The Practice (1997–2004): Season 5, Episode 4 - Appeal and Denial - full transcript

Desperately trying to overturn Scott Wallace's verdict, Bobby goes for a hearing to prove Kyle Barrett lied on the stand. Helen tries a man who assaulted his wife, when the woman changes her mind and testifies for her husband. Lucy outs Bobby and Lindsay as being pregnant, but it turns out they're not the only ones.

Previously on
"The Practice"...

We have one last pretrial

where I'll try
to suppress your statement.

Scott,
if I'm unsuccessful--

No, no, no. No, I'm not
taking manslaughter, Bobby.

Please don't
ask me that again!

-He's going to walk?
-I'm not saying that, but--

But what? He killed my sister.
Don't tell me now that--

Mr. Barrett, as we have
explained from the start,

our case is
hugely circumstantial.

You knew your sister, sir.



There is no way she would
ever take her own life,

not in any circumstance.

She was murdered.

If you know it--
She did not commit suicide--

You absolutely know it.

She said that if she
turned up missing,

that I should
call the police

because Scott probably
did something to her.

BOBBY: Objection!

You want me
to sign this--

An affidavit saying
I coached a witness to lie?

He made that stuff up about
his sister being afraid.

Helen, I told him

what his testimony
needed to accomplish.



I never said lie.

I'm convinced that Kyle Barrett
lied on the stand

after being coached
by the prosecution.

I don't think Mr. Bay
crossed the line.

I see no evidence
that he solicited perjury.

The conviction therefore stands.

I'll get a new trial, right?

I mean, the judge made
all of those mistakes.

Am I going to get a new trial?

That's what we're hoping for.

I thought I was okay,

but I'm feeling
maybe I'm not.

Just hurry.

Two years? That's it?

Yes.

It's a decent plea for us.

If he gets convicted,

the most he'd serve
is probably three.

But I could've died, Helen.

I understand,
but like you said,

you didn't think he was
really trying to kill you.

But he tried to hurt me.

Which is why
he's about to go on trial.

I'll get him, Margaret,
but if we can get the plea...

you don't want
to be put through this.

I know your husband's lawyers.

They're tough.

Three years.

I am not pleading guilty.

Look, this is your wife

saying you pushed her
down a flight of stairs.

-I didn't touch her.
-The problem is

victims of domestic violence
can look very sympathetic--

-She is not a victim.
-Well, they'll make her
look like one,

and the jury is going
to want to know--

Why would she
lie about this?

I would like to know myself.

-Robert--
-What about my daughter?

If I plead guilty
to a crime like this,

then I'll lose custody of her.

No, that isn't
necessarily true.

-You could get custody--
-No, I didn't do it.

I didn't throw my wife
down a flight of stairs,

and I won't
say that I did.

I don't care
what my odds are. No.

♪ (theme)

Can I have your attention,
everybody?

I have very exciting news.
Now, it's kind of private,

but, um, I've been keeping it in
for, like, two months now,

and I can't anymore.
I'm sorry.

What?

Well, two months ago--
Now, keep in mind

it is so not like me
to go through waste cans,

but it was a dull day,
and I was in the ladies' room.

Anyways, I found
this pregnancy test thing,

and it was positive.

Now, I know it could've been
anybody on this floor,

but I still had a feeling.

Then yesterday a book came,
and I opened it, you know,

thinking it was just
office supplies--

Books--
Usually library things.

Unfortunately, I threw away
who it was addressed to,

and then the trash guy came
and picked it up,

and-- Well, whatever.

Somebody here is pregos.
Lindsay?

-I didn't order that thing.
-Oh, come on.

I thought I saw a tummy.

I did not order that thing.

Lindsay,
we might as well tell them.

-That's great!
-Thank you, Lucy,
for your exciting news.

Well, I couldn't keep it
from the family.

-How far along?
-Four months.

-Who's the father?
-You're funny today.

Congratulations.

MARGARET: Help, police!

MAN: Where you at,
ma'am? Ma'am?

MAERGARET: 830 Brayson.
You have to hurry!

MAN: Okay, okay, stay
on the line.

Just tell me what's happening.

ROBERT:
What are you doing?

MARGARET:
My husband-- 830--

ROBERT:
What the hell are you doing?
Margaret!

Robert, stop! You're--

(static on line)

MAN:
Ma'am, are you there?

Can you get back
on the phone, ma'am? Hello?

What's happening, ma'am?
Hello?

(tape shuts off)

830 Brayson. Are you familiar
with that address?

Yes. After getting
the radio run, I responded
to that location.

-And what did you find?
-The front door was open.

When we got inside,
we found the defendant

at the base of a stairwell
in the foyer area.

Mrs. Wakefield was lying
face up, wearing a nightgown,

and she appeared
to be unconscious.

The defendant
was sitting next to her

holding her head
from behind.

Was there anybody else
in the house?

The defendant's
9-year-old daughter.

She said she was in her room
and didn't see anything.

Could you describe
the defendant's demeanor

when you spoke to him?

He was very upset.

Right away I could
smell alcohol on his breath,

and his eyes,
they were very glassy.

What did you do next?

I called
for an ambulance,

and we took Mrs. Wakefield
to Mass General.

Could you describe
her condition?

At first
she was still unconscious,

but on the way there
she started to come to.

That's when she told me that
her husband had pushed her.

Just to be clear, Officer,

could you describe
Mrs. Wakefield's exact words?

"He pushed me.
Robert pushed me."

-You said my client was upset?
-Yes.

-He wasn't violent?
-No.

And when you got there,
you saw him sitting
with his wife

holding her head
in his hands?

Yes.

So you cannot exclude
the possibility

that Mrs. Wakefield tripped
on her own nightgown?

Can I positively exclude it?
No, but--

Thank you, Officer.
When Mrs. Wakefield
was taken to the hospital,

my client went with her,
right?

He met us there, yeah.

And did you permit Mr. Wakefield
to visit his own wife?

At that point we didn't
even know what we had.

Really?

So even after Mrs. Wakefield's
big statement in the ambulance,

you still weren't sure
a crime had been committed.

We were investigating.

You weren't sure
about what she told you?

We had no reason
to doubt her.

But the man she accused
of pushing her--

You allowed him to visit her,
didn't you?

Yes.

What do you mean "spots"?

I mean "spots."

It's worse when I look
at the light, but, uh,

even when I don't,
I still see spots,

and they're big,
and then they shrink,

and then, uh, when I blink
they, uh, come back.

Not always,
but, I mean, sometimes.

Sometimes I see them.

And you said they had
the optometrist examine them?

He's a hack. I mean,
how many kids do you know

went to med school so that
they could examine prisoners?

I mean,
the doctors in this place

are all unemployable hacks.

Is it fun?

Is what fun?

Well, I would think
it would be fun, you know?

You must dream
about big cases,

and this one-- a murder,
your friend on the hook.

I mean,
I would think that this

has all the stakes that
any lawyer could ever wish for,

and if you're not
having fun now, Bobby,

I mean, then what's
the point, you know?

Scott, we're going to have you
meet with a psychiatrist.

I was convicted,
for God's sake.

What, you want to have me
declared incompetent

to stand appeal?
Oh, I mean, that's smart.

Why don't you examine my eyes
while you're at it?

Do I get to go?

Go where?

He's losing it.

We got to get him
the hell out of here.

Margaret.

What's wrong?

I don't think Robert

intended to push me
down the stairs.

I beg your pardon?

No, I've been replaying this
over and over again.

Have you been talking to him?

We have thought
of reconciling,

but this is the truth--

I made a mistake.

Margaret,
don't you dare do this.

Helen, at the time,

I didn't know what to think.

Uh, one minute we're fighting.

The next--
I wake up in a hospital,

police officers
asking me questions.

I was angry.

I think I convinced myself,
at the time,

that he did it on purpose,

but he didn't...

and I'm dropping
the charges.

First of all,

you don't get to drop
the charges.

Only the district attorney
can do that.

But it's my choice
whether to continue.

Actually, no, it's not.

You chose to call 911.
Now I make those decisions.

I'm not testifying, Helen.

Then I'll get
a material witness order
and have you arrested.

If you try to force me,
I'll tell the jury I fell.

This was an accident.

Oh, Margaret,

I know you think you have
no life without this man,

-but trust me--
-I'm not some weak victim here.

Look...

We've had a complicated,
volatile relationship.

If you want to prosecute me

for false arrest or whatever,

I'll own that,

but the man didn't push me
down the stairs.

What happened?

My victim just recanted.

That's why I prefer murders--

When they're dead,

they can't change
their stories.

What do you want?

I came to apologize.

I have been a little
influenced

by politics of late.

You were there for me
when my job was in peril,

and I want you to know
I'm here for you now.

Is my job in peril?

Helen, they've stuck you
with domestic violence.

What does that tell you?

They? "They" being
Kate Brunner.

Well, that's--
She carries a lot of power.

I'm told you're supplying
Bobby Donnell

with an affidavit.

Not that
you suborned perjury,

only that I thought
the witness was coached

and that he committed
perjury.

If I can give you
a little advice,

I wouldn't give him
that statement.

Is that why you're here,
Richard,

to reach out
and gag a friend?

It really doesn't affect me.

It does your case

and, therefore,
you with Kate Brunner.

You win, she likes you.
You lose, she doesn't.

And if I lose, you will get
the brunt of the blame,

not me.

I already gave Bobby
the affidavit.

But thanks
for stopping by, Richard.

It's been good
to catch up.

You working late?

The Wallace appeal
is tomorrow.

You feeling okay?

Fine.

I'm glad it's out.

It was hard for me
to keep it a secret.

Bobby, I didn't take
the pregnancy test here.

Did you order that book?

Me? No.

That little witch tricked us.

Either that,
or somebody else is pregnant.

You okay, Bec?

Hmm? Oh, sure.

What you thinking about?

Just the case.

MARGARET: Ms. Washington?

Can I speak to you?

Well, I represent your husband.

Yes, I know.

I've decided not to testify.

Oh.

Well.

Actually, I do want to testify,

but for Robert.

I'm not sure I understand.

Your client is innocent.

You got a problem.

He's about two weeks
away from Bridgewater.

He's suffering from
severe clinical depression.

He needs to be hospitalized
right now.

We're due in court.

Bobby, this man
is not going to court.

He's in the middle
of what's called

a situational
mental breakdown,

most likely caused by
twin positional traumas--

The death of his wife,
and the conviction.

The spots,
the inability to sleep--

The man is on the verge
of a psychotic breakdown.

He needs to be transferred
to a mental facility right now.

Eugene, go to Wolf.

File a motion
that he be transferred

to the hospital jail ward.

I'll handle
the appeals court myself.

I'll need your affidavit.

Can you agree
to supervise at the hospital?

Absolutely.

You've got to get him
out of prison.

Let's go.

He had me by the shoulders.

I can remember his face

being right there
in front of me.

I had never heard him
scream like that.

What were you fighting about?

The same thing as always--

He wouldn't stop drinking.

It was getting worse
since the wedding.

Did you tell him
you were worried?

I tried,

but when Robert's like that...

you can't tell him anything.

What was he saying?

It was my fault.

He had to drink

because I was
making him miserable.

He was yelling
and shaking me.

That's when I got scared.

I waited till he left the room,

and called 911.

Tell the jury
why you called the police.

I never wanted
to have him arrested.

I thought they could just
get him out of the house--

Hold him, maybe,
until he was sober again.

But then he heard you
on the phone?

He came up behind me

and ripped the phone
out of my hand.

That's why I was screaming
on the tape.

I was scared,
so I ran.

When I got to the stairs,
I was going too fast.

All I remember is falling
and waking up at the hospital.

Mrs. Wakefield,
I want to be clear.

Did Robert push you
down those stairs?

No. We were fighting,
but he didn't hurt me.

I tripped, and I fell.

But that's not
what you told the police.

I was angry.

They were trying to get me
to say what they wanted,

and I wanted to punish him.

"We were at the top
of the staircase.

"Robert had me by the hair.

"I begged him to let me go,

and then he pushed me
from behind."

Isn't that what you said
in the hospital?

I didn't really have time
to think about things.

Have you and your husband
talked about reconciling?

Yes.

When did you have these talks?

A few days ago.

Look at your face, Margaret.

Look, I'm not saying that I
didn't fall down the stairs.

I'm not saying
that it didn't happen

as a result of an argument
and scuffle with Robert.

What I am finally admitting--

-You've answered my question.
-No, I haven't.

I ask that the witness
be instructed--

You are trying to make it seem

like he's controlling me!

The witness may answer
the question.

What I am finally admitting to

is that he didn't intend
for me to fall.

I know that disturbs your case,

but, like it or not...

it's the truth.

I would like to focus
the court's attention

on our first issue
for appeal,

which is
the trial court's refusal

to conduct
an evidentiary hearing

concerning
the charge of perjury

by a material witness,

and the prosecution's role
in suborning that perjury.

Attached to our
supplemental brief

is the sworn affidavit

of district attorney
Helen Gamble,

who was present when Mr. Bay
encouraged the witness,

Kyle Barrett,
to give false testimony.

That's not what
her affidavit says.

It alleges he coached
the witness,

but doesn't go so far as
to state he suborned perjury.

It says he supplied testimony
which was new

and different
from any prior statement

given by this witness.

That to me implies perjury,

and a reading
of Ms. Gamble's affidavit

reveals that she too
drew that inference.

Mr. Bay, I assume you take issue
with this allegation?

I'm offended by it.

I certainly expressed
to the witness

the need for his testimony
to be compelling.

I never remotely
asked him to lie.

What about the idea that
you supplied the testimony?

I gave him a list of points
we needed to cover.

I told him what
was most relevant,
what needed to be emphasized.

The idea that I encouraged
false testimony is preposterous!

It's a desperate ploy
by a defense team

that's even arguing
its own inadequacy,

if you look
at paragraph six.

I haven't got to that yet!

Your Honors,
this is the catchall

"inadequacy of counsel" appeal

that's typically
thrown out there

when the defendants have
little else to go on.

The fact remains,

Scott Wallace
is an educated man.

He participated
in his defense fully.

This was a strategic decision
to which he relented.

It does not rise to a denial
of his right to testify.

-It's unfair surprise.
-I didn't know about it myself.

-I just uncovered it.
-That doesn't matter.

At this point in the trial--

Look, I'll give you time
if you want discovery.

-I don't want time.
-Hold on.

These are records
of her injuries?

No, Your Honor,
his previous wife.

There are also medical records

of three injuries
to the daughter.

A broken arm,
a shoulder bruise,
and a laceration.

-Over a period of...
-Eleven years total.

First of all,
there is no evidence

or suggestion that my client
caused these injuries.

Was Mr. Wakefield ever accused
of any abuse?

No, but with this pattern,
he probably should have been.

Do you have any evidence
that he caused them?

No, but--

Denied.

-You know better than that.
-Your Honor...

Out you go.
I'll see you back in court.

(door opens)

Did you hit your first wife?

What?

They dug up hospital reports,

and some on Jennifer, too.

No. They're saying
that I hit them?

Well, luckily,
they don't get to say it,

but my question is,
did you?

Of course not!
Rebecca!

How'd she get her injuries?

What injuries?

Bruises. Cuts.

Jennifer had a broken arm.

She fell off of her bike.

Joanne, she rode horses.
She jumped.

She had a couple
of accidents, maybe.

What the hell is this?

Is this what happens now--

They start manufacturing things?

Seems like a lot
of accidents, Robert.

Hey, I've had my share
of yelling arguments.

I've even grabbed
from time to time,

both Joanne and Margaret,

but I have never,
ever hit a woman.

And my daughter!

I don't think it's wise
for you to testify.

I suggest we rest
and go to closing.

And why is that?

Because Helen Gamble
could back-door

that other stuff on impeachment,

and it wouldn't look good.

Trust me.

Do I need another lawyer here?

I'll finish.

I don't want you finishing
unless you believe me.

Do I need a new lawyer?

I'll finish.

I'm telling you, Ellenor,

I know this woman.

She's covering for him.
I know her.

At the risk of getting
my head bitten off,

ground into wheat germ,

and sprinkled
on your cereal,

I know you.

What's that supposed to mean?

It means you are under
a lot of pressure at work.

Have you considered
the possibility

that you need
this conviction so badly

you are willing
to chase one

even in the absence
of a crime?

Look, after what I did
on the Wallace case,

how could you
even say that to me?

I believe you believe
he's guilty.

My question is,
do you need to believe it?

The only eyewitness
is the victim,

and she says
there was no crime.

Is she the only eyewitness?

(school bell rings)

Jennifer?

Hi.

Are you Jennifer Wakefield?

Who are you?

My name's Helen Gamble.

I'm a district attorney.

Could I talk to you
for a second?

I know who you are.

(telephone rings)

Donnell-- Whatever.

Yeah. Yeah, he's right here.

It's the clerk's office
about the Wallace appeal.

Hello.

Yes.

Today?

Thank you.

What?

They ordered a full hearing

on the perjury issue.

We go back
into Judge Wolf today.

That's our best grounds,
Eugene.

We have a shot.

-I don't believe it.
-We're back in this.

Well, let's not
get carried away.

Eugene, it's our best grounds.
We're gonna get him out.

Bobby, we can't get
Scott's hopes up.

Not yet.

They turned us down
on three issues.

But on the perjury,

-we get a full hearing.
-And this is good?

Well, we were hoping
they'd order a new
trial outright.

We didn't get that,
but with a hearing,

if the judge determines
that the brother did
commit perjury,

then we get a new trial.

Unfortunately, we go before
the same judge we had at trial.

Wolf?

Yes, but...

I said no toast!

No toast.

Scott, you need to rest.

The doctor says
that you're suffering
from clinical depression.

Karen dying, the conviction...

You need to rest,
take your medication,

and we'll do
what we need to do.

The spots are going away.

I'm doing better, Bobby.
I'm not seeing the spots.

This is great.

You'll, uh...

You'll come back and see me
after the hearing?

I promise.

-I promise.
-Thank you.

She is a witness!
I have a right to question
any witness!

I filed my appearance
with the court,

indicating I represent
the entire family.

Which is a potential
conflict of interest.

You take that up here,
not on a playground.

You went to the school?

Yes.

What the hell
is wrong with you?

What's wrong is
I think this girl

may have seen or heard
something that night.

Then your course of action

was to get a material
witness warrant.

Your Honor,
under the circumstances--

There are rules
barring contact

with represented parties

that especially apply
to prosecutors, Miss Gamble!

She's nine years old!

I believe the witness is

under the control
of the defendant.

You have been running about

making accusation
after accusation

with nothing to support it!

That's why I went
to ask questions.

Well, you went about it
the wrong way!

You are restrained
from going near the girl.

You're lucky I don't
report you to the bar!

-Your Honor--
-That is all!

-Do I have to do anything?
-No. I promise.

We just want you
to be there.

It would be good
for the jury

to see you all as a family,
that's all.

Okay.

Jenny, could you
go out for a second?

I'd like to talk
to Miss Washington.

-I'll take her.
-Thank you.

Come on, honey.

Is this really necessary?

I wouldn't ask for it
if I didn't need to.

We stand a very good chance
of an acquittal here.

Why risk it?

The risk is her
being traumatized.

She's got to sit
and listen

to accusations
that her father...

threw her stepmother
down the stairs.

Again...

I'm trying to avoid
a conviction.

All right, Mr. Donnell.

Call your first witness.

The defense calls
Helen Gamble.

Offer of proof?

Miss Gamble was there
in the room

with Barrett and Mr. Bay.

She was the lead D. A.

What's she going to say
that's not in her affidavit?

Well, she will confirm
all the allegations

-made in her affidavit.
-She doesn't need to.
I've heard them.

Call your next witness.

What about
the commonwealth's right

to cross-examine
this witness?

Mr. Bay?

I think the court
can take judicial notice

we dispute
Miss Gamble's claims.

The court of appeals

ordered a full evidentiary
hearing on this issue.

I will enter her affidavit
into evidence.

Call your next witness,
please.

I object to this!

If you have
any other witnesses,

you'd better call them.

Otherwise, this evidentiary
hearing is over.

The defense objects to
the court acting out of ego!

The defense wants it noted
for the record

that the trial court judge
is angered by the fact

that the appeals court
ruled he was in error,

and the defense wants
its objection noted
for the record

that the trial court judge
is not complying

with the order
of the appeals court.

I will repeat--

Call your next witness,
or the hearing is over.

My next witness, Kyle Barrett,
hasn't arrived yet.

We'll adjourn until he does.
One hour.

(gavel bangs)

(crowd murmuring)

So we have a crime

where the victim says
it didn't happen.

Now, did she
once claim it did?

Yes.

But, as she explained,

she was confused and angry,

and she lashed out.

And all those statements came

when she was
emotionally unsteady,

as she told you.

But now she's admitting
the truth--

It never happened.

All those prior statements
she made?

Made up.

We don't just have
reasonable doubt

as to his guilt here;

we have proof
of his innocence.

She finally let go of her rage

and let the truth come out.

If only we could get
a zealous district attorney

to do the same.

Yes, that's the only reason
we're here--

Because I'm an angry,
overzealous district attorney

who cannot let go of her rage.

Do you really believe that?

Nothing to do with the fact

that an unconscious woman
was rushed to the hospital.

Let's just forget
the 911 call

where the victim was screaming

while the defendant
pursued her.

This isn't the day after,
ladies and gentlemen.

It's not the week after.

These charges were filed
six months ago.

Margaret Wakefield
has stuck to her story

since last spring.

It's only after
she and her husband

talked two days ago
about reconciling

that she suddenly rises up
and says,

"Gee, I think I was mistaken.

It must have been
an accident."

Do you really believe that?

I'm sure Margaret Wakefield
is a little frightened.

Her husband Robert
supported her.

He's the father of her step--

He's the father
of her stepdaughter.

She's suddenly faced
with losing everything,

and she thinks,
"Maybe we can work it out."

They talk
about reconciling,

and suddenly, poof.

It's an accident.

He threw her down the stairs.

It can't be erased,

even at the victim's
own request.

It happened.

And it will probably
happen again.

You heard that tape.

You heard those statements
to the police,

to the hospital.

"Robert did it.

Robert pushed me."

She can say whatever
she wants to now.

But she didn't take an oath
to uphold the law.

The 12 of you did.

Could you please state
your name and address

for the record, sir?

Kyle Barrett.

1505 North Street,
Walpole, Massachusetts.

Mr. Barrett, you are
the brother of Karen Wallace,

is that correct?

Was the brother,

until your client killed her.

Mr. Barrett, in preparation
for your testimony

at Scott Wallace's trial,
you had a meeting

with Richard Bay
and Helen Gamble,

did you not?

On the advice of counsel,

I'm exercising
my 5th amendment right

not to answer your question.

Excuse me?

Your Honor,
I'm Matthew Stone,

Mr. Barrett's attorney.

Though my client maintains
his complete innocence

with respect to
any allegation of perjury,

given Helen Gamble's
beliefs,

I have to advise him
not to answer these questions.

Your client is not
on trial here, Mr. Stone.

Understood.
But with the possibility
that charges could file,

he has a 5th amendment right,

and it would be foolish
for him not to exercise it.

You have
to grant him immunity.

-It's the only way
you can force him--
-You can forget that.

If this man committed perjury
in a first-degree murder trial,

I am not going
to offer up immunity

like a stick of gum!

I have to be allowed
to question him!

I can't force him to waive
his 5th amendment right!

We're being denied
our evidentiary hearing!

Why don't you supply me
with some precedent

where I get to take away

his right
not to incriminate himself,

and I'll be glad
to accommodate you.

Is it your client's intent
to take the 5th

on every question
he's asked?

Yes, Your Honor.

Everybody get out.

I'm going to take 10 minutes
to think about this,

then we'll reconvene.

Out!

I thought you quit.

I'm not supposed
to talk to you, Helen.

You seem to be doing
a lot of things

you're not supposed
to do, Margaret.

You know, I couldn't
figure it out--

Then finally it hit me.

You're not going
back to Robert

because you love him.

You're doing it
to protect Jennifer,

because it's the only way
you can.

I don't know what
you're talking about.

-Yes, you do.
-No, I don't.

The reason
you're so horrified

that he'd only get
three years in prison

is because
when he got out,

Jennifer
would only be 12,

and you're worried
he'd get custody again.

Faced with that,
you decide to reconcile

so you can always
be there to protect her.

Margaret, he might not
get custody.

-Under the law...
-I know the presumption,

but there's
a good chance he would.

And then what?

What happens the next time
he pushes you down the stairs?

Honey?

Everything okay?

Everything's just swell,
Mr. Wakefield.

Come on.

WOMAN: All rise.

WOMAN: Be seated.

I have been ordered
by the court of appeals

to conduct a full hearing
into this perjury business.

That hearing has been thwarted
by the primary witness

exercising
his 5th amendment right

not to testify.

The conviction of Scott Wallace
is hereby set aside.

It is the order of this court
that he be granted a new trial.

-Adjourned.
-(gavel bangs)

We fully intend to retry him.

This man committed murder,

and the district attorney's
office

will pursue him
until his home in prison

becomes permanent.

Were you surprised
by the ruling?

Shocked is more like it,
and outraged.

Judge Wolf certainly acted
within his discretion,

but the reality here is,

a killer could get
back on the street,

and I find that horrifying.

What will Helen Gamble's
role be in the next trial?

I will be prosecuting.

I'll be in charge.

Look at him.
Every time he loses,
he shrinks an inch.

Amazing. They do it
all over again now.

It's amazing.

Is it exciting?

The new trials?

-Being pregnant.
-Oh. (laughs)

Yeah, it's really amazing.

(chuckles)

You think Rebecca is?

I doubt it.

Well, the book and the test--

It's kind of
an elaborate scam,

even for Lucy.

Yeah, but,
between you and me,

I don't think
Rebecca's really pregnant,

and I don't think Lucy's
playing any trick.

Then how did that book get here?

I ordered it.

Why?

Because I'm pregnant.

So I'm not
convicted anymore?

I mean,
I'm not convicted.

No.

The verdict is out.

Do we do it again?

We do it all over again.

And this time
we're gonna win.

Okay.

These drugs make me weak.

They're to help you rest.

You just get better now,
okay, buddy?

Okay.

You get better.

Next time...

...we win.

We win.

The defendant
will please rise.

Madam foreperson,

the jury has reached
its unanimous verdict?

We have, Your Honor.

What say you?

Commonwealth
v. Robert Wakefield--

On the charge
of assault and battery

with intent to cause
serious physical injury,

we find the defendant,
Robert Wakefield,

not guilty.

JUDGE HILLER:
Members of the jury,

this completes your service.

You're dismissed
with the thanks of the court.

The defendant is free to go.

This matter is adjourned.

Thank you.

Thank you, Rebecca.
Thank you so much.

Congratulations.

♪ (theme)

You stinker!