The Practice (1997–2004): Season 6, Episode 10 - Eyewitness - full transcript
How can this be happening?!
Miguel, the victim's wife
identifies you as the killer.
The DA's gonna listen.
And you being the fiancee,
they'll tend not to believe
your alibi.
We need to talk about
the plea deal.
(speaking Spanish)
Do you believe I'm innocent?
It's not important
what we believe.
It's important to me.
Miguel? Yes, we know
they have the wrong man.
The deal the DA offered--
it's 11 years, right?
No, Miguel.
I'm just asking.
No, I'm not letting you
go away 11 years
for a crime you didn't do.
Miguel...
I think we can win this.
I really do.
Are you still with me?
Okay.
What do you mean
you can't win?
I didn't say I can't.
I'm saying
it will be difficult--
I saw him, Helen.
I was there.
Understood.
And the integrity
of your word aside,
eyewitness testimony's
not a lock,
especially when it stands alone,
which it does here.
What are you suggesting?
Well, they turned down 11.
I'd like to go back with eight.
Eight years?
For murder?
It takes him
off the street.
My husband's life was worth
more than eight years.
Emily, it's not about measuring
your husband's life.
It's about ensuring that the man
who shot him, in fact,
goes to prison.
I want him in prison
forever.
(sighs)
Okay.
I said I'd let it be
your call.
So we'll go to trial.
(music playing)
You promised me
you'd stop shoplifting.
I didn't boost nothing!
I'm innocent this time!
You're innocent?
Yes!
You had the stereo
in your coat!
That was a present
for my mom's birthday.
(sighs)
How can it be stealing
if it's for someone else?
Okay, that's a defense
we're not putting on.
Look, I gave it back.
(sighs)
So, what--
what am I looking at?
They are charging you
under the common and notorious
thief statute.
Is that bad?
It's very bad.
It means the penalties
go way up.
(sighs)
Let me try
to plead you out.
I have a good relationship
with the DA.
Maybe I can get you
six months.
Six months?
Maynard, if we lose at trial,
the max is 20 years,
and I don't know how
we can win!
(sighs)
All right.
This is an hour before
the murder.
The store's a block
from the crime scene.
We were interested
because the shooter was
described as a male Hispanic,
early 20s, dark jacket.
We used credit-card records
to track this man down.
HELEN: Do you see him
in the room?
Yes.
He's the defendant.
Right there.
Miguel Havalera.
Then what happened?
We spoke with Mr. Havalera.
He gave us an alibi,
but we were not convinced.
So we had Mr. Havalera stand
in a lineup for Mrs. Coyne.
HELEN: Based on what
Mrs. Coyne told you,
what did you do next?
We arrested Mr. Havalera
for the murder of Trevor Coyne.
The lineup was a full
two months after the murder.
That's correct.
And before the lineup,
you told Mrs. Coyne
you had a suspect--
did you not, Detective?
Yes.
So, it's likely she had
an expectation
that you had the right man
in custody.
Objection. The witness
has no foundation
on the expectations--
Sustained.
Detective... are you
aware of the study
showing how easily
witness recollections
can be manipulated?
I'm aware of studies
going both ways, counselor.
Have you read the Cardozo
Law School study
showing that 65
of 77 wrongful convictions
overturned in the last decade
resulted from eyewitness
mistakes?
Objection. Mr. Berluti
is now giving testimony.
Sustained.
Ask questions, counsel,
don't provide answers.
Detective, you have
no physical evidence
connecting my client
to this crime.
Isn't that right?
No fingerprints,
murder weapon, DNA?
That's correct.
I don't think
he hurt us too bad.
The key will be her,
the eyewitness.
You ready?
As ready as I can be,
I guess.
Mr. Berluti...
Ms. Dole.
Yes?
I was in the Courtroom
just then.
It's a hobby of mine.
I'm a Court buff.
I was curious--
do you think you'll win this?
I'm sorry. You are...?
Michael Crane.
I'm a Minister
with the First Presbyterian
Church in Jamaica Plain.
If I hadn't gone
into the clergy,
I think I would have opted
for law school.
I love monitoring big cases,
and homicides are always
quite fascinating.
I was just wondering
whether you think you can get
an acquittal here.
Well, I'm sorry, Reverend,
but we don't really discuss
our cases with anybody.
Of course.
Well, good luck
to you both, anyway.
Thank you.
Come on, Ellenor.
Collared three times
in six months--
my heart's not exactly
bleeding.
Minor shoplifting beefs.
We're getting pressured upstairs
to make some examples.
Well, just don't make one
of Maynard Parrish.
His biggest crime
is being stupid.
He's a sweet kid!
Yes, I know,
they're all sweet.
Do I tell you they're sweet?
(sighs)
Come on.
Our relationship has
to count for something.
Come by my office.
I'll see if we can work
something.
You see?
Now you're sweet.
And that I will stand by.
Yeah, yeah, yeah.
We finished dinner
around 9:30.
We were walking to our car...
when a man ran across
the street.
Right towards us.
I noticed he had a gun.
He asked for
our wallets, jewelry.
What happened next,
Mrs. Coyne?
Trevor took a step
in front of me.
Probably didn't even
realize he'd done it.
Then what happened?
(voice breaking)
I heard a shot.
And I saw fire shoot out
of the gun.
And I was covered with blood.
And I heard Trevor scream.
What did your attacker do?
He stood there,
like he was frozen
for a few seconds.
(sniffs)
And then he ran off.
Mrs. Coyne, did you get
a good look at his face?
Yes.
He was only
about ten feet away.
Do you see
in the courtroom today
the man who shot your husband?
That's him.
The defendant.
Are you positive?
Yes.
That's the man.
Thank you.
It was dark?
There were street lamps.
How far away was the nearest
street lamp, do you know?
Thirty feet or so.
The police say 50 feet.
There was enough light
for me to see, Ms. Dole.
You saw, for example,
the type of gun your
assailant was carrying?
Very clearly.
A small pistol, silver,
with a black handle.
Do you remember what
he was wearing?
A dark jacket and jeans.
How long did it take
from the time you first saw
your assailant
to the time he ran?
Probably...
ten, 15 seconds.
You said you had blood on you,
as well?
Yes.
Were you scared?
It was that man.
Are you sure?
I don't need
to think about it.
That's him.
Mrs. Coyne, I'm confused,
because in the police lineup,
you did need time
to think about it.
You studied those men
for almost a minute.
Are you saying your
recollection is sharper now
than it was six months ago?
I took the extra time
because I wanted to be positive.
Mrs. Coyne, I want to lay out
a scenario for you,
and you tell me
if it's possible, okay?
Fine.
You were brought
to a police lineup,
having been told the police had
the man who shot your husband.
So when they brought
the men out,
you felt one of those men
was the guy.
You settled on my client
after a minute
because he looks the most
like the guy.
Today, you identify
him quickly.
Not necessarily because
he's the man you saw
on the street with the gun,
but because he's the man
you saw that day
in the police lineup.
Possible?
No.
Not even possible?
No.
He's the man
who shot my husband.
Were you told to be
unequivocal up here?
No.
Did you tell the police
the shooter had a goatee?
No. I didn't remember that part.
You didn't remember?
You could describe the gun,
the clothes,
but you couldn't remember
if the shooter had facial hair?
Look...
he shot my husband!
You make room for no
possibility whatsoever
that you could be wrong.
Is that your testimony,
Mrs. Coyne?
Yes.
Thank you.
You certainly weren't
equivocal here.
Mitchell, we've been friends
a long time.
I'm the first one to admit that
most of my clients are scum.
I even complain about it.
The kid needs a break.
And what do I tell
my superiors?
That you did the right thing.
Look, if he gets
caught again,
I promise you,
I will not fight you on it.
But this time, please.
Ellenor...
he is saying he didn't realize
the stereo was under his jacket.
I mean, he's a liar!
He was boosting it
for his mother.
He wanted to get her a present!
Mitchell, come on!
I'm going to
the favor bank here.
I will give you anything.
Anything?
Well, why do you say it
like that?
What do you want?
Take off your shirt.
Very funny.
(chuckling) Come on.
I can't help you.
I wish I could.
Were you serious
just then...
when you asked me
to take off my shirt?
Mitchell, were you?
Ellenor...
...we go way back.
But you don't know
everything about me.
Such as?
I'm attracted to you.
You're married.
I know. I--
I would never cheat on Margie.
I mean, not with an affair.
My heart belongs to her.
But, uh...
fun, little...
...excursions.
Excursions?
I can't really give
your Parrish kid a break.
But if something between you
and me were to happen, well...
to avoid the appearance
of impropriety...
I'd try to be especially...
...fair.
So if I have sex with you,
you'll cut a deal?
(chuckling) I'm shocked that
you would get that impression,
however accurate it might be.
He offered it like that?
Quid pro quo?
Well, he said he would be
especially fair.
If you had sex?
Yes.
How was it?
(phone rings)
What--
what should I do?
Ellenor...
you can't take that deal.
Thank you.
Besides that sterling tip...
I had a case with him once.
He didn't ask me for sex.
So how did you leave it?
I was so stunned,
I just-- I walked out.
Well, I would first
make sure he knows
you didn't accept the offer.
Lucy...call him.
Don't have to.
That was him.
He's on his way over.
Me and Miguel rented
this video-- Big.
We took the bus back
to my house.
We started watching it
at 9:00.
What time did it end?
Around 11:00 or so.
Christina, did Miguel leave
your side at any point
during the evening of may 14th?
No. He was with me
the whole time.
I swear.
And you're absolutely positive
about that?
Yes.
You're engaged to be married
to the defendant?
That's right.
And you love him very much?
Yes.
Would you lie
to give him an alibi?
No.
Did you call your cousin
Martina Bell
on the evening of May 14th
and ask her to join you
for dinner?
Yes.
And did you tell her
that your fiancee would be
out for the evening?
I thought he was, but then
he came home unexpected.
He came home unexpected.
Did anyone else besides you
see him at your
apartment that evening
between the hours
of 8:00 and 11:00?
I don't know.
When the police showed up at
your apartment that evening,
your fiance hid in the closet,
didn't he?
Well...
He thought it was other people
banging on the door.
And... I just thought
it would look bad
if I told the police
that he was in the closet,
and so I just said
no one else was home.
You lied.
Yes.
You lied to help your fiance.
I shouldn't have, but I did.
But you're not lying today?
That's right.
I think we're gonna have to
call you.
I thought you said
it was dangerous.
It is...very. But...
Christina, you didn't come off
so credible just then.
And we have to account for why
you jumped in the closet.
I was hiding from dealers.
I understand.
But to the jury right now,
it just looks like
you were hiding.
We need to call you.
I'm suddenly thinking...
we should take the 11 years.
It's still one
eyewitness, Jimmy.
An eyewitness that held tough,
and when the jury hears
about Miguel's prior--
You think it's
too risky calling him?
Does he strike you
as a Court buff?
No.
Reverend...
still enjoying the trial?
Yes.
What's your objective opinion?
How are we doing?
Not so well, really.
The fiancee seemed like
she was protecting him.
You might be right.
Could I ask you
one more thing?
Sure.
Why do I get the feeling you're
not a disinterested bystander?
I'm not disinterested.
I told you.
You're a buff.
(chuckles)
What do you know, Reverend?
You look a little anxious
in that room.
Like you have a stake.
What do you know?
Nothing.
I'll tell you this--
if our case goes
any further south,
we might just subpoena you...
on a whim.
That would be ridiculous.
Somehow I don't think so.
You're here because you know
something.
I think you need
to talk to us, Reverend.
Thank you, but you're wrong,
and I need to get back.
Please let go of me,
Mr. Berluti.
The process server
will be at your Church
waiting with the summons.
Talk to us.
Suppose what I know
doesn't help you.
At this point, we're willing
to take that risk.
Not here.
Let's go to a witness room.
No. Not anywhere here.
Go buy us some time.
(door closes)
I am extremely sorry for my
inappropriate behavior.
I'm going through some...
personal problems at home,
Ellenor, and...
well, I apologize.
Okay.
Obviously, any deal
predicated on a sexual
relationship is wrong,
and hereby off the table.
I'm very upset that
I even threw it out there.
Well, let's start
again, then.
As I said,
Maynard Parrish is not
a career criminal.
I wish I could help you.
But as I said, we've got our
marching orders on this statute.
Which means what,
you're gonna push for the 20?
I could sell ten upstairs,
but nothing less.
Ten is ridiculous,
and you know it!
I don't know what else
to tell you.
You know, Mitchell, I'm
getting the sickening feeling
that your offer wasn't pulled
because of conscience,
but because
I wouldn't go for it.
Well... you would
be wrong there.
Really?
I want the six months.
We never had a deal.
I want the six months.
I'm sorry.
I think any favorable deal
would be met with suspicion
at this point,
and I'm just gonna
play this straight.
Straight?
Or punitive?
Ten years is it, Ellenor.
And suppose...
sex was not off the table.
I'll say it again.
Ten years is it.
First...
what I say
has to be privileged.
We can't promise that.
Then you get nothing.
I think conscience brought you
down to that Courthouse.
I think conscience
is the reason you're here now.
I want this discussion
to be privileged.
That's the only way
it'll be.
Okay.
And now,
speaking to my attorneys...
my problem is...
...one of my congregants
killed Mr. Coyne.
He came to me
under the seal
of a conversation
with his Minister...
...and admitted his crime.
And his guilt was compounded
by the idea
of an innocent man
being wrongly convicted.
I've been monitoring the trial
on his behalf.
(sighs)
He told me if it appears your
client faces conviction...
...he might be willing
to come forward.
That's all I'm
at liberty to say.
Please, convey
to your congregant...
Miguel Havalera is facing
a conviction.
You have to go
to the Judge.
And say what?
He pulled the offer.
But, Ellenor, your suspicion is
he's now taking a harder line.
He is, but I don't know
whether he's being punitive,
or if he's simply determined
to be ethical
because he's so embarrassed.
Either way
the client suffers.
The guy comes on to you,
you rebuff the advance,
and as a result the client's
getting a lesser deal.
You have to report that.
Mitchell Wheeler
is my friend.
We have known each other
for years.
Friends don't put friends
in that position.
I'm also friends
with his wife.
If this gets out, Bobby,
people are going to be hurt.
Ellenor, as an officer
of the Court,
you have an ethical obligation
to report him.
Please, Eugene, don't
"officer of the Court"
me on this.
You have knowledge of a DA
putting sex on the table
in plea bargains.
If he did it here,
the likelihood is he's done it
before, and he will do it again.
I doubt it.
But even if you're right,
let somebody else report him.
I'm his friend.
Ellenor, if the client is
getting hurt,
you can't sit on it.
(sighs)
He's not coming forward.
But you said--
I thought he would.
He said he would,
but he changed his mind.
He doesn't want to go
to prison.
Reverend, assuming we can
clear hearsay problems,
would you be willing
to testify--
Absolutely not.
We need you now.
Our kid's going down.
What he told me was the
equivalent of a confession,
Mr. Berluti.
Even so,
the consequences--
I won't do it.
In that case...
For you.
What?
It's a subpoena.
I'm really sorry, but--
Mr. Berluti...
Ms. Dole...
If I were to betray
this confidence...
I'd lose my job...
...my Church.
I must plead with you now.
I don't feel good
about what we're doing
here, Reverend, but--
I tried to help you.
If you make me testify--
You have information
that could exonerate
my client of murder.
We have no choice here
but to call you.
Ten years?!
I'm working on it.
Working on it?!
You said, "six months"!
Maynard--
What's going on?!
Don't panic.
Don't--
No, you don't panic!
I'm the one
that's facing prison!
I'm on it, Maynard.
(voice shaking)
Ellenor...
(breathing heavily)
What the hell's going on?
Just let me work on it.
Even if you could
force him to testify,
it would all be hearsay.
Your Honor could
force him to reveal
the identity of the shooter.
That's not hearsay.
HELEN: But if he's
claiming privilege--
I don't think
it is privileged.
He's not a Catholic priest.
This wasn't a confession.
We treat all communications
with clergy pretty much
the same, counsel.
If it's for spiritual guidance.
I don't think this qualifies.
Look, nobody here wants the
wrong man convicted of murder.
Let's question him outside
the presence of the jury
and see what turns up.
Nobody can have a problem
with that.
Are you trying
to extort me, Ellenor?
I'm telling you
that I have an obligation
to reveal what happened.
Nothing happened.
Mitchell, you put
something in play.
You know you did.
I revoked it before
it was in play.
I'm offended by your attempt
at blackmail,
and I will not make deals
under the duress--
I have to defend my client.
Not that way you don't.
All rise.
This Court is now in session.
The honorable Judge Kittleson
presiding.
Any business before
we bring in the jury?
No, Your Honor, the Commonwealth
is ready for trial.
Ms. Frutt?
Is defense ready,
Ms. Frutt?
Your Honor, regretfully I have
to report some misconduct
committed by Mr. Wheeler,
which misconduct has affected
the disposition of this case.
What misconduct?
The district attorney sexually
propositioned me last night,
suggesting a sentence of
six months for my client.
That proposition was rejected,
and with sex being removed
from the equation,
Mr. Wheeler's offer
went up to ten years.
Mr. Wheeler, do you have
a response?
I don't know what to say,
Your Honor.
I'm stunned.
Was sex put on the table
as part of a plea bargain?
Yes, it was
put on the table.
By Ms. Frutt.
Excuse me?
And I immediately
rejected it.
You've got to be kidding!
Why don't we take this
to chambers.
He's lying.
Oh, I'm lying.
Yes, you are, Mitchell.
And you should be disgusted--
All right, that's enough.
Ellenor.
He's lying!
You can expect to be sued
for defamation.
And I'll tell you that,
because immunity--
Go ahead and sue me,
Mitchell!
I said, "all right."
I am not about
to get into this.
You should get into it.
This is one stunt too many
for this firm.
Mr. Wheeler, I'll ask you
for the last time to be quiet.
I don't care who made the
advance.
You're now officially
off this case.
Another DA Will be assigned,
and I'm advising both of you
to let this die now.
I am not going
to let this die!
Mr. Wheeler, you're excused.
Beat it.
If she's gonna tell
more untruths--
She's not.
The matter is dead.
Get out now.
I am telling the truth.
Ellenor, I'm inclined
to believe you.
But trust me when I advise you--
let this drop.
How can I when--
Because his reputation
is far superior to yours.
Truth be told, there's
been a little gossip
in these halls
about your romantic desperation.
I beg your pardon?
You dated a serial killer
who liked to dress up as a nun.
You don't think the clerks
and DAs had some fun with that?
And a few Judges?
Your firm is also infamous
for stunting.
Here you've got a client
dead to rights facing ten years.
And you think
that I would resort
to making up
this kind of story?!
No, I don't.
But, frankly,
Mitchell Wheeler's credibility
is stronger than yours.
And any game of "he said,
she said" will favor him.
He's also
a good-looking man.
Meaning?
Meaning let it drop.
Don't do any more
cases with him.
(door opens, closes)
Reverend, you're a material
witness in a homicide.
I'm ordering you to testify.
I'm sorry, Your Honor,
I cannot.
What was told to me was told
in strict confidence.
I have duties imposed on me
that come from higher places
than your bench.
The Lord can't throw you
in a jail cell. I can.
Well, then you'll have to.
Leaving aside identity,
did a man come to you
and confess to killing
Trevor Coyne--
a man other than
Miguel Havalera?
I'm not talking,
Ms. Dole.
Reverend--
What about my privilege?
I'm sitting in this chair
right now
because those lawyers revealed
my privilege.
Reverend, obviously
you've agonized over
what the right thing
is to do here.
Otherwise...
Without telling me who...
...did a man other
than Miguel Havalera
confess to killing
Trevor Coyne?
Please.
You can reveal that.
Yes, I received
such a confession.
Did he give any details--
I am not saying
anything else.
I'll go to my jail cell now.
That's all that I'm saying.
Okay, Reverend,
you can step down.
I'd like to put him on the stand
to say what he said here.
I can't let you, counsel.
Your Honor--
First of all, it's hearsay.
We have no way of knowing
if it's reliable.
Plenty of nuts confess
to crimes.
It was his congregant.
Obviously, he
considered it reliable--
That's not good enough
for us.
Second, there's totem pole
privilege here--
the congregants,
also the Ministers--
the truth is you had no right
to reveal what he told you.
He hired you as his attorney.
Only as a pretext to shield
what he had to say.
I can't allow him to take the
stand, counsel, and you know it.
Your Honor, somebody else
confesses to the crime,
and the jury doesn't get
to know about it?
That's right, Mr. Berluti.
And if you pull anything
like you did
with the boy with the aneurysm,
your bar card will be gone.
That's a promise from me to you.
The jury will hear nothing
of this Minister
or any confession.
You know I'm telling
the truth.
I would never make
something like this up.
Of course, I know it,
but it doesn't sound like
Mitchell Wheeler either.
That's all I'm saying.
You actually have doubts?
I believe you.
Well, clearly
you're not sure.
Ellenor, I believe you.
Now, listen--
I'll get hold of the case.
I can't promise you six months,
but I'll take care of you, okay?
Okay.
I won't even demand
a sexual favor.
I'm not laughing.
I'm sorry.
Be patient.
I'll make it right.
I got to get in Court.
You know, Mitchell...
The first thing you did
was unethical.
But accusing me,
that was despicable.
Ellenor...
you need to get help.
I hid in the closet
because I didn't know
it was the police.
You thought they were--
Drug dealers.
I owe some money.
I use from time to time.
I admit that.
Mr. Havalera...
the night of the murder--
I was home the whole night.
We rented a movie.
We watched it.
I was home.
Do you own a gun, sir?
No, I have never owned a gun,
I've never fired one,
and I did not shoot
Trevor Coyne.
I swear this.
It was somebody else.
You don't just use
from time to time.
You have a drug problem.
It's under control now.
But you use.
Very rarely.
You robbed a liquor store once.
Isn't that right?
Six years ago
and not with a gun.
You lost your job three weeks
prior to the shooting.
Isn't that correct?
Yes.
Mr. Havalera...
other than your fiancee,
do you have any alibi witness
who can account
for your whereabouts
the night of the shooting?
No.
The Minister has no reason
to make it up, Emily.
I don't know
who the congregant is.
Are you doubting now me?
I'm asking you.
Are you sure?
The truth is eyewitness
testimony is manipulated.
It happens all the time.
Witnesses become convinced
of suspects they see in lineups.
Trauma can affect memory.
I remember his face, Helen.
Why else--
Because you saw it
in a lineup.
No.
He's it.
He's the man.
I know it.
LINDSAY: He's not the one.
Does Emily Coyne think
she saw my client that night?
She probably does.
But she missed on facial hair,
didn't she?
She described the gun,
the clothes,
but she missed an obvious
facial description.
And this gun, the clothes,
never found in the possession
of my client.
The prosecution offers
no witnesses
who ever saw him wear
the clothes described.
No physical evidence,
no forensics,
nothing to link my client
with this crime.
Just the testimony
of the victim's wife,
who had to be scared,
traumatized.
It was a dark night.
She's mistaken.
Somebody else killed
Trevor Coyne.
Maybe he looked like my client.
But she is mistaken.
She doesn't think it was him.
She knows it.
She was there.
And she saw him--
the man with the drug history,
the man who robbed
a liquor store,
the man who just lost his job
and needed money,
the man the police found
hiding in the closet
the night of the murder.
Ladies and gentlemen...
...we have an eyewitness
who actually saw him commit
the murder.
What else could
you possibly need?
So, it's all gonna work out.
I think so. Helen got
custody of the case,
so she's gonna
take care of it.
So that's great.
Yep.
But you don't seem happy.
Well, I lost a friend
this week.
I can't really
celebrate that, can I?
Is that all there is?
I don't like not being
believed, Rebecca.
I-I thought
Judge Kittleson said
she was inclined
to believe you.
Yes, she was inclined,
and Helen was inclined,
but nobody's sure,
and you know why?
Because Mitchell Wheeler
is a good-looking man,
and I'm the fat girl.
It isn't that, Ellenor.
It's exactly that, Rebecca.
Exactly that.
Why would a man
like Mitchell Wheeler
make a pass at me?
It's exactly that.
You know what
Judge Kittleson said?
That my "romantic desperation"
is fodder for gossip down there.
And when I had a baby
using a sperm donor--
well, that was because
I had no choice, right?
I mean, what man
would marry me?
It couldn't possibly be that
I wanted to be a single parent.
Before you spend the rest
of the day feeling sorry
for yourself,
remember you did get a good
result for the client.
This will eventually be
a victory.
That's another bigotry
we face, Rebecca.
What?
People assume that fat girls
just sit around
feeling sorry for themselves.
I'm not sitting here
feeling sorry.
I'm angry!
Can you understand that?
I am angry!
(praying in Spanish)
(whispers)
What do you think?
I don't know.
I think maybe--
I don't know.
(knock on door)
(sighs)
Madam Foreperson,
have you reached a verdict?
We have, Your Honor.
What say you?
In the matter of Commonwealth
vs. Miguel Havalera,
as to the count of murder
in the second degree,
we the jury find the defendant,
Miguel Havalera...
...guilty.
JUDGE: Members of the jury,
this completes your service.
This matter is--
This matter--
While I find
there is some evidence to allow
for the conclusion
that the defendant committed
the crime,
I find no reasonable jury
could reach
the verdict that it did
based upon the evidence
that has been presented to it.
I hereby set aside the verdict
and enter a finding...
...of not guilty.
The defendant is free to go.
(gavel bangs)
(sobbing)
(sighs)
(sighs)
Hey.
It's, uh, not right
for a man to cry.
I had to come in.
I think, under
the circumstances,
you can cry, Miguel.
One day...
(voice breaking)
...I will repay you,
Mr. Berluti.
Don't worry about that.
(sniffles)
You no doubt feel like
a proud man, Mr. Berluti.
But you're not a proud man.
You betrayed me.
Reverend, when you came
to the Courthouse,
it was because you had to.
And that Judge's ruling,
it had everything to do
with you coming forward.
I didn't come forward.
You dragged me forward,
after pledging your secrecy.
I'm happy very for you, sir.
But you betrayed me.
Jimmy, Miguel still has to
check with probation
before he can leave.
Okay.
Oh, my God.
Oh, my God.
There was no congregant
who confessed, was there?
You need to check with probation
before you can go.
Okay. (clears throat)
(door shuts)
(music playing)
You stinker!
Miguel, the victim's wife
identifies you as the killer.
The DA's gonna listen.
And you being the fiancee,
they'll tend not to believe
your alibi.
We need to talk about
the plea deal.
(speaking Spanish)
Do you believe I'm innocent?
It's not important
what we believe.
It's important to me.
Miguel? Yes, we know
they have the wrong man.
The deal the DA offered--
it's 11 years, right?
No, Miguel.
I'm just asking.
No, I'm not letting you
go away 11 years
for a crime you didn't do.
Miguel...
I think we can win this.
I really do.
Are you still with me?
Okay.
What do you mean
you can't win?
I didn't say I can't.
I'm saying
it will be difficult--
I saw him, Helen.
I was there.
Understood.
And the integrity
of your word aside,
eyewitness testimony's
not a lock,
especially when it stands alone,
which it does here.
What are you suggesting?
Well, they turned down 11.
I'd like to go back with eight.
Eight years?
For murder?
It takes him
off the street.
My husband's life was worth
more than eight years.
Emily, it's not about measuring
your husband's life.
It's about ensuring that the man
who shot him, in fact,
goes to prison.
I want him in prison
forever.
(sighs)
Okay.
I said I'd let it be
your call.
So we'll go to trial.
(music playing)
You promised me
you'd stop shoplifting.
I didn't boost nothing!
I'm innocent this time!
You're innocent?
Yes!
You had the stereo
in your coat!
That was a present
for my mom's birthday.
(sighs)
How can it be stealing
if it's for someone else?
Okay, that's a defense
we're not putting on.
Look, I gave it back.
(sighs)
So, what--
what am I looking at?
They are charging you
under the common and notorious
thief statute.
Is that bad?
It's very bad.
It means the penalties
go way up.
(sighs)
Let me try
to plead you out.
I have a good relationship
with the DA.
Maybe I can get you
six months.
Six months?
Maynard, if we lose at trial,
the max is 20 years,
and I don't know how
we can win!
(sighs)
All right.
This is an hour before
the murder.
The store's a block
from the crime scene.
We were interested
because the shooter was
described as a male Hispanic,
early 20s, dark jacket.
We used credit-card records
to track this man down.
HELEN: Do you see him
in the room?
Yes.
He's the defendant.
Right there.
Miguel Havalera.
Then what happened?
We spoke with Mr. Havalera.
He gave us an alibi,
but we were not convinced.
So we had Mr. Havalera stand
in a lineup for Mrs. Coyne.
HELEN: Based on what
Mrs. Coyne told you,
what did you do next?
We arrested Mr. Havalera
for the murder of Trevor Coyne.
The lineup was a full
two months after the murder.
That's correct.
And before the lineup,
you told Mrs. Coyne
you had a suspect--
did you not, Detective?
Yes.
So, it's likely she had
an expectation
that you had the right man
in custody.
Objection. The witness
has no foundation
on the expectations--
Sustained.
Detective... are you
aware of the study
showing how easily
witness recollections
can be manipulated?
I'm aware of studies
going both ways, counselor.
Have you read the Cardozo
Law School study
showing that 65
of 77 wrongful convictions
overturned in the last decade
resulted from eyewitness
mistakes?
Objection. Mr. Berluti
is now giving testimony.
Sustained.
Ask questions, counsel,
don't provide answers.
Detective, you have
no physical evidence
connecting my client
to this crime.
Isn't that right?
No fingerprints,
murder weapon, DNA?
That's correct.
I don't think
he hurt us too bad.
The key will be her,
the eyewitness.
You ready?
As ready as I can be,
I guess.
Mr. Berluti...
Ms. Dole.
Yes?
I was in the Courtroom
just then.
It's a hobby of mine.
I'm a Court buff.
I was curious--
do you think you'll win this?
I'm sorry. You are...?
Michael Crane.
I'm a Minister
with the First Presbyterian
Church in Jamaica Plain.
If I hadn't gone
into the clergy,
I think I would have opted
for law school.
I love monitoring big cases,
and homicides are always
quite fascinating.
I was just wondering
whether you think you can get
an acquittal here.
Well, I'm sorry, Reverend,
but we don't really discuss
our cases with anybody.
Of course.
Well, good luck
to you both, anyway.
Thank you.
Come on, Ellenor.
Collared three times
in six months--
my heart's not exactly
bleeding.
Minor shoplifting beefs.
We're getting pressured upstairs
to make some examples.
Well, just don't make one
of Maynard Parrish.
His biggest crime
is being stupid.
He's a sweet kid!
Yes, I know,
they're all sweet.
Do I tell you they're sweet?
(sighs)
Come on.
Our relationship has
to count for something.
Come by my office.
I'll see if we can work
something.
You see?
Now you're sweet.
And that I will stand by.
Yeah, yeah, yeah.
We finished dinner
around 9:30.
We were walking to our car...
when a man ran across
the street.
Right towards us.
I noticed he had a gun.
He asked for
our wallets, jewelry.
What happened next,
Mrs. Coyne?
Trevor took a step
in front of me.
Probably didn't even
realize he'd done it.
Then what happened?
(voice breaking)
I heard a shot.
And I saw fire shoot out
of the gun.
And I was covered with blood.
And I heard Trevor scream.
What did your attacker do?
He stood there,
like he was frozen
for a few seconds.
(sniffs)
And then he ran off.
Mrs. Coyne, did you get
a good look at his face?
Yes.
He was only
about ten feet away.
Do you see
in the courtroom today
the man who shot your husband?
That's him.
The defendant.
Are you positive?
Yes.
That's the man.
Thank you.
It was dark?
There were street lamps.
How far away was the nearest
street lamp, do you know?
Thirty feet or so.
The police say 50 feet.
There was enough light
for me to see, Ms. Dole.
You saw, for example,
the type of gun your
assailant was carrying?
Very clearly.
A small pistol, silver,
with a black handle.
Do you remember what
he was wearing?
A dark jacket and jeans.
How long did it take
from the time you first saw
your assailant
to the time he ran?
Probably...
ten, 15 seconds.
You said you had blood on you,
as well?
Yes.
Were you scared?
It was that man.
Are you sure?
I don't need
to think about it.
That's him.
Mrs. Coyne, I'm confused,
because in the police lineup,
you did need time
to think about it.
You studied those men
for almost a minute.
Are you saying your
recollection is sharper now
than it was six months ago?
I took the extra time
because I wanted to be positive.
Mrs. Coyne, I want to lay out
a scenario for you,
and you tell me
if it's possible, okay?
Fine.
You were brought
to a police lineup,
having been told the police had
the man who shot your husband.
So when they brought
the men out,
you felt one of those men
was the guy.
You settled on my client
after a minute
because he looks the most
like the guy.
Today, you identify
him quickly.
Not necessarily because
he's the man you saw
on the street with the gun,
but because he's the man
you saw that day
in the police lineup.
Possible?
No.
Not even possible?
No.
He's the man
who shot my husband.
Were you told to be
unequivocal up here?
No.
Did you tell the police
the shooter had a goatee?
No. I didn't remember that part.
You didn't remember?
You could describe the gun,
the clothes,
but you couldn't remember
if the shooter had facial hair?
Look...
he shot my husband!
You make room for no
possibility whatsoever
that you could be wrong.
Is that your testimony,
Mrs. Coyne?
Yes.
Thank you.
You certainly weren't
equivocal here.
Mitchell, we've been friends
a long time.
I'm the first one to admit that
most of my clients are scum.
I even complain about it.
The kid needs a break.
And what do I tell
my superiors?
That you did the right thing.
Look, if he gets
caught again,
I promise you,
I will not fight you on it.
But this time, please.
Ellenor...
he is saying he didn't realize
the stereo was under his jacket.
I mean, he's a liar!
He was boosting it
for his mother.
He wanted to get her a present!
Mitchell, come on!
I'm going to
the favor bank here.
I will give you anything.
Anything?
Well, why do you say it
like that?
What do you want?
Take off your shirt.
Very funny.
(chuckling) Come on.
I can't help you.
I wish I could.
Were you serious
just then...
when you asked me
to take off my shirt?
Mitchell, were you?
Ellenor...
...we go way back.
But you don't know
everything about me.
Such as?
I'm attracted to you.
You're married.
I know. I--
I would never cheat on Margie.
I mean, not with an affair.
My heart belongs to her.
But, uh...
fun, little...
...excursions.
Excursions?
I can't really give
your Parrish kid a break.
But if something between you
and me were to happen, well...
to avoid the appearance
of impropriety...
I'd try to be especially...
...fair.
So if I have sex with you,
you'll cut a deal?
(chuckling) I'm shocked that
you would get that impression,
however accurate it might be.
He offered it like that?
Quid pro quo?
Well, he said he would be
especially fair.
If you had sex?
Yes.
How was it?
(phone rings)
What--
what should I do?
Ellenor...
you can't take that deal.
Thank you.
Besides that sterling tip...
I had a case with him once.
He didn't ask me for sex.
So how did you leave it?
I was so stunned,
I just-- I walked out.
Well, I would first
make sure he knows
you didn't accept the offer.
Lucy...call him.
Don't have to.
That was him.
He's on his way over.
Me and Miguel rented
this video-- Big.
We took the bus back
to my house.
We started watching it
at 9:00.
What time did it end?
Around 11:00 or so.
Christina, did Miguel leave
your side at any point
during the evening of may 14th?
No. He was with me
the whole time.
I swear.
And you're absolutely positive
about that?
Yes.
You're engaged to be married
to the defendant?
That's right.
And you love him very much?
Yes.
Would you lie
to give him an alibi?
No.
Did you call your cousin
Martina Bell
on the evening of May 14th
and ask her to join you
for dinner?
Yes.
And did you tell her
that your fiancee would be
out for the evening?
I thought he was, but then
he came home unexpected.
He came home unexpected.
Did anyone else besides you
see him at your
apartment that evening
between the hours
of 8:00 and 11:00?
I don't know.
When the police showed up at
your apartment that evening,
your fiance hid in the closet,
didn't he?
Well...
He thought it was other people
banging on the door.
And... I just thought
it would look bad
if I told the police
that he was in the closet,
and so I just said
no one else was home.
You lied.
Yes.
You lied to help your fiance.
I shouldn't have, but I did.
But you're not lying today?
That's right.
I think we're gonna have to
call you.
I thought you said
it was dangerous.
It is...very. But...
Christina, you didn't come off
so credible just then.
And we have to account for why
you jumped in the closet.
I was hiding from dealers.
I understand.
But to the jury right now,
it just looks like
you were hiding.
We need to call you.
I'm suddenly thinking...
we should take the 11 years.
It's still one
eyewitness, Jimmy.
An eyewitness that held tough,
and when the jury hears
about Miguel's prior--
You think it's
too risky calling him?
Does he strike you
as a Court buff?
No.
Reverend...
still enjoying the trial?
Yes.
What's your objective opinion?
How are we doing?
Not so well, really.
The fiancee seemed like
she was protecting him.
You might be right.
Could I ask you
one more thing?
Sure.
Why do I get the feeling you're
not a disinterested bystander?
I'm not disinterested.
I told you.
You're a buff.
(chuckles)
What do you know, Reverend?
You look a little anxious
in that room.
Like you have a stake.
What do you know?
Nothing.
I'll tell you this--
if our case goes
any further south,
we might just subpoena you...
on a whim.
That would be ridiculous.
Somehow I don't think so.
You're here because you know
something.
I think you need
to talk to us, Reverend.
Thank you, but you're wrong,
and I need to get back.
Please let go of me,
Mr. Berluti.
The process server
will be at your Church
waiting with the summons.
Talk to us.
Suppose what I know
doesn't help you.
At this point, we're willing
to take that risk.
Not here.
Let's go to a witness room.
No. Not anywhere here.
Go buy us some time.
(door closes)
I am extremely sorry for my
inappropriate behavior.
I'm going through some...
personal problems at home,
Ellenor, and...
well, I apologize.
Okay.
Obviously, any deal
predicated on a sexual
relationship is wrong,
and hereby off the table.
I'm very upset that
I even threw it out there.
Well, let's start
again, then.
As I said,
Maynard Parrish is not
a career criminal.
I wish I could help you.
But as I said, we've got our
marching orders on this statute.
Which means what,
you're gonna push for the 20?
I could sell ten upstairs,
but nothing less.
Ten is ridiculous,
and you know it!
I don't know what else
to tell you.
You know, Mitchell, I'm
getting the sickening feeling
that your offer wasn't pulled
because of conscience,
but because
I wouldn't go for it.
Well... you would
be wrong there.
Really?
I want the six months.
We never had a deal.
I want the six months.
I'm sorry.
I think any favorable deal
would be met with suspicion
at this point,
and I'm just gonna
play this straight.
Straight?
Or punitive?
Ten years is it, Ellenor.
And suppose...
sex was not off the table.
I'll say it again.
Ten years is it.
First...
what I say
has to be privileged.
We can't promise that.
Then you get nothing.
I think conscience brought you
down to that Courthouse.
I think conscience
is the reason you're here now.
I want this discussion
to be privileged.
That's the only way
it'll be.
Okay.
And now,
speaking to my attorneys...
my problem is...
...one of my congregants
killed Mr. Coyne.
He came to me
under the seal
of a conversation
with his Minister...
...and admitted his crime.
And his guilt was compounded
by the idea
of an innocent man
being wrongly convicted.
I've been monitoring the trial
on his behalf.
(sighs)
He told me if it appears your
client faces conviction...
...he might be willing
to come forward.
That's all I'm
at liberty to say.
Please, convey
to your congregant...
Miguel Havalera is facing
a conviction.
You have to go
to the Judge.
And say what?
He pulled the offer.
But, Ellenor, your suspicion is
he's now taking a harder line.
He is, but I don't know
whether he's being punitive,
or if he's simply determined
to be ethical
because he's so embarrassed.
Either way
the client suffers.
The guy comes on to you,
you rebuff the advance,
and as a result the client's
getting a lesser deal.
You have to report that.
Mitchell Wheeler
is my friend.
We have known each other
for years.
Friends don't put friends
in that position.
I'm also friends
with his wife.
If this gets out, Bobby,
people are going to be hurt.
Ellenor, as an officer
of the Court,
you have an ethical obligation
to report him.
Please, Eugene, don't
"officer of the Court"
me on this.
You have knowledge of a DA
putting sex on the table
in plea bargains.
If he did it here,
the likelihood is he's done it
before, and he will do it again.
I doubt it.
But even if you're right,
let somebody else report him.
I'm his friend.
Ellenor, if the client is
getting hurt,
you can't sit on it.
(sighs)
He's not coming forward.
But you said--
I thought he would.
He said he would,
but he changed his mind.
He doesn't want to go
to prison.
Reverend, assuming we can
clear hearsay problems,
would you be willing
to testify--
Absolutely not.
We need you now.
Our kid's going down.
What he told me was the
equivalent of a confession,
Mr. Berluti.
Even so,
the consequences--
I won't do it.
In that case...
For you.
What?
It's a subpoena.
I'm really sorry, but--
Mr. Berluti...
Ms. Dole...
If I were to betray
this confidence...
I'd lose my job...
...my Church.
I must plead with you now.
I don't feel good
about what we're doing
here, Reverend, but--
I tried to help you.
If you make me testify--
You have information
that could exonerate
my client of murder.
We have no choice here
but to call you.
Ten years?!
I'm working on it.
Working on it?!
You said, "six months"!
Maynard--
What's going on?!
Don't panic.
Don't--
No, you don't panic!
I'm the one
that's facing prison!
I'm on it, Maynard.
(voice shaking)
Ellenor...
(breathing heavily)
What the hell's going on?
Just let me work on it.
Even if you could
force him to testify,
it would all be hearsay.
Your Honor could
force him to reveal
the identity of the shooter.
That's not hearsay.
HELEN: But if he's
claiming privilege--
I don't think
it is privileged.
He's not a Catholic priest.
This wasn't a confession.
We treat all communications
with clergy pretty much
the same, counsel.
If it's for spiritual guidance.
I don't think this qualifies.
Look, nobody here wants the
wrong man convicted of murder.
Let's question him outside
the presence of the jury
and see what turns up.
Nobody can have a problem
with that.
Are you trying
to extort me, Ellenor?
I'm telling you
that I have an obligation
to reveal what happened.
Nothing happened.
Mitchell, you put
something in play.
You know you did.
I revoked it before
it was in play.
I'm offended by your attempt
at blackmail,
and I will not make deals
under the duress--
I have to defend my client.
Not that way you don't.
All rise.
This Court is now in session.
The honorable Judge Kittleson
presiding.
Any business before
we bring in the jury?
No, Your Honor, the Commonwealth
is ready for trial.
Ms. Frutt?
Is defense ready,
Ms. Frutt?
Your Honor, regretfully I have
to report some misconduct
committed by Mr. Wheeler,
which misconduct has affected
the disposition of this case.
What misconduct?
The district attorney sexually
propositioned me last night,
suggesting a sentence of
six months for my client.
That proposition was rejected,
and with sex being removed
from the equation,
Mr. Wheeler's offer
went up to ten years.
Mr. Wheeler, do you have
a response?
I don't know what to say,
Your Honor.
I'm stunned.
Was sex put on the table
as part of a plea bargain?
Yes, it was
put on the table.
By Ms. Frutt.
Excuse me?
And I immediately
rejected it.
You've got to be kidding!
Why don't we take this
to chambers.
He's lying.
Oh, I'm lying.
Yes, you are, Mitchell.
And you should be disgusted--
All right, that's enough.
Ellenor.
He's lying!
You can expect to be sued
for defamation.
And I'll tell you that,
because immunity--
Go ahead and sue me,
Mitchell!
I said, "all right."
I am not about
to get into this.
You should get into it.
This is one stunt too many
for this firm.
Mr. Wheeler, I'll ask you
for the last time to be quiet.
I don't care who made the
advance.
You're now officially
off this case.
Another DA Will be assigned,
and I'm advising both of you
to let this die now.
I am not going
to let this die!
Mr. Wheeler, you're excused.
Beat it.
If she's gonna tell
more untruths--
She's not.
The matter is dead.
Get out now.
I am telling the truth.
Ellenor, I'm inclined
to believe you.
But trust me when I advise you--
let this drop.
How can I when--
Because his reputation
is far superior to yours.
Truth be told, there's
been a little gossip
in these halls
about your romantic desperation.
I beg your pardon?
You dated a serial killer
who liked to dress up as a nun.
You don't think the clerks
and DAs had some fun with that?
And a few Judges?
Your firm is also infamous
for stunting.
Here you've got a client
dead to rights facing ten years.
And you think
that I would resort
to making up
this kind of story?!
No, I don't.
But, frankly,
Mitchell Wheeler's credibility
is stronger than yours.
And any game of "he said,
she said" will favor him.
He's also
a good-looking man.
Meaning?
Meaning let it drop.
Don't do any more
cases with him.
(door opens, closes)
Reverend, you're a material
witness in a homicide.
I'm ordering you to testify.
I'm sorry, Your Honor,
I cannot.
What was told to me was told
in strict confidence.
I have duties imposed on me
that come from higher places
than your bench.
The Lord can't throw you
in a jail cell. I can.
Well, then you'll have to.
Leaving aside identity,
did a man come to you
and confess to killing
Trevor Coyne--
a man other than
Miguel Havalera?
I'm not talking,
Ms. Dole.
Reverend--
What about my privilege?
I'm sitting in this chair
right now
because those lawyers revealed
my privilege.
Reverend, obviously
you've agonized over
what the right thing
is to do here.
Otherwise...
Without telling me who...
...did a man other
than Miguel Havalera
confess to killing
Trevor Coyne?
Please.
You can reveal that.
Yes, I received
such a confession.
Did he give any details--
I am not saying
anything else.
I'll go to my jail cell now.
That's all that I'm saying.
Okay, Reverend,
you can step down.
I'd like to put him on the stand
to say what he said here.
I can't let you, counsel.
Your Honor--
First of all, it's hearsay.
We have no way of knowing
if it's reliable.
Plenty of nuts confess
to crimes.
It was his congregant.
Obviously, he
considered it reliable--
That's not good enough
for us.
Second, there's totem pole
privilege here--
the congregants,
also the Ministers--
the truth is you had no right
to reveal what he told you.
He hired you as his attorney.
Only as a pretext to shield
what he had to say.
I can't allow him to take the
stand, counsel, and you know it.
Your Honor, somebody else
confesses to the crime,
and the jury doesn't get
to know about it?
That's right, Mr. Berluti.
And if you pull anything
like you did
with the boy with the aneurysm,
your bar card will be gone.
That's a promise from me to you.
The jury will hear nothing
of this Minister
or any confession.
You know I'm telling
the truth.
I would never make
something like this up.
Of course, I know it,
but it doesn't sound like
Mitchell Wheeler either.
That's all I'm saying.
You actually have doubts?
I believe you.
Well, clearly
you're not sure.
Ellenor, I believe you.
Now, listen--
I'll get hold of the case.
I can't promise you six months,
but I'll take care of you, okay?
Okay.
I won't even demand
a sexual favor.
I'm not laughing.
I'm sorry.
Be patient.
I'll make it right.
I got to get in Court.
You know, Mitchell...
The first thing you did
was unethical.
But accusing me,
that was despicable.
Ellenor...
you need to get help.
I hid in the closet
because I didn't know
it was the police.
You thought they were--
Drug dealers.
I owe some money.
I use from time to time.
I admit that.
Mr. Havalera...
the night of the murder--
I was home the whole night.
We rented a movie.
We watched it.
I was home.
Do you own a gun, sir?
No, I have never owned a gun,
I've never fired one,
and I did not shoot
Trevor Coyne.
I swear this.
It was somebody else.
You don't just use
from time to time.
You have a drug problem.
It's under control now.
But you use.
Very rarely.
You robbed a liquor store once.
Isn't that right?
Six years ago
and not with a gun.
You lost your job three weeks
prior to the shooting.
Isn't that correct?
Yes.
Mr. Havalera...
other than your fiancee,
do you have any alibi witness
who can account
for your whereabouts
the night of the shooting?
No.
The Minister has no reason
to make it up, Emily.
I don't know
who the congregant is.
Are you doubting now me?
I'm asking you.
Are you sure?
The truth is eyewitness
testimony is manipulated.
It happens all the time.
Witnesses become convinced
of suspects they see in lineups.
Trauma can affect memory.
I remember his face, Helen.
Why else--
Because you saw it
in a lineup.
No.
He's it.
He's the man.
I know it.
LINDSAY: He's not the one.
Does Emily Coyne think
she saw my client that night?
She probably does.
But she missed on facial hair,
didn't she?
She described the gun,
the clothes,
but she missed an obvious
facial description.
And this gun, the clothes,
never found in the possession
of my client.
The prosecution offers
no witnesses
who ever saw him wear
the clothes described.
No physical evidence,
no forensics,
nothing to link my client
with this crime.
Just the testimony
of the victim's wife,
who had to be scared,
traumatized.
It was a dark night.
She's mistaken.
Somebody else killed
Trevor Coyne.
Maybe he looked like my client.
But she is mistaken.
She doesn't think it was him.
She knows it.
She was there.
And she saw him--
the man with the drug history,
the man who robbed
a liquor store,
the man who just lost his job
and needed money,
the man the police found
hiding in the closet
the night of the murder.
Ladies and gentlemen...
...we have an eyewitness
who actually saw him commit
the murder.
What else could
you possibly need?
So, it's all gonna work out.
I think so. Helen got
custody of the case,
so she's gonna
take care of it.
So that's great.
Yep.
But you don't seem happy.
Well, I lost a friend
this week.
I can't really
celebrate that, can I?
Is that all there is?
I don't like not being
believed, Rebecca.
I-I thought
Judge Kittleson said
she was inclined
to believe you.
Yes, she was inclined,
and Helen was inclined,
but nobody's sure,
and you know why?
Because Mitchell Wheeler
is a good-looking man,
and I'm the fat girl.
It isn't that, Ellenor.
It's exactly that, Rebecca.
Exactly that.
Why would a man
like Mitchell Wheeler
make a pass at me?
It's exactly that.
You know what
Judge Kittleson said?
That my "romantic desperation"
is fodder for gossip down there.
And when I had a baby
using a sperm donor--
well, that was because
I had no choice, right?
I mean, what man
would marry me?
It couldn't possibly be that
I wanted to be a single parent.
Before you spend the rest
of the day feeling sorry
for yourself,
remember you did get a good
result for the client.
This will eventually be
a victory.
That's another bigotry
we face, Rebecca.
What?
People assume that fat girls
just sit around
feeling sorry for themselves.
I'm not sitting here
feeling sorry.
I'm angry!
Can you understand that?
I am angry!
(praying in Spanish)
(whispers)
What do you think?
I don't know.
I think maybe--
I don't know.
(knock on door)
(sighs)
Madam Foreperson,
have you reached a verdict?
We have, Your Honor.
What say you?
In the matter of Commonwealth
vs. Miguel Havalera,
as to the count of murder
in the second degree,
we the jury find the defendant,
Miguel Havalera...
...guilty.
JUDGE: Members of the jury,
this completes your service.
This matter is--
This matter--
While I find
there is some evidence to allow
for the conclusion
that the defendant committed
the crime,
I find no reasonable jury
could reach
the verdict that it did
based upon the evidence
that has been presented to it.
I hereby set aside the verdict
and enter a finding...
...of not guilty.
The defendant is free to go.
(gavel bangs)
(sobbing)
(sighs)
(sighs)
Hey.
It's, uh, not right
for a man to cry.
I had to come in.
I think, under
the circumstances,
you can cry, Miguel.
One day...
(voice breaking)
...I will repay you,
Mr. Berluti.
Don't worry about that.
(sniffles)
You no doubt feel like
a proud man, Mr. Berluti.
But you're not a proud man.
You betrayed me.
Reverend, when you came
to the Courthouse,
it was because you had to.
And that Judge's ruling,
it had everything to do
with you coming forward.
I didn't come forward.
You dragged me forward,
after pledging your secrecy.
I'm happy very for you, sir.
But you betrayed me.
Jimmy, Miguel still has to
check with probation
before he can leave.
Okay.
Oh, my God.
Oh, my God.
There was no congregant
who confessed, was there?
You need to check with probation
before you can go.
Okay. (clears throat)
(door shuts)
(music playing)
You stinker!