The Practice (1997–2004): Season 6, Episode 12 - Pro Se - full transcript
LINDSAY: Previously
on The Practice:
If he takes me out, I don't
want you to let him walk.
If I'm dead, you let
someone know what happened.
Russell said if anything
happened to him,
tell the police
about Derek Grant.
The client told you what
happened in confidence.
It won't matter
if he's dead!
There's a man
named Derek Grant.
We're asking you
to question the guy.
Derek Grant was shot
to death two nights ago
on the corner
of 128 and Linden.
You ordered me to tell
the police!
If I was dead!
I thought you were dead!
Russell Hampton,
you're under arrest
for the murder of Derek Grant.
You have the right
to remain silent.
When this started, all they
had was a dime bag of crack.
They couldn't charge you
with murder
if you didn't keep
killing people!
You gave me up!
(yells)
(grunting)
(door bangs open)
Get in there!
Go! Get him out!
Gotta get him out.
Aah!
You should get some rest.
I'm fine.
You guys
don't need to worry.
Your cellmate, dead.
Your fingerprints
on the knife.
Your confession
to the murder.
We don't win this one, Ray.
This is a case we plead to.
Go over it again.
This is getting
really boring.
Not to me.
I love court days.
Beats watching TV.
Food's better than
state prison.
I can hit on you.
Guard!
No! No, don't
call the guards.
I know about the guards.
Don't screw around
with me, Ray.
I didn't tell you before
'cause I was scared you
wouldn't believe me.
The guards set up fights
between the inmates
and bet on 'em.
They wanted me
to fight Baumann.
But before I could tell
anyone, they killed him.
Are you saying
they framed you?
You don't rat out
the guards and live.
But I got no choice.
I can't do more prison time.
If you're saying
you have a defense,
I need to know.
Is this true?
No. But I sure as hell
had you going.
You're an idiot.
Come on, it's a winner!
We can get a jury to buy it.
We've done it before.
When we had a defense, Ray.
Look... if I can get
a plea deal to ten years
on top
of your current sentence--
Ten?
Plus three
on my robbery charge?
I can't do 13 years.
I was serious about that.
I can't do
the time I got left.
Ray, when you get convicted
this time,
it's mandatory life.
So you either let me
make a deal,
or you'll have to start
getting used to the idea
that you are going to die
in prison.
It's your choice.
(music playing)
There's nothing
you can challenge?
His confession was voluntary
and vividly incriminating.
And you can forget
self-defense.
He admitted the victim was
asleep when he stabbed him.
Why did he do it?
He won't tell me.
How many times you've
represented this guy?
Well, this makes four.
And to be honest,
I've always liked the guy,
but since he's been in prison...
I don't know.
After a while,
it drives them all crazy.
He's agreed to let me try
and plead it.
Good morning?
What the hell are you
doing here?
I told you
he'd come back too fast.
Hello to you, too, everyone.
It's good to be back.
Hey, Bobby, you look...
...bad.
LUCY: Nice, Jimmy.
Why don't you drop
the macho crap and go home?
Lucy, get me
the Cheswick file.
When Eugene gets in,
tell him we need
to go over the finances.
No deal.
My case is way too strong.
Can't you just once be
reasonable?
If he pleads,
he will serve 13 years
before he's even
considered for parole.
He committed
coldblooded murder!
He ought to stay in prison
for life.
Plus, it's only
a one-day trial.
Ellenor, don't beg this guy.
You got a real stick
up your ass.
Shut up, Ray!
You know why I bet you suck?
Because people hate
arrogant.
Now, me-- juries love me.
That last jury loved you.
I pled to the robbery charge.
I had no choice.
They had me on videotape.
I've never been convicted
by a jury.
We can beat this chump.
No, we can't.
(door closes)
(typing)
(sighs)
Collections are down.
Welcome to the recession.
Clients are hurting.
Some firms in town are taking
50 cents on the dollar.
I can't afford
to be out anymore.
Anybody out there need
my help?
Ellenor's got a trial
that's gonna plead.
Everybody else is covered.
What's your schedule?
Don't you start now.
For now,
you shouldn't be taking
any criminal cases, Bobby.
Excuse me?
Before you go back into
a cell with another client,
we think it would be best
for you to get your legs back.
"We think"?
Bobby--
Wait a second.
You and Lindsay got together
and decided
how I should practice law?
No. The whole firm
decided this.
Well, do me a favor.
Next time my firm plans on
discussing my career,
let me know.
I'd like to be there.
Give him time.
He won't give himself time.
He won't even talk
about what happened.
You know, your husband's
not real big
on sharing his feelings.
Oh.
Or hadn't you noticed?
I noticed that he feels
like we're attacking him.
He probably does.
Right now, he's something
he never wanted to be:
A victim.
It's not easy
for him to deal with.
You know that.
When I defended him before,
he listened to me.
Now he won't take my advice
or help me develop
a usable defense.
I can't, in good conscience,
continue to be his lawyer.
This is a ploy to get
a continuance.
Mr. Lowe knows
I have a real conflict.
I know your client
doesn't have a defense.
I don't care what you know.
I care about Mr. McMurphy.
He's the one facing trial.
Sir, are you and Ms. Frutt
having problems?
Thank you for asking,
Your Honor.
Sorry. I get nervous.
That's all right, son.
Take your time.
It's just that...
she wants me to plead guilty,
and I want my day in court.
Are you pressuring him
to plead?
Frankly, yes.
As his lawyer, I have a duty
to stop him from pursuing
a trial he can't win.
But that's his choice,
not yours.
If he wants a trial,
he gets a trial.
Not with me as his lawyer.
We have a conflict.
Let him get new counsel.
We're ready today.
Bringing in a new lawyer
will delay the case
for months, maybe a year.
No!
I don't want to go
back upstate right now.
I want a trial today.
I'll be my own lawyer.
I'll defend myself.
That is a bad idea.
That's also a ploy.
After he's convicted,
he'll appeal
and say that we violated
his right to counsel.
I'll waive that appeal.
And later say that
the waiver was unknowing.
No! I can have Ms. Frutt
advise me.
Then I'll waive it,
which means
it will be knowing.
Sir, I advise you
not to represent yourself.
If you choose--
But...
...I have a right to.
Don't I?
I choose to exercise
that right.
May I have one second,
Your Honor?
What are you doing?
I wanna go to trial now,
with or without you.
Ray, you may be nuts,
but you are not crazy.
Which means my wish
should be respected.
You will be convicted!
Ellenor... no, I won't.
He wants to represent
himself, Your Honor.
Fine. But he'll do so
with hybrid representation.
Ms. Frutt, I'm ordering you
to assist him
as standby counsel.
What?
The law says
he can do it pro se,
but I'm allowed
to protect him.
Let him get somebody else.
No. I have you.
Mr. McMurphy, once again,
I must warn you
that defending yourself
is a very serious step.
Are you sure
it's one you want to take?
Yes.
I-I've been through
enough trials
to know how they work.
I can do this... with help.
I object to being forced
to help a man convict himself.
I think what you
object to, Ms. Frutt,
is the client taking
control of his case,
but that's his right.
He's the one in charge, not you.
Therefore, you will serve
as standby counsel,
and Mr. McMurphy will have
his day in court.
See you at 11:00.
(gavel bangs)
LUCY: So he's defending himself?
Not my idea.
You still
have to be there?
Yes. He wants copies
of the local rules,
a textbook on criminal
procedures,
and the evidence code.
And you have to hurry.
It starts in two hours.
So you're second chair
to him?
Lucy, hurry!
If you don't wear it,
you will look guilty.
Ellenor, they're gonna know
I'm in prison
when they hear
where I killed him.
Me wearing that
will just look phony.
Now, can we talk
about the trial?
Go ahead.
You're in charge.
That judge seems like
a liberal.
He is, particularly
at sentencing,
which is why
you should plead.
A conviction takes away
his discretion.
But if I waive jury
and have him decide it,
will he acquit me?
No.
You're better off
with a jury.
You still say frame-up
and self-defense are out?
Completely.
What other defenses
do we have?
Listen, Ray,
even as your backup counsel,
I can't let you just--
But as my advisor,
you at least have to tell me
what my options are.
Alibi--
you were somewhere else,
which won't work,
because you were locked
in a cell.
Go on.
Insanity--
the prison shrink
says you're not.
Necessity-- not applicable
on these facts.
Jury nullification--
it's illegal to even--
Uh, go back.
What's a necessity defense?
It doesn't work--
Just tell me what is!!
You killed him because
somebody forced you to.
That's my defense.
No, it's not, Ray.
Nobody forced you to--
Ellenor, you know how
you survive in prison?
You grab opportunities.
Now get me some cases
on necessity.
Trial on the defendant's
assault charge
was to begin last week,
but Mr. Donnell
was in the hospital
as the result
of another case.
Third continuance,
Mr. Donnell--
When will you be
back in the saddle?
I'm back now, Judge.
Well, then, you're in luck.
We had a case plead out.
We can take you today.
Today?
Can I have a moment
with my client?
Sure.
What do you want to do?
Get it over with.
Well, we don't
have to go today.
Under the law,
you're entitled to more time.
Do I want more time?
It never hurts.
It gives us a chance to...
...keep investigating
your defense.
Judge Bournes,
may I be heard?
I've just realized I have
a scheduling conflict.
A later date
would be better for me.
How about, uh...
June 6th?
Okay with your client,
Mr. Donnell?
Yes, that would be fine.
See you in June.
We're adjourned.
Bobby, we need to talk.
Yeah... later.
You take care of yourself.
Ladies and gentlemen
of the jury,
Mr. McMurphy
will be acting pro se--
that is, as his own attorney.
The law requires him
to comply
with all evidentiary
and court rules.
Ms. Frutt will be assisting
him as standby counsel.
Now, certainly, Mr. McMurphy
has little or no experience
in trying cases.
You are to draw no inferences
or conclusions
as to the merits of the case
based on his performance
as a litigator.
MAN: We roll the cell
doors open at 5:00 a. m.
for the day's first count.
McMurphy walked out.
Baumann didn't.
What did you do?
Checked the cell.
Baumann was dead
in his bunk,
the shiv still sticking
out of his chest.
Where was Mr. McMurphy?
Toeing the line
in front of the cell.
There was blood
on his shirt.
Could you tell if there'd been
a fight in the cell?
Object--
lacks sufficient foundation.
Object!
Something... foundation.
The objection is sustained.
Was anything broken?
Were there things
strewn around?
It didn't look like a fight
had taken place, no.
Thank you.
Nothing further.
He got to say it anyway.
Good witnesses know how.
Be careful.
Saunders.
McMurphy.
First thing you did,
you took me to
the deputy warden's office,
and I told you
I had to kill him.
Objection!
Lacks foundation.
Mr. McMurphy
is not the witness here.
Sustained.
The jury will disregard.
You hate my guts, right?
I hate killers.
Objection!
Sit down, Ms. Frutt.
You hated me because
I wouldn't kiss your ass.
You're a killer and a liar!
That's enough!
The jury will disregard.
I have nothing else
to ask this man.
Did you ever suspect
anyone but the defendant
of this murder?
No.
Object to that.
Shh! I want to hear this.
Why didn't you suspect
anyone else?
It's a two-man cell.
They were locked in overnight.
Plus, McMurphy hated Baumann.
Everyone knew it.
That's a lie!
Your Honor--
Sit down!
Other people hated Baumann!
Mr. McMurphy hated him
the most.
I don't know why.
I just know he did.
Nice job, Ray.
You know, if you're sitting
next to me,
you gotta look like
you're supporting me.
I am trying to, but--
No, you're arguing,
and the jury sees it.
I am telling you
when to object, Ray.
I am trying to help.
So... how'd that go?
Terrible.
In addition to time
and opportunity,
he testified that
you didn't like the victim.
You did establish
that the witness hates you.
So in your closing,
you'll want to remember that
and argue the bias.
Now, for the warden
who is up next,
here's a quick lesson
in hearsay--
I know what hearsay is.
Well, make sure you object.
You probably
won't shut it down,
but you need to preserve
the objection for appeal.
Because his testimony
is going to kill you.
As the deputy warden,
I was in charge of
the initial investigation.
On the day of the murder,
you spoke with the defendant?
Yes.
And what, if anything,
did he say?
Objection-- hearsay.
It's admissible
hearsay as a declaration
against interests,
an admission
by party opponents.
Overruled.
He said he stabbed Baumann
a couple of hours
after lights out.
Recognize this?
Yes. It's the murder weapon.
It's a toothbrush,
filed down. Very common.
You checked it for prints?
Yes. Mr. McMurphy said
we'd find his on it.
And we did.
Did he say why he did it?
No.
Did he say what, if anything,
Mr. Baumann was doing
at the time he stabbed him?
He said Baumann was sleeping.
Thank you.
When I talked to you
back in your office,
I looked real scared.
I was shaking, crying--
Objection--
lacks foundation.
Calls for hearsay.
You used hearsay.
Mr. McMurphy is not
the witness.
Shaking and crying
are both nonverbal,
self-serving statements
which are
inadmissible hearsay.
Objection sustained.
So I'm not allowed to say
what happened?
You're not
the witness here, sir.
The objection is sustained.
(sighs)
Every question that he asks
helps my case.
He's still in his jumpsuit,
for God's sake.
He might as well wear a sign
that says "convict me."
I'm just saying be careful.
Of what?
Well, I think the guy's
smarter than
you give him credit for.
What am I missing?
Look...
The guy may have no defense,
but the jury
might be seeing that
as a function of no one
defending him.
I introduced his confession.
The jury sees
there's no defense.
What the jury sees
is you beating up
a defenseless guy
who doesn't know the law.
Don't let him be an underdog
in there, Alan.
Remind the jury
that this guy would rip out
their hearts if he could.
And ease off the objecting.
Let him win
a few procedural points.
You really think
I'm in a fight here?
From what I saw, yes.
Look, there's no such thing
as a laydown.
This office has lost cases
to pro se defendants.
My advice-- be careful.
Are you going to testify?
I haven't decided yet.
Well, if you don't testify,
how do you intend to prove
that you acted
out of necessity?
Look, if I think
this defense is a lie,
I have to tell the judge.
You don't know
it is a lie.
Don't treat me
like an idiot, Ray.
Look, I'm trying the case.
I don't have to
tell you anything.
You want to be helpful?
Get me this guy.
He's being sentenced
downstairs.
We know each other.
He'll testify for me.
Why are you doing this?
Trial prep's real important.
You know what I mean.
You used to trust me, Ray.
When I said,
"plead," you did.
We only fought the ones
that we could win.
Did I let you down?
What's changed?
(sighs)
It's not you.
More time in prison would be
a death sentence for me.
Then why did you kill him?
If...
...I told you
I killed him over cigarettes
because he stole
my last damn pack,
you wouldn't believe me.
Guys in prison
get killed over less.
Guys get killed for looking
at somebody wrong.
I can't take it anymore.
The longer this trial lasts,
the less time I got
to be in prison.
Even if it's just for a day,
that's enough.
You killed him
over cigarettes?
I said... "if."
(creaking)
Cheswick's down
in the last one.
Are you all right?
Just tell him--
tell him I got paged.
I-I got a...
I'll check with him later.
(door opens)
Hello.
Is Bobby Donnell in?
You are?
Leonard Welish.
I'm with the state's
outreach program.
We're funded by the state
legislature.
We help crime victims.
Well, "victim" is not
a word he likes to hear.
Anyway, he's already given his
statement to the DA.
I'm not a lawyer, ma'am.
I'm here just to make sure
that he's okay.
This is your defense?
He's telling you what
happened.
I hated Baumann.
Baumann screwed me
on a drug deal.
I told McMurphy,
kill Baumann or
I'd kill McMurphy.
Is any of that true?
You calling me a liar?
Mark...
yes, as a matter of fact,
I am calling you a liar.
Ellenor, you got another way
to tell my story?
You don't have a story.
The jury is not gonna believe
a word he says.
The jury's gonna believe
that he is a scary dude.
They're gonna believe I would do
whatever he told me to do.
They're gonna prosecute you
for perjury.
First, I ain't lying.
Second, I'm serving three
consecutive life terms.
I'm not real worried
about perjury.
Ellenor, think about it.
If he testifies,
then I don't have to.
Ray--
That's the beauty of it.
In my other trials,
you said it was iffy
if I testify.
You said it was bad for the jury
to hear about my priors.
Yes, but--
Now I got another prior--
the robbery.
If I testify, Lowe
gets to cross-examine me,
my priors come in.
I can't let you
obstruct justice.
You said juries convict
guys based on priors.
Right now, they don't
even know what I'm in for.
And Lowe can't tell
'em unless I testify.
Having Harris tell my story
is great. Admit it.
It's not a question
of strategy, Ray.
The law says you can't do it.
If it's not true!
And you don't know
if it is or it isn't.
So, no pain,
no loss of appetite?
No. Nothing.
He's had trouble sleeping.
I've been fine.
I know this may not be easy
for you.
Talking it out
can relieve stress.
It can speed
the closure process.
It can help us heal.
Oh, for God's sakes.
Bobby, you agreed to talk
to him, so just--
You know what, ma'am?
It might be better--
Could I speak with
Mr. Donnell alone?
Would that be okay?
Okay.
I'll let the two of you talk.
(door closes)
The people who love us most
want to help,
but their concern can
overwhelm.
Mr....
Wellisch. If you like,
call me Lenny.
Thanks, Lenny.
I got work to do.
Could you get the hell
out of here?
This wasn't your fault.
What?
The man who beat you
was crazy.
You couldn't have prevented it.
You couldn't even see it coming,
could you?
No.
Of course not.
There were no signs.
Do you blame the prison?
Look, I'm not blaming anybody,
and I really am busy here, so...
(sighs) Mr. Donnell, frankly,
my observation is that
you're in good shape.
Let me leave you my card
in case you want to talk more,
and let me just get you
to sign this.
What is it?
Part of the law says
you need to read it.
It says that you've been
contacted by us
and that you're okay.
Wait a second.
This releases the state
from any lawsuits.
W-Well, that's just
one part of the form.
That's why you're here?!
Not to check on me, but to cover
the Commonwealth's ass?!
EUGENE: Easy, Bobby.
What are you doing?
LINDSAY: What is
the matter with you?
He's from the State Attorney
General's office.
He's looking for a release
so I won't sue.
What?
Rebecca, I want cases--
state liability on
failure to protect,
failure to keep from harm,
failure to maintain workspaces.
Bobby, hold on.
They intentionally failed
to protect me.
That's why the state sent him.
They were at least
grossly negligent.
We don't have to file--
They're to blame for this!
The state knows how dangerous
these inmates are.
Where the hell were the guards?!
You need to calm down.
Either help me with this
or leave me alone!
(door closes)
I knew Baumann on the outside.
He was a dealer and a banger.
He dealt in prison, too.
I bought from him.
One time, he shorted me
on a balloon of coke.
That was him
disrespecting me.
He had to pay for that.
Why didn't you kill him
yourself?
It ain't easy getting a guy
who knows you're coming.
He was a big boy.
He got respect for size.
I told you I didn't want
to do it, right?
I didn't give you no choice.
It was you or him.
One of you had to go.
Either way, the word was out.
You punk me, you die.
Thank you.
I don't have anything else.
When did you and the defendant
come up with this story?
It's the truth.
Was it yesterday when
the two of you were bused in
from state prison
for your court proceedings?
I knew Baumann on the outside.
He was a dealer and a banger.
You've been convicted of rape,
robbery, perjury, murder.
Three murders.
And you're about to be sentenced
in another courtroom
for your fourth.
I'm a bad man.
You're a convicted liar,
sentenced to life
with no chance of parole.
Okay.
So when the defendant
asked you to lie for him,
you had nothing to lose.
Another conviction for perjury
or murder, doesn't matter.
Object, argumentative.
He's okay.
What are you talking about?
You lie for him,
there's no downside.
There's an upside.
What's that?
He owes you.
He's an ally.
That's key in prison,
especially for a guy with
as many enemies as you've got.
I got no idea what you mean.
I move to strike
his whole testimony
as blatantly unreliable.
That's a jury call.
Then I move to preclude
the jury
from being instructed
on the necessity defense.
Miss Frutt, your response?
My response?
I thought I couldn't--
Standby counsel may argue
outside the presence
of the jury--
I am ordering you
to do so now.
Black letter law.
He can't be convicted if he
killed out of necessity.
Mr. Harris said he
told my client,
"Kill Baumann or be killed."
Necessity is a defense
to murder
in the Commonwealth
of Massachusetts.
But to raise it, the danger
of death has to be immediate.
Baumann was asleep.
Harris wasn't even housed
in the same cellblock.
The Supreme Court says
prisoners may raise it--
ALAN: Oh, come on, Ellenor.
You yourself admitted
the man has no defense.
It's a lie.
As the court has repeatedly
pointed out,
this is my client's defense,
not mine.
That's no excuse.
You're helping him
to obstruct justice.
I am doing exactly as I was
directed by the court.
The man didn't even testify
he acted out of necessity.
He doesn't need to testify.
The witness established
a factual basis.
Mr. Lowe, I understand
you're unhappy,
but I cannot strike down
the man's defense.
Why not just tell the jury
to acquit?
You know what?
Mr. McMurphy manages
to conduct himself
with more professionalism
and show this court more respect
than you appear capable of.
You might follow his example.
We'll bring down the jury and
proceed to closing arguments.
Two men were locked
in an eight-by-ten-foot cell.
The defendant waited
for the victim to fall asleep,
then he stood up,
and stabbed the sleeping man
over and over and over again
until he died.
His prints were on the weapon.
He confessed to the crime.
The defense story--
the one that he cooked up
with his friend--
is a lie.
If it were true,
why didn't he tell
the deputy warden about it
on the day he confessed?
He never said anything
at that time
about his life being threatened.
The defendant is suddenly
hatching this necessity defense
because he has nothing else.
He's desperate.
Blood, prints,
motive, confession.
He's desperate.
Being in court and having you
people listen to me
has been one of the best
things in my life.
That sounds weird, right?
I'm on trial for murder.
But in my life,
nobody ever listened to me.
I'm not smart like Mr. Lowe.
I wasn't good at school.
I made a lot
of stupid decisions,
and I paid for every one
of them.
Being in prison
is the worst thing
in the world.
Unless you've been there,
you don't know.
You lock men up,
they become animals.
I seen guys do things
to each other,
kill each other for nothing.
When Harris told me,
"Kill Baumann or be killed,"
I knew it was real.
I could see myself
lying in the shower
or in the exercise yard,
blood coming out of me.
I knew it was me or Baumann.
Why didn't I tell all this to
the warden before?
Because I was still in prison,
and I still
could have been killed.
I am sorry for killing
Mr. Baumann.
I had to do it.
I had no choice.
If I hadn't killed Mr. Baumann,
that man, Harris...
...would've killed me.
Mr. Lowe calls me desperate.
I am.
Desperate now...
...like I was desperate then.
Here are the cases you wanted.
Thanks.
She cares about you, Bobby.
She's worried about you.
We all are.
We don't know what
to do to help you.
Thanks for the cases.
Bobby, you attacked a man,
physically threw him
out of the office.
You're always there to help
everybody in the firm.
But for you, Bobby,
you're selfish.
It's selfish to never
let us help you.
Now you're wearing it.
The trial's over.
Nothing left but the verdict,
so I figured why not.
What'd you do to your hair?
I gave myself a little trim.
Figured if I'm gonna look good,
I should look good.
How'd you get the haircut?
Judge's chambers.
Scissors.
Old habit-- you see a potential
weapon, you just grab it.
You seem depressed.
What's wrong?
I wasn't kidding
when I said that trial
was the best thing
in my life, Ellenor.
I felt like a citizen
in there.
And now it's over?
Now it's over.
Baumann was real popular.
If I go back to prison,
I will be killed.
That's why I was so desperate
to have the trial now,
even if I had to
represent myself.
A court holding cell,
I survive.
Prison, I don't.
Well, I could try to get you
into protective custody.
No. I am not
going back.
Ray, even if you win here,
you still have the remaining
sentence on the robbery.
Ellenor, I am not going back.
Where's the guard?
Oh, my God!
Ray!
Judge Mantz should be careful
about his scissors.
Ellenor, I have
the guard's gun.
If you make a noise,
I will have to kill you.
You will never
get out of here.
Court security faces
the entrances, not the exits.
They don't check guys
as they're leaving...
Especially not guys
looking like this.
(elevator dings)
(sniffs, exhales)
It's been a long time.
Thanks for walking me out,
Ellenor.
Not that you had a choice.
Ask the jury what they
thought of my closing.
Maybe they have some
suggestions for next time.
(engine turns over)
What?
Oh, my God.
Uh, despite the absence
of the defendant,
the law requires taking
the verdict in open court.
Mr. Foreman, to the charge
of murder in the first degree,
how say you?
Your Honor, we find
the defendant, Raymond McMurphy,
not guilty.
To the charge of murder
in the second degree,
we find the defendant,
Raymond McMurphy...
...not guilty.
MANTZ: It is my practice--
I usually thank the jury
for its service
on behalf of the parties...
the defendant...
but at this point...
I think we're done.
(gavel bangs)
...considered armed,
extremely dangerous,
and obviously resourceful.
Meanwhile, questions remain
as to how a prisoner could so
easily escape detection,
especially since security has
recently been heightened.
Incredible. The man
actually walked out.
(sighs)
Listen, if you want,
I'll help you draft that
complaint for the lawsuit.
Thanks.
I did some research,
and the law's not bad for us.
And a lawsuit could make them
provide more protection
for other lawyers.
Nobody should--
There isn't going to be
any lawsuit.
Not now anyway.
Oh.
I can always file one later...
or not.
The statute of limitations
doesn't run out for a year.
Okay.
I don't know if I can do
this anymore.
Bobby...
Lindsay, that day in the cell
right before
I passed out, I knew,
without a shadow of doubt,
that I was gonna die.
And I would never see
our son again...
...that I would never
see you again.
I can't stop being
a lawyer, Lindsay.
But I'm scared.
And I don't know
what to do about that.
I do.
BOBBY: Next, on The Practice:
It was long before
I became the "esteemed
Chief Judge Fleming,"
winner of the State Bar
Association's Lifetime
Acievement Award.
We have reason to believe
His Honor has been
accepting bribes.
Have you approached any
of the attorneys in those cases,
spoken with anyone upstairs?
We prefer, in these matters,
to handle this through a sting.
We create a case, and then
we assign it to an attorney
who we think might be involved.
You think I'm somehow
in on this?
You have a very
impressive track record
in front
of Judge Fleming.
Get out of my office!
(music playing)
You stinker!
on The Practice:
If he takes me out, I don't
want you to let him walk.
If I'm dead, you let
someone know what happened.
Russell said if anything
happened to him,
tell the police
about Derek Grant.
The client told you what
happened in confidence.
It won't matter
if he's dead!
There's a man
named Derek Grant.
We're asking you
to question the guy.
Derek Grant was shot
to death two nights ago
on the corner
of 128 and Linden.
You ordered me to tell
the police!
If I was dead!
I thought you were dead!
Russell Hampton,
you're under arrest
for the murder of Derek Grant.
You have the right
to remain silent.
When this started, all they
had was a dime bag of crack.
They couldn't charge you
with murder
if you didn't keep
killing people!
You gave me up!
(yells)
(grunting)
(door bangs open)
Get in there!
Go! Get him out!
Gotta get him out.
Aah!
You should get some rest.
I'm fine.
You guys
don't need to worry.
Your cellmate, dead.
Your fingerprints
on the knife.
Your confession
to the murder.
We don't win this one, Ray.
This is a case we plead to.
Go over it again.
This is getting
really boring.
Not to me.
I love court days.
Beats watching TV.
Food's better than
state prison.
I can hit on you.
Guard!
No! No, don't
call the guards.
I know about the guards.
Don't screw around
with me, Ray.
I didn't tell you before
'cause I was scared you
wouldn't believe me.
The guards set up fights
between the inmates
and bet on 'em.
They wanted me
to fight Baumann.
But before I could tell
anyone, they killed him.
Are you saying
they framed you?
You don't rat out
the guards and live.
But I got no choice.
I can't do more prison time.
If you're saying
you have a defense,
I need to know.
Is this true?
No. But I sure as hell
had you going.
You're an idiot.
Come on, it's a winner!
We can get a jury to buy it.
We've done it before.
When we had a defense, Ray.
Look... if I can get
a plea deal to ten years
on top
of your current sentence--
Ten?
Plus three
on my robbery charge?
I can't do 13 years.
I was serious about that.
I can't do
the time I got left.
Ray, when you get convicted
this time,
it's mandatory life.
So you either let me
make a deal,
or you'll have to start
getting used to the idea
that you are going to die
in prison.
It's your choice.
(music playing)
There's nothing
you can challenge?
His confession was voluntary
and vividly incriminating.
And you can forget
self-defense.
He admitted the victim was
asleep when he stabbed him.
Why did he do it?
He won't tell me.
How many times you've
represented this guy?
Well, this makes four.
And to be honest,
I've always liked the guy,
but since he's been in prison...
I don't know.
After a while,
it drives them all crazy.
He's agreed to let me try
and plead it.
Good morning?
What the hell are you
doing here?
I told you
he'd come back too fast.
Hello to you, too, everyone.
It's good to be back.
Hey, Bobby, you look...
...bad.
LUCY: Nice, Jimmy.
Why don't you drop
the macho crap and go home?
Lucy, get me
the Cheswick file.
When Eugene gets in,
tell him we need
to go over the finances.
No deal.
My case is way too strong.
Can't you just once be
reasonable?
If he pleads,
he will serve 13 years
before he's even
considered for parole.
He committed
coldblooded murder!
He ought to stay in prison
for life.
Plus, it's only
a one-day trial.
Ellenor, don't beg this guy.
You got a real stick
up your ass.
Shut up, Ray!
You know why I bet you suck?
Because people hate
arrogant.
Now, me-- juries love me.
That last jury loved you.
I pled to the robbery charge.
I had no choice.
They had me on videotape.
I've never been convicted
by a jury.
We can beat this chump.
No, we can't.
(door closes)
(typing)
(sighs)
Collections are down.
Welcome to the recession.
Clients are hurting.
Some firms in town are taking
50 cents on the dollar.
I can't afford
to be out anymore.
Anybody out there need
my help?
Ellenor's got a trial
that's gonna plead.
Everybody else is covered.
What's your schedule?
Don't you start now.
For now,
you shouldn't be taking
any criminal cases, Bobby.
Excuse me?
Before you go back into
a cell with another client,
we think it would be best
for you to get your legs back.
"We think"?
Bobby--
Wait a second.
You and Lindsay got together
and decided
how I should practice law?
No. The whole firm
decided this.
Well, do me a favor.
Next time my firm plans on
discussing my career,
let me know.
I'd like to be there.
Give him time.
He won't give himself time.
He won't even talk
about what happened.
You know, your husband's
not real big
on sharing his feelings.
Oh.
Or hadn't you noticed?
I noticed that he feels
like we're attacking him.
He probably does.
Right now, he's something
he never wanted to be:
A victim.
It's not easy
for him to deal with.
You know that.
When I defended him before,
he listened to me.
Now he won't take my advice
or help me develop
a usable defense.
I can't, in good conscience,
continue to be his lawyer.
This is a ploy to get
a continuance.
Mr. Lowe knows
I have a real conflict.
I know your client
doesn't have a defense.
I don't care what you know.
I care about Mr. McMurphy.
He's the one facing trial.
Sir, are you and Ms. Frutt
having problems?
Thank you for asking,
Your Honor.
Sorry. I get nervous.
That's all right, son.
Take your time.
It's just that...
she wants me to plead guilty,
and I want my day in court.
Are you pressuring him
to plead?
Frankly, yes.
As his lawyer, I have a duty
to stop him from pursuing
a trial he can't win.
But that's his choice,
not yours.
If he wants a trial,
he gets a trial.
Not with me as his lawyer.
We have a conflict.
Let him get new counsel.
We're ready today.
Bringing in a new lawyer
will delay the case
for months, maybe a year.
No!
I don't want to go
back upstate right now.
I want a trial today.
I'll be my own lawyer.
I'll defend myself.
That is a bad idea.
That's also a ploy.
After he's convicted,
he'll appeal
and say that we violated
his right to counsel.
I'll waive that appeal.
And later say that
the waiver was unknowing.
No! I can have Ms. Frutt
advise me.
Then I'll waive it,
which means
it will be knowing.
Sir, I advise you
not to represent yourself.
If you choose--
But...
...I have a right to.
Don't I?
I choose to exercise
that right.
May I have one second,
Your Honor?
What are you doing?
I wanna go to trial now,
with or without you.
Ray, you may be nuts,
but you are not crazy.
Which means my wish
should be respected.
You will be convicted!
Ellenor... no, I won't.
He wants to represent
himself, Your Honor.
Fine. But he'll do so
with hybrid representation.
Ms. Frutt, I'm ordering you
to assist him
as standby counsel.
What?
The law says
he can do it pro se,
but I'm allowed
to protect him.
Let him get somebody else.
No. I have you.
Mr. McMurphy, once again,
I must warn you
that defending yourself
is a very serious step.
Are you sure
it's one you want to take?
Yes.
I-I've been through
enough trials
to know how they work.
I can do this... with help.
I object to being forced
to help a man convict himself.
I think what you
object to, Ms. Frutt,
is the client taking
control of his case,
but that's his right.
He's the one in charge, not you.
Therefore, you will serve
as standby counsel,
and Mr. McMurphy will have
his day in court.
See you at 11:00.
(gavel bangs)
LUCY: So he's defending himself?
Not my idea.
You still
have to be there?
Yes. He wants copies
of the local rules,
a textbook on criminal
procedures,
and the evidence code.
And you have to hurry.
It starts in two hours.
So you're second chair
to him?
Lucy, hurry!
If you don't wear it,
you will look guilty.
Ellenor, they're gonna know
I'm in prison
when they hear
where I killed him.
Me wearing that
will just look phony.
Now, can we talk
about the trial?
Go ahead.
You're in charge.
That judge seems like
a liberal.
He is, particularly
at sentencing,
which is why
you should plead.
A conviction takes away
his discretion.
But if I waive jury
and have him decide it,
will he acquit me?
No.
You're better off
with a jury.
You still say frame-up
and self-defense are out?
Completely.
What other defenses
do we have?
Listen, Ray,
even as your backup counsel,
I can't let you just--
But as my advisor,
you at least have to tell me
what my options are.
Alibi--
you were somewhere else,
which won't work,
because you were locked
in a cell.
Go on.
Insanity--
the prison shrink
says you're not.
Necessity-- not applicable
on these facts.
Jury nullification--
it's illegal to even--
Uh, go back.
What's a necessity defense?
It doesn't work--
Just tell me what is!!
You killed him because
somebody forced you to.
That's my defense.
No, it's not, Ray.
Nobody forced you to--
Ellenor, you know how
you survive in prison?
You grab opportunities.
Now get me some cases
on necessity.
Trial on the defendant's
assault charge
was to begin last week,
but Mr. Donnell
was in the hospital
as the result
of another case.
Third continuance,
Mr. Donnell--
When will you be
back in the saddle?
I'm back now, Judge.
Well, then, you're in luck.
We had a case plead out.
We can take you today.
Today?
Can I have a moment
with my client?
Sure.
What do you want to do?
Get it over with.
Well, we don't
have to go today.
Under the law,
you're entitled to more time.
Do I want more time?
It never hurts.
It gives us a chance to...
...keep investigating
your defense.
Judge Bournes,
may I be heard?
I've just realized I have
a scheduling conflict.
A later date
would be better for me.
How about, uh...
June 6th?
Okay with your client,
Mr. Donnell?
Yes, that would be fine.
See you in June.
We're adjourned.
Bobby, we need to talk.
Yeah... later.
You take care of yourself.
Ladies and gentlemen
of the jury,
Mr. McMurphy
will be acting pro se--
that is, as his own attorney.
The law requires him
to comply
with all evidentiary
and court rules.
Ms. Frutt will be assisting
him as standby counsel.
Now, certainly, Mr. McMurphy
has little or no experience
in trying cases.
You are to draw no inferences
or conclusions
as to the merits of the case
based on his performance
as a litigator.
MAN: We roll the cell
doors open at 5:00 a. m.
for the day's first count.
McMurphy walked out.
Baumann didn't.
What did you do?
Checked the cell.
Baumann was dead
in his bunk,
the shiv still sticking
out of his chest.
Where was Mr. McMurphy?
Toeing the line
in front of the cell.
There was blood
on his shirt.
Could you tell if there'd been
a fight in the cell?
Object--
lacks sufficient foundation.
Object!
Something... foundation.
The objection is sustained.
Was anything broken?
Were there things
strewn around?
It didn't look like a fight
had taken place, no.
Thank you.
Nothing further.
He got to say it anyway.
Good witnesses know how.
Be careful.
Saunders.
McMurphy.
First thing you did,
you took me to
the deputy warden's office,
and I told you
I had to kill him.
Objection!
Lacks foundation.
Mr. McMurphy
is not the witness here.
Sustained.
The jury will disregard.
You hate my guts, right?
I hate killers.
Objection!
Sit down, Ms. Frutt.
You hated me because
I wouldn't kiss your ass.
You're a killer and a liar!
That's enough!
The jury will disregard.
I have nothing else
to ask this man.
Did you ever suspect
anyone but the defendant
of this murder?
No.
Object to that.
Shh! I want to hear this.
Why didn't you suspect
anyone else?
It's a two-man cell.
They were locked in overnight.
Plus, McMurphy hated Baumann.
Everyone knew it.
That's a lie!
Your Honor--
Sit down!
Other people hated Baumann!
Mr. McMurphy hated him
the most.
I don't know why.
I just know he did.
Nice job, Ray.
You know, if you're sitting
next to me,
you gotta look like
you're supporting me.
I am trying to, but--
No, you're arguing,
and the jury sees it.
I am telling you
when to object, Ray.
I am trying to help.
So... how'd that go?
Terrible.
In addition to time
and opportunity,
he testified that
you didn't like the victim.
You did establish
that the witness hates you.
So in your closing,
you'll want to remember that
and argue the bias.
Now, for the warden
who is up next,
here's a quick lesson
in hearsay--
I know what hearsay is.
Well, make sure you object.
You probably
won't shut it down,
but you need to preserve
the objection for appeal.
Because his testimony
is going to kill you.
As the deputy warden,
I was in charge of
the initial investigation.
On the day of the murder,
you spoke with the defendant?
Yes.
And what, if anything,
did he say?
Objection-- hearsay.
It's admissible
hearsay as a declaration
against interests,
an admission
by party opponents.
Overruled.
He said he stabbed Baumann
a couple of hours
after lights out.
Recognize this?
Yes. It's the murder weapon.
It's a toothbrush,
filed down. Very common.
You checked it for prints?
Yes. Mr. McMurphy said
we'd find his on it.
And we did.
Did he say why he did it?
No.
Did he say what, if anything,
Mr. Baumann was doing
at the time he stabbed him?
He said Baumann was sleeping.
Thank you.
When I talked to you
back in your office,
I looked real scared.
I was shaking, crying--
Objection--
lacks foundation.
Calls for hearsay.
You used hearsay.
Mr. McMurphy is not
the witness.
Shaking and crying
are both nonverbal,
self-serving statements
which are
inadmissible hearsay.
Objection sustained.
So I'm not allowed to say
what happened?
You're not
the witness here, sir.
The objection is sustained.
(sighs)
Every question that he asks
helps my case.
He's still in his jumpsuit,
for God's sake.
He might as well wear a sign
that says "convict me."
I'm just saying be careful.
Of what?
Well, I think the guy's
smarter than
you give him credit for.
What am I missing?
Look...
The guy may have no defense,
but the jury
might be seeing that
as a function of no one
defending him.
I introduced his confession.
The jury sees
there's no defense.
What the jury sees
is you beating up
a defenseless guy
who doesn't know the law.
Don't let him be an underdog
in there, Alan.
Remind the jury
that this guy would rip out
their hearts if he could.
And ease off the objecting.
Let him win
a few procedural points.
You really think
I'm in a fight here?
From what I saw, yes.
Look, there's no such thing
as a laydown.
This office has lost cases
to pro se defendants.
My advice-- be careful.
Are you going to testify?
I haven't decided yet.
Well, if you don't testify,
how do you intend to prove
that you acted
out of necessity?
Look, if I think
this defense is a lie,
I have to tell the judge.
You don't know
it is a lie.
Don't treat me
like an idiot, Ray.
Look, I'm trying the case.
I don't have to
tell you anything.
You want to be helpful?
Get me this guy.
He's being sentenced
downstairs.
We know each other.
He'll testify for me.
Why are you doing this?
Trial prep's real important.
You know what I mean.
You used to trust me, Ray.
When I said,
"plead," you did.
We only fought the ones
that we could win.
Did I let you down?
What's changed?
(sighs)
It's not you.
More time in prison would be
a death sentence for me.
Then why did you kill him?
If...
...I told you
I killed him over cigarettes
because he stole
my last damn pack,
you wouldn't believe me.
Guys in prison
get killed over less.
Guys get killed for looking
at somebody wrong.
I can't take it anymore.
The longer this trial lasts,
the less time I got
to be in prison.
Even if it's just for a day,
that's enough.
You killed him
over cigarettes?
I said... "if."
(creaking)
Cheswick's down
in the last one.
Are you all right?
Just tell him--
tell him I got paged.
I-I got a...
I'll check with him later.
(door opens)
Hello.
Is Bobby Donnell in?
You are?
Leonard Welish.
I'm with the state's
outreach program.
We're funded by the state
legislature.
We help crime victims.
Well, "victim" is not
a word he likes to hear.
Anyway, he's already given his
statement to the DA.
I'm not a lawyer, ma'am.
I'm here just to make sure
that he's okay.
This is your defense?
He's telling you what
happened.
I hated Baumann.
Baumann screwed me
on a drug deal.
I told McMurphy,
kill Baumann or
I'd kill McMurphy.
Is any of that true?
You calling me a liar?
Mark...
yes, as a matter of fact,
I am calling you a liar.
Ellenor, you got another way
to tell my story?
You don't have a story.
The jury is not gonna believe
a word he says.
The jury's gonna believe
that he is a scary dude.
They're gonna believe I would do
whatever he told me to do.
They're gonna prosecute you
for perjury.
First, I ain't lying.
Second, I'm serving three
consecutive life terms.
I'm not real worried
about perjury.
Ellenor, think about it.
If he testifies,
then I don't have to.
Ray--
That's the beauty of it.
In my other trials,
you said it was iffy
if I testify.
You said it was bad for the jury
to hear about my priors.
Yes, but--
Now I got another prior--
the robbery.
If I testify, Lowe
gets to cross-examine me,
my priors come in.
I can't let you
obstruct justice.
You said juries convict
guys based on priors.
Right now, they don't
even know what I'm in for.
And Lowe can't tell
'em unless I testify.
Having Harris tell my story
is great. Admit it.
It's not a question
of strategy, Ray.
The law says you can't do it.
If it's not true!
And you don't know
if it is or it isn't.
So, no pain,
no loss of appetite?
No. Nothing.
He's had trouble sleeping.
I've been fine.
I know this may not be easy
for you.
Talking it out
can relieve stress.
It can speed
the closure process.
It can help us heal.
Oh, for God's sakes.
Bobby, you agreed to talk
to him, so just--
You know what, ma'am?
It might be better--
Could I speak with
Mr. Donnell alone?
Would that be okay?
Okay.
I'll let the two of you talk.
(door closes)
The people who love us most
want to help,
but their concern can
overwhelm.
Mr....
Wellisch. If you like,
call me Lenny.
Thanks, Lenny.
I got work to do.
Could you get the hell
out of here?
This wasn't your fault.
What?
The man who beat you
was crazy.
You couldn't have prevented it.
You couldn't even see it coming,
could you?
No.
Of course not.
There were no signs.
Do you blame the prison?
Look, I'm not blaming anybody,
and I really am busy here, so...
(sighs) Mr. Donnell, frankly,
my observation is that
you're in good shape.
Let me leave you my card
in case you want to talk more,
and let me just get you
to sign this.
What is it?
Part of the law says
you need to read it.
It says that you've been
contacted by us
and that you're okay.
Wait a second.
This releases the state
from any lawsuits.
W-Well, that's just
one part of the form.
That's why you're here?!
Not to check on me, but to cover
the Commonwealth's ass?!
EUGENE: Easy, Bobby.
What are you doing?
LINDSAY: What is
the matter with you?
He's from the State Attorney
General's office.
He's looking for a release
so I won't sue.
What?
Rebecca, I want cases--
state liability on
failure to protect,
failure to keep from harm,
failure to maintain workspaces.
Bobby, hold on.
They intentionally failed
to protect me.
That's why the state sent him.
They were at least
grossly negligent.
We don't have to file--
They're to blame for this!
The state knows how dangerous
these inmates are.
Where the hell were the guards?!
You need to calm down.
Either help me with this
or leave me alone!
(door closes)
I knew Baumann on the outside.
He was a dealer and a banger.
He dealt in prison, too.
I bought from him.
One time, he shorted me
on a balloon of coke.
That was him
disrespecting me.
He had to pay for that.
Why didn't you kill him
yourself?
It ain't easy getting a guy
who knows you're coming.
He was a big boy.
He got respect for size.
I told you I didn't want
to do it, right?
I didn't give you no choice.
It was you or him.
One of you had to go.
Either way, the word was out.
You punk me, you die.
Thank you.
I don't have anything else.
When did you and the defendant
come up with this story?
It's the truth.
Was it yesterday when
the two of you were bused in
from state prison
for your court proceedings?
I knew Baumann on the outside.
He was a dealer and a banger.
You've been convicted of rape,
robbery, perjury, murder.
Three murders.
And you're about to be sentenced
in another courtroom
for your fourth.
I'm a bad man.
You're a convicted liar,
sentenced to life
with no chance of parole.
Okay.
So when the defendant
asked you to lie for him,
you had nothing to lose.
Another conviction for perjury
or murder, doesn't matter.
Object, argumentative.
He's okay.
What are you talking about?
You lie for him,
there's no downside.
There's an upside.
What's that?
He owes you.
He's an ally.
That's key in prison,
especially for a guy with
as many enemies as you've got.
I got no idea what you mean.
I move to strike
his whole testimony
as blatantly unreliable.
That's a jury call.
Then I move to preclude
the jury
from being instructed
on the necessity defense.
Miss Frutt, your response?
My response?
I thought I couldn't--
Standby counsel may argue
outside the presence
of the jury--
I am ordering you
to do so now.
Black letter law.
He can't be convicted if he
killed out of necessity.
Mr. Harris said he
told my client,
"Kill Baumann or be killed."
Necessity is a defense
to murder
in the Commonwealth
of Massachusetts.
But to raise it, the danger
of death has to be immediate.
Baumann was asleep.
Harris wasn't even housed
in the same cellblock.
The Supreme Court says
prisoners may raise it--
ALAN: Oh, come on, Ellenor.
You yourself admitted
the man has no defense.
It's a lie.
As the court has repeatedly
pointed out,
this is my client's defense,
not mine.
That's no excuse.
You're helping him
to obstruct justice.
I am doing exactly as I was
directed by the court.
The man didn't even testify
he acted out of necessity.
He doesn't need to testify.
The witness established
a factual basis.
Mr. Lowe, I understand
you're unhappy,
but I cannot strike down
the man's defense.
Why not just tell the jury
to acquit?
You know what?
Mr. McMurphy manages
to conduct himself
with more professionalism
and show this court more respect
than you appear capable of.
You might follow his example.
We'll bring down the jury and
proceed to closing arguments.
Two men were locked
in an eight-by-ten-foot cell.
The defendant waited
for the victim to fall asleep,
then he stood up,
and stabbed the sleeping man
over and over and over again
until he died.
His prints were on the weapon.
He confessed to the crime.
The defense story--
the one that he cooked up
with his friend--
is a lie.
If it were true,
why didn't he tell
the deputy warden about it
on the day he confessed?
He never said anything
at that time
about his life being threatened.
The defendant is suddenly
hatching this necessity defense
because he has nothing else.
He's desperate.
Blood, prints,
motive, confession.
He's desperate.
Being in court and having you
people listen to me
has been one of the best
things in my life.
That sounds weird, right?
I'm on trial for murder.
But in my life,
nobody ever listened to me.
I'm not smart like Mr. Lowe.
I wasn't good at school.
I made a lot
of stupid decisions,
and I paid for every one
of them.
Being in prison
is the worst thing
in the world.
Unless you've been there,
you don't know.
You lock men up,
they become animals.
I seen guys do things
to each other,
kill each other for nothing.
When Harris told me,
"Kill Baumann or be killed,"
I knew it was real.
I could see myself
lying in the shower
or in the exercise yard,
blood coming out of me.
I knew it was me or Baumann.
Why didn't I tell all this to
the warden before?
Because I was still in prison,
and I still
could have been killed.
I am sorry for killing
Mr. Baumann.
I had to do it.
I had no choice.
If I hadn't killed Mr. Baumann,
that man, Harris...
...would've killed me.
Mr. Lowe calls me desperate.
I am.
Desperate now...
...like I was desperate then.
Here are the cases you wanted.
Thanks.
She cares about you, Bobby.
She's worried about you.
We all are.
We don't know what
to do to help you.
Thanks for the cases.
Bobby, you attacked a man,
physically threw him
out of the office.
You're always there to help
everybody in the firm.
But for you, Bobby,
you're selfish.
It's selfish to never
let us help you.
Now you're wearing it.
The trial's over.
Nothing left but the verdict,
so I figured why not.
What'd you do to your hair?
I gave myself a little trim.
Figured if I'm gonna look good,
I should look good.
How'd you get the haircut?
Judge's chambers.
Scissors.
Old habit-- you see a potential
weapon, you just grab it.
You seem depressed.
What's wrong?
I wasn't kidding
when I said that trial
was the best thing
in my life, Ellenor.
I felt like a citizen
in there.
And now it's over?
Now it's over.
Baumann was real popular.
If I go back to prison,
I will be killed.
That's why I was so desperate
to have the trial now,
even if I had to
represent myself.
A court holding cell,
I survive.
Prison, I don't.
Well, I could try to get you
into protective custody.
No. I am not
going back.
Ray, even if you win here,
you still have the remaining
sentence on the robbery.
Ellenor, I am not going back.
Where's the guard?
Oh, my God!
Ray!
Judge Mantz should be careful
about his scissors.
Ellenor, I have
the guard's gun.
If you make a noise,
I will have to kill you.
You will never
get out of here.
Court security faces
the entrances, not the exits.
They don't check guys
as they're leaving...
Especially not guys
looking like this.
(elevator dings)
(sniffs, exhales)
It's been a long time.
Thanks for walking me out,
Ellenor.
Not that you had a choice.
Ask the jury what they
thought of my closing.
Maybe they have some
suggestions for next time.
(engine turns over)
What?
Oh, my God.
Uh, despite the absence
of the defendant,
the law requires taking
the verdict in open court.
Mr. Foreman, to the charge
of murder in the first degree,
how say you?
Your Honor, we find
the defendant, Raymond McMurphy,
not guilty.
To the charge of murder
in the second degree,
we find the defendant,
Raymond McMurphy...
...not guilty.
MANTZ: It is my practice--
I usually thank the jury
for its service
on behalf of the parties...
the defendant...
but at this point...
I think we're done.
(gavel bangs)
...considered armed,
extremely dangerous,
and obviously resourceful.
Meanwhile, questions remain
as to how a prisoner could so
easily escape detection,
especially since security has
recently been heightened.
Incredible. The man
actually walked out.
(sighs)
Listen, if you want,
I'll help you draft that
complaint for the lawsuit.
Thanks.
I did some research,
and the law's not bad for us.
And a lawsuit could make them
provide more protection
for other lawyers.
Nobody should--
There isn't going to be
any lawsuit.
Not now anyway.
Oh.
I can always file one later...
or not.
The statute of limitations
doesn't run out for a year.
Okay.
I don't know if I can do
this anymore.
Bobby...
Lindsay, that day in the cell
right before
I passed out, I knew,
without a shadow of doubt,
that I was gonna die.
And I would never see
our son again...
...that I would never
see you again.
I can't stop being
a lawyer, Lindsay.
But I'm scared.
And I don't know
what to do about that.
I do.
BOBBY: Next, on The Practice:
It was long before
I became the "esteemed
Chief Judge Fleming,"
winner of the State Bar
Association's Lifetime
Acievement Award.
We have reason to believe
His Honor has been
accepting bribes.
Have you approached any
of the attorneys in those cases,
spoken with anyone upstairs?
We prefer, in these matters,
to handle this through a sting.
We create a case, and then
we assign it to an attorney
who we think might be involved.
You think I'm somehow
in on this?
You have a very
impressive track record
in front
of Judge Fleming.
Get out of my office!
(music playing)
You stinker!