The Practice (1997–2004): Season 6, Episode 16 - Manifest Necessity - full transcript
I'm not sure how I'll react
on the witness stand.
Patricia,
I know you can do it.
Mr. MacIntyre--
He was like an uncle to me.
This man killed your father.
I don't want to sound flip,
but that isn't much of an uncle.
You said that he was linked
to organized crime.
You said
that he's killed before.
And I've tried convicting
him once before,
so I'm taking a real personal
interest in this case.
But you have to remember,
the judge ruled MacIntyre's
priors inadmissible.
The jury can't hear
about his record.
Look, there's something else
we should discuss.
One of our witnesses--
the better of the two--
just left town.
Her mother's
in critical condition
after a car accident
in Florida.
Meaning?
Well, if we're unable
to get her back in time,
we'll be depending even more
on your testimony,
as well as the testimony of the
other witness, Charles Rossi.
Mr. Rossi--
"Charlie's" good enough.
Bobby Donnell.
Appreciate you coming in.
Please, sit down.
It's been a long day.
I'll get straight to it.
We've been trying to get a hold
of you for over two months.
Suddenly you call
out of the blue
and ask to see us right away.
What's going on?
I've never been asked to be
a witness in a trial,
so I didn't know what to do,
but the guy I fingered
for the murder--
he didn't do it.
What do you mean,
"didn't do it"?
He's not the guy.
Look, I originally picked him
out of a bunch of photographs,
and I was wrong.
And how did you come
to realize this?
Today's newspaper.
I saw MacIntyre's picture.
The guy that night--
he looked different.
Did you tell
the district attorney?
No. I wasn't sure where to go.
You are the ones representing
MacIntyre, right?
Mr. Rossi-- Charlie--
you testified
before the Grand Jury
that you saw our client leaving
the scene of the crime.
Now you're telling me
that you were mistaken.
What's to say you won't change
your testimony tomorrow
when you take the stand?
Mr. Donnell, this guy,
MacIntyre
didn't kill anyone here.
And I don't think
someone should go to jail
for something they didn't do.
What do you think?
I think we don't look
a gift horse in the mouth.
How about getting a statement?
Not on our client's life.
We'd be obligated
to tell the DA.
This is Michael MacIntyre's
lucky day.
(music playing)
We have been over this.
I want to take the stand.
You do that,
and your record could come in.
I don't care!
You should care.
You were tried once for killing
your former business partner,
and now you're on trial
for killing your current
business partner.
Even though you were acquitted,
there's a chance
the judge would let
the prosecution ask about it.
Jimmy's right.
We do not want to open the door
on prior bad acts
or pattern evidence.
Look, there is good news.
One of their witnesses,
a man named Charles Rossi,
came to our office last night
and told us
he misidentified you.
Thank God.
Don't get too excited.
The prosecution still has
another witness.
Well, didn't they just
lose half their case?
Michael, we need to ask.
Any idea why this witness
is backing off his ID?
You think I threatened him?
I'm sitting in prison.
As officers of the court,
we can't get involved
in any kind of conspiracy
to threaten a witness.
Look, I hung
with the wrong kind.
I made some big mistakes.
But I haven't been connected
to any of that in years.
Then why would he come to us
instead of the DA?
How do I know?!
I don't know!
For the last time,
I didn't threaten anyone!
Okay.
No, it's not okay.
I need to know that you're gonna
be there fighting for me.
Michael, you hired us
to do a job.
We'll do that job.
I just want to make sure that
you're comfortable with me.
Philly, what happened?
I was walking past
this jewelry store,
and I saw
the most beautiful watch.
I-I couldn't help myself.
You've never done anything
like this.
You scalp tickets.
You run poker games.
I know, I know, but the watch--
it was a Breitling Chrono.
Shiny gold plate, three dials,
the whole deal--
goes for two large.
And you thought you'd just waltz
out of the store with it?
The salesman was busy
with another customer.
I thought I could outrun him.
(coughs)
And what's with
the written statement?
The cops caught me
half a block away
with the watch in my pocket.
Philly, this just
doesn't make sense.
You're not a thief.
I know you.
I got desperate.
I needed the money bad,
so I did something stupid.
Grand larceny--
pretty stupid.
You may not get out of this
without some time.
How much time?
If we go to trial,
more than if we plead,
but I don't mean
just a couple of months
at a corrections house.
We could be talking years
at Walpole.
And at your age
and your condition--
I'll do all right.
You don't worry about me.
Philly, are you okay?
You don't look well.
I'm just-- I'm just scared,
that's all.
Don't worry.
I'll get to work on this.
As you can see, I'm a little
buried at the moment.
Just two minutes--
Philly Sidlow, grand larceny.
Right. Um, we need to talk.
Good, because there's no point
going to trial.
Philly's an older guy,
he's harmless,
all his priors are misdemeanor
ticket scalping.
Lindsay, hold on. Um...
The watch your client lifted--
(sighs) We lost it.
You lost it?
Somewhere between booking
and the evidence room,
it disappeared.
You know, quite frankly, I
would like to check the wrists
of every cop in Boston.
Then you got no case.
Don't tell me a jury
will convict without--
Wait. Lindsay,
your guy confessed.
And I'll argue that he was
suffering from early dementia
and didn't know
what he was confessing to.
Jean, come on.
You've lost the evidence,
and you obviously have
bigger fish to fry.
Please? Favor bank?
I'll owe you.
I'm serious.
All right. I'll plead it
to petty larceny, time served.
He walks now?
Yes, but you do owe me.
I'm serious.
CHARLIE: I was leaving
the school around 8:00.
I'm a custodian at John Adams.
I was walking down Holden
on my way to the bus,
when I saw this guy
coming out of the house.
Did you get
a good look at him?
Yeah, I did.
Do you see the man here
in the courtroom?
No.
Mr. Rossi, is the man you
identified for the police
and the District Attorney
present today in this courtroom?
The guy I identified is sitting
right over there,
but what I'm trying
to tell you is
that's not who I saw
running that night.
Mr. Rossi, did you
or did you not testify
in front of the Grand Jury one
month after Mr. Hayden's murder?
I did.
While in front
of the Grand Jury...
...were these
your truthful responses?
"Question-- 'Is this the man
you saw running
from Mr. Hayden's house?'
Answer-- 'Yes.'
Question-- 'Are you sure?'
Answer-- 'One hundred
percent sure.'"
Now, Mr. Rossi,
were those your responses?
Yes.
Do you remember sitting
in my office two days ago,
discussing this case?
Listen...
I saw Mr. MacIntyre's
photo in the newspaper
yesterday morning,
and he just isn't
who I saw that night.
That night you were five feet
from the suspect
on a well-lit street.
Now you are changing your mind
after seeing a black-and-white
newspaper photo?
Yes.
Did you discuss with anyone
your appearance here today?
I talked to my sister
and Mr. Donnell and Mr. Berluti.
You told defense counsel
but not the prosecution?
Their names were in the paper
along with MacIntyre.
I thought they should know.
Mr. Rossi, were you paid to
change your testimony today?
No.
Were you threatened
into doing so?
No. Why don't you understand?
You people have got
the wrong guy,
and I'm just trying to do
the right thing.
Your Honor, I have nothing
further for this witness.
People reserve
the right to recall.
Very well, then.
We'll reconvene in the morning.
(bangs gavel)
(sighs)
What the hell was that?
HELEN: How do I know?
Two days ago the guy was
completely on board,
but now he's either
confused or scared.
He was reached by MacIntyre,
damn it,
and you couldn't pull him back.
Yesterday we had two witnesses
who could make MacIntyre.
Today one's pissed back on us,
and the other one's in Florida,
for God's sake!
I want you to get
a material-witness warrant
and have the Florida sheriff
pick that woman up now.
I've already threatened her
with that.
She says if we follow through
she won't talk at all.
How bad is her mother?
Day-to-day.
Who knows?
Listen, I know you've
never fully recovered
from the earlier case
where MacIntyre--
Where's Rossi now?
We've still got him.
He's outside.
Get him in here.
They lost the watch?
Somebody at the police station
must have cuffed it.
Then, what-- I'm looking
at a couple of months?
Philly, they pled it down
to a misdemeanor.
You don't have to serve
any time.
But I copped to it.
I confessed.
You're not understanding me.
Once the plea is entered,
the case is over.
I was just--
(exhales) This-- this
threw me for a loop is all.
Here I was--
I was thinking "Walpole,"
and you gave me a second life.
I appreciate you
getting me kicked.
You dodged a bullet.
Stay away from this kind
of thing, okay?
Yeah, yeah.
What are you talking about?
Why would I need a lawyer?
Perjury carries a maximum
sentence of 20 years, Mr. Rossi.
What perjury?
I made a mistake, that's all.
We don't think so.
Are you going to arrest me?
'Cause if you're not,
I'm leaving.
Sit down.
I don't have to stay
if you're not gonna--
Sit down and shut up.
You think you're smarter
than me.
Prisons are full of guys
who thought
they were smarter than me.
I'm the chief prosecutor
for the DA,
and that means I have
the authority to do
whatever I want.
You just screwed me over
in this case,
and if MacIntyre walks
because of it,
I'm gonna take that
very personally.
And here's what'll happen--
first, I'll open
a grand jury investigation,
and I'll subpoena everyone
who hates your guts.
And when I'm through with them,
you will be indicted for perjury
and obstruction of justice.
Then I'm gonna convict
your ass
and personally recommend
the maximum sentence be doubled.
And off you'll go to the
toughest prison in the state,
where I'll see to it
that you're thrown
into the general population
for the length of your term.
Whatever weight you're feeling
from the other side,
it's nothing compared to
the load I'm going to bring.
Mr. Rossi...
Okay. Well...
Let me think about it.
You have seven hours.
If you need protection,
we'll give it to you.
And I'm sure you'll do--
how did you put it--
the right thing?
Yeah.
Can I go now?
Sure.
Hope this works.
It better.
How you doing?
I'm missing a three-hour
lecture on Chaucer.
The Wife of Bath's tale
is the best.
It's the bawdiest one.
You're gonna do great
up there.
I know it didn't go well
yesterday, but...
...I'm ready to testify,
Ms. Gamble.
I'm really ready.
I know.
Mr. MacIntyre was my dad's
business partner.
They owned three body shops
together for almost five years.
How would you characterize
their relationship?
It started off fine,
but just before my dad
was killed,
he told me that--
Objection-- hearsay.
Sustained.
Patricia, did you
ever overhear
the defendant
threaten your father?
Yes. Two days
before he was killed.
I came home early from school.
I went into the kitchen
through the back door.
My father and Mr. MacIntyre
were in the next room arguing.
Was it a violent fight?
Yes. There was a lot
of screaming.
I didn't hear everything,
but my father was accusing
Mr. MacIntyre of stealing money
and doctoring the books.
He said he was going to sue.
What did the defendant say?
He was really mad.
He told my dad that he
could go ahead and sue
but that he wouldn't live
to see it through,
that he'd kill him first.
Ms. Hayden,
tell us what happened
the night
your father was killed.
I came home late.
I went inside and
found my father lying
on the kitchen floor.
There was blood everywhere.
And he was-- he was gulping
for air, trying to breathe.
By the time the EMTs arrived,
it was too late.
You say your father thought
my client was stealing
from his business.
Did he go to the police?
My father always gave people
the benefit of the doubt.
He had no proof
Mr. MacIntyre was stealing.
So it's possible there was no
theft on my client's part?
I only know
what I heard that night.
And you say Mr. MacIntyre
threatened your father's life.
You believed that was a serious
threat, didn't you?
Yes.
Why didn't you report this
serious threat to the police?
My father said
he wasn't afraid.
In fact, you only reported
this argument
weeks after your father died.
At first the police told me
my father was the victim
of an intruder.
But I didn't believe it.
Why not? Your house
has been burglarized twice
in the last three years,
isn't that correct?
Yes, but--
And six weeks
before your father died,
you called the police to report
someone looking in your window.
Isn't that correct?
My father wasn't--
The police felt your father was
killed confronting a burglar
until you convinced them
otherwise.
It wasn't a burglar.
Ms. Hayden...
I feel for your loss,
but isn't it possible that
you're wrong about my client?
No.
There is no direct evidence
linking Mr. MacIntyre
to your father's death.
One witness even recanted,
admitting he made a mistake.
Isn't it possible
you made one, too?
(door opens)
Philly...
Listen, I--
I got jammed up again.
I'm really busy.
I held up a convenience store.
Lucy, will you get the
Vorenbergs some coffee,
maybe something to eat?
That'll go over big since you
were 40 minutes late starting.
Just stall.
Philly, what's going on?
What's with you?
I told you, I need money.
I'm desperate.
That wasn't just going away.
(sighs)
You held up a store.
Did anyone get hurt?
No. I could go
to the federal pen
for this, right?
No, this is a state crime.
What's the difference?
To get sent to federal prison,
you have to commit a federal
crime, like robbing a bank.
Look-- forget that.
But how much time
am I looking at?
Did you use a gun?
It depends.
What?
Yeah, okay, I used a gun.
When did you do this,
last night?
Does it make a difference?
Philly, you're not making
any sense.
Lindsay, please,
just help me out here.
Look, if you're in trouble
or you need money,
maybe I can help,
but only if you tell me
what's really going on.
(door opens)
I'm losing the Vorenbergs.
Should I move on to card tricks
or balloon animals?
I'll be right there.
I need to think about this.
W-Where are you--
I gotta go.
Philly!
(door opens, shuts)
(sirens wailing)
(indistinct chatter)
I had a uniformed officer
waiting at his place all day,
but he never showed.
Then we got this call.
Shot once in the neck.
Probably bled out
in only a few minutes.
Witnesses?
We're canvassing,
but in a neighborhood like this,
nobody sees anything.
Any leads at all?
His wallet's missing.
Thanks.
MacIntyre did this, Helen.
I should have convicted
the bastard 12 years ago.
He wouldn't still be running
around killing people.
Tomorrow I'll talk
to the judge.
I'll be with you.
It's not a good idea.
You and Wilcox have a history.
I don't need you
bringing baggage in there.
What I'll bring is the full
weight of this office.
The judge has to respect that.
I can handle it.
I don't need your help.
I'll be with you, Helen.
End of story.
So, Rossi got himself shot.
Isn't that too bad.
Do you know anything
about this?
Of course not.
You're not too broken up
about it.
What, I'm supposed to
feel bad?
This is the guy that
caused me all my trouble.
So, what now?
We're thinking
this might be the time
to reopen
plea negotiations.
Why?
Aren't my chances better
now than they were before?
Yes, but there's always the risk
they find new evidence,
and the prosecution still
has another witness--
a woman who also says
she saw you
coming out of Hayden's house
that night.
I still like my chances.
Now more than ever.
I didn't kill Rossi,
I didn't kill Hayden.
And I'm not pleading
to anything.
Your Honor, I move that you
declare a mistrial
based on manifest necessity
for a new trial.
You can't retry my client
just because your case
is falling apart.
If, in fact,
a witness is threatened or
killed by the defendant,
I can declare a mistrial based
on manifest necessity,
and there would be no violation
of double jeopardy.
We would start
a new trial.
My client was
in custody last night.
Your client has extensive
criminal connections.
Old news
and circumstantial.
MacIntyre could have easily
had someone
pull the trigger for him.
That doesn't make
any sense.
Mr. Rossi just testified
in my client's favor.
Ms. Gamble and I talked
with Rossi after he testified.
We believe he intended
to reverse direction
and implicate
the defendant.
Well, to be fair, he didn't
explicitly say that.
I think he did.
The defendant was trying
to lock in his testimony.
Mr. Walsh, I am very troubled
by the death of this witness.
But at this point, you've shown
me no evidence
tying the defendant
to the murder.
Even if I grant your request
for a mistrial,
I'm afraid it won't
stand up on appeal.
Do you have any other
witnesses?
At this point, we intend to call
the investigating officer,
and then we hope to call
another witness
who saw the defendant
running from the crime scene.
Very well.
The case will proceed.
(sighs)
You tied my hands in there.
If you hadn't lied
about the witness--
I didn't lie.
Look, now I can't even try
for a continuance
to get her back here.
Wilcox wouldn't give
you one anyway.
I'm taking over
first chair.
Excuse me?!
You're losing, Helen.
I'm coming in.
You pulling rank
on me now?
Yes.
I'm not gonna let this guy
get away twice.
Now, I'm gonna prep
the investigating officer.
I've done that
three times.
But I'm taking him
on direct now...
so I need to prep him.
And I'd like to speak
with him...alone.
(starts elevator)
It says that in Hong Kong,
a betrayed wife
is legally allowed
to kill her adulterous
husband,
but only with
her bare hands.
Lucy, I'm gonna use my bare
hands if you don't stop talking.
Has Philly Sidlow
called back?
He doesn't know
to call back.
He doesn't have
an answering machine.
I can't leave
a message.
Keep calling
until you reach him.
I just called
ten minutes ago.
(phone ringing)
Okay.
Lindsay, I've been going over
Ned Zeman's deposition--
Eugene, can we
go over this later?
I've got a million and one
things to do.
Lindsay. Lindsay.
It's him.
Him who?
Sidlow.
Philly,
where have you--
What?
Okay, stop talking.
That's right, do not say a word
to anybody until I get there.
Yes, I'll be right there.
How would you like to go over
the Zeman deposition
on the way to booking?
(sighs)
I didn't mean for anyone
to get hurt.
You gotta believe me.
Philly--
You gotta tell 'em, Lindsay.
This is very serious.
I asked Eugene
to come with me.
You don't have to say
it's serious.
The cops already told me
I could get life!
Please...
Let's go over
what happened.
I robbed a bank,
like Lindsay said to.
Philly!
I never said,
"rob a bank."
What are you talking about?
You did!
You even said that I could go
to federal prison if I did.
I wasn't advising you
to commit a crime!
All right, hold on.
I need to know exactly
what's going on.
(sighs)
I've been sick.
Lindsay knows.
I thought it was
in remission.
Nah. The prostate--
it's spreading.
I got this blood disease.
I need these transfusions
all the time.
Where are you being
treated?
(scoffs) See, that's
the thing. I'm not.
I got no health insurance.
So unless I'm just
about to kick,
I gotta wait.
So you tried robbing a bank
to pay for an operation?
Even if I could get the money,
they'd still make me
wait months!
But in federal prison,
the doctors--
they have to work on you
right away.
Danny Small,
from Brockton-- big hernia.
They sent him away
for check kiting,
and he was put under
the knife that day!
You've been trying
to get arrested?
I got no money,
no family.
Only a one-room hole
in Somerville.
They're tossing me out
up at month's end.
And the pain
from this cancer...
It was the only way.
Okay... what happened today?
I went to the bank
down the street.
I gave the teller a note asking
her to hand over 300 bucks.
That's all.
But while she was putting
the money in the bag,
this guard started
walking toward me.
Did you have a gun?
No.
(sighs deeply)
But the teller--
She tried sticking one of those
dye packs in the bag--
the kind that explode.
Anyway, it must have gone off,
and the guard must have
thought that--
He pulled his gun
and fired.
He hit the lady
standing behind me.
What happened to her?
I don't know.
This could be
felony murder.
But I didn't kill anybody!
I told you
I didn't even have a gun!
Doesn't matter.
If the woman's dead,
it happened during
the commission of a crime.
I didn't want anybody
to get killed!
I didn't. I--
(voice breaking)
I just wanted an operation.
That's all.
(crying) I mean--
I didn't-- I--
(crying)
Detective Simons...
on the night Mr. Hayden
was murdered,
was his house
burglarized?
No.
How can you be sure?
For one,
there were valuables--
jewelry, watches, money--
in plain sight
and left untouched.
Additionally, because of the way
that Mr. Hayden was killed.
He was shot behind both knees
about 30 minutes before
he was shot
in the back of the head.
Why is that significant?
Burglars like to get in,
grab what they can,
and get out.
Whoever killed Mr. Hayden
stuck around to watch him die.
This was personal.
Objection.
Sustained.
Only testify as to what
you observed, Detective.
What other evidence
connects Mr. MacIntyre
to Mr. Hayden's murder?
The fact that Mr. MacIntyre
was tried for killing
his former business
partner.
Objection!
JUDGE: Sustained.
I am instructing the jury
to absolutely disregard
the last statement made
by the witness.
Let me be clear--
what he said was inadmissible,
inappropriate,
and wholly irrelevant
to this case.
You must not refer
to it in any way
during the course
of your deliberations
or in reaching a verdict.
Counsel-- chambers.
Explain to me right now
why I shouldn't declare
a mistrial.
Your Honor, I had no idea
Detective Simons
would bring up
Mr. MacIntyre's record.
Who are you kidding?
This isn't even open
for debate.
My client's entitled
to an immediate mistrial
with prejudice.
He just instructed
the jury to ignore
the detective's comment.
The jury will never forget
what they heard.
There's no way our client
will get a fair trial.
I disagree.
Of course you do.
You did this
intentionally.
You conspired
with the detective.
That's completely untrue!
Your case
was in the toilet.
You wanted to restart
the trial.
If you called for a mistrial,
you wouldn't get a new trial
because double jeopardy
would attach!
So you forced me to call
for one,
knowing double jeopardy
would not attach.
That's a lie, Your Honor.
You have to dismiss
with prejudice.
You at least need
to hold a hearing.
I have the right to
question Walsh under oath.
Let me save you the trouble.
My question was innocent.
The detective made
an error.
I specifically instructed him
not to refer
to MacIntyre's priors.
In no way did I
conspire with him.
Then I want to put
Helen Gamble on the stand.
Bobby--
There's no allegation
of misconduct
against Ms. Gamble.
The fact that--
Your Honor,
Mr. Donnell would prefer
a murderer walk
on a technicality.
I'm sure you don't want to
be the one to grant that wish.
Oh, don't lay this
at my doorstep.
I'm appealing to your
sense of justice.
When Mr. MacIntyre killed
Mr. Rossi last night,
he spit on your court.
When we go back out...
I will excuse the jury
and clear the room.
Then Ms. Gamble
will take the stand.
As I've already stated,
I have no proof that Mr. Walsh
intended to cause a mistrial.
Did he ever discuss
getting a mistrial
so he could restart
with a new trial?
We never discussed
anything like that.
I really don't think I can
help you here, Your Honor.
Whatever we discussed
is work product.
Ms. Gamble...
in your opinion,
did Mr. Walsh intend
to cause a mistrial?
Your Honor,
I strongly object.
My colleague has already stated
her opinion is completely
irrelevant
and inadmissible
work product.
Relax, Mr. Walsh.
You're not on trial.
There's no jury here.
This is a hearing,
and I would like to listen
to what Ms. Gamble
has to say.
Then, in principle,
I object to forcing DAs
to testify in this manner.
Already noted.
Ms. Gamble.
Your Honor, it seems the issue
does go to my opinion.
Then I'll rephrase
the question.
Do you have any basis
to believe
Mr. Walsh did intend
to cause a mistrial?
(sighs)
Yes.
Your Honor!
Sit down, Mr. Walsh.
Please explain why
you believe this.
We're having a problem
with our other witness.
She's in Florida, tending
to her hospitalized mother.
It was becoming clear
she probably wouldn't make it
back in time to testify.
On top of that,
Mr. Walsh made sure
to exclude me
when he prepped
Detective Simons.
He may have been colluding
with him at that point.
I also believe Mr. Walsh
has not been candid.
For example,
he suggested that Mr. Rossi
intended to implicate
MacIntyre again,
when, in fact, he's given us
no indication either way.
Your Honor,
I insist I be allowed
to cross-examine Ms. Gamble.
Your witness.
Isn't it true
that the witness
could have made it
back from Florida
in time to testify?
Possible, but unlikely.
And isn't it also true
that we could have asked
for a continuance?
Could have asked,
but when I raised
that possibility,
you rejected it.
Do you have any evidence
whatsoever
that I discussed
anything illegal
with Detective Simons?
No, I don't.
And you have no direct evidence
as to what I was thinking?
No.
If you believed I was
committing misconduct,
wasn't it your duty,
as an officer of the court,
to report me?
Maybe I should have.
Well, there are just
two possibilities--
Either you are complicit
in a conspiracy
to commit obstruction
of justice...
...or you are wrong.
I wasn't complicit
in a conspiracy.
But I had concerns.
I've heard enough.
This is still my witness,
Your Honor.
We will take a short recess,
after which,
I'll deliver my decision.
Jean Ward
for the Commonwealth.
Lindsay Dole
for the defense,
waive reading,
plead not guilty.
JUDGE: Question of bail.
Before addressing that,
Your Honor,
the Commonwealth moves
to disqualify Ms. Dole.
She is a material witness
about the crime in question.
What witness?
I'm his lawyer.
A conversation Ms. Dole
had with the defendant
will establish motive.
Your Honor, Eugene Young,
also for the defense.
My colleague cannot testify
where privilege applies.
According to Mr.
Sidlow's statement,
Ms. Dole instructed him
on what kind of crime
to commit
in order to get himself
incarcerated.
That's a lie.
Take it easy.
Counsel, approach.
Ms. Dole, did you instruct
your client
to rob a bank
so he could go to prison?
Again, I raise the issue
of attorney client privilege.
Mr. Sidlow waived that right
when he disclosed the contents
of his conversation
with Ms. Dole.
Now, please answer
the question.
(sighs)
I did explain the difference
between federal and
state crimes,
But only to answer
a client's question
about what he said
was a past crime.
You helped
get a woman killed.
The woman who was shot--
she died an hour ago.
That was not
my fault.
Ms. Dole, it sounds like
Ms. Ward's right.
You probably have to
disqualify yourself.
I will not testify
against my client.
Okay. Enough.
Ms. Ward, although I don't know
exactly what happened here,
let's be realistic--
this shouldn't go
to trial.
The defendant's confused.
He was unarmed.
Felony murder applies
only if the jury finds
that he consciously disregarded
risk to human life.
Therefore,
I strongly suggest
you get Mr. Sidlow
new counsel and settle this.
He wants to go to jail
anyway.
You're quitting on me?
But you're my lawyer.
Philly, the judge
disqualified me.
I'm not quitting.
Look... you aren't listening,
you haven't been listening.
I never told you
to rob a bank.
You did that on your own
and got me in trouble
in the process.
I'm sorry, Lindsay.
Why didn't you just
tell me the truth,
and give me the chance
to help?
I didn't want to get you
mixed up in something illegal.
You're a good person.
(sighs) look, there's nothing
I can do for you now.
I'm not your lawyer.
(sighs)
We shouldn't even be talking,
since privilege doesn't apply.
I was just trying
to save my life.
I didn't want to get
anyone killed.
I know, Philly.
I should go.
Lindsay, wait.
I know we can't talk
about the case, but...
I'll just sit here for a while
and keep you company.
(sighs)
That'd be good.
BAILIFF: All rise.
Be seated.
To dismiss a murder case
with prejudice...
to let a possible killer go free
merely because
of prosecution error
is not only the most extreme
and frowned-upon remedy
available to a court,
it offends our sense
of right and wrong.
It makes a mockery of our most
basic sense of fairness.
Don't misunderstand me,
prosecutorial misconduct
is a problem.
But to deny justice
in order to save justice
makes no sense.
And as the record clearly shows,
I have no smoking gun here--
no direct evidence
that Mr. Walsh
did knowingly and intentionally
cause a mistrial.
The most Ms. Gamble
could offer me was her opinion.
I won't make a ruling
on such an important matter
purely on speculation.
However...
I am required to consider
the totality of the facts
supporting these allegations,
as well as the credibility
of the parties involved.
This is not the first time
I've had Mr. Walsh before me.
This year alone,
I have seen a man
I have always respected
employ what I consider to be
sharp and unethical practices.
He has become increasingly
less candid and honest.
In his effort to do justice,
he has perverted it.
Here he misled the court
about the availability
of a witness I now learn
is in Florida.
It has to stop.
I, therefore,
sadly have no choice
but to find that Mr. Walsh
did intend to cause a mistrial
in an effort to obtain
a new trial.
The case against the defendant
is dismissed with prejudice.
Mr. MacIntyre...
you are free to go.
Your Honor...
may I be heard?
I have ruled, Mr. Walsh.
Then for the record,
let me say we are filing
an immediate appeal
to have your ruling
reversed.
Your decision is unjust,
unconscionable,
and wholly unsupported
in law or fact!
It is a reflection
of this court's animus
against me and my office,
and will form the basis
of my personal complaint
to the judicial council!
Mr. Walsh--
I'm not finished!
Your decision to put a killer
back on the street
should not go unpunished!
It is my hope
the legislature will consider
appropriate actions,
including possible impeachment.
You crossed the line...
a long time ago, Mr. Walsh.
I ascribe your
inappropriate response
to the fact that
ultimately you know
this whole disaster
is your fault.
This court is adjourned.
That's it? It's over?
Yeah, Michael, it's over.
(sighs) Hey, thanks.
Send me the bill.
(door opens)
You accused me
of perjury, Helen.
Look, I did my ethical duty.
What excuse do you have
for ripping me apart up there?
I was trying to save
this case, Helen.
I wasn't railroading
an innocent man.
I wanted to give MacIntyre
the fair trial
he was avoiding
by killing a witness.
PATRICIA: He's going free?
Patricia...
we are so sorry.
You made this happen.
How can you tell me
that you're sorry?
I had to testify
truthfully.
The truth is Michael MacIntyre
took my father's business,
then took his life.
And you let him get away.
I did my ethical duty.
Only because
you were dragged into it.
You're not a hero.
(music playing)
You stinker!
on the witness stand.
Patricia,
I know you can do it.
Mr. MacIntyre--
He was like an uncle to me.
This man killed your father.
I don't want to sound flip,
but that isn't much of an uncle.
You said that he was linked
to organized crime.
You said
that he's killed before.
And I've tried convicting
him once before,
so I'm taking a real personal
interest in this case.
But you have to remember,
the judge ruled MacIntyre's
priors inadmissible.
The jury can't hear
about his record.
Look, there's something else
we should discuss.
One of our witnesses--
the better of the two--
just left town.
Her mother's
in critical condition
after a car accident
in Florida.
Meaning?
Well, if we're unable
to get her back in time,
we'll be depending even more
on your testimony,
as well as the testimony of the
other witness, Charles Rossi.
Mr. Rossi--
"Charlie's" good enough.
Bobby Donnell.
Appreciate you coming in.
Please, sit down.
It's been a long day.
I'll get straight to it.
We've been trying to get a hold
of you for over two months.
Suddenly you call
out of the blue
and ask to see us right away.
What's going on?
I've never been asked to be
a witness in a trial,
so I didn't know what to do,
but the guy I fingered
for the murder--
he didn't do it.
What do you mean,
"didn't do it"?
He's not the guy.
Look, I originally picked him
out of a bunch of photographs,
and I was wrong.
And how did you come
to realize this?
Today's newspaper.
I saw MacIntyre's picture.
The guy that night--
he looked different.
Did you tell
the district attorney?
No. I wasn't sure where to go.
You are the ones representing
MacIntyre, right?
Mr. Rossi-- Charlie--
you testified
before the Grand Jury
that you saw our client leaving
the scene of the crime.
Now you're telling me
that you were mistaken.
What's to say you won't change
your testimony tomorrow
when you take the stand?
Mr. Donnell, this guy,
MacIntyre
didn't kill anyone here.
And I don't think
someone should go to jail
for something they didn't do.
What do you think?
I think we don't look
a gift horse in the mouth.
How about getting a statement?
Not on our client's life.
We'd be obligated
to tell the DA.
This is Michael MacIntyre's
lucky day.
(music playing)
We have been over this.
I want to take the stand.
You do that,
and your record could come in.
I don't care!
You should care.
You were tried once for killing
your former business partner,
and now you're on trial
for killing your current
business partner.
Even though you were acquitted,
there's a chance
the judge would let
the prosecution ask about it.
Jimmy's right.
We do not want to open the door
on prior bad acts
or pattern evidence.
Look, there is good news.
One of their witnesses,
a man named Charles Rossi,
came to our office last night
and told us
he misidentified you.
Thank God.
Don't get too excited.
The prosecution still has
another witness.
Well, didn't they just
lose half their case?
Michael, we need to ask.
Any idea why this witness
is backing off his ID?
You think I threatened him?
I'm sitting in prison.
As officers of the court,
we can't get involved
in any kind of conspiracy
to threaten a witness.
Look, I hung
with the wrong kind.
I made some big mistakes.
But I haven't been connected
to any of that in years.
Then why would he come to us
instead of the DA?
How do I know?!
I don't know!
For the last time,
I didn't threaten anyone!
Okay.
No, it's not okay.
I need to know that you're gonna
be there fighting for me.
Michael, you hired us
to do a job.
We'll do that job.
I just want to make sure that
you're comfortable with me.
Philly, what happened?
I was walking past
this jewelry store,
and I saw
the most beautiful watch.
I-I couldn't help myself.
You've never done anything
like this.
You scalp tickets.
You run poker games.
I know, I know, but the watch--
it was a Breitling Chrono.
Shiny gold plate, three dials,
the whole deal--
goes for two large.
And you thought you'd just waltz
out of the store with it?
The salesman was busy
with another customer.
I thought I could outrun him.
(coughs)
And what's with
the written statement?
The cops caught me
half a block away
with the watch in my pocket.
Philly, this just
doesn't make sense.
You're not a thief.
I know you.
I got desperate.
I needed the money bad,
so I did something stupid.
Grand larceny--
pretty stupid.
You may not get out of this
without some time.
How much time?
If we go to trial,
more than if we plead,
but I don't mean
just a couple of months
at a corrections house.
We could be talking years
at Walpole.
And at your age
and your condition--
I'll do all right.
You don't worry about me.
Philly, are you okay?
You don't look well.
I'm just-- I'm just scared,
that's all.
Don't worry.
I'll get to work on this.
As you can see, I'm a little
buried at the moment.
Just two minutes--
Philly Sidlow, grand larceny.
Right. Um, we need to talk.
Good, because there's no point
going to trial.
Philly's an older guy,
he's harmless,
all his priors are misdemeanor
ticket scalping.
Lindsay, hold on. Um...
The watch your client lifted--
(sighs) We lost it.
You lost it?
Somewhere between booking
and the evidence room,
it disappeared.
You know, quite frankly, I
would like to check the wrists
of every cop in Boston.
Then you got no case.
Don't tell me a jury
will convict without--
Wait. Lindsay,
your guy confessed.
And I'll argue that he was
suffering from early dementia
and didn't know
what he was confessing to.
Jean, come on.
You've lost the evidence,
and you obviously have
bigger fish to fry.
Please? Favor bank?
I'll owe you.
I'm serious.
All right. I'll plead it
to petty larceny, time served.
He walks now?
Yes, but you do owe me.
I'm serious.
CHARLIE: I was leaving
the school around 8:00.
I'm a custodian at John Adams.
I was walking down Holden
on my way to the bus,
when I saw this guy
coming out of the house.
Did you get
a good look at him?
Yeah, I did.
Do you see the man here
in the courtroom?
No.
Mr. Rossi, is the man you
identified for the police
and the District Attorney
present today in this courtroom?
The guy I identified is sitting
right over there,
but what I'm trying
to tell you is
that's not who I saw
running that night.
Mr. Rossi, did you
or did you not testify
in front of the Grand Jury one
month after Mr. Hayden's murder?
I did.
While in front
of the Grand Jury...
...were these
your truthful responses?
"Question-- 'Is this the man
you saw running
from Mr. Hayden's house?'
Answer-- 'Yes.'
Question-- 'Are you sure?'
Answer-- 'One hundred
percent sure.'"
Now, Mr. Rossi,
were those your responses?
Yes.
Do you remember sitting
in my office two days ago,
discussing this case?
Listen...
I saw Mr. MacIntyre's
photo in the newspaper
yesterday morning,
and he just isn't
who I saw that night.
That night you were five feet
from the suspect
on a well-lit street.
Now you are changing your mind
after seeing a black-and-white
newspaper photo?
Yes.
Did you discuss with anyone
your appearance here today?
I talked to my sister
and Mr. Donnell and Mr. Berluti.
You told defense counsel
but not the prosecution?
Their names were in the paper
along with MacIntyre.
I thought they should know.
Mr. Rossi, were you paid to
change your testimony today?
No.
Were you threatened
into doing so?
No. Why don't you understand?
You people have got
the wrong guy,
and I'm just trying to do
the right thing.
Your Honor, I have nothing
further for this witness.
People reserve
the right to recall.
Very well, then.
We'll reconvene in the morning.
(bangs gavel)
(sighs)
What the hell was that?
HELEN: How do I know?
Two days ago the guy was
completely on board,
but now he's either
confused or scared.
He was reached by MacIntyre,
damn it,
and you couldn't pull him back.
Yesterday we had two witnesses
who could make MacIntyre.
Today one's pissed back on us,
and the other one's in Florida,
for God's sake!
I want you to get
a material-witness warrant
and have the Florida sheriff
pick that woman up now.
I've already threatened her
with that.
She says if we follow through
she won't talk at all.
How bad is her mother?
Day-to-day.
Who knows?
Listen, I know you've
never fully recovered
from the earlier case
where MacIntyre--
Where's Rossi now?
We've still got him.
He's outside.
Get him in here.
They lost the watch?
Somebody at the police station
must have cuffed it.
Then, what-- I'm looking
at a couple of months?
Philly, they pled it down
to a misdemeanor.
You don't have to serve
any time.
But I copped to it.
I confessed.
You're not understanding me.
Once the plea is entered,
the case is over.
I was just--
(exhales) This-- this
threw me for a loop is all.
Here I was--
I was thinking "Walpole,"
and you gave me a second life.
I appreciate you
getting me kicked.
You dodged a bullet.
Stay away from this kind
of thing, okay?
Yeah, yeah.
What are you talking about?
Why would I need a lawyer?
Perjury carries a maximum
sentence of 20 years, Mr. Rossi.
What perjury?
I made a mistake, that's all.
We don't think so.
Are you going to arrest me?
'Cause if you're not,
I'm leaving.
Sit down.
I don't have to stay
if you're not gonna--
Sit down and shut up.
You think you're smarter
than me.
Prisons are full of guys
who thought
they were smarter than me.
I'm the chief prosecutor
for the DA,
and that means I have
the authority to do
whatever I want.
You just screwed me over
in this case,
and if MacIntyre walks
because of it,
I'm gonna take that
very personally.
And here's what'll happen--
first, I'll open
a grand jury investigation,
and I'll subpoena everyone
who hates your guts.
And when I'm through with them,
you will be indicted for perjury
and obstruction of justice.
Then I'm gonna convict
your ass
and personally recommend
the maximum sentence be doubled.
And off you'll go to the
toughest prison in the state,
where I'll see to it
that you're thrown
into the general population
for the length of your term.
Whatever weight you're feeling
from the other side,
it's nothing compared to
the load I'm going to bring.
Mr. Rossi...
Okay. Well...
Let me think about it.
You have seven hours.
If you need protection,
we'll give it to you.
And I'm sure you'll do--
how did you put it--
the right thing?
Yeah.
Can I go now?
Sure.
Hope this works.
It better.
How you doing?
I'm missing a three-hour
lecture on Chaucer.
The Wife of Bath's tale
is the best.
It's the bawdiest one.
You're gonna do great
up there.
I know it didn't go well
yesterday, but...
...I'm ready to testify,
Ms. Gamble.
I'm really ready.
I know.
Mr. MacIntyre was my dad's
business partner.
They owned three body shops
together for almost five years.
How would you characterize
their relationship?
It started off fine,
but just before my dad
was killed,
he told me that--
Objection-- hearsay.
Sustained.
Patricia, did you
ever overhear
the defendant
threaten your father?
Yes. Two days
before he was killed.
I came home early from school.
I went into the kitchen
through the back door.
My father and Mr. MacIntyre
were in the next room arguing.
Was it a violent fight?
Yes. There was a lot
of screaming.
I didn't hear everything,
but my father was accusing
Mr. MacIntyre of stealing money
and doctoring the books.
He said he was going to sue.
What did the defendant say?
He was really mad.
He told my dad that he
could go ahead and sue
but that he wouldn't live
to see it through,
that he'd kill him first.
Ms. Hayden,
tell us what happened
the night
your father was killed.
I came home late.
I went inside and
found my father lying
on the kitchen floor.
There was blood everywhere.
And he was-- he was gulping
for air, trying to breathe.
By the time the EMTs arrived,
it was too late.
You say your father thought
my client was stealing
from his business.
Did he go to the police?
My father always gave people
the benefit of the doubt.
He had no proof
Mr. MacIntyre was stealing.
So it's possible there was no
theft on my client's part?
I only know
what I heard that night.
And you say Mr. MacIntyre
threatened your father's life.
You believed that was a serious
threat, didn't you?
Yes.
Why didn't you report this
serious threat to the police?
My father said
he wasn't afraid.
In fact, you only reported
this argument
weeks after your father died.
At first the police told me
my father was the victim
of an intruder.
But I didn't believe it.
Why not? Your house
has been burglarized twice
in the last three years,
isn't that correct?
Yes, but--
And six weeks
before your father died,
you called the police to report
someone looking in your window.
Isn't that correct?
My father wasn't--
The police felt your father was
killed confronting a burglar
until you convinced them
otherwise.
It wasn't a burglar.
Ms. Hayden...
I feel for your loss,
but isn't it possible that
you're wrong about my client?
No.
There is no direct evidence
linking Mr. MacIntyre
to your father's death.
One witness even recanted,
admitting he made a mistake.
Isn't it possible
you made one, too?
(door opens)
Philly...
Listen, I--
I got jammed up again.
I'm really busy.
I held up a convenience store.
Lucy, will you get the
Vorenbergs some coffee,
maybe something to eat?
That'll go over big since you
were 40 minutes late starting.
Just stall.
Philly, what's going on?
What's with you?
I told you, I need money.
I'm desperate.
That wasn't just going away.
(sighs)
You held up a store.
Did anyone get hurt?
No. I could go
to the federal pen
for this, right?
No, this is a state crime.
What's the difference?
To get sent to federal prison,
you have to commit a federal
crime, like robbing a bank.
Look-- forget that.
But how much time
am I looking at?
Did you use a gun?
It depends.
What?
Yeah, okay, I used a gun.
When did you do this,
last night?
Does it make a difference?
Philly, you're not making
any sense.
Lindsay, please,
just help me out here.
Look, if you're in trouble
or you need money,
maybe I can help,
but only if you tell me
what's really going on.
(door opens)
I'm losing the Vorenbergs.
Should I move on to card tricks
or balloon animals?
I'll be right there.
I need to think about this.
W-Where are you--
I gotta go.
Philly!
(door opens, shuts)
(sirens wailing)
(indistinct chatter)
I had a uniformed officer
waiting at his place all day,
but he never showed.
Then we got this call.
Shot once in the neck.
Probably bled out
in only a few minutes.
Witnesses?
We're canvassing,
but in a neighborhood like this,
nobody sees anything.
Any leads at all?
His wallet's missing.
Thanks.
MacIntyre did this, Helen.
I should have convicted
the bastard 12 years ago.
He wouldn't still be running
around killing people.
Tomorrow I'll talk
to the judge.
I'll be with you.
It's not a good idea.
You and Wilcox have a history.
I don't need you
bringing baggage in there.
What I'll bring is the full
weight of this office.
The judge has to respect that.
I can handle it.
I don't need your help.
I'll be with you, Helen.
End of story.
So, Rossi got himself shot.
Isn't that too bad.
Do you know anything
about this?
Of course not.
You're not too broken up
about it.
What, I'm supposed to
feel bad?
This is the guy that
caused me all my trouble.
So, what now?
We're thinking
this might be the time
to reopen
plea negotiations.
Why?
Aren't my chances better
now than they were before?
Yes, but there's always the risk
they find new evidence,
and the prosecution still
has another witness--
a woman who also says
she saw you
coming out of Hayden's house
that night.
I still like my chances.
Now more than ever.
I didn't kill Rossi,
I didn't kill Hayden.
And I'm not pleading
to anything.
Your Honor, I move that you
declare a mistrial
based on manifest necessity
for a new trial.
You can't retry my client
just because your case
is falling apart.
If, in fact,
a witness is threatened or
killed by the defendant,
I can declare a mistrial based
on manifest necessity,
and there would be no violation
of double jeopardy.
We would start
a new trial.
My client was
in custody last night.
Your client has extensive
criminal connections.
Old news
and circumstantial.
MacIntyre could have easily
had someone
pull the trigger for him.
That doesn't make
any sense.
Mr. Rossi just testified
in my client's favor.
Ms. Gamble and I talked
with Rossi after he testified.
We believe he intended
to reverse direction
and implicate
the defendant.
Well, to be fair, he didn't
explicitly say that.
I think he did.
The defendant was trying
to lock in his testimony.
Mr. Walsh, I am very troubled
by the death of this witness.
But at this point, you've shown
me no evidence
tying the defendant
to the murder.
Even if I grant your request
for a mistrial,
I'm afraid it won't
stand up on appeal.
Do you have any other
witnesses?
At this point, we intend to call
the investigating officer,
and then we hope to call
another witness
who saw the defendant
running from the crime scene.
Very well.
The case will proceed.
(sighs)
You tied my hands in there.
If you hadn't lied
about the witness--
I didn't lie.
Look, now I can't even try
for a continuance
to get her back here.
Wilcox wouldn't give
you one anyway.
I'm taking over
first chair.
Excuse me?!
You're losing, Helen.
I'm coming in.
You pulling rank
on me now?
Yes.
I'm not gonna let this guy
get away twice.
Now, I'm gonna prep
the investigating officer.
I've done that
three times.
But I'm taking him
on direct now...
so I need to prep him.
And I'd like to speak
with him...alone.
(starts elevator)
It says that in Hong Kong,
a betrayed wife
is legally allowed
to kill her adulterous
husband,
but only with
her bare hands.
Lucy, I'm gonna use my bare
hands if you don't stop talking.
Has Philly Sidlow
called back?
He doesn't know
to call back.
He doesn't have
an answering machine.
I can't leave
a message.
Keep calling
until you reach him.
I just called
ten minutes ago.
(phone ringing)
Okay.
Lindsay, I've been going over
Ned Zeman's deposition--
Eugene, can we
go over this later?
I've got a million and one
things to do.
Lindsay. Lindsay.
It's him.
Him who?
Sidlow.
Philly,
where have you--
What?
Okay, stop talking.
That's right, do not say a word
to anybody until I get there.
Yes, I'll be right there.
How would you like to go over
the Zeman deposition
on the way to booking?
(sighs)
I didn't mean for anyone
to get hurt.
You gotta believe me.
Philly--
You gotta tell 'em, Lindsay.
This is very serious.
I asked Eugene
to come with me.
You don't have to say
it's serious.
The cops already told me
I could get life!
Please...
Let's go over
what happened.
I robbed a bank,
like Lindsay said to.
Philly!
I never said,
"rob a bank."
What are you talking about?
You did!
You even said that I could go
to federal prison if I did.
I wasn't advising you
to commit a crime!
All right, hold on.
I need to know exactly
what's going on.
(sighs)
I've been sick.
Lindsay knows.
I thought it was
in remission.
Nah. The prostate--
it's spreading.
I got this blood disease.
I need these transfusions
all the time.
Where are you being
treated?
(scoffs) See, that's
the thing. I'm not.
I got no health insurance.
So unless I'm just
about to kick,
I gotta wait.
So you tried robbing a bank
to pay for an operation?
Even if I could get the money,
they'd still make me
wait months!
But in federal prison,
the doctors--
they have to work on you
right away.
Danny Small,
from Brockton-- big hernia.
They sent him away
for check kiting,
and he was put under
the knife that day!
You've been trying
to get arrested?
I got no money,
no family.
Only a one-room hole
in Somerville.
They're tossing me out
up at month's end.
And the pain
from this cancer...
It was the only way.
Okay... what happened today?
I went to the bank
down the street.
I gave the teller a note asking
her to hand over 300 bucks.
That's all.
But while she was putting
the money in the bag,
this guard started
walking toward me.
Did you have a gun?
No.
(sighs deeply)
But the teller--
She tried sticking one of those
dye packs in the bag--
the kind that explode.
Anyway, it must have gone off,
and the guard must have
thought that--
He pulled his gun
and fired.
He hit the lady
standing behind me.
What happened to her?
I don't know.
This could be
felony murder.
But I didn't kill anybody!
I told you
I didn't even have a gun!
Doesn't matter.
If the woman's dead,
it happened during
the commission of a crime.
I didn't want anybody
to get killed!
I didn't. I--
(voice breaking)
I just wanted an operation.
That's all.
(crying) I mean--
I didn't-- I--
(crying)
Detective Simons...
on the night Mr. Hayden
was murdered,
was his house
burglarized?
No.
How can you be sure?
For one,
there were valuables--
jewelry, watches, money--
in plain sight
and left untouched.
Additionally, because of the way
that Mr. Hayden was killed.
He was shot behind both knees
about 30 minutes before
he was shot
in the back of the head.
Why is that significant?
Burglars like to get in,
grab what they can,
and get out.
Whoever killed Mr. Hayden
stuck around to watch him die.
This was personal.
Objection.
Sustained.
Only testify as to what
you observed, Detective.
What other evidence
connects Mr. MacIntyre
to Mr. Hayden's murder?
The fact that Mr. MacIntyre
was tried for killing
his former business
partner.
Objection!
JUDGE: Sustained.
I am instructing the jury
to absolutely disregard
the last statement made
by the witness.
Let me be clear--
what he said was inadmissible,
inappropriate,
and wholly irrelevant
to this case.
You must not refer
to it in any way
during the course
of your deliberations
or in reaching a verdict.
Counsel-- chambers.
Explain to me right now
why I shouldn't declare
a mistrial.
Your Honor, I had no idea
Detective Simons
would bring up
Mr. MacIntyre's record.
Who are you kidding?
This isn't even open
for debate.
My client's entitled
to an immediate mistrial
with prejudice.
He just instructed
the jury to ignore
the detective's comment.
The jury will never forget
what they heard.
There's no way our client
will get a fair trial.
I disagree.
Of course you do.
You did this
intentionally.
You conspired
with the detective.
That's completely untrue!
Your case
was in the toilet.
You wanted to restart
the trial.
If you called for a mistrial,
you wouldn't get a new trial
because double jeopardy
would attach!
So you forced me to call
for one,
knowing double jeopardy
would not attach.
That's a lie, Your Honor.
You have to dismiss
with prejudice.
You at least need
to hold a hearing.
I have the right to
question Walsh under oath.
Let me save you the trouble.
My question was innocent.
The detective made
an error.
I specifically instructed him
not to refer
to MacIntyre's priors.
In no way did I
conspire with him.
Then I want to put
Helen Gamble on the stand.
Bobby--
There's no allegation
of misconduct
against Ms. Gamble.
The fact that--
Your Honor,
Mr. Donnell would prefer
a murderer walk
on a technicality.
I'm sure you don't want to
be the one to grant that wish.
Oh, don't lay this
at my doorstep.
I'm appealing to your
sense of justice.
When Mr. MacIntyre killed
Mr. Rossi last night,
he spit on your court.
When we go back out...
I will excuse the jury
and clear the room.
Then Ms. Gamble
will take the stand.
As I've already stated,
I have no proof that Mr. Walsh
intended to cause a mistrial.
Did he ever discuss
getting a mistrial
so he could restart
with a new trial?
We never discussed
anything like that.
I really don't think I can
help you here, Your Honor.
Whatever we discussed
is work product.
Ms. Gamble...
in your opinion,
did Mr. Walsh intend
to cause a mistrial?
Your Honor,
I strongly object.
My colleague has already stated
her opinion is completely
irrelevant
and inadmissible
work product.
Relax, Mr. Walsh.
You're not on trial.
There's no jury here.
This is a hearing,
and I would like to listen
to what Ms. Gamble
has to say.
Then, in principle,
I object to forcing DAs
to testify in this manner.
Already noted.
Ms. Gamble.
Your Honor, it seems the issue
does go to my opinion.
Then I'll rephrase
the question.
Do you have any basis
to believe
Mr. Walsh did intend
to cause a mistrial?
(sighs)
Yes.
Your Honor!
Sit down, Mr. Walsh.
Please explain why
you believe this.
We're having a problem
with our other witness.
She's in Florida, tending
to her hospitalized mother.
It was becoming clear
she probably wouldn't make it
back in time to testify.
On top of that,
Mr. Walsh made sure
to exclude me
when he prepped
Detective Simons.
He may have been colluding
with him at that point.
I also believe Mr. Walsh
has not been candid.
For example,
he suggested that Mr. Rossi
intended to implicate
MacIntyre again,
when, in fact, he's given us
no indication either way.
Your Honor,
I insist I be allowed
to cross-examine Ms. Gamble.
Your witness.
Isn't it true
that the witness
could have made it
back from Florida
in time to testify?
Possible, but unlikely.
And isn't it also true
that we could have asked
for a continuance?
Could have asked,
but when I raised
that possibility,
you rejected it.
Do you have any evidence
whatsoever
that I discussed
anything illegal
with Detective Simons?
No, I don't.
And you have no direct evidence
as to what I was thinking?
No.
If you believed I was
committing misconduct,
wasn't it your duty,
as an officer of the court,
to report me?
Maybe I should have.
Well, there are just
two possibilities--
Either you are complicit
in a conspiracy
to commit obstruction
of justice...
...or you are wrong.
I wasn't complicit
in a conspiracy.
But I had concerns.
I've heard enough.
This is still my witness,
Your Honor.
We will take a short recess,
after which,
I'll deliver my decision.
Jean Ward
for the Commonwealth.
Lindsay Dole
for the defense,
waive reading,
plead not guilty.
JUDGE: Question of bail.
Before addressing that,
Your Honor,
the Commonwealth moves
to disqualify Ms. Dole.
She is a material witness
about the crime in question.
What witness?
I'm his lawyer.
A conversation Ms. Dole
had with the defendant
will establish motive.
Your Honor, Eugene Young,
also for the defense.
My colleague cannot testify
where privilege applies.
According to Mr.
Sidlow's statement,
Ms. Dole instructed him
on what kind of crime
to commit
in order to get himself
incarcerated.
That's a lie.
Take it easy.
Counsel, approach.
Ms. Dole, did you instruct
your client
to rob a bank
so he could go to prison?
Again, I raise the issue
of attorney client privilege.
Mr. Sidlow waived that right
when he disclosed the contents
of his conversation
with Ms. Dole.
Now, please answer
the question.
(sighs)
I did explain the difference
between federal and
state crimes,
But only to answer
a client's question
about what he said
was a past crime.
You helped
get a woman killed.
The woman who was shot--
she died an hour ago.
That was not
my fault.
Ms. Dole, it sounds like
Ms. Ward's right.
You probably have to
disqualify yourself.
I will not testify
against my client.
Okay. Enough.
Ms. Ward, although I don't know
exactly what happened here,
let's be realistic--
this shouldn't go
to trial.
The defendant's confused.
He was unarmed.
Felony murder applies
only if the jury finds
that he consciously disregarded
risk to human life.
Therefore,
I strongly suggest
you get Mr. Sidlow
new counsel and settle this.
He wants to go to jail
anyway.
You're quitting on me?
But you're my lawyer.
Philly, the judge
disqualified me.
I'm not quitting.
Look... you aren't listening,
you haven't been listening.
I never told you
to rob a bank.
You did that on your own
and got me in trouble
in the process.
I'm sorry, Lindsay.
Why didn't you just
tell me the truth,
and give me the chance
to help?
I didn't want to get you
mixed up in something illegal.
You're a good person.
(sighs) look, there's nothing
I can do for you now.
I'm not your lawyer.
(sighs)
We shouldn't even be talking,
since privilege doesn't apply.
I was just trying
to save my life.
I didn't want to get
anyone killed.
I know, Philly.
I should go.
Lindsay, wait.
I know we can't talk
about the case, but...
I'll just sit here for a while
and keep you company.
(sighs)
That'd be good.
BAILIFF: All rise.
Be seated.
To dismiss a murder case
with prejudice...
to let a possible killer go free
merely because
of prosecution error
is not only the most extreme
and frowned-upon remedy
available to a court,
it offends our sense
of right and wrong.
It makes a mockery of our most
basic sense of fairness.
Don't misunderstand me,
prosecutorial misconduct
is a problem.
But to deny justice
in order to save justice
makes no sense.
And as the record clearly shows,
I have no smoking gun here--
no direct evidence
that Mr. Walsh
did knowingly and intentionally
cause a mistrial.
The most Ms. Gamble
could offer me was her opinion.
I won't make a ruling
on such an important matter
purely on speculation.
However...
I am required to consider
the totality of the facts
supporting these allegations,
as well as the credibility
of the parties involved.
This is not the first time
I've had Mr. Walsh before me.
This year alone,
I have seen a man
I have always respected
employ what I consider to be
sharp and unethical practices.
He has become increasingly
less candid and honest.
In his effort to do justice,
he has perverted it.
Here he misled the court
about the availability
of a witness I now learn
is in Florida.
It has to stop.
I, therefore,
sadly have no choice
but to find that Mr. Walsh
did intend to cause a mistrial
in an effort to obtain
a new trial.
The case against the defendant
is dismissed with prejudice.
Mr. MacIntyre...
you are free to go.
Your Honor...
may I be heard?
I have ruled, Mr. Walsh.
Then for the record,
let me say we are filing
an immediate appeal
to have your ruling
reversed.
Your decision is unjust,
unconscionable,
and wholly unsupported
in law or fact!
It is a reflection
of this court's animus
against me and my office,
and will form the basis
of my personal complaint
to the judicial council!
Mr. Walsh--
I'm not finished!
Your decision to put a killer
back on the street
should not go unpunished!
It is my hope
the legislature will consider
appropriate actions,
including possible impeachment.
You crossed the line...
a long time ago, Mr. Walsh.
I ascribe your
inappropriate response
to the fact that
ultimately you know
this whole disaster
is your fault.
This court is adjourned.
That's it? It's over?
Yeah, Michael, it's over.
(sighs) Hey, thanks.
Send me the bill.
(door opens)
You accused me
of perjury, Helen.
Look, I did my ethical duty.
What excuse do you have
for ripping me apart up there?
I was trying to save
this case, Helen.
I wasn't railroading
an innocent man.
I wanted to give MacIntyre
the fair trial
he was avoiding
by killing a witness.
PATRICIA: He's going free?
Patricia...
we are so sorry.
You made this happen.
How can you tell me
that you're sorry?
I had to testify
truthfully.
The truth is Michael MacIntyre
took my father's business,
then took his life.
And you let him get away.
I did my ethical duty.
Only because
you were dragged into it.
You're not a hero.
(music playing)
You stinker!