The Practice (1997–2004): Season 6, Episode 18 - The Return of Joey Heric - full transcript
Joey Herric returns to the firm, surprising everybody when he declares he has passed the bar, and is now a lawyer. He asks for Bobby and Ellenor's help in his first trial, a murder case, where he represents a man accused of killing a woman he was having an affair with. As the trial progresses, they become frustrated when Joey doesn't seem to really be needing their help - until the real reason he wanted them to be there is finally revealed.
DOLE:
Previously on The Practice...
BERLUTI: You were smoking crack
with an eight-month baby.
Please just get me out!
BERLUTI: If I get you out,
you go into rehab immediately.
I promise.
DOCTOR: The placental lining
started to come loose
from the uterine wall,
and there was cocaine
in her body.
The baby?
DOCTOR: Little girl,
three and a half pounds.
I'm sorry, Jimmy.
Okay.
DONNELL: This is unbelievable!
Two lovers
and they're both dead?
What, you think just
because you got away
with it last time,
you can get away
with it whenever?
Yes.
DOCTOR: He has a narcissistic
personality disorder.
He commits a crime
where it's impossible
not to convict him,
and the game is still
getting away with it.
Well, win or lose.
Won't this be fun?
Were you trying to wrestle
the knife away,
or were you trying
to kill him?
It went into him
during the struggle.
It went in by accident?
How many ways can I say it?
MAN: We find the defendant,
Joseph Heric,
not guilty.
(music playing)
(horns honking)
God, she's really
getting a personality.
DONNELL: All right,
I'm out of here.
Who'd you kill?
Good to see you, too, Ellenor.
Have you put on weight?
We're busy, Joey.
Who'd you kill?
Very cute.
Well, can't anybody say,
"Hey, good to see you?"
(baby chuckles)
Whose is that?
Mine. What are you doing here?
You have a baby?
DONNELL:
Joey, why are you here?
Why don't we start by asking
where I've been
for the last three years?
Law school.
Ta-da!
Passed the bar in February.
We're now all learned brothers.
You're a lawyer?
And a good one, so far.
YOUNG: Wait, wait, wait.
You went to law school,
took the bar exam?
HERIC:
It was my therapist's idea.
He thought one way
of weaning myself off
of killing people
was to help others
who did get away with it.
I've got a case now
that's why I'm here.
Case? What kind of case?
Homicide.
I don't slum.
The problem I'm having is this,
I think the kid might
actually be innocent.
And as good as I am,
my conscience says
I should bring someone else
on board with experience.
FRUTT: So, in addition
to getting a law degree,
you also picked up
a conscience?
Drives like new,
hardly any miles on it.
But seriously, Bobby,
I'd never admit this publicly,
but I could really
use some help.
It starts tomorrow.
Tomorrow?
HERIC: Yeah.
I'm ready.
I can do this.
And I could do it alone.
I'm prepared to if I have to,
but to be honest,
with an innocent kid's life
on the line,
believe it or not,
I don't want to.
Come on, what do you say?
You, me, Ellie,
it'll be fun.
Just like old times.
(music playing)
WASHINGTON:
You're actually helping him?
And you?
FRUTT: Come on.
I can't resist.
But he's a murderer.
We only know that
because we represented him.
DOLE: Even so, we also know
he's clinically sick.
Look, the ship has sailed.
I'd said I'd help.
Jimmy, it's someone
from Brigham Hospital.
Jimmy Berluti.
WOMAN (over PA):
Dr. Myser to x-ray.
Dr. Myser to x-ray.
(music playing)
Hi.
I'm sorry, Jimmy.
Hey. Shh.
This is Lucy Hatcher.
She works with me.
She also works
for Rape Crisis.
I feel so stupid.
What happened?
You're gonna be mad, Jimmy.
I'm still a...
Prostitution?
JENNIFER: It was a trick.
He just went crazy.
I don't--I'm so sorry.
Where's your baby?
She's with a friend.
She's okay.
So, what happened?
One of your tricks
beat you up?
He raped me.
And then he beat me up.
He raped you?
The sex wasn't consensual?
No.
I mean, it probably
would have been.
I mean,
we went to a room, too.
But as soon as we got there,
he just wigged out.
It was like he had this thing
against hookers,
like we were evil.
I told him to get out,
and he raped me.
Do you think
you might recognize him
if the police showed
you some photographs?
He gave me his name.
I told it to the police.
ROLAND: The body
of Jean Homestead was found
in an alley off
of Tremont Street,
a deep gash in the back
of her head,
the apparent victim
of a mugging.
That's the way it looked
because that's the way
that Daniel Carrington
wanted it to look.
But that is not the way
she died,
ladies and gentlemen.
The evidence
will show overwhelmingly,
the defendant drove
to the victim's house,
murdered Mrs. Homestead
in her bedroom,
then drove her body back
into Boston
and dumped her
into that alley.
The evidence will establish
the defendant
and the victim were
having an affair.
And when the victim tried
to end the relationship,
the defendant murdered her.
The homicide rate
in this country,
this city,
our city,
the proud City of Boston,
is starting to climb.
And people,
people like me,
you, are getting damn
sick of it.
For one, I'm fed up
with exalting civil rights
to the point
where the criminal
enjoys more constitutional
privileges than we do.
Enough already!
If a person kills
another human being,
I don't give a rat's ass
whether he suffers
from schizophrenia,
substance abuse,
or an overbearing mother.
I say put the son
of a bitch in jail.
That's how I feel.
It may be how some
of you feel, too.
It's certainly how
the government feels,
and I salute them for it.
But,
every once in a while,
in their zeal,
their haste
to make sure a murder
is avenged,
they get it wrong,
and they arrest
the wrong person.
My heart goes out
to Jean Homestead's husband
sitting there,
and her son.
We all wanna catch the person
who killed Jean Homestead.
But Daniel Carrington
is not that person.
They've arrested
the wrong man.
Jimmy, the police
questioned the guy.
What's his story?
Yeah.
They went back
to her place,
he didn't know
she was a hooker.
After they had sex,
she announced she was,
tried to extort him
for $10,000,
he refused and left.
And you believe that?
Jimmy, the examination
didn't reveal
any vaginal bruising
or tearing.
You see her face?
You think she did
that to herself?
I can't rule out
the possibility that she did.
Why?
This is a hooker
with a drug problem.
Listen, even if
she's telling you the truth,
a prostitute takes a man
to a room to have sex,
then claims the sex
wasn't consensual.
I'm not that good a DA.
Both blows came to the back
of the skull.
The second one,
this one,
was fatal.
It crushed both the skull
and the brainstem.
Death likely came instantly.
ROLAND: And did you make
any other findings
that you find significant?
JOSH: Several.
There were no other bruises,
scratches,
no skin scrapings
under her nails,
no indication of a struggle.
And what did that tell you?
JOSH: Well, that
it's highly unlikely
she was mugged,
or overpowered.
Much more likely,
she was simply struck
on the back of the head.
ROLAND: Anything else?
JOSH: We found small traces
of semen in the vaginal area.
We submitted samples
for DNA analysis.
They were an exact
genetic match
with the defendant.
ROLAND: Thank you, Doctor.
First of all, Doctor,
let me applaud you
on your ability
to crunch your testimony.
So many experts,
especially doctors,
just rattle on
in such technical talk,
it's either boring
or incomprehensible.
I salute you, sir.
Thank you.
I probably shouldn't
be admitting this,
but I can't take issue
with a single thing you said.
I agree with all of it.
So, I'm going to sit down
so we can move on.
Oh, I'm sorry.
There is one thing.
It is possible for her
to be mugged
and dragged
into the alleyway
without showing
any physical signs,
such as bruising
or fingernail scrapings?
Yes, it's possible.
Excellent. Thanks.
Oh, oh, one other thing.
If my client had had intercourse
with the victim several hours
before her death,
semen evidence
could still be found,
couldn't it?
Yes.
HERIC: So it's possible
my client
and the victim had sex,
she was later hit on the head
and killed by somebody else?
Your findings don't exclude
that possibility,
do they, Doctor?
No.
Thank you.
How'd I do?
He raped me.
And it would be your word
against his.
Do you know who he is?
Russell Mathis.
He's a very prominent Lawyer.
He would be perceived
to be more credible
than a hooker
with a drug history.
Look, I'm your friend.
There's nothing
to be done here.
YOUNG: Maybe not criminally.
I would think
Mr. Mathis would like us
to go away without any noise.
(music playing)
I'll go pay him a visit, Jimmy.
JEAN (over recording):
I'm ending it now, Danny.
I can't see you anymore.
I'm married,
and the truth is,
you're beginning
to frighten me a little.
I just need you to stay away.
That was identified
as the voice of the victim?
Identified
by her husband, yes.
ROLAND: Where was this message
found, Detective?
On the defendant's voicemail,
recorded six minutes
past 9:00 on January 17th.
ROLAND: And according
to the coroner's findings,
when did Mrs. Homestead die?
Her body temperature indicated
that she died about 10:00 PM
that same night.
Did you make any findings
as to where she died,
Detective?
Our conclusion
was that she died
in her own bedroom.
There were microscopic
blood splatterings
on her bedpost
as well as the carpet.
The blood matched up
genetically to the victim.
We believe
she was killed there
and then moved.
Any other evidence
lead you to this?
We also found microscopic
blood splatterings
in the defendant's car,
blood that also belonged
to the victim.
Thank you, Detective.
Well, things really look bleak
for our side,
don't they?
Now, I imagine
that's why
you arrested my client.
The phone message,
the blood splatterings,
the affair--
well, come to think of it,
that would be it,
wouldn't it?
I mean, that's your entire case,
blood, phone message,
and affair.
Right, Detective?
And his semen.
Right. Well,
I was sort of including
that with "affair."
Any weapon?
No.
Any evidence,
physical, forensic,
testimonial that my client
was in the victim's bedroom
that night?
His semen.
Well, the coroner
has already admitted
that they could
have made love earlier,
maybe even someplace else.
Do you disagree with
the coroner on that, Detective?
No.
HERIC: And this blood
you're talking about,
"microscopic," you said.
So, if we took all this blood
and pooled it together,
the blood you found
both in her bedroom
and my client's car,
more or less than
a paper cut, Detective?
Probably less.
Gee, it doesn't look as bad
for us as I thought.
Objection!
Is it wise to be smug, Joey?
HERIC: Oh, Danny,
that was nothing.
Ask Ellenor.
Have they offered
any kind of plea here?
Second degree,
it's laughable.
DONNELL:
What are you willing to take?
We thought an acquittal
would be nice.
Yes, besides that.
Danny, would you
consider manslaughter?
Joey thinks we can win.
DONNELL: This is Joey's
first murder trial.
Bobby!
He needs to hear that, Joey.
What? You don't think
we can win?
Yes, you have a shot here.
But your lawyer's opinions
are colored by his ego.
Bobby!
This is what you get
for making me second chair.
If you don't already know this,
you need to as we go forward.
(music playing)
I've trusted Joey this far.
I'm going to keep
trusting him.
How is he?
FRUTT: He's good.
The jury loves him.
It kills me to admit it.
HERIC: Admit what?
Hi, Helen.
Do you know I've been having
these nasty little
hetero dreams of you?
What?
DONNELL: Joey, the blood
in the car
is a problem.
I hope you don't plan
to argue "paper cut."
HERIC: Oh, no.
The beloved husband is up next.
He's what you call
"Plan B."
Wait a second.
He has no alibi!
FRUTT: It doesn't matter.
Do you have any evidence
that he killed her?
No.
Well, then, you don't "Plan B,"
not the widower.
Ellenor.
FRUTT: If you accuse
the husband with nothing
to back up the accusation,
your client will get convicted.
I agree.
HERIC: Bobby, Ellenor,
I recognize that I don't
have your experience,
but one thing
I do know, "Plan B,"
that's where the practice
of law is delicious.
PAULINE: Mr. Berluti,
Mr. Mathis can see you now.
You can close the door, Pauline.
Yes, sir.
It's the conclusion
of a Rape Crisis Counselor
that she was raped.
She tells me she was raped,
and I believe her.
You believe her?
Your client set me up,
Mr. Berluti.
She had relations,
only then to tell me
what her occupation was.
And then she attempted
to extort me.
Did she give herself
the black eye?
RUSSELL: Perhaps she did.
I assure you I didn't.
Why are you here?
The District Attorney's Office
has to prove its case
beyond all reasonable doubt.
In civil cases,
as you know,
the burden is much less.
She makes
for a credible witness.
Get to the punch line.
We settle now
or sue you tomorrow.
(music playing)
None of those people
would ever know.
On your way out,
Mr. Berluti,
take a glance
at the artwork on the walls.
We are a very rich law firm,
Mr. Berluti.
It's a byproduct
of having many
excellent lawyers.
Go forward
with this extortion,
I'll deploy the attorneys here
to destroy both your client
and you.
And that's not extortion?
No, it isn't,
because I didn't rape
your client.
You may leave now, Mr. Berluti.
(music playing)
I thought maybe Jean
was out with friends,
though it wasn't like her
not to leave me a message.
And finally,
around midnight,
I began calling some
of her friends,
and then at 3:00 AM,
I phoned the police.
Mr. Homestead, I know that
this is very difficult, sir,
but did you have knowledge
of your wife's affair
with the defendant?
I had learned about it
a week before.
ROLAND:
And how did you find out, sir?
Jeannie had been in therapy,
and her therapist
implored with her
that she tell me.
And as a result
of your finding out, you...
We had some
very severe arguments,
ending with a recommitment
by both of us
to our marriage.
ROLAND:
And as for the defendant?
She planned to break
it off with him.
Do you know
if she did that, sir?
She said she had
three conversations
telling him that he--
Objection, hearsay.
Withdrawn.
Joey.
Let it in, Ellenor.
No, this is--
HERIC: The objection
is withdrawn, Your Honor.
I think we should
all hear this.
Would you continue, sir?
MICHAEL: She said that
he was having a difficult time
accepting that they would
not be seeing
one another again.
Jean even thought
that she might eventually
have to get
a restraining order.
Why?
She was becoming afraid of him.
ROLAND: Did she use
that word, sir,
"afraid?"
Yes.
She was concerned
that he might try
to hurt her.
Thank you, sir.
Well! Now I wish
we hadn't withdrawn
our objection at all
if I knew you were
going to say that.
Mr. Heric.
HERIC: So, your wife
told you the things
she had been discussing
with her therapist?
Yes.
Had she engaged
in any other affairs?
Not to my knowledge, no.
Had she talked to you,
perhaps, about being unusually
attracted to a younger man,
an attraction that both she
and her therapist
considered unhealthy?
Mr. Homestead,
did she tell you
if she had been sexually
attracted to another man,
a younger man?
Yes.
A man that she had once
even kissed?
Yes.
HERIC: Sir, do you see that man
in the courtroom today?
Yes.
Could you identify him
for the court, please?
My son,
her stepson.
(music playing)
Well, isn't this exciting?
Objection!
Withdrawn.
For how many hours
were you home alone
before notifying the police
that your wife was missing?
I don't know.
Around five hours.
Forgive me, sir,
but I have to ask the question
that's on everybody's mind.
Did you kill your wife?
ROLAND: Objection!
Overruled.
Obviously,
it wasn't over like she said
between her and my client.
They found his sperm.
She clearly lied to you.
She has an affair.
You learned she kisses
her stepson,
your son.
Then you find out she's lying
and still sleeping with the man
she claims to be afraid of.
If indeed she said that,
only you know for sure.
Did you kill your wife?
No,
I did not.
I don't believe you.
Objection!
Mr. Heric?
Nothing further, Your Honor.
FRUTT: He doesn't
need us, Bobby.
He's not even letting us in
on all of his cards.
We're simply sitting
in a courtroom
as spectators
to be impressed,
which is exactly
what his narcissistic disorder
is all about.
He needs other people
to see his achievements
in order for him to enjoy them.
Well, we can't get out now,
Ellenor.
(knocking on door)
FRUTT: We were just talking
about you, Joey.
Nice little bombshell.
Wasn't it, though?
Why didn't you tell us
about it?
Oh, come on.
It'd ruin the surprise.
Now the question becomes,
"Do I let Daniel testify?"
Things are going so well.
Does he have any skeletons?
Not that I'm aware of.
Then he has to testify.
He has to explain the semen.
And the blood in his car.
I could rest now,
argue, they didn't make
their burden.
DONNELL: Joey,
things aren't going that well.
You need to put him up there.
BERLUTI: I'll do
whatever you want,
but, Jennifer, we're not going
to win this.
He's prepared to put an army
of lawyers on this.
I think
we should just let it go.
The man rapes me,
and I'm supposed
to just let it go?
(door opens)
(music playing)
Mr. Berluti?
Yes.
(music playing)
First,
I'm going to deny
saying everything
I'm about to tell you.
Okay.
I don't know if Mr. Mathis did
what you're saying he did.
But there's a junior partner
at my firm,
he keeps asking me
what's going on.
It's like he's too interested,
you know?
I think he knows something.
What's his name?
(music playing)
PAULINE: Like I say,
we never had this conversation.
Jimmy,
draft a complaint.
Move for an emergency
deposition to be taken
prior to filing the complaint.
Can you do that?
YOUNG: But if there's
a danger,
the evidence could be lost.
This junior partner will have
a lot of pressure
put on him.
You need to get him
in a room now
and put him under oath.
(music playing)
Why not just file
the complaint, Counsel?
BERLUTI: We're happy
to do that, Your Honor.
I would think the defendant
would seek to explore ways
of making this go away
before we file
since filing makes it
public record.
That kind of threat
is evidence of the extortion.
Look, I have the automatic right
to depose him after we sue.
We're happy to take that route.
WARREN: Mr. Berluti,
don't insult me.
The only reason
you're not formally suing
is because by doing so,
your card is played,
and you'll lose leverage.
This thing
has a bad stench to it.
But, Mr. Miles,
it's not a question
as to whether he can depose
this lawyer.
This motion only covers timing.
We're even willing to come
to your place.
WARREN: I'm going to allow
the deposition.
But, Mr. Berluti,
like I say,
I don't like the stench.
We had gone to a club.
At 6:00 PM?
That's a little early,
isn't it?
It was an underground club,
mostly gay.
But a lot of heterosexuals
went there primarily
to have sex.
They had sex in the club?
Yes.
HERIC: And you
and Jean Homestead
went to this club
on the night of the murder?
Yes.
HERIC: Daniel,
what did you do there?
We danced,
we made love.
What time did you leave?
Probably around 8:00 or 9:00.
I drove her home.
HERIC: Did you go inside?
No,
I dropped her off
then I went home.
HERIC: You never went back
to her house?
No.
HERIC: Well, did you receive
her phone message?
DANIEL: No,
that message was left
on my business cell,
which she would know
I wouldn't get.
That message was left
to set me up.
Objection.
Sustained.
HERIC: Then, what about those
microscopic traces of blood
that were found in the backseat
of your car?
I have no idea.
She'd certainly been
in the backseat of my car
many times.
We'd--
Sometimes we even made
love there.
Anybody see you
and Mrs. Homestead
at this club?
I'm sure people did
but no one's come forward.
It's funny how
not one waitress,
not one bartender,
not one patron
remembers seeing you there.
It's a pretty crowded place.
Any witnesses to establish
that you were home alone
the night of the murder?
Well, if there were witnesses,
I wouldn't have been alone.
Ever been convicted
of a felony,
Mr. Carrington?
(music playing)
Once.
Many years ago.
What was it?
Assault.
ROLAND: Assault and battery.
You beat up a girlfriend,
didn't you, Mr. Carrington?
I pushed her.
ROLAND: Pushed her
and she was hospitalized
with three broken ribs,
wasn't she, Mr. Carrington?
(music playing)
Did you know
about that conviction?
HERIC: So what?
He was only 19 at the time.
It doesn't matter.
That felony was reason enough
to keep him off the stand.
HERIC: You told me
to put him on.
DONNELL: We didn't know
he beat up a former girlfriend.
HERIC: Well, the jury
had to hear his story.
DONNELL: How about you
letting us in
on all the facts from now on?
Just help me prepare
my closing.
We'll meet you back
at the office.
I have no information
whatsoever.
What's your relationship
with Mr. Mathis?
I work with him.
We're both lawyers
in the same firm.
BERLUTI:
Do you socialize together?
MARK: No, we do not.
Were you in the
Palmer House Hotel
on the evening of April 12th?
No, I was not.
BERLUTI: Do you have
any information
concerning the events
involving Mr. Mathis
on April 12th?
Asked and answered.
MARK: I will answer it again.
I don't know
what you're talking about,
and I have no information.
Do you know Jennifer Cole?
No, I do not.
Ever heard of her before?
Only in connection
with this lawsuit.
Okay.
We're done.
You can go, Mark.
You also, please.
If you go forward
with this lawsuit,
Mr. Berluti,
this is the counterclaim
that awaits you.
Never mind abuse of process.
There are counts of libel,
defamation of character.
You can't sue me for what I
allege in a complaint.
MATHIS: Oh, we will.
And, truthfully,
I hope we lose
the first go-round.
That'll give us a chance
to go to the appeals court,
possibly the S. J. C.
I hope you like working
on this case, Mr. Berluti,
because for the next
three years,
you'll have time
for little else.
(door opens)
Sorry we're late.
We were held up in court,
and we all wanted
to come over together.
What is this?
YOUNG: This is an army,
Mr. Mathis.
(music playing)
YOUNG: See, you may have thought
to yourself,
"Nobody's gonna take up
the cause
of a lowly prostitute,"
but you were wrong.
Jennifer Cole is a friend
of this firm.
We care about Jennifer Cole.
We stand committed
to exercising
Jennifer Cole's rights.
I guess what I'm trying
to say, Mr. Mathis,
if you want a war,
you've got one.
MATHIS: You think
you're ready to challenge
the resources
of this law firm?
Do some research.
We've been up
against big firms before
and beaten them
for a lot of money.
A reputation
is a terrible thing to waste,
Mr. Mathis.
You people are what give lawyers
a bad name.
WASHINGTON:
No, lawyers who rape
give us a bad name.
DONNELL: Look,
we can fight
or we can settle this,
but like Eugene Young said,
if it's a fight you want,
you're in for a big one.
And, win or lose,
you lose.
(music playing)
(music playing)
$175,000,
all conditioned
on total confidentiality.
A hundred and seventy-five
thousand?
I think we should take it.
Okay.
We'll have the check tomorrow.
Thank you.
Thank you.
Thank you all.
But, Jennifer, listen.
This guy, Mathis,
if he's capable of rape,
we just left him pretty hot.
I don't want you ever...
going back to the Palmer House.
I won't.
BERLUTI: You have a little girl,
Jennifer.
She needs you.
The other night,
you could have been killed.
You need to start over.
I will, Jimmy,
and not just for her,
but for you.
You don't owe me nothing.
I owe you my life, Jimmy,
and I'll never forget it.
(music playing)
ROLAND: She told her husband
she feared Daniel Carrington,
feared that he might hurt her,
and she's found dead.
Dead with traces
of Daniel Carrington's
semen in her.
Her blood is found
in Daniel Carrington's car.
Come on.
He previously beat up
and hospitalized
another girlfriend.
All the evidence
in this case points to him,
and what's his story?
They made love in a bar?
Nobody saw them in this bar,
not one patron,
not one waitress or bartender.
There was a message
from the victim
breaking off the relationship.
A message...
to the defendant
left one hour
before she was murdered.
There is no doubt here,
ladies and gentlemen.
Daniel Carrington
murdered Jean Homestead.
I certainly understand
the theory
that Danny did it.
His sperm,
the blood,
phone message,
it makes perfect sense
to jump to that conclusion,
doesn't it?
But we don't jump
to conclusions
in murder trials.
The evidence
has to establish guilt
beyond all reasonable doubt.
Now, have they really done
so here?
They certainly didn't rule out
that they made love at the club
or that Danny was alone at home.
And let's face it.
We really can't rule out
the husband,
can we?
He had motive,
opportunity,
no alibi.
What about the stepson,
for that matter?
Hmm? Any stepson
embroiled in an Oedipal affair
is certainly capable
of twisted turns.
It doesn't even stop there.
Suppose Danny Carrington
had another lover.
No evidence, to be sure,
but they
didn't even investigate that.
And is it really
that far-fetched?
The other lover
gets wind of the little session
at the club,
goes to the victim's house,
threatens her,
forces her to make
that phone call
to implicate Danny.
Then he or she kills the woman,
dumps her in the alley,
knowing full well
who the police will blame.
He or she even plants
that little blood speck
in his car.
Now, Danny is
the obvious suspect,
but it could have been anybody,
maybe one of you,
maybe the judge,
maybe me.
(music playing)
Now,
could have been a bonehead,
stupid murder by Danny
or one of the more
perfect variety
by somebody else to frame him,
the husband,
the stepson,
a female lover,
a big, gay,
sick lover, anybody.
The simple truth is,
we don't know,
certainly not beyond
all reasonable doubt.
(music playing)
They sent you with the check?
No, the check is coming
by messenger.
May I see you in private,
Mr. Berluti?
(door locks)
I'm a man of conscience,
which made yesterday
one of the most difficult days
in my life.
I lied in my deposition,
Mr. Berluti.
I had a hunch.
I don't think you had this
particular hunch.
About six weeks ago,
I met Jennifer Cole
in the Palmer House.
She passed herself off
as a young advertising
executive.
We got a room, we made love,
after which, she informed me
that she was a prostitute
and if I didn't give her
$10,000,
she would tell my wife
or cry "Rape."
Here's a copy of my check.
There's nothing to be done now.
Your case is settled.
But these are people
with families,
Mr. Berluti.
It's difficult for me
to stay quiet
knowing she's going
to do this again.
(door opens and closes)
Did you kill her?
HERIC: Bobby, I was throwing out
a hypothetical.
DONNELL:
I don't think so, Joey.
This totally fits
your narcissistic disorder.
The only reason
we were at that table
was to be an audience
for that smile.
You did it,
and you wanted us to know
you did it.
HERIC: You've been watching
too much television.
DONNELL: Did you and Danny
used to be lovers?
Well, now that you mention it,
that's how I got the case.
DONNELL: I'm going to the D. A.
HERIC: Oh, please, Bobby.
The jury's out.
If we win,
you've got nothing to say.
If we lose,
well, D. A. s just love
to throw out convictions,
don't they?
I'm sure he'll be thrilled
to listen.
FRUTT: I think you wanna lose.
That's why you put your guy
on the stand
with a felony conviction
and that closing?
HERIC: Well, wait, wait.
What was wrong
with my closing?
FRUTT: It was ridiculous.
"Maybe the judge did it,
maybe a juror did it?"
I also said,
"Maybe the lawyer did it."
That part, you seem to believe.
DONNELL: You killed her.
HERIC: Bobby,
Bobby (chuckles) Bobby,
you think I'm evil?
DONNELL: You murdered his lover,
framed him,
got yourself put on
as his lawyer
to guarantee he goes away.
Well, I must say, it does sound
worthy of me.
(music playing)
Hi, everybody.
(laughs) What's the matter?
The name "Mark Greene"
didn't ring a bell with you,
Jennifer?
You cashed his check.
You did the same thing to him
you did to Mathis.
Here's your check.
Take it,
walk out of this office,
and never come back here again.
These people are rich, Jimmy.
It's expensive
raising a child, and...
BERLUTI: The biggest problem
your child has
is having you for a mother.
If I hear of this happening
ever again,
I'll go to the police
and to Social Services
to take that child away
from you.
Take the check,
walk out,
and never come back.
(music playing)
I'm so nervous.
PATRICK: Will the defendant
please rise?
Madam foreperson,
has the jury reached
a unanimous verdict?
We have, Your Honor.
What say you?
FOREPERSON: In the matter
of the Commonwealth
versus Daniel Carrington,
on the charge of murder
in the first degree,
we, the jury,
find the defendant,
Daniel Carrington,
guilty.
HERIC: We will appeal,
Your Honor.
So noted.
Members of the jury,
this completes your service.
Security, will you take
the defendant into custody?
We're hereby adjourned.
(gavel bangs)
HERIC: Danny, listen,
don't lose hope.
We will keep trying.
But what happens now, right?
HERIC: We're gonna come
right in.
We're gonna start talking
about our appeal.
Now, Danny, don't lose hope.
Don't lose hope, Danny.
Remember,
in the end,
it's a good world.
Well,
I guess you can't win them all.
If I can figure out a way
to reveal what I know, I will.
HERIC: Certainly you know
the allegation
that I tried to lose a case
would be libel, per se.
Listen, come on,
sometimes you have to accept
unfortunate outcomes.
All part of being a lawyer,
isn't it?
Right, Ellie?
Well, if you'll excuse me,
I'm wanna go try to dig up
some new clients.
(chuckles)
Till we meet again.
(music playing)
(music playing)
WOMAN: You stinker.
Previously on The Practice...
BERLUTI: You were smoking crack
with an eight-month baby.
Please just get me out!
BERLUTI: If I get you out,
you go into rehab immediately.
I promise.
DOCTOR: The placental lining
started to come loose
from the uterine wall,
and there was cocaine
in her body.
The baby?
DOCTOR: Little girl,
three and a half pounds.
I'm sorry, Jimmy.
Okay.
DONNELL: This is unbelievable!
Two lovers
and they're both dead?
What, you think just
because you got away
with it last time,
you can get away
with it whenever?
Yes.
DOCTOR: He has a narcissistic
personality disorder.
He commits a crime
where it's impossible
not to convict him,
and the game is still
getting away with it.
Well, win or lose.
Won't this be fun?
Were you trying to wrestle
the knife away,
or were you trying
to kill him?
It went into him
during the struggle.
It went in by accident?
How many ways can I say it?
MAN: We find the defendant,
Joseph Heric,
not guilty.
(music playing)
(horns honking)
God, she's really
getting a personality.
DONNELL: All right,
I'm out of here.
Who'd you kill?
Good to see you, too, Ellenor.
Have you put on weight?
We're busy, Joey.
Who'd you kill?
Very cute.
Well, can't anybody say,
"Hey, good to see you?"
(baby chuckles)
Whose is that?
Mine. What are you doing here?
You have a baby?
DONNELL:
Joey, why are you here?
Why don't we start by asking
where I've been
for the last three years?
Law school.
Ta-da!
Passed the bar in February.
We're now all learned brothers.
You're a lawyer?
And a good one, so far.
YOUNG: Wait, wait, wait.
You went to law school,
took the bar exam?
HERIC:
It was my therapist's idea.
He thought one way
of weaning myself off
of killing people
was to help others
who did get away with it.
I've got a case now
that's why I'm here.
Case? What kind of case?
Homicide.
I don't slum.
The problem I'm having is this,
I think the kid might
actually be innocent.
And as good as I am,
my conscience says
I should bring someone else
on board with experience.
FRUTT: So, in addition
to getting a law degree,
you also picked up
a conscience?
Drives like new,
hardly any miles on it.
But seriously, Bobby,
I'd never admit this publicly,
but I could really
use some help.
It starts tomorrow.
Tomorrow?
HERIC: Yeah.
I'm ready.
I can do this.
And I could do it alone.
I'm prepared to if I have to,
but to be honest,
with an innocent kid's life
on the line,
believe it or not,
I don't want to.
Come on, what do you say?
You, me, Ellie,
it'll be fun.
Just like old times.
(music playing)
WASHINGTON:
You're actually helping him?
And you?
FRUTT: Come on.
I can't resist.
But he's a murderer.
We only know that
because we represented him.
DOLE: Even so, we also know
he's clinically sick.
Look, the ship has sailed.
I'd said I'd help.
Jimmy, it's someone
from Brigham Hospital.
Jimmy Berluti.
WOMAN (over PA):
Dr. Myser to x-ray.
Dr. Myser to x-ray.
(music playing)
Hi.
I'm sorry, Jimmy.
Hey. Shh.
This is Lucy Hatcher.
She works with me.
She also works
for Rape Crisis.
I feel so stupid.
What happened?
You're gonna be mad, Jimmy.
I'm still a...
Prostitution?
JENNIFER: It was a trick.
He just went crazy.
I don't--I'm so sorry.
Where's your baby?
She's with a friend.
She's okay.
So, what happened?
One of your tricks
beat you up?
He raped me.
And then he beat me up.
He raped you?
The sex wasn't consensual?
No.
I mean, it probably
would have been.
I mean,
we went to a room, too.
But as soon as we got there,
he just wigged out.
It was like he had this thing
against hookers,
like we were evil.
I told him to get out,
and he raped me.
Do you think
you might recognize him
if the police showed
you some photographs?
He gave me his name.
I told it to the police.
ROLAND: The body
of Jean Homestead was found
in an alley off
of Tremont Street,
a deep gash in the back
of her head,
the apparent victim
of a mugging.
That's the way it looked
because that's the way
that Daniel Carrington
wanted it to look.
But that is not the way
she died,
ladies and gentlemen.
The evidence
will show overwhelmingly,
the defendant drove
to the victim's house,
murdered Mrs. Homestead
in her bedroom,
then drove her body back
into Boston
and dumped her
into that alley.
The evidence will establish
the defendant
and the victim were
having an affair.
And when the victim tried
to end the relationship,
the defendant murdered her.
The homicide rate
in this country,
this city,
our city,
the proud City of Boston,
is starting to climb.
And people,
people like me,
you, are getting damn
sick of it.
For one, I'm fed up
with exalting civil rights
to the point
where the criminal
enjoys more constitutional
privileges than we do.
Enough already!
If a person kills
another human being,
I don't give a rat's ass
whether he suffers
from schizophrenia,
substance abuse,
or an overbearing mother.
I say put the son
of a bitch in jail.
That's how I feel.
It may be how some
of you feel, too.
It's certainly how
the government feels,
and I salute them for it.
But,
every once in a while,
in their zeal,
their haste
to make sure a murder
is avenged,
they get it wrong,
and they arrest
the wrong person.
My heart goes out
to Jean Homestead's husband
sitting there,
and her son.
We all wanna catch the person
who killed Jean Homestead.
But Daniel Carrington
is not that person.
They've arrested
the wrong man.
Jimmy, the police
questioned the guy.
What's his story?
Yeah.
They went back
to her place,
he didn't know
she was a hooker.
After they had sex,
she announced she was,
tried to extort him
for $10,000,
he refused and left.
And you believe that?
Jimmy, the examination
didn't reveal
any vaginal bruising
or tearing.
You see her face?
You think she did
that to herself?
I can't rule out
the possibility that she did.
Why?
This is a hooker
with a drug problem.
Listen, even if
she's telling you the truth,
a prostitute takes a man
to a room to have sex,
then claims the sex
wasn't consensual.
I'm not that good a DA.
Both blows came to the back
of the skull.
The second one,
this one,
was fatal.
It crushed both the skull
and the brainstem.
Death likely came instantly.
ROLAND: And did you make
any other findings
that you find significant?
JOSH: Several.
There were no other bruises,
scratches,
no skin scrapings
under her nails,
no indication of a struggle.
And what did that tell you?
JOSH: Well, that
it's highly unlikely
she was mugged,
or overpowered.
Much more likely,
she was simply struck
on the back of the head.
ROLAND: Anything else?
JOSH: We found small traces
of semen in the vaginal area.
We submitted samples
for DNA analysis.
They were an exact
genetic match
with the defendant.
ROLAND: Thank you, Doctor.
First of all, Doctor,
let me applaud you
on your ability
to crunch your testimony.
So many experts,
especially doctors,
just rattle on
in such technical talk,
it's either boring
or incomprehensible.
I salute you, sir.
Thank you.
I probably shouldn't
be admitting this,
but I can't take issue
with a single thing you said.
I agree with all of it.
So, I'm going to sit down
so we can move on.
Oh, I'm sorry.
There is one thing.
It is possible for her
to be mugged
and dragged
into the alleyway
without showing
any physical signs,
such as bruising
or fingernail scrapings?
Yes, it's possible.
Excellent. Thanks.
Oh, oh, one other thing.
If my client had had intercourse
with the victim several hours
before her death,
semen evidence
could still be found,
couldn't it?
Yes.
HERIC: So it's possible
my client
and the victim had sex,
she was later hit on the head
and killed by somebody else?
Your findings don't exclude
that possibility,
do they, Doctor?
No.
Thank you.
How'd I do?
He raped me.
And it would be your word
against his.
Do you know who he is?
Russell Mathis.
He's a very prominent Lawyer.
He would be perceived
to be more credible
than a hooker
with a drug history.
Look, I'm your friend.
There's nothing
to be done here.
YOUNG: Maybe not criminally.
I would think
Mr. Mathis would like us
to go away without any noise.
(music playing)
I'll go pay him a visit, Jimmy.
JEAN (over recording):
I'm ending it now, Danny.
I can't see you anymore.
I'm married,
and the truth is,
you're beginning
to frighten me a little.
I just need you to stay away.
That was identified
as the voice of the victim?
Identified
by her husband, yes.
ROLAND: Where was this message
found, Detective?
On the defendant's voicemail,
recorded six minutes
past 9:00 on January 17th.
ROLAND: And according
to the coroner's findings,
when did Mrs. Homestead die?
Her body temperature indicated
that she died about 10:00 PM
that same night.
Did you make any findings
as to where she died,
Detective?
Our conclusion
was that she died
in her own bedroom.
There were microscopic
blood splatterings
on her bedpost
as well as the carpet.
The blood matched up
genetically to the victim.
We believe
she was killed there
and then moved.
Any other evidence
lead you to this?
We also found microscopic
blood splatterings
in the defendant's car,
blood that also belonged
to the victim.
Thank you, Detective.
Well, things really look bleak
for our side,
don't they?
Now, I imagine
that's why
you arrested my client.
The phone message,
the blood splatterings,
the affair--
well, come to think of it,
that would be it,
wouldn't it?
I mean, that's your entire case,
blood, phone message,
and affair.
Right, Detective?
And his semen.
Right. Well,
I was sort of including
that with "affair."
Any weapon?
No.
Any evidence,
physical, forensic,
testimonial that my client
was in the victim's bedroom
that night?
His semen.
Well, the coroner
has already admitted
that they could
have made love earlier,
maybe even someplace else.
Do you disagree with
the coroner on that, Detective?
No.
HERIC: And this blood
you're talking about,
"microscopic," you said.
So, if we took all this blood
and pooled it together,
the blood you found
both in her bedroom
and my client's car,
more or less than
a paper cut, Detective?
Probably less.
Gee, it doesn't look as bad
for us as I thought.
Objection!
Is it wise to be smug, Joey?
HERIC: Oh, Danny,
that was nothing.
Ask Ellenor.
Have they offered
any kind of plea here?
Second degree,
it's laughable.
DONNELL:
What are you willing to take?
We thought an acquittal
would be nice.
Yes, besides that.
Danny, would you
consider manslaughter?
Joey thinks we can win.
DONNELL: This is Joey's
first murder trial.
Bobby!
He needs to hear that, Joey.
What? You don't think
we can win?
Yes, you have a shot here.
But your lawyer's opinions
are colored by his ego.
Bobby!
This is what you get
for making me second chair.
If you don't already know this,
you need to as we go forward.
(music playing)
I've trusted Joey this far.
I'm going to keep
trusting him.
How is he?
FRUTT: He's good.
The jury loves him.
It kills me to admit it.
HERIC: Admit what?
Hi, Helen.
Do you know I've been having
these nasty little
hetero dreams of you?
What?
DONNELL: Joey, the blood
in the car
is a problem.
I hope you don't plan
to argue "paper cut."
HERIC: Oh, no.
The beloved husband is up next.
He's what you call
"Plan B."
Wait a second.
He has no alibi!
FRUTT: It doesn't matter.
Do you have any evidence
that he killed her?
No.
Well, then, you don't "Plan B,"
not the widower.
Ellenor.
FRUTT: If you accuse
the husband with nothing
to back up the accusation,
your client will get convicted.
I agree.
HERIC: Bobby, Ellenor,
I recognize that I don't
have your experience,
but one thing
I do know, "Plan B,"
that's where the practice
of law is delicious.
PAULINE: Mr. Berluti,
Mr. Mathis can see you now.
You can close the door, Pauline.
Yes, sir.
It's the conclusion
of a Rape Crisis Counselor
that she was raped.
She tells me she was raped,
and I believe her.
You believe her?
Your client set me up,
Mr. Berluti.
She had relations,
only then to tell me
what her occupation was.
And then she attempted
to extort me.
Did she give herself
the black eye?
RUSSELL: Perhaps she did.
I assure you I didn't.
Why are you here?
The District Attorney's Office
has to prove its case
beyond all reasonable doubt.
In civil cases,
as you know,
the burden is much less.
She makes
for a credible witness.
Get to the punch line.
We settle now
or sue you tomorrow.
(music playing)
None of those people
would ever know.
On your way out,
Mr. Berluti,
take a glance
at the artwork on the walls.
We are a very rich law firm,
Mr. Berluti.
It's a byproduct
of having many
excellent lawyers.
Go forward
with this extortion,
I'll deploy the attorneys here
to destroy both your client
and you.
And that's not extortion?
No, it isn't,
because I didn't rape
your client.
You may leave now, Mr. Berluti.
(music playing)
I thought maybe Jean
was out with friends,
though it wasn't like her
not to leave me a message.
And finally,
around midnight,
I began calling some
of her friends,
and then at 3:00 AM,
I phoned the police.
Mr. Homestead, I know that
this is very difficult, sir,
but did you have knowledge
of your wife's affair
with the defendant?
I had learned about it
a week before.
ROLAND:
And how did you find out, sir?
Jeannie had been in therapy,
and her therapist
implored with her
that she tell me.
And as a result
of your finding out, you...
We had some
very severe arguments,
ending with a recommitment
by both of us
to our marriage.
ROLAND:
And as for the defendant?
She planned to break
it off with him.
Do you know
if she did that, sir?
She said she had
three conversations
telling him that he--
Objection, hearsay.
Withdrawn.
Joey.
Let it in, Ellenor.
No, this is--
HERIC: The objection
is withdrawn, Your Honor.
I think we should
all hear this.
Would you continue, sir?
MICHAEL: She said that
he was having a difficult time
accepting that they would
not be seeing
one another again.
Jean even thought
that she might eventually
have to get
a restraining order.
Why?
She was becoming afraid of him.
ROLAND: Did she use
that word, sir,
"afraid?"
Yes.
She was concerned
that he might try
to hurt her.
Thank you, sir.
Well! Now I wish
we hadn't withdrawn
our objection at all
if I knew you were
going to say that.
Mr. Heric.
HERIC: So, your wife
told you the things
she had been discussing
with her therapist?
Yes.
Had she engaged
in any other affairs?
Not to my knowledge, no.
Had she talked to you,
perhaps, about being unusually
attracted to a younger man,
an attraction that both she
and her therapist
considered unhealthy?
Mr. Homestead,
did she tell you
if she had been sexually
attracted to another man,
a younger man?
Yes.
A man that she had once
even kissed?
Yes.
HERIC: Sir, do you see that man
in the courtroom today?
Yes.
Could you identify him
for the court, please?
My son,
her stepson.
(music playing)
Well, isn't this exciting?
Objection!
Withdrawn.
For how many hours
were you home alone
before notifying the police
that your wife was missing?
I don't know.
Around five hours.
Forgive me, sir,
but I have to ask the question
that's on everybody's mind.
Did you kill your wife?
ROLAND: Objection!
Overruled.
Obviously,
it wasn't over like she said
between her and my client.
They found his sperm.
She clearly lied to you.
She has an affair.
You learned she kisses
her stepson,
your son.
Then you find out she's lying
and still sleeping with the man
she claims to be afraid of.
If indeed she said that,
only you know for sure.
Did you kill your wife?
No,
I did not.
I don't believe you.
Objection!
Mr. Heric?
Nothing further, Your Honor.
FRUTT: He doesn't
need us, Bobby.
He's not even letting us in
on all of his cards.
We're simply sitting
in a courtroom
as spectators
to be impressed,
which is exactly
what his narcissistic disorder
is all about.
He needs other people
to see his achievements
in order for him to enjoy them.
Well, we can't get out now,
Ellenor.
(knocking on door)
FRUTT: We were just talking
about you, Joey.
Nice little bombshell.
Wasn't it, though?
Why didn't you tell us
about it?
Oh, come on.
It'd ruin the surprise.
Now the question becomes,
"Do I let Daniel testify?"
Things are going so well.
Does he have any skeletons?
Not that I'm aware of.
Then he has to testify.
He has to explain the semen.
And the blood in his car.
I could rest now,
argue, they didn't make
their burden.
DONNELL: Joey,
things aren't going that well.
You need to put him up there.
BERLUTI: I'll do
whatever you want,
but, Jennifer, we're not going
to win this.
He's prepared to put an army
of lawyers on this.
I think
we should just let it go.
The man rapes me,
and I'm supposed
to just let it go?
(door opens)
(music playing)
Mr. Berluti?
Yes.
(music playing)
First,
I'm going to deny
saying everything
I'm about to tell you.
Okay.
I don't know if Mr. Mathis did
what you're saying he did.
But there's a junior partner
at my firm,
he keeps asking me
what's going on.
It's like he's too interested,
you know?
I think he knows something.
What's his name?
(music playing)
PAULINE: Like I say,
we never had this conversation.
Jimmy,
draft a complaint.
Move for an emergency
deposition to be taken
prior to filing the complaint.
Can you do that?
YOUNG: But if there's
a danger,
the evidence could be lost.
This junior partner will have
a lot of pressure
put on him.
You need to get him
in a room now
and put him under oath.
(music playing)
Why not just file
the complaint, Counsel?
BERLUTI: We're happy
to do that, Your Honor.
I would think the defendant
would seek to explore ways
of making this go away
before we file
since filing makes it
public record.
That kind of threat
is evidence of the extortion.
Look, I have the automatic right
to depose him after we sue.
We're happy to take that route.
WARREN: Mr. Berluti,
don't insult me.
The only reason
you're not formally suing
is because by doing so,
your card is played,
and you'll lose leverage.
This thing
has a bad stench to it.
But, Mr. Miles,
it's not a question
as to whether he can depose
this lawyer.
This motion only covers timing.
We're even willing to come
to your place.
WARREN: I'm going to allow
the deposition.
But, Mr. Berluti,
like I say,
I don't like the stench.
We had gone to a club.
At 6:00 PM?
That's a little early,
isn't it?
It was an underground club,
mostly gay.
But a lot of heterosexuals
went there primarily
to have sex.
They had sex in the club?
Yes.
HERIC: And you
and Jean Homestead
went to this club
on the night of the murder?
Yes.
HERIC: Daniel,
what did you do there?
We danced,
we made love.
What time did you leave?
Probably around 8:00 or 9:00.
I drove her home.
HERIC: Did you go inside?
No,
I dropped her off
then I went home.
HERIC: You never went back
to her house?
No.
HERIC: Well, did you receive
her phone message?
DANIEL: No,
that message was left
on my business cell,
which she would know
I wouldn't get.
That message was left
to set me up.
Objection.
Sustained.
HERIC: Then, what about those
microscopic traces of blood
that were found in the backseat
of your car?
I have no idea.
She'd certainly been
in the backseat of my car
many times.
We'd--
Sometimes we even made
love there.
Anybody see you
and Mrs. Homestead
at this club?
I'm sure people did
but no one's come forward.
It's funny how
not one waitress,
not one bartender,
not one patron
remembers seeing you there.
It's a pretty crowded place.
Any witnesses to establish
that you were home alone
the night of the murder?
Well, if there were witnesses,
I wouldn't have been alone.
Ever been convicted
of a felony,
Mr. Carrington?
(music playing)
Once.
Many years ago.
What was it?
Assault.
ROLAND: Assault and battery.
You beat up a girlfriend,
didn't you, Mr. Carrington?
I pushed her.
ROLAND: Pushed her
and she was hospitalized
with three broken ribs,
wasn't she, Mr. Carrington?
(music playing)
Did you know
about that conviction?
HERIC: So what?
He was only 19 at the time.
It doesn't matter.
That felony was reason enough
to keep him off the stand.
HERIC: You told me
to put him on.
DONNELL: We didn't know
he beat up a former girlfriend.
HERIC: Well, the jury
had to hear his story.
DONNELL: How about you
letting us in
on all the facts from now on?
Just help me prepare
my closing.
We'll meet you back
at the office.
I have no information
whatsoever.
What's your relationship
with Mr. Mathis?
I work with him.
We're both lawyers
in the same firm.
BERLUTI:
Do you socialize together?
MARK: No, we do not.
Were you in the
Palmer House Hotel
on the evening of April 12th?
No, I was not.
BERLUTI: Do you have
any information
concerning the events
involving Mr. Mathis
on April 12th?
Asked and answered.
MARK: I will answer it again.
I don't know
what you're talking about,
and I have no information.
Do you know Jennifer Cole?
No, I do not.
Ever heard of her before?
Only in connection
with this lawsuit.
Okay.
We're done.
You can go, Mark.
You also, please.
If you go forward
with this lawsuit,
Mr. Berluti,
this is the counterclaim
that awaits you.
Never mind abuse of process.
There are counts of libel,
defamation of character.
You can't sue me for what I
allege in a complaint.
MATHIS: Oh, we will.
And, truthfully,
I hope we lose
the first go-round.
That'll give us a chance
to go to the appeals court,
possibly the S. J. C.
I hope you like working
on this case, Mr. Berluti,
because for the next
three years,
you'll have time
for little else.
(door opens)
Sorry we're late.
We were held up in court,
and we all wanted
to come over together.
What is this?
YOUNG: This is an army,
Mr. Mathis.
(music playing)
YOUNG: See, you may have thought
to yourself,
"Nobody's gonna take up
the cause
of a lowly prostitute,"
but you were wrong.
Jennifer Cole is a friend
of this firm.
We care about Jennifer Cole.
We stand committed
to exercising
Jennifer Cole's rights.
I guess what I'm trying
to say, Mr. Mathis,
if you want a war,
you've got one.
MATHIS: You think
you're ready to challenge
the resources
of this law firm?
Do some research.
We've been up
against big firms before
and beaten them
for a lot of money.
A reputation
is a terrible thing to waste,
Mr. Mathis.
You people are what give lawyers
a bad name.
WASHINGTON:
No, lawyers who rape
give us a bad name.
DONNELL: Look,
we can fight
or we can settle this,
but like Eugene Young said,
if it's a fight you want,
you're in for a big one.
And, win or lose,
you lose.
(music playing)
(music playing)
$175,000,
all conditioned
on total confidentiality.
A hundred and seventy-five
thousand?
I think we should take it.
Okay.
We'll have the check tomorrow.
Thank you.
Thank you.
Thank you all.
But, Jennifer, listen.
This guy, Mathis,
if he's capable of rape,
we just left him pretty hot.
I don't want you ever...
going back to the Palmer House.
I won't.
BERLUTI: You have a little girl,
Jennifer.
She needs you.
The other night,
you could have been killed.
You need to start over.
I will, Jimmy,
and not just for her,
but for you.
You don't owe me nothing.
I owe you my life, Jimmy,
and I'll never forget it.
(music playing)
ROLAND: She told her husband
she feared Daniel Carrington,
feared that he might hurt her,
and she's found dead.
Dead with traces
of Daniel Carrington's
semen in her.
Her blood is found
in Daniel Carrington's car.
Come on.
He previously beat up
and hospitalized
another girlfriend.
All the evidence
in this case points to him,
and what's his story?
They made love in a bar?
Nobody saw them in this bar,
not one patron,
not one waitress or bartender.
There was a message
from the victim
breaking off the relationship.
A message...
to the defendant
left one hour
before she was murdered.
There is no doubt here,
ladies and gentlemen.
Daniel Carrington
murdered Jean Homestead.
I certainly understand
the theory
that Danny did it.
His sperm,
the blood,
phone message,
it makes perfect sense
to jump to that conclusion,
doesn't it?
But we don't jump
to conclusions
in murder trials.
The evidence
has to establish guilt
beyond all reasonable doubt.
Now, have they really done
so here?
They certainly didn't rule out
that they made love at the club
or that Danny was alone at home.
And let's face it.
We really can't rule out
the husband,
can we?
He had motive,
opportunity,
no alibi.
What about the stepson,
for that matter?
Hmm? Any stepson
embroiled in an Oedipal affair
is certainly capable
of twisted turns.
It doesn't even stop there.
Suppose Danny Carrington
had another lover.
No evidence, to be sure,
but they
didn't even investigate that.
And is it really
that far-fetched?
The other lover
gets wind of the little session
at the club,
goes to the victim's house,
threatens her,
forces her to make
that phone call
to implicate Danny.
Then he or she kills the woman,
dumps her in the alley,
knowing full well
who the police will blame.
He or she even plants
that little blood speck
in his car.
Now, Danny is
the obvious suspect,
but it could have been anybody,
maybe one of you,
maybe the judge,
maybe me.
(music playing)
Now,
could have been a bonehead,
stupid murder by Danny
or one of the more
perfect variety
by somebody else to frame him,
the husband,
the stepson,
a female lover,
a big, gay,
sick lover, anybody.
The simple truth is,
we don't know,
certainly not beyond
all reasonable doubt.
(music playing)
They sent you with the check?
No, the check is coming
by messenger.
May I see you in private,
Mr. Berluti?
(door locks)
I'm a man of conscience,
which made yesterday
one of the most difficult days
in my life.
I lied in my deposition,
Mr. Berluti.
I had a hunch.
I don't think you had this
particular hunch.
About six weeks ago,
I met Jennifer Cole
in the Palmer House.
She passed herself off
as a young advertising
executive.
We got a room, we made love,
after which, she informed me
that she was a prostitute
and if I didn't give her
$10,000,
she would tell my wife
or cry "Rape."
Here's a copy of my check.
There's nothing to be done now.
Your case is settled.
But these are people
with families,
Mr. Berluti.
It's difficult for me
to stay quiet
knowing she's going
to do this again.
(door opens and closes)
Did you kill her?
HERIC: Bobby, I was throwing out
a hypothetical.
DONNELL:
I don't think so, Joey.
This totally fits
your narcissistic disorder.
The only reason
we were at that table
was to be an audience
for that smile.
You did it,
and you wanted us to know
you did it.
HERIC: You've been watching
too much television.
DONNELL: Did you and Danny
used to be lovers?
Well, now that you mention it,
that's how I got the case.
DONNELL: I'm going to the D. A.
HERIC: Oh, please, Bobby.
The jury's out.
If we win,
you've got nothing to say.
If we lose,
well, D. A. s just love
to throw out convictions,
don't they?
I'm sure he'll be thrilled
to listen.
FRUTT: I think you wanna lose.
That's why you put your guy
on the stand
with a felony conviction
and that closing?
HERIC: Well, wait, wait.
What was wrong
with my closing?
FRUTT: It was ridiculous.
"Maybe the judge did it,
maybe a juror did it?"
I also said,
"Maybe the lawyer did it."
That part, you seem to believe.
DONNELL: You killed her.
HERIC: Bobby,
Bobby (chuckles) Bobby,
you think I'm evil?
DONNELL: You murdered his lover,
framed him,
got yourself put on
as his lawyer
to guarantee he goes away.
Well, I must say, it does sound
worthy of me.
(music playing)
Hi, everybody.
(laughs) What's the matter?
The name "Mark Greene"
didn't ring a bell with you,
Jennifer?
You cashed his check.
You did the same thing to him
you did to Mathis.
Here's your check.
Take it,
walk out of this office,
and never come back here again.
These people are rich, Jimmy.
It's expensive
raising a child, and...
BERLUTI: The biggest problem
your child has
is having you for a mother.
If I hear of this happening
ever again,
I'll go to the police
and to Social Services
to take that child away
from you.
Take the check,
walk out,
and never come back.
(music playing)
I'm so nervous.
PATRICK: Will the defendant
please rise?
Madam foreperson,
has the jury reached
a unanimous verdict?
We have, Your Honor.
What say you?
FOREPERSON: In the matter
of the Commonwealth
versus Daniel Carrington,
on the charge of murder
in the first degree,
we, the jury,
find the defendant,
Daniel Carrington,
guilty.
HERIC: We will appeal,
Your Honor.
So noted.
Members of the jury,
this completes your service.
Security, will you take
the defendant into custody?
We're hereby adjourned.
(gavel bangs)
HERIC: Danny, listen,
don't lose hope.
We will keep trying.
But what happens now, right?
HERIC: We're gonna come
right in.
We're gonna start talking
about our appeal.
Now, Danny, don't lose hope.
Don't lose hope, Danny.
Remember,
in the end,
it's a good world.
Well,
I guess you can't win them all.
If I can figure out a way
to reveal what I know, I will.
HERIC: Certainly you know
the allegation
that I tried to lose a case
would be libel, per se.
Listen, come on,
sometimes you have to accept
unfortunate outcomes.
All part of being a lawyer,
isn't it?
Right, Ellie?
Well, if you'll excuse me,
I'm wanna go try to dig up
some new clients.
(chuckles)
Till we meet again.
(music playing)
(music playing)
WOMAN: You stinker.