The Practice (1997–2004): Season 6, Episode 20 - Evil/Doers - full transcript

DOLE: Previously
on The Practice...

My name is Hannibal Lecter.

You plan to argue insanity?

You murdered and ate

three people, Mr. Lecter.

I didn't kill them.

The other man killed them.

What other man?

He's never denied
consuming the victims,

but it's always
the other persona

who stabbed the girls.



What do you think?

MAN: I don't know.

All I am sure of

is as crazy as he may be,

he is not stupid.

Hello, Clarice.

DONNELL: Oh, brother.

Does Bobby know?

Does he know what?

That you're in love with me.

GAMBLE: When you saw
these women murdered

by this other man--

I gave the police
a partial description.

I told them where he kills.



Instead of persecuting me,

you should be looking for him,

especially, since...

he's planning to kill Clarice.

DOLE: I got stabbed
two years ago.

I got stabbed, Bobby.

A man stuck a knife
into me three times.

I have never gone back
to being okay

no matter how much
that you insist

that I have.

We find the defendant,
Lawrence O'Malley,

not guilty.

Thank you, Bobby...

Clarice.

(phone ringing)

Hello?

Hello?

(receiver clicks)

(dial tone)

DONNELL: What about
entrapping him?

We've thought
about that.

The thing is,

it's not like the guy
hits often.

And he's killed three girls

in two years.

What about using me?

Are you crazy?

I'm going crazy, Bobby.

The longer he stays out there

calling me on the phone.

There's no way
to protect you.

DOLE: So, what,
I just go to bed every night

consoling myself that one day

they'll finally get him?

DONNELL: You will not
be used as bait

for a serial killer.

It wouldn't work
anyway, Lindsay.

The guy's too smart for that.

DOLE: Well, come up
with something, Helen.

I am not going through
this again.

What I'd like to do
is get him

civilly committed.

Can you?

It'll be tough, especially,

since he was acquitted,
but we can try.

Lindsay, I need you
to testify against him

to help convince the judge
he's nuts.

Fine.

Time and place, I'll be there.

We'll pick him up
tomorrow.

But, again,
it's a real long shot.

Just get him.

And if he resists,

shoot him.

(music playing)

What do you mean it's lost?

The findings aren't lost,

just the rape kit itself.

Who lost it?

We don't know.

YOUNG: We thought
it had been sent to our lab,

and we were waiting
for the results.

We called them again today,

and they've told us

they never even received it.

Do your storage records show
it was sent out?

No.

YOUNG: Your Honor,
since we were not afforded

the opportunity to conduct
our own tests,

the DNA evidence
has to be excluded.

You can cross
our technicians.

It's not the same
as doing our own test,

and you know it.

I can't let it in,
Ms. Gamble.

Your Honor,
they weren't even serious

about doing
their own test.

Why did they wait
till the eve of this trial?

Well, we're serious
about it now.

This is amusing
to you, Eugene?

WHITE: Counsel,
if they didn't get access,

the DNA evidence is excluded.

So what that mean?

YOUNG: It means
their whole case now

is the victim's ID.

Let's not get cocky.

At probable cause,

she was pretty convincing.

But at least now
they're offering a plea.

Yeah. What is it?

Fifteen years.

Oh, no way, man!

YOUNG: Third strike, Jerry.

If convicted, you get life.

All right. Look...

I got a twin brother.

Suppose we put him at the table

and let her identify him.

That's reasonable doubt.

We can't do that.

I ain't doing no 15.

Rape victims
supposed to be shaky.

That's what I hear.

Let's go to trial.

And, Eugene,

don't hold back on this bitch.

You lost the evidence?

Callie, we can still win.
How?

GAMBLE: Well, right now
it comes down to your word,

which is very compelling.

You don't look so sure, Helen.

GAMBLE: Look, I'm completely
prepared to go forward,

but I'm also prepared
to go back

and offer eight years.

If you think--
Eight?

It's a conviction.

It takes him off the streets.

Besides, a trial
could be very unpleasant.

Eight is not an option.

Not for what he did to me.

Okay.

(knocks on door)

GAMBLE: I'll see you
in the courtroom,

division three.

Okay.

You get him yet?

GAMBLE: Noon.

I'm going on the ride
personally

to make sure things
aren't any more

unconstitutional
than necessary.

Helen, is it possible
to do this

without Lindsay testifying?

She's not in very good shape.

GAMBLE: Bobby,
even with Lindsay,

this is a long shot.

We need her to say

how afraid she is of this guy.

Otherwise--
DONNELL: Anything he said

to her, I was there for.

I can provide--
GAMBLE: We need her.

Look, I'm not gonna bother
picking him up

if I can't count on her.

You saw how she was last night.

GAMBLE: I did.

But do you want this guy

in custody or not?

(sighs)

I was opening
my apartment door,

and as I opened it,

I was suddenly
shoved inside

and then knocked
to the floor.

GAMBLE: Do you see
the person today

who knocked you
to the floor?

Him, the defendant.

GAMBLE: Are you sure
this is the man,

Ms. Fairbanks?

I'm positive.

That's him.

GAMBLE: Now, after
you were pulled to the floor,

what happened next?

He closed the door,

and he told me
if I screamed

he would kill me.

He then, um, pulled
his pants down,

and he started to climb
on top of me.

Um, he pushed my skirt up,

and I tried to get free,

and that's when he punched me.

GAMBLE: Where?

FAIRBANKS: In the face.

I took my key,

and I tried to gouge him.

I got him behind the ear.

And then he hit me
three or four times,

and I kind of
lost consciousness.

And the next thing
I was aware of,

he was ramming himself
into me.

GAMBLE: Are you absolutely sure

this is the man who raped you

on the evening of March 11th?

I am absolutely sure.

I have nightmares
about his face.

I try to get his face
out of my mind,

but I can't.

That's him.

That's the man who raped me.

GAMBLE: Thank you.

YOUNG:
When the police arrived,

you said you could not

approximate the suspect's
height or build.

I saw his face
very clearly.

But you said
he had no facial hair.

At the time
of my client's arrest,

he had a moustache.

FAIRBANKS: I evidently
didn't see the moustache,

but I saw his eyes
and I recognize them.

YOUNG: You told the police
you gouged him

behind the ear, drawing blood.

Are you aware that they found

no scratches or marks
on my client?

I thought I drew blood,

but the blood
on my hand and key

turned out to be my own,

I guess.

YOUNG: You guess?

Did you describe
for the police

the clothing the assailant
was wearing?

No.

You were knocked unconscious

during the attack,
is that right?

After the rape.

I was conscious

during the attack.

YOUNG: Well, you testified
when he punched you

three or four times
before the rape,

you kind of lost consciousness.

Are you now changing
that testimony?

FAIRBANKS: I kind
of lost consciousness,

but I was conscious
for the rape

and I saw his face exactly.

Except for the moustache.

Yes.

YOUNG: When you were suddenly
grabbed and dragged

into your apartment,

did you go into a little shock?

If you're asking,
did it compromise

my capacity to observe--
YOUNG: No.

I'm asking, "Did you go
into a little shock?"

Yes.

YOUNG: "Compromise
your capacity to observe,"

that's legal terminology.

Are you a lawyer?

No.

YOUNG: Those were you own words,

"Compromise your capacity
to observe"?

Did Ms. Gamble
use that term with you?

Objection.

Sustained.

YOUNG: Did the district attorney

have concerns about
your capacity to observe?

Objection!

Sustained.

Thank you, Ms. Fairbanks.

GAMBLE: (sighs)

I got to get back.

If he doesn't come out soon--

McGUIRE: Between 12:00
and 12:30 every day

like clockwork.

He'll be out.

If this goes
before Judge Cooke--

It's not gonna go
before Judge Cooke.

His expert witness
doctor said

stress and anger would make
the other man emerge.

Maybe he'll wig out
and give us something

we can use.

Are you telling me
we should rough him up?

GAMBLE: Oh, God, no.

This has got to go clean.

We're on shaky ground
as it is.

I'll try to bait him a little

and see what I can get.

McGUIRE: Now.

Okay. Move in.

(siren wailing)

MAN: Police!

Lawrence O'Malley, stop!

MAN: (indistinct) we're good.

MAN: Let me see your hands.

(tires screeching)

McGUIRE: Mr. O'Malley,

you need to come
with us please.

What's going on?

We want to check
your cholesterol.

You've been eating
too much red meat.

Remember me, Hannibal?

Didn't we have relations?

Well, we're gonna have
relations now.

You're going
for a nice little stay

to the rubber room lodge.

I was acquitted.

Oh, I must be looking
for the other man.

Why don't you send him out

so I can talk to him?

Do you think I'm an idiot?

I can see
from your expression

I've pissed you off.

Those other girls
pissed you off,

didn't they, Hannibal?

It's time for the other man
to come out

and take care of business.

I need to call my lawyer.

Take him.

DOLE:
Helen's not handling it?

She's in trial, plus
she could be a witness, so--

Who's doing it?

State attorney
Michael Scannel.

Helen says he's good.

Who's representing O'Malley?

DONNELL: That I don't know,
but whoever it is,

we got a hearing at 4:00

to get him kicked.

We should be there.

Fine.

(sighs)

DONNELL: Lindsay...

I think you need
to see somebody.

See somebody?

A shrink?

Yeah.

What, it's unhealthy for me
to be on edge?

Of course not,

which is why
you need to talk to--

I'm talking to you.

Lindsay, you are the most

rock-steady person
I have ever met.

But right now...

you really feel on the verge

of a breakdown.

And I'm worried.

I'm gonna get
some references,

and then maybe
we can see somebody.

Sure.

I was at home.

All night?

JERRY: After 6:00.

Uh, I got to be at work
at 5:00 a. m.

so I don't go out
on weeknights.

Well, Mr. Cochran,
it seems that--

GAMBLE: Sidebar, Your Honor.

I'm sorry. The inadmissibility
of the DNA evidence aside,

Mr. Berluti knows
what the results are,

which means he knows
the witness is lying here.

I do not know those results
to be accurate.

That's why we wanted to do
our own test,

which we couldn't
since the Commonwealth

lost the rape kit.

Oh, come on.

Our client claims
he was home alone.

I do not know that claim
to be false.

And I'm entitled
to put him up here

to tell his story.

WHITE: Mr. Berluti,

are you representing
to this court

that you think
the DNA test results

are inaccurate?

I'm representing I don't know.

You're full of crap,

but technically
I can't stop you.

Step back.

Mr. Cochran,

you sat here this morning

and heard Ms. Fairbanks

identify you as the person
who raped her.

Well, she got it wrong.

Look, I'm no saint

but I don't rape people.

You got it wrong.
GAMBLE: Objection!

WHITE: Don't address
the victim, sir.

I didn't do it.

As God as my witness,

I'm innocent of this.

GAMBLE: You held up
a convenience store

with a gun six years ago.

Was God your witness
that night?

I already said
I ain't no saint,

but I don't rape.

But you are a convicted
armed robber.

Yeah.

GAMBLE: Mr. Cochran,

have you ever been convicted

of assaulting a woman?

That was a domestic dispute.

The answer
to my question is yes.

Yes.

GAMBLE: And, Mr. Cochran,
do you go to a bar

known as Jasper's?

Sometime.
GAMBLE: Sometimes?

Well, if I have witnesses
that would say

you frequent it
two to three times a week,

would they be lying?

I go there sometime
for a beer.

Weeknights?

JERRY: Yeah,
but I go home early.

So your testimony that you
don't go out weeknights,

that wasn't accurate, was it?

I should have said,
"I don't stay out late

on weeknights."

GAMBLE: I see.
And this particular weeknight,

you didn't go out
to Jasper's at all,

did you?

No, I was at home.

Straight home
where you were seen by whom?

JERRY: Nobody.
I was home alone,

like I said.

GAMBLE: So the only person
who saw you that night

was Callie Fairbanks.

No, she got it wrong.

GAMBLE: Oh, she got it wrong?

Objection!

Yes, she did.

WHITE: Overruled.

You raped her,
almost killed her.

Objection!
Sustained.

Now, you're lying about it.

I'm not lying.

GAMBLE: I see.

You beat up women.

You're an armed robber,

but you're not a rapist.

You go out several nights
a week to Jasper's,

but the night
Callie Fairbanks was raped,

you just happened
to be home alone.

That's your testimony.

Yes!

I don't rape.

You didn't protect me.
YOUNG: Jerry--

JERRY: You let her
go off on me.

Calm down.
JERRY: You're pulling punches

in there, Eugene.
I didn't pull no punches

in there, and I'm not
pulling them with you.

We got to plea this out.
What?

BERLUTI: Jerry,
if we lose here,

your third strike,
you're gone for good.

It's too risky not to think
about pleading.

(music playing)

Okay.

Okay.

I got a twin brother.

He gonna pay you a visit.

Why?
JERRY: Because he is.

You just listen
to what he got to say.

McCONNACLE: Your Honor,
this is an outrage.

Lawrence O'Malley
was acquitted.

The state doesn't like
that result

so they're seeking
to lock him up civilly.

It's a blatant end around
double jeopardy,

not to mention
the constitution,

and it offends every notion
of justice.

SCANNEL: This isn't about
locking him up for a crime.

McCONNACLE: Yes, it is.

And don't offend
my intelligence

or the integrity of this court
by pretending--

If Ms. McConnacle
could climb down

from her soapbox for a second--

McCONNACLE: I have every right
to be on a soapbox.

This is a despicable abuse
of police power.

SPINDLE: I'm inclined to agree,
Mr. Scannel.

You lose
at the criminal proceeding,

so you simply try
to incarcerate him civilly.

That doesn't violate
double jeopardy?

SCANNEL:
He was acquitted of murder.

He nevertheless

professes to be Hannibal Lecter.

He eats people.

How can this court,

or any government institution

that purports
to safeguard the public,

allow him to just--

Has he threatened anybody?

Yes.

His own former lawyers

are afraid of him.

They're here
to give testimony.

McCONNACLE: Let them get
restraining orders

if they feel--
SCANNEL: It's not that simple.

Your client is sick.

McCONNACLE: So let's help
get him treatment then.

You're seeking to throw him
into an asylum

and lock him up.
SPINDLE: All right.

Look, it smells pretty bad,

Mr. Scannel.

The government
didn't even try this

with O. J.

I'd like you to hear
from Lindsay Dole, Your Honor,

and perhaps from some
of Mr. O'Malley's

own doctors.

Those doctors were hired
by the lawyers

for the purpose of building

an insanity defense.

SPINDLE: Okay, Ms. McConnacle.

The court notes your outrage.

Mr. Scannel,

I am not leaning your way,

but I'll let you call
your witnesses.

9:00 tomorrow.

Until then Mr. O'Malley
stays in custody.

We are adjourned.

(gavel bangs)

Clarice.

Lawrence.

What are you doing, Clarice?

Come on, Lawrence.
Don't talk to her.

All right, sir.

(indistinct chatter)

You were with
your brother?

DR. COCHRAN:
Not for the entire evening,

but I was at his apartment

from about 8:30 to 10:00.

That's kind of convenient.

YOUNG: If it is true,

why have you waited until now

to come forward

or why didn't your brother
tell us this?

I'm an oncologist, Mr. Young.

I have a fairly
distinguished career.

I have a family.

If I were to testify
in this trial,

I'm afraid the public
association would...

my brother was respecting
my wishes,

but he now tells me
that he could lose.

And in good conscience,

I can no longer stay silent.

You close to your brother?

Yes, I am.

And you're asking us
to believe

you sat quiet on an alibi

because being associated

with your brother

would hurt your career?

That's correct.

YOUNG: And that your brother
was willing

to let you stay quiet

and face life in prison

rather than blemish
your career?

Wow.

I was at his apartment

between 8:30 and 10:00.

We can't put somebody up there

to commit perjury,
Dr. Cochran.

I won't be committing perjury,

Mr. Berluti.

I was with my brother
from 8:30 to 10:00.

YOUNG: Your brother's semen
was found in the victim.

The DNA proves it.

I'm told the DNA
is inadmissible

and possibly inaccurate.

We're not going to call you.

Why?

YOUNG: Why?

Because if it looks like
you're lying,

which it will,

that'll hurt him.

Well, I'm not a lawyer,
Mr. Young,

but it seems to me
if a witness comes forth

with exculpatory evidence,

evidence which you cannot

establish as being false,

and if the client directs you

to call that witness,

it would be grounds
for malpractice

for you not to do so.

Now, would you like to prep
my testimony

or shall I just meet you
at the courthouse?

(music playing)

DOLE: He would talk about
the book of Genesis

and how by eating the women,

he would become one with them,

and he could take them
to heaven.

SCANNEL: Mr. O'Malley said that?

DOLE: Yes.

And he'd say
how he'd make sure

that I'd go to heaven.

And you interpreted
that to mean?

I was going to die.

And I didn't have
to interpret,

he said so.

He said the other man
was going to get me.

SCANNEL: In the course
of your representation

of Mr. O'Malley,

did you form a lay opinion

as to his mental health?

He's sick and he's dangerous.

He murdered--

McCONNACLE: Objection.

Mr. O'Malley was cleared

of all charges of murder.

DOLE: He's a cannibal.

He thinks
he's Hannibal Lecter,

for God's sake.

He goes after women,

and he has made it clear
that he is coming after me.

He should be locked up.

Ms. Dole,

clearly,

you recognize
how unusual this is

for a lawyer
to be giving testimony

against a former client.

Yes.

Uh, and I've never done
so before.

But I consider this man

to pose an extreme risk
to the public

and I suppose,
particularly to me,

because he consumes women
he has a relationship with.

He seems to believe
he has one

with me.

Thank you, Ms. Dole.

Why are you doing this?

SPINDLE: Mr. O'Malley,
please take your seat.

Your Honor, I prefer to ask
the questions myself.

I don't recommend that,

and since you have
a lawyer here...

O'MALLEY: My lawyer
doesn't know the witness,

I do.

And I believe
it's the right of the accused

to confront my accuser.

SPINDLE:
That's for criminal proceedings.

This is a civil matter.

Again, I will ask you
to please sit.

During the course
of your representation,

at any time did you seek
police protection?

I didn't have to then.

He was in custody,
wearing a muzzle.

Now, he's not.

Well, upon the reading
of the verdict,

he was released
from custody in your presence.

Did you protest?

I should have.

McCONNACLE: But you didn't.

He walked out of the courtroom
while you watched silently,

isn't that right?

DOLE: I think
I was a little stunned

by the not guilty verdict.

Did anything happen
since he was released

to make you scared?

I got a phone call.

McCONNACLE:
From Mr. O'Malley?

I believe
it was him, yes.

Well, did he identify himself?

No.

There was silence
and then a hang-up.

McCONNACLE: Well, why do you
believe it was my client?

I just do.

McCONNACLE: You just do.

Anything else happened
since the verdict?

No.
McCONNACLE: No.

So we are here because you got
an anonymous call

you think came
from Mr. O'Malley?

Did you go to the police
after you got this phone call?

I went to Helen Gamble.

Helen Gamble.

And she took care
of getting my client picked up,

is that correct?
Yes.

McCONNACLE:
She's a close friend.

You and Ms. Gamble
even used to be roommates,

didn't you?

Yes.

Thank you.

(music playing)

YOUNG: It's a little difficult
to believe, sir,

that you'd wait till now
to come forward.

I realize that.

All I can say
is I had my reasons.

The important thing
is I'm here now.

YOUNG: So you went
to your brother's home

around 8:30?

Yes.

We talked for a while,

maybe an hour or so,

and then I left.

YOUNG: After an hour or so?

DR. COCHRAN: Yes.

It was on my way home
that I first saw her.

Saw who?

Her.

She was going
into her apartment building.

YOUNG: Wait a second.

You also saw Ms. Fairbanks
that night?

Yes.

YOUNG: You didn't tell me this.

Well, it's a little difficult
to just come out

with something like that.

I'm still not sure I can.

Come out with what?

That it was me.

That I was the one
who raped her.

Your Honor.

WHITE: We're gonna take
a short recess.

Counsel, chambers.

(music playing)

(door closes)

What? You think I knew
that was coming?

What exactly did he tell you
he planned to say?

Just that he was
with his brother.

Obviously, he didn't tell me
what he really planned to say

because he feared
I wouldn't put him up there

if I knew.

GAMBLE: You have to call
a mistrial.

Double jeopardy. He'll...
GAMBLE: Not when

it's defense misconduct.

We didn't know.

Mr. Young, if I find out
you orchestrated this...

Come on.

It doesn't even help us.

Talk about him having
no credibility before.

Ms. Gamble,
you can either cross him now

or I'll continue the case
and let you investigate.

Your call.

I'd like to be able to argue

that the defendant
was facing the 3-strike law.

What?
GAMBLE: Goes to bias.

It explains why his brother
would lie for him

since he's facing
life imprisonment.

I can't let you
argue that, Ms. Gamble,

and you know it.

GAMBLE: So you just drove by,
saw the victim, and raped her?

DR. COCHRAN: Yes.

Ever rape anyone else?

No.

Ever commit a crime before?

No.

You're an oncologist,
Dr. Cochran?

Yes.

GAMBLE: How much money

do you make annually?

DR. COCHRAN:
A little over $300,000.

Family?

It's because I have a family,

because I have a career.

That's why you raped her?

It's why when my brother
was arrested,

he stayed silent.

He was prepared
to let himself be prosecuted

for something he didn't do

because he didn't want me
to lose all I had.

Oh, I see.
So he was happy

to go to prison for a crime

you committed?

Yes.

Well, he must
really love you.

He does.

He also knows what this will do
to our parents.

I was the one who made it,

the one who finally
made the family proud.

He decided
he'd sacrifice himself.

GAMBLE: So you said
to yourself, sounds good.

I tried to go along with it
for the same reasons,

but ultimately I couldn't.

That's why I'm here today,
to tell the truth.

GAMBLE: So, Doctor,

you know once your brother
is acquitted,

double jeopardy applies,

and he can never
be retried, right?

I'm not a lawyer.

GAMBLE:
You're not a lawyer.

Is it your testimony
that you don't know

once your brother
is acquitted,

he can never be retried?

I know
what double jeopardy is.

GAMBLE: So if he's acquitted
and you get arrested,

he can testify at your trial

that he did it.

Objection!

Overruled.

My brother is innocent.

I'm the one who did it.

YOUNG: I don't like being played
for a fool, Doctor.

If I told you
what I plan to say,

would you have called me
to testify?

If it's the truth, yes.

You don't know
what the truth is, okay?

Well, the jury's gonna know
what the truth is

and I'm telling you better...

You just explain it,
Counsel.

Me and my brother
love each other.

I was willing
to get arrested for rape

rather than let his career
get wrecked.

And when it looked like
I might get convicted,

he came forward to say
what happened.

That was our plan.

And you just sell that, Counsel,

because for all you know,
it could be the truth.

I know it isn't the truth.
That's why I try to...

JERRY:
You just sell it.

(music playing)

What's going on?

First the DNA
and now the twin?

Is he going to get off?

I hope not.

I'm so sorry.

(music playing)

This man is in need of serious

and immediate help.

Stand up, Mr. O'Malley.

You eat people?

Only dead ones,
Your Honor.

I would never harm
a living soul,

never.

SPINDLE: Can you appreciate
how sick it is for you

to consume human flesh?

No one's complained
from PETA.

SPINDLE: You think
this is funny, sir?

Your Honor, I was forced
to stand trial for three murders

I did not commit.

I lost my job,

and will likely
never get it back.

I've had to sit
in a courtroom

listening to people
calling me a monster.

Allow me to find
some gallows humor where I can.

I don't have to allow you
a damn thing,

and if this were truly
a civil commitment hearing,

I would throw you
in the deepest of holes,

but this isn't that,
Mr. Scannel.

It's a pretext.

The Commonwealth failed
at the criminal trial,

so you're trying
to take another whack.

It violates double jeopardy,

it insults the very system
we're sworn to uphold,

and if I were to ever let you
get away with it,

the DAs would be lined up
outside my courtroom door.

The petition is denied.

I am enjoining Mr. O'Malley

from going within 500 yards
of Ms. Dole.

Better pay attention
to that, sir.

We're adjourned.

Are you crazy?
Lindsay.

He's a serial killer,
for God's sake.

As a matter of law,
he isn't, Ms. Dole.

He was acquitted.

Why didn't you take more
witnesses, call the doctors?

DONNELL: Lindsay.
Let go of me.

What happens
if he kills again?

We're adjourned.

DOLE: What's wrong with you?

You wear the robe
to protect the public.

And I wear it

to protect the integrity
of this room, Ms. Dole.

I have made my ruling.

I would advise you
strongly to end it

right now.

Lindsay, come on.
DOLE: Why didn't you call

the doctors?

It wouldn't have mattered.

Of course,
it would have mattered.

They would have testified
that he's insane.

SCANNEL: But his lawyers
would have asked

why they didn't initiate
commitment proceedings?

DONNELL: We at least got
a restraining order

if he tries to pull anything.

SCANNEL: Yeah.

Come near me,

I'll kill you.

DONNELL: Let's go.

GAMBLE: We all know what
is gonna happen next.

If you acquit,

double jeopardy
will reattach,

and the defendant
can never be retried.

What he can do
is take the stand

at the doctor's rape trial,

say he did it,

and gift-wrap reasonable doubt
for the doctor.

Why would these brothers
resort to something

so desperate?

Because the victim saw the man

that raped her.

She positively
identified the defendant

as being that man,

and the defendant
had no alibi.

This grand stunt
was all they had,

never mind how ridiculous.

The evil twin comes forward
under oath to say,

"It was me."

That woman was raped,

almost killed.

This is what
the defendant did to her.

This isn't a game of strategy

and tricks and antics.

She was raped.

I've tried many cases,

and every time
I have asked the jury

to follow the evidence,

which I will do again here.

But for the very first time,

I am going to ask the 12 of you

to follow your hearts.

I believe most people
are fundamentally moral.

And I don't think
it's wrong

for you to let conscience
be one of your guides

as you go back
to that deliberating room.

We all know
who committed this crime.

We know the brother is lying
to save him.

(sighs)

A woman was raped.

Let conscience be
your guide.

This country
has never trusted conscience

as a directional,

and why should we?

In Washington,
even our most noble politicians

sell their opinions
to special interest groups.

They have to.

Without money,
you can't get elected.

Read the papers lately?

You think the Catholic Church
is guided by conscience?

It's exactly
because we don't trust society

to act out of conscience

that we've declared ourselves
a nation of laws.

Laws.
We must follow the law.

Laws are what we have
to prevent anarchy,

and they should be.

Suicide bombers act out
of conscience,

for God's sake.

In America,
we go for the law.

In the criminal-justice system,

the law mandates
that in order to convict,

you must find the accused guilty

beyond all reasonable doubt.

You can't do that here.

The prosecution's entire case
is the victim's ID,

an ID which is highly suspect.

She had no idea
how tall he was.

She said the man
had no facial hair.

My client had a moustache.

She was admittedly in and out
of consciousness

while forming her observation,

and she was also in shock.

Can we trust
what she thinks she saw

beyond all reasonable doubt?

Add to that

another man has come forward
confessing to the crime.

The DA may not believe him.

You might not believe him.

It could be nothing
more than brotherly love,

but that confession
stands unrefuted.

Unrefuted.

Even the victim
can't contradict it,

because that man looks
just like this man,

the one she described.

Follow the law.

But even your conscience
has to tell you here

there's reasonable doubt.

DONNELL: Obviously, if the guy
should ever show up here,

just call the police.

Okay.

Where is Lindsay?

(phone rings)

She's in my office.

I'm gonna take her home.

Well, could you make her take
a couple of days off?

DONNELL: I'm trying,
believe me.

I can't believe this man
is on the street.

(sighs) That was Eugene.

The jury was out 11 minutes.

And they have a verdict?

They just got called back in.

(music playing)

Will the defendant
please rise?

Mr. Foreman,
has the jury reached a verdict?

We have, Your Honor.

What say you?

Commonwealth
vs. Jerry Cochran

on the charge
of aggravated rape,

we find the defendant,
Jerry Cochran,

guilty.

(indistinct chatter)

WHITE: Mr. Cochran

you have been convicted

by a jury of your peers.

Security, take the defendant
into custody.

This matter is now adjourned.

(gavel bangs)

YOUNG: We'll review
whatever grounds we have

and let you know if there
are any possible appeals.

Okay.

(music playing)

Thank you.

Is there a chance for appeal?

I don't know.

An 11-minute deliberation,

it could be good for something.

It's worth raising.

We'll see
what we can figure out.

GAMBLE: Dr. Cochran,

I'd cancel your appointments
for the afternoon.

I'll be sending officers
to arrest you for perjury.

You made a big mistake.

They can't get me on that,
can they?

You lied under oath.

But how can they prove it?

I can just keep
telling them I did it.

YOUNG: That DNA evidence,

it couldn't be used
against your brother,

but it can be used
against you to prove you lied.

DR. COCHRAN: Mr. Young,

Jerry and I
are identical twins.

We have the same DNA.

YOUNG: Still that story's
a little tough to swallow.

Well, if we really
get desperate,

I can just show them
the scar

where she gouged me
with a key.

(music playing)

My brother tried to tell you.

You don't know
what the truth is.

MAN (over TV):
"Boy (indistinct)

that could see Ms. Laura Hunt."

MAN (over TV): (indistinct)

WOMAN (over TV):
Gentlemen, I'm...

DONNELL: You finally
went out after--

or not.

MAN (over TV): I wish
to point out that you caught me

in my most difficult moment.

Ordinarily,
I am not without a heart.

WOMAN (over TV): Really?

(door bell rings)

(music playing)

We need to talk, Clarice.

There's a restraining order.

You just screwed up.

O'MALLEY: No, please.

Don't. Just 30 seconds,
then I'll go.

I swear.

DOLE: Bobby!

Yes, this is an emergency.

There's an intruder
in my house.

What's wrong?

DOLE: His name
is Lawrence O'Malley.

O'MALLEY: I promise, I'm not
here to cause anybody any harm.

I just need to talk
to her, please.

The police are coming.

Just tell me why
you betrayed me, Clarice.

I need to know.

Get out
before I throw you out.

You might get hurt.

Who are you?

You know who I am.

You're in danger, Clarice.

He is coming for you.

DONNELL: Get out.

Only I can save you.

You got two seconds
before I throw you out.

You'll go to heaven,

and I will take you
there myself.

Know what?

Why don't you go on ahead
without me?

(gunshot)

(grunts)

Lindsay!

(gunshots)

O'MALLEY: (grunts)

I told you

I wasn't gonna go
through it again.

(music playing)

WOMAN: You stinker!