The Practice (1997–2004): Season 6, Episode 22 - The Verdict - full transcript

Okay. Standby for Larry.

Three, two, one.

Tonight, high courtroom drama.

With us now in Boston
is Ellenor Frutt,

attorney for Lindsay Dole.

Good evening, Larry.

Ms. Frutt, your client
shoots a former client,

and she's raised
battered woman syndrome

as a defense?

FRUTT: That's correct.

We typically think



of a battered woman as a wife,

with the batterer
being the husband,

but the syndrome
is not confined

to domestic relationships.

Okay, but how
did Lawrence O'Malley

batter her?

FRUTT: Well, without getting
into the details

of our defense,
he threatened to kill her.

My client was in reasonable
fear for her life

at the time Mr. O'Malley
showed up.

And this is different
from self-defense, how?

Self-defense would be
an objective standard.

Was it reasonable
for the defendant

to use deadly force?



Here, it's more
of a subjective test.

Was it reasonable
for Lindsay Dole,

in her particular mental state,
to use force?

And this is where battered
woman syndrome applies.

No love lost between you
and the district attorney.

Kenneth Walsh
is a fine prosecutor,

but he typically lets
his thirst for vengeance

color his actions,
and he's doing so here.

It's a deliberate attempt
to contaminate the jury.

I want her gagged
right now.

Let's add free speech
to the list of things you hate.

That wasn't free speech,
Ellenor.

WEST: Let's wipe some
of the foam off your mouth.

She attacked me personally,
Your Honor.

If you feel libeled,
I suggest you sue me.

WEST: This is not starting
off well.

Mr. Walsh, I am loathe
to issue gag orders

and if I might share
with you an inside tip,

the book on you is,

you're less effective
in the room when angry,

and I would guess Ms. Frutt
is attempting

to get you in that state.

And you might be best served

by ignoring
her out-of-court antics.

WALSH: When those antics
are for the purpose

of influencing the jury.

WEST: I will watch the tape

and decide if she went too far.

Now, as a warning
to both of you,

keep it professional.

You know, I'm tired
of your piss-ass crap.

I'm tired of your
firm's piss-ass crap.

You made a big mistake,
Ellenor,

and your client's
gonna pay for it

for the rest of her life,
you piss-ass,

scum-crap dirt bastard.

You seem mad.

(music playing)

Thanks.

We've got a problem.
What?

Walsh just filed
a last-minute motion.

He wants an unavailable
witness instruction

given to the jury.

Who's the unavailable
witness?

Bobby.

We have to prove guilt
beyond all reasonable doubt.

That's our burden.

And certainly,
Bobby Donnell has the right

not to testify,
but if he exercises that right,

the jury should know
it's not the prosecution's fault

for failing to produce
a single witness.

That's not what
he's trying to do.

He's waving a flag for the jury.

"Hey, Bobby Donnell's
not talking.

He must be hiding something."

What's your proposed
instruction, Mr. Walsh?

"Mr. Donnell was present
during the shooting.

The defense,
but not the prosecution,

could have called Mr. Donnell
as a witness.

They did not do so.

You may infer that,
had Mr. Donnell been called,

he would've given testimony
unfavorable to Ms. Dole."

That is outrageous.

It renders spousal privilege
meaningless.

Mr. Young--
He brought this motion

for them, the media.

He wants it in print
that Bobby Donnell

had something to hide.

If I wanted to talk
to the media,

I would've went right
to the morning news shows,

like you people.

All right.

Mr. Young, Bobby Donnell

is on your witness list.

If you plan to call him,
this motion is moot.

We shouldn't have to declare
our hand now.

It's our right to call him.

It's our right not to.

You're not the only one
with rights.

Bobby Donnell was the only
one in the room.

If he doesn't want
to testify, fine.

But the jury shouldn't punish
the Commonwealth

for his unavailability.

Mr. Walsh,
your motion is denied.

We are adjourned until 1:00,

at which point,
trial will start.

Come back here with evidence.

Leave the nonsense
at the door.

(gavel bangs)

Both sides are expected
to open today.

Tomorrow, the prosecution

will call its first witness.

We're set?

Okay.

YOUNG: Bobby,
something to think about,

the motion they just brought?

It may have been
just for the press,

but Walsh could've
had another motive.

Which is?

To force you to take
the stand.

If they got that instruction,

we would have no choice
but to call you,

and it makes me nervous
that he wants you up there.

Or he wants us to think
that so I don't testify.

Shouldn't we go?

I'm staying here
with Rebecca.

You'll look more
sympathetic, Lindsay,

without an army.

We went over this, Eugene.

I know, I'm just going
over it again.

Why?

Because I want so much
to be in that room,

and I want you to know that.

We all love you.

Every one of us.

And whether we're here

or in there,

we're with you.

And we're ready for this.

(indistinct shouting)

I'm gonna let you in
on a little secret,

I'm glad Lawrence O'Malley

took three in the chest.

The man, as you'll hear,

was an accused murderer.

A cannibal.

The politically correct
term for him

would be "damaged,"

and a part of me thinks
Lindsay Dole

did us all a favor.

I would've liked
to have shot him

but I wouldn't have.

Nor would any of you,

because we have a law
against revenge killings.

There are rules against
firing three bullets

point-blank
into an unarmed man.

It's called murder.

The evidence will show
that the defendant

executed Lawrence O'Malley,
simple as that.

She just shot him dead
in cold blood.

As viscerally satisfying
as that may be,

this was first-degree homicide.

It was murder.

Lindsay Dole
doesn't even remember

shooting Lawrence O'Malley.

That moment
is completely blacked out,

and the evidence will show

that her brain
quite likely went black

before she pulled the trigger.

Three years ago,

Lindsay Dole was stabbed

three times by a client.

She nearly died.

Last year,
she was stalked and threatened

by a serial killer
who was also a client.

Here, after defending
Lawrence O'Malley

from multiple killings,

she was stalked by him.

He threatened to kill her.

He showed up at her door

in violation
of a restraining order,

entered her house,
and this time--this time,

Lindsay snapped.

All of those clients
came back into her head.

They were all personified
by Lawrence O'Malley,

standing in her house,
threatening to kill her,

and this time she just snapped.

By the way,

if Lindsay hadn't snapped,

she'd be dead now.

No question.

WALSH: You were representing
the victim.

McGONIGAL: Yes.
The defendant was trying

to have Mr. O'Malley
civilly committed.

I was acting
as Mr. O'Malley's counsel.

What was the disposition
of that motion?

The petition was denied.

Mr. O'Malley
was not committed.

And Ms. McGonigal,

what happened after
the judge made her ruling?

Well, Ms. Dole was not happy
with the outcome.

She then approached
Mr. O'Malley.

Did she do
or say anything?

Yes. She said to him,

"Come near me, I'll kill you."

WALSH: Were those
her exact words?

Those were her exact words.

WALSH: Thank you.

You said my client

brought the motion to have
Mr. O'Malley committed.

Wasn't that motion brought

by the Commonwealth
of Massachusetts?

Your client is close friends
with Helen Gamble,

a district attorney.

Who brought the motion,
Ms. McGonigal?

Lindsay Dole,

or the Commonwealth
of Massachusetts?

Technically, the state.

Did Mr. Walsh ask you
to leave that part out?

Objection.
WEST: Sustained.

FRUTT: You testified
that my client

was "not happy"
by the ruling.

She was a little more
than "not happy,"

wasn't she?
Well--

FRUTT: She jumped up in court

and called the judge crazy.

Did you not hear that?
I heard it.

FRUTT: As far as courtroom
decorum goes,

she was out of control,
wasn't she?

I'm not going to have you
put the words

"out of control"
in my mouth, counsel.

FRUTT: Did it get to a point
where the judge

had to threaten
Ms. Dole with contempt?

That's an interpretation.

The judge never used
the word "contempt."

I see.

So, it would be
your interpretation

that Lindsay
was "not happy"?

Yes.
Thank you.

By the way,

in your opposition
to Mr. O'Malley's commitment,

you argued that,
instead of incarceration,

Mr. O'Malley
should receive treatment,

did you not?
Yes.

FRUTT:
And as one vested

in safeguarding
his interests,

did you take any steps

to see to it
that he got that treatment?

I was vested
in safeguarding

his legal interests.

FRUTT: You stood
before the court,

opposed to his
being committed,

said, "Let's get
him treatment,"

and after the ruling,
you just said, "Goodbye,"

doing nothing to help him
get the treatment?

Is it because you really didn't
think he needed the treatment,

or that you just
couldn't be bothered?

Objection!
FRUTT: No, I am sorry,

but I will not conceal
my disgust here.

Mr. O'Malley might not be dead
had this witness

done her job.
Objection!

FRUTT: You kept him
on the street,

you took your fee,

and you did nothing!
Objection!

Ms. Frutt!
FRUTT: Well, at least

you make
for a great witness.

WEST: Ms. Frutt,

you are one remark away
from a jail cell.

(music playing)

Did I go too far?

DONNELL: I don't think so.

We had to pop her.

She took a side,

we had to pop her.

Who's up next?

They go to forensics now.

ILLICH:
The blood-spatter evidence

shows the victim
to be here,

approximately 15 feet
from the shooter.

Mr. Donnell
would've been here.

WALSH:
you can tell that from...

The blood-spatter
on his clothing.

WALSH:
So, he would've been between

the victim
and the defendant?

Correct.

Any blood
on Ms. Dole's clothing?

ILLICH:
No, she was too far away.

WALSH: And, Mr. Illich,
were you able to determine

if Mr. O'Malley was moving

at the time he was shot?

He was either
standing still

or moving backwards.

WALSH:
How can you tell that, sir?

ILLICH: The trajectory
of the wounds.

Also, if he'd been
moving forward at all,

his momentum likely
would've caused him

to fall facedown.

He was found on his back.

Is it your testimony
that it would be impossible

for the victim
to have been moving forward

at the time he was shot?

Not impossible.
I'm speaking in likelihoods.

I'm looking
at the positioning here.

Bobby Donnell
was close to being

in the line of fire,
wasn't he?

Well, no.
He was off to the side,

so the line of fire--

Well, he was between
the shooter and the victim.

Not exactly
a safe place to be,

is it, Mr. Illich?

No.
And yet,

his wife fired.

Did it make you wonder
whether she had just snapped?

Objection.
I'm only asking

if the expert
crime analyst wondered.

I'll allow it.

Did you wonder?

I just analyze
bloodstain patterns.

I don't get into
mental states.

FRUTT: You're up here
to convince the jury

that the victim
wasn't moving forward.

The only relevance of that,
I'd assume,

goes to whether Lindsay
thought she was in danger.

That goes to her
mental state,

does it not?

Indirectly, yes.

FRUTT:
Indirectly? Mr. Illich,

can you make
a representation here

as to Ms. Dole's
mental state or not?

I'm not going to make

any such representation.

Thank you.

DOLE:
Yes, it is an emergency.

There's an intruder
in my house.

MAN: Where is he?

DOLE: His name is
Lawrence O'Malley.

He's here in violation
of a restraining order.

He's dangerous,

and I need for you
to send somebody now.

The address is
1312 Beacon St.,

apartment 4.

WALSH:
That sounded pretty calm.

Objection!

Sustained.

WALSH: Mr. Forbes,
in the background,

we can hear
other voices.

FORBES: Yes, those voices
were identified

as belonging
to Mr. Donnell

and the victim,
Lawrence O'Malley.

Were you able to detect
what they were saying?

Yes. We were able
to both isolate

and enhance
their conversation.

Okay.

DOLE:
Yes, it is an emergency.

There's an intruder
in my house.

DONNELL: What's wrong?

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

I just need to talk
to her, please.

That's when she hung up.

Thank you, Mr. Forbes.

FRUTT: You have no idea
what transpired

after she hung up?

Well, I know she shot him.

FRUTT: Yes. Between the time

she hung up
and she fired,

you don't know
what was said or what happened.

Correct?

Correct.

The defense is expected
to begin tomorrow

with their psychiatric
evidence.

Dr. Emily Fink
is up first.

She's considered to be
one of the nation's

leading authorities

on battered
woman syndrome.

Ellenor,

you're doing great.

You haven't really asked
for my advice,

but could I give you some?

Lindsay killed
an unarmed man.

Science cannot
explain that.

Only Lindsay can.

Battered woman syndrome,
that's your device.

It entitles the jury
to set her free,

if they want to.

They won't want to

unless they hear
from Lindsay.

And Bobby, too.

Eugene thinks Walsh
is gunning for Bobby.

GAMBLE: He may be.

Look, I know you guys
know this,

but the burden of proof

isn't on
the prosecution here.

The burden of an excuse

is on you.

FINK:
People mistakenly associate

battered woman syndrome
with revenge.

It isn't that.

What is it, doctor?

FINK: Well, mostly,

it's an extreme
stress disorder.

It's a mental disorder,

which can cause the sufferer
to lose mental control

over his or her actions.

FRUTT: Did you examine
Lindsay Dole, doctor?

Yes, I did.

This woman was the victim
of repeated abuse,

the abusers being
her own clients.

She had buried
a lot of fear.

She had been in denial.

In reality, she had
no coping mechanisms

with which to handle

Mr. O'Malley's threats.

At the moment
she shot him--

She doesn't remember it.

She suffers from
a psychological amnesia.

She's walled it off
from herself

as a way of psychologically
protecting herself.

You say you examined
Lindsay Dole.

For how long?

Several hours.

WALSH: And before
this examination,

how long had you known
Ms. Dole?

I didn't know her.

WALSH: Is it your testimony

Ms. Dole didn't know
what she was doing

when she pulled
that trigger?

My testimony is,

given her history
of abuse,

her fear or apprehension
was reasonable.

But she likely knew
what she was doing.

I don't know
whether she did or didn't.

Nor does she, because
she's blocked it out.

WALSH: Yes,
the psychological amnesia.

Have you ever known
extreme guilt

to trigger
this kind of amnesia?

Yes.
WALSH: In fact, my experts

tell me
psychological amnesia

would be more common
in people who commit murder

than people who act
in self-defense.

Each case is different, and--

WALSH: I appreciate that,

but statistically,

what's the more common cause

of psychological amnesia,

murder or
justified self-defense?

I'm not comfortable
speaking in statistics.

Let me ask again.

What is the more
common cause

of psychological amnesia?

Murder or
justified self-defense?

Murder.

Thank you, doctor.

(music playing)

I'm gonna go next,
and then we'll finish with you.

Okay.

DONNELL: We need to study
the transcripts

of our statements.

I've studied it.

It's a good idea
to go over it again.

We don't want
to get caught

in so much
as a discrepancy.

I've studied it, Bobby.
They're not gonna catch me.

Study yours.

It's going very well.

You do know that.

I do.

I'm gonna study
my statement.

Good.

(door opens)

I consider myself friends
with both Lindsay and Bobby.

Between the two of them,

I think Bobby is more likely
to kill somebody.

Why are they even
talking to him?

JOEY:
I'm not saying he did it.

I just know he's gallant.

And that he'd take the fall
for his wife, if necessary.

I just have my doubts.

Reasonable doubts.

I hope that helps.

DONNELL:
She started to unravel

even during the trial.

FRUTT:
When you say "unravel"--

DONNELL: She started having
emotional tantrums,

to the point
where she said

she wanted to lose
the trial.

FRUTT: The trial
in which you were defending

Lawrence O'Malley?

DONNELL: Yes. He kept staring
at her in court,

saying how he'd take her
to heaven,

and she started
to come undone.

We were all worried
about her.

FRUTT: At some point,

you took out a restraining order
against this man.

Yes, but it didn't matter.

He just kept coming.

FRUTT: Turning your attention

back to the night
in question,

can you please tell us
what happened?

I was in the bedroom.

I heard Lindsay
scream for me.

I came running out--
there he was.

O'Malley?
DONNELL: Yes.

I asked him to leave,
he wouldn't.

I threatened
to throw him out,

and then,
he just turned.

He turned?

DONNELL: He was a paranoid
schizophrenic

who suffered from
psychotic breaks,

and it looked like
he was becoming psychotic here.

Then he looked at Lindsay
and told her she was in danger,

told her the other man
was coming for her.

FRUTT: What did you do?

DONNELL:
I kept asking him to leave.

I didn't want
to antagonize him,

because I knew
that's what makes him snap,

but it was as if
he didn't even hear me.

He had this
crazed look,

like he was just going
to explode or something.

And then,
he threatened her again.

And she just shot the gun.

I looked at her.

She..

she had this vacant,

dazed expression

as she fired.

She put the gun down,

and then she went to her room.

And what did you do?

I called the police.

And then I went in
to check on Lindsay.

She didn't even know
what happened.

She didn't know
she had shot him.

It seemed like she was...

just gone.

Thank you.

You said your wife
started to unravel

during the O'Malley trial.

Yes.

WALSH: When?

Well, it happened
almost immediately.

He called her "Clarice"

and made his obsession known

from the beginning.

But your wife
didn't beg off.

She continued
to interact with him

and be his lawyer.
Yes.

WALSH: In fact,
you even had your wife handle

Mr. O'Malley's direct testimony.

That was a strategic decision.

Your wife is becoming unglued,

but for the sake of getting
this cannibal off,

best to let her keep going?

DONNELL: At the point
Lindsay did her direct,

she was still basically okay.

It was after that she really
started to suffer.

Did you get her to a doctor?

I was planning to.

You were planning to?

You wouldn't be lying now

to help save your wife,

would you, Mr. Donnell?

Objection.

Overruled.

I'm not lying.

WALSH: After she shot the man,

you said you saw "a dazed,

vacant look in her eyes."

DONNELL: Yes.

WALSH: Did you tell
the police this?

The police never asked
what she looked like.

Isn't it true after
witnessing the event,

you knew your wife
had committed murder?

That is not true.

That is not true?

That is not true.

WOMAN:
There's a gunshot victim?

DONNELL: Yes. We need
an ambulance right away

at 1312 Beacon.

WOMAN: And who shot the man?

DONNELL: A man has been shot.

Please get an ambulance

to 1312 Beacon.

When the operator asked you,
"Who shot the man?"

why didn't you just tell her?

It wasn't necessary
to tell her.

WALSH: Wasn't necessary?

So a man is lying
on your floor

with three gunshot wounds,

and you're deciding
what is or isn't necessary

to tell the police operator?

You called the police.

Call anybody else?

I called Eugene Young.

A lawyer.

A colleague and friend.

In fact, you huddled
with Mr. Young,

Ms. Frutt, another colleague
and friend,

Mr. Berluti over there,

another colleague and friend,

and after the huddle,

did you tell the police
what happened?

Objection, this goes
to privileged--

WALSH: I'm not asking
what the colleagues

and friends talked about.

I'm asking whether he talked

to the police that night.

The objection is overruled.

WALSH: Did you tell
the police what happened?

My wife had to get
to a hospital.

Did you tell the police--

I had to be with my wife.

WALSH: Did you consider
yourselves suspects?

We talked to the police
the next day.

WALSH: The next day?

Your lawyers organized
a meeting

at your offices,

under your control,

where the police
could ask questions.

Yes.

WALSH: Mr. Donnell,
we've heard testimony

of another client
who terrorized your wife,

a man by the name
of William Hinks.

What happened to him?

Objection! Relevance.

Overruled.

What happened to Mr. Hinks?

He was killed.

He was murdered

by a man you did business with,

correct?

By a man I used to represent.

You had a conversation
with this man.

This man then murdered
Mr. Hinks,

and you were arrested
for conspiracy

to commit murder.

I was acquitted.

I smell a pattern,

threaten Lindsay Dole,

you get killed.

Objection!

WARREN: Sustained!

(indistinct chatter)

(music playing)

YOUNG: What happened?
Bobby got picked apart

while Ellenor sat on her hands.

BERLUTI:
It didn't go that bad.

The direct was fine.

DOLE: It sucked, Jimmy.

Okay?

It looked like
we had something to hide.

Bobby played it like
we had something to hide.

They introduced the Hink's Case,

which should
have been objected to

as a prior bad act.

FRUTT:
Bobby's not the defendant.

You should've been
jumping up and down!

Well, I'm ready
to jump now, Lindsay.

BERLUTI: All right.
FRUTT: No,

what do you want from us?

DONNELL: Shut it down, Ellenor.

What I can't get by is
in that room--

in that room,
when you all--

What room?
My bedroom.

When--

you all came
and instinctively

you looked at this as a murder.

You all powwowed
with strategy

because you were
at a murder scene.

None of you have ever
looked at this

as self-defense
or battered woman.

And you're doing
everything you can

to get me acquitted,
and I am so grateful,

I am, but...

but in your eyes,

your minds,

I committed a crime.

And maybe in mine, too.

(voice breaking)
He had no weapon.

He wasn't even moving,

and I just--
he was just standing there,

talking,
and I shot him.

I just--I just killed him.

(crying)

It's okay
if you get emotional.

That won't hurt you.

It's important to talk
about how you feel.

Okay.

Obviously you can't say some

of the things
you said yesterday.

You can't, you know.

Okay.

Look at me.

None of us--

none of us think of you

as a murderer.

Because you're not.

The lawyer part of ourselves

kicked in that night,

because that's who

and what we are.

But nobody in this office thinks

what happened
that night was murder.

Okay.

You snapped.

I was there.

I saw it.

You snapped.

Okay.

(music playing)

You say it all started
to come back.

Can you tell the jury
what came back?

First, Hinks,

'cause Hinks tried
to kill me, too.

Hinks stalked me.

It was first Hinks.

I--it was Hinks first,

then Vogelman.

FRUTT: Vogelman?

George Vogelman.

He was a client.

He stabbed me.

He was a client.

His, his name was George,

and--

he was a client.

He stabbed me.

Three times.

And Mr. O'Malley brought
memories of these men back?

First Hinks,

then Vogelman,

three times.

FRUTT: Lindsay,
did you ever see a doctor

or a therapist
to help you deal

with the trauma
over Hinks and Vogelman?

I did for a while,
but then I had to be okay,

so I was okay.

I had to be okay.

FRUTT:
Why did you have to be okay?

Because I'm not a victim.

I can't be a victim.

That's why I opened the door.

What door?
My door.

When he came--

O'Malley--

I knew it was probably him,

but I opened my door anyway.
I wasn't gonna be a victim.

It was my house.

And after you opened the door?

I killed him.

What happened
before you killed him?

He was there to kill me.

He came to take me to heaven.

That's why--

he came to take me
to heaven.

FRUTT: And you perceived

what he meant was...

He was about to kill me.

He said "I am taking you
to heaven,

just like--"

that's why I said it.

I told him, "You go on
ahead without me,"

and then I shot him.

Three times,
just like Vogelman.

Three times.

I was afraid he'd kill me,

O'Malley.

Vogelman did try to kill me.

He stabbed me.

O'Malley stabbed, too.

That's how he killed
his victims.

I wasn't gonna let him eat me.

I have nothing further.

(music playing)

After he said,

"I'm going to take you
to heaven,"

you said, "You go on
ahead without me"?

Yes.

And then you shot him.

Yes.

Three times?

Yes.

WALSH: Thank you.

Nothing further.

(music playing)

BERLUTI: I don't think,
actually,

she hurt herself.

She seems on the verge--

She is.

FRUTT: You want me to try
for a plea?

They're not offering,
but I think--

DONNELL: Jimmy thinks
we didn't get hurt.

FRUTT: "You go on ahead
without me"?

Walsh is going
to be ringing that

like the Liberty Bell.

BERLUTI: She looked nuts,

which is okay
for the jury to see.

You ready to close?

Am I ready?

I stayed up all night
getting ready.

The answer is,

I have no idea if I'm ready.

DONNELL: You need to come
through here, Ellenor.

You need to close big.

It's different
than it used to be.

Defense attorneys,
prosecutors,

we used to be the advocates

that stayed out of the fray.

And though we interacted

with murderers every day,

we were off-limits.

Now,

it's different.

Death threats are made

against district attorneys.

Defendants attack

their own lawyers.

Lindsay Dole's life
was threatened

three times by clients.

Stalked,

stabbed,

terrorized.

She is a victim of abuse,

and you saw firsthand

the mental effects
during her testimony.

Mr. Walsh began this trial

with the presumption

he never would've fired the gun,

and neither would any of you.

First off, really?

A serial killer,

who strikes so fast
and unexpectedly,

that has to be handcuffed

and muzzled at his own trial,

shows up at your house

threatening to kill you.

Are we really sure

none of us would've fired?

Secondly,

neither Mr. Walsh's
state of mind

nor yours is an issue here.

It's Lindsay Dole's.

As a sufferer
of battered woman syndrome,

as a victim of past threats
from clients,

attempts on her life,
being stabbed,

her mental state

was in a much more
fragile place.

She was ready to snap
even before...

he rang that doorbell.

Since this whole thing turns

on Lindsay's state of mind,

we put her on the stand

in hopes that you would get
to know her a little.

Because to know her

is to be convinced

of her innocence.

But you didn't get to see...

Lindsay today.

You got to see a battered woman

squeezing her hands,

still in trauma,

determined...

not to be the victim

she very much is.

When you go back into that room,

it is okay to ask yourself,

"What is the moral thing
to do here?"

It isn't...

putting Lindsay Dole in jail.

Please return a finding
of "not guilty."

Thank you.

I still get moved

to hear lawyers

speak passionately
about their clients.

Somebody asked me once,

"Don't you wish prosecutors

got to have clients,

somebody to fight for?"

Well, we do.

You people are my clients.

The general public,

that's who I get to fight for.

And as much compassion
as I feel for Lindsay Dole

and I do feel it,

this was an act

of vigilantism.

Vengeance.

She threatened
earlier in the day

to kill him.

She got herself a gun,

and she did kill him.

He was not moving toward her.

There is no evidence
that he yelled,

made any aggressive gesture

or movement toward her.

He said he would take her
to heaven,

and she shot him three times.

The phone calls,

her voice was calm, composed.

Bobby Donnell's phone call

clearly demonstrated he knew

his wife was culpable.

He refused to identify her
as the shooter.

Why would he do that

if he thought the shooting
was justified?

Why the immediate assembly
of lawyers?

The refusal to speak
to police?

This is consistent

with the behavior

of guilty people.

Are these people above the law?

If you decide they are,

the general public isn't served.

If we're to say

cold-blooded homicides are okay,

so long as there has been
a pattern of past abuse,

the general public isn't served.

He was unarmed.

He was standing

15 feet away.

Standing still.

And she said to him,

"You go on ahead without me,"

and shot him three times.

Now, as much as the defense

would like you to focus on

who and what Lindsay Dole is,

this trial isn't about that.

It's about what she did.

And what she did...

was murder.

(music playing)

WALSH: If you condone that,

or even excuse it,

the general public

isn't served.

The law...

isn't served.

And I'm sorry, Ms. Frutt,

but neither is morality.

(music playing)

Can I say one thing?

I just--

I'm sorry I got upset
at you yesterday, Ellenor.

I think you tried
an amazing case.

Thank you.

(sighs)

I'm grateful to all of you.

And I'm also...

so sorry that I...

put the firm--

(sighs)

I'm grateful

and I'm sorry.

That's what I want to say.

(music playing)

(door opens)

(music playing)

WARREN: Will the defendant
please rise?

Madam Foreperson,

the jury has reached
a unanimous verdict?

We have, Your Honor.

What say you?

"Commonwealth vs. Lindsay Dole"

on the count of murder

in the first degree,

"we find the defendant,

Lindsay Dole,

guilty."

WARREN: Bailiff,

take the defendant into custody.

Ladies and gentlemen
of the jury,

thank you for your service.

You're now dismissed.

This matter is adjourned.

(gavel bangs)

(handcuffs click)

(music playing)

(music playing)

WOMAN: You stinker!