The Practice (1997–2004): Season 6, Episode 8 - Dangerous Liaisons - full transcript
We've all seen
the famous videotape.
It does look like you.
That's the bad news.
The good news is it's only from
the side and the back.
The face isn't visible.
Why is that good news, Jimmy?
If the face were visible,
the jury would see it wasn't me.
Right.
Are you ready?
I guess.
Is a person ever ready
to stand trial for murder?
We're going to get
through this.
I know. I'm okay.
You're sure?
Yeah.
Now, go home.
Get a good night's sleep
if you can.
Tomorrow it starts.
(sighs) Thank you, Bobby.
Okay, see you tomorrow.
Bobby...
you don't think we should be
looking to cut a deal here?
There's no deal to be had.
We'd get manslaughter
at best,
which is
out of the question.
Why is it
out of the question?
They got motive.
Forensics put her at the scene.
That videotape gives
them timing.
The case got tougher,
I agree.
But how can we accept
a homicide conviction on this,
even if it's manslaughter?
Bobby...you don't think
she did it?
I know she didn't do it.
She's innocent.
Okay.
(music playing)
There's evidently
some press out front,
but they've agreed to let you
come in through the back.
I think it's best
we do that.
Okay.
Hey. Confident.
Remember?
(alarm beeping)
LUCY: Oh, here we go.
Great timing.
What's wrong?
Rape crisis.
Eugene, you're in charge.
Lucy Hatcher,
Rape Crisis.
Through that door.
Ms. Walters...
I'm Lucy Hatcher
from Rape Crisis.
Thank you for coming.
I'll, um...
I'll just explain to you
some of the procedures.
The key thing here is
trajectory.
You can see it go slightly
downward.
Typically, in a suicide,
when somebody puts a gun
to his head,
the line would be upwards.
Specifically, doctor, what did
the trajectory here indicate?
That somebody was standing over
him and shot him point-blank
from slightly behind,
which would also account
for why he fell forward.
BOBBY: Typically contact
wounds to the head
are more times than not
suicides.
That is correct, but--
Thank you, doctor.
And doctor, can you state
to a medical certainty
this was not a suicide?
We can't rule it out
to a medical certainty.
Thank you, doctor.
As I read
the coroner's incidental report,
I see listed under cause
of death--
"probable suicide."
Yes, but we later concluded
otherwise.
Yes, and was that
subsequent conclusion
based strictly
on autopsy findings,
or did you take into
consideration
other circumstantial
or physical evidence
supplied to you
by the police?
We considered other evidence
as well.
Thank you, doctor.
I don't understand.
You plan to put Mr. Potter's
reputation on trial?
No, we don't.
We just...
If he had an affair
with Ms. Dafoe,
did he have any other affairs
to your knowledge?
Not to my knowledge,
but it's not as if
he would tell me.
No, but as his secretary,
you would know the calls he got
and see who walked
in his office.
Well, the only person
was Ms. Dafoe.
Hey.
Hey, Helen.
Sybil, this is Helen Gamble.
She's a district attorney.
How you doing?
Well, all things considered,
Philadelphia seems nice.
Yeah.
Well, I do have
some good news.
We caught the man.
You did?
He posed as a delivery boy.
Listen...
do you think you could possibly
look at a police lineup?
Be in a room with him?
No, a separate room,
and he wouldn't see you.
I could be right with you
at all times.
Oh, God, I don't know.
It would only take
a minute.
It was two nights before the
accident that I discovered them.
Your husband
and the defendant?
Yes. I was leaving for the
weekend to visit my sister.
My flight was canceled.
I came back home.
She was there.
And what happened then,
Mrs. Potter?
Well, Bernard and I had
a rather massive argument.
We, um...
Two days later we were
still fighting.
And it was during an argument
while driving
that the accident happened.
As a result of
this automobile accident,
you lost the use
of your legs?
Yes.
How did your husband react
to your injury?
He, uh,
felt extremely guilty.
Shortly after, he...
terminated his relationship
with Ms. Dafoe.
Did you ever talk to her?
On a couple of occasions.
Could you describe
her demeanor?
She just... seemed urgent
to the point of being frantic.
So from your observations,
she didn't take the breakup
very well?
No.
Now, Mrs. Potter,
the defense has speculated
that your husband possibly
took his own life.
I can't believe
he would commit suicide.
On the day of his death,
did he seem
despondent or--
I will not sit here
and proclaim
he was a happy man
the day he died.
But...
to the extent, I can say
that I did know
my husband...
...I cannot see him
capable of suicide.
You have to cross her
easy, Jimmy.
Otherwise we'll completely
alienate the jury.
I know.
I don't think she hurt us
too badly.
Whoops.
Here's a burp cloth.
I think he's had enough.
Any word from Rebecca?
She's still doing interviews.
I'll see if she's called in.
This is how my life
was supposed to have turned out.
I grew up in a family where
family was everything.
So when people look
at me like I'm a murderer,
I can at least console
myself with the fact
that they have it wrong.
When I feel the accusation
of being a homewrecker...
it really hurts...
...'cause they have it right.
Hey.
Hi.
Sorry I'm late.
The depo ran over.
Hey, buddy.
Come here.
Hi.
How'd the first day go?
Not too bad.
But their big guns
come tomorrow.
I'll probably have
a late night tonight.
Okay.
Late night for Jimmy, too?
Probably.
At the time
of your husband's death,
you testified these
were not happy times.
In fact, he was being treated
for depression, wasn't he?
Yes.
And you also spoke
of his guilt,
for both the affair
and the accident.
Yes.
What is-- or was--
your favorite hobby?
Walking.
I'm told you'd
often drive into the city
and walk for hours.
Is that correct?
I wrote short stories.
So walking...
observing people...
And you also loved it.
Yes.
Did your husband
once say to people,
he wished he'd been killed
in the accident?
He said he'd rather
he lost his life
than me lose my legs, yes.
But I never took it
to mean he was suicidal.
But he said it.
He wished he'd been killed.
Now, if at any time you feel
this is too much...
Okay.
Bring them in.
Are you okay?
Yes.
McGUIRE: Number one,
please step forward.
No.
McGUIRE: Step back,
number one.
Number two,
please step forward.
No.
Number two, step back.
Number three,
step forward.
Ms. Walters...
Do you recognize this man?
(voice shaking) No.
Are you sure?
It isn't him.
I'll check on her.
She recognized him, Lucy.
(door shuts)
She must still be
in trauma.
It was probably too soon
to do this.
Maybe, but here's our problem:
the rape kit didn't
give us anything.
He was likely wearing a condom,
which we've yet to find.
Look, our ability to put this
guy away depends on her.
Without the ID,
I can't even file.
You didn't find
any forensic evidence?
We found three hairs
in the victim's office,
all belonging
to the defendant.
Now, the defendant
certainly admits
to being in that office
in the past.
The cleaning crew
informed us
that the floors are vacuumed
every single night.
Which led you to conclude...
Ms. Dafoe was there
that night.
Any other evidence pointing
to that?
Telephone records show
Mr. Potter placed a call to her
forty minutes prior
to the murder.
Then, of course,
the videotape.
That's the clearest
image we have.
KENNETH: This was taken when?
DETECTIVE: Three minutes
after the gunshot was heard.
Now, Detective, is there any
footage of this person
going into the stairwell?
No. Our theory is she probably
went up in the elevator.
So you think it's likely
that this person
went up the elevator
and down the stairwell?
Correct.
Detective, are you able to tell
from this video
how tall this person is?
Yes. Breaking it
down to scale,
we determined this person
is 5'4" tall.
How tall is the defendant,
if you know?
Five feet, four inches tall.
The two weeks before,
she would come in unannounced,
demand to see Mr. Potter.
She'd also call a lot.
Could you describe Katie Dafoe's
demeanor during these visits?
She was upset.
She seemed hurt.
Why do you look so doomed?
You knew about all this
evidence.
We're not doomed.
But, Katie...
if you went into that
building that night...
I'm not accusing you
of the murder,
but if you went into that
building at all,
I prefer we--
we admit it and deal with it.
I did not go
into the building.
I'm sorry.
I had to ask.
Please don't ask me again.
Jimmy, could you
give us a second?
I think I need to explain.
Over the last
few months, I've...
I've grown fond of you,
Katie.
Lately, uh--
I tell you this not
as some kind of advance.
I'm very happily married.
I love my wife totally.
But since
I do have feelings...
...I have to be conscious
of the reality
that my judgment could be
colored.
It's for that reason
I just asked you
that question.
So the distrust you feel
isn't so much for you...
as it is for my own
objectiveness.
Do I need to get
a different lawyer?
No.
When I saw him...
the sudden thought of having
to sit through the trial,
looking at him every day...
(sighs)
I just can't do it.
You don't have to apologize
for being afraid.
It's not just fear, Lucy.
I'm 83.
I haven't many years
to live.
I don't want to spend
one of them embroiled--
I think I could
survive this best...
if I could somehow
bring myself to forgive him...
...and move on.
Okay.
Any way I can help you?
You could make him
apologize.
I've been a police
criminologist for 11 years.
KENNETH: And what findings,
if any, did you make, doctor?
This was not a suicide.
Can you tell the court
what psychological evidence
led you to this conclusion?
In the days
leading up the death,
Mr. Potter was very
driven at work--
even productive.
He was meeting deadlines.
This kind of efficiency
belies the notion of a man
intending to end his life.
He was getting therapy,
both personally
and marital counseling.
This, again, suggests
that he was looking to heal,
move ahead, not die.
The main thing--
he left no note.
If guilt is the motivating
factor for suicide,
in my experience,
there's almost always a note.
BOBBY: Doctor,
you have known cases
where suicides
have not been planned out.
The victim acts
on a sudden decision.
Yes.
Even in cases where people
are on the mend, getting help,
productive at work.
That's not the usual.
But it's been known to happen.
People just snap.
Those cases usually involve
schizophrenia
or chemical problems.
Neither is indicated
with Mr. Potter.
But it's happened?
Of course.
There's anecdotal evidence
for almost everything, but--
Thank you.
I'd like to finish
my response, please.
You answered my question.
No, I'm telling you
I haven't answered it.
Is suicide possible here?
Of course, it is.
Anything's possible.
But based on my 17 years
as a trained professional
dealing with
this very question,
I am adamant in my belief
that this man was murdered.
It's not even
a difficult call.
I'm scared, Bobby.
We haven't even put on
our defense yet.
But our whole defense is
basically my word.
The way the jurors
are looking at me--
What did we say
about panic?
We can't have panic.
What if I get scared
during my testimony?
It might make me
look guilty.
What if I get nervous
and I can't remember?
Hey, hey, hey, hey.
Come on.
Jimmy, tell Rebecca
to revisit Potter's therapist.
Remind him privilege doesn't
survive his patient's death.
I think she did that.
Tell her to try harder!
This man was treating
the guy for depression.
He's bound to have
something we can use.
If he doesn't agree,
slap him with a summons.
I want him in that chair.
Okay.
The breakup
was very painful.
I don't deny that.
We've heard testimony
that you repeatedly
tried to change his mind.
That you would show up
at his office... unannounced.
I did.
I was hurting.
In the days leading up
to Bernard's death,
did you notice
any suicidal tendencies?
The only strange thing
was the phone call.
What phone call was that?
About 40 minutes
prior to his death,
he telephoned me.
He said he would
never see me again.
He said goodbye.
And he hung up.
It seemed very odd,
and his voice sounded
slightly erratic.
What did you do then?
I tried to call him back.
The call didn't go through,
and I never got him.
And the next thing,
I'm told he's dead.
Ms. Dafoe...
Did you go to Bernard Potter's
building that night?
I absolutely did not.
Did you go anywhere
that night?
No, I stayed at home.
You're sitting
in this courtroom today...
...accused of murder.
I committed adultery...
...with Bernard Potter,
for which
I'm very much ashamed.
And as I said,
I feel guilty...
and I take responsibility
for what happened to his wife,
but I didn't kill him.
I-I could never be capable
of such a crime with anyone.
Especially someone
that I loved.
So, it was him.
Yes.
And maybe in time
she'll change her mind,
but for now she doesn't want
the ordeal of a trial.
Well, she'd only have to be
there for her testimony.
But he'd have to be
in the room, right?
And she wants him
to apologize?
What are you hatching up?
We get that apology on tape,
we don't need her ID.
Go tell him he'll be made
by the woman
unless he apologizes.
Whoa, I'm a rape counselor,
not a police agent.
Well, I think that your client
would feel comforted
if we can put
the rapist in jail.
So, you just happened to get
a very strange call
from Bernard Potter
shortly before his death?
"Never going to see you again.
Goodbye."
Yes.
And you tried
to call him back?
Several times.
Why are there no phone records
of any such returned calls?
Because the message center picks
up after the sixth call,
and I typically hang up
after five.
I see.
Ever take a lesson
in how to shoot a gun?
Yes.
When?
About a month before
Bernard Potter's death.
Just thought it might be wise
to know how to shoot a gun?
A lot of women look into
personal protection, Mr. Walsh.
You say that isn't you?
It isn't.
You've been seen wearing
that type of overcoat
many times,
haven't you, Ms. Dafoe?
Thousands and thousands
of women in Boston
wear that style of overcoat.
What happened to yours?
We couldn't find it.
I-I threw it out.
When?
I have no idea.
I buy a lot of new clothes,
and I throw out
the old ones.
Where did you throw it out?
Just... in the garbage.
Didn't give it to a friend
or the Salvation Army?
You just threw it away?
Yes.
There are witnesses
that have seen you
wearing that coat
as recently
as a few weeks
before the shooting.
I would think that if you were
wearing it that recently,
it had to be in decent shape.
But you just threw it out?
Asked and answered.
You had a coat like that
shortly before the murder.
It couldn't be found
after the murder.
I'll say it one more time--
we have to plead this.
What else did
Potter's therapist say?
Just that.
But if he's called,
he will reject the idea
of suicide.
So I don't think
he's worth it.
I'm gonna call him.
It's too dangerous.
You saw what happened
in there!
Even so.
You don't start winging
it halfway through a trial.
Come on!
Bobby...
I agree with Jimmy.
I'm calling him.
I'd have to let him
back into my home?
With me here and the police
in adjoining apartments,
also in the hall.
I promise you'll be safe.
(sighs)
(voice wavering)
I don't know.
It's totally your decision,
and I understand if you say no.
I'm just saying if your fear
really is a long trial,
it'll only take a few minutes.
You'll get your apology,
and you'll put him in jail.
And you'll be here with me?
Every minute.
Could lose my job, but...
Why would you lose your job?
Well, this isn't exactly
what rape counselors
are supposed to be doing.
He was extremely guilt ridden
over the pain
he caused his wife.
Let's be candid.
You don't think it was
a suicide?
I don't think he was
remotely suicidal.
Dr. Papp, during your therapy
with Bernard Potter,
he discussed his affair
with Katie Dafoe?
He did.
Did he ever discuss having
an affair with anybody else
around the time of his death?
Yes.
Who?
His secretary,
Michelle Farrell.
When did this affair end,
if you know?
Objection, hearsay.
Overruled.
When did Mr. Potter's affair
with Ms. Farrell end?
About a week before his death.
Thank you.
Mr. Walsh?
I have no questions,
but reserve the right
to recall.
Witness may step down.
The Defense recalls
Michelle Farrell.
Your Honor,
I'd like some time,
in light of this new
information.
We'll break for the day,
resume tomorrow
with Ms. Farrell.
(gavel raps)
If anything happens,
we'll be in in three seconds.
Okay. Well, I'll be out in
three seconds, so don't worry.
Good luck.
Mr. Macklin.
My name is Lucy Hatcher.
I'm from Rape Crisis.
I'm the counselor for
the elderly woman you raped.
I don't know what you're
talking about.
I think you do.
She made you
in a police lineup yesterday.
Only so far, she's
keeping it to herself,
since as a Christian woman,
she believes in forgiveness.
You got lucky.
But she only plans to forgive
you if you repent.
You know her address.
Show up tomorrow at noon,
tell the woman you're sorry,
and be sorry...
or she goes to the police.
So you're going to accuse
the secretary?
I'm gonna
throw it out there.
She doesn't have a complete
alibi, so who knows?
It seems a little desperate.
Well, we are desperate,
Lindsay.
I mean,
Katie didn't do so well.
And the business of
the overcoat...
Did you ask her what
she did with the overcoat?
She was asked three times.
She threw it out.
No, I don't mean
on the stand.
I mean after,
in private.
You didn't ask?
I believe she threw it out.
What?
Are you involved
with her, Bobby?
What?!
Look, I mean, it jus--
It might just be
my hormones, I'm sorry.
But I just get
this weird feeling
that something's going on.
I mean, the way
you just believe her?
You believe something's
going on?
I'm just...
Wondering, Lindsay?
(sighs)
Sorry.
You know me better than that.
I know.
I'm just...
Maybe I'm just fried.
Goodnight.
Why didn't you tell
the police about your
affair with Mr. Potter?
It wasn't relevant.
You break up with him a week
before he's found dead--
"It wasn't relevant"?
No.
You were asked point-blank
by Rebecca Washington,
seated right over there,
whether Mr. Potter was having
any other affairs,
and you answered, to the best
of your knowledge, "No."
It's my private life.
Ms. Farrell,
did you kill your boss?
KENNETH: Objection!
What?
You had the opportunity,
the motive.
How tall are you?
This is ridiculous!
How tall are you?
I'm five-four.
Your Honor, with the court's
permission, I'd like the witness
to step out of the witness chair
for a demonstration.
I object!
Ms. Farrell,
please step out.
Stand just like this, please.
Could you put this on, please?
I object
to this grandstanding.
Overruled.
Ms. Farrell,
put the coat on.
And these glasses, please.
And the wig.
Katie?
I'd like you to...
stand just like this.
From where I'm standing...
...I see reasonable doubt.
What happens now?
They cross her,
establish her alibi.
She has one?
She was at a movie
and can account
for most of the night,
not all of it.
How did it play?
Honest?
A little desperate.
It could blow up
in your face.
All I need is one juror.
You and Perry Mason.
Jimmy...
I don't want to hear that crap
in front of the client!
You asked my opinion
in front of the client.
Do you have a problem?
Do I have a problem?
I got a big problem.
I think you have feelings
for this woman,
and you're not seeing
straight.
That's my problem.
(knock on door)
Is it just a game to you,
Mr. Donnell?
Somebody died here.
That was real.
It's not a game.
(knock on door)
Are you sure you're ready?
I'm fine.
Are you okay?
Yes.
(clears throat)
Look, I know you think I did it,
but I didn't do it.
But I'm sorry
for what happened to you.
Is that your idea
of seeking forgiveness?
You don't think I know?
I looked you in the eye.
You don't think I know
you're the man who raped me?
I'm sorry.
(chuckles)
You're sorry?
My husband was a minister.
Bet you didn't know that.
Did you ever think you were
raping a minister's wife?
(screams)
(door opens)
(crying)
I know you would have liked
to have the confession first.
But I just didn't
see the need for it.
None of the police experts
could rule out suicide.
The man was
profoundly depressed.
He crippled his wife,
a woman who loved walking like
she loved life.
He was being clinically treated
for this depression.
None of us-- none of you--
can eliminate the possibility
that Bernard Potter
took his own life.
The only reason the police
arrested Katie Dafoe
was because she seemingly
had motive.
Hairs of hers were found
at the scene,
a woman who looked like her
was seen leaving the building.
But Michelle Farrell
would also have motive.
She, too, was having an affair.
And how easy it would've been
for her to frame Katie Dafoe.
She could've collected hairs
from my client's hairbrush
and planted them,
dressed up to look like her.
We all just saw
the resemblance.
And she can't account
for her whereabouts
for the hour immediately
preceding Mr. Potter's death.
She says she was home,
just like Katie insists
she was home.
But we can't know.
Add to that the fact that
we can't even know it was
homicide at all.
You've certainly got
reasonable doubt.
Our detectives,
our forensic specialists,
our psychological experts--
all of our witnesses--
all of them were unequivocal
in their consensus.
This was a homicide.
There was no gunshot residue
on the victim's hands.
The trajectory shows that
he was shot from above,
from slightly behind,
which is totally inconsistent
with suicide.
Bernard Potter was murdered.
It's obvious,
and the defense knows it.
That's why they resorted
to that ridiculous, last-second
cloak-and-dagger stunt
of getting Mr. Potter's
secretary
to dress up in the courtroom.
True, we did not know
of Ms. Farrell's affair
with the victim,
but she is not a suspect
in this case.
Mr. Donnell is throwing her up
as a red herring
because he struck out
on the suicide pitch.
The evidence here is
overwhelming.
Ms. Dafoe had motive.
She had been acting urgently,
frantically,
showing up
at the victim's office,
desperately trying to continue
the relationship.
Her hair samples place her
at the scene.
She had an elevator access key.
She knew how to get in
and get out.
And what of the overcoat?
Where did it go?
She just happened
to throw it away
around the time of the murder?
Like she just happened
to take shooting lessons
three weeks before the murder.
A woman bearing her resemblance
just happens to be leaving
the building
three minutes
after the shooting,
wearing a coat just like one
owned by the defendant,
which coat just happens to get
thrown away that very week.
Come on.
That's just a few too many
coincidences.
Don't you think?
Katie, remember what I said?
My objectivity?
It's okay, Bobby.
I'm afraid
I may have blown it.
By suddenly pointing my finger
at the secretary.
I'm worried I may have sent
the message to the jury--
I don't believe
it was suicide.
Hey, Bobby...
You tried an incredible case.
You got every one
of their witnesses
to admit it could be suicide.
Plus, you offered another
possible scenario
if the jury is determined
to conclude homicide.
I don't question you at all.
(door opens)
Jury's back.
(sighs deeply)
JUDGE: The defendant
will please rise.
Madam Foreperson...
the jury has reached
a unanimous verdict?
We have, Your Honor.
What say you?
In the matter of
Commonwealth of Massachusetts
vs. Katherine Dafoe
on the charge of murder
in the first degree,
we, the jury,
find the defendant,
Katherine Dafoe...
...guilty.
(people gasping)
JUDGE: Ladies and gentlemen
of the jury,
you are dismissed with
the thanks of the court.
We are adjourned.
(gavel bangs)
(crying)
(gasping)
We'll appeal.
We'll appeal.
We'll appeal.
(sighs)
Are you in love
with her, Bobby?
I'm not accusing you
of being unfaithful.
I trust you completely.
(voice breaking)
It's just, uh...
Sometimes people fall in love,
whether they want to or not.
I'm not in love with her.
Something about her just...
...made me feel
protective of her.
(sighs deeply)
And I'm devastated I lost.
There's...
(sighs)
I'm in love with you.
And only you.
We're paid.
Would you be upset
if I said I didn't want you
handling her appeal?
Would you be upset
if I said I had to?
Yes.
Okay, then, I won't.
There's just something
about her, Bobby.
I just don't...
want you with her.
Then that's that, then.
I love you.
I love you, too.
But I don't feel like
saying it tonight.
(sighs)
Come on.
Let's go home.
(music playing)
You stinker!
the famous videotape.
It does look like you.
That's the bad news.
The good news is it's only from
the side and the back.
The face isn't visible.
Why is that good news, Jimmy?
If the face were visible,
the jury would see it wasn't me.
Right.
Are you ready?
I guess.
Is a person ever ready
to stand trial for murder?
We're going to get
through this.
I know. I'm okay.
You're sure?
Yeah.
Now, go home.
Get a good night's sleep
if you can.
Tomorrow it starts.
(sighs) Thank you, Bobby.
Okay, see you tomorrow.
Bobby...
you don't think we should be
looking to cut a deal here?
There's no deal to be had.
We'd get manslaughter
at best,
which is
out of the question.
Why is it
out of the question?
They got motive.
Forensics put her at the scene.
That videotape gives
them timing.
The case got tougher,
I agree.
But how can we accept
a homicide conviction on this,
even if it's manslaughter?
Bobby...you don't think
she did it?
I know she didn't do it.
She's innocent.
Okay.
(music playing)
There's evidently
some press out front,
but they've agreed to let you
come in through the back.
I think it's best
we do that.
Okay.
Hey. Confident.
Remember?
(alarm beeping)
LUCY: Oh, here we go.
Great timing.
What's wrong?
Rape crisis.
Eugene, you're in charge.
Lucy Hatcher,
Rape Crisis.
Through that door.
Ms. Walters...
I'm Lucy Hatcher
from Rape Crisis.
Thank you for coming.
I'll, um...
I'll just explain to you
some of the procedures.
The key thing here is
trajectory.
You can see it go slightly
downward.
Typically, in a suicide,
when somebody puts a gun
to his head,
the line would be upwards.
Specifically, doctor, what did
the trajectory here indicate?
That somebody was standing over
him and shot him point-blank
from slightly behind,
which would also account
for why he fell forward.
BOBBY: Typically contact
wounds to the head
are more times than not
suicides.
That is correct, but--
Thank you, doctor.
And doctor, can you state
to a medical certainty
this was not a suicide?
We can't rule it out
to a medical certainty.
Thank you, doctor.
As I read
the coroner's incidental report,
I see listed under cause
of death--
"probable suicide."
Yes, but we later concluded
otherwise.
Yes, and was that
subsequent conclusion
based strictly
on autopsy findings,
or did you take into
consideration
other circumstantial
or physical evidence
supplied to you
by the police?
We considered other evidence
as well.
Thank you, doctor.
I don't understand.
You plan to put Mr. Potter's
reputation on trial?
No, we don't.
We just...
If he had an affair
with Ms. Dafoe,
did he have any other affairs
to your knowledge?
Not to my knowledge,
but it's not as if
he would tell me.
No, but as his secretary,
you would know the calls he got
and see who walked
in his office.
Well, the only person
was Ms. Dafoe.
Hey.
Hey, Helen.
Sybil, this is Helen Gamble.
She's a district attorney.
How you doing?
Well, all things considered,
Philadelphia seems nice.
Yeah.
Well, I do have
some good news.
We caught the man.
You did?
He posed as a delivery boy.
Listen...
do you think you could possibly
look at a police lineup?
Be in a room with him?
No, a separate room,
and he wouldn't see you.
I could be right with you
at all times.
Oh, God, I don't know.
It would only take
a minute.
It was two nights before the
accident that I discovered them.
Your husband
and the defendant?
Yes. I was leaving for the
weekend to visit my sister.
My flight was canceled.
I came back home.
She was there.
And what happened then,
Mrs. Potter?
Well, Bernard and I had
a rather massive argument.
We, um...
Two days later we were
still fighting.
And it was during an argument
while driving
that the accident happened.
As a result of
this automobile accident,
you lost the use
of your legs?
Yes.
How did your husband react
to your injury?
He, uh,
felt extremely guilty.
Shortly after, he...
terminated his relationship
with Ms. Dafoe.
Did you ever talk to her?
On a couple of occasions.
Could you describe
her demeanor?
She just... seemed urgent
to the point of being frantic.
So from your observations,
she didn't take the breakup
very well?
No.
Now, Mrs. Potter,
the defense has speculated
that your husband possibly
took his own life.
I can't believe
he would commit suicide.
On the day of his death,
did he seem
despondent or--
I will not sit here
and proclaim
he was a happy man
the day he died.
But...
to the extent, I can say
that I did know
my husband...
...I cannot see him
capable of suicide.
You have to cross her
easy, Jimmy.
Otherwise we'll completely
alienate the jury.
I know.
I don't think she hurt us
too badly.
Whoops.
Here's a burp cloth.
I think he's had enough.
Any word from Rebecca?
She's still doing interviews.
I'll see if she's called in.
This is how my life
was supposed to have turned out.
I grew up in a family where
family was everything.
So when people look
at me like I'm a murderer,
I can at least console
myself with the fact
that they have it wrong.
When I feel the accusation
of being a homewrecker...
it really hurts...
...'cause they have it right.
Hey.
Hi.
Sorry I'm late.
The depo ran over.
Hey, buddy.
Come here.
Hi.
How'd the first day go?
Not too bad.
But their big guns
come tomorrow.
I'll probably have
a late night tonight.
Okay.
Late night for Jimmy, too?
Probably.
At the time
of your husband's death,
you testified these
were not happy times.
In fact, he was being treated
for depression, wasn't he?
Yes.
And you also spoke
of his guilt,
for both the affair
and the accident.
Yes.
What is-- or was--
your favorite hobby?
Walking.
I'm told you'd
often drive into the city
and walk for hours.
Is that correct?
I wrote short stories.
So walking...
observing people...
And you also loved it.
Yes.
Did your husband
once say to people,
he wished he'd been killed
in the accident?
He said he'd rather
he lost his life
than me lose my legs, yes.
But I never took it
to mean he was suicidal.
But he said it.
He wished he'd been killed.
Now, if at any time you feel
this is too much...
Okay.
Bring them in.
Are you okay?
Yes.
McGUIRE: Number one,
please step forward.
No.
McGUIRE: Step back,
number one.
Number two,
please step forward.
No.
Number two, step back.
Number three,
step forward.
Ms. Walters...
Do you recognize this man?
(voice shaking) No.
Are you sure?
It isn't him.
I'll check on her.
She recognized him, Lucy.
(door shuts)
She must still be
in trauma.
It was probably too soon
to do this.
Maybe, but here's our problem:
the rape kit didn't
give us anything.
He was likely wearing a condom,
which we've yet to find.
Look, our ability to put this
guy away depends on her.
Without the ID,
I can't even file.
You didn't find
any forensic evidence?
We found three hairs
in the victim's office,
all belonging
to the defendant.
Now, the defendant
certainly admits
to being in that office
in the past.
The cleaning crew
informed us
that the floors are vacuumed
every single night.
Which led you to conclude...
Ms. Dafoe was there
that night.
Any other evidence pointing
to that?
Telephone records show
Mr. Potter placed a call to her
forty minutes prior
to the murder.
Then, of course,
the videotape.
That's the clearest
image we have.
KENNETH: This was taken when?
DETECTIVE: Three minutes
after the gunshot was heard.
Now, Detective, is there any
footage of this person
going into the stairwell?
No. Our theory is she probably
went up in the elevator.
So you think it's likely
that this person
went up the elevator
and down the stairwell?
Correct.
Detective, are you able to tell
from this video
how tall this person is?
Yes. Breaking it
down to scale,
we determined this person
is 5'4" tall.
How tall is the defendant,
if you know?
Five feet, four inches tall.
The two weeks before,
she would come in unannounced,
demand to see Mr. Potter.
She'd also call a lot.
Could you describe Katie Dafoe's
demeanor during these visits?
She was upset.
She seemed hurt.
Why do you look so doomed?
You knew about all this
evidence.
We're not doomed.
But, Katie...
if you went into that
building that night...
I'm not accusing you
of the murder,
but if you went into that
building at all,
I prefer we--
we admit it and deal with it.
I did not go
into the building.
I'm sorry.
I had to ask.
Please don't ask me again.
Jimmy, could you
give us a second?
I think I need to explain.
Over the last
few months, I've...
I've grown fond of you,
Katie.
Lately, uh--
I tell you this not
as some kind of advance.
I'm very happily married.
I love my wife totally.
But since
I do have feelings...
...I have to be conscious
of the reality
that my judgment could be
colored.
It's for that reason
I just asked you
that question.
So the distrust you feel
isn't so much for you...
as it is for my own
objectiveness.
Do I need to get
a different lawyer?
No.
When I saw him...
the sudden thought of having
to sit through the trial,
looking at him every day...
(sighs)
I just can't do it.
You don't have to apologize
for being afraid.
It's not just fear, Lucy.
I'm 83.
I haven't many years
to live.
I don't want to spend
one of them embroiled--
I think I could
survive this best...
if I could somehow
bring myself to forgive him...
...and move on.
Okay.
Any way I can help you?
You could make him
apologize.
I've been a police
criminologist for 11 years.
KENNETH: And what findings,
if any, did you make, doctor?
This was not a suicide.
Can you tell the court
what psychological evidence
led you to this conclusion?
In the days
leading up the death,
Mr. Potter was very
driven at work--
even productive.
He was meeting deadlines.
This kind of efficiency
belies the notion of a man
intending to end his life.
He was getting therapy,
both personally
and marital counseling.
This, again, suggests
that he was looking to heal,
move ahead, not die.
The main thing--
he left no note.
If guilt is the motivating
factor for suicide,
in my experience,
there's almost always a note.
BOBBY: Doctor,
you have known cases
where suicides
have not been planned out.
The victim acts
on a sudden decision.
Yes.
Even in cases where people
are on the mend, getting help,
productive at work.
That's not the usual.
But it's been known to happen.
People just snap.
Those cases usually involve
schizophrenia
or chemical problems.
Neither is indicated
with Mr. Potter.
But it's happened?
Of course.
There's anecdotal evidence
for almost everything, but--
Thank you.
I'd like to finish
my response, please.
You answered my question.
No, I'm telling you
I haven't answered it.
Is suicide possible here?
Of course, it is.
Anything's possible.
But based on my 17 years
as a trained professional
dealing with
this very question,
I am adamant in my belief
that this man was murdered.
It's not even
a difficult call.
I'm scared, Bobby.
We haven't even put on
our defense yet.
But our whole defense is
basically my word.
The way the jurors
are looking at me--
What did we say
about panic?
We can't have panic.
What if I get scared
during my testimony?
It might make me
look guilty.
What if I get nervous
and I can't remember?
Hey, hey, hey, hey.
Come on.
Jimmy, tell Rebecca
to revisit Potter's therapist.
Remind him privilege doesn't
survive his patient's death.
I think she did that.
Tell her to try harder!
This man was treating
the guy for depression.
He's bound to have
something we can use.
If he doesn't agree,
slap him with a summons.
I want him in that chair.
Okay.
The breakup
was very painful.
I don't deny that.
We've heard testimony
that you repeatedly
tried to change his mind.
That you would show up
at his office... unannounced.
I did.
I was hurting.
In the days leading up
to Bernard's death,
did you notice
any suicidal tendencies?
The only strange thing
was the phone call.
What phone call was that?
About 40 minutes
prior to his death,
he telephoned me.
He said he would
never see me again.
He said goodbye.
And he hung up.
It seemed very odd,
and his voice sounded
slightly erratic.
What did you do then?
I tried to call him back.
The call didn't go through,
and I never got him.
And the next thing,
I'm told he's dead.
Ms. Dafoe...
Did you go to Bernard Potter's
building that night?
I absolutely did not.
Did you go anywhere
that night?
No, I stayed at home.
You're sitting
in this courtroom today...
...accused of murder.
I committed adultery...
...with Bernard Potter,
for which
I'm very much ashamed.
And as I said,
I feel guilty...
and I take responsibility
for what happened to his wife,
but I didn't kill him.
I-I could never be capable
of such a crime with anyone.
Especially someone
that I loved.
So, it was him.
Yes.
And maybe in time
she'll change her mind,
but for now she doesn't want
the ordeal of a trial.
Well, she'd only have to be
there for her testimony.
But he'd have to be
in the room, right?
And she wants him
to apologize?
What are you hatching up?
We get that apology on tape,
we don't need her ID.
Go tell him he'll be made
by the woman
unless he apologizes.
Whoa, I'm a rape counselor,
not a police agent.
Well, I think that your client
would feel comforted
if we can put
the rapist in jail.
So, you just happened to get
a very strange call
from Bernard Potter
shortly before his death?
"Never going to see you again.
Goodbye."
Yes.
And you tried
to call him back?
Several times.
Why are there no phone records
of any such returned calls?
Because the message center picks
up after the sixth call,
and I typically hang up
after five.
I see.
Ever take a lesson
in how to shoot a gun?
Yes.
When?
About a month before
Bernard Potter's death.
Just thought it might be wise
to know how to shoot a gun?
A lot of women look into
personal protection, Mr. Walsh.
You say that isn't you?
It isn't.
You've been seen wearing
that type of overcoat
many times,
haven't you, Ms. Dafoe?
Thousands and thousands
of women in Boston
wear that style of overcoat.
What happened to yours?
We couldn't find it.
I-I threw it out.
When?
I have no idea.
I buy a lot of new clothes,
and I throw out
the old ones.
Where did you throw it out?
Just... in the garbage.
Didn't give it to a friend
or the Salvation Army?
You just threw it away?
Yes.
There are witnesses
that have seen you
wearing that coat
as recently
as a few weeks
before the shooting.
I would think that if you were
wearing it that recently,
it had to be in decent shape.
But you just threw it out?
Asked and answered.
You had a coat like that
shortly before the murder.
It couldn't be found
after the murder.
I'll say it one more time--
we have to plead this.
What else did
Potter's therapist say?
Just that.
But if he's called,
he will reject the idea
of suicide.
So I don't think
he's worth it.
I'm gonna call him.
It's too dangerous.
You saw what happened
in there!
Even so.
You don't start winging
it halfway through a trial.
Come on!
Bobby...
I agree with Jimmy.
I'm calling him.
I'd have to let him
back into my home?
With me here and the police
in adjoining apartments,
also in the hall.
I promise you'll be safe.
(sighs)
(voice wavering)
I don't know.
It's totally your decision,
and I understand if you say no.
I'm just saying if your fear
really is a long trial,
it'll only take a few minutes.
You'll get your apology,
and you'll put him in jail.
And you'll be here with me?
Every minute.
Could lose my job, but...
Why would you lose your job?
Well, this isn't exactly
what rape counselors
are supposed to be doing.
He was extremely guilt ridden
over the pain
he caused his wife.
Let's be candid.
You don't think it was
a suicide?
I don't think he was
remotely suicidal.
Dr. Papp, during your therapy
with Bernard Potter,
he discussed his affair
with Katie Dafoe?
He did.
Did he ever discuss having
an affair with anybody else
around the time of his death?
Yes.
Who?
His secretary,
Michelle Farrell.
When did this affair end,
if you know?
Objection, hearsay.
Overruled.
When did Mr. Potter's affair
with Ms. Farrell end?
About a week before his death.
Thank you.
Mr. Walsh?
I have no questions,
but reserve the right
to recall.
Witness may step down.
The Defense recalls
Michelle Farrell.
Your Honor,
I'd like some time,
in light of this new
information.
We'll break for the day,
resume tomorrow
with Ms. Farrell.
(gavel raps)
If anything happens,
we'll be in in three seconds.
Okay. Well, I'll be out in
three seconds, so don't worry.
Good luck.
Mr. Macklin.
My name is Lucy Hatcher.
I'm from Rape Crisis.
I'm the counselor for
the elderly woman you raped.
I don't know what you're
talking about.
I think you do.
She made you
in a police lineup yesterday.
Only so far, she's
keeping it to herself,
since as a Christian woman,
she believes in forgiveness.
You got lucky.
But she only plans to forgive
you if you repent.
You know her address.
Show up tomorrow at noon,
tell the woman you're sorry,
and be sorry...
or she goes to the police.
So you're going to accuse
the secretary?
I'm gonna
throw it out there.
She doesn't have a complete
alibi, so who knows?
It seems a little desperate.
Well, we are desperate,
Lindsay.
I mean,
Katie didn't do so well.
And the business of
the overcoat...
Did you ask her what
she did with the overcoat?
She was asked three times.
She threw it out.
No, I don't mean
on the stand.
I mean after,
in private.
You didn't ask?
I believe she threw it out.
What?
Are you involved
with her, Bobby?
What?!
Look, I mean, it jus--
It might just be
my hormones, I'm sorry.
But I just get
this weird feeling
that something's going on.
I mean, the way
you just believe her?
You believe something's
going on?
I'm just...
Wondering, Lindsay?
(sighs)
Sorry.
You know me better than that.
I know.
I'm just...
Maybe I'm just fried.
Goodnight.
Why didn't you tell
the police about your
affair with Mr. Potter?
It wasn't relevant.
You break up with him a week
before he's found dead--
"It wasn't relevant"?
No.
You were asked point-blank
by Rebecca Washington,
seated right over there,
whether Mr. Potter was having
any other affairs,
and you answered, to the best
of your knowledge, "No."
It's my private life.
Ms. Farrell,
did you kill your boss?
KENNETH: Objection!
What?
You had the opportunity,
the motive.
How tall are you?
This is ridiculous!
How tall are you?
I'm five-four.
Your Honor, with the court's
permission, I'd like the witness
to step out of the witness chair
for a demonstration.
I object!
Ms. Farrell,
please step out.
Stand just like this, please.
Could you put this on, please?
I object
to this grandstanding.
Overruled.
Ms. Farrell,
put the coat on.
And these glasses, please.
And the wig.
Katie?
I'd like you to...
stand just like this.
From where I'm standing...
...I see reasonable doubt.
What happens now?
They cross her,
establish her alibi.
She has one?
She was at a movie
and can account
for most of the night,
not all of it.
How did it play?
Honest?
A little desperate.
It could blow up
in your face.
All I need is one juror.
You and Perry Mason.
Jimmy...
I don't want to hear that crap
in front of the client!
You asked my opinion
in front of the client.
Do you have a problem?
Do I have a problem?
I got a big problem.
I think you have feelings
for this woman,
and you're not seeing
straight.
That's my problem.
(knock on door)
Is it just a game to you,
Mr. Donnell?
Somebody died here.
That was real.
It's not a game.
(knock on door)
Are you sure you're ready?
I'm fine.
Are you okay?
Yes.
(clears throat)
Look, I know you think I did it,
but I didn't do it.
But I'm sorry
for what happened to you.
Is that your idea
of seeking forgiveness?
You don't think I know?
I looked you in the eye.
You don't think I know
you're the man who raped me?
I'm sorry.
(chuckles)
You're sorry?
My husband was a minister.
Bet you didn't know that.
Did you ever think you were
raping a minister's wife?
(screams)
(door opens)
(crying)
I know you would have liked
to have the confession first.
But I just didn't
see the need for it.
None of the police experts
could rule out suicide.
The man was
profoundly depressed.
He crippled his wife,
a woman who loved walking like
she loved life.
He was being clinically treated
for this depression.
None of us-- none of you--
can eliminate the possibility
that Bernard Potter
took his own life.
The only reason the police
arrested Katie Dafoe
was because she seemingly
had motive.
Hairs of hers were found
at the scene,
a woman who looked like her
was seen leaving the building.
But Michelle Farrell
would also have motive.
She, too, was having an affair.
And how easy it would've been
for her to frame Katie Dafoe.
She could've collected hairs
from my client's hairbrush
and planted them,
dressed up to look like her.
We all just saw
the resemblance.
And she can't account
for her whereabouts
for the hour immediately
preceding Mr. Potter's death.
She says she was home,
just like Katie insists
she was home.
But we can't know.
Add to that the fact that
we can't even know it was
homicide at all.
You've certainly got
reasonable doubt.
Our detectives,
our forensic specialists,
our psychological experts--
all of our witnesses--
all of them were unequivocal
in their consensus.
This was a homicide.
There was no gunshot residue
on the victim's hands.
The trajectory shows that
he was shot from above,
from slightly behind,
which is totally inconsistent
with suicide.
Bernard Potter was murdered.
It's obvious,
and the defense knows it.
That's why they resorted
to that ridiculous, last-second
cloak-and-dagger stunt
of getting Mr. Potter's
secretary
to dress up in the courtroom.
True, we did not know
of Ms. Farrell's affair
with the victim,
but she is not a suspect
in this case.
Mr. Donnell is throwing her up
as a red herring
because he struck out
on the suicide pitch.
The evidence here is
overwhelming.
Ms. Dafoe had motive.
She had been acting urgently,
frantically,
showing up
at the victim's office,
desperately trying to continue
the relationship.
Her hair samples place her
at the scene.
She had an elevator access key.
She knew how to get in
and get out.
And what of the overcoat?
Where did it go?
She just happened
to throw it away
around the time of the murder?
Like she just happened
to take shooting lessons
three weeks before the murder.
A woman bearing her resemblance
just happens to be leaving
the building
three minutes
after the shooting,
wearing a coat just like one
owned by the defendant,
which coat just happens to get
thrown away that very week.
Come on.
That's just a few too many
coincidences.
Don't you think?
Katie, remember what I said?
My objectivity?
It's okay, Bobby.
I'm afraid
I may have blown it.
By suddenly pointing my finger
at the secretary.
I'm worried I may have sent
the message to the jury--
I don't believe
it was suicide.
Hey, Bobby...
You tried an incredible case.
You got every one
of their witnesses
to admit it could be suicide.
Plus, you offered another
possible scenario
if the jury is determined
to conclude homicide.
I don't question you at all.
(door opens)
Jury's back.
(sighs deeply)
JUDGE: The defendant
will please rise.
Madam Foreperson...
the jury has reached
a unanimous verdict?
We have, Your Honor.
What say you?
In the matter of
Commonwealth of Massachusetts
vs. Katherine Dafoe
on the charge of murder
in the first degree,
we, the jury,
find the defendant,
Katherine Dafoe...
...guilty.
(people gasping)
JUDGE: Ladies and gentlemen
of the jury,
you are dismissed with
the thanks of the court.
We are adjourned.
(gavel bangs)
(crying)
(gasping)
We'll appeal.
We'll appeal.
We'll appeal.
(sighs)
Are you in love
with her, Bobby?
I'm not accusing you
of being unfaithful.
I trust you completely.
(voice breaking)
It's just, uh...
Sometimes people fall in love,
whether they want to or not.
I'm not in love with her.
Something about her just...
...made me feel
protective of her.
(sighs deeply)
And I'm devastated I lost.
There's...
(sighs)
I'm in love with you.
And only you.
We're paid.
Would you be upset
if I said I didn't want you
handling her appeal?
Would you be upset
if I said I had to?
Yes.
Okay, then, I won't.
There's just something
about her, Bobby.
I just don't...
want you with her.
Then that's that, then.
I love you.
I love you, too.
But I don't feel like
saying it tonight.
(sighs)
Come on.
Let's go home.
(music playing)
You stinker!