The Practice (1997–2004): Season 7, Episode 1 - Privilege - full transcript
Following Lindsay's murder conviction on the season finale, season 7 opens with Lindsay being sentenced to life in prison. Bobby tries to keep it together, and chooses Rebecca to lead Lindsay's appeal. Meanwhile, Jimmy is hired by a woman who kidnapped a little girl many years ago, to anonymously inform the girl's mother that she is safe and sound. That action opens up a huge can of worms, resulting with the false arrest of the woman originally accused of the kidnapping.
DONNELL: Last season on
"The Practice"
We need to talk, Clarice.
There's a restraining order.
You just screwed up.
O'MALLEY: I promise.
I'm not here to cause
anybody any harm.
I just need to talk to her.
Get out before I throw you out!
O'MALLEY:
You're in danger, Clarice.
He is coming for you.
Only I can save you.
Why don't you go on ahead
without me?
(gunshot)
Lindsay!
(gun shots)
WALSH: She just shot him dead
in cold blood.
This was first-degree homicide.
We've heard testimony
of another client
who terrorized your wife.
What happened to him?
He was killed.
WALSH: He was murdered
and you were arrested
for conspiracy
to commit murder.
I was acquitted.
WALSH: I smell a pattern,
threaten Lindsay Dole,
you get killed.
Objection!
GAMBLE: Lindsay
killed an unarmed man.
The burden of an excuse
is on you.
DONNELL: None of us
think of you as a murderer
because you're not.
I was there.
I saw it.
You snapped.
Okay.
When he came,
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.
WEST: Madam foreperson,
the jury has reached
a unanimous verdict?
WOMAN: We have, Your Honor.
WEST: What say you?
WOMAN: We find the defendant,
Lindsay Dole, guilty.
(indistinct chatter)
(music playing)
They're bringing her in.
MAN: Commonwealth
versus Lindsay Dole, sentencing.
Mr. Walsh?
I have nothing, Your Honor,
other than to remind the court
that the crime
for which Ms. Dole
was convicted is murder.
The taking of human life
is not only an act
against that life
but a crime against law,
humanity, the Commonwealth,
and we feel that
the statutory sentence
is appropriate.
Mr. Young?
Your Honor, we would ask
the court at this time
to convert Ms. Dole's conviction
from first-degree murder
to voluntary manslaughter.
The Commonwealth opposes.
YOUNG: You have before you
the psychological examinations
done by both the Commonwealth
and the defense
which all conclude
that Ms. Dole's state of mind
was severely compromised
at the time
she committed this crime.
The court can also take
judicial notice of the facts.
Ms. Dole did not act
with any aforethought.
There was no premeditation.
Her own husband
was in the line of fire.
Now, while the jury
was certainly free to reject
the defense of legal insanity,
Ms. Dole's actions
just as certainly fall
within the scope
of heat of passion.
A killer came to her door,
threatened her,
and she reacted.
Your Honor, can
and should find that Ms. Dole
committed her act
while under the influence
of extreme mental
and emotional disturbance
for which there
was a reasonable excuse.
This fits the classic
definition of manslaughter,
not murder one, not murder two,
but voluntary manslaughter.
Accordingly, this verdict
is contrary to the evidence.
It is contrary to the law,
and I would respectfully request
that you adjust the verdict
to the appropriate degree.
The jury heard testimony
of how Ms. Dole threatened
to kill the victim
the very day of the shooting.
Those were her words.
The jury heard Ms. Dole's voice
on the phone
evidencing a calm demeanor,
no passion whatsoever,
seconds before the shooting.
Personally, I've never even
seen a manslaughter with a gun.
Manslaughter is usually
a fist, a vehicle,
a fight, sometimes a stabbing.
But when a woman walks
from her door,
retrieves her purse,
retrieves a handgun
from within that purse,
shoots the man who is still
standing by the door,
that's not manslaughter,
and I will remind the court
of something you already know,
you are not entitled
to simply substitute
your judgment
for that of the jury's.
You can only override
the first-degree conviction
if you find there
is no reasonable basis for it.
Here, you cannot make
such a finding.
As such,
I respectfully request
that you allow the jury's
verdict to stand.
WEST: Ms. Dole, do you have
anything you'd like to say?
I would like to express
my condolences
to the family
of Lawrence O'Malley.
I would also like
to assure the court
the lack of remorse
I seemingly demonstrated
in my phone call
to the police that night...
was more a product of my shock
than the person
I think and hope I am.
I took a human life.
I had the opportunity
to retreat.
I didn't do so.
I accept responsibility
for a homicide conviction.
I committed a homicide,
but given my shock,
and my fear,
and the underlying trauma
I was experiencing
from past assaults against me,
I feel my judgment
and state of mind
were compromised.
And that the crime I'm guilty
of is more consistent
with voluntary manslaughter.
Thank you.
(music playing)
WASHINGTON: Did he say
when he would rule?
DONNELL: No.
It's good that he took
it under advisement.
DONNELL: But bad he wouldn't
let us call witnesses.
What is with the heat?
You said it was being fixed.
It is. It should.
What the hell is wrong
with it?
Do I look like a plumber?
A plumber fixes water,
Rebecca.
Tell me you
didn't know that.
You want to get off my back,
Ellenor?
What happens
when your toilet clogs,
you call an electrician?
My toilet never clogs,
Ellenor.
Do you have that problem?
What's that supposed to mean?
Not a thing.
Not a thing?
Only you seem a little edgy.
DONNELL: Ellenor, you do seem
a little on edge.
I'm hot!
DONNELL: Fine.
It'll all be fixed today.
We got a walk-up.
Anybody?
DONNELL: Jimmy.
I took the last one.
WASHINGTON: No, I did.
Well, how about you, Ellenor?
I have Jamie Stringer at 10:00,
who, by the way,
you called back.
Not just me. Eugene liked her.
Jimmy, just take the walk-up.
(sighs)
It's always me.
HATCHER: James Berluti,
Melissa Halpern.
BERLUTI: Hi.
Hello.
This is my daughter, Joey.
BERLUTI: Nice to meet you.
Nice to meet you.
How can I be of help?
Is there someplace you
and I could speak privately?
Of course.
MELISSA: I told my daughter
that this was just about
insurance and so forth, but...
(sighs)
...that isn't it.
First, I need to know
that what I tell you
will remain confidential.
Absolutely.
Please.
I wanted you to meet
my daughter to, um,
well, I guess
for some perspective.
Sixteen years ago,
I kidnapped her.
I was into drugs
and I got this inane notion
that having to take care
of a child
would be a kind
of a lifeline to--
I just grabbed her out
of a hospital
when she was a newborn,
and I've been raising her
ever since.
Does your daughter know?
MELISSA:
No, and it's imperative
that she never find out.
It would destroy her.
I also have two small
children, a family.
I mean,
if this ever got out,
many lives would be destroyed.
So why are you here?
Um...
I recently read
a magazine article
about two lives
that have been destroyed
the birth mother
and the woman they accused
of stealing Joey.
BERLUTI: Another woman
was convicted?
MELISSA: No,
they never pressed charges
due to lack of evidence,
but evidently,
the cloud of suspicion
followed her, and--
well, the irony is
that she went on
to get into some
of the same drug problems
that I was looking
to escape.
I don't wanna turn
myself in.
It isn't an option,
but two things in this article,
the birth mother,
she says the horror
lives on every day
of not knowing what happened,
whether her daughter
is dead or--
she said that if
she could just know
that her daughter
has a good life somewhere
and is happy, and for
the woman who is accused,
she said if even one person
could know she was innocent,
even one...
I would like you to go
to the birth mother
and tell her how happy
and safe her daughter is.
And then I would like you
to go to the woman
who was accused and tell her
you know she's innocent.
I-I have, uh...
two money orders,
each in the amount of $70,000.
If I had more,
I would pay them more.
Can you do this for me,
Mr. Berluti?
FRUTT: Obviously, your academic
credentials are superb.
Thank you.
FRUTT: But I have to say,
I'm curious,
with the offers
you're getting, why here?
STRINGER: Those offers
are all civil.
The only thing I've ever
wanted to do is criminal,
and this firm for criminal.
I've been court-buffing you
guys for two years.
Really?
I was at the Lindsay Dole
trial every day.
I almost cut a final.
Any tips? We could have used
some pointers on that one.
Are you serious?
Well, sure.
Well, I'm sure
I couldn't say anything
that you haven't
already thought about.
Just for fun.
Why don't you throw it out?
(giggles)
Feels like a test.
Um...
I thought it was a mistake
to go with battered woman.
It may be a viable theory
technically,
but juries pretty much
reject the abuse excuse.
It seems desperate.
I felt you cut
your legs off at the top.
What else were we supposed
to argue?
STRINGER:
Straight self-defense.
Wink, wink.
It really would have amounted
to jury nullification,
but--and here's where I feel
like you really dropped
the ball--
I'm sorry.
I-I don't mean to--
No, go ahead.
What you did was characterize
Lindsay as a crazy.
You know, she snapped,
she was outside of herself,
she lost control,
but the problem is
juries don't like
to free nutsos.
Instead of depicting
her as aberrant,
you should have portrayed her
as every woman.
You know, who wouldn't
pull the trigger
if the guy comes
to her house?
We sort of did that.
STRINGER: Not enough,
you didn't.
You basically argued
we can't know
what it's like to be her.
She was in a different place,
but I would have put
the jury right in her shoes,
right in that place.
At least one of them would
have pulled the trigger.
The worst you get
is a hung jury.
Hindsight's always 20/20.
I-I know.
(doorbell rings)
Hi.
I'm looking for Sally Burns.
I'm Sally.
My name
is James Berluti.
I, uh...
I represent the individual
who kidnapped your daughter
16 years ago.
I'm not at liberty to divulge
this individual's name,
but this person hired me
to communicate to you
that your daughter
is safe and happy.
The individual continues
to parent your daughter.
The individual feels
great remorse
for all the pain
caused to you,
and sends to you
this money order
in the amount of $70,000.
The individual
wants you to know
that he or she is very sorry
for hurting you.
That's all
I'm at liberty to say.
(music playing)
What didn't you like
about her?
I don't know.
I just didn't.
You see her transcript?
FRUTT: Yeah, her grades
were great.
That's why we
interviewed her.
But the purpose
of the interview is to see
if we like her and I didn't.
Bec, I want you
to interview her.
FRUTT: Why?
Hiring is supposed
to be unanimous.
If I didn't like her--
We're also supposed
to have a group discussion.
Rebecca is part of the group.
She needs to interview her.
I thought she was great.
Yes, all the men think
she's swell.
Why are you so testy?
Hey.
What's wrong?
What, I can't just pop in
to say hi?
What's wrong?
Jimmy...
police got a visit
from a woman
named Sally Burns
last night.
You had to know she'd go
to the police.
So what?
It's attorney/client.
GAMBLE: Not necessarily.
A crime is ongoing.
BERLUTI: What crime?
The kidnapping!
The individual
still has her.
The crime is ongoing, Jimmy,
which means you can reveal.
Helen, I'm not going to tell.
You know
I'm not going to tell.
What?
GAMBLE: I'm going to get
a judge to force you to tell.
No judge is ever--
I think you're wrong.
We already know
who she is,
Bernice White,
56 years old,
works as a waitress
at the King Street Cafe.
We'll get her one way
or another.
If she comes forward
and cooperates,
I'll give her three years.
You have 24 hours.
(door closes)
MELISSA: You can't tell.
You gave me your word!
BERLUTI: Listen--
I didn't even want you
to tell him!
He's a lawyer here.
The privilege extends
to all.
And now you're breaking
the privilege!
Nobody's revealing
your secret.
What are you telling me?!
YOUNG: We're telling you
the D. A.
is trying to force us
to reveal your identity.
If she is successful--
MELISSA: Oh, my God!
Oh, my God!
YOUNG: Melissa,
you need to calm down here.
MELISSA: I just wanted
to help those people!
I did not wanna risk jail!
I can leave the room
and come back later
or you can calm down
and listen to me now.
We are not going
to give you up.
You need to be aware--
Melissa.
Melissa, I need your full
attention now.
You asked Mr. Berluti
to contact the woman
accused of the kidnapping.
Which I've been trying to do,
but I haven't got her yet.
YOUNG: It is our opinion
that we should no longer
try to contact her,
and here's why,
they still think she's it.
If we contact her,
we'd effectively be telling
the police, "It's not her.
Could be anybody."
For your protection,
it's best that
she remains a suspect.
I know you wanted to help,
but there's too much
risk in it.
Okay.
YOUNG: I also wanted to open up
a bogus file for you
on the chance the police
are watching this building
to see who goes in and out,
and the chances
are good they are.
I want a file explaining
your presence here.
We can create something
under estate planning.
I have small children.
I cannot go to jail.
Melissa, we are not gonna
let that happen.
Hi.
Hey.
Rebecca will be right
with you.
STRINGER: Great.
I can't believe I even got
called back again after...
What happened?
Well, my mouth tends
to disclose
what I think sometimes,
and, well,
I may have offended
Ms. Frutt.
Ah, don't worry about it.
I offended them
when I walked in the door.
I didn't think
I'd last a week.
That was four years ago.
WASHINGTON: Hi, Jamie?
Yes.
Rebecca Washington.
Very nice to meet you.
You too.
We can go in here.
Ms. Frutt, hello.
Hi.
HATCHER: Oh, Jimmy,
this is Bernice White.
She says
you've been calling her.
(music playing)
Yes. Yes.
James Berluti.
Thanks for coming.
What's this about?
Did I inherit something?
BERLUTI: Actually,
we thought you did,
but it was another
Bernice White.
I'm very sorry.
What'd she get?
Sorry?
This other Bernice White.
What'd she inherit?
Oh, only a few hundred
dollars, actually.
Nothing.
You sure made it sound
a lot more important
than a few hundred dollars.
Again, I apologize.
What's wrong?
Nothing.
What's wrong with you?
(sighs)
Nothing.
So here we are then,
two people with nothing wrong.
Did I blow it?
Blow what?
Lindsay's trial.
Ellenor...
FRUTT: That Hinks
stuff with you
never should have come in.
You objected.
I objected once
for the record.
I should have shut it down.
Look--
Abuse defenses,
statistically, are losers.
We had to have something.
FRUTT: Battered woman
syndrome is desperate.
Even a third year law
student knows that.
This was a team defense.
FRUTT: But I tried it.
I was the one up there.
Come on, a serial killer
with a restraining order?
How could I not win?
We have all won with much,
much less!
Where is this coming from?
That little slut Rebecca
is interviewing.
She picked me to pieces
and she was right.
We focused the jury
on Lindsay being crazy
when we should have argued
how reasonable she was.
How could I not have seen it?
None of us saw it.
FRUTT: Why?
How could we all--
I think Lindsay was desperate
to believe she snapped.
She was desperate
to believe
she was crazy, Ellenor,
so we became desperate
to help her believe it.
You didn't pull
the trigger, Ellenor.
It's good talking to you,
Bobby.
You remember years ago,
we used to come in here
at the end of the day
and we would just talk.
What happened?
FRUTT: I don't know.
You have become a bit
of an island, Bobby.
You don't turn to others,
even in your times of...
I've tried to be there.
For her.
For all of you.
That isn't exactly it.
You're there
when we need you, Bobby,
but we all get a little
desperate from time to time
for you to need us.
Look, it's a very tough thing
we're asking for,
attorney/client privilege.
SALLY: He knows
where she is.
She's alive, Ms. Gamble
and this lawyer knows.
He knows--
GAMBLE: Sally,
you have to understand.
Legal ethics and morality
are two different things.
Sometimes they fly
in the absolute face
of each other.
(knock on door)
Helen,
I'm sorry.
Can I talk to you
for a second?
I'm kind of
in the middle of something.
Please.
Could you give me
a minute?
(door closes)
Look, I'm not gonna fight you
on the merits
of what you're trying
to do here.
Good.
But I'm asking you
to hold off.
If it gets out our firm
is helping a kidnapper to--
Helen,
you know the fallout.
It might not necessarily
affect Lindsay's disposition,
but we do not need
Judge West
getting angry at us
about something else.
I doubt this
would have any bearing
on Lindsay's fate.
But with the possibility
it could,
please.
When's he supposed to rule?
11:00.
I'll push my motion
to this afternoon.
Thank you.
Thank you.
(door opens)
Bobby likes her,
as do I,
and Rebecca and Jimmy.
What exactly bothered you
about her?
FRUTT: I don't know.
She seemed perky,
suck-uppy, arrogant.
Perky, suck-uppy,
arrogant.
Maybe it's that
Harvard thing.
Look, given our current
state of things,
the Harvard grads
aren't exactly
flooding us
with their resumes.
This is a real prospect,
Ellenor, I--
You didn't find her
a little slutty?
Slutty?
FRUTT: Yes,
she's got that giggly,
flirty thing.
WASHINGTON: So now
she's a giggly, flirty,
suck-uppy, arrogant slut?
FRUTT: Look, I'm sure
she's a great person.
She's obviously
very smart.
I just didn't get
a great hit,
that's all.
Seeing as
the rest of us did
and we need to hire,
I vote we extend an offer.
Me too.
Me too.
Okay.
(footsteps approach)
It's quarter to 11:00.
(music playing)
How you doing?
I'll let you know.
BAILIFF: All rise.
This court is in session.
The honorable Judge West
presides.
Be seated.
First, let me state
for the record
my disfavor
for the legal gamesmanship.
For the defense to argue
diminished capacity
then to lose,
only then to march
into sentencing
claiming it was manslaughter,
it strikes me
as a disingenuous attempt
to have two bites
at the legal apple.
That having been said,
I am required to consider
this second bite,
and as I view
the evidence,
this case warrants a finding
of voluntary manslaughter
more than murder one.
Had I been sitting
on the jury,
I most definitely
would have voted that way.
But I wasn't a juror
in this case.
I am the judge,
and as the prosecutor
correctly points out,
a judge should only
overturn a verdict
if he finds
no reasonable basis for it.
I can't make that leap.
I therefore
uphold the verdict.
Ms. Dole, you have been
convicted of murder
in the first degree.
I am bound by the statute
to sentence you
to the Framingham
Correction Facility
for the remainder
of your natural life.
We are adjourned.
(gavel bangs)
We have a strong appeal.
We have solid issues,
Lindsay.
We got strong grounds.
We go before the state
supreme court next week.
We are going
to get you out.
(music playing)
(phone rings)
(door opens)
(door closes)
She's holding up.
She's going to be transferred
tomorrow afternoon.
I'm gonna go back
and be with her till then.
Ellenor and I
were talking last night,
and she thought
it'd be a good idea for me--
for me to lean on
all of you,
a little more,
personally.
I think I'll probably
be doing that.
(door opens and closes)
YOUNG: Jimmy,
we better go.
We will survive this.
You'll survive it
and Lindsay will.
I know.
Bobby, I know you know.
Factuals and legals aside,
the emotional
undercurrents
of a case play a part
with juries, with judges,
even Supreme Court justices.
You know that better
than anybody, right?
Bobby, look at me.
Give me this appeal.
I'll bring your wife home.
(music playing)
The identity
of a client
has never been privileged,
Your Honor.
It has when the disclosure
of the identity
would incriminate
a person criminally.
Hold on a second,
Mr. Berluti.
Assuming your client
enjoys privilege,
so what?
We've got a crime here.
Person has been
kidnapped.
She could be
in severe physical danger.
She's not in danger.
KITTLESON:
Says who? The kidnapper?
I've seen her.
She's healthy--
KITTLESON: Careful, counsel.
You're about to make
yourself a witness.
Your Honor,
as you correctly imply,
this is an
ongoing crime.
Mr. Berluti has knowledge
as to who has the victim.
BERLUTI:
This is a past crime.
It happened 16 years ago.
GAMBLE: It happens every day.
The girl is still
being held.
She's not being held.
She doesn't even know
she's kidnapped.
My client has been
her parent--
GAMBLE: Oh, come on,
if a kidnapper
went to a lawyer
for the purpose
of eluding capture,
there's no doubt
we would consider that
an ongoing case.
That's not
what's going on here.
Are you sure?
She says she wants
to help the victim.
Maybe she's clever.
Maybe she is using you
to check the status
of the investigation.
She's not doing that.
You say so.
We don't know.
The point is
it shouldn't matter.
Sally Burns' daughter
is still out there
in the hands of the person
who took her.
That's present tense,
Your Honor.
This is an ongoing case.
Attorney/client privilege--
BERLUTI:
Even if she's right,
that would give me the choice
to break privilege.
It would not incur an obligation
on my part to do so.
If a person is in danger--
I have no knowledge
or belief
that any bodily harm
would ensue.
I don't have to break privilege
and I won't.
And I submit to this court
in close cases
and this would be one,
the doubt
has to be resolved
in favor of the client.
If not,
what are we left with?
We can't have clients thinking
privilege is vulnerable.
When a person
goes to a lawyer,
he or she has to know
this confidentiality
will be upheld.
Murderers get that privilege.
Rapists, hijackers,
they all get that privilege.
Kidnappers do, too.
GAMBLE: Your Honor,
I'd prefer to focus
on the rights
of the kidnap victim here,
who is still suffering--
BERLUTI: She's not suffering!
KITTLESON: All right.
Ms. Gamble,
from a moral standpoint,
I'm with you.
Ms. Burns,
speaking as a mother,
I can certainly
feel for you,
but as a judge,
I have to side
with Mr. Berluti.
Attorney/client privilege
is sacrosanct.
It is paramount
to our system of justice.
The Commonwealth's
petition is denied.
We're adjourned.
SALLY: How can you do this?
Ma'am?
She stole my daughter!
She has my daughter!
How can you do this?
Ms. Burns--
You have no conscience!
GAMBLE: Okay, Sally.
SALLY:
I want my daughter back!
GAMBLE: Sally--
SALLY: I want my daughter.
I would have thought
they'd be open by 9:00.
Are you a client?
No.
Are you?
Oh, no.
I'm a lawyer.
Actually hoping
to get a job here.
They keep bringing me in
for all these call backs.
I'm about
to pull my hair out.
Is this considered
a good place to work?
Oh, excellent.
It's one of the top three
criminal practices
in the state.
The place to come
if you're a criminal, huh?
Well, that's one way
to look at it, I guess.
I'm a pretty good judge
of character, Mr. Berluti.
You strike me
as a decent man.
I can't have
this conversation.
Do you believe in God,
Mr. Berluti?
Ms. Burns,
I represent a person
with interests
contrary to yours.
It would be
unethical for me
to have any dialog
with you.
Can you tell me
what my daughter
looks like?
No.
Can you tell me
whether or not
she's a good person?
I don't really know her,
but she struck me
as an excellent person.
Rebecca?
Eugene and I
talked about it.
We both agree.
She probably exudes
the most moral integrity,
I think passion, too.
Our grounds are good,
but we're not going to win
unless the justices,
for some reason,
want us to.
So Bec's passion, I think,
is our best strength.
Okay.
Listen,
I thought about, um,
bringing Bobby here
to say
goodbye because, you know,
I didn't want him
to see you all shackled.
Yeah.
When?
2:00.
After his nap.
Okay.
I'm never going to get out,
am I, Bobby?
Of course you will.
I got the job?
Congratulations.
STRINGER:
Oh, I don't believe it!
I was so sure
I offended you.
Me?
Get out of town.
When do I start?
When can you start?
STRINGER: Hello?
How about yesterday?
Does yesterday
work for you?
I think she's excited.
STRINGER: Oh, God.
I need to call my parents.
Oh!
What's going on?
Ms. White--
BERNICE: No, never mind that.
What's wrong?
What's wrong?
First,
you're calling me
saying it's really important
that we meet
and then I see you
on television
concerning a crime that I have
been suspected of for 16 years.
So I'm asking you again,
Mr. Berluti,
what the hell is going on?
Bernice White, please place
your hands behind your back.
BERNICE: What?
McGUIRE: You're under arrest
for kidnapping.
Hold on a second.
Jimmy--
I just wanna know
what's going on.
We're arresting
your client, Jimmy.
No, I'm not
his client!
Tell them
I'm not your client!
She--
YOUNG: We neither confirm
nor deny that
she is our client.
What? Tell them!
We neither confirm
nor deny she is our client.
Take her.
No, I didn't do anything!
I didn't do anything!
These people called me!
Tell them!
Eugene, we can't--
Jimmy, my office.
By denying
she's our client,
we betray
Melissa Halpern.
Eugene, they basically
just arrested that woman
for entering our offices.
I was the one
who called her down here.
That is
an unfortunate result,
but we can't change it.
We continue to honor
the privilege.
We say nothing.
That woman will be
on the news tonight
pegged for the crime again!
Jimmy,
she's not our client!
DOLE: Okay. What about that?
It's kind of hard to tell.
What is that one?
(babbles)
Silly.
No, blue!
DOLE: What if we put blue
and yellow...
together?
What does that make?
Red.
Silly.
Green.
DOLE: That's right.
You've got it.
The rainbow.
BOBBY: I want that, too.
Okay.
Okay, mommy's gotta go now.
No.
I'm gonna go...
live in a different place
for a while,
but you're gonna visit me
all the time,
just like we talked about,
okay?
I need a hug.
Can I have a hug?
Just a little,
itty-bitty hug?
I love you so much.
(music playing)
Get me out.
Please get me out.
I will.
Please, Bobby.
Please.
Please.
I will.
I will.
I love you.
I love you, too.
Okay, buddy.
(music playing)
GAMBLE: It's a circumstantial
case, no doubt,
but we have the eyewitness
from 16 years ago
whose description matched
Bernice White.
We know the kidnapper hired
Mr. Berluti.
We know Ms. White has gone
into Mr. Berluti's office
twice in the last two days.
Proving her guilty
isn't my concern.
Locating the girl,
that may prove
to be more difficult.
A mother has been missing
her child for 16 years.
If Ms. White has any sense
of decency or humanity,
she'll help us here.
If she's got a conscience,
we feel we have a real chance.
(music playing)
YOUNG: Next on "The Practice".
A witness saw you
leave with the baby.
And now with the police
aren't telling you,
they've now located
the woman
you gave the baby to.
BERLUTI:
Bernice White confessed.
For a crime she didn't commit?
I'd like to represent
Bernice.
You lied to her.
I'm allowed to do that.
I'm going
right into court.
And what was your proposal
on lethal force?
Referring the court
to page--
You have to have it ready.
Okay.
DOLE: Is Rebecca
really the one to argue?
She's never even appeared
before the appeals court.
This is the SJC.
She's ready.
(music playing)
WOMAN: You stinker!
(music playing)
"The Practice"
We need to talk, Clarice.
There's a restraining order.
You just screwed up.
O'MALLEY: I promise.
I'm not here to cause
anybody any harm.
I just need to talk to her.
Get out before I throw you out!
O'MALLEY:
You're in danger, Clarice.
He is coming for you.
Only I can save you.
Why don't you go on ahead
without me?
(gunshot)
Lindsay!
(gun shots)
WALSH: She just shot him dead
in cold blood.
This was first-degree homicide.
We've heard testimony
of another client
who terrorized your wife.
What happened to him?
He was killed.
WALSH: He was murdered
and you were arrested
for conspiracy
to commit murder.
I was acquitted.
WALSH: I smell a pattern,
threaten Lindsay Dole,
you get killed.
Objection!
GAMBLE: Lindsay
killed an unarmed man.
The burden of an excuse
is on you.
DONNELL: None of us
think of you as a murderer
because you're not.
I was there.
I saw it.
You snapped.
Okay.
When he came,
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.
WEST: Madam foreperson,
the jury has reached
a unanimous verdict?
WOMAN: We have, Your Honor.
WEST: What say you?
WOMAN: We find the defendant,
Lindsay Dole, guilty.
(indistinct chatter)
(music playing)
They're bringing her in.
MAN: Commonwealth
versus Lindsay Dole, sentencing.
Mr. Walsh?
I have nothing, Your Honor,
other than to remind the court
that the crime
for which Ms. Dole
was convicted is murder.
The taking of human life
is not only an act
against that life
but a crime against law,
humanity, the Commonwealth,
and we feel that
the statutory sentence
is appropriate.
Mr. Young?
Your Honor, we would ask
the court at this time
to convert Ms. Dole's conviction
from first-degree murder
to voluntary manslaughter.
The Commonwealth opposes.
YOUNG: You have before you
the psychological examinations
done by both the Commonwealth
and the defense
which all conclude
that Ms. Dole's state of mind
was severely compromised
at the time
she committed this crime.
The court can also take
judicial notice of the facts.
Ms. Dole did not act
with any aforethought.
There was no premeditation.
Her own husband
was in the line of fire.
Now, while the jury
was certainly free to reject
the defense of legal insanity,
Ms. Dole's actions
just as certainly fall
within the scope
of heat of passion.
A killer came to her door,
threatened her,
and she reacted.
Your Honor, can
and should find that Ms. Dole
committed her act
while under the influence
of extreme mental
and emotional disturbance
for which there
was a reasonable excuse.
This fits the classic
definition of manslaughter,
not murder one, not murder two,
but voluntary manslaughter.
Accordingly, this verdict
is contrary to the evidence.
It is contrary to the law,
and I would respectfully request
that you adjust the verdict
to the appropriate degree.
The jury heard testimony
of how Ms. Dole threatened
to kill the victim
the very day of the shooting.
Those were her words.
The jury heard Ms. Dole's voice
on the phone
evidencing a calm demeanor,
no passion whatsoever,
seconds before the shooting.
Personally, I've never even
seen a manslaughter with a gun.
Manslaughter is usually
a fist, a vehicle,
a fight, sometimes a stabbing.
But when a woman walks
from her door,
retrieves her purse,
retrieves a handgun
from within that purse,
shoots the man who is still
standing by the door,
that's not manslaughter,
and I will remind the court
of something you already know,
you are not entitled
to simply substitute
your judgment
for that of the jury's.
You can only override
the first-degree conviction
if you find there
is no reasonable basis for it.
Here, you cannot make
such a finding.
As such,
I respectfully request
that you allow the jury's
verdict to stand.
WEST: Ms. Dole, do you have
anything you'd like to say?
I would like to express
my condolences
to the family
of Lawrence O'Malley.
I would also like
to assure the court
the lack of remorse
I seemingly demonstrated
in my phone call
to the police that night...
was more a product of my shock
than the person
I think and hope I am.
I took a human life.
I had the opportunity
to retreat.
I didn't do so.
I accept responsibility
for a homicide conviction.
I committed a homicide,
but given my shock,
and my fear,
and the underlying trauma
I was experiencing
from past assaults against me,
I feel my judgment
and state of mind
were compromised.
And that the crime I'm guilty
of is more consistent
with voluntary manslaughter.
Thank you.
(music playing)
WASHINGTON: Did he say
when he would rule?
DONNELL: No.
It's good that he took
it under advisement.
DONNELL: But bad he wouldn't
let us call witnesses.
What is with the heat?
You said it was being fixed.
It is. It should.
What the hell is wrong
with it?
Do I look like a plumber?
A plumber fixes water,
Rebecca.
Tell me you
didn't know that.
You want to get off my back,
Ellenor?
What happens
when your toilet clogs,
you call an electrician?
My toilet never clogs,
Ellenor.
Do you have that problem?
What's that supposed to mean?
Not a thing.
Not a thing?
Only you seem a little edgy.
DONNELL: Ellenor, you do seem
a little on edge.
I'm hot!
DONNELL: Fine.
It'll all be fixed today.
We got a walk-up.
Anybody?
DONNELL: Jimmy.
I took the last one.
WASHINGTON: No, I did.
Well, how about you, Ellenor?
I have Jamie Stringer at 10:00,
who, by the way,
you called back.
Not just me. Eugene liked her.
Jimmy, just take the walk-up.
(sighs)
It's always me.
HATCHER: James Berluti,
Melissa Halpern.
BERLUTI: Hi.
Hello.
This is my daughter, Joey.
BERLUTI: Nice to meet you.
Nice to meet you.
How can I be of help?
Is there someplace you
and I could speak privately?
Of course.
MELISSA: I told my daughter
that this was just about
insurance and so forth, but...
(sighs)
...that isn't it.
First, I need to know
that what I tell you
will remain confidential.
Absolutely.
Please.
I wanted you to meet
my daughter to, um,
well, I guess
for some perspective.
Sixteen years ago,
I kidnapped her.
I was into drugs
and I got this inane notion
that having to take care
of a child
would be a kind
of a lifeline to--
I just grabbed her out
of a hospital
when she was a newborn,
and I've been raising her
ever since.
Does your daughter know?
MELISSA:
No, and it's imperative
that she never find out.
It would destroy her.
I also have two small
children, a family.
I mean,
if this ever got out,
many lives would be destroyed.
So why are you here?
Um...
I recently read
a magazine article
about two lives
that have been destroyed
the birth mother
and the woman they accused
of stealing Joey.
BERLUTI: Another woman
was convicted?
MELISSA: No,
they never pressed charges
due to lack of evidence,
but evidently,
the cloud of suspicion
followed her, and--
well, the irony is
that she went on
to get into some
of the same drug problems
that I was looking
to escape.
I don't wanna turn
myself in.
It isn't an option,
but two things in this article,
the birth mother,
she says the horror
lives on every day
of not knowing what happened,
whether her daughter
is dead or--
she said that if
she could just know
that her daughter
has a good life somewhere
and is happy, and for
the woman who is accused,
she said if even one person
could know she was innocent,
even one...
I would like you to go
to the birth mother
and tell her how happy
and safe her daughter is.
And then I would like you
to go to the woman
who was accused and tell her
you know she's innocent.
I-I have, uh...
two money orders,
each in the amount of $70,000.
If I had more,
I would pay them more.
Can you do this for me,
Mr. Berluti?
FRUTT: Obviously, your academic
credentials are superb.
Thank you.
FRUTT: But I have to say,
I'm curious,
with the offers
you're getting, why here?
STRINGER: Those offers
are all civil.
The only thing I've ever
wanted to do is criminal,
and this firm for criminal.
I've been court-buffing you
guys for two years.
Really?
I was at the Lindsay Dole
trial every day.
I almost cut a final.
Any tips? We could have used
some pointers on that one.
Are you serious?
Well, sure.
Well, I'm sure
I couldn't say anything
that you haven't
already thought about.
Just for fun.
Why don't you throw it out?
(giggles)
Feels like a test.
Um...
I thought it was a mistake
to go with battered woman.
It may be a viable theory
technically,
but juries pretty much
reject the abuse excuse.
It seems desperate.
I felt you cut
your legs off at the top.
What else were we supposed
to argue?
STRINGER:
Straight self-defense.
Wink, wink.
It really would have amounted
to jury nullification,
but--and here's where I feel
like you really dropped
the ball--
I'm sorry.
I-I don't mean to--
No, go ahead.
What you did was characterize
Lindsay as a crazy.
You know, she snapped,
she was outside of herself,
she lost control,
but the problem is
juries don't like
to free nutsos.
Instead of depicting
her as aberrant,
you should have portrayed her
as every woman.
You know, who wouldn't
pull the trigger
if the guy comes
to her house?
We sort of did that.
STRINGER: Not enough,
you didn't.
You basically argued
we can't know
what it's like to be her.
She was in a different place,
but I would have put
the jury right in her shoes,
right in that place.
At least one of them would
have pulled the trigger.
The worst you get
is a hung jury.
Hindsight's always 20/20.
I-I know.
(doorbell rings)
Hi.
I'm looking for Sally Burns.
I'm Sally.
My name
is James Berluti.
I, uh...
I represent the individual
who kidnapped your daughter
16 years ago.
I'm not at liberty to divulge
this individual's name,
but this person hired me
to communicate to you
that your daughter
is safe and happy.
The individual continues
to parent your daughter.
The individual feels
great remorse
for all the pain
caused to you,
and sends to you
this money order
in the amount of $70,000.
The individual
wants you to know
that he or she is very sorry
for hurting you.
That's all
I'm at liberty to say.
(music playing)
What didn't you like
about her?
I don't know.
I just didn't.
You see her transcript?
FRUTT: Yeah, her grades
were great.
That's why we
interviewed her.
But the purpose
of the interview is to see
if we like her and I didn't.
Bec, I want you
to interview her.
FRUTT: Why?
Hiring is supposed
to be unanimous.
If I didn't like her--
We're also supposed
to have a group discussion.
Rebecca is part of the group.
She needs to interview her.
I thought she was great.
Yes, all the men think
she's swell.
Why are you so testy?
Hey.
What's wrong?
What, I can't just pop in
to say hi?
What's wrong?
Jimmy...
police got a visit
from a woman
named Sally Burns
last night.
You had to know she'd go
to the police.
So what?
It's attorney/client.
GAMBLE: Not necessarily.
A crime is ongoing.
BERLUTI: What crime?
The kidnapping!
The individual
still has her.
The crime is ongoing, Jimmy,
which means you can reveal.
Helen, I'm not going to tell.
You know
I'm not going to tell.
What?
GAMBLE: I'm going to get
a judge to force you to tell.
No judge is ever--
I think you're wrong.
We already know
who she is,
Bernice White,
56 years old,
works as a waitress
at the King Street Cafe.
We'll get her one way
or another.
If she comes forward
and cooperates,
I'll give her three years.
You have 24 hours.
(door closes)
MELISSA: You can't tell.
You gave me your word!
BERLUTI: Listen--
I didn't even want you
to tell him!
He's a lawyer here.
The privilege extends
to all.
And now you're breaking
the privilege!
Nobody's revealing
your secret.
What are you telling me?!
YOUNG: We're telling you
the D. A.
is trying to force us
to reveal your identity.
If she is successful--
MELISSA: Oh, my God!
Oh, my God!
YOUNG: Melissa,
you need to calm down here.
MELISSA: I just wanted
to help those people!
I did not wanna risk jail!
I can leave the room
and come back later
or you can calm down
and listen to me now.
We are not going
to give you up.
You need to be aware--
Melissa.
Melissa, I need your full
attention now.
You asked Mr. Berluti
to contact the woman
accused of the kidnapping.
Which I've been trying to do,
but I haven't got her yet.
YOUNG: It is our opinion
that we should no longer
try to contact her,
and here's why,
they still think she's it.
If we contact her,
we'd effectively be telling
the police, "It's not her.
Could be anybody."
For your protection,
it's best that
she remains a suspect.
I know you wanted to help,
but there's too much
risk in it.
Okay.
YOUNG: I also wanted to open up
a bogus file for you
on the chance the police
are watching this building
to see who goes in and out,
and the chances
are good they are.
I want a file explaining
your presence here.
We can create something
under estate planning.
I have small children.
I cannot go to jail.
Melissa, we are not gonna
let that happen.
Hi.
Hey.
Rebecca will be right
with you.
STRINGER: Great.
I can't believe I even got
called back again after...
What happened?
Well, my mouth tends
to disclose
what I think sometimes,
and, well,
I may have offended
Ms. Frutt.
Ah, don't worry about it.
I offended them
when I walked in the door.
I didn't think
I'd last a week.
That was four years ago.
WASHINGTON: Hi, Jamie?
Yes.
Rebecca Washington.
Very nice to meet you.
You too.
We can go in here.
Ms. Frutt, hello.
Hi.
HATCHER: Oh, Jimmy,
this is Bernice White.
She says
you've been calling her.
(music playing)
Yes. Yes.
James Berluti.
Thanks for coming.
What's this about?
Did I inherit something?
BERLUTI: Actually,
we thought you did,
but it was another
Bernice White.
I'm very sorry.
What'd she get?
Sorry?
This other Bernice White.
What'd she inherit?
Oh, only a few hundred
dollars, actually.
Nothing.
You sure made it sound
a lot more important
than a few hundred dollars.
Again, I apologize.
What's wrong?
Nothing.
What's wrong with you?
(sighs)
Nothing.
So here we are then,
two people with nothing wrong.
Did I blow it?
Blow what?
Lindsay's trial.
Ellenor...
FRUTT: That Hinks
stuff with you
never should have come in.
You objected.
I objected once
for the record.
I should have shut it down.
Look--
Abuse defenses,
statistically, are losers.
We had to have something.
FRUTT: Battered woman
syndrome is desperate.
Even a third year law
student knows that.
This was a team defense.
FRUTT: But I tried it.
I was the one up there.
Come on, a serial killer
with a restraining order?
How could I not win?
We have all won with much,
much less!
Where is this coming from?
That little slut Rebecca
is interviewing.
She picked me to pieces
and she was right.
We focused the jury
on Lindsay being crazy
when we should have argued
how reasonable she was.
How could I not have seen it?
None of us saw it.
FRUTT: Why?
How could we all--
I think Lindsay was desperate
to believe she snapped.
She was desperate
to believe
she was crazy, Ellenor,
so we became desperate
to help her believe it.
You didn't pull
the trigger, Ellenor.
It's good talking to you,
Bobby.
You remember years ago,
we used to come in here
at the end of the day
and we would just talk.
What happened?
FRUTT: I don't know.
You have become a bit
of an island, Bobby.
You don't turn to others,
even in your times of...
I've tried to be there.
For her.
For all of you.
That isn't exactly it.
You're there
when we need you, Bobby,
but we all get a little
desperate from time to time
for you to need us.
Look, it's a very tough thing
we're asking for,
attorney/client privilege.
SALLY: He knows
where she is.
She's alive, Ms. Gamble
and this lawyer knows.
He knows--
GAMBLE: Sally,
you have to understand.
Legal ethics and morality
are two different things.
Sometimes they fly
in the absolute face
of each other.
(knock on door)
Helen,
I'm sorry.
Can I talk to you
for a second?
I'm kind of
in the middle of something.
Please.
Could you give me
a minute?
(door closes)
Look, I'm not gonna fight you
on the merits
of what you're trying
to do here.
Good.
But I'm asking you
to hold off.
If it gets out our firm
is helping a kidnapper to--
Helen,
you know the fallout.
It might not necessarily
affect Lindsay's disposition,
but we do not need
Judge West
getting angry at us
about something else.
I doubt this
would have any bearing
on Lindsay's fate.
But with the possibility
it could,
please.
When's he supposed to rule?
11:00.
I'll push my motion
to this afternoon.
Thank you.
Thank you.
(door opens)
Bobby likes her,
as do I,
and Rebecca and Jimmy.
What exactly bothered you
about her?
FRUTT: I don't know.
She seemed perky,
suck-uppy, arrogant.
Perky, suck-uppy,
arrogant.
Maybe it's that
Harvard thing.
Look, given our current
state of things,
the Harvard grads
aren't exactly
flooding us
with their resumes.
This is a real prospect,
Ellenor, I--
You didn't find her
a little slutty?
Slutty?
FRUTT: Yes,
she's got that giggly,
flirty thing.
WASHINGTON: So now
she's a giggly, flirty,
suck-uppy, arrogant slut?
FRUTT: Look, I'm sure
she's a great person.
She's obviously
very smart.
I just didn't get
a great hit,
that's all.
Seeing as
the rest of us did
and we need to hire,
I vote we extend an offer.
Me too.
Me too.
Okay.
(footsteps approach)
It's quarter to 11:00.
(music playing)
How you doing?
I'll let you know.
BAILIFF: All rise.
This court is in session.
The honorable Judge West
presides.
Be seated.
First, let me state
for the record
my disfavor
for the legal gamesmanship.
For the defense to argue
diminished capacity
then to lose,
only then to march
into sentencing
claiming it was manslaughter,
it strikes me
as a disingenuous attempt
to have two bites
at the legal apple.
That having been said,
I am required to consider
this second bite,
and as I view
the evidence,
this case warrants a finding
of voluntary manslaughter
more than murder one.
Had I been sitting
on the jury,
I most definitely
would have voted that way.
But I wasn't a juror
in this case.
I am the judge,
and as the prosecutor
correctly points out,
a judge should only
overturn a verdict
if he finds
no reasonable basis for it.
I can't make that leap.
I therefore
uphold the verdict.
Ms. Dole, you have been
convicted of murder
in the first degree.
I am bound by the statute
to sentence you
to the Framingham
Correction Facility
for the remainder
of your natural life.
We are adjourned.
(gavel bangs)
We have a strong appeal.
We have solid issues,
Lindsay.
We got strong grounds.
We go before the state
supreme court next week.
We are going
to get you out.
(music playing)
(phone rings)
(door opens)
(door closes)
She's holding up.
She's going to be transferred
tomorrow afternoon.
I'm gonna go back
and be with her till then.
Ellenor and I
were talking last night,
and she thought
it'd be a good idea for me--
for me to lean on
all of you,
a little more,
personally.
I think I'll probably
be doing that.
(door opens and closes)
YOUNG: Jimmy,
we better go.
We will survive this.
You'll survive it
and Lindsay will.
I know.
Bobby, I know you know.
Factuals and legals aside,
the emotional
undercurrents
of a case play a part
with juries, with judges,
even Supreme Court justices.
You know that better
than anybody, right?
Bobby, look at me.
Give me this appeal.
I'll bring your wife home.
(music playing)
The identity
of a client
has never been privileged,
Your Honor.
It has when the disclosure
of the identity
would incriminate
a person criminally.
Hold on a second,
Mr. Berluti.
Assuming your client
enjoys privilege,
so what?
We've got a crime here.
Person has been
kidnapped.
She could be
in severe physical danger.
She's not in danger.
KITTLESON:
Says who? The kidnapper?
I've seen her.
She's healthy--
KITTLESON: Careful, counsel.
You're about to make
yourself a witness.
Your Honor,
as you correctly imply,
this is an
ongoing crime.
Mr. Berluti has knowledge
as to who has the victim.
BERLUTI:
This is a past crime.
It happened 16 years ago.
GAMBLE: It happens every day.
The girl is still
being held.
She's not being held.
She doesn't even know
she's kidnapped.
My client has been
her parent--
GAMBLE: Oh, come on,
if a kidnapper
went to a lawyer
for the purpose
of eluding capture,
there's no doubt
we would consider that
an ongoing case.
That's not
what's going on here.
Are you sure?
She says she wants
to help the victim.
Maybe she's clever.
Maybe she is using you
to check the status
of the investigation.
She's not doing that.
You say so.
We don't know.
The point is
it shouldn't matter.
Sally Burns' daughter
is still out there
in the hands of the person
who took her.
That's present tense,
Your Honor.
This is an ongoing case.
Attorney/client privilege--
BERLUTI:
Even if she's right,
that would give me the choice
to break privilege.
It would not incur an obligation
on my part to do so.
If a person is in danger--
I have no knowledge
or belief
that any bodily harm
would ensue.
I don't have to break privilege
and I won't.
And I submit to this court
in close cases
and this would be one,
the doubt
has to be resolved
in favor of the client.
If not,
what are we left with?
We can't have clients thinking
privilege is vulnerable.
When a person
goes to a lawyer,
he or she has to know
this confidentiality
will be upheld.
Murderers get that privilege.
Rapists, hijackers,
they all get that privilege.
Kidnappers do, too.
GAMBLE: Your Honor,
I'd prefer to focus
on the rights
of the kidnap victim here,
who is still suffering--
BERLUTI: She's not suffering!
KITTLESON: All right.
Ms. Gamble,
from a moral standpoint,
I'm with you.
Ms. Burns,
speaking as a mother,
I can certainly
feel for you,
but as a judge,
I have to side
with Mr. Berluti.
Attorney/client privilege
is sacrosanct.
It is paramount
to our system of justice.
The Commonwealth's
petition is denied.
We're adjourned.
SALLY: How can you do this?
Ma'am?
She stole my daughter!
She has my daughter!
How can you do this?
Ms. Burns--
You have no conscience!
GAMBLE: Okay, Sally.
SALLY:
I want my daughter back!
GAMBLE: Sally--
SALLY: I want my daughter.
I would have thought
they'd be open by 9:00.
Are you a client?
No.
Are you?
Oh, no.
I'm a lawyer.
Actually hoping
to get a job here.
They keep bringing me in
for all these call backs.
I'm about
to pull my hair out.
Is this considered
a good place to work?
Oh, excellent.
It's one of the top three
criminal practices
in the state.
The place to come
if you're a criminal, huh?
Well, that's one way
to look at it, I guess.
I'm a pretty good judge
of character, Mr. Berluti.
You strike me
as a decent man.
I can't have
this conversation.
Do you believe in God,
Mr. Berluti?
Ms. Burns,
I represent a person
with interests
contrary to yours.
It would be
unethical for me
to have any dialog
with you.
Can you tell me
what my daughter
looks like?
No.
Can you tell me
whether or not
she's a good person?
I don't really know her,
but she struck me
as an excellent person.
Rebecca?
Eugene and I
talked about it.
We both agree.
She probably exudes
the most moral integrity,
I think passion, too.
Our grounds are good,
but we're not going to win
unless the justices,
for some reason,
want us to.
So Bec's passion, I think,
is our best strength.
Okay.
Listen,
I thought about, um,
bringing Bobby here
to say
goodbye because, you know,
I didn't want him
to see you all shackled.
Yeah.
When?
2:00.
After his nap.
Okay.
I'm never going to get out,
am I, Bobby?
Of course you will.
I got the job?
Congratulations.
STRINGER:
Oh, I don't believe it!
I was so sure
I offended you.
Me?
Get out of town.
When do I start?
When can you start?
STRINGER: Hello?
How about yesterday?
Does yesterday
work for you?
I think she's excited.
STRINGER: Oh, God.
I need to call my parents.
Oh!
What's going on?
Ms. White--
BERNICE: No, never mind that.
What's wrong?
What's wrong?
First,
you're calling me
saying it's really important
that we meet
and then I see you
on television
concerning a crime that I have
been suspected of for 16 years.
So I'm asking you again,
Mr. Berluti,
what the hell is going on?
Bernice White, please place
your hands behind your back.
BERNICE: What?
McGUIRE: You're under arrest
for kidnapping.
Hold on a second.
Jimmy--
I just wanna know
what's going on.
We're arresting
your client, Jimmy.
No, I'm not
his client!
Tell them
I'm not your client!
She--
YOUNG: We neither confirm
nor deny that
she is our client.
What? Tell them!
We neither confirm
nor deny she is our client.
Take her.
No, I didn't do anything!
I didn't do anything!
These people called me!
Tell them!
Eugene, we can't--
Jimmy, my office.
By denying
she's our client,
we betray
Melissa Halpern.
Eugene, they basically
just arrested that woman
for entering our offices.
I was the one
who called her down here.
That is
an unfortunate result,
but we can't change it.
We continue to honor
the privilege.
We say nothing.
That woman will be
on the news tonight
pegged for the crime again!
Jimmy,
she's not our client!
DOLE: Okay. What about that?
It's kind of hard to tell.
What is that one?
(babbles)
Silly.
No, blue!
DOLE: What if we put blue
and yellow...
together?
What does that make?
Red.
Silly.
Green.
DOLE: That's right.
You've got it.
The rainbow.
BOBBY: I want that, too.
Okay.
Okay, mommy's gotta go now.
No.
I'm gonna go...
live in a different place
for a while,
but you're gonna visit me
all the time,
just like we talked about,
okay?
I need a hug.
Can I have a hug?
Just a little,
itty-bitty hug?
I love you so much.
(music playing)
Get me out.
Please get me out.
I will.
Please, Bobby.
Please.
Please.
I will.
I will.
I love you.
I love you, too.
Okay, buddy.
(music playing)
GAMBLE: It's a circumstantial
case, no doubt,
but we have the eyewitness
from 16 years ago
whose description matched
Bernice White.
We know the kidnapper hired
Mr. Berluti.
We know Ms. White has gone
into Mr. Berluti's office
twice in the last two days.
Proving her guilty
isn't my concern.
Locating the girl,
that may prove
to be more difficult.
A mother has been missing
her child for 16 years.
If Ms. White has any sense
of decency or humanity,
she'll help us here.
If she's got a conscience,
we feel we have a real chance.
(music playing)
YOUNG: Next on "The Practice".
A witness saw you
leave with the baby.
And now with the police
aren't telling you,
they've now located
the woman
you gave the baby to.
BERLUTI:
Bernice White confessed.
For a crime she didn't commit?
I'd like to represent
Bernice.
You lied to her.
I'm allowed to do that.
I'm going
right into court.
And what was your proposal
on lethal force?
Referring the court
to page--
You have to have it ready.
Okay.
DOLE: Is Rebecca
really the one to argue?
She's never even appeared
before the appeals court.
This is the SJC.
She's ready.
(music playing)
WOMAN: You stinker!
(music playing)