The Practice (1997–2004): Season 7, Episode 2 - Convictions - full transcript

DOLE:
Previously on The Practice...

WALSH: We've heard testimony
of another client

who terrorized your wife.

He was murdered.

I smell a pattern.

Threaten Lindsay Dole,

you get killed.

Objection!

He knew his wife was culpable.

Why the immediate
assembly of lawyers,

the refusal to speak
to police?



This is consistent

with the behavior
of guilty people.

WEST: Ms. Dole,
I am bound

by the statute
to sentence you

to the Framingham
Correction Facility

for the remainder
of your natural life.

WASHINGTON:
The emotional undercurrents

of a case play a part.

Give me this appeal.

James Berluti,

Melissa Halpern.

Hello.

This is my daughter, Joey.

Sixteen years ago,



I kidnapped her.

Does your daughter know?
HALPERN: No.

I recently read
a magazine article

about the birth mother

and the woman they accused

of stealing Joey.

BERLUTI: I represent
the individual

who kidnapped your daughter
16 years ago.

The individual sends
to you this money order

in the amount of $70,000.

GAMBLE:
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.

We already know who she is,

Bernice White.

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.

Bernice White, please place
your hands behind your back.

What? Tell them
I'm not your client!

YOUNG: We neither confirm

nor deny that she is our client.
What?!

We neither confirm

nor deny she is our client.

(sighs)

(door opens)

She's fading.

I just can't close it.

Okay.

Bernice?

I'm Helen Gamble.

Why won't you
leave me alone?

I'm the district attorney.

Can we get you a cup
of coffee or something?

WHITE: No, I just
wanna go to sleep.

I know.

Listen, I'm very familiar

with these kinds of cases,

and the truth is,

I happen to believe you.

You say you didn't
kidnap this baby,

and I believe you believe

with all your heart

that that's the truth.

But I also believe
you're suffering

from a form of amnesia,

which is extremely common.

No.

Sometimes...

when good people commit acts

that shock
their own conscience,

they block it out.

In your mind,

this kidnapping never happened,

but...

the thing is,

a witness saw you leave
with the baby,

and now what the police
aren't telling you

they've now located the woman

you gave the baby to.

She identified your picture.

You will be convicted
for this crime.

It's not even
a question anymore.

The only thing
to be determined

is what happens to you.

Do you understand
what I'm saying, Bernice?

Your life is in your hands.

You tell us the truth,

we can help you.

You can get home.

(music playing)

(music playing)

We're moving you
from the orientation unit

to the compound.
Okay.

OFFICER: Don't pick up
disciplinary tickets.

You could stay there
for the duration

of your sentence,

which is...

Life.

I'm hoping to reduce that.

My appeal is scheduled
for tomorrow.

Actually, I was hoping
that I could attend.

Sorry.

You filled out
a visitor consent form

for a minor child.
For my son.

OFFICER: We'll need
a certified birth certificate

before he can come in.

Then it'll be at least
a month after that.

Wait a second.

I can't see my son
for a month?

When you see the shrink,
get meds.

Most of the girls
here are on

at least one antidepressant.

He can also give you
a dental dam.

Excuse me?

If you get involved
with anyone,

better to be safe
than sorry.

You've been assigned
to janitorial.

DOLE: I asked to clerk
in the law library.

OFFICER: They all do.

It goes to the senior girls.

But I'm a lawyer.

Ms. Dole,

part of your adjustment here

is learning that what
you were before doesn't matter.

Look, if you don't
like the brief--

I didn't say
I didn't like it.

I just think
we short-shrifted

the Merits a little.

An appeal isn't
about the Merits.

DONNELL: Just the same,

it would be nice
to have them

emotionally predisposed.

Justice Leon's wife
was the victim

of violent crime.

It's not a bad idea
to tickle

that nerve a little

by reminding them

who Lindsay shot.

I'm only talking about
two more paragraphs.

Okay.

She's feeling it a little.

DONNELL: Was this a mistake?

YOUNG: She'll be okay.

Nerves usually
make her better.

(door opens)

(door closes)

I've got a problem.

I represent a woman,
Melissa Halpern,

who kidnapped a child

16 years ago.
I heard.

BERLUTI: Well,
you probably also heard

the police arrested
somebody else,

Bernice White.

In fact, they arrested her
'cause of me, and--

Jimmy, can you just cut
to the problem?

We're a little busy here.

Fine.

Bernice White confessed.

Excuse me?

They must have interrogated
her half the night.

I don't know, but she signed
a written confession.

For a crime
she didn't commit?

Yes.

Bobby, this is all my doing.

I'd like to represent Bernice.

How can you do that?

You represent Melissa.

I won't violate
any privilege.

But, Jimmy,
there's a conflict.

It's in your client's
best interest

for the police
to continue thinking

Bernice White
is the kidnapper.

And I'm not gonna do much

to change their minds
on that,

but I can still
help her beat it

without compromising
Melissa Halpern.

That's crazy, Jimmy!

BERLUTI: I can't just sit

and do nothing here!

That woman's gonna
go to prison

for a crime
she didn't commit!

I put all of it
in motion.

I can't just--

if I promise not
to do anything

against Melissa Halpern's
interests?

You get her consent first.

She has to waive
the conflict.

Okay.
Great.

And take Jamie with you.

I want her there.
Why?

DONNELL: Because you're seem
a little nearsighted, Jimmy.

I want back up.
I don't--

DONNELL: You take
Jamie with you.

(music playing)

She confessed?

That's the good news.

The bad is she says
she doesn't know

where your daughter is.

Well, what did she
do with her?

She claims
she doesn't remember.

Look, now that
we have the confession,

we've got some leverage

to work on her.

Sally, it's early.

Give us some time.

SALLY: I don't care
if you make a deal, Helen.

I don't care whether
or not she goes to prison.

I want to see my daughter.

Represent her?

Bernice White?
You have my word--

It'll give me away.

I promise you,
it won't.

It'll have nothing
to do with you.

I won't be saying I know
who the real kidnapper is.

I will be defending
her straight

as if you didn't exist.

Why can't she just get
another lawyer?

She could,
but the reality is,

any other lawyer's
gonna think she did it,

and the defense
will reflect that.

I want it to be me.

And why is she here?

Because as complicated
as it is,

we feel two attorneys...

Here's my card.

Look, she doesn't
need your card.

Melissa,
I know you don't want

Bernice White going to jail.

One of the reasons
you came to me

was to spare some
of her suffering.

I don't wanna be going to jail,
either, Jimmy.

I won't betray you
in any way.

Hey, Mr. Berluti.

Hey, Joey.

Still working on the will?

And who's this?

Oh, I'm Jamie Stringer.

I--
She works with us.

Why do I get the feeling

that there's this big secret?

There's no secret,
sweetheart.

Grown-ups draft wills.

It's just one
of the boring things

they have to do.

Okay.

A month,
they're saying,

before she can see him.

I got to tell him tonight

he won't see his mother
until Halloween.

Bobby, it's prison rules.

Look, I don't have
any jurisdiction

or even influence
for that matter.

There's got to be
a string you can pull.

Well, I don't have it.

Look, your best option
is to go to the court

and ask that she be allowed

to attend her appeal.

We struck out there.

Come on, Helen.

I'll try.

(sighs) Thanks.

You know,

you have a client,

Bernice White,

kidnapped a baby

16 years ago.

If she were to tell us

what she did
with that baby,

I think the office
could find a way

to let Lindsay visit
with your son.

Playing one case
off another--

GAMBLE: I'm not playing
one case off of another.

You're in here looking
for a special favor.

It's going to be hard
for me to accomplish that

considering the disfavor
your firm

is held in here.

All I'm saying is,
if you were to do something

to cultivate
a little goodwill,

it could help Lindsay.

I am not going to discuss

that other case.

I'm only here
to discuss Lindsay,

who in addition
to being my wife,

is also one
of your best friends.

Like I said,
I'll try.

Why did you say
you did it?

I don't know.

I just wanted them
to leave me alone.

I couldn't take it anymore,
and then they said

that if I gave them
what they wanted,

I'd go home.

Let you go?

WHITE: And then the woman,
she said they'd be lenient,

and then the detective
came back in

and he said
that if I confessed

that he'd help me.

And I was so--
I was so tired,

I believed him.

The police said
if you confessed,

they'd release you?

Yes.

Shouldn't the first step
be a motion to recuse?

No.
I really think--

Can I have a second?

(sighs)

One minute.

You lied to her.

I'm allowed to do that.

You're not allowed
to manufacture evidence, Helen.

I didn't.
Who's this woman

she supposedly
gave the baby to?

I've already
marked up a motion

to suppress the confession.

Well, there's a stunner.

You'd be?
I'm Jamie--

She doesn't care.
GAMBLE: Listen, Jimmy,

you wanna make a deal?

Tell me where the girl is,

otherwise, don't bother.

You crossed a line, Helen.

I'm going right into court.
GAMBLE: Fine,

I'll see you there.

Debbie.

Jamie.

Jimmy, technically,
you didn't disclose

to Bernice White
that you represent

Melissa Halpern.

BERLUTI: I don't need to.

You don't need to?

It's Legal Ethics 101.

The law is black and white.

Jamie,

practical lesson
number one,

it's never black and white.

Helen somehow got it done.

So I can attend?

You can be there.

Great.

So, how's your first day going?

Seems everybody here
is a killer.

I ran into two
former clients,

so at least
I'm making friends.

(chuckles softly)

Did you read the brief?

Yeah, I think it's great.

Is Rebecca really
the one to argue?

She's never even appeared
before the appeals court.

This is the S. J. C.

I wouldn't let her do it

If I didn't believe in her.

She's ready.

(door opens)

Hey.

Hey.

Ellenor and I were thinking

let's do a moot
court tonight.

We'll play the judges.

That way,
you can practice on us,

and we'll try
to pick you apart.

Okay.

(exhales sharply)

This seemed like a good idea
when I asked for this.

It was a good idea.

It still is.

The only thing
to keep in mind

is the Supreme Judicial Court.

Don't let your passion
get the best of you.

The first thing they always
look for is deference.

If they're mistaken,

just tell them how justified
the mistake is.

Then correct them.

Okay.

YOUNG: Hey,
you stepped up for this

because you know
you're the lawyer

for this job.

Right.

GAMBLE: I am allowed
to trick suspects.

We have been through
this before, Your Honor.

It goes beyond trickery,
Your Honor.

They kept interrogating her
for six hours.

Then, after
she's half-delirious

with fatigue and fear,

they feed her
this psychoamnesia crap

about how she blocked
out the crime.

Then they tell her
she can go home

if she confesses.

Then they tell her they've got
this phantom witness.

They had her half-believing

maybe she did commit
the crime

she knows she didn't commit.

This went beyond coercion.

Trickery is constitutional.

You shouldn't even
be arguing.

You're a witness in what
happened in that room.

Fine. Recuse me.

We can bring in
somebody else.

My client was also
represented

by counsel, Your Honor.

No, your client
repeatedly maintained

you were not her lawyer.

Your Honor, the reason
Bernice White was arrested

was because
the police believed her

to be my client.

They, in fact,
arrested her in my office.

So for the prosecution
to now claim

Ms. White was not represented
by counsel

is blatant bad faith.
KITTLESON: Wait a second.

Did you represent her
or not?

At that time, no.

KITTLESON:
So the prosecution is right.

She wasn't represented

at the time
of the interrogation.

They got the wrong one here!

That's a jury question.

If this goes to a jury
with a confession,

she's gone.

Juries think confessions

are the truth,
and they're not.

Was this interrogation
videotaped?

Yes.

I wanna see it.

All of it, Ms. Gamble.

I'll watch the tape.

then I'll make my ruling.

The defendant
stays in custody.

We're adjourned.

(gavel bangs)

(music playing)

I'll call you as soon
as I hear anything.

Okay.

GAMBLE: Look,
I'm still willing

to play ball
if she tells us

where the girl is.

(music playing)

REBECCA: And we maintain
the jury instructions

were flawed.

In so far as the judge
failed to advise

that lethal force
may be justified,

even against unarmed victims

when the defendant believes
her life is in danger.

Did you submit your own
jury instruction?

Yes, Your Honor,

we timely submitted

our proposed jury instructions,

which Judge West rejected.

FRUTT: And what was
your proposal on lethal force?

Referring the court to page...

You have to have it
ready, Rebecca.

You get 20 minutes, tops.

YOUNG: You need to know
the transcripts and pleadings.

I can't feed them to you.

Okay.

You're raising
a wheat violation?

Yes, Your Honor.

Your client waived that.

REBECCA: That would be
assuming Ms. Dole

had the capacity to waive it.

Is there anything
in the record

that goes to her
mental incapacity?

Yes, Your Honor.
Referring the court to...

You have to have it ready!

Okay!

You can't use that tone.

I know.

(sighs)

Is Jimmy still here?

No, actually.

Melissa,
I thought we agreed

it wasn't a good idea

for you to come here.

I just wanted
to know how things

went today with the hearing.

Oh. The judge took it
under advisement.

And if the confession
is suppressed,

Ms. White will be
let go, right?

We hope so.

(sighs)

I called Jimmy at home.

There was no answer.

If he checks in,
would you have him call me?

Sure.

(music playing)

Good night.

Night.

Sit.

(door closes)

(sighs)

You ready?

I am so ready.

You really need to hammer
prosecutorial misconduct.

I plan to.

Even if we win here
and get a remand,

it's not going to do
Lindsay much good.

At retrial, we'll be stuck
with her former testimony,

which means we can't really
argue self-defense.

So what are you saying?

I'm saying
we need to get

a reversal with prejudice.

Lindsay's best chance
at freedom

is with the S. J. C.,

not at a trial court,

and the only way we get
a reversal with prejudice

is prosecutorial misconduct.

Okay.

Anything else?

Yes.

I know you're nervous.

It's quite natural
for you to be scared,

intimidated,

but what you need
to remember, Rebecca, is...

there's a reason
why we picked you.

Your advocacy skills,

your command of the law,

your passion.

We all believe in you.

Lindsay does.

Most of all,

I do.

Thank you.

Off we go.

(sighs)

(sighs)

(music playing)

MAN: All rise.

MAN: Be seated.

Stand up, Ms. Gamble.

I watched that tape,

and once again,

I find myself disgusted

by your tactics.

Trickery and deceit

may pass constitutional muster,

but it gives you,

this court,

and the concept of honor

a very black eye.

I hear you complain
all the time

about the erosion
of public trust,

and yet,
your own behavior

puts no value on it.

Go stand in the corner.

I beg your pardon?

KITTLESON: You heard me.

Go in that corner and stand.

Face in.

Your Honor,
with all due respect

to your authority
in this room--

You'll feel the extent
of that authority

if you defy it, counsel.

I'm not about--
March yourself

into that corner now,

or you go to a jail cell!

(music playing)

KITTLESON: Mr. Berluti,

your client
was not represented

by counsel at the time

of this interrogation.

She had no time asked
for a lawyer,

and however deceived,

tired,
and badgered

she may have been,

there is no indication
that her statement

wasn't voluntary.

The confession,

however putridly obtained,

therefore, stands.

The defendant
will stay in custody.

We're adjourned.

(gavel bangs)

(music playing)

I represent the real kidnapper.

This is ex parte.

It isn't Bernice White!

Get out of here!
BERLUTI: If she goes to trial

with a confession,
she's gone--

KITTLESON:
You are one sentence away

from the jail cell
Helen Gamble almost got.

This is ex parte,

highly improper!

I will disregard it

in its entirety and ask
for your bar card

if you utter another syllable!

Convince your other client

to turn herself in if you want,

but don't you dare come to me.

Jimmy...

(sighs)

Nothing.

Go.

What?

I was about to say

on a more personal note.

How are you?

Fine.

How are you?

I'm, um...

okay.

(music playing)

(door closes)

(music playing)

WASHINGTON:
May it please the court,

my name is Rebecca Washington,

and I represent the appellant,

Lindsay Dole,

in the matter
of the Commonwealth

vs. Dole.

You are in receipt
of our appellate brief,

and I would like
to address the court

on several issues outlined

in that document.

First,

during trial,

The Commonwealth referred
to the fact

that Ms. Dole initially chose
to speak

with lawyers
instead of the police

the night of the shooting.

Ms. Dole, like any criminal
defendant,

had the constitutional right

not to speak to the police.

A constitutional right

to confer with attorneys,

and it was reversible error

for Mr. Walsh to use
the exercising

of those rights

as evidence against her.

Was an objection made

on those grounds at trial?

Yes, Your Honor.

Ms. Frutt objected.

Actually, she objected

that the question sought
privileged information,

not that the question
was unconstitutional.

WASHINGTON:
Even if the objection

was legally flawed,

Mr. Walsh went further.

He argued
that Ms. Dole's decision

to speak with her lawyers was,

and I quote,

"Consistent with the behavior

of guilty people."

Ms. Frutt didn't object to that.

We maintained Judge West,

nevertheless,
should've struck

the statement sua sponte.

Moreover,

Mr. Walsh made other errors.

He argued that the shooting

was part of a pattern,

that my client

and her husband
were in the habit

of killing clients.

Can't the prosecution use
character evidence

to impeach a defense witness?

Not if that evidence

is overly prejudicial,

and such character evidence,

prejudicial or not,

is inadmissible

without prior notice.

We never got that notice.

And where's your objection
to that?

WASHINGTON: If you refer
to the transcript,

you'll see Ms. Frutt made
a timely objection

once Mr. Walsh introduced

the evidence concerning
Mr. Hinks.

I see an objection going
to prejudice.

I see nothing going to notice.

It was a general objection,

which under Massachusetts law--
JUDGE: You agree

there was sufficient evidence

to convict your client?

WASHINGTON: We agree
the evidence

might have supported
manslaughter,

but not--
You don't deny she shot him?

No, we do not.

You just disagree
with the verdict?

We maintain the trial
was unfair,

that the prosecutor committed

multiple reversible errors.

JUDGE: Oh, did you ever move
for a mistrial?

No,

but under Massachusetts

general law--
JUDGE: So basically,

you took your shot,
and you're here

because you don't like
the result?

I'm here because
of something called

the Fifth Amendment.

I'm here because
of something called

the Sixth Amendment.

Basic Constitutional Rights

belonging to Lindsay Dole

that the prosecutor

blatantly trampled.

We're not talking

about subtle shades of gray

where a civil liberty or two

was encroached upon.

He plowed over them

with a tank.

Mr. Walsh showed contempt

for the constitution.

He had no regard

for fundamental civil liberties,

and I'm here today

under the assumption

that the seven of you do.

Lectures...

aren't generally effective.

And I wouldn't presume

to lecture you,

but I will use part of my time

to enter indignation
into the record

because I think a lack of it

is part of the problem.

Police lie today.

So do prosecutors,

and it doesn't so much as raise
a judicial eyebrow

because it goes on all the time.

Everybody's jaded.

It doesn't shock
anybody's conscience,

and I'm here saying

it should shock yours.

This man wanted
his verdict.

He said, "Forget the Bill
of Rights."

And he's hoping

you cop the same attitude.

I am here hoping otherwise.

(music playing)

STRINGER: It's not my place
to second-guess you.

Then why are you about to?

Because you have violated
so many ethical rules.

The conflict of interests.

You charge in to see
a judge ex parte.

Lucy tells me you even used
to sleep with this judge.

I never said for her
to tell you I told her that.

You forget we have
squeal laws.

Technically,
I'm obligated to report

to the bar all of this.

Then why don't you do that?

I'm not looking to do that.

Then what do you want, Jamie?

Why are you being
so mean to me?

(music playing)

Look,

I made a mistake

that resulted
in a person being arrested

for a crime she didn't commit.

The likelihood is,

I can't undo that mistake.

She's going to prison.

I don't mean to be acting out
against you,

but--

well, you're there.

I'm sorry.

(music playing)

Trials need to be fair,

not perfect.

Even if some of my questions
went too far

and I make no such concession,

it was harmless error.

Oh, come on, Mr. Walsh.

You raise another murder

and link the defendant to it?

WALSH: As Your Honor
correctly noted,

we linked Bobby Donnell to it,
a witness.

We have every right to impeach.
Well, you called it a pattern,

and you also linked it
to Lindsay Dole.

The jury was instructed
that the lawyers' questions

and arguments are not evidence.

Still, it's a little hard

to un-ring a bell, isn't it?

Moreover, Ms. Frutt didn't ask

for any curative instructions.

She didn't move for a mistrial.

They're raising things here

they effectively waived.

What about your introducing

your own personal beliefs?

In your opening,
you said

you wouldn't have shot the man.

If that was improper--

It was.

Then I would again ask
where's the harm?

I think we can assume

that the jury assumed going in

I wouldn't have shot the man.

My saying it hardly made
much noise.

You think you took
the high road here, Mr. Walsh?

The high road?

Yes.

My answer to that would be,

murder trials are typically
low roads.

They get ugly,

often personal.

Not that the doctrine

of unclean hands is applicable,

but let's look at some

of the defense
counsel's tactics.

Those aren't in issue here.

They are as a context to mine,

and--
JUDGE: It would be a mistake

to focus on defense conduct.

My actions...

did not cause Lindsay Dole

to be convicted of murder.

Her actions lead to that result.

She received a fair trial.

She had an army of attorneys.

She got a better defense

than most defendants.

The jury heard all the evidence,

they were properly instructed,

and they made
their unanimous finding.

Ms. Dole lost,

and this court

cannot disregard a verdict

merely because
it disagrees with it.

(music playing)

BERLUTI: They'll assign
a trial date.

We go from there.

Jamie will keep you updated

on all the pretrial
developments.

You can call her or me anytime.

Okay.

We're not going to give up.

I promise you that.

Why are you being so kind?

Because I know you're innocent.

And because you feel
responsible?

I know the real kidnapper
is your client.

I read the newspapers.

Like you said,

it's why I was arrested.

Why can't you just tell
the police who she is?

Because I can't.

I'll do almost anything else,

but I can't do that.

Yes, you can.

You mean you won't.

I won't.

I'm gonna be convicted.

We all know it.

And you won't tell.

That must be very hard
to live with.

Is it?

Has anybody seen Jamie?

HATCHER: She said something
about an appointment.

Please let her know
she's expected

to check in with us.

Ellenor,

can I see you a second
in my office?

You know that I know

you tried an excellent case.

But judging from the questions

the Supreme Court put to Bec,

we think they think

there was inadequate counsel.

They were group mistakes.

No, they were mine.

They were trial blunders.

The decisions were--
FRUTT: Bobby,

I was at the S. J. C.

I heard the questions.

They were trial mistakes.

(sighs)

YOUNG: We're going to start
preparing an appeal

on ineffective assistance.

It might be too late, but...

We feel we need
to try everything.

I don't disagree
with your decision, Bobby.

Anything else?

No.

(door closes)

(door bell rings)

STRINGER: Ms. Halpern,
May I speak to you?

I won't take very long.

First off,

let me assure you I am not here

at the request of Mr. Berluti.

He'll probably want me fired

when he finds out.

Then why are you here?

Well,

I've been pretty much
an observer on this case,

but from my observations,

I think it's only a matter
of time.

Ms. Stringer, if they haven't
found me after 16 years,

I hardly think--
STRINGER: I don't mean

the police.

I mean you.

I think you're inching

towards turning yourself in,

whether it's showing up in court

or coming to our office

even when we tell you not to.

Even by seeking out the victims

to give them money,

you were putting something

in motion.
I can't live in jail.

Obviously you're having
difficulty

with the way things are now,

and when Bernice White
starts serving

a 25-year-to-life term,

you will never live with that.

(music playing)

I'm not trying to talk you

into anything.

I'm only encouraging you
to hurry

to the place you're already
headed for,

for Bernice White's sake

and...

I guess, your own.

(door opens)

Hey.

Hi.

What are you doing here?

Oh, I just needed
to get some signatures.

Signatures on what?

Actually,

we were discussing a crime

I committed 16 years ago.

It's a two-prong test.

First, we have to prove
that our representation

was measurably below that
of an ordinary lawyer.

YOUNG: What's measurably?
WASHINGTON: It's like

the definition on obscenity.

They know it when they see it.

And the second prong?

But for our incompetence,

Lindsay would've been acquitted.

Oh, that's gonna be tough
to prove.

Bobby, clerk's office, S. J. C.

(music playing)

Hello. This is Bobby Donnell.

Why didn't they call me?

Shh!
Shh yourself.

Yes.

Uh-huh.

Thank you.

Based on Fifth and Sixth
Amendment violations,

Lindsay's conviction
has been...

reversed.

They've ordered a new trial.

Thank you.

It wasn't everything we wanted.

But it's a chance.

Thank you.

(music playing)

(door closes)

Congratulations.

I don't give a damn.

That isn't true.

WALSH: Hey, it gives me a chance
to beat them twice.

Truth be told, I hate
that firm so much,

just the opportunity
to stick it to 'em twice,

suddenly, there's something
to get juiced for.

They'll never win a retrial.

You watch, they'll come crawling

looking to plead.

Forget it.

She's never getting out
of prison.

Never.

You sound a little rabid.

I know you like
those people, Helen.

I don't.

They're the pricks in my side.

I think you mean thorns.

(knock on door)

(indistinct chatter)

Helen,

we went to your office.

They said you were here.

This is Melissa Halpern.

She's the person who kidnapped

Sally Burns' baby 16-years ago.

(music playing)

It's over.

You're free.

The real kidnapper came forward.

It'll be in the papers tomorrow.

Thank you.

I didn't mean to usurp anybody.

(file-cabinet drawer slams)

You're an associate.

You take the assignments
we give you.

You do not get creative.

You do not go to clients
behind our backs.

I knew it was something Jimmy--

You don't make excuses

when you know what you did
was wrong.

I'm sorry!

Oh, is it that not the approved
associate tone?

This isn't going to work
if that's the attitude

you're coming in with.

I knew that what I was doing

was unconventional and risky.

But I saw something
in this woman,

and I really thought
I could help.

Next time,

you check with us first.

Okay.

DONNELL: Square one, forensics,

psychiatrists, ballistics.

We go through it
like it's the first time.

What are you expecting to find?

Something.

We have to have something new

for the second trial.

Who's trying it?

Either outside counsel
or Eugene.

I haven't decided yet.

Are we switching theories?

I don't know.

We can't go self-defense

since the prior testimony
comes in.

What else is there?
YOUNG: It's got to be

straight insanity.
There's nothing else.

What about the phone call

when she sounded so calm?

Post-traumatic shock.

Nobody's saying
it's gonna be easy,

but insanity is all we got.

We have to pore through
the transcripts,

every word.

Somewhere there has to be
something we can use.

We've got our new trial.

Now we have to win it.

Bobby, I know you don't
wanna hear this,

but we need to consider a plea.

No!
YOUNG: We won't win this trial.

With her prior testimony,

they have a stronger case.

We're not pleading, Eugene.

End of discussion.

The assignment for everybody

is to figure out a way to win.

Straight not guilty.

(music playing)

(door opens)

Sally?

This is Joey.

Joey,

Sally.

Hello.

Hi.

(music playing)

WOMAN: You stinker!

(music playing)