The Practice (1997–2004): Season 7, Episode 9 - The Good Fight - full transcript
DOLE: Previously
on The Practice...
His lawyer fell out,
the case has already
been continued six times.
What's the case?
Statutory rape.
I don't want it.
I didn't ask.
I never forced him.
DONNELL: Mr. Orbis,
he's 13 years old.
I loved him.
DONNELL: I have to attack
a 13-year-old rape victim
and I don't wanna do it.
Well, you will.
And if I tank it?
Please,
you don't think
I just pulled your name
out of a hat.
Do you take drugs, Justin?
All right.
This is the accusing witness.
Go ahead.
DONNELL: After you were caught
with drugs, Justin,
you got suspended then,
didn't you?
Yes.
And this is when...
MARTIN: You hypocrite!
You leave the church,
accusing us of enabling sex--
There's a difference between--
MARTIN: There's a difference?
I was ordered
by the court!
MARTIN: Then quit
your profession.
MAN: We the jury
return a finding
of not guilty.
The defendant...
is free to go.
(gavel bangs)
(indistinct chatter)
I know you can beat this!
Earl, trial is not
an option here!
You killed a cop!
Who told me
he was a drug dealer?
Because he was
working undercover
and even if he was
a drug dealer,
it's still murder
to shoot him!
How many times
do I have to tell you
it was an accident?!
Are you stupid?
Since your own lawyer
has trouble buying your story,
you might consider
how hard it will be
to convince a jury.
You know what,
Mr. Jerk-off?
Just defend me
and while you're doing so,
stop trying to pretend
that you're better than me.
Your last client
was a child rapist,
who you seemed
to have no problem getting off.
Now, you do
what you need to, Bobby!
Accuse the cop's widow.
Argue that he shot himself.
You can even stand up
and say,
"You did it."
I don't much care.
You can even argue accident
because that is what it was.
You listen to me.
No, you listen.
I am the customer,
Bobby.
Aside from that,
you need to remember you and I
are a lot alike.
I'm a drug dealer.
You defend drug dealers.
We need to accept ourselves
for what we are, Bobby.
And add to that,
I am the customer.
(music playing)
Why do I need help?
I'm not saying
you need help.
I'm just offering.
I'm fine.
Thank you.
YOUNG: Bobby, it is a cop
killer case. Those tend to--
Did I lose the ability
to try cases alone?
No.
Did I lose the ability
to ask for help
when I need it?
YOUNG: No.
Did you lose the ability
to sleep?
'Cause you look like crap.
For you, I mean, you're still
better-looking than me.
Can I help you?
I need a lawyer.
I was arrested.
HATCHER: For?
Drugs, marijuana.
They're gonna put me
in jail.
Jamie?
Excellent.
I'm Jamie Stringer.
Hello.
I'll be your attorney.
You are?
Tammy Roe.
Let's go
in the conference room.
GAMBLE: The evidence
will show Detective Bowers
was working undercover
on a drug detail
when the defendant,
Earl Johnson,
attacked him,
took his gun,
and shot him to death.
Detective Bowers
was the first
Boston police officer
to be killed
in the line of duty
in over a decade.
That's his wife, son,
and two daughters
sitting over there.
I'm sure we'd all like
to extend our condolences,
but you can do something more.
You can give them justice
and at the end of this case,
that's all they'll ask you for.
Mr. Donnell?
Justice is all
my client's entitled to,
and it's all we ask for
as well.
What the hell was that?
DONNELL: I didn't wanna tip
our defense.
Tip our defense?
You give a one-liner--
Hey, fire me!
What's going on with you?
You've represented me
many times.
Suddenly, you got
this big problem.
My problem is you
suddenly doubting me.
Because you seem different!
Look, it's like you said,
you're the customer.
I took your money. I'll give you
your money's worth.
That opening?
Was designed to keep
Helen Gamble in the dark.
The fact that
you're in the dark stuns me.
Given your advanced
mental acuity.
What is this?
You want me to threaten you
so you can get off the case.
I would never,
ever threaten you, Bobby.
You keep forgetting,
we're like brothers.
(music playing)
Will they put me
in prison?
I highly doubt it.
The fact that
they released you
before even
being arraigned,
I'll see you
at the courthouse, okay?
Okay.
Thank you.
Okay.
The search seems
to be bogus.
She was pulled over
for rolling through a stop sign.
Please. How much pot?
An ounce.
FRUTT: She wasn't under
the influence?
STRINGER: No. Totally sober.
Who's sitting,
do you know?
I think Judge Brenford.
Why?
Brenford?
You're home.
I'm sorry?
Brenford is the flirting judge,
and you've got blond hair.
Forget it.
This case is as good
as kicked.
What do you mean,
"The flirting judge"?
All you have to do
is smile at him.
Big smile.
Over the top.
If he thinks
you think he's cute,
he'll suppress on the spot.
What?
No, he's right.
I've had six cases
kicked on smiles alone.
I mean, with Lindsay, pfft,
he doesn't even wait
for the facts with her.
Can you flirt?
Can I flirt?
Like, with every professor
I ever had,
thank you.
Like I said, you're home.
Can I flirt?
That was genius.
That was mean.
It was a buy-bust operation.
Detective Bowers
was posing as a seller.
Detective Bowers
was your partner?
SLEZAK: Yes.
Our goal here
was to arrest the defendant,
then cut a deal for information
on other drug sources.
Detective, would you describe
what happened?
SLEZAK: The operation
was in an alley
between two
abandoned buildings.
I manned an observation post
on the roof
of one of the buildings,
and we had unmarked cars
at either end of the alley.
And?
SLEZAK: I saw the defendant,
Earl Johnson,
go into the alley
and walk up to Eddie.
A minute later,
I heard a shot.
By the time I got to him,
Eddie was dead.
The defendant
started to run.
I pulled my weapon,
went in pursuit,
and eventually
apprehended him.
You never actually saw
what happened?
They were standing
in the bay
of a roll-up garage door.
It was dark.
You didn't see it?
No.
DONNELL: And you
couldn't hear either?
SLEZAK: We don't wire
undercover officers
in cases like this.
DONNELL: So, if there had been
a fight for the gun,
you wouldn't know?
SLEZAK: If there'd been
a fight for the gun,
your client would be dead.
DONNELL: Would you say
Detective Bowers
was an aggressive officer?
SLEZAK: I would say
he was an excellent officer.
Move to strike, non-responsive.
Sustained.
SLEZAK: I wouldn't say
he was overly aggressive, no.
DONNELL: But he'd fight
with suspects?
SLEZAK: Yes.
He'd use his fists
instead of his gun,
which probably saved lives.
But some suspects complained
that he used excessive
physical force.
Not one of those complaints
was ever upheld.
Thank you. Nothing further.
(elevator bell dings)
(indistinct chatter)
Okay. You're up next.
I expect it
to be pretty quick.
Don't editorialized.
This lawyer will make you
pay for it.
Just spit out the facts.
You expect it to be quick?
Ms. Gamble,
you did read the autopsy?
Yes. Single gunshot wound
to the chest.
Did you keep reading?
Steroids?
DOCTOR: I'm not saying illegal.
The over-the-counter
muscle-building supplements
are identical
to the illegal stuff.
Was he ever tested?
For drugs of abuse,
coke, heroin,
not steroids.
Steroid rage.
What?
GAMBLE: Of course.
That's their defense.
Bobby Donnell
is going to argue
that your partner flipped out.
SLEZAK: That's ridiculous.
GAMBLE: He's got a few excessive
force complaints
on his record...
SLEZAK: Look,
Eddie never had
any steroid rage.
He was my partner
for nine years.
I'm telling you,
he was an even-tempered guy,
and this was a standard bust.
GAMBLE: Well, he had steroids
in his system.
Bobby Donnell
has that autopsy report.
He's going to argue
your partner started the fight.
Trust me.
(music playing)
Commonwealth vs. Tammy Roe.
Possession
of controlled substance.
Your Honor, we'd like to,
you know, waive reading,
if that's all right.
Since there's no question
of bail,
we'd like to move
to suppress the search
at your convenience.
Why are you so happy?
Just happy to be here,
Your Honor.
Why?
My client was stopped
for rolling
through a stop sign.
There was no reasonable basis
to search her car,
and I always enjoy
being able to right
a constitutional wrong.
Are you a real lawyer?
Am I--yes.
Are you--are you coming
on to me?
I would never--
as hard as it is to resist.
I just...
(music playing)
I am so sorry, Your Honor.
I started some
new allergy medication,
and it has made me so...
loopy.
I just like to schedule
a suppression hearing,
if I could,
where I could question
the arresting officer.
2:00.
Will you be normal by then?
Yes, Your Honor.
Thank you.
What were you doing?
It was technical.
It didn't seem
like normal lawyering to me.
Wait here, one second.
I cannot believe
you did that!
It was a joke, Jamie.
Calm down.
It was not a funny joke.
You humiliated me!
This is a real case, you know,
and somebody's freedom
is at stake, and you decide--
It was marijuana, please.
CARLTON: Ms. Stringer,
if I may ask--
what the hell was that?
Didn't you hear me?
Allergy medication.
Uh-huh. Listen,
I'll give your girl
two years.
If you challenge the search,
I'm going for seven.
FRUTT: Seven? What?
CARLTON: She has two priors
for coke.
FRUTT: Even so,
seven years-
One was for dealing.
Look,
take the two.
Otherwise--
I'll let you know.
(music playing)
You didn't tell us
she had a prior for dealing.
Come on, Bobby.
Take your turn.
You don't know
what you're missing.
Bobby,
Bobby.
Bobby.
Aren't you due back at 1:00?
DOCTOR: The officer died
from a single gunshot wound
to the chest.
The bullet exited the body
at the sixth cervical vertebra.
It was fired
by the officer's own weapon,
a police-issue Glock.
GAMBLE: Tell us
about the entry wound.
It had powder residue
and stippling burns
arranged in a stellate pattern.
GAMBLE: Meaning?
DOCTOR: The muzzle was jammed
up into the victim's chest
with pressure.
He was shot point-blank.
Thank you, doctor.
Nothing further.
The report says
the entry wound
was elongated.
Yes, the muzzle wasn't flat
against the body.
It was angled.
How did the muzzle get angled?
I don't know.
You also don't know
why my client
was in the alley
or what happened
before the gun was fired.
No.
For all you know,
this shooting
was accidental.
DOCTOR: I suppose
it could've been suicide, too,
but I doubt it.
Isn't it possible that
there was a fight for the gun,
and it went off?
DOCTOR: It's possible,
or the street was angled,
or your client's hands slipped,
or the victim flinched.
Thank you, doctor.
Nothing further.
(music playing)
SWACKHEIM: Ms. Gamble,
redirect?
No.
(indistinct chatter)
What are you doing?
What do you mean?
Well, Bobby,
what's your defense?
Accident? Self-defense?
I don't have to tell you, Helen.
GAMBLE: Well, actually,
if it's self-defense,
you do have to give notice.
I'll tell you
what you need to know.
Bobby,
would you look at me?
Are you all right?
I'm fine.
GAMBLE: Is he sleeping?
Not enough.
Why isn't somebody
second-chairing?
He won't have it.
Helen,
is he really screwing up?
I don't know.
He could be laying a trap
to sandbag me.
You guys have pulled
so many stunts,
but he seems off.
He's either screwing up
or he's got me exactly
where he wants me.
The suspect had proceeded
through a stop sign
without coming to a full stop.
CARLTON: Okay. And then
you searched the vehicle?
Yes, finding a packet
which appeared
to be marijuana.
Lab analysis concluded
it was marijuana,
and the suspect
was placed under arrest
for possession
of a controlled substance.
CARLTON: All right.
What made you decide
to search the vehicle?
It had
a "watch your car" sticker
on the rear bumper.
I beg your pardon?
OFFICER: It's a way
to help citizens fight crime.
They register with us,
we give them a sticker,
which lets us stop
and search their car
to make sure
that it's not stolen
or being used in a crime.
On the decal, it says,
"You have consent
to search this vehicle."
CARLTON: Is it
a successful program?
OFFICER: Very.
Over a hundred cities and towns
in Massachusetts participate.
Insurance companies even reduce
your rates if you join.
How many cars
in that neighborhood
have those stickers?
Almost all the cars
on my beat.
It's how we've cut
auto theft
and other crimes
in the area by half.
You searched her car
because of a bumper sticker?
One that gave me consent
to search, yes.
This wasn't even her car.
It was her parents' car.
And her parents'
bumper sticker.
But she knew about it.
STRINGER:
So, you're claiming
you got your consent
to search
from a bumper sticker?
And a decal.
Is that legal?
A lot of cities
have been doing this.
Neighbors banding together,
giving up rights.
That's--that's...
Unconstitutional?
No court has said so.
I'm going to challenge it.
You won't win.
STRINGER: But this?
A bumper sticker
waiving Fourth Amendment rights?
Jamie, is the deal
still on the table?
STRINGER: Um, no.
So, she's looking
at seven years?
Yes.
JOHNSON: I walked into the alley
to buy heroin.
I'm a heroin addict.
Did you see
Officer Bowers there?
I didn't know
he was an officer.
He told me
he was a drug dealer.
I told him what I wanted.
I also told him
his prices were too high.
When it looked like
the deal was going south,
he grabbed me
and threw me into the wall.
Next thing I knew,
we were in a fight.
I heard gunshots.
His body falls to the ground.
DONNELL:
Did you ever attack him?
Never.
DONNELL: Did you ever try
to take his gun?
I didn't know he had a gun.
I never intended
to hurt him.
GAMBLE: You were desperate
for heroin.
I was eager.
GAMBLE: So eager, in fact,
that you tried
to steal the drugs,
which led to you
stealing his gun
and killing him.
JOHNSON: No.
The objection is sustained.
GAMBLE: You have
stolen drugs before.
Yes, and I've stolen
to buy drugs.
In fact,
you're a convicted felon.
Yes.
A convicted felon
that has lied
about his drug crimes.
Yes.
Just like you're lying now
to avoid punishment
for this drug crime.
JOHNSON: No.
I mean,
lying is a part of my disease,
but, I am not--
Lying is a part
of your disease.
After the gun went off
and Detective Bowers
slumped to the ground,
what did you do?
I, um, I ran.
You didn't try
to get him help?
JOHNSON: I knew how
it would look, so I just ran.
Did you take
anything with you?
The heroin.
Anything else?
The gun.
The gun.
The gun that had gone off
and killed a police officer?
Yes.
Had you grabbed for the gun
prior to it going off?
No.
GAMBLE: Uh-huh.
So, you just pick up a gun
that has killed
a police officer,
putting your prints on it,
putting it in your possession?
Well, that makes
a lot of sense.
Nothing further.
(music playing)
Mr. Donnell?
The defense rests,
Your Honor.
(music playing)
CARLTON: I told you
if you challenge the search,
the offer's no good.
Yes, that's why
I'm unchallenging it now.
Please.
Is this your first case?
My first--are you kidding?
Right.
My first--I think not.
Second.
Look, the idea of this girl
getting seven years...
CARLTON: I have marching orders
from my office.
The deal is off, Jamie.
But, on a more positive note,
if you look over there,
seems they like your work.
(indistinct chatter)
(music playing)
YOUNG: Who are you
feeling sorry for here,
yourself or your client?
Both.
Before, you were
feeling outrage.
You need to hang on to that.
Use it.
Challenge
on Fourth Amendment grounds.
Tap into your outrage.
Okay.
Look, this is no time to sulk.
This is where you dig in.
Right.
(clears throat)
You need any help
with research or anything?
I'm fine. Thank you.
Jamie...
I'm sorry.
I...
You know what?
I really have to work
on this, Jimmy.
Okay?
Sure.
(door opens)
Got a second?
Better be worth it, Helen.
In addition
to being ex parte,
you're coming between me
and the crapper.
I already have
the sports pages in hand.
I'd like to move
for a mistrial.
I beg your pardon?
As unorthodox
as it seems--
On what grounds?
Inadequate counsel.
You're the prosecutor.
GAMBLE: I'm also an officer
of this court
and from where I sit,
Bobby Donnell's tanking
this trial.
That's a pretty serious
allegation.
GAMBLE: Look,
the victim had steroids
in his system.
It was in the autopsy report.
For Bobby not to take
advantage of that...
Maybe he didn't read
the autopsy.
GAMBLE: We're talking
about Bobby Donnell.
Come on, he gave
a two-sentence opening.
His crosses have been weak.
Have you even been able
to discern a defense theory?
Yes, accident.
Look, the defendant
is a cop killer.
Clearly,
I wanna put him away,
but I have
a separate obligation
to make sure his rights
are protected,
as do you.
SWACKHEIM: First of all,
nothing Bobby has done
rises to the level
of incompetence.
GAMBLE:
But if we have knowledge
that a lawyer is deliberately
trying to lose--
Come on.
Do you really think that?
No,
but I think
he's hit a wall.
He looks numb.
SWACKHEIM: Look, the law says
I'm not supposed to undermine
the defendant's confidence
in his own lawyer.
So far, this idiot
seems fine with Donnell.
If you want,
you can report him
to the bar
when this is over.
Until then,
all you can do
is your job,
not his.
Helen...
I will speak to him.
(sighs)
I was going to a party.
Stupidly,
I brought along
a little pot.
I'm ashamed that I did so,
but--
my parents
are alcoholics, Your Honor,
and I so don't wanna end up
like them.
So, I took pot.
STRINGER: Yes,
and Tammy,
you've used drugs
in the past, haven't you?
Two years ago,
I also stupidly used cocaine.
I once got enough to share
with some of my friends,
and I was arrested
for dealing when--
I am so not a dealer,
and I totally
don't do cocaine anymore
at all.
Just pot?
It was stupid.
STRINGER: Tammy,
referring back
to when you were stopped,
did you know
about this bumper sticker
on your car?
Well,
I did,
but...
I thought it was, like,
this neighborhood watch
kind of thing.
I didn't know it meant
they could actually
search my car.
CARLTON: That's not exactly
what you said
to the police officer,
is it, Tammy?
I was really nervous.
Do you remember
what it was you said?
Uh, no.
You told him
the bumper sticker
had expired.
I was really nervous.
CARLTON: You were nervous.
In fact,
one of the reasons your father
put the bumper sticker
on the car
was to deter you
from using,
isn't that right, Tammy?
Yes.
And you knew that,
didn't you, Tammy?
Yes.
(knocks on door)
(sighs)
What's up?
Why don't you tell me,
Bobby?
What's up?
I'm not following.
Do you think you're doing
your best work in there?
Hey, I'm open to ideas
if you got any.
SWACKHEIM: Oh,
you're open to ideas?
How about an opening statement
that runs to double digits,
syllable-wise?
How about an aggressive
cross-examination?
How about you get it
into evidence
that the victim was on steroids
at the time he was killed?
DONNELL:
It was a strategic decision.
There was no evidence.
Oh, bull.
Your defense
has been anemic at best.
Helen Gamble
is convinced you're tubing.
Excuse me?
She came to me
as an officer of the court
and asked for a mistrial.
And I had half a mind
to grant it, but--
Hey, take me off if you
don't like what I'm doing!
It's a little late
for that now, isn't it?
You wanna do my job?
No, I want you
to do your job.
DONNELL: Hey, I go
into that damn room
day after day
to defend people
who deserve to rot!
You think that's easy?
I expect you
to give your client--
DONNELL: He raped a kid,
for God's sake!
He was 13!
You think I can just...
waltz in there...
and get him off?
It isn't that easy,
and I'm doing everything I can.
Your client
didn't rape any kid.
He killed a cop.
That was another client
who raped a kid.
DONNELL: Right.
Whatever.
That it? Can I go?
SWACKHEIM: No, you can't.
Bring in Eugene Young
to give the closing.
What?
You can't order that.
I can and I just did.
We'll continue this
till tomorrow.
Bring in Mr. Young.
I've prepared my closing.
You're not doing it.
Your Honor--
I'm giving you an order,
Counsel.
Eugene Young
will give the closing.
CARLTON: The officer saw
the most valid basis imaginable
to search the vehicle.
The decal said,
"You have consent
to search this car."
The defendant had knowledge
of the bumper sticker,
the decal
and even if she didn't,
what we look at
for Fourth Amendment purposes
is the officer's state of mind.
In his mind,
seeing that decal,
he had a good-faith basis
to believe there was consent.
End of issue.
And as for defense
counsel's outrage
over this bumper-sticker policy,
we're trying to win a war here,
Your Honor,
and we're losing.
Sixty percent
of the global drug market
is in this country.
That's staggering.
If these bumper stickers
seem like desperate measures,
we are desperate.
Here we have a town saying,
"Hey, you know what?
Let's help.
Search our cars.
We give you permission.
If it'll stem drug traffic,
if it'll save lives,
search our cars."
That's what her parents said
when they attached
that bumper sticker,
which Tammy Roe knew about.
She waived her rights.
The search was valid.
The motion to suppress
should be denied.
I had a law professor
who would say,
"When people start
to get scared enough,
the first thing
they'll sacrifice
is their Civil Rights."
And look what we have here,
a whole town full of people
slapping on bumper stickers
saying, "Search our cars."
Tomorrow,
decals on the front door,
"Search our house."
Coming soon,
maybe a rights-free street,
or a town with signs
at the border saying,
"If you cross the city lines,
you waive Fourth, Fifth,
Sixth Amendment rights."
Maybe one day a whole state
will go for it.
What are we doing?
Are we all going mad?
Mr. Carlton says,
"What's the big deal?
This is happening all over."
My response?
"My God.
This is happening all over."
In this day
of rampant police abuse,
we're actually
saying to them,
"Hey...
do whatever you want."
What is going on?
(music playing)
(door opens)
What the hell are you doing
going to Swackheim?
Please don't yell at me.
I will yell!
You go behind my back?
That's defamation, Helen.
You disparage somebody's
professional skills?
That's slander!
You wanna sue me?
You think I won't?
You think I won't?!
All right,
you're scaring me now.
We're friends,
for God sakes.
You go to a judge accusing me
of throwing a case?
How could you?!
Because we're friends.
DONNELL:
Don't you ever, ever--
Bobby, let's go.
I need a second.
Bobby.
I said I need a second.
And I said let's go.
Okay?
Fine.
BRENFORD: The Fourth Amendment
protects reasonable expectations
of privacy.
The law defines
reasonable expectations
of privacy as those society
is prepared to protect.
Does anyone know what they are?
Two years ago, I could tell you.
Not now.
We have all agreed
to be searched so often,
when we travel,
when we go to the ballpark,
when we enter buildings,
that I don't know
what a reasonable expectation
of privacy is anymore.
Under the law,
if Americans post signs
in front of their homes
inviting the police in
to search,
society no longer gives me
an expectation of privacy
in my home.
God help us when it happens.
As a matter of law,
I find the defendant waived
her Fourth Amendment rights
if she knew about the sticker
and drove anyway.
But I think the prosecutor
has to carry its burden
that she absolutely did know.
Ms. Roe...
I think you did,
but since I can't be sure,
I'm going to let
what little doubt I have
cut in your favor.
I'm suppressing the search
and dismissing the indictment.
You dodged a bullet, young lady.
(gavel bangs)
BRENFORD: We're adjourned.
I won!
You won.
(laughs)
Congratulations.
Thank you,
Ms. Stringer.
The next time I get caught,
I am so definitely
coming to you.
Excellent.
We know detective Bowers
was killed with his own gun.
The defendant,
a convicted felon,
admits he was desperate
for drugs
and was unhappy
when he didn't get them.
He was arrested at the scene,
and he admits that
there was some kind
of physical altercation
between him and the victim.
The defense case?
Well...
it wasn't just a lie,
it was a mess.
They offered no proof,
Detective Bowers
was the aggressor,
no evidence
that there was a fight,
no alternative theory
even as to what happened.
When the defense
is this muddled,
it means one thing,
there is no defense.
The evidence of this case
supports only one conclusion,
the defendant
attacked the officer,
took his gun,
and murdered him.
Last thoughts?
Eugene, I got
to answer for this.
The jury needs
to hear from me.
The judge--Bob--
Mr. Donnell...
I believe Mr. Young
is closing today.
I'm prepared to close,
Your Honor.
Sidebar!
I gave you an order,
you son of a bitch.
The jury has no relationship
to Eugene Young.
If I don't close,
it undermines my credibility.
It undermines
my client's defense.
You guarantee him
a new trial.
He's got one
half-guaranteed already--
You want me to do my job?
Let me do it.
I'll close you down
in a second if you--
Thank you.
The closing argument
is defense counsel's
last chance to speak to you.
When I began trying cases,
I'd get nervous
before a closing.
Lately, though,
I haven't felt nervous.
I haven't felt anything,
except maybe numb.
What Ms. Gamble said
about the defense,
she was right.
It was muddled, terrible.
The truth is,
based on my client's record,
his stupidity,
I judged him guilty.
It's the worst sin
a lawyer can commit.
My job...
is to fight.
I'm supposed to fight
the power of the state.
I'm supposed to fight
for justice.
Mostly, I'm supposed
to fight for the defendant.
I didn't do that.
I don't feel anything
about that, either,
except maybe tired, you know?
I am sick and tired
of fighting these cases
for these clients
accused of these crimes.
Somebody's got to do it,
I get that.
But this time...
this time,
it shouldn't have been me.
To my client,
all I can say is,
I'm sorry, you know.
I--
you got screwed.
As for you,
members of the jury,
the question is...
did the evidence prove
beyond reasonable doubt
that this man
committed murder?
Clearly it didn't.
Even with a half-assed defense,
the prosecution can only guess
at what happened.
Nobody saw or heard anything.
(chuckles) Can you imagine
how much doubt there'd be
if Mr. Johnson
had a real defense?
My client...
says he got into a struggle
with somebody who he thought
was a drug dealer,
and the gun went off
accidentally.
He is a total piece of crap,
but his version
could be the truth.
I don't know.
(music playing)
(sighs)
Did I do
something wrong again?
No, Jamie.
I want to apologize
for the practical joke.
I know I've been
a little rough on you,
and I'm sorry for that, too.
More importantly,
I slipped into the courtroom,
and I heard your closing.
You did?
I think you have real talent.
I want you to know that,
and I want you to know
that I know it.
I feel like we should hug.
We're not gonna hug,
but...
congratulations
on a well-earned victory.
You'll be having
many more of them.
(door opens)
(music playing)
Madam Foreperson...
has the jury
reached a verdict?
We have, Your Honor.
The defendant will please rise.
To the charge of murder
in the first degree,
how say you?
We the jury find the defendant,
Earl Johnson,
not guilty.
(sighs)
SWACKHEIM: To the charge
of murder in the second degree,
how say you?
We the jury find the defendant,
Earl Johnson,
not guilty.
(exhales sharply)
Thank you.
I got to admit, Bobby,
you were giving me
pause there,
but like always
in the end,
I walk out the door.
Mr. Donnell, Mr. Young,
chambers, please.
Congratulations.
I'm sure you're feeling flushed
with victory.
Bobby, I'm sitting you down.
What are you talking about?
SWACKHEIM:
You were extremely erratic
during your rape trial.
You were all over
the place here.
You briefly even forgot
the crime
which your client
was charged with.
I won.
Because the state
had no case,
and the D. A. was too arrogant
to charge manslaughter
in the alternative.
You're right.
You won.
Which means
I can hardly take you
to the board of bar overseers,
they'd never
find you incompetent,
but I can control
what happens in this building.
As of now,
you're retired from trials.
I'll be calling
the chief judge shortly.
You can't do this.
I won't let you--
Right now, it's a month.
Push me, I'll make it two.
You're not well.
Eugene, take him.
(music playing)
(door opens)
The rest will be good.
You think I've lost it?
I think...
that rape trial
or whatever Father Martin
said to you
really shook you, Bobby.
I'm a criminal defense lawyer.
It's not my fault
if he rapes again.
I'm just a lawyer.
It's not my fault.
You need a rest.
You're just tired.
That's all, honey.
You're just tired.
(music playing)
(music playing)
WOMAN: You stinker.
(music playing)
on The Practice...
His lawyer fell out,
the case has already
been continued six times.
What's the case?
Statutory rape.
I don't want it.
I didn't ask.
I never forced him.
DONNELL: Mr. Orbis,
he's 13 years old.
I loved him.
DONNELL: I have to attack
a 13-year-old rape victim
and I don't wanna do it.
Well, you will.
And if I tank it?
Please,
you don't think
I just pulled your name
out of a hat.
Do you take drugs, Justin?
All right.
This is the accusing witness.
Go ahead.
DONNELL: After you were caught
with drugs, Justin,
you got suspended then,
didn't you?
Yes.
And this is when...
MARTIN: You hypocrite!
You leave the church,
accusing us of enabling sex--
There's a difference between--
MARTIN: There's a difference?
I was ordered
by the court!
MARTIN: Then quit
your profession.
MAN: We the jury
return a finding
of not guilty.
The defendant...
is free to go.
(gavel bangs)
(indistinct chatter)
I know you can beat this!
Earl, trial is not
an option here!
You killed a cop!
Who told me
he was a drug dealer?
Because he was
working undercover
and even if he was
a drug dealer,
it's still murder
to shoot him!
How many times
do I have to tell you
it was an accident?!
Are you stupid?
Since your own lawyer
has trouble buying your story,
you might consider
how hard it will be
to convince a jury.
You know what,
Mr. Jerk-off?
Just defend me
and while you're doing so,
stop trying to pretend
that you're better than me.
Your last client
was a child rapist,
who you seemed
to have no problem getting off.
Now, you do
what you need to, Bobby!
Accuse the cop's widow.
Argue that he shot himself.
You can even stand up
and say,
"You did it."
I don't much care.
You can even argue accident
because that is what it was.
You listen to me.
No, you listen.
I am the customer,
Bobby.
Aside from that,
you need to remember you and I
are a lot alike.
I'm a drug dealer.
You defend drug dealers.
We need to accept ourselves
for what we are, Bobby.
And add to that,
I am the customer.
(music playing)
Why do I need help?
I'm not saying
you need help.
I'm just offering.
I'm fine.
Thank you.
YOUNG: Bobby, it is a cop
killer case. Those tend to--
Did I lose the ability
to try cases alone?
No.
Did I lose the ability
to ask for help
when I need it?
YOUNG: No.
Did you lose the ability
to sleep?
'Cause you look like crap.
For you, I mean, you're still
better-looking than me.
Can I help you?
I need a lawyer.
I was arrested.
HATCHER: For?
Drugs, marijuana.
They're gonna put me
in jail.
Jamie?
Excellent.
I'm Jamie Stringer.
Hello.
I'll be your attorney.
You are?
Tammy Roe.
Let's go
in the conference room.
GAMBLE: The evidence
will show Detective Bowers
was working undercover
on a drug detail
when the defendant,
Earl Johnson,
attacked him,
took his gun,
and shot him to death.
Detective Bowers
was the first
Boston police officer
to be killed
in the line of duty
in over a decade.
That's his wife, son,
and two daughters
sitting over there.
I'm sure we'd all like
to extend our condolences,
but you can do something more.
You can give them justice
and at the end of this case,
that's all they'll ask you for.
Mr. Donnell?
Justice is all
my client's entitled to,
and it's all we ask for
as well.
What the hell was that?
DONNELL: I didn't wanna tip
our defense.
Tip our defense?
You give a one-liner--
Hey, fire me!
What's going on with you?
You've represented me
many times.
Suddenly, you got
this big problem.
My problem is you
suddenly doubting me.
Because you seem different!
Look, it's like you said,
you're the customer.
I took your money. I'll give you
your money's worth.
That opening?
Was designed to keep
Helen Gamble in the dark.
The fact that
you're in the dark stuns me.
Given your advanced
mental acuity.
What is this?
You want me to threaten you
so you can get off the case.
I would never,
ever threaten you, Bobby.
You keep forgetting,
we're like brothers.
(music playing)
Will they put me
in prison?
I highly doubt it.
The fact that
they released you
before even
being arraigned,
I'll see you
at the courthouse, okay?
Okay.
Thank you.
Okay.
The search seems
to be bogus.
She was pulled over
for rolling through a stop sign.
Please. How much pot?
An ounce.
FRUTT: She wasn't under
the influence?
STRINGER: No. Totally sober.
Who's sitting,
do you know?
I think Judge Brenford.
Why?
Brenford?
You're home.
I'm sorry?
Brenford is the flirting judge,
and you've got blond hair.
Forget it.
This case is as good
as kicked.
What do you mean,
"The flirting judge"?
All you have to do
is smile at him.
Big smile.
Over the top.
If he thinks
you think he's cute,
he'll suppress on the spot.
What?
No, he's right.
I've had six cases
kicked on smiles alone.
I mean, with Lindsay, pfft,
he doesn't even wait
for the facts with her.
Can you flirt?
Can I flirt?
Like, with every professor
I ever had,
thank you.
Like I said, you're home.
Can I flirt?
That was genius.
That was mean.
It was a buy-bust operation.
Detective Bowers
was posing as a seller.
Detective Bowers
was your partner?
SLEZAK: Yes.
Our goal here
was to arrest the defendant,
then cut a deal for information
on other drug sources.
Detective, would you describe
what happened?
SLEZAK: The operation
was in an alley
between two
abandoned buildings.
I manned an observation post
on the roof
of one of the buildings,
and we had unmarked cars
at either end of the alley.
And?
SLEZAK: I saw the defendant,
Earl Johnson,
go into the alley
and walk up to Eddie.
A minute later,
I heard a shot.
By the time I got to him,
Eddie was dead.
The defendant
started to run.
I pulled my weapon,
went in pursuit,
and eventually
apprehended him.
You never actually saw
what happened?
They were standing
in the bay
of a roll-up garage door.
It was dark.
You didn't see it?
No.
DONNELL: And you
couldn't hear either?
SLEZAK: We don't wire
undercover officers
in cases like this.
DONNELL: So, if there had been
a fight for the gun,
you wouldn't know?
SLEZAK: If there'd been
a fight for the gun,
your client would be dead.
DONNELL: Would you say
Detective Bowers
was an aggressive officer?
SLEZAK: I would say
he was an excellent officer.
Move to strike, non-responsive.
Sustained.
SLEZAK: I wouldn't say
he was overly aggressive, no.
DONNELL: But he'd fight
with suspects?
SLEZAK: Yes.
He'd use his fists
instead of his gun,
which probably saved lives.
But some suspects complained
that he used excessive
physical force.
Not one of those complaints
was ever upheld.
Thank you. Nothing further.
(elevator bell dings)
(indistinct chatter)
Okay. You're up next.
I expect it
to be pretty quick.
Don't editorialized.
This lawyer will make you
pay for it.
Just spit out the facts.
You expect it to be quick?
Ms. Gamble,
you did read the autopsy?
Yes. Single gunshot wound
to the chest.
Did you keep reading?
Steroids?
DOCTOR: I'm not saying illegal.
The over-the-counter
muscle-building supplements
are identical
to the illegal stuff.
Was he ever tested?
For drugs of abuse,
coke, heroin,
not steroids.
Steroid rage.
What?
GAMBLE: Of course.
That's their defense.
Bobby Donnell
is going to argue
that your partner flipped out.
SLEZAK: That's ridiculous.
GAMBLE: He's got a few excessive
force complaints
on his record...
SLEZAK: Look,
Eddie never had
any steroid rage.
He was my partner
for nine years.
I'm telling you,
he was an even-tempered guy,
and this was a standard bust.
GAMBLE: Well, he had steroids
in his system.
Bobby Donnell
has that autopsy report.
He's going to argue
your partner started the fight.
Trust me.
(music playing)
Commonwealth vs. Tammy Roe.
Possession
of controlled substance.
Your Honor, we'd like to,
you know, waive reading,
if that's all right.
Since there's no question
of bail,
we'd like to move
to suppress the search
at your convenience.
Why are you so happy?
Just happy to be here,
Your Honor.
Why?
My client was stopped
for rolling
through a stop sign.
There was no reasonable basis
to search her car,
and I always enjoy
being able to right
a constitutional wrong.
Are you a real lawyer?
Am I--yes.
Are you--are you coming
on to me?
I would never--
as hard as it is to resist.
I just...
(music playing)
I am so sorry, Your Honor.
I started some
new allergy medication,
and it has made me so...
loopy.
I just like to schedule
a suppression hearing,
if I could,
where I could question
the arresting officer.
2:00.
Will you be normal by then?
Yes, Your Honor.
Thank you.
What were you doing?
It was technical.
It didn't seem
like normal lawyering to me.
Wait here, one second.
I cannot believe
you did that!
It was a joke, Jamie.
Calm down.
It was not a funny joke.
You humiliated me!
This is a real case, you know,
and somebody's freedom
is at stake, and you decide--
It was marijuana, please.
CARLTON: Ms. Stringer,
if I may ask--
what the hell was that?
Didn't you hear me?
Allergy medication.
Uh-huh. Listen,
I'll give your girl
two years.
If you challenge the search,
I'm going for seven.
FRUTT: Seven? What?
CARLTON: She has two priors
for coke.
FRUTT: Even so,
seven years-
One was for dealing.
Look,
take the two.
Otherwise--
I'll let you know.
(music playing)
You didn't tell us
she had a prior for dealing.
Come on, Bobby.
Take your turn.
You don't know
what you're missing.
Bobby,
Bobby.
Bobby.
Aren't you due back at 1:00?
DOCTOR: The officer died
from a single gunshot wound
to the chest.
The bullet exited the body
at the sixth cervical vertebra.
It was fired
by the officer's own weapon,
a police-issue Glock.
GAMBLE: Tell us
about the entry wound.
It had powder residue
and stippling burns
arranged in a stellate pattern.
GAMBLE: Meaning?
DOCTOR: The muzzle was jammed
up into the victim's chest
with pressure.
He was shot point-blank.
Thank you, doctor.
Nothing further.
The report says
the entry wound
was elongated.
Yes, the muzzle wasn't flat
against the body.
It was angled.
How did the muzzle get angled?
I don't know.
You also don't know
why my client
was in the alley
or what happened
before the gun was fired.
No.
For all you know,
this shooting
was accidental.
DOCTOR: I suppose
it could've been suicide, too,
but I doubt it.
Isn't it possible that
there was a fight for the gun,
and it went off?
DOCTOR: It's possible,
or the street was angled,
or your client's hands slipped,
or the victim flinched.
Thank you, doctor.
Nothing further.
(music playing)
SWACKHEIM: Ms. Gamble,
redirect?
No.
(indistinct chatter)
What are you doing?
What do you mean?
Well, Bobby,
what's your defense?
Accident? Self-defense?
I don't have to tell you, Helen.
GAMBLE: Well, actually,
if it's self-defense,
you do have to give notice.
I'll tell you
what you need to know.
Bobby,
would you look at me?
Are you all right?
I'm fine.
GAMBLE: Is he sleeping?
Not enough.
Why isn't somebody
second-chairing?
He won't have it.
Helen,
is he really screwing up?
I don't know.
He could be laying a trap
to sandbag me.
You guys have pulled
so many stunts,
but he seems off.
He's either screwing up
or he's got me exactly
where he wants me.
The suspect had proceeded
through a stop sign
without coming to a full stop.
CARLTON: Okay. And then
you searched the vehicle?
Yes, finding a packet
which appeared
to be marijuana.
Lab analysis concluded
it was marijuana,
and the suspect
was placed under arrest
for possession
of a controlled substance.
CARLTON: All right.
What made you decide
to search the vehicle?
It had
a "watch your car" sticker
on the rear bumper.
I beg your pardon?
OFFICER: It's a way
to help citizens fight crime.
They register with us,
we give them a sticker,
which lets us stop
and search their car
to make sure
that it's not stolen
or being used in a crime.
On the decal, it says,
"You have consent
to search this vehicle."
CARLTON: Is it
a successful program?
OFFICER: Very.
Over a hundred cities and towns
in Massachusetts participate.
Insurance companies even reduce
your rates if you join.
How many cars
in that neighborhood
have those stickers?
Almost all the cars
on my beat.
It's how we've cut
auto theft
and other crimes
in the area by half.
You searched her car
because of a bumper sticker?
One that gave me consent
to search, yes.
This wasn't even her car.
It was her parents' car.
And her parents'
bumper sticker.
But she knew about it.
STRINGER:
So, you're claiming
you got your consent
to search
from a bumper sticker?
And a decal.
Is that legal?
A lot of cities
have been doing this.
Neighbors banding together,
giving up rights.
That's--that's...
Unconstitutional?
No court has said so.
I'm going to challenge it.
You won't win.
STRINGER: But this?
A bumper sticker
waiving Fourth Amendment rights?
Jamie, is the deal
still on the table?
STRINGER: Um, no.
So, she's looking
at seven years?
Yes.
JOHNSON: I walked into the alley
to buy heroin.
I'm a heroin addict.
Did you see
Officer Bowers there?
I didn't know
he was an officer.
He told me
he was a drug dealer.
I told him what I wanted.
I also told him
his prices were too high.
When it looked like
the deal was going south,
he grabbed me
and threw me into the wall.
Next thing I knew,
we were in a fight.
I heard gunshots.
His body falls to the ground.
DONNELL:
Did you ever attack him?
Never.
DONNELL: Did you ever try
to take his gun?
I didn't know he had a gun.
I never intended
to hurt him.
GAMBLE: You were desperate
for heroin.
I was eager.
GAMBLE: So eager, in fact,
that you tried
to steal the drugs,
which led to you
stealing his gun
and killing him.
JOHNSON: No.
The objection is sustained.
GAMBLE: You have
stolen drugs before.
Yes, and I've stolen
to buy drugs.
In fact,
you're a convicted felon.
Yes.
A convicted felon
that has lied
about his drug crimes.
Yes.
Just like you're lying now
to avoid punishment
for this drug crime.
JOHNSON: No.
I mean,
lying is a part of my disease,
but, I am not--
Lying is a part
of your disease.
After the gun went off
and Detective Bowers
slumped to the ground,
what did you do?
I, um, I ran.
You didn't try
to get him help?
JOHNSON: I knew how
it would look, so I just ran.
Did you take
anything with you?
The heroin.
Anything else?
The gun.
The gun.
The gun that had gone off
and killed a police officer?
Yes.
Had you grabbed for the gun
prior to it going off?
No.
GAMBLE: Uh-huh.
So, you just pick up a gun
that has killed
a police officer,
putting your prints on it,
putting it in your possession?
Well, that makes
a lot of sense.
Nothing further.
(music playing)
Mr. Donnell?
The defense rests,
Your Honor.
(music playing)
CARLTON: I told you
if you challenge the search,
the offer's no good.
Yes, that's why
I'm unchallenging it now.
Please.
Is this your first case?
My first--are you kidding?
Right.
My first--I think not.
Second.
Look, the idea of this girl
getting seven years...
CARLTON: I have marching orders
from my office.
The deal is off, Jamie.
But, on a more positive note,
if you look over there,
seems they like your work.
(indistinct chatter)
(music playing)
YOUNG: Who are you
feeling sorry for here,
yourself or your client?
Both.
Before, you were
feeling outrage.
You need to hang on to that.
Use it.
Challenge
on Fourth Amendment grounds.
Tap into your outrage.
Okay.
Look, this is no time to sulk.
This is where you dig in.
Right.
(clears throat)
You need any help
with research or anything?
I'm fine. Thank you.
Jamie...
I'm sorry.
I...
You know what?
I really have to work
on this, Jimmy.
Okay?
Sure.
(door opens)
Got a second?
Better be worth it, Helen.
In addition
to being ex parte,
you're coming between me
and the crapper.
I already have
the sports pages in hand.
I'd like to move
for a mistrial.
I beg your pardon?
As unorthodox
as it seems--
On what grounds?
Inadequate counsel.
You're the prosecutor.
GAMBLE: I'm also an officer
of this court
and from where I sit,
Bobby Donnell's tanking
this trial.
That's a pretty serious
allegation.
GAMBLE: Look,
the victim had steroids
in his system.
It was in the autopsy report.
For Bobby not to take
advantage of that...
Maybe he didn't read
the autopsy.
GAMBLE: We're talking
about Bobby Donnell.
Come on, he gave
a two-sentence opening.
His crosses have been weak.
Have you even been able
to discern a defense theory?
Yes, accident.
Look, the defendant
is a cop killer.
Clearly,
I wanna put him away,
but I have
a separate obligation
to make sure his rights
are protected,
as do you.
SWACKHEIM: First of all,
nothing Bobby has done
rises to the level
of incompetence.
GAMBLE:
But if we have knowledge
that a lawyer is deliberately
trying to lose--
Come on.
Do you really think that?
No,
but I think
he's hit a wall.
He looks numb.
SWACKHEIM: Look, the law says
I'm not supposed to undermine
the defendant's confidence
in his own lawyer.
So far, this idiot
seems fine with Donnell.
If you want,
you can report him
to the bar
when this is over.
Until then,
all you can do
is your job,
not his.
Helen...
I will speak to him.
(sighs)
I was going to a party.
Stupidly,
I brought along
a little pot.
I'm ashamed that I did so,
but--
my parents
are alcoholics, Your Honor,
and I so don't wanna end up
like them.
So, I took pot.
STRINGER: Yes,
and Tammy,
you've used drugs
in the past, haven't you?
Two years ago,
I also stupidly used cocaine.
I once got enough to share
with some of my friends,
and I was arrested
for dealing when--
I am so not a dealer,
and I totally
don't do cocaine anymore
at all.
Just pot?
It was stupid.
STRINGER: Tammy,
referring back
to when you were stopped,
did you know
about this bumper sticker
on your car?
Well,
I did,
but...
I thought it was, like,
this neighborhood watch
kind of thing.
I didn't know it meant
they could actually
search my car.
CARLTON: That's not exactly
what you said
to the police officer,
is it, Tammy?
I was really nervous.
Do you remember
what it was you said?
Uh, no.
You told him
the bumper sticker
had expired.
I was really nervous.
CARLTON: You were nervous.
In fact,
one of the reasons your father
put the bumper sticker
on the car
was to deter you
from using,
isn't that right, Tammy?
Yes.
And you knew that,
didn't you, Tammy?
Yes.
(knocks on door)
(sighs)
What's up?
Why don't you tell me,
Bobby?
What's up?
I'm not following.
Do you think you're doing
your best work in there?
Hey, I'm open to ideas
if you got any.
SWACKHEIM: Oh,
you're open to ideas?
How about an opening statement
that runs to double digits,
syllable-wise?
How about an aggressive
cross-examination?
How about you get it
into evidence
that the victim was on steroids
at the time he was killed?
DONNELL:
It was a strategic decision.
There was no evidence.
Oh, bull.
Your defense
has been anemic at best.
Helen Gamble
is convinced you're tubing.
Excuse me?
She came to me
as an officer of the court
and asked for a mistrial.
And I had half a mind
to grant it, but--
Hey, take me off if you
don't like what I'm doing!
It's a little late
for that now, isn't it?
You wanna do my job?
No, I want you
to do your job.
DONNELL: Hey, I go
into that damn room
day after day
to defend people
who deserve to rot!
You think that's easy?
I expect you
to give your client--
DONNELL: He raped a kid,
for God's sake!
He was 13!
You think I can just...
waltz in there...
and get him off?
It isn't that easy,
and I'm doing everything I can.
Your client
didn't rape any kid.
He killed a cop.
That was another client
who raped a kid.
DONNELL: Right.
Whatever.
That it? Can I go?
SWACKHEIM: No, you can't.
Bring in Eugene Young
to give the closing.
What?
You can't order that.
I can and I just did.
We'll continue this
till tomorrow.
Bring in Mr. Young.
I've prepared my closing.
You're not doing it.
Your Honor--
I'm giving you an order,
Counsel.
Eugene Young
will give the closing.
CARLTON: The officer saw
the most valid basis imaginable
to search the vehicle.
The decal said,
"You have consent
to search this car."
The defendant had knowledge
of the bumper sticker,
the decal
and even if she didn't,
what we look at
for Fourth Amendment purposes
is the officer's state of mind.
In his mind,
seeing that decal,
he had a good-faith basis
to believe there was consent.
End of issue.
And as for defense
counsel's outrage
over this bumper-sticker policy,
we're trying to win a war here,
Your Honor,
and we're losing.
Sixty percent
of the global drug market
is in this country.
That's staggering.
If these bumper stickers
seem like desperate measures,
we are desperate.
Here we have a town saying,
"Hey, you know what?
Let's help.
Search our cars.
We give you permission.
If it'll stem drug traffic,
if it'll save lives,
search our cars."
That's what her parents said
when they attached
that bumper sticker,
which Tammy Roe knew about.
She waived her rights.
The search was valid.
The motion to suppress
should be denied.
I had a law professor
who would say,
"When people start
to get scared enough,
the first thing
they'll sacrifice
is their Civil Rights."
And look what we have here,
a whole town full of people
slapping on bumper stickers
saying, "Search our cars."
Tomorrow,
decals on the front door,
"Search our house."
Coming soon,
maybe a rights-free street,
or a town with signs
at the border saying,
"If you cross the city lines,
you waive Fourth, Fifth,
Sixth Amendment rights."
Maybe one day a whole state
will go for it.
What are we doing?
Are we all going mad?
Mr. Carlton says,
"What's the big deal?
This is happening all over."
My response?
"My God.
This is happening all over."
In this day
of rampant police abuse,
we're actually
saying to them,
"Hey...
do whatever you want."
What is going on?
(music playing)
(door opens)
What the hell are you doing
going to Swackheim?
Please don't yell at me.
I will yell!
You go behind my back?
That's defamation, Helen.
You disparage somebody's
professional skills?
That's slander!
You wanna sue me?
You think I won't?
You think I won't?!
All right,
you're scaring me now.
We're friends,
for God sakes.
You go to a judge accusing me
of throwing a case?
How could you?!
Because we're friends.
DONNELL:
Don't you ever, ever--
Bobby, let's go.
I need a second.
Bobby.
I said I need a second.
And I said let's go.
Okay?
Fine.
BRENFORD: The Fourth Amendment
protects reasonable expectations
of privacy.
The law defines
reasonable expectations
of privacy as those society
is prepared to protect.
Does anyone know what they are?
Two years ago, I could tell you.
Not now.
We have all agreed
to be searched so often,
when we travel,
when we go to the ballpark,
when we enter buildings,
that I don't know
what a reasonable expectation
of privacy is anymore.
Under the law,
if Americans post signs
in front of their homes
inviting the police in
to search,
society no longer gives me
an expectation of privacy
in my home.
God help us when it happens.
As a matter of law,
I find the defendant waived
her Fourth Amendment rights
if she knew about the sticker
and drove anyway.
But I think the prosecutor
has to carry its burden
that she absolutely did know.
Ms. Roe...
I think you did,
but since I can't be sure,
I'm going to let
what little doubt I have
cut in your favor.
I'm suppressing the search
and dismissing the indictment.
You dodged a bullet, young lady.
(gavel bangs)
BRENFORD: We're adjourned.
I won!
You won.
(laughs)
Congratulations.
Thank you,
Ms. Stringer.
The next time I get caught,
I am so definitely
coming to you.
Excellent.
We know detective Bowers
was killed with his own gun.
The defendant,
a convicted felon,
admits he was desperate
for drugs
and was unhappy
when he didn't get them.
He was arrested at the scene,
and he admits that
there was some kind
of physical altercation
between him and the victim.
The defense case?
Well...
it wasn't just a lie,
it was a mess.
They offered no proof,
Detective Bowers
was the aggressor,
no evidence
that there was a fight,
no alternative theory
even as to what happened.
When the defense
is this muddled,
it means one thing,
there is no defense.
The evidence of this case
supports only one conclusion,
the defendant
attacked the officer,
took his gun,
and murdered him.
Last thoughts?
Eugene, I got
to answer for this.
The jury needs
to hear from me.
The judge--Bob--
Mr. Donnell...
I believe Mr. Young
is closing today.
I'm prepared to close,
Your Honor.
Sidebar!
I gave you an order,
you son of a bitch.
The jury has no relationship
to Eugene Young.
If I don't close,
it undermines my credibility.
It undermines
my client's defense.
You guarantee him
a new trial.
He's got one
half-guaranteed already--
You want me to do my job?
Let me do it.
I'll close you down
in a second if you--
Thank you.
The closing argument
is defense counsel's
last chance to speak to you.
When I began trying cases,
I'd get nervous
before a closing.
Lately, though,
I haven't felt nervous.
I haven't felt anything,
except maybe numb.
What Ms. Gamble said
about the defense,
she was right.
It was muddled, terrible.
The truth is,
based on my client's record,
his stupidity,
I judged him guilty.
It's the worst sin
a lawyer can commit.
My job...
is to fight.
I'm supposed to fight
the power of the state.
I'm supposed to fight
for justice.
Mostly, I'm supposed
to fight for the defendant.
I didn't do that.
I don't feel anything
about that, either,
except maybe tired, you know?
I am sick and tired
of fighting these cases
for these clients
accused of these crimes.
Somebody's got to do it,
I get that.
But this time...
this time,
it shouldn't have been me.
To my client,
all I can say is,
I'm sorry, you know.
I--
you got screwed.
As for you,
members of the jury,
the question is...
did the evidence prove
beyond reasonable doubt
that this man
committed murder?
Clearly it didn't.
Even with a half-assed defense,
the prosecution can only guess
at what happened.
Nobody saw or heard anything.
(chuckles) Can you imagine
how much doubt there'd be
if Mr. Johnson
had a real defense?
My client...
says he got into a struggle
with somebody who he thought
was a drug dealer,
and the gun went off
accidentally.
He is a total piece of crap,
but his version
could be the truth.
I don't know.
(music playing)
(sighs)
Did I do
something wrong again?
No, Jamie.
I want to apologize
for the practical joke.
I know I've been
a little rough on you,
and I'm sorry for that, too.
More importantly,
I slipped into the courtroom,
and I heard your closing.
You did?
I think you have real talent.
I want you to know that,
and I want you to know
that I know it.
I feel like we should hug.
We're not gonna hug,
but...
congratulations
on a well-earned victory.
You'll be having
many more of them.
(door opens)
(music playing)
Madam Foreperson...
has the jury
reached a verdict?
We have, Your Honor.
The defendant will please rise.
To the charge of murder
in the first degree,
how say you?
We the jury find the defendant,
Earl Johnson,
not guilty.
(sighs)
SWACKHEIM: To the charge
of murder in the second degree,
how say you?
We the jury find the defendant,
Earl Johnson,
not guilty.
(exhales sharply)
Thank you.
I got to admit, Bobby,
you were giving me
pause there,
but like always
in the end,
I walk out the door.
Mr. Donnell, Mr. Young,
chambers, please.
Congratulations.
I'm sure you're feeling flushed
with victory.
Bobby, I'm sitting you down.
What are you talking about?
SWACKHEIM:
You were extremely erratic
during your rape trial.
You were all over
the place here.
You briefly even forgot
the crime
which your client
was charged with.
I won.
Because the state
had no case,
and the D. A. was too arrogant
to charge manslaughter
in the alternative.
You're right.
You won.
Which means
I can hardly take you
to the board of bar overseers,
they'd never
find you incompetent,
but I can control
what happens in this building.
As of now,
you're retired from trials.
I'll be calling
the chief judge shortly.
You can't do this.
I won't let you--
Right now, it's a month.
Push me, I'll make it two.
You're not well.
Eugene, take him.
(music playing)
(door opens)
The rest will be good.
You think I've lost it?
I think...
that rape trial
or whatever Father Martin
said to you
really shook you, Bobby.
I'm a criminal defense lawyer.
It's not my fault
if he rapes again.
I'm just a lawyer.
It's not my fault.
You need a rest.
You're just tired.
That's all, honey.
You're just tired.
(music playing)
(music playing)
WOMAN: You stinker.
(music playing)