The Practice (1997–2004): Season 8, Episode 7 - Rape Shield - full transcript
SHORE: Previously
on "The Practice"...
Suddenly,
airport security comes
and tells me
I have to get off
because I was too fat to fly.
ASHFORD: The statute
of limitations
for suing us has expired.
I would just tell the client
that we settled,
pay them out
of my own pocket,
and avoid the whole
malpractice thing.
They've agreed
to pay you $10,000.
Tell them no.
FRUTT: This woman thinks
the airline
offered her $10,000?
Just help me.
Tell your client the truth.
There's something
you need to know.
I already know.
And all I can say
is thank you.
Mr. Torrance came
to my house this morning.
STRINGER:
He went to Melissa Kenner
and pretended to be somebody
from the airline
and settled the case.
Well, any chance
I get to break a law.
Why are we having lunch?
SHORE: I think
I enjoy the company
of inquisitive people.
Also, I find you attractive.
I was so sure
after the case
was over that--
SHORE:
That you were expendable?
Just the opposite, Diane.
It's not a Jewish thing.
What is it, then?
STRINGER: A man-woman thing.
I want a break up.
Jamie, you and I,
it's just a thing.
We both know that.
It's no big deal.
(music playing)
What are you doing?
Just looking.
You're just looking?
I leave.
I perhaps should've shared
that prior to getting intimate,
but...
in relationships,
I leave.
Are you leaving now?
Only to go to work.
I don't mean to suggest
any waning interest
on my part.
To the contrary, um,
but in the spirit of honesty--
You leave?
(indistinct chatter)
WILSON: Okay,
you'll be transported
to the courthouse
tomorrow at 8:00 A. M.
The trial is scheduled
for 9:00.
When do I see my lawyer?
Mr. Berluti will be
waiting for you
at the courthouse,
as will I.
You might want to think
about a plea.
Aggravated rape
could be as much as 25 years.
Can I ask you something?
Certainly.
WILLS: How is it that I'm going
on trial tomorrow
facing 25 years,
and I haven't seen
my lawyer in weeks?
He's been working
on the case,
and he's quite prepared.
I assure you,
you're in very capable hands.
(music playing)
YOUNG: What are these?
They're for Jamie,
actually.
Wow, orchids
in November.
Who from?
We don't know.
You ready?
Uh, a little heads up,
the client's slightly
perturbed,
not having seen you.
Okay, let's go.
And Jimmy,
hold on a second.
You haven't seen
your client?
Not since the arraignment.
Tara's been doing
the back and forth with him.
I've been prepping
the case from here.
Hey, you're the one who said,
"Watch our time on the
court-appointed cases." Eugene.
So--
I said, "Draw limits."
I never said,
"Don't bother to meet
with the client."
I'm ready to try the case.
Don't worry.
Come on, Tara.
Nice.
Who from?
This is kind of private.
Somebody Jewish, I hope.
SAMUEL: I arrived home,
I think it was just
after 8:00 P. M.
I was picking up Jessica
to go out to dinner.
It was her 21st birthday.
Jessica is your daughter?
SAMUEL: Yes.
I came into the house,
and I immediately heard noise
coming from somewhere.
What kind of noise, sir?
Well, I really couldn't
identify it at first,
but then I went into
the living room
and, uh, I,
I saw the cause of the noise.
What did you see, sir?
(voice breaking)
I saw my daughter...
being raped.
WEBB: I know this is
difficult, sir,
but can you describe
for the jury
exactly what you saw?
SAMUEL: Jessica
was on her back,
on the floor.
That man over there
was on top of her.
Her pants were pulled down,
his too,
and he was forcing himself
inside of her.
WEBB: Are you sure
this is the man
you saw on top
of your daughter?
SAMUEL: I am positive...
it was him,
it was him.
WEBB: What happened next,
Mr. Palmer?
I picked up a shovel
by the fireplace,
and I knocked him
unconscious.
Then I called 911.
I tied him up
with an electrical cord.
The police came and got him.
WEBB: And could you describe
for the jury
the condition
of your daughter?
She was beyond hysterical.
WEBB: I'm done, Your Honor.
(music playing)
You said, sir,
you heard noises
when you entered.
Did you hear screams?
I said before,
I couldn't identify
the noises.
BERLUTI: When you saw
what you saw,
would it be fair to say
it caused you
feelings of shock?
That would be fair.
BERLUTI: Did you see any weapon
in my client's possession?
No.
Nothing further.
You didn't do nothing!
Look, Derrick, this was
the father of the victim.
You got to walk a careful line.
I'm the victim here,
Mr. Berluti!
Do we not understand that?!
BERLUTI:
In the eyes of the jury,
this man was sympathetic.
It would have been
a mistake for me
to beat him up.
So you did nothing?!
No.
I established that he didn't
hear screams,
which, as the girl's father,
he would've remembered hearing.
I established that he went
into shock
upon seeing the event.
Shock compromises
capacity to observe.
Did you explain to Mr. Mills
that our theory of defense--
MILLS: Why haven't you
explained it to me, huh?!
She's a law student.
Where the hell
have you been?!
We got a problem, Mr. Mills?
'Cause if we do,
I got an easy suggestion.
We can go see the judge,
tell her you want
a different lawyer.
I doubt she'll give you one
middle of the trial,
but, hey, it's worth a shot.
You like to take your shots
where you find them,
huh, Derrick?
WILSON: All right.
This isn't helping.
He seems like
a nice guy.
He's angry.
Yeah, I picked up on that.
Jimmy...
if I could play
the role of a naive
law student for a second,
there's no chance
that he could be innocent,
is there?
What are you talking about?
You're the one who's been
saying he's guilty.
WILSON: I know.
I'm sure that he is.
It's just that
he's so indignant.
Lesson number one, Tara,
the guiltier they come,
the more indignant they get
about being arrested.
Right.
(sighs) Good.
Is there a problem?
No.
Excellent.
So, you are here to--
Alan, I don't like
"I'm leaving"
to be the first words
out of a man's mouth
in the morning,
especially after
I've slept with him
the night before.
Could we perhaps
discuss this later?
Oh, I'm not here
for confrontation, Alan,
only some clarity.
Will we be seeing
each other again?
Would tonight
be soon enough?
Yes.
Fine, then.
The man Roland Huff shot,
wasn't that his sister?
I believe it was, yes.
You slept with her?
I did, actually.
Thank you for asking.
Alan.
Do you mind?
Sorry, I, uh, uh--
Thought they were
firm flowers?
Well, since they were out
in the open--
I left them on my desk.
Okay.
Sorry.
You settled
Melissa Kenner's case
for $25,000?
Uh, oh, yeah.
She was very pleased,
hence the flowers.
Well, how come
you never told me
about the settlement?
I mean, that's a pretty
good result.
Well, I don't know.
I don't talk about
all my cases, Eugene.
Where's the money?
Sorry?
YOUNG: Our contingency.
There are no funds
in the client's account,
so when's the money coming in?
Soon.
Very soon.
(music playing)
What's this?
The contingency
on Melissa Kenner.
I can't make deposits
since I'm an associate,
so I'm giving it to you
as a partner.
FRUTT: I'm confused.
We deduct contingencies,
and then we pay the client.
Why is this check--
JAMIE: I forgot.
The client
got the whole thing.
She cut a money order for us.
You forgot?
You just gave the client
the whole thing?
Look, we got the money.
Can you just make
the deposit?
Hello!
Melissa!
We were just talking about you.
KENNER: I brought
a little surprise.
Did you get my flowers?
I did.
Thank you so much.
MELISSA:
Well, I just thought--
Mr. Torrance.
What are you doing here?
Oh, well, I work here.
KENNER: You work here?
I don't understand.
STRINGER: Melissa.
You work for the airline?
The airline?
SHORE: It's just
in-house counsel
for a big airline.
It just wasn't my calling.
And I was so overwhelmed
by Jamie's dedication to you,
it so warmed
the cockles of my heart,
I was inspired to shift
career direction.
Thank you, Melissa,
for both the new life
and the warm cockles.
JESSICA: I was trying
to find my way back
to Storro Drive,
and I pulled over
to ask for directions.
And suddenly,
he just jumped in.
Who jumped in?
Him.
He told me he had a knife,
and he told me to drive.
Did you see the knife?
No.
WEBB: Okay.
Then after he told you to drive,
then what happened, Jessica?
He reached inside my purse,
pulled out my wallet
and my license.
He saw the Beacon Hill
address.
He said he wanted some nice
Beacon Hill things.
And he said
if we didn't go there,
that he'd kill me.
WEBB: So you drove
to your home?
JESSICA: Yes.
He just wanted some stuff
to sell to get drugs,
so I took him in.
He looked around,
and then...
then he said first
he wanted some...
recreation.
And that was the word he used
"Recreation."
Then he grabbed me.
I tried to scream, but he--
Take your time.
He pushed me to the floor
and...
he pulled off my jeans.
I was just...
I was saying to myself,
"Dear God...
please, just let me pass out."
WEBB: Did you pass out?
And then,
he was inside me.
He was inside me.
WEBB: Jessica,
at any time...
did you consent to having sex
with the defendant?
No.
God, no.
WEBB: Thank you, Jessica.
Jessica,
an allegation of rape,
that's a very serious thing.
When you accuse a man
of rape,
he could lose his freedom.
Does counsel
have a question?
Did you willingly have sex
with my client
only to claim rape
after your dad walked in?
JESSICA: No.
He forced me.
BERLUTI: I see.
And have you ever claimed
somebody raped you before
after having--
Objection!
Sustained.
Cut it out, counsel.
BERLUTI: Isn't it true
you invited my client
back to your house?
No.
It is not true.
And I did not extend
an invitation to be raped.
Nothing further.
That went well.
Jimmy, it might be
my imagination,
but when you asked
if she had ever claimed
rape before...
What?
Well, it just seemed
that the district attorney
was ready for the question.
He pounced to shut it down.
What are you saying?
You might have stumbled
onto something.
I wasn't in on it.
He just did it.
He pretended to be
a representative
of the airline?
Yes.
First, why didn't you
stop him?
And second, why didn't you
tell me or Eugene?
I didn't know he was going
to do it, Ellenor.
And I didn't tell you
to protect both him and you.
Jamie, you are a second-year
associate.
It is not your call
whether to tell or not
on something like this!
The guy went to bat for me.
How--
FRUTT: I don't care.
You report to a superior,
either me or Eugene,
no exceptions.
Alan...
could you come
into my office, please?
Have I been bad?
WILSON: Oh God, Jimmy.
Here it is.
What?
Page 32.
"Victim's father reports
two previous unconfirmed
claims of rape.
Investigated.
Unsubstantiated.
Unsubstantiated.
No arrests made.
How could we have missed this?
It's practically
a scribbled footnote.
Look, it notes even
the father doubted
the validity
of the prior claims.
She tells her father
she was raped, twice.
The claims are dismissed.
So she sets it up
for him to walk in on her,
so he'd have to believe her.
(music playing)
You got fired
from your last firm
for embezzling.
Allegedly.
You threatened extortion
your first week here.
That was an accident.
Break privilege,
for which you almost
got disbarred.
Horseshoes.
Sleep with witnesses.
Just the one.
And now I find out
you actually impersonated
an opposing party
so you could settle a case.
That's not just fraud,
that's probably criminal.
Alan, look at me.
You are seriously
self-destructive.
Isn't everybody?
Look, I adore you,
you know that
but this firm is my life.
I have to tell Eugene.
May I ask why?
FRUTT: He's a fellow partner.
I have a fiduciary
responsibility to him.
And you are exposing him
to enormous liability,
as you are Jimmy and me.
Alan, you are
an amazing lawyer
but I don't think
it's gonna work out here.
Are you firing me?
I'm gonna talk to Eugene,
but...
I...
But you don't think
it's gonna work out here?
The difficult thing
about firing him--
Aside from him
being your friend.
Is that, once again,
he fell on the sword
for somebody else,
this time for the firm,
as well as for Jamie.
And he did save us
from a malpractice judgment.
And possibly exposed us
to something much worse.
Eugene...
since I am his friend,
I'm gonna have to let you
make the call here.
In the spirit of objectivity,
I just can't bring
myself to do it.
Okay.
Ellenor...
in the spirit of objectivity,
you're gonna have to deal
with Jamie.
She's complicit, too.
KITTLESON:
All right, Mr. Berluti,
you may begin
your defense.
Thank you, Your Honor.
The defense recalls
Jessica Palmer.
I'm sorry, Your Honor,
but if this involves
a continuation of cross--
This is something new.
WEBB: Well, I'd appreciate
a proffer.
Counsel, step up.
What is going on?
Evidence has come to light
that Ms. Palmer has made
claims of rape before,
and I'd like--
This is rape shield.
You can't get into this.
I can't get into it?
None of us will get
into it here.
Chambers.
Her sexual past
is off-limits.
Any questions
relating to her--
This goes to her credibility,
not her sexual past.
This woman alleged rape
how many times?
BERLUTI: Two,
both times to her father,
who was dubious himself--
You can't say this.
I can't say it?
If she goes around
claiming rape--
WEBB: First of all,
you can't prove these claims
were false,
and even if you could,
it still falls
within rape shield.
False rape accusations
by the victim
are not admissible
unless a four-prong test
is satisfied,
one prong being...
the victim is the only
prosecution witness,
which here she isn't.
We have an eyewitness
to the rape.
Her father.
It doesn't matter.
I'm not looking to impugn
the woman's sexual past.
This is only being
introduced to impeach--
KITTLESON: I understand,
but there's no
impeachment exception,
and even if there were,
you have a slew
of problems, counsel.
First, Mr. Webb
states the law correctly.
Your Honor--
KITTLESON: And second,
victim's testimony...
has to be confused
or inconsistent.
Hers wasn't.
Let me question her.
KITTLESON: And third,
you have to file all questions
regarding her sexual past
before trial.
You didn't.
Because I didn't know.
And whose fault is that?
It was in the file.
Did you read it?
They buried it
deep in the file,
barely a footnote.
They didn't want us
to find it.
But it was there.
Your Honor, come on.
This woman has perhaps
falsely claimed rape before.
How could it be possible
that the jury
doesn't get to hear this?
You can write
your congressman
if you don't like
the law, counsel.
In here,
we simply follow it.
Any and all evidence
of prior rape accusations
will not be introduced.
You can't even raise it?
No.
How could this possibly be?
There are specific laws.
Don't I have the right
to confront my accuser?
Unfortunately,
not in rape cases.
Look, I know this is unfair.
I don't know what to say.
So what happens next?
We put you up,
you tell your story.
WILSON: Derrick,
as entitled as you are
to your anger,
you can't let it
overtake you in there.
This is important.
Anger is consistent
with a rapist.
You need
to keep it together.
I'm not firing you.
But if this were a big firm
or perhaps any firm
other than this one,
you would be fired.
You do know that?
What's happening to Alan?
It's Eugene's decision, so...
he's likely gone.
Did you hear
what I just said?
SHORE: I did.
Well...
do you have a response?
I'm sure I do.
But I'm distracted
at the moment.
Could I get back to you?
I have given you
an opportunity.
Perhaps your last opportunity
to account for yourself.
You need to tell me
your thinking now.
SHORE: Eugene, trust me,
if I shared my thoughts
with you,
you'd regard them
as disrespectful
rather than a product
of my preoccupation,
which I assure you, is...
all it is.
Talk.
Okay.
I went to bed with a...
lovely woman
the other night.
She had an extremely
fetching body,
which...
believe it or not,
I wasn't aware of
prior to the lovemaking.
The reason for that is,
she dresses
to desexualize herself,
and that led me to believe
there's perhaps some...
dark back story
I'm not privy to.
I do know she seem sad,
and then it got me
to thinking
most of my relationships
have been with sad women
and I was wondering why.
What does that say about me?
In the end,
it always comes back to me.
Comments?
She picked you up?
Yes.
I was on my way home
from work.
BERLUTI: What do you do, sir?
MILLS: I'm a foreman
at a furniture warehouse.
I was on my way home,
walking down Tremont, and...
she pulled over
to ask me for directions.
BERLUTI: Jessica Palmer?
MILLS: Yes.
And then she
started talking me up.
Then she asked me
if I wanted to climb in
and go for a drive.
She invited you into her car?
MILLS: I know.
It struck me as strange, too.
Plus she seemed shy, so...
what she was saying
wasn't exactly
in keeping with her
scared-like personality,
but that's what happened.
BERLUTI: Okay.
So, you got in?
MILLS: Yes.
Then she started talking about
it was her 21st birthday
and telling me how she had
lived a sheltered life
and how she hadn't lived,
how she hadn't done
wild things,
and stuff like that.
And the next thing,
she's inviting me back
to her place.
Just like that?
MILLS: Just like that.
It's the truth.
BERLUTI: And you said yes?
Attractive women
don't pull over every day
and invite me home.
So, what happened
after you got to her place?
MILLS: We went inside.
She was very forward,
sexually.
She said it was like some kind
of fantasy of hers.
She wanted to pick up
some guy in her car and...
bring him home
and make love to him,
and I made some crack like,
"Yeah, it's my fantasy, too."
I mean, she didn't even want
to go in her bedroom.
She wanted to make love
right there on the floor,
be wild.
Mr. Mills, this sounds like
a very aggressive woman.
MILLS: I know,
and she had that same
shy demeanor as she had
in this witness chair.
It didn't make sense,
but that's what she said.
She wanted to have sex,
and we did,
and in the middle,
her father comes in
and hits me with a shovel,
and that's what happened.
As God is my witness,
that's what happened.
WEBB: The problem is,
we have another witness,
and he saw you
committing a rape.
MILLS: We were making love,
which she consented to.
WEBB: This woman picks up
a total stranger,
drives him to her home
in Beacon Hill,
and ask him
to make love to her?
Yes.
You wouldn't go
into somebody's house...
uninvited,
would you, Mr. Mills?
Ever been convicted
of a crime, sir?
Ten years ago.
WEBB: Breaking and entering.
That's not who I am today.
WEBB: One assault.
I was a kid back then.
I'm a 30-year-old man now.
I've made a life for myself.
Why didn't you
wear a condom?
I didn't have one.
Neither did she.
WEBB: Gee, that seems odd.
This woman solicits
a total stranger for sex,
and she's not going
to have a condom?
That's a death wish,
isn't it, Mr. Mills?
Yeah, well, maybe
she's got a death wish.
Maybe she has some disease
where she needs to fake it--
Move to strike.
Mr. Mills.
Well, what can I say?
KITTLESON: Mr. Mills,
I'll direct you to answer
the district attorney's
questions.
He asked me
if she had a death wish.
It goes to her disease.
KITTLESON: Mr. Mills,
I sincerely
don't want
to prejudice your case.
Members of the jury,
there is no evidence
before you concerning
the victim having a disease.
You are to disregard such rants
from the defendant.
BERLUTI: Objection.
He's not ranting, Your Honor--
KITTLESON: Mr. Berluti,
we can stop this
proceeding right now
and complicate
everybody's lives.
There are rules of evidence.
We will all play
by those rules.
Mr. Webb?
I'm done, Your Honor.
Very wise decision.
Hey.
Hey.
Did you fire him?
Don't ask me why, but no.
Maybe you like him.
I do not like that man.
It had nothing to do with that.
You fired Jamie?
No.
How you doing, Eugene?
Me?
Fine.
Okay.
(door opens and closes)
(overlapping chatter)
What are you doing here?
I just came in for a drink.
I didn't know you'd be here.
I'm here every night,
and you know it.
You had the discretion
to let that stuff in--
Get lost or I'll hold you
in contempt.
BERLUTI: I'll risk contempt.
That woman cries wolf
with rape.
She set the whole thing up
for her father to walk in on.
Prove it in court, Jimmy.
BERLUTI:
My client is innocent.
You know it.
That's probably why
you're in here getting drunk.
Wrong again.
I get drunk every night.
I know you, Roberta.
I know your heart.
I know your sense of fairness.
This is something you can fix.
Jimmy, you are a lawyer
appearing before me in a trial.
This is ex parte.
After this case is over,
if you wanna sit
next to me, fine.
We can share a drink.
Who knows? I might even
wet your whistle after,
but for now,
get your ass off that stool.
You're a vulgar,
desperate woman.
All the more reason
to remain a good judge, then.
Now, beat it.
WEBB: You heard the victim.
You heard from an eyewitness
who saw the rape in progress.
The defendant says
it was consensual.
Consensual sex
does not look like rape,
ladies and gentlemen.
And consider the logic
of what the defendant
is asking you to believe,
that Jessica Palmer
picked up a strange man,
a felon,
in a terrible section of town,
brought him back to her place
to have unprotected sex,
all the while knowing
her father would either be there
or be there shortly.
That really...
sounds credible,
doesn't it?
And what would be her motive
for making this up?
Because rape trials are fun?
The eyewitness was her father,
who basically admitted
he went into shock
as soon as
he entered the room.
Can we completely trust
his version
of what he thinks he saw?
No.
This case comes down
to Jessica Palmer's word
against Derrick Mills.
Might you be more
inclined to believe her?
Sure. Okay.
But can we know
she's telling the truth
beyond all reasonable doubt?
And you wanna talk
about logic?
My client's prints
were all over the car,
all over the house.
He's got a record.
His prints are on file
with the police.
He's gonna rape somebody
and leave that kind of
evidence behind?
He's gonna leave his semen there
for easy DNA identification?
Does that make sense to you?
Something's going on here,
folks.
The D. A. asks,
"What would be her motive
to lie?"
We can't know.
We have rape shield laws
that prohibit us
from getting into her story,
but let me ask you this,
does it feel like
you've got the whole story?
Does it?
Are you not going to work today?
I am. I just thought I might...
hover a bit this morning.
What are you thinking?
Why does everybody so readily
ask that question today?
It's as common as
"How's the weather?"
It's cheating.
People should be required
to figure it out.
Has a man ever asked you
to disrobe?
I don't mean go to bed.
I mean,
simply asked you to disrobe
from across the room
so he might look at you?
No.
Would you like
to be asked that?
I don't know.
Like I said,
I've never been asked.
Would you like to be asked?
Yes.
Interesting.
If you think I'm asking
only because you want me to,
I assure you,
I'm being genuine.
Would you take off your robe?
(music playing)
How long have they been out?
Almost five hours,
which my guess it's good.
It means they at least got
to be asking questions.
Yeah.
Can I talk to you
for a second?
It was in the file that she had
claimed rape before?
So if you had filed
your questions
with the court
as required,
you probably would've been able
to cross-examine
the victim on it.
You don't need
to tell me, okay?
You and I both know
the idea that every defendant
is entitled
to an adequate defense...
is a lie.
Defense lawyers many times
barely bother
to meet the client
or read the files.
Some even doze during trials.
Lawyers phone it in
all the time,
but for it to happen here,
for a lawyer in this firm
to be as blatantly unprepared,
court-appointed or not--
If we lose,
I'll prepare the inadequate
defense appeal myself.
(phone ringing)
Yeah?
Okay.
Your jury's back.
(music playing)
KITTLESON:
Will the defendant please rise?
Members of the jury,
have you reached a verdict?
We have, Your Honor.
What say you?
Commonwealth
versus Derrick Mills,
on the charge
of forcible rape,
we find the defendant,
Derrick Mills...
guilty.
KITTLESON:
This concludes your service.
The court thanks you.
Security will take
the defendant into custody.
We are adjourned.
(gavel bangs)
(overlapping chatter)
Derrick,
Derrick, look at me.
I will get you out.
Whatever I have to do,
I will get you out.
(sighs)
(music playing)
Where's Jimmy now?
WILSON: He went home.
He's pretty devastated.
Call him. He needs to get
to work on the appeal.
Eugene, I should've
caught this, too.
Yes, you should have,
but you're a third-year
law student.
He's not.
You're not gonna ask me
for my thoughts, are you?
Eugene,
Ellenor said something
about me
being self-destructive.
It was probably
just conversation filler,
I really don't know.
But I assure you,
if I am unwittingly
or unconsciously
trying to take anybody down,
it isn't you
or this law firm.
(glass clinking)
KITTLESON: You're on my stool.
I'm sorry.
Your ruling was correct.
And any--
this was my doing.
I just came to say that.
Now that the case is over,
I was...
wondering if your offer
is still good.
I mean,
to have a drink together.
The case isn't over.
There's still sentencing.
But I suppose
there's nothing wrong
in drinking separately
on adjacent stools,
enjoying the illusion
of company, I guess.
I could use it.
So could I.
(music playing)
(music playing)
WOMAN: You stinker.
(music playing)
on "The Practice"...
Suddenly,
airport security comes
and tells me
I have to get off
because I was too fat to fly.
ASHFORD: The statute
of limitations
for suing us has expired.
I would just tell the client
that we settled,
pay them out
of my own pocket,
and avoid the whole
malpractice thing.
They've agreed
to pay you $10,000.
Tell them no.
FRUTT: This woman thinks
the airline
offered her $10,000?
Just help me.
Tell your client the truth.
There's something
you need to know.
I already know.
And all I can say
is thank you.
Mr. Torrance came
to my house this morning.
STRINGER:
He went to Melissa Kenner
and pretended to be somebody
from the airline
and settled the case.
Well, any chance
I get to break a law.
Why are we having lunch?
SHORE: I think
I enjoy the company
of inquisitive people.
Also, I find you attractive.
I was so sure
after the case
was over that--
SHORE:
That you were expendable?
Just the opposite, Diane.
It's not a Jewish thing.
What is it, then?
STRINGER: A man-woman thing.
I want a break up.
Jamie, you and I,
it's just a thing.
We both know that.
It's no big deal.
(music playing)
What are you doing?
Just looking.
You're just looking?
I leave.
I perhaps should've shared
that prior to getting intimate,
but...
in relationships,
I leave.
Are you leaving now?
Only to go to work.
I don't mean to suggest
any waning interest
on my part.
To the contrary, um,
but in the spirit of honesty--
You leave?
(indistinct chatter)
WILSON: Okay,
you'll be transported
to the courthouse
tomorrow at 8:00 A. M.
The trial is scheduled
for 9:00.
When do I see my lawyer?
Mr. Berluti will be
waiting for you
at the courthouse,
as will I.
You might want to think
about a plea.
Aggravated rape
could be as much as 25 years.
Can I ask you something?
Certainly.
WILLS: How is it that I'm going
on trial tomorrow
facing 25 years,
and I haven't seen
my lawyer in weeks?
He's been working
on the case,
and he's quite prepared.
I assure you,
you're in very capable hands.
(music playing)
YOUNG: What are these?
They're for Jamie,
actually.
Wow, orchids
in November.
Who from?
We don't know.
You ready?
Uh, a little heads up,
the client's slightly
perturbed,
not having seen you.
Okay, let's go.
And Jimmy,
hold on a second.
You haven't seen
your client?
Not since the arraignment.
Tara's been doing
the back and forth with him.
I've been prepping
the case from here.
Hey, you're the one who said,
"Watch our time on the
court-appointed cases." Eugene.
So--
I said, "Draw limits."
I never said,
"Don't bother to meet
with the client."
I'm ready to try the case.
Don't worry.
Come on, Tara.
Nice.
Who from?
This is kind of private.
Somebody Jewish, I hope.
SAMUEL: I arrived home,
I think it was just
after 8:00 P. M.
I was picking up Jessica
to go out to dinner.
It was her 21st birthday.
Jessica is your daughter?
SAMUEL: Yes.
I came into the house,
and I immediately heard noise
coming from somewhere.
What kind of noise, sir?
Well, I really couldn't
identify it at first,
but then I went into
the living room
and, uh, I,
I saw the cause of the noise.
What did you see, sir?
(voice breaking)
I saw my daughter...
being raped.
WEBB: I know this is
difficult, sir,
but can you describe
for the jury
exactly what you saw?
SAMUEL: Jessica
was on her back,
on the floor.
That man over there
was on top of her.
Her pants were pulled down,
his too,
and he was forcing himself
inside of her.
WEBB: Are you sure
this is the man
you saw on top
of your daughter?
SAMUEL: I am positive...
it was him,
it was him.
WEBB: What happened next,
Mr. Palmer?
I picked up a shovel
by the fireplace,
and I knocked him
unconscious.
Then I called 911.
I tied him up
with an electrical cord.
The police came and got him.
WEBB: And could you describe
for the jury
the condition
of your daughter?
She was beyond hysterical.
WEBB: I'm done, Your Honor.
(music playing)
You said, sir,
you heard noises
when you entered.
Did you hear screams?
I said before,
I couldn't identify
the noises.
BERLUTI: When you saw
what you saw,
would it be fair to say
it caused you
feelings of shock?
That would be fair.
BERLUTI: Did you see any weapon
in my client's possession?
No.
Nothing further.
You didn't do nothing!
Look, Derrick, this was
the father of the victim.
You got to walk a careful line.
I'm the victim here,
Mr. Berluti!
Do we not understand that?!
BERLUTI:
In the eyes of the jury,
this man was sympathetic.
It would have been
a mistake for me
to beat him up.
So you did nothing?!
No.
I established that he didn't
hear screams,
which, as the girl's father,
he would've remembered hearing.
I established that he went
into shock
upon seeing the event.
Shock compromises
capacity to observe.
Did you explain to Mr. Mills
that our theory of defense--
MILLS: Why haven't you
explained it to me, huh?!
She's a law student.
Where the hell
have you been?!
We got a problem, Mr. Mills?
'Cause if we do,
I got an easy suggestion.
We can go see the judge,
tell her you want
a different lawyer.
I doubt she'll give you one
middle of the trial,
but, hey, it's worth a shot.
You like to take your shots
where you find them,
huh, Derrick?
WILSON: All right.
This isn't helping.
He seems like
a nice guy.
He's angry.
Yeah, I picked up on that.
Jimmy...
if I could play
the role of a naive
law student for a second,
there's no chance
that he could be innocent,
is there?
What are you talking about?
You're the one who's been
saying he's guilty.
WILSON: I know.
I'm sure that he is.
It's just that
he's so indignant.
Lesson number one, Tara,
the guiltier they come,
the more indignant they get
about being arrested.
Right.
(sighs) Good.
Is there a problem?
No.
Excellent.
So, you are here to--
Alan, I don't like
"I'm leaving"
to be the first words
out of a man's mouth
in the morning,
especially after
I've slept with him
the night before.
Could we perhaps
discuss this later?
Oh, I'm not here
for confrontation, Alan,
only some clarity.
Will we be seeing
each other again?
Would tonight
be soon enough?
Yes.
Fine, then.
The man Roland Huff shot,
wasn't that his sister?
I believe it was, yes.
You slept with her?
I did, actually.
Thank you for asking.
Alan.
Do you mind?
Sorry, I, uh, uh--
Thought they were
firm flowers?
Well, since they were out
in the open--
I left them on my desk.
Okay.
Sorry.
You settled
Melissa Kenner's case
for $25,000?
Uh, oh, yeah.
She was very pleased,
hence the flowers.
Well, how come
you never told me
about the settlement?
I mean, that's a pretty
good result.
Well, I don't know.
I don't talk about
all my cases, Eugene.
Where's the money?
Sorry?
YOUNG: Our contingency.
There are no funds
in the client's account,
so when's the money coming in?
Soon.
Very soon.
(music playing)
What's this?
The contingency
on Melissa Kenner.
I can't make deposits
since I'm an associate,
so I'm giving it to you
as a partner.
FRUTT: I'm confused.
We deduct contingencies,
and then we pay the client.
Why is this check--
JAMIE: I forgot.
The client
got the whole thing.
She cut a money order for us.
You forgot?
You just gave the client
the whole thing?
Look, we got the money.
Can you just make
the deposit?
Hello!
Melissa!
We were just talking about you.
KENNER: I brought
a little surprise.
Did you get my flowers?
I did.
Thank you so much.
MELISSA:
Well, I just thought--
Mr. Torrance.
What are you doing here?
Oh, well, I work here.
KENNER: You work here?
I don't understand.
STRINGER: Melissa.
You work for the airline?
The airline?
SHORE: It's just
in-house counsel
for a big airline.
It just wasn't my calling.
And I was so overwhelmed
by Jamie's dedication to you,
it so warmed
the cockles of my heart,
I was inspired to shift
career direction.
Thank you, Melissa,
for both the new life
and the warm cockles.
JESSICA: I was trying
to find my way back
to Storro Drive,
and I pulled over
to ask for directions.
And suddenly,
he just jumped in.
Who jumped in?
Him.
He told me he had a knife,
and he told me to drive.
Did you see the knife?
No.
WEBB: Okay.
Then after he told you to drive,
then what happened, Jessica?
He reached inside my purse,
pulled out my wallet
and my license.
He saw the Beacon Hill
address.
He said he wanted some nice
Beacon Hill things.
And he said
if we didn't go there,
that he'd kill me.
WEBB: So you drove
to your home?
JESSICA: Yes.
He just wanted some stuff
to sell to get drugs,
so I took him in.
He looked around,
and then...
then he said first
he wanted some...
recreation.
And that was the word he used
"Recreation."
Then he grabbed me.
I tried to scream, but he--
Take your time.
He pushed me to the floor
and...
he pulled off my jeans.
I was just...
I was saying to myself,
"Dear God...
please, just let me pass out."
WEBB: Did you pass out?
And then,
he was inside me.
He was inside me.
WEBB: Jessica,
at any time...
did you consent to having sex
with the defendant?
No.
God, no.
WEBB: Thank you, Jessica.
Jessica,
an allegation of rape,
that's a very serious thing.
When you accuse a man
of rape,
he could lose his freedom.
Does counsel
have a question?
Did you willingly have sex
with my client
only to claim rape
after your dad walked in?
JESSICA: No.
He forced me.
BERLUTI: I see.
And have you ever claimed
somebody raped you before
after having--
Objection!
Sustained.
Cut it out, counsel.
BERLUTI: Isn't it true
you invited my client
back to your house?
No.
It is not true.
And I did not extend
an invitation to be raped.
Nothing further.
That went well.
Jimmy, it might be
my imagination,
but when you asked
if she had ever claimed
rape before...
What?
Well, it just seemed
that the district attorney
was ready for the question.
He pounced to shut it down.
What are you saying?
You might have stumbled
onto something.
I wasn't in on it.
He just did it.
He pretended to be
a representative
of the airline?
Yes.
First, why didn't you
stop him?
And second, why didn't you
tell me or Eugene?
I didn't know he was going
to do it, Ellenor.
And I didn't tell you
to protect both him and you.
Jamie, you are a second-year
associate.
It is not your call
whether to tell or not
on something like this!
The guy went to bat for me.
How--
FRUTT: I don't care.
You report to a superior,
either me or Eugene,
no exceptions.
Alan...
could you come
into my office, please?
Have I been bad?
WILSON: Oh God, Jimmy.
Here it is.
What?
Page 32.
"Victim's father reports
two previous unconfirmed
claims of rape.
Investigated.
Unsubstantiated.
Unsubstantiated.
No arrests made.
How could we have missed this?
It's practically
a scribbled footnote.
Look, it notes even
the father doubted
the validity
of the prior claims.
She tells her father
she was raped, twice.
The claims are dismissed.
So she sets it up
for him to walk in on her,
so he'd have to believe her.
(music playing)
You got fired
from your last firm
for embezzling.
Allegedly.
You threatened extortion
your first week here.
That was an accident.
Break privilege,
for which you almost
got disbarred.
Horseshoes.
Sleep with witnesses.
Just the one.
And now I find out
you actually impersonated
an opposing party
so you could settle a case.
That's not just fraud,
that's probably criminal.
Alan, look at me.
You are seriously
self-destructive.
Isn't everybody?
Look, I adore you,
you know that
but this firm is my life.
I have to tell Eugene.
May I ask why?
FRUTT: He's a fellow partner.
I have a fiduciary
responsibility to him.
And you are exposing him
to enormous liability,
as you are Jimmy and me.
Alan, you are
an amazing lawyer
but I don't think
it's gonna work out here.
Are you firing me?
I'm gonna talk to Eugene,
but...
I...
But you don't think
it's gonna work out here?
The difficult thing
about firing him--
Aside from him
being your friend.
Is that, once again,
he fell on the sword
for somebody else,
this time for the firm,
as well as for Jamie.
And he did save us
from a malpractice judgment.
And possibly exposed us
to something much worse.
Eugene...
since I am his friend,
I'm gonna have to let you
make the call here.
In the spirit of objectivity,
I just can't bring
myself to do it.
Okay.
Ellenor...
in the spirit of objectivity,
you're gonna have to deal
with Jamie.
She's complicit, too.
KITTLESON:
All right, Mr. Berluti,
you may begin
your defense.
Thank you, Your Honor.
The defense recalls
Jessica Palmer.
I'm sorry, Your Honor,
but if this involves
a continuation of cross--
This is something new.
WEBB: Well, I'd appreciate
a proffer.
Counsel, step up.
What is going on?
Evidence has come to light
that Ms. Palmer has made
claims of rape before,
and I'd like--
This is rape shield.
You can't get into this.
I can't get into it?
None of us will get
into it here.
Chambers.
Her sexual past
is off-limits.
Any questions
relating to her--
This goes to her credibility,
not her sexual past.
This woman alleged rape
how many times?
BERLUTI: Two,
both times to her father,
who was dubious himself--
You can't say this.
I can't say it?
If she goes around
claiming rape--
WEBB: First of all,
you can't prove these claims
were false,
and even if you could,
it still falls
within rape shield.
False rape accusations
by the victim
are not admissible
unless a four-prong test
is satisfied,
one prong being...
the victim is the only
prosecution witness,
which here she isn't.
We have an eyewitness
to the rape.
Her father.
It doesn't matter.
I'm not looking to impugn
the woman's sexual past.
This is only being
introduced to impeach--
KITTLESON: I understand,
but there's no
impeachment exception,
and even if there were,
you have a slew
of problems, counsel.
First, Mr. Webb
states the law correctly.
Your Honor--
KITTLESON: And second,
victim's testimony...
has to be confused
or inconsistent.
Hers wasn't.
Let me question her.
KITTLESON: And third,
you have to file all questions
regarding her sexual past
before trial.
You didn't.
Because I didn't know.
And whose fault is that?
It was in the file.
Did you read it?
They buried it
deep in the file,
barely a footnote.
They didn't want us
to find it.
But it was there.
Your Honor, come on.
This woman has perhaps
falsely claimed rape before.
How could it be possible
that the jury
doesn't get to hear this?
You can write
your congressman
if you don't like
the law, counsel.
In here,
we simply follow it.
Any and all evidence
of prior rape accusations
will not be introduced.
You can't even raise it?
No.
How could this possibly be?
There are specific laws.
Don't I have the right
to confront my accuser?
Unfortunately,
not in rape cases.
Look, I know this is unfair.
I don't know what to say.
So what happens next?
We put you up,
you tell your story.
WILSON: Derrick,
as entitled as you are
to your anger,
you can't let it
overtake you in there.
This is important.
Anger is consistent
with a rapist.
You need
to keep it together.
I'm not firing you.
But if this were a big firm
or perhaps any firm
other than this one,
you would be fired.
You do know that?
What's happening to Alan?
It's Eugene's decision, so...
he's likely gone.
Did you hear
what I just said?
SHORE: I did.
Well...
do you have a response?
I'm sure I do.
But I'm distracted
at the moment.
Could I get back to you?
I have given you
an opportunity.
Perhaps your last opportunity
to account for yourself.
You need to tell me
your thinking now.
SHORE: Eugene, trust me,
if I shared my thoughts
with you,
you'd regard them
as disrespectful
rather than a product
of my preoccupation,
which I assure you, is...
all it is.
Talk.
Okay.
I went to bed with a...
lovely woman
the other night.
She had an extremely
fetching body,
which...
believe it or not,
I wasn't aware of
prior to the lovemaking.
The reason for that is,
she dresses
to desexualize herself,
and that led me to believe
there's perhaps some...
dark back story
I'm not privy to.
I do know she seem sad,
and then it got me
to thinking
most of my relationships
have been with sad women
and I was wondering why.
What does that say about me?
In the end,
it always comes back to me.
Comments?
She picked you up?
Yes.
I was on my way home
from work.
BERLUTI: What do you do, sir?
MILLS: I'm a foreman
at a furniture warehouse.
I was on my way home,
walking down Tremont, and...
she pulled over
to ask me for directions.
BERLUTI: Jessica Palmer?
MILLS: Yes.
And then she
started talking me up.
Then she asked me
if I wanted to climb in
and go for a drive.
She invited you into her car?
MILLS: I know.
It struck me as strange, too.
Plus she seemed shy, so...
what she was saying
wasn't exactly
in keeping with her
scared-like personality,
but that's what happened.
BERLUTI: Okay.
So, you got in?
MILLS: Yes.
Then she started talking about
it was her 21st birthday
and telling me how she had
lived a sheltered life
and how she hadn't lived,
how she hadn't done
wild things,
and stuff like that.
And the next thing,
she's inviting me back
to her place.
Just like that?
MILLS: Just like that.
It's the truth.
BERLUTI: And you said yes?
Attractive women
don't pull over every day
and invite me home.
So, what happened
after you got to her place?
MILLS: We went inside.
She was very forward,
sexually.
She said it was like some kind
of fantasy of hers.
She wanted to pick up
some guy in her car and...
bring him home
and make love to him,
and I made some crack like,
"Yeah, it's my fantasy, too."
I mean, she didn't even want
to go in her bedroom.
She wanted to make love
right there on the floor,
be wild.
Mr. Mills, this sounds like
a very aggressive woman.
MILLS: I know,
and she had that same
shy demeanor as she had
in this witness chair.
It didn't make sense,
but that's what she said.
She wanted to have sex,
and we did,
and in the middle,
her father comes in
and hits me with a shovel,
and that's what happened.
As God is my witness,
that's what happened.
WEBB: The problem is,
we have another witness,
and he saw you
committing a rape.
MILLS: We were making love,
which she consented to.
WEBB: This woman picks up
a total stranger,
drives him to her home
in Beacon Hill,
and ask him
to make love to her?
Yes.
You wouldn't go
into somebody's house...
uninvited,
would you, Mr. Mills?
Ever been convicted
of a crime, sir?
Ten years ago.
WEBB: Breaking and entering.
That's not who I am today.
WEBB: One assault.
I was a kid back then.
I'm a 30-year-old man now.
I've made a life for myself.
Why didn't you
wear a condom?
I didn't have one.
Neither did she.
WEBB: Gee, that seems odd.
This woman solicits
a total stranger for sex,
and she's not going
to have a condom?
That's a death wish,
isn't it, Mr. Mills?
Yeah, well, maybe
she's got a death wish.
Maybe she has some disease
where she needs to fake it--
Move to strike.
Mr. Mills.
Well, what can I say?
KITTLESON: Mr. Mills,
I'll direct you to answer
the district attorney's
questions.
He asked me
if she had a death wish.
It goes to her disease.
KITTLESON: Mr. Mills,
I sincerely
don't want
to prejudice your case.
Members of the jury,
there is no evidence
before you concerning
the victim having a disease.
You are to disregard such rants
from the defendant.
BERLUTI: Objection.
He's not ranting, Your Honor--
KITTLESON: Mr. Berluti,
we can stop this
proceeding right now
and complicate
everybody's lives.
There are rules of evidence.
We will all play
by those rules.
Mr. Webb?
I'm done, Your Honor.
Very wise decision.
Hey.
Hey.
Did you fire him?
Don't ask me why, but no.
Maybe you like him.
I do not like that man.
It had nothing to do with that.
You fired Jamie?
No.
How you doing, Eugene?
Me?
Fine.
Okay.
(door opens and closes)
(overlapping chatter)
What are you doing here?
I just came in for a drink.
I didn't know you'd be here.
I'm here every night,
and you know it.
You had the discretion
to let that stuff in--
Get lost or I'll hold you
in contempt.
BERLUTI: I'll risk contempt.
That woman cries wolf
with rape.
She set the whole thing up
for her father to walk in on.
Prove it in court, Jimmy.
BERLUTI:
My client is innocent.
You know it.
That's probably why
you're in here getting drunk.
Wrong again.
I get drunk every night.
I know you, Roberta.
I know your heart.
I know your sense of fairness.
This is something you can fix.
Jimmy, you are a lawyer
appearing before me in a trial.
This is ex parte.
After this case is over,
if you wanna sit
next to me, fine.
We can share a drink.
Who knows? I might even
wet your whistle after,
but for now,
get your ass off that stool.
You're a vulgar,
desperate woman.
All the more reason
to remain a good judge, then.
Now, beat it.
WEBB: You heard the victim.
You heard from an eyewitness
who saw the rape in progress.
The defendant says
it was consensual.
Consensual sex
does not look like rape,
ladies and gentlemen.
And consider the logic
of what the defendant
is asking you to believe,
that Jessica Palmer
picked up a strange man,
a felon,
in a terrible section of town,
brought him back to her place
to have unprotected sex,
all the while knowing
her father would either be there
or be there shortly.
That really...
sounds credible,
doesn't it?
And what would be her motive
for making this up?
Because rape trials are fun?
The eyewitness was her father,
who basically admitted
he went into shock
as soon as
he entered the room.
Can we completely trust
his version
of what he thinks he saw?
No.
This case comes down
to Jessica Palmer's word
against Derrick Mills.
Might you be more
inclined to believe her?
Sure. Okay.
But can we know
she's telling the truth
beyond all reasonable doubt?
And you wanna talk
about logic?
My client's prints
were all over the car,
all over the house.
He's got a record.
His prints are on file
with the police.
He's gonna rape somebody
and leave that kind of
evidence behind?
He's gonna leave his semen there
for easy DNA identification?
Does that make sense to you?
Something's going on here,
folks.
The D. A. asks,
"What would be her motive
to lie?"
We can't know.
We have rape shield laws
that prohibit us
from getting into her story,
but let me ask you this,
does it feel like
you've got the whole story?
Does it?
Are you not going to work today?
I am. I just thought I might...
hover a bit this morning.
What are you thinking?
Why does everybody so readily
ask that question today?
It's as common as
"How's the weather?"
It's cheating.
People should be required
to figure it out.
Has a man ever asked you
to disrobe?
I don't mean go to bed.
I mean,
simply asked you to disrobe
from across the room
so he might look at you?
No.
Would you like
to be asked that?
I don't know.
Like I said,
I've never been asked.
Would you like to be asked?
Yes.
Interesting.
If you think I'm asking
only because you want me to,
I assure you,
I'm being genuine.
Would you take off your robe?
(music playing)
How long have they been out?
Almost five hours,
which my guess it's good.
It means they at least got
to be asking questions.
Yeah.
Can I talk to you
for a second?
It was in the file that she had
claimed rape before?
So if you had filed
your questions
with the court
as required,
you probably would've been able
to cross-examine
the victim on it.
You don't need
to tell me, okay?
You and I both know
the idea that every defendant
is entitled
to an adequate defense...
is a lie.
Defense lawyers many times
barely bother
to meet the client
or read the files.
Some even doze during trials.
Lawyers phone it in
all the time,
but for it to happen here,
for a lawyer in this firm
to be as blatantly unprepared,
court-appointed or not--
If we lose,
I'll prepare the inadequate
defense appeal myself.
(phone ringing)
Yeah?
Okay.
Your jury's back.
(music playing)
KITTLESON:
Will the defendant please rise?
Members of the jury,
have you reached a verdict?
We have, Your Honor.
What say you?
Commonwealth
versus Derrick Mills,
on the charge
of forcible rape,
we find the defendant,
Derrick Mills...
guilty.
KITTLESON:
This concludes your service.
The court thanks you.
Security will take
the defendant into custody.
We are adjourned.
(gavel bangs)
(overlapping chatter)
Derrick,
Derrick, look at me.
I will get you out.
Whatever I have to do,
I will get you out.
(sighs)
(music playing)
Where's Jimmy now?
WILSON: He went home.
He's pretty devastated.
Call him. He needs to get
to work on the appeal.
Eugene, I should've
caught this, too.
Yes, you should have,
but you're a third-year
law student.
He's not.
You're not gonna ask me
for my thoughts, are you?
Eugene,
Ellenor said something
about me
being self-destructive.
It was probably
just conversation filler,
I really don't know.
But I assure you,
if I am unwittingly
or unconsciously
trying to take anybody down,
it isn't you
or this law firm.
(glass clinking)
KITTLESON: You're on my stool.
I'm sorry.
Your ruling was correct.
And any--
this was my doing.
I just came to say that.
Now that the case is over,
I was...
wondering if your offer
is still good.
I mean,
to have a drink together.
The case isn't over.
There's still sentencing.
But I suppose
there's nothing wrong
in drinking separately
on adjacent stools,
enjoying the illusion
of company, I guess.
I could use it.
So could I.
(music playing)
(music playing)
WOMAN: You stinker.
(music playing)