"Summary Judgements" - summary by Christie

Written By: David E. Kelley

We open with Bobby being let into a cell black, walking past several cells and finally being let into a cell where a very nervous, grey haired man stand, weakly smiling. The shake hands. The guard closes the cell door behind Bobby and leaves. Bobby tells the man - Scott - that he has one more pre-trail motion left to try and get the video suppressed. He tries to tell him that if he's unsuccessful.... The man interrupts him saying no, no, no, he isn't taking manslaughter! He yells at Bobby to not ask him that again. He's close to hysterical, clearly on the edge. He finally composes himself and apologizes to Bobby, saying that this is all getting to him. Bobby says ok, and asks him if he understands the risks. Scott says he does. Bobby tells him that in the morning they will argue the motion, the trial will start after lunch and that Eugene will be with him. 

Scott says ok and sits down on his bed. He tells Bobby he keeps having this dream where everyone comes to their senses, that Karen is even in it, that she's not dead. Bobby stands there listening to him, appearing to fiddle with his wedding ring. He tells Scott that they have a solid shot if they can shut down this video tape. Scott looks at him and then pulls something out of his pocket. He shows it to Bobby saying Fiji - that's where he's going when he walks out of the courthouse. Bobby takes the clipping and looks at it then sits down beside Scott. Scott continues saying he'll go right to a travel agent and in 10 days will be sitting on that beach. Bobby looks concerned. He tells Scott to look at him and then firmly tells him if that video tape is admitted he believes he will be convicted, probably of 2nd degree murder and that carries a life sentence. Scott looks at
him, looking very fearful. Bobby tells him he will not be going to Fiji and asks him if he gets that. Scott looks at him as if he does, but wants desperately to deny it.

Opening credits, complete with new pictures of Bobby, Rebecca, Eugene, Lucy and Lindsay and a new one of them all walking down the hall at the end, and the addition of Richard Bey.

Commercials.

We next see Ellenor standing alone in someone's yard in front of a dilapidated swing set that is behind a chain link fence. She is just staring at it. Lindsay comes around the corner and joins her, telling he they're inside. Ellenor says, with a sigh, ok. Still looking at the swing set Ellenor says to Lindsay that this thing was designed to bring kids joy and its toxic. Lindsay tells her to come on and starts to
leave. Ellenor follows.

We're next in a living room. Lindsay and Ellenor sit opposite a couple on a couch. Ellenor is telling them that the fact that they called for the meeting, that they're coming to them is a very good sign. The woman asks how much. Ellenor says she has no idea. The man says, angrily, that nothing is good enough for what they did to their kids. Ellenor says of course not, but they have to remember that id they go to trial they will want their son to take the stand to talk about his seizures, that they'll need their daughter to talk about her motor problems and that their youngest son may have to discuss his learning disabilities and the humiliation that he suffered. 

Then man says that they've talked to them and that they're ready. Lindsay says that the number that she and Ellenor have discussed that they think is reasonable is 160 per child. The man says that that seems low. Ellenor says that of course nothing can make up for their children's injuries, but that the present day value for that is about 240 if you figure in an appeal, and given their problems in proving liability, that would be an excellent settlement. Lindsay says that they aren't sure they can get that, but that's their number. The couple look at each other and the man, almost grudgingly, nods his head.

At the courthouse, a video tape is playing. At the bottom of the screen there is a date - September 7, 1999. Bobby and Helen are standing before the monitor, watching it. In the tape, Scott is sitting at a table across from Helen and a cop. He is saying with disbelief - "What you think that I killed her?" Helen (in the tape) is saying that she really doesn't think he did it intentionally. Scott (in the tape) asks what is she saying then? The cop (in the tape) tells him that things will go much better for him if he cooperates. Scott looks very upset and confused (in the tape). Helen (in the tape) says that they think he and his wife had an argument, that he hit her maybe by accident, that she was unconscious and he was afraid how it might look so he put her in the car to make it look like suicide. 

She says (in the tape) that's what happened, isn't it? Scott (in the tape) starts to break down, crying. Bobby shuts the tape off. He turns to the judge and says that his client was in shock at the time of the interrogation, that he had just found his wife dead just an hour before this. Helen says that first off he as read his rights. Bobby says this isn't about that, that his client was suffering severe traumatic distress, that he wasn't fully processing all the stuff being thrown at him here, and that tape makes it look as if he was acquiescing to something when he wasn't, that he was just under shock. 

The judge tells him he can certainly argue that. Bobby says that if the jury sees that tape it will be so prejudicial. Helen says he had the presence of mind to give them a nice, coherent exculpatory version of the events. Bobby turns to her and says he gave her the truth. The judge says all right. The judge says he will allow the tape for impeachment purposes only. Bobby argues that that will effectively prevent his client from testifying. The judge says it does no such thing, that it only means that if he testifies he does knowing there is some risk.... Bobby interrupts him, saying that he objects to this. The judge says that his objection is noted but the ruling is final. He bangs his gavel to adjourn the court. 

Helen turns to Bobby and tells him that the offer is still good. He says no thanks. Bobby walks back to his table where Eugene and Scott sit. They stand as Bobby approaches. Bobby tells Scott if he takes the stand the tape comes in and he doesn't know how they win this without his getting in that chair. Scott insists he can explain that tape, that it was like he said, he was in shock, and he can convince a jury of that. Bobby says he's going to recommend manslaughter one last time. Scott says no. Bobby sighs a deep sigh and says he has one other idea.

Cut the hallway outside the courtroom. Bobby has made a proposal to Helen. Helen says "A polygraph?" Bobby says he's willing to box him. He says if they both stipulate as to admissibility the judge will allow them to introduce the results. Richard is standing by Helen's side, Eugene behind Bobby. Helen says, with sarcasm in her voice "Bobby, do I have the word 'dope' stamped across my forehead, or is it that you just know me?" She continues to say that obviously if he's come to her asking her to give his client a lie detector, then he's already taken one and he's passed. Bobby says they've given him 5 with 4 different technicians and he's passed every one. Helen says, almost disbelieving, he's taken 5? 

Bobby says and passed every one. Helen says if she agrees to this would he be willing to stipulate to admissibility. Bobby says right now. Helen looks intrigued. She looks at Richard. She's clearly tempted. Bobby says to her that this man is innocent. He then walks Helen aside and says to her that he's never done this before. She says done what? He says traded on their personal relationship. He says "Helen, we know each other. I have never asked for a favor on the basis of our friendship. I'm doing it here and I've earned it one time, Helen. I've earned it." He goes on to say to her that if she trusts the accuracy of lie detectors she should give him one and if he passes she should kick it. She just stares at him. She is definitely considering it.

Cut to the office of her boss. Richard and she are sitting across the desk from her. Helen has apparently explained the situation and Bobby's request to her. She leans across her desk and says to Helen "You want to run that one by me again?" Helen explains to her that their case is circumstantial and that apparently he has passed a polygraph over and over and his lawyer is willing to box him with their own polygraph. Her boss reminds her that the trial begins in 2 hours. Helen says she realizes that. 

Her boss says what does she want to do, put out a statement saying oops? Helen tells her if this man did not commit the crime she's not going to secure a conviction simply to avoid a public relations nightmare. Her boss says she saw the tape of that interrogation. Helen says maybe he was disoriented like he said. Her boss says they have motive, the forensics, the whack on the head, they were heard fighting, no one described the woman as being even remotely suicidal. She says the man did it and she doesn't care if he passed 50 polygraphs. Helen says she's not so sure. Her boss says let her make it easy for her - "You're prosecuting this case." Helen sighs. Richard just sits there.

Back in the conference room at Donnell, Young, Dole and Frutt we find Lindsay and Ellenor across the table from 2 lawyers. One of the lawyers is saying that it probably goes without saying but he''ll say it anyway, but this offer made by the Environmental Protection Agency in no way admits liability. Ellenor and Lindsay are nodding their heads. Ellenor says they realize that and then leans forward and asks what the number is. The one lawyer says $20,000. Lindsay looks shocked and repeats 20,000. The lawyer says a piece, that times 3 its 60,000. The other lawyer says that's more than this case is worth and they're only offering it to avoid the publicity that this case might generate. Lindsay looks at him both in disbelief and in disgust. Ellenor says they have kids here with severe learning disabilities, motor skills.. The first lawyer interrupts saying that even if that thing is toxic the government didn't manufacture it. 

Ellenor says yes, that's been their argument but they lost the 12-B-6, they lost the federal torts claim act.... The 2nd lawyer interrupts her , saying he doubts they'll lose summary judgment. Ellenor turns to him with venom in her voice and says they represented on the phone Monday and again this morning that a serious offer was coming in. The second lawyer says that the figure represents the maximum amount authorized by the agency. Lindsay interrupts and asks then why are they talking. The first lawyer, with a note of sarcasm in his voice, says because they have faith that logic eventually seeps into even the hardest of craniums. 

Ellenor yells at him to get out. He goes on to say that she is required to present this offer to her clients, that no matter how much her firm may end up out of pocket that ethically she is obligated to present the offer to the plaintiffs. Ellenor stands up and very sarcastic thanks him. She tells him that their clients are low income parents whose children have lifelong handicaps due in part to the agency he represents. She tells him that he has the indecency to come in here and tell them that their injuries are only worth $20,000 and to add to that insult he's lecturing her on ethics? She's getting angry. She then says to them to get the hell out of here before she throws them out and goes to the door and opens it. Lindsay glares at them. They pack up their papers and get up to leave, but as the first lawyer reaches the door, and Ellenor, he looks at her and tells her she's tilting at the wrong windmill this time. She says to him "You haven't seen us tilt yet." They leave. Lindsay stands, arms folded glaring after them. Ellenor sighs and looks down, disappointed and angry.

Back at the office a dejected looking Ellenor sits staring out the window. Lindsay comes over to her and asks her how she is doing. Ellenor says she just went into the bathroom and threw up. Lindsay looks at the floor and then tells her they have to tell the clients, that they should go there again. Jimmy walks over and says to Ellenor that she can't beat herself up, that its a miracle she got it this far. Ellenor just says softly $20,000 - what a miracle. Lindsay says they should go. Ellenor just sits there staring out the window. 

Back in the courtroom, Scott's trial has begun. Helen has a police detective on the stand. He's saying that when they arrived they found the defendant in the driveway and he seemed very despondent, that they found the victim in the garage face down on the floor beside the vehicle, bleeding slightly from the back of the head, that there was a garden hose taped to the exhaust pipe leading the the rear passenger side window and that it appeared to be a suicide by carbon monoxide poisoning. Helen asks him if they found prints on the hose. He says yes and they matched both the victim and the defendant. Bobby then questions him asking him if he his client could have been in shock, not just despondent. The detective says possibly. He then asks him if his client told him that he pulled the hose out of the car. The detective says yes he did. Bobby asks if he said that he pulled his wife from the vehicle. The detective says yes.

Richard is now questioning a neighbor who is testifying that he was walking his dog past the house about 9:30 and he heard the defendant screaming at his wife from the inside the house. Richard asks if he is sure it was Scott Wallace. The witness says yes, he's his neighbor and he knows his voice and he was about 20 feet from his door. He says he and Jill were yelling at each other. Richard asks him if he knows what it was about. The witness says no but he found out later she planning to leave him. Bobby objects, the judge sustains the objection. Richard then asks him if he was sure it was around 9:30. 

The witness says yes, that's the time he walks his dog every night. Richard then asks him if he had heard the defendant screaming before. He says yes, many times, that he and his wife were always fighting and once they had even called the police. Eugene is next, asking him if he called the police that night. The witness says no. Eugene then asks him if he heard any signs of violence. He again says no. Eugene ask if if he heard anything that caused him any alarm, if he felt any need to intervene. The witness says no.

The pathologist is next. Helen is questioning him. He is saying that there were shed skin cells on the victim's head and neck and that DNA analysis revealed an exact genetic match to the defendant. He says they also found a skin sample under the defendant's fingernail that was an exact genetic match to the victim. Bobby is up next saying that if his client was trying to resuscitate his wife shed skin cells could have gotten on the victim's head and neck and asks if that's possible. The pathologist says yes. Bobby continues saying that in trying to save her isn't it possible that a piece of her skin could have gotten under his fingernail. The pathologist says that's less likely. Bobby says he's asking him if its possible. The pathologist says of course. Bobby then says that all this DNA evidence could have come as a direct result of his client trying to save his wife and asks if that's possible. The pathologist says that's not what he thinks happened. Bobby but its possible. The pathologist says yes, it is.

Back at their client's home, Ellenor and Lindsay are breaking the bad news to their clients. The wife says she can't believe it. Ellenor tells her they were just as shocked and disappointed as they are. The wife says she thought they had said it would be a substantial offer, didn't they tell them that. Ellenor says yes they intimated that, yes. Lindsay says their suspicion is they did that to lull them a little, thinking if we were thinking settlement we wouldn't prepare that hard for their motion. The husband asks if they were right. Lindsay says absolutely not, they're very ready. The wife sits their shaking her head and says after what they did to their children... 

Lindsay says the hearing is tomorrow and if they win she thinks their numbers will come up. The husband then says that he has to be honest and say that he's very disappointed in the 2 of them. He says that they had a few people tell them that they shouldn't hire them, that they didn't have the resources, but they liked them, but right now he feels deceived, that they promised things to get the case, things that they obviously can't deliver. Ellenor looks shaken. Lindsay looks a bit mad. She asks if she can respond to that and without waiting for an answer she says that when they started they thought they would be suing the manufacturer of that play gym, that that was a much stronger case. She goes on to say that when they discovered that both that company and the chemical company that made the paint were out of business their case was basically over until Ellenor came up with the idea to sue the EPA. 

She continues saying Ellenor beat them in the motion to dismiss, that she got through the administration level earning the right to keep going. She says she's sure there are other firms out there who could have gotten it this far but the reality is they wouldn't have tried, that most lawyers would have dropped this case as soon as they found out that the manufacturer was non-existent. She says that Ellenor, and her with her, kept going out of commitment to them. She says maybe they failed, but she takes exception to the suggestion that it was a mistake to hire them. The wife says that they are just disappointed, that's all. Lindsay says they all are, to let them just do their best at summary judgment and hopefully survive it to get this to a jury.

Back at the courthouse, Helen has another witness on the stand who is saying that the cause of death was carbon monoxide poisoning. She asks him about the cut on the back of her head. He says that was caused by being struck by a blunt object. Bobby now questions him asking if the cut could have been caused by her hitting her head on the concrete floor. The witness says a fracture like that couldn't have been caused by someone simply falling down. Bobby offers the scenario of his client finding his wife in the car, he grabs her and pulls her out and as he was pulling her out her head came crashing down onto the floor. Helen objects, the judge overrules the objection. Bobby continues repeating the scenario and asking if that could have caused the fracture. The witness says its a possibility.

Helen then calls her next witness, Kyle Barrett. The judge says this seems like a good time to call it a day and that they'll begin with Mr. Barrett in the morning. Helen leans over to Richard and tells him to get Mr. Barrett to her office now. In Helen's office, Kyle Barrett is being told the state of affairs and can't believe that Scott might walk. Helen says that she's not saying that but... Mr. Barrett says but what, he killed his sister and now? She says that as they explained from the beginning that their case was hugely circumstantial and that they had hoped to be able to introduce the tape of the interrogation which they can't unless the defense thinks they're losing, which right now she's sure they aren't think that. She tells him that the only witness they have left who can put them in the necessary hole is him. 

Richard pipes up saying this means that when they ask him if his sister seemed suicidal a response of I didn't think so isn't going to do it. He continues saying that to the extent of anything that his sister told him, that's hearsay but under the law one of the ways around the hearsay rule is the exception called the state of mind. Helen tries to cut him off. He goes on anyway telling Mr. Barrett that for instance if he wanted o say she was going to start a new life... Helen again tries to cut him off. This time he shuts up. She tells Mr. Barrett that they certainly don't want to put words in his mouth nor would it be permissible for them to do so - she glances at Richard - but he needs to realize that unless he does damage then Scott Wallace probably won't testify in which case he could in fact go free. 

Richard sits down next to Mr. Barrett and says to him that he knew his sister, is she was planning to start a new life, if she was in a positive place, there was no way she would ever take her own life, not in any circumstance, certainly not in this situation where she was looking forward to starting over. Mr. Barrett is listening intently, nodding his head. Richard continues saying that she was murdered and if he knows it, she did not commit suicide, that if he absolutely knows it. Helen is looking very uncomfortable. Mr. Barrett says he's got it. Helen tells him they'll see him in there and he leaves. As soon as the door shuts, Helen starts to scold Richard, saying that first he told him how to beat the hearsay rule and then he practically supplies his testimony. Richard says he's just preparing their witness, he explains the law, tells him what's relevant and what to emphasize, that he does it and she does it and beside she said it herself, that this witness is all they have to get Scott Wallace in that chair -"Be glad I coached him."

Commercial.

Back in a room at the courthouse, Bobby is trying to convince Scoot that he shouldn't testify. He says that they back doored his story that the video could do a lot of damage and therefore he shouldn't testify unless he absolutely has to. Scott says he's a credible witness and can explain the tape and that juries can make inferences when a defendant doesn't testify. Bobby tells him its a bad idea - "trust me". In the hall of another courthouse, Ellenor and Lindsay's clients come out of an elevator with their children. They're greeted by Ellenor and Lindsay. The EPA lawyers come up and ask to speak to Ellenor. 

They walk away from the rest and then offer her $32,500. Ellenor summarily rejects it and tells them she doesn't need to present that to their clients and if the intent of such an insultingly low offer was to inflame her before trial, its not going to work. The younger of the 2 EPA lawyers sarcastically tells her she seems like a model of restraint. She tells in that she has a thing about smug, that she doesn't like smug. He starts at her, telling her he knows how you people work, that they hustle in clients.... The other lawyer tries to stop him from going on but he's unsuccessful. He tells Ellenor that the courts are clogged with bottom feeders like her who sue without even bothering to consult the law. 

She tells him the consulted the law, trust her. He says she shouldn't think that after they are done here they won't go after them for abuse of process. The other EPA lawyer tells him let's not let tempers prevail here. Just then a wary Lindsay walks up. The older EPA lawyer pulls the younger one away. After they leave, Lindsay tells Ellenor that things just got worse, that the original judge got appendicitis and the case just got transferred to Judge Aldridge. This does not make Ellenor happy. She says he'll kick it before it even gets through the door. Lindsay says let's just go for it, that there's nothing else they can do at this point.

Back at Scott Wallace's trial, Kyle Barrett is on the stand. He's testifying that his sister was both excited and terrified about starting a new life, about being single again. Bobby objects citing the hearsay rule, Helen says state of mind exception that if the defense is saying she killed herself this testimony directly refutes that. The judge overrules the objection. Helen says to Mr. Barrett that he testified that she was hoping to meet a man she could love. He says yes, that she was planning on telling Scott that she wanted a divorce. Helen asks him why she was terrified, if he knows. He says she was afraid of Scott's temper, that at one point she had wanted him to be with her when she told him, that she was afraid he might harm her. Both Bobby and Eugene object, but the judge allows it. 

Helen then asks him if his sister said anything else. He says she told him if he didn't hear from him or if she turned up missing he should call the police because Scott probably did something to her. Helen looks surprised by this revelation. Bobby yells objection, the judge again overrules it. Helen proceeds asking him why is it so impossible that his sister may have taken her own life. He says they were extremely close, that they talked every day, she hid nothing from him, if she were in so much as a bad mood he would see it. He says she was not depressed, she was not despondent, she had no mental deficiencies, and the idea that she took her own life is absolutely preposterous. Helen just stares at him for a moment and then says she has nothing further and sits down.

Eugene is next to question Mr. Barrett. He starts by asking him if he thinks his client killed his sister. Helen objects, the judge allows the question. Mr. Barrett says he knows he did it. Eugene then asks him if he thought this man (Scott) did kill his sister he would want to see him put in jai and indeed he would do anything to help put him in jail, wouldn't he? Mr. Barrett asks him what is he suggesting. Eugene says he's suggesting that he would do anything to put the man he thinks killed his sister behind bars. He says he would even get in that witness chair and lie.... Helen objects. Mr. Barrett says he didn't lie. 

Eugene goes on saying he has his statement to the police taken the night his sister died and he didn't say anything about his sister saying if I disappear call the police, that he didn't say anything about her saying that she was afraid of being harmed. Mr. Barrett says he believes he did. Eugene hands him a copy of his statement and asks him where it is. He says maybe the officer didn't write it down. Eugene says incredulously the officer didn't write it down. Mr. Barrett, getting annoyed, says he has always maintained that his client killed his sister. Eugene says yes, he has always maintained that but this is the first time they are hearing of any facts like her saying she was afraid he might harm her because he's just now making it up. Helen objects. The judge overrules the objection. Eugene continues saying that he wants to get that man so bad he got up here and lied to get the job done. Again Helen objects. 

This time the judge tells Eugene all right. Eugene goes back to Mr. Barrett saying he said his sister wasn't depressed, that she didn't have any mental deficiencies - he asks him didn't his client share with him that his sister was having huge mood swings, that she might even need medication. Helen yells hearsay, the judge overrules it. Eugene repeats the question, saying that he came to him as her brother hoping he could convince her she should get help. He says absolutely not. Eugene calls him a liar and reminds him he's under oath, Helen objects, the judge sustains the objection and warns Eugene. Eugene turns back to Mr. Barrett and says he said that his sister wanted him to come with her that night to tell his client she wanted a divorce, but he didn't. He says because he didn't think he would really kill her, but he was wrong. Eugene asks him what he did that night. He says he's in a weekly card game. Eugene glares at him and says "Your sister told you she was afraid for her life and you couldn't help her because you were in a poker game?" Eugene walks back to his seat and Helen says the commonwealth rests.

Bobby leans over to Eugene and asks what he thinks. He says they still have a chance right now, but if that tape comes in... Bobby tells Scott that it is still their opinion that he shouldn't testify that if that tape comes in. Scott keeps insisting on testifying. Bobby keeps insisting that he doesn't and basically ignores his client's wishes and gets up and says the defense rests.

At Ellenor and Lindsay's hearing, the older EPA lawyer is up. He's saying that what's happening here is obvious, that the manufacturer of the equipment that caused the alleged injuries to their children went out of business and the parents had no one left to sue so they filed a claim against the EPA. He says the parents have cited no case law on the federal or state level that would allow a United States agency to be sued for the conduct of a private business. He says let's consider what's happening here. Because environmental factors are at fault here, they're suing the EPA which would mean that because we have an FDA (federal Drug Administration) you could hold the government liable for any harm caused by a drug manufacturer, because we have an FAA (Federal Aviation Administration) you could sue the government for every plane crash. He says he understand they live in a litigious society, but the idea that they can sue the government for the actions of any regulated private industry is ludicrous. He says that this claim in untenable and according the government's motion for summary judgment should be granted.

Ellenor's turn. She says they aren't suggesting the government be held liable for air disasters simply because there is an FAA, nor are they saying that the EPA should pay damages every time there is an environmental crisis. She says that they're saying that in this situation 3 children got hurt because the EPA didn't do its job. The judge asks her if she's saying that the children got hurt by toxic playground equipment. She says yes, that there is a preservative that is also a pesticide known as chromated copper arsenic - CCA. She says that its used to pressure treat wood and is found in decks and playground everywhere. She says that with time this pesticide leaches into the dirt, which is what happened in her client's yard where their children play every day. 

The judge asks her why the EPA should be held liable 0 they didn't make that playground equipment. She says their argument is that the EPA knew about the dangers of this pesticide, that they've known about it for almost 30 years, and yet they have continued to let the wood preservers use this stuff. The younger EPA lawyer says this a complete lie. She tells him to shut up. The judge says to watch it, she says he's arguing the merits, the judge says to let him deal with him. The judge says that the basis of their claim is that the EPA knew of these dangers. Ellenor says their claim is that when a governmental agency knows of a substance that causes developmental problems in the nervous systems of children, when a governmental agency knows of a toxic chemical that is being regularly used to make playground equipment, when that governmental agency does nothing to stop it, then yes that agency is blameworthy and yes that agency should incur some liability. 

The judge tells her he can do without the tone and then tells her they complain every day about the government not doing enough but they can prevent every disaster. Ellenor says yes, but this disaster was preventable. The judge says as are most automobile casualties, that the government could mandate that all automobiles be built like a tank, they could mandate that every airline passenger be equipped with a parachute, there are a lot of things the government could do to make things safer, but there are economic realities. Ellenor says she understands that and if the economics of fixing a problem are prohibitive, fine. But, she says, how about simply alerting the public of the problem - would that be putting too much of a burden on the federal government? The judge says maybe not, but his question is, do they have a duty to. Ellenor says that their position is that they have a duty to make known all dangerous toxic conditions that they know of. She says that the EPA is still sitting on this information, that that chemical is still leaching into the dirt on playgrounds, that children are still playing in that dirt and the EPA still isn't informing people. She says the reason is that the wood manufacturers have lobbied Congress to back off and that the only reason she knows about it is that the parents of 3 sick children hired her.

Back at the offices of Donnell, Young, Dole and Frutt, Bobby is working late at his desk. Eugene walks into his office and asks if he's working in his closing. Bobby says yes. Eugene closes the door behind him and says if a client wants to testify its his right. Bobby says he's not seeing straight, that he's talking about Fiji. Eugene says he's competent, he wanted to testify, and he prevented it. Bobby says and what would the result be if that video tape came in? Eugene repeats that he's competent, that his decision was to testify. Bobby says and you sat silent. Eugene says so we're both guilty. He sits down and he and Bobby just look at each other.

In Helen's office, Helen is saying to Richard that Mr. Barrett lied. Richard says we don't know that. Helen says of course they do. She says that stuff about his sister being afraid and to call the police - where did that come from? Richard says they don't know that its untrue. Helen says that she knows what he said to him, how he coached him, that the man committed perjury and that that testimony could convict. Richard says that even if he did perjure himself, all they have is suspicion. Helen says yes, that they are both covered here, but that doesn't solve it, that they could have an innocent man here serving a life sentence because of lies they put into evidence. Richard says first of all he's not innocent. 

Helen says she thinks he is. Richard says her opinion isn't relevant. He says second there isn't anything they can do about it now, the witness said what he said. He says for all they know it could be true, so they just do their job and argue the case - period. Helen glares at him. Richard says oh I suppose you're thinking how you'll never be able to live with yourself now. Helen says no she was actually thinking how she would never be able to live with him. Richard says if she can't bring herself to close to just say the word. Helen says the word here is that the most damaging prosecution witness here just concocted a bunch of big fat lies, now she can't prove it but she knows it and so does he. Richard just glares at her.

Back in the courtroom at the EPA hearing. the judge takes his seat and prepares to deliver his ruling. The judge says it seems strange that the government by forming an agency to watchdog private industry could them become liable for the conduct of those agencies and that he's further troubled that its the taxpayers that pay for these damages if there are any. He says its true that the EPA was mandated to regulate pesticides but to say that the EPA knew of a leaching problem and failed to either correct it or to warn about it makes them negligent to the point where they should assume responsibility is a hard leap for him to make as a juror. He continues saying that it's in fact a question that a jury should be deciding, not a judge. He says that defense motion for summary judgment is denied and that trial is set for next Tuesday and he adjourns the court. 

Ellenor and Lindsay looked stunned, but pleased. The EPA lawyers looked stunned, and mad. The husband asks what happened. Ellenor tell him that they won they motion, that they're still alive. Lindsay says she doesn't believe it, she means she does, but she doesn't. The couple hug, relieved. Lindsay tells them that they have a lot of work to do, so they better meet. Ellenor says 7:00 in their office. Just then the EPA lawyers approach and ask if they can talk. The husband says no, if they have anything else to say they can say it to a jury. The EPA lawyer says Mr. Jamison, nobody wants a long trial here. Mr. Jamison (formerly known as the husband) says after 8 months that what he says to him? He tells him to go to hell and take your friend.

Back at Scott Wallace's trial its time for closing arguments. Bobby is up first. He says they have no case. He goes through all the forensic evidence that the prosecution presented and explains it as he did during the trial. He points out the lies that Kyle Barrett told on the stand, saying that it was a desperate lie that cannot be corroborated by anyone and its that lie alone that the prosecution is trying to convict an innocent man. He says that the reason Kyle Barrett made up these lies is that sitting in this room, listening to the evidence, he recognized that the prosecution has no case.

Helen's turn. She says that a woman announces to her husband that she's going to leave him, they're heard in a screaming argument and she turns up dead and we're supposed to think suicide? She says that no one who knew her thought her to be suicidal or even depressed and as she had decided to move forward in life, she decided to end it - it doesn't make sense. She says that there is no evidence that the brother's testimony was a lie. She says let's all try and use a little common sense - a woman tries to leave her husband, she turns up dead, figure it out. Back at the offices of Donnell, Young, Dole and Frutt, Lindsay and Ellenor are meeting with the Jamisons. 

Mrs. Jamison is asking if the kids need to be there every day. She says yes, that their case is their children and they want the jury to see their faces everyday, even during the doctor's testimony. Mr. Jamison says they're ready, that they've certainly prepared them. Ellenor goes on to say that the defense has already brought a motion to bifurcate the trial which they are opposing which means they should really get to work so they will be in constant contact as they draw closer. As Mr. Jamison is leaving, he stops Ellenor and apologizes for what he said before. She says he doesn't have to. He says he does, that he knows how hard they have both worked and as he watched them in the court he felt ashamed for doubting them. He takes her hand and tells her "That was something.". She thanks them and they leave.

Back at Scott Wallace's trial the verdict is in. In the back of the courtroom sits Helen's boss with a watchful eye. The jury foreman reads the verdict - for the charge of murder in the 1st degree - Guilty. Scott looks stunned. Bobby and Helen both look shell shocked, but Richard looks pleased. Bobby says defense asks to set aside the verdict and grant a new trial. The judge says he can file those motions later and that security will take the defendant into custody. Bobby tells Scott over and over that they have grounds for appeal, they'll appeal. Scott asks Eugene where they're taking him and Eugene tells him they'll be transferring him to Cedars. Again Bobby tells him they'll appeal and they lead Scott away. Bobby falls into his chair, stunned. On the prosecution side, Richard is fielding the press. Eugene is doing the same on the defense side. As the crowd filters out of the courtroom, Bobby on his side and Helen on hers sit in stunned silence.

The end.

The Review