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"Friends and Ex-Lovers"
- summary by Christie
Written By:
David E. Kelley
We open with Ellenor giving her statement to the police and Richard Bay
about Scott Wallace's shooting of Harry Duvall. She is saying Scott
had this look on his face as if he seemed a little outside of himself.
The detective asks her what she means. Ellenor says she means that
something snapped in this guy. She says at first it just seemed as if
he were going to kill himself and then he just turned the gun on Duvall
and started shooting. She says she's just thankful he didn't shoot
her. Richard asks if she knew he had brought the gun. Ellenor says of
course not.
Jimmy is now giving his statement. He says that Scott just pulled the
gun out, he doesn't even know from where. The detective asks him what
was his demeanor. Jimmy says he was building into this rage, that it
was building up and up and then they thought he was going to kill
himself and then a kind of calm came over him. Richard and the
detective look at each other after hearing that. Richard says calm in
what way. Jimmy says when Duvall said to him don't do it, don't kill
yourself and Scott said you're absolutely right, he said it with this
evil sort of revenge kind of calm. The detective asks him if he thinks
this was a revenge killing. Jimmy says absolutely. The detective says
from Jimmy's observation did Scott know what he was doing. Jimmy says
he knew exactly what he was doing, that this guy didn't snap, he made a
decision, he decided to kill this Duvall guy and he did it. Richard
says is he sure about that from his observation. Jimmy says he's
totally sure, that it was an execution. Richard looks at the detective
with a satisfied look on his face.
Opening credits.
Inside Helen's office a man, a lawyer, is telling Helen that her offer
is rejected. She says Mitchell, I haven't even told you the offer yet.
Mitchell says it doesn't matter its rejected, and that should tell her
something. Frustrated, Helen sits down. Helen tells him he can't be
expecting to win this, that the guy is sitting in a van with 100 grams
of heroin. Mitchell says he keeps telling her his client is a chemist
whose only mistake is working so hard he fell asleep at the wheel, he
had no idea those drugs were there. Helen looks at Mitchell and says
they used to date, he forgets that she could always tell when he was
lying. Mitchell laughs and says but she could never tell when he
wasn't. Helen says she's not after his client, she's after his boss and
all she needs is a name. She says he's facing 15 years and they're
offering 5, why would he turn that down? Mitchell says because he's not
a D.A. anymore, he's a defense lawyer, that's one reason, the other
reason is his client is innocent.
At the offices of Donnell, Young, Dole and Frutt, Lucy is trying to put
the angel on top of the Christmas tree, with help from Jimmy on whose
shoulders she is riding. Apparently she is heavier than she looks.
Jimmy says what did you have for breakfast? Lucy laughs and says hey,
I'm pregnant. Rebecca, who is standing next to Ellenor who is playing
with the little dog says yeah, me too. The Eugene says me too. There
is giggling all around. Ellenor asks if the dog is going to live here
now, as she kisses him. Lucy says his name is Chopper and yeah he is
until he gets house trained and I know he won't pee on my carpet. She
finally gets the angel on top of the tree. Just then Bobby bursts
through the door, angry, and says Jimmy, my office. Jimmy looks
perplexed. Lindsay has a look that says trouble is ahead.
In Bobby's office, Jimmy comes in and closes the door behind him. Jimmy
asks Bobby what's wrong. Bobby says you told the police that Scott
Wallace acted with premeditation? Jimmy says Scott did. Bobby says
you're his lawyer... Jimmy says not on this he isn't, Ellenor and he
are witnesses. Bobby says that Ellenor correctly said Scott snapped and
he... Jimmy says he doesn't agree and Bobby wasn't there so how does he
know what's correct. Bobby says he knows Scott's mental state. Jimmy
says he was in the room. Bobby says he basically screwed their insanity
defense, if there was even a question... Jimmy says there wasn't, not
to him, Scott didn't snap, he knew exactly what he was doing, that he
was a witness, and he doesn't appreciate Bobby telling him to ignore the
truth... Bobby says he wasn't. Jimmy continues saying or feeding him
what he thinks the truth should be. Jimmy again says he was in the
room. Bobby is screaming now. He says what happened in that room was
the result of many things that took place before. JImmy says he told
them what he saw. Lindsay comes in to try and quell the argument. She
says all right, and then tells Bobby that of course Jimmy should tell
the truth. Bobby gets into Jimmy's face and says if he's wrong his
mistake could cost a man a life's sentence. Jimmy glares angrily at him
and leaves. Lindsay shuts the door behind him. She goes up to Bobby
and firmly tells him that was way out of line. Bobby says that Scott
Wallace... Lindsay interrupts him and tells him she doesn't care, he
was way out of line. Bobby looks like a little boy who has been
scolded.
At the courthouse a man is testifying for the prosecution. Helen is the
D.A., Judge Kittleson presides. The witness, a policeman, is saying
that the front up was up against a telephone pole, completely smashed,
it was a white van with the words "Gray's Pharmaceuticals" on the side.
Helen asks him if he saw anyone behind the wheel. He says yes, he
didn't at first, his head was kind of hunched, but as he got closer he
could see it was the defendant. Helen asks how he would describe the
defendant's condition. The policeman says he had a deep laceration on
the left side of his forehead with blood on his head and on the
windshield. He says when the ESU arrived they transported him to a
hospital. Helen asks when the defendant went to the hospital, what
happened to his van. The policeman says it was taken to the police
impound yard where a routine inventory search was done. Helen asks if
he was present for that search. He says yes. Helen asks him to tell
the jury what they found. He says they found a black bag which
contained what they later determined to be 115 grams of heroin. He says
they also recovered 2 large barrels, the first containing several
gallons of phenylacetic acid, the other with a similar quantity of
methylene. Helen asks him if he knows what those chemicals are used
for. He says yes, to make a drug call methamphetamine.
Mitchell is up next. He asks the policeman if he found those items in
the year compartment of the van. The policeman says yes. He asks if
there were any drugs found in the passenger compartment. He says they
didn't find any. Mitchell says and you also didn't find any on his
client, did he? The policeman says no. Mitchell asks what about
fingerprints, did he find any of his client's fingerprints on the black
bag he mentioned? The policeman says that no readable prints were
recovered. Mitchell thanks him and sits down. Judge Kittleson says
they will break for lunch and resume at 2:00 and adjourns the court.
Helen goes over to Mitchell and tells him she still thinks they can
resolve this, that its a lot of drugs, more than any street level
soldier gets to carry. She says that their next witness is going to
testify that he saw his client put the black bag in the van. Mitchell
says they are not interested in her deals. Helen says he's looking at
15 years. Mitchell says he's beginning to get angry now. Helen looks
at the defendant who seems to gulp.
At Scott Wallace's arraignment Bobby enters a plea of not guilty by
reason of temporary insanity and given his client's mental infirmity
they would be requesting bail... The judge says denied. Bobby says
they would also be requesting an early trial date because Mr. Wallace's
continuing deteriorating mental state... The judge asks Richard when he
could be ready, he says in 2 weeks. The judge says they will set a
trial date for 2 weeks and the defendant will stay in custody. Richard
says that the court should know that 2 lawyers from Mr. Donnell's firm
will be witnesses. Bobby says his client is prepared to waive the
conflicts. The judge says just wait a second. He says its not that
simple. He says to Bobby that 2 of his lawyers will be witnesses, how
so? Bobby says they were present at the shooting. The judge looks as
if he can't believe what he just heard. He says he wants affidavits
from the attorneys and he'll hear from him again before he agrees. He
tells Bobby he has grave concerns and then recesses the court. Bobby
walks over to Scott. He tells him he'll be in this afternoon to see
him. He reminds him not to talk to anyone, no guards, no inmates, but
to wait for him to get there. Scott just stares blankly ahead, not
saying a word. Bobby pats him on the shoulder and leaves. The guard
takes Scott away. Richard goes up to Bobby. He says temp insanity? He
says is Bobby sure the victim didn't commit suicide? Bobby says "you
know, Richard, for such a clever guy you should be able to figure out
why everybody hates you." Richard says he will carry that remark with
him through the trial. Bobby walks away.
A guard is leading Helen into a holding area. Someone has asked to see
her. She asks the guard and he tells her he doesn't know, just one of
the prisoners. Helen says this is how stupid they're getting, they're
asking to see prosecutors. When she is let into the cell, she sees Mr.
Macklin, the defendant and Mitchell's client. She tells him she can't
speak to him, that he's represented by counsel. Macklin says no he's
not. She asks if he fired Mitchell. He says he can't fire him, that he
works for them, that the people he works for, Mitchell works for. Helen
says hold on, she can't.... Macklin says he wants to plead. Helen
tells him he has counsel. Emphatically he say no he doesn't, and if she
tells Mitchell they had this conversation he will be killed, his whole
family will be killed. He tells her he wants to help her, but she has
to help him.
Commercial.
At the prison, Bobby is meeting with Scott. Bobby is explaining that the
motion is about whether he can represent him. He says that technically
since lawyers at his firm are material witnesses that would prevent him
from representing Scott without a waiver. Scott is looking very out of
it. He doesn't say a word. Bobby tells him he's going to have Dr.
Murphy examine him again. He says he's the same doctor he had look at
him before. Still, Scott says nothing. Bobby says to Scott that he
needs for him to talk to him here, and he needs for him to talk to Dr.
Murphy. Quietly, Scott says what's the point now, Bobby? Bobby goes
over and sits beside him on his bed. Bobby says to him that maybe he
thinks everything is over now and you know what? Maybe it is. Bobby
says but maybe it doesn't have to be. He says his whole life depends on
this next month - don't lose 50 years because you feel like sulking.
Scott just look at Bobby. Bobby tells him he won't pretend to know what
he's going through, but he does know he needs help and he's has got to
let him help him, and the doctors. He says that he has trusted him up
tp know and he has to keep trusting him, ok? Scott looks at him a
smiles a small smile and says ok.
Helen is in Judge Kittleson's chambers. She has been filling her in on
Macklin's request. She tells her he wants to talk to her. Kittleson
says Helen should not have even continued the conversation. Helen says
she only did it because it seemed to be a matter of life and death and
if what he says is true then he doesn't really have counsel, does he.
Kittleson asks where he is now. Helen says in a cell, she can have him
here in 30 seconds. Kittleson says there has to be a defense attorney
present. Helen says why. Kittleson says because there does. Kittleson
goes out into the courtroom and looks over the attorneys that are
gathered there for their various cases. She spies Eugene and smile.
She calls his name. He looks up at her with a questioning look on his
face. She signals for him to come back to her chambers. He picks up
his coat and briefcase and follows her.
Once in her chambers Helen is waiting along with Kevin Macklin. She
introduces them and tells Eugene that she needs him to just stand there
while she figures this out. He says figure what out. Kittleson tells
him to just hold the wall up for a second. She sits down and asks
Macklin what it is he wanted to see her about. He says like he told
Helen he wants to plead guilty. Eugene says whoa, your honor, I'm out
of here, and starts to leave. Kittleson tells him to stay still.
Eugene reluctantly closes the door. Kittleson tells Macklin that if he
wants to plead guilty that is his right but he needs to discuss that
with his lawyer. Macklin says that Mr. Reese (Mitchell) doesn't really
represent him. He says that when he got arrested the people he works
for arraigned to have Mitchell defend him. He says Mitchell's job is to
make sure he doesn't talk to the police and if he were to find out they
were having this conversation he would be dead. Kittleson says ok,
let's see what happens. She turns to Eugene and tells him that as of
right now she's appointing him this defendant's shadow counsel. Eugene
looks confused. He says shadow what? She tells him she's removing Mr.
Reese, with Mr. Macklin's consent, and assigning him in his place.
Eugene says she can't do that. Kittleson says she can do it, and its
done. She says in the next 8 hours she expects him to conference this
case with his client and with the district attorney and with anybody
else that can make her life easier. Helen asks what about Reese.
Kittleson says until she says so no one says anything to Mr. Reese.
Eugene starts to object. Kittleson says she will adjourn the case until
tomorrow and if there is no resolution by then she will proceed with the
trial. Eugene tells her he has to work in this courthouse, that his
reputation with the state is one thing, but these are his colleagues and
he can't start representing their clients behind their backs. She tells
him that under the circumstances they don't have much of a choice.
Eugene says what are you going to tell Reese? She says that the judge
is suddenly not feeling well and that the case is continued until
tomorrow and that's all he has to know. Eugene says she's putting him
into a position where.... Kittleson interrupts him telling him to talk
to his client, and she wants an update by the end of the day. Helen
leaves the office alone.
Walking through the hallways of the courthouse, Helen is talking to
Mitchell. He is saying Kittleson is sick? Helen says evidently, that
they're continued until tomorrow. Mitchell says she's probably in a
hotel christening some new public defender. Helen says she wouldn't
doubt it. Mitchell asks her if she remembers the time they zipped off
to a motel during the recess of the Abraham's trial? Smiling, Helen
says ok, don't remind her. Mitchell says she came back without her
underwear. They stop walking. Helen is giggling a little bit.
Mitchell says he has an idea - after the trial the loser takes the
winner to the North End, dinner at Emilio's. Helen tells him that they
should just try and get through this before they start making social
plans. Mitchell says sure, then says he should go now, he wants to see
his client before they take him back to County. Helen tells him she
thinks he's already gone by now that he might have to wait on that and
she walks away.
Eugene is meeting with Macklin. He tells him here's a tip - don't ever
tell the prosecutor you're guilty. Macklin says what is he going to
do? He says he's not going to jail for these people, not 15 years.
Eugene tells him that id he deals with the state he's looking at witness
protection. Macklin says he knows this. Eugene tells him for him and
his family, that basically his life is over and you get the privilege of
starting a new one. Macklin says so what happens next. Eugene tells
him that he makes the deal, but first he tells the D.A. who he works for
and she is going to want details in writing. He says assuming it makes,
you testify and then you go into witness protection and join your
family. Macklin look hesitant. Eugene asks him if he's sure he wants
to do this. Macklin says as opposed to 15 years, yeah, he's sure.
In a coffee shop, Lindsay is ordering something, perhaps a latte. She
asks the server if she could add a little more foam and walks away
looking at other things behind the counter. Suddenly she hears a
familiar voice placing an order "Decaf, no whip, nonfat mocha please."
She turns with a look of horror on her face to see Hinks. He turns and
sees her. He doesn't look surprised. He says "Lindsay, oops. The
judge wouldn't like this." Lindsay says he has a restraining order
against him - 1000 feet. Hinks says it never enjoined him from getting
coffee. He says how was he to know she would be there. Lindsay says
well now you know, so get out. Hinks turn and asks the server to put a
rush on that mocha because he's trying to allude capture. Lindsay say
to him the puppy you sent? What a cute idea. This time Hinks does look
surprised. He says what puppy? Then, angrily he asks again, "What
puppy?" Lindsay is definitely freaked out.
Back at the hearing on Scott Wallace's case, Bobby is telling the judge
that the client has completely signed off. Richard says so he's insane
when it comes to shooting people but sane when it comes to his capacity
to waive conflict. Bobby says that Scott's mental state is another
reason he needs to be on this case. He says that Scott isn't very
communicative right now and he needs someone he can trust. The judge
asks Bobby if he can truly trust him, that Mr. Berlutti it seems will be
a vital prosecutorial witness. Bobby says he will represent Mr. Wallace
zealously with no regard for Mr. Berlutti's interests and he says that
now as an officer of the court. The judge asks what about Ms. Frutt,
that he's concerned she will lean a little more toward being an
advocate. Bobby says that the fact that Ms. Frutt is a member of his
firm gives Mr. Bay a free shot, he can impeach with bias. The judge
says yes and that doesn't help your client, does it. Bobby says there
are certainly disadvantages here, as well as dangers, but the net result
remains, Scott Wallace is best served with me as his attorney. The
judge asks Richard what he thinks. Richard says if the client waives
the conflicts then he won't oppose. The judge turns to Scott and asks
him if he is waiving the conflicts. Scott stands and says yes you
honor. The judge tells him he strongly advises against it, but he won't
stop him. Bobby thanks him. The judge asks them for witness lists by
the end of the week and he'll see them for trial in 2 weeks and he
adjourns the court. Richard calls Bobby over and says to him not that
he never takes his advise but he would at least get a second chair from
another firm. Bobby says he's right, he would never takes his advise and
walks away. Richard mutters that people insult him even when he's nice.
Back in Judge Kittleson's office, Eugene, Helen and Kittleson are
meeting. Helen says they'll stipulate to withdrawing the guilty plea,
enter guilty to narcotic trafficking, Mr. Macklin goes into witness
protection, all of this is conditioned on a detailed statement.
Kittleson asks Helen is she confident that this man has the information
to warrant such a break? Helen says he's the chemist, he has names,
locations, he's a gold mine. Kittleson says what if he turns out not to
be a gold mine. Helen says then she has the right to call the deal
off. Eugene has been sitting on the couch not saying a word. Kittleson
turns to him and says he's been a little quiet. Eugene says he thinks
the whole thing stinks. He says not to betray his new client, but he
could be making everything up and on his word alone we've gone behind
the back of defense counsel. He says it smells lousy to him. Helen says
does she look like she's having fun. Kittleson says all right, let's
bring him in. Helen goes and opens the door and Mitchell walks in. He
looks confused upon seeing Eugene. He says hello to him and asks what's
going on. Kittleson says there is no easy way to say this so she'll get
right to the point. She says the trial is over. Mitchell is really
confused now. He asks what does she mean, you're granting a mistrial.
Kittleson says there's no mistrial, his client has plead guilty.
Mitchell says guilty? That's ridiculous, how could he plead guilty
without a lawyer? Kittleson says he had a lawyer, that at Mr. Macklin's
request she assigned Eugene to replace him. Mitchell is getting angry.
He asks where is his client, is this some kind of a joke, get his client
in here now. Kittleson tells him that at his request Mr. Macklin has
entered witness protection an hour ago. Mitchell says witness
protection? He turns to Helen. She tells him Macklin claims Mitchell
was hired by the drug ring and that you actually work for them.
Mitchell says and you believed him? Helen says that he also feared for
his life. Mitchell says so what, you just replaced me? Eugene is
looking very uncomfortable. Mitchell turns to Judge Kittleson and asks
if when she asked for a continuance this afternoon, that was a lie? She
tells him that at the time she felt it was best to mislead him. He
turns back to Helen. He tells her she's known him for 12 years, that
he's prosecuted these cases, didn't she think he deserved to know about
this and at least have a chance to defend himself? Helen too is looking
very uncomfortable. Judge Kittleson says how could they tell him, if
the client was right it might get him killed. Mitchell says she made a
mistake, and turning to Helen, says both of you and says he's going
straight to the bar. As he starts to leave Helen asks him who hired
him to defend Kevin Macklin. Mitchell turns and says go to hell. Helen
asks him again. Mitchell says he's not saying anything. Helen tells
him he doesn't have a choice. She picks up a piece of paper and shows
it to him. She tells him that this is a subpoena that commanding his
immediate appearance before a grand jury. She says to Mitchell that
its up to him, he tells them now or he tells them then. Mitchell says
attorney client privilege. He says that the person who hired him is
also a client and who he represents is highly confidential. Kittleson
says that the identity of his client is outside the privilege. Mitchell
says no when you have elements of the crime and revealing the identity
could incriminate. Kittleson says she is ordering him to answer.
Mitchell says well he won't and he leaves. Helen watches him go,
looking very sad.
Commercial.
Back at the office, Jimmy is very gingerly carrying Chopper, the puppy,
over to Lucy. He tells her he (Chopper - not Jimmy) made again. As
Lucy takes him she asks if it was 1 or 2. From her desk Rebecca tells
Lucy she should get him house trained before she brings him in here.
Lucy, cuddling the puppy, says he's training here. Bobby and Eugene
come out of his office. Eugene has been filling Bobby in on the deal
made to Macklin. Bobby says so he was a gold mine. Eugene says they're
making arrests now, but he couldn't give them the top names, only Reese
has them. Bobby, looking distracted as he's watching someone, says he
won't tell? Eugene tells him he's going before the grand jury today.
Its clear that what was distracting Bobby was Lindsay. She on the
phone, very upset. She's saying does it matter who went in first, a
1000 feet is a 1000 feet. Bobby walks over to her desk. She finishes
her conversation and hangs up the phone. He asks her what he said.
Lindsay says they can't arrest him (Hinks). She says they're going to
pay him a visit and try and scare him again. She seems very nervous.
Ellenor says yeah, that seems to be effective. Bobby sees Jimmy and
asks him if he can talk to him.
Jimmy and Bobby go into Bobby's office. Bobby tells him he's sorry he
jumped all over him, that the emotion of this case... He says he
apologizes. Jimmy says ok. Bobby says that Scott Wallace is a very
good friend of his. Jimmy says he understands. Bobby says that as his
friend he thinks he's in a pretty good position to know whether he is
cracking up or.. He says he knows everything that led up to this and he
also knows Jimmy, being in the room as the shots were being fired...
Jimmy says what are you saying? Bobby says he thinks its possible he
perceived things as other than perhaps they were, that he was clearly
shaken up. Jimmy says first he tries to tell him what the truth is and
now he's trying to influence... Bobby says he's just saying... Jimmy
cuts him off. He tells Bobby that this is witness tampering, that its
illegal. He says that he's going to leave now before he does or says
anything that will make him have to go to the bar. He tells Bobby that
if he needs a good reason why he shouldn't be doing this case, consider
what he just did. Bobby doesn't say a word. Jimmy leaves his office.
Lindsay and Jeannie are coming out of a building talking. Lindsay has
apparently filled Jeannie in on the latest happenings with William
Hinks. Jeannie is telling Lindsay that Hinks is upset about the dog.
Lindsay asks if he said that. Jeannie says she doesn't think he gave
Lindsay the dog and he's angry somebody else did. Lindsay asks who.
Jeannie says she doesn't know, maybe the real killer. Lindsay sighs.
She says here we go again. She says that William Hinks is the real
killer, that he's stalking her. Jeannie says that the stalking also
fits the pattern of his delusions, of his wanting to be thought of...
Lindsay cuts her off, saying that she doesn't want to get into this.
She stops and turns to Jeannie and says since she is treating Hinks she
would just her to prevail upon him not to stalk her anymore. Jeannie
says she can't promise she'll be effective, but she will certainly try.
Lindsay says thanks you and then, very sarcastically says and thank you
for bringing me into this to begin with. Jeannie says that his being
upset over the dog doesn't make sense to her, not if he's the one who
gave it to her. Lindsay just looks at her. She looks worried.
Later down the street, Lindsay is talking to Bobby on her cell phone.
She is filling him in on her conversation with Jeannie. She tells him
its like talking to a brick wall, that she thinks Jeannie's the one
suffering from delusions. As she talks, she hails a cab. Bobby says
that Mike McGuire just called and they're on the way to see him.
Lindsay says good, and then switching gears, says now can they talk
about him and the Wallace case? A cab stops for her and she gets in.
She shuts the cab door and tells the driver to take her to 365 Federal.
She continues her conversation with Bobby. She tells him, almost
hesitantly, that Jeannie thinks that since he feels responsible for
putting Scott back out on the street he could be obsessed with defending
him here because he feels the need to defend himself. Bobby obviously
disagrees. He tells Lindsay that that is a pile of... Lindsay says it
makes sense. Bobby says its ridiculous, tells her he's not even going
to discuss it and hangs up on her. Lindsay says fine and puts down her
phone. The cab is stuck in traffic. She looks out the window at the
line of cars ahead of her. Horns are honking. The cab is going
nowhere. She starts to look around and then she looks into the rear
view mirror and sees the driver staring back at her. Its William
Hinks! He's smiling that eerie smile. Lindsay screams and jumps out of
the cab, running through the stalled traffic as fast as she can.
Lindsay and Bobby are at the police station stalking to Mike McGuire.
Lindsay is sitting, Bobby is standing, almost pacing in place. Mike
asks Lindsay if she's sure. Lindsay says yes, she's sure, she saw him
right in the rear view mirror, that he picked her up, she was in the
cab, she looked in the mirror and it was him. Lindsay is visibly upset
and she starts to bite her nails. Bobby is angry. He asks Mike what is
he waiting for and tells him to get this guy.
In Helen's office, Richard Bay is telling her that if she wants him to
do it he will. Helen says she's taken it this far. Richard says to her
that she used to go out with this guy, does she really want to be
hauling him before the grand jury? Helen says no, but Richard doesn't
know the case. Richard says so she can bring him up to speed. Helen
says no, she'll do it.
In the courtroom where the grand jury is meeting, Mitchell Reese is on
the stand. Helen is questioning him. She says that there was a time he
represented a man named Kevin Macklin. Mitchell says until yesterday
when she subverted the judicial process and conspired to replace him.
Helen says she only has one question - who hired him to represent Kevin
Macklin. Mitchell says he refuses to answer on the grounds of
attorney/client privilege and under the protection afforded him by the
United States Constitution and Article 12 of the Massachusetts
Declaration of Rights. Helen says that's another way of saying that he
doesn't want to incriminate himself. Mitchell says he refuses on the
grounds already stated. Helen says she's sorry but its not that easy.
She tells him he's not a target of this investigation, that he's been
given full transactional immunity for any crime revealed by his
testimony. She says she can't prosecute him for anything he says which
means he has to answer the question. Mitchell says an answer would
violate attorney/client privilege. Helen says that a judge has rejected
that argument. She asks Mitchell who hired him to represent Kevin
Macklin, who approached him and who paid him. Mitchell sits silent.
Helen says to him to think about what he's doing, his reputation, his
license to practice. She tells him he is risking incarceration for
contempt. Mitchell says contempt? He tells her that everything she has
done here has shown contempt for this system. Helen tells him to please
answer the question. Mitchell says he's gone and gets up to leave.
Helen asks the bailiff to please to stop Mitchell. The bailiff does.
Mitchell turns to Helen and says you've got to be kidding. Helen says
Mitchell Reese, you're being held in contempt of the grand jury. The
bailiff handcuffs him and as they start to lead him away he stops in
front of Helen and tells her she has no idea what she is doing.
At the prison, Bobby is meeting with Scott Wallace. Scott says motion
in what? Bobby says in limine, that the prosecution is trying to
suppress everything about his wife's death. Scott says that's good for
them, isn't it? Bobby says no, that's not good for them, that they
need to prove that he was insane when he killed Harry Duvall and that
what he went through helps explain his state of mind. Scott says no,
that if a jury thinks he killed Karen... Bobby says they won't, he was
acquitted. Scott says that doesn't matter, doesn't he get it? He says
he lost his job, all of his friends, that nobody cares he was acquitted,
they still think he's guilty. Bobby says they need tp prove a mental
condition... Scott says no, he's making him look like a murderer.
Bobby says that this is their only chance, that they can't win this any
other way. Scott stares out through the bars of the cell. Bobby tells
him to look at him. Scott does. Bobby tells him that Dr. Murphy is
prepared to support their theory of temporary insanity, but he did bring
a gun to the meeting. He asks him why. Scott doesn't answer. Bobby
asks him if he went there to kill Duvall. Scott shakes his head and
says no, that he planned to kill himself in front of him. He says he
figured his own blood on his hands... He says suddenly, it was better
his blood on his. Bobby walks toward him and says when he turned to
Ellenor and Jimmy and said bet they're glad he ran out of bullets, would
he have shot them too? Scott thinks for a moment and then says maybe.
In a prison cell, sits Mitchell Reese. Helen is let in to see him. The
cell door shuts behind her. Mitchell, sitting on the bed, hardly looks
up. Helen stands there looking at him and says that he sued to be a
prosecutor, she just can't believe it. He asks why is he sitting
there. Helen says because his (Macklin's) story is checking out. Helen
says completely off the record... Mitchell says sarcastically oh yes,
let me trust you. Helen says he can, that she thinks he knows he still
can, that the man's life was in danger and she had to do what she did.
She says, completely off the record not that they're after him anyway,
off the record, why? Mitchell tells her to go away. She asks him to
talk to her. He tells her she has no right to judge him. Helen says
that's not why she's here, that she's trying to understand why he would
do this. Mitchell says that at first it was just suppose to be some
arraignments, make an appearance, argue for bail, then over time... He
says its a lot of money. He says he started taking trials, cash,
upfront, win or lose. Helen says and then you started throwing cases.
Mitchell says never, never, that he always does the best he can for his
clients, and sometimes he even wins, that there is only one rule, nobody
talks. He says that no matter what the state offers, nobody talks.
Helen says that sometimes that amounts to tanking cases. He looks up at
her, not saying a word. Helen tells him to just give them names.
Mitchell says he's not revealing who his client is. Helen says too
ethical? Mitchell says she can go, he's not talking. Mitchell looks
away. Helen says she was just trying to save the guy and turns to
leave. Mitchell says you really think you saved him? He says that
witness protection doesn't matter, these people will find him. He tells
her she hasn't saved anybody. Helen looks at him then calls for the
guard to let her out. The guard comes, opens the cell door and she
leaves, leaving Mitchell alone in the cell.
Commercial.
Its morning and Lucy arrives at the office for the day. She calls for
Chopper the puppy, but no response. She keeps calling his name as she
puts opens a drawer to put her purse away. But when she opens the
drawer she sees the poor little puppy lying in the drawer, dead. She
screams in horror.
The police, led by Mike McGuire, are all over the office, dusting for
prints, checking everything out. Lindsay is getting near hysterical and
angry. She asks Mike why isn't he picking Hinks up. Mike says they
aren't even sure he... Lindsay cuts im off saying they know, they know
who did this. Mike says to her hold on. Lindsay says you hold on, he
doesn't have a psycho after him. Jimmy asks why can't they bring him in
for questioning. Mike says they can do that. Jimmy says then let's.
Lucy is sitting at Ellenor's desk, her head in her hands. Ellenor is
trying to comfort her. She asks if she's ok. Lucy says no and runs
out. Lindsay looks at her leave. She looks very scared and very near
tears.
Back at Mitchell's cell, the guard is letting Helen in again. This time
the cell door stays open. She tells Mitchell she just came from court,
that she told the judge that she had no good faith belief that holding
him in contempt would result in his telling them the names and that he's
free to go. Mitchell gets up and starts to leave. Before doing so he
stops and tells Helen that he won't begin to defend working for the
people he's working for but this shadow counsel thing, going behind a
defense attorneys back, that's equally unethical, maybe more so. Helen
says no it isn't, and she's sorry he can't see that. Mitchell walks
away.
At the courthouse a hearing is going on for Scott's case. Richard is
arguing that testimony regarding the death of Scott's wife should ne
excluded because they are prior bad acts. Bobby says that's a defense
argument. Richard says its also totally irrelevant who else he might
have killed. Bobby says it goes directly to their insanity defense and
its not irrelevant. Richard says there's always a different angle.
Bobby says he would like to be able to finish his argument. Richard
asks Bobby how he can even stand here today in conscience, why doesn't
he turn around and face the Duvall family, that because of his brilliant
legal maneuvering Scott Wallace got to go back onto the street because
he was able to spin reasonable doubt an innocent man got shot down.
Bobby is standing there getting angrier and angrier. He yells at the
judge that he objects to that. The judge says to Richard to stop it.
Richard says it needs to be said. Bobby turns to Richard, screaming.
He says Richard killed him (Duvall), not him. Rebecca, sitting at the
defense table, sits straight up, as if sensing trouble. Bobby screams
at Richard that he arrested the wrong man The judge tries to stop
Bobby from continuing. But Bobby is not to be stopped. He tells the
judge that he wants to respond to what Richard said. He screams that
Scott lost his wife, and he accused him. He says he took away Scott's
life, his sanity. Bobby yells that Mr. Duvall is dead because of the
Commonwealth of Massachusetts. The judge looks a bit alarmed at Bobby's
tirade. Bobby yells at Richard to not be blaming him, that he killed
Duvall. Rebecca tries to stop Bobby. Quieter, Bobby turns to the judge
and points at Richard saying they killed him. His voice is shaky.
Richard looks shocked. The judge looks concerned. For a few moments
there is silence. Finally, the judge says that he will allow evidence
of the first crime to be introduced but he cautions Bobby that he
advised once before to get off this case because of the inherent
conflicts. He says he reissues that advisement for emotional reasons as
well. He tells Bobby that he can do what he wants to do but he hopes he
knows what he's doing. He then adjourns the court. Bobby just stands
there, looking somewhat in shock himself. Rebecca comes over to him and
tells him to come on, let's go. Bobby just stands there.
At the police station in an interrogation room, William Hinks is being
questioned. He is saying that he is happy to say he's committed
multiple homicides but he wouldn't be caught dead driving a cab. From
the other side of the one-way mirror, Lindsay is watching. Hinks says
that its only duress that he would even hail one, that they all smell of
those hideous little evergreen tree fresheners. Mike asks Hinks where
he was yesterday afternoon. Hinks says he was Belmont, Grove Street
Park walking his dog, looking to meet a new friend. His tone of voice
sounds evil. Mike asks him if he was with anybody. Hinks says no, he
goes alone - in case he does meet that friend. Hinks looks up at the
one-way mirror, seeming to make eye contact with Lindsay.
Outside the interrogation room, Lindsay is following Mike along, telling
him Hinks was lying. Mike says he may have been but... Lindsay says she
saw him, that it was him, she doesn't care if it was a rear view mirror,
it was him. She sounds panicked. Mike says he doesn't know where Hinks
would get a taxi cab. Lindsay is getting hysterical, frustration oozing
from her voice. She again says it was him. She looks at Mike, almost
pleading for help. Mike says he'll talk to the cab companies and see if
any were reported missing. He tells her he'll let her know. She looks
very scared.
Back at the offices of D, Y, D and F, all are meeting in the conference
room. Lindsay has told them the story of Hinks' interrogation. Ellenor
says so basically Mike doesn't believe her. Lindsay says he questions
her i.d., yeah. Bobby says well, they're getting guard - one for here,
another for their apartment. He asks Lucy to take care of it. Lucy
says done, and leaves to do it. Bobby turns to everyone and asks what
the meeting is about. Hesitantly, Ellenor says that the firm has some
concerns, that they all feel it would be best not to represent Scott
Wallace. Bobby quickly says forget it. Eugene says that 2 people here
are witnesses. Bobby says he covered that, that the client waived the
conflicts. Eugene says it isn't just that. Bobby says what is it then,
why doesn't he tell him. Rebecca pipes up and says she'll tell him.
She says he was losing it in court today, that he's too close to this,
he's too emotional. Bobby says he was emotional because his wife is
being threatened by some psycho. Eugene says whatever the reason....
Bobby says he's doing it. Gently, Lindsay tells him that it isn't his
decision. Bobby looks at her as if she just betrayed him. Lindsay says
it should be subject to a partnership vote. He just stares at her. She
says to Bobby that she's sorry, but she agrees with them. Eugene says
that Scott will be served better. Bobby says that Scott Wallace is in a
psychological crisis and he needs an attorney he has a trust with. He
says he can better represent him than any other lawyer. Ellenor says
they should vote. Reluctantly, Bobby says fine. He says all those in
favor of him representing him - only Bobby raises his hand. He says all
opposed. Eugene, Rebecca, Ellenor and Lindsay raise their hands. Bobby
looks around at them, clearly upset. He says the ayes have it and he
gets up and stalks out of the room. Lindsay gets up to follow him.
Back in his office, Bobby walks in, very upset, slamming the door behind
him. He walks over to his desk and leans on his chair. Lindsay walks
in and quietly closes the door behind her. Bobby looks at her and says
to her "Nice ambush, Lindsay." Lindsay says "Can't you see how
emotional you're getting?" Bobby says "I was worried about you for
God's sake." Lindsay walks toward him and says to him "Do you feel
responsible for the shooting?" Bobby doesn't look at her, he just looks
down and doesn't answer her. Lindsay says "Bobby, look. You believed
his wife committed suicide." Bobby walks toward her, saying "I still
do." Lindsay gently tells him "In which case you couldn't possibly
foresee him walking into a meeting with a gun." Bobby says "I know."
Lindsay walks over to him and looks into his eyes and says "You can't
put this thing on yourself, Bobby." Bobby says "I'm not doing that,
Lindsay. Its just..." He hesitates for a moment. He goes on, his
voice sounding very shaky, "I'm the only one who can help him here. I
can't pull out on him now." He looks at her, pleadingly. She looks up
at him, concern in her eyes. Bobby says "You have to let me do it. "
She looks into eyes, then, looking as if she reluctantly gives in, takes
him in her arms and hold him close, as he hold on to her very tightly.
On the dark streets of Boston, Helen arrives at a crime scene. She is
met by a detective. She asks him what happened. He takes her down a
stairwell and tells her it looks like a hit. She says what happened to
witness protection. They walk down an alley way. The detective says
what? Helen says he was supposed to be in witness protection. She
obviously thinks the victim is Kevin Macklin. The detective says no one
told him anything about that. At the end of the alley there is a body
covered with a blanket. A policeman uncovers it to show Helen. The
victim isn't Kevin Macklin, its Mitchell Reese. He's lying there, eyes
opened, blood coming from his mouth. The detective says they say he
sued to be a D.A.. Helen is shocked and upset. She can't believe what
she is seeing. She starts to hyper-ventilate and keeps muttering "Oh my
God, Oh my God." The detective asks her if she's ok. She just keeps
looking at Mitchell in horror. Helen turns and walks back up the alley
way and the stairs. When she reaches the street, she holds onto the
stair railing as if she needs it to hold herself up. She is trying very
hard not to lose it but the more she tries, the harder it seems to get.
Finally, she breaks down and starts to cry, feeling the loss of a
ex-lover, the sorrow that what he did came to this, and perhaps, a
little guilty if she had any hand in what happened.
The end.
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