Written By: David E. Kelley

We open with Jimmy in Richard Bay's office. Richard is telling him what
will happen at the trial of Scott Wallace. He tells Jimmy that he will
be going up first. He says he also may be batting clean-up. Jimmy says
ok. Richard says he will basically be just asking him what he saw and
that contrary to popular opinion he does not supply the answers for his
witnesses. He then says that this may be a little delicate but he asks
Jimmy if he realizes that the lawyer who will be cross examining him
will try and leave him in the shape of a pretzel. Jimmy says how long
does he figure to keep him up there. Richard says it should be pretty
short. Richard sort of takes a deep breath and then says to Jimmy that
he assumes he has no conflict and will continue to give a truthful
account. Jimmy says, somewhat sarcastically but somewhat seriously,
that of course he has a conflict, his boss is opposing counsel, he'll be
testifying against a former client, in his life he will probably never
know a bigger professional conflict. Richard says but he's prepared to
tell the truth. Jimmy says that's why he's here. Richard says ok, then
he says to Jimmy that he might know Bobby Donnell, he might be friends
with him, but being cross examined by him is a different experience, one
that he might .... Jimmy cuts him off, saying firmly that he can handle
Bobby.

Back in the offices of Donnell, Young, Dole and Frutt, Bobby is working
late on the Scott Wallace trial. Eugene comes in and Bobby immediately
gets defensive, saying for him to forget it and besides its too late
now, the trial starts tomorrow. Eugene says then let him do it. Bobby
says that the only reason that the judge signed off on the conflict is
the unique trust that Scott shares with him. Eugene says with this
firm. Bobby says no, him. Eugene says that this could splinter them,
Jimmy, Ellenor ..... Bobby says they've been through this. Eugene says
then for Scott Wallace's sake, that Bobby has been erratic. He tells
him he's his friend and his partner, trust him when he tells him he's in
no emotional shape to be trying this case. Very firmly, Bobby tells
Eugene he is trying this case - end of discussion. Eugene just looks at
him, knowing he's lost his appeal.

Opening credits.

The next morning Eugene, Lindsay and Lucy are in the office around a
t.v. set. A reporter is outside the courthouse saying that the decision
to even allow Bobby Donnell to represent Scott Wallace in this case has
drawn considerable fire from judges, prosecutors and defense lawyers
alike. Bobby and Ellenor walk in from Bobby's office. Bobby picks up
the remote control and turns the television off. He asks if Rebecca
called. Lucy says yeah, she just left the clerk and they're on time.
Lucy goes back to her desk. Jimmy walks into the office and asks Bobby
if he's all set. Bobby looks at him, as if apologizing for what may
come. Jimmy says what, they shouldn't go over together because they're
on opposite sides? Bobby says to him that he has to promise - no hard
feelings. Jimmy says how many times does he have to say that. Bobby
says he will have to go after him. Jimmy says he understands that.
Bobby says he will get him, he'll embarrass him, does he get that?
Jimmy says, a bit defensively, what is this, one of his intimidation
tricks? Bobby says he's not trying to intimidate him, that he just
doesn't want this trial to jeopardize their friendship. Jimmy, getting
a bit angry, says that if Bobby gave a rat's ass about their friendship
he wouldn't be on this case. Lindsay, trying to stop something before
it goes too far, says all right. Jimmy turns to her and says no, then
turns back to Bobby and says, let's be honest, his involvement here is
mandatory, just like Ellenor's. He says they're material witnesses. He
tells Bobby that the only one with a choice here is him. Bobby says he
didn't choose, that Scott Wallace isn't in a psychological place to
trust another attorney. Jimmy talks over him saying yeah, yeah, yeah.
Lucy says look at them both, they're already at each other's throats.
Bobby says he's not at anybody's throat, that he is just saying (to
Jimmy) that what he does in that room is purely professional and he
should please not take it personally. The phone rings and Lucy answers
it, but she only gets as far as Donnell, Young, Dole ... when a
concerned look comes over her face. She asks when. She asks if she's
ok. She looks very upset. She then says she'll let her know and hangs
up. Everyone is looking at her. She looks over at Lindsay and says
that Jeannie Reynolds had a heart attack. Bobby looks at Lindsay
concerned. Lindsay in disbelief says what? Lucy says she's in the ER
at Mass. General. Without hesitation, Lindsay gets up, grabs her purse,
and walks out. Lucy gets up, looks at Bobby and says that she'll go
with her and leaves.

Lindsay and Lucy hurriedly walk into the waiting room in the ER of
Massachusetts General Hospital. Lindsay look around and then sees an
older woman who she walks up to. The woman greets Lindsay. Lindsay
asks if she's ok. Sounding worried, the woman says that they don't know
yet. Lindsay turns to Lucy and introduces her to the woman, Jeannie's
mother Maryann. Maryann says that Jeannie was suppose to drive her to
the airport this morning but she didn't show and she couldn't get her by
phone so she went over to her apartment and she was just lying on the
bed and she wasn't breathing. Lindsay asks if she had a pulse. Maryann
says that the paramedics she think got something. She says she doesn't
even know how long she had been lying there. Lindsay asks if she had
ever had any heart problems. Maryann says no, that she's in her 30's
for God's sake. She says what 30 year old has a heart attack? Lindsay
looks as if she's asking herself that same question.

In the courtroom at Scott Wallace's trial Jimmy is on the stand, Richard
is questioning him. Bobby, Rebecca and Scott Wallace are sitting at the
defense table. Jimmy is recounting what happened that fateful night in
the conference room at his office. He is saying that they were trying
one last time to negotiate a settlement, he says that Mr. Duvall was
also a friend of Scott Wallace so they figured it was worth a try.
Richard asks if he can describe what transpired at the meeting. Jimmy
says Mr. Duvall told Scott that he wouldn't rehire him and that Scott
began to get upset. He says that Scott felt particularly betrayed by
Mr. Duvall because they were friends. He says Scott claimed his life
was ruined and that Mr. Duvall was the first to abandon him. Jimmy says
that then suddenly he pulls out a gun and looks for a second like he's
going to kill himself, that he even pointed the gun at himself. Richard
asks what happened then. Jimmy says that Mr. Duvall tried to talk him
out of it saying that suicide wasn't the answer. Jimmy says Scott said
something like you're right and he then pointed the gun right at Mr.
Duvall. Richard asks if Jimmy could describe Scott Wallace's demeanor
at this point. Jimmy says he was angry, he wasn't like in despair.
Bobby objects, saying foundation. The judge overrules the objection.
Richard tells Jimmy to go ahead. Jimmy says Scot wasn't talking crazy,
he was actually giving these clever little answers. Richard asks him
what he means. Jimmy says that when Scott had the gun on himself, Mr.
Duvall said ... Bobby says hearsay. The judge overrules the
objection. Jimmy continues, saying that Duvall said suicide wasn't the
answer and Scott said how would he know - the last time he killed
himself it didn't work out? Jimmy says then after Scott shot Duvall he
turned to Ellenor Frutt and himself, all calm, and said bet you're glad
I ran out of bullets. Richard asks Jimmy if in his observation was this
man acting in conscious control ...... Bobby objects, citing
foundation. Richard says he's asking a lay opinion of someone who was
in the room. The judge says he will allow it. Richard continues,
asking Jimmy if when Scott fired that gun and killed Harry Duvall, did
he appear to be in control of himself. Jimmy says that in his lay
opinion, this was not a man who snapped, that he thinks he only pointed
the gun at himself to make it seem as if he were out of control. Jimmy
says that when Scott shot Harry Duvall, to him it looked like an ice
cold execution.

Back at the hospital, a worried Lindsay sits with Jeannie's mother
Maryann and Lucy. The doctor comes out and they all stand up. He comes
over to Maryann and says softly that he's sorry but the coronary was
just too massive. Maryann shakes her head in disbelief and cries please
God no. The doctor tries to comfort her. Lindsay also stands there in
disbelief. With her voice cracking she asks the doctor if he's sure it
was a coronary. Lucy puts her hand on Lindsay's shoulder comfortingly.
Maryann sits down, crying. Lindsay sort of slumps back down, almost as
if in shock, and trying to hold back her own tears, tries to comfort
Maryann. She looks as if she doesn't believe Jeannie died of natural
causes.

Back at the courthouse, Bobby gets up to question Jimmy. Bobby asks him
if he has any psychiatric training. Jimmy says no he does not, that he
said it was in his lay opinion. Bobby asks him what was going through
his head when Mr. Wallace first pulled out that gun. Jimmy says at
first when he put the gun to his head he thought he was going to try and
kill himself. Bobby asks him if he tried to stop him, did he do
anything. Jimmy says no, he thinks he kind of froze. Bobby asks if he
said anything. Jimmy says he doesn't really remember if he said
anything or not. Bobby says he remembers things Mr. Wallace says but he
doesn't remember what he said? Jimmy says he doesn't remember if he
said anything. Bobby asks if that means he didn't say anything or that
if he did he just doesn't remember. Jimmy says he didn't say anything.
Bobby says why not, his own client was apparently about to take his own
life and he didn't even try to dissuade him? Jimmy says he thinks he
was a little bit in ... He catches himself and then finishes his
sentence by saying he was surprised. Bobby says he was about to say he
was in shock. Jimmy says he wasn't in shock, he was caught by
surprise. Bobby asks why he didn't do anything, that he could have said
something, he could have tried to restrain Mr. Wallace, he could have
left the room, but instead he did nothing. Jimmy says the man had a
gun, he wasn't going to rush him. Bobby says why, was he in fear for
his own life? Jimmy says a little, sure. Bobby says so he was in fear
when all this happened. Jimmy says yes. Bobby asks Jimmy if he has
ever been shot himself. Jimmy is taken aback. Richard objects, citing
relevance. Bobby says he's attempting to show that this witness was in
shock, that he had previously been a shooting victim himself and when he
saw the gun .... Richard says now he's testifying. The judge says that
that objection is sustained, the first one is overruled. Bobby
continues, asking Jimmy where he was shot. Jimmy says in his
mid-section. Bobby says he almost died, didn't he. Jimmy says that has
nothing to do ...... Bobby repeats that he almost died. Jimmy is
glaring at Bobby. He say yes. Bobby says that he still has nightmares
over being shot, doesn't he. Jimmy says yes. Bobby asks if he ever
sought therapy for that. Jimmy says no. Bobby says has he ever talked
about these nightmares with family or close friends. Jimmy says no.
Bobby says he gets shot and almost dies, he has recurring dreams and he
doesn't talk about it to anybody? Jimmy says no. Bobby asks why not.
Jimmy says there's no need to, its something he can deal with himself.
Bobby says its something you can deal with yourself, and if someone
pulled out a gun in front of him today, he doesn't think that his powers
of observation would be at all compromised by your own personal
history? Jimmy says no he does not. Bobby says that when someone goes
to kill himself or somebody else, is it his normal, clear-headed
reaction to neither do anything nor say anything? Jimmy says its how he
reacted in this situation, yes. Bobby says that since all this
happened, does he have nightmares thinking that maybe if he had done
something or said something that maybe Harry Duvall might still be
alive, has he been haunted at all by that? Jimmy says no. Bobby says
gee to let another man be killed. Richard says objection. Bobby goes
on saying to Jimmy that he was in shock, wasn't he. Jimmy says no, he
was not. Bobby says no, and it really doesn't bother him that he didn't
do anything? Richard objects again. Bobby, staring straight into
Jimmy's eyes, says withdrawn. They just stare at each other for a few
seconds and then Bobby says softly nothing further and then returns to
his seat. Jimmy just stares after him.

Commercial.

At the police station, Mike McGuire is walking through followed by a
determined and clearly upset Lindsay. She is telling him it was not a
heart attack that killed Jeannie and it doesn't matter what the doctor
says. Mike stops and turns to Lindsay. Lindsay says a woman in her
30's doesn't suddenly just turn up dead. She says it was William Hinks,
she knows it. Doubtful, Mike says what did he scare her into having a
coronary? Lindsay asks Mike if he tested for because if she was
poisoned... Mike tries to stop her, but Lindsay goes on, saying he
should at least order an autopsy. Mike says her mother is resisting
that and without any evidence of foul play .... His voice is kind, but
its clear there is little he can do. Frustrated, Lindsay says Michael,
she was treating a serial killer. Mike says this wouldn't fit his
pattern. Lindsay, getting more frustrated, says she knows but doesn't
he think its a bit of a coincidence? Mike again tries to stop her but
all he gets out is her name. Lindsay goes on saying she knows he did
it, he killed her. She looks up at him with fear and sadness in her
eyes, looking almost as if she is going to cry. This clearly gets to
Mike. He thinks for a moment and then says "I'll tell you what. We'll
dust her apartment and search it as if it were a crime scene." Calmer,
Lindsay asks what about the autopsy. Mike says she'll have to get the
family to agree to that. Lindsay sighs, relieved that at least
something is being done, but knowing so much more needs to be down to
prove William Hinks killed her friend.

Back in the courtroom, Ellenor is on the stand being questioned by
Bobby. She is saying that she completely disagrees with Mr. Berlutti's
account. Bobby asks how so. Ellenor says that from her observation,
Scott Wallace was extremely erratic, though she is no psychologist, she
believes he was going to take his own life and then he suddenly turned
the gun on Mr. Duvall. Bobby asks if she could describe his behavior
physically. She says yes, that he was trembling, shaking, his eyes were
closed when he had the gun to his head and then he started to rock up
and down on the balls of his feet. Bobby asks what she did at this
point. Ellenor says tried to stop him, reason with him, but he just
screamed at her and told her to shut up. She says he screamed it at her
like he was some kind of a madman. Bobby asks what he was like when he
turned the gun on Mr. Duvall. Ellenor says his eyes had this blank,
foreign look, that she thinks mentally he was gone at that point. Bobby
then asks her what about Jimmy's behavior. Ellenor says that seemed
very odd as well. She says he just sat there, that when Scott pulled
out the gun they all jumped up except for Jimmy and he just sat there,
frozen like he was catatonic. She says she thinks he went into shock.
Its Richard's turn. He starts by repeating words Ellenor used in her
testimony - erratic, catatonic, madman, shock - he says they're a lot of
clinical buzz words. Ellenor says she said she was no psychologist,
that she testified as to what she saw. Richard says that in addition to
being a witness, Scott Wallace is also your client. Ellenor says former
client. Richard says that he continues to be a client of her firm.
Ellenor says it doesn't compromise the truth of her testimony. Richard
asks her if she could respond to his question. Ellenor says she is
responding to his implication. Richard says yes or no, Scott Wallace is
a client of her law firm. Ellenor says yes. Richard says and she has
personally been his lawyer. Again she answers yes. Richard says and
Bobby Donnell is the senior partner of your law firm. Again, Ellenor
says yes.

Back at the hospital, Lindsay is talking to Jeannie's mother, trying to
convince her to authorize an autopsy. Lindsay is telling her about
William Hinks, saying that he is ingenious, that she just can't rule out
the idea that somehow he's involved. Maryann asks wouldn't the doctors
have been able to tell that. Lindsay says yes, with an autopsy.
Lindsay says that on the face of it there doesn't seem to be any foul
play, but she just.... Maryann says that the idea of cutting her up...
She shakes her head. Lindsay doesn't give up. She says that Hinks is
meticulous. She pauses, looking for the words that will convince
Maryann. Finally she says that if she was killed there isn't likely to
be any evidence in her home. She says to Maryann that even with just the
possibility that she was killed.... Maryann says that Lindsay is the
only one suggesting the possibility that she was killed. Lindsay tells
her that an autopsy could be done in a day, maybe two. He eyes are
pleading with Maryann. Maryann looks at her, but says nothing. Lindsay
says that she just has a strong feeling that... Suddenly someone
catches her eye. She looks up in disbelief at William Hinks sitting in
the back of the waiting room. She stares at him for a moment and then
gets up, not saying a word, and walks over to him. Maryann watches
her. Hinks stays seated, just staring at Lindsay with those evil eyes.
She looks at him with anger. He rises. For a moment, the two of them
just stare at each other. Finally Hinks says "certainly you can't
expect that restraining order to apply here. I heard that Dr. Reynolds
had a medical emergency and I came down. I had no way of know that
you'd be present." Lindsay glares at him. She looks him right in the
eyes and asks "Did you kill her?" Hinks looks almost insulted. He says
"That hurt my feelings." Angry, Lindsay takes a step forward. She is
right in his face and repeats "Did you kill her?" Hinks looks down at
her and says "In that you ask me such a question within earshot of
others I have a cause of action for slander." Still glaring at him
Lindsay says "Why don't you sue me." Hinks seems pleased with that
thought and says "What a delightful idea! Be tough to enforce that
restraining order then, wouldn't it, with us inextricably in a lawsuit
together." Lindsay glares at him and starts to walk away. She only
gets a few steps away when Hinks says "By the way" Lindsay stops at
looks at him. Hinks goes on "I don't poison. I cut off heads." [My
note: How did he know she was poisoned? That is what the autopsy is to
show.] Lindsay glares at him again and walks back to Jeannie's mother
who has been watching her, Hinks staring at her the entire time.
Lindsay tells her that's the man she thinks killed her daughter.
Maryann takes another look at Hinks, who is still standing there staring
at Lindsay. Lindsay says pleadingly "Please request the autopsy."
Hinks just stands there and stares.

In the hallway at the courthouse, Eugene is visiting. He asks Rebecca
how Bobby is doing. Rebecca says actually he seems to be doing pretty
great, that he's in control, that he had Jimmy for lunch. Just then
Jimmy appears. He heard what she said and can't believe it. Jimmy says
he didn't have him for lunch. Rebecca says she's just trying to be
optimistic about the case. Jimmy is angry. He says he thinks Bobby did
terrible, that he strayed so far off course with him that he looked
desperate. Rebecca says, not wanting to get into anything with him,
that he could be right. Jimmy goes on, saying that Bobby didn't have
him for lunch. Just then Bobby walks up to them and tells them they
have to go back in. He sees Jimmy and says still friends, right? Jimmy
says he didn't touch him, all that stuff about his getting shot and how
that affected him, that was stupid, does he think a jury is going to
fall for that? He says it was desperate and walks away. Bobby then
turns to Eugene and asks what he's doing here. Eugene says he's just
checking in and asks if he needs anything. Bobby says no, he's fine and
he and Rebecca return to the courtroom. Eugene watches him, wondering
if he really is fine.

Back in the courtroom, Scott Wallace is on the stand. He sits sort of
slumped sort of sideways in the chair. Eugene watches from the
gallery. Bobby is questioning him. Scott is saying in a sort of
halting voice that when Duvall started saying that he could have his job
back he just sort of felt the blood rush to his..... he said he could
pity him after that. Bobby says the gun was in his briefcase, why did
he put a gun in his briefcase that day. Scott says well many reasons,
if you walk around with a holster people look at you funny. Scott sort
of chuckles, but no one finds this amusing. Bobby tells him they need
for him to be serious here. Scott says serious is working less well for
him these days. Bobby asks him if when he packed the gun in his
briefcase, did he plan on killing Harry Duvall. Scott says no, that he
planned to kill himself, or a stranger... His voice trails off. Bobby
says a stranger? Scott says that when he first put it in the briefcase
he thought he was going to kill somebody, probably somebody just passing
by. Bobby asks why. Almost snickering, Scott says why not. He says
what happened to him he lived his whole life, don't drink and drive,
work hard at school, be good to your parents, he jumped through all the
right hoops, and it doesn't matter, does it, its all so arbitrary. He
says he picked up the gun and he wanted the power. He is rambling. He
says he thought it would be a stranger, right there on the street and
boom - he mimics holding a gun - and he would look into his eyes and see
that why me look in somebody else's. Bobby says then you thought you
would kill a stranger. Almost muttering, Scott says he doesn't know,
probably just kill himself. Bobby asks when he pulled the gun out?
Scott says it was to kill himself, that when he offered him his job back
and when he tried to be a hero, he didn't want him to think that, he
didn't want him to strut with the idea that he was a good friend and
then he just felt hot and the next thing he knew he was recoiling like
he had been shot and then he realized that he was shot and that he was
the one who had shot him just .... He makes a noise as if firing a gun
several times, his fingers pretending to be a gun. He stops. No one
says a word. No one moves a muscle.

Back at the office, Rebecca is recounting Scott's testimony to Eugene,
Ellenor and Lindsay. She says no one moved, that she thinks they were
all glad he didn't have his gun up there on the stand. Eugene asks if
Bay crossed. Rebecca says tomorrow morning. Lindsay says, concerned,
so Bobby's been ok? Rebecca says she thinks he's been perfect, that
he's focused. Ellenor asks what he's doing now, indicating he's in his
office. Rebecca says he's in there with the shrinks, which is where she
should be. As she starts toward Bobby's office, the door opens and Mike
walks in. Upon seeing him, Lindsay rushes over to meet him. The look
on his face says he's found something. He says to her ok Lindsay you
were right. Sounding a bit frightened, Lindsay asks what. Mike says
Jeannie was injected with liquid nicotine, that it simulated all the
conditions of a heart attack. He says they searched her apartment and
they found 2 hairs and they're running the DNA analysis as they speak.
Not looking too happy about being right she says so she was murdered.
Mike says she was murdered. Lindsay eyes are brimming with tears and
the fear in them betrays her stoic exterior.

Commercial.

Lindsay is walking out of Bobby's office with Bobby behind her. She has
seemingly filled him in on the latest developments concerning Jeannie's
death and William Hinks. Lindsay is telling Bobby she is fine. He
tells her not to keep telling him that. There is an edge of fear in his
voice. Lindsay says to Bobby that there is a guard outside and the
police are picking HInks up. Bobby says until Hinks is in custody the
guard goes with here everywhere. Lindsay nods her head, not fighting
this protection. Lucy pipes up that she wants a guard too, that Hinks
knew her address and he look at her as if he were attracted. Bobby
tells her she can have a guard too. Rebecca, briefcase in hand, tells
Bobby they have to go. Bobby looks at Lindsay and says to her
everywhere she goes, warning her to not go anywhere without the guard.
As he and Rebecca go to leave, Jimmy comes in. Bobby says good morning
to him. Jimmy doesn't stop or look at Bobby but grumpily says good
morning back. Bobby stops for a moment at the door and looks at Jimmy
and then leaves.

JImmy goes to his desk and opens his briefcase. Sensing the tension in
the air, Ellenor exchanges glances with Lindsay, gets up and walks over
to him. Gently she says to him that he does seem to be taking this
personally. Jimmy tells her he (Bobby) made it personal. Ellenor says
Bobby was defending his client. Jimmy defensively says that his
personal history has nothing to do with this case and she knows it.
Ellenor says that actually she doesn't know it, that she thinks Bobby
raised a legitimate question. Very defensively, Jimmy says he doesn't
want to talk about it. Ellenor, very gently, says that his not wanting
to talk about it goes straight to the question. Jimmy turns his
attention back to his briefcase.

Back in the courtroom, Richard is questioning Scott Wallace. He says to
Scott that his testimony was very powerful. Sarcastically, Scott thanks
him and tells him that he aims to please, and of course to shoot. Bobby
looks down, knowing no one will appreciate the misplaced humor. Richard
goes on saying that he was most struck by his anger. He says to Scott
that he's a very angry man, isn't he. Scott tells Richard that he
seems to have a firm grasp of the obvious. Richard says yes, and what
is most obvious is that he just happened to shoot the man he was most
angry at, "What a coincidence.". Bobby objects, the judge overrules the
objection. Richard then asks Scott how he got to the meeting that
night. Scott says he drove. Richard asks him if he stopped for all the
traffic lights on the way over. Scott says he doesn't remember.
Richard asks him if there were any accidents or incidents on the way to
Mr. Donnell's office. Scott says no. Richard asks him how he was
dressed. scott says he wore a suit. Richard asks if he was on time for
the meeting. Scott says yes. Richard says that if the meeting had gone
well and Mr. Duvall had given him his job back would he have shot him.
Bobby objects, citing speculation. The judge sustains the objection.
Richard goes on, asking Scott if he is remorseful for shooting Harry
Duvall. Scott just sits there with this strange smile on his face. He
doesn't say a word. Richard points to the gallery and says to Scott he
knows Sarah Duvall, Harry's wife and his 3 children who are sitting
right there. He says Scott has just sat up there talking about shooting
a husband, a father of three. The smile is leaving Scott's face.
Richard says he talked about killing him with all this righteous
indignation. He tells Scott to look at Harry's family and tell them how
powerful it made him feel to be arbitrary. Rebecca asks Bobby if they
should object. Bobby says no. Richard goes on with his speech, telling
Scott to explain to them how unfair life has been to him, that he's sure
they'll understand. Sarcasm is oozing from his every word. Richard
says maybe he can even give them some advise, tell them they'll feel
better if they just go out there and shoot somebody themselves. Looking
down and in a very quiet voice, Scott says he doesn't feel like talking
anymore. He just keeps repeating, just above a whisper, I'm not going
to talk, I'm not going to talk.

At the police station, Mike is questioning William Hinks in an
interrogation room. He tells him he is going to talk. Hinks stands and
says he has something to say but it will be to a judge when he files a
claim for harassment, false imprisonment. He asks if this will be the
last arrest or can he expect others. Helen and Lindsay are watching
from the adjacent room through the one way mirror. Mike says he wants
to know where he was 2 nights ago. Hinks says very sarcastically that
he thinks he was home alone watching "Taxi". Mike, losing patience,
leans forward and asks him if he thinks that's funny. Hinks says that
he finds that humor is all about knowing your audience. He says that
while the joke may be lost on Mike he is sure that - he turns to face
the one way mirror, that Lindsay is about to find herself in stitches.
Lindsay looks terrified, eyes wide. Hinks walks toward the mirror. he
says, speaking to the unseen Lindsay, you don't think I know you come in
to watch? Lindsay looks at him with fear in her eyes. Helen looks at
her, concerned. HInks goes on saying that people always know when
they're being watched, she of all people should know that. His evil
little smile breaks out across his evil little face.

Back outside the interrogation room, Mike tells Lindsay and Helen that
he can't hold him. Lindsay can't believe it. he tells her he has no
evidence, that the DNA didn't check out, that it was someone else's
hair. Lindsay says you already know. Mike nods his head. He says they
can't place him at the scene. Helen says unless he planted somebody
else's hair which is starting to happen now. Mike says maybe he did but
they have nothing to implicate him. He says to Helen that she's the
D.A. - give him some advise here. Helen can say nothing. With panic in
her voice, Lindsay says so he's walking back out, that he basically told
her she's next and out he goes? She is clearly terrified. Helen looks
at her helplessly.

Back at the courthouse, Rebecca and Bobby are in a room. Bobby, getting
extremely upset, is talking to Lindsay on his cell phone. He's asking
what about the threats, can't they hold him on that? Rebecca is
listening, wondering what is going on. Frustrated, Bobby tells Lindsay
to put Helen on the phone. He asks Helen how overt do they have to be?
He asks Helen how long do they have to wait, until Lindsay.... She has
apparently cut him off. He yells at her to not tell him to calm down
and to not tell him that there is nothing she can do. He is clearly
scared. He tells Helen to go out and plant some evidence if she has to,
that she's the police. Rebecca cautions him. He hangs up from Helen,
hits his speed dial to immediately place another call. It is Lucy on
the other end. He tells her to call Alan Neel, get him in his office
this afternoon and tell him its an emergency. He hangs up. Rebecca
asks him what happened. He says in a very agitated manner that they
released Hinks, that there was no evidence. He turns to leave but
Rebecca stops him. She asks him if he's ok to go in there, that she can
do direct on Murphy. Bobby says that he can do it, but he is clearly
still very upset. Rebecca says ok but to take a breath. Bobby says he
can do it, Rebecca orders him to take a breath. He obediently takes a
deep breath.

Back in the courtroom, Dr. Murphy, Scott Wallace's treating
psychiatrist, is on the stand. He is saying that you can't judge his
sanity by the single act of the crime. He says that you need to
consider his whole psychiatric data base. Bobby asks him what that
means. Dr. Murphy says basically his prior mental history, that he had
been experiencing deep clinical depression, that he had been exhibiting
symptoms of psychosis, seeing spots, sleeplessness, paranoia. Bobby
asks him what about when he pulled out the gun. Dr. Murphy says that in
his opinion that was the culminating psychotic act, that he had lost the
ability to be responsible for his actions.

Richard is questioning him now. He asks if Dr. Murphy is saying that if
a person is depressed or sees spots that that's a precursor to his
becoming homicidal. Dr. Murphy says of course not, that he's saying
that it this case it was a precursor. Richard says that with all this
psychosis did he ever recommend that Scott be committed? Dr. Murphy
says no, but he wished he had. Richard says that Mr. Wallace had the
presence of mind to select his victim when he shot Mr. Duvall instead of
his lawyers. Dr. Murphy says that doesn't mean it wasn't a psychotic
act. Richard says that no one is denying the psychosis, that the
question is whether or not Mr. Wallace could appreciate the nature of
his act, that he selected the victim who angered him, that he knew to
stop shooting when he ran out of bullets. Dr. Murphy asks Richard if he
is making up his own test. Richard tells him that he certainly feels
free to make up his. Bobby objects, the judge sustains the objection.

Richard now has another psychiatrist on the stand. He is saying that
the fact that Scott could demonstrate victim selection is proof to him
that he knew exactly what he was doing. Richard asks even if his acts
were irrational? The doctor says every murder is irrational, and that
this man exhibited enough rational thought to plan this, he brought a
gun to the meeting, that its premeditation and preparation

Its night. Rebecca is meeting with Scott at the jail. She is telling
him that the psychiatric testimony was pretty much a wash. Rebecca says
that the good thing is that in Massachusetts the burden is on the
prosecution to show that he's sane, that they don't have to prove that
he wasn't. Scott says she makes it all sound so optimistic, that he
could almost lose sight of the fact that insanity defenses are
successfully in only one quarter of one percent of all case. She tells
him that with his attitude their chances are even worse than that. He
stands up and says that if he gets convicted here he'll go back to a
society where there are even bigger pariahs than him. Rebecca tells him
that if he's even remotely looking forward to that he's every bit as
insane as they're cracking him up to be. He turns to Rebecca and
sounding very scared asks her where Bobby is. She tells him he's
working on his closing.

Back at the office, Bobby is leading a very big man into his office.
The man - Alan Neel - tells him he's impressed that business must be
good. Bobby closes the door, saying that they get by. Neel says to him
that he hears Bobby is married now. Bobby says yeah, which is the
reason he called. He sounds a bit nervous. Neel says you want me to
kill her. Emphatically, he says no he does not want him to kill her.
He says that she is being threatened and her life could very well be in
danger. Neel asks from who. Bobby says his name is William Hinks, that
he's a serial psycho head chopper who they just successfully got
acquitted. He says that now he's obsessed or something with Lindsay.
Neel shrugs his shoulders and says $50,000 cash up front. Bobby
emphatically says he's not hiring him to.... He says he just wants him
to scare him. Neel says scare him? Bobby says the police have tried,
the D.A. has tried, but the problem is he knows there is only so much
they can do. Bobby says he wants Hinks to hear it from somebody he
thinks might actually hurt him. Neel says he's really worried huh?
Bobby, sounding very scared, says "We're talking about my wife, Alan. I
mean this guy is sick. We think he just killed his therapist." Neel
thinks for a moment and then says does Bobby remember he said this day
would come. Bobby looks at him, not knowing what Neel is talking
about. Neel says it was when he was looking at double consecutives and
he got him off, that he told him that someday he would need him just
like he needed Bobby, that he also said he would deliver - does he
remember that? Bobby steps up to him, looks right into his eyes and
says with every ounce of conviction he has in his body "Put the fear of
God into him, Alan." Neel asks him if he has an address. Bobby says
yeah he has it written down and reaches into his pocket for it, handing
a paper to Alan. Just then, Lindsay opens the door and says Bobby?
Upon seeing he's with someone she says she's sorry. Bobby tells her
he'll be right out, she walks away and he shuts the door behind her.
Neel point at the door questioning if that's Bobby's wife. Bobby says
yeah. Neel keeps staring after Lindsay and says pregnant even and tells
Bobby he'll take care of it. Bobby says thanks and Neel leaves. Bobby
stands there, looking a little nervous about what he's done but knowing
he had to do something to protect the wife he loves so much.

Commercial.

Its the next morning and its time for closing arguments in Scott
Wallace's trial. Bobby is up first. Bobby says that Scott had been
diagnosed long before the shooting, that he had been suffering from twin
positional emotional traumas - his wife's death and his being accused of
it. Bobby says that Scott had been on the edge of a psychotic break for
which he was hospitalized. He says this isn't a case of lawyers and
doctor's finding a disorder after the event. He says Scott Wallace's
mental condition was pre-existing and diagnosed months before. He says
Scott had been on the edge - Karen's death, the arrest, the conviction,
prison, the appeal, the second trial, he had been living all that while
suffering clinical depression and he finally lost it that night with
Harry Duvall, just like Dr. Murphy told him he would. Bobby says that
the jury heard 7 different experts, psychologists. forensic
psychiatrists, they all told them to a medical certainty that Scott
Wallace had a psychotic breakdown. Bobby says they don't have to get all
bogged down in medical jargon, that the test of legal insanity comes
down to was Scott Wallace able to conform his behavior to the
requirements of the law. He says to answer that question you only need
to ask yourself this: even if the Boston police had been right there in
the room with him that night, would he have still shot Harry Duvall. He
says they all know the answer to that question and its yes.

Its Richard's turn. He says that Scott didn't just pull out a gun and
start firing, he shot the man who wronged him, after planning it, after
packing a gun in a briefcase to conceal it. He says that this was a
reflective choice. He says that for every psychiatrist that the defense
put up there to declare him insane, they put up 2 to say he wasn't.
Richard says that this is a man who when he gets angry acts on that
anger. He says that's why he was charged with his wife's murder for
which he was convicted at first. he says that's why even his close
friend Harry Duvall knew him to be a murderer and that's why his own
lawyer who was in the room at the time, who saw it, he knew it to be a
cold blooded act of execution, and he told you that.

Back to Bobby. He says that Jimmy Berluti was a previous gun shot
victim himself, that he froze when Scott Wallace pulled out that gun,
that his powers of observation were paralyzed, that he didn't even do
anything to try and stop either the suicide or the homicide. Bobby says
that the other eyewitness, Ellenor Frutt, told you Scott Wallace
snapped. He says he pulled that gun out to kill himself and then he
went blank. Bobby says as Scott Wallace himself told you, then next
thing shots were being fired, Harry Duvall was being hit. Bobby says
that Scott Wallace was mentally gone.

Back to Richard. He says that he would submit that every murderer has
to be a little bit mentally gone to commit a homicide, but that doesn't
mean we excuse it. He says that Scott Wallace was fed up, that he had
had enough and now it was time to get even. He says revenge may be
motive but its no defense.

Back to Bobby. He says can they prove Scott was sane beyond a
reasonable doubt. Bobby says no, they don't prove sanity beyond a
reasonable doubt. He puts great emphasis on the words beyond a
reasonable doubt, trying to drive them home to the jury.

Richard again. He says there was intent, preparation, victim selection.

Bobby again. He says Scott snapped.

Richard: He chose.

Bobby: He was insane.

Richard: He was angry.

Bobby: Not guilty.

Richard: Guilty.

Bobby: Could he appreciate the wrongfulness of his conduct? That's the
question.

Richard: Could he appreciate the wrongfulness of his conduct? That's
the question. The inflection of his voice clearly asking for a
different answer than Bobby's.

Back at the office, Helen has come to fill Lindsay in on the latest
regarding William Hinks. She tells Lindsay that there are no witnesses
placing him near Jeannie's house. A very nervous sounding Lindsay asks
what about the hair being planted. Helen says that a lot of criminals
are taking advantage of DNA evidence now by leaving a strand of someone
else's hair of a drop of someone else's blood. She says Hinks is
certainly smart enough. Lindsay says Hinks is a suspect. Helen says
yes he is. She tells Lindsay they're on it. Lindsay asks if they can
follow him wherever he goes. Almost sighing, Helen says they really
can't do that. Lindsay looks disappointed and fearful. Helen says
truthfully she thinks it was a mistake for her to try and scare him.
She says that with some of these psychos you scare them and they just
get worse. Lindsay looks terrified and near tears.

A door to a house opens and in walks William Hinks. He puts down a
briefcase, shuts the door and tosses a newspaper and his keys on a
table. Out of the other room a deep voice asks "William Hinks?"
Startled, Hinks looks. He sees Alan Neel sitting there, waiting. They
just stare at each other for the longest time, not saying a word. And
then, that evil little smile of Hinks' appears........

Back at the courthouse, Rebecca, Bobby and Scott Wallace sit nervously
awaiting the jury's verdict. Scott tells Bobby he tried a great case.
Bobby says thanks. Scott says he knows he could have been more help,
that he should have flapped his arms or something. Bobby looks at his
friend and ask "Don't you care Scott?" Scott says nothing. Finally he
looks at Bobby and says that when he lets himself care, that's when he
gets hurt, you know BOOM!! Rebecca and Bobby both jump. Scott smiles
and says kidding. Scott thinks for a moment and then says that he
started to go crazy because they were calling him a murderer, they said
he killed his wife and look what happened. He says he became one, he
shot Harry Duvall and turned into exactly what they were calling him.
Bobby gently tells Scott he's not a murderer. Scott smiles and tells
Bobby he's a good man but that's no guarantee. Bobby's beeper sounds.
He pulls it out of his pocket and looks at it, then looks at Scott and
says verdict.

Back in the courtroom, the bailiff takes the verdict from the jury
foreperson and hands it to the judge. He reads it and hands it back.
It is returned to the jury foreperson. Scott sits nervously between
Bobby and Rebecca. The judge asks him to rise. The three of them do.
The judge asks the jury if they have reached a verdict. The foreperson
says they have. The judge asks what say you. The jury foreperson says,
reading, "Commonwealth versus Scott Wallace on the charge of murder in
the first degree, we find the defendant Scott Wallace, not guilty by
reason of mental disease or defect." Harry Duvall's family look
stunned. Bobby, Rebecca and Scott look relieved. Richard stands up and
says to the judge that the Commonwealth moves that the defendant be
committed to a psychiatric facility. The judge says that the court
orders that the defendant be hospitalized for a period of 60 days for
observation at Bridgewater and that they will consider further petitions
after that. He then adjourns the court. Scott doesn't understand what
the judge just ordered. He asks Bobby what's going on. Bobby explains
its for observation and treatment, that its temporary and - he
emphasizes this - Scott, you need it. Scott looks very nervous. He
asks Bobby if he'll get out. Bobby says probably in 60 days. He tells
Scott that he needs help and that treatment is a good thing here. Scott
says ok and takes Bobby's hand. He tells him he didn't know what to say
last time, but now... He just thanks him. Bobby smiles. Then, over
Scott's shoulder, he sees Helen coming in with an urgency to her step
and a worried look on her face. She stands, waiting for him. The look
on her face tells him that something is wrong. The look on his face
tells that he is terrified something has happened to Lindsay. He rushes
over to her and with fear in voice says "Helen?" She picks up on his
fear and says quickly "Its ok. Lindsay's fine." Still nervous, still
sensing that something is wrong, he looks only slightly relieved and
asks he what. Helen says nothing. Again he asks what.

Outside of Hinks' house, police are everywhere. A car pulls up and
Bobby and Helen get out. Lindsay gets out of another car. She walks
over to him. He puts his hand on her shoulder. She tells him Michael
called her, that he's inside. Lindsay, Bobby and Helen walk toward the
house. Mike meets them at the door. He tells Bobby he doesn't want to
do in there. Bobby says he's going in. Mike says Bobby, in a futile
effort to deter him, but Bobby says he's coming in. He then turns to
Lindsay and tells her to stay outside with Helen. She nods and Helen
puts a protective arm around her. Mike and Bobby enter the house.
Police personnel are everywhere, dusting for prints, taking pictures.
Mike leads Bobby to the living room. There on the floor lies a headless
body. Bobby looks shocked. He asks Mike if its Hinks. Mike says yes.
Bobby looks around a bit and asks where is his head. Mike leads him
into the kitchen where someone is taking a picture of something inside
the freezer. They look in and in amongst the frozen vegetables is the
head of William Hinks. Bobby sort of gulps and then asks Mike if they
have any suspects. Mike says not yet. Bobby stands there nervously,
suspecting that Neel's scaring of William Hinks may have gone too far.

The end.

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