"Germ Warfare" - summary by Christie

Written By: David E. Kelley

Its late and all are gathered at the conference table at the firm of Donnell, Young, Dole and Frutt.  Bobby, collar loose, no tie, is asking the EPA fighters (Ellenor, Lindsay and now Jimmy, too) if they have their experts ready for tomorrow. Jimmy says yes. Ellenor says Dr. Toletson flew in this morning and he's going to be great - he's very dignified and very persuasive.  Eugene asks who they have. Ellenor says the EPA? How about everybody. She says they the EPA) can't afford to lose this case, that the precedent would be a disaster. Lucy pipes in with she's nervous. Defensively Ellenor says she is not. Bobby says look, this is not like tobacco where the jury is going to go in thinking the defendant is evil. 

He says that there's no predisposition weighing in their favor here, that in fact in this case the jury's fears will work against them. Rebecca asks how he figures that. He says people don't want to believe that playground equipment all over is poisoning their children, that they don't want to believe that the government can know about it and just look the other way because of politics. He says people don't want to believe it and that they have to be mindful of that as they try this case - he tells them they are arguing something nobody wants to accept.  Lindsay say ok Bobby, they get it.  Eugene asks how is their science. Ellenor says its circumstantial, but credible. Bobby says don't focus on proof so much, its hammering the fact that the EPA didn't test this stuff that counts. Ellenor says to Bobby that they have done this before, that they've been preparing this case for 8 months now and they know what they have to do. Then she asks anything else? Bobby says firmly yeah - win.

Opening credits.

Its morning. We're at Helen and Ellenor's apartment. Ellenor is at the kitchen counter, dressed and raring to go. She is studying papers. Helen saunters in, still in her robe, obviously in no hurry. She asks Ellenor if she's ready. Ellenor says as ready as she can be. She asks Helen if she's going in today. As she pours herself a cup of coffee she says yeah, just moving slow. Ellenor looks at her suspiciously and asks her if she's ok. Helen smiles and says, sarcastically, yeah - doesn't she look fabulous? Ellenor says its just that she's been acting a little blue for about a week or so. Helen says really - it must be a mid-life thing, that she promised herself that if she wasn't rich and famous by 30 she would at least be sleeping with someone who was. Ellenor just looks at her with both concern and bewilderment on her face.

Back at the office, Bobby is bugging Rebecca. She says she's working on it as fast as she can. He tells her to get Jimmy to help her. She says he's 3rd chairing the Jamison trial. He's following her, telling that that while they are sitting on their hands, Scott Wallace is sitting in jail. Rebecca tells him that no one is sitting on their hands, especially her.  Bobby says he's off to see him now. Eugene says to him you are going to let him in on everything he has to appeal.  Bobby just looks at him, knowing to what is he referring, knowing he has to do what Eugene said and dreading it.

At the Jamison trial, Dr. Toletson is on the stand.  She is testifying that the injuries to the Jamison children were neurological, probably caused by a toxin. Ellenor asks her if she has formed an opinion as to what caused these injuries.  She says she could not say to a medical certainty but it appears they were caused by arsenic poisoning and that the likely culprit was a play gym in the back yard. Ellenor asks he why she thinks it was the play gym. 

The doctor says the wood was treated with chromated copper arsenicals - commonly known as CCA - and that that's a fungicide, an insecticide and also a carcinogen. She says that over time it can break done, that the children touch it, they put their hands in their mouths and they ingest it and that the symptoms these children suffer from is consistent to symptoms commonly associated with exposure to CCA. The younger EPA lawyer questions her next. He asks her if she can prove these injuries were caused by exposure to CCA. The doctor says no. 

He then asks her if she can say to a medical certainty that exposure to CCA cause any kind of neurological damage. She says that  there is certainly enough anecdotal evidence that it does and that one of the reasons there isn't more scientific evidence is that there hasn't been enough  testing... The EPA lawyer cuts her off, repeating the question that she can't say to a medical certainty that CCA causes this kind of injury. She simply says no.

Helen is walking down the hall of the courthouse. She rounds the corner and meets up with Mr. Barrett, Scott Wallace's brother-in-law.  She thanks him for coming down and they take a seat on a bench at the end of the hall.  He asks her what's going on.  She says nothing to worry about, but that she's anticipating the defense to appeal. He says and? She says that her feeling is one of the ground that they'll be raising is the veracity of his testimony. She says that she feels the best way to head them off at the pass is polygraph results, that he could take the test in her office and that it wouldn't take more than an hour. 

He says he thought they weren't ever admissible. She says for suspects, but for witnesses they can actually carry some weight. He says he doesn't want to take any polygraph. She says it would be a big help to her of he did. He says he's sorry but he doesn't want to do that. She asks, suspiciously, why is that. She asks did he not tell the truth. He sits there without saying a word. She tells him she's going to need that polygraph otherwise she might be compelled to go to the judge and ask for a new trial. He says he doesn't know what's going on, but he's not taking a lie detector. Helen gets up and tells him he could be facing perjury charges, she says she thinks he should have his lawyer pay her a visit today.

At the jail, Bobby is meeting with Scott Wallace. he's handing him some papers with a list of names on it. he tells him that all the names came from his wife's Rolodex and he needs him to go through it and tell him who they are. Scott asks him what he's looking for. Bobby says the desperation of it would probably just depress him. Scott says tell him.  Bobby says is there any possibility that it wasn't suicide, that somebody else killed her. Scott is perplexed.   

Bobby says he knows its out there but she was leaving him, suppose she was seeing somebody else, suppose after they fought she called him and he came over to get her. Scott says and killed her? Bobby says he hasn't exactly thought it through, he's just groping for something. Scott says he's right, its depressing him.  Bobby is pacing. He tells him to just go through the list, he wants to know who everybody is. Scott looks up from the list and asks what about the appeal. Bobby says they're putting it together.  He stands staring through the bars, thinking, dreading what he must tell Scott. Finally he goes over to him and says to him that he has one other ground they need to talk about and it could cost him his bar card. Scott asks him what he is talking about. Bobby tells him he was denied his right to testify by him, that he was adamant about testifying and he just cut him off and rested the defense. He says he thinks its an issue. 

Scott says he did it because he thought it was the best strategy. Bobby says in the end it had to be his decision and he totally usurped it. Carefully he tells Scott he may want to think about hiring a new lawyer and making that one of the grounds for appeal. Scott says can't he argue it. Bobby says its a little strange for him to argue his own infraction.  Scott sort of sighs. He tells Bobby that the situation he's in, its not likely he's going to get out, that he knows the odds. Scott says if he's to have any chance he needs a lawyer who feels he's in the hole here with him and he's it.  Bobby just looks at him.

Back at the Jamison trial another doctor is on the stand. Ellenor asks him if you can get the arsenic in your system by touching it. He says absolutely when the coating breaks down. He says it can even be inhaled, especially when the wood is wet. She asks if any studies ever proved this. He says yes and that the EPA evaluated studies in 1978 and further studies in 1981 and 1987. Ellenor asks him if this wood is a real risk in his medical opinion. He says everyone defines risk for themselves but he says let him put it this way - these things are cancer death traps and they're in backyards all over the country. The older EPA lawyer is now up questioning him. 

He asks if its true that those earlier EPA studies were on unsealed wood. The doctor says he believes they were. The lawyer says that the wood on this playground equipment was coated. The doctor says in time the coating breaks down and seepage from arsenic increases. The lawyer says what about the wood they use to build houses, isn't that treated with a termite insecticide. The doctor says yes. The lawyer asks if that's a carcinogen. The doctor says probably. The lawyer says then even their house are potentially cancer death traps - right doctor?  The doctor says you can't rule it out. The lawyer asks what the house he lives in is made of. 

The doctor, annoyed, says wood, but being inside the coating is less likely to break down. The lawyer says yes but what about the wood on the outside - that's all treated with CCA, isn't it. The doctor says  most of it yes. The lawyer says then we're all living in cancer death traps, according to your medical opinion. The doctor says you can't rule it out.

Back at the office, Ellenor, Lindsay, Jimmy and the Jamisons are evaluating the day.  Ellenor says overall it was a good day, that the witnesses came off well, but they still have big problems on causation but she thinks the jury is with them. Jimmy says they definitely are, he was watching their faces. Mr. Jamison asks what happens next. Ellenor says they'll put up Feldman from the EPA. She then asks Lindsay if she's ready. She says totally. Jimmy says this guy is tough, that he has experience as a witness and he's not afraid to go right back at the lawyer. 

Lindsay looks at him and says she's ready. Ellenor says that if they do damage here their chances become very good. Mrs. Jamison asks if they'll testify. Ellenor says they've decided to hold them for rebuttal, that they want their testimony to come as close to the end as possible. She says that their goal is to have the jury thinking of a family in that room, not just chemicals and a bunch of scientists. Mr. Jamison says but its her feeling that its going well so far. She says she thinks its going quite well but, she cautions them, their big gun comes next. The Jamison's nod, understanding, and Mr. Jamison looks at Lindsay, knowing the outcome of the trial could rest in her hands. Lindsay looks back at him, a bit nervously, also knowing the burden she carries.

Commercial.

Its  morning. A shower is running. Lindsay stands beneath the hot stream of water, rinsing her hair, obviously lost in thought. You get the feeling she's been in there awhile, thinking.  Bobby suddenly opens the shower curtain, asking her if she's ok. It seems to snap her out of her thoughts. She says yeah, she's fine as she turns off the water and wipes the water from her eyes. She tells Bobby she's just thinking. He asks her if she's crossing the doctor. Lindsay takes a towel from Bobby and starts to dry herself. She tells Bobby she has to get him, if she doesn't get him.... Her voice trails off.  Bobby tells her firmly that she will. She looks at him, her eyes not sharing his confidence in her. He repeats "You will."  She just looks at him, almost with fear in her eyes. She feels the weight of this case upon her shoulders.

In Helen's office, Mr. Barrett's attorney is meeting with Helen. He tells her that whether a DA thinks that a witness lied or not has no relevance. Helen says its does to her. He says its the prerogative of the jury to weigh his credibility and they did so. Helen leans forward on her desk and says "Mr. Stone, your client lied. A man is serving a life sentence in part because of that lie. Allow me to be a little bit uncomfortable with that." Mr. Stone says ok he can put himself in her shoes and feel his discomfort, but she should be herself in his shoes. 

He says why would he ever let Kyle Barrett take a lie detector? She says how about simple justice. Mr. Stone says "I wa away last week. Did the system suddenly become about that?" Helen says she doesn't find cynicism persuasive. He says that idealism can be pretty incredible as well. He says that he will not let his client expose himself to possible perjury charges. She says she will grant him immunity on that. He says that he will also not advise him to help overturn the conviction of his sister's killer. Helen tells him she won't sit quiet on this. Mr. Stone says "Please. What are you going to do?"  Helen sits there, thinking. The look on her face says she will think of something.

At the Jamison trial, The EPA's big gun is on the stand. He is testifying that the EPA did extensive testing on CCAs throughout the 80's. He says they continue to test it and the tests show that it does not pose an unreasonable  risk to either children or adults.  The older EPA lawyer says that even with the possibility of a risk shouldn't the EPA do something? The doctor says they have. He says the EPA has a warning system that requires retailers to give notice that CCA poses potential hazards. He says their contention that they have done nothing here is false. The lawyer says that he thinks their main contention here is that the EPA hasn't done enough. 

The doctor says that they have federal insecticide laws to deal with. He says under he law, they have to weigh the potential adverse effects of a chemical against the economical and social benefits and costs. Lindsay is listening intently. The doctor continues. He says that with CCA wood lasts up to 5 times longer, he says this represents a huge benefit to schools who couldn't afford playgrounds otherwise, to poor communities who could never build them without the preservative. The lawyer says that with the chance that they cause cancer, do they really want the schools building them? The doctor says if it really caused cancer of course not, but to date there is no conclusive evidence that exposure to CCA causes cancer or any neurological side effects.

Its Lindsay's turn. She asks if there are any conclusive studies to show that its safe. The doctor says no, nor are there with most food preservatives. The doctor then asks sarcastically should the FDA ban potato chips? Lindsay doesn't miss a beat. She says potato chips don't contain a pesticide. The doctor says the pesticide is coated, that its sealed. Lindsay says what if the seal doesn't work? She asks if he's aware of Dr. Stillwell's study that shows that arsenic is leaching from this playground equipment into the soil. The doctor says that's one study, that the EPA has asked to see the data supporting it and until they review it they can't attach any scientific credibility. 

Lindsay says that the state of California does. She says they ban these wooden play gyms from schools unless they are re-coated every other year out of fear that the children could be poisoned. The doctor says that many scientists feel that that was an over reaction. Lindsay says that in 1997 a group of physicians and scientists informed the EPA that wood preservatives constituted a health threat to this country and... The doctor cuts her off, saying yes, and conservationists lobby on behalf of the rain forests, but without these preservatives, more trees would be cut down. Lindsay says So kill a child, save a tree?  The younger EPA lawyer objects. The judge sustains the objection. 

Lindsay continues. She's hitting her stride. She says he talked about the EPA requiring advisories, warning that CCA poses a potential health risk. The doctor says yes. Lindsay says that actually that was a voluntary program, wasn't it Dr. Feldman? She says that if the wood industry didn't want to issue the advisories they didn't have to and most of them still don't, right doctor?  Dr. Feldman says that this wasn't a situation where a mandate was warranted. Lindsay says that the truth is they were all set to issue a mandate here when the wood manufacturers suddenly lobbied congress to get you to back off.  Dr. Feldman says he doesn't know anything about that. Lindsay barely waits for his answer to be completed when she says that isn't it true that the EPA also backed off of requiring further studies when the chemical industry suddenly gave 4 million dollars in campaign contributions to congressmen to lean on you.  Dr. Feldman is getting defensive. 

He says that the EPA has never been bought. Lindsay walks toward him with a paper. She says he would like to show him the EPA's 1981 position paper regarding inorganic arsenicals and I ask you to read the highlighted paragraph. Dr. Feldman barely looks at it. He says that all this basically says is that they don't know. Lindsay repeats, "You don't know."  She then goes on to say that that same paper goes on to site a 1973 study which associates arsenic tainted milk with severe retardation, lower IQs, and abnormal EEG findings. Dr. Feldman says that was a study of Japanese babies. Lindsay asks "You don't count Japan?" Dr. Feldman look disturbed. 

Lindsay continues. She asks what else doesn't the EPA know and when did they not know it?  The younger EPA lawyer objects. Lindsay says withdrawn before the judge can answer. Ellenor is looking very pleased.  Lindsay goes on, saying that in 1996 the EPA failed to warn over a million power plant employees that they were at risk for mercury poisoning. The younger EPA lawyer objects, but Lindsay continues over his objection saying because the coal lobby pressured you you backed off there. The EPA lawyer again objects, siting relevance. Lindsay says it goes to pattern - they were bought then just like they're being bought now. She's on a roll. Both EPA lawyers yell objection. 

The judge overrules their objection. Lindsay goes on. She asks "You lay off chemical companies, don't you Dr. Feldman?" Dr. Feldman says that is absolutely not true. Lindsay asks "From 1989 to 1998 of all the hundreds if not thousands of pesticides out there, how many did you get neurotoxicity data on?"  Dr. Feldman says he doesn't know the exact number.  Lindsay says "I do. Its nine. Of the hundreds, if not thousands of industrial chemicals, how many did you ask for and get the neurotoxicity data on?" Dr. Feldman says again he doesn't know the number.  But you know Lindsay does! She says "Its 3.  You guys are quite the watch dogs!"  The 2 EPA lawyers both object.  Lindsay says withdrawn and the nothing further. Before she returns to her seat, she glares at Dr. Feldman. He sits there, looking mad. As she walks to her seat, he glances over at the EPA lawyers, who look a tad concerned.  Even the judge looks like he knows she scored points.  Lindsay sits down and looks at Ellenor who can hardly control a smile breaking out onto her face.

Back at the jail, Bobby is meeting with Scott again. Bobby is looking over the list of names he had given him earlier.  He says that of the 5 names he couldn't identify, 2 were maiden names of married women you did i.d. and one was a pool contractor.  Scott says yeah, they were thinking about installing a pool last year.  Bobby says that one they're still checking and one was a psychiatrist, a Dr. Bernard White. Scott says a psychiatrist?  Bobby asks if his wife was seeing a shrink. Scott says not that he was aware of.  Bobby he's in Cambridge and he'll pay him a visit.  

He then says, hesitantly, on the other, he would understand if he wanted to replace him - he would even recommend it.  Scott looks at him and asks if he can recommend someone who is as good and who will try as hard.  Bobby looks down. Scott continues. He says he's glad he thinks he screwed up, that's his insurance policy that he will keep trying.  Bobby says adamantly that he will keep trying - he doesn't have to worry about that.  Scott says he's not.

Back at the Jamison trial, Mrs. Jamison is on the stand testifying about her children.  She says they were told that its really not that uncommon for children to have seizures.  Ellenor asks if he were tested for epilepsy. Mrs. Jamison says he was tested for everything and that they finally settled on a toxin getting to the brain. Ellenor asks what they did.  She says there was nothing they could do, that they got him on medication to control the seizures and they thought that was that and then Sarah started falling down.  Ellenor asks her what she means by she started falling down.  

Mrs. Jamison says she would trip, if she tried to play hopscotch she would fall flat on her face.  She says they thought maybe she had cerebral palsy.  Ellenor says then things started to happened with Everett?  Mrs. Jamison says he can't read, he will never be in a normal class, he'll never go to college.  She looks over at the EPA lawyers and says "and you knew."  They object.  But she continues.  She says she has a boy whose body convulses with foam coming out of his mouth, and a daughter who keeps falling down and a son who can't read and you people have known for 30 years!  The EPA lawyer appeals to the judge who instructs Mrs. Jamison to just answer the questions she is asked.

Its now the EPA lawyer's turn.  The older one asks her that when her son started having seizures, didn't the doctors say its could have come from a whole host of chemicals, including the cleaning ones she kept in the house.  She says then she got rid of them all.  He then asks her if she lives near high powered lines.  She says yes. He asks if the doctors asked her about that.  She says yes and they ruled them out as a cause.  The lawyer asks her if she and her husband under went any kind of genetic testing.  She says no.  

He says I see and then asks her where the play equipment is today.  She says its still in their backyard.  He says you think this play equipment is harming your children and its still there?  She says they don't let them play on it.  He asks why not get rid of it all together.  She says our lawyers told us not to, not to until... She is cut off by Ellenor who objects, saying she needs to advise her client of that that is privilege, she does not need to answer that and that its also work product.  The EPA lawyer says you kept it as evidence for your lawsuit?  Ellenor shouts objection. The judge sustains the objection.  The EPA lawyer says he has just one last question - did any doctor who treated her children conclude that their problems came from the CCA in the play equipment.  She says no.  He thanks her and returns to her seat.  Ellenor is not thrilled with how that went.

Commercial.

Bobby and Eugene have entered the office of Dr. Bernard White, the psychiatrist found in Scott Wallace's wife's Rolodex.  He is telling them that as he told them on the phone, he is not comfortable giving out information about his patients.  Bobby says he understands.  Bobby asks him if treated Mrs. Wallace.  The doctor says he knows his patients' identities is not protected by privilege but he still does not feel comfortable revealing them.  Bobby says that as he said that isn't privilege and even if it were it wouldn't survive the death of the patient.  

The doctor says he knows what the law is and he knows he could subpoena his records and that's why he agreed to this meeting.  Bobby asks him what he was treating her for.  He says anxiety, sleeplessness and depression. Bobby and Eugene look at each other.  Eugene says did you say depression?  The doctor says yes.  Bobby says he knew that they argued she killed herself.  He says yes, he reads the papers.  Bobby says why didn't he come forward?  He says the prosecution was arguing that she wasn't suicidal and he had information she was depressed. The doctor says that 80% of his patients are depressed and they don't typically take their own lives. Eugene says sometimes they do.  

Bobby asks him how could he sit on this?  The doctor says he sat on this because he doesn't believe Karen was suicidal and secondly if psychiatrists start talking posthumously about their patients that could have a chilling affect on treatment, most people want their records sealed - before their death  and after.  Bobby is getting very upset.  He says they had a man tried for murder here, the jury convicted him because they didn't believe the idea that she was depressed. The doctor tells him not to yell at him.  Bobby is losing it.  He says he will yell at him - what the hell was he thinking?  Eugene tries to calm him down.  The doctor says he was thinking she was probably murdered.  Bobby yells you were wrong.  Again, Eugene tries to calm him down.  The doctor turns around.  Eugene quietly says to Bobby that they need this guy.  Bobby sighs.  Eugene says calmly to the doctor can we get those records - please?

Back at the Jamison trial, Lindsay is delivering the closing arguments.  She says "We live in a land of chemicals and its pretty out of control.  There's an epidemic of autism in California. Its up over 200% in the last 13 years.  In New York, learning disabilities are up 55%.  The likely culprit?  Chemicals.  And we can't expect the private industries to monitor themselves.  The market is just too competitive, just like in everything else.  

If the wood manufacturers can make these play gyms and deck porches better, more profitable, they will, and they won't worry about the toxic side effects.  And that's why we need the EPA.  Just like when the airlines become more competitive and cut back on their mechanics to increase profits, we need the FAA to step in to protect us, so too do we need the EPA to fulfill its duty to the public.  And the fact is they're not.  They've known for decades it could be dangerous and the have done nothing.  They are still doing nothing.  Why?  In part because of politics.  

Campaign contributions from chemical companies and wood manufactures have resulted in successful lobbying to get the EPA to back off.  And children, like the Jamison kids, are getting severely hurt.  The EPA throws its hands up and says hey, you can't prove it, we don't know for sure, we don't have the data, tests are incomplete."  She's getting riled up.  "Well why aren't they ordering those tests?  What aren't they demanding data?  They have restricted the use of CCA around farm animals, but not around children.  Is it because the farm industry has a lobby but children don't?  What is going on?  

They've known for decades that there is arsenic in that wood - it gets out, it gets ingested, it gets inhaled.  And they haven't done so much as to alert the public of the risk.  And that's all it would have taken here.  A simple warning.  And the Jamisons would never have put that play gym in their backyard.  You heard their start witness, Dr. Feldman.  He said that EPA decisions are based on a cost/benefit analysis.  We need you to put a big price tag on their failures.  We need you to make it cost efficient for them to protect our children.  One thing is clear.  If you don't, they won't."  Lindsay returns to her seat.

The older EPA lawyer steps up for his closing.  He says "She's right about one thing.  We do live in an age of chemicals.  Want to kill the mosquito with the Nile virus?  Chemicals.  Don't want to get botulism from your canned soup? Chemicals. Preservatives.  And I suppose the EPA could demand proof that every one of those chemicals is completely safe before allowing their usage.  And people would die - of containments, and viruses and bacteria.  Many, many, more people.  Almost every consumer product poses some unproven health risk.  Should the EPA ban them all?

  They studied CCA in wood.  The EPA appointed a special scientific advisory panel to look at this.  Their recommendation back to the EPA was not to ban the substance.  Now, the plaintiffs may not like those scientific findings. They may choose to disagree, but this notion that the EPA knew it was dangerous and chose to ignore the risks under the influence of paid off congressmen, that's as slanderous as it is baseless.  This is something they are studying.  The EPA is a government agency doing its very best to keep up with this rapidly changing scientific landscape.  And the decisions they make - they have to be made on what is known - as is opposed to what's not.  

And today, like yesterday, it has not been scientifically established that CCA causes the neurological defects the plaintiffs speak of.  And even if it did, they have offered no medical evidence whatsoever that it did so in the case of the Jamison children.  Their own doctor admitted she was speculating, she was guessing, at what caused these injuries.  As much as you may feel for these children - and you should feel, as should we all - you have to admit that their entire case is based on pure speculation.  And nothing more."  He turns and returns to his seat.

Back in Helen's office, Richard is reading something.  Helen stands away from him, her back toward him.  As he finishes reading the paper he turns to Helen and asks in disbelief "You want me to sign this?"  Helen walks toward him and says its what happened.  He says an affidavit that he coached a witness to lie?  She says it doesn't say lie.  He says that's the implication.  He asks what the hell is going on?  

Helen says they both know he lied, that he made that stuff up about his sister being afraid. Richard says what are you trying to accomplish.  She says he should get a new trial.  Richard looks at her - dumbfounded.  He tells her he's not signing this and hands it back to her.  She says they can't let...  Richard cuts her off.  He says he's not letting her take him down, that she may have some kind of professional death wish but he doesn't, and if she thinks he's going to let her go forward...  Helen cuts him off saying she was in the room, she heard what he told him.  Richard says he told him what his testimony needed to accomplish, that he never said lie.   Helen says that is what he did.  

Richard says she doesn't know that.  He says that maybe he did lie, but neither of them know that.  Helen says that maybe he can live with this conviction, but she can't.  Richard glares at her.  He tells her he'll fight her on this, he'll fight her all the way.  He grabs his briefcase and turns to leave.  Just as he reaches the door Helen says "You know, Richard, its one thing to be competitive, it is another to try and rack up convictions out of ambition with no regards for a man's innocence."  Richard tells her he doesn't believe he's innocent.  He says if she goes forward saying he coached a witness to lie, her career could be over.  Then he adds "Our friendship definitely will be."  He turns and leaves, leaving Helen contemplating what she must do.

Outside the courtroom of the Jamison trial, Ellenor walks out of an elevator and joins Lindsay, Jimmy and the Jamisons.  She says she doesn't know if the jury liked Lindsay's closing, but the defense was impressed.  She says they have a new offer.  Mr. Jamison asks what.  She says $225,000 per child.  She says that's 675 and they will write a check right now.  Shocked, Mr. Jamison says that beats 20,000.  Ellenor says its sure does.  Mrs. Jamison asks if they should take it.   Ellenor says its hard to turn that down, but she suspects they had jury consultants sitting in on the trial that advised them to settle so she doesn't know.  

Mrs. Jamison asks if they could get more. Ellenor says they could, but they could also lose.  Mrs. Jamison says she thinks they're going to get more.  Mr. Jamison asks why. She says she just does.  Jimmy says this isn't the time to get greedy.  Mrs. Jamison says its not about greed, its like Lindsay said - they want them to fix the problem.  Mr. Jamison puts his hand on his wife's shoulder and says Angela has intuition about these things - let's go to verdict.  Ellenor says are you sure.  Mr. Jamison looks at his wife and asks her if she's sure.  She looks at him and states simply - its going to be more.

Back at Donnell, Young, Dole and Frutt, Lucy is making copies.  Eugene is showing Bobby something from Mrs. Wallace's psychiatric records.  He says the doctor wanted to prescribe her antidepressants but she wouldn't take them.  Bobby tells Lucy to see if they can get in to see Judge Wolfe this afternoon, that this is new evidence.  He starts to tell Eugene to call Helen but the office door opens and in walks Helen.  Bobby tells her they were just talking about her.  He tells her they have new evidence on the Wallace case.  She says really?  Then she says she's got some news on that herself.  Bobby asks what.  Helen says she's convinced Kyle Barrett lied on the stand - after being coached by the prosecution.  Bobby's mouth drops open.

Back at the Jamison trial, we have a verdict.  As the bailiff hands the verdict to the judge, Mr. Jamison leans forward and asks Ellenor if its a good sign them coming back so fast.  She says no, that deliberations on damages would have been lengthy - if they find no liability then damages would be moot.  Mr. and Mrs. Jamison look at each other and he asks Ellenor if they could still take their offer.  She says she asked - and they laughed.  The forewoman stands to read the verdict - we find in favor of the plaintiff and order the defendant to pay damages in the amount of 72 million dollars.  The courtroom erupts.  Ellenor, Lindsay, Jimmy and the Jamisons looked shocked.  So do the EPA lawyers.  Mr. and Mrs. Jamison hug each other, then their kids.  Jimmy leans over and congratulates Lindsay.  No one can quite believe it.

Commercial.

Back at the courtroom of the Jamison trial, there is all sorts of excitement.  The judge trials to settle everyone down.  The younger EPA lawyer stands and asks the judge to remit the reward and to set aside the verdict.  Ellenor stands and says opposed.  The judge says he will see counsel in chambers immediately.  Mr. Jamison asks Ellenor what is going on.  She says they're looking to strike the reward as excessive.  He asks if they can do that.  She says  that 72 million is a lot.  Mrs. Jamison says that that is what the jury found.  Ellenor says let them talk to the judge and see what's going on.

Entering the judge's chambers, the younger EPA lawyer is saying that the number alone shows that the jury was off base, but the fact that they deliberated for only an hour...  Ellenor says perhaps it has something to do with the merits.  Before even sitting down, the judge says he is granting defense motion to remit, that the knockdown number is 135 per child.  Ellenor Jimmy and Lindsay can't believe it.  Ellenor says what?  Lindsay says you chopped it from 72 million to 400,000?  Ellenor says that's less than they offered.  The judge says he doesn't care, that their case was pure speculation.  The EPA lawyers are finding it difficult to contain their glee.  

Ellenor says this isn't a matter of law, that he's substituting the jury's judgment for his.  The judge says that he's entitled to do that when the verdict isn't supported by the facts.  Ellenor says they have a right to a new trial, that they do not have to eat his number.  The judge says that if she takes a new trial, she'll be right back before him and any number over 135 he'll remit again - if you're lucky enough to win the next time - there's no guarantee the jury will be as stupid as this one. He adds that if they do win, he might remit the next one down to 75,000.  He says he strongly suggests that they accept this proposal.  Ellenor, practically sneering at him, says this isn't right, this isn't right.  The judge just glares at her and tells her to meet with her clients and then notify his clerk of their acceptance.

Back at a hearing before Judge Wolfe,  Bobby is arguing that in light of this new evidence concerning the victim's depression, coupled with this revelation by the DA regarding the veracity of their lead witness,  the interest of justice demands that the verdict be overturned.  In the gallery sits Helen's boss, watching the proceedings very carefully.  Helen sits at the prosecution's table.  Bobby continues, saying that in the alternative, the court should order a new trial.  Richard, standing up with Bobby, says he tales strong exception to the notion that he coached a witness to lie.  He says there is no evidence that the witness did lie, only opinion.  Bobby says that opinion is coming from Helen Gamble.  

Richard says that Helen Gamble's opinion carries no legal relevance, he assures them that she has no credibility within their own department.  Bobby turns to him and says why, because she's honest?  The judge says all right.  Richard continues, saying this was not their lead witness, this was A witness.  Bobby says it was a witness who supplied motive.  Richard turns to Bobby and says he challenged his truthfulness at trial, that he has nothing new to which to challenge it here.  Richard says as for the doctor's report, that he spoke to Dr. White and he did not consider Karen Wallace to be suicidal.  Bobby says the prosecution portrayed her as being optimistic.  Richard says which he also challenged at trial.  Bobby says not with these medical reports they didn't.  

The judge says all right.  He then says that Ms. Gamble brought her concerns regarding this witness to the court's attention (her boss doesn't look happy at this news) and as I told her it is the jury's function it is the jury's function to weigh Mr. Barrett's credibility, not hers.  He says that as he went through her affidavit he doesn't think that Mr. Bey crossed the line, lawyers prepare witnesses all the time and he sees no evidence that he solicited perjury.  He says as for the doctor's report, he find that to be relevant but he is not satisfied that it would have resulted in a different verdict.  He says the conviction therefore stand and the defense motion for a new trial is denied.  

Scott sinks in his chair.  Bobby looks shell shocked. Richard looks full of himself.  Helen's boss stares at her,  Helen sits motionless, expressionless, in her chair.  Bobby walks over to Scott and tells him he's not quitting.  Scott stands and asks Bobby what happens now.  Bobby says they go to appeals and challenge them on legal rulings.  Scott looks very nervous and scared.  Bobby repeats that he's not quitting.  Helen stands and glares at Richard who glares back at her.  She then turns and leaves the courtroom, her boss' eyes following her out.

At a table in the courtroom sit a dejected and upset Ellenor, Lindsay, Jimmy and the Jamisons.  Mrs. Jamison says she doesn't understand.  Jimmy explains that a judge can cut back on a reward if he thinks its too high.  Mr. Jamison says what's the point of a jury trial, that they go through all that with a jury......   Jimmy says that judges don't like to do it, but this guy I'm not sure.  Mrs. Jamison says if they opt for a new trial we'll get him again.  

Ellenor says that's what he's saying and that he's going to keep it on his docket, that it could be a year before.... She leans back in her chair and says "I'm going to be sick."  Lindsay says she thinks that they have to eat it at 135.  She says that if he keeps jurisdiction he's told them that we can't do better, and we could lose.  Mrs. Jamison says this is so unfair.  Lindsay nods and says they should be able to get the money today.  Mrs. Jamison starts to cry.  Jimmy says they have no choice.  Mr. Jamison says this isn't fair.  They all look dejected and upset enough that you know they all agree.

Helen is sitting at her desk in her office.  Her door opens and in walks her boss.  She shuts the door behind her and walks over to Helen's desk.  Helen looks up at her.  Her boss says firmly that she blind sided the department, embarrassed it, and now they have to deal with a media that.... She says she thinks it would be best if Helen submitted her resignation.  Helen looks at her and says she's not giving her resignation, and if she is fired over this then just watch the media come at you.  Her boss asks her why she is doing this.  Helen says they all say its better to let a guilty man go free than to put an innocent one in jail.  She says "An innocent man is serving a life sentence, Kate.  

If this were Texas, he might already be dead [Editorial comment - This is a reference to the fact that in just 5 years, the jerk governor of Texas, now running for President - God forbid - has put to death over 115 people. He kills first and asks questions later!].  Kate asks her when did she suddenly become the jury.  Helen says the jury doesn't know he passed the polygraph, the jury doesn't know a witness was coached, that he lied.  She says the jury doesn't know a lot of stuff, but she does.  Kate glares at her and says she's right, she can't retaliate over this, so she's just going to go back to her office and wait for her next mistake - every day, she'll just wait.  Helen glares back at her and thanks her for dropping by.  Kate turns and leaves.  Helen sits at her desk, looking scared.

Its night time and at the office of Donnell, Young, Dole and Frutt sit a group of very dejected lawyers.  Bobby stands staring out the window.  Eugene is leaning against a desk, looking down.  Lindsay, Jimmy and Ellenor are all sitting slumped at their desks.  Rebecca sits at hers.  Almost on tip toe, Lucy sets a cup of coffee down on Ellenor's desk and then sits at hers.  No one is saying a word.  

Finally, Rebecca stands up and says ok look, they had a bad day, we'll have them again.  No one says anything.  Rebecca continues, saying that they can't just sit there and brood.  Bobby keeps staring out the window, Lindsay sits leaning back in her chair, eyes cast downward.  Jimmy says Rebecca's right, they have to concentrate on picking up pieces now.  Ellenor is sitting at her desk looking more angry than upset.  She mutters half under her breath "I'm going to get him."  Lindsay, Jimmy, Eugene and Lucy look at her.  She says "That judge. I'm going to get him."  Rebecca just sort of shakes her head and glances at Bobby who just continues to stare out the window.

The end.

Not done yet