Written By: David E. Kelley

We open with Jimmy waiting in a room at a prison. A matron brings in a
young blonde girl. Its his prostitute friend Jennifer that got him in so
much trouble a couple of seasons ago. As she walks into the room we see that she is very pregnant. Jimmy just stares at her stomach. Jennifer sits down and says hello to Jimmy. He just says in amazement "You're having a kid? You didn't tell me that!" Jennifer says she didn't want him to get mad and goes to take his hand but he pulls it away. He says angrily to her how could she still be doing drugs? She says it was just this one time, that Billy just left her like this. Jimmy says what about rehab? 

She says she called the number he gave her but they told her she couldn't interview for 2 weeks and then she lost the number. Jimmy asks her how far along is she and she, hesitantly, says 8 months. Jimmy is appalled. He just stares at her. There is a long moment of uncomfortable silence. Finally Jennifer asks him if he can get her out. He continues to just stare at her. She says pleadingly "Jimmy?" He glares at her and says she's smoking crack with an 8 month baby. She says she swears it was just once. He angrily tells her no it wasn't. She pleads with him that she'll do the rehab, she'll do anything he wants, but to please just get her out. Jimmy thinks for a moment and then tells her if he gets her out - and he's not saying he can - but if he does then she must go into rehab immediately, straight from the courthouse. Jennifer says she promises. He stares at her for a long moment as if trying to decide whether or not to believe her. Finally he asks her to tell him about the arrest.

Opening credits.

Its morning. The whole gang of Donnell, Young, Dole and Frutt gather at the conference table. Lucy says ok everyone lets get started. Ellenor, who sits next to her, asks if someone made it official that she's in charge. Lucy answers, in characteristic Lucy style, "Brains, beauty and character. Don't knock it." Lindsay smiles. Bobby says ok, let's get started. He addresses to Jimmy to start. He says Jennifer Cole, possession of crack cocaine. Rebecca says again? He says he has a motion to kick at 9:00. He then adds that she's 8 months pregnant. Lindsay is horrified. She says "What? And she's smoking crack?" Jimmy says believe him he's torn into already. Lindsay says "She better hope her baby doesn't die. She could be charged with murder. Did you tell her that?" Jimmy says he's not positive that he did, but he will, and he adds - maybe perhaps a touch sarcastically - thank you Lindsay. Lindsay starts shuffling papers and says, definitely not under her breath - "She should be shot!" 

Ellenor shoots her a look. Bobby tries to regain control. He then asks Rebecca how the research is coming. She says ok. He says can she give him something more than ok that he's seeing Scott Wallace later. She says sure. She says they could argue reversible error when Judge Wolfe didn't have an evidentiary hearing on whether Richard Bey suborned perjury and since they have Helen Gamble with them she thinks that's their best shot. Bobby asks what else. Rebecca says the neighbor's testimony that said he heard lots of fights between Scott Wallace and his wife - prior bad conduct, inadmissible. She says they could argue reversible error there too. 

Bobby says ok and tells Lucy to keep dogging the clerk's office and tells Ellenor to jump in with Rebecca on the brief. Ellenor says she can't, that she's a little jammed. Lucy says not her her calendar she isn't. Ellenor glares at her and says she has an appointment with the chief judge of the district court today. Bobby asks about what. Ellenor says Judge Aldridge. He looks lost and turns to look at Lindsay who says she didn't know. Ellenor says to Lindsay that she's keeping her out of it. Bobby tells Ellenor that they can't afford to be alienating.... Ellenor cuts him off saying that its just one meeting and that she's doing it. She says Aldridge was out of line and she's not keeping quiet. They all just look at her.

At the hearing for Jennifer Cole, a policeman is on the stand testifying about what happened the night of the arrest. He says he was observing a known crack house when he witnessed Jennifer Cole exiting and that she was stumbling and disoriented and that her appearance was consistent with being under the influence of drugs. The DA asks what he did. He says he exited his vehicle, approached her, identified himself as a policeman and engaged her in conversation and that her behavior confirmed his suspicions that she was high. The DA asks him to describe that behavior. 

The policeman says she was sweaty and jittery and slurring her speech. The DA asks what he did next and he says he conducted a quick pat down search for weapons and he felt an object in her jacket pocket and it was immediately apparent to her that the object was a rock of crack cocaine. The DA asks him how he knew and he says that he had received extensive training in recognizing crack - he felt a small object, asymmetrical, rough edges - a rock of crack. The DA asks what else and he says he reached into her pocket and removed what was determined to be approximately 100 milligrams of crack cocaine wrapped in paper. Jimmy gets up to question him next. He asks the cop how big this rock of crack was. The cop says about 1/2 inch in diameter. Jimmy asks if that's about the size of an aspirin and the cop says it was about that size. Jimmy says and this tiny little thing was wrapped in paper and the cop says that's correct. Jimmy says in fact it was inside a scrunched up paper bag and the cop says that's correct. 

Jimmy says and the bag was inside a jacket - a big winter overcoat. The cop says he doesn't recall exactly. Jimmy says he's showing him what has been admitted as people's exhibit 3 and he holds up a coat and asks the cop if this was the coat Ms. Cole was wearing. The cop says it looks like it, yes. Jimmy says so you do one quick pat down, through this thick overcoat and through a crumpled up paper bag you feel this tiny little lump and you immediately know its crack cocaine? 

The cop says yes. Jimmy says no way it was jewelry or candy. The cop says no. Jimmy says all this from just one pat? The cop says yes, that they receive comprehensive and extensive training.... Jimmy cuts him off and asks him how many times he has used these comprehensive and extensive training techniques to frisk suspect for crack cocaine. The cop answers probably 10 times. Jimmy then asks him how many arrests resulted from using these comprehensively trained pat downs. The cop answers 2 or 3. Jimmy says so the other 8 people you frisked were innocent? The cop just stares at him. Jimmy tells the judge nothing further. The judge asks the DA if she has anything more and she indicates she doesn't. The judge tells the witness to step down. 

The judge then asks the DA if the Commonwealth has anything else and she stands and says no, but she would like to remind the court that in addition to pat downs being constitutionally permissible, this woman - indicating Jennifer - is 8 months pregnant and she would like to ask the court to seriously consider the consequences of.... The judge cuts her off before she can finish, saying that the charges against Ms. Cole are dismissed without prejudice. She tells the DA if she can bring her new evidence then she can re-file and tells Jennifer she is free to go. Jennifer is all smiles. JImmy is not.

Ellenor is walking in with a judge to his chambers. She is thanking him for being gracious enough to see her. He says there was nothing gracious about it. He says she somehow got his home number and awoke him from a deep sleep and he had no idea what he was saying yes to. Ellenor says to him that they were basically blackmailed, that Judge Aldridge told them to accept the knock down number or else and the or else being that if we chose a new trial, he would keep the case and steer up into defeat. This judge tells her that she is talking about one of his most respected colleagues. 

Ellenor says who committed gross abuse of discretion, that what he did did not respect him or the court, that it was blackmail and she is not overstating it. The judge looks very unhappy with her. He asks her if she can substantiate this. She says yes, that her co-counsel Lindsay Dole was present as was opposing counsel. The judge doesn't buy it. He walks back to his desk and tells her that if she thought the judge was out of line she should have asked a court reporter to step in. She says he never would have said that on the record. The judge tells her she needs a record in order for her to act, and at minimum she should have appealed the reduction but instead she agreed to the knock down and took the money. She says her clients took it under duress. 

The judge says well that was a big mistake and she made it. He sits down and says maybe that's what's eating her. Ellenor goes over to his desk and says angrily that what is eating her is being blackmailed by a judge, that what he did was corrupt. This judge says he doesn't see that on any appellate record. Not about to give up, she asks what would be her options. He says she could move for a new trial and request that Judge Aldridge recuse himself. Ellenor says but Judge Aldridge would be the one to rule on those motions. This judge says correct. Ellenor asks if there is another option. 

He tells her she could file a motion with the circuit court of appeals to have him removed for bias. She likes that idea and tells the judge that's what she wants to do. The judge tells her it would be her word against his and that these judge judges would be federal circuit court judges, he says he doesn't just get a jury of his peers here, he gets his friends. Ellenor says firmly that that's what she wants to do. The judge advises her to think long and hard about that. Ellenor says that now it sounds like he's threatening her. He says no, he's giving her some advise. Ellenor is not to be denied. She says she wants to file a formal complaint.

Back in the hallways of the courthouse, we find Helen walking down the hallway. Richard passes her without even a glance. Helen follows him, confronting him as he waits for the elevator. She says to him "Richard, is this it? Are we never talking again?" Not looking at her he says that there's nothing really to talk about. Helen says would he at least give her 20 seconds. He thinks for a second and then turns to face her. She says to him that she knows this goes against his fiber but sometimes the people they charge with crimes are innocent. 

Richard says that Scott Wallace is not innocent. She says her point being that she thinks he is and that she also believes a witness lied after he coached him. He just glares at her. She says to him that they're officers of the court and that has to mean something. He says to her that he understands that, and that he also understood her to be his friend and she cut his legs out, basically accusing him in open court of being dishonest. Helen tells him he's taking this a little too personally. Richard says "Let me tell you something, Helen. I get called a lot of things. The defense attorneys call me the midget, the judges call me little Napoleon. I take a lot of abuse. But I get through it everyday because I also have a reputation for being good at what I do and I have a reputation for being an honest person. That reputation is dear to me. And when a colleague, a friend, stands up and obliterates that reputation, its personal." The alleviator door opens and Richard steps in leaving Helen standing alone.

Jimmy is also in the hallways of the courthouse. He meets up with Jennifer, telling her he could give her a ride to the hospital. She asks what hospital. he says the rehab, he has it all set up, she can do it out patient. She says she was going to go see her aunt today. He tells her she can go see her after, that she promised. She grudgingly says ok, but before they can go anywhere they are approached by the DA and the cop who was testifying. He asks what's going on and is told to please step aside. He tells Jennifer that she is under arrest. Jimmy and Jennifer both are in the dark. As the cop goes to handcuff Jennifer, Jimmy asks the DA what is going on. She says distribution of a controlled substance to a minor. He says distribution? Jennifer says distribution of what? Jimmy tells her not to say anything, but asks the DA distribution to who? She says the baby. Jennifer says her baby? Jimmy says you've got to be kidding. The DA says she's smoking crack for 2 now. Jennifer asks what she's talking about and pleads with Jimmy to help her as she has her rights read to her. Jimmy just looks at the DA like she's crazy.

Commercial.

Jimmy is back in the office of the DA on Jennifer's case. He's pacing - angry. She tells him to calm down and hear her out. He says he won't calm down, that this is ridiculous, that there's never been a case made to distributing to a fetus and she knows it. She says that's just because its never been made before. She tells him Jennifer distributed cocaine to her baby through her blood stream. Jimmy says he'll be moving for sanctions on this and he'll get them. She asks him how sure is he that he won't use again, like tomorrow. She says Jennifer has a viable baby, that if she hasn't done any damage already, she might the next time. 

She says she is just looking to get her off the streets until the baby is born. Jimmy says he has her in rehab. The DA says yeah, voluntary out patient - come on! Jimmy says she can't arrest her. The DA says that technically she can make the case. Jimmy says she's deluding herself. They argue back and forth, the DA saying that Jennifer is endangering her baby if she keeps using, Jimmy saying she can't win. The DA says she can win if Jimmy doesn't fight her. That stops Jimmy in his tracks. He looks at her and then asks her if she's asking him to conspire with her to keep her in jail. 

The DA says one month, until the baby is born. She says she knows he cares for this woman. He says he does and she'll go crazy inside. He says she needs help, not jail. The DA says this is the only way she's going to get help. She says if she walks it will be straight to the local crack house. Jimmy says we don't know that - but he sounds as if he does know it. The DA asks him if he knows what crack does to a baby? She says it cuts off the blood flow - oxygen, nutrients, seizures, heart attacks, brain damage. She says let's plead this out - in patient rehab, no jail. Jimmy says to her that he's asking him to cop to a bogus charge. She says she's asking him to consider that he really has 2 clients here. She tells him that if she gets out she'll o.d., miscarry, who knows what will happen. She says Jennifer trust him and he can help her. Jimmy just looks at her - torn as to what is the right thing to do.

Back at the office, Ellenor and Lindsay are meeting with Mr. Jamison. They have been filling him in on the case against the judge. Ellenor is telling him that its a complete long shot, that this is a very popular judge and the other judges aren't likely to sanction him. Mr. Jamison asks what about the settlement that they have already agreed to. Ellenor tells him that if they win, hopefully they can get him more, and in defeat they keep what they have. He asks so what happens. 

Ellenor says they have a hearing scheduled tomorrow for 3:30 and they have nothing to lose. Bobby comes in to hear that. Mr. Jamison says ok and leaves. After he leaves Bobby says in disbelief "You filed a formal motion against Aldridge?" Ellenor asks what the problem is. Bobby says the problem is is this is not something attorneys do. He says "Why? Because federal court is like a club as far as judges go. They have tenure. They stick together. And the only thing that will come out of this is that this firm will be retaliated against." Ellenor says oh please, what can they do to us? Bobby says "What can they do to us? You just saw first hand what they can do.

They can cut damage awards, over turn verdicts, give lousy instructions, deny bail, cut fees - what can't they do? Not to mention they can put all our cases at the bottom of the docket and we'd never even get to trial. What you're doing here could hurt all of our clients. At a minimum, this should have been the subject of a partnership meeting." Ellenor walks past him saying that she's had bad experiences with partnership meeting. Bobby says snide isn't what he was looking for. Ellenor tells Bobby she has a plan, that she was hoping to avoid the hearing against Aldridge. Bobby asks how. She says she has a meeting scheduled with lawyers from the EPA. She says she thinks with even the threat of the knock down number being thrown out she can chip the number up a little. Bobby says somehow he doesn't think this is about chipping up the number. Ellenor says she is only trying to help the client, that this is not about vengeance. Bobby looks at her, not quite believing her.

In Jennifer's jail cell, Jimmy is explaining something to her. Jennifer says she doesn't understand. Jimmy says if she pleads guilty to distribution, they'll recommend straight probation for a year as long as she gets residential treatment. Jennifer says she hates those places, all those freaky junkies and weirdoes that it would be like poison for the baby. Jimmy says she needs help, that she has an addiction. Defensively she says she does not, that she can stop whenever she wants. Jimmy asks her then why hasn't she - 8 months pregnant - why hasn't she? Searching for a way out she tells Jimmy she'll go to her aunt's house, that there's this little room, its the perfect size, that she has no curtains yet because they're going to be either blue or pink. 

She says that rehab is no place for a baby, that a baby should be at home. She looks pleadingly at him and asks him what she should do. He looks at her for a moment, leans forward and gently tells her that they have a case here and that they're real serious. He tells her he thinks she ought to to take the plea, that its the best thing for her. With the voice of a scared little girl, eyes welling up with tears, she asks Jimmy "You really can't make it go away?" Jimmy says no. Left with no real choice, and trusting Jimmy implicitly, she nods her head yes. Jimmy sits back, knowing what he did wasn't totally right, but feeling that what he did was best for Jennifer and her baby.

At the prison, Bobby is meeting with Scott Wallace. He seems a bit more frazzled than before. He asks Bobby how long. Bobby tells him he's hoping for next week. Scott says no, no , he has to push it up, that he can't take this place, that they see him as some rich guy, that he's going to be meeting up with the end of a broomstick in here. He says he has to get him out - minimum security, work release... Scott says he has money - Milken got out with money - he can pay. Bobby tells him that Milken was in for securities fraud, he's in for murder. Scott slams his fists on the table and yells "Get me out!" He's losing it. He gets up regains his composure. Bobby tells him they are trying to push up the appeal as soon as possible. Scott sits back down. He says he'll get a new trial, right? That the judge made all those mistakes, so he'll get a new trial? Bobby says that that's what they're hoping for. Nervously, scared, Scott tells Bobby "See, you got to hurry, Bobby, see? I thought I was ok, but I'm feeling maybe I'm not. You just hurry, ok?" Bobby looks at him, concerned, and tells him ok.

Lindsay and Ellenor are meeting with the 2 EPA lawyers. The younger one asks if they expect them to laugh. Ellenor says no she doesn't. She tells them that they have a hearing scheduled for tomorrow. She hands them some papers and tells them that they are their subpoenas to appear as witnesses. The younger EPA lawyer says does she think if they are called to testify that they'll say they think that Judge Aldridge is guilty of blackmail? Ellenor says that she thinks if called as a witness they will give truthful testimony and they all know what happened in that room. The younger EPA lawyer says he truly admires her fortitude, but if she has any notion that they will compromise their client's interests.... 

Ellenor interrupts telling him that they wouldn't be lawyers in this proceeding, they would be witnesses. He looks at Ellenor and tells her she's insane. Lindsay interrupts and tells them they aren't really here trying to secure them as witnesses. The older EPA lawyer asks why are they here? Lindsay says that if they're successful at overturning Judge Aldridge, that the 72 million dollar verdict could be reinstated. She says they have to be concerned about that. The younger lawyer says they're aren't. Lindsay says do they really want to risk it? The older lawyer says that the odds of that panel overturning Judge Aldridge.... Lindsay cuts him off, repeating do you want to risk it - 72 million? 

The older lawyer says why don't they get to the punch line. Ellenor says that for 6 million dollars they'll drop the case against Aldridge. The younger lawyer says "Once again, I must ask, do you expect us to laugh?" Ellenor says they won't be laughing if the 72 million comes back. He says he thinks they'll run that risk. He asks if there is anything else. Ellenor and Lindsay pack up their papers. Ellenor says the hearing is tomorrow and they've received their summons. The younger lawyer says yes, and between now and then they'll be sure to go over their testimony. Ellenor glares at him, venom in her eyes, and says "You really are an ass, you know that?" He glares back at her and says "Tell a friend." Ellenor and Lindsay get up and leave.

Commercial.

Its morning at Donnell, Young, Dole and Frutt. Bobby has apparently been telling Eugene that Scott is losing it. Eugene asks if he's been talking about Fiji again. Bobby says no, but.... Lucy interrupts and says the appeals court can schedule it for next Tuesday. Bobby says do it. He asks Rebecca if she can have the brief ready. She says it will be done. Lindsay comes over and says she's going to see Judge Aldridge now. Bobby asks why. She says she's going to try the velvet hand first. Eugene says does she really think he's going to listen to them after they filed a motion against him?

At the courthouse, the hearing for Jennifer Cole's plea is being held. Jimmy says they're entering a plea of guilty pursuant to an agreement. The judge says let's hear it. The DA says 1 year in the house of correction suspended, 1 year probation as long as she enters a detox center today, upon release she immediately goes to a halfway house and then to a sober facility for the term of her probation. The judge asks if this is for the offense as yesterday. The DA says no, this has nothing to do with the search. She says the defendant was seen by witnesses ingesting cocaine. The judge says the charge is distribution. The DA says she is in her 8th month of pregnancy, she ingested cocaine distributing the drug to her unborn child. The judge looks at her and says come again? 

The DA says the distribution was to her fetus. Jennifer leans over, confused, and asks Jimmy what's going on. He tells her its fine, not to worry. The judge then asks Jimmy if he has fully explained the nature of these charges to his client. He says yes, that Ms. Cole understands the charges against her. The judge then says to him "Do you?" Jimmy doesn't say anything. The judge then asks Jennifer if Mr. Berluti explained to her that its extremely unorthodox for a pregnant woman to be charged with this crime. Jennifer doesn't understand. The judge then asks her what her lawyer told her about the case against her. She says he said she should take the plea. The judge asks her if he told her why. Jimmy tries to interrupt, but the judge says she is addressing Ms. Cole. She says he told her they probably wouldn't win this. Angry, the judge orders both Jimmy and the DA to her chambers.

Back in her chambers the judge says she has never seen this law enforced against pregnant women. The DA says that doesn't mean it can't be. The judge says she's not so sure she's right about that, but even if she is she sees no basis for a defense attorney to surrender. She says "What did you two do, decide on a punishment and then flip through the general laws for a crime?" The DA says she doesn't believe the judge has a right to change a plea agreement. The judge says she certainly has the right to reject one. The DA asks on what grounds. 

The judge says due process, unethical behavior, lack of legal basis, collusion - take your pick. She goes over to Jimmy and says what's our role today - lawyer or mother? Jimmy says he advised his client and the fact that she may disagree with is advise does not make him unethical. She tells Jimmy that he took an oath to zealously defend his clients legal interests and that getting her into rehab doesn't qualify. She then asks Jimmy if he told her that this case would most likely not make. He tells her her told her he couldn't be sure. The judge won't hear of his avoidance. She tells him he may as well answer because next she will be asking his client. She repeats the question to Jimmy - did his client when agreeing to the plea, fully understand that she would most likely not be convicted of the crime with which she was being charged. 

Jimmy tells the judge that his client is a crack head and that she can't even fully appreciate that she's killing her baby. The judge glares at Jimmy and the DA and then says that the plea is rejected and she's reporting both of them to the state bar and tells them to get out. Jimmy fires back. He asks her if she has ever seen a cocaine baby. She glares at Jimmy and says to him "Mr. Berluti, you are an officer of the court who is one word away from contempt." The DA and Jimmy leave.

In Judge Aldridge's chambers, Lindsay is trying the velvet glove approach. She tells him they really don't want to go after him. The judge, very sarcastically, says he's touched by that. Lindsay says they have great respect for both him and his position but their feeling is that he did cross a line here. The judge says "Let me tell you something, Ms. Dole. I was at that trial everyday. There was no case. You people should be laughing to get 400,000." Lindsay says that that is the evaluation of the merits, which is the jury's function. The judge says the jury blew it. Lindsay says ok, but to go from 72 million to 400.... She says if she could prevail upon him to revise the knock down number, she could certainly prevail upon the client to pull back on their complaint. 

The judge says the client isn't pushing this, that Ellenor Frutt is the driving force behind this. He tells Lindsay that here is something Ellenor should know, that he has life tenure, that he will be here a long, long time with a vivid memory and that you people will not intimidate him. Lindsay says they aren't looking to do that. Judge Aldridge says to tell Ms. Frutt that he is issuing a gag order in connection with this case and if she says one word to the press then she's in contempt and "if she snorts out a single negative utterance about me to anybody I will refer her to the federal disciplinary panel for violating the court rules for disparaging a judge. If she wants a fight, she's got one. You go tell her that, Ms. Dole." So much for the velvet glove. With smoke about to come out of her ears, Lindsay gets up and leave.

Back at the courthouse, Helen has tracked down Richard in the hallway. She asks him if he had the Wallace file removed from her office. He says to her that they're working on an appeal, certainly she doesn't expect to be handling it. She asks him why didn't he just ask for the file. He says he couldn't presume her cooperation. He says for all he knew she could have made copies of their work product and hand them to the defendant. Helen takes Richard aside and tells him she thinks he knows in his head that what she did wasn't personal, and what he's doing now is. Richard says she can act on her principals, he'll act on his. 

Helen says "My principal is justice, Richard, yours is politics." Richard says politics? She says "I know what's going on, Richard. I still have ears. Suddenly I'm a pariah in the department and you're choosing to distance yourself. That's fine. Let's not forget, your career was hanging by a thread a few months ago and I'm the one who stood with you and behind you. Now that the idea that the association with me could be detrimental, run. You're a hypocrite and a coward. Please do take that personally." She leaves, leaving Richard standing in the hallway, just a little shorter.

Back at the jail, Jimmy is meeting with Jennifer. He has told her the whole story behind the plea and what the judge has said. She's angry. She says he lied to her. He says he didn't lie. She says she stands a good chance of getting this case dismissed? He says yes. She says you lied to me. He says he's just trying to keep her safe until the baby is born, that she's still using. She asks what happens now. He says they go back in before Judge Spindle this afternoon, that she might bind you over for trial, she might kick the case depending on how convincing the DA is. Jennifer says she wants another lawyer. Jimmy says if she wants him to beat it he'll try. She says she wants another lawyer, can she get a public defender? He says he's sure she could but... She says then that's what she wants. She tells him he's fired and asks him to leave. He tries to say something, but she just repeats that he's fired. He says to her that she's going to wind up dead or killing your baby. She just looks at him, defiantly. He calls for the guard and leaves.

Commercial.

At the hearing for Judge Aldridge we find Ellenor, Lindsay Judge Aldridge and another man sitting at each end of a very long table before a panel of 3 judges. Ellenor is explaining what happened. She is saying that Judge Aldridge said that if they opted for a new trial he would very likely remit the next award to 75,000. She says he was clearly threatening to punish them if they chose to execute their legal rights. One of the panel says to her that judges try to steer lawyers all the time. Ellenor says this was much more than steering, it was a threat. Judge Aldridge asks if he may respond. He says if he was guilty of bad judgment it was in allowing any reward, to him 75 was too high. He says but when you're sitting in front of sympathetic parents who have gone through the ordeal of a long trial in the wake of a jury verdict, he didn't want them to walk away empty handed. That's why he gave them the 135. He says he let Ms. Frutt know that she shouldn't bank on his continued sense of charity. Ellenor says to him that he chipped a 72 million dollar reward down to 400,000 out of a sense of charity? He says he allowed her to keep the 400 on a claim that was really worth nothing.

At the hearing for Jennifer Cole, The DA is arguing that they have let murder charges stand when the victim is a viable fetus. Jennifer's new lawyer, a public defender, is arguing that was for a 3rd party, not the mother. He says that for drug distribution you have to establish specific intent and that there's been no showing of that. The DA says that specific intent can be inferred. The lawyer says to the DA is she saying that Jennifer Cole intended to poison the fetus with cocaine. The DA says all she is saying is that if you permit an act that causes a result that is not only foreseeable but in fact is unavoidable intent can be inferred. The judge says she's sorry but she has to consider the legislative intent and there is no evidence that the drug distribution laws were ever meant to apply to pregnant mothers under this fact pattern. 

The DA says says there is no evidence to disprove.... The judge interrupts, saying that ambiguity cuts in favor of the defendant. The DA says that all she's acting is to bind her over, to just hold her until... The judge says she can't do that. The DA says in the alternative she would like her to continue this matter to let her do more research..... The judge says denied. She says the charges are dismissed, this time with prejudice and the defendant is free to go. JImmy, sitting in the gallery, looks very disappointed. Jennifer looks very pleased. She shakes her public defenders hand and goes to leave the courtroom, but is stopped at the door by Jimmy. He says to her let's go. She says go where. He says rehab, that every thing is set up. She says she's not going anywhere with him. He says she has a problem. Defiantly, she says to him that whatever her problems are, she's not about to come to him with them, and she leave.

Back at Judge Aldridge's hearing, one of the panel of judges is saying that D,Y,D and F hardly have an unblemished track record, in fact he might go so far as to say that they have a penchant for deceit. She says that whatever he may think of their penchants, they have always played by the rules and Judge Aldridge didn't, that it was cowboy justice. The judge on the panel says that as he sees it, most judges wouldn't have even let this go to trial. Lindsay speaks up, saying that they were in that room, that they heard what he said and the tenor of how he said it. She says it was blackmail. She says he took away their 7th amendment right to a jury trial and then he threatened them if they dared to appeal. 

She says that that's not the way its supposed to work. Another of the panel speaks up. He says he knows Judge Aldridge, that he's known him for 20 years and he would sooner take his word than that of a couple of criminal defense attorneys who moonlight with contingent fee cases. Lindsay is angry. She emphatically says she objects to that. The same judge from the panel that has just insulted them asks if they have anything else. Lindsay looks at Ellenor. They are obviously trying to grasp at something for they know if they rest here, they have lost. Ellenor looks back at the EPA lawyers sitting in the gallery because of their subpoenas. She says yes your honor, she would like to call Mitchell Kravits (the older EPA lawyer). He looks at her, obviously unhappy. In an almost panicked voice, Lindsay leans over to her and asks her what is she doing. In all honesty she answers that she has no idea. 

Mr. Kravits walks over to the table and is sworn in. Judge Aldridge looks a bit uncomfortable. Lindsay leans over to Ellenor and asks her what is she going to ask him. She says she doesn't know and then tells Lindsay to ask him something. She looks at her like she wants to say are you nuts? The panel judge tells her to go ahead and question Mr. Kravits. Ellenor says that is it true that he was in Judge Aldridge's office on the day in question for the transaction in question in his capacity as a lawyer fro the EPA. He says true. She says he's been sitting here listening to her version of what happened and Judge Aldridge's version of what happened and does he have an opinion as to which version is more accurate. 

He says that given that he participated in this transaction as an attorney, he doesn't feel it is appropriate for him to also bear witness on the events. One of the panel judges tells him that they have had a judge bearing witness so its ok for him to do so as well. Mr. Kravits says he has clients and he has a duty to them... The panel judge cuts him off, saying that this is a hearing about the conduct of the officers of the court, that it does not concern the interest of clients. Mr. Kravits says that certainly if it affects he can't be compelled to testify. The panel judge firmly says he wants to know what went on in that room. He says that he heard Judge Aldridge a short time ago and that they have all been listen ad nauseam to Ms. Frutt. He asks Mr. Kravits whose testimony today more accurately reflects what went on in that room. 

Mr. Kravits just stares at them, not saying a word. Another of the panel judges tells him that the court has asked him a question. He takes a deep breath and then diplomatically says that he believes the truth lies somewhere in the middle. Not satisfied, the panel judge asks him on whose side of the middle does the truth lie. Lindsay, Ellenor and Judge Aldridge all are looking at him. He is silent for what seems like an eternity. Finally he says Ms. Frutt. Lindsay mutter oh my God, as if she is surprised by his response. The panel judges all look at each other in amazement. One of them asks him if he believes that Judge Aldridge was guilty of judicial misconduct. 

Mr. Kravits sits silent. The judge says he's asking him a question and repeats the question. Finally he speaks. He says he thinks he conducted a fair trial, but what happened in his chambers after the verdict wasn't blatant blackmail it was definitely coercion. Angry, Judge Aldridge asks if he can respond to that. He's told to go ahead. He says he strongly disagrees with Mr. Kravits' characterization. He says lets remember that he was in the throws of being smacked with a 72 million dollar judgment, his career was probably flashing before his eyes. Mr. Kravits says he resents that. Judge Aldridge says firmly that he has the floor now. 

He continues, saying that Mr. Kravits' powers of observation may have been on tilt. One of the panel judges says that it is surely not biased, not against a judge ruling in his favor. Judge Aldridge says that a judge, every single day, exercises some coercion, he says that their dockets are jammed beyond repair with claims that have no legal merit, that this was one such claim, that they push, steer, bend, influence and yes coerce. He says we do it every day and if they didn't, God help the mess, not to mention the injustice. He says the line is a gray one and he submits to them that he did not cross it here and the facts underlying the case here did not justify a 72 million dollar verdict. He says he was there at the trial, that he heard the evidence and this panel did not. He says there was no abuse of his discretion, that the knock down number was fair. As he finishes he shoot a look down the table at the others. 

The 3 panel judges start conferring amongst themselves. Lindsay and Ellenor nervously look at each other. The EPA lawyers watch them intently, as does Judge Aldridge. Finally, the middle panel judge speaks. He says that the knock down number is knocked out, that the award of 72 million dollars is reinstated, defense is free to bring a new motion to remit once the case has been reassigned and he adjourns the hearing. Judge Aldridge looks upset, the EPA lawyers do too. Lindsay and Ellenor look a bit shell shocked, as does Mr. Jamison who has been watching the proceedings. Lindsay and Ellenor go over to Mr. Jamison. He says he's afraid to celebrate. Ellenor tells him that's very wise. She says that the 72 million will still get chopped down, that they are going to do some research and try and come up with a number and try and settle. Mr. Jamison says ok, wow. Ellenor and Lindsay smile and say yeah.

In a hospital corridor, we find Jimmy walking quickly down it, looking for someone. He finds him, Josh, a doctor, and they walk off by themselves. Josh tells him he shouldn't be talking to him - doctor/patient. Jimmy says yeah. Josh says partial placental abruption, the placental lining started to come loose from the uterine wall. Jimmy asks coke? Josh says she started bleeding, had enough sense to call EMS and went into shock. Jimmy tentatively asks about the baby. Josh says they delivered, a little girl, 3-1/2 pounds. Jimmy asks if she's all right. Josh says its too early to tell, that she lost oxygen because of the abruption, that they're going to do a cranial ultra sound to check for stroke, and there was cocaine in her body - some agitation, maybe withdrawal. He says they had to notify social services.

Jimmy enters a darkened hospital room. He walks over to the bed where Jennifer lies sleeping. Slowly she opens her eyes. She says weakly that she's sorry. He tells her to just rest. She says that they won't let her see her. He walks over to the bed and tells her later. She looks at him and asks him if she's ok. Jimmy says they don't know yet, that the doctors are hoping. Tears start rolling down her cheeks. She says they're going to take her away from her, won't they. Jimmy doesn't know what to say. Finally he says that its too soon to know and that she should just try and get some rest. She looks at him, eyes pleading, and says for him not to let them take her away, ok? He again seems at a loss for words, but finally says ok.

Jimmy is walking up to the hospital nursery window and looks in, searching for Jennifer's baby. He spots a tiny baby in a pink cap, hooked up to a respirator, tubes all over the place. He stares at her, looking as if he's trying hard to hold back tears.
The end.

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