Written By: David E. Kelley

We open with a woman sitting it Helen's office. They have been discussing a plea agreement. The woman is saying 2 years is all he'll get? Helen says yes, that that's a pretty good deal for them, if he were convicted he would probably only serve 3. The woman says she could have died. Helen says yes, but she said he really wasn't trying to kill her. The woman says but he tried to hurt her. Helen says yes, and that's why he's about to go on trial. Helen tells the woman (Margaret) that she'll get him but if they can get the plea... Helen says she doesn't think she wants to go through this, that she knows her husband's lawyers and they're tough (any guesses as to who they are??). Margaret sits there and just says 3 years as if in disbelief.

At the offices of Donnell, Young, Dole and Frutt, a man is meeting with Rebecca and Jimmy. He's Margaret's husband. He's saying he won't plead guilty. Rebecca says this is his wife saying he pushed her down a flight of stairs. The man says he didn't touch her. Jimmy says the problem is that victims of domestic violence can look very sympathetic. The man says she's not a victim. Rebecca says they will make her look like one and the jury will want to know why she would lie about something like this. The man says he would like to know that too and what about his daughter, if he pleads guilty to a crime like this he'll lose custody of her. Rebecca says that's not necessarily true. The man (Robert) says no, he didn't push his wife down a flight of stairs and he won't say that he did, that he doesn't car what his odds are, he won't. Jimmy and Rebecca just look at each other.

Opening credits.

At the office of D,Y,D and F, Ellenor is at her desk, Eugene is leaning over a counter by the library, Lindsay is sitting at her desk and Bobby is standing beside her, going over something. All are working. Lucy steps forward and says "May I have your attention everybody. I have some very exciting news." She goes on to say that its kind of private but she's been keeping it now for about 2 months and she can't do that anymore. She is standing in front of Lindsay's desk. Bobby asks her what. He sounds a bit impatient. Lucy goes on. She says about 2 months ago "now in keep in mind it is so unlike me to go through waste cans but it was a dull day and I was in the ladies' room. Anyway, I found this pregnancy test thing and it was positive." Eugene glances up from his book as if saying he can't believe she would go rifling through the trash. Ellenor glances at Bobby and Lindsay with an amused look on her face. 

Lucy continues. "Now I know it could have been anyone on this floor, but I still had a feeling." Eugene walks over near the others. Lucy goes on, "Then yesterday a book came and I opened it thinking it was just office supplies - book usually library things..." Lindsay and Bobby are listening intently. Lucy goes on "Unfortunately, I threw away who it was addressed to and then the trash guy came and picked it up whatever..." She turns around and picks up a book from her desk and holds it up for all to see. "What to Expect When You're Expecting. Somebody here is preggos." She looks at Lindsay. "Lindsay?" Lindsay seems surprised. She says "I didn't order that thing." Lucy says "Oh come one. I thought I saw a tummy." Defensively, Lindsay starts to pull her jacket around her and repeats that she did not order that thing. Bobby, giving up, says "Lindsay, we might as well tell them." She glances up at him, a little smile creeping onto her face. 

At the realization, a big smile comes across Ellenor's face. Eugene looks very pleased and surprised. Lucy smiles broadly - both at the news and at the fact she found them out. Lucy says that's great. Lindsay stands up and says "Thank you Lucy for your exciting news." Lucy says "Well I couldn't keep it from the family." Ellenor gets up and asks how fare along is she. Lindsay says, looking excited and pleased, 4 months. Bobby is just standing there grinning with his hands folded in front of him. Lucy sarcastically asks who the father is. Lindsay glares at her and says "You're funny today." Ellenor gives her a big hug. Eugene says Congratulations. Bobby just stands there with a big grin on his face.

At the courthouse Robert's trial has begun. Judge Hiller is presiding. Helen is playing a recording of a 9-1-1 call made by Margaret. She is screaming for help. You hear Robert yelling "What the hell are you doing?" More screaming then static. The 9-1-1 operator asks if she's still there. There is no response. A police officer is on the stand. Helen repeats an address to him and asks if he's familiar with that address. The policeman says yes, after the 9-1-1 call he proceeded to that location. Helen asks him what he found there. The policeman says the front door was open and the defendant was standing at the base of a stairwell in a foyer area. He says Margaret was lying face up wearing a nightgown and she appeared to be unconscious. He says Robert was sitting next to her holding her head from behind. 

Helen asks if there was anyone else in the house. He says the defendant's 9 year old daughter who said she was in her room and didn't see anything. Helen asks if he could describe the defendant's demeanor. The policeman says he was very upset and he could tell right away that he had been drinking, that his eyes were glassy. Helen asks what he did next. He says they called for an ambulance and took Mrs. Wakefield to Mass. General. Helen asks him to describe her condition. He says at first she was still unconscious but on the way there she began to come to and that's when she told him her husband had pushed her. Helen says just to be clear could he describe Mrs. Wakefield's exact words. The policeman says she said he pushed me, Robert pushed me.

Rebecca is questioning the policeman now. She says when he arrived her client was upset and was sitting there holding his wife's head. The policeman says yes. Rebecca asks him if he can exclude the possibility that Mrs. Wakefield tripped on her own nightgown. The policeman says can he positively exclude it, no, but.... Rebecca cuts him off and asks him when Mrs. Wakefield went to the hospital Mr. Wakefield went with them. The policeman says he met them there. Rebecca then asks if he permitted Mr. Wakefield to see his wife. The policeman says that at that point they didn't know what they had. Rebecca says really? She says so even after Mrs. Wakefield's big statement in the ambulance you weren't sure a crime had been committed? The police officer says they were investigating. Rebecca says you weren't sure about what she told you? He says they had no reason to doubt her. Rebecca says but the man she accused of pushing her you allowed to visit her, didn't you? The policeman says yes.

At the prison, Bobby and Eugene are visiting Scott Wallace. There is a screen between them. Bobby is asking what do you mean spots? Scott says spots, its worse when he looks at the light, but even when he doesn't he still sees spots, that they're big and then they shrink and when he blinks they come back, but not always. Bobby looks at him with concern. Bobby says they had the optometrist examine him? Scott says he's a hack, how many kids do you know who go to med school just to examine prisoners? He says the doctors in this place are all unemployable hacks. Suddenly he asks Bobby "Is it fun?" Bobby looks at Eugene, puzzled. He asks Scott is what fun? 

Scott says he would think it must be fun, that he must dream about big cases, and this one for murder with your friend on the hook, he says he would think that this one would have all the stakes that any lawyer would ever wish for and if he's not having fun now, then what's the point. Bobby looks at him as if he's losing it. Eugene says to Scott that they're going to have him meet with a psychiatrist. Scott laughs. He says he was convicted, do they want to have him declared incompetent to stand appeal? He says that's smart, why don't they examine his eyes while they're at it. The he asks "Do I get to go?" Puzzled, Bobby asks go where? Scott gets up and hurriedly leaves. Bobby turns to Eugene who says that Scott is losing it. Bobby says they have to get him the hell out of here.

Helen is sitting in her office. There is a knock at her door. Its Margaret. She shuts the door behind her and nervously looks at Helen. Helen asks her what's wrong. Hesitantly, Margaret says she doesn't think that Robert meant to push her down the stairs. Helen leans forward and says, disbelieving "I beg your pardon?" Margaret sits down. She says she's been replaying it over and over again. Helen is standing. She asks her if she's been talking to him. Margaret says yes, that they've been talking of reconciling, but that this is the truth, that she made a mistake. Helen is not pleased. She says to her not to dare do this. Margaret says to Helen that at the time she didn't know what to think, that one minute they're fighting, the next she wakes up in a hospital and the police are asking her questions and she was angry and she thinks she convinced herself at the time that he did it on purpose but he didn't and she is dropping the charges. Helen is really, really not pleased. 

She walks around to the front of her desk and tells Margaret that she doesn't get to drop the charges, only the district attorney can do that. Margaret says its her choice as to whether to continue. Helen says no actually its not - she called 9-1-1 and now she gets to make those decisions. Margaret tells her she's not testifying. Helen says then she'll get a material witness order and have her arrested. Margaret is adamant. She says if Helen tries to force her, she will tell the jury that she fell, that this was an accident. Helen sits down next to her. Almost pleading she says that she knows she thinks she has no life without him but... Margaret is getting angry. She says she's not some weak victim here. She regains her composure here and tries to explain to Helen. 

She says they have had a complicated, volatile relationship. She says if Helen wants to prosecute her for false arrest or whatever, she'll own that, but the man didn't push her down the stairs. Helen just stares at her, knowing that's not true. Margaret leaves. Helen sinks back in the chair, mouth hanging open in disbelief. Richard appears at her door. He asks her what happened. She says her victim just recanted. She says "That's why I prefer murders. When they're dead they can't change their stories." She gets up and walks back around to her desk and asks Richard what does he want. He says he came to apologize. He says he has been a little influenced by politics of late. He walks over to her and says that she was there for him when his job was in peril and he wants her to know that he's there for her now. Helen asks him if her job is in peril. 

He says they have stuck her with domestic violence, what does that tell her? Helen says they, they meaning Kate Brunner. Richard says she carries a lot of power. She stares at him. He goes on. He says he's told she's supplying Bobby Donnell with an affidavit. She says not that Richard suborned perjury, only that the witness was coached and that he committed perjury. Richard says if he can give her a little advise, she shouldn't give him that statement. Helen asks if that's why he's here, to reach out and gag a friend? Richard says nervously that it really doesn't affect him. She says it does his case and therefore you with Kate Brunner - you win she likes you, you lose she doesn't. Helen is sitting at her desk now. Richard comes over to her desk and says if he loses, she will get the brunt of the blame, not him. Helen tells him she already gave Bobby the affidavit. Richard looks angry. She tells him thanks for stopping by. He glares at her and leaves.

Back at D, Y, D, and F, its late. Bobby is working in his office. Lindsay walks in. She says "You're working late?" He looks up at her and says that the Wallace appeal is tomorrow. Lindsay sighs. She looks a little bit upset. He asks her if she's feeling ok. She says fine. A smile breaks out on his face. He says he's glad its out. He says it was hard for him to keep it a secret. Lindsay smiles. The she leans forward on his desk and says "Bobby, I didn't take the pregnancy test here. Did you order that book?" He looks at her puzzled and says "Me, no." Lindsay stands up, arms folded and says "That little witch tricked us. Either that or somebody else is pregnant." Bobby looks up at her. Could someone else be??

Rebecca is standing lost in thought at the library table. Jimmy asks her if she's ok. She says sure. He asks her what she is thinking about. She says just the case. A voice says "Ms. Washington?" Its Margaret. She asks if she can speak to her. Rebecca says she represents her husband. Margaret says yes she knows, but she has decided not to testify. Rebecca and Jimmy are stunned. Margaret says she actually does want to testify, but for Robert. Rebecca says she's not sure she understands. Margaret says their client is innocent. Rebecca and Jimmy look at each other, not sure as to what to think.

Commercial.

At the jail, Scott is being taken away after meeting with a psychiatrist. The doctor goes up to Bobby and Eugene and tells them they have a problem, that he is about 2 weeks away from Bridgewater (I assume this is a psychiatric hospital/prison). The doctor tells them he is suffering from severe clinical depression and that he needs to be hospitalized right now. Bobby tells him they're due in court. The doctor emphatically tells him that Scott is not going to court, that he is in the middle of what they call a situational mental breakdown most likely caused by twin positional traumas - the death of his wife and his conviction. He says that with the spots, his inability to sleep, that the man is on the verge of a psychotic breakdown and that he needs to be transferred to a mental facility right now. Upset, Bobby tells Eugene to go to Judge Wolfe and file a motion to have Scott transferred to the hospital jail ward right now. He says he will handle the appeals court himself. Eugene tells the doctor that he'll need his affidavit and asks if he will agree to supervise him in there. The doctor says absolutely and tells them that they have to get him out of prison.

In a courtroom, Margaret is on the stand. Rebecca is questioning her. She is testifying that her husband had her by the shoulders, that his face was right in front of hers, that she had never heard him scream like that before. Rebecca asks what they were fighting about. Margaret says the same thing as always - he wouldn't stop drinking, that it was getting worse since the wedding. Rebecca asks if she told him she was worried. Margaret says she tried but when Robert is like that you can't tell him anything. Rebecca asks what he was saying. Margaret says he said it was her fault, that he had to drink because she was making him miserable. She says he was yelling and shaking her and that's when she got scared. 

She says she waited until he left the room and then called 9-1-1. Rebecca asks her to tell the jury why she called the police. Margaret says she never wanted to have him arrested, that she thought the police could just get him out of the house, hold him until he was sober again. Rebecca says and then he heard her on the phone? She says he came up behind her and ripped the phone out of her hand, that that's why she was screaming on the tape. She says she was scared so she ran, that when she got to the stairs she was going too fast and all she remembers was falling and waking up at the hospital. Rebecca says she wants to be clear - she asks if Robert pushed her down those stairs. Margaret says no. She says they were fighting but he didn't hurt her, that she tripped and she fell. Rebecca points out that that is not what she told the police. Margaret says she was angry, that the police were trying to get her to say what they wanted and she wanted to punish him.

Helen is up next. She is reading from Margaret's statement to the police: "We were at the top of the staircase. Robert had me by the hair. I begged him to let me go and then he pushed me from behind." Helen puts down the statement and asks Margaret if that is what she said in the hospital. Margaret says she really didn't have time to think about things. Helen asks her if she and her husband had talked about reconciling. Margaret says yes. Helen asks when they had those talks. Margaret sighs and says a few days ago. Helen walks over to the evidence table and picks up an enlarged picture of Margaret taken at the hospital. It shows her face bloodied and battered. 

She walks back over to Margaret and holds it up in front of her and tells her to look at her face. Margaret looks at it and then says she's not saying she didn't fall down the stairs. She says she's not saying that it didn't happen as the result of an argument and a scuffle with Robert. She starts to say that she has finally come to the conclusion... Helen stops her, saying that she has answered her question. Margaret says no she hasn't. Helen asks Judge Hiller to instruct the witness to... Margaret says Helen is trying to control her. Judge Hiller says the witness may answer the question. Margaret takes a deep breath and says that what she is finally admitting to is that he didn't intend for her to fall. She tells Helen that she knows this disturbs her case but like it or not, its the truth.

In the appeals court, Bobby and Richard stand before a panel of 3 judges to present their cases. Bobby is speaking first. He says he would like to focus the court's attention on their first issue for appeal which is the trail court's refusal to conduct an evidentiary hearing concerning the charge of perjury by a material witness and the prosecution's role in suborning that perjury. He says that attached to their supplemental brief is the sworn affidavit of District Attorney Helen Gamble who was present when Mr. Bey encouraged the witness Kyle Barrett to give false testimony. 

One of the judges says that's not what her affidavit says. He says he coached the witness but doesn't go so far as to say he suborned perjury. Bobby says that the affidavit says he supplied testimony that was new and different from any prior statement that was supplied bu this witness and to him that him implies perjury. Bobby says that a reading Ms. Gamble's statement reveals that she too drew that inference. Another of the judges speaks to Richard. She says that she assumes he takes issue with the affidavit. Richard says he is offended by it. He says he certainly expressed to the witness the need for his testimony to be compelling but he never remotely asked him to lie. 

Another of the judges asks him about the idea that he supplied the testimony. Richard says he gave him a list of points they needed to cover, he told him what was most relevant and what needed to be emphasized. Richard says that the idea that he encouraged false testimony is preposterous, he says its a desperate ploy of a defense team that is even arguing its own inadequacy if they will look at paragraph 6. Bobby turns to Richard and says that he hasn't got to that yet. Richard ignores him and says to the judges that this is the catch all inadequacy appeal that is thrown out there when the defense has little else to go on. He says that the fact remains that Scott Wallace is an educated man, that he participated in his defense fully, that this was a strategic position to which he relented, that it does not rise to a denial of his right to testify.

In Judge Hiller's chambers, Helen, Rebecca and Jimmy are arguing before her. Judge Hiller is sitting at her desk looking through some papers. Rebecca says this is unfair surprise. Helen says she didn't know about it herself, that she just uncovered it. Rebecca says that doesn't matter, that at this point in the trial... Helen says look, she will give Rebecca time if she wants discovery. Rebecca says she doesn't want time. Judge Hiller, referring to the papers, asks Helen if these are records of Margaret's injuries. Helen says no, Robert's previous wife's. 

She says there are also medical records of 3 injuries to his daughter - a broken arm, a shoulder bruise and a laceration. Judge Hiller asks over a period of? Helen says 11 years total. Rebecca argues that there is no evidence or suggestion that her client caused these injuries. Judge Hiller asks Helen if Mr. Wakefield was ever accused of any abuse. Helen says no, but with this pattern he probably should have been. Judge Hiller asks Helen if she has any she has any evidence that he caused the injuries. Helen says no but... Judge Hiller stands up and says denied. She tells Helen she knows better than that. She tells them all to leave. Helen looks very frustrated.

In a room at the courthouse, Robert is standing staring out a window. Rebecca walks in, closes the door and asks him abruptly if he ever hit his first wife. Robert turns, surprised at the question. He says what? Rebecca tells him they dug up hospital reports, and some on his daughter too. Robert in disbelief asks if they're saying that he hit them? Rebecca says that luckily they don't get to say it but her question is did he hit them. Robert says of course not. Rebecca asks him how they got their injuries. Robert asks what injuries. 

Rebecca says bruises, cuts, that Jennifer (his daughter) had a broken arm. Robert, offended at the insinuation, says she fell off her bike. He says Joanne (his first wife) rode horse, she jumped, that she had a couple of accidents maybe. He asks what the hell is this? He asks if this is what happens now, that they start manufacturing things? Rebecca looks as if she doesn't quite believe him. She tells him it seems like a lot of accidents. He says he's had his share of yelling arguments, that he's even grabbed from time to time, but he's never ever hit a woman or his daughter. Rebecca tells him she doesn't think its wise for him to testify, that she thinks they should rest and go to closing. Robert asks defensively why is that? Rebecca says because Helen could back-door that stuff for impeachment and it doesn't look good. Offended, Robert asks if he needs another lawyer here. Rebecca says she'll finish. Robert says he doesn't want her finishing unless she believes him and repeats - "Do I need a new lawyer?" Rebecca just looks at him and repeats that she will finish.

Commercial.

At their apartment Helen and Ellenor are talking. Helen is saying that she knows Margaret and she knows he is covering for him. Ellenor says "At the risk of getting my head bitten off, ground into wheat germ and sprinkled on your cereal, I know you." Helen asks what that is supposed to mean. Ellenor says it means that she is under a lot of pressure at work. Ellenor says has she considered the possibility that she needs this conviction so badly that she is willing to chase one even in the absence of a crime? Defensively, Helen says that after what she did on the Wallace case, how could she even say that to her. Ellenor says she believes Helen believes he's guilty but her question is does she need to believe it. Ellenor says that the only eyewitness was the victim and she says there was no crime. Helen thinks for a moment and then asks was she the only eyewitness? She has an idea.

Outside a school yard, Helen looks throw a crowd of children playing. She sees one and walks over to her. Its Jennifer. She says hi to her and introduces herself to her. Jennifer looks at her and tells her she knows who she is.

Back at D, Y, D and F Lucy answers the phone, "Donnell, Young whatever." Eugene looks at her almost puzzled. She listens for a moment and then says to Bobby that its the clerk's office about the appeal. He takes the phone from her. He listens, seems to be surprised at what is being said, says thank you and puts down the phone. Eugene asks what? Bobby says they have ordered a full hearing on the perjury issue, that they go back into Judge Wolfe today. He says that that is their best grounds, that they have a shot. Eugene says he can't believe it. Bobby says they have a shot. Eugene tells him not to get carried away. Bobby says its their best grounds, that they're going to get him out. In a warning tone, Eugene tells Bobby that they can't get Scott's hopes up - not yet.

In a room in the prison's hospital ward, Bobby and Eugene are visiting with Scott. Scott is in bed, a tray of food sitting before him. Bobby tells him they turned them down on 3 issues, but on the perjury issue they get a full hearing. Scott asks if this is good. Bobby says they were hoping they would order a new trial outright and they didn't get that but with a hearing if the judge determines that the brother did commit perjury then they get a new trial. Bobby adds that unfortunately they go before the same judge they had at trial. Scoot says Wolfe? Bobby says yes but... 

Suddenly Scott yells "I said no toast!" and throws his food tray away. Bobby and Eugene look at each other. Scott is trying to control himself. Bobby tells him he needs to rest. He tells him that the doctor says he is suffering from clinical depression what with Karen dying, the conviction... He tells him again he needs to rest, take his medication and that they will do what they need to do. Scott looks up at Bobby and says that the spots are gone away. He says he's doing better, that he's not seeing the spots. Bobby smiles weakly and says that this is great. Scott asks if he will come back and see him after the hearing. Bobby says he promises.

At the courthouse. Helen, Rebecca and Jimmy are again in Judge Hiller's chambers. Helen is arguing, saying that she (Jennifer) is a witness and she has the right to question a witness. Rebecca says she filed and appearance before the court that she was representing the entire family. Helen says that that's a potential conflict on interests. Rebecca tells her she should take that up here, not on a playground. Looking surprised at this, Judge Hiller asks Helen if she went to the school. Helen says yes. Judge Hiller asks what the hell is wrong with her? Helen says what's wrong is that she thinks this girl may have seen or heard something that night. Judge Hiller tells her that then her course of action was to get a material witness warrant. Helen says that under the circumstances.... 

Judge Hiller tells her angrily there are rules about barring contact with represented parties that especially apply to prosecutors. Hiller reminds her that Jennifer is only 9 years old. Helen says that she believes the witness is under the control of the defendant. Judge Hiller says that Helen has been running about making accusation after accusation with nothing to support it. Helen says that that is why she went to ask questions. Judge Hiller says she went about it in the wrong way. She tells Helen that she is restrained from going near the girl and that she's lucky she doesn't report her to the bar. Helen is clearly getting frustrated. She starts to say something else, but Judge Hiller cuts her off and says very firmly "That is all!"

In the conference room at D, Y, D, and F, Rebecca and Jimmy are meeting with Margaret who has Jennifer sitting on her knee. Jennifer asks if she has to do anything. Rebecca says no, she promises. She tells her they just want her to be there, that it will be good for the jury to see them as a family. Jennifer says ok. Margaret asks Jennifer if she can go outside for a moment, that she wants to speak with Ms. Washington. Jimmy says he'll take her and the two of them leave. Once they have left, Margaret asks Rebecca if this is really necessary. rebecca tells her she wouldn't ask for it if she didn't need to. She tells Margaret that they stand a very good chance of an acquittal here so why risk it. Margaret says that the risk if for Jennifer being traumatized, that she has to sit and listen to accusations that her father threw her stepmother down the stairs. Rebecca tells her firmly that she is trying to avoid a conviction.

At the hearing on the perjury charge, Judge Wolfe tells Bobby to call his first witness. Bobby calls Helen Gamble. She gets up and starts to walk forward but the judge asks for offer of proof. Helen looks surprised, Bobby even more so. He says that Ms. Gamble was in the room with Barrett and Mr. Bey, that she was the lead DA. Judge Wolfe asks what will she say that is not in her affidavit. Bobby says she will confirm all the allegations made in her affidavit. Judge Wolfe tells him she doesn't need to, he's already heard them then tells Bobby to call his next witness. Bobby asks what about the Commonwealth's right to cross examine this witness. Judge Wolfe turns to Richard. Bobby looks at him, Richard looks at Bobby. 

Richard thinks for a moment then stands and says that he thinks the court can take judicial notice that they dispute Ms. Gamble's claims. Bobby, getting frustrated, says that the court of appeals ordered a full evidentiary hearing on this issue. Judge Wolfe says he will enter the affidavit into evidence. He tells Bobby to call his next witness. Bobby says he objects to this. Judge Wolfe firmly says that if he has any other witnesses he better call them, otherwise this evidentiary hearing is over. Angrily, Bobby says that the defense objects to the court acting out of ego. 

He says the defense wants it entered into the record that the trial court judge is angered by the fact that the appeals court ruled he was in error and the defense wants it noted for the record that the trial court judge is not complying with the order of the appeals court. Judge Wolfe is clearly mad. He leans forward and says very firmly that he repeats, "call your next witness or the hearing is over." Frustrated, Bobby says his next witness, Kyle Barrett, hasn't arrived yet. Judge Wolfe says they will adjourn until he does - 1 hour. Eugene sits there shaking his head in disbelief. Bobby stands there, steam practically coming out of his ears.

Commercial.

Its closing arguments at the Wakefield trial. Rebecca is up. She's saying that they have a crime where the victim says it didn't happen, that she once claimed it did but as she explained she was confused and angry and she lashed out and that all those statements were made when she was emotionally unsteady but now she is admitting the truth, that they don't just have reasonable doubt here, but they have proof of his innocence, that she finally let go of her rage and let the truth come out. Then, taking a shot at Helen, she says "If only we could get a zealous district attorney to do the same." Helen sits at her table, arms folded defensively. 

She waits for Rebecca to sit down and then gets up, saying sarcastically that yes, that's the only reason they're here, because she is an angry over zealous district attorney who cannot get over her rage. She says, again sarcastically, that it has nothing to do with the fact that an unconscious woman was rushed to the hospital, she says let's just forget the 9-1-1 call where the victim was screaming while the defendant pursued her, she says that this isn't the week after or even the month after, that these charges were filed 6 months ago, that Margaret Wakefield has stuck to her story since last spring. Helen says that it was only after she and her husband talked 2 days ago about reconciling that she suddenly rose up and said she must have been mistaken, it was only an accident. 

She asks the jury if they really believe that. She says she is sure that Margaret Wakefield is a little frightened, that her husband supported her, that he's the father of her step... She pauses for a second, as if something has just hit her, but goes on, saying that he's the father of her step daughter, that she's suddenly faced with losing everything and she thinks that maybe they can work things out, that they talk about reconciling and poof - its an accident. Helen says he threw her down the stairs, it can't be erased even at the victim's own request. She says it happened and it will probably happen again. She tells the jury that they heard those tapes, that they heard her statement to the police and the hospital, that Robert did it. Helen says Margaret can say whatever she wants to now, that she didn't take an oath to uphold the law, but that the 12 of them did.

Back at the evidentiary hearing, Kyle Barrett is on the stand. Bobby asks him to state his name and address for the record, and he does. He clearly does not want to be there. Bobby asks him if he is the brother of Karen Wallace. He says WAS the brother, until his client killed her. Bobby asks him if prior to his testifying in Scott Wallace's trial if he had a meeting with Richard Bey and Helen Gamble. Kyle Barrett says that on the advise of counsel he refuses to answer citing his 5th amendment right. The courtroom buzzes. Bobby, in amazement, says excuse me? From the back of the courtroom steps forth a man who identifies himself to the judge as Matthew Stone, Mr. Barrett's attorney. He goes onto say that while his client maintains his complete innocence in regard to the allegation of perjury, given Helen Gamble's beliefs he has to advise him not to answer these questions. Judge Wolfe tells him that his client is not on trial here. Mr. Stone says he understands that but given that charges could be filed, he has a 5th amendment right and it would be foolish for him not to exercise it.

Back in Judge Wolfe's chamber, Judge Wolfe walks through the door, clearly very angry, with Bobby, Eugene, Richard and Mr. Stone following. Bobby is saying he has to grant Barrett immunity. Judge Wolfe says forget it, if he committed perjury during a first degree murder trial "I am not going to offer up immunity like a stick of gum!" Bobby says he has to be allowed to question him. Judge Wolfe says he can't force him to waive his 5th amendment right. Bobby says they are being denied their evidentiary hearing. Judge Wolfe sarcastically tells him to show him some precedent where he gets to take away his 5th amendment right not to incriminate himself and he will be glad to accommodate him. Judge Wolfe turns to Mr. Stone and asks him if its his client's intent to take the 5th on every question he is asked. Mr. Stone says yes. Judge Wolfe tells everyone to get out, that he's going to take 10 minutes to think about this and then they will reconvene. For a second no one moves. He looks at them all and yells "Out!". They leave.

In the hallway of the courthouse, Margaret Wakefield is pacing, smoking a cigarette. Helen approaches her. Upon seeing her, she tells Helen she's not suppose to talk to her. Helen tells her she seems to be doing a lot of things she's not suppose to. Helen puts her briefcase down on a bench. She tells Margaret that she couldn't figure it out, but it finally hit her, she's not going back to Robert because she loves him, that she's doing it to protect Jennifer because its the only way she can. Margaret says she doesn't know what she is talking about. Helen says yes she does. Margaret says no, she doesn't and sits down, right below a no smoking sign. 

Helen sits beside her and says to her that the reason she was so horrified that he would get only 3 years in prison was that when he got out Jennifer would only be 12 and she was worried he would get custody again and faced with that she decided to reconcile so she could always be there to protect her. Helen tells her that he might not get custody, that under the law... Margaret says she knows the presumption, but there is a good chance he would and then what. Helen asks her what happens the next time he pushes her down the stairs. Suddenly, Robert appears and asks Margaret if everything is ok. He shoots a suspicious glance at Helen. Helen tells him that everything is just swell. He hold out his hand to Margaret and tells her to come. She gets up and they walk off, a worried and discouraged looking Helen watching after them.

Inside the courtroom at the evidentiary hearing - or what is left of it - Judge Wolfe has returned. he says he has been ordered by the court of appeals to hold a full hearing into this perjury business, but that hearing has been thwarted by the primary witness invoking his 5th amendment right not to testify. He takes a deep breath and then says almost hurriedly that the conviction of Scott Wallace is hereby set aside and it is the order of this court that he be granted a new trial. He quickly adjourns the court. Richard is left with his mouth hanging open. Bobby and Eugene look at each other, smiling but clearly surprised at this turn of events. Bobby looks relieved.

Out in the hallway, Richard is surrounded by reporters. He is saying that they fully intend to retry Scott Wallace, that he committed murder and that the district attorney's office will pursue him until his home in prison becomes permanent. Richard is asked to comment on the ruling. He says he's shocked and outraged and that Judge Wolfe clearly acted within his discretion but the reality is that a killer could end up back on the street and he finds that horrifying.

Lindsay and Ellenor are in the conference room at D, Y, D and F watching Richard on TV. A reporter asks him what Helen Gamble's role will be in the next trial. He says he will be prosecuting, he will be in charge. Ellenor shakes her head. She says "Look at him. Every time he loses he shrinks an inch." Lindsay says amazing - they do it all over again now. Ellenor says amazing, then turns and looks at Lindsay. She says to Lindsay is it exciting? Lindsay says a new trial? Ellenor smiles at her and says being pregnant. Lindsay giggles and, smiling a big smile, says yes, its really amazing. 

She pauses for one second and asks Ellenor if she thinks Rebecca is. Ellenor thinks for a moment and says she doubts it. Lindsay is perplexed. She says the books and the test are kind of an elaborate scam, even for Lucy. Ellenor gets up, saying yeah but between the two of them she doesn't think Rebecca is really pregnant and she doesn't think Lucy is playing any trick. Lindsay says then how did that book get here. Ellenor says she ordered it. Surprised, Lindsay asks why? Ellenor looks at her for a moment and then says "Because I'm pregnant." Lindsay just stares at her in total disbelief.

Back at the prison hospital ward, Bobby is filling Scott in on the news. Scott says then he's not convicted anymore? Bobby says no, the verdict is out. Scott asks if they do it again. Bobby tells him they do it all over again, and this time they are going to win. Scott says ok, the tells Bobby that these drugs make him weak. Bobby takes his hand and tells him they'll help him rest. He tells him to just get better. Scott says ok. Bobby looks at him and again says, with firm conviction, "Next time we win. We win."

Back at the courthouse, we have a verdict in the Wakefield trial. The jury forewoman reads the verdict - not guilty. Helen looks devastated. Robert shakes Jimmy's hand and thanks Rebecca. He goes over to Margaret and hugs her. As he does she glances at Helen who looks back at her, worried. She watches Robert kiss his daughter and then watches the three of them leave, hand in hand. As the reach the door of the courtroom, Margaret turns and looks at Helen again. They both look afraid and worried. Margaret then turns and leaves, leaving Helen to contemplate what she is sure will happen again.

The End.

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