Written By: David E. Kelley

We open with Eugene following Judge Kittleson into her chambers, arguing
with her.  He is saying that the trial starts today.  She says its a
simple trial, just one prosecution witness.  He says she can't put him
on a case with just... She says she can - "perks of the robe".  She goes
on to say that he fired his last lawyer, just like the 2 before that,
and she has an obligation to see that he gets a fair trial with adequate
representation.  Eugene says if she is so concerned about fairness how
about giving him time to fully prepare.  Kittleson says she's not that
concerned, that the defendant is world class scum and she's sure he's
guilty of the crime.  Very sarcastically, Eugene says "I'm glad you have
an open mind".  Kittleson says that an open mind is like a wound, "if
its too open you get an infection".  She goes on to say that he is
stalling by firing one attorney after another and she's not going to let
him get away with it anymore.  Eugene asks why him.  She says because
he's as good as it gets when it comes to criminal law and she doesn't
want to give this bastard a shot at appeal because of inadequacy of
counsel. She says he will do it and that Helen will be the DA and "we
all know how jolly she can be".  She hands him some papers and tells him
to "go meet your lovely wife murdering client".

Opening credits.

Eugene is meeting with his client in prison.  The client is standing up
and angrily telling Eugene that he didn't do it, that the cop just
wanted to get his picture in the paper and credit for a big collar.  He
says he wasn't even there that night.  Eugene says but he lives there.
The client repeats, very emphatically, that he wasn't there that night.
The client takes a breath and then, much more calmly, says to Eugene
that they did fight, but did he shoot her - no.  He says they have one
lousy witness, that eyewitness testimony is easy to shake, it was dark,
he was moving fast - no way did he get a good look.  Eugene says then if
called to testify will he say he was moving fast?  Without skipping a
beat, the client says he's talking allegedly, by the witness's account,
that he wasn't there.  Eugene says right, as if he doesn't believe him.
The client picks up on this and says, with conviction, that when he left
in the afternoon, she was still alive and that the cop is lying.  Eugene
says all right, that he's not saying the DA will go for a plea, but if
he can get one...  The client says no, he wants him to beat it.  He says
with just one eyewitness at nighttime, he has to be able to make
reasonable doubt on that.  Eugene just stares at him.

Back at the offices of Donnell, Young, Dole and Frutt, Jimmy is meeting
with a client.  The client is saying - 6 months, on each count?  Jimmy
says no, total.  The client looks amazed.  Jimmy says this is a liberal
judge and he can go easy on sentencing but, and this is important, he's
probably going to tell him a story about Ray Charles.  The client asks,
confused, what about Ray Charles.  Jimmy says that the judge lectures
defendant and that his favorite is about Ray Charles.  He says its
corny, but he has to take it seriously.  He tells him he had a client
who snickered once and the judge doubled the sentence.  Jimmy tells him
to think sad thoughts and just get through it and to show remorse.  The
client says ok.  Jimmy goes on to say he has to take responsibility for
the crime, don't say he didn't have the drugs, and whatever he does, he
can't laugh.   The client says he's looking at prison time, there isn't
going to be any laughing.

In Bobby's office, Bobby is showing the tape of Scott Wallace's
interrogation to Lindsay and Ellenor.  When it gets to the part where
Scott  begins to break down, Bobby says that this is the part that kills
us.  He turns off the tape and says that that's the bomb, that the tape
was admitted for impeachment which prevented Scott from testifying.
Lindsay corrects him, saying he means that it kept him from allowing
Scott to testify.  Bobby says right and that he doesn't want to be in
that position again.  Ellenor asks him if the judge let it in once, what
makes him think that he won't let it in this time.  Bobby says that
Judge Wolfe isn't the judge for the new trial, that they drew Judge
Hiller.

At the trial of Eugene's client, Helen is questioning a police
officer.   He is saying that he was responding to the report of a
shooting and when he arrived at the scene he saw the defendant leaving
from the side door of the house running.  Helen asks what he did next.
The policeman says he entered the premises and discovered the victim, an
African American female approximately 30 years of age with what was
apparently a single gunshot wound to the head.  Helen asks if she was
dead.  The policeman says yes.  Helen then asks him when he next saw the
defendant.  The policeman says two days when he identified him in a
line-up as the man he saw fleeing the house.  Helen sits down. Eugene
gets up to question the policeman.  He asks if there were any
fingerprints found on the gun.  The policeman says the gun was never
retrieved.  Eugene asks if any gun shot residue was found on his
client's hands.  The policeman says no.  Eugene asks if he knows if any
trace metal test was done to see if his client had even held a gun.  The
policeman says the test came back negative but it was two days later.
Eugene says thank you and asks him if before picking his client out of a
police line-up he had ever met him before.  The policeman says once.
Eugene asks if he had responded to a report of a domestic conflict
before at his residence.  The policeman says yes.  Eugene asks him if
its possible that in the line-up he recognized him as the man he had met
before.  The policeman says no, he recognized him both as a man he had
met before and as the man he had seen fleeing the house the night of the
shooting.  Eugene says so the man was running out a side door.  The
policeman says that is correct.  Eugene asks if if was running toward
the front of the house or the back.  The policeman says the back.
Eugene says then he was running away from you.  The policeman says he
got a good look at him.  Eugene asks if he were running away from him -
at night.  The policeman repeats that he got a good look.  Eugene asks
him why he was playing out of position.  The policeman looks surprised,
as does Helen, and he says what?  Eugene says that that is the term when
you're outside your assigned area.  The policeman says nothing.  Eugene
says that the call came in of a possible shooting and he said he was on
it but he was outside his patrol area.  The policeman says he wasn't
that far outside his assigned area.  Eugene says that he wasn't the
closest unit.  The policeman says no.  Eugene asks him why he took the
call.  The policeman says he recognized the address.  Eugene asks him
why he was playing out of position.  The policeman says he doesn't
remember.  Eugene just repeats back "You don't remember", glares at him
and sits down.  Helen looks nervous.

At the hearing for Jimmy's client Jimmy is telling the judge that his
client is clean, that he's been in drug programs, that he's willing to
do community service upon release, and that in fact its something he
wants to do.  The judge asks if the DA if the Commonwealth is ok with 6
months.  The DA says they feel its a little light but they weren't
opposing it.  The judge says all right, and tells them to step back.  As
they do they sort of look at each other.  The judge tells Jimmy's client
(Mr. Babbitt) to rise, which he does.  The judge starts his "story".  He
tells him that before he sentences him he wants to talk to him not as a
judge but as a teacher, and as perhaps a friend.  He continues, saying
that he knows that young men like him rarely have the benefit of a male
influence (the bailiff is shaking his head, smiling - he knows what is
to come) in their community.  He says that for maybe this one moment, in
this very special place, he can be a father to him, and a friend.
Babbitt looks like he is saying "you've got to be kidding me.  The judge
says he wants to tell him a story, a true story.  One of the courtroom
people starts mouthing the words of the story as he speaks.  The judge
says that many years ago a little child was born in the south - poor,
hungry, black, with no direction and more than that he was blind.  He
says this boy had a gift, his gift was music (the DA is trying hard not
to snicker, as is Babbitt).  The judge says that people loved to sit and
listen to this boy play the piano, but that like him (Babbitt he had a
monkey on his back.  Babbitt is trying VERY hard not to laugh.  The
judge continues saying he was addicted to heroin, "Lord God, he loved
the needle!", but you know what, blind, black addicted to drugs he beat
his monkey - "Beat it I tell you" (Babbitt is trying so hard not to
laugh tears are coming from his eyes) and he went on to become a beloved
American, a hero, a black, blind American hero (the courtroom worker
continues to mouth the words) and that man had a name - his name was Mr.
Raymond Charles.  Babbitt is trying VERY, VERY hard not to laugh. Jimmy
looks at him warily. The judge goes on, saying now let this be the first
day of a new life "young soldier", a drug free life.  He says go forward
to make this world a better place! Babbitt can't hold the laughter back
anymore and lets out a loud snicker.  The judge looks at him horrified.
Jimmy looks at him horrified.  The courtroom worker who had been
mouthing the words looks at him horrified.  Babbitt tries to save
himself.  He tells the judge he is sorry.  The judge asks him if he
thinks this is funny.  Babbitt says no sir.  The judge says he not
impressed by his disrespect and perhaps he's not ready to go back into
the world.  Jimmy tries to intervene, but the judge tells him to never
mind and sentences Babbitt to 18 months at Cedar Junction.  Jimmy can't
believe it.  The judge tells the bailiff to take the defendant into
custody and adjourns the court.

Commercial.

In Judge Kittleson's chambers, we find Helen, Eugene and Judge K.
Eugene is asking to be able to see the policeman's personnel file
because he understands that he's under psychiatrist treatment.  Helen
says that would be totally privileged.  Eugene says ordinarily yes, but
sometimes courts have looked into the records of police officers to when
they're relevant to the case.  Judge Kittleson asks what the relevance
would be here.  Eugene says he doesn't know but she saw him up there and
that he's hiding something, and if there is anything and if there is
anything in those files that goes to his credibility he should be
allowed access.  Helen says that he hasn't made any showing and that he
hasn't proved anything is in...  Eugene cuts her off saying that the
just got this case with his morning cup of coffee - he turns to Judge
Kittleson and says somewhat sarcastically that he knows she doesn't want
to give this world class citizen any grounds for appeal.  Judge
Kittleson thinks for a moment and finally says that she'll look at the
report and if she finds anything relevant she'll allow him to look, but
otherwise forget it.


At Scott Wallace's hearing on the admissibility of the video tape, Judge
Hiller has just finished watching the tape.  Bobby says that taken out
of context it looks like an admission.  Richard Bey says that it was in
complete context and what's more silence is admissible.  Helen and
Richard's boss Kate watches from the back of the courtroom.  Richard
continues saying that failure to respond to an accusation made against
you can legally be considered an admission.   Bobby says that first of
all that begs the conclusion that this was a voluntary communication.
Judge Hiller asks if Scott Wallace got Miranda.  Bobby says he did but
he was in shock at the time.  He says he has admitted to the court 3
psychiatric reports which question the voluntariness of... Judge Hiller
cuts him off saying that defense lawyers can hire psychiatrists all the
time to say he didn't know what he was saying.  Lindsay is observing,
looking concerned as if she knows things are not going their way.  Bobby
says they have a client whose wife was found dead and he was still
trying to absorb that when the police suddenly handcuffed him and the
next thing he was in a room with a district attorney, a district
attorney who now believes he is innocent...  Richard jumps in saying
that she never said that.  Bobby says its too prejudicial to allow a
jury to see it, that it would bias them.  Richard says that what Bobby
is saying is that he doesn't trust the jury, but that is the system of
this country and if it displeases him perhaps he should move to Cuba.
Bobby shoots a look at him.  Judge Hiller says to Richard "Did you see
the sign to check your soap box at the door?"  Richard says no.  Judge
Hiller asks him if she needs to hang one.  Bobby goes on saying that the
bottom line question is does the potential prejudice of this tape out
weighs its probative value and that the answer is yes.  He says let them
try Scott Wallace on the evidence and the evidence alone, not on an
emotional breakdown which occurred in the wake of an unimaginable
tragedy.  He says that this man is in a psychiatric ward as they speak.
Richard says how convenient.  Bobby turns to him and says "You know what
Richard?"  Judge Hiller cuts it off before a fight can begin.  She says
she heard their arguments, she has their briefs, and she will take the
matter under advisement and she'll rule. She thanks them both.

In Jimmy's story telling judge's chambers, Jimmy is pleading on his
client's behalf.  He tells the judge that is was totally, totally his
fault, that he kept telling him not to laugh that he thinks he put so
much pressure on him that... The judge interrupts him and asks him why
would you have to tell him not to laugh.  Jimmy thinks for a moment,
knowing he's in a delicate position.  Finally Jimmy tells the judge that
his client gets extremely nervous and laughing is a reaction to that and
that he was so concerned he would get nervous and laugh here that he
kept hounding him and it just made it worse. Jimmy tells the judge that
he his client wasn't laughing at him.  The judge sits back in his chair
and says he sure seemed to be.  Jimmy says that his client is a nervous
kid who is facing jail, who would laugh at that, but to triple his
sentence... The judge thinks for a moment and then say all right, he'll
have him brought back in and he'll be re-sentenced.  He then adds that
he's giving both Jimmy and his client a break.  Jimmy says he realizes
that, and he's very grateful.

In Helen's office, Helen is meeting with the policeman who testified
earlier.  She has told him that the judge is looking at his medical
file.  He is very disturbed by this.  She says if the judge feels there
is nothing relevant then it stays sealed.  The policeman looks very
upset.  Helen asks him what's wrong.  He gets agitated, saying he has
been married for 17 years, he has kids.  Again Helen asks him what's the
matter.  He can't seem to tell her.  Firmly, she asks him what's in the
file.  He takes a moment and then finally tells her he's gay.  Helen
looks at him.  He then says that when Eugene said "playing out of
position" he thought for a minute that he knew and that's why he froze
up there on the stand.

Back in Judge Kittleson's chambers, Eugene and Helen are there.  Helen
is saying that it is totally irrelevant.  Judge K says that that's her
call actually, but "thanks for your input".  Eugene says he's not so
sure it is irrelevant, that if this situation caused stress that
effected job performance... Helen says it didn't.  Eugene says it
appears that it did. Helen say that his sexual orientation did not
impair his ability to identify a fleeing suspect.  Eugene says that this
whole case rests on the credibility of this officer and if was dealing
with severe stress he has to be allowed to cross examine.  Helen says
first this is so collateral.. Eugene says he disagrees. Helen says
second it will ruin the man's life.  Eugene says that the conviction
ruins another man's life.  Judge Kittleson asks if he really wants to go
down that path.  Eugene tells Judge Kittleson that if she wants to take
him off this case, fine, but as long as he's on it... Helen interrupts
and says he will be despicable.  Eugene turns to her and says he doesn't
need that.  Judge Kittleson says she will let him introduce that he was
under psychiatric treatment for stress but the cause of that stress is
off limits.  Eugene says he would like to read the report.  Judge
Kittleson denies his request and tells him he is not to share this
information, even with his client.  Eugene says he doesn't think she can
order that.  She says she just did.

In the jail psychiatric ward, Bobby and Lucy are with Scott Wallace.  He
asks Scott how he's feeling.  He says he feels better.  Bobby says he
looks better.  Scott tells Bobby he's ok.  Lucy asks if there are any
more spots.  Bobby tells Scott he wants Lucy to get him some new suits
for trial, so she'll need to get some measurements.  Scott asks if this
time he will get to testify.  Bobby says to let's see how the ruling on
the video tape goes but hopefully he will testify.  Scott says nervously
does he have any good news "all they have here is Jell-O, damn it!"
Bobby looks concerned, Lucy a little freaked out.  Bobby says that
second trials typically favor defendants and there won't be any
surprises this time, that they'll be ready for Kyle Barrett.  Scott says
good, excellent, good.

Jimmy is back in court with his client and the story telling judge.  His
client is apologizing to the judge, saying he meant no disrespect and
that he didn't mean to offend him.  The judge says that he understands
from his attorney that he couldn't control himself.  The client says
that's right.  The judge says all right, but before he re-sentences him
he would like to tell him a little story.  Jimmy looks panicked.  The
judge starts telling about a woman who lacked control sometimes (the
courtroom workers look at each other - knowing what is to come), a woman
that like Babbitt she had an addiction and her addiction was gambling
and like him she wanted the fast life with fast cars but she only got
those things when she learned to control herself and beat her addiction,
when she learned to work hard - and she did work hard (the DA is trying
not to laugh).  The judge continues saying that she had the voice of an
angel and with her golden voice and hard work she too beat her monkey
(the courtroom worker is mouthing the words again).  The judge goes on
saying that that woman had a name (Babbitt is trying VERY hard again not
to laugh) and her name was Miss Gladys Knight.  At that Jimmy breaks out
laughing, Babbitt snickers.  Horrified looks around the courtroom.
Jimmy hurriedly says he's sorry, that he was thinking of something
else.  Babbitt says him too, he promises.  The judge is mad.  He says
that the defendant is hereby sentenced to 12 months for each offense, to
be served consecutively.  Jimmy can't believe it - 2 years!, he says.
The judge tells the bailiff to take  the defendant into custody and
adjourns the court.

Commercial.

Back in Helen's office, Helen is explaining to the police officer that
he can't introduce it, that he can only say he was under stress.  The
policeman says he's testified before that these lawyers can be tricky,
what if he twists one of his answers and says that he opened the door.
Helen says that she will protect him, he has her word.  He says that
this Eugene Young has a reputation, what does he care if its called a
mistrial, he'll do anything.  Helen says within the law.  She says that
Judge Kittleson was very clear in her ruling and Eugene will abide by
it.  Helen sits beside him him and tells him that he should just answer
yes, he suffered from stress and he sought treatment, that it did not
effect him that night, keep it as simple as that but do not lie because
then he can get in the other stuff through impeachment.  She tells him
to just answer the questions, don't elaborate and she will protect him.

Back a the hearing on the admissibility of the video tape, Judge Hiller
has reached a decision.  She says she read both briefs and also watched
the video tape again.  She says that its her opinion that Judge Wolfe
aired.  Bobby looks at Lindsay.  Judge Hiller goes on to say that to
allow the tape in for impeachment purposes his legal rationale escapes
her.  She says this tape is outright admissible altogether and she's
allowing the prosecution to use it as evidence.  Bobby looks dejected,
Richard looks relieved.  Judge Hiller addresses Bobby saying that if he
thinks that the conduct or statements of Mr. Wallace were the result of
shock or trauma he's free to raise that in his defense.  She says that
is all, that the trial will begin next Tuesday at 9:00am and adjourns
the court.  Bobby sits looking really dejected.  Richard walks over to
him and tells him they'll have the witness list to him by the end of the
day, he doesn't expect it to change, that the transcripts will be sent
over too.  He thanks him.  Richard walks away.  Bobby turns to Lindsay
and says he wants to file a writ, that if that tape... Lindsay
interrupts him and tells him gently but firmly that it was the right
ruling.  Bobby says that he should at least try.  Lindsay says no he
shouldn't, that they have 6 days to get ready for trial, that he can't
waste time on writs.  She tells him they should focus on what they can
win now.  He nods his head.  She tells him to start preparing the
psychiatric witnesses and she'll go over the transcripts with Ellenor.
Bobby just stands there, looking defeated.

Out in the hallway, Richard is surrounded by the media.  He is saying
that he is obviously pleased by the ruling, that the Commonwealth has
always felt that the statement was a defacto admission and it was
evidence and that he's satisfied that now a jury will get to consider
that evidence and then tells them that that is all, and leaves.  As the
hoards of reporters follow him, we see that Kate, the boss DA, has been
listening.

At Eugene's trial, Eugene again is questioning the policeman (Officer
Brewer).  He asks him if he ever made an arrest that the DA's refused to
prosecute.  He says of course. Eugene asks him how many times.  He says
he's not sure.  Eugene asks if its more than 5.  He says yes.  Eugene
asks if its more than 10.  He says that sometimes there is insufficient
evidence.  Eugene asks if its more than 20.  Helen objects, saying
what's the point.  Eugene says the point is that sometimes this man says
that a crime has been committed only to have the DA say otherwise.
Helen says that the DA's decision to dismiss often turns on the prospect
of getting a conviction that its not about overruling the arresting
police officer.  Eugene says that sometimes it does involve the honesty
of the officer and that's what he's trying to explore.  Judge Kittleson
says she will allow it.  Eugene goes back to questioning Officer
Brewer.  He asks him how is he on the issue of honesty.  Officer Brewer
says what is that suppose to mean.  Eugene asks him if he is an honest
person.  Helen objects, saying that it sounds like badgering.  Eugene
says that every witness by testifying puts his credibility at issue and
he's allowed to explore this man's reputation for truthfulness.  Judge K
overrules the objection.  Again Eugene asks the officer if he considers
himself to be a truthful person. He says yes.  Eugene asks if he leads a
truthful life.  Helen objects, Judge K sustains the objection.  Eugene
asks if he is receiving psychiatric treatment.  He says yes.  Eugene
asks if one of the issues for which he is being treated concern his
ability to be truthful.  Again Helen objects.  Judge Kittleson overrules
it.  Helen says its beyond the scope... Judge K says she will allow it.
Eugene asks Officer Brewer if he has trouble being truthful.  There is
silence.  Eugene repeats the question.  Hesitantly he says yes.  Eugene
goes on saying that in fact he lies every day, doesn't he.  Again he
answers yes.  Eugene says that one of the reasons he sought psychiatric
treatment was that he thought his lying was causing him such stress that
it might be effecting his job.  There is silence.  Eugene asks if he
heard the question.  Angrily, Officer Brewer says he heard the question,
and then more calmly says that the answer is yes.  Eugene says he has no
more questions.

Jimmy is again back in the story telling judge's chambers pleading on
behalf of his client.  The judge is telling Jimmy that he is not
interested.  Jimmy says that one second his client was to get 6 months
and now he'll do 2 years?  He says he knows that isn't right.  The judge
says that maybe next time that will mitigate his amusement. Jimmy says
he apologizes.  The judge says apology accepted, but the sentence
stands.  Jimmy tells him that it is one thing to exercise his
discretion, its another to flaunt his ego.  The judge warns Jimmy that
he is 2 seconds from contempt and that before he goes skulking out of
here thinking he is the bad judge that he should keep in mind that he
was about to help his client, not only with a lesser sentence but also
with some advise that could help his life.  He continues saying that
defense attorneys get them off and what do they do, they go right back
out and commit another crime.  He says that he tries to reach them, and
he does, that he tried to reach his client to offer his life some
direction like he has with so many before him, and he laughed as did his
attorney.  He says that maybe its Jimmy's ego that needs adjustment.
Jimmy doesn't say anything for a moment or two.  Finally he says to the
judge that he laughed because he has heard the Ray Charles story a
zillion times, as have all the lawyers that appear before him, and they
all tell their clients that its funny and they all tell them not to
laugh and that they're all afraid they might laugh because its so
ridiculous. Jimmy sits down opposite the judge.  He tells him that its a
joke - poor, black, blind, this man had a name son - its paternalistic,
insulting and that all the lawyers laugh at him, and that he just made
the mistake of doing it in the room, and if that buys him a jail cell
for contempt, so be it, but that's what is going on.  He says that the
judge is naive to think he reaches defendants and if he punishes them
out of anger then he's also a bad judge.  Clearly angry, but very calm,
the judge tells  Jimmy that he will asks him once again to leave his
chambers.  Jimmy stands and says that he's filing a motion for
reconsideration anyway even though he can't stop him from doing what
he's going to do.  He turns and leaves.


In Helen's office, Officer Brewer is angry.  He's yelling at Helen,
saying that she said she would protect him. She says that everything he
did was arguably within the proper scope and she tried to shut him
down.  He yells again that she said she would protect him.  She yells
back that she couldn't.  She then more calmly says that Eugene is a very
smart lawyer, that he doesn't want the jury to know that he's gay or
what the lie is about, that he knows the jury would just dismiss it as
irrelevant.  She then says hesitantly that she would like to introduce
what he is untruthful about. Officer Brewer says excuse me?  Helen says
that if they don't fill in some of the blanks for the jury his
credibility is shot with them, if they tell them what Eugene is talking
about then they'll know he's not dishonest.  Officer Brewer says that
then his family will know he's gay, his partners will know, his life his
career... Helen says he's basically the only witness they have, if she
doesn't reestablish his credibility she can't convict here. He just
looks at her.  Helen pleads with him, saying that the guy shot and
killed a woman.  He shakes his head and says no, that he can't do what
she is asking him to do.  Helen says she doesn't need his consent
really, that she'll figure out a way to get it one redirect if she has
to.  He looks at her and asks her if she is going to out him.  She says
she doesn't know if she has a choice.  He says yes she does have a
choice and so does he.  He says if she does he'll recant, he'll say it
wasn't the defendant he saw that night.  Helen say no he won't, that
he's an honest man.  He says no, he thinks that Mr. Young established
quite clearly that he's not.  She tells him that if he commits perjury
his life and career truly might be over.  He says he'll make his life
decisions.  Helen says and she'll make hers.  He turns and leaves her
office.

Commercial.

Jimmy is back before the story telling judge.  He is saying that he
would submit to the court that given all the circumstances and
especially since the Commonwealth and the defense have submitted a joint
recommendation... The judge (whose name plate reads Judge F. Mantz)
interrupts saying that that is all it is, a recommendation, either for
the judge to accept or reject, and he has chosen to reject it and he
finds himself very annoyed that he is back before this bench with
nothing new, and if he has nothing new to tell him then this hearing is
over.  Jimmy says that what is new is that in addition to appearing as
counsel for the defendant he is here as an officer of the court, that he
is standing up for the integrity of this room.  He says that Judge Mantz
was prepared to issue one sentence and then gave another because he got
angry.  He says he's entitled to belittle himself as a man and as a
judge, but when he belittles this room by abusing his discretion he's
entitled to have something to say about it.  Judge Mantz asks if that's
all.  Jimmy says no, its not.  He walks a few steps toward the bench and
says he wants to speak to him not simply as a lawyer but as a friend
(the courtroom workers exchange glances). Jimmy says there was once this
judge who wasn't very judge-like at all, that she had terrible manners,
that she rambled on the bench, that she had a big mouth, and she was
obnoxious, and she had an ego - "Lord she had an ego just like you, your
honor."  He continues saying she also had a gift, she had a voice of a
crow, and she beat her monkey (they're smiling throughout the courtroom
- discreetly) and she relished being obnoxious and she was proud of
mistreating people and she used her ego and her crow-like voice to make
millions of dollars and she had a name - her name was Judge Judy! The
entire courtroom snickers out loud, the employees still trying to be
discreet.  Judge Mantz looks out in disbelief and anger as he sees
everyone laughing.  Finally he tells Jimmy he is in contempt of court
and tells the bailiff to take him into custody.

Back at Eugene's trial, Helen is questioning Officer Brewer.  She asks
him how many times he has testified in criminal proceedings.  He says
probably over 40.  She asks if he has ever been accused of perjury.  He
says no. She asks if he has ever had a case thrown out because of
unreliable testimony on his part.  He says not one.  She then say she
also testified that he sees a psychiatrist.  He says yes.  She asks if
his supervisors know.  He says his watch commander does.  She asks if he
has changed his assignments because of it, but him on desk.  He says
no.  She says he admitted to Mr. Young that he lied almost every day.
He says about a personal matter, yes.  She asks if it effected his work
on this particular case.  He says no.  She asks him if he lied about
what happened on the night that Tasha Cooper was killed.  He says no he
didn't.  She asks if he has ever lied in his capacity as a police
officer.  He says no he has not.  She asks when it comes to making
arrests, giving testimony about those arrests, does he consider himself
to be a truthful person.  He says yes he does.  She pauses a moment.
She glances at Judge Kittleson.  She glances at Officer Brewer.  Finally
she asks him who was the man he saw fleeing the house that night.  He
says that man there, the defendant.  Again Helen pauses.  She looks at
Officer Brewer, who looks back at her.  Finally she thanks him and says
she has nothing further.

Back at the jail, Bobby has just told Scott about the ruling on the
video tape.  He says that its a set back, he won't kid him.  Scott asks
if this judge is going to be against them.  Bobby says no, that she's
extremely fair, she won't do them any favors but this case won't be
decided by her.  He then says that this time he will have to testify.
Scott smiles and says that he's ready.  Bobby says he can handle all the
witness, that they're in good shape there, but that video tape and his
response to it on the stand - that's what will decide this case.  Scott
says he has better focus now, before he was still in grief, he couldn't
believe she was gone, but now when he thinks of what she did, killing
herself right after having a fight, that that was an angry act, that
that wasn't depression, she was doing it to him, that that was hateful
and right now he hates her.  Bobby looks alarmed.  Scott says he hates
her and he's not going to lie in some wallow any longer.  He says
everything is easier now being angry at her, he says he has his focus
back and he hates her.

Its closing arguments at Eugene's trial.  He's up first.  He says they
have one witness, who sees a man at night from the side running away
from him.  He says could he describe him - black, medium build - no
clothes, no distinguishing characteristics just black, medium build.  He
says a black man running away in the dark for 3 or 4 seconds, yet the
officer got a good look.  He says they all know what happened here -
that man saw somebody running, he then sees the wife dead, figures it
must have been the husband he saw going out the door, he then picks the
husband out of a line up but that was easy because he had met the
husband before.  He says there was no weapon, no gun shot residue on his
client's hands, nothing to suggest he had even held a gun, much less
fire one, that that police officer made a guess and he's sticking by his
hunch, that's what this is and we all know it.  He says one 3 second
i.d. in the dark by a self confessed liar isn't proof.  He says their
whole case comes down to the say so of a man receiving psychiatric
treatment for stress caused by his inability to tell the truth.  He says
does he really need to stand there and tell them there's reasonable
doubt.

Its Helen's turn.  She says there were no other prints, no DNA, no
physical of testimonial evidence to even suggest that anyone else was
even in that house that night.  She says there were no other cars in the
area, that the intruder fled on foot, that it was the defendant fleeing
the house, that Officer Brewer saw him, he was unequivocal in that, that
the defendant Brian Grant was the man he saw fleeing the house.  She
says that the defense has offered neither evidence nor testimony to
shake that i.d..  She says Mr. Young could seize upon was psychiatric
treatment Officer Brewer was receiving for a personal matter.  She says
yes he does lie about something in his personal life - big deal, we get
that - but he doesn't lie as a police officer, it doesn't make him an
unreliable witness, that in fact in 21 years Officer Brewer has had an
exemplary record of honesty on the force, he's never given untruthful
testimony, he's never been a false witness, that his honor has been
beyond reproach, just as his testimony has been here when he tells you
that the defendant is the man he saw leave that house.  She says they
haven't heard one word suggesting that anyone else committed this
murder.  She says he was home alone with his wife, he shot her, he's
seen running out, that's why they're here.

In a jail cell sits Jimmy.  Judge Mantz comes to visit.  He tells Jimmy
that the only reason he doesn't keep him overnight for what he considers
to be criminal disrespect...  He pauses, looking upset.  He sits down
next to Jimmy and asks how long have they been laughing at him.  Jimmy
says a long time, how long has he been telling that Ray Charles story.
Judge Mantz tries to explain that at least he tries to do something,
that he cares, that most judges...  He pauses and then finally says to
Jimmy to tell his client he'll give him 6 months and then tells him to
beat it.  Jimmy doesn't move so Judge Mantz says does he want a story
first.  Jimmy says no.  Judge Mantz tells him to go, which he does,
leaving the judge sitting alone in the cell.

At Brian Grant's trial the verdict is in.  As Judge Kittleson reads it
to herself, Brian leans over to Eugene and says it came in kind of fast,
does that mean anything?  Eugene, without looking at him, says it
usually means it was a quick decision.  Judge Kittleson asks the
defendant to stand and for the fireman to read the verdict.  he does -
on the charge of murder in the 1st degree - not guilty.  On the charge
of murder in the 2nd degree - not guilty.  Brian Grant breathes a sigh
of relief.  Officer Brewer looks despondent, Helen equally so.  Judge K
dismisses the jury with thanks, tells the defendant that he is free to
go and adjourns the court.  Brian turns to Eugene and says wow and
thanks him.  He says yeah.  Brian says innocent until proven guilty -
the motto lives.  Eugene tells him he'll see him next time.  Brian
smiles and says good one, then leaves, passing Helen and Officer Brewer
on the way.  Officer Brewer goes over to Helen who tells him she's sorry
they didn't get him, that they did their best.  He says to her thank
you.  She wishes him well, he does the same to her and  leaves.  Over at
the defense table, Eugene is standing there looking none too happy,
obviously believing he got another murderer off.  Helen looks at him,
seemingly knowing the toll its taking on him.

Back in Bobby's office, Scott's brother-in-law and his lawyer have come
at Bobby's request.  Lindsay closes the door behind them and goes to
stand next to Bobby.  He thanks them for coming and his lawyer says its
against his better judgment.  Bobby says he totally understands but
lawyer to lawyer he is aware that Helen Gamble believes his client
committed perjury in the first trial.  The lawyer says that Ms. Gamble
was mistaken.  Bobby says he doesn't believe that she was.  The lawyer
says he's confused as to the agenda here.  Bobby says that the agenda is
this - if his client takes the stand again and lies, he'll be taking his
house.  Lindsay says softly "Bobby".  Bobby continues saying to tell him
the exposure he faces - abuse of process, false imprisonment.  Mr. Stone
says he doesn't know what he thinks he's doing.  Bobby says if he lies
again he will be filing a complaint against him (Mr. Stone) for
suborning perjury.  Mr. Stone says that he's reporting this to the
district attorney's office.  Bobby says for him to do that, but in the
meantime he should get around to giving his client some legal advise.
Mr. Stone tells Kyle to some on, but as he starts to leave, Bobby grabs
his arm and says threateningly to tell him what he'll do to him - tell
him.  Mr. Stone tells Bobby that he's just crossed the line.  Bobby says
they're just two lawyers talking, just you and me.  Kyle pulls his arm
away and the two of them leave.  Lindsay says to Bobby, gently but
firmly, what the hell do you call that.  Bobby says he calls it
intimidating the lead witness for the prosecution, that he has to keep
that lying bastard out of the witness chair.

As Mr. Stone and his client are leaving the offices of Donnell, Young,
Dole and Frutt, Helen is walking in. Mr. stone says to her that there is
a lawyer in there who just threatened his client.  Helen looks at him
and says really?  Then she tells him sarcastically to call the police,
and walks away.  She goes into Eugene's office.  She finds him sitting
at his desk.  She walks over to his desk and tells him she came to
congratulate him.  He says and he gets a personal visit for that.  She
says that and that the police just got into a shoot out with a man who
fired back with the gun that was used to kill Tasha Cooper, he matched
the description of that man Officer Brewer saw running, and he also
confessed to the crime.  She says she knows he didn't care if his client
was guilty but she thought he might be interested to know that he was
innocent.  She turns and leaves, leaving Eugene pondering his
assumptions of guilt.

The end.

The Review

Not done yet

Miscellaneous Thoughts:

Not done yet