Written By: David E. Kelley

Note: The premise of this episode is that a documentary film crew has complete access to all the parties involved in the retrial of Scott Wallace. The entire episode is filmed as such, with interviews etc. We never see the interviewer. Bobby once again is the first chair in his defense, with Lindsay his second chair this time. Richard Bay is the D.A. this time and Judge Zoey Hiller is the presiding judge.

We open with Bobby being interviewed in his office. A tag line at the bottom of the screen says "Bobby Donnell - Founding Partner - Donnell, Young, Dole & Frutt". He is being asked if he feels pressure because Scott is his friend, or because he failed him. He answers both. He says he wants to get him out because he cares about him and yes, because he tried a lousy case.

Cut to Richard being interviewed, the tag line at the bottom of the screen saying "Richard Bay - Assistant District Attorney" - having been asked if he feels pressure. He says of course he feels pressure - how could he not? He says this guy is a murderer and the only thing standing between him and the street is him. The interviewer says that its a little unusual for the lead prosecutor to flip and think the defendant isn't guilty. Richard tries to explain by saying that Helen Gamble started feeling guilty over tactics and started being clouded by her conscience - that's all. The interviewer says she claimed Richard coached a witness to lie. Richard stares icily at the interviewer and says simply "She's wrong."

Cut to Bobby's interview. Bobby is saying that Richard Bey will do anything. He says that DA's like him make it easy for defense attorneys like him to stay passionate about what they do because basically to him Richard represents a police state.

Cut to an interview with Judge Hiller, the tag line at the bottom of the screen says "Judge Zoey Hiller - Superior Court Judge, Suffolk County, MA". She is saying that no, she doesn't expect it to be at all civil. She says that Bobby Donnell fights for clients like its his life on the line and Richard Bey prosecutes like the victim was his mother. The interviewer asks isn't that good - zealous advocates - isn't that what it it should be about? Judge Hiller answers one would think but when fights get this ugly its rarely in the interest of truth, its messy, it gets personal.

Cut to Richard, looking like a mean little Nazi, being asked if he thinks he'll win. He says in no uncertain terms that he knows he will. He is asked how he can be so sure. He says because this time he has the video, which means that Scott Wallace will have to take the stand to explain it and when he does he'll get him. Richard leans forward in his chair and says "He'll lose it up there. You watch."

Opening credits.

Additional credits appear across a black screen. You hear traffic sounds, a siren. Then you hear Richard speaking. He is saying that witnesses are never objective. He says that of course he wants him to appear neutral, but he need to be every bit the advocate he is. He says to never forget that his goal is to help the prosecution secure a conviction, to put a murderer in prison. He says that means he will have to stand up to Bobby Donnell. He says they can't be steered and there is no doubt he will try and do that. We finally see Richard. He has been talking to a several men, apparently witnesses for the prosecution. He continues saying that Bobby's whole defense is reasonable doubt and that every question he asks is to build reasonable doubt. He says that at the first trial he got them all to admit that things were possible, and they all did so - too submissively. He says that is why he brought in Cindy Keller - a woman sitting at the end of the table - and says that she's their behavioral psychologist. Cindy says that when the defense lawyer forces them to say the words that he wants them to say that they can never-the-less use body language to convey their opinion.

Cut to Richard being interviewed again. He says that its all a presentation and that you have to train your witnesses to be showmen a little. He says the key is they can't come off too much like advocates, if they do they have less credibility. He says they used to have an advantage, that people used to trust the police, and that that advantage is gone now.

Cut to Bobby's interview. He says that's because they cheat and Richard Bay will cheat - he absolutely will. There is clearly animosity in his tone as he speaks of Richard. The interviewer says that that seems to be a refrain with him. Bobby says one that he has to be mindful of the entire trial. The interviewer asks Bobby what will be different about this trial. Bobby says that he will win. The interviewer says that he means tactics, evidence, witnesses - what will be different there? Bobby doesn't say anything for a moment, just sits playing with his tie. Finally he says softly "That tape. That damn video tape. He'll play it every chance he gets."

Cut to the courtroom. The tag line at the bottom of the screen says "Day 1 of Trial". The video tape of the interrogation of Scott Wallace is playing. Someone is on the witness stand, Richard is standing in front of him. Bobby, Lindsay and Scott are sitting at the defense table. The tape plays to where Scott breaks down. Richard asks the man on the stand if that tape fairly and accurately depicts what went on in that room. The man says yes it does. The tag line on the bottom of the screen identifies him as "Detective R. Larson - Boston Police Department". Richard then asks him what did happen in that room. The detective says that from his experience, Scott Wallace admitted to killing his wife. 

Bobby objects, Judge Hiller overrules the objection. Bobby now questions him. He asks the detective if Scott ever said he killed his wife. The detective says no, but... Bobby cuts him off saying that in fact he maintained his innocence and still does, doesn't he. The detective starts to say but when confronted... Bobby again cuts him off and says that when he says admitted he means the behavior they just witnessed on this tape. The detective says correct. Bobby says that with words he has always maintained his innocence, hasn't he. The detective says with words, yes. Bobby asks him if he is a psychologist. The detective says no he is not. Bobby says that if a psychologist was of the opinion that Mr. Wallace's behavior on that tape.... 

Richard objects saying that Bobby is trying to introduce psychiatric evidence. Bobby says he is proposing a hypothetical. Judge Hiller says she will allow it. Bobby continues, saying that if a psychologist were of the opinion that Mr. Wallace's breakdown on that tape was more the product of despondency... Again Richard objects, standing and says that if Bobby wants to introduce psychiatric testimony.... Judge Hiller cuts him off, telling him that his objection is overruled. Richard sits. Bobby continues saying that if a psychologist looked at that tape and concluded that it didn't constitute an admittance of guilt, does he (the detective) have any medical training that would allow him to overrule him. The detective answers no, but... Bobby cuts him off, thanks him, says that's all and returns to his seat. 

Richard stands and asks the detective how many suspects he has interrogated in the course of his career. The detective says hundreds. Richard asks if he thinks he would recognizing a silent admission if he saw one. The detective says absolutely. Richard asks that based on his experience as a police officer who has conducted hundreds of interrogations, what did Scott Wallace's silence convey to him. The detective answer an admission that he committed murder. Richard thanks him and sits. Bobby stands and asks if the detective has any formal training in behavioral psychology. Reluctantly, the detective says no he doesn't.

Back at the office, Rebecca is being being interviewed. The tag line at the bottom of the screen says "Rebecca Washington - Associate - Donnell, Young, Dole & Frutt". She is saying that when they first started, it was just Bobby and her, and he was so wide-eyed, every case, and if it were a murder case there was this light coming out from his eyes, and it didn't bother him a bit if the guy was probably guilty. She says he would say that we defend the guilty because ultimately it protects the innocent. She says he would say that was the high - when you got a guy who was actually innocent. She says that now, he hates it when they are actually innocent - like this one - its too much pressure. She says that's why no one lasts on this job - you can only bear it defending the guilty and how long can anyone last doing that?

Back at the trial, another man is on the stand for the prosecution. The tag line at the bottom of the screen identifies him as "Michael Berenson - Prosecution Witness". he is saying that he (Scott Wallace) was screaming at her (his wife) and calling her a liar and she was pleading with him to stop screaming. Richard asks him if he's sure this was about 9:30pm. The witness says yes, that's when he walks his dog. Lindsay gets up to question him. The tag line at the bottom of the screen identifies her as "Lindsay Dole - Partner - Donnell, Young, Dole & Frutt". She asks him if he recognized her client's voice screaming because he heard him scream before. He says many times. She says then there wasn't anything hugely unusual about them arguing that night. Mr. Berenson says no, they fought a lot. Lindsay then says that in fact he didn't call the police or try to intervene, did he. Mr. Berenson says no.

Richard is being interviewed again. He is saying that he wasn't crazy about calling that witness in the first trial and he wasn't thrilled about it here but he has to establish a time line. He says that as a rule when you come across "anemic little wimps" like Mr. Berenson who haven't got the guts to get involved at the time, you can be sure they will be pretty impotent as witnesses too, but he needed to get in the time line.

Bobby is now being interviewed. He is asked how he can be so sure Scott Wallace is innocent. Bobby says because he is. He says he knows him, plus he passed the polygraph, that's what really gets him. He says they may not be admissible but polygraphs are pretty damn reliable. He says that the prosecution and the police believe in them more than he does. He says that here they got a guy that passes over and over and over and they still prosecute. He is asked why. Bobby says because the media declared this a murder and there was an ensuing public outcry to get a conviction. The interviewer says that there seems to be such a huge distrust here. Bobby says he has no idea. He says that when he first started the DA's and the defense attorneys would all go out at the end of the day, that there were watering holes where they would congregate and swap stories. He says they would fight hard in court but after - there was a brotherhood. He says that today we go our separate ways - they don't trust us, we don't trust them. He is asked what happened. Bobby says it became too much about winning and losing.

Back at the trial another prosecution witness is on the stand. The tag line identifies him as "Dr. Michael Wang - Forensic Pathologist". He is saying that they analyzed a skin fragment they found under the defendant's fingernails and that it was a genetic match to Mrs. Wallace. Richard asks if they did any other DNA testing. Dr. Wang says yes, they found shed skin cells all over the victim's head and neck and they belonged to the defendant Scott Wallace. Bobby questions next and asks if Scott Wallace were trying to save his wife, resuscitate her, its possible his skin cells could have gotten on her that way, isn't that right? Dr. Wang shakes his head and says that in his experience it would be unlikely. 

Bobby says that he asked if it would be possible. Dr. Wang shrugs and says that he supposes its possible. Richard again is questioning and he says and its possible that Mrs. Wallace decided she wanted to compete in the Olympics and while practicing a back flip she accidentally hit her head on a blunt instrument being held by the defendant. Bobby objects. Richard says that as long as they're going for far-fetched possibilities... Bobby yells to move to strike. Judge Hiller tells Richard that is quite enough. Richard then asks Dr. Wang that, based on his years of experience as a forensic pathologist, did he form an opinion as to the likelihood of what happened. Dr. Wang says yes he did. Richard asks him to state that for the court. Dr. Wang says that she was killed by the defendant.

Richard is now questioning another prosecution witness who is identified by the tag line as "Dr. Jeremy Weinberg - Forensic Expert". Richard says that the defense has suggested that Mr. Wallace discovered his wife in the car, she wasn't breathing and when he pulled her out her head hit the concrete floor, causing the fracture. Dr. Weinberg says that he thinks this is a bit of a fairy tale. He says that the fracture shows that she was hit very hard. he says is it possible that she could have gotten this fracture after she was dead by her head hitting the floor - well anything is possible, but his medical opinion is that somebody hit her. Bobby questions him next, saying that in the first trial he testified that this fracture was severe enough to be fatal. Dr. Weinberg says he did. Bobby asks if it was the cause of death. He says no, that the cause of death was monoxide poisoning. Bobby says then it was possible that the head fracture came after she died of the car exhaust. Dr. Weinberg says that's not what he thinks happened. He says he can't declare it to be impossible. Bobby says that he (Dr. Weinberg) is employed by the Commonwealth and does he ever get afraid of losing his job if he doesn't help secure a conviction.... Richard objects. Judge Hiller sustains the objection. Bobby says it goes to bias. Judge Hiller repeats that it is sustained and tells him to move on.

Richard is being interviewed again. He seems especially cocky. He is saying that that is what Bobby does when he's losing. He says its an excellent sign for the prosecution when Bobby Donnell starts to resort to crap like that. he says it means he thinks he's losing. He says that in the first trial he was getting his possibles and then just resting. He says he was more desperate just then. He says Bobby's going down again this time with nothing to appeal.

Commercial.

Scott Wallace is now being interviewed. He is saying that he keeps thinking that this will all get corrected, that this is the land of truth and justice and it will all get cleared up. But here he is. The interviewer says that the thinking is for him to get acquitted, that it will come down to his testimony. He says he knows this. The interviewer asks him if he's scared. Scott says its way beyond that now.... Bobby cuts in saying that that's enough. The interviewer says the arrangement is complete access. Bobby say that's it, that he'll have to leave. Just then Lindsay comes in saying that Kyle Barrett (Scott Wallace's brother-in-law) isn't testifying. Bobby asks why. Lindsay says she doesn't know, that they just notified the court they're resting and that they're up. Bobby tells Lindsay to call Dr. Murphy.... She says she did and that he's on his way. Scott asks why her brother isn't testifying.

Cut to Richard being interviewed. He is saying he doesn't need him, plus he would get peeled like an onion up there. He says that he's a liability. The interviewer says that he thought Richard said he was telling the truth. Richard says that he never said that, that he only said he didn't know if he were lying. The interviewer says that sounds a little questionable. Looking offended Richard says "Hey question away". He says he only puts the witnesses up who will help him win and Kyle Barrett doesn't qualify. The interviewer says that this is the witness who got him the conviction in the first trial. Richard says in the first trial he didn't have the video.

Back in the courtroom the tag line tells us its Day 2 of the Trial. A man is on the stand. The tag line tells us its "Dr. Dennis Murphy - Psychologist treating Scott Wallace". He is saying that Scott Wallace was suffering from clinical depression. Bobby asks him if he were able to determine the cause. He says twin positional traumas - the first being his wife's death the second being him being accused of that death. Bobby asks if he recommended that Scott Wallace be hospitalized. Dr. Murphy says he did. Bobby asks him to tell why. Dr. Murphy says he found Scott to be very close to a complete mental breakdown. Bobby says that Dr. Murphy has seen the video tape before and he wants to play him a small portion of it again. 

He plays the part at the end where Scott breaks down. Bobby says to Dr. Murphy that he has heard the prosecution categorize that moment as an admission of guilt. Dr. Murphy says that he thinks that interpretation is as dangerous as it is absurd. He says Scott only discovered within the last 2 hours that his wife was dead, then he was taken down to the police station and hit with the accusation that he murdered her. He says to a guilty man that wouldn't be so much of a shock, but to an innocent one that could cause the very trauma he's talking about. Bobby says that when he dropped his head... Dr. Murphy says that was in shock and was very likely the beginning of his mental breakdown. 

Richard takes over. He asks if he can state that for a medical certainty. Dr. Murphy says no. Richard says he wasn't in the room at the time, was he. Dr. Murphy says no he wasn't, but if that makes him incapable of drawing a conclusion on the basis of the video tape, why is he asking the jury to do so. Richard says that Dr. Murphy spoke of twin positional traumas, one of those being the loss of his wife. Dr. Murphy says yes. Richard says for this to be so he would have had to love his wife very deeply. Dr. Murphy says he did from his observations. Richard says if this wife he loved deeply told him she was leaving him, couldn't that be traumatic? Dr. Murphy says certainly. Richard asks if its possible that his mental breakdown started when she told him she was leaving him. Dr. Murphy says he supposes that was possible but he doesn't think likely. Richard says that according to his diagnosis he thought Scott Wallace was in danger of becoming psychotic. Dr. Murphy says, without hesitation, "He never became psychotic, Mr. Bay." Richard looks a bit flustered.

Back to Richard being interviewed. He is saying that sometimes when you have a tough witness you take what you can get and sit the hell down. He says he thought he handled him well. The interviewer says and now he has the victim's psychiatrist. Richard says he's not afraid of him. The interviewer asks how can he not be, he's going to testify that she was depressed. Richard says he'll say depressed and then on cross he'll get him to say she wasn't suicidal, then on redirect Bobby will claim he had motive to say she wasn't suicidal so he doesn't have her blood on his hands. He says its vintage Bobby Donnell - he gets a witness to help him and then he hangs him out - you watch. The interviewer says to Richard that he seems more agitated now. Defensively, Richard says he's not agitated, that this is adrenaline, that this is a fight, this..... He says he's not agitated. The interviewer says that his little informal poll in the gallery says he's losing. Richard says he's not losing. The interviewer asks why would people think he is. Richard says because galleries its about popularity, that Booby Donnell is good-looking (ed. note - and how!!), with juries its about weighing evidence, and they'll do that. he says again he's not losing.

Back in the courtroom Bobby is questioning another witness. He asks what was he treating Karen Wallace for. The tag line identifies the witness as "Dr. Bernard White - Psychologist treating Karen Wallace". He says he was treating her for anxiety and depression. Bobby asks him what she was depressed over. Dr. White says mainly her marriage, that she felt it was rather loveless, also her life. Richard is up, asking him if he felt she was suicidal. Dr, White says no he did not. Richard says that now that she has turned up dead does he now think think that perhaps she was suicidal. He says no he does not. 

He says that many people experience depression and hopelessness, that doesn't mean they take their own lives. He says that the very reason Mrs. Wallace had come to him was to improve things, that she was looking forward. He says he doesn't believe at all that she had the mental state to take her own life. Bobby redirects, asking Dr. White how did it make him feel that a patient he was treating for depression killed herself. Dr. White says that obviously it was distressing to hear it. Bobby says that certainly a person experiencing hopelessness, suffering from depression, found dead of monoxide poisoning with a hose connected to the exhaust pipe of the car you had to wonder if maybe she did kill herself. Bobby asks if he didn't at least wonder. 

Dr. White says he wondered, but he still doesn't believe she took her life. Bobby says if it were foreseeable that she might take her life and he did nothing he might be held liable. Dr. White asks him what he's saying. Bobby says he's saying he has motive to say she wasn't suicidal. Richard objects, saying its leading. Bobby continues, saying that after she was found dead he didn't even notify the police he was treating her. Dr. White says no. Bobby asks what was he trying to hide. Richard objects. Bobby asks for permission to treat the witness as hostile. Richard objects again. Judge Hiller overrules the object. 

Bobby continues, asking why didn't he come forward to anybody and say he was treating her. Dr. White says there's a privilege. Bobby says that doesn't survive the patient's death. He says that he was trying to hide the fact that he was treating her because he knew she was potentially suicidal. Richard starts to object, screaming that he's leading the witness. Bobby is shouting saying that he was trying to hide that information, just like he is now because he was afraid of being hit with a judgment. Judge Hiller yells all right and tells Bobby to "dial it back". Richard was right - vintage Bobby Donnell.

Back to Bobby being interviewed. He is asked if he told that witness that he would be going after him like that. Bobby says no. The interviewer asks him why and Bobby says because he needed him and he never would have cooperated knowing what he was in for. The interviewer asks him why he didn't just call him as a hostile witness from the beginning. Bobby says because he knew he could get more out of him this way. The interviewer says first as an ally and then blind-siding him. Bobby says he doesn't think he blind-sided him, but yes. The interviewer says doesn't he think that just perpetuates the very distrust he spoke of before between DAs and defense attorneys? Bobby says his goal here isn't to repair trust - its to get an acquittal. The interviewer ask him if he's comfortable with himself. Bobby says yes.

Ellenor is being interviewed. The tag line says "Ellenor Frutt - Partner - Donnell, Young Dole & Frutt". She is saying that the truth is he isn't comfortable. She says that when he and Lindsay have this baby, its going to be the beginning of the end of his criminal defense days. The interviewer asks why. Ellenor says because with Bobby this job is who he is and when he starts to see himself through his son's eyes, or his daughter's eyes, forget it, its over.

Bobby is meeting with Scott Wallace in prison. he is telling him that its going as well as could be expected. He says that the video tape is still the biggest piece of evidence and he'll have to account for it. Scott says he understands. Bobby tells him to just tell the truth, that the truth is on their side here. Scott asks if he wants to go over his testimony again. Bobby says he would prefer not to, he doesn't want it to come off as rehearsed. Bobby then tells scott that Richard is going to come after him all rabid, that that is his style. He says he can protect him but he prefers not to. Scott says he can handle him. Bobby says lastly that his anger toward his wife for what she did to him, he wants him to play that down, that they don't want them seeing anger. Scott says ok. Bobby asks him if he's all right. Scott says he's nervous and other than that.... He smiles weakly.

Riding in a cab, Bobby is staring out the window. The interviewer says he looks scared. Bobby says that this has been a long haul. The interviewer asks if he has seen any appealable issues so far. Bobby says no. He says that that is the thing about Judge Hiller - her trials don't get overturned. The interviewer says then basically if he doesn't win here, Scott Wallace is never coming out. Bobby puts his hand up to his forehead and stares out the window again, not saying anything.

Commercial.

Back at the office, Eugene is being interviewed, the tag line saying "Eugene Young - Partner - Donnell, Young, Dole & Frutt". He is asked if he was surprised Bobby said yes to the cameras. Eugene says not really, if he loses he hope they catch some sort of prosecutorial misconduct on tape that will give him grounds for appeal. The interviewer asks what if he wins and Richard Bay spots some sort of misconduct on Bobby's part. Eugene says it doesn't matter, double jeopardy, not guilty is not guilty.

In a hallway at the courthouse, Lindsay is waiting. An elevator door opens and Bobby steps out, mobbed by reporters. He fights his way through the crowd where he meets up with Lindsay. She tells him Richard has the monitor set up, it looks like he's going to show the tape again. Bobby says what a shock and asks her if she told Scott. She says he's ready.

In the courtroom, Scott is on the stand. A tag line tells us its Day 3 of the Trial. Its standing room only for reporters. Scott is saying that his wife had just told him she was leaving him. Bobby asked if he had seen this coming. Scott says not at all, that they had had their problems and that he knew she was unhappy but he never expected her to walk out. Bobby asks if he wanted to stay married. He says yes, that he asked if they could get therapy but she said it was too late, that she had already made up her mind and she said she wanted to live life without him. He says she said it had been years since she had felt the slightest twinge of happiness with him and she said she wanted out. 

Lindsay is closely watching the jury. Bobby asks what happened then. Scott says they argued, they engaged in some name calling. Bobby asks if he called her a liar. Scott says yes, among other things. He says he then went upstairs to the bedroom, got ready for bed and then watched t.v.. Bobby says his wife just told him she was leaving and he watched television? Scott says he had hoped when she came up after things had calmed down a little bit that maybe he could talk her out of it. Bobby then asks what happened. Scott says he waited and then after about an hour and a half she still hadn't come up and he decided she had probably had a drink and decided to sleep on the couch so he went down and she wasn't there. 

He says he thought maybe she had left but he thought he would have heard the car pull out so he went to check and when he opened the door to the garage he could smell the exhaust (his voice is becoming shaky) and it was all smoky. Bobby asks and then what. Scott says he went in and he had to open the garage door because he couldn't breathe the exhaust and he saw the hose. He can barely get the words out. The courtroom is silent. Scott sits almost as if in a trance. Bobby snaps him out of it asking him to go on. Scott says, shakily, that it was a garden hose taped to the exhaust pipe of the car and the car was running and the hose went into the front window. Bobby asks what he did then. Scott says he ran to the car and opened the door and there she was and her head was back and her eyes were closed and she wasn't breathing. The words are getting harder for him to get out. He goes on saying that she looked like she was sleeping and he screamed her name and he shook her and she wouldn't wake up and he pulled her out and she fell and he tried giving her mouth to mouth and chest compressions but she wasn't breathing and she didn't have a pulse. 

He says he kept trying to hold her nose closed and breathe air into her lungs but she wouldn't come back. Bobby asked if he told all this to the police when they arrived. Scott says yes and they asked him to come to the station. Bobby asks if on that video tape when they accused him of killing Karen why didn't he deny it. Scott says he doesn't think he could even believe what he was even hearing. He says he still couldn't believe she was dead and then some district attorney was saying that he killed her. He says he remembers feeling nauseous like he was going to black out. Bobby says he is going to give him another chance to answer that question - did you kill your wife? Scott says no, and struggles to keep his composure. He says he's sorry but for 6 months he's been asking him not to speak to anyone and he never has and he's waited for this day to come before everyone and finally say that he didn't kill her, that he he did not commit any crime. Bobby thanks him and sits down.

Richard is finishing taking some notes, puts his pen down and stands up. He asks Scott if he is an investment banker. Scott says that's right. Richard asks that in the month or so prior to his wife's sudden death, how were things going for him at work. Scott says it had been rough, that the market was off. Richard asks if he had been told that he might lose his job. Scott says that his firm was scaling back and yes he had been told that his position was tenuous. Richard asks about his personal assets, had he suffered some losses. Scott says a few, yes. Richard says that at the time of his wife's death he was practically broke. Scott says he was hardly broke, that he did live in a million dollar house. Richard asks if it were fully paid for. He says no, that they had a mortgage of about 400,000. Richard asks if he had any other assets. 

Scott says his savings, some stocks. Richard asks if the totaled more or less than $50,000 at the time of his wife's death. Scott says at the exact time less, but stocks... Richard cuts him off saying that at the exact time of his wife's death his assets totaled about $650,000, a divorce would have cut that in half, add to that attorney's fees and alimony plus he was looking at unemployment... Richard asks Scott if he had a life insurance policy on his wife at the time of her death. Bobby, who has been looking very uncomfortable with this line of questioning, objects. Judge Hiller overrules the objection. Scott says there were life insurance policies for both of them. Richard says that the policy was to pay him over a million dollars in the event of her death. Scott says yes. Richard asks him when he renewed that policy. scott says they both renewed the policies. 

Richard rephrases the question, asking when did the both renew the policies. Scott says he thinks it was about May. Richard says that's about 1 month before her sudden death. Then, without skipping a beat, he asks Scott if he killed his wife for money. Scott says no he did not. Sarcastically, Richard says he seems capable of denying it now. Bobby objects, Judge Hiller sustains the objection. Richard says Scott has a suicidal woman on his hands, they get into a big fight and he goes upstairs to watch television? Scott says he didn't know she was on the verge of taking her life and hey, he was angry that night too. Richard asks if he was angry enough to kill her. Scott says no. Richard asks if he was angry enough to have a mental breakdown. 

Scott looks nervously over at Bobby. Bobby objects, saying that that calls for a medical opinion. Richard says he'll put it in layman's terms - angry enough to snap? Scott says no. Richard says he's about to lose his job, he's already lost his money, now he's hit with losing his wife, your house - you weren't going to let that happen, were you? Scott says that's not the way it happened. Richard says he snapped. Scott says he did not. Richard says he hit her from behind, Scott is shouting over him saying he never hit her, Richard keeps shouting accusations, saying that they saw the tape. Scott says he explained that, Richard says he killed his wife. Scott, losing control, shouts that he did not, pounding his fists on the railing. Richard. asks him calmly if he's about to get violent. Both Bobby and Lindsay yell objection! Richard says withdrawn, and then says nothing further. With that Bobby yells "Chambers, your honor!"

Back in Judge Hiller's chambers, the camera crew following, Bobby is yelling that its bad faith, that never in the first trial did they suggest financial motive, that the police never mentioned it. He yells at Richard that he can't decide on a new motive between the first and second trial. Richard yells why can't he. Bobby says that without any new evidence that amounts to unfair surprise. Richard yells he's got to be kidding. Bobby yells he can't just fabricate a new motive. Judge Hiller tries to regain control. She tells Bobby that there is nothing to prevent the prosecution from changing strategies. Bobby says that at a minimum its bad faith, that if they truly believed that money was a motive they would have argued it at the first trial. Richard says he didn't try the first one, Helen Gamble did. Bobby says come on Richard. Judge Hiller asks Bobby what he's asking for. Bobby says that the Commonwealth doesn't have a good faith belief in their motive theory and to spring it at a second trial constitutes unfair surprise and he's asking that it be stricken. Judge Hiller says forget it, to not even waste her time, that he doesn't know what Mr. Bay does or does not believe, that they are not bound by the strategy of the first trial.

Back to where Richard is being interviewed. He is asked if he does believe that money was a motive. Richard says he certainly doesn't know that it wasn't. The interviewer says he's just asking a question. Richard says he's not asking a question, he's making an accusation and he's getting sick of it. He says the idea of giving then access was to let them observe, it wasn't to let him charge in there with opinions. The interviewer asks if he was doing that. Richard says yes, he's been doing that and he's getting fed up. He says if they want to point their damn cameras fine, but enough with the judgments.

Bobby is now being interviewed. He is asked what he is thinking right now. He says he's thinking that this is why you shouldn't represent people you feel emotionally - family members, friends. He says the best legal advise you can give them is to hire somebody else. The interviewer asks if he thinks he has tried a bad case again. The camera pans back to show Lindsay sitting next to him on the sofa. Bobby says he was caught off guard with motive, that he let the jury see him angry with a witness. He says yeah, he made some mistakes. All through this Lindsay has looked as if she wanted to say something. Finally she does, looking at Bobby and saying that she doesn't agree. The interviewer asks her what she thinks. She says she thinks its pretty even and ties go to the defendants in this business. She says that Bobby closes a lot better than Richard Bay. She says that this isn't over. The interviewer say that the question he has is they have a client charged with a violent and angry crime, you told him not to flash anger - what happened? Bobby says he doesn't know, shakes his head, looking very discouraged.

Commercial.

Back in the courtroom, the tag line tells us its Day 4 of Trial. Its time for closing arguments. Richard is up first. He says that when he first became a lawyer he would call his mother and tell her about all his cases. He says he would explain all the intricacies and she'd get bored and yell at him to nutshell the damn thing. He says he noticed that when he did nutshell, most of the case he thought were so complicated were actually quite simple. He says that the nutshell on this one: man in financial trouble renews insurance policy on wife, she announces she's leaving him, she's found dead with a whack on the back of the head. He says that pretty much says it all. he says in the way of proof, there's certainly a lot more. He says all the DNA evidence points to the defendant - not most of it, all. He says her skin was found under his fingernails, his skin cells and prints found on her head and neck. He says his admission was caught right on video tape, his anger was displayed right here on the stand, his own treating psychiatrist diagnosed him border-line psychotic. Richard says she didn't commit suicide. He says her psychiatrist said she wasn't suicidal. He says this woman was murdered, that all the evidence tells you so and Scott Wallace - he turns on the video tape once more to the part where he breaks down, plays it, then turns it off - "he told you so too". Richard sits down, glaring at Bobby as he passes.

Bobby gets up. He says that the only reason Scott Wallace was ever arrested was that perceived admission. He says that the DNA evidence, the head fracture - all that came from him trying to save her. He says that the prosecution's entire case is his reaction to his being accused of the murder. He says they say it wasn't a normal reaction, that that's not the way people normally respond. He says have any of the jury been in this situation, has any of their husbands or wives died recently, have any of them been accused of murdering a spouse in the immediate wake of discovering the death? He says it seems to him that a mental breakdown of some sort is the most normal reaction. He says that's what Dr. Murphy told you Scott was experiencing. He says that's what Scott himself told you that. 

Bobby says Scott was feeling nauseous in that interrogation, about to black out. He says as Dr. Murphy said, he was suffering from twin positional traumas. Bobby says how dare they charge him with murder because they didn't like the way he responded when accused. He says they better have more than that and they don't. He says now the DA wants you to find guilt because Scott Wallace got angry in the witness chair. He says first they arrested him because he didn't get angry and now they want you to convict because he did. Bobby says that people ask him how he can spend his days being a criminal defense lawyer, defending guilty people. He says he is in this to defend the innocent ones and there is an innocent one sitting right over there. He says for 6 months now they have kept him locked up, he couldn't even go to her funeral, he's never even been to her grave, they've taken away his life. He says Karen Wallace took her own, the police have taken his. He says enough is enough - "Give freedom back to an innocent man." He turns and walks back to his seat.

Richard pops up and says nutshell - borderline psychotic man in financial trouble renews insurance policy on wife a month before her death. He says she threatens to leave him, he's heard screaming at her, she's found dead with a fractured skull. He says when accused of the crime, he doesn't even deny it.

Back to interviewing Richard. He is asked if he likes Bobby Donnell personally. Richard says half heartedly that he's a pretty good guy. The interviewer says its one thing for 2 men looking at the same evidence to have differing opinions, but you two seemed so convinced in opposite directions.... Richard says that DAs come to prosecute those they believe to be guilty. Defense attorneys come to believe those they choose to defend. The interviewer says that certainly makes it sound like the DAs are more noble. Richard says we are.

Back at the office, in the conference room, Jimmy is being interviewed. The tag line describes him as "Jimmy Berluti - Associate - Donnell, Young, Dole & Frutt". He is asked if Bobby usually hibernates while waiting for a verdict. Jimmy says yeah, that waiting can be a killer. He says a lot of lawyers just go about other business, but Bobby can't. He is asked if there are other clients. Jimmy says plenty and Bobby could be out there right now bringing in new ones. He says if you're looking to build a law practice, Bobby is not the one to hire, but if you're ever charged with murder... The phone rings in the outer office and you hear Lucy answer "Hot line". She hangs up and announces that the jury is back.

Back at the courtroom, Bobby sits nervously beside Lindsay and Scott. The jury files in slowly. The foreman hands the verdict to the bailiff who hands it to Judge Hiller. She reads it, hands it back to the bailiff, who hands it back to the jury foreman. She asks Scott to please rise. He does so, along with Lindsay and Bobby. She asks the jury foreman if the jury has reached their verdict. He says they have, She asks what say you. The jury foreman reads, "The Commonwealth versus Scott Wallace on count one, murder in the first degree, we find the defendant Scott Wallace, not guilty."

 Murmuring is heard throughout the courtroom. A small smile sneaks onto Lindsay's face. Bobby looks as if he's still holding his breath. The foreman continues reading, "Count two, murder in the second degree, we find the defendant Scott Wallace, not guilty." More murmuring throughout the courtroom. Richard looks shell shocked, as does Bobby, but for very different reasons. Scott looks relieved and in disbelief. Lindsay smiles and hugs Scott, who hugs her tightly. Judge Hiller thanks the jury for their service and tells Scott he is free to go and adjourns the court. Scott goes over to Bobby and hugs him. Bobby finally smiles. Scott says "Thank you, Buddy" Richard sits there, totally disbelieving he lost. Bobby, Scott and Lindsay are all smiles, but Bobby also looks as if the weight of the world has been lifted off his shoulders.

Back in Judge Hiller's chambers. the interviewer is saying to her that it wasn't as ugly as she predicted. She says no, she thought they all behaved very well, it was nice to see for a change. She is asked if she thinks it was the right result. She thinks for a moment and then says probably, that she supposes there was reasonable doubt. The interviewer says but does she think it was the right result. Judge Hiller says simply that she hasn't the slightest idea.

The end.
 

The Review

Not done yet