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"Brother's Keeper"
- summary by Christie
Written By:
David E. Kelley
We open with Helen meeting with a group of people. She tells them they
face one last motion to dismiss and if they get by that the trial will
start tomorrow. A man in the group says they will get by it, right?
Helen says she hopes so. A woman says, in disbelief, there's a chance
this won't even go to trial? Helen says that while she hasn't met all
of them, as she has explained to her husband and son that this is a very
uphill battle. She says they are prosecuting one man for murder that
another man committed in a foreign country. Another man says that the
other man was his brother. Helen says she understands, but they have
only gotten so much cooperation from Pakistani authorities and she has
received no help whatsoever from our own federal government which prefer
that she back off it all together and that frankly their case is weak.
The first man says that what she is saying then is you think he's going
to get away with it. Helen says she's going to fight for it but things
got a little tougher this week. She says the defendant switched lawyers
and his new lawyer is very tough.
Cut to Bobby meeting with a man in his office. He is telling him he's
not recommending a plea, he's just saying that its an option. The man
says why would he ever agree to a plea. Bobby says conspiracy, not...
The man cuts him off, saying he had nothing to do with it, that you
can't condemn a man for the actions of his brother. Bobby says a jury
could very well think he's involved because it was his brother. The man
says that's wrong, they have no evidence, give him one single reason he
should even consider a plea. Bobby says he'll give him 3 - he's
Pakistani, the victim was American, and this is Boston.
Opening credits.
Back at the offices of Donnell, Young, Dole and Frutt, Bobby and Rebecca
are getting ready to leave. Everybody but Ellenor is there. Bobby is
saying that if they win the motion its over and they'll be back before
noon. If they lose, the trial starts immediately. Eugene asks what he
thinks their chance are. Bobby says the law is on their side and they
just got transferred to Kittleson, so he's optimistic. Lindsay says
that they're becoming a niche practice - husbands who kill wives. Bobby
says he's innocent, Lindsay. Just then Ellenor comes through the door,
seeming very happy. She says hello to everyone. She says good morning,
a big smile on her face. Everyone looks at her like she's crazy, except
for Lindsay who gets up and walks over to her, smiling just as broadly.
They smile knowingly at each other. Lucy pipes in with "She got a
date?"
Bobby asks what's going on. Ellenor says she didn't want to say
anything until.... but there's really no reason not too... Lindsay is
standing smiling at her side. Ellenor definitely has everyone's
attention. She continues, saying a bit hesitantly "I'm pregnant." You
could hear a pin drop. All (except Lindsay) stand with mouths hanging
open in disbelief, seemingly frozen in place. After what seems like an
eternity Bobby says very funny. Ellenor says "I am". Lindsay says she
is. Bobby looks at her, puzzled. Ellenor says she didn't want to jinx
it before the amnio but everything is fine, she's 4 months and she's
going to have a baby girl. She can't conceal her excitement. Lucy sort
of smiles. Jimmy asks who the father is. Ellenor says she's keeping
that confidential, that he's basically just a sperm donor and she's
going to be a single mom. Jimmy looks at her, disapproving. Bobby just
says wow. Rebecca says, almost forced, that that's fantastic. Lucy
says yeah and goes to hug Ellenor and tells her that's fabulous. Jimmy
says so you're going to be a mom? Ellenor, sounding hurt, says yeah,
don't let everybody well up.
Just then a pudgy little man comes in the door and goes up to Lucy. he
tells her he's Harland Bassett here to see Eugene and asks if he's
available. Lucy, remembering who he is hesitates and looks toward
Eugene. Eugene looks as if he's trying to find a desk to crawl under.
Harland asks him if he remembers him. Everyone else sure does, and so
does Eugene.
Back in Eugene's office, Harland is telling Eugene his story. He says
that she's his niece so he has a vested interest, besides he being
innocent. Eugene asks if its a burglary. Harland says no, just
shoplifting, and its a false i.d., the security guard has it all wrong.
Eugene says hold on and ask if he's being ordered by the court again to
have co-counsel present? Harland says no. Eugene asks then why - its a
shoplifting. Harland says its also his niece, and he's hit an unlucky
patch since they last time we were at trial together, his malpractice
carrier has ordered him to advise all his clients that he has never won
a jury trial. Eugene looks at him shocked and says you still haven't
won? Harland says he's won some bench trials but a jury.... He says he
needs to get one under his belt and not just because he loves his niece
but also because its tough to recruit new business with this mandate
from the carrier. He says its a 2 day trial tops. He says he knows
he's asking a lot, but he needs to get a "w".
Back at the courthouse, Bobby and Helen are arguing before Judge
Kittleson. Bobby is saying that there is no basis in law for these
charges, that a defendant can't be an accessory before the fact to a
homicide that happened in a foreign country. Helen says if there's a
kidnapping with the intent to kill they can absolutely assert
jurisdiction here. Bobby says she wasn't kidnapped, she went to
Pakistan on vacation. Helen says he tricked her - she thought she was
going on vacation, he already arranged with his brother to have her
killed when she arrived. Bobby says are you serious?
Kittleson says to
Helen that she assumes she has already tried extraditing the brother.
Helen says to no avail. Kittleson asks them to approach the bench. She
tells Helen this seems a bit much and asks her why is she doing this.
Helen says, indicating a group of people in the gallery, that's her
family out there - how can she not do it? Kittleson says she can't say
she's overwhelmed by the merits, but there's enough to go forward.
Bobby is shocked. He says there's nothing to go forward. Kittleson
ignores him and announces that the defendant's motion to dismiss is
denied and tells the bailiff to bring in the jury.
At a store, Eugene and Harland are talking to a security guard. The
guard is saying that he doesn't think its a case of mistaken identity,
that their client is somewhat distinguishable. Eugene asks how so. The
guard says "she's the size of a cottage" - no offense. Insulted,
Harland says "offense taken!". Eugene asks the guard if that was how he
picked her out, by her size. The guard says no, by her face as well.
He says in fact he first identified her from a picture where you
"couldn't even see her girth". Eugene asks if he picked out a mug shot
before the line-up. Harland says she didn't have a mug shot, that this
was her first arrest. The guard says the D.A. showed him a regular
picture, not a mug shot. Eugene asks if he saw that photo before the
line-up. The guard says look, she's the one he saw lift the
merchandise.
Outside, Harland asks Eugene if he thinks he can shake him. Eugene says
he doesn't think it will come to that. Harland asks what does he mean.
Eugene says he thinks they should bring a motion to dismiss on the basis
that the i.d. was tainted. Harland says good idea. Sarcastically,
Eugene says "Yes, I thought you'd like it."
Back at the courthouse, Helen is questioning a witness. He is saying
that he examined the body that had been returned from Pakistan. Helen
asks if he were able to identify the body. The man says yes, that
through dental records he identified it as the body of Julie McGrath.
Helen goes over to some easels set up. One has a big poster size
picture of a very attractive blonde woman. She turns over a poster size
picture that is on the other easel. It shows the charred remains of a
person. The gallery groans. The jury looks shocked. The victim's
family cries. Her husband, sitting at the defense table with Bobby,
looks down. Bobby looks disturbed.
Helen asks if that is how Julie
McGrath's body arrived from Pakistan. The man says yes it was. Helen
asks what his examination revealed. The man says there was carbon
monoxide in his blood and soot in her lungs, and tests revealed there
was gasoline residue all over her tissue. Helen asks what that means in
laymen's terms. He says that she was soaked in gasoline and set on fire
and burned to death. Helen asks if she were burned alive. The man says
yes. The jury members look appalled. Judge Kittleson asks Bobby if he
has any questions. He says no questions. Helen calls Detective Michael
McGuire as her next witness.
Mike takes the stand and says that they received cooperation from the
Lahore police department in Pakistan and they provided them with the
details of their investigation. Helen asks what the Pakistanian
investigation reveal. Mike says that it was a homicide committed by
Javed Sharif, brother of the defendant. Helen asks if he had been
arrested. Mike says yes he was. Helen asks if he made any statements.
Mike says he did, that he confessed to the killing and said it was done
to protect his brother's honor. Helen asks how did setting Julie
McGrath on fire protect his brother's honor. Mike says that Ms. McGrath
had evidently engaged in an extra-marital affair, that adultery is
considered a serious breech of a man's honor in Pakistan, that in his
statement Mr. Sharif had said that he set Ms. McGrath on fire to avenge
his brother's disgrace. He says it was an honor killing.
Judge
Kittleson asks Mike what he means by an honor killing. Mike explains
that in Pakistan there is an ancient tribal custom that a man's honor is
linked to his possessions - gold, land, women. Helen asks Mike if Javed
Sharif was ever prosecuted for this murder. Mike says no. Helen asks
why. Mike says that according to the Pakistani government, the
defendant invoked qisas. Helen asks what that means. Mike says that
qisas is evidently an Islamic doctrine which is actually law in
Pakistan. It allows the heirs of a murder victim to pardon the
murderer. He says that Mr. Sharif here is the heir and in fact pardoned
his brother. Helen says so the defendant pardoned the man who set his
wife on fire. Mike says that is correct. Helen sits down.
Bobby gets up and asks Mike what would have happened to his client's
brother had he not pardoned him. Mike says he would have faced death by
hanging. Bobby says then the only way his client to spare the life of
his brother would be to pardon him altogether. Mike says yes. Bobby
asks Mike if there is any evidence that his client directed his brother
to commit this crime. Mike says not to his knowledge. Bobby then asks
Mike if there is any evidence that his client knew this was going to
happen. Again, Mike answers not his knowledge. Bobby thanks him and
sits down.
Commercial.
At the hearing for Harland's niece, Harland and Eugene are seated at a
table waiting for the judge to come in. Harland asks Eugene if he wants
to do the talking. Eugene says it would be nice. Harland says because
if they win this motion he'll still ne denied his jury win. Eugene
looks at him like he's nuts. The bailiff tells all to rise and the
judge enters. Its Judge Hiller, who was the judge the last - and most
embarrassing time - Eugene helped Harland. Eugene sees her and says oh
no. Harland says what's she doing here. Judge Hiller starts to sit
down and as she does, sees Harland and Eugene. She freezes for a
moment, staring at them, looking at them in horror, then stands up,
gathers her things, gets down from the bench and leaves the courtroom,
slamming the door behind her. The D.A. looks confused. Seconds later,
the door opens again and Judge Hiller sticks her head in the door and
says "Mr. Young - chambers!" and leaves again, again slamming the door
behind her.
In Judge Hiller's chambers, Eugene is saying to a pacing Judge Hiller
that he can't tell him not to talk, its his case. Judge Hiller says she
doesn't care, that after what he did the last time, he's an
embarrassment. Eugene says its his niece, he doesn't think that....
Judge Hiller cuts him off, reminding him that Harland had a penis
introduced as evidence - after he had it altered. Eugene says he will
do his best to contain him and he thinks he fully appreciated her wrath
over what happened the last time and that it should be a very quick
trial. Judge Hiller says, very firmly, that she will hold Eugene
responsible for any antics - "You're on notice!"
Back at Bobby's trial, Helen has the victim's lover on the stand. He is
saying that they had been seeing each other for about 3 months. Helen
asks what happened then. He says she broke it off, she wanted to work
things out with her husband. Helen points to the defendant and asks if
that is him. The witness says yes. Helen asks if he ever had any
encounters with the defendant. The witness says yes, that when he
learned of the affair he basically accosted him. Helen asks how he
accosted him. The man says he was leaving work and he approached him in
the parking lot and threatened him. Helen asks him to describe the
threat. The man says the defendant said for him to stay away from his
wife in what he perceived to be a threatening tone. Helen asks if he
said anything else. The man says yes, that he said in his country
people were killed for committing adultery. The jury members glare at
the defendant.
Bobby gets up to question the man next. He says he takes it that his
client was very upset when he said that. The man says yes. Bobby says
he had just found out that he had been sleeping with his wife for 3
months. The man says yes. Bobby says that this was an angry husband
blowing off steam, wasn't it? The man says well.... Bobby asks him if
he reported this incident to the police. The man says no. Bobby says
then he didn't perceive what he said to be a threat on either his life
or the life of Julie McGrath, did you? The man says not at the time no.
Back at the office of Donnell, Young, Dole and Frutt, Lucy scurries over
to Ellenor and says she doesn't want to be personal but was this
artificial insemination or the old fashion way. Ellenor looks at her
and says, with a sarcastic tone to her voice, "You know Lucy, despite
our deepening friendship, I'm going to choose not to answer that." and
goes back to her papers. Lucy walks away, defeated. Jimmy comes up to
Ellenor and asks her isn't she a little afraid, raising a kid alone, "do
you think its right?" Unbelieving, Ellenor says "Do I think its
right?" Jimmy tries to explain himself, saying that does she thinks its
the right thing with her working and all, does she think its the right
thing for her. Defensively, Ellenor says that its obviously something
she has put a lot of thought into. Jimmy sats great - that was all he
was asking. Jimmy walks away, but Ellenor pursues it, saying that she
didn't get the feeling he was asking anything. |
She says it sounded to
her more like he was commenting. Jimmy says he's sorry she got that
impression. Not believing him she says right, and walks off into the
conference room and slams the door behind her Lindsay, who has been
watching all this from her desk, goes into the conference room after
her. Ellenor is staring out the window. She goes over to Ellenor and
says, trying to inject perhaps a little levity into the situation,
"Let's not let our hormones get the better of us." and she puts her hand
comfortingly on Ellenor's shoulder. Still staring out the window she
says it hurts, ok. She then turns to Lindsay and says that when Lindsay
announced she was pregnant, everyone practically jumped over the table,
but with her.... Lindsay says it is a little more unexpected with her,
that they'll celebrate it, to just....
Ellenor interrupts, finishing
Lindsay's sentence "give them time?" Ellenor goes on, saying that she
expected to raise a few eyebrows with the people.... but she guesses
she considers the people here to be like family and she didn't think she
would have to give them all time to get over it. She says why not just
be flushed with happiness, if for no other reason than because she is.
Lindsay gently tries to explain to her, saying that she just sprang the
news this morning, that the happiness is there - "trust me". She puts a
reassuring hand on her arm. Ellenor looks like she's not so sure that
Lindsay is right - and it hurts.
Back at Harland's trial, Eugene is arguing his motion to dismiss.
Eugene is saying that the reason his client was picked out of a line-up
was that he was shown a picture of her prior to that by the district
attorney. The D.A. says that the witness was identifying the woman he
saw in the store, not the picture. Eugene says they can't know that,
the witness maybe can't know that. He says the witness saw a familiar
face... He tells the D.A. it was improper and she knows it. Judge
Hiller stops him from going on. Eugene says that this was witness
bolstering, that first of all this wasn't a mug shot, that his client
has no record, there is no mug shot, that the district attorney took
this picture out of his client's purse. The D.A. says she certainly did
not.
Eugene says to her then how did she get it. The D.A. says that
the witness picked it up off the department store floor, that it fell
out of her purse as she was running away. Eugene looks surprised - and
annoyed. Judge Hiller says the motion to dismiss is denied, let's
proceed with the trial. Eugene walks back to his seat and then turns to
Harland saying that perhaps he should have filled him in on how they got
the picture. Harland says he didn't know. Eugene glares at him and
tells him to get his niece in here, that they're going to trial.
Harland says to Eugene to look at the bright side - he can still get his
jury victory now. Without even looking at him, Eugene says, VERY
sarcastically, "Yes, I'm trying to contain my delight on that".
Back at Bobby's trial, the brother of Julie McGrath is on the stand. He
is saying he was always close to his sister, they were only a year
apart, that in many ways they were best friends as well as siblings.
Helen asks him if his sister confided in him that she was committing
adultery. He says yes and that it was he who convinced her to be honest
and tell Ammad (her husband). He says he certainly regrets doing that
today. Helen asks why is that. He says because he had her killed.
Bobby objects. Judge Kittleson sustains the objection. Helen then asks
the brother if her sister ever told him about her trip to Pakistan. He
says yes. Helen starts to ask him if he could tell her about it, but
Bobby objects. Helen says it goes to state of mind, Judge Kittleson
allows it.
He says she told him it was Ammad's idea, a way of
reconnecting. He says Ammad thought it was a good to go back home,
which his sister thought was a little bizarre. Helen asks why was
that. The brother says Ammad had always told her, and him too for that
matter, that he didn't enjoy going back home, that he wasn't
particularly close to his family and then suddenly she is going there
without him. Helen asks why without him. He says that suddenly out of
nowhere Ammad has this project he has to finish, so he sent her over
telling her he would be over in a few days. He says she never thought
he was sending her over there to be executed. Bobby objects loudly.
Judge Kittleson sustains the objection The brother says he probably
stayed here as an alibi. Again Bobby objects loudly. Again, Judge
Kittleson sustains the objection, telling Helen to control her witness.
Helen asks the brother what happened after he learned of his sister's
death.
He says nothing happened, that the brother confessed, said it
was an honor killing, and then nothing happened. He is getting very
angry and continues, saying that was because, pointing at Ammad, that
"son of a bitch" made sure of it.... He is yelling, Bobby is yelling
move to strike, the brother is still yelling saying he never even went
over there. Judge Kittleson tries to regain control, telling the
brother she will have him removed. Helen tells him that he needs to
calm down. The brother, calmly now, says he didn't even go over there,
that his sister was burned alive and nobody did anything. He says
that's the answer to her question, that the Pakistani police did
nothing, our government refuses to get involved and nobody did
anything. He is fighting back tears now, saying that a beautiful woman
was murdered and nobody did anything. He totally breaks down. The jury
is clearly moved. helen looks quite satisfied, Bobby quite discouraged,
knowing the impact his testimony has had.
Commercial.
Back at his office, Bobby is talking with Ammad and Rebecca. He is
saying that his feeling is they haven't made their case, but he is
worried, that they're last witness was extremely emotional. He says his
gut tells him to but him up there. He asks Rebecca what she thinks.
She says she thinks there is no question, that the evidence is thin but
they do have phone records of his calling his brother. Ammad says yes,
because he was about to visit, that people call before... Rebecca tells
him she's just saying it doesn't look good. She tells him its going to
be hard for the jury to believe that his brother risked burning his wife
openly without some assurance of a pardon, particularly when the
punishment is death by hanging. Ammad asks Rebecca if she thinks he's
guilty.
She says her opinion doesn't matter. He says, with an angry
tone in his voice, that he's taking a poll. She tells him that he
pardoned the man who killed his wife. He asks her if she could kill her
sibling. Bobby says, trying to change the subject, that in Ammad's
testimony he doesn't know if it will be enough to simply denounce the
murder. He says he has to condemn these honor killings, and it probably
wouldn't hurt for him to distance himself from his home land
altogether. Ammad says he is an American, but he is also proud to be
Pakistani and he certainly won't denounce his native country. Bobby
says he's just saying it wouldn't hurt. He looks at Rebecca who nods in
agreement.
At Harland's trial, the security guard is on the stand. He's saying
that he looked over and saw her stuffing software into her purse. He
indicates the rather large woman sitting at the defense table. The D.A.
asks him if he saw this woman, again indicating the woman at the defense
table. Again, the guard says yes. The D.A. asks what happened next.
He says that he started to approach her and that she seemed to know he
was suspicious and then she took off. The D.A. says she took flight?
He said immediately. The D.A. says and you couldn't catch her? The
guard says he inadvertently collided with another customer and because
of this she alluded capture. The D.A. again asks him if he's absolutely
sure that the woman at the defense table is the same woman he saw
stuffing software into her purse. He says absolutely, that she's even
wearing the same yellow dress. Eugene whispers to Harland "she couldn't
have come to court in a different outfit?".
Judge Hiller asks Eugene if
he has any questions. He says his colleague, Mr. Bassett will be
conducting cross. Looking none too please Judge Hiller very
sarcastically says how nice and glares at Eugene. Harland gets up and
asks the guard if he's certain this is the woman he saw. The guard
says yes he is. Harland says Emma Luger, the very woman he picked out
of a line-up? The guard says correct. Harland says, pointing to the
woman, this is that woman, are you absolutely sure? The guard says
yes. Harland says positive? The D.A. objects, saying asked and
answered. Judge Hiller sustains the objection. Harland says nothing
further and sits down. Eugene leans over to him, looking at Harland
like he's crazy. He says nothing further? Harland says emphatically
that it went well. Eugene says went well? He says that Harland just
got the witness to confirm the i.d. 3 more times.
He says, angrily and
with frustration in his voice "We represent the defendant!" Harland
says he realizes that. Judge Hiller then says to Harland does he have
something he would like to share with the court. Harland stands and
says yes, at this time he would like to ask that the real Emma Luger
please stand up. He gestures toward the gallery. Eugene is looking
like he wants to run away and hide. A woman who looks very similar to
the woman seated at the defense table stands. Harland says that this is
the woman charged with the crime, that the witness identified this woman
here - indicating the woman seated at the defense table - whose name is
Marjorie Houley. The D.A. looks shocked. Judge Hiller looks mad.
Eugene buries his face in his hands. Judge Hiller throws down her pen
and says she will see counsel in chambers.
Back in her chambers, Judge Hiller is pacing before the 3 lawyers, the
D.A., Eugene and Harland Bassett. She practically has smoke coming from
her ears. She glares at Harland, who says that justice demanded it.
Judge Hiller says justice demanded that you commit a fraud on the
court. Harland says that the line-up was tainted and that as Ms.
Luger's attorney... Eugene tries to shut him up. Judge Hiller says
that both Harland and Eugene are in contempt. Eugene says he didn't
know. Judge Hiller tells Eugene she told him she would hold him
accountable - "you're in contempt!". The D.A. says to Judge Hiller
that she has to declare a mistrial. Judge Hiller tells her that double
jeopardy has been attached and that she could walk with a mistrial.
The
D.A. says that she would suggest that she call a mistrial on shoplifting
and hold the defendant in contempt of court, as well as counsel, and
slap her hard. Eugene says that's completely unethical. The D.A. says
and you're going to raise ethics? Eugene says that the defendant just
followed the advise of her attorney. He turns to the D.A. and says that
you can't imprison her for sitting in the back of a courtroom. Harland
says he thinks they should just finish the trial and all learn from
their mistakes. Judge Hiller gives him one of her patented "if looks
could kill" glares and says that this is what will happen. She says
they will put both those women at his table and then allow the witness
to make another i.d. and she will instruct the jury to disregard the
first one. Harland says that that would be paramount to steering the
witness. Angrily, Judge Hiller tells Harland that the court is not
interested in anything he has to say. She tells him to get those women
at his table and they will reconvene after lunch.
Back at the offices of Donnell, Young, Dole and Frutt, Lindsay is
sitting at her desk looking over a document. She says to Ellenor that
the contract looks fine as between her and the biological father.
Ellenor says but? Lindsay tells her she doesn't have any authority to
waive the child's rights. She says if the child wants to sue for
financial support down the road you can't really contract against it.
Jimmy, standing by Lucy's desk says to Ellenor "You didn't think of
that?" Ellenor turns around and glares at him and asks if he has
something to say. he says no. Lindsay tries to stop Ellenor, but
Ellenor asks Jimmy what the hell that meant.
Again, Lindsay tries to
stop her, but Ellenor just tells Lindsay that he made a remark and she's
going to address him on that. With hands on hips she walks over to
Jimmy and asks him what his problem is. Jimmy turns to her and says ok,
his problem is that this single mother thing more times than not its a
selfish thing to do. Ellenor says is that right? Jimmy says yes. He
says you're getting a child - good for you - but as for the baby, she's
getting a life with no father. He says its tough enough growing up
these days .....
He says he's just saying that he doesn't think its any
coincidence that when she drew up that contract that she didn't once
consider it from the child's side. Ellenor is getting mad. She looks
at Jimmy with disgust and says to him "Well consider this Jimmy - go to
hell, which I know you believe in considering the origins of most of
your beliefs!". Jimmy says fine, insult me as a Catholic. Trying to
regain peace, Lindsay says all right this discussion isn't necessary,
but its to no avail. Ellenor lashes right back at Jimmy saying no,
she's insulting him as a friend, somebody who she happens to love and
somebody who she expects to be there for her. Then she says know what,
forget it, and she walks away.
Back at Bobby's trial, Ammad is on the stand. He's saying that he is as
horrified as everyone else. Bobby says you didn't know what he planned
to do? Ammad says set my wife on fire - of course not. Bobby asks him
how he found out about his wife's affair. Ammad says he told him, that
he was very hurt about it so he shared his... His voice trails off.
Bobby asks him what his brother's reaction. Ammad says he was angry but
he certainly gave no indication that he planned to take her life. Bobby
asks if these honor killings are sanctioned by Islamic law.
Ammad says
no, nor are they by Pakistani law, that they're simply a custom, and
ancient one, which is hardly ever practiced. Bobby asks him if he knew
his brother believed in honor killings. Ammad says no, it was nothing
they ever talked about, that he is an educated man. Bobby says to him
that he burned his wife. There is a long pause. Finally he says yes.
Bobby then says and you pardoned him. Again there is a long pause.
Ammad's eyes are brimming with tears. Finally, appearing to choke back
tears, he says because he's his brother, that he knows his heart, and if
he didn't, he would have been hanged. He says that as much as he hate
what he did, as much as he would never be able to forgive him, he
couldn't sign his death warrant.
Helen is up next. She tells Ammad that his brother decides to redeem
him by burning his spouse alive - he doesn't check with you first to say
hey do you mind. Ammad says his brother knew he would have stopped
him. Helen asks if he knew he would pardon him. Ammad says no. Helen
says he committed murder in front of a lot of witnesses with no
assurance that... Ammad says that's right. Helen asks him where he is
now. He says he's in Pakistan. Helen says he will burn a woman to
protect your honor, but he can't get on a plane to testify on your
behalf? Ammad says if he came to this country he would be jailed for
life. Helen says so he's letting you take the fall - he burns the wife,
you take the rap. She says that getting convicted of murder is not a
dishonor to you, in your country its not a disgrace to be a convicted
murderer? Bobby objects, but Judge Kittleson overrules the objection.
Helen says how about simply committing murder - any dishonor in that?
She says that his brother is even a hero over there, isn't he.
Bobby
again objects, asking what is the relevance. Helen says that the
relevance is that this is win-win - one brother gets rid of a wife,
while the other one gets to enjoy a hero's status. Bobby again objects,
moving to strike. Ammad says he doesn't consider his brother a hero.
Judge Kittleson sustains the objection. Helen says to Ammad that is it
his testimony that knowing Pakistani culture that it wasn't at all
foreseeable that your brother might attempt to kill his wife. Ammad
says that murder is not part of Pakistani culture. Helen says that
they're here today because a man's honor has been placed above a woman's
life. Ammad says its an ancient custom, it doesn't reflect today's
practice. Helen asks Ammad if little girls are used to settle disputes
in Pakistan.
Ammad says again she is talking about an archaic custom.
Helen says it is practiced by the same people who commit these honor
killings. Bobby again objects, saying that this is so far off track.
Judge Kittleson sustains the objection and tells Helen to keep it about
the case. Helen says it is about the case, that he knew where he was
sending his wife and he knew what would happen to her. Again Bobby
objects. Again, Judge Kittleson sustains the objection. Helen then
asks Ammad if he called his brother from the airport the day his wife
flew out. He says yes but... Helen asks him if he also called the day
his wife was set on fire. Ammad says with respect to his trip. With
disgust Helen looks at him and repeats "with respect to your trip",
shakes her head and says she has nothing further and takes her seat.
Elsewhere in the courthouse, Harland and Eugene enter a room.
Harland
says he really didn't think it was an illegal thing to do. Eugene says
then why didn't he tell him he planned to do it. Harland said he knew
it was dicey and he didn't want him to get his hands dirty. Eugene says
his hands are all over this, he says he's here as a favor to him, that
he walks into his office, asks for a favor and this is what you do? He
says he may not care about his reputation but he damn well cares about
his, and sitting at the same table with him hurts his reputation. He
asks Harland if he can understand that - he says "you did that to me in
there!".
Meekly, Harland says that wasn't his intent. He hold ups his
briefcase and says to Eugene that that is his office, that he got
evicted from... He says its hard to make the rent when you can't get a
client. Eugene asks if he thinks that acting like a buffoon will get
him clients? Harland says he thinks if he can get one victory, if he
can stop having to advise potential clients that he's never... He says
it was worth risking contempt. Eugene walks over to him and looks him
in the eye and says "When this case is over don't you ever, ever come to
see me again. You got that?" Harland says got it. Eugene turns and
leaves the room, leaving a dejected looking Harland behind.
Commercial.
Back at Bobby's trial, Bobby is delivering his closing arguments. He
says "Did I miss something? Did you? The Commonwealth put forth no
evidence of any conversation between my client and his brother
concerning the death of Julie McGrath. No evidence of any planning, any
aid, no evidence whatsoever that my client knew what was going to
happen. The prosecutions entire case is gee, they were brothers, he
must have known. That's it. Ammad Sharif is on trial here only out of
frustration. They can't get the real killer. A sympathetic family sits
over there wanting justice. A frustrated district attorney sits over
there wanting someone to pay so its let's nail the brother. Now usually
I find myself up here asking juries to analyze the evidence - find not
guilty beyond reasonable doubt. Here there is no evidence. None."
Its Helen's turn. She says "You want evidence? A wife cheats on her
husband. Suddenly he plans a trip to Pakistan. He sends her off
alone. His brother kills her while he sits comfortably in the United
States with an alibi. Then, pursuant to Pakistani law, he grants a
pardon. And his brother completely gets away with it. Yes, its a
little frustrating. The murderer falls back on Pakistani law where this
tribal qisas thing can get him off. While the conspiring husband relies
on American courts and takes advantage of our higher burdens of proof.
This man comes from a society that treats women as commodities. A
nation that burns bad wives. In America we don't do that. We don't
condone honor killings. We don't consider any murder to be honorable.
You all know what he did. Come back with a verdict which reminds him of
what country he is in now." Bobby sits at his table, shaking his head.
Back at Harland's trial, the 2 women are seated at the defense table,
one in a yellow dress, one in a blue dress. The guard is again on the
stand. He is saying that as he said before as she saw him coming he
took off. He says he tried to pursue her but he collided with another
customer and she got away. The D.A. asks him to once more identify for
the court the woman he saw in the store that day. He points over to the
women and says she's sitting right there, in the blue dress. Harland
smiles. The D.A. says to the guard that she wants him to look closely -
is he sure that the woman in the blue dress is the woman he saw in the
store that day. He says absolutely. The D.A. once again asks him if
he's sure. Eugene starts to object, but the guard says that's her, in
the blue dress.
Judge Hiller leans over and says to the guard "Are you
sure it wasn't me?" She turns to the defense and, almost reluctantly,
says she's directing a verdict of not guilty, that Ms. Luger is free to
go, as are you Ms. Blue Dress - I don't even know your name. Harland is
smiling broadly. Judge Hiller then directs the bailiff to take Mr.
Bassett into custody. She tells him she sentences him to 15 days in
lock-up for contempt of court, sentence to begin immediately. Harland
isn't smiling anymore. Judge Hiller adjourns the court and leaves.
Harland says we won. Eugene smiles and says yes we did. Harland gets
up to be taken away, saying that this counts, it was a jury trial, it
counts. Then he looks at Eugene and says thank you. Eugene says sure.
Eugene watches as he is lead away by the bailiff.
Back at D, Y, D and F, Ellenor is sitting in the conference room alone.
Jimmy opens the door and enters. Ellenor looks up at him, surprised to
see him. Jimmy comes over to her and sits down. Jimmy says that the
truth is he does have a problem with the single mother thing, as an
ideal, like he said. He says that the truth is he does consider them
like family, and family members judge each other all the time. He says
we're always in each others business. He says he took the liberty of
butting into hers because he does care about her. He says she's like a
sister to him. He says while he may have doubts about what she is
doing, there should be no doubt that he'll be there for her, every step,
whatever she needs. Clearly moved, Ellenor smiles and says she knows
that, and she appreciates that. She tells him that what she wishes he
could see that what she needs right now is for him to share in her joy.
Back at the courthouse, Judge Kittleson is reading the jury's verdict.
Bobby is very nervous - he's wringing his hands. She hands the verdict
back to the bailiff who hands it to the jury foreperson. She asks Mr.
Sharif to rise and asks the jury foreperson to read the verdict. On the
charge of accessory before the fact of murder - guilty. On the charge
of conspiracy to commit murder - guilty. The family is overjoyed.
Ammad looks shocked. Helen looks blank. Bobby looks angry. He asks
the court to enter verdicts of not guilty not withstanding the verdict.
Judge Kittleson denies this. She tells security to take Ammad into
custody, that they'll schedule sentencing for later and adjourns the
court. A stunned Ammad is lead away. Rebecca looks at Bobby, who
glares at Helen, who stare stonily ahead.
Back in Judge Kittleson's chambers Judge Kittleson is followed in by
Bobby who tells her he needs a second. She says ex parte, counsel.
Sarcastically, Bobby says oh we're suddenly going to exalt the law? She
turns to him and says that it would be a big mistake for him to come in
here and insult her. Bobby says that this seems to be the day for big
mistakes, that there was no basis for that verdict and she knows it,
that it was totally.... She interrupts him, saying "You're going to tell
me what I know?" Bobby says "Let me tell you what I know. I've always
known you to be a judge who is about the law. Despite all the wacky
stuff you've got going on, when you put that robe on you've always been
a judge, a good one, a fair one. You pride yourself on that. Where the
hell was your pride today? The district attorney delivered one of the
most bigoted closings I've ever seen. And you didn't blink.
The
prejudice in this trial has been screaming! And the loudest scream came
in the form of that verdict. How in God's name can you let it stand?"
Judge Kittleson says that for the record, what he calls bigotry, the
district attorney calls motive and she is free to argue that. She says
that second circumstantial evidence is enough to convict and this jury
found that evidence to be compelling. She says it is not her function
to substitute her judgment. Then she says that lastly - off the record
- any man whose brother burns women alive, he can't be all good. She
then tells Bobby to please leave. Bobby just stares at her for a moment
and then says "Wow. I guess prejudice is clothed in black robes
sometimes too." She glares at him and says that she asked him to leave
and he would be wise to do so now. He leaves, but not before giving her
once last look that says she's a bigot and he knows it - and so does
she.
Harland is sitting alone in a jail cell. Eugene comes for a visit. A
guard opens the cell door, letting Eugene in, shuts it behind him and
then leaves. Eugene sits down next to Harland and asks if he is doing
ok. Harland say oh sure. He says that they took away his tie and shoe
laces like he's going to hang himself or something - can you believe
that - on this day coming off a victory? Yeah right! Eugene looks at
him and says it was a victory - you do realize that. Harland says of
course he does. He says to Eugene that he wants to apologize for
humiliating him, that he never meant to. Eugene says he knows.
Then he
tells Harland that the insurance company has to lift that mandate now -
no more having to warn clients that you've never won. Harland smiles
and says yeah. Eugene says its a start - you take the victory, you
enjoy it, and then you build on it. Harland says, with all sincerity,
that he will, that he's just sitting here savoring the moment. He says
nobody has to be worrying about him anymore. Eugene smiles at him and
says sure. Harland thanks him. Eugene says sure thing, then says good
night. Eugene gets up and signals the guard that he's ready to leave.
The guard opens the cell door and Eugene looks back at Harland with a
look that doesn't seem quite convinced that Harland really is ok, and
leaves. The guard shuts the cell door behind him, leaving Harland
sitting very much alone in his cell.
The end.
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