"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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