|Trial and Error - Transcript done by Ally
Written by: David E. Kelley
Directed by: Rick Rosenthal
-------------------- Disclaimer --------------------
I do not own the characters in this story, nor do I own any rights to the
television show 'The Practice'. They were created by David E. Kelley and
belong to him and David E. Kelley Productions.
This transcript was written by Ally, firstname.lastname@example.org
Title: Part III - Trial and Error
Two people fighting, woman screams "get away from me." Man strangles her
with hand around throat and she dies.
Focus on tombstone "Donna Braun" Man staring at it
Bobby: (walks up with rabbi) You're the guy's Rabbi
Rabbi (Danny): Yeah but he asked to see his lawyer
Bobby looks at him
Danny: Bobby be quiet
Bobby (to the man): Dr. Braun
Braun: Thank you for coming. This is her tombstone. See I wanted you to uh
wrongful death is such a legal term. Cause of action. This is more than a
cause of action for me.
Bobby: I have never thought otherwise
Braun: has there been any progress
Bobby: We're waiting until the criminal trial is over
Braun: What if he's not convicted?
Bobby: Well that doesn't affect our civil claim. There's a different
standard of proof.
Braun walks away
Bobby: Danny what's going on?
Danny: Trial is no going well
Bobby: I thought the guy confessed
Danny: Only to his priest and now theyíve got all these psychiatric
experts saying that he was temporarily insane. I think its working.
STREET Ė Eugene walks up to policeman with woman (prostitute)
Eugene: Have you read him his rights?
Police Officer: Yeah twice
Eugene: hi (to prostitute)
Officer: right inside, inside, lets go (to prostitute)
Eugene walks into room Ė man wrapped in a sheet and handcuffed to a person
of short stature (to be PC)
Eugene: Mr. Holsten?
Holsten: It was entrapment
Eugene: Did the police handcuff you to him, was this some kind of little
Holsten: No! She did. I donít know who this person is!
Eugene: is that true sir? (to dwarf)
Dwarf: I aint saying nothing until my attorney gets here
Holsten: It was entrapment. Man cant walk down the street these days
without getting handcuffed to a dwarf
Bobby and DA (who is played by Jane Kaczmarek Ė mother on Malcolm in the
middle and Brad Whitford's (Josh from West wing) wife) walk down
Bobby: How can it be working?
DA: You're a defense lawyer, you tell me
Bobby: He strangled her for a full 7 minutes Pam, how is that temporary
DA: Bobby you got the civil claim, leave the criminal prosecution to me,
Mrs Braun walks up
DA: Mrs. Braun, hello
Mrs Braun: Hello. Hi Bobby
Bobby: Hi Roberta I just saw your husband at the cemetery
Mrs Braun: Oh yeah, his home away from home
Bobby: How you doing?
Mrs Braun: I'll be happy when tomorrow's testimony is over with. Miss Boyd
tells me the defense attorney will probably be aggressive
Bobby and Pam share glance
Mrs Braun: Do you know the lawyer? Leonard Good?
Bobby: Oh yeah.
Mrs. Braun: She was frightened by him
DA: Frightened. How so ma'am?
Mrs. Braun: He said to her you will not leave me, in a tone-
Defense lawyer (DL): Objection, hearsay. What she says can not be used as
evidence of what was told to somebody else!
DA: (same time) Excited utterances, doesnít go to the truth of the words,
only what she heard
Judge: the objection is overruled!
DA: Continue Mrs Braun
Mrs. Braun: My daughter was afraid when she broke up with him that he
might try to kill her.
DL: You didnít really think that Donna was in any physical danger from my
client did you?
Mrs. Braun: I know she thought she was
DL: Yes but if you thought she was in any physical danger, why didnít you
call the police
Mrs. Braun: And tell them what? My daughter has a crazy boyfriend, what
could they really do?
DL: Well did you see what they could do? Did you call them up and ask?
Mrs. Braun: No
DL: You'd think a concerned mother would bother; you seem a concerned
mother. But isnít it true that you werenít concerned?
Mrs. Braun: That is not true
DL: Then why didnít you notify the police?
Mrs. Braun: My daughter was a grown woman and I respected her wished that
I stayed out of it
DL: Mrs Braun you're up here basically to undercut the idea that Ronald
Martin was temporarily insane, because as the victims mother, you want to
see him punished, don't you?
DL: Lets be honest, you want him punished donít you?
Mrs. Braun: He's a murderer and he should be punished!
DL: And you're up here doing your part arenít you?
DL: Okay well let me just see if I can get this clear, you were afraid
that Mr Martin might kill your daughter but you stayed silent on the whole
matter out of respect for her privacy.
Holsten: I thought she was attracted to me
Eugene: I saw what she was wearing you had to know she was a prostitute
Holsten: Hey I didnít agree to pay her. And the dwarf came out of nowhere
Eugene: Look I can argue that, but as you're a repeated sex offender I
wouldn't pretend to be optimistic
Holsten: I want my day in court
Eugene: Mr. Holsten I thought we had an understanding. You were going to
try to get some help
Holsten: I will! But first I want my day in court!
Pearson: Its called discovery council
Bobby: Its called abuse of process this is the third deposition
Judge: he is the plaintiff. Are you suggesting the defendant not be able
to depose the person suing him?
Bobby: Of course they can. But there's a difference between deposing a
Judge: Your motion is denied. Mr Pearson you may resume the deposition.
(to Bobby) You'll pay the court costs for this hearing and I'm fining you
$500 to boot
Judge: My docket is clogged with 2 zillion cases because lawyers like you
come in here wanting to argue everything! And what else!?
Bobby: I'd also be seeking to continue oral arguments on summary judgement
Judge: No, no, no, no, no, no. Delay delay delay delay
Bobby: He filed a two hundred and twenty three page memorandum
Judge: Then why are you here when you could be reading it? Two hundred
dollar fine for that!
Bobby: You cant fine me for asking for a continuance
Judge: I just did! 50 bucks for saying I can't! (glares at Bobby) Don't
you look at me like that! (turns to Pearson) Mr Pearson as an officer of
this court I apologise for that,
Pearson: Thank you your honor
Bobby: he actually apologised to him
Bobby: He was sucking up to him. The judge was in awe of Pearson He
probably wants a job after he's thrown off the bench. He was kissing the
Pearson: Excuse me! (Bobby groans) Is this a bad time? I was wondering
whether we could push tomorrow's deposition from 2:30 to 2:45. I've got a
luncheon seminar that could run over
Bobby: 2:45 will be (long pause) fine (walks away)
Elevator opens and Pearson gets in. Lindsay stays outside.
Pearson: This is beneath you
Rebecca: He's due back any second. Are you sure you donít want coffee
Emerson Ray: I think I'm gonna just leave
Eugene (on phone): Uh no no no Mr Ray, they'll be back
Bobby walks in
Eugene: D'ya see?
Danny, Jimmy and Ray talk at once
Bobby: hold it hold it hold it. One at a time
They all talk at once again
Jimmy: My problem is your problem, I should get to go first
They go into Bobby's office
Bobby: What's the problem?
Jimmy: People at the bank are asking questions about the loan we extended
Bobby: What people
Jimmy: Superiors. Worst kind. They want to know why paper work isn't done
yet. This I can handle. But they're also asking about this office
expansion, which we said that the loan was for, which it aint since you
got no place to expand since the place next to you is taken
Bobby: Your foreheads sweating Jimmy. I donít like it when your forehead
Jimmy: A guy named Jonathon Kramer called here yesterday. Said he got
mixed signals. Said he's gonna be asking you some things
Bobby: What things?
Jimmy: Things like did you represent to me that your office was expanding
did you show me blueprints and stuff. Those kinds of questions
Bobby: If I answer yes to those questions Jimmy, the next arraignment I go
to will be my own
Jimmy: This is probably what accounts for the sweat you see on my
forehead. See if you didnít make those representations...unemployment in
the commonwealth goes up a blip. This is why I'm thinking we got a problem
Ellenor walks in: Got one!
Ellenor: Podiatrist, fortyish, loves movies and Maine, spoke to him on the
phone for an hour last night
Rebecca: You gonna go out?
Ellenor: I'm going to keep it audio for a while
Ellenor: Oh excuse me. (picks up phone) Hi Danny?Ö.Ellenor Frutt
Bobby calls out from his office: Rebecca in my office please
Rebecca: What's with the tone
Bobby: In my office!
Rebecca walks in: What?
Bobby: Somebody from Boston Fidelity called enquiring about our office
Rebecca: Yeah yesterday
Bobby: And you informed them that this office was not expanding
Rebecca: Well we're not are we?
Bobby: It is not your place to disseminate any information with respect to
this law practice. You take messages you donít give them, you got that?
You got that Rebecca?
Rebecca: I got it
Bobby: How much if this bank loan do we have left?
Rebecca: Is that all?
Bobby: Yeah thatís all
She walks out
Jimmy: Ok there's a grenade I gotta go fall on
Bobby: What are you going to say?
Jimmy: The truth. Buddy comes in strapped, I invented a way to get him
Bobby: What about falsifying loan documents Jimmy
Jimmy: Nothings signed yet
Bobby: That doesnít necessarily matter
Jimmy: Theyíll just fire me, they wont be pressing charges
Priest: He came into the confessional, he was obviously in a state of
Pam (DA): Objection
Judge: I'll allow it
Bobby walks into back of courtroom
Defense Lawyer (DL): What did Mr. martin say father
Priest: He said he couldnít be sure but he thought he had just strangled
DL: I seeÖhe wasnít sure?
Priest: He said he could see the image of it. He couldnít remember it as
if it was something that had actually happened, but he felt that it did
DL: And how did you respond to that, Father
Priest: Told him to go to the police said he had to, and he agreed
DL: And did he say anything else?
Priest: Yes he begged me for forgiveness...for absolution
DL: And did you grant it to him
Priest: Yes I did
Dr Braun gets up
Judge: Sit down Dr Braun! Dr Braun please be seated!
Mrs. Braun (takes his arm): Gerald
Judge: Sit down, sir, or I'll remove you from this room
Eugene: If we go to trial, weíre going this afternoon
Ellenor: just like that?
Eugene: well there's mutiny (?).Judge allowed us a six man jury, there's
no discovery. Might as well try it today before his zip slips past and he
extends his criminal record (that was so mumbled, I could hardly
understand it, its most likely wrong)
Ellenor: and the defense is he was with the prostitute because...?
Eugene: He loved her
Ellenor: Oh yeah right...mm hmmm
Eugene: Any suggestions?
Ellenor: United States of America
Eugene: You think?
Ellenor: What else have you got?
Eugene (nods): Yeah...United States of America
Pam: You think I should go hard?
Bobby: I donít know. Tough to look sympathetic cross examining a priest!
Pam: Yeah well that priest was pretty effective. You heard him
Bobby: Listen Pam, if you go at him, don't go half way. You got to get
him! (points his finger at her)
Pam: (sighs) Yep
Pam: So, Father, as I understand it, this man commits a murder then he
proceeds to your confessional where you proceed to offer him absolution.
Is that correct?
Priest: (Scoffs) It's not quite that simple
Pam: Thatís the way it seems. It also seems strange that you come to this
court everyday and sit behind him in apparent support
Priest: Well I suppose its easy to love a Mother Theresa, but I believe
God teaches us to love all people
Pam: Yes thatís sweet
Defense: Objection, she's mocking the witness Your Honor
Pam: Mocking him? He comes to a murder trial and compares the killer to
mother Theresa! Why would I mock that?
Defense: Come on! Move to strike!
Judge: Lets get on with it
Pam: Exactly how long did it take you to forgive Ronald Martin for
strangling Donna Braun? More than a minute?
Bobby in back of courtroom smiles
Pam: this man is basically here as a character witness
DL: He's testifying as to fact not character
Pam: May I finish?
Judge: Both of you kindly step up to the bench
They walk up
Judge: Once a month or so I go into a depression. I think it's probably
because I come to a place of work everyday populated by rapists,
murderers, child molesters. Thatís not the reason. Its because of the
daily sewerage I have to swab listening to what comes out of the mouths of
the malignant, cancerous, infected little cysts we call lawyers. You (to
defense lawyer) don't make me state my opinion of what you are, it would
be grounds for mistrial. And you (to DA) stop sinking to his level. We're
going to take a break, so you little children can reflect, okay? Now step
back. (to the court) 20 minute recess. I see attorney Bobby Donnell is in
the back of the room. I'll see you in chambers please.
Judge: Bobby I assume you know what we think of attorneys who promote
criminal murder trials to advance their civil wrongful death claims
Bobby: I'm not doing that. There's nothing wrong with me monitoring the
criminal trial. In fact-
Judge: I've been told you've got investigators out looking for some of the
Bobby: One. Who he supposedly beat up. Look it would be malpractice if I
didnít try to find her
Judge: Well you'd better be careful on any search and seizure. Because I
might just find your conduct to be state action.
Bobby: I'm not working with the DA
Judge: It doesnít look good
Bobby: Well I donít care how it looks. And for your information this is
not just about money. If that guy gets acquitted here, I'll be using the
civil trial to nail him. Mostly so Donna Braun's parents can get some
peace that at least one jury found him to be a murderer
Judge: What you do in your civil case isn't my concern. But keep your nose
out of the criminal prosecution. Thatís my only warning.
Deposition at high rise building in enormous conference room. Lindsay and
mr. Ray on one side, with about 3 lawyers on other side with stenographer.
Pearson: Your wife's doctor told her cigarettes were hazardous?
Mr. Ray: Yes
Pearson: Did he tell her they could cause cancer and vascular disease?
Lindsay: Objection. You can answer.
Mr. Ray: Yes
Pearson: Mmm hmmm. Did you tell her cigarette smoking could kill her?
Mr. Ray: Many times
Pearson: In fact you begged he to quit didnít you? And she did
Mr. Ray: Many times.
Pearson: But she'd start up again
Mr. Ray: She was addicted.
Pearson: Ah, let the record reflect Attorney Donnell has just entered
Bobby: Why has this proceeding started without me?
Pearson: We didnít want to make your client wait. And uh Ms. Dole offered
Bobby: She should have. For the record, bad form Pearson
Pearson: Consider me chagrined.
Bobby gives him a dirty look.
Pearson: Would you like to sit?
Bobby: You're letting him push you around
Lindsay: I'm not!
Bobby: There was no excuse for allowing that deposition to begin without
Lindsay: I didnít know how late you were going to be
Bobby: Then you postpone it
Lindsay: What with the stenographer and everybody there?
Bobby: What Lindsay, you don't want to inconvenience your mentor?
Lindsay: It wasnít that
Bobby: It was that. I see you, you're looking for his approval. You've got
this brilliant legal mind, but if you don't turn into a fighter you are
going to be a doormat in this town.
Bobby: Now this summary judgement hearing, are you up to going against
Pearson or not?
Lindsay: I'm up to it...I am!
Bobby: I know you are. I just wanna be sure that you know it.
Holsten: I was walking down the street minding my own business and I saw
Eugene: Her being?
Eugene: And what happened next sir?
Holsten: Well our eyes locked briefly and I came to the conclusion that
the attraction was...uh...mutual.
Eugene: And what happened next sir?
Holsten: I exposed myself
Judge William McGough: You exposed yourself sir?
Holsten: That is as close as I usually get to a beautiful woman Your
Honor. I'm not a handsome man in the bright sunlight.
Eugene: And what happened next, Mr. Holsten
Holsten: She took my hand and led me upstairs to her apartment.
Judge: A strange woman grabbed you by the hand and led you to her place?
Holsten: Yes your honor
Judge: What were you thinking?
Holsten: Only that I should follow
Eugene: And you did not know that she was a prostitute?
Holsten: No. Next thing I know, police are charging in, and I'm chained to
a dwarf smoking a Camel.
Eugene (to DA): Your witness
DA: This woman stated that before she grabbed your hand she said to you,
300, at which point you nodded
Holsten: I thought she was guessing my weight
A big office, Jimmy and his boss standing
Jimmy: He never said anything about office expansion. That was my mistake.
Boss: And how do you make such a mistake Jimmy?
Jimmy: Because office expansion was something he'd approached me about
before. I...I...even got the plans. I mistakenly assumed this loan was
Boss: So you expedited a 70 thousand dollar loan without even asking the
question what it was for. You just assumed and wrote the check
Jimmy: You want it off the record John?
Boss: Nothing's off the record
Jimmy: Bobby's one of my best friends. He's having a bad month, I helped
him. I made the loan under office expansion because I couldnít figure any
other way without you asking questions
Boss: And your friend played along?
Jimmy: He just took the loan. He didnít know how I was swinging it.
Boss: You're a sweet man, Jimmy. Stupid, but sweet
Jimmy: So...how's it gonna be?
Boss: Pack up your office, you're fired. If you and Mr. Donnell return the
70 thousand within 30 days, that will be the end of it. If you don't, I
refer the matter to the District Attorney.
John Kramer walks away
Doctor: Mr martin had entered into what we call a dissociative state
Defense lawyer (DL): I see. And could you describe to the jury what that
Doctor: Essentially itís a psychological splitting mechanism, causing
segregation of normal integrated patterns of perception.
DL: Uh doctor, I'm sure you feel youíve just explained it, but...
Doctor: (chuckles) Basically when the victim broke off the relationship,
Mr. Martin snapped. He lost conscious control and was pretty much on
automatic pilot when he strangled her.
DL: He didnít know what he was doing?
Doctor: In my opinion he did not
focus on defense lawyer talking to reporters.
Dr. Braun: Look at him strut.
Pan across to Bobby, Danny (the Rabbi) and Dr. Braun outside elevator
Dr. Braun: The joy of doing your job well.
Danny: Get on the elevator Gerald
Dr. Braun: No, no, no, I want to watch
Danny: Roberta waiting for you at home. Get on.
Elevator closes, DL walks up
DL: Dr. Braun I am both mindful of your presence in the courtroom every
day and of your loss. I hope you realise that what I do in there shouldn't
be interpreted as a failure on my part to feel your tragedy.
Dr. Braun: Why don't you die
DL: (nods and looks at Bobby) I'm sure your attorney can convey my
conflict. He has certainly been in my position many, many times
Dr. Braun: Then he can die too
Bobby gives DL a dirty look. Elevator opens and Braun and Danny get in.
Donnell and associates. Office. Bobby walks in
Bobby: Bec will you call Warren Hillebrauner and tell him that we want our
motion to compel
Rebecca: Sorry I donít disseminate information
Bobby stops on his way to his office and walks back
Bobby: You got something to say to me
Rebecca: You want me to say it here
Bobby: In my office
Rebecca: I donít know what's going on with this bank loan. I'd like to say
I donít care, but I do care, because this place of business is where I
come to work everyday. And if you expect me to be a part of your schemes
or lies or whatever it is you're pulling, then youíve never bothered to
know who I am. I will never be a participant in that kind of crap. That's
one. Here's two. If you ever speak to me with that kind of disrespect,
whether it be in front of somebody else or just between us, I walk out
Bobby: I apologise. I was...I was out of line
Rebecca: You got that right. Bobby, you want to keep this place in
operation, that's fine. But you gotta think real hard about exactly what
it is you're trying to keep going
Bec walks out and closes door
Bobby is swivelling something on a plate with a fork.
Bobby: It's brought up by the defense in almost every civil action. It's
their shot at getting the case kicked on legal grounds. They almost never
Mr. Ray: But you're talking like you're worried.
Bobby: Well, if we should lose, the case is over. And as this judge seems
to be a little biased (gives funny look at Lindsay, who is sitting on the
couch), I won't lie. We're a little worried.
Mr. Ray: If we lose, we're done. What do we get out of it if we win?
Bobby laughs (he looks cute hehehe): Hopefully they'll start taking us
Mr. Ray: Right now they're not
Bobby shakes his head, looks kinda sad: Not as much as we'd like them to
Mr. Ray sighs
Bobby (gives him a friendly slap on the knee): Go, get some rest.
Mr. Ray: Goodnight (shakes their hands).
As soon as he leaves, Lindsay gets off the couch.
Lindsay: Bobby, this judge, it may not be Pearson he's kissing up to, but
somebody in his firm
Lindsay: Sidney Sharples, she was a year ahead of me in school, she works
at Finley. Before that she clerked for Small and supposedly something
happened between them.
Bobby: You're just telling me this now?
Lindsay: I just heard myself! Chris Kelton, a DA, also in my class, he
Bobby: Can we prove it?
Lindsay: I donít know, but even if we could, there's nothing to suggest
itís a factor. This was more than two years ago. I don't think Pearson
even knows about it.
Bobby: Still if we can get that judge off this case!
Lindsay: What are you thinking?
Bobby: I'm thinking that if that judge slept with a woman at Pearsons
firm, then that is a card! And it is not beneath to play it!
Lindsay's eyes go big
Courtroom, Prostitute on the stand
Prostitute: I thought he was cute
Eugene: Mr Holsten?
Eugene: And when you invited him to your apartment it was because...?
Prostitute: On this particular occasion it was because I found him both
attractive and nice
DA: And when you quoted him 300
Prostitute: It was before I decided I really liked him for free
DA: And the dwarf?
Prostitute: Just a friend
DA: And of course, since you yourself were charged, you would have an
interest in denying this was sex for a fee, wouldnít you?
Prostitute: Hey, I took an oath to tell the truth here
DA: When this man exposed himself to you on the street, what exactly did
that say about him to you?
Prostitute: Just that if I invited him to my room, he'd probably come
Judge looks at her, shocked.
Courtroom Ė closing arguments in Donna Braun murder trial
DL: The idea of setting Ronald Martin free, has to seem horrific. He took
the life of an innocent woman. How can we excuse him? How can we feel
sorry for him? Well we can. We can and you must, because the law tells you
to. We've heard from seven trained medical professionals. We've heard them
testify that Ronald Martin was ill when he committed this act, that he was
temporarily insane. And if he didnít understand the nature and the quality
of this act, then legally he's not guilty. That's the law. Now, you may
not like it, that's okay, but you have an obligation to uphold the law
here. And as you do, as you go back to that room to deliberate, remember
that our system of juror's prudence, more than anything else, is designed
to protect the weak. And you can hate him, you can hate him, that's a
human thing to, but sometimes the function of the jury is to defend
against human nature, against lynch mob mentality. Because the law, the
law is here to defend the most vulnerable members of our society who have
nowhere else to be safeguarded right here.
Cut to small waiting room, Mr and Mrs. Braun, DA and Bobby enter.
Dr. Braun: Yeah lets all cry for Ronald Martin. We need to feel sorry for
these poor misunderstood murderers!
Pam (DA): Dr. Braun!
Dr Braun: What, he gets to sit in that room as the victim! They're looking
at him as the casualty
Pam: I will get my turn!
Dr. Braun: My daughter's a piece of evidence now. The Body. This is sick.
Dr. Braun: She's not even a person anymore. She's Exhibit A! (to DA) You
don't even care.
Pam: I'm deeply sympathetic to what you're going through. I know this is
an emotional time, but don't you dare accuse me of not caring. I give my
closing tomorrow, I promise you, I'm ready.
Mrs. Braun looks as though she's going to say something but Pam walks out.
Bar. Bobby and Jimmy in a booth.
Bobby: So what are you gonna do?
Jimmy: I'll find something. You know me, I always land on my feet.
Bobby: Jimmy. What are you gonna do?
Jimmy: I don't know
Bobby: You'll come work with us
Bobby: Our tobacco case is heating up and we need all the hands we can get
Jimmy: You cant even afford to pay you, how are you going to pay me?
Bobby: I'll work it out.
Jimmy: You need therapy, you know that?
Bobby: Look just say yes or no
Jimmy: You keep digging yourself deeper. You say you'll work it out. This
is gonna be on your tombstone. 'He tried to work it out'
Bobby: Right now, we're looking at your tombstone. If you hadn't come to
help me, at least you'd have an office to come to. You can pick up some
court appointments, hustle up some contingencies
Jimmy: And what about the others, how are they gonna feel? Not collecting
regular paychecks then in comes me. How they going to feel about that?
Bobby: Look, youíre where you are coz you helped me. It's time for me to
Courtroom Ė Closing's on Holsten's case
Eugene: I could stand here and talk about how there's no evidence of money
changing hands. No evidence of culpable intent with respect to my client.
Was he foolish to think that a prostitute would sleep with him? Of course
he was. This isn't a stable man, I don't need to convince you of that,
he's a flasher. They (points to DA) didnít make the elements here. I could
sit down right now and you'd have to come back not guilty. But I'm going
to stay up here a little longer because I want to talk to you about
something else. Something called the United States of America. Big brother
police saw Mr. Holsten walk away with Sheila. Mr. Holsten. Gee. Look at
him. Overweight. He would just have to pay for sex wouldnít he? What woman
would want to be with him? It must be prostitution. Lets follow them and
then we'll bust the door down, we can do that and get away with it. You
know why? Because we don't like the way they look. And when they walked
into that room and saw my client handcuffed to a dwarf, well it just had
to be something kinky. But you know what? I believe you need evidence.
Times are changing. We are in fact becoming a more tolerant nation. We are
in fact becoming a land where people do not prejudge on looks alone.
You're three and a half feet tall, you're still worth the presumption of
dignity. If you have a sickness, a record of exposing yourself, we will
not automatically conclude that everything you do is illegal. This, this,
is the United States of America. And this is the land where people go back
into that jury box and say prove it. Prove the crime. Donít you dare put a
person's deviances on display and expect us to rush to the automatic
conclusion that the crime was committed. You prove it! They didnít! Oh
they put on a great sideshow but no proof! This isn't an arena of
innuendo, ladies and gentlemen. This isn't a forum of foregone
conclusions! This is a courtroom in the United States of America. And in
this room, even when the defendants are the disenfranchised, you still got
to prove the elements of the crime. (He walks away as though finished but
pauses and points to the DA) They didn't.
Judge: Uh Mr. Frasier?
DA (Frasier) from his chair: A known prostitute quotes a convicted flasher
a price of 300 dollars. They are found minutes later naked in her bed. (he
stands up) Without passing comment on the dwarf, I would just like to say,
ask not what your country can do for you, ask what you can do for your
country. And then, maybe we can all build a bridge to the 21st century.
Everyone looks confused, Eugene rolls his eyes.
Judge Small: Are you threatening me!?
Bobby: I'm simply saying, given this liaison between you and an associate
at Finley Hoe-
Judge: Who the hell do you think you are? This is blatant extortion
Bobby: If you wanted it to be blatant, I'd do it in open court. Would you
prefer that? Got a wife, Judge? Kids? Why don't you fine me fifty bucks
for saying that!
Judge: Is this the way you practice law?
Bobby: If I have to
Judge: I think you better rethink how you operate council.
Bobby: Look, I donít know whether this relationship makes you biased or
not, I'll give you the benefit of the doubt and say it doesnít, but there
is definitely some favourable treatment going Pearson's way. Intentional
or not I donít know, I donít care, I don't like it! And I don't like you.
Judge: Nobody but nobody comes into this room and strongarms me!
Bobby: Fine. Let's just say that you came to this decision on your own.
Emerson Ray got screwed once by the tobacco industry, I won't let him get
screwed by you! So get off this case!
They stare each other down
Bobby in his office smiling to himself. (maybe I cut off the beginning of
that scene, if someone wants to enlighten me, feel free)
Cut to courthouse Ė hallway outside elevators
Holsten: Hung jury. That's fate. For me to get a jury that's hung. Donít
Eugene: Look the DA says he's prepared to re-try it. If that happens after
Sheila's case and if she's convicted, he'll have a better hand. He might
even get her sentence reduced to get her to testify against you.
Holsten: So you'll cross examine her. Prior inconsistent statements.
Eugene: Lets plead guilty. A months suspended sentence, it doesn't mean
anything, you've already got a record.
Holsten: I don't want to go to any sex clinic. If thatís part of the deal-
Eugene: Mr. Holsten, lets sit here for a second
They sit down on a bench
Eugene: Look at me. (Holsten turns to face him) So far you aint made it in
life. Me, seven years of lawyering and I'm still representing guys who
walk around dropping their pants; that tells me I've got some moving up to
do too. I like to look for victories where I can find them. This case
here, my little victory would be getting a sick guy to go for some help.
If I could help a man face a problem, an illness, that would be something.
So I'm asking you, if you donít want to do anything for yourself, then do
it for me
Holsten: How long?
Eugene: Two months. In patient. Please
Courtroom Ė Pam's closing on Braun's case
Pam: For the last six weeks, we've heard doctor after doctor talk about
Ronald Martin. How he was temporarily insane, how he wasn't responsible,
he's this, he's that. He's here. Nobody talks about Donna Braun. She's no
longer part of our reality is she? She doesnít get to sit here, day after
day, looking human. She's past tense. And every day she becomes a little
more gone, a little more forgotten, until one day, she doesnít exist, at
all. And all you take back into that jury room is him. Ronald Martin (she
turns to walk towards him) That man, right there. With the sad face, the
man with a priest sitting behind him, the man that all the psychiatric
experts said such nice things about. But also the man who strangled Donna
Braun for seven minutes. This was not a snap flash of anger. He choked her
for seven minutes. He kept squeezing and squeezing until her eyes bulged
out of her sockets and until there was no life left in her. And thatís how
he left her as he drove off to the church to beg for forgiveness. (she
sighs) Now Mr. Good implores you to protect the American justice system.
What is that system? Where rich people buy acquittals? Where if you have
enough money you're entitled to one free murder? Well we need to know
that's not our system. They need to know it. They lost their daughter,
their only daughter. They need to hear you say that is not our system of
justice. We all need to hear that.
Nice courtroom Ė Summary judgement for Mr. Ray's case.
Judge: Mr. Pearson, I'll hear from you
Pearson stands up
Pearson: thank you, your honor. I am Anderson Pearson representing the
respondent, TL Michaels. And pursuant to rule 56 of the Massachusetts
Rules of Civil Procedure (cut to Bobby whispering to Lindsay) we submit
the plaintiff's claim-
Lindsay (stands up): I'm sorry Your Honor. Forgive me. I'm a little
confused. According to your clerk's notice, we were to hear...what is
it...uh any and all discovery or pretrial matters before oral arguments on
Pearson: There are no other matters
Lindsay: Well actually there is one other nagging little matter
She stares at the judge, Pearson looks confused, Bobby smiles smugly.
Lindsay sits down.
Judge: I've decided to dispense with oral arguments, Mr. Pearson. I find
there to be items dispute the material fact in this case. The defendant's
motion for summary judgement is hereby denied; ruling in favor of the
plaintiff. Moreover I recuse myself from this case. Another judge will be
Disbelief by all.
Mr. Ray: So what happens now?
Bobby: What happens now is we get our day in court, with a jury. We are in
the fight, we are in the fight.
Elevator opens, they get in.
Pearson walks up: Quite pleased are we? What was that Lindsay?
Lindsay: The beginning professor.
Pearson: Do you know what you're in for?
Lindsay: I think so. Do you?
Elevator doors close.
Jimmy walks in with box of things. Ellenor, Eugene and Rebecca all stare
Eugene: hey Jimmy. Eugene Young. Don't know if we've officially met, but
welcome. (takes box of him)
Eugene: Let me take that
Ellenor: We're very excited
Rebecca: You need anything supply wise, let me know, I've already got the
phoneline set up
Jimmy: Oh great I donít need anything, a pad of paper and somebody to sue
(they laugh). Listen thanks for this, I know it couldn't have been good
news bringing in another body, especially mine, but uh this is going to be
a big year for me, I promise, I'm gonna win a case.
Ellenor: We have no doubt'
Courtroom Ė empty, people filing out. Bobby is talking to Pam, Lindsay
standing in background.
Pam (packing her briefcase): The judge will instruct on Monday, then its
up to the jury Any progress finding the old girlfriend
Pam: We're running out of time
Braun's walk up
Mrs. Braun: Ms. Lloyd, thank you for your words.
Pam: I hope the jury listened
Mrs. Braun: So do we.
Pam: It's almost over
Dr Braun walks away
Mrs. Braun: Yes. Part of me is glad for that. Another part...I wonder what
we're going to do when it is over
She walks away
Pam to Bobby: I'll see ya
He stands up and turns to Lindsay
Bobby: Lindsay. Um...the tobacco case. I want you to try it. I think
you're more prepared on it than me
Lindsay: Bobby, I've never even done a jury trial before. Are you sure?
Bobby: Youíve done all the discovery, I think you're ready Do you think
you can do it?
Bobby: Tell me if you cant, you donít have to be a hero here
Lindsay smiles: I can do it
Bobby: Ok. Lets go.
He walks out. Lindsay stays and stares around courtroom before following