PART V - Transcript done by Cali

105. Part V

United States, Original Airdate, April 1, 1997
Written by: David E. Kelley
Directed by: Michael Schultz

-------------------- Disclaimer --------------------

We do not own the characters in this story, nor do we 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 is a cut and dry transcript of "Part V."


Itís a courtroom and Bobby is standing next to the defence table where the Rabbi Danny sits. He is arguing something to the judge.

Bobby: This man was arrested for exercising his right to free speech.

Judge: All speech isnít protected council, especially the kind that facilitates murder.

Bobby: He gave an opinion. A congregate came to him seeking spiritual counselling and he gave his learned opinion.

Judge: Your motion is denied. (Bobby looks peeved) Rabbi Warner will stand trial for accessory to a homicide to commence immediately following the Gerald Braun murder trial. Busy month for you.

Shot to outside the courtroom where Bobby, Jimmy and the Rabbi are leaving through a throng of reporters.

Reporter: Rabbi Warner can I get you to comment?

Bobby: No comment.

Reporter: People have dubbed you the killer rabbi ≠ would you have any reaction?

Bobby: No comment.

They reach the elevator and Bobby and the Rabbi go in but Jimmy holds the doors open facing the reporters.

Jimmy: Iíd like to respond to that, I think this killer Rabbi crap is disgusting. If he was black youíd say the killer, if he was white youíd say the accused but give him a yamakah and you all gotta push the ethnic buttons. Itís shameful.

Bobby: Jimmy!

Jimmy: No further comments.

The elevator closes and we cut to the credits.

Scene ≠ Jail interviewing room (you know the one with the glass panels and the phones you talk into) Eugene walks in lead by a guard and sits down opposite a black guy with dreds.

Eugene: Ok Steven, trial is set for tomorrow, should be quick. Theyíre putting up the victim and the arresting cop, thatís it. Figure one or two days unless you think of anyone who could testify for you. Questions?

Prisoner: Just one, who are you?

Eugene: Arenít you Steven Finald?

The prisoner hangs up the phone and Eugene moves onto the next booth where another black guy is sitting.

Eugene: Ok Steven?

The guy nods.

Eugene: Trial set for tomorrow, should be fast. There putting up the victim and the officer. I figure one to two days. Questions?

Cuts to scene of a lady walking through the courthouse and Eugene runs up after her.

Eugene: Make me an offer.

DA (her name we later find is Renee): (smiles) Youíre married.

Eugene: The Steven Finald case. Youíve got one witness Renee, it was night, Iíd get reasonable doubt, just think about it.

Renee: Uh huh and your Steven Finald has three priors, the parking lot was well lit and I have eyewitness testimony.

Eugene: Iíll play the race card.

Renee: (Laughs) Thatís why they put me on this case ≠ to take away your race card.

Eugene: Three years, two suspended, we plead guilty.

Renee: So he serves just one?

Eugene: If you lose he walks.

Renee: Look Iíll tell you what. Now I shouldnít do this, I could lose my job but ah - a hundred bucks.

Eugene: Sorry?

Renee: A hundred bucks says you lose.

Eugene: You want to bet on it?

Renee: Now you took this court appointed right.

Eugene: Uh huh.

Renee: That means your fee tops at 700?

Eugene: Mmmm

Renee: Now Iím giving you a chance to make eight. Of course if you donít really think that you can win this case I understandÖ

Eugene: Uh uh uh, Iím in. With a ride ≠ itís double if the jury takes less than an hour to deliberate.

Renee: You got it.

Cut to a scene of the office (then Donnell and Associates) Rebecca is talking to Ellenor over a stack of files. The office was pretty shabby then. Bobby is in the background.

Rebecca: I donít understand - youíre meeting him for both lunch and dinner?

Ellenor: The lunch is to get the meeting part over. The date is in the evening assumingÖyou know. (Rebecca nods)

Rebecca: Are you all right (ellenor looks nervous)

Ellenor: Not really, to tell you the truth I would have just preferred to keep the phone relationship going for another month or you know, a year. Becca, will you help me with my makeup?

Rebecca: Of course (reassuringly patting her hand)

Ellenor: Thanks.

Cut to Bobbyís office where Dr and Mrs Braun are sitting on his couch.

Bobby: Theyíll drop to murder two but no go on manslaughter.

Dr Braun: Which means what?

Bobby: Trial.

The Brauns look anxious

Bobby: No point in copping to second degree. My advice ≠ temporary insanity ≠ I think the jury will jump at it.

Dr Braun: Temporary Insanity, The Ronald Martin defence. (Ronald Martin was his daughters murderer)

Bobby: Your daughter was murdered, the pressure of a trial topped off with an acquittal ≠ you snapped.

Dr Braun: No.

Bobby: Excuse me?

Dr Braun: No, I will not use the Ronald Martin defence, I knew what I was doing I wonít pretend otherwise.

Mrs Braun: Gerald!

Dr Braun: No!

Bobby: Dr Braun, you have no other choice!

Dr. Braun: Look at you. You are advising me to lie and you sit there polaxed at my hesitation. Is dishonesty so organic to this system that youíre actually thrown by a client who opts for the truth?

Bobby: Letís fix the system next week, for now you have temporary insanity defence or an extended prison term. If I seem thrown maybe Iím surprised that a person who shot somebody in the head can be such a stickler for principal!

Mrs Braun: Thatís not fair, How dare you?

Bobby: Mrs Braun it is not my function as a lawyer to coddle either one of you. This is a murder trial, itíll get rough. If you want comfort go to your Rabbi, although I suspect that thatís partly what got you into this trouble to begin with.

Scene of the conference room where Ellenor, Lindsay and Jimmy are packing up and walking out.

Jimmy: We should go with the Rabbi on this one.

Ellenor: What does that mean?

Jimmy: Well stand right up in court and say what Daniel said on the TV show was right. Itís more right for Ronald Martin to be dead than free.

Lindsay: We canít do that.

Jimmy: Course we can, just wink to the jury and say he did it let him go anywayÖ.thereís a name for itÖ..

Lindsay: Yeah, itís jury nullification and ethically a lawyer canít argue it.

Jimmy: We have a client who shot a guy in the head and weíre gonna get caught up on ethics? Put it right to that jury - Ronald Martin got what was coming to him, what if it was your daughter - who wouldnít pull that trigger? Itís America, boom, not guilty.

Eugene walks in and hangs up his coat.

Eugene: Cancel whatever Iíve got on tomorrow Bec, Iím going to trial.

Rebecca: On Finald.

Eugene: DA wonít deal, sheíll bet though, Iíve got a hundred bucks saying Iíll win.

He goes over and smells the flowers on Ellenorís desk.

Eugene: Podiatrist?

Ellenor playfully swats him and he laughs.

Lindsay: Excuse me, you made a bet on Finald the armed robber?

Eugene: The very one.

Lindsay: They have an eyewitness.

Eugene: You ever seen me cross examine an eyewitness

Lindsay? Tell her Bobby.

Bobby: Heís good.

Lindsay: This eyewitness is perfect.

Eugene: When I hear theyíre perfect I smile, you want in on the action hundred bucks.

Bobby: Donít do it.

Lindsay: I handled the arraignment on this case, I read the incident report, he canít win this.

Ellenor: Donít bet him Lindsay.

Lindsay: (pauses and smiles at Eugene) A hundred bucks.

Eugene: Cha ching!

Everyone laughs.

Lindsay: You can not win this case and if you do Iíll be watching. The education will be worth the money I lose.

Bobby: Címon Jimmy.

Lindsay: You can not win this case. You wonít

Eugene is laughing but Rebecca looks kinda disgusted a shakes her head at him.

Cut to a scene of a courtroom where Bobby is standing next to a defence table with Jimmy and Dr. Braun sitting at it.

Bobby: The defence reasserts its plea of not guilty and we would be requesting an immediate trial date.

Judge: Not guilty by reason of insanity?

Bobby: No your honour, straight not guilty.

Judge: You plan to challenge the constitutionality of the confession?

Bobby: No.

Judge: A plea of not guilty is not entered, Iíll see council in chambers.

Cut to the judges chambers where the lawyers are all walking in.

Judge: Well?

Bobby: My client insists on Not Guilty, he refuses to argue insanity.

Judge: Youíre going jury nullification?

Bobby: I donít know what Iím doing yet.

Judge: You donít know what youíre doing and youíre asking for an immediate trial?

Bobby: Right.

Judge: I will hammer that jury with the strongest instruction I have ever crafted ≠ know that.

Bobby: Iíve got a job to do your honour.

Judge: As do I ≠ you better come up with something else ≠ I will not let you argue to the jury that they ignore the law.

Bobby: I will just be asking that they listen your honour, thatís it.

Judge: Right.

Cut to a scene of the office at night, Rebecca is walking through it carrying some files.

Rebecca: (to Eugene) working late.

Eugene: Trial starts first up.

Rebecca: Iím curious Eugene ≠ why didnít you ask for a probable cause hearing?

Eugene: On this?

Rebecca: If nothing else it would have been good discovery.

Eugene: They would have put up the cop and thereís no discovery on him, the whold case rests on the victims eyewitness testimony.

Rebecca: So why didnít you get it kicked on constitutional grounds?

Eugene: You going to law school on the sly Rebecca?

Rebecca: You donít need to be a lawyer to know that thereís something wrong with an ID being made while the suspect is still in handcuffs.

Eugene: The suspect was made three times. Once before and once after the arrest.

Rebecca: Ok guess Iím wrong then.

Eugene: Say what you have to say Rebecca.

Rebecca: Since you ask, This case is court appointed, you get the same pay which isnít saying much no matter how much time you put in. Seems to me you could have brought probable cause, or motions to suppress but youíre happy just to jump through the court appointed required hoops.

Eugene: Done?

Rebecca: Thatís all.

Eugene: First off the guy did it we all know..

Rebecca: Almost all our clients did it

Eugene: I thought you were done?

Rebecca: Well I had no idea you were going to say that.

Eugene: Second a probable cause hearing or a challenge, they would have been so futile whatís..

Rebecca: Yeah but you could have preserved the grounds to appeal.

Eugene: Third how I choose to defend my case is none of your business.

Rebecca: Firm business is my business and if I see malpractice itís my responsibility..

Eugene: Malpractice! Rebecca you know nothing about the actual practice of law and you seem to overlook that fact that I am going to win - winning rarely amounts to malpractice.

Rebecca: Good thing for Mr. Finald you got money on it.

Rebecca leaves the office.

Cut to a scene in Bobbyís office.

Bobby: Let me ask you a question ≠ all that stuff you were saying earlier, who wouldnít pull the trigger, all that stuff, you really believe it?

Jimmy: Yeah.

Bobby: Level with me Jimmy, when you first heard Gerry Braun killed Ronald Martin, howíd you feel in your gut?

Jimmy: Really? I said to myself good for him. I donít support it or nothing but if I had a daughter and somebody killed her Iíd want him dead.

Bobby: You think the jury will think like that

Jimmy: I do.

Bobby: So what we want is some legal angle that allows them to go with how they feel.

Jimmy: You mean some legal angle that allows them to ignore the law.

Bobby: Yeah.

Cut to a scene of the courtroom where Eugene is sitting with his client and Renee is at the prosecutorís table.

Steven: Whatís taking so long?

Eugene: Judgeíll be in any second, the juryíll follow. Let me see your face again. (Steven makes an innocent sort of face) Good. Now sit up straight. Donít scowl no matter what the witness says.

We see Lindsay walking into the courtroom and sitting down in the gallery. She smiles knowingly at Eugene.

Steven: When will I get to testify?

Eugene: Weíll cross that bridge when weíre drowning.

The judge enters and everyone stands. Eugene and Renee exchange a Look.

Cut to a scene of the office and Jimmy walks through a door holding up a book.

Jimmy: I got it, we got a defence, moral justification. Itís a duress theory little used.

Bobby: Moral justification?

Jimmy: Itís not an absolute defence but it can get murder chopped down to manslaughter which in this case is good as an acquittal.

Dr. Braun: What do you mean itís as good as an acquittal?

Bobby: The DA is only charging murder heís not charging manslaughter in the alternative because heís afraid that if the jury has a chance, theyíll jump at it.

Dr. Braun: Iím confused.

Bobby: If he gives the jury the choice between murder and manslaughter, he figures the jury will pick manslaughter, you being sympathetic, so he takes away that choice by not charging anything but Murder 1 and Murder 2, heís going all or nothing.

Jimmy: Which means if we convince the jury youíre only guilty of manslaughter, you get a straight acquittal.

Danny: Could they then come back and charge him with manslaughter?

Bobby: No, double jeopardy applies to lesser included charges, they have to include manslaughter now or forever lose it. Good going Jimmy. See now weíve got something to go in there with. You were acting in the heat of passion, a passion was your sense of moral right. Thatís different from straight jury nullification and we can argue that. Good going Jimmy!

Cut to a scene of the courtroom ≠ Eugeneís case. The victim is giving testimony.

Victim: I was loading groceries into my car when he appeared.

Renee: He being?

Victim: The defendant, he suddenly had a knife at my chest demanding my watch and wallet saying he was going to kill me. He then lowered the knife to my groin area.

Renee: And then what happened sir?

Victim: I gave him my watch and wallet.

Renee: And then what happened sir?

Victim: He just ran off.

Renee: This all happened at about what time.

Victim: Oh, at exactly 9:03 am, I know this because I looked at my watch, probably because I knew I was never going to see it again.

Renee: And how was the lighting in this area Mr. Augusta?

Victim: Oh, it was very good, there were lampposts every four parking spaces and five of the eight cars next to mine where white which Iím sure added to the brightness I got a perfect look at him.

Renee: Now Mr. Augusta did you have an occasion to see the defendant again.

Victim: Yes I did, the police responding to my call said a man fitting my description had been picked up about a mile away and we drove to the area and the police had that man in detention. I identified him as the man who robbed me.

Renee: Now, Mr Augusta can you state with absolute certainty that the man sitting here at this defence table is the same man that you saw on the night of February Twelfth on two occasions and then again in the police line up on Feb. 13th?

Victim: I can, Iím absolutely certain.

Renee: Thankyou Mr Augusta, your witness.

Eugene: Mr Augusta, you seem to have a pretty good grasp of the detail.

Victim: Well Iím a photographer by trade so, yeah, I have a pretty good eye.

Eugene: Iíd say outstanding. You not only remembered that five of the eight cars were white but even identified the little tree the suspect hopped through when he ran away.

Victim: Well, like I say I have a photographerís eye.

Eugene: Yes, but when it came time to describe the suspect himself you said only that it was a black man with a big head.

Victim: Well it was him.

Eugene: Well you sit here today remembering the placement of lamppost the colours of the surrounding cars, the exact time to the minute but as for what the suspect looked like ≠ black, big head.

Victim: Yes sir but as I said Iím certain that it was your client.

Eugene: Mr Augusta, were you a little scared, this knife suddenly being put to your chest.

Victim: Well yes I was scared, yeah! But if your asking did it compromise my powers of observation, I would honestly say no.

Eugene: You were looking at the knife werenít you?

Victim: I was looking both at the man and the knife.

Eugene: For the knife you remembered ≠ stainless steel, cerated, wooden handle, nine inches. For the man ≠ black, big head.

Victim: Look, Iím not saying that I wasnít frightened.

Eugene: Would you say that you were ery frightened?

Cut to a scene of Ellenor looking at herself in a small compact mirror, all done up.

Ellenor: Very frightened.

Rebecca is putting powder on her.

Rebecca: Why, you know you get along, youíve been laughing talking on the phone.

Ellenor: Yeah, but he hasnít seen me yet Rebecca, today he sees me.

Rebecca: Ellenor, you are a very beautiful women. Blot. (lipstick)

Ellenor: Yeah well, maybe Iím just nervous about the whole eyes of the beholder thing.

Cut to scene of judges chambers where the DA, Bobby and Jimmy are sitting.

Judge: Moral justification, for a homicide?

Bobby: Itís different thany nullification. DA: Itís not different, heís going to be arguing to the jury that they ignore the law.

Bobby: Look Iím not going to be drawing you a roadmap. Your honour, the only reason Iím bringing this to your attention now is so we wonít have to waste time going back to your chambers once the trial has started. Iím arguing heat of passion, the passion can be driven by a manís moral state of mind.

DA: Thatís ridiculous

Bobby: Fine, you make your arguments, Iíll make mine.

DA: So is this why the Rabbiís on the witness list, is he going to be testifying that God is on your side? Bobby: What ever he testifyís to you can cross examine.

Judge: Mr Wilk, I seriously suggest that you charge manslaughter in the alternative.

DA: Not a chance. Judge: If you donít make Murder 2, he walks free!

DA: Theyíre flaunting this, he planned his crime, he went home, he discussed it with his Rabbi first, this wasnít heat of passion, it was cold, calculated execution, then these people go on television and exalt it. Itís Murder in the first degree all the way.

Judge: The jury might reject that.

DA: Weíre not offering manslaughter.

Jimmy: This is exciting (looks from everyone) you gotta admit.

Judge: One of you might be disappointed, are you still ready to try this next week?

Bobby: Ready.

Jimmy: Ready. (look from Bobby) I am!

Cut back to Eugeneís case and heís still questioning the Victim.

Eugene: Mr Augusta, when the police told you that had the guy and you got out of the squad car to identify him, truthfully, you wanted it to be the man who robbed you didnít you?

Victim: Of course I did. I wanted him off the street and I wanted my watch and wallet back.

Eugene: Do you know whether they found your wallet and watch in the possession of my client?

Victim: Iím told they did not.

Eugene: And the cerated, stainless steel knife with the wooden handle, that turn up?

Victim: Iím told it did not.

Eugene: When you pulled up to the scene where did you see my client.

Victim: He was standing between two uniformed police officers, about twenty feet away.

Eugene: Was he handcuffed?

Victim: Yes.

Eugene: And you said, thatís the man, thatís the man who robbed me, right off.

Victim: No I got out and took a closer look first.

Eugene: You didnít identify him from the car?

Victim: Nope.

Eugene: So as you looked at him from the car, twenty feet away he didnít look familiar?

Victim: WellÖI thought it might be him.

Eugene: Might be him how?

Victim: Well, size and build wise it could be him.

Eugene: Ten minutes earlier you couldnít give the officers a size and build description.

Victim: I was in shock a little bit ≠ Iíd just been assaulted.

Eugene: You were in shock. You mean your powers of observation might have been affected a little?

Renee: Objection, Heís badgering the witness.

Judge: Overruled.

Eugene: As you saw this man standing twenty feet away, what about him made you think that this was the man who robbed you sir.

Victim: I donít know, I just remember thinking it might be him so I got out of the car to take a closer look and when I saw him up close I knew it was him, I knew it!

Eugene: But you couldnít recognise him from twenty feet away.

Victim: Thatís right, I said that.

Renee: Asked and answered.

Eugene: You couldnít identify my client from twenty feet away.

Victim: Yeah, thatís right.

Renee: Asked and answered!

Eugene: But yet the next day in a police line up standing twenty feet away you did recognise him. How is that possible.

Renee: Objection

Judge: Overruled

Eugene: Twenty feet away the night before you canít recognise him but for whatever reason the next morning you pick him out in an instant.

Victim: When I saw him the second time there were other characteristics that registered. Build, stance, posture.

Eugene: So when you picked my client out of a line up you were going on the things you saw when he was in police custody than what you saw in the grocery store parking lot?

Victim: Well, yes.

Eugene: Ah, by the way, would you call that a big head?

Victim: Well it looks smaller today.

Eugene: But you told the police you were absolutely certain the suspect had a big head.

Victim: Maybe I was wrong about that.

Eugene: Or maybe you were right. A photographer by trade, with a gift for the detail, maybe it was someone with a big head.

Victim: It was him!

Eugene: Then you were wrong about the big head.

Victim: I said that!

Eugene: How could you be wrong about something so general as that?

Victim: I donít know sir. I told you before I was in some shock.

Eugene: Oh yes you were in some shock.

Cut to the office where Bobby is walking in with the Rabbi and Jimmy behind him.

Bobby closes the door, not letting Jimmy come in.

Danny: Whatís up?

Bobby: Whatís up is I gotta know something.

Danny: What?

Bobby: When Gerald Braun came to you, when he left your office, did you know what he was about to do?

Danny: Think I wouldnít have stopped him?

Bobby: Danny..Did you know?

Danny: Of course I didnít know. When he said he wanted to kill him, I never thought he would actually..Of course I didnít know.

Bobby: Then why didnít you stay with him? You knew he needed you!

Danny: Exactly whatís the accusation here?

Bobby: Danny help me out her a little please, Donít you think you gave him the moral empowerment and the righteousness he needed to see it through? Letís not kid ourselves, Ronald Martin is dead in large part because of you.

Danny: Iíll ask again, whatís the accusation?

Bobby: I am walking uphill into a murder thatís going to be very difficult to win, I gotta know exactly what Iím dealing with.

Danny: Friend to friend, I donít grieve for Ronald Martin, but I never thought that Gerry was going to go and kill him.

Cut to a scene of Eugeneís trial. Renee is questioning a cop.

Cop: He reacted nervously to our prescence, fitting the general description of the suspect, we detained him until the victim could arrive to make a positive ID.

Renee: Thankyou, no further questions.

Eugene: He reacted nervously to your presence? You shined a searchlight right into his face didnít you?

Cop: We shined it on his person.

Eugene: Do you think itís unusual for a black man in South Boston to be nervous when a police car comes along illuminating him like a deer caught in headlights?

Cop: I donít think he had anything to be nervous about if he were innocent.

Eugene: Silly me. The general description you were talking about that would be ≠ black, big head.

Cop: Yes

Eugene: Did either you or your partner approximate the circumference of my clients cranium?

Cop: We detained him because he was black in the area of the crime, acting suspiciously.

Eugene: This was before you picked him up?

Cop: Ö.No, after.

Eugene: I see.

Renee: The prosecution rests your honour.

Judge: Thankyou officer Caufey, you can step down. Mr Young we can break or you can call your first witness (motioning to Eugene)

Eugene: We rests your honour.

Judge: Concluding arguments at three, we adjourn till then.

Steven: Whatís going on?

Eugene: Trust me.

Steven: Shouldnít I get up there and say I didnít do it?

Eugene: If you do all your priors can come into evidence, this way it stays out. Steven: Yeah I know, but if I say nothing donít it look like I did it.

Eugene: What are you going to say Steven, that you were just out taking a moonlight stroll along the streets of South Boston? How would that look. They didnít make their case, thatís our defence.

Baliff: Come on, lets go.

He takes Steven away.

Cut to a scene of Ellenor waiting in the bar for the podiatrist. Sheís tapping her fingers nervously. A goodlooking guy walks in and she looks hopeful but heís there to meet somebody else. Then, who should walk in but an balding, ugly geek (although at first glance he seems nice) Itís none other than who we come to know as George Vogelman!! He goes up to the table and Ellenor sort of smiles in a disappointed way.

Ellenor: George?

George: Ellenor.

They shake hands.

George: What a pleasure, and what a relief to finally be getting this part over with.

Ellenor: Absolutely. Oh, sit, please sit.

He sits.

George: You lied to me, you said you werenít beautiful.

Ellenor: oh well, you know lawyers weíre trained to conceal the truth.

George: (laughing) Youíre just as funny in person. Iím not gonna lie, I was so nervous about meeting you.

Thereís sort of an awkward moment where George smiles infatuated at Ellenor but she seems kinda disappointed with him.

Cut to a scene of the office ≠

Bobby: Jimmy, come on.

Jimmy: I spoke with statton and co. the jury consultants, they gave me a list of questions we should be looking to get yes answers to. Bobby: Good. Iím gonna go back there and try and get the trial kicked to Charleston.

Jimmy: Why?

Bobby: People grow with an eye for an eye code in Charleston.

Jimmy; Listen,

Bobby: what

Jimmy: Bobby, I feel a good connection with the Braun case, I kinda came up with the game plan, sorta. I was wondering whether maybe I could run with it.

Bobby: Jimmy you been doing good things here but this is a jury trial.

Jimmy: I was losing with jury trials because I sweat and sweat makes you come off looking distrustful, but Iíve corrected the problem. You saw me on TV, I didnít sweat.

Bobby: Jimmy, I donít know.. I..

Jimmy: You gave the tobacco case to Lindsay and sheíd never even done a jury trial. You had a feeling and you went with it.

Bobby: Yeah, Well, I donít have that feeling here.

Jimmy: Oh..ok

Bobby: I want you as second chair, youíre important to this case, definitely.

Jimmy: Ok, sure, ok, let me know what you need.

Bobby: I will.

Cut to scene of closing arguments in Eugeneís case

Renee:(pointing to Steven) It was him, It was him ,It was him! Now how many times did we hear Mr Augusta say this? They were standing nose to nose, the lighting was clear. That was the man that stuck a knife to him, threatened to kill him, he robbed him. Now the uh defence council did a lovely job of trying to confuse the witness, to rattle him, see how much water he could make him drink. But he could not shake him on the one question we have here. Who did it? He did.

Eugene: No, he didnít. But thatís what we all want to believe, letís be honest. Because if itís him we can feel relieved that the bad guyís off the street, we can feel safe. And thatís what Mr. Augusta wanted to believe as he was driven to see this man. Let it be him, let it be him and when he saw Steven Finald there with handcuffs on it became just a little bit easier to conclude that it was him. Didnít it. Let me tell you what I think you may already know. A man puts a knife to this man and as the victim said he went into shock and nothing really registered except black, big head, thatís all. Then this man runs away and Mr Augusta gathers himself, while waiting for the police to show up he takes stock of the lampposts, the cars, the fern trees. That Ďs why he remembers that stuff, he processed it in a relative state of calm. But the suspect, black, big head, thatís all. And if you look at my client, Steven Finald doesnít have a big head, my headís bigger than his and soís your honours. No offence.

Judge: Just proceed council.

Eugene: The reason the law demands a police lineup ladies and gentleman is that itís because it is an accepted truth that when a victim identifies a lone suspect in police custody heís more likely to automatically conclude heís the guy. As a matter of law those idís are deem unreliable, untrustworthy, tainted. Thatís why they called him back the next day to pick a suspect out of a lineup, because the id made before was unreliable, untrustworthy, tainted. Now you might say he did pick Steven Finald up out of a lineup. Of course, but he wasnít identifying the man who put a knife to his groin, he was identifying the man he saw in police custody. This man is not the man with the knife, not the big headed man, This man is only who Mr Augusta wants to believ is the bad guy and he admits that, big head, no big head, itís a normal size head now, so all weíre left with is black. Steven Finald sits here black. They found no knife, no wallet, no watch, they found no physical evidence, just an eyewitness in shock who says that he can only give a general description, half of which, the big head part, he retracts. Do I really have to stand hear and argue reasonable doubt?

Cut to the restaurant where George is putting

Ellenorís coat on her.

George: I had a really nice time.

Ellenor rolls her eyes, but he canít see her do so.

George: Can I give you a ride or walk you to your car?

Ellenor: oh, no um, actually Iím uh gonna go to the clerks office, itís just across the street.

George: What about tonight, did we decide dinner or movie ≠ I meant to bring the listings but I forgot.

Ellenor: you know George, Iím gonna take a raincheck, I Ďm sorry, itís just that a case that I though was going to be continued wasnít, I think the judge is trying jam us and to force a settlement. Anyway I have to be in federal court first thing in the morning.

George: Oh well sure, maybe Friday..

Ellenor: Iíd love to I really would itís just that Iíve got some houseguests coming, otherwise..

George looks like heís caught on now

Ellenor: but Iíll get my calender out I think Iím really clear next wek.

George: Iím out of town the next week.

Ellenor: Ok, well how about the next week?

George: Sure, week after sounds good. ( thus began the psycho)

Cut to the office

Jimmy: I just got this fax from the clerks office ≠ the notice of appearance of a new DA, in the braun trial.

Bobby: Asha Silverman!

Jimmy: What you know this guy?

Bobby: Asha Silverman is legend, he has never lost a murder trial.

Lindsay: So thisíll be a first then.

Bobby: Heís also an orthodox Rabbi, they did this in response to our moral duress strategy.

Lindsay: Heís a DA and a Rabbi?

Bobby: Mmhmm

Jimmy: Maybe this makes him more compassionate - heíll be willing to make a deal.

Bobby: I donít know anything about him as a Rabbi but as a DA, heís ruthless. They didnít put him on this to make a deal, thatís sure.

Cut to Bobby talking to Danny.

Danny: this is obviously to offset any argument we make on Jewish law.

Bobby: Which is why I gotta know

Danny: Weíre on solid ground.

Ellenor enters

Bobby: Ah, Ellenor, good ,I want you on this Braun case.

Ellenor: Iím really sorry Bobby, I just canít do that. Bobby: Why?

Ellenor: Iím just not comfortable working on this case, please donít ask me to participate. Iíd really ask that you respect me on this.

Bobby: oh, ok.

Danny: Forgive me, Could I be so intrusive as to ask why?

Ellenor: You wore your yamakah on that tv program, when a Rabbi speaks he represents Judaism, you represented it as vengeful and as a jewish person I was offended. Iíd just rather not work on the case.

Bobby: fine

Cut to Eugene talking with his client.

Steven: you know you didnít ask me much about my story

Eugene: you told me you were out on a walk, thatís all I need to know.

Steven: It seems like you didnít want to know

Eugene: Well defence lawyers have to be careful, Iím stuck with whatever you tell me, sometimes the less I know the more free I can be with my defence. Now you follow that?

Steven: yeah, all of it.

Bailiff enters ≠ verdict.

Cut to verdict scene

Eugene: 36 minutes

Renee: I can tell time

Judge: Will the def. Please rise. Members of the jury have you reached a verdict.

Foreperson: We have, on the matter of the commonwealth vs. Steven Finald, armed robbery, we find the defendant not guilty.

Steven looks relieved.

Eugene: Alright Steven, youíre a free bird ≠ eat right and exercise.

Steven: Thankyou

Judge: The defendant is free to go, weíre adjourned.

Eugene: Small bills only.

Renee: Mmmmm, buy yourself a new tie.

Steven: Mr Young, Iím free no matter what now right?

Eugene: Correct.

Steven: so no matter what I say now they canít arrest me.

Eugene: also correct, double jeopardy, but I wouldnít be going on any talk shows.

Steven: nah man, I only wanna say this to you. I didnít do it. I didnít stick that guy up, I was just out taking a walk, so uh thanks for believing in men

Renee: what he say?

Eugene: you know, just thanking me

Cut to Bobby in a courtroom

Judge: Change venue to where?

Bobby: Charleston, you could still keep juridiction if you want.

Judge: oh you think there might be more media attention in Charleston?

Bobby: Iím just looking for a fair trial your honour.

Judge: yeah, or you might be looking for a jury to come back and grant your client mayor. The motion to change venue is denied ≠ the defendant will stand trial here. Adjourned.

Cut to the office

Ellenor: I postponed it, thatís all.

Rebecca: So now what happens?

Ellenor: Oh, you know the usual, Iíll call him during the day when I know heís at work, leave a few polite messages heíll eventually GET the message and Iíll meet up with him, you know, sometime around NEVER.

Rebecca: You got it all figured out

Ellenor: I know how it works, trust me on this one.

Rebecca: You had no right to do that.

Ellenor: Right, I need a right?

Rebecca: The kind of treatment you expect from others..

Ellenor: It just wasnít there Rebecca, the chemistry..

Rebecca: And you rejected him because of his looks

Ellenor: Yeah, and?

Rebecca: And you can live with that?

Ellenor: Can I live with that?

Rebecca: Yes.

Ellenor: Iíve been living with it my entire adulthood,

Iíll survive and Iím sure so will George.

Rebecca: You could have at least been honest, this stupid game, come on.

Ellenor: let me explain something to you Rebecca, youíre grateful for the game, you make exscuses, itís a lot easier to take than the truth even when you know..And as for my right, if I have ever earned an entitlement to anything (she breaks) Önevermind.

Cut to Bobby and everyone walking in

Bobby: First up , jewish law, between now and next week you are going to make me an expert on it ≠ oh hey, Ellie, howíd your date go?

Ellenor: Oh, fine

Bobby: Good, Jimmy , where were you ≠ venue motion?

Jimmy: Somehow I thought youíd be ok without me.

Bobby: A minute, please, now.

They go into his office.

Bobby: I want and need your help on this case but make no mistake, you are not a good trial lawyer, Iím sorry

Jimmy, but this is a homicide case, you are being selfish and totally unfair to the client. I consider you an asset to this firm but for now your job is primarily motion and trenchwork , letís not make any mistake on that. Now come on we have to meet with out client.

Cut to a shot of Eugene in a bar drinking and Rebecca walks in a sees him

Rebecca: Hey

Eugene: Hey, Iím buying, came into some cash. Rebecca: Usually when you win you come back with a strut.

Eugene: my client did not commit the crime with which he was charged and it never even dawned n me that he was anything but guilty.

Rebecca: Well they almost always are guilty

Eugene: thatís not the point, the point is the one you were trying to make yesterday. Iím convicting them before they even get to the judge and Iím the defence attorney.

Rebecca: Yeah but you got him an acquittal.

Eugene:Thatís probably why I feel so good ≠ to the winners.

Cut to the office at night

Gerald: Does anybody get any of this. Ronald Martin commits murder and they assign a junior varsity DA, for me they bring in the heavy weight

Bobby: Ham Bourg is not junior varsity, trust me

Danny: yeah but theyíre pushing harder on this than they did on Ronald Martin

Bobby: Thatís because you went on tv and you embarrassed them. Weíre here because of you.

Danny: I was trying to help

Bobby: Well you didnít. Itís still not too late to switch to insanity.

Braun: Itís still not to late to hire a new lawyer, that was the sanest moment of my life and Iím going to get up on the stand and say that.

Bobby: Say it like that and you wave bye to your wife and world,

Braun: Whose side are you on here?

Bobby: Listen to me both of you, the whole world might be bidding to tell your story all I care is what twelve people in a box think.. This DA is good ≠ heís great, heís never lost a murder trial and if he can convince those jurors to ignore the cheering and listen to the law like they should be doing then you both go away because you committed pre meditated murder and you were an accessory. Iím on your side but you are in trouble.

----End of Episode-----


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