All language subtitles for The Practice s04e21 The Honorable Man

They turned it down.

So now what?

We either try it or we up the offer.

I think we could make it go away for
175.

175 would break me.

I got no coverage for this, Jimmy. I
know.

If we go to trial... The jury's already
sworn in. It would be two or three days.

It's only going to cost you my time. I
don't mean the cost of the trial.

I'm asking, what do we win?

I don't know, Peter.

Legally, what you did was an invasion of
privacy.

He has a deadly disease. And we'll
certainly argue that.

I'm just telling you, I'm not sure we'll
win.

Let's go to trial.

I ain't taking murder, too. Why should I
take that? That's life. Murder, too.

Why should I take that? That's life.

I'm not necessarily recommending it,
Alex.

I'm just making you aware of the state's
offer.

Plus, with murder two, there is some
possibility of parole. Murder one...

They'll kill me in prison. I know what
happens to people like me. They'll kill

me. I know what happens. You have to
beat this, Mr. Young.

Well, I don't think I will.

The woman you killed... I didn't.

Allegedly killed.

She's the daughter of a college
chancellor. She's got a lot of

And they don't assign Helen Gambler
cases for her charm.

You have to take care of this. I didn't
do it. You have to make them see that. I

didn't do it!

Even so, you have to realize how it
looks.

The police discovered you having sex
with her.

But she was already dead. How many times
do I have to say it?

So you just found a dead woman in a
dumpster and decided to have sex with

Yes.

And you have to make them see that.

I ain't going down for murder, too.

All right.

Look, we're going to have some clothes
sent over for you to wear at trial.

We're going to need you to take a
shower.

Why?

Because you stink, Mr. Dixon.

You think I'm some kind of animal.

That's what you think.

I'm a human being.

I don't think he is insane.

Plus, he insists he didn't kill her.

I assume Helen's got her fangs out.

Oh, you have no idea.

Can I ask, does Lindsay really need to
be on this?

Is that a strategic question?

Or more, you don't want her sitting next
to the guy?

Probably the latter, I admit.

I'm okay. It's a court appointment. We
have to give him a defense, but we

certainly don't have to provide two
attorneys.

I think having a woman at the table
helps.

A radio station gave out our number.
Some DJ is telling his listeners to call

and tell us we're scum.

Oh, great.

We already knew that.

I'm going to shut down the phones for
the morning, so let's everybody take

cellulars. Jimmy, how you doing?

We upped the offer to 125.

He turned us down. Trial starts today.

I'd go higher. Don't start.

He revealed the guy's medical condition.
He didn't fire the guy. He quit. After

our client sent out a memo telling the
whole world. The guy has AIDS, Rebecca.

He's co -worker. He also has a right to
privacy. And they have a right to be

safe. All right, enough of the arguing.

125 is a line in the sand. We start
trial today.

And P .S., I've known Peter Hines since
high school.

He's not a bigot. All right. You need a
second chair?

Thanks. I'll pass on the chairs here.

Your personal island.

Cellulars. Come today, guys.

How did Mr. Hines even find out you had
AIDS?

We're required to take physicals for our
insurance.

He owns the company. He somehow found
out when I was first diagnosed three

ago. But he didn't tell the other
employees at Straub until last year.

Yes. He suddenly decided to circulate an
inter -office memo to all employees,

which totaled about 90.

Did he give you an explanation as to why
he did this?

Yeah, concern for their health.

And what happened, Mr. Mayfield, after
this memo was circulated? I began to be

treated differently.

Some people acted like I had the plague.

Others, they were overtly hostile.

I mean, I was no longer welcome to play
on our basketball team.

We have an inter -office accountant
league, and I was invited to stay home

our team captain.

So basically, you began to be
discriminated against.

Yes. I wasn't totally ostracized,
though. There are some people in the

whom I've remained friends.

There's even some people who assault me
with their sympathy.

They offer me the names of various
support groups.

I think they're the worst.

I mean, there is nothing... more
oppressive than a well -meaning

the loose.

Mr. Mayfield, how was it no longer
tolerable to work there?

Well, I went from being an accountant in
good standing, one who enjoyed a

camaraderie with my co -workers, to
being the one with AIDS.

The thick one.

But you are the thick one, aren't you,
Mr. Mayfield? I don't prefer to see

myself that way.

But you have a fatal disease, don't you?

Yes. And this disease is infectious,
isn't it?

Through sexual intercourse and needle
use, but not casual office contact.

the spread is not limited to sex and
needle use. That isn't true, is it, Mr.

Mayfield? Those are the most common ways
it is spread.

It could be spread from kissing, if they
were open -mouthed sores.

I wasn't going around kissing. Or if
people had cuts on their hands.

I never went to work with cuts on my
hands. But what if you accidentally did?

Cut yourself.

What if you took an elbow playing
basketball? Got a nosebleed? The risks

you're talking about are so minimal. But
does that mean it's your right to

assume them on behalf of everybody else?

A fatal disease which is infectious.

Shouldn't it be a person's right to
choose whether he plays in a sport of

physical contact with you?

If I had a cut on my hand, I'd probably
like to know which of my colleagues at

work have AIDS.

Does that make me crazy?

The problem, Mr. Berluti, is that there
are prejudices and bigotries that go

beyond health issues when it comes to
people with AIDS.

My client didn't fire you, did he?

No.

Her

name

was Hillary Brennan.

She was a second -year copywriter at
Rogers and Cole.

She worked downtown and would like to
walk home after work to her townhouse in

the South End.

Her friends describe her in many
wonderful ways, but generous and

two words that had become almost
synonymous with her name.

She would never pass a homeless person
without offering something.

That was said by her roommate.

Well, she should have passed this one,
ladies and gentlemen.

The evidence will show that Alex Dixon
raped and strangled Hillary Brennan,

strangled her to death.

The evidence will show that this man
continued to rape her after she was

He was still on top of her lifeless
body, raping the corpse when Officer

Frierson discovered him.

This is...

This is the ugly part of criminal law.

We deal with crimes that...
Fortunately...

At least this one is simple.

I won't have to take up too much of your
time with the ugliness.

The ugly part of criminal law is when
you convict the wrong person.

Alex Dixon had sex with Hillary
Brennan's lifeless body, but he didn't

You're certainly entitled to be
disgusted by this man, but you can't

of murder unless the evidence supports
that finding, and it won't.

Because somebody else killed Hillary
Brennan. It wasn't Alex Dixon.

How long after you got the call did you
find him?

About an hour, maybe a little less.

There's a back alley behind Washington.
It isn't lit. I decided to go and check

it. And what did you find?

I heard some activity over behind a
large dumpster.

I headed that way, shined my light, and
there he was.

There who was?

Him.

The defendant.

Could you see what he was doing?

He was engaged in sexual intercourse
with a nude female body.

I ordered him to get off the woman and
lie on the ground face down, at which

point I handcuffed him.

I then went to check on the woman.

She was dead.

Did you check to see whether the body
was warm or cold?

It was still warm.

She was dead when you got there?

I believe so. Did you see my client kill
her?

No, I did not, but she hadn't been dead
for very long. Excuse me.

Did you see my client kill her?

No. Any thumb or fingerprints or bruise
indentations that matched up with my

client?

No. You also noted the woman smelled of
garbage.

Yes. Any idea how she got that smell?

She was probably in the dumpster.

Thank you, officer.

I think she was hiding in the dumpster.
Get away from her.

Why don't you argue that, then? I can't
prove it.

It's a date, I thought. Have you guys
set a date yet?

June 17th. The invitations go out next
week.

Okay, and then how soon after before we
have a little Bobby?

You'll be the first to know, Helen.

Of course I will.

Let me ask you guys something.

A wedding?

A baby? She's already got me pregnant.

Well, how do you take these cases and
then go home?

The judge assigned it, Helen. I know,
but you could have... What's the point?

I didn't mean anything, Eugene. I was
just asking. I'm sick of people asking

that question. It's a stupid question.

We get it everywhere we go. You think
about that? I don't expect to be getting

it from a DA.

Eugene, especially when we're supposed
to be having a nice dinner as friends.

Okay.

Sorry.

Excuse me.

This eyewitness is pretty much the whole
case, so if there's... He's a liar.

Billy Biggs never told the truth his
whole life. About nothing.

If I hadn't have found that girl first,
he would have been right there, taking

his poke.

You could quote me on that.

I don't believe I will.

Alex, we need facts to trip up Mr. Bix.

He's a liar.

That's a fact. Can you give us specific
incidents of his lying? Right here, he's

lying about this.

Okay.

We'll see you in the courtroom.

Right there, lying about this.

We could go with that, Eugene.

The eyewitness is motivated by jealousy
because he didn't get to take his poke

with the corpse.

This is all funny to you?

What am I missing, Eugene?

You've made a career out of defending
dirtbags. What's changed?

Maybe I'm getting sick of it.

Sharon and I split again.

I'm sorry.

When? Three days ago.

Kendall asked me the same question Helen
did last night, and I couldn't answer

it. Then she asked me later. We got into
this big fight, and... Here I am.

Look, I could handle this case alone.
Maybe that would... I'm going to win,

Lindsay.

Make no mistake about that.

We'd better get in.

I was at the corner of Washington and
Boylston.

It was about 8 .30 or so.

At night?

Yes. That's when I saw him.

Him being the defendant?

That's correct.

And he was with the woman.

What woman, sir?

Hillary Brennan.

I identified her from the photographs.

Could you tell what they were doing?

Talking. I assume Alex was asking her
for money.

Were they arguing or... No, no, no. As a
matter of fact, she was smiling.

Do you know the defendant?

Yes, I met him on the street many times.

And you're definitely sure it was him,
this man, talking to Hillary Brennan

night?

I'm positive.

And you're sure it was around 8 .30?

Yes, I am.

Thank you.

What were you doing on the streets at 8
.30, Mr. Bix?

I was soliciting clients.

Soliciting clients?

You were panhandling.

That's what some people call it. You
pretty much live on the streets.

I do.

Did the prosecution buy you those nice
clothes?

Objection. When a witness testifies, he
puts his demeanor into evidence. This

witness has had part of his demeanor
paid for by the prosecution. And exactly

where did the defendant's outfit come
from? From a charity who helps innocent

people wrongly charged with crimes.

Objection moved to strike. All right,
all right, that's enough. We will have

more discussion as to wardrobe. The jury
will not give any weight to the

clothes.

You were arrested the night of the
murder, weren't you, Mr. Bix?

Yes, but much later.

Drunk and disorderly conduct?

I was sober when I saw your client. How
many times have you been arrested for

drunk and disorderly conduct, sir?
Objection.

Overruled. More than five?

Maybe. More than ten?

I don't know. In fact, this was your
11th time. And after the last one, you

told the next one meant jail time.

Isn't that right, Mr. Bix?

Yes. Are you going to be serving time
for your 11th arrest?

I don't think so. Because you had
something to offer.

Didn't you, Mr. Bix? You decided to hand
over Mr. Dixon in exchange for serving

no time. Is that why you made this story
up?

Objection. Overruled. Did you make up
this story, Mr. Bix? No.

They needed to place my client with the
victim alive, and you decided to offer

your services, didn't you? I'm not
lying. I saw him with that woman. But

make a deal in exchange for the
testimony, didn't you, Mr. Bix?

Yes. Yes.

And you say you were sober when you saw
my client with Miss Brennan. Was that

your testimony?

Yes. Well, according to three different
witnesses, you were seen drinking as

early as 4 o 'clock that afternoon.

But I wasn't drunk.

You're an alcoholic, aren't you, Mr.
Bix? Well, I like to drink, yeah, but

whether that makes me an alcoholic...
Nothing further.

You'd known he'd had AIDS for three
years?

Yes.

And I kept a secret.

Well, what changed?

I saw on the news.

Those two guys stopped to help this guy
in a car accident.

He wasn't breathing.

They both did mouth -to -mouth.

Turned out that the accident victim had
AIDS.

And now these two Samaritans are at
risk.

They have to go for AIDS tests for the
next few years.

So I thought, what if something like
that happens here?

Suppose Wayne has a heart attack.

Or he blacks out.

Well, it certainly is possible given his
immune system.

And then suppose somebody at work goes
to resuscitate him.

I mean, wouldn't I be a little bit
liable?

I know he has AIDS. I don't tell.

You know, the people who work for me...
So...

You felt it was your legal
responsibility.

And my moral one, to be honest.

I put my trust in these people.

And I asked these people to trust me.

How can I sit on information that could
possibly threaten their lives?

Did any doctor advise you that Mr.
Mayfield might be a health risk to

else? No.

Did any medical professional advise you
to reveal my client's condition?

No. But probably because doctors are
more afraid of being sued than anybody.

Did you consider the possibility that
Mr. Mayfield may be stigmatized by your

memo? That he might suffer from
discrimination as a result of this

Yes.

But I weighed that risk against the
potentially fatal one facing the others.

And I made my decision.

I'd also like to say I feel that the
company supported Wayne.

He resents sympathy, as he stated in his
testimony.

And a lot of the discrimination he says
he was subjected to, the bulk of it he

only perceived.

The employees at Straub like him.

And following my disclosure, nobody came
to me asking that he be let go.

And I think that needs to be said.

You said it perfectly.

How's it going?

He totally stoned them.

They're now willing to take 125.

Really? We rejected it.

You should have seen them.

Is the jury still out? No. We go back in
at five for closing arguments, which I

got to get to work on. Come on.

How about when I said it was a moral
thing? Did you see his face when I said

that? Did I see it? I could hear it when
it hit the floor.

They were so cocky. But that's the way
they are, Jimmy. I'm telling you.

They get all this special treatment.

You know, they get all these special
laws passed.

They got the whole country screaming,
let him get married.

I mean, it's like there's a privileged
class or something.

David Nation fags. It's out of control.

And they think they're smarter than
everybody, too.

That's why they thought they'd win this.

I ever tell you my mother was gay,
Peter?

What?

Funny.

No.

It's true.

Maybe I didn't mention it because I
didn't think it was such a big deal.

That it would matter to my friends.

Oh, hey, Jimmy.

To reach his own.

Come on, you know me.

Look, I've got no problem with people
living the way they want.

It's just... What do you know?

The special treatment.

Yes.

Well, I better work on my closing.

You know what you're going to say?

I have an idea.

The body cools down about one degree per
hour in 65 degree weather, which it was

that evening.

We recorded a base temperature of 95 .5.
That was just after midnight.

Computing the one degree per hour, we
calculated the time of death to be

9 and 10 o 'clock.

But since the officer found her dead at
9 .30, we determined the TOD to be

between 9 and 9 .30.

Were you able to determine the cause of
death, Dr. Fine?

Asphyxiation caused by strangulation.

Between 9 and 9 .30.

So, Ms. Brennan could have been killed
at one minute past 9.

Possible?

Possible. So my client's contention that
he found the body already dead at

around 9 .15, then proceeded to make
love to it after she was dead, that's

possible, isn't it?

It's possible, but it's... Well, in
fact, scientifically, you can't rule out

that possibility at all.

No, I can't rule it out. In fact, a body
temperature will spike if a person was

struggling prior to death, wouldn't it?

She could have been at 100 when she
died.

Isn't that possible?

Yes. So she might have been killed as
early as 7, 7 .30. Well, a witness saw

alive at 8 .30. So you're basing your
findings in part on the reliability of

witness, Billy Bix.

Yes, I am.

Thank you, Dr. Fine.

The witness may step down.

Ms. Gamble.

The prosecution rests, Your Honor.

Mr. Young, you're on.

The defense rests, Your Honor.

How do you mean I don't testify?

I mean you don't testify. What's with
that?

If I don't tell my side... I've got your
side in it. What's with that? If we put

you on the stand, all your other
felonies come in, including the time you

flashed kids at an elementary school.
That doesn't make me a killer. It makes

you a piece of crap which we don't need
the jury to hear. They already think

that. I slept with that woman. If you
take the stand...

They'll know it. Okay, all right. I
don't like this. What's going on? You

to trust us on this, Mr. Dixon. I don't
put on any defense. What the hell is

that? You don't have any defense. She
was caught red -handed raping the

After she was dead.

Alex, the jury won't believe you. How do
you know? Because I don't believe you.

Eugene. I think you did it. You
strangled her and raped her. That's what

think, because I've had the pleasure of
listening to you talk. I don't want the

jury to hear you open your fat mouth,
because then they'll know you did it,

like I do. I have an obligation to
protect you, Alex, and your fat mouth.

listen to me. You don't want to mess
with me.

Eugene, stop it.

Mr. Dixon, our defense is the state
hasn't satisfied its burden of proof.

With that strategy, it's better not to
call any witnesses.

That's why we're not calling you.

Certainly it's your right to testify,
and if you insist, we will allow you to

so. But it is our collective judgment.

It's better for us to rest without
putting on a defense and focus the jury

the state's failure to make its burden.

And as it stands, we have a very good
chance.

I don't know what's going on, but...

Gay bashing seems to be coming back into
style.

We've got radio talk show hosts proudly
declaring their prejudices.

Churches and politicians calling gay
people sick.

Voters coming out in droves to support
bans on gay marriages.

What is going on?

As far as fear of AIDS goes, you want
something really to be scared about?

Abolish people's right to medical
privacy.

And they simply won't get tested.

They'll stop going to the doctors.

Then watch the disease spread. Many
diseases.

This man went and got tested.

And he was punished for it.

Is that the message we want to be
sending?

Because if that's it...

Then a plague on all our houses.

What's he talking about? Gay backlash?

Gays have got more special treatment
going than anybody.

We've got special AIDS laws.

Hollywood, the Emmys, the Oscars. They
all got those red ribbons on, don't

In honor of AIDS.

My dad died of a heart attack.

Where's the ribbon for cardiovascular
disease?

And now, when a person has a fatal,
deadly, infectious disease, there's a

that says you can't even warn people.

Nobody's saying we should discriminate
against people with AIDS.

But where's the law to protect you and
me?

Where's the legislation to protect Mr.
Mayfield's co -workers?

If he dropped, a dozen different people
would be giving him mouth to mouth.

If he got cut playing basketball, his
teammates would help tend to it.

They don't have a right to know they
could be risking their lives?

How not is that?

Doesn't Mr. Hines owe some duty to look
out for the people who work for him?

He did the moral thing.

The reasonable thing.

And let's remind ourselves.

One more time.

The plaintiff didn't get fired.

Nobody beat him up.

Mr. Mayfield says he even felt depressed
by the people who were trying to help

him, for God's sake.

Maybe we should pass another law.

It's a crime to show too much sympathy
for people with AIDS.

Enough is enough.

How are we doing?

I think okay.

How are you doing?

I'm fine, Lindsay.

Eugene. Don't start playing psychologist
with me, okay?

Are you saying a psychologist?

Because I think you should be.

Is that right?

Yes.

Every time you take cases like this, you
just turn angry.

It doesn't have to be fun, Lizzie. What
am I supposed to do? Be all happy and

gay? These cases don't bother me, okay?

Whatever you're feeling. I don't feel
anything. I'm a defense attorney. It's

my job to feel. Why can't people see
that?

I think I should do the closing.

I will do it.

If you can't do your best.

I will do my very best.

Cases like this, I get too afraid I'll
let my personal disgust affect my...

I compensate by trying harder.

If anything, I try even harder for the
guilty.

How sick is that?

You've reached the verdict already?

I'm on my way.

Jimmy, my spies down at the courthouse
said that your closing seemed a little

redneck. I went with what I thought
would be effective.

Redneck?

Red, white, and blue.

I better go.

If there's a question defense attorneys
get asked more than anything else,

it's... How can you do it?

How can you walk into court day after
day after day defending the scum of the

earth, then go home and sleep?

Well, I got myself a pretty good piece
of scum in this one, don't I?

He raped a dead woman.

Hard enough for me to even look at him,
let alone defend him. But the answer to

the question is, I don't come in here
day after day representing people like

him. I represent you and me.

I'm in here making sure the prosecution
lives up to its burden of proving guilt

beyond a reasonable doubt before they
get to incarcerate people.

Because if they don't live up to that
burden, if we start letting them convict

without meeting that criteria, then
innocent people are at risk.

You.

And me.

And maybe him too. I don't know. Maybe
he killed that woman. Maybe he didn't. I

can't tell you. What I can say is they
didn't satisfy their burden. There is

doubt all over the place.

Nobody saw him commit a murder.

The coroner himself said the murder
could have happened hours before the

officer found him. It is not likely he's
going to hang around with his victims

for hours, is it?

No thumbprints or bruises on the neck
matching my client?

The victim smelled like garbage. Why?

Because she was in that dumpster just
like my client said she was when he

her. One witness who places my client
with the victim alive turns out to be a

drunk, likely drunk at the time. Can we
really trust his powers of observation?

Or his credibility?

The testimony he gave was part of a deal
that kept him out of jail. Deal.

What I should say is bribe. He had a
motive to lie.

Now, the only thing they can prove is
that my client was having sex with a

body. Does that make him vile?
Absolutely.

But it in no way proves he committed a
homicide. It certainly doesn't prove it

beyond a reasonable doubt.

Ms. Gamble started things off calling
this ugly.

It is.

Sometimes the job is ugly. I got to come
in here and fight for a system I

believe in even when I don't like my
client.

And it gets ugly for juries, too.

Because doing your job here means
finding that man not guilty. It

means that under the facts we have.

Now, I can't stop you from saying, the
hell with the rules.

I can't prevent you from lowering the
burden of proof if that's what you

to do. I will ask you to consider.

What if one day you or somebody you love
is charged with a crime you or he

didn't commit?

How would you feel if you, he, or she
got a jury who dispensed with the burden

of proof and just said, close enough?

It happens.

Goes against the very grain of our
criminal justice system, but it happens.

Violates every principle of our
Constitution, but it happens. The only

we have here, is it going to happen
today?

It is possible that he did find her
dead. It's possible. There's nothing

can do to disprove that possibility.

Definitely not beyond a reasonable
doubt. That's a fact.

A fact you can take back into that room.

In order for the system to work, we need
the defense attorneys to do their jobs,

even when it's unpopular to do so.

In order for the system...

To work.

We need the juries to do their jobs.

Like Ms. Gamble said, sometimes the job
is ugly.

In very few cases is the defendant
actually seen committing the murder.

A jury is allowed to consider
circumstantial evidence when making its

Here, the defendant was found raping the
victim while her body was still warm.

Our system of criminal justice doesn't
preclude you from using common sense.

Anything is possible, ladies and
gentlemen.

And our burden... It isn't proof beyond
all doubt.

It's proof beyond all reasonable doubt.

He was seen with her alive.

He was discovered with her dead.

Gee, I wonder what happened.

In the matter of Mayfield v.

Straub Industries, we find in favor of
the plaintiff, Wayne Mayfield, and order

the defendant to pay damages in the
amount of $25.

Jury is dismissed with the thanks of the
court.

We are adjourned.

Did he say $25?

Yep.

We won, basically.

Yeah, you did, Pete.

You're a big winner.

It was your closing, Jimmy.

Well, you inspired it.

You got something to say?

Yeah.

I think you're a bigot.

I also think you revealing his
condition, you probably meant to create

that would make him want to leave.

Mission accomplished, Pete.

Growing up, you thought they were just
as sick as I did.

Come on.

The difference is, I grew up.

Did I handle myself okay?

You did great.

I got goosebumps.

I was suddenly proud to be a defense
attorney again.

I'm not so sure you should be that
proud.

Do you really mean that?

You know, we're trained not to ask
ourselves a big question.

How can you defend murderers and
rapists?

We're trained not to go near that,
because if we do, we'll end up a mess.

So... We stay away, far away, till one
day we don't even

recognize the question.

And when people ask us, we just look at
them like, you don't get it, that's all.

Like they're the ones who are lost.

And it hits you.

Maybe we're the ones who are lost.

There is honor in what you do, Eugene.

You may not believe your own words in
there, but I do.

She said I can't feel.

Who?

Sharon.

And she's right.

I can't feel.

I'm afraid to let myself feel.

Maybe that's why I can be so damn
honorable.

Lock up when you go?

Yeah.

Hey, Ma.

I'm still at the office.

Just getting ready to leave.

Oh, you got company?

I'll let you go.

No, no, nothing's wrong. I was just
calling to say hi, that's all.

How's everything going?

Yeah, same.

Pretty normal.

Oh, no, nothing's wrong. I was just
calling.

Let you know I was thinking to you,
that's all.

Well, we'll talk tomorrow.

All right.

Love you too.

Will the defendant please rise?

Has the jury reached its verdict?

We have, Your Honor.

What say you?

Count 3 -2 -6 -2 -3. On the charge of
murder in the first degree, we find the

defendant, Alex Dixon, not guilty.

On the count of murder in the second
degree, we find the defendant not

On the count of lascivious... an
unnatural act, we find the defendant

The defendant is sentenced six months,
credited with time served. He is free to

go. This concludes the jury's service.
We are adjourned.

I don't believe it.

I don't believe it.

So, can I go?

Check with probation and then you can
go.