All language subtitles for The Practice s04e22 Life Sentence

Hey, Richard.

Never mind.

What do you mean, never mind? I called
your name. With a tone. All right, come

on.

I'll give you voluntary.

Make it involuntary you have a deal.

Can't.

Richard. I've got marching orders.

Remember, this thing was on tape. We've
got a public outcry to deal with. Public

outcry? The public is with her.

Eleanor, I'm giving you manslaughter for
a premeditated murder.

Why can't you ever take a gift and
smile?

It is a good deal, Sally. The only
possible defense we have is temporary

insanity. And because you don't want to
say that you were insane... How was it?

Well, then I think that we should jump
at manslaughter.

you would probably be sentenced to eight
years.

And with any luck, you would only have
to serve three or four.

Sally, you shot an unarmed man.

If somebody raped and murdered my
daughter, I might have done the same

But the problem is, you planned it.

If we go for a not guilty on the
elements, you could be going to prison

life.

Take the manslaughter.

Enough, Sally.

Enough.

Okay. So the trial will start tomorrow.

Guard.

Hey, we're going to see you at the
courthouse.

How could she not take it? She doesn't
want to serve three years. She'll be

serving life if she doesn't accept it.
Bobby, I told her that. So did Jimmy.

wants to try to beat it. Did you tell
her the odds? Yes, we did.

So what, are you arguing insanity?

Well, unfortunately, she doesn't want to
do that either. Who's in charge here?

She is. She's the client, remember?

And you're her lawyer, which means you
need to make her understand. Bobby,

lecture me. Judge Hiller is sitting. She
won't let you argue nullification. You

know she won't.

Have we got a psychiatrist to say she
was insane?

I got Dr. Tippett on standby.

I am telling you, she will not let us do
it. Eleanor, this thing is all over the

news. Which means if Sally Bird goes
down on murder one, we'll be played for

idiots, not her. Oh, so this is about
our ego?

Partly, yes.

But it goes with her best interests.

You go back to her. Make her see if she
doesn't plead insanity. We tried.

Try again.

If she refuses, file a motion to
withdraw as counsel.

Bobby, this is just like our rabbi case.

Maybe we could argue moral duress again.
No, Jimmy, because this time we have

Judge Hiller.

Go back to the client who either takes
manslaughter, pleads insanity, or we

withdraw.

Hit him.

All right, listen.

As much as you're opposed to it on
principle, we all agree that if we're

to go to trial, we have to. have to go
with temporary insanity the only other

choice we have is jury nullification and
that judge will shut us down in a

second but if we win on temporary you
could avoid prison altogether you have a

chance but you have to let us do our job
if we're to give you the best

representation what did you say she just
called me a bitch look i don't need you

and i don't need this case you could get
life i don't really care You...

What?

What's going on?

We're pleading temporary insanity.

Richard? Helen. To what do I owe this?

Uh, well, actually, I was just assigned
second chair.

Excuse me? It's getting a lot of heat,
so... They put you on to, what, backstop

me?

I asked to be put on it.

Why?

Well... Helen, what's going on?

What's going on is you're a little under
review.

What do you mean I'm under review?

You've dropped some big trials, and in
addition to losing these cases, you've

also lost your poise.

Especially against Eleanor Frutt.

Richard, it's an election year. There
could be some changes.

You don't want this one getting away
from you. Trust me.

So you asked to be put on because I
could lose my job?

It hasn't come to that.

But we don't want it to.

There isn't a DA.

In this department, who goes in more
prepared than I do? Every single trial.

know that.

But you've had some pretty high -profile
defeats, and you've been somewhat of a

loose cannon.

Richard, let's just win this.

390 people?

It's not my fault. You invited 390
people to our wedding?

I didn't invite them. The idiot at the
stationery shop made a mistake. There

were two lists. One was just a notice of
our marriage. After the wedding, she

sent invitations to both lists. What's
going on?

390 people got invited to our wedding.
So what do we do now?

Uninvite them? Send out a notice? Hey,
we never meant to include you.

It wasn't my fault. Lindsay, you were in
charge of this. Only because you

couldn't be bothered.

I couldn't even get you to look at the
invitation.

Well, this is my fault. Well, it isn't
mine. You want to get married, but I

to do all of the planning. Hey, if it
were up to me, we'd elope. You know

You plan it.

390 people? I don't even know 390
people. I think you both are acting out.

out of it.

We had just taken Mr. Whittier into
custody.

Where was that?

At his own house.

And as we were leaving the dwelling, I
observed Miss Berg approaching from

across the street.

What happened next, officer?

My partner and I both instructed her not
to approach, but she kept coming.

Then, suddenly, she's raising a gun,
saying something about her daughter.

This woman right here?

Yes. We then reached for our own
weapons, but it was too late.

Your Honor, at this time, we'd like to
play the videotape. Go ahead, Mr. Bay.

This arrest, of course, has been
anticipated since early this morning,

Um, this is Michael Whittier. He is in
custody. You see him there in the

and he is apparently offering no
resistance.

Michael Whittier, one... Okay.

At this time, I'd like to direct your
attention to the right side of the

This happens pretty quickly.

Again, a suspect in the rape and murder
of seven -year -old Jessica Bird.

Rumors of his arrest have been imminent.

He's been shot!

Michael Whittier has just... been shot
someone has fired i know i heard at

two shots but he is down michael
whittier has just been shot the police

shooter but i can't see he has been shot

officer finley do you see in the
courtroom

the person who fired those shots it was
the defendant

I don't mean to be nosy. You don't mean
to be nosy? Since when?

Look, obviously you two are fighting.
We're not fighting. Well, she's

but you're just not involved enough to
realize it. Lucy, I think you should

stay out of things. Is that possible?

Foley Depot.

Thank you.

We go in for our marriage license today.
You did manage to remember that?

Yes. Good.

What is your problem?

Problem? I don't have a problem. Look,
Lindsay, you screwed up the invitation.

Maybe if I had a little help.

Here we go.

Don't here we go me.

I've had to do everything, Bobby.

You know, I had to make the list. First
you complained that I was booking

everything. I meant the church and your
dead mother's dress.

But when it comes to doing all of the
work, you know, you just can't be

bothered. Well, I'm bothered now.

I don't think you even want to be
married. Here we go.

Don't here we go me. If you here we go
me one more time, I am going to scream,

okay? Do you hear me? Listen to
yourself.

Oh, and I hate that when you listen to
yourself. Here we go and listen to

yourself. If you ever say those things
in our marriage, I will scream, okay?

It's good to know these things before we
become husband and wife. You know, this

is very, very healthy.

Bugger off.

Well, it's nice to know you can make her
scream.

As you can see, we were back far enough.

There she is getting out of her car.

She's got something in her coat.

She's moving across the street. The
police are all on the street, so there's

one stopping her.

Okay, here it comes.

She pulls out the weapon.

Bang, bang.

She drops the weapon and puts her hands
up.

And she's tackled by the officers.

That's pretty much it.

What do you mean you can't testify?

Look, I didn't think she was insane to
begin with. I was prepared to say she

might have been. So what's changed?

That tape I just saw. I hadn't seen it
before. And clearly she is calm,

composed. That doesn't mean she wasn't
in a rage.

Maybe she was, but you're asking me to
testify she couldn't distinguish right

from wrong.

I can't say that.

She put her hands up over her head very
calmly after she fired those shots. That

tells me she expected to be arrested.

It tells me she knew what she was doing
was wrong. Oh, come on!

This defense was a stretch to begin
with, Eleanor. I can't stretch it that

You have before.

No, I haven't, Eugene.

And certainly not on television.

I have a professional reputation, too.
You ever think about that? Think about

it? We're paying you for it. We gave you
$10 ,000.

I'll refund the money.

You can't jump ship like this. I am not
about to commit perjury. And if I

testified I thought your client was
temporarily insane, I would be doing so.

If you don't testify, she could be
facing life.

Your client committed murder, Eleanor.

You don't want to be introducing my
opinion.

Now what?

We get Dr. Lanning.

Dr. Dope?

At least he'll say what we want.

This is just great.

I think I should take her cross.

Why? No offense, but I just think I'm
able to come off more sympathetic than

you. You sympathetic?

Richard, it's a woman on trial. She lost
her daughter. I just think it makes

more sense to have a woman cross her.

Yes, I think I can go softer than you.
It's not your strength.

How close am I to losing my job, Helen?

I didn't say you were about to lose your
job.

Just that I'm under review.

Let's just forget about ego.

Let's just concentrate on getting this
conviction.

And your social security?

062360749.

Okay. First marriage for both?

Yes. Fine.

And do we have copies of our blood test?

Oh, excellent. Okay.

This is an AIDS education pamphlet,
which I'm acquired under Massachusetts

to give you. Fine.

All right, I just need $25 in cash.

What? Okay, here you go.

Have a wonderful marriage.

She had been missing for two days when I
got the call from the police.

The call?

They said they thought they had found my
daughter.

And they asked if I would go to the
coroner's office.

To identify her. And did you go?

Yes.

They took me into a room and showed me
her body.

And she was dead?

Yes.

Did you make the identification?

Do you have any other children, Sally?

No. And Jessica's father?

He died three years ago.

At some point, you became aware that Mr.
Whittier was a suspect in Jessica's

death. Yes.

I thought on the morning news that his
psychiatrist had turned him in and

the police were planning to arrest him.

Had you ever met Mr. Whittier before?

Yes. He was Jessica's soccer coach.

I would like for you to tell the court
what happened on that morning.

I took my gun.

I drove to his house.

I saw that the police were already
there.

I parked my car two houses away.

And I waited.

Waited for what?

For him to come out.

Why?

So I could kill him.

Can you tell the court what you were
thinking when you approached him?

I was thinking about...

About Jessica?

Her last minute.

How she probably couldn't understand why
this was happening to her.

What was going through her mind when his
hands were

around her throat?

When he was inside of her.

She was only seven.

She was only seven.

Of course I want to marry her.

Then act like it.

What have I done?

You've done nothing, Bobby. That's the
problem.

She shows you her dress. You hardly
glanced at it. The invitations, you

be bothered. You've completely
disengaged. I don't blame her.

All that stuff is so trivial.

It's a big deal to her.

Bobby, this is the biggest day of her
life.

That should mean something to you, does
it?

Of course it does.

Then show her that.

We're in May. You got a June wedding.
You haven't even picked out your best

yet. Look at me.

You are always on the hustle.

Don't let your wedding day suddenly
sneak up on you. You're always dashing

to court trying to get this guy free,
trying to get that guy bailed, trying to

overturn what happened to the other guy.

Lindsay's your life.

I know that.

Show her that, too.

How many days after your daughter's
death did you see on the news that the

police were about to make an arrest?

Three. And after hearing this news, you
then retrieved your gun?

Yes. You then called your real estate
broker and canceled your appointment?

Yes. Then you drove to the suspect's
house?

Yes. And you decided to park at a
neighbor's house?

So you wouldn't be detected by the
police?

Yes. Where do you keep your gun at home,
Miss Berg?

In a safe.

Combination safe?

Yes. Do you keep it loaded?

No.

I have to load it.

Thank you.

Miss Berg, I'm deeply sorry for your
loss.

You're here to put me in prison, Miss
Gamble.

Don't tell me how sorry you are.

Unless you've had a child taken from
you, you can't begin to understand my

Miss Pratt, the witness may step down.

Please call your next witness.

The defense rests.

Explain that to me.

I will. We don't even call an expert?
Sally was our strongest witness. Better

rest on her than Dr. Dope, who Helen
would have cleaned and boned like a

We need somebody to say she was insane.

No, we don't. Yes, we do. We have an
affirmative defense, Eugene. We have a

legal burden to prove it. Eleanor.

Our case won't depend on proving Sally
Berg was insane.

Everybody in the room knows she wasn't.
We know it. The prosecution knows it. So

does the jury.

Our case is getting those 12 people to
want to send her home. And Sally's

testimony is what we need to ring in
their ears.

Not Dr. Lanning who goes from courthouse
to courthouse collecting cashier's

checks. Our defense is a motion.

We rest on the highest note.

I agree.

You're forgetting Judge Hiller. She is
going to instruct. If our case came down

to Dr. Lanning, we'd be dead. He's
right, Eleanor.

Temp and sanity, we're just arguing that
with a wink.

The jury knows it. If we try to fool
them, we just lose credibility.

Eugene's right.

It's a big risk.

But we have to take it.

You ready to close?

Well, I guess I have to be.

That was very moving for me, getting the
marriage license.

How was it for you?

Why are we fighting?

We always seem to fight when we talk
about getting married.

Why? I don't know.

Do you want to get married, Bobby?

Lindsay, I would marry you tonight.

I just... I just hate weddings.

And I'd be lying if I said I was getting
all excited about this ceremony.

How can a person hate weddings? Because
it's all about the catering and dresses

and... flowers and who's invited and
who's sitting at whose table it should

the most intimate moment of a couple's
life and they spend the day hoping that

the guests are taken care of there's so
much pressure that everything goes

smoothly i hate weddings

Would you really rather elope?

Truthfully, yes.

It would be me and you without all the
distractions, but I know you want the

wedding day, and if that's your dream...
I wish it were your dream.

Lindsay, I've only had two dreams my
whole life. One was to pitch for the Red

Sox. The other was to meet and marry the
greatest woman in the whole world.

One for two isn't bad.

Now, if I could just get you to take a
little medication for your mood swings.

Is that so?

Oh, oh, oh, okay, okay, okay, uncle.

I suppose we could pass a law.

If you kill my child, I get to kill you.

If you rape my child, I get to kill you.

On a pure emotional level, that doesn't
really offend me, truth be told.

On an emotional level, I admit to taking
some satisfaction in Michael Whittier's

death, if he did what he was accused of.

I say if because I'm not sure yet.

Michael Whittier never got his day in
court.

He was executed before proven guilty.

None of us can take any satisfaction in
that, emotionally or intellectually.

One of the reasons we have laws is to
prevent people from going around with

being ruled by their emotions.

I sympathize with Sally Berg, as I know
you do.

But she wasn't acting out of insanity on
that day.

She made a series of conscious choices.

She had the steadiness of hand to open a
combination lock.

to load a revolver, to drive a car
through traffic without incident.

She had the presence of mind to park
where she could avoid police detection.

She had an understanding that what she
did was illegal, as indicated by her

raising her hands in surrender
immediately after firing the shots.

She willfully, deliberately, with malice
aforethought,

committed a premeditated murder.

I don't think there's any doubt about
that.

The only real question here is whether
you'll embrace her vigilantism by

becoming vigilantes yourselves, or
you'll instead uphold the law

you swore to uphold.

This is your trial now, ladies and
gentlemen.

This is your society.

I am not a psychiatrist, and neither is
Mr. Bay.

But I know of no medical opinions or
studies that say rage

automatically makes you act wildly.

Sometimes if the rage is profound
enough, I would imagine it could take

over to a point where you are even
capable of cold, methodical vengeance.

This is the kind of profound rage.

and grief that took over Sally Berg.

I won't pretend to know what was going
on inside her head. I have never had a

child raped and murdered.

And I would guess none of us here would
presume to know such horror.

This is Jessica Berg.

She loved to collect and trade Pokemon
cards.

She liked her stuffed animals more than
her dolls.

She loved to play soccer.

I would like to take a moment.

And I would ask you to try.

And imagine the last few minutes of her
life.

Imagine being her mother.

You're going to elope? Shh.

He'll hear you.

Well, isn't he going to be a part of it?

I'm going to surprise him.

You're going to throw a surprise
elopement? This is the best way to

390 invitations. We elope and tell
people that we're already married, and

we can have a small ceremony later and
invite the people that we really want.

Tonight?

Tonight. Like in three hours from right
now?

Yes.

Oh, my God.

Yeah.

If I lose this trial because you
cried... They didn't see me cry.

So you cover your face. I doubt they
thought you were trying to hide a

The problem isn't me crying. The problem
is there were tears in the juror's

eyes.

Look.

Eleanor said she'd still be willing to
take involuntary.

I think we should give it to them.

I thought they said no to that upstairs.
If she walks, they'll hate that word.

I'll talk to Scott. No.

Helen, if we plead out on involuntary,
the perception upstairs will be I lost.

I need a guilty here.

This can't be about job security.

Maybe for you.

You're not under review.

Richard.

She committed a first -degree murder,
Helen.

I don't want to give her involuntary.

And I don't want to lose my job.

The judge is going to keep them until 9
since it's Friday.

And if they haven't decided by then,
they're going to suspend until Monday.

Me too.

Richard said no to involuntary.

Why? Principal, I guess. You can
overrule him, Helen. It's his call.

Eleanor, can I talk to you in private
for a second?

I just talked to Lindsay. She and Bobby
are getting married tonight.

What? She's surprising him with an
elopement.

Oh, men just love to be surprised like
that. Are you serious?

Yes. She says she wants us to be there.
I said we could be here till nine. She's

going to try to hold the service, but
the priest's got a plane to catch.

Is she pregnant?

No. She says it's what he really wants.

She wants to surprise him.

Helen. Eleanor.

Jerry's back.

The defendant will please rise.

Madam foreperson, the jury has reached a
unanimous verdict. We have, Your Honor.

What say you?

Commonwealth versus Sally Berg on the
count of murder in the first degree.

We find the defendant not guilty.

On the count of murder in the second
degree.

We find the defendant guilty.

Members of the jury, this completes your
service.

Security, take the defendant into
custody.

We are adjourned.

We're going to appeal.

We will appeal it.

It's a life sentence.

But we're going to do everything that we
can.

I promise.

All right, enough is enough.

What the hell's going on? Well, this is
your bachelor party. Bachelor party?

Rebecca, guys are supposed to throw
bachelor parties. Yeah, we just wanted

make sure you got one.

You know, sometimes weddings can just
sneak up on you. And how sad would it be

if you didn't actually get to have a
ba... Ow!

What happened?

Rebecca just hit me.

Where am I? All right, all right, all
right. Turn around.

Should I get this out? No, no, no. What
signal?

Okay, take your blindfold off.

Now, Lucy.

What?

I'm in Fenway Park.

Yes, you are.

But why? What am I doing here?

Well, you're doing what everybody does
in Fenway Park. You're eloping.

Excuse me?

You're eloping.

Is this for real?

If you want it to be.

Hey, Bobby.

You can do this?

I got special permission from the
bishop.

And this would be official?

Like Pearl Harbor. Quiet.

It would be official.

I figured we could have a more
traditional ceremony a little later with

families and close friends.

But tonight, I thought you might like to
pitch for the Red Sox.

I'll catch.

I don't mean to rush, but I've got a 10
o 'clock flight. You're not rushing. I

want you to do this right.

Sure.

Let's get married.

Hold on.

Did we miss it?

I think you're about to.

Oh, God, I'm going to cry.

In addition to the flight, I'm getting
old.

Can we, uh, huh? Okay.

Ready. If you are. I do. I am.

Look, they're on the scoreboard.

Please.

Father. Okay.

Now, this obviously is not a cathedral
known for its happy endings.

But Fenway Park certainly is a symbol of
a deep, lifelong commitment

of joy and of pain.

Father.

Aye, Bobby.

Take thee, Lindsay.

Take thee, Lindsay.

To be my wedded wife.

To have and to hold.

To be my wedded wife.

To have and to hold. From this day
forward, for better, for worse. From

forward, for better, for worse. For
richer, for poorer, in sickness and

I've been memorizing this for a long
time.

Love and to cherish.

Though death has to pardon.

I, Lindsay.

I, Lindsay.

You haven't memorized this, have you? I
need a little help.

All right.

Take thee, Bobby, to be my wedded
husband.

Take thee, Bobby, to be my wedded
husband.

To have and to hold from this day
forward.

To have and to hold from this day
forward.

For better, for worse, for richer, for
poorer.

For better, for worse, for richer, for
poorer. In thickness and in health, to

love and to cherish.

insignificant health, to love and to
cherish.

Till death do us part.

Till death do us part.

Do you have the rings?

Not yet.

Oh, all right.

Then by the powers vested in me, under
the Commonwealth of Massachusetts, under

God, and I suppose under the Boston Red
Sox, I now pronounce you man and wife.

Guess that means he's off the market
now.

I

love

you.

I love you.

Do we all get to go on the honeymoon?

One toast.

Thank you all for being here.

Probably goes without saying, which is
good because I never say it, but...

You people are my best friends.

You mean the world to me.

And, uh, this woman, she is my world.

People shouldn't cry at the baseball
field. Let's go.

I love you.

I love you.