All language subtitles for The Practice s05e18 The Confession

Yeah,

car check.

Victim evidently tried to fight him off.
She got dragged.

Car collided with the pickup.

That's the driver of the pickup over
there. He's unhurt.

Suspect? Fled on foot.

No witnesses yet.

Honey?

Keep that man back. I don't care. Keep
him back.

Where did the jacking take place?

The soup read about a quarter mile back.

Why are you here? I picked it up on the
scanner.

Where's Justin? Where's my son?

Three -year -old.

We see him now.

No movement.

Oh, my God.

Do you hear anything?

No, ma 'am. I see him. I'm going in.

You don't have to see this.

Got him.

Are you okay, son? Where's mommy?

Where's mom?

Mommy.

Where's mommy?

By the time I got out of my truck, I saw
somebody running away.

I couldn't really tell if it was a man
or a woman.

How far away was he riding?

I don't know.

Seventy -five hundred yards, maybe.

You never saw his face?

No. Detective!

All right, Captain.

We picked him up half a mile south.

Out of breath, bruises. He tried to run
as soon as he thought.

Did he say anything?

Just started screaming he didn't do it.

Read him his rights. Done. Get him to
interrogation. I'll meet you there and

a blood test.

Sir.

I promised Eleanor I'd be by with dinner
a

half hour ago. It's waiting for you at
pickup.

Why can't Rebecca work late? She didn't
have a baby. All right, Jimmy. I'm just

saying, it's you and me every night,
Eugene.

Plus, I gotta bring Eleanor her food.

Jimmy. Karen.

What's wrong?

I need some help.

It's Eddie.

Oh, God.

It isn't drugs this time.

He may have... They say he killed
somebody.

Nothing.

He must have been wearing gloves. None
of the prints matched his. You've dusted

the whole car already.

No, but the wheel on the door so far.

And not a single witness. Nobody at the
Superette?

Not yet.

What happened anyway, do we know? The
husband went in to buy diapers.

The victim evidently noticed his wallet
on the seat. She ran in to bring it to

him. Ran back out. Next thing, the
husband hears screaming, runs out of the

store, sees his wife caught in the door
while the car's speeding away, dragging

her.

And this guy?

String of drug arrests or possession.

They found her purse on the side of the
road about 50 yards from where they

grabbed him.

What's his story?

Out jogging.

All right, let me take a shot.

Alone.

Eddie, my name's Helen Gamble. I'm the
district attorney.

I didn't kill anybody.

The officer told you your rights,
correct?

I didn't do anything.

I think you should let me speak for a
second, and then you can respond, okay?

We have two witnesses at the super -rat
who saw you get into the car.

Wasn't me.

The driver of the pickup also made you
after the accident.

Now, here's the thing. We do figure this
could be an accident.

All you were looking to do is steal the
car to score some drugs.

You never meant for the woman to get
hurt.

Now, if you cooperate here, I can help
you.

Wasn't me.

Who'd you vote for, Eddie?

Did you vote for George W. Bush?

George W.

Bush is your worst nightmare at this
moment. Now, why?

He proposed legislation to bring back
the death penalty in every state, and

about three weeks from passing here in
Massachusetts.

And I can tell you my office is chomping
for that first chance.

Here we have a carjacking, every
citizen's biggest fear.

A dead mother with a three -year -old
child.

The husband is a city councilman.

You're going to die, Eddie.

Excuse me, detective.

I'm attorney James Berluti.

You're holding one of my clients, Edward
Larson.

I'd like to see him, please.

One second.

Would you help me?

Just tell me that.

Now, he's right out there.

Do you know who Pastor Lucci is?

He's the governor of Massachusetts, and
he's out there.

He's a friend of George W. Bush.

Excuse me a second.

Jimmy, you were supposed to bring
Eleanor her dinner. I had Lucy do it.

I represent Eddie Larson. I heard. This
is Karen Larson, his sister. High school

classmate of mine.

Hello.

I'd like all questioning to stop,
please.

Fine. We're already finished, actually.

He's been taken to booking.

Well, how long till he's brought back
up?

We're not bringing him up. You have to
wait till arraignment.

Why? Because that's the procedure. You
know that. Booking to arraignment. You

can see him before he goes into court,
if you want. All right?

No more questions.

You have my word.

It was nice meeting you, Miss Larson.
Sorry it had to be under these

circumstances.

She better have gotten her food.

She did.

So what now?

He'll be arraigned in court first thing.
I'll meet with him in his cell before

they take him in.

Come on, let's get some coffee.

Governor Cellucci saw the news.

He's not just George W. Bush's friend,
but also Councilman Reed's.

Okay, you asked why would I want to help
you.

For me to answer that, I have to be able
to trust you.

Because what I am about to tell you
could get me in trouble.

I have a personal relationship with your
lawyer.

You may not even realize you have a
lawyer yet, Eddie.

But you do.

His name is James Berluti.

And he happens to be a lifelong friend
of your sister Karen.

Now, as a favor for her, he's asking a
favor of me.

You never heard that.

Do you understand what I'm telling you?

For God's sake, Eddie.

For your sake.

I'm the only person who can save your
life.

Tell me what happened.

I only meant to steal the car.

Somehow, her jacket...

I never meant to kill her.

You confessed?

Only that I meant to steal the car.

Did they read you your rights, tell you
you didn't have to talk? Yes.

The D .A. told me I'd get the death
penalty if I didn't cooperate.

The death penalty?

We don't have a death penalty in
Massachusetts.

It's about to pass in three weeks.

Who told you that?

The D .A.

What else did she tell you?

That she could help.

That she was doing you a favor since
you're friends with Karen.

How'd she know I was friends with Karen?

Wait a second.

This says it was signed at 9 .35 p .m.
Is that when you signed this?

Around then, yeah.

And this is when you confessed, around
this time?

Yeah, I signed it as soon as I finished.

Where did that take place?

At the police station.

I was there last night at 8 o 'clock.
Did you know that?

No.

You lied to me.

You questioned him after I was there.

You got his confession at 9 .35.

You lied to me.

I'm sorry I had to do that.

You're sorry?

You lied to me point blank and you're
sorry?

What's the big atrocity, Jimmy, that the
truth came out? Don't give me that. I

was there last night.

I saw a little boy pulled from a
wreckage.

I saw his eyes go to his dead mother.

This isn't about that and you know it.
This is about legal ethics, Helen. It's

about the law. And I acted within the
law.

You think so?

I know so.

Let's see what a judge has to say,
because I'm moving to suppress this

confession. Fine.

Have a good look in the mirror last
night.

You can do everything within the bounds
of the law to free your murderers. I

can't try just as hard to put them away?

You went outside the bounds of the law.

No, I didn't, Jimmy. Look it up.

Slow down.

I can't. I'm too upset.

She also told him the victim was married
to a city councilman. The guy's no

councilman. He's a pharmacist.

So she talked to him after you said
stop?

After? Yes. And she admits it. She says
it's legal.

Rebecca. I'm already on it. I haven't
pulled anything up yet.

I say you bring a motion to suppress.
I'm doing that. Don't worry. Have you

it yet? No, but... Good.

Do it before Judge Kittleson.

He's already been arraigned. Has this
judge assigned it yet? No, we just pled

not guilty. Good. Let's get it before
Judge Kittleson.

She won't go for that crap, and she's
seen Helen pull it before.

She lied right to my face.

Right to my face!

How could he get off if he confessed?

He's not getting off, Mr. Reed. All I'm
saying is, if the defense is successful

in suppressing his confession, our case
becomes extremely thin.

He got Miranda, didn't he?

Yeah, but... Look, the law supports
that. I'm very confident.

I think you should be with your son and
let me deal with this.

Promise me you won't let him go free,
Miss Gamble.

Promise me that.

He's not going free.

Don't worry.

I call your honor's attention to Moran
v.

Verbine. This is a 1986 U .S. Supreme
Court case. I'm aware of the case, Ms.

Gamble. Then you know the court's
position.

The state has no duty to inform a
suspect when a lawyer is trying to reach

I understand the opinion, Counselor.

It's the reasoning that troubles me.

Everything depends on the suspect's
state of mind. He knew he could have a

lawyer. He chose not to ask for one. The
fact that a lawyer was asking for him,

it's irrelevant.

That's ridiculous.

Really, why don't you call Justice
Rehnquist and tell him that?

I was intentionally lied to.

She gave me her word. She would stop
asking questions.

And I maintain I am allowed to lie.

To an officer of the court. Yes, it
doesn't matter. Eddie Larson didn't want

lawyer. The fact that I lied to Mr.
Berluti didn't influence that decision.

The Supreme Court found this behavior to
be inappropriate, objectionable. But

ultimately legal. Under the federal
constitution.

This is a case under the Massachusetts
constitution.

And in the absence of controlling state
law interpretation, the Supreme Court...

Can I finish what I'm saying?

Please.

As of now, the states are divided.

In some, it's still okay to keep a
suspect from his lawyer.

But the majority of states reject that
rule.

New York, California, Florida, they all
say the same thing.

A suspect has a right to know when his
lawyer is trying to reach him. That's

the law in the Commonwealth of
Massachusetts.

It's never been addressed here.

I'll take the matter under advisement.

I'll let you know when I make a
decision.

Until then, we're adjourned.

Come on, Helen.

You know, don't you start on me.

I will. What you did was... Look, you do
what you do. I do what I do. Why is it

personal every single time I try to...
Because you lied to me, and that's

personal. Oh, you know, for God's sake.

That's enough.

You accuse innocent people in an open
courtroom. Well, this is different. Now

you want to be quiet, and you want to...

Wait till my ruling. Until then, try to
conduct yourselves with some civility.

Do you think I was wrong?

Absolutely not.

Of course we're allowed to lie.

That's why I went into law.

Defense lawyers...

They cheat all the time, calling
themselves civil rights activists if

serial killers back out on the street.

But with us, it's a big double standard.

I did feel a little greasy.

But Richard, without this confession,
he'll go free.

He dragged a woman to death.

You have nothing to apologize for.

I need the speech.

Which one?

Anyone. Just give me any speech.

It's an evolving cesspool.

With the proliferation of drugs and
guns, compounded with a total national

bankruptcy, kids being raised with no
compass of right and wrong, there is

There is violence.

There is depravity on every street in
every city. And with the cancerous

corruption of police officers, it now
falls to the district attorney alone to

stem the tide, to fight the outbreak of
lawlessness that is spreading like a

fungus. We are it, Helen, the
prosecuting attorney, the district

noble prosecutor.

We represent the last bastion of
morality, of justice, and of truth.

And if we have to lie to keep it that
way, we will damn well do it.

Got her decision.

Uh,

Miss Gamble.

Hey.

How's he doing?

Oh, you know, I wouldn't have brought
him, but he's a little clingy.

Yeah.

Is this unusual, that the judge would
rule so fast?

I don't know. I'm hoping it's a good
sign.

If she were going to depart from the
Supreme Court, I suspect she would have

taken at least a day or two to consider
that.

Mr. Reed, my brother... I know.

He would never intentionally hurt a
person.

Sorry for your loss.

We should go home.

All rise.

Be seated.

Ms. Gamble, while I understand your
gallant pursuit of justice, it is

unfortunate you choose to do so at the
expense of your own integrity, as well

that of the process.

Nonetheless, the Supreme Court has made
its decision, and while I respectfully

disagree, I am bound to accept it.

I find Ms. Gamble's actions did not
violate our federal Constitution.

The motion to suppress on those grounds
is denied.

This is, however, a state prosecution
and must be considered also

in light of our state constitution,
which, without binding precedent, I am

charged to interpret to determine if it
grants the citizens of this commonwealth

more protection than our federal system
provides.

I find that it does.

I find that in Massachusetts, the police
must inform a suspect when a lawyer

tries to render assistance.

Your Honor.

Sit down, Ms. Gamble.

Moreover, it's bad enough that we have
DAs lying to suspects.

But when they start lying to defense
counsel as well, we...

are the system, Ms. Gamble.

The players have to play honestly.

Mr. Larson's confession is hereby
suppressed.

Without the confession, I find
insufficient evidence to hold the

is free to go.

This case is dismissed without
prejudice. This court is adjourned.

Thank you, Mr. Willoughby. Thank you.

Congratulations.

So,

it's

over. Well, we can always refile, but...
But what?

Well, without the defendant's
confession, we basically have no case,

What about the gloves? I mean, they
found the gloves. The gloves don't

tie the defendant to the car.

Plus, we can't use the gloves.

Why not?

Because he told us where to find them.
Anything his confession led us to,

it's... It's fruits of a poisonous tree.

So you doing what you did... Basically
secured this man's freedom?

What I did appears to have backfired.

Yes.

They can refile.

No double jeopardy has attached.

If anyone comes calling for an
interview, say no.

Right now, all the prosecution evidence
is connected to the confession.

And as long as it stays that way, you
stay free.

He's not going to talk to anybody.

I'll make sure of that. I'm not a
murderer, Mr. Young. Eddie.

All right.

We don't need to do this.

I didn't even know there was a kid in
the car.

And I didn't know she... I just sped
away.

I didn't know she was caught in the
door. You didn't hear her. No, I didn't

anything.

Until from the back seat I heard a
little... voice.

I heard, where's mommy?

I turned and I saw him.

A little boy.

That must have been when I ran the stop
sign.

When I got out of the car, I saw her
lying there.

I didn't know what I'd done.

Edward Larson.

We're with the FBI. I think you better
go get him. Sir, he's behind closed

doors. Miss, we're going to get him with
your permission or without your

permission. Okay, I'll get him.

They say they're FBI.

What's going on? We're here to arrest
Edward Larson.

Why? What's happened?

Edward Larson, you're under arrest for
the murder of Constance Reed.

Hold on.

Those charges were dismissed.

The charge is federal carjacking.

Pursuant to Title 18.

United States Code, Section 2192. You
have no right to do this. You have the

right to remain silent. You have no
right to do this. Please put your hands

behind your back, sir. Don't say
anything, Eddie. We'll meet you down

Don't say anything to these people.

Are you behind it?

Eleanor, I can't talk to you about this.

Why? Why? Because you're a partner
there. As roommates, we can... As

we fight over Scrabble. Please, I'm not
about to discuss this case.

Can you just tell me why you're pushing
it so?

He did kill a woman.

Have we all lost sight of that?

Nearly all of your cases are homicides,
Helen.

You're pushing harder on this one.

Why?

You know what went through my mind that
night?

As they were pulling that little boy
from the car and his mother was laying

on the street, I thought of you.

And I thought of Lindsay.

And I tried to imagine your child having
to...

If you were killed.

And I couldn't even imagine it, Eleanor.

I also made a promise to that husband.

The father.

To answer your question, yeah.

I'm behind it.

This is blatant form shopping, Your
Honor. They lost in state court, so now

try federal. We're certainly not bound
by state court.

You're bound by fairness.

Well, I don't see the problem, Mr.
Young. Your client is charged with a

crime, and that charge should be heard
in a federal court.

Well, as you can see, the state court
threw out the confession because it was

obtained after the local DA lied to
counsel.

Yes, Judge Kittleson made a
determination that lying to counsel was

impermissible under Massachusetts law.

But again, we're in federal court now,
and what the district attorney did is

permissible under federal law.

Look, my client was coerced into
confessing, not by the federal

state prosecutor acting under state
authority.

Now you're saying something completely
different.

Are you suggesting the confession wasn't
voluntary?

Yes. In addition to Helen Gamble lying
to me, she coerced the defendant with

threat of a death sentence.

Well, if you want to move to suppress on
that, I'll hear you.

But her lying to you, she can do it.

What do you want to do?

We're moving to suppress on grounds that
the confession was a result of

government coercion.

11 o 'clock.

Have your witnesses ready.

Well, hold on one second.

Our client is stupid.

And why should that concern me?

Well, I'd ask... Your Honor, that
whatever he says in this suppression

it can't be used against him in trial.

What? We would never let this idiot take
the stand, not in a million years.

But he's the only one who can testify as
to what happened in that interrogation

room. So what do you want me to do?

I want you to give him testimonial
immunity.

You can't be serious.

Mr. Young, they can't use his testimony
as part of his case in chief.

But to impeach... I'm not talking about
impeachment.

I'm talking about new evidence that my
client might be stupid enough to give

them. New information that the
government doesn't have yet, and if he

need an order.

Anything they learn from my client can't
be used against them. That has never

been granted for new evidence.
Otherwise, the government gets a

windfall from a coerced confession.

He has a point.

First of all, it wasn't coercion. We
won't know that until we have a hearing.

And the hearing would be Eddie Lawson's
version of events.

And there's no way I can put him on the
stand if what he says can be used

against him in trial.

I need immunity.

I oppose.

I'm granting the defendant's request.

On what authority? You're granting him
special protection on grounds of

stupidity? When an ingenious district
attorney preys on that stupidity, yes.

He gets use immunity for his testimony
at this hearing only.

Now... Let's all get real for a second.

If the confession gets tossed, the man
goes free.

If it survives, he's looking at a sure
conviction with a life sentence.

There's got to be a meeting place,
gentlemen.

Let him plead to the charge. Cap a
sentence of ten years and we're going to

sleep.

We'll take that to our client.

No.

You're sure, Mr. Sanders?

I'm sure.

First she told me they had witnesses,
which turned out to be a lie.

Then she tells me Massachusetts is about
to pass the death penalty.

Did you believe her? Yes, I did.

She said they were passing it everywhere
and that Massachusetts was about three

weeks away and I would be executed.

Carjack, dead mother, city councilman.

She looked me right in the eye and said,

You are going to die.

What else?

She said she could help me.

If I confessed, she could keep me from
dying.

That she'd do a favor for you because
you're friends with my sister.

Mr. Larson, were you in actual fear of
dying? Yes.

She said Paul Salucci saw it on the news
and he was waiting outside.

She told you that Governor Salucci was
at the police station?

And he scored big points with the
president by executing me.

So when you decided to confess this
crime to Miss Gamble... I thought I had

in order to save my life.

If I didn't tell her what she wanted to
hear, I was dead.

Thank you, sir.

Miss Gamble told you there were
witnesses who saw you get in the car.

Yes. Witnesses who saw you drive off,
dragging the wife?

Yes. Did you know right then that she
was lying to you, sir, or did you find

later?

I found out later.

So you were afraid people really did see
you commit the crime.

Yes, I was.

And you believed Massachusetts was about
to pass the death penalty.

Yes. And you believed Governor Cellucci
personally came down to the police

station to see that you were executed.

She told me he was friends with George
W. Bush. That's right.

I did tell him he could get the death
penalty, yes.

And Governor Cellucci?

Well, I don't know whether he bought
that. What seemed to make an impression

the idea that we had witnesses.

How did that make an impression?

I told him he was seen getting into the
car, dragging the woman.

I also said the driver of the pickup
made him.

When I told him that, his face dropped.
He knew he was facing a conviction.

Objection. In my opinion.

What else did you say to him?

That was pretty much it.

I mainly tried to sympathize as best as
I could, so he would believe me when I

promised to help him.

And did you plan on helping him, Ms.
Gamble?

No. You're the only person who had the
opportunity to observe what it was that

persuaded Mr. Larson to confess.

That's correct.

In your opinion, what did persuade him?

Basically, it seemed he knew he was
caught.

His only shot for leniency was to
cooperate.

Thank you, Ms. Gamble.

That's what convinced him, huh?

That he was caught?

In my opinion.

Your opinion?

Ms. Gamble, the night my client was
arrested, we had a conversation in the

precinct. A conversation where you
promised not to question my client,

Yes. And after waiting for me to leave,
you nonetheless continued to question

him. Yes, but to be clear, that is a
legal tactic authorized by the United

States Supreme Court.

Is it a legal tactic to lie here today?

Objection. This hearing isn't about what
Ms. Gamble told Mr. Berluti. Ms. Gamble

is giving testimony that puts her
credibility in issue. The fact that she

to counsel goes to her credibility, her
reputation for truthfulness.

I'll allow it.

You lied to me, didn't you, Helen?

Objection to the informality. The
informality is because we're friends.

Are we not friends, Helen? I don't know,
Jimmy. Are we? You lied to a friend.

Objection. All right, Mr. Belluti. After
you left that interview room to see me

and you went back in, you told Mr.
Lawson that you went out to see Governor

Salucci, didn't you?

Yeah. And did you tell him Governor
Salucci witnessed a crime?

No. You told him Governor Salucci had an
interest in seeing Mr.

Lawson put to death, didn't you? I
intimated that, yeah.

And it was shortly after that... Mr.
Lawson gave you this confession, wasn't

That was the timing of it, not
necessarily the reason for it.

I guess we have your word on that.

Objection.

Nothing further.

Mr. Sanders?

Nothing else, Your Honor.

All right, the witness may step down.

Does the defense have anything else?

I'd like to make a closing statement,
Your Honor.

I'll hear you.

She told him he would die.

Clearly, the intent was to scare him, to
put him in fear for his life, and it

worked. But when you put a gun to
somebody's head, and effectively, that's

exactly what Helen Gamble did.

You can't call the resulting behavior
voluntary.

The coercion here was blatant, it was
egregious, and it is illegal under our

Constitution.

The federal one.

Now, the United States Supreme Court has
spoken on this, and they've done so

unequivocally, Your Honor.

Confessions are not admissible if they
are not voluntary. She told him, you

die if you don't confess.

Mr. Larson made this confession to save
his life.

It was involuntary, it was coercion, and
as a matter of law, it is

unconstitutional.

Mr. Larson was given his Miranda rights.

He could have stayed in that room and
remained silent, and there would have

nothing Ms. Gamble or anybody else could
have done to make him talk.

When he started talking, Ms. Gamble had
every right, in fact, she had a duty to

interrogate him. Once you start talking
to the police, they have the right to

talk back, to question, and yes, to
interrogate.

Every interrogation, Your Honor, almost
every one of them.

The police interrogator threatens the
suspect with the sanction of the law.

Cooperate or you'll be punished more
severely. That's an interrogational

employed by every detective.

Helen Gamble threatened Eddie Larson
that way, said he would be punished to

full effect of the law, that being the
death penalty. Yes, except that

Massachusetts doesn't have capital
punishment.

No, they don't, but that goes to
trickery, Your Honor. Yes, she tricked

Yes, she lied, but there's no
constitutional prohibition against that.

allowed to lie to suspects if we have
to.

The kind of threat...

Mr. Young speaks of, the kind banned by
the Supreme Court, that goes to the

threat of physical force or the threat
of lawlessness. Nowhere ever does the

court say that a police interrogation
can't threaten aggressive prosecution,

that is all Helen Gamble did.

And finally, Your Honor, let's remember
the underlying concern the court had

about coercion. The worry was an
innocent man.

might confess to something he didn't do.

Now, that concern clearly isn't in play
here. Mr. Larson dragged that woman to

death. He said as much.

Now, that may not be technically
relevant for the purpose of this

think Your Honor might consider it for
texture.

Every case has a context.

A woman is dead.

And we're not here asking you for a
conviction.

But at least give us a trial.

Do you think he'll take a long time to
decide?

Well, he asked us to stick around.

That tells me it'll be quick.

What do you think?

I don't know, Karen.

I think the confession was coerced, but
no judge likes to put a guilty man back

out there.

I just don't want him to lose his whole
life.

Here comes Eugene.

They still don't want a deal.

It's in the judge's hands, Karen.

Thank you, Miss Campbell. I know how
hard you've tried here.

Listen, I may have made a mistake with
the confession.

If so... All

right.

The problem in making these
determinations, the test is mainly

objective. It has to be.

Constitutional rights can't be
customized depending on the intelligence

suspect. We apply a reasonable man test.

Here, the reasonable man.

quite likely wouldn't have felt coerced
by Ms.

Gamble's conduct.

The reasonable man quite likely wouldn't
have thought that Governor Cellucci was

waiting in the wings or that the death
penalty was about to pass into

legislation. But the test has a modicum
of subjectivity.

Most criminals are stupid.

While I'm loathe to start giving them
special protection for the very lapses

judgment which factor into their
decisions to commit crimes in the first

the bottom line is we have to decide on
a case -by -case basis.

Was the confession made voluntarily?

To really know, we would have to get
inside Mr. Larson's roomy skull, which

really can't do.

Based on what I've heard in this room,

I feel Mr. Larson was, in fact, coerced.

And I'm suppressing the confession.

I therefore also dismiss the case
without prejudice.

And the defendant is free to go.

Again, thank you.

Will I be arrested anymore?

I don't think so.

Is that... Yeah.

We'll see you.

Okay, thanks.