All language subtitles for The Practice s06e01 The Candidate 1

Keith?

There's been... What's wrong?

Where's Marsha?

She's taking a shower.

Why aren't you dressed?

My clothes are in the wash.

Keith?

Put this on.

Hello, Eleanor.

Marcia?

The master bedroom.

Just go look.

Just let me handle it. Don't you think
you've handled things enough? Are you

serious?

Have you called an ambulance?

He seems a little dead for that.

What about the police?

We called you.

Given the man died in our house, we were
nervous about becoming suspects, so we

notified our attorney.

So the police haven't been called at
all?

Not yet, no.

Do you know who the victim is?

His name is James McNown.

He's a business associate of Marsha's.

What happened?

If knowing the truth would prevent you
from representing me, Eleanor, you're

getting it.

How are you doing, sweetie?

Okay.

Hi, Eleanor.

Hi, Allison.

Okay, look, we have to notify the
police.

Then what do we tell them?

None of us has any idea how it happened.
None of us saw it.

He just showed up in your bed dead?

Yes.

That's not going to sound very
convincing, Keith.

I'm placing myself in your hands now.

I'll tell you as much or as little as
you want to know. It's up to you.

But I don't want to say anything that'll
keep you from representing me.

So tell me what you want.

You have blood splatterings on you.

Go take a shower. I'm going to call the
police in ten minutes.

I don't exactly know. Did he tell you
anything?

Only that I don't want to know.

And my educated guess is that he shot
him.

Eleanor, take a walk.

Don't let anybody see you.

Told your clients you're refusing to
give any statements.

Choosing not to give statements.

Don't you think it kind of makes them
look suspicious?

Well, then, as suspects, They're
exercising their constitutional rights

Eleanor, I can't accept anyone's version
of the event if no one gives me one. I

sympathize, Ellen.

But the burden is on the state to figure
out what happened. And as a state

senator, I would think your client would
want to assist the Commonwealth in that

burden. Well, you would be wrong.

You represent the wife and the daughter,
too. That is correct.

No conflict of interest there? None.

You're not going to let any of them talk
to us?

Correct.

How we doing?

Arrest Senator Ellison and take the wife
into custody.

Wait a second. You're arresting both?
No, just him.

Then why take her?

As a material witness?

The state, under extraordinary
circumstances, can place a witness into

What are your circumstances?

We believe, Your Honor, that Senator
Ellison caught his wife in bed with the

victim, then shot him. Yes, what a
gifted leap.

What are your circumstances for taking
Mrs. Ellison into custody?

We think she's concealing evidence that
she will destroy if she gets out of

custody. The evidence being?

The victim semen or DNA evidence that
would establish the two were in bed

together at the time. I'm a little
confused here. What exactly are you

for? We'd like to do a search similar to
a rape kit examination to determine...

A vaginal search? A full body search to
look for hairs and fibers. Helen!

If your client would cooperate, Eleanor,
and give us a... statement by not doing

this is blatant blackmail your honor she
is trying to force my client to testify

against her husband or else be violated
by a police technician your client is

not a suspect fine then grant her full
immunity and then we'll consider any

search would she agree to testify in
exchange for immunity

I am not making any deals under the
threat of coercion. And I might add the

state has no authority to do an invasive
bodily search. She is the suspect's

wife.

Spousal privilege... Bad privilege goes
to testimony. Bodily fluids do not

constitute testimony.

Come on! The privacy issues alone... Are
outweighed by the state's interest in

solving a homicide. Whether or not she's
a suspect, Your Honor, if we do not get

this evidence tonight, it's gone.

Ms. Gamble, are you sure you want this?

Because if it comes out this is merely a
ploy on your part, this woman can sue

you personally for misconduct. You'll
lose whatever evidence you might find.

I can't lose evidence I don't have, Your
Honor.

I want it.

I'm going to allow it. I appeal it
and... Fine, but I'm not staying the

pending an appeal.

And since it's almost midnight...

Hold a little still if you can.

And people wonder if we're becoming a
police state. I'm going to beat all over

them on this. I promise you, Marsha.

Mrs. Ellison, if you could just remain
still, this really shouldn't hurt.

It shouldn't hurt?

Marsha? A man was shot in my home. My
husband was arrested.

And Dr. Fingers is down there with a
snorkel. Would you describe this as a

painless experience, Eleanor?

Let's just get through this.

Of course, get them issued tonight. Wake
the magistrate up if you have to.

Not been given any details as to what
happened this evening. The police have

issued no statement as of yet, except to
confirm that a fatal shooting did take

place in the senator's home, occurring
sometime this evening.

Unconfirmed reports suggest that the
senator was in fact home at the time.

Helen, where are we?

Uh... The senator is in custody. We have
the gun. We're getting the warrants

issued to search his house tonight.

He had his lawyers there before the
police, even.

He's not talking, and it's not likely to
change.

This is Alan Lowe.

He just came over from Middlesex.

Hi. Why do I care?

Because he's your backup on this.

Look, I don't need any backup. I do.

The heat on this is already... Mr.
Lowe's reputation is that he has

with the concept of playing backup.

Your first chair, Helen.

He gets that.

Use him, Helen.

Keep me informed.

Don't second -guess.

Don't even talk.

We'll get along just fine. You can start
by overseeing the warrant.

Can I ask you why you made an arrest so
quickly?

See, you're talking.

I'm not second -guessing. I'm just
asking.

The only way I could search Mrs. Ellison
was to make a showing she's not a

suspect. The best way of doing that was
to arrest the senator. Anything else?

No. Great.

Warrants.

A cavity search?

She called Judge Finkel.

And did they find anything on her? I
hope not. She took a shower before the

police came. The victim wore a condom,
so maybe there was nothing.

I also had Keith take a shower, so he
should be clean.

What do you mean you had Keith shower?

You instructed him to take a shower?

Did I say that?

Yes, you did.

Well, I misspoke.

I did not direct him to take a shower.
He independently decided to.

Lay off me, will you? If this was one of
your closest friends... You broke the

law. I told you, Bobby, I misspoke.

It was his decision, and I have no
affirmative duty to prevent him from

if that's what he chose to do.

Eleanor, because this is one of your
oldest friends, it makes me nervous.

This is a state senator. This case will
be under a microscope.

If we cross any ethical lines... I
won't.

I won't.

Did you find what you were looking for?

Well, it'll take a little time for them
to analyze everything they found, Mrs.

Allison. I wanted to talk to you for a
minute.

I'm represented by counsel, Ms. Gamble.

Yes, but you're not a suspect, so
whether you're represented or not... So

isn't custodial?

Once the examinations are completed,
you're free to go, yes.

Does Eleanor Frutt know you're here?

Mrs. Ellison, we all know what happened
here.

Has your attorney explained to you that
your silence could incriminate you?

Gee, no.

But if you explain it, it seems I am
indeed a suspect of criminal wrongdoing,

which makes this interrogation improper,
if not illegal.

Okay, well, I guess what I'm trying to
say... You probably won't be able to

your husband from his fate, but you may
very well hurt yourself and your

daughter in the process.

Fine. And should you ever lose your job
for violating suspect's Fifth and Sixth

Amendment rights, perhaps you could tour
the motivational speaker.

You're being dismissive, Mrs. Ellison.
It would be a great error in judgment

you to dismiss me.

Maybe I shot him, Ms. Campbell.

There's your statement.

We're told, Jenny, that warrants were
issued last night and that Senator

Ellison's office is being searched as we
speak.

The arraignment was scheduled for 9 o
'clock. Whether that's been delayed or

not...

Next

matter on the calendar,

criminal case number 32723, Commonwealth
v. Keith Ellison.

Murder in the first degree.

Eleanor Fruss in the defense.

Good morning, Your Honor.

Helen Gamble for the Commonwealth. In
that this is a first -degree homicide,

ask that Senator Ellison be held without
bail. My client has no previous

criminal record. He has strong and
extensive roots in the community.

He is, in fact, a trusted government
official who poses neither a safety nor

flight risk.

The defendant is being charged with a
brutal homicide. The fact that he is a

state senator should afford him no
special consideration. We are not asking

favors. In fact, just the opposite, that
he be treated the same. One million

bond, 250 ,000 cash.

Thank you, Your Honor. We would also
move for an immediate trial.

The prosecution needs time to develop
its case.

An arrest has been made here. If the
prosecution doesn't have a case... I

appreciate it if counsel could refrain
from posturing. What are you looking

They're looking to buy time, Your Honor.
I'd also appreciate it if defense

counsel could limit herself to
representing the defendant and not the

Commonwealth's intentions.

Trial date of September 24th.

Let's conference tomorrow, set up a
schedule. For now, we're adjourned. Your

Honor, I'm loathe to turn this into an
unnecessary street fight. Oh, yes, she's

so adverse to confrontation.

I believe counsel, in her zealous
efforts to provide legal representation

defendant, is guilty of witness
tampering or worse, obstruction of

What? We have been unable to interview
key witnesses to this crime. People

present at the scene who have been
instructed by Ms. Brotz not to talk to

police or... Ms. Gamble is now
attempting to try her case in the press

contaminate a potential jury. I am
attempting to cut through a cover -up

orchestrated by counsel. The district
attorney anticipates not being able to

mount much of a prosecution, so she's
trying to establish the perception that

it's our fault she can't assemble
evidence. Defense counsel is again

rep... Present my thoughts. Your
thoughts are transparent enough for

All right.

Miss Gamble, you will not be using my
courtroom to color public opinion.

I'm not doing that, Your Honor.

Who are the witnesses?

Mrs. Ellison and Allison Ellison, the
defendant's daughter.

Mrs. Ellison certainly enjoys spousal
privilege, Your Honor. What about the

daughter? We can't even get in a room
with her.

Miss Frutt, if I get wind of
tampering... I'm not doing that, Your

Is that right?

Do these people have separate counsel?

I am the family attorney.

Oh, you're the family attorney.

Did you tell the wife and daughter they
could face accessory charges?

Did you advise them it might be in their
best interest to cooperate with the

police? Any and all communications
between me and my clients is, of course,

privileged, Your Honor.

Mrs. Ellison and Allison.

I strongly advise both of you get your
own lawyers here.

I won't order it for now.

But Ms. Frutt may want to silence you
for the defendant's sake, and it may not

be what's best for you.

In the meantime, Ms. Frutt, I am
ordering that you make Allison available

district attorney for an interview.

If she refuses to talk, she can be
subpoenaed to a grand jury.

That's all for now. We're adjourned.
Your Honor, with the court's permission,

I'd like security to escort Allison to
my office immediately.

Why? I have concerns that counsel might
seek to prepare her statement. I object

to that. I would submit if there are no
plans to conference with Ms. Allison,

what's the harm?

Ms. Allison is also a client, and since
criminal charges may possibly be levied

against her, I have the right to advise.

Security will escort Ms. Allison to Ms.
Gamble's office, defense counsel.

but not the defendant, may be present at
the interview.

We're adjourned.

Do you have any idea what you're going
to say?

Jimmy, you take the neighborhood. See if
anybody heard or saw anything.

I'll interview the employees at Mrs.
Ellison's job.

Lucy, you stay on top of the incident
reports.

Lindsay, you're in charge of jury
consultants.

Hire them today.

Beck, I need you to research temporary
insanity, heat of passion. Research? Why

do I always get research? Rebecca. You
always put me on research. Why can't I

ever do field work? Because Jimmy and I
are better at it.

Sorry if that answer disappoints you.

Are we sticking everybody on this one
case?

Yes, we are, Lindsay, because like it or
not, we will be defined by this one

case. We'll be the firm that either won
it or didn't win it. It would be nice to

be the firm that won it.

Everybody's got a role.

Let's go.

We had just come home from the movies.

Our movie was sold out, actually, so we
had come home early.

You and your dad?

Yes.

Then what did you do?

I just went to my room.

I think I might have gone to the
bathroom first, and then I was getting

call a friend.

And then I heard them screaming and
yelling.

Did you recognize the voices?

Did you recognize the voices, Allison?

No.

Okay.

Then what happened?

After a few seconds, I heard a loud
popping sound and more screaming.

I ran down the hall into my parents'
bedroom.

My mother and father were screaming
about something.

My mother was crying.

They just kept on screaming at each
other.

And then I looked over and saw there was
a man in their bed.

He wasn't moving.

And he was bleeding.

And his eyes were open.

Did you hear what your mother and father
were screaming about?

No. Did you see blood on your father's
clothes?

I don't remember.

Did you notice if there was a gun
around?

I didn't see any gun.

Allison, what do you think happened?

I don't know.

If you had to guess.

She doesn't have to make guesses. You
were allowed to be present for this

interview. You were not permitted to
either conduct it or to inhibit it. I

advise my client to tell what she knows
and not to formulate opinions. You want

to go right back in front of that judge?

Fine. Hold on.

Why don't you just ask your questions?

Yes, that would be nice.

Did you ever ask your parents what
happened?

No. Did you know what happened?

No. You didn't know what had happened,
and you didn't ask.

Correct.

Allison, did you have any discussions
with your attorneys about what you might

say here at this meeting? Don't answer.

Privilege, work product, forget it.
We're into tampering, Bobby.

You think you can make tampering?

Try, but don't be asking our client
about conversations she had with us.

So you had a conversation in preparation
for this meeting? Don't answer.

Whether or not the conversation was had
is not... I'm instructing my client not

to answer.

I've told you all I know. You've told us
all you know, Allison.

Yes.

I heard a pop and yelling.

That's it.

And you never asked your parents what
happened here?

No.

I didn't.

...information to share with you at this
time. Has Senator Ellison made any kind

of statement?

Senator Ellison is currently refusing to
speak with us at the advice of his

attorney. Mr. Lowe, one more question.
Get that out of my face, please. What

about Mrs. Ellison?

Mrs. Ellison is also refusing to
cooperate, which we find frustrating.

Certainly it's every defendant's right
not to speak, and that right would inure

to the spouse as well, but we're
particularly disappointed when a state

senator... A person ostensibly committed
to justice forsakes that commitment out

of self -interest. But you can't say
that. Let's get in before Judge Finkel.

Shut them down. Whoa, slow down.

He cannot comment on a defendant's
silence. The state bar... Eleanor. He's

deliberately contaminating the jury
pool. Of course he is, but if we go to

Finkel, he might gag all of us. We do
not want that.

Why not? If he's going to try their case
in the press... Because we need the

press more than they do.

Now, we all know how it looks.

We need to shake public opinion here. If
we get gagged... Why aren't we at least

putting out some version? We don't need
to. The burden is on them.

Our people were there. The prosecution
can prove they were there. To me, that

shifts the burden to us. I agree. I
don't.

We got three possible suspects here. The
senator, his wife, or the daughter.

The prosecution can't nail any of them
beyond a reasonable doubt.

Oh, please. He's convicted now.

You're just mad over doing research.

Oh, that's funny. All right.

We're up against Helen Gamble here and
Alan Lowe. We've beaten Helen many

Lindsay. If they prove it's a fair, that
gives them motive. With motive, his

being at the scene, his gun, he's gone.

We need to start building a theory and
put it out there. The more we wait...

Look, let's just see what their evidence
file shows.

It's too soon for us to commit to
anything.

Bobby, hello?

Public opinion can't send him to prison,
Lindsay.

Are you sure?

For this one?

Is it good news?

Sort of.

Ballistics confirm it was his gun.

Print? Wiped clean.

Trace metal?

Negative. There was a pair of
dishwashing gloves soaking in the sink.

What about powder burns or primer
residues?

No, but they could have washed off if...
Anything to prove the affair?

Not yet.

No semen, nothing from the cavity
search. No blood on her, but she

so... What about hairs in the bed?

Some, but they could be old.

It's early, Helen.

Give us time.

Interview everybody at her work.
Somebody had to have seen the two

They'll never prove it. No one ever
thought.

You can be sure of that. He always left
before me. He had his own set of keys to

my car.

He'd get in, duck down.

I'd come down, drive home, directly into
my garage. No one ever saw him go into

my house.

Suppose somebody saw him get into your
car.

He always made sure that never happened.

Okay, look.

Ordinarily, we would just sit back and
do nothing here. We would leave the

burden to the prosecution to prove the
crime.

The problem, this case is so high
profile that there's an enormous danger

jury contamination.

We want you to tell us what happened.

Isn't that dangerous?

If it means you having to get other
lawyers... No. Keith? No!

I want your firm. Senator.

The likelihood is that they will be able
to prove your wife's affair with the

victim. With that, with your gun being
the murder weapon, with you being at the

scene, with your clothes being in the
washer, you'll be convicted, Senator.

If you tell us what happened, you might
give us something to go with.

Keith, you said you were putting
yourself in my hands as your lawyer.

As your friend, I am advising you to
tell us what happened.

The movie was sold out.

So Allison and I came home early.

Allison, I guess, went off to her room
and I went upstairs.

And I... I heard sounds.

Coming from our bedroom, I heard a male
voice.

And I thought... I thought...

I could only think that maybe Marsha was
being raped or

attacked.

And I got my revolver from the safe in
the back of the linen cupboard and I

to the bedroom.

And I... I thought...

stranger on her and I just squeezed the
trigger.

Suddenly, Marsha was screaming. There
was blood everywhere.

It all happened so fast and I I saw this
man and I shot him.

I didn't realize until after

what What was... What

had... What had really been going on?

The problem with that?

The gun was wiped clean of prints.

Your clothes were in the washer.

And the question will be, if you thought
you were justified, why did you try to

cover your tracks?

I did that.

It was stupid, I suppose, but... He's
worked his entire adult life

building his public career.

And I didn't want to see it all go away
because of something that I caused.

I assume you will testify that from your
vantage point. It appeared he was

acting in defense of you.

Of course.

Well, then that's how we proceed.

We argue mistaken defense of others.

It's a form of self -defense.

I'd like to make a public statement.

I don't recommend that. You said
yourself that they were trying this in

press. Anything you say could be used to
impeach you.

I'll keep it short.

It's a bad idea.

It's a great idea.

I mean, you can certainly go over what
he plans to say. What if he ad -libs the

wrong thing? You make sure he doesn't.
Bobby.

He's going before the cameras. It goes
to the same jury pool the prosecution is

trying to influence right now. And if he
talks, more cameras will be rolling.

Why aren't we going for a change of
venue, if you ask me? We want this

Rebecca. He's a celebrity here, a
popular one.

Well, if he goes forward with a
statement now, you're married to self

You can't then go on the elements. Does
anybody here really believe we've got a

shot on the elements?

I mean, his house, his gun, he's at the
scene, and they can probably prove the

affair.

Self -defense is our best hope. And best
we start working the jury now.

I'm with you, Gene.

Let the man talk.

So far, it's like the immaculate affair,
although we do have one witness willing

to say she saw something going on at a
party. It's nothing I'd call concrete,

but... Nobody saw them go into a motel?
Kenny, this woman's prepping to be the

First Lady of Massachusetts.

She was careful.

You know about this press conference?

Excuse me?

He's called for a press conference. He's
going on.

Who?

I should first note, I appear before you
today...

against the advice of my counsel, who
you see behind me.

For purposes of a criminal trial, it's
best to remain silent, a fact I know you

are acutely aware of.

But being in public office, I enjoy a
public trust, and that trust cannot

faithfully be served or honored by my
continued silence.

Thus, I feel it is my duty to come
forward because the public has a right

know.

On Saturday, July 12th, I left in the
early evening to go see a movie with my

daughter, Allison.

The film being sold out, we returned
early.

You believe this?

Shh. When I heard the sounds, it sounded
like a physical attack.

It even sounded like somebody was being
strangled.

I retrieved my revolver, which I kept in
the house for personal protection.

And I ran to the room in fear, desperate
fear, that my wife Marsha was

either being raped or worse, murdered.

When I entered the room, I saw what
appeared to be a struggle with a strange

on top of my wife.

I thought she was being killed.

As he rolled to face me, I discharged my
revolver.

The bullet hit him, and he fell silent.

It was only in the following seconds
that I came to realize what was actually

going on.

My wife was not, in fact, under attack.

The passion I mistook for rage, for a
deadly threat, was a different kind of

passion. A passionate husband never
wants to think his wife.

I shot a man who was committing
adultery, not a man who was trying to

I didn't realize this until it was
obviously too late.

Though I will have to live with the fact
that I took another human life.

It is something I will never get over.

In my mind, I saw a potentially deadly
threat of violence against

my wife.

I accept responsibility.

I ask for no one's forgiveness.

Only your understanding.

The fact that Senator Ellison would
refuse to talk to the police, would

to cooperate with our investigation,
only to go before the cameras with a

-serving ramble overtly designed to
poison the objectivity of the people he

elected to represent, I found that to be
inconceivable.

I found it personally disgusting.

Did you know he'd be claiming self
-defense?

You know, we expected something
desperate, and that is exactly what this

It's an anemic Hail Mary from a guilty
murderer.

Why was the gun wiped clean of
fingerprints?

Why were his clothes thrown in a washer?

Was this obstruction of justice and
service to his public trust?

Who exactly did he honor by trying to
cover all of this up?

Well, let me tell you this.

As a district attorney, I have a duty to
the public trust as well.

And that's to see that when people kill
human beings, they go to prison.

There's no exceptions for politicians.

No excuses for wronged husbands. No
favors for eloquent speakers.

You kill, you go to jail.

And that is what will happen here.

It was mainly a feeling.

Never heard or saw any actual proof.

And the feeling was... They were
involved.

They would shoot each other looks
sometimes.

Flirty behavior.

I just assumed something was going on
between them.

How well did you know Mrs. Ellison?

Not well.

We worked in the same office, obviously.

But I had very little direct
interaction.

And the victim, Mr. McNown?

He was my boss.

And this party.

Mrs. Ellison came with Mr. McNown.

Oh, God, no. She came with her husband.

But I saw them in an office together.

Mr. McNown and Mrs. Ellison.

And it looked like something was going
on between them.

I just know it.

So what? It's not enough that we
establish the affair now. We have to

knew about it. If we can prove he knew
what was going on, there's no way

sell self -defense.

Husbands know. They always know.

Well, we haven't been able to find him.
Then get back out there, Mike. Dig

harder. All right, all right, Helen.

Mike, this is a big piece.

If we can show that he was even
suspicious that his wife was sleeping

we'll be able to argue that he knew what
was going on when he went for the gun.

Look, we're dead.

You all do know that.

The guy is sympathetic. He's charming.
He's credible.

and we're dead.

No, we're not.

The guy caught a man screwing his wife,
he blows the guy's head off, and then he

says, oops, I thought he was trying to
kill her?

We'll get him. We've got nothing on
state of mind, Alan. It's us against his

word, and you saw how well he plays.

Helen Gamble.

Okay.

Judge wants to see us.

Should we bother to have a trial here,
people, or just put it to a referendum

the November ballot?

I would gag you all right now if I
didn't think you'd both immediately

with confidential sourcing.

Miss Frutt, you let your client hold
press conferences. You will have a hard

time disqualifying jurors for knowing
too much.

Miss Gamble, attempt to prejudice the
trial.

You will find your jury challenge is
gone.

I will prohibit you.

right now, from making any comments
concerning the evidence of this case.

That goes for every one of you.

Now, common sense tells me this goes
away for manslaughter.

Six years, three suspended.

That seems a little light.

You jump at it, don't kid yourself, and
so should you.

The idea he thought she was being killed
smells like crap.

This was a heat of passion murder.

Let's dispose of it for what it is.

Are you recommending it? With good
behavior, you could get out in 18

Isn't that a bargain for human life
-taking?

Can I win this?

You could, but it's a risk, Keith. And
if we lose, you are looking at murder,

too, which carries a statutory life
sentence.

I just told you. the public it was self
-defense. If I plead on manslaughter,

how would that look?

I think the public is sophisticated
enough to know. And they believe me, by

way. Have you heard the HDH poll? My
approval ratings are higher than before

shooting. Well, then it was all worth
it.

Do we have a problem?

Do we have a problem?

Eleanor, I was having an affair. I was
fond of this person, and Keith shot him.

Clearly, these are not the best of
times.

I don't want to plead.

You can't be looking at this with
respect to your political career.

This is about your life, Keith.

Your freedom. My life is my political
career, Eleanor. You know that. And it's

over if I accept a homicide conviction.

As convincing as you are?

To get a jury to believe that you ran in
there shooting in self -defense?

You don't believe it?

I do.

But I know you. The 12 people in that
box?

Are you telling me we cannot win this
trial?

I am not telling you that. And isn't it
possible the manslaughter deal could

still be available during trial?

That is certainly possible, but... Then
I want to try.

Let's see how the trial goes. If the
prosecution's case goes well, this deal

will be off the table.

Eighteen months, Keith.

You killed a man. It was mistaken self
-defense.

The prosecution knows they can't
disprove that.

That's why the manslaughter is being
offered.

We go to trial.

You understand the risk.

do.

Let's go.