All language subtitles for The Practice s06e11 Eyewitness

How can this be happening?

Miguel, the victim's wife identifies you
as the killer. The DA's going to

listen. And you being the fiancé,
they'll tend not to believe your alibi.

We need to talk about the plea deal.

Miguel,

calm down, please.

You believe I'm innocent.

It's not important what we believe.

It's important to me.

Miguel, yes.

We know they have the wrong man.

The deal the DA offered, it's 11 years,
right? No, Miguel.

I'm just asking. No, I'm not letting you
go away 11 years for a crime you didn't

do. Miguel, I don't think we can win
this.

I really do.

Are you still with me?

What do you mean you can't win?

I didn't say I can't. I'm saying it will
be difficult. I saw him, Helen.

I was there.

Understood. And the integrity of your
word aside, eyewitness testimony is not

lock, especially when it stands alone,
which it does here.

What are you suggesting?

Well, they turned down 11. I'd like to
go back with 8.

8 years?

For murder? And take them off the
street.

My husband's life was worth more than
eight years. Emily, it's not about

measuring your husband's life.

It's about ensuring that the man who
shot him, in fact, goes to prison.

I want him in prison forever.

Okay.

I thought I'd let it be your call.

Then we'll go to trial.

You promised me you'd stop shoplifting.
I didn't boost nothing.

I'm innocent this time. You're innocent?
Yes. You had the stereo in your coat.

That was a present for my mom's
birthday.

No, how can it be stealing if it's for
someone else?

Okay, that's a defense we're not putting
on. Look, I gave it back.

So what am I looking at?

They are charging you under the common
and notorious thief statute.

Is that bad?

It's very bad.

It means the penalties go way up.

Let me try to plead you out. I have a
good relationship with the DA. Maybe I

get you six months.

Six months?

Maynard, if we lose at trial, the max is
20 years, and I don't know how we can

win.

This is an hour before the murder.

The store's a block from the crime
scene.

We were interested because the shooter
was described as a male, Hispanic, early

20s, dark jacket.

We used credit card records to track
this man down.

Do you see him in the room?

Yes. He's the defendant, right there.

Miguel Havillera.

Then what happened?

We spoke with Mr. Havillera. He gave us
an alibi, but we were not convinced.

So we had Mr. Havillera stand in a
lineup.

For Mrs. Coyne.

Based on what Mrs. Coyne told you, what
did you do, Knackert? We arrested Mr.

Havillera for the murder of Trevor
Coyne.

The lineup was a full two months after
the murder.

That's correct.

And before the lineup, you told Mrs.
Coyne you had a suspect.

Did you not detect him?

Yes. So it's likely...

She had an expectation that you had the
right man in custody.

Objection. The witness has no foundation
on the expectations.

Sustained. Detective, are you aware of
the study showing how easily witness

recollections can be manipulated?

I'm aware of studies going both ways,
counsel.

Have you read the Cardozo Law School
study?

Showing that 65 of 77 wrongful
convictions overturned in the last

resulted from eyewitness mistakes.

Objection. Mr. Berluti is now giving
testimony.

Sustained. Ask questions, counsel. Don't
provide answers.

Detective, you have no physical evidence
connecting my client to this crime.

Isn't that right? No fingerprints,
murder weapon, DNA.

That's correct.

I didn't think he hurt us too bad.

The key will be her, the eyewitness.

You ready?

As ready as I can be, I guess.

Mr. Belluti, Ms. Dole.

Yes? I was in the courtroom just then. A
hobby of mine, I'm a court buff.

I was curious, do you think he'll win
this?

I'm sorry, you are?

Michael Crane. I'm a minister with the
First Presbyterian Church in Jamaica

Plain. If I hadn't gone into the clergy,
I think I would have opted for law

school. I love monitoring big cases.

Homicides are always quite fascinating.

I was just wondering whether you think
you can get an acquittal here.

Well, I'm sorry, Reverend, but we don't
really discuss our cases with anybody.

Of course.

Well, good luck to you both anyway.

Thank you.

Come on, Eleanor.

Collar three times in six months. My
heart's not exactly bleeding. Minor

shoplifting beast.

We're getting pressured upstairs to make
some examples. Well, just don't make

one of Maynard Parrish.

His biggest crime is being stupid. He's
a sweet kid. Yes, I know. They're all

sweet. Do I tell you they're sweet?

Come on.

Our relationship has to count for
something.

Come by my office. I'll see if we can
work something.

You see?

Now you're sweet. And that, I will stand
by. Yeah, yeah, yeah.

We finished dinner around 9 .30.

We were walking to our car when a man
ran across the street right towards us.

I noticed he had a gun.

He asked for our wallet's jewelry.

What happened next, Mrs. Coyne?

Trevor took a step in front of me.

Probably didn't even realize he'd done
it.

Then what happened?

I heard a shot.

And I saw fire shoot out of the gun.

And I was covered with blood.

And I heard Trevor scream.

What did your attacker do?

He stood there like he was frozen for a
few seconds.

And then he ran off.

Mrs. Coyne, did you get a good look at
his face?

Yes.

He was only about ten feet away. Do you
see in the courtroom today the man who

shot your husband?

That's him.

The defendant.

Are you positive?

Yes.

That's the man.

Thank you.

It was dark. There were street lamps.

How far away was the nearest street
lamp, do you know?

30 feet or so.

The police say 50 feet. There was enough
light for me to see, Ms. Dole. You saw,

for example, the type of gun your
assailant was carrying?

Very clearly.

A small pistol, silver, with a black
handle.

Do you remember what he was wearing?

A dark jacket and jeans.

How long did it take from the time you
first saw your assailant to the time he

ran? Probably 10, 15 seconds.

You said you had blood on you as well?

Yes. Were you scared?

It was that man.

Are you sure?

I don't need to think about it.

That's him.

Mrs. Coyne, I'm confused, because in the
police lineup, you did need time to

think about it.

You studied those men for almost a
minute.

Are you saying your recollection is
sharper now than it was six months ago?

I took the extra time because I wanted
to be positive.

Mrs. Coyne, I want to lay out a scenario
for you, and you tell me if it's

possible, okay?

Fine. You were brought to a police
lineup, having been told the police had

man who shot your husband.

So when they brought the men out, you
felt one of those men was the guy.

You settled on my client after a minute
because he looks the most like the guy.

Today, you identify him quickly, not
necessarily because he's the man you saw

the street with the gun, but because
he's the man you saw that day in the

lineup.

Possible? No.

Not even possible?

No. He's the man who shot my husband.

Were you told to be unequivocal up here?

No.

Did you tell the police the shooter had
a goatee?

No. I didn't remember that part. You
didn't remember?

You could describe the gun, the clothes,
but you couldn't remember if the

shooter had facial hair?

Look, he shot my husband.

You make room for no possibility
whatsoever that you could be wrong.

Is that your testimony, Mrs. Coyne?

Yes.

Thank you.

You certainly weren't equivocal here.

Mitchell, we've been friends a long
time.

I'm the first one to admit that most of
my clients are scum. I even complain

about it.

The kid needs a break.

And what do I tell my superiors?

That you did the right thing.

Look, if he gets caught again, I promise
you I will not fight you on it.

But this time, please.

Eleanor. He is saying he didn't realize
the stereo was under his jacket. I mean,

he's a liar.

He was boosting it for his mother. He
wanted to get her a present.

Mitchell, come on. I'm going to the
favor bank here. I will give you

Anything?

Well, why do you say it like that? What
do you want?

Take off your shirt.

Very funny.

Come on.

I can't help you. I wish I could.

Were you serious just then?

When you asked me to take off my shirt?

Mitchell, were you?

Eleanor, we go way back.

But you don't know everything about me.

Such as?

I'm attracted to you.

You're married. I know. I would never
cheat on Margie.

I mean, not with an affair.

My heart belongs to her.

But, uh... Fun little... Excursions.

Excursions?

I can't really give you Parish Kid a
break.

But if something between you and me were
to happen, well...

To avoid the appearance of impropriety,
I try to be especially...

fair.

So if I have sex with you, you'll cut a
deal?

I'm shocked that you would get that
impression.

However accurate it might be.

He offered it like that?

quid pro quo well he said he would be
especially fair if you had sex yeah how

was it what what should i do eleanor you
can't take that deal

thank you besides that sterling tip you
know i had a case with him once he

didn't ask me for sex so how did you
leave it i was so stunned i just i

out well i would first make sure he
knows you didn't accept the offer

Lucy, call him.

Don't have to.

That was him. He's on his way over.

Me and Miguel rented this video.

Big. We took the bus back to my house.
We started watching it at 9 o 'clock.

What time did it end?

Around 11 or so.

Christina, did Miguel leave your side at
any point during the evening of May

14th? No.

He was with me the whole time.

I swear.

And you're absolutely positive about
that?

Yes.

You're engaged to be married to the
defendant?

That's right.

And you love him very much?

Yes. Would you lie to give him an alibi?

No. Did you call your cousin Martina
Bell on the evening of May 14th and ask

to join you for dinner?

Yes. And did you tell her that your
fiancé would be out for the evening?

I thought he was, but then he came home
unexpected.

He came home unexpected.

Did anyone else besides you see him at
your apartment that evening between the

hours of 8 and 11?

I don't know.

When the police showed up at your
apartment that evening, your fiancé hid

closet, didn't he?

Well...

He thought it was other people banging
on the door, and I just thought it would

look bad if I told the police that he
was in the closet, and so I just said no

one else was home. You lied.

Yes. You lied to help your fiancé.

I shouldn't have, but I did.

But you're not lying today.

That's right.

I think we're going to have to call you.

I thought you said it was dangerous.

It is.

Very. But... Christina, you didn't come
off so credibly just then.

And we have to account for why you
jumped in the closet.

I was hiding from dealers.

I understand.

But to the jury right now, it just looks
like you were hiding.

We need to call you.

I'm suddenly thinking we should take the
11 years.

It's still one eyewitness, Jimmy. An
eyewitness that held tough.

And when the jury hears about Miguel's
pride... You think it's too risky

him?

Does he strike you as a court buff?

No.

However, still enjoying the trial?

Yes. What's your objective opinion?

How are we doing?

Not so well, really.

The fiancé seemed like she was
protecting him.

You might be right.

Could I ask you one more thing?

Sure. Why do I get the feeling you're
not a disinterested bystander?

I'm not disinterested, I told you.
You're a buff.

What do you know, Reverend?

You look a little anxious in that room.

Like you have a stake.

What do you know?

Nothing.

I'll tell you this.

If our case goes any further south, we
might just subpoena you on a whim.

That would be ridiculous.

Somehow I don't think so. You're here
because you know something.

I think you need to talk to us,
Reverend.

Thank you, but you're wrong. I need to
get back.

Please let go of me, Mr. Berluti.

The process server will be at your
church waiting with the summons.

Talk to us.

Suppose what I know doesn't help you.

At this point, we're willing to take
that risk.

Not here.

Let's go to a witness room. No.

Not anywhere here.

Go buy us some time.

I'm extremely sorry for my inappropriate
behavior.

I'm going through some personal problems
at home, Eleanor, and... Well, I

apologize.

Okay.

Obviously, any deal predicated on a
sexual relationship is wrong and hereby

the table.

I'm very upset that I even threw it out
there.

Well, let's start again, then.

As I said, Maynard Parrish is not a
career criminal.

I wish I could help you.

But as I said, we've got our marching
orders on this statute.

Which means what? You're going to push
for the 20?

I could sell 10 upstairs, but nothing
less.

10 is ridiculous, and you know it.

I don't know what else to tell you.

You know, Mitchell, I'm getting the
sickening feeling that your offer wasn't

pulled because of conscience, but
because I wouldn't go for it.

Well...

You would be wrong there.

Really?

I want the six months.

We never had a deal. I want the six
months.

I'm sorry.

I think any favorable deal would be met
with suspicion at this point. And I'm

just going to play this straight.

Straight or punitive?

Ten years is it, Eleanor.

And suppose... sex was not off the
table.

I'll say it again.

Ten years is it.

First, what I say has to be privileged.

We can't promise that.

Then you get nothing.

I think conscience brought you down to
that courthouse.

I think conscience is the reason you are
here now.

I want this discussion to be privileged.

That's the only way it'll be.

Okay.

I'm not speaking to my attorneys.

My problem is... One of my congregants
killed Mr. Coyne.

He came to me under the seal of a
conversation with his minister and

his crime.

His guilt was compounded by the idea of
an innocent man being wrongly convicted.

I've been monitoring the trial on his
behalf.

He told me if it appears your client
faces conviction, he might be willing to

come forward.

That's all I'm at liberty to say.

Please convey to your congregant

Miguel Avalara is facing a conviction.

You have to go to the judge. And say
what? He pulled the offer.

But, Eleanor, your suspicion is he's now
taking a harder line. He is.

But I don't know whether he's being
punitive or if he's simply determined to

ethical because he's so embarrassed.

Either way, the client suffers.

The guy comes on to you, you rebut the
advance, and as a result, the client's

getting a lesser deal. You have to
report that.

Mitchell Wheeler is my friend. We have
known each other for years.

Friends? Don't put friends in that
position.

I'm also friends with his wife. If this
gets out, Bobby, people are going to be

hurt. Eleanor.

As an officer of the court, you have an
ethical obligation to report him.

Please, Eugene, don't officer of the
court me on this. You have knowledge of

DA putting sex on the table in plea
bargains. If he did it here, the

is he's done it before and he will do it
again. I doubt it.

But even if you're right, let somebody
else report him.

I'm his friend.

Eleanor, if the client is getting hurt,
you can't sit on it.

He's not coming forward.

You said... I thought he would. He said
he would, but he changed his mind.

He doesn't want to go to prison.

Reverend, assuming we can clear hearsay
problems, would you be willing to

testify? Absolutely not. We need you
now. Our kid's going down. What he told

was the equivalent of a confession, Mr.
Belluti.

Even so, the consequences... I won't do
it.

In that case, for you.

What? It's a subpoena.

I'm really sorry, but... Mr. Berluti,
Ms. Dole, if I

were to betray this confidence, I'd lose
my job, my

church.

I must plead with you now.

I don't feel good about what we're doing
here, Reverend.

But... I tried to help you.

If you make me testify... You have
information that could exonerate my

murder.

We have no choice here but to call you.

Ten years? I'm working on it. Working on
it? You said six months.

Maynard... What's going on? Don't panic.
Don't... No, you don't panic.

So I'm the one that's facing prison.

I'm on it, Maynard.

Eleanor. What the hell's going on?

Just let me work on it.

Even if you could force him to testify,
it would all be hearsay.

Your Honor could force him to reveal the
identity of the shooter.

That's not hearsay. But if he's claiming
privilege... I don't think it is

privileged. He's not a Catholic priest.

This wasn't a confession.

We treat all communications with clergy
pretty much the same, counsel.

If it's for spiritual guidance, I don't
think this qualifies.

Look, nobody here wants the wrong man
convicted of murder.

Let's question him outside the presence
of the jury and see what turns up.

Nobody can have a problem with that.

Are you trying to extort me, Eleanor?
I'm telling you that I have an

to reveal what happened. Nothing
happened.

Mitchell, you put something in play. You
know you did. I revoked it before it

was in play. I'm offended by your
attempt at blackmail, and I will not

deals under the direct... I have to
defend my client. Not that way. You

All rise.

This court is now in session. The
Honorable Judge Kittleson presiding.

Any business before we bring in the
jury?

No, Your Honor, the Commonwealth is
ready for trial.

Ms. Frott?

Defense ready, Ms. Frott?

Your Honor, regretfully, I have to
report some misconduct committed by Mr.

Wheeler. Which misconduct has affected
the disposition of this case?

What misconduct?

The district attorney sexually
propositioned me last night, suggesting

sentence of six months for my client.

That proposition was rejected, and with
sex being removed from the equation, Mr.

Wheeler's offer went up to ten years.

Mr. Wheeler, do you have a response?

I don't know what to say, Your Honor.
I'm stunned.

Was sex put on the table as part of a
plea bargain?

Yes.

It was put on the table.

By Miss Frutz.

Excuse me?

And I immediately rejected it. You've
got to be kidding.

Why don't we take this to Chambers?

He's lying. Oh, I'm lying.

Yes, you are, Mitchell, and you should
be disgusted with yourself. Eleanor.

lying. You can expect to be sued for
defamation, I'll tell you that, because

immunity... Go ahead and sue me,
Mitchell. I said all right.

I'm not about to get into this. You
should get into it. This is one stunt

many for this firm. Mr. Wheeler, I'll
ask you for the last time to be quiet.

I don't care who made the event.

You're now officially off this case.
Another DA will be assigned, and I'm

advising both of you to let this die
now.

I am not going to let this die. Mr.
Wheeler, your excuse.

Beat it. If she's going to tell more
untruths, I'm going to... She's not. The

matter is dead. Get out now.

I am telling the truth.

Eleanor, I am inclined to believe you.

But trust me when I advise you.

Let this drop.

How can I when he has accused... Because
his reputation is far superior to

yours.

Truth be told, there's been a little
gossip in these halls about your

desperation.

I beg your pardon? You dated a serial
killer who liked to dress up as a nun.

You don't think the clerks and DAs had
some fun with that?

And a few judges?

Your firm is also infamous for stunting.
Here you've got a client, dead to

rights, facing ten years.

And you think that I would resort to
making up this kind of story?

No, I don't.

But frankly, Mitchell Wheeler's
credibility is stronger than yours.

And any game that he said she said will
favor him.

He's also a good -looking man.

Meaning?

Meaning let it drop.

Don't do any more cases with him.

Reverend, you're a material witness in a
homicide.

I'm ordering you to testify.

I'm sorry, Your Honor, I cannot.

What was told to me was told in strict
confidence.

I have duties imposed on me that come
from higher places than your bench.

The Lord can't throw you in a jail cell.

I can.

Well, then you'll have to.

Leaving aside identity, did a man come
to you and confess to killing Trevor

Coyne, a man other than Miguel Javelera?
I'm not talking, Miss Dole. Reverend.

What about my privilege?

I'm sitting in this chair right now
because those lawyers revealed my

Reverend, obviously you've agonized over
what the right thing is to do here.

Otherwise, without telling me who, did a
man other

than Miguel Javelera confess to killing
Trevor Coyne?

Please, you can reveal that.

Yes, I received such a confession.

Did he give any detail as to what... I'm
not saying anything else. I'll go to my

jail cell now. That's all I'm saying.

Okay, Reverend, you can step down.

I'd like to put him on the stand to say
what he said here. I can't let you,

Counsel. Your Honor. First of all, it's
heresy.

We have no way of knowing if it's
reliable.

Plenty of nuts confess to crimes.

It was his congregant.

Obviously, he considered it reliable.
That's not good enough for us.

Second, there's totem pole privilege
here. The congregants, also the

The truth is, you had no right to reveal
what he told you. He hired you as his

attorney. Only as a pretext to shield
what he had to say.

I can't allow him to take the stand,
counsel, and you know it.

Your Honor, somebody else confesses to
the crime and the jury doesn't get to

know about it? That's right, Mr.
Belluti.

And if you pull anything like you did
with the boy with the aneurysm, Your bar

card will be gone. That's a promise from
me to you.

The jury will hear nothing of this
minister or any confession.

No, I'm telling the truth. I would never
make something like this up. Of course

I know it, but it just doesn't sound
like Mitchell Wheeler either. That's all

I'm saying.

You actually have doubts?

I believe you. But, well, clearly you're
not sure.

Eleanor, I believe you.

Now, listen, I'll get hold of the case.
I can't promise you six months, but I'll

take care of you, okay?

Okay. I won't even demand a sexual
favor.

I'm not laughing.

I'm sorry.

Be patient. I'll make it right.

I gotta get in court.

You know, Mitchell, the first thing you
did was unethical.

But accusing me, that was despicable.

Eleanor, you need to get help.

I hid in the closet because I didn't
know it was the police.

You thought they were... Drug dealers.

I owe some money. I use from time to
time. I admit that.

Mr. Avalara.

The night of the murder.

I was home the whole night.

We rented a movie. We watched it. I was
home.

Do you own a gun, sir? No.

I have never owned a gun. I've never
fired one. And I did not shoot Trevor

Coyne. I swear this.

It was somebody else.

You don't just use from time to time.
You have a drug problem.

It's under control now.

But you use.

Very rarely.

You robbed a liquor store once, isn't
that right?

Six years ago, and not with a gun.

You lost your job three weeks prior to
the shooting, isn't that correct?

Yes.

Mr. Havillera, other than your fiancée,
do you have any alibi

witness who can account for your
whereabouts the night of the shooting?

No.

The minister has no reason to make it
up, Emily. I don't know who the

is. Are you now doubting me?

I'm asking you.

Are you sure?

The truth is, eyewitness testimony is
manipulated, happens all the time.

Witnesses become convinced of suspects
they see in line -ups.

Trauma can affect memory.

I remember his face, Helen.

Why else would I... Because you saw it
in a lineup. No.

He's it.

He's the man.

I know it.

He's not the one.

Does Emily Coyne think she saw my client
that night?

She probably does.

But she missed on facial hair, didn't
she?

She described the gun, the clothes, but
she missed an obvious facial

description.

And this gun, the clothes, never found
in the possession of my client. The

prosecution offers no witnesses who ever
saw him wear the clothes described.

No physical evidence.

No forensics.

Nothing to link my client with this
crime.

Just the testimony of the victim's wife,
who had to be scared.

Traumatized.

It was a dark night.

She's mistaken.

Somebody else... killed Trevor Coyne.
Maybe he looked like my client.

But she is mistaken.

She doesn't think it was him.

She knows it. She was there.

And she saw him.

The man with the drug history.

The man who robbed a liquor store.

The man who just lost his job and needed
money.

The man the police found hiding in the
closet the night of the murder.

Ladies and gentlemen, we have an
eyewitness who actually saw him

commit the murder.

What else could you possibly need?

So, it's all going to work out. Think
so.

Helen got custody of the case, but she's
going to take care of it.

So that's great.

Yep.

But you don't seem happy.

Well, I lost a friend this week.

I can't really celebrate that, can I?

Is that all there is?

I don't like not being believed,
Rebecca.

I thought...

Judge Kittleson said she was inclined to
believe you. Yes, she was inclined.

And Helen was inclined.

But nobody's sure.

And you know why?

Because Mitchell Wheeler is a good
-looking man and I'm the fat girl. It

that, Eleanor. It's exactly that,
Rebecca.

Exactly that. Why would a man like
Mitchell Wheeler make a pass at me? It's

exactly that.

You know what Judge Kittleson said?

That my romantic desperation is fodder
for gossip down there.

And when I had a baby using a sperm
donor, well, that was because I had no

choice, right?

I mean, what man would marry me?
Couldn't possibly be that I wanted to be

single parent.

Well, before you spend the rest of the
day feeling sorry for yourself, remember

you did get a good result for the
client.

This will eventually be a victory.

That's another bigotry we face, Rebecca.

What?

People assume that fat girls just sit
around feeling sorry for themselves. I'm

not sitting here feeling sorry. I'm
angry.

Can you understand that? I am angry.

What do you think?

I don't know. I think maybe... I don't
know.

Madam Foreperson, have you reached a
verdict?

We have, Your Honor.

What say you?

In the matter of Commonwealth v.

Miguel Javelera as to the count of
murder in the second degree, we, the

find the defendant, Miguel Javelera,
guilty.

Members of the jury, this completes your
service.

This matter is...

This matter...

While I find there is some

evidence to allow for the conclusion
that the defendant committed the crime,

I find no reasonable jury could reach
the verdict that it did based upon

the evidence that has been presented to
it.

I hereby set aside the verdict and enter
a finding of not guilty.

The defendant is free to go.

It's not right for a man to cry. I had
to come in.

I think under the circumstances, you can
cry, Miguel.

One day, I will repay you, Mr. Bellini.

Don't worry about that.

You no doubt feel like a proud man, Mr.
Berluti.

But you're not a proud man.

You betrayed me.

Reverend, when you came to the
courthouse, it was because you had to.

And that judge's ruling, it had
everything to do with you coming

didn't come forward.

You dragged me forward after pledging
your secrecy.

I'm very happy for you, sir.

But you betrayed me.

Miguel still has to check with probation
before he can leave.

Okay.

My God.

Oh, my God.

There was no congregant who confessed,
was there?

You need to check with probation before
you can go.

Okay.