All language subtitles for The Practice s06e12 The Test

I was trying to help the guy out. I
understand. I wasn't selling.

Right? He was looking to score.

I took his 20. I went down the block.

I asked a guy I know to sell me a dime.
That left 10 bucks for me. That's easy

money. That's why we're using an agency
defense.

It means you were acting as an agent for
the buyer.

Look, Russell, I think we have a solid
shot at this.

Okay.

Nine o 'clock? Nine o 'clock.

Courtroom five.

Is everything okay?

Yeah, I don't know. I guess I'm just
nervous.

I've seen you nervous.

Something's going on.

You know you can talk to me.

A few weeks ago, I was short on cash.

And there's this guy, he's a dealer,
only...

He's independent. He doesn't run with a
set. He does things on his own.

I tried to rob him.

What else?

I know it was stupid, all right?

The thing is, he didn't give the money
up.

He grabbed for the gun... and I shot
him.

He's dead?

Maybe you shouldn't be telling me this.
No, Bobby, I got a serious problem here,

all right? It turns out this independent
drug dealer is not so independent,

okay?

He ran with this guy named Derek Grant.

Now, word is on the street, when Grant
finds out who it is that killed his boy,

whoever did it is dead.

What are the chances they know it was
you?

I don't know.

He wants to meet me tonight, corner
120th and Linden.

You can't go.

I have to go. I don't go. He knows it
was me. He must already know if he's

calling a meeting.

You can't go. Bobby, he already knows
it's me. I'm dead anyway, okay?

Look, I'm just telling you this.

If he takes me out, I don't want you to
let him walk.

If I'm dead,

you let someone know what happened.

We need to talk about this. I don't
know. Maybe the police. I can't go to

police, Bobby. I killed somebody.

Look, I'll be there.

Nine o 'clock, courtroom five.

Russell, I don't think you should go.
Nine o 'clock. I'll see you tomorrow.

I'm getting a bad feeling.

It's been late before.

What, I shouldn't worry?

He went to meet with a man who might
want to kill him.

I should have never let him go.

Let's give him a few more minutes.

I didn't rape anybody.

Daniel. I'm innocent, Miss Dole.

Even so.

You were convicted seven years ago. I
don't... But they're doing these DNA

now. If I can get one... Hold on.

It isn't that easy.

A guy in C Block got 63 years.

They released him last month after
running some tests.

It happens.

Don't tell me it doesn't happen. I'm not
saying it doesn't happen.

What I am saying... The courts get
thousands of requests, most of them from

guilty defendants who want to roll the
dice. Innocent people.

do get released?

Six so far in Massachusetts.

Nationwide, it's like 90.

I know this isn't what you want to hear,
but convincing a court to order more

tests, it's an extreme long shot.

And we would need the DA's office to
support our request.

If this is about money... It isn't. Is
it because you think I'm guilty?

I guess I'm just not optimistic.

The way you cared back then.

It stuck with me.

I got 40 years for something I didn't
do.

I need you.

There's another problem.

You'll be coming up for parole.

There's a chance the board could release
you early. I won't be considered for

another 10 years. But if you push this
and the results come back confirming

guilt... That won't happen.

If it does, you could end up serving the
full 40.

There's a risk, Daniel.

Listen to me.

That will not happen.

Talk to the DA.

Get the tests.

You don't know where your client is?

No, Your Honor, I'm sorry.

I really don't.

He told you he'd be here?

Yes. If this is not to buy time... It
isn't.

When did you last see him?

Last night.

And you haven't heard from him today?

No.

Bench warrant ordered for Mr. Hampton.

I'll hold the jury for 24 hours.

In the meantime, Mr. Donald, I suggest
you find your client.

Any ideas?

You know where he lives? I know his
address.

Let's go.

You think he's innocent.

I don't know what to think. Why would he
ask for a DNA test? Because he's

desperate and bored. If you run the
tests, we'll know for sure.

Wait a second. I can't just ask for
tests without some legal basis.

Unless it's a favor, which is what I'm
asking for.

I was right out of law school, Helen.

It wasn't inadequate counsel, but it
wasn't my best work either.

You screwed up?

I don't think so, but... You didn't. Two
rapes, four days apart, both at the

same time of night in the same part of
town.

I know the file. He was identified by
both victims. No alibi. Helen, I know

file very well.

Look, this isn't easy for me.

You don't have to do this.

I know.

The thing is, I don't even think he's
innocent.

But if there's a chance he is, I need to
know.

He doesn't take his meetings at home by
any chance.

I hope not.

Are you the police?

No, Mrs. Hampton. I'm Bobby Donald. This
is Eugene Young.

We're attorneys.

We represent your husband.

Where is he?

Is he okay?

We were hoping to find him here.

He didn't come home last night.

Before he left, he wouldn't tell me
where he was going.

What time was that? Do you remember?

It was late.

I don't know. I know it was after 1 o
'clock.

Something was wrong. I could tell.

I'm sure your husband's fine, Mrs.
Hempton.

Do you know something?

No, I'm sorry. We don't.

You came here looking for him. There's
got to be a reason.

We were supposed to start your husband's
trial this morning.

We're here because he didn't show up.

I'm sorry we can't be more help.

If you hear from Russell, please let us
know.

That bad feeling you had before?

Now I got it.

Problem? Could be.

Seven -year -old double rape case. I
ordered a DNA test.

Why? Favor bank.

Look, I'm sorry I didn't check with you
first.

Anyway, the sample from the first
rape...

was too degraded to withstand any
testing.

What about the second?

It wasn't a match.

You've had the wrong guy in prison for
seven years?

Seems so.

So you'll release him?

Well... What well? How can you not?

He's cleared on one rape, Lindsay, but
on the other... The rapes were

Helen, the prosecution argued that at
trial, beyond all reasonable doubt, I

might add. The victim ID'd your client.

Both victims ID'd my client. If one
turns out to be clearly wrong and the

are connected, we can't just kick him.
Why not?

All right.

Take a breath. I'm going to go talk to
the victim, then I'll go see Gavin

Who is Gavin Brown?

The DNA we tested, it didn't just
exonerate your client.

Came back an exact match to an inmate
doing three years at Concord for a

burglary.

I think I should go to the police. You
can't. Eugene. Bobby, do we really need

to go through this again?

The client told you what happened in
confidence.

He killed somebody.

You can't risk making him a homicide
suspect.

Russell said he'd be in court at the
trial. He also said...

If anything happened to him, tell the
police about Derek Grant. He said if he

were taken out.

We don't know if he's been killed. So
what do we do?

Just continue to sit tight?

Yes. For how long?

What if we do tell the police about
Derek Grant?

The police go see him, and he tells them
how his partner was murdered by Russell

Hampton. We just made our client the
primary suspect in a murder.

Is that what you're suggesting we do?

Russell's intent was if he disappears,
go to the police.

He's disappeared.

I have to make a call here, Eugene.

Okay, look.

If we go to the police, we tell them as
little as possible.

We're worried about our client. We think
he's in danger. That's it.

If necessary.

We suggest they talk to Derek Grant.

Nothing else, no matter what they ask.

I should have stopped him.

You need to get that out of your mind.

Come on.

Let's do this.

The results we have are only
preliminary, but it's pretty certain.

Then why won't they let me out?

Because technically, you're only cleared
on one rape.

The second one. The first one, Amy
Henley, the DNA doesn't clear you of

Only because it couldn't be tested.

I understand.

And it's likely the DA will see it that
way, but she wants to talk to the victim

and this other suspect.

Suspect? I thought the DNA was
conclusive.

Yes, they've got him on the second rape.

On the first, he's just a suspect.

Are you saying that after proving in
court, That both rapes were committed by

the same man.

Now they can argue that they were
committed by different people?

Yeah. Huh?

What's going on?

Daniel, the DA's office doesn't do
cartwheels at the chance to free

rapists. Even when they turn out to be
innocent? In their minds, you haven't

turned out to be innocent yet.

Let's just take this one step at a time.

This is great news.

Your 40 -year sentence, it's gone for
good.

You're worried about your client?

Yes, we think his life could be in
danger.

That's it?

You have to tell me more than that.

It's privileged, Mike. We can't say
more. Well, what do you want me to do?

have to give me something to go on.

Look. The warrant squad's already on
this. I can't add detectives without

information.

There's a man named Derek Grant.

Drug dealer, Jamaica Plain.

He might know where to find our client.

Does Russell Hampton have a problem with
Derek Grant?

That's not something we're able to
discuss.

You can't just tell me Derek Grant and
expect Mike.

That's all we know.

As a friend, we're asking you to
question the guy.

I can't do that.

You can't just ask him a couple of
questions?

No.

Why not?

Because Derek Grant was shot to death
two nights ago on the corner of 128 and

Linden.

I didn't rape any seven -year -old.

That's not what I said.

You just said I did some seven -year
-old rape. That's not... All right.

Let's try this again. Seven years ago,
you raped two women.

One named Karen Garvey.

I don't think I know the name. I don't
think you ever did, but that certainly

didn't stop you.

You know, I have to be honest with you.
I'm kind of losing interest here. You

broke into her house. All right.

It's official.

I'm actually bored.

All right. Then let me see if I can try
to get your attention.

Your DNA was found at the crime scene.

That's right.

Your semen was found inside the victim.

It's funny, Mr. Brown. You don't look so
bored anymore. You just look guilty.

What do you want?

I want to know what happened.

Forget it.

You got a case. Make it. But you're not
going to get a thing from me.

Fine.

Tomorrow morning, my office will charge
you with raping Karen Garvey. You'll be

stupid, demand a trial, which you'll
lose, and a judge will sentence you to

years. Are you done?

Do I look done?

We'll also charge you with raping Amy
Henley.

Who's that?

It's the wrong time to insult me, Mr.
Brown. I am giving you a chance to earn

respect.

Another man was convicted for both these
rapes. He has been in jail for seven

years. You could tell the truth and let
this man go home to his family.

I have never raped anyone in my entire
life.

An innocent man is sitting in prison.

Try and get this, Miss Gamble.

I don't care.

I wouldn't have cared seven years ago.

And I don't care now.

Hello? Don't we answer pages anymore?

What? He's in your office.

Who? Russell Hampton. He's been in there
like an hour.

Well, at least he's not dead.

Where the hell have you been? I didn't
know where else to go.

What happened?

I meant to be at the trial. I just...

Things just got a little out of control.

It's not just about the trial anymore.

The police want to talk to you about
Derek Grant.

Why would the police connect me to Derek
Grant?

Because I told them to.

You what?

I didn't know what else to do.

You said you would be in court at nine
when you didn't show.

You gave me specific instructions.

You ordered me.

To tell the police. If I was dead. I
thought you were dead. Well, don't you

think you should have made sure?

Bobby, you just gave me up for a murder.

All they want to do is talk to you,
Russell.

I don't believe this.

I got to get myself out of Boston.

Hold on.

What happened to you?

What do you think?

I got shot.

You need to get to the hospital.

I'm fine.

Look, I don't know what happened, okay?

I went to see Grant.

We were talking, and I thought, I'm
okay.

You know, he doesn't know it's me.

Next thing I know, he just started
shooting.

All right, look, if it was self
-defense, I can't even explain it.

It's like something just snapped in my
head.

Russell, listen to me.

I told them you weren't here.

Who?

Russell Hampton, you're under arrest for
the murder of Derek Grant.

You have the right to remain silent.

Anything you say can and will be used
against you in the court of law.

You have the right to an attorney. If
you cannot afford one, one will be

appointed for you.

You understand these rights?

I'm sorry, Mrs. Garvey. The results were
confirmed.

Then it's a mistake. Well, if there were
any chance of that, I wouldn't be here.

There's no mistake.

The man you identified is not the man
who raped you.

It just doesn't make sense.

When it happened, while it happened, I
studied his face. I knew how important

would be to remember.

Mrs. Garvey, you were shown a photo
array.

Some experts think that this puts too
much pressure on the victim to pick out

one that looks most like the attacker.
That's not what happened. I know it was

him.

His name is Gavin Brown.

He looks a little like the man you
identified.

But another victim identified him, too.

And she was also likely mistaken.

I am not mistaken. This is not the man.

Please, Miss Henley, take another look.
There is a resemblance.

I know the men who raped me, Miss
Gamble. This isn't him.

That's what Karen Garvey said, and until
this morning, she was 100 % sure that

the right man was in prison.

Now we're 100 % sure she's wrong.

Did the DNA clear Daniel Glenn of my
rape?

No. The sample in yours was too degraded
to be tested.

Daniel Glenn is the one who raped me.

Maybe this man raped Karen Garvey.

Miss Henley, Daniel Glenn did
landscaping for both you and Karen

We think that's how you knew him.

Now, when the police showed you photos
at the precinct, you both picked him out

because he looked familiar.

I was raped for over an hour.

The man responsible was inches away.

I know you believe it was Daniel Glenn.

Oh, you don't think I'm sure?

cut me.

He licked my blood off the knife.

I can still see his face as he... With
all due

respect, you never testified to that at
trial.

I couldn't even bring myself to remember
it at trial.

But I remember it now.

And I remember the face on the man who
did it.

It was Daniel Glenn.

Commonwealth versus Russell Hampton on
the charge of murder in the first

We're ready. Plead not guilty.

Well, Mr. Hampton, now I understand why
you didn't want to show up for trial.

You've been busy.

I object to that.

I apologize.

No bail.

We'll set a trial date for March 10th.
Put him back in lockup.

Your Honor, the Commonwealth is seeking
a blood sample from this defendant.

On what grounds? There was blood found
at the crime scene as well as on the

victim. We believe the blood may have
come from the defendant.

They have no legal basis to make that
connection.

In fact, I don't know what the probable
cause is to even connect my client to

the crime.

Well, the suspect's life was in danger.
We were told that by Mr. Donnell. Mr.

Donnell also requested that we question
the victim in connection with the

suspect's disappearance.

And the suspect has a wound.

Something tells us the suspect's blood
might be found near the victim. They're

using privileged information. You waived
it. I don't have the authority to waive

it.

It was my mistake.

But the Commonwealth shouldn't be
penalized for it, Mr. Donald.

I'm ordering the warrant for the blood
test.

In the future, counsel, you might not
want to tip the police off to your

client's crimes.

Adjourned.

I'm not getting a good feeling.

We're clearing Daniel Glenn on the rape
of Karen Garvey.

And we will agree to a new trial on the
rape of Amy Henley.

What? Lindsay, it's possible these two
rapes were committed by two different

men. You've got to be kidding. Amy
Henley is positive that your client...

Garvey was positive.

Witnesses are positive all the time.
Gavin Brown also denies the Henley rape.

Oh, great. Let's take his word.

Lindsay. Oh, come on, Helen.

This is politics.

You know Daniel Glenn is innocent.

We don't know.

Is this your call?

Look, Lindsay, I don't want to fight.

I asked you a question, Helen.

Is this your call?

No, it comes from above.

Lindsay, the fact is, we don't know
Daniel Glenn is innocent. If we did,

might be different. You know.

You know.

You gave me up. I didn't give you up.

You told the police.

Russell, I thought you were dead.

You said if you were taken out to go to
the police, I thought...

Look, there's a possibility we can
suppress what I told them. If so... You

the police I was at your office, didn't
you?

You stalled me and you gave them time to
arrest me. Of course I didn't do that.

Russell, we thought Derek Grant killed
you.

We're on your side.

So what happens now?

Bobby and I are going to do some
research.

We'll come back to you with a plan.

How do I stay safe?

Derek Grant has a lot of friends. They
could take me out right in here. This

place is guarded.

They won't get in here.

Gave me a... We didn't give you up.

The question is, since privilege is the
client's right to assert, if the lawyer

reveals... privileged information, can
the client still prevent it from being

used against them? But if the client
gave permission to waive privilege...

challenge whether he did that.

Jimmy, help Rebecca, Eleanor, I'd like
you to pitch in, too. I'm working on the

Morris case. Drop whatever else you got.

We just succeeded in getting our client
arrested for murder.

That's bad for business. I want
everybody on it.

The first victim insists she made the
right ID.

How can this be?

Sometimes the victim becomes invested in
the ID.

They want it to be him. The police tell
her it's him. So in her mind, she starts

playing along.

She starts putting his face into those
memories.

It's called retroactive interference.

I've got doctors who can testify to it.

Where were those doctors at my first
trial?

Well, they'll be at this one.

So I'm going to be prosecuted all over
again.

Unfortunately, yes.

The DA's office doesn't know you're
innocent, and without being able to

that you are, there's no... What?

There is someone who can prove you're
innocent.

Who?

Gavin Brown.

Do I look that crazy? Daniel Glenn got
40 years for something you did.

Yeah, and children are starving to death
in Krapotan. My father never hugged me

enough. Mr. Brown. I'm not interested.

I know why you're here, and I don't
care.

Let's talk self -interest.

Yours or mine?

Yours.

They have DNA on the Garvey rape.

That means 20 years.

Maybe more.

I might know a way you could do less
time.

I'm listening.

You'd need to confess to the Amy Henley
rape.

Confess to a rape the DA can't prove.
That's how you think I'll do less time?

Yes.

The DA will reduce my sentence if I
confess to another rape?

The DA might reduce your sentence for
letting an innocent man go free.

You have something the DA wants.

And that is?

The truth.

So I get a complete pass on rape number
one?

Yes. And a reduced sentence for rape
number two.

Why would the DA ever go along with
that?

Good question.

We can get 20 years for the rape we can
prove. I'm not giving him less time for

admitting he raped another woman.

Helen. You can try Gavin Brown, use the
DNA, get your 20 years.

Then you can retry Daniel Glenn, and
hey, you might even win there, too.

get everything you want, except the
truth.

You think you know what the truth is,
Lindsay? Gavin Brown does.

And he's willing to trade it in exchange
for a deal. It's not that simple. Why

can't it be?

Look, all I'm asking is that you hear
him out.

If you think he's lying...

Call it off and try them both, but if
you believe him, if he convinces you

guilty, make the deal and release my
client.

Your office doesn't want the wrong man
in prison any more than I do.

Look, I was willing to do you a favor.
Well, then do me another one.

I took the thing court -appointed.

It was a three -day trial for two rapes.

I should have...

Lindsay, get Mr. Brown a lawyer.

If he can prove he's guilty, I'll make a
deal.

I'm not just accepting a confession.

He did it, Miss Dole.

He'll have enough specifics. How could
he not?

It was seven years ago.

And from his demeanor?

He probably forgot about raping Amy
Henley ten minutes after he did it.

We are making progress, Daniel.

We just can't get our hopes up.

Thank you for trying.

Let's just hope it works.

You warned me not to go forward.

Well, these days I'll listen to you.

He instructed you to go forward if you
were killed.

Which he wasn't.

Russell Hampton is responsible for his
situation, Bobby.

He murdered two people.

But he's in custody because of his own
lawyer.

This is it?

We're still checking the other
jurisdiction.

This doesn't help me. That's the
research, Bobby. Don't blame the

I gotta be able to tell him something
more than this. We'll keep looking.

Tell Eugene I'm going to see the client.

I don't think he liked the research.

I've read the agreement.

Just so we're clear, he gets ten years
in full satisfaction for both crimes.

provided we believe he's telling the
truth.

That's pretty subjective.

How do we know you'll live up to your
end?

Because, Mr. Palmer, I gave you my word.

With all due respect, Ms. Gamble, I've
tried to back out of these deals before.

I'm going to need more than just your
word.

Then take mine.

We have a deal, Counsel.

Let's get it done.

You already know about Karen Garvey.

Can't really argue with DNA.

We'll get to Karen Garvey later. Tell us
how you raped Amy Henley.

She was my first.

Back then, I was strictly a burglary
guy.

I'd scope out these houses, and I'd try
to make sure people weren't home.

And I'd get inside, take a look around,
but... Oh.

A couple of times, it turns out I was
wrong.

I'd get inside and find a woman sleeping
upstairs.

Is that how you found Amy Henley?

There's a lot of women I never touched.

I was standing right above them, and
they never knew.

But after a while, I started thinking
about doing things.

But... Amy...

She was just my first.

We need to know what happened, Mr.
Brown.

I raped her.

How did you get inside the house?

Seven years ago. Does that mean you
don't remember?

No, I don't know. Maybe I think I went
around back and found a way in. The

details escape you.

That detail, yes.

So you have no recollection.

Look, that's what I did. I broke into
houses. Most of the time, I'd punch out

window, or if I could, I'd pick the
lock. But I didn't keep a log of which

was what.

We're listening.

I raped her.

Where?

In the bedroom. I already told you that.

Weapon? Knife.

A folding knife.

Did you stab or injure her with the
knife?

No.

Oh.

I don't know if it was her or Garvey,
but I cut her.

I cut her chest a little.

You cut her chest?

And I took the blood off the blade, too.

I don't know why.

Maybe I was just crazy.

It was Brown.

Deal was made. Your client will be
released today.

Thank you.

My office thanks you.

I guess sometimes justice is the team
effort, huh, Lindsay?

I better go tell him.

Congratulations, Lindsay. Thanks.

I owe you, Helen.

What about an appeal?

We can try, but to be honest, I don't
think it'll work. It's my blood, Bobby.

When the tests come back, they'll know I
killed him. All the blood does is put

you at the scene. It doesn't prove you
killed anyone.

What about self -defense?

You said we could argue self -defense.
And we will. That's a winner, right?

Because this guy was going to kill me,
Bobby.

The problem, you knew that meeting might
get violent. You went there with a gun.

It's your fault.

When this started, all they had was a
dime bag of crack. Now they're going to

charge me with murder. You told me to go
forward. If I was dead, do I look dead?

Hey, they couldn't charge you with
murder if you didn't keep killing

gave me up. Shut up, Russell, and just
listen.

I think we should consider insanity.

What? You said it yourself.

Something snapped. You felt as though
you flipped a switch. I'm not crazy. You

were out of control. This is your fault,
Bobby. You couldn't distinguish right

from wrong.

He's okay.

He's bruised and he's shaking up, but
he's okay.

Where's Lindsay? I couldn't reach her.

All right. Well, let's just keep it
together in there. He doesn't need to

come apart.

Hey.

Hey.

Are you okay?

How's the other guy look?

They'll let me out tomorrow.

I talked to the court.

They assigned Russell Hampton to another
lawyer.

Look, guys, I'm okay.

I talked to the... The doctor said you
can let you out tomorrow?

Don't everybody talk at once, okay?

Bobby, you should get some rest.

I'm fine.

You don't need to worry, okay?

Look at this.

I can fit my entire life into one
cardboard box.

What are you going to do, Daniel?

Have you thought about work or where
you'll live?

No, not really.

I have some family in New York.

Listen, Miss Dole, I said before, you
know, how it stuck with

me, how much you cared.

But I never... What do you say to a
person who

just gave you your life back?

Why are you looking at me funny?

The truth is... I didn't care.

At least not enough.

I put on a day and a half defense for
two rapes. I, um... Those victims,

They didn't just convince themselves you
were the guy or the jury.

They convinced me as well.

It wasn't malpractice.

I gave it the old three -day college
try.

But that's all you got.

I'm not the lawyer who gave you your
life back.

I'm the one that helped you lose seven
years of it.

So should you sue?

Me. I'm sure my carrier would work out
some sort of settlement.

And I never said no.

So, uh... Until we meet again.