All language subtitles for The Practice s06e14 Judge Knot

Back then, I was sharp enough to stick
in the ground and green enough to grow.

I said yes to everything.

So they had me, you see. There was
nothing I could do.

At this point in my career, I was just
an overworked prosecutor grunt. You know

the feeling.

Now, this was long, long before I became
the esteemed Chief Judge Fleming,

winner of the State Bar Association's
Lifetime Achievement Award. I'll take

that.

Am I being humble enough?

No, no.

In fact, I am.

Right on.

Sorry. Did you empty the four bottles at
your table? Practically by myself. Just

a bunch of sippers.

Hey, do you guys have some gift bags
over there? Lucy, I said you could have

mine. Hey.

Firm springs for a table and nobody
invites me?

Shh.

Oh, that's right, Judge Fleming. I
forgot what it was. big deal he was to

You know I like him even better off the
bench.

I'm just trying to live.

This is the room that would be perfect
for his office.

Now, mind you, it's the middle of the
summer, but here I am, helping the Chief

Justice of the United States move
furniture.

I'm sweating buckets.

I mean, I'm pushing this.

I'm talking huge.

Let's talk about Cassell.

Um, tomorrow on court.

Now, I know you think the Cassell case
hinges on consent.

But... You're in no shape to argue this
tonight, Counselor. Can you two take it

outside? Very good idea.

Bob,

your client is a bad man.

He deserves to be in jail.

I'm not letting him back out on the
streets. Maybe not, but you're going to

me a new tie. I mean it.

I can see that.

You're not taking me seriously.

This is going to go to trial.

And, buddy, I'm going to win.

At which time you arrived at the
defendant's house?

Yes, correct.

Now, Officer Chen, can you describe what
transpired?

I knocked on the door, announced my
presence.

Cassell's girlfriend answered, said he
wasn't home.

I requested permission to search the
premises, and she, the girlfriend,

my request.

I did a protective sweep of the common
area. Then I heard someone talking down

the hall.

And at that point...

I approached the room with my weapon
drawn, pushed open the door, and

Was anyone inside?

No, it was a TV.

Politically incorrect.

But right there in the corner, in plain
sight, was a box filled with plastic

-wrapped bricks of what appeared to be
narcotics.

Cocaine.

You say you heard the television.

I heard someone talking. I thought it
might be the defendant.

Did you hear anything else? Band
playing?

Laughter from an audience?

Just talking.

You opened the door, and this is where
you saw the television.

No, it turned out to be coming from the
next room. So there was no talking from

this room after all?

No. And yet you still saw fit to enter
the room and continue your search?

The box was right there.

And you say it was Mr. Casale's
girlfriend who consented to your search?

That's right.

Where is the girlfriend?

I would think she'd be here.

She hasn't come forward.

We can't find her.

No further questions, Your Honor.

The witness may step down.

Your Honor, move to suppress, too, the
fact that my client was denied his

Amendment rights. Officer Chen had no
right to search. Your Honor, Officer

relied on the girlfriend's apparent
authority to consent.

We deny the girlfriend ever gave
consent. It's hearsay. We don't

ever happened.

Furthermore, Officer Chen's account of
discovering the drugs is riddled with

contradictions. Not true, Your Honor.
Officer Chen testified he heard talking.

He heard the television, and not even
from the room in question.

Regardless, the search of the room was
part of a protective sweep.

Once inside, the evidence was in plain
sight.

Fruit of the poisonous tree. The fact of
the matter is... Thank you, Counsel.

Well argued.

I must say, I'm not entirely certain.

that a ruling would even be appropriate
at this juncture without the benefit of

additional evidence that might arise at
trial.

I think we could all benefit from more
time.

But the defendant is entitled to a
speedy trial and a speedy trial he shall

Accordingly, I'll reserve my ruling on
this matter while allowing the trial to

go forward.

The clerk will set a date for jury
selection.

We're adjourned. Your Honor.

Thank you, counsel.

Yeah.

Helen Gamble.

Yes. Greg Mitchell, U .S. Attorney's
Office.

You guys recruiting door -to -door these
days?

It's my understanding Judge Fleming left
the ball in the air this morning. You

never know with these suppression
issues.

Since when does the U .S. Attorney's
Office take an interest in a state

possession case?

Actually, I can think of a couple dozen
federal cases we'd like to pawn off on

you.

What's this about?

Ms. Gamble.

How well do you know Judge Fleming?

I've appeared before him a number of
times. When he was a DA, we all sat in

his trials.

In fact, I was at a dinner last night
honoring... We have reason to believe

Judge Fleming has been accepting bribes.

Come on.

Now, in this case that you're handling,
he might eventually admit the evidence

to compensate for his recent spate of
suppressions and acquittals and to check

any attention he might have already
drawn to himself.

And he may admit the evidence because I
established a valid reason for him to do

so. Well, with all due respect, we don't
think so.

By reserving his ruling, he is sending a
message that he is open for a bribe.

This has been his M .O. in over a dozen
cases that we've reviewed.

It never occurred to you that he may
just prefer not to make impulsive

from the bench? We have a witness. We
have a federal prisoner who's looking to

reduce his sentence on a robbery
conviction.

Well, that's reliable.

This prisoner says in a previous case,
his lawyer paid Judge Fleming five grand

for an acquittal.

And we have evidence of similar payoffs.

The Department of Justice has been
looking at this case for over eight

Have you approached any of the attorneys
in those cases, spoken with anyone

upstairs? Now, we're concerned with
tipping off the judge.

We prefer in these matters to handle
this through a sting.

We create a case, and then we assign an
attorney who we think might be involved.

Is that what this is?

You want me to prosecute a fabricated
case.

Actually, Ms. Gamble, you already are.

What's going on?

Cassell, what are you doing here? Bobby,
it's okay. Like hell it is.

You can't meet with my client without my
approval.

Greg Mitchell, AUSA.

And this is Agent Donegan, FBI.

How are you doing, Mr. Donald?

You're a fed?

Same with my idiot cop, Chen. I had no
idea.

What is this?

We think Judge Fleming is on the take.

We've been observing him for some time
now, and we plan to bring him down with

this trial.

Get out of my office.

You have a very impressive track record
in front of Judge Fleming.

You think I'm somehow in on this? Well,
we were suspicious, but based on your

interactions with Agent Donegan, we're
no longer targeting you. You're off the

hook. It's official.

Are you involved in this? What?

Bobby, no.

I tried to shut this down. Look, I think
you should at least listen.

We want you to offer Judge Fleming a
bribe. Forget it, Bobby.

Can I call you Bobby?

Bobby, you're missing the bigger picture
here.

The Office of U .S. Attorney and the
Grand Jury have invested a great deal of

time and money in this investigation,
and your cooperation would be greatly

valued.

But your failure to cooperate, well,
that would create a problem.

And I think you can appreciate that we
will do everything that we can to get

to cooperate.

Are you threatening me?

No, I'm stating a fact.

And the fact is that you may well find
yourself and this firm conflicted out of

all superior court cases until this
investigation is completed.

And who knows how long that'll take
without your cooperation.

So if you want to stay in business,
you're going to do whatever we say.

What if Fleming's clean?

You offer him a bribe, he tells you to
take a walk.

Now he thinks you're dirty.

Helen would not let Bobby take the fall.
They'll just have to suck it up, tell

the judge they made a mistake and that
they forced Bobby to participate.

Fleming is very popular and judges talk.

And there's nothing to stop him from
turning every judge on the state and

federal bench against us. All our
careers could be over.

If Fleming is dirty, which is doubtful,
his friends are going to resent us for

bringing him down.

Count on it.

Don't you think the majority would be
outraged if he is on the take? Wouldn't

they be glad we got him? You're kidding
yourself, Rebecca.

Operation Grey Lord in Chicago, judges
got busted, and most of the people who

wore the wires ended up pariahs. Because
they'd been on the take and only set up

others to save themselves. People will
assume the same about us.

Look, obviously I don't want to do this.

I agree the risk is tremendous.

But I just wonder if angering the U .S.
attorney isn't a bigger risk.

Lindsay.

My first jury trial was in front of
Fleming.

It lasted three months.

He was fair, considerate, more than
competent. I came to like and admire him

very much.

He remains the best judge I have ever
appeared before.

He has his share of believers. I'm one
of them, Lindsay. You can't do this.

Don't let Mitchell use you like this or
use us. We're not doing anything wrong.

I'm not so sure that matters.

He better be guilty.

This is just like Donnie Brasco.

Let's see, do you mind?

Actually, Brasco was FBI.

How amazing was Johnny Depp?

Johnny Depp is an actor.

The real Donnie Brasco was amazing.

You knew him? Can we get on with this?

Fleming is going to need a signal that
you want a deal.

So the first thing that you do in court
this morning is you waive the jury and

you request a bench trial.

I'll have to consult with my client.

This is how most defense attorneys seem
to be approaching the judge. It shows

that you're willing to put your fate in
his hands.

Okay, say something.

You're pissing me off.

Perfect.

Okay, you can button up.

Keep this in your pocket.

When you're ready to record, click it
once and you're rolling. How am I

through security wearing this?

You walk through the detector carrying
your keys.

We're going to have someone stationed
there. And when the alarm goes off, you

just do what you're told and you'll be
fine.

Enter your pocket, please.

Step back through.

Spread your arms. You take him over
there.

Oh, okay.

Spread your arms, sir.

Appreciate it.

Be seated.

All right, then.

In the matter of the Commonwealth versus
Cassell, if there are no further

motions in limine, I believe we are
ready to begin jury selection.

In regards to voir dire, counsel, as you
may know, I typically... Your Honor, if

I may.

You have a lot to add these days, it
seems, Mr. Donald.

Actually, my client has decided to waive
a jury and request a bench trial.

Mr. Cassell?

Mr. Cassell, you understand that once
you waive this right, the decision

be undone.

Your fate will rest in my hands alone.

Yes, sir.

Ms. Gamble, the Commonwealth is equally
entitled to try its case before a jury.

Do you have any objection to Mr.
Cassell's waiver request?

No, Your Honor. We're amenable.

Very well, then.

We'll begin with opening statements
after lunch. Until then...

We're in recess.

You hating this as much as me? More.

Not possibly. Trust me.

Can I?

Trust you? I mean, I don't know who to
believe anymore.

Who are the good guys? Who are the bad?

It was a lot easier when they all wore
black and white hats.

First we give Fleming a Lifetime
Achievement Award. Now we're trying to

him over the head with it.

Oh, and by the way, sorry for pulling
you onto the floor.

Anytime.

Judge? Mr. Donald?

Did you enjoy your dinner the other
night?

Oh, very much so. Very much.

Rumor has it that you're up for a
circuit appointment.

Well, I learned a long time ago not to
put too much stock in rumors.

It would be wise to do the same.

Of course, I'm not complaining.

It's nice to know there are people out
there taking the rumor seriously.

I suppose it is.

Judge.

I've been weighing my options in the
case before you, and well... To be

the DA's offered a deal. A somewhat
reasonable deal, in my opinion.

I don't know if it's the right... Mr.
Donald, are you asking

me... To handicap this case for you?

Thinking out loud, Your Honor.

Well, keep it to yourself next time.

That way our pleasant chat won't seem
more like a highly improper ex parte

discussion. Judge, I had no intention...
We're done.

The man cut me off way before I even got
close to a bribe. He berated me for

initiating an ex parte discussion.

I know. I heard. I was listening. He is
testing you. I don't buy that, all

right? I was there.

Look, this is a mistake. This man has
done nothing improper in this case.

ruling, every word out of his mouth has
a legitimate explanation.

Look, it's understandable that the two
of you are nervous. It is normal in an

undercover operation. I'm getting out,
and you should do the same. Bobby, it is

not that simple. No, it's very simple.

As soon as Fleming takes the bench,
Helen will announce that a deal has been

made and the case will be dismissed.
Nobody's announcing anything. If you

do it, I'll do it for you. I cannot
allow that, Bobby. You son of a bitch!

You come in here with complete disregard
for what we do day in and day out, and

all you're really aiming for is some
high -profile case so you get the most

in the press, get the most bang for your
buck. That's right. Just so you can let

everyone know you're a big shot doing
your job and we can all sleep safe at

night. Judge Fleming is the most
important and influential jurist in your

district. He's supposed to stand for all
that is right, and he is a crook. I

don't know that. And I will not help you
entrap an innocent judge.

Bobby, let me remind you that there will
be major repercussions if you

jeopardize this investigation.

I suggest you make this case go away
quietly.

Because I am done.

I'm Mr. Donald.

Walter Cates.

Judge Fleming's clerk.

Yes, right.

Of course, I'm sorry. I'm on my way to
the courtroom now. Actually, the judge

would like to see you in chambers.

You know, I need to check with my firm,
and I don't want to delay our afternoon

session. Would you ask the judge if he
could see me at the end of the day?

Judge Fleming would like to see you now.

Judge, you asked to see me.

Thank you, Walter.

You ever read any of this fellow's work?

Can't say that I have. I believe it's
the only way true justice can be built

if it's based on a foundation of a
single, shared worldview.

Pretty radical stuff.

I got the book as a gift, so I suppose
it doesn't much matter. I won't be

finishing it.

I know we all go through the security
mill out there, but you can never be

who'll try to sneak what in these days,
so you don't mind if I speak for myself,

do you, Counselor?

No, of course not.

Fine, thank you.

You'll learn to be careful, too, Mr.
Donald.

You never know who's listening.

In the courtroom?

In the public restroom?

Yes, sir.

So, what was it you wanted?

I'm not quite sure.

Have a seat, Bobby.

Relax.

I've hung my judicial robes at the door.

We're simply two men having a
conversation.

Earlier, you referred to a deal
proffered by the assistant DA.

What exactly are we talking about?

Three years.

I see.

How does that sound to your client?

He'd prefer less.

Touché.

Touché.

Which brings you to me, is that right?

You'd like to make a deal, too?

If possible, Your Honor, yes.

I would.

$10 ,000.

I'll need time.

to get the money together.

Yes, well, I have no intention of
sitting through an entire trial when I

know the result.

If we're doing this, we do it today.

You can have an hour.

I think I can make that happen.

Then I think you've got an acquittal.

You want this book?

It's yours for the taking if you like.

Thanks anyway.

He made the offer.

And you didn't have the wire.

I'm lucky I didn't. He patted me down.

Why couldn't you have stalled? I tried.
He insisted I see him immediately.

All right, never mind. So what happened?

Will it be specific?

He won $10 ,000 in an hour.

The clerk told me to call him when I'm
ready.

He's aware of the arrangement.

It seems.

We're on.

Let's go.

Walter, Bobby Donald.

I'm approaching the building.

Are we clear?

Globe? Good.

What's he waiting for?

This guy's killing me.

Come on already.

There it goes, there it goes.

I don't believe that.

Get that old man out of there.

Let's work, Walter.

Be seated.

We meet again.

In the matter of the Commonwealth versus
Cassell. Your Honor.

In light of the jury waiver and in the
interest of expediency, the Commonwealth

is prepared to forego its opening
statement and move forward with its

witness.

The gesture is appreciated, Counselor.

Appreciated, and yet as circumstance
would have it, unnecessary.

I'm sorry?

Over lunch, I had the opportunity to
sink my teeth into the issues raised by

counsel in relation to the defendant's
motion to suppress.

And having been designated the sole fact
finder, my stated concerns about the

intertwining of fact and law are now
moot.

I am prepared to rule.

I see.

After extended consideration of the
testimony and applicable case law, it is

conclusion that the state's procurement
of the narcotics resulted from a search

that improperly exceeded the parameters
of the Fourth Amendment.

And while it pains me greatly...

To bar the introduction of such plainly
incriminating evidence, the state's

infringement of the rights of the
defendant leaves me no other option.

The motion to suppress is therefore
granted.

Your Honor, the defendant moves for
dismissal of all charges.

Ms. Gamble, read my written ruling. I
don't see any way around this.

The prosecution places its objection on
the record.

Very well, then.

Noted.

Case is dismissed.

Let's go.

Judge Charles Fleming? What's going on?

Federal Bureau of Investigation. This is
my courtroom. How dare you come in here

like this? Judge Fleming, you're under
arrest. What are you talking about? You

don't have any authority.

What is happening? You're under arrest
for accepting bribes, extortion,

obstruction of justice, and racketeering
under Title 18, USC, Section 1962.

You have the right to remain silent.

Anything you say can and will be used
against you.

You have the right to an attorney.

If you cannot afford one, an attorney
will be appointed for you.

And with reference to the remaining
counts, how does the defendant plead?

My client pleads not guilty to each and
every one of those charges as well, Your

Honor. Very well.

The court will schedule a preliminary
hearing for one week from today.

In the interim, we request that Judge
Fleming be released on his own

recognizance. The prosecution believes
that the defendant poses a flight risk.

Your Honor, Judge Fleming is a highly
respected judge. Furthermore, due to the

nature of the allegations, there is also
the very real potential for witness

tampering. Your Honor. The government
accordingly requests that the defendant

held without bail.

Your Honor, I'll ignore the fact that
pretrial detention is not meant to be a

punishment. But proposing incarceration
after arresting my client without even

the flimsiest of evidence is
unconscionable.

While this arraignment is not the time
to debate this case, I will remind

defense counsel that we have a witness
who will testify to the judge's

solicitation as well as a videotape of
the money drop. Gentlemen, please.

Let's bring this down a few notches,
shall we?

Mr. Anderson.

Judge Fleming appears nowhere on this
videotape, and there's no reason to

believe he was involved in any alleged
scheme in any way.

Your Honor, as I said, these are issues
to be raised at trial.

This already shaky case, where there is
no audio or video documentation of my

client's involvement, is based on the
highly questionable testimony of one

Attorney Bobby Donald. I have to object.

Bobby Donald, the prosecution's only
witness, was charged with the passing of

information from the DA's office that
resulted in the deaths of two police

officers. He was also charged... with
the murder of the third man, William

Hinks. Mr. Donald was cleared of any
wrongdoing in both cases, Your Honor.

we to believe anything that Mr. Donald
says?

In fact, I have it on authority that the
very reason Mr. Donald was chosen to

try to pull off this alleged sting
operation in the first place... We are

here to talk... Mr. Mitchell, be
grateful I am not exposing all of your

-called witnesses' well -documented
exploits, both in and out of the

But, for reasons of this hearing, Is
Judge Fleming a flight risk? No. Does he

present a danger to the community?

Certainly not.

Your Honor, all I ask is that you
consider the merits of this case before

denying his liberty.

Mr. Donald is not the kind of person
this great country's Department of

should be relying on in its search for
truth.

The people certainly deserve better than
Bobby Donald.

Defendant will surrender his passport to
the clerk of the court.

Bail is set at $25 ,000.

Have you seen where Bobby

went? I didn't notice, no.

And I'll be honest, in the end, it's
worth all the trouble, don't you think?

What are you talking about? We got him.

Got him?

You haven't gone to trial.

Well, we probably won't. Most likely
Fleming will plead, he'll resign from

bench, he'll serve maybe three years and
get probation for two.

Look, Anderson just hung Bobby out to
dry in there.

You plead this out, you'll give everyone
the impression the feds can't build a

case on Bobby's testimony.

We probably can't.

Then why did you involve him in the
first place?

He was our best shot at making this
investigation a success.

No matter what the cost? Look, I have to
decide if I can win this case.

The clerk's not talking, and Donald
simply lacks credibility.

Now, we have limited resources, and I'm
not about to spend them on some long,

expensive trial just to see that Fleming
winds up in jail. He's off the bench.

He's gone.

That's all that matters. Let me talk to
Fleming.

I'll be the good cop. He knows me.
There's got to be more there.

Look, it's the least you can do after
coming in here and making such a mess.

I don't know the purpose of this. My
client maintains his innocence.

We have nothing to offer.

Your Honor, you're not the real target
of the government's investigation.

They're simply looking for a way in.

They still need to know how many others
were involved in the scheme.

Helen, don't treat me like a child. And
let's not waste any time discussing a

scheme. There was no scheme.

If you reveal the attorneys who
participated, the Department of Justice

make you a reasonable offer.

Please, consider taking advantage of
this. You can help yourself here.

He'll help himself by seeing this
through to trial.

Do you honestly expect to prove this
beyond a reasonable doubt?

On what basis? Bobby Donald's testimony?

If we could have just another minute, I
think we can make some progress here.

Your Honor.

I'm so sorry.

Get him out of here.

I have to consult with my client.

Hey.

I got a call from a friend who sits
federal court, so I know what happened.

It's a big deal. About Fleming, of
course, but also about Bobby getting

by Anderson.

I came by to see how he's doing.

He's in his office.

He won't talk.

Oh, that's Bobby.

Yeah. That's Bobby.

I should have been at the arraignment,
but I've been up to my neck with work,

and Judge Fleming is someone I admired,
so I'd respect it.

Bobby didn't want me there.

Did he say that?

Oh, come on, Helen. Bobby can make his
point perfectly clear without saying a

word. Lindsay, I hope you know this
isn't about Bobby shutting you out.

I think he...

When he's up against his demons, he'd
rather battle them alone.

I happen to be along for the ride on
this one.

I'm glad you can be there for him.

Donna Young Dolan's right.

Yeah, sure.

Your office.

Hello?

I'll be right over.

Judge Fleming and his attorneys are
requesting a meeting.

They're ready to make a deal.

Let me say at the outset, I am still far
from convinced you have enough evidence

for conviction.

But to avoid the mud of a media
-saturated trial, Judge Fleming may be

to assist your investigation.

Maybe. We're not rolling over here.

Unless the deal is more than fair, the
judge is prepared to go to trial.

We have the clerk's testimony.

Continue, Mr. Anderson.

In exchange for Judge Fleming's full
cooperation, we expect the government to

drop both the RICO and the Hobbs Act
counts. That's the entire federal case.

still have state -based fraud.

Five years.

My client serves three.

Well, that would be a hell of a deal.

For you.

That's what we want.

I'm certainly not committing to that.

In addition, we're prepared to provide
detailed records maintained by Judge

Fleming over a period of six years.

The records implicate 15 attorneys.

I suspect we'll be able to work
something out.

Is it possible you're deriving
satisfaction from all of this, Helen?

No, Your Honor, I am not.

In all the times you've appeared before
me, I think you know that I've been an

even -handed, decent, if not humane,
jurist.

For nearly 30 years, my job, my charge,
has been to make reasoned, dispassionate

decisions.

And that is what I have done.

Always.

Imperfect, I will admit that I may have
overstepped my boundaries, but it was

not, as you suggest, Mr. Mitchell, a
matter of craven desire.

On those occasions when I was approached
for a favor, I would not, did not,

allow a lesser argument to triumph over
a better one.

Wrong must never win by technicality.

Now then, I have done nothing illicit.
What I did do was expedite cases that

came before me.

If I benefited from such, well then, so
be it.

This is not about expediting anything.

Wisdom is justified by her children, Mr.
Mitchell. Look at my record.

Listen to what my colleagues have to say
about me.

You are in no position to judge. From
what I have seen on the bench, ill

-prepared, uncommitted, addled attorneys
who fall asleep at trial, who are

unable to prepare an articulate brief,
are these the ones best suited to mete

out justice?

I've devoted my life to being a judge.

And though the courtroom be an
adversarial arena, I am more than a

More than a linesman.

I am the game.

Well, at any rate, I suppose this gives
you great bragging rights with the rest

of the politicos in your office.

Forgive me, Your Honor.

You being here has nothing to do with me
or Bobby Donald.

Only thing I have derived from my
participation is a profound sadness.

I watched and learned from you, sir.

It appears that chapter is closed.

You have cast out the dirty judge.
Justice is restored.

So there it is.

Here's the list of names. No one has
reviewed it. Not even my attorney.

Let the bloodbath begin.

Clever.

He was very... It's as if there

was no doubt in his mind this was his
way out.

He could have started over.

I think that's probably what frightened
him.

Nobody can really start over, can they?

I'm sorry I had to be there.

Yeah.

After it happened, it was a madhouse.

Between the cops and paramedics.

I came right up here and called you.

I didn't know what else to do.

I'm glad you did.

How are you doing?

Today wasn't really a lousy day.

Yeah.

Your wife's worried about you.

She's always worried about me.

You'll be okay tonight?

Yes.

Bobby, in all the confusion before
Mitchell took Fleming's file, I had a

to look through it.

I actually removed a folder.

Are you accusing me of something?

Of course not.

This is bogus, Helen.

Fleming was trying to get even, and by
the time I clear my name, he will have

succeeded.