All language subtitles for The Practice s07e09 The Good Night

Previously on The Practice.

His lawyer fell out. The case has
already been continued six times. What's

case? Statutory rape.

I don't want it. I didn't ask.

I never forced him. Mr. Orbis, he's 13
years old. I loved him. I have to attack

a 13 -year -old rape victim.

And I don't want to do it.

Well, you will.

And if I tank it?

Please. You don't think I just pulled
your name out of a hat?

Do you take drugs, Justin? All right.

This is the accusing witness.

Go ahead.

After you were caught with drugs,
Justin, you got suspended then, didn't

Yes. And this is when... You hypocrite.
You leave the church accusing us of

enabling sex... There's a difference
between... There's a difference? I was

ordered by the court. Then quit your
profession.

We, the jury, return a finding of not
guilty.

The defendant is free to go.

I know you can beat this. Earl, trial is
not an option here.

You killed a cop.

Who told me he was a drug dealer?
Because he was working undercover. And

he was a drug dealer, it's still murder
to shoot him. How many times do I have

to tell you it was an accident?

Are you stupid?

Since your old lawyer has trouble buying
your story, you might consider how hard

it will be to convince a jury.

You know what, Mr. Jerkoff? Just defend
me.

And while you're doing so, stop trying
to pretend that you're better than me.

Your last client was a child rapist who
you seem to have no problem getting off.

Now you do what you need to, Bobby.

Accuse the cop's widow.

Argue that he shot himself.

You can even stand up and say you did
it. I don't much care.

You can even argue accident because that
is what it was. You listen to me. No,

you listen.

I... I am the customer, Bobby.

Aside from that, you need to remember
you and I are not alike.

I'm a drug dealer. You defend drug
dealers.

We need to accept ourselves for what we
are, Bobby.

And add to that, I am the customer.

Why do I need help? I'm not saying you
need help. I'm just offering. I'm fine.

Thank you.

Bobby, it is a cop -killer case. Did I
lose the ability to try cases alone?

No. Did I lose the ability to ask for
help when I needed?

No. Did you lose the ability to sleep?

Because you look like crap.

For you, I mean. You're still better
looking than me.

Can I help you?

I need a lawyer. I was arrested.

For?

Drugs.

Marijuana. They're gonna put me in jail.

Jamie. Excellent.

I'm Jamie Stringer. Hello.

I'll be your attorney. You are?

Tammy Rowe.

Let's go in the conference room.

The evidence will show Detective Bowers
was working undercover on a drug detail

when the defendant, Earl Johnson,
attacked him, took his gun, and shot him

death.

Detective Bowers was the first Boston
police officer to be killed in the line

duty in over a decade.

That's his wife, son, and two daughters
sitting over there.

I'm sure we'd all like to extend our
condolences.

But you can do something more.

You can give them justice.

And at the end of this case, that's all
they'll ask you for.

Mr. Donald?

Justice is all my clients entitled to.

And it's all we ask for as well.

What the hell was that? I didn't want to
tip our defense.

Tip our defense?

You give a one -liner, that's it. Hey,
fire me.

What's going on with you?

You've represented me many times.
Suddenly you got this big problem. My

is you suddenly doubting me. Because you
seem different.

Look, it's like you said. You're the
customer.

I took your money. I'll give you your
money's worth. That opening? Was

to keep Helen Gamble in the dark.

The fact that you're in the dark stuns
me.

Given your advanced mental acuity.

What is this?

You want me to threaten you?

So you can get off the case.

I would never, ever threaten you, Bobby.

You keep forgetting.

We're like brothers.

Will they put me in prison? I highly
doubt it. The fact that they released

before even being arraigned... I'll see
you at the courthouse, okay?

Okay.

Thank you.

Okay, the search seems to be bogus. She
was pulled over for rolling through a

stop sign. Please.

How much pot? An ounce.

She wasn't under the influence? No,
totally sober.

Who's sitting, do you know?

I think Judge Brentford. Why?

Brentford?

You're home.

I'm sorry?

Brentford is the flirting judge.

And you've got blonde hair.

Forget it. This case is as good as
kicked.

What do you mean, the flirting judge?

All you have to do is smile at him.

Big smile.

Over the top.

If he thinks you think he's cute, he'll
suppress on the spot.

What? No, he's right. I've had six cases
kicked on smiles alone.

I mean, with Lindsay, he doesn't even
wait for the facts with her.

Can you flirt? Can I flirt?

Like with every professor I ever had,
thank you.

Like I said, you're home.

Can I flirt?

That. Virginia.

That was mean.

It was a by -bust operation.

Detective Bowers was posing as a seller.

Detective Bowers was your partner?

Yes. Our goal here was to arrest the
defendant, then cut a deal for

on other drug sources.

Detective, would you describe what
happened?

The operation was in an alley between
two abandoned buildings.

I manned an observation post on the roof
of one of the buildings and we had

unmarked cars at either end of the
alley.

And? I saw the defendant, Earl Johnson,
go into the alley and walk up to Eddie.

A minute later, I heard a shot.

By the time I got to him, Eddie was
dead.

The defendant started to run. I pulled
my weapon, went in pursuit, and

eventually apprehended him.

You never actually saw?

What happened?

They were standing in the bay of a roll
-up garage door. It was dark.

You didn't see it?

No. And you couldn't hear either?

We don't wire undercover officers in
cases like this. So if there had been a

fight for the gun, you wouldn't know? If
there'd been a fight for the gun, your

client would be dead.

Would you say Detective Bowers was an
aggressive officer?

I would say he was an excellent officer.

Move to strike, non -responsive.

Sustained. I wouldn't say he was overly
aggressive, no.

But he'd fight with suspects.

Yes, he'd use his fists instead of his
gun, which probably saved lives.

But some suspects complained that he
used excessive physical force.

Not one of those complaints was ever
upheld.

Thank you. Nothing further.

Okay, you're up next. I expect it to be
pretty quick.

Don't editorialize. This lawyer will
make you pay for it. Just spit out the

facts.

You expect it to be quick.

Ms. Gamble, you did read the autopsy.

Yes, single gunshot wound to the chest.

Did you keep reading?

Steroids? I'm not saying illegal.

The over -the -counter muscle -building
supplements are identical to the illegal

stuff. Was he ever tested?

For drugs of abuse. Co -carowin. Not
steroids.

Steroid rage.

What? Of course. That's their defense.
Bobby Donald's going to argue that your

partner flipped out. That's ridiculous.
He's got a few excessive force

complaints on his record.

Look.

Eddie never had any steroid rage. He was
my partner for nine years. I'm telling

you, he was an even -tempered guy, and
this was a standard bust.

Well, he had steroids in his system.
Bobby Donald has that autopsy report.

He's going to argue your partner started
the fight.

Trust me.

Commonwealth versus Tammy Rowe.

Possession of controlled substance.

Your Honor, we'd like to, you know...

Wave reading, if that's all right.

Since there's no question of bail, we'd
like to move to suppress the search.

At your convenience.

Why are you so happy?

Just happy to be here, Your Honor.

Why? My client was stopped for rolling
through a stop sign.

There was no reasonable basis to search
her car, and I always enjoy being able

to right a constitutional wrong.

Are you a real lawyer?

Am I?

Yes.

Are you coming on to me?

I would never.

As hard as it is to resist.

I just...

I am so sorry, Your Honor.

I started some new allergy medication,
and it has made me so loopy.

I'd just like to schedule a suppression
hearing, if I could, where I could

question the arresting officer.

Two o 'clock.

Will you be normal by then?

Yes, Your Honor.

Thank you.

What were you doing?

It was technical.

It didn't seem like normal lawyering to
me.

Wait here one second.

I cannot believe you did that.

It was a joke, Jamie. Calm down. It was
not a funny joke. You humiliated me.

This is a real case, you know, and
somebody's freedom is at stake, and you

despised. It was marijuana.

Please. Miss Stringer, if I may ask,
what the hell was that?

Didn't you hear me?

Allergy medication.

Uh -huh.

Listen, I'll give your girl two years.

If you challenge the search, I'm going
for seven.

Seven? What? She had two priors for
coke. Even so, seven years. One was for

dealing.

Look, take the two.

Otherwise... I'll let you know.

You didn't tell us she had a prior for
dealing.

Take your turn.

You don't know what you're missing.

Bobby.

Bobby.

Bobby.

Aren't you due back at one?

The officer died from a single gunshot
wound to the chest.

The bullet exited the body at the sixth
cervical vertebra. It was fired by the

officer's own weapon, a police -issued
Glock. Tell us about the entry wound.

It had powder residue and stippling
burns arranged in a stellate pattern.

Meaning? The muzzle was jammed up into
the victim's chest with pressure.

He was shot point -blank. Thank you,
Doctor.

Nothing further.

The report says the entry wound was
elongated.

Yes. The muzzle wasn't flat against the
body. It was angled.

How did the muzzle get angled?

I don't know. You also don't know why my
client was in the alley or what

happened before the gun was fired?

No. For all you know, this shooting was
accidental.

I suppose it could have been suicide,
too.

But I doubt it. Isn't it possible that
there was a fight for the gun and it

off? It's possible. Or the street was
angled or your client's hand slipped.

or the victim flinched.

Thank you, Doctor. Nothing further.

Ms. Gamble, redirect.

No.

What are you doing?

What do you mean?

Well, Bobby, what's your defense?

Accident? Self -defense?

I don't have to tell you, Helen.

Well, actually, if it's self -defense,
you do have to give notice.

I'll tell you what you need to know.

Bobby, would you look at me?

Are you all right?

I'm fine.

Is he sleeping? Not enough.

Why isn't somebody second sharing? He
won't have it.

Helen, is he really screwing up? I don't
know. He could be laying a trap to

sandbag me. You guys have pulled so many
stunts.

But he seems off.

He's either screwing up or he's got me
exactly where he wants me.

The suspect had proceeded through a stop
sign without coming to a full stop.

Okay. And then you searched the vehicle?

Yes. Finding a packet which appeared to
be marijuana.

Lab analysis concluded it was marijuana.

And the suspect was placed under arrest
for possession of a controlled

substance. All right.

What made you decide to search the
vehicle?

It had a Watch Your Car sticker on the
rear bumper.

I beg your pardon? It's a way to help
citizens fight crime.

They register with us.

We give them a sticker which lets us
stop and search their car to make sure

it's not stolen or being used in a
crime.

On the decal it says, you have consent
to search this vehicle.

Is it a successful program?

Very. Over a hundred cities and towns in
Massachusetts participate.

Insurance companies even reduce your
rates if you join. How many cars in that

neighborhood have those stickers?

Almost all the cars on my beat.

It's how we've cut auto theft and other
crimes in the area by half.

You searched her car because of a bumper
sticker?

One that gave me consent to search, yes.

This wasn't even her car.

It was her parents' car. And her
parents' bumper sticker.

But she knew about it.

So you're claiming you got your consent
to search from a bumper sticker?

And a decal.

Is that legal? A lot of cities have been
doing this. Neighbors banding together

giving up rights.

That's... That's... Unconstitutional?

No court has said so.

I'm going to challenge it. You won't
win.

But this?

A bumper sticker waving Fourth Amendment
rights? Jamie, is the deal still on the

table?

Um, no.

So she's looking at seven years?

Yes.

I walked into the alley to buy heroin.

I'm a heroin addict.

Did you see Officer Bowers there?

I didn't know he was an officer.

He told me he was a drug dealer.

I told him what I wanted. I also told
him his prices were too high.

When it looked like the deal was going
south, he grabbed me and threw me into

the wall.

Next thing I knew, we were in a fight.

I heard gunshots.

His body falls to the ground.

Did you ever attack him?

Never. Did you ever try to take his gun?

I didn't know he had a gun.

I never intended to hurt him.

You were desperate for heroin.

I was eager. So eager, in fact, that you
tried to steal the drugs, which led to

you stealing his gun and killing him.
No.

The objection is sustained.

You have stolen drugs before.

Yes, and I've stolen to buy drugs.

In fact, you're a convicted felon.

Yes. A convicted felon that has lied
about his drug crimes.

Yes. Just like you're lying now to avoid
punishment for this drug crime. No.

I mean...

Lying is a part of my disease, but I am
not. Lying is a part of your disease.

After the gun went off and Detective
Bowers slumped to the ground, what did

do? I ran.

You didn't try to get him help?

I knew how it would look, so I just ran.
Did you take anything with you?

The heroin.

Anything else?

The gun.

The gun?

The gun that had gone off and killed a
police officer.

Yes. Had you grabbed for the gun prior
to it going off?

No. Uh -huh. So you just pick up a gun
that has killed a police officer,

your prints on it, putting it in your
possession.

Well, that makes a lot of sense.

Nothing further.

Mr. Donald?

The defense rests, Your Honor.

I told you, if you challenge the search,
the offer's no good. Yes, that's why

I'm unchallenging it now.

Please. Is this your first case?

My first ca... Are you kidding?

Right. My first, I think, not.

Second.

Look, the idea of this girl getting
seven years... I have marching orders

my office. The deal is off, Jamie.

But on a more positive note, if you look
over there... It

seems they like your work.

Who are you feeling sorry for here?
Yourself or your client?

Both. Before you were feeling outrage,
you need to hang on to that. Use it.

Challenge on Fourth Amendment grounds.

Tap into your outrage.

Okay. Look, this is no time to sulk.

This is where you dig in.

You need any help with research or
anything?

I'm fine, thank you.

Jamie, I'm sorry, I... You know what? I
really have to work on this, Jimmy.

Okay?

Sure.

Got a second?

Better be worth it, Helen.

In addition to being ex parte, you're
coming between me and the crapper.

I already have the sports pages in hand.

I'd like to move for a mistrial.

I beg your pardon? As unorthodox as it
seems. On what grounds?

Inadequate counsel.

You're the prosecutor.

I'm also an officer of this court, and
from where I sit, Bobby Donald's tanking

this trial.

That's a pretty serious allegation.
Look.

The victim had steroids in his system.
It was in the autopsy report.

For Bobby not to take advantage of that.
Maybe he didn't read the autopsy. We're

talking about Bobby Donald. Come on, he
gave a two -sentence opening. His

crosses have been wheat.

Have you even been able to discern a
defense theory?

Yes. Accident.

Look. The defendant is a cop killer.
Clearly, I want to put him away.

But I have a separate obligation to make
sure his rights are protected.

As do you. First of all, nothing Bobby
has done rises to the level of

incompetence. But if we have knowledge
that a lawyer is deliberately trying to

lose... Come on. Do you really think
that?

No. But I think he's hit a wall. He
looks numb.

Look. The law says I'm not supposed to
undermine the defendant's confidence in

his own lawyer.

So far, this idiot seems fine with
Donald.

If you want, you can report him to the
bar when this is over.

Until then, all you can do is your job,
not his.

Tell him.

I will speak to it.

I was going to a party, stupidly. I
brought along a little pot.

I'm ashamed that I did so, but... My
parents are alcoholics, Your Honor, and

so don't want to end up like them.

So I took pot.

Yes. And, Tammy, you've used drugs in
the past, haven't you?

Two years ago, I also stupidly used
cocaine.

I once got enough to share with some of
my friends, and I was arrested for

dealing when...

I am so not a dealer, and I totally
don't do cocaine anymore at all.

Just pot.

It was stupid.

Tammy, referring back to when you were
stopped, did you know about the bumper

sticker on your car?

Well, I did, but I thought it was like
this neighborhood watch kind of thing. I

didn't know it meant they could actually
search my car.

That's not exactly what you said to the
police officer, is it, Tammy?

I was really nervous.

Do you remember what it was you said?

Uh, no.

You told them the bumper sticker had
expired.

I was really nervous.

You were nervous.

In fact, one of the reasons your father
put the bumper sticker on the car was to

deter you from using. Isn't that right,
Tammy?

Yes.

And you knew that, didn't you, Tammy?

Yes. What's up?

Why don't you tell me, Bobby?

What's up?

I'm not following.

Do you think you're doing your best work
in there?

Hey, I'm open to ideas if you got any.
Oh, you're open to ideas.

How about an opening statement that runs
to double digits, syllable -wise?

How about an aggressive cross
-examination?

How about you get it into evidence that
the victim was on steroids at the time

he was killed?

It was a strategic decision. There was
no evidence. Oh, bull.

Your defense has been anemic at best.

Helen Gamble is convinced you're tubing.

Excuse me? She came to me as an officer
of the court and asked for a mistrial.

And I had half of mine to grant him.
Hey, take me off if you don't like what

doing. It's a little late for that now,
isn't it? You want to do my job? No, I

want you to do your job. Hey, I go into
that damn room day after day to defend

people who deserve to rot.

You think that's easy? I expect you to
give your client a defense. He raped a

kid, for God's sake.

He was 13.

You think I can just waltz in there and
get him off?

It isn't that easy, and I'm doing
everything I can.

Your client didn't rape any kid.

He killed a cop.

That was another client who raped a kid.

Right.

Whatever.

Is that it? Can I go? No, you can't.

Bring in Eugene Young to give the
closing.

What? You can't order that. I can, and I
just did.

We'll continue this until tomorrow.

Bring in Mr. Young.

I prepared my closing.

You're not doing it. Your Honor. I'm
giving you an order, Counsel.

Eugene Young will give the closing.

The officer saw the most valid basis
imaginable to search the vehicle.

The decal said, you have consent to
search this car.

The defendant had knowledge of the
bumper sticker, the decal.

And even if she didn't, what we look at
for Fourth Amendment purposes is the

officer's state of mind.

In his mind, seeing that decal, he had a
good faith basis to believe there was

consent. End of issue.

And as for defense counsel's outrage
over this bumper sticker policy, we're

trying to win a war here, Your Honor.

And we're losing.

60 % of the global drug market is in
this country. That's staggering.

If these bumper stickers seem like
desperate measures, we are desperate.

Here we have a town saying, hey, you
know what? Let's help.

Search our cars. We give you permission.

If it'll stem drug traffic, if it'll
save lives, search our cars.

That's what her parents said when they
attached that bumper sticker, which

Rowe knew about.

She waved her right. The search was
valid.

The motion to suppress should be denied.

I had a law professor who would say.

When people start to get scared enough,
the first thing they'll sacrifice is

their civil rights.

And look what we have here.

A whole town full of people slapping on
bumper stickers saying, search our cars.

Tomorrow, decals on the front doors.

Search our house.

Coming soon, maybe a rights -free street
or a town with signs at the borders

saying, if you cross the city lines, you
waive 4th, 5th, 6th Amendment rights.

Maybe one day a whole state will go for
it.

What are we doing?

Are we all going mad?

Mr. Carlton says, what's the big deal?
This is happening all over.

My response, my God, this is happening
all over.

In this day of rampant police abuse,
we're actually saying to them, hey.

Do whatever you want.

What is going on?

What the hell are you doing going to
Squack High? Please don't yell at me. I

will yell.

You call behind my back?

That's defamation, Helen. You disparage
somebody's professional skills, that's

slander. You want to sue me? You think I
won't?

You think I won't? All right, you're
scaring me now. We're friends, for God's

sakes. You go to a judge accusing me of
throwing a case? How could you? Because

we're friends. Don't you ever!

Ever! Bobby, let's go. I need a second.
Bobby. I said I need a second. And I

said, let's go.

Okay? Fine.

The Fourth Amendment protects reasonable
expectations of privacy.

Finds reasonable expectations of privacy
as those society is prepared to

protect.

Does anyone know what they are?

Two years ago I could tell you.

Not now.

We have all agreed to be searched so
often. We travel, we go to the ballpark,

enter buildings.

But I don't know what a reasonable
expectation of privacy is anymore.

Under the law, if Americans post signs
in front of their homes inviting the

police in to search, society no longer
gives me an expectation of privacy in my

home.

God help us when it happens.

As a matter of law, I find the defendant
waived her Fourth Amendment rights.

If she knew about the sticker and drove
anyway.

But I think the prosecutor has to carry
its burden.

that she absolutely did know.

Ms. Rowe, I think you did.

But since I can't be sure, I'm going to
let what little doubt I have cut in your

favor. I'm suppressing the search and
dismissing the indictment.

You dodged a bullet, young lady.

You're adjourned.

I won.

You won.

Congratulations.

Thank you, Ms. Stringer.

The next time I get caught, I am so
definitely coming to you.

We know Detective Bowers was killed with
his own gun.

The defendant, a convicted felon, admits
he was desperate for drugs and was

unhappy when he didn't get them.

He was arrested at the scene, and he
admits that there was some kind of

altercation between him and the victim.

The defense case?

Well, it wasn't just a lie.

It was a mess.

They offered no proof Detective Bowers
was the aggressor. No evidence that

was a fight.

No alternative theory even as to what
happened.

When the defense is this muddled, it
means one thing.

There is no defense.

The evidence of this case supports only
one conclusion.

The defendant attacked the officer, took
his gun, and murdered him.

Last thoughts.

Eugene, I got an answer for this. The
jury needs to hear from me. The judge.

Bob. Mr. Donald.

I believe Mr. Young is closing today.

I'm prepared to close, Your Honor.

Sidebar.

I gave you an order, you son of a bitch.
The jury has no relationship to Eugene

Young. If I don't close, it undermines
my credibility.

It undermines my client's defense.

You guarantee him a new trial. He's got
one half guaranteed already.

You want me to do my job? Let me do it.

I'll close you down in a second if you
thank you.

The closing argument is defense
counsel's last chance to speak to you.

When I began trying cases...

I get nervous before a closing.

Lately, though, I haven't felt nervous.

I haven't felt anything.

Except maybe numb.

What Miss Gamble said about the defense,
she was right. It was muddled.

Terrible. The truth is, based on my
client's record,

it's stupidity.

I judged him guilty.

It's the worst sin a lawyer can commit.
My job is to fight.

I'm supposed to fight the power of the
state.

I'm supposed to fight for justice.

Mostly, I'm supposed to fight for the
defendant.

I didn't do that.

I don't feel anything about that either
except... Maybe tired.

You know?

I am sick and tired of fighting these
cases for these clients accused of these

crimes.

Somebody's got to do it. I get that.

But this time... This time, it shouldn't
have been me.

To my client, all I can say is... I'm
sorry. You know, I...

You got screwed.

As for you, members of the jury, the
question is, did the evidence prove

reasonable doubt that this man committed
murder?

Clearly it didn't.

Even with a half -assed defense, the
prosecution can only guess at what

happened.

Nobody saw or heard anything.

Can you imagine how much doubt there'd
be if Mr. Johnson had a real defense?

My client said he got into a struggle
with somebody who he thought

was a drug dealer.

And the gun went off accidentally.

He is a total piece of crap.

But his version could be the truth.

Did I do something wrong again?

No, Jamie.

I want to apologize for the practical
joke.

I know I've been a little rough on you,
and I'm sorry for that, too.

More importantly, I slipped into the
courtroom and I heard your clothing.

You did?

I think you have real talent.

I want you to know that.

And I want you to know that I know it.

I feel like we should hug.

We're not going to hug, but
congratulations on a well -earned

You'll be having many more of them.

Madam foreperson.

Has the jury reached a verdict?

We have, Your Honor.

The defendant will please rise.

To the charge of murder in the first
degree, I'll say you.

We, the jury, find the defendant, Earl
Johnson, not guilty.

To the charge of murder in the second
degree, I'll say you.

We, the jury, find the defendant, Earl
Johnson, not guilty.

Thank you.

I gotta admit, Bobby, you were giving me
pause there.

But like always, in the end, I walk out
the door.

Mr. Donnell, Mr. Young, chambers,
please.

Congratulations.

I'm sure you're feeling flush with
victory.

Bobby, I'm sitting you down.

What are you talking about?

You were extremely erratic during your
rape trial.

You were all over the place here. You
briefly even forgot the crime which your

client was charged with. I won. Because
the state had no case. And the DA was

too arrogant to charge manslaughter in
the alternative.

You're right. You won.

Which means I can hardly take you to the
board of bar overseers. They'd never

find you incompetent.

But I can control what happens in this
building.

As of now, you're retired from trials.

I'll be calling the chief judge shortly.

You can't do this.

I won't let you. Right now, it's a
month.

Push me, I'll make it two.

You're not well.

Eugene, take him.

The rest will be good.

You think I've lost it?

I think... that rape trial, or whatever
Father

Martin said to you, really shook you,
Bobby.

I'm a criminal defense lawyer.

It's not my fault to be raped.

I'm just a lawyer. It's not my fault.

You need a rest.

You're just tired.

That's all, honey.