All language subtitles for The Practice s08e09 Victims Rights

Excuse me.

I'm sorry to bother you.

Are you a lawyer?

I am.

My name is Ana Viorca, and I need a
lawyer.

I see.

Do you have any money?

Um, um, twelve dollars.

I see.

You know, twelve dollars barely covers
the time it would take me to say I can't

help you.

And since I've already said it, give me
the 12 bucks.

I'm from Romania.

That's a nice country.

Beautiful castles. I don't want to go
back.

Can you please help me?

Anna, what are you doing?

I'm not going back, Dad.

What do you mean you're not? I'm not
going.

Can you please help me? Anna, what's
going on here?

If I go back to Romania, they'll force
me to get married.

Anna, let's go.

One second, sir.

What do you mean they're going to force
you to get married?

They will, like they did with my sister.

This is a family matter. Let go of me.
Mr. Viorca, your daughter is represented

by counsel.

Sir?

I'm sure you don't mean to make trouble.

Oh, but I do.

You're a foreigner. Take your hand off
the girl, or I'll get you declared a

person of interest, which means you'll
be locked up forever without so much as

trial. Don't think I kid you. This is
the United States of America.

I'm about to call for the police.

Excuse me, I hate to interrupt, but this
one's urgent, Your Honor. Alan Shore

representing... Is it Anya?

Ana Viorca.

Ana Viorca, petition for political
asylum.

Res ipsa duzi.

Where's the girl now?

Custody in the INS. We have a hearing
scheduled for 2 o 'clock. How were you

even there? I was filing an appeal on a
household matter and stumbled across the

girl and her father.

Jamie, could you do some political
asylum research for me? I need it

And also dig up whatever you can on the
Roma faith.

Roma? R -O -M -A, yes.

Jimmy, looking well.

Meaning what?

He's always meaning something with his
little comments.

Enough with the comments.

I have a walk -in. Laurent Gilbert.

He's in your office.

He seems in need.

Nine months ago, my wife was murdered.

I'm sorry.

She had been stalked.

And the police were unable to deter him.

And eventually...

She was stabbed in our home.

I've just come from the district
attorney's office.

The trial is set to begin tomorrow, and
I've just been informed by the district

attorney that she intends to offer 15
years.

I'm here wondering whether, as the
husband of the victim, I have any rights

enjoin this.

Actually, you don't.

Clearly, if you were to pursue the
defendant civilly, you'd have rights,

In a criminal proceeding... What
about... Could we get it removed to a

court? I know the federal government
sometimes claims jurisdiction for murder

cases so they can impose the death
penalty, which this man deserves.

Again, you would have no standing to try
to influence a criminal prosecution.

Do you think you could speak to this
district attorney?

This is what he did to her.

You can't do that to somebody.

and only get 15 years.

Could you talk to this DA?

Thank you.

Let's talk about your sister.

How old is she?

She was 13 when she got married. Now she
is 16.

After she was married, did she and her
new

husband... Yes.

My father waved the sheets with blood on
them.

That's tradition.

To show that the marriage was
consummated.

Consummated is a big word for a 12 -year
-old to use.

There's some words I look up.

That's one of them.

Why is your English so good? You have no
accent.

We lived with relatives in the United
States for six years.

My mother was a visiting professor at
Amherst.

And then we moved back two years ago,
and we've been on vacation here for the

last two weeks.

Where does your mother stand in all
this?

It's my father.

You think I want to give him murder,
too?

Look at my office. I'm obsessed with
getting this guy.

I'm just facing the possibility that I
won't.

Walk with me.

Why wouldn't you get him?

It's all circumstantial.

No witnesses or forensics putting him in
that house.

Worst case scenario is, he walks. I
don't think Mr. Gilbert wants that to

happen. Has this guy got any priors? A
ton.

But if he doesn't testify, they don't
come in, Eugene. Look, I am not saying

that we're not going to get him. I'm
just saying it's a risk.

I've explained this to your client. He's
just too emotional to hear it.

And by the way, the defendant turned
down the 15.

What does that tell you?

I notified the Attorney General's
office. They don't oppose.

Well, I do.

Your Honor, all I'm asking is that the
girl be questioned in chambers instead

a big intimidating theater. Come on.

The courtroom is where we conduct all
our legal business openly, notoriously,

keeping with the Constitution and the
intent of our founding fathers.

I do all my business openly and
notoriously, Counsel.

All of it.

How about sex, Your Honor?

You brought before me a motion for
political asylum, Counsel.

That is a very serious piece of legal
business. It will be tried and

in the courtroom.

It's not that she won't get him. She
very well may.

On murder one?

Well, that could be tough. More likely
murder two or... 31 times he stabbed

What could be more heinous than that?

With that many wounds.

Clearly, he kept stabbing her after she
was dead. Now, that suggests a rage or

mental state that goes more to murder,
too. So he could get parole?

This man deserves to get a bullet right
between his eyes.

Look, she's trying for murder once. She
is a good DA.

You mentioned going after him civilly.

I'd like to do that. Mr. Gilbert... I'd
like to do that.

He comes for money. I know he has a
house. Mr. Gilbert, people...

Sometimes get consumed by hatred.

Don't let this man make you more of a
victim than you already are.

I think it would empower me to sue him
civilly.

Would you represent me?

Let me monitor the criminal trial for a
day or two and I'll let you know.

Assuming you are going to sue this man
civilly, let me give you some advice.

It's illegal to use a criminal case for
the purpose of advancing a civil one.

Now, I know you're not doing that,
but... Miss Alexander tells me you've

the U .S. Attorney's Office, pressuring
them.

In federal courts, they have the death
penalty.

That's what he deserves.

Death.

Well, if you hope to have a civil claim
at all...

You need to lay off the prosecutors.

A Chinese girl was granted asylum three
years ago. Forced marriage?

That's the good news, but it's not
precedent.

And Ashcroft has since recalled for
further review all cases involving

a basis for asylum, including forced
marriages.

Great.

Jimmy.

Continuing to look well.

As are you, Alan.

I'm afraid it's against the law for you
specifically to stand there.

Fire code. No egress.

Another fat comment, Al?

All right, Jimmy. I must warn you, in
addition to my knowing jujitsu, I'm also

direct descendant of Johnny Quest.

See how the lips move while very few
words come out? Keep it up, sure.

Keep it up. Hey!

The next door neighbor had noticed a car
parked several nights on this street

with a man sitting inside, looking at a
laptop computer.

Did she get a look at the driver?

No. But she took down the plate number,
then called us after the murder.

The car was registered to Jake Spooner,
the defendant.

We secured a search warrant for Mr.
Spooner's home in Cambridge and executed

And what did you find, detective?

On the defendant's computer, we found
hours of video footage of the Gilberts'

nursery. Did you determine the source?

Yes. The Gilberts had a camera in the
room. They used it as a baby monitor.

It was over their daughter's crib.

Okay, but how did these images end up on
the defendant's computer?

He's the one who installed the camera as
well as the other electronics in the

victim's house.

And he also set up a system to intercept
their videos.

And, Detective, can you tell us what
these videos on the defendant's computer

showed?

On one file, it was mostly the baby
sleeping.

Sometimes Tracy Gilbert came in the room
and played with her baby, and twice she

breastfed her child.

Mr. Gilbert was on it, too, feeding her
a bottle.

But there was another file, where he had
edited together scenes and digitally

manipulated them, giving them some
special effects that he added.

So basically, he made a movie. A
graphic, disturbing movie.

Detective, Tracy Gilbert had been
stabbed 30 times?

Over 30.

Would it be fair to say whoever killed
her would likely be soaked in her blood?

Yes. And yet you found none of Mrs.
Gilbert's blood on any of my client's

clothes, did you?

No. What about his house?

Not blood.

But his prints were all over the
victim's house.

But he'd been in the house fixing some
equipment a week before, right?

That's correct.

Thank you. No further questions,
Detective.

Miss Alexander?

Nothing, Your Honor.

We'll recess and resume with our next
witness after lunch.

I don't even like him. Like who, Anna?
The boy that I'm supposed to marry.

I don't think he's nice. I don't think
he's cute.

I don't think he's anything.

Now, Anna, in Romania, the legal age for
marriage is 18. Am I right?

Yes, but we are Roma.

That's our religious faith.

Tradition is that they arrange child
weddings all the time.

My sister got married at 13.

And he had to have sex.

I don't want to have sex.

You say these arranged marriages happen
a lot?

Yes.

Some of your friends get married in this
way?

Yes. Are they okay with it?

Maybe they are, but I'm not.

Are you afraid of this boy?

No, I just don't want to marry him.

Or anybody else.

Now let's talk about your mom and dad.

Do you love them?

I do.

But that doesn't mean that I have to
follow all their ancient rules,

the ones that are barbaric.

Barbaric? Did your lawyer tell you to
use that word?

Objection. I told her to use
reprehensible, repugnant, and criminal.

with barbaric all on her own.

Continue. What do you think of America,
Anna?

I love it.

Tell me, excluding this marriage
business, if you could choose which

you'd rather live in, what would it be?

America?

I see.

Is it possible this might be more about
your wanting to stay here than it is

your fearing going back there?

It's about me not wanting to get
married.

It's about me not wanting to have to be
raped by some 15 -year -old boy I don't

even like.

A client?

Former client. I represented him 10, 12
years ago. I mean, his name didn't ring

a bell, but when I saw his face... When
you represented him, what was he charged

with?

Murder.

You got him up.

Look, Mr. Gilbert, I was doing my job.
It's not like I like the guy.

Listen, obviously I would have...

A conflict representing you against him.

But let me do this.

I'll monitor the trial a little bit
more.

I'll assess your case.

That much I can't do.

If she's disopposed, I won't make her go
through with it.

Well, according to Anna, her sister was
opposed. She was crying and screaming

when they brought her into the church.
She had to go through with it. The

ceremony was halted and continued only
after she agreed. Under duress?

Mr. Shore, my daughter is afraid she'll
miss her friends here.

That's what this is about.

I'm sure there are many kids coming out
of Disneyland seeking asylum, too. You

are forcing your 12 -year -old daughter
to be married, sir. Please don't equate

that with... There are Mormon families
who do that in this country. The Mormon

Church does not sanction marriage. But
it happens. It goes on. And the police

don't always enforce the law against it,
do they, Mr. Shore?

How about we strike a deal, then? You
leave your daughter here, we'll raise

in Utah.

Objection. Our marital success rate far
surpasses the divorce numbers in this

country. This goes to show you what a
little servitude will get you, right,

Yorker? Mr. Shore.

What happens now?

Well, tomorrow morning we hear from your
mother.

Tell me about her.

She's very nice, smart, a professor.

If you had trouble with my dad, you'll
be no match for her.

You don't think I'm any match for you,
do you?

How are we doing?

Political asylum is tough, Anna.

Though the whole world apparently hates
us right now, we still seem to be the

destination of Joyce.

Do you think you could take me away from
here?

Just for an hour or two.

It's so depressing here.

I'll tell you what.

I'll try to persuade the judge to let me
take you out for breakfast.

May I ask, do you have children?

I'm sure I must.

I know you're going to win.

When I was looking around the courtroom
yesterday, deciding what lawyer to run

up to.

I saw your face, and I knew you would be
the one to save me.

The victim was stabbed 31 times over her
face, neck, torso, hands.

The blows were of such a force her head
was almost separated from her body.

What can you tell us about the weapon?

It was a knife with a 6 1⁄4 -inch blade,
serrated edges.

Do you know if the knife was ever
located?

It was not.

However, we found this knife set in the
defendant's kitchen.

The set is always sold with five knives
of varying lengths.

The defendant had only four knives.

The one with the serrated 6 1⁄4 -inch
blade was missing.

Tests showed that the wounds to Mrs.
Gilbert's body were consistent with the

missing knife.

And did the wounds tell you anything
about the killer?

From the angles of penetration, we
determined that the killer was over six

and left -handed.

The knife you're referring to, would it
surprise you to learn that 5 ,000

identical knives were sold in the last
three years in the Boston area?

No. And to confirm, you never found the
murder weapon?

No, we did not.

Yes, it's circumstantial. But from where
I sit, he's going away.

Murder one?

Well, that I don't know.

I have here an article.

It says where the federal government can
also bring civil rights charges, and it

doesn't amount to double jeopardy. Does
the death penalty ever apply to these

civil rights cases?

Mr. Gilbert.

I would never presume to know what
you're going through, Madame.

Are you getting counseling?

See, I took the liberty of looking at
some of those videos, and there was one

particular. You were sitting in a chair,
feeding your daughter, and what I saw

was a father.

A man full of love, somebody tender.

What I see sitting across from me now is
a man dominated by hate.

Now, while your rage is certainly
understandable, I would think that what

wife would want for your daughter is for
you to try to be the man that I saw in

that video.

I, uh... I don't really know how to...

do anything else right now besides hate
him

and to be honest

i hate you a little as well

for getting him off 10 years ago for
putting

him i'm sorry

Well, my testimony is first up. I
suppose I should get some rest.

Should I give you the big defense
attorney speech?

I gave that speech to my wife at the
time.

I gave it a line, you know.

We represent the guilty, thus ultimately
protecting the innocent.

This is one of the innocents I was
protecting.

After he had worked for us, he kept
coming around, presumably to check the

equipment he installed.

Did this strike you as strange?

Perhaps a little, but we weren't
alarmed.

Until Tracy started to notice him at the
market, the gym, her art class.

He was everywhere she went.

We soon realized he was stalking her.

Did you go to the police?

We did.

They said since these were all public
places, there was nothing they could

really do.

And Mr. Gilbert, at some point you
confronted the defendant.

Did you not? Yes.

Two days before the murder, I asked him
to refrain from following my wife. I

told him he was scaring her and my
family.

I stated I was afraid for her safety.

And how did he respond?

He said if he wanted to harm her, he
wouldn't just follow her around.

My client had been in your house many
times.

Yes, doing electrical work.

Even as recent as a week before the
murder, he was in your house?

Yes. So you didn't regard him as a
threat?

We were getting nervous, but we
attributed it to our own paranoia.

Then, about a week before, he entered
the house without knocking, and it

my wife.

That's when I went to the police.

Two days after that, I confronted him.

I assume you loved your wife very much.

You assume correctly.

Love anyone else as well?

I beg your pardon?

Were you having an affair at the time of
your wife's death?

Did you kill your wife, Mr. Gilbert?

Objection! Miss Willow, you'd better
have a good faith basis for that

Sidebar, Your Honor.

What's this about?

Your Honor, last night I received an
anonymous message.

I submit a copy for your review.

It may be completely bogus, but since it
alleges that Mr. Gilbert was having an

affair and that he is the killer of his
wife, Tracy...

Bogus or not, it's enough to give me
good faith for asking the question.

I'll allow it. Your Honor, I really...
You're on a short leash.

Now step back.

Let's start with the affair, Mr.
Gilbert.

Were you in love with another woman at
the time of your wife's murder?

I'd like to exercise my Fifth Amendment
right not to answer.

It had nothing to do with this case.

Mr. Gilbert, it may be irrelevant, but
we... She's married.

She has a family. I can't... I can't do
this to them.

What the hell is going on?

Am I free to say what you've told me?

No. Let me tell you something.

If you plead the fifth, you gift wrap
reasonable doubt with a big red bow. Do

you understand me?

The fact of the matter is, Mr. Gilbert,
you have no alibi for the night of the

murder.

Nobody can verify they saw you working
late.

The reason we dismissed you as a suspect
is we had no motive. Now we do. Hold on

a second. I'm not trying to threaten
you. I'm just making you aware.

This is what the defense attorney will
play like a trombone.

Our only chance now is to explore this
affair.

Rule you out as a suspect. I'm not
talking about the affair.

Well, then we're done, Mr. Gilbert.

I'll certainly keep prosecuting.

But we're done.

I was married when I was 12.

My mother was married when she was 14.

My grandmother was married when she was
13.

All arranged marriages?

Yes. All successful as well, I might
add.

But Mrs. Bjorka, you do appreciate that
the idea is a little offensive to

Americans. I do.

But Americans have trouble comprehending
non -romantic unions.

Well, marriage without love... Marriage
is about family, partnerships for

parenting. In our faith, it's also about
preserving ethnic identity.

And by the way, arranged marriages still
go on in the United States, however

quietly, for this very reason.

In the United States?

Yes. And I don't mean simply in the
Mormon faith.

It happens with Orthodox Jews, the
Greeks, Muslims, Hindus.

There are thousands of such marriages
every year in this country.

You see nothing wrong with forcing Anna
to be married or to be raped.

If she doesn't consent to consummating
the marriage, Mr. Shore, then sex

shouldn't happen.

But Mrs. Viorca, come on, if her 15
-year -old husband overpowers her in the

name of religious consummation, he's not
going to be prosecuted, is he?

First of all, how dare you presume Roma
boys to be rapists?

Because consummating the marriage is
part of Roman tradition.

Consummation is traditional in America
as well.

But if the bride says no, we don't
assume rape.

We assume capacity to give consent.

We can't do that with a 12 -year -old.
You don't know our culture. I know this

is an archaic practice that has no place
in this child's life today.

I know persecution, Mrs. Fiorca. I know
crime.

In this country, you take newborn babies
and snip off the ends of their penises.

I imagine some other cultures would
object to that.

The United States believed in executing
human beings, while every other

westernized country finds that barbaric.

Yes. I'm sure we could exchange cultural
barbs ad nauseum. It wouldn't change

the fact you're this girl's mother. And
I love her deeply.

And perhaps you would entertain a
radical idea that a mother might know

best for her daughter.

And perhaps you could allow for the not
-so -radical reality this girl is a

child. Whose parents deserve the right
to raise her according to their culture,

even should it have the audacity to vary
from the United States of America.

Told you she'd be tough.

Yes, you did.

Anna, should we win here?

Are you going to be happy being raised
by your relatives?

Maybe I'll marry you.

Gotcha.

My relatives understand.

They'll look after me.

Won't you miss your parents?

Of course I will.

I'll probably cry forever.

But it's not right that I should be
forced to marry somebody I do not love

even like.

That is not right.

Jury's out.

Who knows for how long, with your friend
taking the fifth.

Who are we kidding?

Do you think it's possible he could have
done it?

I don't know.

You know, we always go to the spouse
first.

Because he had no alibi.

We interviewed every person in this
guy's life. All of them said he was

to his wife and family.

Hopelessly in love with her were the
words most often used.

I don't see him.

stabbing her 31 times.

Now, I don't think he could have done
it.

To answer your question.

Representing the United States, a
country being condemned

worldwide at the moment for imposing its
views beyond its own borders.

Do I favor arranged marriages?
Absolutely not. When children are

find it abhorrent, as I'm sure you do,
Your Honor. But it is simply not our

right to dictate our notion of morality
to foreign countries.

Anna Vyorka is a wonderful little girl,
but by her own testimony, she's not

really afraid of getting married. She
just doesn't want to do it. That simply

fails to rise to the legal threshold of
persecution that warrants... This

girl has a loving family, eager to
safeguard her future according to their

culture and their tradition. As much as
we might reject that tradition, it is

not our right to substitute our own.

Your Honor, these are not particularly
proud times for Americans. Around the

world, we're increasingly perceived as
imperialists. Where they get that, I

haven't a clue.

But I think we can all agree the last
thing we need to do right now is to

continue to police more foreign
cultures.

The truth is, I agree with almost
everything Mr. Bennett just said. But

a child facing an enforced marriage she
does not want.

Facing enforced sex she does not want.
This isn't tantamount to rape. It is

rape.

Rape.

It may surprise you, but I happen to be
a very proud American.

And where I remain most proud of our
nation is in the belief that its people

remain strongly committed to human
rights.

At our noblest, the United States serves
to protect the weak, the oppressed.

A 12 -year -old child.

is asking you today to spare her from an
unimaginable atrocity.

I fully understand we can't be policemen
for the world, but how about for

one innocent, vulnerable child?

You sure you want to be here?

They know he killed her. They have to
know it.

Mr. Foreman, have you reached a verdict?

We have, Your Honor.

The defendant will please rise.

What say you?

The matter of Commonwealth v.

Jake Spooner on the charge of murder in
the first degree.

We find the defendant, Jake Spooner, not
guilty.

Thank you.

This completes your service.

Mr. Spooner, you are free to go.

We are adjourned.

You okay?

Mr. Gilbert.

I can still pursue him civilly, right?

Well, that of fair business would come
up in a civil trial, too.

Mr. Gilbert, I don't mean to sound like
a broken record here, but you really

need to let it go now.

I mean, you have a little girl. You have
your entire life ahead of you.

I keep saying I got nothing to say

other than this was justice.

I'm innocent.

I didn't stab anybody.

And I'm grateful that the jury saw it my
way.

And now I'm just going to try to get
back on with my life.

Witnesses reported a blue pickup fleeing
the scene.

There has been no description of any of
the occupants.

Did he order it?

Gilbert? I don't know.

Who else would have done it?

I don't know.

Where is he?

Police got him for questioning.

Is there a reason you're not with him?

I'm done with the man.

People from all over the world appear
before me every day begging, please let

stay in this country.

Some facing unimaginable poverty,
oppression, or cultural hatred.

We typically uniformly say no.

Here we have a young girl who quite
justifiably doesn't want to have her

forced in marriage at the age of 12.

Mr. and Mrs. Viorca, I find this Roma
tradition to be repugnant, even

sick. But I realize that could be my own
cultural bias talking.

And I am mindful that the legal test for
persecution is not how I feel or even

what Anna feels, but what the reasonable
person in Anna's predicament, in Anna's

country, would feel.

The testimony and evidence seem to
clearly establish that these forced

typically happen in the Roma faith.

That it's a cultural norm.

And that the reasonable Roma 12 -year
-old girl does not feel persecuted by

them.

Looking at this through their lens,
which I am required by law to do.

I cannot find the level of persecution
that would authorize me to grant asylum.

Mr. and Mrs. Villorca, I would love
nothing more than to impose my American

culture and my American values upon you,
but I can't.

All I can do is hope, even pray, that
you abide by your daughter's

wishes.

The plaintiff's petition is denied.

The minor should be immediately released
to her parents.

Can we appeal?

No.

What do you mean?

There's always appeals.

Not on this.

That's not right.

Why can't... Anna?

You need to come with us now.

I can't.

You need to come with us.

I'm sorry.

Thank you very much.

Goodbye, Mr. Shore.

Goodbye.

What do I do with this wrongful death
research?

Put it in the file.

We may send off an opinion letter if he
ever asks.

And make sure we bill him.

Well, well, well.

What have we here?

Grieving husband?

Murderer? Devil?

All of the above?

The police just questioned me for five
hours and released me.

Yes, well, I'm sure there was no
evidence.

I'm sure the job... was immaculate.

You stood beside me, Mr. Young. You, of
all people, know I didn't kill Mr.

Spooner.

I don't know you didn't order the hit,
but I'll tell you this.

Standing beside you, I had the
opportunity to see your face when your

killer went down.

You didn't look surprised, Mr. Gilbert.

One could almost conclude you expected
him to get shot.

Is that what you think?

Here's what I know.

You were desperate for the death
penalty.

You said to me he deserves a bullet
right between the eyes.

Those were your exact words, Mr.
Gilbert.

Quite a coincidence, don't you think? I
mean, considering where he got shot.

You never had any affair.

You sent that anonymous note to the
defense counsel.

You set yourself up with the question.

Then you played the fifth, knowing full
well your wife's killer would be set

free.

Then you had him executed.

Because that's what he deserved.

Mr. Young, I'm sure Mr. Spooner had many
enemies who wanted him dead.

After all, we know he killed before,
right?

He was only free on a technicality.

Because you were able to suppress most
of the evidence.

That's why you chose me.

You knew all the time I'd gotten them
off.

I wish you well, Mr. Young.