All language subtitles for The Practice s08e14 Pre-Trial Blues

Brenda Wilbur, who I believe you know.

Brenda Wilbur. Yes.

She's dead.

What? Somebody bludgeoned her or
something. Wait, wait, slow down. The

are out there. I was there. I had made
love to her earlier, and now they're

to ask me questions.

Paul Stewart, are you his lawyer?

Mrs. Piper.

Alan Shore.

I grew up here in Dedham.

I need money, Alan.

So much so I sometimes see it in my
dreams.

I especially saw it at 10 .30 last night
when I saw Paul Stewart coming out of

Brenda's house.

How are we arranging to pay her off? I
cannot bribe this witness.

I'm not letting my only child go to
prison.

As a childhood friend who grew up with
you, did you commit this crime?

The answer's no.

I did not.

Wives don't statistically leave their
husbands over infidelity.

With the remotest possibility that you
walking out could be perceived as you

thinking he's guilty of murder, and
there is that possibility, you cannot

out that door now. Maybe I do think he's
guilty of murder.

Brenda Wilbur was a beloved member of
this community, a lifelong resident. I'm

assuming she practiced confession. Did
she ever mention it?

If you know anything you can share,
Tom... I can't break the confessional

Did he do this?

People change.

If you only knew what I've become.

When you were 16, you slept with your
best friend's mother.

How have you changed, Alan?

All I'm asking, without breaking the
seal of any specific confession, is that

you reveal to me generally whether
any... I thought we were going out for

old friends.

You knew something?

Why do you insist on that?

Because I can read you. I could when I
was ten.

Tom.

I know absolutely nothing that bears on
this case.

How about you let me be the judge of
that? And if I knew anything, Alan?

The information wouldn't be favorable to
Paul.

You said yourself.

There's no way he could have done this.
I don't believe there is.

Look, and this is all I'm going to say.

Brenda felt like he was becoming
emotionally involved with her.

It concerned her. She talked about that.

There.

I've broken seal.

Thank you very much.

I hope you're happy. Now I need to go to
confession.

That's all?

Yes. I don't believe you.

I forgot. Come on, Tom.

Don't insult me here.

This girl ended up in some very unlikely
places. You of all people know that.

Meaning?

Tom.

Was she ever with you?

What? You hurt me.

Were you and Brenda ever... You've got
to be out of your mind.

I am.

Were you ever out of your... with
Brenda?

I'm offering you a little window, my
friend.

Whatever you share with me here, It
stays confidential between two old

Whatever I should turn up on my own,
however, I will use.

I'm not kidding.

Two old friends having a beer.

Stays between us.

You have my word.

It happened once.

When? Two years ago.

She was in my office in distress over,
you know, who knows what affair she was

having.

She was describing it. She felt demeaned
by the sexual nature of it.

She was rather graphically describing
the events.

And God help me, I got aroused.

I'm not sure I was even...

Aware of it.

But evidently she was.

And she propositioned me.

I don't even know how to respond to
that.

I'm shocked.

Stunned.

I'm jealous.

I am a good priest.

This stays between us, Alan.

It had nothing to do with this case.

His name is Terry Glazer. He's a
professional jury consultant.

I thought I was meeting with a witness.

You are. Mr. Glazer will be in later.
You're to drive him to Devon. Interview

people. Has anybody seen Tara?

She's out with a client. She'll be out
all day.

I need a typist today, Alan.

I'm sure Jimmy can type.

What'd you say?

Tara works for the firm, Alan. Not just
you.

Forgive me, but since I just brought in
$750 ,000 on top of the $2 million

before that, on top of the $3 million
before that... We all have caseloads

I've seen your caseload, Jimmy. And
trust me, Tara can't keep up with an

ambulance. You know what? Hey, I have an
important trial starting next week.

Keep that man away from me.

Hello? Catherine, this way, please.

Wow, for the fancy suits, I'd never have
guessed you worked in such a crap hole.

This way.

My, aren't you black?

Hold on.

She's a prosecution witness. Why is she
here?

Because I care, sweetheart.

Come on, Catherine.

Thank you for coming in. I'm not giving
back any of the money. I don't want to

hear anything about money or any
transaction, Catherine.

This is Jamie Stringer, my associate.

Hello, dear. Hi.

I want you to go over your testimony
with Jamie. Every single... That wasn't

part of the deal. There is no deal,
Catherine.

You are a potential witness in the
trial.

You'll likely be called to give
testimony.

We need to know exactly what the
testimony will be. I'd like you to sit

Jamie and tell... I'm sorry. I'm afraid
that's not possible.

Why not?

No offense, sweetheart.

I'm sure you're darling.

But your mouth looks like a drive -thru
window for oral sex.

I'm a Christian woman.

Get me another lawyer.

What the hell is this?

She's nuts.

But we need her.

What's this deal she's talking about?

The two of us played strip mahjong last
night. It got rather ugly.

Alan? Get her testimony, then meet with
the jury consultant and get to Dedham.

And according to Father Dugan, Brenda
believed that you were becoming

emotionally involved. Is that true?

I don't know.

Paul, look at me.

Next week, we defend you on murder
charges.

I need to ask you personal questions,
perhaps uncomfortable ones, and you need

to answer them.

Were you in love with Brenda Wilbur?

I believe I wasn't falling in love, yes.

And did she indicate her feelings
towards you?

She indicated that she was only
interested in sex.

I'm sorry.

Alan just called. He's on his way. He
wants you to meet him at the courthouse.

Are you in love with her?

I'm sorry?

Your wife, are you in love with her?

Of course I am.

Paul, I keep sensing that you are
looking to present yourself in the best

possible light, and that helps neither
me nor you.

Are you in love with your wife?

No. Is she with you?

No.

We share the same commitment to our
children.

We like the same movies, same books.

We're two wonderfully compatible people,
actually.

Perfect couple.

Romantically dead.

Mr. Shore is free to review our autopsy
report.

There's no need for... I want to conduct
my own.

Why? First, because it's fun, and
second... It's indecent to the victim to

dissected and probed again. The victim
is dead. I'm sure she's got other things

on her plate.

Mr. Shore, we don't make fun of the dead
in this courthouse. I can see why

there's so much sport to be had with
living.

Look, Your Honor, the defense is
entitled to conduct its own autopsy. I'm

looking for a favor.

I'm exercising a right.

Mr. Clark, let his people examine the
body.

What else we got?

That's it, Your Honor.

Chambers.

Okay, let's cut to it.

We... What are you doing here?

This is just for lawyers.

Mr. Shore is acting as my agent, I
therefore... This meeting is for counsel

only. I'm paying for it. Either show me
your bar card or get the hell out of

here. It's not nice to remove people,
Marcus.

What's the expression?

What goes around comes around?

Victoria, you may run this town, but you
don't run my courtroom.

Either get out or I'll have you thrown
in a jail cell.

I could be wrong, but I think he wants
you to leave.

That woman needs to get laid.

Okay, sit.

I spent a whole day yesterday poring
over this case.

Mr. Clark, it's all circumstantial.

Mr. Shore, it's clear as hell that your
guy did it.

I say, go voluntary manslaughter.

Eight years.

The media can go screw themselves.

All in favor?

You must be joking.

Hey, Al.

You haven't lived here in a long time.

Why don't you go to a reunion or two?
Hang out.

Go shoot a few games of pool down at the
pub.

You know what the buzz is here in your
jury pool?

He's guilty.

You know what, guys? I'd like to move
for a change of venue.

Too late. All motions were to be filed.
It's never too late.

By the way, if that's a buzz you're
hearing around the checkerboard down at

barber shop, you have a duty to remove
this to another venue.

I like to think my ability to run a fair
trial can overcome any potential

jury bias.

If I were you, I'd plead.

You're not.

I won't.

I hope counsel is looking at the
evidence objectively.

I never do that, Your Honor. Do you?

Get out.

I want to talk to Mr. Clark.

That would be ex parte. We don't talk
Latin here in Dedham.

Get the hell out of here.

Perhaps I could interpret for you. I
have the right to be present at any

meeting. I want to talk fishing, and I
don't want you learning my favorite

holds.

Out!

You'd better add manslaughter to your
pleadings.

Manslaughter?

He took a hammer to her head 20 times.

Exactly.

This Shore character is smart.

He might very well get up there and say,
whoever did this must have been acting

in the heat of passion.

If the jury doesn't have manslaughter to
fall back on, they might have no choice

but to acquit. Judge, Paul Stewart is
well -liked.

If they do have manslaughter to fall
back on, they might do so just out of

sympathy. Your case is circumstantial,
Harvey.

This sure is a shrewd SOB.

And you'd be smart to keep all your
options open.

This isn't manslaughter.

He actually said that.

I need to get laid.

I'm keeping track of everything he says
in case we should need it for appeal.

And is that why you're here?

Because you agree.

I'm sorry?

That I need to get laid.

No, that's not why I'm here.

Pity. I would think your son being on
trial for murder might put a slight

in your libido.

Crisis might lower sex drive.

But it also intensifies loneliness.

Ah, the passive -aggressive come on.
Much better.

The reason I'm here...

I've made a mistake.

It seems I should have moved for a
change of venue. After all, I thought

popularity within the town would work in
our favor.

Where I miscalculated was with the
profound contempt the people of Dedham

to have for you.

I know this is difficult to hear, and
I'm sure much of it has to do with envy

a rich, powerful woman who young boys
want to sleep with.

But I need to distance you from the
defense team. You need to be in the

background. Far, far in the background.

I want you sitting in the back of the
courtroom.

You can't be entering and leaving with
us. I can't have the jury looking at

and getting so much as a glimpse of you.

Hey.

You're a wonderful woman.

And I like being the only one.

Oh, my feet are killing me.

You're just getting back?

It's 10 o 'clock.

Yes. What are you guys still doing here?

I have my motion to compel tomorrow.

Remember? You're going to help me with
that research?

Well, I'm sorry, Jimmy, but I've been
huffing and all over Dedham with a jury

consultant interviewing... You see?

All right, let's just... It's not all
right.

The guy is monopolizing associates like
he's a partner, which he isn't. And I

am. Jimmy, he's about to start a new
trial. We all have trials, Eleanor.

I'm sick of this. And I'm also sick of
you making excuses for the guy.

Good day at the office.

How's it going?

Our expert jury consultant has deep
concerns.

Yeah, well, if anyone can pull it out,
Alan's the guy.

Eleanor...

What? I think I got a peek at how Alan
pulls things out.

What do you mean?

Jamie, finish what you started to say.

Well, I think, and I can't be sure, but
I think.

Catherine Piper, that wacky prosecution
witness that was in this morning, I

think she's being paid to modify her
testimony.

I beg your pardon? There was all this
cryptic talk about a transaction or a

deal, and Alan tried to shut the
conversation down, like he didn't want

hear it. And again, I can't be positive,
but I think this fruitcake is being

paid off.

We've had this discussion already. I
don't care. Wendy. Shut up, Paul. Where

the kids?

With my mother, where I will be shortly
unless you'd like to run off after

yours. But listen. This doesn't concern
you. If you leave now, you'll be

indicting him with the jury pool. I
don't care. What is going on? What's

suddenly changed in the last few hours?

What's changed, Paul, is you loved her.

She wasn't just some... You loved her.

And I can't wake up in this house with
you.

And I can't even pretend to be on your
side. Where's all this hurt coming from?

It's not like you love me. What is it
about?

I won't be your damn trial prop.

I won't walk into court as the loyal
wife.

Good luck.

Goodbye.

Tom. Good Lord, Alan, you scared me.

What the hell are you doing sitting
there like that?

Tom, what we talked about as friends
over drinks, you and Brenda,

I'd like your permission to use it.

What?

Use it how?

It doesn't bear directly on this case.
You gave me your word that you wouldn't.

And I'll stick to my word.

I won't do anything without your
permission, but please, hear me out.

The way Brenda propositioned you, it is
extremely relevant to establish her

sexual aggressiveness.

The idea that she could have brought
somebody home, perhaps a stranger even,

then killed her, that's a real
possibility.

One I need to be able to convince a jury
of.

The fact that she came on to a priest
is...

Tom? No.

It would destroy me. My parish.

No.

Not to mention it's completely
extraneous.

You just... You look desperate, for
God's sake. I'm afraid I'm feeling a

desperate.

I'll honor my word.

I won't reveal your secret unless you
allow me to.

But please, please think about it.

I've been subpoenaed.

By the prosecution.

Why?

He came here the night of the murder.

Paul? Yeah, he said that he needed to
confess.

And he panicked. I think because he
heard other people. He fled before he

into the confessional.

Why did you not tell me this?

I felt it was private between a
parishioner and his priest.

So why are you telling me now?

Because someone on the cleaning crew
evidently overheard it and reported it

the police.

It's not private anymore.

I went to confession because I just...

Plessy affair.

I was in shock, in crisis. I needed to
speak with my priest.

I didn't go to confess murder. I
understand.

But this doesn't look good, Paul.

You're seen leaving the victim's house,
then seen minutes later rushing to a

priest ostensibly to confess.

They have no witnesses to my leaving the
house.

You hope.

Where's Wendy now?

She's still at her mother's. You have to
get her back. She's not coming. Keep

trying.

I want her in the courtroom.

I'm going back to the office to meet
with the jury consultant. Wadir starts

after lunch. I want you there for that.

Okay.

You okay?

I don't know.

I'll stay with him.

Whatever you're feeling, your public
face has to remain stoic.

Photographers will be snapping pictures.
Any likeness of you in the newspaper

must be that of an innocent man.

Miss her.

Of all the times not to be able to talk
to her.

We'll try to get her back.

She's dead, Tara.

I can't talk about that in public, can
I?

I can't let the potential jury pool see
how much I loved her. I can't let people

see me grieve because...

I'm

sorry.

I'm sorry, I just... It's okay. No, I
don't mean to.

I apologize.

Somebody you love has died.

You're allowed to grieve.

An older

black woman.

That's your ideal juror.

Somebody with life experience. Somebody
who understands that infidelity doesn't

mean murder.

And if there's any minority at all, grab
him or her. A minority is your best

chance for a hung jury. I can show you
the statistics.

Never mind what I want.

Tell me what we figured again.

Middle -aged white males who never went
to college.

Blue -collar men vote to convict 98 % of
the time.

Great. It's worse.

Blue -collars statistically resent rich.
They resent doctors. And here's one

you'll like. They resent rich men with
mistresses.

We're defending a triple crown winner.

You need to pray that there's at least
one black woman in that pool.

I have a series of litmus questions for
you, but basically, you want black

female. Black female, black female.

Am I being too subtle?

George Bush is a great man.

Because? Because he's president of the
United States.

You don't get to be president without a
measure of greatness.

Bill Clinton.

What about Bill Clinton, sir?

He's okay.

Okay? What happened to you don't get to
be president without a measure of

greatness? Mr. Clinton is brilliant,
he's an excellent politician, but he

committed infidelity.

I can't respect any person who does
that.

Your Honor, I move that this juror be
excused for cause.

Objection. I'm not removing him. Your
Honor, my client was unfaithful to his

wife. Clearly... I'm not removing every
juror who can't respect infidelity.

We'd have nobody left.

Defense exercise is one of its
peremptory challenges.

Thank you, sir. You are excused.

What? Sir, please leave the room now.

Fine. As far as I go, infidelity should
be a crime.

Put him in jail.

I hear you.

Yes, I do.

Yes, I do.

What is up with you? What are you even
doing here?

Well, I came to watch you in voir dire,
see how you relate to the jurors. You

aren't allowed in there. You're a
witness, Catherine.

Oh, that's right.

That must be why I'm here.

I'm a witness.

I need another $50 ,000.

Actually, that's a lie.

I don't need it.

I just want it.

First, if it's for all the elective
surgeries, you do need it.

And second, $50 ,000 won't nearly get
the job done. The answer is no.

I want the check by tomorrow.

Tell Victoria I feel an attack of
conscience coming up. Your conscience?

a pinprick.

Alan. Catherine.

Alan. Catherine.

This give and take is a little like
tennis, isn't it?

You know, the game with the racket and
the balls.

Actually, I've got your balls.

Have an idea.

And if you don't want me making a
racket, you'll tell Victoria to get me

extra 50 by tomorrow.

We proceeded to trial quickly, frankly,
because it was a simple investigation.

The guy was caught.

He was seen leaving the house.

He left his prints, hair, and fibers in
the house.

The question I'd ask is why did the
defense agree to a quick trial?

And I suspect the answer is because
they're trying to trade on the doctor's

reputation before it's shot.

Hello, detective.

Nice to see you talking to a reporter
commenting on the evidence. Be sure to

that spelling right. It's M -C, capital
C, A -R -L -E -Y.

Excuse us.

See, Kev, the idea from your side is not
to give defense any grounds for appeal,

talking to the press, contaminating jury
pools, that kind of thing.

State of mind is no excuse, by the way.
You can't plead stupidity.

Thoughts?

The reason this is being tried here in
Dedham is because you didn't move it

you had the chance.

You didn't want to move it because you
wanted to come back here and put on a

show in your hometown, and now it's
backfiring.

You're not even a criminal attorney.
Your specialty is antitrust.

Oh, you're here to help out your friend,
aren't you?

You're a fraud.

Norfolk County is a little rigid.

You can't change venue?

Apparently not.

And some of our witnesses make us
uneasy.

Which witnesses?

Catherine Piper?

Let's do this.

Alan?

Can we see you a second?

Jamie evidently heard an exchange
between you and Catherine Piper, which

to conclude that this witness may have
been bought. Do you know anything about

that?

And why would Jamie think that?

You'd have to ask Jamie, Eugene.

I did.

She heard the witness talking about a
deal, a transaction, and then she heard

you shut the discussion down.

What's going on, Alan?

And don't lie to us.

It appears that my client's mother may
have bribed Miss Piper.

I wasn't present for it, and I don't
know. I don't want to know.

That's why I instructed Miss Piper to
tell me nothing about whatever deal they

may have entered into.

Well, it seems like you have enough to
go to the judge. I don't, and I won't.

You won't?

Look, listen to me, Alan. I'll take a
pass on that, thank you.

I've done nothing but listen to you
since I walked through the door.

And frankly, Eugene, I'm tired of
listening to you. You're not that

Let's make a little deal.

Until this trial is over, I'll keep
completely out of your way. You stay the

hell out of mine.

He's gone.

Eugene, obviously he's feeling a lot of
stress. This is one of his oldest

friends on trial here.

Eleanor, when this trial is over, that
man is gone.

I'm not good with dead bodies.

What about Tara?

Tara loves dead bodies. It's worrisome.
I'm serious.

Death makes me nauseous. Jean, it so
tickles the rest of us. Tara's busy

interviewing witnesses. I need to go see
Paul who's on the verge of a breakdown.

I need you to meet with a medical
examiner. So please, just do it.

Hello.

Where is he?

In his treehouse.

Believe that?

His treehouse, the one he and I... It's
still standing.

You two swung a pretty good hammer back
then.

I suppose I shouldn't say that.

George Scott Whiffs, inning over.

Isn't that our password?

Enter. I can't believe this thing is
still standing.

It's been renamed.

Home for Bad Husbands.

I can't tell you how many times after
fights with Wendy I come up here to sit.

Remember all our secret compartments
behind the beer, cigarettes, and pot?

I found some of the old pot a few years
ago, by the way.

Smoked it?

Is there any left?

What's going on?

I don't know if I can make it, Alan.

You'll make it.

Tara tell you how much I miss her?

Brenda?

No, she didn't.

I have so much to be humiliated about,
but being ridiculously in love with

someone who didn't love me back.

That's always a good one.

Am I gonna beat this?

Case is circumstantial. They don't have
a murder weapon.

They...

I

don't know.

I'll make a deal.

Give me an acquittal. I'll get you back
here after and I'll bring the beer.

Bring a lot.

The D .A. wants to meet with me. I think
he plans to offer murder, too.

I assume... you wouldn't want to accept
that.

This feels like a test.

It isn't.

I won't accept murder, too.

This is crap. Came all the way from New
Haven. What exactly is the problem? Oh,

you see exactly the problem. Look, I
don't actually have to see the body,

You can just tell me.

Words don't tell story. You'll need to
see.

Wonderful.

Report says, 35 -year -old attractive
woman, beaten to death, bit hammer.

Not beaten, not attractive, not woman.

What the hell?

This is not Brenda Vilba.

You destroyed her?

Evidently, she was mistakenly ID'd as a
transient.

And a normal procedure post -autopsy...
Look, we screwed up. You think?

Technically, you need to file a motion
to preserve the remains.

You didn't do that. It's evidence. I
hardly need file a motion.

Don't destroy evidence.

Our autopsy was complete, so even if we
had... Hold on.

I need to ask the obvious question,
however delicate.

Did he take the body home with him to,
you know... Hey, bite me. Kevin? I've

it with this ass.

He's enjoying this. He's been smug since
the fifth grade, and I'm sick of it.

All right. I'd like to respond to that.
First, yes, I am enjoying it. I can't

wait to tell the jury you accidentally
destroyed the corpse.

Second, I believe I was quite humble
your third year of fifth grade. You know

what? Just be quiet.

Look, as I said, you'll get the relevant
tissues and fluids, plus the reports.

You won't be prejudiced.

Now, can we discuss a plea?

There isn't going to be a plea.

You're making a mistake.

You have a little booger.

Alan, you can't really want to try this
case.

Oh, but I can.

Excuse me.

Hello.

I'll be right there.

There's a sale.

I did tell the police.

They think I got the wrong house or
something.

How old was the woman?

I couldn't really tell. She was all
bundled up.

You sure she came out of Brenda Wilber's
house?

90 % sure it was her house, yeah.

At 7 o 'clock?

Around then.

Could you see her face at all?

No, no. She was all bundled up and
stuff.

The reason I remember is there was no
car out front, which made me think she

was, like, going for a walk or
something, which was strange because it

colder than a witch's.

I'm sorry.

That's all right.

I'm actually not a witch.

Excuse us.

Look, get the best description you can.
Clothes, everything. Then get over to be

with Paul.

I'm worried about him being alone. I'd
go myself, but according to our jury

consultant, we have another emergency.

What?

You.

Me. I interviewed people from the jury
pool. You went over like lead.

Too urban. Too slick.

Too smart.

Too smart.

This is a blue -collar, uneducated,
overweight, lunch -bucket town. You're a

smooth, Harvard -type sophisticate, and
they don't like you.

You need to find a Joe Schmo fat
Catholic and put him at your table.

What did you just say to me? I asked you
to be part of my team, Jimmy.

What's going on? Nothing's going on. I
need you.

He's setting me up for something. No,
I'm not. Look, you can't have him.

already got Jamie. I'll return Jamie. I
need Jimmy.

Really?

So I'm going to ask the same question he
did.

What's going on? What's going on is I
think Jimmy could be an asset. Look, put

it on the table or you don't get him.

Dedham is very blue -collar. The jury
consultant thinks I will alienate the

because I'm well -dressed and...

Look like I read, and well, Jimmy
doesn't.

That's it!

Hey, get off him!

Hey, get off me!

Alan, back!

Jimmy! What the hell's wrong with you?
What the hell is this place?

You all go to great lengths to establish
a team philosophy that will all jump in

together when need be. I need him!

I need you!

You want to build yourself as Jimmy the
Grunt for your own personal gain.

Well, I need you to sit your fat ass at
my table and send that same message

again. Not for me, not for you, for the
client.

The client.

Who happens to be innocent.

So, how can I help you?

Well, I come to you with a very heavy
heart.

I've been to my pastor, but I'm afraid I
can only... Well,

may I sit?

Sure.

There's no easy way to say this.

I saw Paul Stewart leave Brenda Wilber's
house around 10 .30 the night of the

murder.

Excuse me.

Did you say 10 .30?

Paul's mother paid me $600 ,000 not to
come forward.

I'm ashamed to say I accepted.

But my conscience just won't allow me to
go down this path.

I simply have to tell the truth.

He was there. I saw him.

It pains me to say it, but I have no
doubt he killed

that woman.