All language subtitles for the_practice_s04e14_checkmates

They're not dismissing.

Well, what about doing that motion for
discovery?

Daryl, we've already been... Because
they need to discover that I didn't do

this.

The motion for discovery just asks for
state's evidence, which we've already

done. What we're talking about now,
Daryl, is the trial.

Oh.

And we need to do that, right?

Because as long as I'm in here, well,
then my grandmother's all alone.

She's too sick to come to court as it
is.

I still think our best hope, Maybe with
mental health issues.

With a borderline IQ and your background
of physical abuse.

But I told you before, I don't want to
go to a mental hospital. I want to go

home. I understand what you're saying.

I really do.

But if we lose the trial, you won't get
to go home either.

But we can't lose because I didn't kill
the kid. Well, unfortunately, it doesn't

always work that way. But I can tell him
I didn't do it.

Yeah. Well, I think the prosecution
might ask for more than that.

Forget it. Richard, he is 17 going on
12. You had your evaluations. The kid

stand trial. Come on. I know there's a
big humanitarian trapped inside that

little Nazi body.

Oh, yes. Make little jokes. That's very
big of you, Eleanor.

Look, Richard, I know you and I have had
our differences. Ask Brian Tebbett's

parents what they'd like to work out.
Your client killed their eight -year

son for sport. Daryl Hutchins has the
IQ. I am not making any deals.

I'm sorry.

Anything? Nothing.

Was your father beating you?

Because if he was, we could be talking
self -defense.

Is that what happened?

Your neighbors heard you and your father
arguing last night. Someone saw you

running from the house.

If you panic, that's totally
understandable.

Wendy, look at me.

Look at me.

Let me help you.

You tell me it was self -defense.

And that's what I write down.

I wasn't in the house.

She's not going to talk. Where's the
boyfriend?

Next room.

Listen to me.

If she goes down for murder, you could
be an accessory before the fact.

That life in prison.

You ready for that?

The fact that this just happened last
night could be a big break for you.

Maybe you didn't know what happened when
she called.

Maybe she didn't tell you till later.

You come forward now, you won't look
like an accessory at all. I'm not going

talk.

Look, Scott, I could be your friend here
or not.

My dad's a police officer.

I know my rights, and I want a lawyer.

Who's your dad?

Detective Frank Lopes.

So get me a lawyer.

You heard?

It's Frank's kid.

Any ideas?

Well, you should probably call Frank.

I think we owe him that.

This will kill him.

I am not commenting on the facts of the
case. I am merely stating my opinion

that the Commonwealth is turning into a
police state.

Daryl Hutchins doesn't have the mental
capacity to defend himself, and yet they

push forward anyway.

Why? Because Richard Bay can smell a
conviction going after the mentally

challenged and stockpiling convictions
of how assistant district attorneys lay

pipeline for their future political
careers.

If you think I'll tolerate any of the
nonsense that went on in that last

I'm not entitled to freedom of speech.
That wasn't about free speech. That was

intended for the jury. It was not. Give
me a break, Eleanor. They're not

sequestered. She's hoping one or two of
them will catch that little sound bite

on the news. Look, I am this. This close
to ordering that you two never be

allowed in the same courtroom again.

Miss Sprott, consider yourself gagged.
No more talking to the press.

That's all.

You try to educate me, Eleanor. Why
can't you just admit it? This is a case

should plead out, but you personalized
everything because you need to beat me,

so you... Your client committed a
murder. DA should take that personally.

Oh, go away.

Can I ask you something, Eleanor?

Your guy picked up a board and clubbed
an eight -year -old to death. Does that

even bother you?

First of all, he said he didn't do it.
Oh, well, I didn't know that. Let's

dismiss them.

Miss Front, my name's Eddie Chesler. I'm
kind of a friend of Daryl's.

And?

What can I do for you?

Daryl didn't kill that kid.

Can we, like, go someplace to talk?

What's going on?

A man by the name of Brendan Lohurst was
found dead this morning.

What?

My son goes out with his daughter. We
know. He was found at the bottom of the

stairs with a broken neck.

We think maybe his daughter pushed him.

Or your son, Frank. He was seen fleeing
the house.

My son?

They're both here and they're not
talking. Scott's requested a lawyer.

Where is he? He's in room three.

I want to talk to him alone.

No windows.

You have my word.

This kid, Kenny.

Kenny Sutton. He lives in the
neighborhood.

And he's trouble.

I think he killed the boy.

Why? I was on my way over to meet him at
that old house. So we kind of used it

as a place to hang since no one lives
there anymore.

I heard a scream from outside as I was
on my way up.

Then I seen Daryl come up. He goes in.

Then I seen Kenny come out.

I think Kenny killed that boy before
Daryl went in.

Why didn't you tell this to the police?

Because I got to live in that
neighborhood.

You ever spent any time in Charlestown?
There's a code.

Well, why come forward now?

Well, I guess because I also got to live
with myself.

Are you prepared to testify to this?

If I have to.

Eddie, you wouldn't happen to have a
grudge against this Kenny Sutton kid,

you? Hey, I'm just telling you what
happened.

All right?

That you want my help or not.

He has something he wants to say.

We've known each other a long time,
Helen.

I'll do what I can, Frank.

She was crying when she called.

I asked her what was wrong, but she just
said he did it again.

I figured he must have hit her again.

Her father hit her?

Yes. And this has happened before?

A few times. I even told my dad about
it.

Did she tell you what the fight was
about?

It was always about how she talked back.

He was an ass.

Did she push him down the stairs?

No. She wasn't even there when he fell.

She was calling me from her cell phone.

You know for a fact she wasn't even
there?

Yes. How do you know?

Because when I went there, I went alone.

You saw Mr. Lohurst?

I took my dad's gun and went to his
house.

Okay, and what happened then?

I went upstairs looking for him.

How'd you get in?

I walked in. The door wasn't locked.

Then what happened?

He wasn't in his bedroom, so I went back
into the hallway just as he's coming

out of the bathroom.

What'd you do?

I pointed the gun at him.

and told him if he ever laid a hand on
Wendy again, I'd kill him.

I just wanted to scare him, but he
backed up and fell down the stairs.

At first I thought he was knocked out,
but then I could tell he was dead.

I got scared and ran out.

I swear, Ms. Gamble, I never, ever
wanted to hurt him.

I just wanted to scare him.

I can either go to the DA, turn over the
new evidence, ask them to reopen the

investigation. Richard Beck.

Exactly. He won't do anything.

You have to add him to your witness
list. I'm doing that. My question is, do

complain with what I've got, or do I
just play the card at trial?

Spring it at trial.

Wait a second. If they investigate and
this guy's story checks out, you might

avoid a trial.

It doesn't sound like he totally blows
the prosecution's case. And if the trial

goes forward, the less prepared Richard
Bay is.

Unfair surprise.

No, it isn't. The witness is on the
list. Are you telling them what the

will say? No. Just that he was in the
area and that he went into the house

this Kenny person. Nothing about hearing
screams. I don't have to tip that.

Unfair surprise.

It is not. It isn't. Look, put him on
the witness list. Let him give his

testimony. Let that be that. No way do
you tip off Richard Bay.

Bobby, there's a detective on the scene.

Bobby. Frank, what's up?

He isn't good. Can I talk to you? Sure.
Thanks.

Hey, Eugene, could you sit down?

Sure.

You let him talk? He's not a criminal. I
understand, Frank, but he's facing

criminal charges.

Bobby, I know the way police think,
okay? You don't talk, you're a suspect

automatic. Well, it seems he is anyway.

They're going to arraign him?

I don't know on what.

I mean, Helen Gamble promised me. Helen
Gamble's the DA.

She said she might have to withdraw,
since, you know, if she's going to help

I guess she'd have to. Frank, she might
want to help you, but this is a

homicide. It is not going to slip by
quietly, and DAs rarely cut favors on

murder cases.

Trust me on that.

Bobby, Helen Gamble's here.

I just found out about the witness this
morning. Oh, right.

You were there when he walked up to me,
Richard. What is your offer of proof?

He was in the area.

He may be no good to me at all, who
knows, but I'm desperate, okay?

My client doesn't have enough of an IQ
to contribute to his own defense. Here

go again. He knows that, and I should be
allowed to add one lousy witness. Your

Honor, if I may respond.

No, you may not. The witness is allowed.

Let's go into court and get this over
with.

It's not an official objection, but I
think you favor her.

We're charging him with second -degree
murder.

What did you say?

Unfortunately, they're all over this
upstairs. Whoa, whoa, whoa. Slow down,

Helen. Second degree?

That's life.

With the possibility of parole.

You heard it. It was an accident, for
God's sake.

He's going to go to prison because of
what, politics?

It isn't politics, Frank. You looked me
in the eye. You said you'd do what you

could. And I am.

Frank, when you brought us in there for
his statement, I thought he was an

accessory at best. It was an accident.

Guy falls down a flight of stairs, you
bring murder charges. How is that

anything to... He fired the gun.

What?

The gun had been discharged.

We did a trace metal on Scott. He fired
it.

He then dug the bullet out of the wall
to avoid us finding it.

I'd like to help.

But we've got an armed assault in a
dwelling. We've got enough to make first

degree. In which case, there's no chance
of parole.

Murder to the break, believe it or not.

The victim died of blunt force trauma to
the head.

Were you able to determine the cause of
the trauma?

Yes. Wood fragments were recovered from
the boy's skull, indicating he had been

beaten with a wooden object.

Did you subsequently determine the
source of those fragments?

They came from a plank removed from the
flooring of the house and later

recovered by the officers in the alley
behind the crime scene.

This would be the piece of wood?

Yes, and further analysis found it to be
covered with blood matching the victim.

And you tested for prints?

Yes, I performed a fingerprint analysis
of the latent prints lifted off that

same piece of wood.

And what did your analysis reveal?

Comparison revealed those prints to
match the fingerprints of the defendant.

But it's possible that Daryl picked up
that board after it had been used by

another person to murder the victim.

Your client's prints were the only
prints recovered from the board.

Which would be the case if the actual
perpetrator wore gloves or if he wiped

prints off prior to my client handling
the board.

True.

I didn't shoot at him, just to the thigh
to scare him.

For God's sakes, why didn't you tell me?

I was afraid of how it would look.

You aimed the gun. I shot six feet wide
of him, Dad, at four feet away. There's

no way I could have... Dad, but you
lied.

Okay, you lied to me, you lied to them.

I'm ending chance of cooperation.

God! All right, all right.

Yelling's not going to solve anything.

We need to think.

I didn't shoot at him.

And I didn't push him.

It was an accident.

He's being arraigned tomorrow.

After that, we dig in.

He's going to go to trial for murder.

I don't believe this.

There may be another way to go.

What? I don't want to speak too soon. I
need to do a little research.

But we may have an out.

What do you think?

The case is that confession after he
asked for his lawyer. He confessed to

father.

Who's a cop? But he didn't confess to
him as a cop. He was talking to his dad.

That'll be Helen's argument.

Doesn't have to be ours.

He was always afraid of him.

Your son was afraid?

Of him, the defendant.

Did he say why?

Not really.

Brian would just say that he was a
little off.

Mr. Hutchins. I'm not off.

Daryl.

Mr. Tabbit, did you regard your son's
fears to be serious?

Not enough.

I just wish I had done something.

Gone to his grandmother.

Checked him out.

Objection. How could someone so clearly
disturbed be on the street unsupervised?

How does that work?

Objection sustained. Mr.

Bay.

That's all I have.

Brian's fears.

Were they caused by Daryl ever doing
anything to your son?

Not that I'm aware of.

It was mainly Brian got scared because
he perceived Daryl as being a little

Yes.

And, sir, I'm very sorry for your loss.

So we're winning, right? Seems like
we're winning.

I wouldn't say that, Daryl. I think we
are. You did great, Eleanor.

Daryl, look.

I need to talk to you a little bit more
about this Kenny fellow.

He's cool.

Yes.

Are you sure?

Absolutely sure that when you went into
the house, you didn't see Kenny do

anything? I'm sure. He was just leaving.

Okay.

Eddie Chesler.

Yeah, he's my friend.

Yes, I know that.

Eddie seems to think that you might be
protecting Kenny because, well, you

he's cool.

If you are, Daryl.

That wouldn't be smart here.

You already told me that.

But I'm not sure you totally understand
it.

If you saw this Kenny kid do something
to that little boy... I didn't, I

promise.

You think I'm stupid, don't you?

No, Daryl, I don't think that.

Yes, you do.

Look, I have to go meet Eddie because
he's up next, so I want you to get some

rest, and I'll see you tomorrow.

Okay?

Yeah.

Eleanor?

I think we're winning.

Okay. Tomorrow morning you're up first.
Are you ready?

Ready.

I should just stick with the same story
I told you, right?

Which is the truth, right?

You heard the boys scream before Daryl
went in, and then you saw that Kenny kid

come out?

Got it.

Never mind got it. Is that what happened
or not?

Look, I can only put you on the stand if
what you testified to is the truth.

So what if I just tell you it's the
truth?

You don't know otherwise for a fact,
Hank. You got no case without me.

This isn't a game, Eddie.

The rest of Daryl's life is on the line
here. Which is why I'm here.

What happened? Tell me.

It all happened, Miss Front.

Daryl went in the house.

Kenny went in the house. The boy
screamed.

I just changed the order of things.

Just put me up there. You are not taking
the stand. Go. Just get lost.

What about Daryl?

You have not helped Daryl, Eddie. Now
get out of here. You're not testifying.

So what are you going to do?

What can I do? I'll have to put Daryl on
the stand.

Daryl? Have you got a better idea?

No, but he has the IQ of a 12 -year
-old. You're going to pit him against

Richard Bay?

Even match.

I have no choice. They've placed him at
the scene. His prints are all over the

weapon. If he doesn't get up and tell
his story, he goes away.

But you can't still put Eddie back on
the stand?

Knowing he's going to lie? No, we can't
do that, Lucy.

I'm open for suggestions.

Anybody?

Good luck.

Case number 42643, Commonwealth v. Scott
Lowe. Bobby Donovan for the defendant,

Your Honor. Wave reading. Ask for
personal recognizance. Murder two. No

risk. This was accidental.

Murder two. The Commonwealth opposes
bail.

Bailiff denied.

The defense moves to suppress my
client's confession. Sixth Amendment

asked for his lawyer and was denied.

The confession was made to his own
father. My client's father is a police

officer who went in to interrogate and
sent Scott Lopes as his son. You gotta

kidding. He asked for his lawyer. They
sent in a police officer.

Bobby, even for you.

Helen, even for you.

All right.

What's going on? It's exactly what I
said. Detective Lopes entered that room

a father, not a police officer. There's
no state action here. And I disagree.

Mr. Donald, you're suggesting that
Detective Lopes assumed the role of a

officer when talking to his own son.

I request a short evidentiary hearing,
Your Honor. I'd like to call Detective

Mike McGuire to the stand. What are you
trying to scam now? I object to that,

but as long as I'm throwing words like
scam around... We're not.

The detective will take the stand at 11.

You're joking.

Next case.

Well, I walked up to the house because
that's where a lot of us go, you know.

Why's that?

Because there's never any grown -ups
there.

And when you went to the house on this
day, Daryl, what did you see?

I saw my friend Kenny Sutton.

He lives around there.

And was he doing anything?

Just smoking a cigarette, and then he
left.

And what happened then?

Well, then I was going to leave because
no one was there, but I had to use the

bathroom.

But when I went over by the stairs,
that's when I saw him.

Who?

Brian Tevitt.

He was dead.

There was blood everywhere.

And what did you do?

Well, I poked him a little at first to
see if he was still alive, but he

There was this big piece of wood on his
head, and I lifted it off.

Was it this piece of wood here?

Yes, I think that's it.

Daryl, you go to a special school, am I
right?

I'm not stupid.

No, no, you're not.

You go to a special school because
you're behind the other kids.

Right. But you do understand, sitting in
this chair under oath, it's important

that you tell the truth.

Yes.

Are you telling the truth now?

Yes, I am.

I didn't kill that boy.

I found him like that.

But you didn't report it to the police.

I told other people.

Yeah, you seemed to go around
celebrating it.

Objection, Foundation.

Sustained.

Why didn't you tell the police?

I told everybody I saw.

If I'd seen a policeman, I would have
told him, too.

Ever have any arguments with Brian
Tebbett, Daryl?

Once in a while.

Was he your friend?

Not really. He was only eight.

Did he and some of the other young kids
tease you?

Sometimes. Did he call you a retard?

Sometimes, but I'm not a retard.

Did you ever tell him he'd be sorry one
day for calling you a retard?

But I didn't kill him.

Did you hit him?

No.

Did he call you a retard when you walked
in that house that day?

No. He was already dead.

Nothing further.

Mr. Hutchins, you may go back to your
table now.

Ms. Frutt, the defense rests, Your
Honor.

Mr. Bay.

One rebuttal, Witness, Your Honor.

The Commonwealth calls Eddie Chesler.

Sidebar.

He's properly listed as a witness. This
is a liar looking for attention. How do

you know? Because he was going to lie to
help Daryl.

And as soon as I found out his story was
a fabrication, I properly excused him

as a witness, and now he's looking for
his 15 minutes of fame with you.

He didn't come to me, Eleanor. I went to
him.

I saw your little disagreement in the
court, where I figured whatever he had

say didn't help you. I thought it would
help me, and I was right.

This witness is unreliable. His
testimony could be prejudicial. So,

what he told you. Was anyone else
present for your conversation?

No. Well, then, shame on you. Never
interview a witness alone.

This is what you get.

Thank you, Your Honor. I was so hoping
for a lesson.

And at that point, he asked to see his
lawyer. And then what happened? We

stopped the interrogation. Then, since
his father was a colleague, out of

courtesy, we gave him a call.

And then?

His father came down, went in and talked
to his son.

Then when Frank emerged, he said that
his son was ready to make a statement.

Detective, did Scott Lopes ask to see
his father?

Actually, no. He just asked to see his
lawyer.

Whose idea was it to call Detective
Lopes?

Helen Gambles.

Your Honor, at this point, I'd like to
call Helen Gamble.

I'm the prosecuting DA. This is just an
evidentiary hearing. So what? I'm the DA

of record. I can't... Then maybe you
shouldn't be.

What the hell are you up to now?

Your Honor.

Ms. Gamble, please take the stand.

And as I was walking, I was maybe 30
yards away from the house, I saw Daryl.

The defendant?

Yes. And can you tell the court what you
observe next, Mr. Chesler?

Uh, excuse me, before you do, we should
establish you're here under subpoena,

aren't you, Mr. Chesler?

Yes. You're, in fact, a friend of the
defendant, are you not?

I like the guy, yeah, and he's a good
kid.

In fact, you were prepared to lie to
help him, weren't you?

I wanted to help him, I admit that. You
don't have any motive to hurt him?

No, I don't.

Okay.

Continue. Could you tell us what
happened next?

Well, I'd seen Daryl moving towards the
house.

Then, all of a sudden, I heard this
awful screaming coming from inside the

house.

You heard the scream after Daryl went
in?

No. No, before he went in. Daryl was
still outside. He went in after I heard

screaming.

Mr. Chesler.

Did you not tell me earlier you heard
the screaming after Daryl Hutchins

the dwelling?

Yes, I told you that, but that's not
what happened.

The screaming came before Daryl went in.
Mr. Chesler, why did you tell Mr. Bay

otherwise?

Because I knew he wouldn't put me up
here if I was going to tell the truth.

Objection! Move to strike! And I thought
the truth had to come out however I

could get to say it.

I've been tricked. This is a sneaky,
sleazy, disgusting trick. I'm just

what really happened.

Anything else, Mr. Bay?

No.

Miss Front?

Uh, nothing, Your Honor.

The witness may step down.

Mr. Bay, anything else?

Mr. Bay?

We are adjourned until after lunch, and
then we will hear closing arguments.

That went well, right?

That went very well.

It was a courtesy. I've known Frank
Lopes for nine years.

He's a friend?

Yes, he is.

Known him to be an honest cop?

Very. Straight shooter?

He shoots straighter than his son, I
guess.

And if his son told him the truth,
knowing Frank Lopes the way you do, what

you think he would do with the
information?

I didn't think about it.

You didn't think about it? No, I didn't,
counsel.

I was just letting a father visit his
son.

Well, you didn't let the father visit
the son before the police question him.

Only after the boy asked for his lawyer.
Only after you didn't get anywhere.

Then you called for the dad. You sent
for the father to get a confession you

couldn't get, didn't you?

No, I did not.

You're under oath, Helen. I know my
oath, Eugene.

It is your testimony that when you
called for Scott Lopes' father, you did

do it for the purpose of facilitating a
confession.

That's my testimony.

Because you would never take advantage
of a friend that way, would you, Helen?

That seems argumentative. Am I allowed
to object from the chair, Your Honor?

objection is sustained.

Ask questions, Counsel.

Here's a question.

As a friend, why didn't you have a
lawyer present before getting a

from Scott Lopes?

Wouldn't a friend say, hey, you might
want to wait for a lawyer?

Objection, speculation.

Truth is, the Lopeses felt they were
getting legal help, didn't they, Helen,

from a friend?

Objection, argument. Tough having to be
both a witness and a DA here, isn't it?

Tough playing a dual role, huh, Helen?

Objection, badgering. But you weren't
playing a dual role the other day. You

were just a DA. You sent that man to get
on a mission to get... Objection,

badgering. Are you going to rule or not?

Move along, Mr. Young.

I think I'm done, Your Honor.

I don't have any questions at all.

Not anymore.

I don't question that Frank Lopes went
into that room as a father, not as a

Then what's the issue?

The issue is he was used unwittingly by
the district attorney. She called him to

get a confession.

Regardless what was in Frank Lope's
mind, Helen Gamble's thinking was, let's

the father to get the information,
knowing the father, a good straight cop,

would turn it over. So you're a mind
reader now. Well, Ms. Gamble, if

professional courtesy was the goal, why
did you not call the father before you

hit the wall with the police
interrogation?

The police interrogation had started
before I got there. Scott Lopes asked

his lawyer. By law, all questioning must
stop. And all questioning did stop. It

was his father. And on cases where the
father is also a cop, the courts looked

at the totality of circumstances to
determine, was the statement given

voluntarily? Here it was, and everyone
knows it.

You want to call me as a witness? I know
what he told you. You can verify that

his testimony was a total fabrication.
Are you on drugs? As a matter of fact, I

am. I've been pounding aspirin for three
hours.

Mr. Bay.

Your Honor, Eddie Chesler just proffered
false testimony.

She knows it. You can't call me to
testify against the interests of my

believe I can in the interest of
justice.

You can excuse yourself.

Oh, come on. Look, what's happened here?
I have to admit this all seems very

strange. The guy flipped on... me, then
he flipped on Richard anything to get

into the witness chair.

You didn't orchestrate this, did you?

I'm sorry? Oh, how ingenious. Get the
prosecution to call him. That way his

testimony becomes a total bombshell.
Hey, I am the one who excused his

when I knew he was going to lie. This
goes totally against your character. Oh,

should have known something was up the
minute you started acting ethically.

another aspirin. Your Honor, she has
information.

She's a witness.

I'm sorry, Mr. Bay. I'm not going to
allow the prosecution to call defense

counsel to impeach a state's witness.

You got a bad bounce.

You'll just have to deal with it.

What a jip.

Excuse me. This is a total jip.

Oh, that argument you'll definitely want
to save for appeal.

For now, let's go.

No eyewitnesses.

Their entire case.

It's fingerprint.

And you heard Daryl Hutchins tell you
how those fingerprints got there.

He picked up the piece of wood.

Stupid thing to do?

Of course.

But Daryl is a little slower than the
rest of us.

And he just happened to walk into that
house at the wrong time.

And you heard Eddie Chesler's testimony.

He said he heard the scream before Daryl
went into that building. Before he went

in.

What about this Kenny Sutton?

Why wasn't he called?

Why wasn't he put on the stand to say
that Brian Tebbett was still alive when

left the building? There is reasonable
doubt every way you turn on this one.

Eddie Chesler is a liar who tricked his
way onto the stand in order to help a

friend. The defense couldn't call him
since they knew him to be a liar.

Objection. Sustained.

You know...

It's easy to fall into the trap of
looking at trials with a scorecard.

Who built up the most points? Who won
the day? Who lost?

Like it's a game.

As I stood here in this room yesterday,
egg all over my face, I'm sure I looked

every bit the loser I felt I was.

Imagine my embarrassment being surprised
by my own witness.

But this isn't a game.

Ladies and gentlemen, you don't go back
to that room and decide who racked up

the most points. The question is, who
killed Brian Tebbett?

Other than the untruthful testimony of
Eddie Chesler, the evidence, all of it,

points to Daryl Hutchins.

He threatened the boy. He was alone with
him in a house. When Mr. Hutchins left,

Brian Tebbett was dead, with the
defendant's fingerprints all over the

For once, let's not look at this as a
game.

Let's hold the killer responsible.

We've had parents extract confessions
before, and the test has always been,

the parent acting as a parent or rather
as an agent of the state when speaking

with his or her arrested child?

Nobody here seems to be doubting
Detective Lopes went into that room as a

father, not as a police officer.

But to me the question doesn't end
there.

Anything designed to elicit an
incriminating response, by definition,

interrogation.

Therefore, Ms. Gamble, if you sent the
father into that room as part of a

to collect information, the court holds
that to be an interrogation, even if the

father was an unwitting participant.

The question here...

is what was in your mind.

Only you know.

The court, however, is allowed to take
note of your competitive reputation.

The court also takes note that Detective
Lopes never would have entered that

room unless you sent for him. And since
you sent for him after you struck out

with the police interrogation, and since
the defendant had invoked his right to

counsel, I smell a foul ball.

The confession is suppressed.

The gun and the bullet are deemed fruit
of the poisonous tree and are similarly

suppressed.

In the absence of this evidence, I find
no cause to hold the defendant, and he

is therefore free to go.

Adjourned.

Thank you.

Thank you.

Not to admit I hate what you guys do,
but I love it today.

Would Your Honor have a big, long stick
handy?

Preferably barbed.

I'm sorry?

I'd like to bend over and have it run up
my ass to complete the experience of

appearing before you.

I'll let that go, Counsel.

Once.

I won't let it go, Helen.

You sent me in there to do your work.

With my own son.

Come on, Frank.

Come on.

Will the defendant please rise?

What say you?

On the charge of murder in the first
degree, we find the defendant, Daryl

Hutchins, not guilty.

On the charge of murder in the second
degree, we find the defendant, Daryl

Hutchins, not guilty.

Unbelievable.

The defendant is free to go.

Members of the jury, you are dismissed
with the court's thanks. We are

adjourned.

You did it, Eleanor. You did it.

I think you can thank your friend,
Eddie. He helped, too.

It was my idea, you know.

I'm sorry?

I knew if he testified for me, the jury
would only, like, half believe him.

But if he was the prosecution witness...
You told him to do that?

I told him. I told you I wasn't stupid.

I told you I wasn't a retard.

No, you're not, Daryl.

Well, I'm going to go see my
grandmother, because I know she misses

You can't quit.

I need you to talk me out of quitting.

Why is it getting so hard to get
convictions these days?

Because people are becoming more
distrustful of the police. And DAs, we

have the presumption of integrity
anymore.

Why? I don't understand.

Tell me.

Did you send the father in there for the
purpose of getting the kid's

confession? Yes.

So?

If he were innocent, there'd be no
confession to be had.

I need it, Richard.

Give it to me.

What? The speech.

Why we do what we do. Oh, I am not
really in the mood after the... Please,

Richard, I need it.

Please give it to me, and don't just
phone it in.

Helen. Please.

Can't you see how demoralized I am?

Okay.

There are heroes in this world.

They're called district attorneys.

They don't get to have clients, people
who smile at them at the end of the

trial, who look them in the eye and say,
thank you.

Nobody's there to appreciate the
district attorney because we work for

state.

And our gratitude comes only from
knowing there's a tide out there.

A tide the size of a tsunami coming out
of a bottomless cesspool.

A tide called crime, which if left
unchecked, will rob every American of

freedom.

A tide which strips individuals of the
privilege of being able to walk down a

dark street or to take $20 out of an ATM
machine without fear of being mugged.

All Congress does is talk.

But it's the district attorney who grabs
his sword, who digs into the trenches

and fights the fight, who dogs justice
day after day after day without thanks,

without so much as a simple pat on the
back. But we do it. We do it. We do it

because we are the crusaders, the last
frontier of American justice, knowing

that if a man cannot feel safe, he can
never, never feel free.