All language subtitles for the_practice_s06e03_killing_time

Previously on The Practice.

His name is James McNam.

He's a business associate of Marsha's.
The police have issued no statement as

yet, except to confirm that a fatal
shooting did take place in the senator's

home. This is Alan Lowe. He just came
over from Middlesex. Why do I care?

Because he's your backup on this. My
father didn't know about the affair, but

certainly did.

First I got the gun, and I shot Mr.
McNabb.

Your Honor.

Chambers! No question, we're having our
hand forced by perjury. But the

likelihood is he flipped out and he shot
the guy, and we would be crazy to walk

away from this deal. I only accepted
this plea of manslaughter because my

conscience cannot permit allowing my
daughter to accept any culpability for

act. And if she is the shooter, I am
going to eventually prove it.

I say this now, client.

To attorney.

Jim McNown had his affair with Keith.

What? You all were so close.

You just had the wrong spouse in bed.

And the wrong one with the gun.

Made a mistake.

I will now serve time for that mistake.

I appreciate you coming in. If this is
what I think it's about, I'm happy to

have the discussion here instead of my
home.

We can go into the conference room.

I won't presume to know the anger you
must feel

toward your husband.

Why, Joyce?

He's in prison for a murder he didn't
commit.

Can you really live with that?

Is that your concern?

How I'm holding up?

If I could negotiate a favorable deal
with the district attorney... No.

Marsha... Eleanor.

I told you what I told you under the
seal of attorney -client. I know this,

but... Then let me tell you something
you may not know.

If you reveal my confidence, I will sue
you.

And this firm.

Do you really think I'm afraid of being
sued, Marsha?

Keith can accept it this way. Why can't
you?

Because I can't.

If you pull that switch, Eleanor, at
least have the presence of mind to enjoy

it, because it will be your very last
act as a practicing attorney.

What time? Around 9 .30, right after you
left. Did she say what she wanted? No.

She and Eleanor went into the conference
room, but they both seemed suspicious.

Ask Jimmy.

John. How are you?

I'm fine. How are you?

Great, great, great.

Everybody, this is, uh... Well, I know
who you are.

John Mochner, this is Rebecca
Washington, Jimmy Berluti, Lucy Hatcher,

Young.

To what do I owe this?

One to engage your services, actually.

I have a client scheduled for execution
on Thursday.

He wants me to be with him in Indiana,
which means I need local counsel up

Rule 48.

Actually, I start trial on Friday.

Bobby, there's really nothing to do.

I just need somebody of record, just in
case. Me.

Me.

I think Rebecca might be interested.

Okay, excellent.

Give me ten minutes, I'll bring you up
to speed.

John Markler.

Who's he?

He's in for death penalty appeals.

He's stayed more executions than
everybody else combined.

Vivian?

Hey, Eugene.

What's wrong?

Well, Leonard sent me to tell you that
he

doesn't want you for the parole hearing.

What do you mean he doesn't want me?

He doesn't want you.

Well, did he hire somebody else? No.

He says he just wants to represent
himself at this time.

You know how he gets.

Let's go.

All federal executions are in Indiana.

Jurisdiction of the case, though, is
still in Boston, which is why I need

counsel should there be any last -minute
appeals, which there won't be.

Walter's waived them.

What did he do?

Killed a federal employee.

Wasn't very pretty, but that was then.

Today, he's a different man.

And he's ready to die.

He wants to die.

He wants closure.

I was hoping I'd get to do something.

Can I meet him?

What if he changes his mind and suddenly
does want me to file an appeal?

It would help for me to be able to
represent to the court that I know him a

little.

Okay, good point.

You want to come with me now?

Oh, sure.

Well, let's go.

Keith was sleeping with the guy and she
shot him.

But she prefaced it with client to
attorney.

And I know ordinarily it has to be
sealed.

But since we represent Keith as well,
and this could help him... This is why

should have never represented both of
them. The question is, what do we do?

I don't think there's anything we can
do. So the congressman is gay? We just

back and let an innocent man... You try
to convince her to come forward.

Oh, yes, she didn't exactly waver in her
response.

Keith knows she did it, and he's taking
the fall. That's another story, but yes.

Have her come in again and see how well
she plays poker.

I know you did the best you could. I
know that. You also know that I paid for

half of the investigation with my own
money.

So you don't feel entitled to tell me
you're angry. Instead, you just dismiss

with this passive -aggressive... Hey, if
I want to fire you... Send your wife to

say don't come. You're fired then, okay?

If that's the way you want to hear it,
hear it that way.

I figured.

The only chance to convince the board to
let me go is to go in there and put

myself before them without the she or
the lord. Without the advice, because

know what my advice will be. Enough!

Shut it down!

What message do you plan to be bringing,
Leonard?

I'm innocent.

Same methods as my trial.

At appeal.

I'm innocent.

You will lose.

Now, if it seems like I'm taking this
personally, it's because I know you're

innocent. And I know I'm the lawyer who
lost this.

I got the witnesses lined up.

I've done my homework on the board.

Let me do this with you, Leonard. You've
got a wife out there, man.

A son who wants his dad to come home.

Let me help you.

Didn't you explain it to her?

Yeah, but she wanted to meet you.

Okay.

Mr. Mockler tells me you've pretty much
given up hope.

Who I was when I committed that crime
and who I am now.

Two very different people.

I guess that makes me curious as to why
the person you are now wishes to be

executed.

Do you know the atrocity of my crime?

I stabbed a woman 78 times.

I studied this.

I prayed.

I was trying to find a way to forgive
myself.

And then I saw the truth.

Forgiveness is somebody else's job.

And he's already done it.

He washed me clean the minute I
sincerely repented.

When you pray, do you tell God what you
want?

Or do you ask him what he wants?

God doesn't forgive you so you can die
happy.

I think he washes you clean so you can
start over, so you can learn and

struggle.

And do his work.

Walter, you could live another 40 years.

And how much good could you do in here
in that time?

How many people could you help?

How many souls could you save? Maybe you
could start some ministry.

Walter, have you ever thought of that?

We could file an emergency hearing in
First Circuit.

He seemed like he might change his mind.

Rebecca, let me ask you a question. Do
you think you helped him there?

First of all, there aren't any more
issues we've exposed to them.

There's always something.

No. It's not going to be a stay of
execution.

No commutation.

All you succeeded in doing just now is
agitating him.

So instead of dying with any sense of
closure, or feeling at peace with God,

might now feel his death won't be
satisfactory penance.

So, the one thing he had left to cling
to, you perhaps just stripped him of.

It's not a cause, Rebecca.

He's a human being who will die on
Thursday.

Perhaps a little more painfully now.

The prison parole officer will testify
for you. He supports your release.

Well, you'd think that should be the end
of it.

We wish.

The board is made up of four
prosecutors, a retired police

probation officer, and an advocate for
victims' rights.

It's stacked.

Okay.

Let's turn to it.

You know what I'm going to say. And you
know what I'm going to say when you do.

If you do not take responsibility for
the crime, they will never let you out.

will not say that I committed that
crime. I won't say, go to hell. You

son of a bitch. You want to be proud?

You got a kid at home without a father.
How proud is that?

Hey, God, get him out of here. Hey, stay
the hell away. This is Lord playing.

Don't come near us.

I'm not leaving.

You have to.

They do not let people out of here
unless they show remorse.

And that's the only way.

It's the only way.

I met with my partners on this, Marsha.

and we need to inform you of our
decision.

After very careful consideration, we've
decided to risk sanctions from the

Massachusetts Bar, and we're going to
reveal your privilege communication to

Frutt. We feel the sanctity of the
attorney -client privilege is simply

outweighed by the injustice caused to
your husband.

Add to that, as officers of the court,
we feel we have an obligation to

that an innocent man is serving a prison
term for a crime he didn't commit.

Now, we have two choices.

We can go forward with you here or
without.

Going with you, we feel we're in a
better position to protect you.

We may even be able to negotiate a
reduced plea given our relationship with

district attorney.

Obviously, it's best for you to join
hands with us here.

I completely agree with you.

With a few small exceptions.

First... If you reveal a privilege,
particularly this one, you don't simply

sanctions. You'd be disbarred.

Second, by doing so, you perhaps
unwittingly shield me from any

since Eleanor won't be permitted to
testify, and the DA would never be able

build a case independent of the
poisonous fruit. Third, the DA got a

for this crime. Good luck getting her to
reconsider it.

Fourth... I simply don't know what
Eleanor is talking about. She must have

misunderstood something I said. And
fifth, could you all go somewhere and

respectively self -fornicate?

I understand I may have perhaps riled
you up.

That was not my intent.

I understand that. I was only trying to
convey...

Walter, if you in your mind were
choosing death to serve God, it's

serve God with your life's work as well.

I think it's best if I accept my
punishment.

Okay. I do thank you.

It was nice to meet you.

It's nice to have lawyers that believe
in the Lord.

I owe my salvation to Mr. Markler.

I know that.

You do?

Why?

He opened my heart to Jesus.

John Markler did?

Of course.

Did... John Mochler persuade you to
sacrifice your life for Jesus?

He persuaded me to serve Jesus.

To embrace him.

And you're serving him by dying?

By accepting the punishment for my sins.

Let's just start.

Can I begin? Because I don't think
there's anything to talk about.

We can't break privilege.

It's not that simple. I think it is.

Privilege exists to protect the client.
Here we have competing client interests.

It doesn't matter.

It does matter. It's not absolute, and
there are exceptions.

But this doesn't qualify as one of them.
Everything she said is true.

We'd face disbarment. It wouldn't do any
good.

Plus, what she didn't say is we're in
the business of keeping clients' secrets

no matter what.

There is one other way.

Go to Keith.

He can still blow that whistle here.

Can I tell him what she told us?

Is that violating privilege?

I don't think so. And even if it does,
it's nothing that she can make a meal

of.

Would you be okay with me going to
Keith?

I think we can live with that.

He didn't exhaust all the appeals.

What? John Mockler, the thumb he left
out for Walter Dawson, and there have

others. What others?

Death penalty clients who suddenly found
God and decide to waive last -minute

appeal. John Mockler helped them all
find God.

He's helping the state kill his clients.

Is this why you want them to see me?

You do seem to have a high percentage of
clients who find God.

Right before they die.

When was the last time you faced death,
Rebecca?

It can make you turn to spirituality,
believe it or not.

You said you exhausted all of Walter
Dawson's appeals.

You didn't.

What'd I live out?

He was diagnosed with fetal alcohol
syndrome.

That was raised at trial.

For diminished capacity.

It should have been raised again for
sentencing.

I don't think it would have had any
effect.

And I come down against drafting kitchen
sink appeals.

You only lose credibility.

You had another client, Larry Wilcox.

You chose to raise FAS in his defense.

I thought it was more persuasive there.
How come you didn't try it? Because I

didn't think it would fly.

And my client, by the way, instructed me
to drop all further appeals.

After you helped him find God.

Rebecca, he's going to die.

What do you suggest they do, hand him a
copy of Chicken Soup for the Soul?

All right. Now, I pursue all viable
appeals.

And sometimes I even win them, if you
bothered to check up on that.

But when there's nothing left, when
there is nothing left, I do try to give

some consolation.

If they feel they're getting some kind
of salvation, it helps.

I have been there, Rebecca. I've seen
it.

It helps.

Well, it's been a long time since I had
on a coat and tie.

You look good, Dad.

You think so?

The role officer goes up first. He's
with us.

But remember, the boy doesn't figure to
be sympathetic.

You can't let them antagonize you. You
want to say that again?

You want to give me some sign you get
it?

He gets it, Eugene.

He's ready to do what's necessary.

Baby. All I've had these last 12 years
is my word and the truth.

If I say I killed that man... It's your
only chance to get out. There's

been a lot of people supporting me,
Vivian.

Raising money to pay his bills.

People going to the bank on my being
innocent.

What do I say to them?

They all know this is part of the game,
Leonard.

Me lying.

I got to go and lie to get redemption.
That's the game.

Dad, just get yourself out.

Come home.

Eleanor went to see Keith. Eugene is at
the Pearl hearing. And Rebecca...

You never went home.

There's more.

Rebecca... You might believe him, but I
don't. There is nobody who's done more

to fight the death penalty than John
Mochler.

Bobby, there's more.

What are you talking about?

Keith. I know.

Marsha discovered you in bed with
MacNown.

She killed him.

I know it all.

How can you be willing to serve a
sentence for a crime she committed?

My God.

Do you think being gay is worse for your
image than being thought of as a

murderer?

I don't know what you're talking about.

Marsha told me to keep me from going
after Allison.

She is lying to punish me for killing
her lover. No, she's seeking to punish

by confessing to me she's a murderer.
That really makes sense.

Keith, I'm one of your old friends.

I am not going to love you any less
because you are gay.

For God's sake.

Do you know the letters I get?

They think I'm a hero.

Good for you, they say. I would have
blasted him, too.

I'm a folk hero, Eleanor.

And when I get out, my constituency will
still be there.

Michael Dukakis, his career died when he
reacted with dispassion at the idea of

his wife being attacked.

Good for you, they say to me.

You shot the bastard. What man wouldn't?

Please. I'm instructing you to drop
this.

I made my deal. I'm happy with the deal.

And as your client, I instruct you to
just let this be.

You will carry out my wish, Eleanor.

I tell inmates, use the time in here.
Don't let it use you.

And how has Leonard Marshall used his
time?

Well, he's improved his education.

When he first came to us, he had anger
issues.

Now he teaches the anger management
course.

A lot of the inmates and even some of
the guards, they look up to him.

I'm seeing in the file last month they
found a syringe in his cell.

I think that syringe was planted.

When a man gets to parole hearing day,
the first thing I tell him is check

your mattress and make sure nobody
frames you by planting a knife or drugs.

If Leonard Marshall is released, does he
pose any threat?

Not in my opinion.

How can you be sure?

Well, men his age have low recidivism
rates, especially when they have a

network on the outside.

He's got that support from his wife and
his son.

Correct me if I'm wrong, but half the
men in prison today committed felony

crimes while on parole.

Well... Again.

Correct me if I'm wrong, but in 1991, 13
,000 people were murdered in this

country by criminals on parole or
probation.

Is the chairwoman introducing evidence?

Mr. Young, this is not a court of law.
The rules of evidence do not apply.

I realize that, but... Also, there's no
reason to object. No appellate court

reviews our decisions.

I don't have time for this.

I'm on a plane to Indiana within the
hour.

Things seem to be a little coincidental.

Your most heinous clients seem to find
God and waive all their appeals.

The ones who might be innocent, you push
their cases to the end. And you think

that's coincidental, that the evil would
be more predisposed to seek redemption?

You're deciding who lives and who dies,
John.

The ones you choose not to fight for,
you steer them to find religion.

You're conducting some kind of mad
triage with your clients.

Now, what's mad is that suggestion.

I called a lot of the families.

You influenced death row inmates to
waive appeals, to seek salvation.

I'm not listening to this.

I used to respect you.

All this time, I thought you were this
big champion against the death penalty,

and look at what you are.

Do you know when you file for stay of
execution with the Supreme Court, you're

lucky if one of the clerks even skims
your brief?

Know why that is?

Because every attorney for every death
row inmate files, claiming his case is

special. And eventually all of them, all
of them, even the legitimate ones, fall

on deaf ears.

Now I'll tell you what the problem is,
Rebecca.

Defense attorneys have no...

credibility anymore.

They pay attention when I call because I
don't waste their time.

There is a reason I've gotten more stays
than any other lawyer.

So you weed out the good cases from the
bad and sacrifice people like Walter

Dawson? I did everything I could for
Walter.

And I will be at his side tonight.

Bye, Bobby.

Finding out it was Leonard who did it
was almost as painful as losing Jack.

We were all friends.

At least I thought we were.

How do you feel about granting parole to
this man?

I'm a Christian woman, so forgiving
people is something I have to try to do.

It took me a long time, but I did
forgive Leonard, and I pray for him.

You've heard the testimony about the
prisoner's exemplary behavior over many

years? Sounds like the Leonard Marshall
I used to know.

Are you saying you support parole for
your husband's killer, Mrs. Horan?

I don't believe in an eye for an eye,
but I wouldn't want another family to be

destroyed like mine was.

So I pray.

that you keep him in prison for as long
as he lives.

Thank you.

We'll take a 15 -minute break, and then
we'll hear from Mr. Marshall.

It comes down to you.

I don't think I can say, Eugene.

I cannot say I'm guilty.

If you don't learn, you will spend the
rest of your life in prison.

I swore to my wife and son that I
wouldn't let prison make me hard or

me.

And if it wasn't for them, I don't know.

It sounds like you've done better in
prison than out.

I'm sorry?

Well, on the streets, you seem to have
had trouble holding a job.

And when you got fired from the garage,
you got angry and committed murder.

Is it possible you do better in a more
structured environment?

What are your plans if you're released?

After what I've been through here, I'd
like to find a way to

help kids stay out of trouble.

Maybe become a counselor or... or
teacher, or something.

At trial, you denied murdering Jack
Horan, is that correct?

Yes. And you continue to deny your guilt
throughout the appellate process?

Yes.

Do you now accept responsibility for
your crime?

Mr. Marshall, did you not hear my
question?

I heard the question.

Sir, Mrs. Horan is sitting right there.

She's been waiting 12 years for you to
finally tell the truth.

Is that going to happen today?

Mrs. Horan.

I know you suffered so much.

And I'm sorry.

But I did not kill your husband.

Mr. Marshall.

Taking responsibility means admitting
the crime.

Even if it's not the truth.

Leonard. Mr. Marshall, I will remind
you, sir, accountability is a condition

for parole.

I didn't kill anybody. Leonard, don't.
You're telling me to get out of here.

I got to show you I'm a good man.

And the only way to do that is to lie.

And say I'm a killer.

Well, I am not a killer.

I am not a killer.

Are you done?

I am not done.

You see, you have to make me say I
killed him.

Because otherwise, you have to face the
fact that you've got an innocent

man.

sitting in jail for 12 years for
something he didn't do.

You just want to pretend you only got
guilty people in prison.

Mr. Marshall, I warn you. You warn me
what?

That I'm not going to get parole?

I was never going to get parole.

Not from you.

You know, it's a joke.

A damn joke.

Now I'm done.

Rule 48 says I can make an oral motion
for an emergency stay.

Wait a second. Your client wants to be
executed.

Because he was brainwashed by his
lawyer.

Are you serious?

Your Honor, I really believe it's true.

I've been a friend of John Mockler's for
a long... If John Mockler didn't want

to help somebody, why wouldn't he just
decline to take the case?

Are you suggesting he took on clients
for the purpose of securing their

executions?

Possibly, yes.

Why?

Well... He has cases he once heard at
the appellate level at the Supreme

Because those courts are inundated with
so many futile, baseless appeals, a lot

of deserving cases get thrown out with
the bathwater.

So I think he takes cases to weed them.

If there's anything remotely redeeming
about a client, or there's police

misconduct, or the guy could possibly be
innocent, he goes to the mat.

For the scum balls, they all find God
and waive final appeals.

He is deciding who's entitled to a
defense and who's not.

On the record before me, Mr. Mockler has
committed no malpractice.

And there is no evidence of any mental
defect on the part of Walter Dawson.

Can you stay the execution for a week to
at least take a look?

No.

But I...

I salute your innovation.

This is a new one.

Is John Mockler behind this?

No, he isn't.

Declare him incompetent? It's all I can
think of. I mean, you should have seen

him, Jimmy. He sounded almost deranged.
But he's still legally competent.

Eleanor, we're at a dead end.

There's nothing more we can do.

So you went to see Keith and told him
what I said to you.

Why don't you sue me?

Eleanor, if you go any further with
this, I will very much sue you.

Count on that.

Marsha, sooner or later, you're going to
make a mistake.

Well, for now.

You'll have to wait until that happens.

I will.

You can count on that.

The fact is, parole is a political
process.

A man convicted of murder wants to be
released. If you deny that request,

nothing happens.

But if you grant it, there's always a
chance he might kill again.

Nobody needs that pressure.

Nobody wants that guilt.

Nobody's looking for a public scandal,
so yes, you could give my client a fair

hearing, but bottom line, what's in it
for you?

Are you saying we're corrupt, Mr. Young?

I'm saying that what we've forgotten
somehow is that this is a man, a man who

has fought to better himself, a man who
has done his time with grace and

dignity, a man who deserves to be
released, but because there is no

upside, you won't take the time to
figure that out.

Now, I admit that a lot of these inmates
probably should be rejected, but what

about the few who shouldn't be?

Yes, Leonard Marshall claims to be
innocent.

And what if he actually is? With new
technology, with the use of DNA, we know

for a fact that innocent people do get
convicted.

This is not a forum to retry your
client's guilt or innocence.

My client wants to go home.

He could have lied.

He could have come in here and said
exactly what you wanted to hear.

But instead, he risked everything.

The chance to go home with his wife and
son because he wouldn't give away the

only thing that kept his family sane for
the last 12 years, the fact that he

is innocent.

This may not be the form to prove it,
but don't tell me it's not relevant.

This is Leonard Marshall's family.

They were there the day he was taken
away, and they are here now asking you

please give him back.

Take this chance.

Prove that you're motivated by justice,
not politics.

Prove that you care about people, not
publicity.

Prove that this board can be feared, but
still fair.

That's what Leonard Marshall wants.

It's what he deserves.

Thank you.

Viv.

James, I, um... I know you're very angry
with me right now,

and...

But I, uh, I just...

We're

ready.

Six minutes.

For the purposes of this hearing and our
decision...

We must presume the defendant to be
guilty as convicted.

That said, we're faced today with a man
who committed murder,

who still refuses to accept
responsibility for his crime.

I have never heard of any parole board
granting release under such a

circumstance.

So today would be a first.

By majority vote, Mr. Leonard Marshall's
petition for release

is granted.

We are adjourned.

No? Pretty much.

Oh, my God.

Still here?

Yeah, I didn't feel like going home.

Has it happened yet?

Any minute, I guess I have it on.

You did all you could.

There it is.

The sentence of death was carried out
upon Walter Dawson.

The procedure was initiated at 12 .09.

Death was pronounced at 12 .23.

His final words were to ask forgiveness
from the victim's family and from God.

That's all.

Thank you.

That was Warden John Couser, and now we
are switching to Attorney John Mochler.

Surely, as Walter Dawson committed an
act of murder, so did our federal

government this night.

Our country charges all over the world
declaring itself a champion of human

rights. I ask you, from where do we
derive our moral integrity?

Learn at hand, you know. He said,
liberty lies in our hearts.

And once it dies there,

No constitution can save it.

I might suggest the same would be true
for humanity.