All language subtitles for the_practice_s06e17_manifest_necessity

I'm not sure how I'll react on the
witness stand.

Patricia, I know you can do it.

Mr. McIntyre wouldn't.

He was like an uncle to me.

This man killed your father.

I don't want to sound flip, but that
isn't much of an uncle.

But you said that he was linked to
organized crime.

You said that he's killed before.

And I've tried convicting him once
before.

So I'm taking a real personal interest
in this case.

But you have to remember, the judge
ruled McIntyre's priors inadmissible.

The jury can't hear about his record.

Look, there's something else we should
discuss.

One of our witnesses, the better of the
two, just left town.

Her mother's in critical condition after
a car accident in Florida.

Meaning? Well, if we're unable to get
her back in time, we'll be depending

more on your testimony.

as well as the testimony of the other
witness, Charles Rossi.

Mr. Rossi. Charlie's good enough.

Bobby Donald.

Appreciate you coming in.

Please, sit down.

It's been a long day.

I'll get straight to it.

We've been trying to get a hold of you
for over two months.

Suddenly you call out of the blue and
ask to see us right away.

What's going on?

I... Never been asked to be a witness in
a trial, so I didn't know what to do.

But the guy I fingered for the murder,
he didn't do it.

What do you mean, didn't do it? He's not
the guy.

Look, I originally picked him out of a
bunch of photographs, and I was wrong.

Then how did you come to realize this?
Today's newspaper.

I saw McIntyre's picture. The guy that
night, he looked different.

Did you tell the district attorney?

No.

I wasn't sure where to go.

You are the ones representing McIntyre,
right?

Mr. Rossi, Charlie, you testified before
the grand jury that you saw our client

leaving the scene of the crime.

Now you're telling me that you were
mistaken.

What does it say you won't change your
testimony tomorrow when you take the

stand?

Mr. Donald, this guy, McIntyre, didn't
kill anyone here.

And I don't think someone should go to
jail for something they didn't do.

What do you think?

I think we don't look a gift horse in
the mouth.

How about getting a statement? Not on
our client's life.

We'd be obligated to tell the DA.

This is Michael McIntyre's lucky day.

We have been over this.

I want to take the stand.

You do that and your record could come
in. I don't care. You should care.

You were tried once for killing your
former business partner, and now you're

trial for killing your current business
partner.

Even though you were acquitted, there's
a chance the judge would let the

prosecution ask about it. Jimmy's right.
We do not want to open the door on

prior bad acts or pattern evidence.

Look, there is good news.

One of their witnesses, a man named
Charles Rossi, came to our office last

and told us he misidentified you.

Thank God.

Don't get too excited. The prosecution
still has another witness.

Well, didn't they just lose half their
case?

Michael, we need to ask.

Any idea why this witness is backing off
his ID?

You think I threatened him?

I'm sitting in prison. As officers of
the court, we can't get involved in any

kind of conspiracy to threaten a
witness.

Look, I hung with the wrong kind.

I made some big mistakes.

But I haven't been connected to any of
that in years.

Then why would he come to us instead of
the DA?

How do I know? I don't know.

For the last time, I didn't threaten
anyone.

Okay. No, it's not okay.

I need to know that you're going to be
there fighting for me.

Michael, you hired us to do a job.

We'll do that job.

I just want to make sure that you're
comfortable with me.

Philly, what happened?

I was walking past this jewelry store.

I saw the most beautiful watch.

I couldn't help myself.

You've never done anything like this.

You scalp tickets. You run poker games.
I know, I know, but the watch. I mean,

it was a Breitling Chrono.

Shiny gold plate, three dials. The whole
deal goes for too large.

And you thought you'd just waltz out of
the store with it? They had salesman. He

was busy with another customer. I
thought I could outrun him.

And what's with the written statement?

The cops caught me half a block away
with the watch in my pocket.

Philly,

this just doesn't make sense. You're not
a thief. I know you. I got desperate. I

needed the money bad.

So I did something stupid.

Grand larceny. Pretty stupid.

You may not get out of this without some
time.

How much time?

If we go to trial, more than if we
plead. But I don't mean just a couple of

months at a corrections house.

We could be talking years at Walpole.

And at your age and your condition...

I'll do all right. You don't worry about
me.

Philly, are you okay?

You don't look well.

I'm just... I'm just scared, that's all.

Don't worry. I'll get to work on that.

As you can see, I'm a little buried at
the moment. Just two minutes.

Philly said low grand larceny.

Right. Um, we need to talk. Good,
because there's no point going to trial.

Philly's an older guy. He's harmless.
All his priors are misdemeanors. Take a

scalping. Hold on.

Um, the watch your client lifted?

We lost it.

You lost it? Somewhere between booking
and the evidence room, it disappeared.

You know, quite frankly, I would like to
tip the wrists of every cop in Boston.

Then you got no case.

Don't tell me a jury will convict me.
Wait.

Lindsay, your guy confessed.

And I'll argue that he was suffering
from early dementia and didn't know what

was confessing to.

Jean, come on.

You've lost the evidence, and you
obviously have bigger fish to fry.

Please?

Favor bank?

I'll owe you. I'm serious.

All right.

I pleaded to petty larceny. Time served.

He walks now?

Yeah. But you do owe me.

I'm serious.

I was leaving the school around eight.
I'm a custodian at John Adams.

I was walking down Holden on my way to
the bus when I saw this guy coming out

the house.

Did you get a good look at him?

Yeah, I did.

Do you see the man here in the
courtroom?

No.

Mr. Rossi, is the man you identified for
the police and the district attorney

present today in this courtroom?

The guy I identified is sitting right
over there.

But what I'm trying to tell you is
that's not who I saw running that night.

Mr. Rossi, did you or did you not
testify in front of the grand jury one

after Mr.

Hayden's murder?

I did. While in front of the grand jury,
were these your truthful responses?

Question. Is this the man you saw
running from Mr. Hayden's house?

Answer. Yes.

Question. Are you sure?

Answer. 100 % sure.

Now, Mr. Rossi, were those your
responses?

Yes. Do you remember sitting in my
office two days ago discussing this

Listen, I saw Mr.

McIntyre's photo in the newspaper
yesterday morning and...

He just isn't who I saw that night. That
night, you were five feet from the

suspect on a well -lit street. Now, you
are changing your mind after seeing a

black -and -white newspaper photo.

Yes. Did you discuss with anyone your
appearance here today?

I talked to my sister and Mr. Donnell
and Mr. Berluti.

You told defense counsel, but not the
prosecution.

Their names were in the paper along with
McIntyre. I thought they should know.

Mr. Rothy, were you paid to change your
testimony today?

No. Were you threatened into doing so?

No. Why don't you understand? You people
got the wrong guy.

And I'm just trying to do the right
thing.

Your Honor, I have nothing further for
this witness. People reserve the right

recall. Very well, then. We'll reconvene
in the morning.

What the hell was that? How do I know?
Two days ago, the guy was completely on

board, but now he's either confused or
scared. He was reached by McIntyre, damn

it, and you couldn't pull him back.

Yesterday, we had two witnesses who
could make McIntyre.

Today, one's pissed back on us, and the
other one's in Florida, for God's sake.

I want you to get a material witness
warrant and have the Florida sheriff

that woman up now. I've already
threatened her with that. She says if we

through, she won't talk at all.

How bad is her mother? Day to day. Who
knows?

Listen, I know you've never fully
recovered from the earlier case when

McIntyre... Where's Rossi now?

We've still got him. He's outside.

Get him in here.

They lost the watch?

Somebody at the police station must have
cuffed it. Then what? I'm looking at a

couple of months.

Philly, they pled it down to a
misdemeanor.

You don't have to serve any time.

But I copped to it, I confess.

You're not understanding me.

Once the plea's entered, the case is
over.

I was just... This threw me for a loop,
is all.

I mean, here I was, I was thinking,
Walpole, and you, you gave me a second

I appreciate you getting me kicked.

You dodged a bullet.

Stay away from this kind of thing, okay?

Yeah, yeah.

What are you talking about?

Why would I need a lawyer?

Perjury carries a maximum sentence of 20
years, Mr. Rossi. What perjury?

I made a mistake, that's all.

We don't think so.

Are you going to arrest me? Because if
you're not, I'm leaving.

Sit down.

I don't have to stay if you're not going
to... Sit down and shut up.

You think you're smarter than me.

The prisons are full of guys who thought
they were smarter than me.

I'm the chief prosecutor for the DA, and
that means I have the authority to do

whatever I want.

You just screwed me over in this case,
and if McIntyre walks because of it, I'm

going to take that very personally.

And here's what'll happen.

First, I'll open a grand jury
investigation, and I'll subpoena

hates your guts.

And when I'm through with them...

you will be indicted for perjury and
obstruction of justice.

Then I'm going to convict your ass and
personally recommend the maximum

be doubled.

And off you'll go to the toughest prison
in the state where I'll see to it that

you're thrown into the general
population for the length of your term.

Whatever weight you're feeling from the
other side, it's nothing compared to the

load I'm going to bring.

Mr. Rothy.

Okay.

Well... Let me think about it.

You have seven hours.

If you need protection, we'll give it to
you.

And I'm sure you'll do, uh... How did
you put it?

The right thing?

Yeah.

Can I go now?

Sure.

Hope this works.

It better.

How you doing?

I'm missing a three -hour lecture on
Chaucer.

Why, the Bastille is the best.

It's the bawdiest one.

You're gonna do great up there.

I know it didn't go well yesterday, but
I'm ready to testify, Ms. Gamble. I am

really ready.

I know.

Mr. McIntyre was my dad's business
partner.

They owned three body shops together for
almost five years.

How would you characterize their
relationship?

It started off fine, but just before my
dad was killed... He told me that...

Objection here today.

Sustained.

Patricia, did you ever overhear the
defendant threaten your father?

Yes.

Two days before he was killed.

I came home early from school.

I went into the kitchen through the back
door.

My father and Mr. McIntyre were in the
next room arguing.

Was it a violent fight?

Yes. There was a lot of screaming.

I didn't hear everything, but...

My father was accusing Mr.

McIntyre of stealing money and doctoring
the books.

He said he was going to sue.

What did the defendant say?

He was really mad.

He told my dad that he could go ahead
and sue, but that he wouldn't live to

it through.

That he'd kill him first.

Miss Hayden, tell us what happened the
night your father was killed.

I came home late.

I went inside and found my father lying
on the kitchen floor.

There was blood everywhere.

And he was, he was gulping for air,
trying to breathe.

By the time the EMTs arrived, it was too
late.

You say your father thought my client
was stealing from his business.

Did he go to the police?

My father always gave people the benefit
of the doubt.

He had no proof.

Mr. McIntyre was stealing.

So it's possible there was no theft on
my client's part.

I only know what I heard that night.

When you say Mr. McIntyre threatened
your father's life, you believed that

serious threat, didn't you?

Yes. Why didn't you report this serious
threat to the police?

My father said he wasn't afraid.

In fact, you only reported this argument
weeks after your father died.

At first, the police told me my father
was the victim of an intruder.

But I didn't believe it. Why not?

Your house has been burglarized twice in
the last three years, isn't that

correct? Yes, but... And six weeks
before your father died, you called the

police to report someone looking in your
window, isn't that correct?

My father wasn't... The police felt your
father was killed confronting a burglar

until you convinced them otherwise.

It wasn't a burglar.

Ms. Hayden, I feel for your loss, but
isn't it possible that you're wrong

about my client?

No. There is no direct evidence linking
Mr. McIntyre to your father's death.

One witness even recanted, admitting he
made a mistake.

Isn't it possible you made one too?

Philly.

I got you. I'm going to begin.

I'm really busy.

I held up a millennium store.

Lucy, will you get the Vornbergs some
coffee and maybe something to eat?

That'll go over big. You're 40 minutes
late starting.

Just stall.

Lily, what's going on?

What's with you? I told you, I need
money. I'm desperate. That wasn't just

away.

You held up a store.

Did anyone get hurt?

No.

I should go to the federal pen for this,
right? No, this is a state crime.

What's the difference?

To get sent to federal prison, you have
to commit a federal crime, robbing a

bank. Look, forget that.

But how much time am I looking at?

Did you use a gun?

It depends.

What? Yeah, okay, I used a gun.

When did you do this, last night?

Well, did they make a difference?

Philly, you're not making any sense.

Lindsay, please, just help me out here.

Look, if you're in trouble or you need
money, maybe I can help. But only if you

tell me what's really going on.

I'm losing the vormer. Should I move on
to card trick or balloon animal? I'll be

right there.

I need to think about this.

Wait, where are you going? I've got a
call.

Philly.

I had a uniformed officer waiting at his
place all day, but he never showed.

Then we got this call.

Shot once in the neck.

Probably bled out in only a few minutes.

Witnesses? They were Camerson, but a
neighborhood like this, nobody sees

anything. Any leads at all?

His wallet, miss.

Thanks.

McIntyre did this, Helen.

I should have convicted the bastard 12
years ago. He wouldn't still be running

around killing people.

Tomorrow I'll talk to the judge.

I'll be with you.

Not a good idea. You and Wilcox have a
history. I don't need you bringing

baggage in there.

What I'll bring is the full weight of
this office.

The judge has to respect that. I can
handle it. I don't need your help. I'll

with you, Helen.

End of story.

Isn't that too bad?

Do you know anything about this?

Of course not.

You're not too broken up about it. What?
I'm supposed to feel bad?

This is the guy that caused me all my
trouble.

So what now?

We're thinking this might be the time to
reopen plea negotiations.

Why?

Aren't my chances better now than they
were before?

Yes. But there's always the risk they
find new evidence.

And the prosecution still has another
witness, a woman who also says she saw

coming out of Hayden's house that night.

I still like my chances.

Now more than ever.

I didn't kill Rossi. I didn't kill
Hayden.

And I'm not pleading to anything.

Your Honor, I move that you declare a
mistrial based on manifest necessity for

new trial.

You can't retry my client just because
your case is falling apart.

If, in fact, a witness is threatened or
killed by the defendant, I can declare a

mistrial based on manifest necessity.

And there would be no violation of
double jeopardy.

We would start a new trial. My client
was in custody last night. Your client

extensive criminal connections. Old news
and circumstantial.

McIntyre could have easily had someone
pull the trigger for him. That doesn't

make any sense.

Mr. Rossi just testified in my client's
favor.

Miss Gamble and I talked with Rossi
after he testified.

We believe he intended to reverse
direction and implicate the defendant.

Well, to be fair, he didn't explicitly
say that. I think he did.

The defendant was trying to lock in his
testimony.

Mr. Walsh.

I am very troubled by the death of this
witness.

But at this point, you've shown me no
evidence tying the defendant to the

murder.

Even if I grant your request for a
mistrial, I'm afraid it won't stand up

appeal.

Do you have any other witnesses?

At this point, we intend to call the
investigating officer, and then we hope

call another witness who saw the
defendant running from the crime scene.

Very well.

The case will proceed.

You tied my hands in there. If you
hadn't lied about the witness... I

lie.

Look, now I can't even try for a
continuance to get her back here.

Wilcox wouldn't give you one anyway.

I'm taking over first here.

Excuse me?

You're losing, Helen.

I'm coming in. You pulling rank on me
now? Yes.

I'm not going to let this guy get away
twice.

Now I'm going to prep the investigating
officer. I've done that three times. But

I'm taking him on direct now, so I need
to prep him, and I'd like to speak with

him alone.

It says that in Hong Kong, a betrayed
wife is legally allowed to kill her

adulterous husband, but only with her
bare hands. Lucy, I'm going to use my

hands if you don't stop talking.

Has Phyllis Sidlow called back? He
doesn't know to call back.

He doesn't have an answering machine. I
can't leave a message.

Well, then keep calling until you reach
him. I just called like ten minutes ago.

Okay. Lindsay, I've been going over
Ned's human deposition and... Eugene,

go over this later? I've got a million
and one things to do. Lindsay.

Lindsay.

It's him.

Him who?

Sit low.

Philly, where have you... What?

Okay, stop talking.

That's right, do not say a word to
anybody until I get there. Yes, I'll be

there.

How would you like to go over the Zeman
deposition on the way to book?

I didn't mean for anyone to get hurt.
You gotta believe me.

Philly. You gotta tell them, Lindsay.

This is very serious.

I asked Eugene to come with me. You
don't have to say it. The cops already

me I could get life.

Please.

Let's go over what happened.

I robbed a bank like Lindsay said to.

Philly, I never said rob a bank. What
are you talking about? You did.

You even said that I could go to federal
prison if I did. I wasn't advising you

to commit a crime. All right, hold on.

I need to know exactly what's going on.

I've been sick.

Lindsay knows.

I thought it was in remission. Ah, my
prostate, it's spreading.

I got this blood disease. I need these
transfusions all the time.

Where are you being treated?

See, that's the thing, I'm not... I got
no health insurance.

So unless I'm just about to kick, I
gotta wait.

So you tried robbing a bank to pay for
an operation?

Even if I could get the money, they'd
still make me wait months.

But in federal prison, the doctors,
they'd have to work on me right away.

Danny Small from Rockton, big hernia.

They sent him away for check -kiting,
and he was put under the knife that day.

You've been trying to get arrested?

I got no money, no family, only a one
-room hole in Somerville.

They're tossing me out of it months in.

And the pain from this cancer... It was
the only way.

Okay. What happened today?

I went to the bank down the street.

I gave the teller a note asking to hand
over 300 bucks. That's all.

But while she was putting the money in
the bag, this guard started walking

toward me. Did you have a gun?

No.

But the teller, she tried sticking one
of those dye packs in the bag, the kind

that explode.

Anyway, it must have gone off, and the
guard must have thought that... He

his gun and fired.

He hit the lady standing behind me.

What happened to her?

I don't know.

This could be felony murder.

But I didn't kill anybody. I told you, I
didn't even have a gun. Doesn't matter.

If the woman's dead, it happened during
the commission of a crime.

I didn't want anybody to get killed.

I didn't.

I just wanted an operation.

That's all.

Detective

Simon,

on the night Mr. Hayden was murdered,
was his house burglarized?

No. How can you be sure?

For one, there were valuables, jewelry,
watches, money, in plain sight and left

untouched.

Additionally, because of the way that
Mr. Hayden was killed.

He was shot behind both knees about 30
minutes before he was shot in the back

the head.

Why is that significant?

Burglars like to get in, grab what they
can, and get out.

Whoever killed Mr. Hayden stuck around
to watch him die.

This was personal.

Objection. Sustained. Only testify as to
what you observed, Detective.

What other evidence connects Mr.

McIntyre to Mr. Hayden's murder?

On the fact that Mr. McIntyre was tried
for killing his former business partner.

Objection! Sustained.

I am instructing the jury to absolutely
disregard the last statement made by the

witness. Let me be clear.

What he said was inadmissible,
inappropriate, and wholly irrelevant to

case. You must not refer to it in any
way during the course of your

deliberations or in reaching a verdict.

Counsel.

Chambers.

Explain to me right now why I shouldn't
declare a mistrial. Your Honor, I had no

idea Detective Simons would bring up Mr.

McIntyre's record. Who are you kidding?

This isn't even open for debate.

My client's entitled to an immediate
mistrial with prejudice.

He just instructed the jury to ignore
the detective's comment.

The jury will never forget what they
heard. There's no way our client will

fair trial.

I disagree.

Of course you do.

You did this intentionally.

You conspired with the detective.

That's completely untrue. Your case was
in the toilet.

You wanted to restart the trial. If you
called for a mistrial, you wouldn't get

a new trial because Double Jeopardy
would attach.

So you forced me to call for one,
knowing Double Jeopardy would not

That's a lie, Your Honor. You have to
dismiss with prejudice. You at least

to hold a hearing. I have the right to
question Walsh under oath. Let me save

you the trouble.

My question was innocent.

The detective made an error. I
specifically instructed him not to refer

McIntyre's priors. In no way did I
conspire with him.

Then I want to put Helen Gamble on the
stand.

Bobby. There's no allegation of
misconduct against Ms. Gamble. The fact

Your Honor, Mr. Donald would prefer a
murderer walk on a technicality.

I'm sure you don't want to be the one to
grant that wish.

Oh, don't lay this at my doorstep.

I'm appealing to your sense of justice.

When Mr. McIntyre killed Mr.

Rossi last night, he spit on your court.

When we go back out, I will excuse the
jury and clear the room.

Then Ms. Gamble will take the stand.

As I've already stated, I have no proof
that Mr. Walsh intended to cause a

mistrial. Did he ever discuss getting a
mistrial so he could restart with a new

trial? We never discussed anything like
that.

I really don't think I can help you
here, Your Honor.

Whatever we discussed is work product.

Ms. Gamble, in your opinion, did Mr.

Walsh intend to cause a mistrial? Your
Honor, I strongly object.

My colleague has already stated her
opinion is completely irrelevant and

inadmissible work product.

Relax, Mr. Walsh. You're not on trial.

There's no jury here.

This is a hearing, and I would like to
listen to what Ms. Gamble has to say.

Then in principle, I object to forcing
DAs to testify in this manner.

Already noted.

Ms. Gamble.

Your Honor, it seems the issue does go
to my opinion.

Then I'll rephrase the question.

Do you have any basis... To believe Mr.

Walsh did intend to cause a mistrial.

Yes. Your Honor. Sit down, Mr. Walsh.

Please explain why you believe this.

We're having a problem with our other
witness.

She's in Florida attending to her
hospitalized mother.

It was becoming clear she probably
wouldn't make it back in time to

On top of that, Mr. Walsh made sure to
exclude me when he prepped Detective

Simon. He may have been colluding with
him at that point.

I also believe Mr.

Walsh had not been candid.

For example, he suggested that Mr. Rossi
intended to implicate McIntyre again.

In fact, he's given us no indication
either way.

Your Honor, I insist I be allowed to
cross -examine Ms. Gamble.

Your witness.

Isn't it true that the witness could
have made it back from Florida in time

testify? Possible, but unlikely.

And isn't it also true that we could
have asked for a continuance? Could have

asked, but when I raised that
possibility, you rejected it.

Do you have any evidence whatsoever that
I discussed anything illegal with

Detective Simons?

No, I don't. And you have no direct
evidence as to what I was thinking?

No.

If you believed I was committing
misconduct, wasn't it your duty as an

of the court to report me?

Maybe I should have.

Well, there are just two possibilities.

Either you are complicit in a conspiracy
to commit obstruction of justice, or

you are wrong.

I wasn't complicit in a conspiracy.

But I had concerns.

I've heard enough.

She's still my witness, Your Honor. We
will take a short recess, after which

I'll deliver my decision.

Jean Ward for the Commonwealth.

Lindsay Dole for the defense.

Wave reading. Plead not guilty.

Question of bail. Before addressing
that, Your Honor.

The Commonwealth moved to disqualify Ms.
Dole. She is a material witness about

the crime in question.

What witness? I'm his lawyer. A
conversation Ms. Dole had with the

will establish motive.

Your Honor, Eugene Young, also for the
defense, my colleague cannot testify

where privilege applies.

According to Mr. Sidlow's statement, Ms.
Dole instructed him on what kind of

crime to commit in order to get himself
incarcerated.

That's a lie.

Take it easy.

Counsel, approach.

Miss Dole, did you instruct your client
to rob a bank so he could go to prison?

Again, I raise the issue of attorney
-client privilege.

Mr. Sidlow waved that right when he
disclosed the contents of his

with Miss Dole.

Now, please answer the question.

I did explain the difference between
federal and state crimes, but only to

answer a client's question about what he
said was a past crime. You helped get a

woman killed.

The woman who was shot, she died an hour
ago.

That was not my fault.

Ms. Dole, it sounds like Ms. Ward's
right.

You'll probably have to disqualify
yourself.

I will not testify against my client.
Okay, enough.

Ms. Ward, although I don't know exactly
what happened here, let's be realistic.

This shouldn't go to trial. The
defendant's confused. He was unarmed.

Felony murder applies only if the jury
finds that he consciously disregarded

risk to human life.

Therefore, I strongly suggest you get
Mr. Sidlow new counsel and settle this.

He wants to go to jail anyway.

You're quitting on me? But you're my
lawyer.

Philly, the judge disqualified me.

I'm not quitting.

Look, you weren't listening. You haven't
been listening.

I never told you to rob a bank.

You did that on your own and got me in
trouble in the process.

I'm sorry, Nancy.

Why didn't you just tell me the truth
and give me the chance to help?

I didn't want to get you mixed up in
something illegal.

You're a good person.

Look, there's nothing I can do for you
now.

I'm not your lawyer.

We shouldn't even be talking since
privilege doesn't apply.

I was just trying to save my life.

I didn't want to get anyone killed.

I know, Philly.

I should go.

Lindsay, wait.

I know we can't talk about the case,
but...

Sit here for a while and keep your
company.

That'll be good.

All rise.

Be seated.

To dismiss a murder case with prejudice.

To let a possible killer go free merely
because of prosecution error is not only

the most extreme and frowned upon remedy
available to a court, it offends our

sense of right and wrong.

It makes a mockery of our most basic
sense of fairness.

Don't misunderstand me. Prosecutorial
misconduct is a problem.

But to deny justice in order to save
justice makes no sense.

And as the record clearly shows, I have
no smoking gun here.

No direct evidence that Mr. Walsh did
knowingly and intentionally cause a

mistrial. The most Ms. Gamble could
offer me was her opinion.

I won't make a ruling on such an
important matter purely on speculation.

However, I am required to consider the
totality of the facts supporting these

allegations as well as the...

credibility of the parties involved.

This is not the first time I've had Mr.
Walsh before me.

This year alone, I have seen a man I
have always respected employ what I

consider to be sharp and unethical
practices.

He has become increasingly less candid
and honest.

In his effort to do justice, he has
perverted it.

Here he misled the court about the
availability of a witness I now learn is

Florida.

It has stopped.

I therefore, sadly, have no choice but
to find that Mr. Walsh did intend to

cause a mistrial in an effort to obtain
a new trial.

The case against the defendant is
dismissed with prejudice.

Mr. McIntyre, you are free to go.

Your Honor, may I be heard? I have
ruled, Mr. Walsh. Then for the record,

say... We are filing an immediate appeal
to have your ruling reversed.

Your decision is unjust, unconscionable,
and wholly unsupported in law or fact.

It is a reflection of this court's
animus against me and my office and will

the basis of my personal complaint to
the Judicial Council.

Mr. Walsh. I'm not finished.

Your decision to put a killer back on
the street should not go unpunished.

It is my hope the legislature will
consider appropriate actions, including

possible impeachment.

You crossed the line a long time ago,
Mr. Walsh.

I ascribe your inappropriate response to
the fact that ultimately you know this

whole disaster is your fault.

This Court is adjourned.

That's it? It's over?

Yeah, Michael, it's over.

Hey, thanks.

Send me the bill.

You accuse me of perjury.

Look, I did my ethical duty.

What excuse do you have for ripping me
apart up there?

I was trying to save this case, Helen.

I wasn't railroading an innocent man. I
wanted to give McIntyre the fair trial

he was avoiding by killing a witness.

He's going free.

Patricia, we are so sorry.

You made this happen.

How can you tell me that you're sorry? I
had to testify truthfully. The truth is

Michael McIntyre took my father's
business, then took his life.

And you let him get away.

I did my ethical duty.

Only because you were dragged into it.

You're not a hero.