All language subtitles for the_practice_s06e19_the_return_of_joey_heric

Previously, on the phone.

Please just get me out.

If I do not, you go into rehab
immediately.

She sent a line to start the promotion.

There was cocaine in her body. The baby?

Little girl. Three and a half pounds.

This is unbelievable. Two lovers and
they're both dead?

You think just because you got away with
it last time, you can get away with it

whenever?

Yes. He has a narcissistic personality
disorder.

He commits a crime where it's impossible
not to convict him, and the game is

still getting away with it. Well, win or
lose, won't this be fun?

Were you trying to wrestle the knife
away, or were you trying to kill him? It

went into him during the struggle.

It went in by accident?

How many ways can I say it? We find the
defendant, Joseph Herrick, not guilty.

God, she's really getting a personality.

All right, I'm out of here.

Who'd you kill?

Good to see you too, Eleanor.

Have you put on weight?

We're busy, Joey. Who'd you kill?

Very cute. Can't anybody say, hey, good
to see you?

Who's that?

Mine. What are you doing here?

You have a baby.

Joey, why are you here?

Why don't we start by asking where I've
been for the last three years?

Law school.

Ta -da!

Passed the bar in February.

We're now all learned brothers.

You're a lawyer, and a good one, so far.

Wait, wait, wait. You went to law
school, took the bar exam.

It was my therapist's idea.

He thought one way of weaning myself off
of killing people was to help others

who did get away with it.

I've got a case now. That's why I'm
here.

Case? What kind of case?

Homicide?

I don't slum.

The problem I'm having is this.

I think the kid might actually be
innocent.

And as good as I am.

My conscience says I should bring
someone else on board with experience.

So, in addition to getting a law degree,
you also picked up a conscience?

Drives like new, hardly any miles on.

Seriously, Bobby.

I never admit this publicly, but I could
really use some help.

Starts tomorrow.

Tomorrow? Yeah.

I'm ready. I can do this. And I can do
it alone, and I'm prepared to if I have

to. But, to be honest, with an innocent
kid's life on the line, believe it or

not, I don't want to.

Come on, what do you say?

You? Me?

Ellie?

It'll be fun.

It's like old times.

You're actually helping him?

And you? Come on. I can't resist.

But he's a murderer. We only know that
because we represented him. Even so, we

also know he's clinically sick.

Look, the ship has sailed. I said I'd
help. Jimmy, it's someone from Brigham

Hospital.

Give me a balloon.

I'm sorry, Jimmy.

Hey, shh.

This is Lucy Hatcher. She works with me.

She also works for Rape Crisis.

You're so stupid.

What happened?

You're gonna be mad, Jimmy.

I'm still... Prostitution?

It was a trick.

You just went crazy. I don't...

I'm so sorry.

Where's your baby?

She's with a friend.

She's okay.

So, what happened?

One of your tricks beat you up?

He raped me.

And then he beat me up.

Yeah.

The sex wasn't consensual. No.

I mean, it probably would have been. I
mean, we went to a room, too, but as

as we got there...

He just wigged out. It was like he had
this thing against hookers, like we were

evil. I told him to get out, and he
rigged me.

Do you think you might recognize him if
the police showed you some photographs?

He gave me his name.

I told it to the police.

The body of Jean Homestead was found in
an alley off of Tremont Street, a deep

gash in the back of her head, the
apparent victim of a mugging.

That's the way it looked, because that's
the way that Daniel Carrington wanted

it to look. But that is not the way she
died. The evidence will show

overwhelmingly. The defendant drove to
the victim's house, murdered Mrs.

Homestead in her bedroom, then drove her
body back into Boston and dumped her

into that alley.

The evidence will establish the
defendant and the victim were having an

and when the victim tried to end the
relationship, the defendant murdered

The homicide rate in this country?

The city, our city, the proud city of
Boston, is starting to clot.

And people, people like me, you, are
getting damn sick of it.

For one, I'm fed up with exalting civil
rights to the point where the criminal

enjoys more constitutional privileges
than we do. Enough already.

If a person kills another human being, I
don't give a rat's ass whether he

suffers from schizophrenia, substance
abuse, an overbearing mother. I say put

the son of a bitch in jail. It's how I
feel.

It may be how some of you feel, too.

Certainly how the government feels.

And I salute them for it.

But every once in a while, in their
zeal, their haste

to make sure a murder is avenged, They
get it wrong and they arrest the wrong

person.

My heart goes out to Jean Homestead's
husband sitting there and her son.

We all want to catch the person who
killed Jean Homestead.

But Daniel Carrington is not that
person.

They've arrested the wrong man.

Jimmy, the police questioned the guy.
What's his story? They went back to her

place. He didn't know she was a hooker.
After they had sex, she announced she

was. Tried to extort him for $10 ,000.
He refused and left. And you believed

that? Jimmy, the examination didn't
reveal any vaginal bruising or tearing.

see her face?

You think she did that to herself?

I can't rule out the possibility that
she did.

Why? This is a hooker with a drug
problem.

Listen. Even if she's telling you the
truth, a prostitute takes a man to a

to have sex, then claims the sex wasn't
consensual.

I'm not that good a DA.

Both blows came to the back of the
skull. The second one, this one, was

It crushed both the skull and the brain
stem.

Death likely came instantly.

And did you make any other findings that
you find significant?

Several. There were no other bruises,
scratches, no skin scrapings under her

nails, no indication of a struggle.

And what did that tell you?

Well, that it's highly unlikely she was
mugged or overpowered.

Much more likely she was simply struck
on the back of the head.

Anything else?

We found small traces of semen in the
vaginal area. We submitted samples for

analysis. They were an exact genetic
match with the defendant.

Thank you, Doctor.

First of all, Doctor, let me applaud you
on your ability to crunch your

testimony.

So many experts, especially doctors,
just rattle on at such technical talk

either boring or incomprehensible.

I salute you, sir.

Thank you.

I probably shouldn't be admitting this,
but I can't take issue with a single

thing you say.

I agree with all of it.

So, I'm going to sit down so we can move
on.

Oh, I'm sorry.

There is one thing. It is possible for
her to be mugged and dragged into the

alleyway without showing any physical
signs, such as bruising or fingernail

scrapings? Yes, it's possible.

Excellent. Thanks.

Oh, one other thing.

If my client had had intercourse with
the victim several hours before her

death,

semen evidence could still be found,
wouldn't it?

Yes. So, it's possible my client and the
victim had sex,

she was later hit on the head, and
killed by somebody else.

Your findings don't exclude that
possibility, do they, Doctor?

No. Thank you.

He raped me. And it would be your word
against his.

Do you know who he is?

Russell Mathis.

He's a very prominent lawyer.

He would be perceived to be more
credible than a hooker with a drug

I'm not.

There's nothing to be done here.

Maybe not criminal.

I would think Mr. Mathis would like us
to go away without any noise.

I'll go pay him a visit, Jimmy.

I'm ending it now.

I can't sleep.

I'm married. And the truth is, you're
beginning to frighten me a little.

I just need you to stay away.

That was identified as the voice of the
victim?

Identified by her husband, yes.

Where was this message found, Detective?

On the defendant's voicemail.

recorded six minutes past nine on
January 17th. And according to the

findings, when did Mrs. Holmstead die?

Her body temperature indicated that she
died about 10 p .m. that same night.

Did you make any findings as to where
she died, detective?

Our conclusion was that she died in her
own bedroom.

There were microscopic blood spatterings
on her bedpost as well as the carpet.

The blood matched up genetically to the
victim.

We believe she was killed there and then
moved.

Any other evidence lead you to this?

We also found microscopic blood
splatterings in the defendant's car.

Blood that also belonged to the victim.

Thank you, Detective.

Well, things really look bleak for our
side, don't they?

Now, I imagine that's why you arrested
my client.

The phone message, the blood
splatterings, the affair...

Well, come to think of it, that would be
it, wouldn't it? I mean, that's your

entire case.

Blood, phone message, and affair.

Right, Detective?

And his semen.

Right, well, absolutely. Including that
would be fair.

Any weapon?

No. Any evidence?

Physical, forensic, testimonial that my
client was in the victim's bedroom that

night? His semen. Well, the coroner's
already admitted that they could have

love earlier.

Maybe even someplace else.

Do you disagree with the coroner on
that, detective?

No. And this blood you're talking about?

Michael's father, sir.

So if you took all this blood and pulled
it together, the blood you found both

in her bedroom and my client's car, more
or less than a paper cut, detective?

Probably less.

Gee, it doesn't look as bad for us as I
thought.

Objection!

Is it wise to be smug, Joey? Oh, Danny.

That was nothing.

That's going on.

Have they offered any kind of plea here?

Second degree?

Flappable. What are you willing to
think?

We thought an acquittal would be nice.
Yes, besides that.

Danny, would you consider manslaughter?

Joey thinks we can win. This is Joey's
first murder trial. Bobby. He needs to

hear that, Joey.

You don't think we can win?

Yes, you have a shot here.

But your lawyer's opinions are colored
by his ego. Bobby. This is what you get

for making me second chair.

If you don't already know this, you need
to as we go forward.

I've trusted Joey this far. I'm going to
keep trusting him.

How is he?

He's good. The jury loves him. It kills
me to admit it. Admit what?

Hi, Helen.

You know, I've been having these nasty
little hetero dreams of you.

What?

Joey, the blood in the car is a problem.
I hope you don't plan to argue paper

cuts. Oh, no. The beloved husband is up
next.

He's what you call Plan B.

Wait a second. He has no alibi. It
doesn't matter. Do you have any evidence

he killed her?

No. Well, then you don't Plan B, not the
widower. Eleanor.

You accuse the husband with nothing to
back up the accusation your client...

We'll get convicted.

I agree. Bobby, Eleanor, I recognize
that I don't have your experience, but

thing I do know, plan B, that's where
the practice of law is delicious.

Mr. Belluti, Mr. Mathis can see you now.

You can close the door, Pauline.

Yes.

It's the conclusion of a rape crisis
counselor that she was raped.

She tells me she was raped.

And I believe her.

You believe her?

Your clients set me up, Mr. Belluti.

She had relations only then to tell me
what her occupation was. And then she

attempted to extort me. Did she give
herself the black eye? Perhaps she did.

assure you I didn't.

Why are you here?

The district attorney's office has to
prove its case beyond all reasonable

doubt. In civil cases, as you know, the
burden is much less.

She makes for a credible witness.

Get to the punchline.

We settle now or sue you tomorrow.

None of those people would ever know.

On your way out, Mr.

Pelluti, take a glance at the artwork on
the walls.

We are a very rich law firm, Mr. Politi.
It's a byproduct of having many

excellent lawyers.

Go forward with this extortion.

I'll deploy the attorneys here to
destroy both your client and you.

And that's not extortion?

No, it isn't.

Because I didn't rape your client.

You may leave now, Mr. Politi.

I thought maybe Jean was out with
friends, though it wasn't like her not

leave me a message.

Finally, around midnight, I began
calling some of her friends, and then at

.m., my phone... The police.

Mr. Holmstead, I know that this is very
difficult, sir, but did you have

knowledge of your wife's affair with the
defendant?

I had learned about it a week before.

And how did you find out, sir?

Jeannie had been in therapy, and her
therapist implored with her that she

me. And as a result of your finding out,
you... We had some very severe

arguments, ending with a recommitment by
both of us to our marriage.

And as for the defendant?

She planned to break it off.

Do you know if she did that, sir? She
said she had three conversations,

him that... Objection, hearsay.

Withdrawn. Joey.

Let it in, Eleanor.

No, this is... The objection is
withdrawn, Your Honor. I think it's...

thanks.

Would you continue, sir? She said that
he was having a difficult time accepting

that they would not be seeing one
another again.

Jean even thought that she might
eventually have to get a restraining

Why? She was becoming afraid of him.

Did she use that word, sir?

Afraid? Yes.

She was concerned that he might try to
hurt her.

Thank you, sir.

Well, now I wish we hadn't withdrawn our
objection at all if I knew you were

going to say that, Mr. Herrick.

So, your wife told you the things she'd
been discussing with the therapist?

Yes. Has she engaged in any other
affairs?

Not to my knowledge, no.

Has she talked to you, perhaps, about
being unusually attracted to a younger

man, an attraction that both she and her
therapist considered unhealthy?

Mr. Homestead, did she tell you she'd
been sexually attracted to another man,

younger man?

Yes. A man that she had once even
kissed?

Yes. Sir, do you see that man in the
courtroom today?

Yes. Could you identify him for the
court, please?

My son.

Her stepson.

Well, isn't this exciting?

Objection. Withdraw.

For how many hours were you home alone
before notifying the police that your

wife was missing?

I don't know.

Around five hours.

Forgive me, sir, but I have to ask a
question that's on everybody's mind.

Did you kill your wife?

Objection.

Overruled. Obviously. It wasn't over
like she said between her and my client.

They found his sperm.

She's clearly lying to you.

She has an affair.

You learn she kisses her stepson. Your
son.

Then you find out she's lying and still
sleeping with the man she claims to be

afraid of. If it did, she said that.
Only you know for sure.

Did you kill your wife?

No.

I did not.

I don't believe you.

Objection! Mr. Herrick. Nothing further,
Your Honor.

He doesn't need us, Bobby.

He's not even letting us in on all of
his cards.

We're simply sitting in a courtroom as
spectators to be impressed, which is

exactly what his narcissistic disorder
is all about.

He needs other people to see his
achievements in order for him to enjoy

Well, we can't get out now, Eleanor.

We were just talking about you, Joey.
Nice little bombshell.

Wasn't it, though?

Why didn't you tell us about it? Oh,
come on. It ruined the surprise.

The question becomes, do I let Daniel
testify?

Things are going so well. Does he have
any skeletons?

Not that I'm aware of. Then he has to
testify.

He has to explain the semen. And the
blood in his car.

I could rest now. I'd argue they didn't
make their burden. Joey, things aren't

going that well.

You need to put him up.

I'll do whatever you want.

But, Jennifer, we're not going to win
this.

He's prepared to put an army of lawyers
on this.

I think...

We should just let it go.

The man rapes me, and I'm supposed to
just let it go?

Mr. Belluti?

Yes.

First, I'm going to deny saying
everything I'm about to tell you.

Okay.

I don't know if Mr. Mathis did what
you're saying he did.

But there's a junior partner at my firm.

He keeps asking me what's going on.

It's like he's too interested, you know.

I think he knows something.

What's his name?

Like I say, we never had this
conversation.

Jimmy, draft a complaint. Move for an
emergency deposition to be taken prior

filing the complaint.

Can you do that?

If there's a danger, the evidence could
be lost.

This junior partner will have a lot of
pressure put on him. You need to get him

in a room now and put him under oath.

File the complaint, counsel. We're happy
to do that, Your Honor. I would think

the defendant would seek to explore ways
of making this go away before we file,

since filing makes it public record.
That kind of threat is evidence of the

extortion. Look, I have the automatic
right to depose him after we sue.

We're happy to take that route. Mr.
Blutie, don't insult me.

The only reason you're not formally
suing is because by doing so, your card

played and you lose leverage.

This thing has a bad stench to it.

But, Mr. Miles, it's not a question as
to whether he can depose this lawyer.

This motion only covers timing.

We're even willing to come to your
place.

I'm going to allow the deposition.

But, Mr. Belluti, like I say, I don't
like the stench.

We had gone to a club.

At 6 p .m.? A little early, isn't it? It
was an underground club.

Mostly gay.

But a lot of heterosexuals went there
primarily to have sex.

They had sex in the club?

Yes. And you and Jean Homestead went to
this club on the night of the murder?

Yes.

Daniel, what did you do there?

We danced.

We made love.

What time did you leave?

Probably around 8 or 9.

I drove her home.

Did you go inside?

No. I dropped her off, then I went home.

You never went back to her house? No.
Well, did you receive her phone message?

No, that message was left on my business
cell, which she would know I wouldn't

get. That message was left to set me up.
Objection. Sustained.

Then what about those microscopic traces
of blood that were found in the

backseat of your car?

I have no idea.

She's certainly been in the backseat of
my car many times.

Sometimes we even made love there.

Anybody see you and Mrs. Homestead at
this club?

I'm sure people did.

No one's come forward.

It's funny how not one waitress, not one
bartender, not one patron remembers

seeing you there. It's a pretty crowded
place.

Any witnesses to establish that you were
home alone the night of the murder?

If there were witnesses, I wouldn't have
been alone.

Ever been convicted of a felony, Mr.
Carrington?

What? Many years ago.

What, what?

Assault. Assault and battery.

You beat up a girlfriend, didn't you,
Mr. Carrington? I pushed her. Pushed

and she was hospitalized with three
broken ribs.

Wasn't she, Mr. Carrington?

Did you know about that conviction?

So what? He was only 19 at the time.

It doesn't matter.

That felony was reason enough to keep
him off the stand.

They told me to put him on. They didn't
know he beat up a former girlfriend.

Well, the jury had to hear his story.

How about you letting us in on all the
facts from now on?

Just to help me prepare my closing.

I'll meet you back at the office.

I have no information whatsoever.

What's your relationship with Mr.
Mathis?

I work with him. We're both lawyers in
the same firm.

You socialize together?

No, we do not.

Were you in the Palmer House Hotel on
the evening of April 12th?

No, I was not.

Do you have any information concerning
the events involving Mr. Mathis on April

12th? Asked and answered. I will answer
it again.

I don't know what you're talking about,
and I have no information.

Do you know Jennifer Cole?

No, I do not.

Ever heard of her before?

Only in connection with this lawsuit.

Okay. We're done.

You can go, Mark.

You also, please.

If you go forward with this lawsuit, Mr.
Belluti...

This is the counterclaim that awaits
you.

Never mind abusive process. There are
counts of libel, defamation of

You can't sue me for what I allege in a
complaint.

Oh, we will.

And truthfully, I hope we lose the first
go -round.

That'll give us a chance to go to the
appeals court.

Possibly the SJC.

I hope you like working on this case,
Mr. Galluti.

Because for the next three years, you'll
have time for little else.

Sorry we're late. We were held up in
court and we all wanted to come over

together. What is this? This is an army,
Mr. Mathis.

See, you may have thought to yourself,
nobody's going to take up the cause of a

lowly prostitute.

But you were wrong.

Jennifer Cole is a friend of this firm.

We care about Jennifer Cole. We stand
committed to exercising Jennifer Cole's

rights. I guess what I'm trying to say,
Mrs. Mathis, if you've won a war, you've

got one.

You think you're ready to challenge the
resources of this law firm?

Do some research.

We've been up against big firms before
and beaten them for a lot of money.

A reputation is a terrible thing to
waste, Mr. Mathis.

You people are what give lawyers a bad
name.

No, lawyers who rape give us a bad name.

Look, we can fight.

Or we can settle this. But like Eugene
Young said, if it's a fight you want,

you're in for a big one.

And win or lose, you lose.

$175 ,000.

All conditioned on total
confidentiality.

$175 ,000? I think we should take it.

Okay. We'll have to check tomorrow.

Thank you.

Thank you.

Thank you all.

But, Jennifer, listen.

This guy Matthew, if he's capable of
rape, we just left him pretty hot.

I don't want you ever going back to the
Palmer house.

I won't.

You have a little girl, Jennifer.

She needs you.

The other night, you could have been
killed.

You need to start over.

I will, Jimmy.

And not just for her, but for you.

You don't owe me nothing.

I owe you my life, Jimmy.

And I'll never forget it.

She told her husband she feared Daniel
Carrington, feared that he might hurt

her, and she's found dead, dead with
traces of Daniel Carrington's semen in

Her blood was found in Daniel
Carrington's car. Come on.

He previously beat up and hospitalized
another girlfriend.

All the evidence in this case points to
him. And what's his story? They made

love in a bar?

Nobody saw them in this bar.

Not one patron, not one waitress or
bartender.

There was a message from the victim
breaking off the relationship. A

To the defendant left one hour before
she was murdered.

There is no doubt here, ladies and
gentlemen.

Daniel Carrington murdered Jean
Homestead.

I certainly understand the theory that
Danny did it.

His sperm.

Blood.

Phone message.

Makes perfect sense to jump to that
conclusion, doesn't it?

But we don't jump to conclusions in
murder trials.

The evidence has to establish guilt
beyond all reasonable doubt. Now, have

really done so here?

They certainly didn't rule out that they
made love at the club or that Danny was

alone at home.

Let's face it. We really can't rule out
the husband, can we?

He had motive.

Opportunity? No alibi.

What about stepson, for that matter?

Any stepson embroiled in an Oedipal
affair?

Certainly capable of twisted turns.

Doesn't even stop there.

Suppose Danny Carrington had another
lover.

No evidence, to be sure, but they didn't
even investigate that.

And is it really that far -fetched?

The other lover?

gets wind of the little session at the
club, goes to the victim's house,

threatens her, forces her to make that
phone call to implicate Danny. Then he

or she kills the woman, dumps her in the
alley, knowing full well who the police

will blame.

He or she even plants that little blood
speck in his car.

Now, Danny is the...

Obvious suspect.

Could have been anybody.

Maybe one of you.

Maybe the judge.

Maybe me.

Now, could have been a bonehead stupid
murder by Danny or one of the more

perfect variety by somebody else to
frame him.

The husband.

The stepson.

A female lover. A big, gay, sick lover.
Anybody.

The simple truth is, we don't know.

Certainly not beyond all reasonable
doubt.

They sent you with the check?

No, the check is coming by messenger.

May I see you in private, Mr. Berluti?

I'm a man of conscience,

which made yesterday one of the most
difficult days in my life.

I lied in my deposition, Mr. Berluti.

I had a hunch.

I don't think you had this particular
hunch.

About six weeks ago, I met Jennifer Cole
in the Palmer House.

She passed herself off as a young
advertising executive.

We got a room, we made love.

After which she informed me that she was
a prostitute.

And if I didn't give her $10 ,000, she
would tell my wife.

Or cry rape.

Here's a copy of my check.

There's nothing to be done now. Your
case is settled.

But these are people with families, Mr.
Berluti.

It's difficult for me to stay quiet,
knowing she's going to do this again.

Did you kill her? Bobby, I was throwing

out a hypothetical.

I don't think so, Joey.

This totally fits your narcissistic
disorder.

The only reason we were at that table
was to be an audience for that smile.

You did it, and you wanted us to know
you did it. You've been watching too

television. Did you and Danny used to be
lovers?

Well, now that you mention it, that's
how I got the case.

I'm going to the DA. Oh, please, Bobby,
the jury's out.

If we win, you've got nothing to say. If
we lose, well, DA's just love.

I'm sure he'll be thrilled to listen.

You think you want to lose.

That's why you put your guy on the stand
with a felony conviction.

And that closing? Wait, wait. What was
wrong with my closing? It was

Maybe the judge did it. Maybe a juror
did it. I also said maybe the lawyer did

it. That part you seem to believe. You
killed her. Bobby.

Bobby.

You think I'm evil? You murdered his
lover.

Framed him.

Got yourself put on as his lawyer to
guarantee he goes away.

But I must say, it does sound worthy of
me.

Hi, everybody.

What's the matter?

The name Mark Green didn't ring a bell
with you, Jennifer?

You cashed his check?

You did the same thing to him you did to
Mathis.

Here's your check.

Take it, walk out of this office, and
never come back here again.

These people are rich, Jimmy.

It's expensive, raising a child. The
biggest problem your child has is having

you for a mother.

If I hear of this happening ever again,
I'll go to the police and to social

services to take that child away from
you.

Take the check, walk out, and never come
back.

Will the defendant please rise?

Madam foreperson, has the jury reached a
unanimous verdict?

We have, Your Honor.

What say you?

In the matter of the Commonwealth v.

Daniel Carrington on the charge of
murder in the first degree, we, the

find the defendant, Daniel Carrington,
guilty.

We will appeal, Your Honor. So noted.

Members of the jury, this completes your
service.

Security, will you take the defendant
into custody?

We're hereby adjourned.

Danny, listen, don't lose hope. We will
keep trying.

What happens now? Come right in. We're
going to start talking about our appeal.

Danny, don't lose hope.

Don't lose hope, Danny. Remember, in the
end, it's a good world.

Well, guess you can't win them all.

I can figure out a way to reveal what I
know I will.

Certainly you know the allegation that I
try to lose a case would be libel, per

se.

Listen, sometimes you have to accept
unfortunate outcomes.

All part of being a lawyer, isn't it?

Right, Ellie?

Well, if you'll excuse me, I'm going to
go try to dig up some new clients.