All language subtitles for the_practice_s07e02_convictions

Previously on The Practice.

We've heard testimony of another client
who terrorized your wife. He was

murdered. I smell a pattern.

Threaten Lindsay Dole, you get killed.

Objection! He knew his wife was
culpable. Why the immediate assembly of

The refusal to speak to police. This is
consistent with the behavior of guilty

people. Ms. Dole. I am bound by the
statute.

to sentence you to the Framingham
Correction Facility for the remainder of

natural life. The emotional
undercurrents of a case play a part.

appeal.

James Berluti, Melissa Halpert. Hello.

This is my daughter, Joey.

Sixteen years ago, I kidnapped her.

Does your daughter know?

No. I recently read a magazine article
about the birth mother and the woman

accused of stealing Joey. I represent
the individual who kidnapped your

sixteen years ago.

The individual sends to you this money
order in the amount of $70 ,000.

Jimmy, police got a visit from a woman
named Sally Burns last night.

You had to know she'd go to the police.

So what?

It's attorney -client. We already know
who she is.

Bernice White.

First you're calling me saying it's
really important that we meet, and then

see you on television concerning a crime
that I have been suspected of for

six... years bernice white please place
your hands behind your back what tell

them i'm not your client she neither
confirm nor deny that she is our client

what we neither confirm nor deny she is
our client

She's fading.

I just can't close it.

Okay.

Bernice, I'm Helen Gamble.

Why won't you leave me alone?

I'm the district attorney. Can we get
you a cup of coffee or something?

No, I just want to go to sleep.

I know.

Listen, I'm very familiar with these
kinds of cases.

And the truth is, I happen to believe
you.

You say you didn't kidnap this baby.

And I believe you believe with all your
heart that that's the truth.

But I also believe you're suffering from
a form of amnesia, which is extremely

common. No.

Sometimes, when good people commit acts
that shock their own conscience, they

block it out.

In your mind, this kidnapping never
happened.

But... The thing is...

A witness saw you leave with the baby.

And now what the police aren't telling
you, they've now located the woman you

gave the baby to.

She identified your picture.

You will be convicted for this crime.

It's not even a question anymore.

The only thing to be determined is what
happens to you.

Do you understand what I'm saying,
Bernice?

Your life is in your hands.

You tell us the truth, we can help you.

You can get home.

MDs after The Bachelor, Wednesdays
starting at 9, 8 central on ABC.

We're moving you from the orientation
unit to the compound.

Okay. Don't pick up disciplinary
tickets. You could stay there for the

of your sentence, which is... Life.

I'm hoping to reduce that.

My appeal is scheduled for tomorrow,
actually. I was hoping that I could

Sorry.

You filled out a visitor consent form
for a minor child?

For my son.

We'll need a certified birth certificate
before he can come in. Then I'll be at

least a month after that. Wait a second.

I can't see my son for a month?

When you see the shrink at meds, most of
the girls here are on at least one

antidepressant.

He can also give you a dental dam.

Excuse me? If you get involved with
anyone, it's better to be safe than

You've been assigned to janitorial. I
asked a clerk in the law library. They

do. It goes to the senior girls.

But I'm a lawyer.

Miss Dole, part of your adjustment here
is learning that what you were before

doesn't matter.

Look, if you don't like the brief... I
didn't say I didn't like it. I just

we short -scripted the merits a little.
An appeal isn't about the merit. It's

just the same.

it would be nice to have them
emotionally predisposed. Justice Leon's

the victim of violent crime. It's not a
bad idea to tickle that nerve a little

by reminding them who Lindsay shot.

I'm only talking about two more
paragraphs.

Okay.

She's feeling it a little. Was this a
mistake?

She'll be okay.

Nerves usually make her better.

I've got a problem.

I represent a woman, Melissa Halperin,
who kidnapped a child 16 years ago. I

heard. Well, you probably also heard.
The police arrested somebody else,

White. In fact, they arrested her
because of me. Jimmy, can you just cut

problem? We're a little busy here.

Fine.

Bernice White confessed.

Excuse me? They must have interrogated
her half the night. I don't know.

But she signed a written confession.

For a crime she didn't commit?

Yes.

Bobby, this is all my doing.

I'd like to represent Bernice. How can
you do that? You represent Melissa.

I won't violate any privilege.

But Jimmy, there's a conflict.

It's in your client's best interest for
the police to continue thinking Bernice

White is the kidnapper. And I'm not
going to do much to change their minds

that. But I can still help her beat it
without compromising Melissa Halpern.

That's crazy, Jimmy. I can't just sit
and do nothing here.

That woman's going to go to prison for a
crime she didn't commit.

I put all of it in motion.

I can't just... If I promise not to do
anything against Melissa Halpern's

interests.

You get her consent first.

She has to waive the conflict.

Okay. Great. And take Jamie with you. I
want her there. Why? Because you seem a

little nearsighted, Jimmy. I want
backup. I don't need... You take Jamie

you.

She confessed?

That's the good news.

The bad is she says she doesn't know
where your daughter is.

Well, what did she do with her? She
claims she doesn't remember.

Look, now that we have the confession,
we've got some leverage to work on her.

Sally, it's early. Give us some time. I
don't care if you make a deal, Helen.

I don't care whether or not she goes to
prison.

I want to see my daughter.

Represent her?

Bernice White? You have my word. Give me
away. I promise you it won't. It'll

have nothing to do with you.

I won't be saying I know who the real
kidnapper is.

I will be defending her straight as if
you didn't exist. Why can't she just get

another lawyer?

She could.

But the reality is any other lawyer is
going to think she did it. And the

defense will reflect that.

I want it to be me.

And why is she here?

Because as complicated as it is, we feel
two attorneys... Here's my card. She

doesn't need your card.

Melissa, I know you don't want Bernice
White going to jail.

One of the reasons you came to me was to
spare some of her suffering.

I don't want to be going to jail either,
Jimmy.

I won't betray you in any way.

Hey, Mr. Belluti.

Hey, Joey.

Still working on the will?

And who's this?

Oh, I'm Jamie Stringer.

She works with us.

Why do I get the feeling that there's
this big secret?

There's no secret, sweetheart.

Grown -ups draft will. It's just one of
the boring things they have to do.

Okay.

A month, they're saying, before she can
see him.

I gotta tell him tonight he won't see
his mother until Halloween.

Bobby, it's prison rules. Look, I don't
have any jurisdiction or even influence

for that matter.

There's gotta be a string you can pull.

Well, I don't have it.

Look, your best option is to go to the
court and ask that she be allowed to

attend her appeal.

We struck out there.

Come on, Helen.

I'll try.

Thanks.

You know...

You have a client, Bernice White,
kidnapped a baby 16 years ago.

If she were to tell us what she did with
that baby, I think the office could

find a way to let Lindsay visit with
your son.

Playing one case off another. I'm not
playing one case off of another. You're

here looking for a special favor. It's
going to be hard for me to accomplish

that considering the disfavor your firm
has held in here.

All I'm saying is if you were to do
something to cultivate a little

could help Lindsay.

I am not going to discuss that other
case.

I'm only here to discuss Lindsay.

Who, in addition to being my wife, is
also one of your best friends.

Why did you say you did it? I don't
know.

I just wanted them to leave me alone.

Couldn't take it anymore.

And then they said that if I gave them
what they wanted, I'd go home. Let you

go? And then the woman, she said they'd
be lenient. And then the detective came

back in, and he said that if I
confessed, that he'd help me.

And I was so tired, I believed him.

The police said if you confessed, they'd
release you?

Yes.

Shouldn't the first step be a motion to
recuse?

No. I really think... Can I have a
second?

One minute.

You lied to her.

I'm allowed to do that.

You're not allowed to manufacture
evidence, Helen. I didn't. Who's this

she supposedly gave the baby to?

I've already marked up a motion to
suppress the confession.

Well, there's the stunner.

You'd be... I'm Jamie. She doesn't care.

Listen, Jimmy, you want to make a deal.

Tell me where the girl is. Otherwise,
don't bother.

You crossed the line, Helen.

I'm going right into court. Fine. I'll
see you there, Debbie.

Jamie.

Jamie, technically you didn't disclose
to Bernice White that you represent

Melissa Halpern. I don't need to. You
don't need to? It's Legal Ethics 101.

The law is black and white. Jamie,
practical lesson number one.

It's never black and white.

Helen somehow got it done.

So I can attend.

You can be there.

Great.

So how's your first day going?

Seems everybody here is a killer.

I ran into two former clients, so at
least I'm making friends.

Did you read the brief?

Yeah, I think it's great.

Is Rebecca really the one to argue?
She's never even appeared before the

court. This is the FJC.

I wouldn't let her do it if I didn't
believe in her.

She's ready.

Hey. Hey.

Eleanor and I were thinking, let's do a
moot court tonight.

We'll play the judges, that way you can
practice on us, and we'll try to pick

you apart.

Okay.

This seemed like a good idea when I
asked for this.

It was a good idea.

It still is.

The only thing to keep in mind is the
Supreme Judicial Court.

Don't let your passion get the best of
you. The first thing they always look

is deference.

If they're mistaken, just tell them how
justified the mistake is.

Then correct them.

Okay.

Hey, you stepped up for this because you
know you're the lawyer for this job.

I am allowed to trick suspects. We have
been through this before, Your Honor.

It goes beyond trickery, Your Honor.
They kept interrogating her for six

Then after she's half delirious with
fatigue and fear, they feed her this

amnesia crap about how she blocked out
the crime.

Then they tell her she can go home if
she confesses. Then they tell her

got this phantom witness.

They had her half believing maybe she
did commit the crime. She knows she

commit. This went beyond coercion.

Trickery is constitutional. You
shouldn't even be arguing.

You're a witness in what happened in
that room. Fine, recuse me. We can bring

somebody else.

My client was also represented by
counsel, Your Honor. No, your client

repeatedly maintained you were not her
lawyer.

Your Honor, the reason Bernice White was
arrested was because the police

believed her to be my client.

They, in fact, arrested her in my
office.

So for the prosecution to now claim Ms.
White was not represented by counsel is

blatant bad faith. Wait a second. Did
you represent her or not?

At that time, no.

So the prosecution is right. She wasn't
represented at the time of the

interrogation. They got the wrong one
here.

That's a jury question.

If this goes to a jury with a
confession, she's gone.

Juries think confessions are the truth,
and they're not. Was this interrogation

videotaped? Yes.

I want to see it.

All of it, Miss Gamble. I'll watch the
tape, then I'll make my ruling.

The defendant stays in custody.

We're adjourned.

I'll call you as soon as I hear
anything.

Okay.

Look, I'm still willing to play ball if
she tells us where the girl is.

And we maintain the jury instructions
were flawed, insofar as the judge failed

to advise that lethal force may be
justified even against unarmed victims

the defendant believes her life is in
danger. Did you submit your own jury

instruction? Yes, Your Honor. We timely
submitted our proposed jury

instructions, which Judge West rejected.
And what was your proposal on lethal

force? Referring the court.

Page. You have to have it ready,
Rebecca. You get 20 minutes tops.

You need to know the transcripts and
pleadings. I can't feed them to you.

Okay.

You're raising a wheat violation?

Yes, Your Honor. Your client waived
that. That would be assuming Ms. Dole

the capacity to waive it. Is there
anything in the record that goes to her

mental incapacity?

Yes, Your Honor, referring the court
to... You have to have it ready. Okay!

You can't use that tone.

I know.

Is Jimmy still here?

No, actually.

Melissa, I thought we agreed it wasn't a
good idea for you to come here.

I just wanted to know how things went
today with the hearing.

Oh, the judge took it under advisement.

And if the confession is suppressed, Ms.
White will be let go, right?

We hope so.

I called Jimmy at home. There was no
answer.

If he checks in, would you have him call
me?

Sure.

Good night.

Night.

Sit.

You ready?

I am so ready. You really need to hammer
prosecutorial misconduct.

I plan to.

Even if we win here and get a remand,
it's not going to do Lindsay much good.

That retrial will be stuck with her
former testimony, which means we can't

really argue self -defense.

So what are you saying?

I'm saying we need to get a reversal
with prejudice.

Lindsay's best chance at freedom is with
the SJC, not at a trial court. And the

only way we get a reversal with
prejudice is prosecutorial misconduct.

Okay.

Anything else?

Yes.

I know you're nervous.

It's quite natural for you to be scared,
intimidated.

But what you need to remember, Rebecca,
is there's a reason why we picked you.

Your advocacy skills, your command of
the law, your passion.

We all believe in you.

Lindsay does.

Most of all.

I do.

Thank you.

Off we go.

All rise.

Be seated.

Stand up, Ms. Gamble.

I watched that tape.

And once again, I find myself disgusted
by your tactics.

Trickery and deceit may pass
constitutional muster, but it gives you,

court, and the concept of honor a very
black eye.

I hear you complain all the time about
the erosion of public trust, and yet

own behavior puts no value on it.

Go stand in the corner.

I beg your pardon? You heard me. Go in
that corner and stand.

Face in.

Your Honor, with all due respect to your
authority in this room... You'll feel

the extent of that authority if you defy
it, counsel.

I'm not about... March yourself into
that corner now or you go to a jail

Mr. Belluti.

Your client was not represented by
counsel at the time of this

She at no time asked for a lawyer and
however deceived, tired, and badgered

she may have been, there is no
indication that her statement wasn't

The confession, however putridly
obtained, therefore stands.

The defendant will stay in custody.

We're adjourned.

I represent the real kidnapper.

This is ex parte.

It isn't Bernice White. Get out of here.
If she goes to trial with a confession,

she's gone. You are one sentence away
from the jail cell Helen Gamble almost

got. This is ex parte.

Highly improper.

I will disregard it in its entirety and
ask for your bar card if you utter

another syllable.

Convince your other client to turn
herself in if you want, but don't you

come to me.

Jimmy.

Nothing. Go.

What?

I was about to say, on a more personal
note,

how are you?

Fine.

How are you?

I'm, uh... Okay.

May it please the court, my name is
Rebecca Washington, and I represent the

appellant Lindsay Dole in the matter of
the Commonwealth v.

Dole. You are in receipt of our
appellate brief, and I would like to

court on several issues outlined in that
document.

First, during trial, the Commonwealth
referred to the fact that Ms. Dole

initially chose to speak with lawyers
instead of the police the night of the

shooting. Ms. Dole, like any criminal
defendant, had the constitutional right

not to speak to the police, a
constitutional right to confer with

it was reversible error for Mr. Walsh to
use the exercising of those rights as

evidence against her. Was an objection
made on those grounds at trial?

Yes, Your Honor, Ms. Frutt objected.
Actually, she objected that the question

sought privileged information, not that
the question was unconstitutional.

Even if the objection was legally
flawed, Mr.

Walsh went further.

He argued that Ms. Dole's decision to
speak with her lawyers was, and I quote,

consistent with the behavior of guilty
people.

Ms. Frost didn't object to that.

We maintain Judge West nevertheless
should have struck the statement sua

Moreover, Mr. Walsh made other errors.
He argued that the shooting was part of

pattern. That my client and her husband
were in the habit of killing clients.

Can't the prosecution use character
evidence to impeach a defense witness?

Not if that evidence is overly
prejudicial. And such character

prejudicial or not, is inadmissible
without prior notice. We never got that

notice. And where's your objection to
that? If you refer to the transcript,

you'll see Ms. Frutt made a timely
objection once Mr. Walsh introduced the

evidence concerning Mr.

Heath. I see an objection going to
prejudice. I see nothing going to

It was a general objection which under
Massachusetts law... You agree there was

sufficient evidence to convict your
client? We agree the evidence might have

supported manslaughter, but not... You
don't deny she shot him?

No, we do not. You just disagree with
the verdict.

We maintain the trial was unfair, that
the prosecutor committed multiple

reversible errors. Well, did you ever
move for a mistrial?

No, but under Massachusetts general
law... So basically you took your shot

you're here because you don't like the
result.

I'm here because of something called the
Fifth Amendment.

I'm here because of something called the
Sixth. amendment, basic constitutional

rights belonging to Lindsay Dole that
the prosecutor blatantly trampled. We're

not talking about subtle shades of gray
where civil liberty or two was

encroached upon.

He plowed over them with a tank.

Mr. Walsh showed contempt for the
Constitution.

He had no regard for fundamental civil
liberties. And I'm here today under the

assumption that the seven of you do.

Lectures aren't generally effective.

And I wouldn't presume to lecture you.

But I will use part of my time to enter
indignation into the record because I

think a lack of it is part of the
problem.

Police lie today.

So do prosecutors.

And it doesn't so much as raise a
judicial eyebrow because it goes on all

time. Everybody's jaded. It doesn't
shock anybody's conscience.

And I'm here saying it should shock
yours. This man wanted his verdict. He

forget the Bill of Rights.

And he's hoping you cop the same
attitude.

I am here hoping otherwise.

It's not my place to second -guess you.

Then why are you about to? Because you
have violated so many ethical rules. The

conflict of interest. You charge in to
see a judge ex parte. Lucy tells me you

even used to sleep with this judge.

I never said for her to tell you. I told
her that.

You forget we have squeal laws.
Technically, I'm obligated to report to

all of this.

Then why don't you do that? I'm not
looking to do that. Then what do you

Jamie? Why are you being so mean to me?

Look, I made a mistake that resulted in
a person being arrested for

a crime she didn't commit.

The likelihood is I can't undo that
mistake.

She's going to prison.

I don't mean to be acting out against
you.

But, well,

you're there.

I'm sorry.

Trials need to be fair, not perfect.

Even if some of my questions went too
far, and I make no such concession, it

harmless error.

Oh, come on, Mr. Walsh. You raised
another murder and linked a defendant to

As Your Honor correctly noted, we linked
Bobby Donald to it. A witness.

We have every right to impeach. You
called it a pattern, and you also linked

to Lindsay Dahl. The jury was instructed
that the lawyer's questions and

arguments are not evident. Still, it's a
little hard to unring a bell, isn't it?

Moreover, Miss Frutt didn't ask for any
curative instructions.

She didn't move for a mistrial.

They're raising things here they
effectively waived. What about your

your own personal beliefs?

In your opening, you said you wouldn't
have shot the man.

If that wasn't proper, it was.

Then I would again ask, where's the
harm?

I think we can assume that the jury
assumed going in I wouldn't have shot

man. My saying, it hardly made much
noise.

You think you took the high road here,
Mr. Walsh?

The high road?

Yes.

My answer to that would be, murder
trials are typically low roads.

They get ugly.

Often personal.

Not that the doctrine of unclean hands
is applicable.

But let's look at some of the defense
counsel's tactics.

Those aren't an issue here.

They are as a context to mine.

It would be a mistake to focus on
defense conduct.

My actions did not cause Lindsay Dole to
be convicted of murder.

Her actions led to that result.

She received a fair trial.

She had an army of attorneys.

She got a better defense than most
defendants.

The jury heard all the evidence. They
were properly instructed, and they made

their unanimous finding.

Ms. Dole lost.

And this court cannot disregard a
verdict merely because it disagrees with

They'll assign a trial date. We go from
there.

Jamie will keep you updated on all the
pretrial developments.

You can call her or me anytime.

Okay. We're not going to give up. I
promise you that.

Why are you being so kind?

Because I know you're innocent.

And because you feel responsible?

I know the real kidnapper is your
client.

I read the newspapers.

Like you said, it's why I was arrested.

Why can't you just tell the police who
she is?

Because I can't.

I'll do almost anything else, but I
can't do that.

Yes, you can. You mean you won't.

I won't.

I'm going to be convicted.

We all know it.

And you won't tell.

That must be very hard to live with.

Is it?

Has anybody seen Jamie?

Uh, she said something about an
appointment.

Please let her know. She's expected to
check in with us.

Eleanor, can I see you a second in my
office?

You know that I know you tried an
excellent case.

But judging from the questions the
Supreme Court put to Beck, we think,

think, there was inadequate counsel.

They were group mistakes.

No, they were mine.

They were trial blunders.

The decisions were... Bobby, I was at
the SJC. I heard the questions.

They were trial mistakes.

We're going to start preparing an appeal
on ineffective assistance.

It might be too late, but we feel we
need to try everything.

I don't disagree with your decision,
Bobby.

Anything else?

Miss Halpern, may I speak to you?

I won't take very long.

First off, let me assure you I am not
here at the request of Mr. Berluti.

He'll probably want me fired when he
finds out.

Then why are you here?

Well, I've been pretty much an observer
on this case.

But from my observations... I think it's
only a matter of time.

Miss Stringer, if they haven't found me
after 16 years, I hardly think... I

don't mean the police.

I mean you.

I think you're inching towards turning
yourself in.

Whether it's showing up in court or
coming to our office even when we tell

not to.

Even by seeking out the victims to give
them money.

You were putting something in motion. I
can't live in jail.

Obviously, you're having difficulty with
the way things are now.

And when Bernice White starts serving a
25 -year -to -life term, you will never

live with that.

I'm not trying to talk you into
anything.

I'm only encouraging you to hurry to the
place you're already headed for.

For Bernice White's sake.

And... I guess your own.

Hey.

Hi. What are you doing here?

Oh, I picked you to get some signatures.

Signatures on what?

Actually, we were discussing a crime.

I committed 16 years ago.

It's a two -pronged test.

First, we have to prove that our
representation was measurably below that

ordinary lawyer.

What's measurably? It's like the
definition on obscenity. They know it

see it. And the second prong?

But for our incompetence, Lindsay would
have been acquitted.

That's going to be tough to prove.

Bobby, clerk's office.

That's J .T.

Hello, this is Bobby Donner.

Why didn't they call me?

Shh. Show yourself.

Yes.

Uh -huh.

He's done Fifth and Sixth Amendment
violations.

Lindsay's conviction has been reversed.

They've ordered a new trial.

Thank you.

It wasn't everything we wanted.

But it's a chance.

Thank you.

Congratulations.

I don't give a damn. That isn't true.

Hey, gives me a chance to beat them
twice.

Truth be told, I hate that firm so much.

Just the opportunity to stick it to them
twice.

Suddenly there's something to get juice
for.

They'll never win a retrial.

You watch.

They'll come crawling, looking to plead.

Forget it.

She's never getting out of prison.

Never. You sound a little rabid.

I know you like those people, Helen.

I don't.

They're the pricks in my side.

I think you mean Thorns.

Helen.

We went to your office.

They said you were here.

This is Melissa Halpern.

She's the person who kidnapped Sally
Burns' baby 16 years ago.

It's over.

You're free.

The real kidnapper came forward.

It'll be in the papers tomorrow.

Thank you.

I didn't mean to usurp anybody.

You're an associate.

You take the assignments we give you.
You do not get creative. You do not go

clients behind our backs. I knew it was
something Jimmy... You don't make

excuses when you know what you did was
wrong. I'm sorry.

Oh, is that not the approved associate
tone?

This isn't going to work if that's the
attitudes you're coming in with.

I knew that what I was doing was
unconventional and risky.

But I saw something in this woman.

And I really thought I could help.

Next time, you check with us first.

Okay.

Square one.

Forensics, psychiatrists, ballistics. We
go through it like it's the first time.

What are you expecting to find?

Something. We have to have something new
for the second trial.

Who's trying it? Either outside counsel
or Eugene. I haven't decided yet.

Are we switching theories?

I don't know. We can't go self -defense
since the prior testimony comes in. What

else is there?

It's got to be straight insanity.
There's nothing else. What about the

call when she sounded so calm?

Post -traumatic shock.

Nobody's saying it's going to be easy,
but insanity is all we got. We have to

pour through the transcripts every word.

Somewhere there has to be something we
can use. We've got our new trial. Now we

have to win it.

Bobby, I know you don't want to hear
this, but we need to consider a plea.

we won't win this trial. With her prior
testimony, they have a stronger case.

We're not pleading, Eugene.

End of discussion.

The assignment for everybody is to
figure out a way to win.

Straight, not guilty.

This is Joey Joey?