All language subtitles for the_practice_s08e07_rape_shield

Obviously, on the practice.

Suddenly airport security comes and
tells me I have to get off because I was

fat to fly.

The statute of limitations for suing us
has expired.

I would just tell the client that we
settled, pay them out of my own pocket,

avoid the whole malpractice thing.

They've agreed to pay you $10 ,000.

Tell them no.

This woman thinks the airline offered
her $10 ,000? Just help me. Tell your

client the truth.

There's something you need to know. I
already know.

And all I can say is thank you. Mr.
Torrance came to my house this morning.

went to Melissa Kenner and pretended to
be somebody from the airline and settled

the case.

Well, any chance I get to break a law.

Why are we having lunch? I think I enjoy
the company of inquisitive people.

Also, I find you attractive.

I was so sure after the case was over
that... That you were expendable?

Just the opposite, Diane.

It's not a Jewish thing.

What is it, then?

A man -woman thing.

I want to break up.

Jamie, you and I, it's just a thing.

You both know that. It's no big deal.

What are you doing?

Just looking.

Just looking.

I leave.

I perhaps should have shared that prior
to getting intimate, but...

In relationships, I leave.

Are you leaving now?

Only to go to work.

I don't mean to suggest any waning
interest on my part. To the contrary.

But in the spirit of honesty.

You leave.

Okay. You'll be transported to the
courthouse tomorrow at 8 a .m.

The trial is scheduled for 9.

When do I see my lawyer?

Mr. Belluti will be waiting for you at
the courthouse.

As will I.

You might want to think about a plea.

Aggravated rape could be as much as 25
years.

Can I ask you something?

Certainly. How is it that I'm going on
trial tomorrow, facing 25 years, and I

haven't seen my lawyer in weeks?

He's been working on the case.

And he's quite prepared.

I assure you, you're in very capable
hands.

What are these?

They're for Jamie, actually.

Wow, orchids in November. Who from?

We don't know.

You ready?

A little heads up. The client's slightly
perturbed not having seen you. Okay,

let's go.

Jimmy, hold on a second.

You haven't seen your client?

Not since the arraignment.

Tara's been doing the back and forth
with him. I've been prepping the case

here.

Hey, you're the one who said watch out
time on the court -appointed cases,

Eugene, so... I said draw limits.

I never said don't bother to meet with
the client. I'm ready to try the case.

Don't worry.

Come on, Tom.

Nice.

Who from?

This is kind of private.

Somebody Jewish, I hope.

I arrived home, I think it was just
after 8 p .m.

I was picking up Jessica to go out to
dinner.

It was her 21st birthday.

Jessica is your daughter?

Yes. I came into the house and I
immediately heard noise coming from

What kind of noise, sir?

Well, I really couldn't identify it at
first.

But then I went into the living room and
I saw the cause of the noise.

What did you see, sir?

I saw my daughter being raped.

I know this is difficult, sir, but can
you describe for the jury exactly what

you saw?

Jessica was on her back, on the floor.

That man over there was on top of her.

Her pants were pulled down, his too.

And he was forcing himself inside of
her.

Are you sure this is the man you saw on
top of your daughter?

I am positive it was him.

It was him.

What happened next, Mr. Palmer?

I picked up a shovel by the fireplace.

And I knocked him unconscious.

And I called 911.

I tied him up with an electrical cord.

Police came and got him.

And could you describe for the jury the
condition of your daughter?

She was beyond hysterical.

I'm done, Your Honor.

You said, sir, you heard noises when you
entered.

Did you hear screams?

I said before I couldn't identify the
noises.

When you saw what you saw, would it be
fair to say it caused you feelings of

shock? That would be fair.

Did you see any weapon in my client's
possession?

No.

Nothing, sir.

You didn't do nothing. Look, Derek, this
was the father of the victim. You got

to walk a careful line. I'm the victim
here, Mr. Baluti. Do we not understand

that? In the eyes of the jury, this man
was sympathetic.

It would have been a mistake for me to
beat him up. So you did nothing?

No. I established that he didn't hear
screams, which, as a girl's father, he

would have remembered hearing.

I established that he went into shock
upon seeing the event.

Shock compromises capacity to observe.

Did you explain to Mr. Mills that our
theory of defense... Why haven't you

explained it to me? Huh?

She's a law student.

Where the hell have you been?

We got a problem, Mr. Mills.

Because if we do, I got an easy
suggestion.

We can go see the judge, tell her you
want a different lawyer.

I doubt she'll give you one middle of
the trial, but hey, it's worth a shot.

You like to take your shots where you
find them, huh, Derek?

All right.

This isn't helping.

Seems like a nice guy.

He's angry.

Yeah, I picked up on that.

Jimmy, if I could play the role of a
naive law student for a second.

There's no chance that he could be
innocent, is there?

What are you talking about?

You're the one who's been saying he's
guilty.

I know.

I'm sure that he is.

It's just that he's so indignant.

Lesson number one, Tara. The guiltier
they come, the more indignant they get

about being arrested.

Right.

Good.

Is there a problem?

No. Excellent.

So... You are here to... Alan, I don't
like I'm leaving to be the first words

out of a man's mouth in the morning.

Especially after I've slept with him the
night before.

Could we perhaps discuss this later?

Oh, I'm not here for confrontation,
Alan. Only some clarity.

Will we be seeing each other again?

Would tonight be soon enough?

Yes.

Fine then.

The man Roland Hough shot, wasn't that
his sister?

I believe it was, yes.

You slept with her? I did, actually.

Thank you for asking.

Alan.

Do you mind?

Sorry, I, uh... Thought they were firm
flowers?

Well, since they were out in the open...
I left them on my desk.

Okay.

Sorry.

You settled Melissa Kenner's case for
$25 ,000?

Uh, oh, yeah.

She was very pleased.

Hence the flowers.

How come you never told me about the
settlement? I mean, that's a pretty good

result. Well, I don't know. I don't talk
about all my cases, Eugene.

Where's the money?

Sorry? Our contingency?

There are no funds in the client's
account.

So when's the money coming in?

Soon.

Very soon.

What's this?

The contingency on Melissa Kenner. I
can't make deposits since I'm an

so I'm giving it to you as a partner.
I'm confused.

We deduct contingencies and then we pay
the client. Why is this check... I

forgot. The client got the whole thing.
She cut a money order for us.

You forgot?

You just gave the client the whole
thing? Look, we got the money. Can you

make the deposit?

Hello?

Melissa, we were just talking about you.
I brought a little surprise.

Did you get my flowers?

I did.

Thank you so much.

Well, I just thought... Mr. Torres, what
are you doing here?

Oh, well, I work here. You work here?

I don't understand.

Melissa, you work for the airline?

The airline?

It's just in -house counsel for a big
airline. It just wasn't my calling.

And I was so...

Overwhelmed by Jamie's dedication to
you, it so warmed the cockles of my

I was inspired to shift career
direction.

Thank you, Melissa, for both the new
life and the warm cockles.

I was trying to find my way back to
Storo Drive, and I pulled over to ask

directions.

And suddenly, he just jumped in.

Who jumped in?

Him. He told me he had a knife.

And he told me to drive.

Did you see the knife?

No. Okay.

Then after he told you to drive, then
what happened, Jessica?

He reached inside my purse, pulled out
my wallet and my license.

He saw the Beacon Hill address.

He said he wanted some nice Beacon Hill
things.

And he said if we didn't go there, he'd
kill me.

So you drove to your home?

Yes.

He just wanted some stuff to sell to get
drugs.

So I took him in.

He looked around.

Then he said first he wanted some...

Recreation. That was the word he used.

Recreation.

Then... Then he grabbed me.

I tried to scream, but I... Take your
time.

He pushed me to the floor.

And... He pulled off my jeans.

I was saying to myself, Dear God, please
just let me pass

out.

Did you pass out?

And then he was inside me.

He was inside me.

Jessica, at any time,

Did you consent to having sex with the
defendant?

No.

God, no.

Thank you, Jessica.

Jessica, an allegation of rape, that's a
very serious thing.

When you accuse a man of rape, he could
lose his freedom. Does counsel have a

question?

Did you willingly have sex with my
client only to claim rape after your dad

walked in? No.

He forced me.

I see.

And have you ever claimed somebody raped
you before after having... Objection!

Abstain. Cut it out, counsel.

Isn't it true...

You invited my client back to your
house.

No.

It is not true.

And I did not extend an invitation to be
raped.

Nothing further.

That went well.

Jimmy. It might be my imagination, but
when you asked if she'd ever claimed

before... What?

Well, it just seemed that the district
attorney was ready for the question.

He pounced to shut it down.

What do you say?

You might have stumbled onto something.

I wasn't in on it. He just did it. He
pretended to be a representative of the

airline? Yes.

First. Why didn't you stop him? And
second, why didn't you tell me or

I didn't know he was going to do it,
Eleanor. And I didn't tell you to

both him and you.

Jamie, you are a second -year associate.

It is not your call whether to tell or
not on something like this.

The guy went to bat for me.

How? I don't care.

You report to a superior, either me or
Eugene, no exceptions.

Alan, could you come into my office,
please?

Have I been bad?

Oh, God, Jimmy.

Here it is.

What? Page 32.

Victim's father reports two previous
unconfirmed claims of rape.

Investigated... Unsubstantiated.

No arrests made.

How could we have missed this?

It's practically a scribbled footnote.

Look, it notes even the father doubted
the validity of the prior claim.

She tells the father she was raped
twice.

The claims are dismissed.

So she sets it up.

For him to walk in on her.

So he'd have to believe her.

You got fired from your last firm for
embezzling. Allegedly. You threatened

extortion your first week here. That was
an accident. Break privilege, for which

you almost got disbarred. Horseshoes.

Sleep with witnesses. Just the one. And
now I find out you actually impersonated

an opposing party so you could settle a
case.

That's not just fraud. That's probably
criminal.

Alan, look at me.

You are seriously self -destructive.

Isn't everybody?

Look, I adore you. You know that.

But this firm is my life.

I have to tell Eugene.

May I ask why?

He's a fellow partner.

I have a fiduciary responsibility to
him.

And you are exposing him to enormous
liability, as you are Jimmy and me.

Alan, you are an amazing lawyer.

But I don't think it's going to work out
here.

Are you firing me?

I'm going to talk to Eugene.

But... I... But you don't think it's
going to work out here.

The difficult thing about firing him...
Aside from him being your friend.

...is that once again he fell on the
sword for somebody else. This time for

firm as well as for Jamie.

And he did save us from a malpractice
judgment.

and possibly expose us to something much
worse.

Eugene, since I'm his friend, I'm going
to have to let you make the call here.

In the spirit of objectivity, I just
can't bring myself to do it.

Okay.

Eleanor.

In the spirit of objectivity, you're
going to have to deal with Jamie.

She's complicit, too.

All right, Mr. Berluti, you may begin
your defense.

Thank you, Your Honor.

The defense recalls Jessica Palmer.

I'm sorry, Your Honor, but if this
involves a continuation of cross... This

something new.

Well, I'd appreciate a proffer.

Counsel, step up.

What is going on?

Evidence has come to light that Ms.
Palmer has made claims of rape before.

I've read you. You can't get into this.

I can't get into it. None of us will get
into it here.

Chambers.

Her sexual path is off limits. Any
questions relating to her? This goes to

credibility, not her sexual path.

This woman alleged rape how many times?

Two. Both times to her father, who was
dubious himself. You can't say this. I

can't say it? If she goes around
claiming rape... First of all, you can't

these claims were false. And even if you
could, it still falls within rape

shield. False rape accusations by the
victim are not admissible unless a four

-pronged test is satisfied.

One prong being, the victim is the only
prosecution witness, which here she

isn't. We have an eyewitness to the
rape. Her father. It doesn't matter.

I'm not looking to impugn a woman's
sexual past. This is only being

to impeach... I understand.

But there's no impeachment exception.

And even if there were, you have a slew
of problems, counsel.

First, Mr. Webb states the law
correctly.

Your Honor... Second, the victim's
testimony has to be confused or

Hers wasn't. Let me question her. And
third...

You have to file all questions regarding
her sexual past before trial.

You didn't. Because I didn't know.

And whose fault is that? It was in the
file.

Did you read it? They buried it deep in
the file. Barely a footnote. They didn't

want us to find it. But it was there.

Your Honor, come on.

This woman has perhaps falsely claimed
rape before.

How could it be possible that the jury
doesn't get to hear this?

You can write to a congressman if you
don't like the law counsel.

And here, we simply follow it.

Any and all evidence of prior rape
accusations will not be

introduced.

You can't even raise it?

No.

How could this possibly be?

There are specific laws.

Don't I have the right to confront my
accuser?

Unfortunately, not in rape cases.

Look, I know this is unfair.

I don't know what to say.

So what happens next?

We put you up. You tell your story.

Derek.

As entitled as you are to your anger,
you can't let it overtake you in there.

This is important.

Anger is consistent with a rapist.

You need to keep it together.

I'm not firing you.

But if this were a big firm, or perhaps
any firm other than this one, you would

be fired.

You do know that.

What's happening to Alan?

It's Eugene's decision, so he's likely
gone.

Did you hear what I just said?

I did.

Well, do you have a response?

I'm sure I do.

But I'm distracted at the moment.

Could I get back to you?

I have given you an opportunity, perhaps
your last opportunity to account for

yourself.

You need to tell me your thinking now.

Eugene, trust me, if I shared my
thoughts with you, you'd regard them as

disrespectful, rather than a product of
my preoccupation, which I assure you is

all it is.

Talk.

Okay. I went to bed with a lovely woman
the other night. She had an

extremely fetching body, which, believe
it or not, I wasn't aware of

prior to the lovemaking.

The reason for that is she dresses to
desexualize herself.

And that led me to believe...

There's perhaps some dark backstory I'm
not privy to.

I do know she seems sad.

And then it got me to thinking most of
my relationships have been with sad

women.

And I was wondering why. What does that
say about me?

In the end, it always comes back to me.

She picked you up?

Yes. I was on my way home from work.

What do you do, sir? I'm a foreman at a
furniture warehouse.

I was on my way home, walking down
Tremont, and she pulled over to ask me

directions.

Jessica Palmer?

Yes. And then she started talking me up.

Then she asked me if I wanted to climb
in and go for a drive.

She invited you into her car?

I know.

It struck me as strange, too.

Plus, she seemed shy, so what she was
saying wasn't exactly in keeping with

scared -like personality, but that's
what happened.

Okay. So you got in?

Yes. Then she started talking about it
was her 21st birthday and telling me how

she had lived a sheltered life and how
she hadn't lived, how she hadn't done

wild things and stuff like that. And the
next thing, she's invited me back to

her place.

Just like that?

Just like that.

It's the truth.

And you said yes?

Attractive women don't pull over every
day and invite me home.

So what happened after you got to her
place?

We went inside.

She was very forward, sexually.

She said it was like some kind of
fantasy of hers.

She wanted to pick up some guy in her
car and bring him home and make love to

him. And I made some crack like, yeah,
it's my fantasy too.

I mean, she didn't even want to go in
her bedroom. She wanted to make love

there on the floor.

Be wild. Mr. Mills.

This sounds like a very aggressive
woman.

I know. And she had that same shy
demeanor as she had in this witness

It didn't make sense, but that's what
she said.

She wanted to have sex. And we did.

And in the middle, her father comes in
and hits me with a shovel.

And that's what happened.

If God is my witness, that's what
happened.

Problem is, we have another witness, and
he saw you committing a rape. You were

making love, which she consented to.

This woman picks up a total stranger,
drives him to her home in Beacon Hill,

asks him to make love to her.

Yes. You wouldn't go into somebody's
house uninvited, would you, Mr. Mills?

Ever been convicted of a crime, sir?

Ten years ago.

Breaking and entering. That's not who I
am today. Want to solve? I was a kid

back then. I'm a 30 -year -old man now.
I've made a life for myself.

Why didn't you wear a condom?

I didn't have one.

Neither did she.

Gee, that seems odd.

This woman solicits a total stranger for
sex and she's not going to have a

condom?

That's a death wish, isn't it, Mr.
Mills?

Oh, maybe she's got a death wish.

Maybe she has some disease where she
needs to fake it. Move to stripes. Mr.

Mills. What can I say? Mr. Mills, I'll
direct you to answer the district

attorney's question. He asked me if she
had a death wish. It goes to her

disease. Mr. Mills, I sincerely don't
want to prejudice your case.

Members of the jury, there is no
evidence before you concerning the

having a disease.

You are to disregard such rants from the
defendant.

Objection. He's not ranting, Your Honor.
Mr. Belluti, we can stop this

proceeding right now and complicate
everybody's lives.

There are rules of evidence. We will all
play by those rules.

Mr. Webb?

I'm done, Your Honor.

Very wise decision.

Hey. Hey.

Did you fire him?

Don't ask me why, but no.

Maybe you like him. I do not like that
man. It had nothing to do with that.

You fired Jamie?

No.

How you doing, Eugene?

Me? Fine.

What are you doing here?

I just came in for a drink.

I didn't know you'd be here.

I'm here every night and you know it.

You had the discretion to let that stuff
in. Get lost or I'll hold you in

contempt. I'll risk contempt.

That woman cries wolf with rape.

She set the whole thing up for her
father to walk in on.

Prove it in court, Jimmy. My client is
innocent.

You know it.

That's probably why you're in here
getting drunk.

Wrong again. I get drunk every night.

I know you, Roberta.

I know your heart. I know your sense of
fairness.

This is something you can fix. Jimmy,
you are a lawyer appearing before me in

trial. This is ex parte.

After this case is over, if you want to
sit next to me, fine.

We can share a drink.

Who knows? I might even wet your whistle
after. But for now, get your ass off

that stool.

You're a vulgar, desperate woman.

All the more reason to remain a good
judge then.

Now beat it.

You heard the victim.

You heard from an eyewitness who saw the
rape in progress.

The defendant says it was consensual.

Consensual sex does not look like rape,
ladies and gentlemen.

And consider the logic of what the
defendant is asking you to believe.

That Jessica Palmer picked up a strange
man, a felon, in a terrible section of

town, brought him back to her place to
have unprotected sex, all the while

knowing Her father would either be there
or be there shortly.

That really sounds credible, doesn't it?

And what would be her motive for making
this up?

Because rape trials are fun?

The eyewitness was her father, who
basically admitted he went into shock as

as he entered the room. Can we
completely trust his version of what he

saw?

No.

This case comes down to Jessica Palmer's
word against Derek Mills.

Might you be more inclined to believe
her?

Sure. Okay.

But can we know she's telling the truth
beyond all reasonable doubt?

And you want to talk about logic?

My client's prints were all over the
car, all over the house.

He's got a record. His prints are on
file with the police.

He's going to rape somebody and leave
that kind of evidence behind?

He's going to leave his semen there for
easy DNA identification.

Does that make sense to you?

Something's going on here, folks.

The DA asks, what would be her motive to
lie?

We can't know.

We have rape shield laws that prohibit
us from getting into her story.

But let me ask you this.

Does it feel like you've got the whole
story?

Does it?

Are you not going to work today?

I am. I just thought I might hover a bit
this morning.

What are you thinking?

Why does everybody so readily ask that
question today?

It's as common as, how's the weather?

It's cheating.

People should be required to figure it
out.

Has a man ever asked you to disrobe?

I don't mean go to bed.

I mean simply ask you to disrobe from
across the room so he might look at you?

No.

Would you like to be asked that I Don't
know like I said, I've

never been asked Would you like to be
asked

Yes

If you think I'm asking only because you
want me to, I assure you I'm being

genuine.

Would you take off your robe?

How long have they been out?

Almost five hours, which I guess it's
good.

Means they at least got to be asking
questions.

Yeah.

Can I talk to you for a second?

It was in the file that she had claimed
rape before?

So if you had filed your questions with
the court as required, you probably

would have been able to cross -examine
the victim on it. You don't need to tell

me. Okay.

You and I both know the idea that every
defendant is entitled to an adequate

defense is a lie.

Defense lawyers many times barely bother
to meet the client or read the file.

Some even doze doing trials.

Lawyers phone it in all the time.

For it to happen here.

For a lawyer in this firm to be as
blatantly unprepared, court -appointed

not, if we lose, I'll prepare the
inadequate defense appeal

myself.

Yeah.

Okay.

Your jury's back.

Will the defendant please rise?

Members of the jury, have you reached a
verdict?

We have, Your Honor.

What say you?

Commonwealth v. Derek Mills on the
charge of forcible rape.

We find the defendant, Derek Mills,
guilty.

This concludes your service. The court
thanks you.

Security will take the defendant into
custody.

We are adjourned.

Derek.

Derek, look at me.

I will get you out.

Whatever I have to do, I will get you
out.

Where's Jimmy now?

He went home.

He's pretty devastated.

Call him. He needs to get to work on the
appeal.

Eugene, I should have caught this too.

Yes, you should have.

But you're a third -year law student.

He's not.

You're not going to ask me for my
thoughts, are you?

Eugene.

Eleanor said something about me being
self -destructive. It was probably just

conversation filler. I really don't
know.

But I assure you, if I am unwittingly or
unconsciously trying to take anybody

down, it isn't you or this law firm.

You're on my stool.

I'm sorry.

Your ruling was correct.

And any... This was my doing.

I just came to say that.

Now that the case is over, I was...

Wondering if your offer is still good.

I mean, to have a drink together.

The case isn't over.

There's still sentencing.

But I suppose there's nothing wrong in
drinking separately on adjacent stools.

Enjoying the illusion of company, I
guess.

I could use it so could I