All language subtitles for the_practice_s08e10_equal_justice

Ah, Mr. Shore, thank you for coming.

Whatever it is, I didn't do it.

From what I've been told, you probably
did.

Have a seat.

There's a rumor going around.

Underneath that slick surface, there's a
heart of gold.

Completely untrue.

I got a 19 -year -old kid scheduled for
a murder trial tomorrow.

He's just fired his sixth attorney an
hour ago, and he's decided to represent

himself. In my sense, he hires and fires
lawyers to buy himself time, and he's

successfully done that up till now.

That trial will go forward tomorrow.

Are we getting to the part that involves
me?

I'm assigning you to be shadow counsel.

I've had very little criminal
experience, Your Honor. Well, you're

more. Nine o 'clock.

I'd love to accommodate you, but
actually I'm starting another trial

morning, so... Who's the judge?

Okubo. Ah.

Only thing you need to know about the
Honorable Amy Okubo is that I've got

seniority on her. You'll be in my
courtroom at nine. She's ordered no

continuances. Nine o 'clock, Mr. Shore.

All right, Your Honor. Let's cut to it.
I couldn't possibly try a case in your

courtroom.

Because?

I'm attracted to you.

In fact, I'm obsessed with you.

I'm afraid my lust would inhibit my
ability to fairly represent my client.

You're attracted to me.

Yes.

Could you lean forward a bit?

You are a very supple man.

And a clever one.

Capable of feigning an attraction for a
judge just to get yourself off a case.

Nine o 'clock.

I will be getting myself off.

I assure you.

Nine o 'clock.

Shadow counsel?

The problem is I'm already scheduled for
trial before Judge Okubo, who will be

anything but pleased.

Well, what do you want me to do? Try to
get a continuance, which won't be easy.

And then there's the client himself, Mr.
Tang Jing Yu.

Tang Jing who?

Tara knows the case.

She'll go with you. Just try and get it
pushed to next week. I'll really

appreciate it.

What?

Tang who?

Hello, Marshal. I'm Alan Shore.

I'm representing myself.

That's what I told her. I understand,
but she asked me to be shadow counsel,

which basically means I see to it that
you screw yourself over a little less

rather than more.

So, what's wrong with all these
attorneys you've been firing?

They keep asking me to plead out, which
I don't want to do.

Fair enough.

You're alleged to have shot and killed
somebody.

Did you?

Yes. In front of an eyewitness?

Yes.

This would explain why the lawyers were
suggesting a plea.

Look, Mr... Sure, but you can call me
Michael.

You said your name was Alan.

Excellent. You pay attention.

This will help.

Listen closely, Marshall.

After just a cursory view of the facts,
my guess is you'll be found guilty. If

you insist on representing yourself,
it's over.

Then I have to fire your ass soon.

It may shock you to learn I make for a
better lawyer than your average 19 -year

-old crackhead. I could be wrong.

If you don't want to plead, fine, don't.

But if you're going to go to trial, use
a trained professional.

Don't be a complete idiot. It's beneath
you.

What happened, Shore? Mr. Shore got
pulled in on an emergency matter. We're

going to try to push your case until
next week. I don't anticipate that to be

problem, but then... You sure not care.

That's not true, Mr. Tang.

Mr. Shaw cares very much. No one cares.
People think big joke.

Mr. Tang, I know that you know that I
care.

Shaw think joke.

Look at me.

We will get the continuance.

And everything will be fine.

Are you kidding me? This case is marked
no further continuances.

Your Honor, we are ready. But Mr. Shore
was suddenly called in on a homicide. I

do not care where Mr. Shore is. I am
angry about where Mr. Shore isn't. This

matter has been on my docket for five
years. I understand that. But Alan Shore

is the fourth attorney of record.

Following Robert Donald, Lindsay Dole,
and Rebecca Washington, you now make

number five.

I don't enjoy lawyers playing turf ball
in my court. That's not going on, I

assure you.

Judge Robbins ordered him to shadow
counsel on an... Judge Robbins does not

control my courtroom.

Your Honor, we're just stuck in the
middle here. This is a two - or three

trial, Max, and it's a stupid case to
begin with.

Not stupid.

Object.

Mr. Tang, the court respects your right
to have your day in court, so I'm giving

it to you right now.

Your Honor... You either say, ready for
trial, or we dismiss this complaint.

Your choice.

Ready for trial.

What happened now? There is no reason to
panic.

Case not know.

I'm sorry?

You, case not know, up creek.

Mr. Tang. Case not know, male puppet.

Excuse me? I think that he means
malpractice.

His English isn't very good.

Five years.

Mr. Tang, I will be there every step.

I promise.

Excuse me one second, sir.

Do you think you could possibly try
this?

Me? But I'm not even a member. Third
-year law student with supervision can

But that's criminal level.

I will be doing it with you, and the
judge will sign off. Tara, he's right.

With me, it's up creek.

You know the medicals. You've researched
the law. You seem to have a good

connection with the client.

tried a case before.

Ever.

Everybody has a first time. Look, you
are up to speed here. I am not. Just get

us through the day and then maybe Alan
can take over.

The evidence will show that once the
drug deal went bad, the defendant drew a

weapon, .38 caliber revolver, and fired
three shots into the victim, killing

him. You'll hear from an eyewitness who
saw Marshall Bagnell commit this crime.

You'll hear from an expert in ballistics
who will tell you that the bullets

retrieved from the victim's body match
the gun found later in the defendant's

possession. And after all this evidence
is presented, it will be established

beyond all reasonable doubt that
Marshall Bagnell committed murder.

Good morning, ladies and gentlemen.

Your Honor.

Mr. Shore.

I was drafted for this trial, much like
all of you were summoned for jury duty.

And my reaction was, damn it, I have
better things to do than sit around in a

courtroom all day.

Show of hands, how many of you felt
burdened by... Objection.

Counsel. But then I found out it's a
murder trial.

And part of me went, oh, boy, inside,
because murder trials, they can be

How many of you went, oh, boy?

Objection. Mr.

Shore. And the great thing about this
particular murder trial, there's no real

tragedy. The victim was a drug dealer.
My client is a drug dealer. One is dead.

Another we can send to prison for life.

It's a win -win.

So let's sit back, relax, enjoy
ourselves, shall we?

One low life down, one to go.

That concludes my opening statement.

How am I doing so far?

Mr.

Shore.

Yes. I'm Tamara Bagnell, Marshall's
mother.

Ah, very nice to meet you.

Was that sexual?

My son is on trial for his life, and
your opening statement... Miss Bagnell,

assure you I have a plan here.

Which is?

Okay, I lied. I don't have a plan, but
I'm forming one.

Nobody slaps me twice, Miss Bagnell.

At least not on the face.

I will make the evidentiary objections.

All you need to do is ask him what
happened.

Don't lead.

Just basically say what happened next
and let him tell his story. Okay. And

don't move around a lot, Tara. Just
plant your feet and stay still.

Why? Because we want the juror's eyes to
be on him as he testifies. His story is

basically our whole case. Your moving
around could be distracting.

Now, if he starts to get too hot, which
is a very likely possibility, you may

have to calm him down a little bit.

I have a bad feeling.

Mr. Tang.

You just need to relax.

Tara will basically ask you what
happened.

Just tell the jury in your own words.

A few bars might help.

What? Nothing.

Make fun I talk.

You do have an accent, Mr. Tang, so
please try and speak slowly.

If you need to ask a question twice,
don't be afraid to.

You can do this.

I'm ready.

They got into an argument over the
price. The price of the cocaine?

Yes. I mean, I really wasn't paying
attention. I was watching television,

the next thing I know, he's got a gun.

The defendant?

Yes. He pulls out this gun, and he's
screaming, and I think, okay, now it's

robbery, you know, that he's just going
to steal the stuff outright.

What did you do here?

I basically just started screaming, you
know, that he's got a gun, and that's

when Brian went for his gun.

And that's when it happened.

He shot him three times.

He just killed Brian right there.

Now, Andrea, this is important.

When did Brian get his gun in relation
to when... I just said that Brian got

gun after that man pulled the gun out on
him.

And before Brian could even get his gun,
he just started shooting.

It's a miracle he didn't kill me, too.

Then he just took the stuff and left.

Thank you, Andrea.

Drugs are a horrible thing, Andrea.
Wouldn't you agree?

Yes.

Do you ever use them?

I wasn't using that night, if that's
what you're going for.

My capacity for observation was perfect.

That's a legal term. Are you a lawyer,
Andrea?

No.

Oh.

Have you by any chance spoken to a
lawyer before testifying? Say, a

attorney? Objection. I'm merely trying
to establish that you put words in her

mouth. Objection. Sustained. Andrea,
there were drugs on the premises that

night, weren't there?

Obviously. And since you were there on
the premises, what were you watching, by

the way?

Joe Millionaire.

Ah, figures.

And since you were present with these
drugs, you were exposed to criminal

charges as well, weren't you?

Might have been nice to have something
to offer the police, I bet. Something

like, say, testimony. I'm telling it
like it happened.

What was your relationship with Brian
the drug dealer?

He was my boyfriend.

Your boyfriend?

Brian the drug dealer was your
boyfriend?

Yes. Well, you didn't establish that.

That might make you biased.

I'm telling the truth.

You said that you weren't using that
night. You do use, though, don't you,

Andrea?

Recreationally, occasionally.

Ever get arrested?

Once. For using or dealing?

Dealing. Oh, so you're a drug dealer,
too.

Well, tell me. With Brian dead, do you
pick up his business?

Objection! I'm sorry, Your Honor. My
client wants to know. He needs a new

connection.

Mr. Shore, will you step up here,
please?

Is this the way you defend your client?

It is, Your Honor.

Pull over. Get gas.

Need pee.

You needed to pee?

Yes, long drive.

Need pee.

Okay, sir, can you tell us what happened
next?

Bathroom painted.

Men say, be careful.

Flesh paint on wall.

Advise not go in.

But you did.

Objection. Leading.

Can you tell us what happened next, sir?

Need pee bad. Go in anyway.

And then what happened?

Sit on toilet.

Do business.

Then decide have cigarette.

Long drive.

Need relax.

Go left off! Explode!

What happened to you, sir?

Knock. Unconscious.

Bottom buttocks. Bottom. Burn.

Red. Raw.

Low skin bottom. Burn. Let raw.

Were you taken to hospital? Yes,
hospital. Bottom burn, red roar.

You must have been... You must have been
terrified, sir.

Not funny.

Blow off toilet bowl.

Not funny.

I am so, so sorry.

I think that I was just so anxious to
begin with that bloody accent.

And the nature of the accident, I
just... The jury now thinks it's a big

Tara.

This man had third -degree burns. He has
waited five years to get into court.

And his own lawyer has likely caused the
jury to completely trivialize this

matter. Now, you know that I never
intended...

Mr. Tang,

I am so...

So sorry.

I deeply apologize.

You trying to get me convicted? I
promise you I'm not. You said I need a

connection? What's up with that? Calm
down, Marshall. I was merely trying to

demonstrate to the jury that I don't
like you.

You see, they don't like you.

You shot somebody three times. They
naturally consider you despicable. So by

showing them I find you despicable, it
makes me more relatable to them. It

me some credibility.

So when I say at the end of all this,
find him not guilty, I might have a

of convincing them.

I'm a human being, Mr. Shaw.

No, you're not. You're a drug addict.

You'll testify next.

Then I'll call character witnesses.

You just need to do as I tell you,
Marshall.

Nothing more.

And tell your mother to stop hitting me.

She was right about us arguing over the
price.

He wanted way too much.

One and a half the street value.

So you shot him?

We got into a yelling match. We both got
a little hot. So you shot him?

I didn't just shoot him.

Well, tell us what happened, sir. But if
you don't mind, just fast forward to

the good part.

I just said that's it. I wanted to call
the whole deal off.

That's when he pulled back his jacket to
show that he was packing.

Packing.

For those of us who don't carry a
firearm, packing means he had a gun.

And at some point, did you show him that
you were packing?

Yes. I pulled out my gun to show him
that, you know, I wasn't intimidated.

And I saw his eyes flash and he pulled
his gun. And it wasn't just to show me

had it. Now, he drew.

So I pointed my gun at him and yelled,
don't.

But his gun is in his hand about to
point it at me, about to shoot me.

So I figured, you know, either I shoot
or I'm dead.

So I shot.

I fired three times real quick and he
went down.

He drew his gun.

Yes. If I hadn't fired, I'd be dead.

Did you know that Brian, the drug
dealer, was suspected of murdering

before? Objection. The victim had never
been charged in any homicide before, and

counsel is... Rephrase. Did you know
that Brian, the drug dealer, had never

actually been charged with shooting a
woman twice in the head, blowing...

Objection. The victim was briefly
investigated in a drug -related killing,

that is all. He never became the actual
suspect, and I object to this blatant

distortion of the facts.

Can't we all just get along?

Mr. Shore.

What, if anything, did you know about
Brian the drug dealer? I have to ask it

like that, but please, get in what I
want you to get in.

Objection! Mr. Shore!

There was a rumor that he had capped a
girl doing a drug buy. I know that.

you.

That wasn't so hard, was it?

How many times have you been arrested,
Mr. Pagnol?

Five or six.

Actually, it's seven.

You brought a concealed weapon to this
drug transaction?

Yes, because sometimes stuff goes down
like it has now.

I need to protect myself. Oh, you need
to protect yourself.

Objection. There's no call for sarcasm,
Your Honor.

Sustained. You didn't report this
shooting, did you, sir? You fled the

I figured his girlfriend would report
it. But if you were innocent, if it

were self -defense, why run away?

It was a drug deal.

Yes, a drug deal where there was a
dispute over price.

Now, you had argued with the victim
before over price, hadn't you, sir? He

gouger. But this time, you'd had enough.

You went carrying a gun. You shot him
three times. In self -defense.

Objection. Did he ever fire at you?

No, but what am I supposed to... And you
didn't wait, did you, sir? I would have

been dead. So many questions.

May I ask a question? I forgot one.

You were advised, were you not, sir, not
to go into the bathroom?

Not advice on explode.

Advice on paint.

You can't read English, Mr. Tang. Yes.

Did you see the signs that said no
smoking?

No. You didn't see any of the post -it
signs?

No. Is that a truthful response, sir?

Yes, true.

Why not object badger? I'm not trying to
badger you, sir. Did it not occur to

you, smoking a cigarette, lighting a
match at a gas station, that this could

dangerous? People smoke in bathroom all
time.

They do?

Yes. Place to relax, go pee, lose pants,
smoke.

But you knew, sir, that this bathroom
had just been painted, that there could

fumes inside.

Now you expect boom like that?

Bottom burn, red roar, explode anus.

You don't accept any blame for this.
Badger, why not object male puppet?

Look, she laughed and made joke.

Male puppets. Male puppets.

Mr.

Tang. Mr.

Tang. Not fair.

Not fair.

Mr.

Tang. Not care.

What happened now?

Well, we go to closing arguments.

Defense not put case?

The defense rested, evidently believing
that we didn't make our case.

Sometimes that's employed as a strategy.

This must be very difficult for you, ma
'am. Your son on trial for murder.

It is.

I'm sure you must feel, as many of us
do, it's all your fault.

You were never home.

I had to work.

He never knew his father. You have to be
somewhat to blame for that.

How about his probation officer?

Ever meet with him?

No. Ever get your son into any kind of
drug rehab program?

We didn't have money for that.

I tried to do all I could.

Move to strike.

Counsel. I note he got thrown out of
school his sophomore year. Why?

Drugs.

Did his principal come by to explain?

No. It was zero tolerance. He just got
expelled.

He sounds like an awful child.

Just between us.

Glad to be rid of him.

That's quite a look you're giving me.
Tell me, have you ever shot anybody?

Thank you.

I thought that went well. What are your
thoughts?

I need help.

Take it easy.

Don't get off.

Marshal, I won't stay in the room with
you if you're going to beat me up.

Can we have a conversation without you
beating me up?

Yes.

I need you to promise.

I promise.

Let him up.

Are you sure?

My clients hit me all the time. Let him
up.

Let's go.

Thank you. Please go.

It's all right.

Marshal, at the very beginning of this,
I asked you to trust me. Did I not?

No.

I didn't?

I meant to. I'm sorry.

You're supposed to be my lawyer.

You're supposed to do everything you
can. You're supposed to care.

I am your lawyer.

Trust that.

In open court?

It's not funny, Jamie.

Look.

These things, sometimes they happen. It
happened twice.

Jamie, could you excuse us, please?

I want you to close.

Excuse me? Good or bad, you have the
relationship with the jury here.

It would throw them if I suddenly got
up.

Do you think you're capable of standing
up and behaving like a professional?

Yes.

Thank you.

I'm not doing this for you.

I just believe it's best for the client
if you dig yourself out of your own

hole.

Don't want her clothes. My puppet.

Mr. Tang, the jury might be confused if
I got up.

She'd think he's funny. Elk Creek, no
ping pong.

I think he means paddle.

Ms. Wilson, are you ready?

When I began law school, I was convinced
that American juries would be

negatively predisposed against my
British accent.

So I learned to speak American.

The thinking being that the better the
jurors related to me, the better my

chances of persuasion.

And let's face it, Americans are pretty
arrogant about the English language.

They expect the rest of the world not
only to learn it, but to speak it the

they do.

Chen Jingyu doesn't speak English very
well.

He even sounds a little funny.

Combine his accent with the fact that he
got blown off a toilet.

I laughed.

Maybe some of you did as well.

But what's not so damn funny is that
this man was hurt. He suffered third

-degree burns.

He's scarred for life.

Is he partly to blame? Absolutely. He
should not have been smoking.

But the question is, who is to blame
more? Is it foreseeable that people

in lavatories? Of course it is. People
smoke in bathrooms, in high schools, on

aeroplanes, in gas stations.

And knowing that this sometimes goes on,
you do not put flammables in a toilet

bowl.

To do so, that is negligence.

And as amusing as it all may be, as a
result of this negligence,

an innocent man was injured.

He waited five years to get to trial,
only to be laughed at by his own lawyer.

This man suffered real pain.

And he deserves better.

He knew the room had just been painted.

He was told not to go in.

The no smoking signs were posted. The
room had fumes. And still,

he lights.

A match.

He caused this.

He blew up my client's bathroom, and
he's suing.

Come on.

That may not technically be a legal
argument, but let me say it again.

This was his negligence, not ours.

And you know that.

The question...

is a simple one, really.

Is it foreseeable that someone might
light a match and drop it in a toilet

If no, fine for the defendant.

If yes, fine for the plaintiff.

I don't know whether you saved yourself.

But that was a good closing, Tara.

It was simple and persuasive.

You did a very good job.

Thank you.

Can we talk?

You heard Andrea Mills' testimony.

There was a dispute over price.

The defendant pulled his gun and he
fired.

You can't claim self -defense, ladies
and gentlemen, if you cause somebody to

reach for a gun only so you can then
blast him.

That's ridiculous.

Now, to be honest, I don't know what the
hell defense counsel is up to in this

trial. I suspect all that nonsense was
motivated by the fact that Mr. Shore

he had no case.

The defendant pulled a gun in front of
an eyewitness and shot somebody. What

could his lawyer really say or do? So
Mr.

Shore tried to deflect attention onto
himself.

But this isn't about a lawyer's antics.
We are not in this room to enjoy defense

counsel's sideshow.

We are here because his client...

Committed a murder.

A man is dead.

At the beginning, you heard me mention
that I was assigned this case. We have

this pro bono program because somebody
has to be here for the guy.

See, that's where our judicial system
actually exceeds real life. In here,

somebody's got to be there for the guy.

In life,

Marshall Bagnell never met his father.

His mother worked full time, leaving him
home alone all day. He got involved

early in drugs. There was nobody there
to get him in treatment.

His parents, his teachers, school
principals, probation officers, people

with a responsibility of caring for him
a little, they didn't.

And he became a drug addict.

Now, I'm not going to stand here and ask
you to care for him, God forbid.

But what I will ask is for you to
recognize that life hasn't been very

Marshall Bagnell.

The irony is, by pulling that trigger
three times, he gets thrown into a

that's required to treat him fairly.

He gets a right to a fair trial.

And if you afford him that right, he
must necessarily be found guilty. Not

guilty.

The supposed eyewitness admitted she was
watching television.

Her own words.

She wasn't looking at the men at the
time my client drew his weapon. She told

you that. She did not see.

Now, what she did see supports precisely
what Marshall told you. The victim was

going for his gun. At that point, my
client could only shoot or be shot.

That's self -defense. That's classic
self -defense.

And think about it.

If Marshall Bagnell wasn't acting in
self -defense, why did he not shoot

Mills?

Why did he leave behind this eyewitness?

Perhaps because she wasn't about to
shoot him.

Of course, you could choose to ignore
all this simply because you don't care,

not only about Marshall Bagnell, but
also about the law you swore to uphold.

Swore to because what we do pretend to
care about is the integrity of this

system.

We do believe in that cherished notion
of the fair trial. We are fiercely loyal

to the ideal that a prosecution must
satisfy its burden of proof. They

done that here.

As dearly as we'd all love to send Mr.
Bagnell to prison, we cannot know for a

fact that the victim, a drug dealer,
rumored to have killed somebody before,

didn't draw his gun to shoot first. We
cannot know beyond all reasonable doubt

that Marshall Bagnell didn't fear for
his life.

And if he did reasonably fear for his
life.

If you believe it's possible that he
feared for his life,

you must find him not guilty.

Unless, of course, you don't care.

63 ,000?

We could get more, but we could get
nothing.

I think it's a decent offer. Clearly you
were hurt, but just as clearly there

was contributory negligence.

What think?

I think we should take it.

What think?

I believe that we should accept as well.

Okay.

Okay. I'm going to accept that.

Okay.

This is a good result, Mr. Tang.

Okay.

Thank you for closing.

I owe you a sincere apology.

Give already. Thank you.

Appreciate closing.

People laugh at me always.

One reason I angry.

Apologize for anger.

You don't need to apologize for
anything.

Not well, Puppet.

Thank you.

How long do they usually take?

There's really no telling. The judge
will probably keep us here until six.

Look, I'm sorry I jumped you.

I see now you kind of had a strategy.

Why didn't you just tell us what it was?

Takes the fun out of it.

I suppose I should thank you and all.

Well, I'd prefer money.

You're a big fraud, you know that?

You do care about my son.

You're not fooling me.

Jerry's back.

What does it mean that it's so fast?

It's usually a good sign when you win,
not a bad one when you lose.

I want a second, Marshal. Hang in there.

Members of the jury, have you reached a
verdict?

We have, Your Honor.

The defendant will please rise.

What say you?

In the matter of the Commonwealth v.
Marshall Bagnell on the charge of murder

the first degree, we find the defendant,
Marshall Bagnell, not guilty.

In the matter of the Commonwealth v.

Marshall Bagnell on the charge of murder
in the second degree, we find the

defendant, Marshall Bagnell, guilty.

Ladies and gentlemen of the jury, you
are dismissed with the thanks of this

court.

Security, take the defendant into
custody.

We are adjourned.

We'll explore grounds for appeal,
Marshal.

Marshal, look at me.

There's still some things we can do.

We'll explore all grounds for appeal.

Marshal, I'll let you know, okay?

Marshall, I'll come visit you tomorrow.