Original subtitles

Previously on The Practice.

I may have to set the nun killer free.

What?

Warrantless search.

Stupid police mistake.

Oh, God.

Maybe I should just look the other way. The police were required to have a

warrant to search that closet. They didn't get that warrant. As a result,

everything in that closet is inadmissible. If a convicted felon locks

woman... Reason says those police officers should go in and investigate.

The search of the closet was illegal.

The contents are inadmissible.

He is free to go.

I'm leaving any second. When? As soon as Bobby gets here. Would it be so

terrible if you had to blind date without us? Yes.

All right.

You could have been here a half hour ago.

I think he's here now. Bobby!

Hurry up. Goodbye.

Bobby, you're late.

Helen's mad at me now because... Bobby?

Bobby? Funny.

It's not funny.

You've reached the law offices of Donald Young Dolan. Please leave a message and

we'll get back to you. Thank you.

Where the hell are you guys?

This guy's in the living room eating guacamole. He's as funny as a heart

I'm dying here. I'm dying.

Lindsay, are you here?

Oh, my God.

Oh, my God.

Lindsay.

None. One,

two, three.

Move it. She's in VVIP. Charge the paddle 200 joules.

Clear.

Got a pulse. Normal sinus rhythm.

Muffled heart sounds. We may have a tamponade. Give me a syringe.

Here.

You ready to crack your chest?

Scalpel.

Where?

Still in surgery.

Is she?

I don't know anything.

What happened?

She said none.

None? She just looked at me and she said none.

The aorta was punctured. We think we've repaired it, but the next 24 hours,

we'll know.

Know what?

She went through a lot of punishment.

It's amazing that she even made it here.

Where is she?

She's in ICU.

Can I see her?

Okay.

Can she hear me?

It's possible, but I want her to stay calm.

I can tell you're here.

Lindsay, it's me, Bobby.

Ellen's with me, too.

You just hold on.

You're going to be fine.

You just hold on.

We'll be right here when you wake up.

We'll be right here.

Is this an evidence?

They got all they needed.

Eugene, Bobby's gotten Raymond this morning on Watson, the carjacker murder.

I'll do it.

I'll get the friend.

Excuse me. Sorry.

No change, Bobby?

No.

You got the Watson file?

Bobby, I thought I'd take it.

I can do it.

Yeah, but do you think under circumstances maybe I... I'm fine.

I can do it.

Every nun that works in that church, bring them all in. Helen.

She said nun.

We don't know. Lindsay freed the nun killer. Now she gets stabbed by a nun.

going to play a hunch and say it with somebody that works in that church.

Get every one of them in here for questioning.

Look, we could question them there. I want them here. I want it in our

I want them sequestered from each other.

If we bring them here, it's custodial. Do you want to be reading Miranda to 50

nuns? Yes. Go get them.

3 -2 -6 -2 -3, Commonwealth v. Joseph Watson, second -degree murder.

Bobby Donald for the defendant, Your Honor. Wave reading.

Curtis Simmons for the Commonwealth. We'd be opposing bail. My client isn't a

flight risk.

Safety risk.

This is the first time he's ever shot anybody.

Allegedly. I'm denying bail.

Defense asks for a probable cause hearing.

This afternoon?

Fine. I'll see Mr.

Donald in chambers.

How's she doing?

She's still in critical condition.

And you?

I'm fine.

Do you think maybe we could get somebody in your firm to handle this case?

I'm fine. It's a good distraction.

Yes, and you look distracted.

Do you know what you just said out there?

This is the first time he's ever shot somebody?

That's not good defending talk.

Why not take a few days and do what?

Would you sit next to her bed?

Yeah, I can't do anything for her there it

I'm fine

It's me.

The doctor is saying that you're doing good.

Lucy's here.

You've been talking to her.

Well, I've been afraid to since everyone says I'm annoying.

Eleanor's coming in after lunch.

Her parents just left.

Just keep getting better.

She's not dying. Get out. Get out. She's not dying. Bobby, it's me, Patrick.

I'm sorry.

I thought... I know, all right.

I understand.

Are you okay?

Hail Mary, full of grace, the Lord is with thee.

Blessed art thou amongst women.

Blessed is the fruit of thy womb, Jesus.

Holy Mary, Mother of God, pray for us sinners now and at the hour of our

Amen.

Amen.

Evidently, the police are on a major nun roundup as we speak.

You'll recall Lindsay Dole was the attorney who secured the freedom of

Kingston, the man accused of murdering and mutilating Sister Caroline Oaks. Ms.

Dole has apparently identified a nun as her attacker, and the police think the

two cases may be connected.

How did this nun know Lindsay would be working late alone? I didn't tell.

I'm not accusing you of telling.

I'm asking a question.

Can't anybody ask a question around here without people getting all defensive?

Why is everything an attack?

Well, good to see you don't get defensive.

Hey, know what? I don't know. Let's not be biting each other's heads off,

please. I'm not biting heads. I ask a simple question, and Lucy gets all

defensive. You're accusing me because we're spending money.

Cut it out.

Suspect matched the description.

We detained him. The defendant?

Yes. We found articles belonging to the victim in his pocket, so we placed him

under arrest for murder.

Write him his rights.

Brought him down to the precinct.

Did he ever ask for his lawyer?

He barked out he was entitled to a phone call to call his lawyer.

Told him he could make that call when he got to the precinct. Did he make that

call? I believe he did.

He left a message on the lawyer's machine.

Thank you. Did you have occasion to question the defendant?

Yes, I did.

During which interrogation he confessed to killing Jennifer Lyman, the owner of

the vehicle.

He just confessed.

That's correct.

Did he hand you a cookie with this confession?

Objection. Sustained.

He never asked for his lawyer during the interrogation?

No, he did not. Did you know he had called his lawyer?

No, I did not.

You didn't know when you walked into the room to interrogate him that he had

made a call to his lawyer?

I was told he was thinking about contacting a lawyer, that's all.

So what did you say when you walked in? Did you say anything with respect to his

hiring a lawyer?

I said he was free to bring in an attorney and... of course, legally

to, but that he also might want to consider talking to me without one.

Why? Basically, I convinced him that with cooperation comes my recommendation

for leniency.

We talked a little bit more on that, and then he decided to speak with me

voluntarily at that time without an attorney present.

And it was in the course of this voluntary discussion that... He

killing Ms. Lyman.

Thank you.

Your Honor, at this time, the defense moves to suppress my client's statement,

Sixth Amendment right to counsel.

Or an argument tomorrow, two o 'clock.

But the whole weekend?

What about coming back a little early?

I just don't feel right being away right now. She's in critical condition.

You're right.

I understand.

Anything I can do, Jimmy?

Just pray, I guess.

But the rest of us... It's okay.

The doctors say we should know something soon, but I don't know. You get nicked

in the heart, you can't...

What?

Jimmy, are you okay?

What?

Oh, I was just thinking about something the doctor said.

That's all.

Are you all right?

Yeah, I'm just... This is all kind of stressful, you know.

At the risk of seeming completely insensitive, my mother told me that the

my father's father died,

He was so despondent that all she wanted

was to take his mind off it, even if it were just for a minute or two.

And when all else fails... I'm not in the mood for that right now.

I am.

Why are you doing this here?

I convinced him to do it all at once. There's no room in the police station.

If this isn't a major civil rights violation... Go kill yourself.

It isn't custodial counsel.

Any one of them is free to leave. In which case, you told them they'd become

suspects. Which just means more business for lawyers like you. You should be

thanking me, you scum -sucking... Helen.

Helen. This is Father O 'Brien from the Archdiocese. Hello. Why did you come to

rescue one of your nuns before we can throw her in jail?

Helen.

I can go to hell.

I don't care.

One of their nuns stabbed Lindsay. I need you a second in private.

Remember the... You told me you

thought Judge Kittleson was a psycho. Though I don't think she is, but that's

what you said, remember?

Yeah, why?

Do you really think she's crazy?

I don't.

But maybe I'm too close.

It was hard to see straight when a woman's got your... Never mind.

Jimmy, what's going on?

I'm sure this is nothing.

But I found a picture in her office.

It was of you and Lindsay.

And Lindsay's face was all scratched out.

A picture?

Of me and Lindsay?

Taken on the street somewhere, like you were being stalked.

I'm sure it's nothing, but...

I can't get a warrant on that.

She's crazy.

She's obsessed with me. You don't know that. I do know it. Go to the magistrate

in Middlesex. Drunk Harry gives out warrants like gum.

Come on, you're the lawyers. We haven't got cause here.

I heard her tell me she planned to kill Lindsay.

What? In chambers. She said it. There's your cause. Go get the warrant.

Nice try, Bobby.

We've got the boyfriend, Jimmy Berluti, coming forward implicating her. That's

cause. He didn't really implicate her. Yes, he did.

Right, Bobby?

Right. Go get the warrant.

What happened? She's okay. Let's go. Hold on. I said let's go. Listen to me.

looks worse than she is. Something went wrong with her breathing, but it...

Where's the doctor?

She's out in the hall somewhere, but I have the information.

I want the doctor. Okay.

Okay.

She went into respiratory distress.

Basically, her lungs crashed, but they're inflating now.

Why isn't she waking up?

The doctor said that I was just going to take some time. It's been 24 hours. Why

isn't she waking up? Bobby, why don't you just sit with her? No, I'm in court.

I'm in court, and I got to... I'm in court. Eleanor, would you excuse us for

second? I'd like to talk to her. Yeah, fill me in on the master plan behind

one. Eleanor.

Don't talk to me. I will talk to you.

You sat by your mother holding her hand.

Didn't work for her, so... I didn't ask you to come help me through this. Of

course not. You go through everything alone, don't you? Why don't you go find

somebody who needs your help?

You really love her, don't you?

Why would I ever tell you?

You just pass it on to God and he'd kill her.

You believe that God kills the people you love.

That's your theory.

That's my history.

Fine.

But she doesn't need a fat old priest holding her hand right now.

She needs you.

Your Honor, we have a warrant to search your house. If you'll excuse us, please.

Check every closet, under every bed. What in God's name is this?

Step aside, Your Honor. What are you looking for?

Evidence in connection with the attempted murder of Lindsay Dole. What?

On what basis do you get such a warrant?

Your Honor, if you'll just cooperate, we'll do this quickly.

This is preposterous, Your Honor. I know she is your roommate, Miss Gamble, but

that does not give you the right... Detective!

Oh, please!

Read her her rights.

Your Honor, if you'll place your hands behind your back. You are making a big

mistake.

You have the right to remain silent.

Anything you say can and will be used against you in the court.

You have the right to talk to a lawyer and have him present before and during

all questions.

Roberta.

I am innocent.

I didn't ask.

What was with the nun suit?

It was a costume.

I was going to wear it to some Halloween party, disguised as a prude.

I...

Nothing too relevant. A manuscript for a novel she started had some pretty

kicking burgers in it. Stabbing? Yeah, but, Helen, there was no physical

evidence. What about the little nun outfit?

Says it was for a costume party. Should we wear it to any party? Not that we

could confirm.

I think this woman's really crazy, Mike.

I wouldn't go to an arraignment with what we have so far. Keep looking. I'll

push the arraignment to tomorrow.

You're doing good in half an hour. I think I'll take it.

No, I can't.

Bobby. I can do it. You see, I said I can do it.

Why isn't she waking up?

You said 24 hours. It's been way more than 24 hours. Why isn't she waking up?

Mr. Donald, sometimes guests of this hospital need to be reminded that

guests.

You, um, you had an accident, but you're going to be okay. You just had an

accident.

You're in the hospital?

Yeah, I'm right here.

And, um, and Eugene's here, too.

Oh, that was a doubt.

Some guy's doubting me.

Yeah, yeah, but...

You said none.

It was... It was like I had none.

Did you see

his face?

No.

But I saw his hands.

And he was so strong.

He couldn't have been a woman.

Sweetheart. Sweetheart, are you...

Don't try to move. Just rest, okay?

That's right. That's right. You just... You just rest.

I love you.

I love you.

Oh, Kingston.

What?

The nun.

And then...

He's got a barricaded door. You'll have to break it down. We will. Mike's going

to go get Lindsay's statement first. It's the only way we can get a warrant.

she okay?

I think so. The guy she put back out there, can you believe it? Come on,

Because of her, he walks and she... We'll get him. We'll get him, Bobby.

worry.

Okay, ma 'am.

Here you go.

I'm sorry.

I saw the picture of Bobby and Lindsay with their face all scratched. My brain

just started going sideways.

He asked... For his lawyer.

No, he said he wanted to call his lawyer. There's a difference.

What difference?

We have no evidence that he wanted to engage the legal services.

No, he was calling him to ask the price of fresh fruit.

Come on, Mr. Simmons.

Even if the court wants to conclude he asked for an attorney.

The court does.

He did not have an attorney.

He was not represented by counsel.

He'd only left a message on a machine.

As soon as he asked for his lawyer... This man was not interrogated. Not

interrogated? Detective Smiley said it would be better to cooperate.

He never denied him the right to a lawyer. He didn't push forward with

questions. All he said is it might be better for him to talk without a lawyer.

And at that point, Mr.

Watson agreed.

It doesn't matter that he agreed. Why not? Are you suggesting he's not free to

change his own mind?

That's exactly what I'm suggesting.

Once he asks for his lawyer... Counsel, your client is a career criminal. One

could argue he knows how these things go.

You're saying he lacks the right to change his mind and waive counsel?

Yes. Once a suspect asks for his lawyer... You sound like a broken

law is a broken record. Don't you get that, you idiot? Hey! Bobby! The law

once he says, I need a lawyer, or I want one, or I think I want one, it's game

over as far as the police goes.

They don't even get to say hi. How's it going?

Why? Because we don't trust the police not to interrogate, and we don't trust

these suspects to know what the hell is going on. They're stupid.

We don't give them the right to waive counsel because they're so stupid they

would. They're scum with third -grade educations. They kill people and laugh,

and the courts are here to protect them at all costs. Counsel?

We don't care about the victims.

They're dead already.

We come in here worrying about the Constitution and the rights of these

-dead pieces of crap because they're what this system is all about. All

Bobby. Now, you may not like that, but that's how it works. We need to protect

these asses. And his Sixth Amendment rights were violated here.

So as a matter of law, we need to put him back out there so he can go shoot

somebody else.

Which is what you're going to do, right?

Tell the judge you need to go out and kill somebody because you're running

behind schedule. Bobby, no!

We need to protect the Bill of Rights.

We need to protect the Bill of Rights.

This is as far as you go.

This guy has a gun fetish, remember?

Police officers, can we come in?

Do you know why you're dying?

You stabbed the wrong girl.

Can you hear me, Mike?

You know why you're dying?

Helen.

My God.

What, does he just collect them?

So he had another one? If you waited another day to regain consciousness and

him, she could be dead, too.

Hey, babe.

Hey.

You look great.

Hey, a tape came with these.

What is it from?

It doesn't say.

I'll take it in. It's probably from my parents.

I thought it was Kingston.

Seems so.

The only thing is this last girl he kidnapped, it was the same day of your

assault, and she doesn't think he ever left the apartment.

So maybe it wasn't him? Well, she can't be sure he didn't leave, and we think he

must have.

Hello.

Heard you were feeling some chest pains, Lindsay.

I simply had to extend my good wishes.

Whenever I hear of somebody getting stabbed, my head just goes to that poor

Susan Robin girl.

So young to be losing her head.

Anyway, hope you're feeling better.

Kisses to Bobby.

And to Eleanor.

Why doesn't she ever work late?

I'll bring him in for questioning. It isn't Joey Herrick. He just can't resist

the game. That's all it was about. I don't like him knowing about Susan

What is that about? Everyone knows about Susan Robin. It was front page news.

What's your theory, Helena? Joey Herrick killed Susan Robin?

He's always had some sort of special hatred towards Eleanor. Eleanor dated

George Bolverman. Maybe it's about framing George. That's a bit of a chess

isn't it? Who's the sickest chess player we know?

Look, if Joey has a special hatred toward me, why did he stab Lindsay? I

know. Like, any of this is supposed to make sense?

We're dealing with a psychotic. So what are you going to do now? Get another

warrant? Knock down Joey Herrick's door?

Shut up, Eugene.

What if Michael Kingston didn't do this?

We just assassinated the guy. Oh, yeah. An innocent man. All he did was kill a

nun.

I'm bringing Joey in. I suggest you find George. If Joey did frame George, maybe

he saw him that night.

Hillary's back with her ruling.

What?

It's just a theory.

Why would he want to frame me? I don't know.

Maybe he knew you'd come running to us.

Maybe he thought that you and I were still dating. I don't know.

Doesn't make sense.

Look, George, you know, some murderers want to be caught by specific people.

And Joey Herrick, he is this narcissistic, sick...

Look, I don't really think he's the one who

stabbed Lindsay, and I don't think he's the one who killed Susan Robin, but

stranger things have happened. And God knows he loves seeing us spin, which

we're certainly doing now.

Here's a picture.

Did you see anybody that night who looks like him?

Well, his face looks familiar, but...

It's probably from seeing him in the news when you guys were defending him.

George, you have got to think back to the night that Susan Robin was murdered.

You didn't see anyone like him?

I don't think I did, Eleanor.

It seems silly.

A suspect can't change his mind.

Here, the defendant was given his rights. He wasn't coerced or beaten. He

decides he'll cooperate.

But the law says too bad. Once he asks for counsel, the police can't even ask

him what he wants for dinner.

And without the confession, this man walks.

Because they've got nothing else.

A month ago, I was faced with putting a nun killer back on the street because of

a bad search.

Though I recognized the absurdity of the application of the Fourth Amendment in

that instance.

I was the good judge.

I followed the law.

Set the man free.

And... Two nights ago, the lawyer who championed both him and the Fourth

Amendment, it seemed he stabbed her.

The way we keep putting them back out there.

It takes a brave judge to look...

beyond the horror at hand and nevertheless cling to the principles of

Constitution, principles we proudly live by in this room.

I, um... I'm afraid I'm not that

brave any longer.

If you see the street again, Mr. Watson,

It'll be through the appeals court. You won't get there by my gavel.

The motion to suppress is denied.

The defendant will stand trial.

Adjourned.

We just found the weapon.

What? In a dumpster behind Michael Kingston's apartment.

And Joey Herrick?

Says he was on a date. We're trying to verify.

I think Eugene's right. He's just having some fun with you.

I gotta find Helen.

Kingston?

Unless Joey planted the knife.

I never ruled him out, Eugene.

It wasn't Joey Herrick.

I might as well go home and burn my robe. It was within your discretion.

Hey, these laws don't get revisited higher up unless some superior court

forces the issue.

How are you doing?

I'm fine.

You were booked on a homicide, Roberta. Don't tell me you're fine.

I'll be in my chambers.

You don't ever want to be appearing before me, Counsel.

Please, get out. I never really thought you did this, Your Honor. I simply had

to recognize that... That you couldn't be certain I didn't. Well, sometimes

people react bigger to things when emotions are running high.

This was a friend of mine who got stabbed.

A dear friend.

You, you might be somebody that I've fallen in love with.

A little.

So just the idea that you might not be the person I thought you were, it made

have this big overreaction.

I don't know how to say how sorry I really am.

Trust me, whether you are able to convey your sorrow here is completely

irrelevant.

Please leave.

I don't want it to be over between us. It is.

Whatever you believe, Jimmy, believe that.

I'd feel better if they at least found Kingston's prints on a knife. It was

Lindsay. You can relax.

You really okay?

Yeah. I think I'm just tired from all the visits, you know, from my parents,

everybody from the office.

Joey Herrick.

I guess that's my cue to leave.

Take care.

Thanks, Father.

Yeah.

Thanks. You take care, too, Bobby.

I will.

Father? Kiss my ass.

Excuse me?

I read in the paper your little quotes, what you said to the archdiocese.

Oh, Father, I was acting out. I thought a nun had... She's my best friend, my

roommate.

Look, I'm Catholic.

With Catholics like you, who needs Protestants? Oh, now, that's a soundbite

tolerance. Helen. Maybe you could kiss my... Helen!

Come on.

How are you doing?

I'm fine.

Um... Listen, I've been waiting all day to be alone with her. What, you want me

to leave?

Yes. Well, I won't.

Helen. No, I've hardly seen her at all. It's not like you two can do anything.

She has tubes all over. I want to talk to her.

Well, then talk to her. There's nothing you can't say to her in front of me.

There are some things.

I'm not leaving. Say what you gotta say. Make it quick. I'll cover my ears.

All right.

Do you mind?

Sorry.

Marry you?

These past two days, I realized that I can't live without you.

Bobby, marriage is probably not something you should decide in the heat

crisis. If there's anything that this crisis has taught me, it's that I want

grow old with you.

And I want you to grow old with me.

Quiet. Sorry.

You want to think it over?

Yeah.

I think you should.

Okay.

I thought it over.

Yes.

Really? Really. Really?

Bobby, that's not how it works.

Please can you leave now? Not a chance.

Just ignore her, Bobby.

Oh, I almost forgot.

I got this for you.

Oh, Bobby.

It's so big.

Quiet.

Look away.

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