All language subtitles for Boston Legal [4x11]

Previously on Boston Legal...

Hello, Jerry.

Lorraine! Hello!

That was mistletoe!

United States Coast Guard auxiliary are
a volunteered component of the coast guard,
no age limit.

Guns?

- Probably depth charges, Denny.
- Let's go.

Where are they off to?

They've gone to join the Coast Guard.

Happens at a lot of firms.

We don't behave ourselves, we'll
never pass the background check.

We'll get in.

Oh, we're gonna be in the military.

Already my penis feels bigger.

- I'm sorry, sir, but you can't�
- Denny Crane, United States Coast Guard.

Sir!

Denny Crane coming through.

Denny Crane, Coast Guard.

Denny Crane.

Walt...

Oh, my God.

Never liked him.

What the hell are you doing?

Denny Crane.

I don't care who you are. You're
contaminating a crime scene.

Penelope.

Denny. Oh, my God, Denny.

Oh, Penelope.

What happened?

I killed him, Denny.

That was off the record.

This woman is represented by
the United States Coast Guard.

What happened?

- We were gardening.
- In January?

Well, we were just organizing where
the vegetables and the plants would go.

We were talking, and then suddenly...

Denny, I don't know what happened, okay?

I just saw this shovel hurtling through
the air in the direction of his head,

and it� it struck him, and then I
realized that the handle was in my hands.

I had swung the shovel.

Oh, my God. I killed my husband.

Are the police gonna arrest me?

Well, how much did you tell 'em?

Everything.

They're gonna arrest you.

- Oh, my God.
- Oh, no, no. No, no.

No, no, it's all right, Penelope.

It's all right. It's okay.

I'll defend you.

I'll get you acquitted.
I'll be relevant again.

We'll have dinner. It's all good.

This is the way to ring in
the new year.

Denny Crane.

Ready for my close-up.

They were out shoveling snow.

And her shovel
accidentally hit his head.

It happens. He died.

Those are the risks of winter.

You know, here we are in the wintertime.

Winter is the cruelest month or series
of months, and how many people must die...

The arraignment's this morning.

I've always wanted this woman, Alan.

To think she's been delivered
to me via her dead husband...

You think it's wise to be giving
accounts to the press, Denny?

Snowballs?

The man slipped on the ice, fell, hit
his head, died. It happens.

It's winter, man.

He went out to get the morning
paper, a big icicle falls off the roof.

He died. It happens.

He was acting depressed...

but who could predict he'd
take his own life with a shovel?

Denny, this is crazy.

That's it exactly.

That's our defense�
temporary insanity.

You can't plead your insanity.

You are nuts.

That's the beauty.

- The arraignment is when?
- 10:00.

I'll go with you.

No, you won't.

This is my case. I'll handle it.

Well, certainly I can second chair.

No.

I don't want your help.
I don't even want you there.

Why not?

Because I don't.

Well, I let you second chair my cases.

You let me sit and watch.

No, I� I'm� I'm
gonna do this myself.

I'll get one of the babies to help me, somebody
who knows their place as a subordinate.

I don't want you
anywhere near this case.

Denny, it's a murder trial.

Thanks. With that tip,
I should be fine.

From here on, I'm flying solo.

Oh, my.

It's very embarrassing.

It's very embarrassing.

Um, why don't you begin by
telling us what's happened?

Okay.

What's happened is, my
husband of 20 years left me.

As you might expect, this wreaked
considerable havoc with my life.

I would like to sue his lawyers because
I believe they caused him to leave me.

Okay, how did they accomplish that?

Well...

he's represented by Bingham, Hooley
and Knapp, that putrid, soulless,

disgusting firm with the
billboards all over town.

Surely you've seen them.

Um,�Is life passing you by?
Is divorce right for you?�

Well, my husband was exposed to
these disgusting, indecent billboards,

and as a result, he decided,
hmm, divorce was right for him.

I...

I want to... get them.

Okay.

Well, uh, let's see.

Every so often, on rare occasions,
an aneurysm can make the head
literally explode, causing bleeding.

My client simply had a shovel
on hand to bury her husband.

They're jewish.

Yeah, I don't know about you, but...

You summoned?

Oh, um, um, Whitney, right?

I need a second chair. You're it.

Don't try and take over.

Do as I tell you.

Just sit back and learn.

Arraignment's in 40 minutes.

Denny.

Well, these are exciting times.

Don't wanna be checked on.

I just came to wish you good luck.

Good. Fine.

Job well done. Feel lucky. Bye.

Bye.

We simply tell her we can't
take the case. That's all.

I don't think that's an option, Jerry.

Shirley assigned us to it.
She must want us to do it.

Do what?

Lorraine. Hello. Welcome.

New year going well? Hello.

Hello.

New year's going very well.
Thank you.

Lips!

I'm sorry?

I beg your pardon.

I'll issue a formal apology in writing.

That's okay.

Maybe you were just remembering
our kiss at the Christmas party.

It was delightful. Wasn't it?

32116, Commonwealth
vs Penelope Kimball

on the charge of murder
in the first degree.

Denny Crane representing
the defendant. We waive...

good-bye, enter a plea of not
guilty due to temporary insanity,

ask at this time for a
change of venue to L.A.

Los Angeles?

It's cold here.

We can go in my jet.

Mr Crane, I would need a
legal basis for a venue change.

Of course.

My client was caught with a shovel
in her hand, standing over a dead body.

My legal basis is Phil Spector.

They don't convict in L.A.

Denied. Let's set a date.

Friday night.

I'll bring the condoms.

You, me and one of the jurors.

Denny Crane. Thank you.

CDs in the lobby.

Thank you. Thank you. Thank you.

They love me, judge.

As do you. I can see it.

Step up, Mr Crane.

This is my courtroom.

Strict.

And this is a murder trial.

I will not be putting
up with this behavior.

Do you understand me?

I do, I do.

When will you be ready for trial?

I'm ready now.

Excuse me?

Facts are simple, so am I.

Let's get this baby tried
before I forget what it's about.

Fine.

Are you serious?

Like he said, the facts
are simple. Let's do it.

Okay.

We'll do voir dire this afternoon.

Trial starts tomorrow.

You are hot.

Chambers?

The marriage was over.

We both kinda knew that.

But?

But the decision to
actually separate, well,

obviously for me
to just kind of snap,

I must have been very angry.

Well, we don't say �angry� in court.

We say �mad.�

I didn't plan to hit him.

I swear, Denny.

I believe you.

You're not a violent person.

You're very tender.

You've been lonely a long
time, haven't you, Penelope?

Yes.

Denny...

he would never even touch me.

That's hard to believe.

You're such a beautiful woman.

He didn't make me feel that way.

That was wrong.

It's okay to cry, Penny.

But not in the courtroom.
I don't want any self-pity.

You need to be strong in there.

Okay.

What can we do...

to make you feel stronger?

All we can really do is meet
with her husband and his attorney

and effect some kind of
satisfactory settlement.

Jerry?

Yes, that's� that
would be good.

What are you thinking about?

Nothing.

Jerry?

I was thinking about my
blurting out �lips� to Lorraine.

I was thinking about how I blurt
things out, kick my leg, purr,

make funny sounds with my mouth.

A neurologist once told me

I might have a mild case
of Tourette's syndrome.

Can you imagine?

Having Asperger's and Tourette's?

We all have something, don't we?

I feel so...

I don't know...

undignified sometimes.

Jerry, hundreds and hundreds of
thousands of people have tourette's.

There's nothing undignified about it.

Personally, I find your
various tics quite endearing.

You know, Katie...

you really are a special person.

Kidding.

I heard the arraignment went...

well.

I'm meeting with a client.

She was weak, Alan, vulnerable.

She needed to bone up
on the trial. So I just�

This is a first-degree murder trial.

I know that.

Are you even remotely prepared?

Of course I am.

Denny�

Now don't start.

I know what you're doing with these
silly sound bites, be it on suicide...

He was sad.

...fallen icicles...

It's dead of winter, man.

- ...the coast guard...
- We're practically in.

...propositioning the judge.

- She's so hot.
- Stop it.

You're trying to have the first laugh
on yourself so when others snicker,

as they no doubt will, you can pretend
they're laughing with you instead of at you.

But they will be laughing
at you, Denny.

The media attention that will go
with this case will be very unkind.

Never mind that you could
lose your perfect record.

This could tarnish that which you cherish
and revere beyond anything else� your legacy.

As desperate as you are to be in
the game again, you're not up to this.

Appreciate the candor.

I have no doubt it comes from love.

Now if you'll excuse me,
I have a trial to prepare.

- Denny�
- Get out.

This is my office.

Four years, I sat around, watching
you have your day in court.

Well, I want my day.

And you once had
your day, and now�

I am not over!

Maybe� maybe� maybe
I can't do it all the time.

But every once in a while...

I can rise up.

And I will rise up here.

And for you not
to be on my side�

You can accuse me of many things,

but not being on your
side isn't one of them.

I'm afraid for you.

I don't wanna...

see you get hurt.

I'll be fine.

And I don't want you
anywhere near this case.

Oh, what the hell?

Ritual.

I like to wear my waders
the night before a trial.

Empowers me.

How's your opening statement coming?

All done.

Powerful.

Oh, just so I don't feel like
an idiot, what's the plan?

Mad cow.

I mean, temporary insanity.

I got my expert all lined up.

She'll examine our client.

Anything I can do?

Just watch and learn from the master.

Gotta pee.

Evidence will show that Penelope
Kimball was the only one there.

We will introduce the defendant's
own admission that she killed him.

We'll establish motive in that the
victim was planning to leave her.

Evidence will furthermore establish that
the defendant has no history of any
mental or psychological disorder.

In short, the facts will show that this
was just a good old-fashioned murder.

Denny.

I've listened to the DA's opening, and I'm
thinking, why the hell didn't I plead this out?

Am I insane?

Or is Penelope Kimball insane?

Which is it, her or me, me or her?

Can't be sure, can we?

That's reasonable doubt.

Denny Crane.

The fun starts now.

Wait a second.

You're suing me for representing him?

Well, your involvement goes a bit
further than representation, Mr Gould.

Your billboards actually induced
Mr Winston to leave his wife.

Are you seriously blaming the
demise of a marriage on a billboard?

Why would you pay thousands of dollars
to put them up if you didn't believe
they'd be influential?

- This is silly.
- Is it?

The billboards led him to your web site.

You then set him up with a relationship counselor
who concluded his marriage wasn't working.

Something tells me those
conclusions are in the bag.

One could say a bit of
brainwashing goes on.

One could.

One could never prove
that in a court of law.

Mr Gould, let's face it.

Those ads are sleazy.

This gives all lawyers a bad name.

First I'm responsible for
the breakup of a marriage.

Now I'm to blame for
lawyers having a bad name?

You want to pin global
warming on me next?

My husband is a very susceptible person.

You influenced him.

I don't want to be with you, Mary.

- They've convinced you of that.
- No.

I've been profoundly
unhappy, even depressed.

Maybe they just made me face up to it.

No. No.

We should go.

When I arrived, the first thing
she said was she killed him.

She just admitted it.

Could you describe
Mrs Kimball's demeanor?

She was very upset.

But she was certainly coherent.

She wasn't crazy or erratic
or out of her mind or anything.

Who called the police?

She did.

So she wasn't trying to
get away with anything here.

No. Like I said, she just admitted it.

So you say she was upset.

She was, in fact, grieving
for her husband, was she not?

She seemed to be, yes.

So she hits him on the head with a
shovel and then is upset that he's dead.

Sounds crazy to me.

Does it not to you?

Gardening is my sanity.

It's my release.

And I went there to just sort of plan in my
head where I'd like to plant which vegetables.

I always get this calm when...

Anyway, Walter came out.

We started talking.

It was rather civil, actually.

Then he started giving
me his little suggestions

as to where the turnips should go

and the brussels sprouts and
where the light hits best,

and I started getting... angry.

Mad.

Here he is, leaving me, and
still he's exercising control.

I mean, the man left me so alone for so
long, all I had at times was my garden.

And he's exercising dominion over that.

And I remember feeling
my face get very hot,

really, really hot.

And he kept talking and talking
and telling me what to do, and...

suddenly I saw the head of a
shovel hurtling through the air,

and it struck him.

It hit him right on the
head, and he went down.

And I followed the shaft
of the shovel back to...

my hands.

I killed him.

- You were suddenly crazy.
- Objection.

- Suddenly insane.
- Objection.

- Suddenly single.
- Ob�

Penelope, did you make a decision to hit
your husband on the head with a shovel?

No, I swear.

Suddenly it was just...

in motion. It just happened.

It also just so happened the very week
you decided to separate, you killed him.

I just snapped.

Were you getting therapy or any
kind of medical treatment prior to
your whacking him on the head?

No.

So basically you were sane in
the morning, sane in the afternoon,

and you just took a brief time-out in between
to be crazy and kill your husband?

Objection.

Sustained.

If you were divorced, I take
it you'd each get half, right?

Yes.

But with him dying, you get it all.

Not if I'm convicted of killing him.

Oh, so you checked that
out, huh? Good for you.

- Objection.
- Sustained.

Actually, if you get off on the grounds of
temporary insanity, you would get it all.

I mean, you wouldn't be disqualified.

So it'd all work out
for you, wouldn't it?

- Objection.
- Sustained.

Nothing further.

Look, I can certainly say she was
in a compromised mental state,

but whether it rose to the
level of legal insanity�

I don't think you understand, doctor.

Unless you can say she was
temporarily insane, we don't win.

Mr Crane, you hired me to give
you an objective diagnosis.

- Like hell.
- Denny.

There's a $25,000 check right
there for your testimony.

If you can't say she was
insane, you don't get it.

Denny.

My testimony cannot be bought,
Mr Crane.

That money will go to an
expert witness who can say that

Penelope Kimball did not understand
the nature and quality of her actions
when she swung the shovel.

Are you that expert?

That's the $25,000 question.

She's suffering from perimenopause.

This is the period a year to
two years before menopause.

Can it affect her mind?

Oh, boy.

We're gonna need something
more clinical than �oh, boy.�

Uh, basically the ovaries make
erratic amounts of estrogen.

It can render the brain completely
at the mercy of hormones.

She says she made no conscious
decision to swing the shovel.

Possible?

That's an extreme case,
but it's entirely possible.

Did you examine her?

I did.

And when she says she has no
memory of picking up the shovel

and deciding to swing
it, do you believe her?

I do.

My opinion is, her actions here were...

not voluntary.

How long have you treated this woman?

I just examined her twice, but I reviewed
the records of her internist, her ob-gyn.

How likely, honestly, doctor, is it for
perimenopause to render a person homicidal?

Extremely unlikely, but it's possible.

Plus there's no evidence
she was homicidal.

She delivered a fatal
blow to a man's head�

But possibly without
intent, since�

She has no history of
any mental disorder�

Nor do many suffers of perimenopause.

The neurotransmitters are in flux.
- It just seems like a very convenient time
for someone to lose control, swing a shovel...

- ...there is no typical perimenopausal syndrome.
- Which just happened to solve a lot of problems for her.

All right!

Well, somebody doesn't like to lose.

Objection.

How are we doing?

Well.

Uh, we had a conference with
the husband and his lawyer.

- Good.
- They laughed and walked out.

Not good.

- So we filed a complaint.
- Good.

And they're bringing an
immediate motion to dismiss.

Not good.

Jerry's going to argue.

What was that?

You're just nervous.

I've never done that before.

I think you should argue.

I would, but I haven't the
slightest idea what I'd say.

Katie, until I get these strange
tics of mine under control�

I could be wrong, but it seems if you refuse
to argue, you'd be letting the tics control you.

It's lawful for attorneys to advertise.

That's all I did.

Divorce is a growth industry.

Over half of marriages dissolve.

I'm simply appealing to that market.

The personal injury lawyers
are everywhere with their ads.

�If you've been hurt, call
1-800...� whatever.

Why is what I've done any different?

This case should be summarily dismissed.

And I ask that the plaintiff
be ordered to pay the costs

and attorney fees of
this frivolous action.

I still remember the first time
I saw �to kill a mockingbird.�

Watching Gregory Peck
as Atticus Finch...

I thought, wow, to be a
lawyer, what a noble thing.

How far we've slid.

But this...

I realize, your honor, we're
hardly a moral society anymore.

We derive hundreds and hundreds of billions
of dollars in revenue from pornography,

gambling, tobacco, illegal
drugs, prostitution.

One major american city
actually markets itself

to tourists as the place
to come to commit adultery.

�What happens in vegas stays in vegas.�

So what's the big deal about
a few distasteful attorney ads?

Well, a lot.

What does it say when
the officers of our court,

the players in our justice system,
overtly embrace sleaziness?

I realize we can't all be noble, but what's
truly sad is that integrity, dignity�

they aren't even goals
we aspire to anymore.

These ads cheapen and
demean the legal profession.

They did great damage to Mary
Winston, whose marriage ended,

in part as a result of
Mr Gould's influence.

It's wrong, your honor.

And if you allow us to have our day
in court, I think a jury might agree.

I come in peace.

How's the trial going?

You tell me.

You don't think I know
you're sitting back there?

- Denny, I just�
- I-I-I know it.

How am I doing?

You're doing great.

I think you actually
have a chance of winning.

Who's doing the closing?

I am.

Do you know what
you plan to say?

No.

Can I help?

I'm sure you can, but, uh...

As much as you're determined to fly
solo, there's a woman whose life�

I-I-I know that.

It's just� I'm� I'm
working on this myself.

And if I need any help,
I'll� I'll ask you for it.

Okay.

Denny, you've been
doing a fabulous�

- That puts pressure on me!
- Sorry.

I'm here if you need me, and...

not if you don't.

Thank you.

How's he doing?

He's in the game.

Imagine if we gave every
woman going through menopause

or perimenopause a free
ticket to kill somebody.

That's basically what
the defense is suggesting.

Nowhere anywhere in the scientific community
has anybody likened perimenopause to insanity.

It's ridiculous.

Ask the husbands.

Mr Crane.

Married six times, judge, four
of them wanted to kill me.

He thinks this is amusing.

Spousicide is anything but.

Six people are murdered in this country every
single day by spouses or intimate partners.

This is hardly the type of crime
or trial we should shrug off.

Don't any of you dare shrug this off.

She delivered a brutal, fatal blow
to the back of her husband's head.

It was an unprovoked,
voluntary attack.

She had no history of any
mental disorder whatsoever.

She was caught holding
the shovel in her hand.

He was leaving her.

A divorce would have meant a
forfeiture of half of her assets.

She had an emotional motive, she had
a financial motive, and she confessed.

What more do you need?

You're fine.

I-if you're convinced beyond
all reasonable doubt that

my client voluntarily and with malice
aforethought killed her husband...

then you should convict.

But, uh...

you simply cannot
be convinced of that.

This woman had no history
of violence or crime.

Clearly she didn't plan this.

There are� there are better
ways of getting away with murder

than hitting somebody on the head
with a shovel in broad daylight.

Mr Swarthmore says that she was
caught with the shovel in her hands.

That's� that's not true.

She called the police.

He says she confessed. That's not true.

She admitted to swinging the shovel,
but she never confessed to intent.

She had and still has no
memory of deciding to do it.

And even if she really had planned to
kill her husband using insanity as a ruse,

don't you think she would've manifested some
symptoms beforehand to set up the defense? No.

When you consider all the circumstances of
this, the most likely conclusion has to be...

she simply snapped.

As for perimenopause
inducing insanity,

we never said that it caused
prolonged dementia and delusions.

We're saying that it triggered a flash of
violence, an impulsive, involuntary reaction.

You heard Dr Rosewell.

There is documented, objective proof
that her estrogen levels were spiking.

The prosecutor has offered no doctor to
rule out what we said because no doctors can.

Nor can you.

The reality is, there is no
reason for Penelope Kimball

to pick up that shovel and swing it.

It makes no sense.

The only explanation is...

in an instant, in an impulse, she...

lost herself.

I said at the beginning, �the
fun starts now.� There's no fun.

A man has lost his life, an innocent
woman is faced with losing hers.

No intent. No malice aforethought.

And even if you should somehow believe
otherwise, you cannot be so convinced...

beyond all reasonable doubt.

You simply cannot.

Lawyers can advertise now.

I'm not a fan of it, but it is
permissible for them to do so.

And, Mr Espenson, let's face it, with
the proliferation of law schools,

the shady and disreputable are
members of our brethren for good.

But as low as the bar has been set, these
billboards seem to slither right under it.

It's one thing to bottom-feed with personal
injury cases and divorce cases and the like.

It is quite another to be proponents of
divorce then steer clients in that direction.

The institution of marriage already
has enough trouble without your help.

I'm letting this case go to a jury.

Thank you, judge!

I beg your pardon.

I don't know what to say.

I am so grateful.

You were brilliant.

- Brilliant!
- Brilliant!

Kidding.

May I say something else, Jerry?

I thought your argument was
eloquent, a model of dignity

and a noble example of what every other
attorney should aspire to live up to.

Thank you.

- Not to mention brilliant.
- Brilliant!

Brilliant!

Where's Penelope?

Bathroom.

Denny, that closing was superb.

Really?

It was fantastic.

I didn't think this case was winnable.

But you just gave that
jury a lot to think about.

Jury's back.

Evidently they think quickly.

You go. Just come back and tell me.

I don't think I can.

Let's go.

Okay, I will remind everybody
we have three counts.

Let's keep the decorum until
all three verdicts are read.

Will the defendant please rise?

Mr Foreman, what say you?

�In the matter of the Commonwealth
of massachusetts vs Penelope Kimball,

�on the charge of murder
in the first degree,

�we find the defendant not guilty.

�On the charge of murder
in the second degree,

we find the defendant not guilty.

�But on the charge of manslaughter,
we find the defendant...

not guilty.

Oh, my God.

Ladies and gentlemen of the
jury, thank you for your services.

Keep it civil. Can you do that?

Give us a little space.

Hang on there just a moment, will you?

One� one question at
a time. I'm only human.

Actually, I'm not. I'm Denny Crane.

Reasonable doubt for a reasonable fee�
that's a Denny Crane promise.

Hold 'em off for a second, will
you? I need a moment.

Be right back, folks.

How we doin'?

Doing fine. Why wouldn't I be?

No reason at all.

The press is waiting.

This is not just a great day
for justice and Penelope Kimball,

but for gardeners all across
this country, when you think of it.

There are democrats at
this very moment out there

who are sponsoring legislation to impose
waiting periods on sharp-edged shovels

and spades under the misguided
notion that shovels kill, not people.

Alan...

I wasn't sure I'd ever have
a moment like that again.

What a moment it was.

And to think you wanted to
prevent me from sharing it.

Here we go.

You look ridiculous in
that disguise, by the way.

I'm glad you were there.

Of course you are.

Go ahead.

I know it's coming. Go ahead.

Sleepover tonight?

Did it ever occur to you that
after a victory like that,

I might qualify for
some serious sex tonight?

That I'm not offering.

Maybe with Penelope.

Maybe the judge. Did you
see the look she gave me?

She gave you several looks.

But, Denny, a day like this truly needs to
be savored in the company of a best friend.

Which would be you.

Which would be me.

Which would be you.

I was something, wasn't I?

Denny, you are always something.

I don't want this day to end.

Neither do I.