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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,366 --> 00:00:02,500 DONNELL: Last season on "The Practice" 2 00:00:04,833 --> 00:00:06,366 We need to talk, Clarice. 3 00:00:06,400 --> 00:00:08,133 There's a restraining order. 4 00:00:08,166 --> 00:00:10,000 You just screwed up. O'MALLEY: I promise. 5 00:00:10,033 --> 00:00:11,800 I'm not here to cause anybody any harm. 6 00:00:11,833 --> 00:00:13,466 I just need to talk to her. 7 00:00:13,500 --> 00:00:15,066 Get out before I throw you out! 8 00:00:15,100 --> 00:00:16,766 O'MALLEY: You're in danger, Clarice. 9 00:00:17,466 --> 00:00:19,033 He is coming for you. 10 00:00:19,066 --> 00:00:20,300 Only I can save you. 11 00:00:20,333 --> 00:00:22,400 Why don't you go on ahead without me? 12 00:00:22,433 --> 00:00:24,300 (gunshot) Lindsay! 13 00:00:24,333 --> 00:00:26,066 (gun shots) 14 00:00:26,100 --> 00:00:28,866 WALSH: She just shot him dead in cold blood. 15 00:00:28,900 --> 00:00:32,300 This was first-degree homicide. 16 00:00:32,333 --> 00:00:34,333 We've heard testimony of another client 17 00:00:34,366 --> 00:00:35,800 who terrorized your wife. 18 00:00:35,833 --> 00:00:37,000 What happened to him? 19 00:00:37,033 --> 00:00:37,900 He was killed. 20 00:00:37,933 --> 00:00:39,066 WALSH: He was murdered 21 00:00:39,100 --> 00:00:41,166 and you were arrested for conspiracy 22 00:00:41,200 --> 00:00:43,266 to commit murder. I was acquitted. 23 00:00:43,300 --> 00:00:46,233 WALSH: I smell a pattern, threaten Lindsay Dole, 24 00:00:46,266 --> 00:00:47,300 you get killed. 25 00:00:47,333 --> 00:00:48,433 Objection! 26 00:00:48,466 --> 00:00:50,333 GAMBLE: Lindsay killed an unarmed man. 27 00:00:50,366 --> 00:00:53,266 The burden of an excuse is on you. 28 00:00:53,300 --> 00:00:56,266 DONNELL: None of us think of you as a murderer 29 00:00:56,300 --> 00:00:58,433 because you're not. I was there. 30 00:00:58,466 --> 00:00:59,533 I saw it. 31 00:00:59,566 --> 00:01:01,640 You snapped. 32 00:01:01,673 --> 00:01:03,006 Okay. 33 00:01:03,873 --> 00:01:07,273 When he came, I knew it was probably him, 34 00:01:07,306 --> 00:01:09,139 but I opened my door anyway. 35 00:01:09,173 --> 00:01:10,906 I wasn't gonna be a victim. 36 00:01:11,606 --> 00:01:12,773 It was my house. 37 00:01:12,806 --> 00:01:14,806 And after you opened the door? 38 00:01:14,840 --> 00:01:16,240 I killed him. 39 00:01:17,473 --> 00:01:18,406 WEST: Madam foreperson, 40 00:01:18,440 --> 00:01:20,606 the jury has reached a unanimous verdict? 41 00:01:20,640 --> 00:01:22,906 WOMAN: We have, Your Honor. WEST: What say you? 42 00:01:22,940 --> 00:01:26,806 WOMAN: We find the defendant, Lindsay Dole, guilty. 43 00:01:26,840 --> 00:01:29,773 (indistinct chatter) 44 00:01:48,940 --> 00:01:52,873 (music playing) 45 00:02:11,646 --> 00:02:13,280 They're bringing her in. 46 00:02:20,613 --> 00:02:23,313 MAN: Commonwealth versus Lindsay Dole, sentencing. 47 00:02:35,846 --> 00:02:36,980 Mr. Walsh? 48 00:02:37,446 --> 00:02:38,480 I have nothing, Your Honor, 49 00:02:38,513 --> 00:02:39,646 other than to remind the court 50 00:02:39,680 --> 00:02:41,046 that the crime for which Ms. Dole 51 00:02:41,080 --> 00:02:42,046 was convicted is murder. 52 00:02:42,080 --> 00:02:44,413 The taking of human life is not only an act 53 00:02:44,446 --> 00:02:47,013 against that life but a crime against law, 54 00:02:47,046 --> 00:02:49,213 humanity, the Commonwealth, 55 00:02:49,246 --> 00:02:51,113 and we feel that the statutory sentence 56 00:02:51,146 --> 00:02:52,413 is appropriate. 57 00:02:54,880 --> 00:02:56,113 Mr. Young? 58 00:02:59,180 --> 00:03:01,920 Your Honor, we would ask the court at this time 59 00:03:01,953 --> 00:03:04,886 to convert Ms. Dole's conviction from first-degree murder 60 00:03:04,920 --> 00:03:06,220 to voluntary manslaughter. 61 00:03:06,253 --> 00:03:07,820 The Commonwealth opposes. 62 00:03:07,853 --> 00:03:10,520 YOUNG: You have before you the psychological examinations 63 00:03:10,553 --> 00:03:13,320 done by both the Commonwealth and the defense 64 00:03:13,353 --> 00:03:15,853 which all conclude that Ms. Dole's state of mind 65 00:03:15,886 --> 00:03:17,320 was severely compromised 66 00:03:17,353 --> 00:03:19,520 at the time she committed this crime. 67 00:03:19,553 --> 00:03:22,386 The court can also take judicial notice of the facts. 68 00:03:22,420 --> 00:03:24,886 Ms. Dole did not act with any aforethought. 69 00:03:24,920 --> 00:03:26,486 There was no premeditation. 70 00:03:26,520 --> 00:03:28,653 Her own husband was in the line of fire. 71 00:03:28,686 --> 00:03:31,353 Now, while the jury was certainly free to reject 72 00:03:31,386 --> 00:03:33,153 the defense of legal insanity, 73 00:03:33,186 --> 00:03:36,253 Ms. Dole's actions just as certainly fall 74 00:03:36,286 --> 00:03:38,320 within the scope of heat of passion. 75 00:03:38,353 --> 00:03:41,586 A killer came to her door, threatened her, 76 00:03:41,620 --> 00:03:42,753 and she reacted. 77 00:03:42,786 --> 00:03:45,353 Your Honor, can and should find that Ms. Dole 78 00:03:45,386 --> 00:03:47,620 committed her act while under the influence 79 00:03:47,653 --> 00:03:50,420 of extreme mental and emotional disturbance 80 00:03:50,453 --> 00:03:53,220 for which there was a reasonable excuse. 81 00:03:53,253 --> 00:03:56,320 This fits the classic definition of manslaughter, 82 00:03:56,353 --> 00:03:58,520 not murder one, not murder two, 83 00:03:58,553 --> 00:04:00,260 but voluntary manslaughter. 84 00:04:00,293 --> 00:04:03,926 Accordingly, this verdict is contrary to the evidence. 85 00:04:03,960 --> 00:04:06,493 It is contrary to the law, 86 00:04:06,526 --> 00:04:08,193 and I would respectfully request 87 00:04:08,226 --> 00:04:11,026 that you adjust the verdict to the appropriate degree. 88 00:04:15,426 --> 00:04:18,560 The jury heard testimony of how Ms. Dole threatened 89 00:04:18,593 --> 00:04:21,293 to kill the victim the very day of the shooting. 90 00:04:21,760 --> 00:04:23,293 Those were her words. 91 00:04:23,326 --> 00:04:25,826 The jury heard Ms. Dole's voice on the phone 92 00:04:25,860 --> 00:04:28,493 evidencing a calm demeanor, 93 00:04:28,526 --> 00:04:30,460 no passion whatsoever, 94 00:04:30,493 --> 00:04:32,493 seconds before the shooting. 95 00:04:32,526 --> 00:04:35,926 Personally, I've never even seen a manslaughter with a gun. 96 00:04:35,959 --> 00:04:39,193 Manslaughter is usually a fist, a vehicle, 97 00:04:39,226 --> 00:04:40,960 a fight, sometimes a stabbing. 98 00:04:40,993 --> 00:04:43,526 But when a woman walks from her door, 99 00:04:43,560 --> 00:04:45,060 retrieves her purse, 100 00:04:45,093 --> 00:04:47,726 retrieves a handgun from within that purse, 101 00:04:47,760 --> 00:04:50,626 shoots the man who is still standing by the door, 102 00:04:50,660 --> 00:04:52,326 that's not manslaughter, 103 00:04:52,360 --> 00:04:55,660 and I will remind the court of something you already know, 104 00:04:55,693 --> 00:04:58,493 you are not entitled to simply substitute 105 00:04:58,526 --> 00:05:00,666 your judgment for that of the jury's. 106 00:05:00,700 --> 00:05:03,166 You can only override the first-degree conviction 107 00:05:03,200 --> 00:05:05,466 if you find there is no reasonable basis for it. 108 00:05:05,500 --> 00:05:08,633 Here, you cannot make such a finding. 109 00:05:09,033 --> 00:05:12,300 As such, I respectfully request 110 00:05:12,333 --> 00:05:15,733 that you allow the jury's verdict to stand. 111 00:05:20,200 --> 00:05:23,933 WEST: Ms. Dole, do you have anything you'd like to say? 112 00:05:31,533 --> 00:05:34,133 I would like to express my condolences 113 00:05:34,166 --> 00:05:35,900 to the family of Lawrence O'Malley. 114 00:05:35,933 --> 00:05:39,200 I would also like to assure the court 115 00:05:39,800 --> 00:05:42,566 the lack of remorse I seemingly demonstrated 116 00:05:42,600 --> 00:05:44,766 in my phone call to the police that night... 117 00:05:47,133 --> 00:05:49,900 was more a product of my shock 118 00:05:49,933 --> 00:05:52,900 than the person I think and hope I am. 119 00:05:53,900 --> 00:05:55,700 I took a human life. 120 00:05:55,733 --> 00:05:57,800 I had the opportunity to retreat. 121 00:05:57,833 --> 00:05:59,066 I didn't do so. 122 00:05:59,100 --> 00:06:02,540 I accept responsibility for a homicide conviction. 123 00:06:02,573 --> 00:06:04,306 I committed a homicide, 124 00:06:05,073 --> 00:06:07,506 but given my shock, and my fear, 125 00:06:07,540 --> 00:06:09,740 and the underlying trauma 126 00:06:09,773 --> 00:06:13,040 I was experiencing from past assaults against me, 127 00:06:13,073 --> 00:06:15,806 I feel my judgment and state of mind 128 00:06:15,840 --> 00:06:17,340 were compromised. 129 00:06:17,973 --> 00:06:21,506 And that the crime I'm guilty of is more consistent 130 00:06:21,540 --> 00:06:23,540 with voluntary manslaughter. 131 00:06:26,873 --> 00:06:28,306 Thank you. 132 00:06:32,440 --> 00:06:37,240 (music playing) 133 00:07:22,246 --> 00:07:23,780 WASHINGTON: Did he say when he would rule? 134 00:07:23,813 --> 00:07:24,880 DONNELL: No. 135 00:07:24,913 --> 00:07:26,846 It's good that he took it under advisement. 136 00:07:26,880 --> 00:07:29,546 DONNELL: But bad he wouldn't let us call witnesses. 137 00:07:29,580 --> 00:07:31,146 What is with the heat? 138 00:07:31,180 --> 00:07:32,280 You said it was being fixed. 139 00:07:32,313 --> 00:07:33,146 It is. It should. 140 00:07:33,180 --> 00:07:35,146 What the hell is wrong with it? 141 00:07:35,180 --> 00:07:36,613 Do I look like a plumber? 142 00:07:36,646 --> 00:07:38,480 A plumber fixes water, Rebecca. 143 00:07:38,513 --> 00:07:39,346 Tell me you didn't know that. 144 00:07:39,380 --> 00:07:40,513 You want to get off my back, Ellenor? 145 00:07:40,546 --> 00:07:41,613 What happens when your toilet clogs, 146 00:07:41,646 --> 00:07:42,613 you call an electrician? 147 00:07:42,646 --> 00:07:44,346 My toilet never clogs, Ellenor. 148 00:07:44,380 --> 00:07:45,513 Do you have that problem? 149 00:07:45,546 --> 00:07:46,413 What's that supposed to mean? 150 00:07:46,446 --> 00:07:47,746 Not a thing. Not a thing? 151 00:07:47,780 --> 00:07:49,446 Only you seem a little edgy. 152 00:07:49,480 --> 00:07:52,613 DONNELL: Ellenor, you do seem a little on edge. 153 00:07:52,646 --> 00:07:54,346 I'm hot! 154 00:07:54,380 --> 00:07:56,913 DONNELL: Fine. It'll all be fixed today. 155 00:07:57,980 --> 00:07:59,346 We got a walk-up. 156 00:07:59,380 --> 00:08:00,286 Anybody? 157 00:08:00,320 --> 00:08:01,153 DONNELL: Jimmy. 158 00:08:01,186 --> 00:08:02,553 I took the last one. 159 00:08:02,586 --> 00:08:04,020 WASHINGTON: No, I did. 160 00:08:04,053 --> 00:08:05,286 Well, how about you, Ellenor? 161 00:08:05,320 --> 00:08:07,253 I have Jamie Stringer at 10:00, 162 00:08:07,286 --> 00:08:09,153 who, by the way, you called back. 163 00:08:09,186 --> 00:08:11,120 Not just me. Eugene liked her. 164 00:08:11,153 --> 00:08:12,986 Jimmy, just take the walk-up. 165 00:08:13,020 --> 00:08:14,320 (sighs) 166 00:08:14,353 --> 00:08:15,686 It's always me. 167 00:08:17,920 --> 00:08:20,053 HATCHER: James Berluti, Melissa Halpern. 168 00:08:20,086 --> 00:08:21,253 BERLUTI: Hi. Hello. 169 00:08:21,286 --> 00:08:23,086 This is my daughter, Joey. 170 00:08:23,120 --> 00:08:25,153 BERLUTI: Nice to meet you. Nice to meet you. 171 00:08:25,186 --> 00:08:26,486 How can I be of help? 172 00:08:26,520 --> 00:08:28,920 Is there someplace you and I could speak privately? 173 00:08:28,953 --> 00:08:30,120 Of course. 174 00:08:33,153 --> 00:08:35,453 MELISSA: I told my daughter that this was just about 175 00:08:35,486 --> 00:08:37,586 insurance and so forth, but... 176 00:08:37,620 --> 00:08:38,620 (sighs) 177 00:08:39,486 --> 00:08:40,586 ...that isn't it. 178 00:08:43,286 --> 00:08:45,253 First, I need to know 179 00:08:45,286 --> 00:08:47,920 that what I tell you will remain confidential. 180 00:08:47,953 --> 00:08:49,120 Absolutely. 181 00:08:50,086 --> 00:08:51,186 Please. 182 00:08:53,286 --> 00:08:56,086 I wanted you to meet my daughter to, um, 183 00:08:57,286 --> 00:09:00,593 well, I guess for some perspective. 184 00:09:01,893 --> 00:09:04,226 Sixteen years ago, 185 00:09:04,260 --> 00:09:05,960 I kidnapped her. 186 00:09:07,793 --> 00:09:11,226 I was into drugs and I got this inane notion 187 00:09:11,260 --> 00:09:13,060 that having to take care of a child 188 00:09:13,093 --> 00:09:15,293 would be a kind of a lifeline to-- 189 00:09:16,726 --> 00:09:19,626 I just grabbed her out of a hospital 190 00:09:19,660 --> 00:09:20,660 when she was a newborn, 191 00:09:20,693 --> 00:09:22,660 and I've been raising her ever since. 192 00:09:23,626 --> 00:09:24,860 Does your daughter know? 193 00:09:24,893 --> 00:09:27,626 MELISSA: No, and it's imperative 194 00:09:27,660 --> 00:09:29,160 that she never find out. 195 00:09:29,193 --> 00:09:30,626 It would destroy her. 196 00:09:30,660 --> 00:09:32,926 I also have two small children, a family. 197 00:09:32,960 --> 00:09:35,260 I mean, if this ever got out, 198 00:09:35,293 --> 00:09:37,593 many lives would be destroyed. 199 00:09:38,326 --> 00:09:40,760 So why are you here? 200 00:09:41,160 --> 00:09:42,060 Um... 201 00:09:43,026 --> 00:09:45,660 I recently read a magazine article 202 00:09:45,693 --> 00:09:47,526 about two lives 203 00:09:47,560 --> 00:09:49,526 that have been destroyed the birth mother 204 00:09:49,560 --> 00:09:52,026 and the woman they accused of stealing Joey. 205 00:09:52,060 --> 00:09:54,126 BERLUTI: Another woman was convicted? 206 00:09:54,160 --> 00:09:56,060 MELISSA: No, they never pressed charges 207 00:09:56,093 --> 00:09:57,760 due to lack of evidence, but evidently, 208 00:09:57,793 --> 00:10:00,400 the cloud of suspicion followed her, and-- 209 00:10:00,433 --> 00:10:02,033 well, the irony is that she went on 210 00:10:02,066 --> 00:10:04,333 to get into some of the same drug problems 211 00:10:04,366 --> 00:10:06,666 that I was looking to escape. 212 00:10:12,133 --> 00:10:13,833 I don't wanna turn myself in. 213 00:10:14,533 --> 00:10:17,433 It isn't an option, but two things in this article, 214 00:10:17,466 --> 00:10:19,966 the birth mother, she says the horror 215 00:10:20,000 --> 00:10:22,166 lives on every day of not knowing what happened, 216 00:10:22,200 --> 00:10:25,133 whether her daughter is dead or-- 217 00:10:25,166 --> 00:10:28,266 she said that if she could just know 218 00:10:28,300 --> 00:10:30,366 that her daughter has a good life somewhere 219 00:10:30,400 --> 00:10:33,600 and is happy, and for the woman who is accused, 220 00:10:33,633 --> 00:10:35,166 she said if even one person 221 00:10:35,200 --> 00:10:36,666 could know she was innocent, 222 00:10:36,700 --> 00:10:37,866 even one... 223 00:10:39,466 --> 00:10:42,566 I would like you to go to the birth mother 224 00:10:42,600 --> 00:10:44,966 and tell her how happy 225 00:10:45,000 --> 00:10:47,200 and safe her daughter is. 226 00:10:48,266 --> 00:10:49,633 And then I would like you to go to the woman 227 00:10:49,666 --> 00:10:52,966 who was accused and tell her you know she's innocent. 228 00:10:53,466 --> 00:10:55,566 I-I have, uh... 229 00:10:56,866 --> 00:10:58,300 two money orders, 230 00:10:59,100 --> 00:11:01,206 each in the amount of $70,000. 231 00:11:01,240 --> 00:11:03,840 If I had more, I would pay them more. 232 00:11:06,073 --> 00:11:08,473 Can you do this for me, Mr. Berluti? 233 00:11:13,473 --> 00:11:17,306 FRUTT: Obviously, your academic credentials are superb. 234 00:11:17,340 --> 00:11:18,706 Thank you. 235 00:11:18,740 --> 00:11:20,806 FRUTT: But I have to say, I'm curious, 236 00:11:20,840 --> 00:11:23,740 with the offers you're getting, why here? 237 00:11:23,773 --> 00:11:25,373 STRINGER: Those offers are all civil. 238 00:11:25,406 --> 00:11:27,973 The only thing I've ever wanted to do is criminal, 239 00:11:28,006 --> 00:11:29,873 and this firm for criminal. 240 00:11:29,906 --> 00:11:32,106 I've been court-buffing you guys for two years. 241 00:11:32,140 --> 00:11:33,106 Really? 242 00:11:33,140 --> 00:11:35,540 I was at the Lindsay Dole trial every day. 243 00:11:35,573 --> 00:11:36,673 I almost cut a final. 244 00:11:37,906 --> 00:11:40,373 Any tips? We could have used some pointers on that one. 245 00:11:40,406 --> 00:11:41,973 Are you serious? 246 00:11:42,006 --> 00:11:45,340 Well, sure. 247 00:11:46,140 --> 00:11:47,540 Well, I'm sure I couldn't say anything 248 00:11:47,573 --> 00:11:49,106 that you haven't already thought about. 249 00:11:49,140 --> 00:11:50,473 Just for fun. 250 00:11:50,506 --> 00:11:51,740 Why don't you throw it out? 251 00:11:51,773 --> 00:11:53,206 (giggles) 252 00:11:53,240 --> 00:11:54,606 Feels like a test. 253 00:11:54,640 --> 00:11:55,740 Um... 254 00:11:56,840 --> 00:11:59,273 I thought it was a mistake to go with battered woman. 255 00:11:59,306 --> 00:12:01,780 It may be a viable theory technically, 256 00:12:01,813 --> 00:12:03,780 but juries pretty much reject the abuse excuse. 257 00:12:03,813 --> 00:12:05,146 It seems desperate. 258 00:12:05,180 --> 00:12:06,913 I felt you cut your legs off at the top. 259 00:12:06,946 --> 00:12:09,346 What else were we supposed to argue? 260 00:12:09,380 --> 00:12:10,780 STRINGER: Straight self-defense. 261 00:12:10,813 --> 00:12:12,213 Wink, wink. 262 00:12:12,246 --> 00:12:14,446 It really would have amounted to jury nullification, 263 00:12:14,480 --> 00:12:16,613 but--and here's where I feel like you really dropped 264 00:12:16,646 --> 00:12:17,713 the ball-- 265 00:12:19,713 --> 00:12:20,613 I'm sorry. 266 00:12:20,646 --> 00:12:21,746 I-I don't mean to-- 267 00:12:21,780 --> 00:12:23,480 No, go ahead. 268 00:12:23,513 --> 00:12:26,913 What you did was characterize Lindsay as a crazy. 269 00:12:26,946 --> 00:12:28,980 You know, she snapped, she was outside of herself, 270 00:12:29,013 --> 00:12:31,246 she lost control, but the problem is 271 00:12:31,280 --> 00:12:32,780 juries don't like to free nutsos. 272 00:12:32,813 --> 00:12:34,780 Instead of depicting her as aberrant, 273 00:12:34,813 --> 00:12:36,313 you should have portrayed her as every woman. 274 00:12:36,346 --> 00:12:37,713 You know, who wouldn't pull the trigger 275 00:12:37,746 --> 00:12:39,046 if the guy comes to her house? 276 00:12:39,080 --> 00:12:40,613 We sort of did that. 277 00:12:40,646 --> 00:12:42,446 STRINGER: Not enough, you didn't. 278 00:12:42,980 --> 00:12:44,846 You basically argued we can't know 279 00:12:44,880 --> 00:12:45,613 what it's like to be her. 280 00:12:45,646 --> 00:12:47,013 She was in a different place, 281 00:12:47,046 --> 00:12:49,446 but I would have put the jury right in her shoes, 282 00:12:49,480 --> 00:12:50,946 right in that place. 283 00:12:50,980 --> 00:12:52,646 At least one of them would have pulled the trigger. 284 00:12:52,680 --> 00:12:54,413 The worst you get is a hung jury. 285 00:12:57,180 --> 00:12:59,420 Hindsight's always 20/20. 286 00:12:59,453 --> 00:13:00,720 I-I know. 287 00:13:15,120 --> 00:13:16,753 (doorbell rings) 288 00:13:23,753 --> 00:13:24,653 Hi. 289 00:13:24,686 --> 00:13:26,253 I'm looking for Sally Burns. 290 00:13:26,286 --> 00:13:27,553 I'm Sally. 291 00:13:27,586 --> 00:13:29,420 My name is James Berluti. 292 00:13:30,786 --> 00:13:32,153 I, uh... 293 00:13:33,286 --> 00:13:35,253 I represent the individual 294 00:13:35,286 --> 00:13:38,020 who kidnapped your daughter 16 years ago. 295 00:13:39,120 --> 00:13:42,820 I'm not at liberty to divulge this individual's name, 296 00:13:42,853 --> 00:13:47,353 but this person hired me to communicate to you 297 00:13:47,386 --> 00:13:50,753 that your daughter is safe and happy. 298 00:13:51,453 --> 00:13:54,853 The individual continues to parent your daughter. 299 00:13:54,886 --> 00:13:57,453 The individual feels great remorse 300 00:13:57,486 --> 00:13:59,626 for all the pain caused to you, 301 00:13:59,660 --> 00:14:02,093 and sends to you this money order 302 00:14:02,126 --> 00:14:04,326 in the amount of $70,000. 303 00:14:05,226 --> 00:14:07,126 The individual wants you to know 304 00:14:07,160 --> 00:14:10,326 that he or she is very sorry 305 00:14:10,360 --> 00:14:12,093 for hurting you. 306 00:14:13,226 --> 00:14:15,326 That's all I'm at liberty to say. 307 00:14:16,360 --> 00:14:20,293 (music playing) 308 00:14:44,893 --> 00:14:46,560 What didn't you like about her? 309 00:14:46,593 --> 00:14:47,726 I don't know. 310 00:14:47,760 --> 00:14:48,993 I just didn't. 311 00:14:49,026 --> 00:14:50,093 You see her transcript? 312 00:14:50,126 --> 00:14:51,226 FRUTT: Yeah, her grades were great. 313 00:14:51,260 --> 00:14:52,393 That's why we interviewed her. 314 00:14:52,426 --> 00:14:53,993 But the purpose of the interview is to see 315 00:14:54,026 --> 00:14:55,793 if we like her and I didn't. 316 00:14:55,826 --> 00:14:59,060 Bec, I want you to interview her. 317 00:14:59,093 --> 00:15:00,166 FRUTT: Why? 318 00:15:00,200 --> 00:15:02,066 Hiring is supposed to be unanimous. 319 00:15:02,100 --> 00:15:03,133 If I didn't like her-- 320 00:15:03,166 --> 00:15:05,000 We're also supposed to have a group discussion. 321 00:15:05,033 --> 00:15:06,600 Rebecca is part of the group. 322 00:15:06,633 --> 00:15:07,766 She needs to interview her. 323 00:15:07,800 --> 00:15:09,433 I thought she was great. 324 00:15:09,466 --> 00:15:11,633 Yes, all the men think she's swell. 325 00:15:11,666 --> 00:15:13,266 Why are you so testy? 326 00:15:15,400 --> 00:15:16,433 Hey. 327 00:15:16,466 --> 00:15:17,833 What's wrong? 328 00:15:18,433 --> 00:15:20,300 What, I can't just pop in to say hi? 329 00:15:20,333 --> 00:15:21,666 What's wrong? 330 00:15:22,266 --> 00:15:23,066 Jimmy... 331 00:15:24,466 --> 00:15:26,166 police got a visit from a woman 332 00:15:26,200 --> 00:15:28,233 named Sally Burns last night. 333 00:15:31,900 --> 00:15:34,100 You had to know she'd go to the police. 334 00:15:34,133 --> 00:15:35,100 So what? 335 00:15:35,133 --> 00:15:36,400 It's attorney/client. 336 00:15:36,433 --> 00:15:37,600 GAMBLE: Not necessarily. 337 00:15:37,633 --> 00:15:39,066 A crime is ongoing. 338 00:15:39,100 --> 00:15:40,033 BERLUTI: What crime? 339 00:15:40,066 --> 00:15:41,033 The kidnapping! 340 00:15:41,066 --> 00:15:42,633 The individual still has her. 341 00:15:42,666 --> 00:15:44,166 The crime is ongoing, Jimmy, 342 00:15:44,200 --> 00:15:46,100 which means you can reveal. 343 00:15:46,133 --> 00:15:48,700 Helen, I'm not going to tell. 344 00:15:48,733 --> 00:15:50,933 You know I'm not going to tell. 345 00:15:54,133 --> 00:15:55,433 What? 346 00:15:55,466 --> 00:15:58,133 GAMBLE: I'm going to get a judge to force you to tell. 347 00:15:58,166 --> 00:16:00,473 No judge is ever-- I think you're wrong. 348 00:16:02,206 --> 00:16:04,473 We already know who she is, 349 00:16:04,506 --> 00:16:07,473 Bernice White, 56 years old, 350 00:16:07,506 --> 00:16:09,940 works as a waitress at the King Street Cafe. 351 00:16:09,973 --> 00:16:11,440 We'll get her one way or another. 352 00:16:11,473 --> 00:16:14,706 If she comes forward and cooperates, 353 00:16:14,740 --> 00:16:16,340 I'll give her three years. 354 00:16:17,173 --> 00:16:19,140 You have 24 hours. 355 00:16:28,073 --> 00:16:29,173 (door closes) 356 00:16:31,173 --> 00:16:32,606 MELISSA: You can't tell. 357 00:16:32,640 --> 00:16:34,140 You gave me your word! BERLUTI: Listen-- 358 00:16:34,173 --> 00:16:35,640 I didn't even want you to tell him! 359 00:16:35,673 --> 00:16:36,640 He's a lawyer here. 360 00:16:36,673 --> 00:16:38,073 The privilege extends to all. 361 00:16:38,106 --> 00:16:40,006 And now you're breaking the privilege! 362 00:16:40,040 --> 00:16:41,506 Nobody's revealing your secret. 363 00:16:41,540 --> 00:16:42,540 What are you telling me?! 364 00:16:42,573 --> 00:16:43,573 YOUNG: We're telling you the D. A. 365 00:16:43,606 --> 00:16:46,206 is trying to force us to reveal your identity. 366 00:16:46,240 --> 00:16:47,806 If she is successful-- MELISSA: Oh, my God! 367 00:16:47,840 --> 00:16:49,140 Oh, my God! 368 00:16:49,173 --> 00:16:50,706 YOUNG: Melissa, you need to calm down here. 369 00:16:50,740 --> 00:16:52,273 MELISSA: I just wanted to help those people! 370 00:16:52,306 --> 00:16:54,140 I did not wanna risk jail! 371 00:16:54,173 --> 00:16:56,506 I can leave the room and come back later 372 00:16:56,540 --> 00:16:59,380 or you can calm down and listen to me now. 373 00:17:00,146 --> 00:17:01,780 We are not going to give you up. 374 00:17:01,813 --> 00:17:02,580 You need to be aware-- 375 00:17:03,613 --> 00:17:04,680 Melissa. 376 00:17:06,780 --> 00:17:09,513 Melissa, I need your full attention now. 377 00:17:11,380 --> 00:17:13,680 You asked Mr. Berluti to contact the woman 378 00:17:13,713 --> 00:17:15,280 accused of the kidnapping. 379 00:17:15,313 --> 00:17:17,013 Which I've been trying to do, 380 00:17:17,046 --> 00:17:18,413 but I haven't got her yet. 381 00:17:18,446 --> 00:17:20,346 YOUNG: It is our opinion that we should no longer 382 00:17:20,380 --> 00:17:22,780 try to contact her, and here's why, 383 00:17:22,813 --> 00:17:24,446 they still think she's it. 384 00:17:24,480 --> 00:17:27,380 If we contact her, we'd effectively be telling 385 00:17:27,413 --> 00:17:29,580 the police, "It's not her. Could be anybody." 386 00:17:30,846 --> 00:17:32,180 For your protection, 387 00:17:32,213 --> 00:17:35,680 it's best that she remains a suspect. 388 00:17:36,580 --> 00:17:37,980 I know you wanted to help, 389 00:17:38,013 --> 00:17:39,980 but there's too much risk in it. 390 00:17:41,313 --> 00:17:42,613 Okay. 391 00:17:42,646 --> 00:17:45,980 YOUNG: I also wanted to open up a bogus file for you 392 00:17:46,013 --> 00:17:48,246 on the chance the police are watching this building 393 00:17:48,280 --> 00:17:50,080 to see who goes in and out, 394 00:17:50,113 --> 00:17:52,580 and the chances are good they are. 395 00:17:52,613 --> 00:17:55,413 I want a file explaining your presence here. 396 00:17:55,446 --> 00:17:58,046 We can create something under estate planning. 397 00:17:59,620 --> 00:18:00,786 I have small children. 398 00:18:00,820 --> 00:18:02,720 I cannot go to jail. 399 00:18:02,753 --> 00:18:06,586 Melissa, we are not gonna let that happen. 400 00:18:13,253 --> 00:18:14,086 Hi. 401 00:18:14,786 --> 00:18:15,720 Hey. 402 00:18:15,753 --> 00:18:17,320 Rebecca will be right with you. 403 00:18:17,353 --> 00:18:18,386 STRINGER: Great. 404 00:18:18,420 --> 00:18:21,853 I can't believe I even got called back again after... 405 00:18:22,686 --> 00:18:24,086 What happened? 406 00:18:24,120 --> 00:18:26,953 Well, my mouth tends to disclose 407 00:18:26,986 --> 00:18:29,786 what I think sometimes, and, well, 408 00:18:29,820 --> 00:18:31,520 I may have offended Ms. Frutt. 409 00:18:31,553 --> 00:18:33,353 Ah, don't worry about it. 410 00:18:33,386 --> 00:18:34,720 I offended them when I walked in the door. 411 00:18:34,753 --> 00:18:36,386 I didn't think I'd last a week. 412 00:18:36,420 --> 00:18:37,486 That was four years ago. 413 00:18:37,986 --> 00:18:39,153 WASHINGTON: Hi, Jamie? 414 00:18:39,186 --> 00:18:41,086 Yes. Rebecca Washington. 415 00:18:41,120 --> 00:18:42,253 Very nice to meet you. 416 00:18:42,286 --> 00:18:44,353 You too. We can go in here. 417 00:18:45,120 --> 00:18:46,020 Ms. Frutt, hello. 418 00:18:46,786 --> 00:18:47,786 Hi. 419 00:18:50,220 --> 00:18:52,620 HATCHER: Oh, Jimmy, this is Bernice White. 420 00:18:52,653 --> 00:18:54,086 She says you've been calling her. 421 00:18:54,120 --> 00:18:57,486 (music playing) 422 00:18:59,960 --> 00:19:01,993 Yes. Yes. 423 00:19:02,026 --> 00:19:03,160 James Berluti. 424 00:19:03,193 --> 00:19:04,160 Thanks for coming. 425 00:19:04,193 --> 00:19:06,526 What's this about? Did I inherit something? 426 00:19:06,560 --> 00:19:09,726 BERLUTI: Actually, we thought you did, 427 00:19:09,760 --> 00:19:11,660 but it was another Bernice White. 428 00:19:13,026 --> 00:19:13,960 I'm very sorry. 429 00:19:13,993 --> 00:19:15,593 What'd she get? 430 00:19:15,626 --> 00:19:16,693 Sorry? 431 00:19:16,726 --> 00:19:18,026 This other Bernice White. 432 00:19:18,060 --> 00:19:19,093 What'd she inherit? 433 00:19:19,126 --> 00:19:21,493 Oh, only a few hundred dollars, actually. 434 00:19:21,526 --> 00:19:22,460 Nothing. 435 00:19:22,493 --> 00:19:24,526 You sure made it sound a lot more important 436 00:19:24,560 --> 00:19:26,160 than a few hundred dollars. 437 00:19:26,193 --> 00:19:27,793 Again, I apologize. 438 00:19:39,626 --> 00:19:40,860 What's wrong? 439 00:19:43,060 --> 00:19:44,293 Nothing. 440 00:19:46,260 --> 00:19:47,593 What's wrong with you? 441 00:19:50,693 --> 00:19:51,893 (sighs) 442 00:19:51,926 --> 00:19:53,293 Nothing. 443 00:19:53,326 --> 00:19:55,093 So here we are then, 444 00:19:55,626 --> 00:19:57,726 two people with nothing wrong. 445 00:20:01,266 --> 00:20:02,533 Did I blow it? 446 00:20:03,500 --> 00:20:04,566 Blow what? 447 00:20:06,600 --> 00:20:07,633 Lindsay's trial. 448 00:20:07,666 --> 00:20:08,933 Ellenor... 449 00:20:08,966 --> 00:20:10,366 FRUTT: That Hinks stuff with you 450 00:20:10,400 --> 00:20:11,200 never should have come in. 451 00:20:11,233 --> 00:20:12,533 You objected. 452 00:20:12,566 --> 00:20:14,366 I objected once for the record. 453 00:20:14,400 --> 00:20:15,966 I should have shut it down. 454 00:20:16,000 --> 00:20:17,366 Look-- Abuse defenses, 455 00:20:17,400 --> 00:20:19,400 statistically, are losers. 456 00:20:19,433 --> 00:20:21,400 We had to have something. 457 00:20:21,433 --> 00:20:23,433 FRUTT: Battered woman syndrome is desperate. 458 00:20:23,466 --> 00:20:25,666 Even a third year law student knows that. 459 00:20:25,700 --> 00:20:28,300 This was a team defense. 460 00:20:28,333 --> 00:20:30,466 FRUTT: But I tried it. I was the one up there. 461 00:20:30,500 --> 00:20:33,366 Come on, a serial killer with a restraining order? 462 00:20:33,400 --> 00:20:35,200 How could I not win? 463 00:20:35,233 --> 00:20:38,200 We have all won with much, much less! 464 00:20:38,233 --> 00:20:39,433 Where is this coming from? 465 00:20:39,466 --> 00:20:42,300 That little slut Rebecca is interviewing. 466 00:20:43,933 --> 00:20:46,066 She picked me to pieces 467 00:20:46,733 --> 00:20:47,866 and she was right. 468 00:20:49,733 --> 00:20:52,766 We focused the jury on Lindsay being crazy 469 00:20:52,800 --> 00:20:54,466 when we should have argued 470 00:20:54,500 --> 00:20:56,666 how reasonable she was. 471 00:20:57,466 --> 00:20:59,140 How could I not have seen it? 472 00:20:59,173 --> 00:21:01,573 None of us saw it. 473 00:21:01,606 --> 00:21:04,740 FRUTT: Why? How could we all-- 474 00:21:05,273 --> 00:21:06,906 I think Lindsay was desperate 475 00:21:06,940 --> 00:21:08,506 to believe she snapped. 476 00:21:09,440 --> 00:21:11,106 She was desperate to believe 477 00:21:11,140 --> 00:21:13,073 she was crazy, Ellenor, 478 00:21:13,640 --> 00:21:16,906 so we became desperate to help her believe it. 479 00:21:21,773 --> 00:21:23,706 You didn't pull the trigger, Ellenor. 480 00:21:28,173 --> 00:21:30,273 It's good talking to you, Bobby. 481 00:21:32,040 --> 00:21:34,406 You remember years ago, we used to come in here 482 00:21:34,440 --> 00:21:35,773 at the end of the day 483 00:21:37,440 --> 00:21:39,673 and we would just talk. 484 00:21:42,906 --> 00:21:44,473 What happened? 485 00:21:44,840 --> 00:21:46,106 FRUTT: I don't know. 486 00:21:47,106 --> 00:21:49,673 You have become a bit of an island, Bobby. 487 00:21:50,540 --> 00:21:52,373 You don't turn to others, 488 00:21:52,406 --> 00:21:53,940 even in your times of... 489 00:21:58,673 --> 00:22:00,313 I've tried to be there. 490 00:22:03,746 --> 00:22:04,946 For her. 491 00:22:07,246 --> 00:22:08,613 For all of you. 492 00:22:09,913 --> 00:22:11,580 That isn't exactly it. 493 00:22:12,513 --> 00:22:15,180 You're there when we need you, Bobby, 494 00:22:16,946 --> 00:22:19,780 but we all get a little desperate from time to time 495 00:22:21,313 --> 00:22:23,046 for you to need us. 496 00:22:35,885 --> 00:22:38,618 Look, it's a very tough thing we're asking for, 497 00:22:38,651 --> 00:22:39,951 attorney/client privilege. 498 00:22:39,985 --> 00:22:41,485 SALLY: He knows where she is. 499 00:22:41,518 --> 00:22:43,951 She's alive, Ms. Gamble and this lawyer knows. 500 00:22:43,985 --> 00:22:44,685 He knows-- GAMBLE: Sally, 501 00:22:44,718 --> 00:22:46,718 you have to understand. 502 00:22:46,985 --> 00:22:50,285 Legal ethics and morality are two different things. 503 00:22:50,318 --> 00:22:51,351 Sometimes they fly 504 00:22:51,385 --> 00:22:53,785 in the absolute face of each other. 505 00:22:53,818 --> 00:22:54,718 (knock on door) 506 00:22:54,751 --> 00:22:56,451 Helen, 507 00:22:56,985 --> 00:22:58,051 I'm sorry. 508 00:22:58,885 --> 00:23:00,491 Can I talk to you for a second? 509 00:23:00,525 --> 00:23:01,858 I'm kind of in the middle of something. 510 00:23:01,891 --> 00:23:02,925 Please. 511 00:23:04,825 --> 00:23:05,991 Could you give me a minute? 512 00:23:14,858 --> 00:23:16,525 (door closes) 513 00:23:16,558 --> 00:23:18,725 Look, I'm not gonna fight you on the merits 514 00:23:18,758 --> 00:23:20,325 of what you're trying to do here. 515 00:23:20,358 --> 00:23:21,425 Good. 516 00:23:21,958 --> 00:23:23,991 But I'm asking you to hold off. 517 00:23:24,025 --> 00:23:27,158 If it gets out our firm is helping a kidnapper to-- 518 00:23:28,091 --> 00:23:30,258 Helen, you know the fallout. 519 00:23:30,291 --> 00:23:32,925 It might not necessarily affect Lindsay's disposition, 520 00:23:32,958 --> 00:23:34,558 but we do not need Judge West 521 00:23:34,591 --> 00:23:37,458 getting angry at us about something else. 522 00:23:37,491 --> 00:23:38,458 I doubt this would have any bearing 523 00:23:38,491 --> 00:23:39,658 on Lindsay's fate. 524 00:23:39,691 --> 00:23:41,591 But with the possibility 525 00:23:41,625 --> 00:23:43,525 it could, 526 00:23:43,558 --> 00:23:44,658 please. 527 00:23:47,291 --> 00:23:49,058 When's he supposed to rule? 528 00:23:49,791 --> 00:23:50,991 11:00. 529 00:23:52,358 --> 00:23:54,725 I'll push my motion to this afternoon. 530 00:23:55,391 --> 00:23:56,525 Thank you. 531 00:23:58,491 --> 00:23:59,658 Thank you. 532 00:24:04,498 --> 00:24:05,431 (door opens) 533 00:24:06,465 --> 00:24:08,398 Bobby likes her, as do I, 534 00:24:08,431 --> 00:24:10,098 and Rebecca and Jimmy. 535 00:24:10,131 --> 00:24:12,198 What exactly bothered you about her? 536 00:24:12,231 --> 00:24:13,265 FRUTT: I don't know. 537 00:24:13,298 --> 00:24:15,365 She seemed perky, 538 00:24:15,398 --> 00:24:16,931 suck-uppy, arrogant. 539 00:24:16,965 --> 00:24:18,731 Perky, suck-uppy, arrogant. 540 00:24:18,765 --> 00:24:20,365 Maybe it's that Harvard thing. 541 00:24:20,398 --> 00:24:22,898 Look, given our current state of things, 542 00:24:22,931 --> 00:24:24,131 the Harvard grads aren't exactly 543 00:24:24,165 --> 00:24:25,998 flooding us with their resumes. 544 00:24:26,031 --> 00:24:28,531 This is a real prospect, Ellenor, I-- 545 00:24:28,565 --> 00:24:30,931 You didn't find her a little slutty? 546 00:24:30,965 --> 00:24:32,431 Slutty? FRUTT: Yes, 547 00:24:32,465 --> 00:24:35,431 she's got that giggly, flirty thing. 548 00:24:35,465 --> 00:24:37,365 WASHINGTON: So now she's a giggly, flirty, 549 00:24:37,398 --> 00:24:39,231 suck-uppy, arrogant slut? 550 00:24:39,265 --> 00:24:41,165 FRUTT: Look, I'm sure she's a great person. 551 00:24:41,198 --> 00:24:42,898 She's obviously very smart. 552 00:24:42,931 --> 00:24:44,865 I just didn't get a great hit, 553 00:24:44,898 --> 00:24:45,765 that's all. 554 00:24:46,165 --> 00:24:47,865 Seeing as the rest of us did 555 00:24:47,898 --> 00:24:50,031 and we need to hire, 556 00:24:50,065 --> 00:24:51,565 I vote we extend an offer. 557 00:24:51,598 --> 00:24:52,665 Me too. 558 00:24:52,698 --> 00:24:53,765 Me too. 559 00:24:55,631 --> 00:24:56,598 Okay. 560 00:24:56,631 --> 00:24:58,365 (footsteps approach) 561 00:25:00,065 --> 00:25:01,238 It's quarter to 11:00. 562 00:25:01,271 --> 00:25:04,271 (music playing) 563 00:25:22,138 --> 00:25:23,171 How you doing? 564 00:25:23,205 --> 00:25:24,805 I'll let you know. 565 00:25:24,838 --> 00:25:26,905 BAILIFF: All rise. 566 00:25:26,938 --> 00:25:28,005 This court is in session. 567 00:25:28,038 --> 00:25:30,471 The honorable Judge West presides. 568 00:25:35,771 --> 00:25:36,671 Be seated. 569 00:25:44,371 --> 00:25:46,405 First, let me state for the record 570 00:25:46,438 --> 00:25:50,105 my disfavor for the legal gamesmanship. 571 00:25:50,138 --> 00:25:52,305 For the defense to argue 572 00:25:52,338 --> 00:25:53,738 diminished capacity 573 00:25:53,771 --> 00:25:55,138 then to lose, 574 00:25:55,171 --> 00:25:57,171 only then to march into sentencing 575 00:25:57,205 --> 00:25:59,438 claiming it was manslaughter, 576 00:25:59,471 --> 00:26:01,945 it strikes me as a disingenuous attempt 577 00:26:01,978 --> 00:26:04,245 to have two bites at the legal apple. 578 00:26:04,911 --> 00:26:06,611 That having been said, 579 00:26:06,645 --> 00:26:10,411 I am required to consider this second bite, 580 00:26:10,445 --> 00:26:13,078 and as I view the evidence, 581 00:26:13,111 --> 00:26:14,645 this case warrants a finding 582 00:26:14,678 --> 00:26:16,411 of voluntary manslaughter 583 00:26:16,445 --> 00:26:18,111 more than murder one. 584 00:26:18,645 --> 00:26:20,245 Had I been sitting on the jury, 585 00:26:20,278 --> 00:26:22,678 I most definitely would have voted that way. 586 00:26:24,478 --> 00:26:27,178 But I wasn't a juror in this case. 587 00:26:27,211 --> 00:26:28,878 I am the judge, 588 00:26:30,378 --> 00:26:33,711 and as the prosecutor correctly points out, 589 00:26:33,745 --> 00:26:37,078 a judge should only overturn a verdict 590 00:26:37,111 --> 00:26:41,078 if he finds no reasonable basis for it. 591 00:26:42,511 --> 00:26:44,278 I can't make that leap. 592 00:26:45,845 --> 00:26:48,645 I therefore uphold the verdict. 593 00:26:48,678 --> 00:26:50,345 Ms. Dole, you have been convicted of murder 594 00:26:50,378 --> 00:26:51,945 in the first degree. 595 00:26:52,311 --> 00:26:54,711 I am bound by the statute to sentence you 596 00:26:54,745 --> 00:26:56,611 to the Framingham Correction Facility 597 00:26:56,645 --> 00:26:59,078 for the remainder of your natural life. 598 00:26:59,645 --> 00:27:01,151 We are adjourned. 599 00:27:01,185 --> 00:27:02,118 (gavel bangs) 600 00:27:12,451 --> 00:27:13,851 We have a strong appeal. 601 00:27:13,885 --> 00:27:15,751 We have solid issues, Lindsay. 602 00:27:15,785 --> 00:27:17,785 We got strong grounds. 603 00:27:17,818 --> 00:27:20,285 We go before the state supreme court next week. 604 00:27:23,785 --> 00:27:25,518 We are going to get you out. 605 00:27:25,551 --> 00:27:28,485 (music playing) 606 00:28:03,191 --> 00:28:04,625 (phone rings) 607 00:28:11,025 --> 00:28:12,458 (door opens) 608 00:28:18,258 --> 00:28:19,025 (door closes) 609 00:28:25,091 --> 00:28:26,725 She's holding up. 610 00:28:28,958 --> 00:28:32,091 She's going to be transferred tomorrow afternoon. 611 00:28:32,125 --> 00:28:34,125 I'm gonna go back and be with her till then. 612 00:28:39,158 --> 00:28:41,391 Ellenor and I were talking last night, 613 00:28:45,591 --> 00:28:49,058 and she thought it'd be a good idea for me-- 614 00:28:54,758 --> 00:28:57,258 for me to lean on all of you, 615 00:28:58,958 --> 00:29:00,298 a little more, 616 00:29:02,765 --> 00:29:03,865 personally. 617 00:29:12,065 --> 00:29:14,198 I think I'll probably be doing that. 618 00:29:24,265 --> 00:29:26,165 (door opens and closes) 619 00:29:26,198 --> 00:29:26,865 YOUNG: Jimmy, 620 00:29:28,431 --> 00:29:29,398 we better go. 621 00:29:56,831 --> 00:29:58,598 We will survive this. 622 00:30:01,338 --> 00:30:02,838 You'll survive it 623 00:30:04,105 --> 00:30:06,671 and Lindsay will. 624 00:30:10,371 --> 00:30:11,838 I know. 625 00:30:12,271 --> 00:30:14,505 Bobby, I know you know. 626 00:30:15,871 --> 00:30:19,371 Factuals and legals aside, 627 00:30:19,405 --> 00:30:21,405 the emotional undercurrents 628 00:30:21,438 --> 00:30:23,071 of a case play a part 629 00:30:23,105 --> 00:30:25,771 with juries, with judges, 630 00:30:25,805 --> 00:30:27,938 even Supreme Court justices. 631 00:30:27,971 --> 00:30:31,038 You know that better than anybody, right? 632 00:30:33,905 --> 00:30:35,371 Bobby, look at me. 633 00:30:38,705 --> 00:30:40,638 Give me this appeal. 634 00:30:42,671 --> 00:30:44,305 I'll bring your wife home. 635 00:30:45,871 --> 00:30:48,505 (music playing) 636 00:31:06,445 --> 00:31:07,978 The identity of a client 637 00:31:08,011 --> 00:31:09,711 has never been privileged, Your Honor. 638 00:31:09,745 --> 00:31:12,045 It has when the disclosure of the identity 639 00:31:12,078 --> 00:31:13,978 would incriminate a person criminally. 640 00:31:14,011 --> 00:31:15,678 Hold on a second, Mr. Berluti. 641 00:31:15,711 --> 00:31:18,245 Assuming your client enjoys privilege, 642 00:31:18,278 --> 00:31:20,578 so what? We've got a crime here. 643 00:31:20,611 --> 00:31:21,678 Person has been kidnapped. 644 00:31:21,711 --> 00:31:23,911 She could be in severe physical danger. 645 00:31:23,945 --> 00:31:24,845 She's not in danger. 646 00:31:24,878 --> 00:31:26,811 KITTLESON: Says who? The kidnapper? 647 00:31:26,845 --> 00:31:28,445 I've seen her. She's healthy-- 648 00:31:28,478 --> 00:31:29,978 KITTLESON: Careful, counsel. 649 00:31:30,011 --> 00:31:31,911 You're about to make yourself a witness. 650 00:31:31,945 --> 00:31:33,511 Your Honor, as you correctly imply, 651 00:31:33,545 --> 00:31:35,411 this is an ongoing crime. 652 00:31:35,445 --> 00:31:38,345 Mr. Berluti has knowledge as to who has the victim. 653 00:31:38,378 --> 00:31:39,345 BERLUTI: This is a past crime. 654 00:31:39,378 --> 00:31:40,978 It happened 16 years ago. 655 00:31:41,011 --> 00:31:42,678 GAMBLE: It happens every day. 656 00:31:42,711 --> 00:31:44,311 The girl is still being held. 657 00:31:44,345 --> 00:31:45,511 She's not being held. 658 00:31:45,545 --> 00:31:47,745 She doesn't even know she's kidnapped. 659 00:31:47,778 --> 00:31:49,245 My client has been her parent-- 660 00:31:49,278 --> 00:31:50,978 GAMBLE: Oh, come on, if a kidnapper 661 00:31:51,011 --> 00:31:52,311 went to a lawyer 662 00:31:52,345 --> 00:31:53,678 for the purpose of eluding capture, 663 00:31:53,711 --> 00:31:55,145 there's no doubt 664 00:31:55,178 --> 00:31:57,578 we would consider that an ongoing case. 665 00:31:57,611 --> 00:31:59,178 That's not what's going on here. 666 00:31:59,211 --> 00:32:00,818 Are you sure? 667 00:32:00,851 --> 00:32:02,151 She says she wants to help the victim. 668 00:32:02,185 --> 00:32:03,885 Maybe she's clever. 669 00:32:03,918 --> 00:32:05,585 Maybe she is using you 670 00:32:05,618 --> 00:32:07,851 to check the status of the investigation. 671 00:32:07,885 --> 00:32:09,085 She's not doing that. 672 00:32:09,118 --> 00:32:10,551 You say so. We don't know. 673 00:32:10,585 --> 00:32:12,718 The point is it shouldn't matter. 674 00:32:12,751 --> 00:32:14,818 Sally Burns' daughter is still out there 675 00:32:14,851 --> 00:32:17,718 in the hands of the person who took her. 676 00:32:17,751 --> 00:32:19,585 That's present tense, Your Honor. 677 00:32:19,618 --> 00:32:21,551 This is an ongoing case. 678 00:32:21,585 --> 00:32:22,751 Attorney/client privilege-- 679 00:32:22,785 --> 00:32:24,218 BERLUTI: Even if she's right, 680 00:32:24,251 --> 00:32:26,251 that would give me the choice to break privilege. 681 00:32:26,285 --> 00:32:28,851 It would not incur an obligation on my part to do so. 682 00:32:28,885 --> 00:32:30,551 If a person is in danger-- 683 00:32:30,585 --> 00:32:32,118 I have no knowledge or belief 684 00:32:32,151 --> 00:32:34,085 that any bodily harm would ensue. 685 00:32:34,118 --> 00:32:36,751 I don't have to break privilege and I won't. 686 00:32:36,785 --> 00:32:38,685 And I submit to this court 687 00:32:38,718 --> 00:32:41,218 in close cases and this would be one, 688 00:32:41,251 --> 00:32:43,385 the doubt has to be resolved 689 00:32:43,418 --> 00:32:44,918 in favor of the client. 690 00:32:44,951 --> 00:32:47,518 If not, what are we left with? 691 00:32:47,551 --> 00:32:48,951 We can't have clients thinking 692 00:32:48,985 --> 00:32:51,151 privilege is vulnerable. 693 00:32:51,185 --> 00:32:52,585 When a person goes to a lawyer, 694 00:32:52,618 --> 00:32:54,318 he or she has to know 695 00:32:54,351 --> 00:32:56,918 this confidentiality will be upheld. 696 00:32:56,951 --> 00:32:58,751 Murderers get that privilege. 697 00:32:58,785 --> 00:33:02,391 Rapists, hijackers, they all get that privilege. 698 00:33:02,425 --> 00:33:03,791 Kidnappers do, too. 699 00:33:03,825 --> 00:33:06,191 GAMBLE: Your Honor, I'd prefer to focus 700 00:33:06,225 --> 00:33:08,558 on the rights of the kidnap victim here, 701 00:33:08,591 --> 00:33:11,391 who is still suffering-- BERLUTI: She's not suffering! 702 00:33:11,425 --> 00:33:12,658 KITTLESON: All right. 703 00:33:12,691 --> 00:33:14,825 Ms. Gamble, from a moral standpoint, 704 00:33:14,858 --> 00:33:16,058 I'm with you. 705 00:33:17,225 --> 00:33:19,491 Ms. Burns, speaking as a mother, 706 00:33:19,525 --> 00:33:21,725 I can certainly feel for you, 707 00:33:23,291 --> 00:33:24,258 but as a judge, 708 00:33:24,291 --> 00:33:26,391 I have to side with Mr. Berluti. 709 00:33:26,425 --> 00:33:29,758 Attorney/client privilege is sacrosanct. 710 00:33:29,791 --> 00:33:32,491 It is paramount to our system of justice. 711 00:33:32,525 --> 00:33:35,325 The Commonwealth's petition is denied. 712 00:33:35,358 --> 00:33:36,758 We're adjourned. 713 00:33:39,025 --> 00:33:40,491 SALLY: How can you do this? 714 00:33:40,525 --> 00:33:41,391 Ma'am? 715 00:33:41,425 --> 00:33:44,558 She stole my daughter! 716 00:33:44,591 --> 00:33:45,658 She has my daughter! 717 00:33:45,691 --> 00:33:46,858 How can you do this? 718 00:33:46,891 --> 00:33:47,591 Ms. Burns-- 719 00:33:47,625 --> 00:33:49,425 You have no conscience! 720 00:33:49,458 --> 00:33:50,291 GAMBLE: Okay, Sally. 721 00:33:50,325 --> 00:33:51,991 SALLY: I want my daughter back! 722 00:33:52,025 --> 00:33:54,491 GAMBLE: Sally-- SALLY: I want my daughter. 723 00:34:08,131 --> 00:34:10,665 I would have thought they'd be open by 9:00. 724 00:34:15,965 --> 00:34:17,565 Are you a client? 725 00:34:17,598 --> 00:34:19,398 No. 726 00:34:19,431 --> 00:34:20,198 Are you? 727 00:34:20,231 --> 00:34:21,898 Oh, no. 728 00:34:21,931 --> 00:34:22,965 I'm a lawyer. 729 00:34:22,998 --> 00:34:25,998 Actually hoping to get a job here. 730 00:34:26,031 --> 00:34:27,931 They keep bringing me in for all these call backs. 731 00:34:27,965 --> 00:34:29,765 I'm about to pull my hair out. 732 00:34:29,798 --> 00:34:31,465 Is this considered a good place to work? 733 00:34:31,498 --> 00:34:32,931 Oh, excellent. 734 00:34:32,965 --> 00:34:33,798 It's one of the top three 735 00:34:33,831 --> 00:34:35,365 criminal practices in the state. 736 00:34:36,331 --> 00:34:38,698 The place to come if you're a criminal, huh? 737 00:34:39,398 --> 00:34:41,465 Well, that's one way to look at it, I guess. 738 00:34:56,765 --> 00:34:59,605 I'm a pretty good judge of character, Mr. Berluti. 739 00:35:01,171 --> 00:35:02,805 You strike me 740 00:35:02,838 --> 00:35:04,905 as a decent man. 741 00:35:05,338 --> 00:35:07,505 I can't have this conversation. 742 00:35:07,538 --> 00:35:10,705 Do you believe in God, Mr. Berluti? 743 00:35:11,005 --> 00:35:12,871 Ms. Burns, 744 00:35:12,905 --> 00:35:15,605 I represent a person with interests 745 00:35:15,638 --> 00:35:18,138 contrary to yours. 746 00:35:18,171 --> 00:35:20,005 It would be unethical for me 747 00:35:20,038 --> 00:35:22,205 to have any dialog with you. 748 00:35:23,105 --> 00:35:25,038 Can you tell me 749 00:35:26,971 --> 00:35:28,905 what my daughter looks like? 750 00:35:30,871 --> 00:35:31,905 No. 751 00:35:33,571 --> 00:35:36,238 Can you tell me 752 00:35:36,271 --> 00:35:37,805 whether or not 753 00:35:37,838 --> 00:35:39,738 she's a good person? 754 00:35:40,438 --> 00:35:42,271 I don't really know her, 755 00:35:42,305 --> 00:35:44,005 but she struck me 756 00:35:44,038 --> 00:35:46,038 as an excellent person. 757 00:35:58,305 --> 00:35:59,271 Rebecca? 758 00:35:59,305 --> 00:36:00,978 Eugene and I talked about it. 759 00:36:01,011 --> 00:36:02,378 We both agree. 760 00:36:02,411 --> 00:36:05,611 She probably exudes the most moral integrity, 761 00:36:05,645 --> 00:36:07,445 I think passion, too. 762 00:36:07,478 --> 00:36:09,645 Our grounds are good, 763 00:36:09,678 --> 00:36:11,911 but we're not going to win unless the justices, 764 00:36:11,945 --> 00:36:14,011 for some reason, want us to. 765 00:36:14,045 --> 00:36:16,278 So Bec's passion, I think, 766 00:36:16,311 --> 00:36:17,778 is our best strength. 767 00:36:19,011 --> 00:36:20,078 Okay. 768 00:36:22,478 --> 00:36:24,211 Listen, I thought about, um, 769 00:36:25,711 --> 00:36:27,345 bringing Bobby here to say 770 00:36:27,378 --> 00:36:29,745 goodbye because, you know, 771 00:36:30,778 --> 00:36:34,045 I didn't want him to see you all shackled. 772 00:36:36,411 --> 00:36:38,711 Yeah. 773 00:36:38,745 --> 00:36:40,045 When? 774 00:36:40,078 --> 00:36:41,745 2:00. 775 00:36:41,778 --> 00:36:42,945 After his nap. 776 00:36:43,578 --> 00:36:44,778 Okay. 777 00:36:48,278 --> 00:36:50,278 I'm never going to get out, am I, Bobby? 778 00:36:55,611 --> 00:36:57,145 Of course you will. 779 00:37:06,451 --> 00:37:07,384 I got the job? 780 00:37:07,418 --> 00:37:08,551 Congratulations. 781 00:37:08,584 --> 00:37:10,584 STRINGER: Oh, I don't believe it! 782 00:37:10,618 --> 00:37:12,384 I was so sure I offended you. 783 00:37:12,418 --> 00:37:13,418 Me? 784 00:37:13,451 --> 00:37:14,551 Get out of town. 785 00:37:14,584 --> 00:37:15,884 When do I start? 786 00:37:15,918 --> 00:37:16,884 When can you start? 787 00:37:16,918 --> 00:37:18,818 STRINGER: Hello? How about yesterday? 788 00:37:18,851 --> 00:37:20,785 Does yesterday work for you? 789 00:37:20,818 --> 00:37:22,885 I think she's excited. 790 00:37:22,918 --> 00:37:24,085 STRINGER: Oh, God. 791 00:37:24,118 --> 00:37:26,351 I need to call my parents. 792 00:37:28,151 --> 00:37:29,051 Oh! 793 00:37:31,218 --> 00:37:32,685 What's going on? 794 00:37:32,718 --> 00:37:34,385 Ms. White-- BERNICE: No, never mind that. 795 00:37:34,418 --> 00:37:35,918 What's wrong? What's wrong? 796 00:37:35,951 --> 00:37:36,818 First, you're calling me 797 00:37:36,851 --> 00:37:39,218 saying it's really important that we meet 798 00:37:39,251 --> 00:37:40,585 and then I see you on television 799 00:37:40,618 --> 00:37:44,351 concerning a crime that I have been suspected of for 16 years. 800 00:37:44,918 --> 00:37:46,851 So I'm asking you again, Mr. Berluti, 801 00:37:46,885 --> 00:37:48,951 what the hell is going on? 802 00:37:48,985 --> 00:37:51,618 Bernice White, please place your hands behind your back. 803 00:37:51,651 --> 00:37:53,085 BERNICE: What? McGUIRE: You're under arrest 804 00:37:53,118 --> 00:37:54,618 for kidnapping. Hold on a second. 805 00:37:54,651 --> 00:37:55,918 Jimmy-- I just wanna know 806 00:37:55,951 --> 00:37:56,751 what's going on. 807 00:37:56,785 --> 00:37:58,385 We're arresting your client, Jimmy. 808 00:37:58,418 --> 00:37:59,285 No, I'm not his client! 809 00:37:59,318 --> 00:38:00,558 Tell them I'm not your client! 810 00:38:00,591 --> 00:38:01,625 She-- YOUNG: We neither confirm 811 00:38:01,658 --> 00:38:03,058 nor deny that she is our client. 812 00:38:03,091 --> 00:38:04,558 What? Tell them! 813 00:38:04,591 --> 00:38:07,225 We neither confirm nor deny she is our client. 814 00:38:07,258 --> 00:38:08,358 Take her. 815 00:38:08,391 --> 00:38:09,591 No, I didn't do anything! 816 00:38:09,625 --> 00:38:10,758 I didn't do anything! 817 00:38:10,791 --> 00:38:12,458 These people called me! 818 00:38:12,491 --> 00:38:14,091 Tell them! 819 00:38:16,391 --> 00:38:17,925 Eugene, we can't-- 820 00:38:17,958 --> 00:38:19,791 Jimmy, my office. 821 00:38:32,125 --> 00:38:33,758 By denying she's our client, 822 00:38:33,791 --> 00:38:35,291 we betray Melissa Halpern. 823 00:38:35,325 --> 00:38:38,291 Eugene, they basically just arrested that woman 824 00:38:38,325 --> 00:38:40,258 for entering our offices. 825 00:38:40,291 --> 00:38:42,391 I was the one who called her down here. 826 00:38:42,425 --> 00:38:43,291 That is an unfortunate result, 827 00:38:43,325 --> 00:38:44,758 but we can't change it. 828 00:38:44,791 --> 00:38:46,425 We continue to honor the privilege. 829 00:38:46,458 --> 00:38:47,958 We say nothing. 830 00:38:49,225 --> 00:38:51,091 That woman will be on the news tonight 831 00:38:51,125 --> 00:38:52,891 pegged for the crime again! 832 00:38:52,925 --> 00:38:56,191 Jimmy, she's not our client! 833 00:39:01,431 --> 00:39:04,065 DOLE: Okay. What about that? 834 00:39:04,098 --> 00:39:05,365 It's kind of hard to tell. What is that one? 835 00:39:05,398 --> 00:39:06,431 (babbles) 836 00:39:06,465 --> 00:39:07,598 Silly. 837 00:39:07,631 --> 00:39:09,631 No, blue! 838 00:39:10,165 --> 00:39:12,765 DOLE: What if we put blue 839 00:39:12,798 --> 00:39:15,265 and yellow... 840 00:39:15,298 --> 00:39:16,631 together? 841 00:39:16,665 --> 00:39:17,965 What does that make? 842 00:39:17,998 --> 00:39:19,065 Red. 843 00:39:19,098 --> 00:39:20,365 Silly. 844 00:39:20,398 --> 00:39:21,298 Green. 845 00:39:21,331 --> 00:39:22,265 DOLE: That's right. 846 00:39:22,298 --> 00:39:24,065 You've got it. 847 00:39:24,098 --> 00:39:25,765 The rainbow. 848 00:39:25,798 --> 00:39:27,865 BOBBY: I want that, too. 849 00:39:32,398 --> 00:39:33,565 Okay. 850 00:39:36,031 --> 00:39:37,898 Okay, mommy's gotta go now. 851 00:39:37,931 --> 00:39:39,231 No. 852 00:39:39,265 --> 00:39:42,031 I'm gonna go... 853 00:39:42,065 --> 00:39:44,331 live in a different place for a while, 854 00:39:45,031 --> 00:39:48,298 but you're gonna visit me all the time, 855 00:39:48,931 --> 00:39:51,765 just like we talked about, okay? 856 00:39:55,565 --> 00:39:56,831 I need a hug. 857 00:39:56,865 --> 00:39:58,331 Can I have a hug? 858 00:39:58,365 --> 00:40:00,371 Just a little, itty-bitty hug? 859 00:40:04,238 --> 00:40:05,605 I love you so much. 860 00:40:06,705 --> 00:40:09,638 (music playing) 861 00:40:15,871 --> 00:40:17,105 Get me out. 862 00:40:18,238 --> 00:40:21,071 Please get me out. 863 00:40:21,105 --> 00:40:22,338 I will. 864 00:40:23,871 --> 00:40:25,805 Please, Bobby. 865 00:40:25,838 --> 00:40:27,438 Please. 866 00:40:27,471 --> 00:40:28,505 Please. 867 00:40:32,971 --> 00:40:35,138 I will. 868 00:40:35,171 --> 00:40:36,271 I will. 869 00:40:37,971 --> 00:40:39,338 I love you. 870 00:40:39,371 --> 00:40:40,171 I love you, too. 871 00:40:41,705 --> 00:40:42,638 Okay, buddy. 872 00:40:42,671 --> 00:40:45,605 (music playing) 873 00:41:23,478 --> 00:41:25,678 GAMBLE: It's a circumstantial case, no doubt, 874 00:41:25,711 --> 00:41:29,245 but we have the eyewitness from 16 years ago 875 00:41:29,278 --> 00:41:31,678 whose description matched Bernice White. 876 00:41:31,711 --> 00:41:34,911 We know the kidnapper hired Mr. Berluti. 877 00:41:34,945 --> 00:41:37,645 We know Ms. White has gone into Mr. Berluti's office 878 00:41:37,678 --> 00:41:40,211 twice in the last two days. 879 00:41:40,245 --> 00:41:43,011 Proving her guilty isn't my concern. 880 00:41:43,045 --> 00:41:44,545 Locating the girl, that may prove 881 00:41:44,578 --> 00:41:46,511 to be more difficult. 882 00:41:46,545 --> 00:41:50,345 A mother has been missing her child for 16 years. 883 00:41:50,378 --> 00:41:52,178 If Ms. White has any sense 884 00:41:52,211 --> 00:41:54,545 of decency or humanity, 885 00:41:55,278 --> 00:41:57,445 she'll help us here. 886 00:41:57,478 --> 00:41:59,918 If she's got a conscience, 887 00:41:59,951 --> 00:42:01,151 we feel we have a real chance. 888 00:42:01,185 --> 00:42:04,118 (music playing) 889 00:42:15,518 --> 00:42:16,585 YOUNG: Next on "The Practice". 890 00:42:16,618 --> 00:42:18,885 A witness saw you leave with the baby. 891 00:42:18,918 --> 00:42:21,251 And now with the police aren't telling you, 892 00:42:21,285 --> 00:42:22,985 they've now located the woman 893 00:42:23,018 --> 00:42:24,485 you gave the baby to. 894 00:42:25,585 --> 00:42:27,151 BERLUTI: Bernice White confessed. 895 00:42:27,185 --> 00:42:28,685 For a crime she didn't commit? 896 00:42:28,718 --> 00:42:30,851 I'd like to represent Bernice. 897 00:42:30,885 --> 00:42:32,885 You lied to her. I'm allowed to do that. 898 00:42:32,918 --> 00:42:34,685 I'm going right into court. 899 00:42:35,218 --> 00:42:37,851 And what was your proposal on lethal force? 900 00:42:37,885 --> 00:42:41,118 Referring the court to page-- 901 00:42:41,151 --> 00:42:42,251 You have to have it ready. 902 00:42:42,285 --> 00:42:43,451 Okay. 903 00:42:43,485 --> 00:42:44,851 DOLE: Is Rebecca really the one to argue? 904 00:42:44,885 --> 00:42:47,051 She's never even appeared before the appeals court. 905 00:42:47,085 --> 00:42:48,418 This is the SJC. 906 00:42:48,451 --> 00:42:49,618 She's ready. 907 00:42:51,885 --> 00:42:54,818 (music playing) 908 00:43:17,725 --> 00:43:19,258 WOMAN: You stinker! 909 00:43:19,525 --> 00:43:22,325 (music playing) 62278

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