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DONNELL: Last season on
"The Practice"
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We need to talk, Clarice.
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There's a restraining order.
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You just screwed up.
O'MALLEY: I promise.
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I'm not here to cause
anybody any harm.
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I just need to talk to her.
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Get out before I throw you out!
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O'MALLEY:
You're in danger, Clarice.
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He is coming for you.
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Only I can save you.
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Why don't you go on ahead
without me?
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(gunshot)
Lindsay!
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(gun shots)
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WALSH: She just shot him dead
in cold blood.
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This was first-degree homicide.
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We've heard testimony
of another client
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who terrorized your wife.
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What happened to him?
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He was killed.
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WALSH: He was murdered
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and you were arrested
for conspiracy
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to commit murder.
I was acquitted.
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WALSH: I smell a pattern,
threaten Lindsay Dole,
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you get killed.
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Objection!
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GAMBLE: Lindsay
killed an unarmed man.
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The burden of an excuse
is on you.
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DONNELL: None of us
think of you as a murderer
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because you're not.
I was there.
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I saw it.
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You snapped.
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Okay.
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When he came,
I knew it was probably him,
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but I opened my door anyway.
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I wasn't gonna be a victim.
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It was my house.
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And after you opened the door?
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I killed him.
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WEST: Madam foreperson,
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the jury has reached
a unanimous verdict?
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WOMAN: We have, Your Honor.
WEST: What say you?
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WOMAN: We find the defendant,
Lindsay Dole, guilty.
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(indistinct chatter)
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(music playing)
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They're bringing her in.
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MAN: Commonwealth
versus Lindsay Dole, sentencing.
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Mr. Walsh?
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I have nothing, Your Honor,
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other than to remind the court
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that the crime
for which Ms. Dole
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was convicted is murder.
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The taking of human life
is not only an act
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against that life
but a crime against law,
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humanity, the Commonwealth,
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and we feel that
the statutory sentence
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is appropriate.
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Mr. Young?
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Your Honor, we would ask
the court at this time
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to convert Ms. Dole's conviction
from first-degree murder
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to voluntary manslaughter.
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The Commonwealth opposes.
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YOUNG: You have before you
the psychological examinations
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done by both the Commonwealth
and the defense
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which all conclude
that Ms. Dole's state of mind
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was severely compromised
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at the time
she committed this crime.
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The court can also take
judicial notice of the facts.
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Ms. Dole did not act
with any aforethought.
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There was no premeditation.
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Her own husband
was in the line of fire.
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Now, while the jury
was certainly free to reject
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the defense of legal insanity,
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Ms. Dole's actions
just as certainly fall
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within the scope
of heat of passion.
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A killer came to her door,
threatened her,
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and she reacted.
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Your Honor, can
and should find that Ms. Dole
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committed her act
while under the influence
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of extreme mental
and emotional disturbance
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for which there
was a reasonable excuse.
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This fits the classic
definition of manslaughter,
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not murder one, not murder two,
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but voluntary manslaughter.
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Accordingly, this verdict
is contrary to the evidence.
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It is contrary to the law,
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and I would respectfully request
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that you adjust the verdict
to the appropriate degree.
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The jury heard testimony
of how Ms. Dole threatened
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to kill the victim
the very day of the shooting.
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Those were her words.
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The jury heard Ms. Dole's voice
on the phone
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evidencing a calm demeanor,
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no passion whatsoever,
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seconds before the shooting.
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Personally, I've never even
seen a manslaughter with a gun.
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Manslaughter is usually
a fist, a vehicle,
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a fight, sometimes a stabbing.
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But when a woman walks
from her door,
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retrieves her purse,
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retrieves a handgun
from within that purse,
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shoots the man who is still
standing by the door,
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that's not manslaughter,
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and I will remind the court
of something you already know,
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you are not entitled
to simply substitute
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your judgment
for that of the jury's.
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00:05:00,700 --> 00:05:03,166
You can only override
the first-degree conviction
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if you find there
is no reasonable basis for it.
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00:05:05,500 --> 00:05:08,633
Here, you cannot make
such a finding.
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As such,
I respectfully request
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that you allow the jury's
verdict to stand.
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WEST: Ms. Dole, do you have
anything you'd like to say?
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I would like to express
my condolences
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to the family
of Lawrence O'Malley.
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I would also like
to assure the court
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the lack of remorse
I seemingly demonstrated
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in my phone call
to the police that night...
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was more a product of my shock
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than the person
I think and hope I am.
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I took a human life.
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I had the opportunity
to retreat.
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I didn't do so.
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I accept responsibility
for a homicide conviction.
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I committed a homicide,
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but given my shock,
and my fear,
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and the underlying trauma
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I was experiencing
from past assaults against me,
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I feel my judgment
and state of mind
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were compromised.
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And that the crime I'm guilty
of is more consistent
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with voluntary manslaughter.
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Thank you.
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(music playing)
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WASHINGTON: Did he say
when he would rule?
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DONNELL: No.
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It's good that he took
it under advisement.
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00:07:26,880 --> 00:07:29,546
DONNELL: But bad he wouldn't
let us call witnesses.
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What is with the heat?
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You said it was being fixed.
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It is. It should.
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What the hell is wrong
with it?
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Do I look like a plumber?
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A plumber fixes water,
Rebecca.
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Tell me you
didn't know that.
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You want to get off my back,
Ellenor?
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What happens
when your toilet clogs,
146
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you call an electrician?
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My toilet never clogs,
Ellenor.
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Do you have that problem?
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What's that supposed to mean?
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Not a thing.
Not a thing?
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Only you seem a little edgy.
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DONNELL: Ellenor, you do seem
a little on edge.
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I'm hot!
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DONNELL: Fine.
It'll all be fixed today.
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We got a walk-up.
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Anybody?
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DONNELL: Jimmy.
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I took the last one.
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WASHINGTON: No, I did.
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Well, how about you, Ellenor?
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I have Jamie Stringer at 10:00,
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who, by the way,
you called back.
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Not just me. Eugene liked her.
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Jimmy, just take the walk-up.
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(sighs)
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It's always me.
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HATCHER: James Berluti,
Melissa Halpern.
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BERLUTI: Hi.
Hello.
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This is my daughter, Joey.
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BERLUTI: Nice to meet you.
Nice to meet you.
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How can I be of help?
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Is there someplace you
and I could speak privately?
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Of course.
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MELISSA: I told my daughter
that this was just about
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insurance and so forth, but...
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(sighs)
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...that isn't it.
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First, I need to know
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that what I tell you
will remain confidential.
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Absolutely.
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Please.
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I wanted you to meet
my daughter to, um,
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well, I guess
for some perspective.
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Sixteen years ago,
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I kidnapped her.
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I was into drugs
and I got this inane notion
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that having to take care
of a child
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would be a kind
of a lifeline to--
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I just grabbed her out
of a hospital
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when she was a newborn,
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and I've been raising her
ever since.
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Does your daughter know?
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MELISSA:
No, and it's imperative
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that she never find out.
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It would destroy her.
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I also have two small
children, a family.
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I mean,
if this ever got out,
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many lives would be destroyed.
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So why are you here?
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00:09:41,160 --> 00:09:42,060
Um...
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00:09:43,026 --> 00:09:45,660
I recently read
a magazine article
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about two lives
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that have been destroyed
the birth mother
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and the woman they accused
of stealing Joey.
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BERLUTI: Another woman
was convicted?
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00:09:54,160 --> 00:09:56,060
MELISSA: No,
they never pressed charges
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due to lack of evidence,
but evidently,
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the cloud of suspicion
followed her, and--
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00:10:00,433 --> 00:10:02,033
well, the irony is
that she went on
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to get into some
of the same drug problems
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that I was looking
to escape.
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00:10:12,133 --> 00:10:13,833
I don't wanna turn
myself in.
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00:10:14,533 --> 00:10:17,433
It isn't an option,
but two things in this article,
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the birth mother,
she says the horror
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00:10:20,000 --> 00:10:22,166
lives on every day
of not knowing what happened,
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00:10:22,200 --> 00:10:25,133
whether her daughter
is dead or--
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00:10:25,166 --> 00:10:28,266
she said that if
she could just know
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that her daughter
has a good life somewhere
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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
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00:10:35,200 --> 00:10:36,666
could know she was innocent,
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00:10:36,700 --> 00:10:37,866
even one...
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00:10:39,466 --> 00:10:42,566
I would like you to go
to the birth mother
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00:10:42,600 --> 00:10:44,966
and tell her how happy
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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
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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...
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00:10:56,866 --> 00:10:58,300
two money orders,
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00:10:59,100 --> 00:11:01,206
each in the amount of $70,000.
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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?
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00:11:13,473 --> 00:11:17,306
FRUTT: Obviously, your academic
credentials are superb.
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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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