Original subtitles

SHORE: Previously on "The Practice"...

Suddenly, airport security comes

and tells me I have to get off

because I was too fat to fly.

ASHFORD: The statute of limitations

for suing us has expired.

I would just tell the client that we settled,

pay them out of my own pocket,

and avoid the whole malpractice thing.

They've agreed to pay you $10,000.

Tell them no.

FRUTT: This woman thinks the airline

offered her $10,000?

Just help me.

Tell your client the truth.

There's something you need to know.

I already know.

And all I can say is thank you.

Mr. Torrance came to my house this morning.

STRINGER: He went to Melissa Kenner

and pretended to be somebody from the airline

and settled the case.

Well, any chance I get to break a law.

Why are we having lunch?

SHORE: I think I enjoy the company

of inquisitive people.

Also, I find you attractive.

I was so sure

after the case was over that--

SHORE: That you were expendable?

Just the opposite, Diane.

It's not a Jewish thing.

What is it, then?

STRINGER: A man-woman thing.

I want a break up.

Jamie, you and I, it's just a thing.

We both know that. It's no big deal.

(music playing)

What are you doing?

Just looking.

You're just looking?

I leave.

I perhaps should've shared

that prior to getting intimate,

but...

in relationships,

I leave.

Are you leaving now?

Only to go to work.

I don't mean to suggest

any waning interest on my part.

To the contrary, um,

but in the spirit of honesty--

You leave?

(indistinct chatter)

WILSON: Okay, you'll be transported

to the courthouse tomorrow at 8:00 A. M.

The trial is scheduled for 9:00.

When do I see my lawyer?

Mr. Berluti will be waiting for you

at the courthouse,

as will I.

You might want to think about a plea.

Aggravated rape

could be as much as 25 years.

Can I ask you something?

Certainly.

WILLS: How is it that I'm going on trial tomorrow

facing 25 years,

and I haven't seen my lawyer in weeks?

He's been working on the case,

and he's quite prepared.

I assure you,

you're in very capable hands.

(music playing)

YOUNG: What are these?

They're for Jamie, actually.

Wow, orchids in November.

Who from? We don't know.

You ready?

Uh, a little heads up,

the client's slightly perturbed,

not having seen you.

Okay, let's go.

And Jimmy, hold on a second.

You haven't seen your client?

Not since the arraignment.

Tara's been doing the back and forth with him.

I've been prepping the case from here.

Hey, you're the one who said,

"Watch our time on the court-appointed cases." Eugene.

So-- I said, "Draw limits."

I never said, "Don't bother to meet

with the client."

I'm ready to try the case.

Don't worry.

Come on, Tara.

Nice.

Who from?

This is kind of private.

Somebody Jewish, I hope.

SAMUEL: I arrived home,

I think it was just after 8:00 P. M.

I was picking up Jessica to go out to dinner.

It was her 21st birthday.

Jessica is your daughter?

SAMUEL: Yes.

I came into the house,

and I immediately heard noise

coming from somewhere.

What kind of noise, sir?

Well, I really couldn't identify it at first,

but then I went into the living room

and, uh, I,

I saw the cause of the noise.

What did you see, sir?

(voice breaking) I saw my daughter...

being raped.

WEBB: I know this is difficult, sir,

but can you describe for the jury

exactly what you saw?

SAMUEL: Jessica was on her back,

on the floor.

That man over there was on top of her.

Her pants were pulled down,

his too,

and he was forcing himself inside of her.

WEBB: Are you sure this is the man

you saw on top of your daughter?

SAMUEL: I am positive...

it was him,

it was him.

WEBB: What happened next, Mr. Palmer?

I picked up a shovel

by the fireplace,

and I knocked him unconscious.

Then I called 911.

I tied him up with an electrical cord.

The police came and got him.

WEBB: And could you describe for the jury

the condition of your daughter?

She was beyond hysterical.

WEBB: I'm done, Your Honor.

(music playing)

You said, sir, you heard noises

when you entered.

Did you hear screams?

I said before, I couldn't identify

the noises.

BERLUTI: When you saw what you saw,

would it be fair to say

it caused you feelings of shock?

That would be fair.

BERLUTI: Did you see any weapon

in my client's possession?

No.

Nothing further.

You didn't do nothing!

Look, Derrick, this was the father of the victim.

You got to walk a careful line.

I'm the victim here, Mr. Berluti!

Do we not understand that?!

BERLUTI: In the eyes of the jury,

this man was sympathetic.

It would have been a mistake for me

to beat him up.

So you did nothing?!

No.

I established that he didn't hear screams,

which, as the girl's father,

he would've remembered hearing.

I established that he went into shock

upon seeing the event.

Shock compromises capacity to observe.

Did you explain to Mr. Mills

that our theory of defense--

MILLS: Why haven't you explained it to me, huh?!

She's a law student.

Where the hell have you been?!

We got a problem, Mr. Mills?

'Cause if we do,

I got an easy suggestion.

We can go see the judge,

tell her you want a different lawyer.

I doubt she'll give you one

middle of the trial,

but, hey, it's worth a shot.

You like to take your shots

where you find them, huh, Derrick?

WILSON: All right.

This isn't helping.

He seems like a nice guy.

He's angry.

Yeah, I picked up on that.

Jimmy...

if I could play the role of a naive

law student for a second,

there's no chance that he could be innocent,

is there?

What are you talking about?

You're the one who's been saying he's guilty.

WILSON: I know.

I'm sure that he is.

It's just that he's so indignant.

Lesson number one, Tara,

the guiltier they come,

the more indignant they get

about being arrested.

Right.

(sighs) Good.

Is there a problem?

No.

Excellent.

So, you are here to--

Alan, I don't like "I'm leaving"

to be the first words out of a man's mouth

in the morning,

especially after I've slept with him

the night before.

Could we perhaps discuss this later?

Oh, I'm not here for confrontation, Alan,

only some clarity.

Will we be seeing each other again?

Would tonight be soon enough?

Yes.

Fine, then.

The man Roland Huff shot,

wasn't that his sister?

I believe it was, yes.

You slept with her?

I did, actually.

Thank you for asking.

Alan.

Do you mind?

Sorry, I, uh, uh--

Thought they were firm flowers?

Well, since they were out in the open--

I left them on my desk.

Okay.

Sorry.

You settled Melissa Kenner's case

for $25,000?

Uh, oh, yeah.

She was very pleased,

hence the flowers.

Well, how come you never told me

about the settlement?

I mean, that's a pretty good result.

Well, I don't know.

I don't talk about all my cases, Eugene.

Where's the money?

Sorry?

YOUNG: Our contingency.

There are no funds in the client's account,

so when's the money coming in?

Soon.

Very soon.

(music playing)

What's this?

The contingency on Melissa Kenner.

I can't make deposits since I'm an associate,

so I'm giving it to you as a partner.

FRUTT: I'm confused.

We deduct contingencies,

and then we pay the client.

Why is this check-- JAMIE: I forgot.

The client got the whole thing.

She cut a money order for us.

You forgot?

You just gave the client the whole thing?

Look, we got the money.

Can you just make the deposit?

Hello!

Melissa!

We were just talking about you.

KENNER: I brought a little surprise.

Did you get my flowers?

I did.

Thank you so much.

MELISSA: Well, I just thought--

Mr. Torrance.

What are you doing here?

Oh, well, I work here.

KENNER: You work here?

I don't understand.

STRINGER: Melissa. You work for the airline?

The airline?

SHORE: It's just in-house counsel

for a big airline.

It just wasn't my calling.

And I was so overwhelmed

by Jamie's dedication to you,

it so warmed

the cockles of my heart,

I was inspired to shift

career direction.

Thank you, Melissa,

for both the new life

and the warm cockles.

JESSICA: I was trying to find my way back

to Storro Drive,

and I pulled over to ask for directions.

And suddenly,

he just jumped in.

Who jumped in?

Him.

He told me he had a knife,

and he told me to drive.

Did you see the knife?

No.

WEBB: Okay.

Then after he told you to drive,

then what happened, Jessica?

He reached inside my purse,

pulled out my wallet and my license.

He saw the Beacon Hill address.

He said he wanted some nice

Beacon Hill things.

And he said if we didn't go there,

that he'd kill me.

WEBB: So you drove to your home?

JESSICA: Yes.

He just wanted some stuff

to sell to get drugs,

so I took him in.

He looked around,

and then...

then he said first

he wanted some...

recreation.

And that was the word he used

"Recreation."

Then he grabbed me.

I tried to scream, but he--

Take your time.

He pushed me to the floor

and...

he pulled off my jeans.

I was just...

I was saying to myself,

"Dear God...

please, just let me pass out."

WEBB: Did you pass out?

And then,

he was inside me.

He was inside me.

WEBB: Jessica,

at any time...

did you consent to having sex

with the defendant?

No.

God, no.

WEBB: Thank you, Jessica.

Jessica,

an allegation of rape,

that's a very serious thing.

When you accuse a man of rape,

he could lose his freedom.

Does counsel have a question?

Did you willingly have sex with my client

only to claim rape after your dad walked in?

JESSICA: No.

He forced me.

BERLUTI: I see.

And have you ever claimed

somebody raped you before

after having-- Objection!

Sustained.

Cut it out, counsel.

BERLUTI: Isn't it true

you invited my client

back to your house?

No.

It is not true.

And I did not extend

an invitation to be raped.

Nothing further.

That went well.

Jimmy, it might be my imagination,

but when you asked if she had ever claimed

rape before... What?

Well, it just seemed that the district attorney

was ready for the question.

He pounced to shut it down.

What are you saying?

You might have stumbled onto something.

I wasn't in on it. He just did it.

He pretended to be a representative

of the airline?

Yes.

First, why didn't you stop him?

And second, why didn't you tell me or Eugene?

I didn't know he was going to do it, Ellenor.

And I didn't tell you

to protect both him and you.

Jamie, you are a second-year associate.

It is not your call

whether to tell or not

on something like this!

The guy went to bat for me.

How-- FRUTT: I don't care.

You report to a superior,

either me or Eugene,

no exceptions.

Alan...

could you come into my office, please?

Have I been bad?

WILSON: Oh God, Jimmy.

Here it is.

What?

Page 32.

"Victim's father reports

two previous unconfirmed

claims of rape.

Investigated.

Unsubstantiated. Unsubstantiated.

No arrests made.

How could we have missed this?

It's practically a scribbled footnote.

Look, it notes even the father doubted

the validity of the prior claims.

She tells her father

she was raped, twice.

The claims are dismissed.

So she sets it up

for him to walk in on her,

so he'd have to believe her.

(music playing)

You got fired from your last firm

for embezzling. Allegedly.

You threatened extortion

your first week here.

That was an accident.

Break privilege, for which you almost

got disbarred.

Horseshoes.

Sleep with witnesses.

Just the one.

And now I find out

you actually impersonated

an opposing party

so you could settle a case.

That's not just fraud,

that's probably criminal.

Alan, look at me.

You are seriously self-destructive.

Isn't everybody?

Look, I adore you, you know that

but this firm is my life.

I have to tell Eugene.

May I ask why?

FRUTT: He's a fellow partner.

I have a fiduciary responsibility to him.

And you are exposing him

to enormous liability,

as you are Jimmy and me.

Alan, you are an amazing lawyer

but I don't think

it's gonna work out here.

Are you firing me?

I'm gonna talk to Eugene,

but...

I...

But you don't think

it's gonna work out here?

The difficult thing about firing him--

Aside from him being your friend.

Is that, once again,

he fell on the sword for somebody else,

this time for the firm,

as well as for Jamie.

And he did save us

from a malpractice judgment.

And possibly exposed us

to something much worse.

Eugene...

since I am his friend,

I'm gonna have to let you make the call here.

In the spirit of objectivity,

I just can't bring myself to do it.

Okay.

Ellenor...

in the spirit of objectivity,

you're gonna have to deal with Jamie.

She's complicit, too.

KITTLESON: All right, Mr. Berluti,

you may begin your defense.

Thank you, Your Honor.

The defense recalls Jessica Palmer.

I'm sorry, Your Honor, but if this involves

a continuation of cross--

This is something new.

WEBB: Well, I'd appreciate a proffer.

Counsel, step up.

What is going on?

Evidence has come to light

that Ms. Palmer has made claims of rape before,

and I'd like-- This is rape shield.

You can't get into this.

I can't get into it?

None of us will get into it here.

Chambers.

Her sexual past is off-limits.

Any questions relating to her--

This goes to her credibility,

not her sexual past.

This woman alleged rape how many times?

BERLUTI: Two, both times to her father,

who was dubious himself--

You can't say this.

I can't say it?

If she goes around claiming rape--

WEBB: First of all,

you can't prove these claims were false,

and even if you could,

it still falls within rape shield.

False rape accusations

by the victim are not admissible

unless a four-prong test is satisfied,

one prong being...

the victim is the only prosecution witness,

which here she isn't.

We have an eyewitness to the rape.

Her father.

It doesn't matter.

I'm not looking to impugn the woman's sexual past.

This is only being introduced to impeach--

KITTLESON: I understand,

but there's no impeachment exception,

and even if there were,

you have a slew of problems, counsel.

First, Mr. Webb states the law correctly.

Your Honor-- KITTLESON: And second,

victim's testimony...

has to be confused or inconsistent.

Hers wasn't.

Let me question her. KITTLESON: And third,

you have to file all questions

regarding her sexual past before trial.

You didn't.

Because I didn't know.

And whose fault is that?

It was in the file.

Did you read it?

They buried it deep in the file,

barely a footnote.

They didn't want us to find it.

But it was there.

Your Honor, come on.

This woman has perhaps

falsely claimed rape before.

How could it be possible

that the jury doesn't get to hear this?

You can write your congressman

if you don't like the law, counsel.

In here, we simply follow it.

Any and all evidence

of prior rape accusations

will not be introduced.

You can't even raise it?

No.

How could this possibly be?

There are specific laws.

Don't I have the right to confront my accuser?

Unfortunately, not in rape cases.

Look, I know this is unfair.

I don't know what to say.

So what happens next?

We put you up, you tell your story.

WILSON: Derrick,

as entitled as you are to your anger,

you can't let it overtake you in there.

This is important.

Anger is consistent with a rapist.

You need to keep it together.

I'm not firing you.

But if this were a big firm

or perhaps any firm other than this one,

you would be fired.

You do know that?

What's happening to Alan?

It's Eugene's decision, so...

he's likely gone.

Did you hear what I just said?

SHORE: I did.

Well...

do you have a response?

I'm sure I do.

But I'm distracted at the moment.

Could I get back to you?

I have given you an opportunity.

Perhaps your last opportunity

to account for yourself.

You need to tell me your thinking now.

SHORE: Eugene, trust me,

if I shared my thoughts with you,

you'd regard them as disrespectful

rather than a product of my preoccupation,

which I assure you, is...

all it is.

Talk.

Okay.

I went to bed with a...

lovely woman the other night.

She had an extremely fetching body,

which...

believe it or not,

I wasn't aware of prior to the lovemaking.

The reason for that is,

she dresses to desexualize herself,

and that led me to believe

there's perhaps some...

dark back story

I'm not privy to.

I do know she seem sad,

and then it got me to thinking

most of my relationships have been with sad women

and I was wondering why.

What does that say about me?

In the end, it always comes back to me.

Comments?

She picked you up?

Yes.

I was on my way home from work.

BERLUTI: What do you do, sir?

MILLS: I'm a foreman at a furniture warehouse.

I was on my way home, walking down Tremont, and...

she pulled over to ask me for directions.

BERLUTI: Jessica Palmer?

MILLS: Yes.

And then she started talking me up.

Then she asked me if I wanted to climb in

and go for a drive.

She invited you into her car?

MILLS: I know.

It struck me as strange, too.

Plus she seemed shy, so...

what she was saying wasn't exactly

in keeping with her scared-like personality,

but that's what happened.

BERLUTI: Okay.

So, you got in? MILLS: Yes.

Then she started talking about it was her 21st birthday

and telling me how she had lived a sheltered life

and how she hadn't lived,

how she hadn't done wild things,

and stuff like that. And the next thing,

she's inviting me back to her place.

Just like that?

MILLS: Just like that.

It's the truth.

BERLUTI: And you said yes?

Attractive women don't pull over every day

and invite me home.

So, what happened after you got to her place?

MILLS: We went inside.

She was very forward, sexually.

She said it was like some kind of fantasy of hers.

She wanted to pick up some guy in her car and...

bring him home and make love to him,

and I made some crack like,

"Yeah, it's my fantasy, too."

I mean, she didn't even want to go in her bedroom.

She wanted to make love

right there on the floor, be wild.

Mr. Mills, this sounds like a very aggressive woman.

MILLS: I know, and she had that same

shy demeanor as she had in this witness chair.

It didn't make sense, but that's what she said.

She wanted to have sex, and we did,

and in the middle, her father comes in

and hits me with a shovel,

and that's what happened.

As God is my witness, that's what happened.

WEBB: The problem is, we have another witness,

and he saw you committing a rape.

MILLS: We were making love,

which she consented to.

WEBB: This woman picks up a total stranger,

drives him to her home in Beacon Hill,

and ask him to make love to her?

Yes.

You wouldn't go into somebody's house...

uninvited, would you, Mr. Mills?

Ever been convicted of a crime, sir?

Ten years ago.

WEBB: Breaking and entering.

That's not who I am today.

WEBB: One assault.

I was a kid back then.

I'm a 30-year-old man now.

I've made a life for myself.

Why didn't you wear a condom?

I didn't have one.

Neither did she.

WEBB: Gee, that seems odd.

This woman solicits a total stranger for sex,

and she's not going to have a condom?

That's a death wish, isn't it, Mr. Mills?

Yeah, well, maybe she's got a death wish.

Maybe she has some disease

where she needs to fake it--

Move to strike.

Mr. Mills.

Well, what can I say?

KITTLESON: Mr. Mills,

I'll direct you to answer

the district attorney's questions.

He asked me if she had a death wish.

It goes to her disease.

KITTLESON: Mr. Mills, I sincerely

don't want to prejudice your case.

Members of the jury, there is no evidence

before you concerning the victim having a disease.

You are to disregard such rants from the defendant.

BERLUTI: Objection.

He's not ranting, Your Honor-- KITTLESON: Mr. Berluti,

we can stop this proceeding right now

and complicate everybody's lives.

There are rules of evidence.

We will all play by those rules.

Mr. Webb?

I'm done, Your Honor.

Very wise decision.

Hey.

Hey.

Did you fire him?

Don't ask me why, but no.

Maybe you like him.

I do not like that man.

It had nothing to do with that.

You fired Jamie?

No.

How you doing, Eugene?

Me?

Fine.

Okay.

(door opens and closes)

(overlapping chatter)

What are you doing here?

I just came in for a drink.

I didn't know you'd be here.

I'm here every night, and you know it.

You had the discretion to let that stuff in--

Get lost or I'll hold you in contempt.

BERLUTI: I'll risk contempt.

That woman cries wolf with rape.

She set the whole thing up

for her father to walk in on.

Prove it in court, Jimmy.

BERLUTI: My client is innocent.

You know it.

That's probably why you're in here getting drunk.

Wrong again. I get drunk every night.

I know you, Roberta.

I know your heart.

I know your sense of fairness.

This is something you can fix.

Jimmy, you are a lawyer

appearing before me in a trial.

This is ex parte.

After this case is over,

if you wanna sit next to me, fine.

We can share a drink.

Who knows? I might even wet your whistle after,

but for now, get your ass off that stool.

You're a vulgar, desperate woman.

All the more reason to remain a good judge, then.

Now, beat it.

WEBB: You heard the victim.

You heard from an eyewitness

who saw the rape in progress.

The defendant says it was consensual.

Consensual sex does not look like rape,

ladies and gentlemen.

And consider the logic of what the defendant

is asking you to believe,

that Jessica Palmer picked up a strange man,

a felon,

in a terrible section of town,

brought him back to her place

to have unprotected sex, all the while knowing

her father would either be there

or be there shortly.

That really...

sounds credible, doesn't it?

And what would be her motive for making this up?

Because rape trials are fun?

The eyewitness was her father,

who basically admitted he went into shock

as soon as he entered the room.

Can we completely trust his version

of what he thinks he saw?

No.

This case comes down to Jessica Palmer's word

against Derrick Mills.

Might you be more inclined to believe her?

Sure. Okay.

But can we know she's telling the truth

beyond all reasonable doubt?

And you wanna talk about logic?

My client's prints were all over the car,

all over the house.

He's got a record.

His prints are on file with the police.

He's gonna rape somebody

and leave that kind of evidence behind?

He's gonna leave his semen there

for easy DNA identification?

Does that make sense to you?

Something's going on here, folks.

The D. A. asks,

"What would be her motive to lie?"

We can't know.

We have rape shield laws

that prohibit us from getting into her story,

but let me ask you this,

does it feel like you've got the whole story?

Does it?

Are you not going to work today?

I am. I just thought I might...

hover a bit this morning.

What are you thinking?

Why does everybody so readily

ask that question today?

It's as common as "How's the weather?"

It's cheating.

People should be required to figure it out.

Has a man ever asked you to disrobe?

I don't mean go to bed.

I mean, simply asked you to disrobe

from across the room so he might look at you?

No.

Would you like to be asked that?

I don't know.

Like I said, I've never been asked.

Would you like to be asked?

Yes.

Interesting.

If you think I'm asking only because you want me to,

I assure you, I'm being genuine.

Would you take off your robe?

(music playing)

How long have they been out?

Almost five hours,

which my guess it's good.

It means they at least got to be asking questions.

Yeah.

Can I talk to you for a second?

It was in the file that she had claimed rape before?

So if you had filed your questions

with the court as required,

you probably would've been able

to cross-examine the victim on it.

You don't need to tell me, okay?

You and I both know

the idea that every defendant

is entitled to an adequate defense...

is a lie.

Defense lawyers many times

barely bother to meet the client

or read the files.

Some even doze during trials.

Lawyers phone it in all the time,

but for it to happen here,

for a lawyer in this firm

to be as blatantly unprepared,

court-appointed or not--

If we lose,

I'll prepare the inadequate defense appeal myself.

(phone ringing)

Yeah?

Okay.

Your jury's back.

(music playing)

KITTLESON: Will the defendant please rise?

Members of the jury, have you reached a verdict?

We have, Your Honor.

What say you?

Commonwealth versus Derrick Mills,

on the charge of forcible rape,

we find the defendant, Derrick Mills...

guilty.

KITTLESON: This concludes your service.

The court thanks you.

Security will take the defendant into custody.

We are adjourned.

(gavel bangs)

(overlapping chatter)

Derrick,

Derrick, look at me.

I will get you out.

Whatever I have to do,

I will get you out.

(sighs)

(music playing)

Where's Jimmy now?

WILSON: He went home.

He's pretty devastated.

Call him. He needs to get to work on the appeal.

Eugene, I should've caught this, too.

Yes, you should have,

but you're a third-year law student.

He's not.

You're not gonna ask me for my thoughts, are you?

Eugene,

Ellenor said something about me

being self-destructive.

It was probably just conversation filler,

I really don't know.

But I assure you,

if I am unwittingly or unconsciously

trying to take anybody down,

it isn't you

or this law firm.

(glass clinking)

KITTLESON: You're on my stool.

I'm sorry.

Your ruling was correct.

And any--

this was my doing.

I just came to say that.

Now that the case is over, I was...

wondering if your offer is still good.

I mean, to have a drink together.

The case isn't over.

There's still sentencing.

But I suppose there's nothing wrong

in drinking separately on adjacent stools,

enjoying the illusion of company, I guess.

I could use it.

So could I.

(music playing)

(music playing)

WOMAN: You stinker.

(music playing)