All language subtitles for Boston.Legal.S01E17.2004.Disney+.WEB-DL.1080p.H264.DDP-HDCTV_track5_[eng]

Hey, pretty boy.

How'd you like to go to Texas?

I'd love to. I haven't had my shots.

I used to work
on the Texas Innocence Project.

One of my cases is up on appeal,
and they've asked me back to argue.

I could really use your help.

-Because?
-My last appearance,

I, unfortunately, lost my temper
with the chief judge.

I'm afraid he could be
prejudiced against me.

So I'm looking
for the best lawyer I can find.

I think that's you.

-What kind of case is this?
-Capital.

The client is scheduled
to be executed in 72 hours.

He could be innocent.

What do you say?

I say I've always wanted to go to Texas.

I certainly appreciate you seeing me.
Surely I know how busy you are.

Miriam, how long have we known each other?

Well, certainly very long.

But I am mindful of your hectic schedule
and I'm appreciative.

What's up?

Well, I don't know exactly
how to say this,

especially to someone

with whom I've enjoyed a long
and rewarding friendship.

But I've gotten myself into a situation.

I'm...

beginning a trial next week
in which I'm...

...the defendant.

It's a criminal case?

I'm charged with engaging
in sexual conduct for a fee.

You paid a man to have sex with you?

Many times.

When you say many times...

Hundreds.

♪ The stars at night ♪

♪ Are big and bright ♪

♪ Deep in the heart of Texas ♪

♪ The prairie sky ♪

♪ Is wide and high ♪

♪ Deep in the heart of Texas ♪

♪ The coyotes wail ♪

♪ Along the trail ♪

We're not going to wear that
once we get there.

Why not?

This court antagonizes easily.

Understood. How do I look?

My client's name is Ezekiel Borns.

He likes to be called "Zeke."
He has an IQ of 80.

He was convicted eight years ago

in the shooting death
of a gas station attendant.

We finally got a DNA test ordered,
it came back negative.

One would think
that would be enough to clear him.

But the problem is, he confessed
after an all night interrogation.

He could have been coerced,
maybe brainwashed, maybe both.

When we land,

I would like you to go meet Zeke
while I try to get a meeting with the DA.

I assume you already tried the Governor.

I'm told he giggled.
High Court is our last stop.

High Court?

Texas doesn't have a Supreme Court.

They have two High Courts,
one for civil and one for criminal.

And the Chief Judge
on the Criminal High Court...

we had words on another case.

When you say you had words?

I called him a disgusting fat pig.

Denny Crane?
Oh, no. I, I couldn't possibly--

Miriam, listen, your case comes
before Judge Clark Brown.

Denny seems to have a take on him.

I couldn't possibly.

Shirley...

I don't tell people this,
but Denny and I...

I once had relations with him.

Listen, this many offenses,
you could be looking at time here.

If Denny gives us any advantage at all.

I'm so beyond humiliated.

Which brings me to my next bomb.

I see no real defense here,
except perhaps medical.

I'd like to be able
to tell the jury that...

you're a nymphomaniac.

Has he ever shared
with you any information

that could possibly
contradict his confession?

Uh, no. But I'd never inquire.

Not a curious guy, Father.

The role of clergy
is only to get the inmates

ready and willing to die.

Zeke?

My name is Alan Shore.

I was all doped up.

I remember being at the gas station.

But, Zeke, why did you confess?

They kept telling me I did it

and they had witnesses.

I knew I had been there.

I probably did, though.

Your confessions
didn't include the word "probably."

Zeke, you have no memory
of shooting the attendant.

You're going to get me sent to hell

is what you're doing.

I beg your pardon?

I already made my peace with God.

If I start saying I didn't do it...

Zeke, I'm trying to prevent
your being executed.

They're going to kill me, Mr. Shore.

My only salvation is in the next world.

I got to keep my peace with God.

Is this from his trial lawyer?

Went into a 12-step program,
had to apologize to those he let down.

Has Zeke seen this?

We sent him a copy.

Zeke doesn't write back.

Right.

Nymphomania?

Anything you can find.

And we'll need to line up
an expert who can testify,

possibly as soon as tomorrow.

It's not a real disease.

It's an excuse offered up
by sex perv sickos.

Yes. Brad, thank you for that.

It's also a sexist diagnosis
as well as bogus.

If a man was running around
trying to strip everything he could,

we wouldn't say that he had a disease.
We would just call him--

Denny Crane.

Exactly. I'll need that research ASAP.

Denny, right this way.
Thank you for joining.

I'm a very busy man. I have a caseload.
You wouldn't believe, so--

Hello, Denny.

Miriam?

Don't tell me I have another child.

Miriam has a criminal case
beginning tomorrow.

Criminal?

What did you do?

I can tell you what she's charged with.

Can I count on your sensitivity?

Of course.

She's charged with engaging
in sexual conduct for a fee.

You're a hooker?

-I'm leaving.
-No.

She paid for sex.
She didn't charge for it.

And the judge is Clerk Brown,
which is the reason you're here,

in addition to your profound tenderness,

We plan to perhaps use
a medical defense of...

nymphomania.

You're a nymph.

Denny.

You mean, when you and I
went on that long weekend to Napa,

and you did those...

things?

She was sick.

We have work to do. We can't--

I'm not about to go to Texas

and not ride the mechanical bull, Chelina.

That would be like going to Los Angeles
and not sleeping with Paris Hilton.

You'll get hurt.

Nonsense, I grew up riding the ponies
at Pumpkin Patch.

Chelina.

Yes, we've just had a slight delay.
Alan wants to ride a bull.

Can you get me the case?
Fax it to the motel.

Thank you.

Evidently an execution
got stayed in Connecticut.

The lawyers argued something called
death row syndrome.

Death row syndrome?

The theory being that death row
can actually overwhelm the will to live

and contribute to a general incompetency.

That could be Zeke.

Exactly.

Notify my next of kin.

Oh, my God.

Now, this intermediate or expert?

Expert. I teach it, actually.

Do I get a whip?

Whoa!

Intermediate.

Intermediate!

Chelina.

He will.

10:00 a.m. is fine.
We'll be in his office.

Thanks, Gerry.

We got our meeting with the DA.

Great!

Intermediate!

Help!

Help! Intermediate!

♪ Save a horse, ride a cowboy ♪

It's not a real disease.

But it is part of our culture, Brad.

And our role here
is as advocates, remember?

Shirley, their point is well-taken.

There is an enormous risk
with this kind of defense

if the jury rejects it...

But juries often don't.

In 1970, we had the cable car
nymphomaniac in San Francisco.

She was awarded 50,000 dollars for a crash
that left her with a demonic sex urge.

That case occurred

when the medical community
was more open to the diagnosis.

Well, there are other
possible diagnoses as well.

She could be bipolar.

There's also a condition
known as Klüver-Bucy Syndrome,

which can result in hypersexuality.

Miriam Watson is a very successful
and private businesswoman.

Should we raise nymphomania as a defense,

the media will have a field day.

Which is why we're trying to nip this
with a plea bargain.

But without some defense,
we have no leverage.

Judge Brown.

Come again?

I don't like it when you say that,
Shirley. Puts pressure on me.

What about Judge Brown?

He's a virgin.

And that would be relevant, how?

If he saw in our client...

an opportunity...

May I speak to you two a second?

This is not funny.
That man is the senior partner here.

And the only time of the day
he's not making lewd sexual inferences

is when he's doing so blatantly.

-Lori...
-No, Shirley, I'm sick of it.

I am making an official complaint.

You're on notice and you're on notice.

I've had enough.

First, you cannot,

cannot argue the morality
of the death penalty.

Every judge sitting up there is for it.

Clearly.

Second, do not mention Zeke's innocence.

I'm sorry?

They won't listen.

He did confess.

Isn't it he DNA test
that got us the appeal?

The DNA here does not exonerate him.

But it certainly indicates the presence
of somebody else at the murder scene.

Proving innocence is one thing,
but since we can't do that,

our case here is procedural.

The DNA result is ancillary evidence,

which hopefully will occasion them
to look at procedural flaws.

Does that make any sense?

Yes, it does.

This is Texas.

I must say,
I agree with the District Attorney.

If this were a one time offense.

But the complaint ledges over
a hundred infractions, it's shocking.

If I may, Your Honor,

this is a victimless crime.

Victimless? When somebody's action
impugns the values of society,

we are all victims.

Yes, yes, yes, we're all that.

But consider...

the shy people.

The shy people?

Yes. If one were a single man,

painfully shy,

a virgin, time running out,

one might like to meet this woman.

She could help one.

He's mentally impaired, Glenn.

You know this. Your own expert said so.

He was born
with severe fetal alcohol syndrome.

Celina, this was all raised to trial.

Now, at some point,
a finding has to be final.

I'm sorry. I realize I'm new,

but didn't the Supreme Court rule you
can't execute mentally retarded people.

He has an IQ of 80.

The cutoff point for retardation
in Texas is 70.

Did you even read the prison reports
on Zeke's character?

This isn't about whether
he's been a good boy in prison.

The point is
what he did at the gas station.

Perhaps he didn't do it.

He has an IQ of 80.

All you really have is a confession,

which most likely
was a product of coercion.

No weapon was found.
DNA placed someone else at the scene.

How about on the possibility
of Zeke Borns's innocence?

We hold off just a bit on killing him.

You must be new to Texas, Mr. Shore.

I told you
not to raise innocence.

How can we not raise it? It's--

Judges hear it all the time, Alan.
Don't you get it?

"My client is innocent.
My client is innocent. "

Every single complaint case,
it's the standard refrain.

It has no impact
when you can actually prove it,

which we can't.

The trier of fact found him guilty.

-That doesn't mean we can't--
-No, I've done this before.

I know the way it works down here,

our claim has to be procedural.

It's the only chance Zeke has.

And before you march into court

and tell everybody
that the confession was coerced,

keep in mind, Zeke hasn't recanted.

He's still maintaining he did it.

♪ What'd you gonna do? ♪

Lori, while we understand
your issues with Danny,

while we are certainly taking steps
to resolve them,

I don't think you mean to lodge

an official complaint
of sexual harassment.

-Shirley--
-Because if you do,

we are required by law
to initiate certain procedures.

It could get very messy for all involved.

Is that a threat?

He is ultimately a benign man
who we all happen to care about,

including you.

I think what you really mean to do

is to voice your concern unofficially.

I am making an official complaint.

If there's paperwork to be filled out,
please have the forms sent to my office.

You little bitch.

There is no evidence of you
ever having had a gun before,

or ever shooting one.

Zeke, I certainly don't want
to put words in your mouth,

but if you have no memory of doing it...

If you don't recant by this time tomorrow,
you will be dead.

I'm going to be dead no matter what.

The question is,
do I go with God on my side or not?

From what little I know of God,
Zeke, he's on your side no matter what.

He also favors a side of truth.

If the truth is you didn't do it--

I did drugs.

I stole.

I was a bad person.

And now I need to be a strong person.

I need to have courage now for once.

I'm going to be brave.

After my marriage dissolved,
my sexual desire became inflamed.

I was in a few relationships,

and my appetite took on
more of the form of an addiction.

When you say addiction...

Now, whenever I so much as look
at an able-bodied man, my...

southern region turns tropical.

And this compulsion led you
to male prostitutes?

Where else was I to go?

I'm a 56-year-old woman.

It's not as if I can walk into a bar or...

I suppose if I were in a relationship...

What the hell was that?

"My southern region turns tropical"?
That little look to the judge?

Did you coach her to do that?

If the judge likes us,
he gives us a good instruction.

It's as simple as that.
Might even give us a directed verdict.

I'm sensing some intent issues
with the prosecution's case.

I can feel it.

The judge has intent issues.

These judges
are only human, Chelina.

I certainly have to appreciate
the possibility of his innocence here.

When I left this job,

I told everybody it was because
I wanted to make more money.

The truth is, I couldn't take it anymore.

I couldn't take seeing clients die.

Did you win any?

Sometimes you must have prevailed.

I remember reading a death penalty
was overturned here just last year.

Yeah, a New York firm

volunteered to handle it.

It took them ten years
and cost five million dollars.

The state of Texas
has the most overwhelmed

and underfunded defense bar
in the country.

They get 25,000 dollars
to appeal a death case.

The prosecutors have an unlimited budget.

It's a joke, Alan.

We have good grounds here.

Trial lawyers admitted
he provided inadequate counsel.

Alan, this is the court that held

a sleeping lawyer
isn't necessarily inadequate.

You have to show he was sleeping
during the important parts.

You asked me before, "Why Texas?"

instead of having a Supreme Court,
it has two high courts.

The reason...

is to speed up the death cases.

They've cut the time
it takes to execute people in half.

It's why Texas leads the country
in executions proudly.

Seven of the nine judges
you will face tomorrow

are former prosecutors.

Hey.

Hey.

I promise you.

By the time I finish tomorrow,

those judges, every last one of them
will rise up and say,

"Never mind executing Ezekiel Borns,
let's kill Alan Shore instead."

I'm sorry.

Maybe we...

We should probably get back to work.

Yeah.

You told me
there'd be a public presence here, Gerry.

There's one protester outside.

What am I going to do, Chelina?

It's just not as big a story
as it used to be.

We'd be better off with nobody than one.

I'll call you after.

I told you, you are not wearing that hat.

Take it off.

Listen, last night...

Sometimes, lawyers will bond over a cause,

and well, I--

Chelina.

Let's go argue the cause.

Remember, this motion
is a nuisance to them.

They will antagonize you.

If you even feel yourself
wanting to retaliate, you say,

"With all due respect,
may it please the court."

Anything else?

Persevere.

They will try to shut you down
before you even begin.

Persevere.

Got it.

There is no question
the defendant entered into

a transaction for which sex
with some...

or all consideration.

However, one element of this crime

is criminal intent.

The burden is on the prosecution
to prove this element

beyond all reasonable doubt.

If a medical condition
deprived the defendant of her free will

or even unduly influenced her,
she lacked that intent.

Since the prosecution failed
to eliminate hypersexuality

or bipolar syndrome...

or Klüver-Bucy Syndrome

as a cause for her conduct.

Then I feel I have

no choice but to deliver
a verdict in favor of...

the defendant.

Ms. Watson, you are free to go.

What?

You got to that judge.

I don’t know what you’re talking about.

-You knew his ruling by heart.
-Boilerplate.

A ruling that was ridiculously
pro-defense.

Denny Crane.

What did you do?
Promise him a date with our client?

First of all, I would never,
ever do anything like that. Never.

Secondly, if I did,
I would never, ever tell you.

Never. Third--

And you? Was there any quid pro quo here?

How dare you?

Oh, never mind how dare me.

You're a serial intercourse.
That ruling was suspect.

Bribing a judge.

Never did that.

Well, the two of you are going to have
to live with yourselves on this one.

For now, like the judge says,
you're free to go.

As is your lip.

Ezekiel Borns murdered a man
in cold blood for a few dollars.

He confessed to it.

The petitioner has gone up
and down state and federal courts

exhausting his appeals,
losing his habeas arguments,

and failing on claims
of constitutional violations.

Four different courts of appeal
have reviewed and rejected

each and every one of his arguments.

Now is the time for this man
to pay the penalty

imposed on him fairly and legally.

A Texas jury has decided
that Ezekiel Borns is a dangerous killer.

He has forfeited his right to live.

Thank you.

"With all due respect,
may it please the court."

Good afternoon. My name is Alan Shore.

Mr. Shore.
What are new issues being raised here?

The first issue before the court concerns

the absence of any
African-American jurors--

That was previously argued
and ruled on council.

Yes, before the lower courts.

-This bench has never considered--
-We're not persuaded

that the absence of a black juror
is in violation of due process.

What's your next issue?

I would turn the court's attention
to the fact that the grand jury,

which indicted Mr. Borns
similarly was all white.

This raises equal protection laws.

That issue was never raised
and is therefore waived.

Your Honor, Texas law requires
that the jury recommend death

only in cases where they find
that the defendant

poses a threat
of future dangerousness to society.

We maintain this as unconstitutional.

Juries are supposed to find
elements of guilt and innocence

based on facts beyond a reasonable doubt,

not on the basis
of perceived probabilities.

Moreover, as a practical matter,

since Ezekiel Borns
will remain in prison for life,

he couldn't possibly constitute
a future threat to society

unless the law assumes prison breaks.

That's an interesting issue, Counsel,
but that also was never raised

and therefore it is deemed waived.

Next.

May it please the court.

Mr. Borns' trial lawyer
has recently admitted

he was ineffective counsel.

He was abusing cocaine
and alcohol during the trial--

Not legally inadequate.

I believe if you examine the transcripts--

Mr. Shore, representation
can always be better,

especially when we play
Monday morning quarterback.

With all due respect,

this lawyer never gave
an opening statement.

He never questioned several
of the prosecution's witnesses.

He failed to pursue a number of leads
and important sentencing issues.

This court right here today

has recognized that many valid grounds
for appeal were never raised.

This court is satisfied
that the representation was adequate.

Is there anything else?

Yes. Mr. Borns may be innocent.

The jury disagreed,
and legally that issue has been settled.

The DNA evidence shows
somebody else was there.

But it does not disprove
that your client was also there.

And your guy confessed, by the way.

My client has an IQ of 80.
He was interrogated for 16 hours.

-Coercion was never raised.
-It was never raised

because his lawyer was an inadequate hack,

though the nine of you seemed
quite satisfied with his performance.

With all due respect.

Mr. Shore, you came down here
from Massachusetts?

Yes, sir.

But we in Texas have been living
with this case for eight years.

You've been living with it personally.

May it please the court.

You first met Mr. Borns when?

Yesterday.

And you are proposing to us
that you know him.

You know what I'd like to propose?

I'd like to propose that you got a problem
with the death penalty in general.

Now, is that why you came here, sir?

I am here,

with all due respect,
may it please the court,

because I have a problem
with the state executing a man

with diminished capacity
who may very well be innocent.

I'm particularly troubled,

may it please the court,
with all due respect,

that you don't have a problem with it.

You may not want to regard
my client's innocence,

but you cannot possibly disregard the fact
that 117 wrongfully convicted people

have been saved from execution
in this country.

One hundred and seventeen.
The system is hardly foolproof.

And Texas,
this state is responsible for a full third

of all executions in America.

How can that be?

The criminals are just somehow worse here?

Last year, you accounted
for fully half of the nation's executions.

Fifty percent from one state.

You cannot disregard the possibility,

the possibility
that something's up in Texas.

I would urge you to confine
your remarks to your client

and not the good state of Texas.

Zeek Borns never had a chance.

He was rounded up as a teenager,

thrown in a cell
while he was still doped up on drugs.

Browbeaten and interrogated
until his IQ of 80 was overcome.

He confessed to a crime
he had no memory of.

Still has no memory of.

For which there is no evidence
other than two witnesses

who saw him pumping gas
around the time of the murder.

He was given a coked-up lawyer
who admittedly did nothing.

I'm now before nine presumably
intelligent people in the justice business

who have the benefit
of knowing all of this.

Add to that, you know,
DNA places somebody else at the scene,

and you're indifferent!

You don't care

whether you believe
in my client's innocence.

And I'll assume, with all due respect,
may it please the court that you don't.

You cannot be sure of his guilt.
You simply cannot.

And failing that, how can you kill him?

How can you kill him?

And I would sincerely,
sincerely, sincerely hope

that you don't penalize my client

simply because his lawyers
happen to be from Massachusetts.

The home of the New England Patriots

who could kick ass over any football team
you've got in the good state of Texas.

May it please the court.

-I am so sorry.
-No, you don't have to apologize.

They gave you nothing.

You had no choice
but to go with your passion.

Could have left out the slide
on Texas football, but...

You are strong, Alan.

Maybe you reached them.

The court hasn't ruled yet.

Six hours before he goes to Huntsville.

-That's the law.
-What's in Huntsville? Bleachers?

The death house.
They put me in the Walls unit.

Why move him if there's still a chance?

-Gerry?
-No cell phones in here.

Just now.

They turned us down.

Well, let's go, Dan.

I'm so sorry, Zeke.

I'm ready, Chelina.

I'm going to be strong like a hero.
You watch.

Will you watch?

I want people to see me strong.

I got no family.

Will you come?

Sure.

We'll be there.

Let's go, Zeke.

I'm going to see the Governor.

He bribed the judge?

I can't be sure, but I think
he had some undue influence.

As much as I adore him,

it's only a matter of time

before he brings this place to its knees.

He's the named partner.

The lead named partner.

I think we've got to take him out.

I get ice cream.

Chocolate.

Yeah. You said.

They said maybe sprinkles.

Guess I don't need to worry
about my cholesterol.

Governor's in Hawaii, not available.

There's still hope.
However, I made a few calls

to track down a woman I know
who is actually performing

at a charity luau where the governor
is scheduled to be.

Polynesian dancer.

So you're saying this whole thing
could come down to...

A hula girl?

I know this girl. She's good.

-Zeke?
-Let's do this.

I'm ready to die. I'm strong.

Would you excuse us for a minute, please?

See, you talked about being a hero.

Strong and brave,

may not go with hero here.

What do you mean?

The state of Texas wants people
to believe you're a monster.

I think you should show them...

you're a human being.

A human thing to do here...

is be afraid.

If you want to be a hero.

Show people what it really feels like...

to be executed.

We're led to believe...

it's peaceful,

painless,

humane even.

I think you should fight to the end, Zeke.

And show your fear.

It's because you're against
the death penalty, right?

Well...

whether a person is for or against
the death penalty, he or she...

should just know what it is.

The best way for you to be a hero, Zeke...

is to be human.

I've also included a brief synopsis
of the case history,

should he care to peruse it
over his Mai Tai.

Excellent, Angela.
Well, you have my number.

You also have Alan's,
and I've given you Chilena cell

and the number at the Walls unit.

Thank you. Aloha, Make speed.

He's actually petitioning
the Texas governor by way of--

Hula girl.

Justice works in strange ways, Paul.

Ask Judge Brown.

Did Denny bribe him?

I can only guess.

Tara, do you ever feel
sexually harassed by Denny?

Never.

-He never objectifies you?
-All men objectify me.

I don't.

I don't.

Hello, Angela?

Yes, without question.

He must be there. Angela.

I got his schedule directly
from his press secretary's assistant.

You got my fax? In your hand?

Then find the Governor
and get it in his hand.

We have less than ten minutes, maybe five.

'Kay.

No cell phones are allowed in here.

How'd you get by with that?

I told the guard we were waiting
for a last-minute call

from your conscience.

Collect.

You see that guy?

Media.

One guy.

It's not even a story.

Do I get to say
my last words now?

If you like.

It's just...

I don't know if I did it...

but if I did, I'm sorry, you know?

Time to get on now.

Okay. Thank you...

for everything.

I got him. Right there.

Next on Boston Legal...

You went out and got this case
as a means of keeping me from Texas.

Don't be ridiculous.

Alan seems to be getting close
to Chilena these days.

-Are you and he?
-We're fine.

I want to stay because of you.
But I think I need to go because of you.

For your information, I like chubby girls.

I've always enjoyed chubby sex.

Lori Colson filed an internal complaint
against you for sexual harassment.