Original subtitles

Previously on The Practice.

He strangled her for a full seven minutes, Pam. How is that temporary insanity?

Bobby, you got the civil claim. Leave the criminal prosecution to me.

You have heard doctor after doctor talk about Ronald Martin--

How he was temporarily insane, how he wasn't responsible.

Ronald Martin, the man who strangled Donna Braun for seven minutes.

Dr. Braun, I am both mindful of your presence in the courtroom every day...

and of your loss.

- Why don't you die? - I used to be a lawyer, remember?

A terrible lawyer. Jimmy, you never won a case.

Bobby's one of my best friends. I made the loan on their office expansion...

'cause I-- I couldn't figure any other way without you asking questions.

Pack up your office. You're fired.

You'll come work with us. You can't afford to pay you.

How do you pay me? I'll work it out.

- Ms. Dole. - Professor?

I won't die. I'll live forever,

if for no other reason than to see this through.

Your client's cigarettes killed my wife.

The tobacco case--

I want you to try it.

I think you're more prepared on it than me.

Bobby, I-- I've never even done a jury trial before.

You've done all the discovery. I think you're ready.

Good morning, ladies and gentlemen. My name is Lindsay Dole.

[ Clears Throat ] Good morning.

My name is Lindsay Dole. I represent the plaintiff.

Ladies and gentlemen of the jury, good morning.

My name is Lindsay Dole. I represent the man seated over there.

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

[ Judge ] Mr. Pearson, do you have any additional questions of this juror?

Uh, I have a few questions, Your Honor,

if I may be permitted.

Anybody in your family smoke cigarettes, Mrs. Stokes?

Oh, almost everybody at one point or another.

Anybody have any health problems connected with cigarette smoking?

Let's see. Well, my father had emphysema.

And my sister had a baby with birth defects.

Two of my uncles had heart attacks,

and my aunt had a leg cut off 'cause her veins shriveled up.

And the doctors say it was all caused by smoking tobacco.

And you believe you could be impartial on a case about cigarettes?

I believe I could.

- This is nuts! - I don't think so.

Four witnesses, the whole case. Look, we can't match experts with the tobacco industry.

If we parade up scientists on addiction or dopamine or whatever, we lose,

'cause whatever guns we got, they got bigger ones.

So how does putting up nobody help us?

Because we make our weaknesses our strength.

Let them do their dog and pony show. Let them call their scientists.

With us, it's the unglamorous but simple truth.

She smoked, she died. She smoked, she died.

She smoked, she is dead. This case is a long shot to begin with. Why are we--

Which gives us the right to take chances. Lindsay, where are you with your opening?

- I have a draft. - Make copies for everybody. Pick it apart.

Ellenor, you prepare Emerson Ray. Eugene will take the doctor.

Where are we on the photos? They'll be here tomorrow.

- Jimmy. - Don't give me the dog work.

Anderson Pearson's opening arguments in his...

three previous tobacco cases, all of which he won.

I want you to devour these pages. Highlight his pet arguments or phrases.

Anything he likes to say, I want Lindsay to say first.

[ Door Opens ] Found her. Ex-girlfriend of Ronald Martin,

and he beat the hell out of her for two years. What?

He even tried to strangle her once. Martin's family paid her to keep quiet.

- Eugene, the jury is already deliberating. - It's still not too late.

Uh, bring her back here. Got it.

Your Honor, this is ridiculous. The evidence in this case is closed.

The jury is in deliberation. We can suspend deliberations.

Certainly the precedent exists. This is newly discovered evidence brought to light.

If you drag the jury back in and tell them,

"By the way, we have discovered a new witness-- a woman Ronald Martin tried to strangle,"

we might as well just save the time and declare a mistrial right now.

The jury is free to disregard the witness. That's your specialty, Mr. Goode--

convincing people to ignore the truth.

- Gee, you know, I thought we were friends here. - [ Judge ] All right, look.

Ms. Morris, why is it that you didn't go to the police?

Um, three hundred thousand dollars.

And I wouldn't be here, except he said he would subpoena me.

All right, look. Given the fact that she didn't go to the police...

and she accepted money in exchange for her silence,

I got some reliability problems.

That reliability can be the object of Mr. Goode's gifted skills of cross-examination.

Too kind, Your Honor. Too kind. Now quiet.

Moreover, the probative value of her testimony...

is grossly outweighed by the prejudicial impact.

If Ms. Morris gets up there and says that the defendant tried to kill her,

well, that's a bell you just can't un-ring.

I'm not going to admit the testimony.

Thank you, Your Honor.

You don't like it. No, I do. I do.

Bobby said it's important for the jury to feel they know me.

I understand your strategy. I do.

But, uh, your-- your high school field hockey record...

isn't exactly gonna make our case.

And, uh, whether or not you still have an appendix isn't really a burning question.

This guy talks good. Pearson-- good talker.

Well, that's a big help, Jimmy. Anything, say, slightly more specific?

Yeah. Uh, all three cases...

he tells the jury the biggest asset to the defense is their common sense.

Verbatim, all three openings he says,

"More than all our expert testimony,

more than all our un-convoluted"-- I'm sorry. "uncontroverted evidence,

"what the defense is going for, more than anything else,

"is your common sense,

the seat-of-the-pants wisdom of the reasonable person."

That's good. What else?

Well, he goes on a lot about, uh, free society, personal choice.

You know, we're America.

People are free to make their own decisions. Red, white and blue.

Then, you know, the usual. He goes over his high school field hockey record.

- [ Laughing ] - Ha, ha. You're all such a big riot.

I'd say she's feelin' some pressure. Some.

I just don't understand. He tried to kill another girl.

This directly contradicts his insanity story.

Now, how can the judge not let the jury hear this?

It'll be too prejudicial. Like he said, it would guarantee the guy a new trial.

They've reached a verdict.

Will the defendant please rise?

Ladies and gentlemen of the jury,

have you reached a verdict? We have, Your Honor.

- [ Judge ] What say you? - [ Man ] On the charge of first-degree murder,

we find the defendant not guilty by reason of temporary insanity.

On the charge of second-degree murder, we find the defendant not guilty...

by reason of temporary insanity.

On the charge of voluntary manslaughter,

we find the defendant not guilty by reason of temporary insanity.

[ Chuckles ]

Ladies and gentlemen of the jury, this completes your service,

and I thank you for your time.

And I want to also caution you that when you leave this room,

you may be subject to second-guessing.

I want to emphasize to you that aside from the parties and attorneys and myself,

you are actually the only people who heard all the relevant facts of this case.

Liar! They know less about Ronald Martin than anyone!

- Get him out. - You withheld the truth from this jury!

Dr. Braun. The truth that he tried to kill somebody else!

- That judge wouldn't let you know that! - Put him in lockup.

You withheld the truth! You withheld the truth!

You-- You're filth! You should die!

- Jerry! - You should die! You should die!

You're filth! You're filth!

Filth!

Since the defendant was judged on the basis of temporary insanity,

and since the psychiatric reports attest to no such continuing condition,

I have no choice but to release him.

The defendant is free to go.

This matter is adjourned. [ Gavel Raps ]

[ Crying ]

No, there are no victories here.

My heart is with the Braun family.

But I think the jury realized that to punish Ronald Martin...

is only a pointless continuation of an already tragic situation.

I don't know what I'd tell him. I can't explain.

If God himself appeared and offered an explanation,

I doubt any of us would find it satisfactory.

This is such a perversity. That's enough. That's enough. Thank you.

[ Woman ] Are you going to be speaking to Mr. Braun? I said, that's enough.

Are you okay? He gets to have children.

What? Ronald Martin, he-- he gets to have a life.

He can-- He can have children. He can-- He can--

He can buy a boat and take them sailing! All right, Danny, Danny.

Take a breath. Donna can't have any of that. She's dead.

Listen-- Donna can't have a child.

Danny, listen to me. Gerald needs you now.

You gotta go back there, and you gotta be with him.

You're the man's rabbi. He needs you now.

Bobby.

You are so very above all this, aren't you?

I wish that I could tread on your moral high ground. Get out of my face, Leonard.

No, no. Because you get 'em off just the same as I do. But I don't have as much fun.

But you do it just the same, don't you, Bobby?

I said get out of my face.

[ Reporters Clamoring ]

Yes.

Margaret Ray became addicted.

Did she want to quit smoking? Of course.

But she couldn't. She tried-- Wrong.

- What "wrong?" - Don't make her out helpless.

We should say she's to blame too. Pearson's gonna say it.

If we say it first, we undercut-- We can't admit liability.

I mean, that'll play right into his contributory negligence defense.

[ Eugene ] Millions of people quit smoking every year.

Margaret Ray could have too. Let's just admit it.

She's a little to blame, but they're to blame more.

Eugene's right.

[ Sighs ]

We will be introducing evidence that will establish-- Look at the jury.

You want to do the case, Eugene? Why don't you do it?

[ Bobby ] Lindsay, are you not ready to do this?

We'renot ready, Bobby. You'renot ready. Who are we kidding?

This whole streamline strategy? It isn't strategy. We have no choice.

We don't have experts lined up because we couldn't afford to hire any.

We don't have the-- the-- the science on addiction because we didn't do the legwork.

We're going with nothing because that's what we have.

Nothing. And you're throwing me this case, not because of any confidence,

but because you don't want to be the one to take the fall.

I'm sorry. I'm just nervous.

I'm sorry. Listen, I-- I can do the case.

No. No.

I'm ready.

I'll be fine.

I apologize.

It's all right to be nervous tomorrow, Lindsay.

In fact, I think you might be more effective seeming nervous.

But if you're gonna come undone--

I won't. I'm ready.

I'll be fine.

I'll be fine.

[ Phone Rings ]

Donnell and Associates.

What?

[ Chattering ]

Okay. Take it in. [ Indistinct ]

[ Chattering ]

Attorneys.

[ Police Radio, Indistinct ]

[ Chattering ]

[ Man ] That's Ronald Martin.

Hey, you! Beat it.

I represent the accused. Where is he? In the backseat.

Did this man get Miranda? Yeah, he did.

Nobody says anything to him, Detective. We clear?

Yeah, we're clear.

Dr. Braun, we'll talk down at the precinct.

Until I get to you, don't say a single word to anybody.

[ Clerk ] Commonwealth of Massachusetts versus Gerald Braun.

Murder in the first degree.

Waive reading, Your Honor. Plead not guilty.

- Bail? - Your Honor, Dr. Braun cannot be considered a flight risk.

He's a health risk. Goes about shootin' people in the head.

I submit Dr. Braun's violence is obviously limited to Ronald Martin,

the man who murdered his daughter.

I don't agree with that, Your Honor. I feel my life is endangered by this man.

How so?

The defendant harbors a fair amount of animosity towards me, insofar as--

This proceeding doesn't concern you, Mr. Goode.

Thank you, counsel. But since your client has a very nasty habit...

of discharging firearms into the brains of people who displease him,

- I'll reserve my right to be concerned. - Your Honor, may I be heard?

- And who might you be? - My name is Daniel Warner.

I'm Gerald Braun's rabbi, and I can represent to this forum...

that he is not a threat to this community.

Might we have the first grade teacher of the defendant as well, Your Honor?

[ Danny ] The synagogue of B'nai Zion will vouch for Dr. Braun's character.

He has no prior record. He's a very respected heart surgeon.

He has devoted private time to community service, Your Honor.

- Loner. Keeps to himself. - Keep talkin'.

Bail is set. One million. 250 bond.

Slightest provocation, Dr. Braun, and it'll be revoked.

That's all. [ Gavel Raps ]

What the hell are you doing?

I'm tryin' to help Jerry. He shouldn't be treated like some common criminal.

In here, you don't speak. I do. Are we clear on that?

Looks like you got yourself one now, Bobby. Go ahead. Keep talkin'.

I don't know how you live with yourself-- Go ahead.

representing people like that. Hey, please! Hey, hey, hey!

[ Bobby ] Walk away. Come on!

All right, now I want that wonderful brain of yours to check every single--

[ Inhales ]

[ Exhales ]

All rise.

Case number 42132, theEstate of Margaret Ray versus T.L. Michaels Corporation.

- Mr. Donnell? - Ready for trial, Your Honor.

Mr. Pearson? Ready for trial, Your Honor.

Let's bring in the jury.

They probably will be tied up until after lunch.

We wait.

Is there anything you need?

- What is it you could provide for me, Ms. Washington? - Jerry.

Stop it! I'm not asking you to hold my hand. I'm sick of you.

I'm sick of everybody.

Just... leave me--

For the last year,

everybody looks at me.

"How sad. How-- How sorry.

What can we do? Anything we can do?"

There's nothing anybody can do. Nothing!

But I'm not a victim anymore.

- Okay. - No, no. I'm not.

I shot him.

I shot him,

and I watched his neck explode.

And then I heard him gurgle.

And it was joyous.

He suffered.

And I thank God above...

he had time to know why he was dying.

So there's really nothing I need from you.

Today, I'm at peace.

The sound--

It was joyous.

We'll hear the plaintiff's opening statement.

[ Lindsay Clears Throat ]

Good morning. My name is Lindsay Dole.

I'm the attorney representing Mr. Emerson Ray,

seated over there, beside Bobby Donnell,

who I know you have already met.

We will be setting out to prove that cigarettes manufactured by the defendant, T.L. Michaels,

caused Mr. Ray's wife, Margaret, to develop lung cancer and vascular disease,

which then caused her death in 1994.

I was instructed not to do that-- to drink water.

Mr. Donnell told me since none of you have water,

it's possible you could resent me for having it.

So I was determined not to drink it.

But, well, this is my very first jury trial.

And as soon as I stood up, my mouth went dry. Sorry.

The opening statement, as you know, is not evidence.

Instead, it's sort of a preview of the evidence we intend to show you.

I'm sure you're aware that product liability cases can potentially drag on forever.

And you might be worried about that.

There's medical information,

scientific evidence, technical data with respect to cigarettes.

Are they addictive? Do they cause cancer?

Did they cause Mrs. Ray's cancer?

Was that cancer the exact cause of her death?

To prove all of this to an exact certainty,

we would have to be putting up expert witnesses for weeks.

We are not gonna do that. We don't need to.

Emerson Ray will tell you...

how his wife smoked cigarettes, on and off, for 52 years.

Cigarettes manufactured by the defendant.

Her treating doctor will tell you that they killed her.

Rabbi? Where's the funeral?

Prime Watch,that news magazine show-- they've invited me and Bobby to go on.

What? Tonight. They're doing some case about Gerald.

Leonard Goode is going on. So is Father O'Brien.

Where's Bobby? Whoa, whoa, whoa, whoa.

They're in the middle of opening arguments. You're not going in there.

No, the show is tonight. Yeah, yeah, yeah.

Well, well, you just wait for us back at the office.

You ain't goin' in there.

Her doctor will talk about this photograph,

which shows her lungs corroded by the carcinogens of cigarettes.

And you will believe Dr. Clark...

because he's the only doctor who actually treated Margaret Ray.

As for whether cigarettes cause lung cancer,

we will not be calling witnesses to prove that either.

We will show you what's printed on the cigarette packages themselves.

"Smoking causes lung cancer.

Cigarette smoke contains carbon monoxide."

These are the warnings of the surgeon general.

"Smoking causes lung cancer."

We will present evidence that cigarette companies manipulate the levels of nicotine.

We will be presenting evidence of a two-year investigation conducted by the F.D.A.,

in which it found nicotine to be addictive.

So much, in fact, that the F.D.A. now regulates cigarettes...

as drug delivery devices.

But this trial is not about whether cigarettes are addictive.

So we won't be calling witnesses to prove that proposition.

Addictive or not,

we're not gonna stand before you and declare Margaret Ray...

was a helpless victim who had no choice but to smoke.

We won't be saying she was blameless.

In fact, maybe she's a lot to blame.

T.L. Michaels didn't force her to smoke.

We're not even arguing that cigarettes should be banned. We live in a free society.

That's one of the things we're proud of in this country. Now, it's a slippery slope...

once you start arguing that people shouldn't have the right to make personal choices.

And Margaret Ray chose to smoke cigarettes. Make no mistake.

She bears responsibility. Of course she does.

All we're saying is so does the defendant.

Not all of it. But some of it.

You see, unlike automobiles or alcohol or even guns,

this is a product, even when you use it carefully,

it can still kill you.

They put out a product, when used as directed, causes cancer.

It's the plaintiff's contention...

that when their product does kill somebody,

they should bear some responsibility.

Just a little.

Sorry. I was doing pretty well.

We will only be putting on three, maybe four witnesses.

Unless they're cross-examined in perpetuity, we expect to rest our case by Friday.

It's possible the defendant will put up 60 witnesses.

That's how many are on their list.

I don't know, or really care.

You see, in the end, the strongest part of our case will be you.

Your common sense. Your seat-of-the-pants wisdom.

And when their umpteen experts tell you cigarettes...

are non-addictive or don't cause cancer, you'll know better.

We won't have to tell you.

Lastly,

this lawsuit is about compensating Mr. Ray...

for his loss.

I think we all know you can't really do that.

He lost his wife of 43 years.

Her death was slow,

and it was painful.

As Mr. Ray's lawyer, I suppose I should attempt...

to tap into his grief, so you people can feel it.

Well, that's another thing I won't be doing in this trial.

I would never presume to be able to articulate his pain.

Nor would I presume your ability to truly feel it,

unless you've been through it.

What I will try to tap into, however, is his anger.

The woman he loved died from smoking their cigarettes.

And he received no apology, no condolences,

not even the slightest admission...

that they are at all blameworthy.

Maybe corporations, if they're big enough, don't have to apologize.

Maybe corporations can put advertisements like this...

on billboards all across the country--

or like this--

enticing people to use a product that could give them cancer,

probably will give them cancer,

and feel no remorse.

The defendant, T.L. Michaels, generates revenues exceeding $28 billion a year.

They make more than $76 million a day. A day.

- Objection. This is totally irrelevant. - Overruled.

He just asked us to believe that the money they make has no relevance.

Gee.

You will also be hearing from a scientist who formerly worked...

for the World Health Organization.

He will testify that three million people a year...

die from smoking.

One person every 10 seconds.

One person every 10 seconds.

This case is only about Margaret Ray.

This case is only about her suffering and his.

And yet, I still cannot bring myself to call it "irrelevant"...

that in the short time I've been delivering my opening statement,

they took in another million dollars or so...

and 50 more people died.

There's something wrong with that picture.

And that one. And that one.

And if a corporation makes billions and billions of dollars...

while its product continues to kill and kill and kill--

If we just chalk that up to free society,

well, there's something wrong with that picture as well.

No, no, no, no. We are not going on TV with a case pending.

Then who speaks up for Gerald? Let me do it. If you don't want to appear, I can--

You? Leonard Goode is a professional advocate.

He'd chew you up like a breath mint. No offense.

[ Danny ] I won't debate him. I'll just say Jerry shouldn't be automatically condemned.

He lost his daughter. He shouldn't be vilified. That's all.

It's too dangerous. Better that than let Leonard Goode go unopposed.

-Jerry will get hung out to dry. -Bobby, there is some truth to this.

Public opinion is gonna count big, especially if we try to plead.

Little spin wouldn't hurt.

If we do, we just offer perspective.

We don't get argumentative, Danny.

I promise. [ Rebecca ] Bobby?

Bobby. Bobby.

- Rebecca? - I have Anderson Pearson on three.

He wants to discuss settlement.

Okay, when? Their office, tonight, 7:00.

Tell him yes. But don't sound too excited.

I am not going to sound excited.

Please. Just pick it up.

Hello? Yes. 7:00 would be fine. Thank you.

It's a trick. It's an ambush. I feel it.

- What ambush? How are they gonna ambush us? - Okay, look, look, look.

We gotta-- First off, we are all going.

They got an army. So do we.

Second, we gotta pick a number. High and a low.

- Uh, how about anything? - No, forget it. We're ahead. Her opening was brilliant.

Look, I say nothin' short of half a mil.

- What, are you crazy? - [ All Arguing ]

- What is that? - Hold it.

[ Rebecca ] Hear what they have to say. It's just a meeting.

- How can you go to a meeting? You're supposed to go on TV. - Oh, damn.

- I can't miss that meeting. - You want me to do it alone?

Jimmy.

- Oh, God. - Just give me some number two pancake. I'm ready.

All you say-- All either of you say is,

"Don't hasten to prejudge until all the facts are in."

Do we have an understanding on this?

Yes. Pancake.

Pancake. Let's pick our numbers.

High and low.

I'll do the talking.

Let me do the talking. Whatever number they throw, don't anybody's eyes bug out.

No eye bugging.

- We'll just play this easy. - Forget easy, Bobby.

Let's hard-line. You don't hard-line the tobacco industry.

- They'll try the case just to drive it between our cheeks. - Shh!

[ Door Opens ]

[ Door Opens ]

On condition of secrecy, signed confidentiality statements,

no admission of liability,

T.L. Michaels is prepared to offer $425,000...

structured over two years.

That offer is rejected.

That offer is only being made because sometimes it's cheaper to shoo away a mosquito...

rather than to slap it dead.

Look, I'm not gonna pretend that we measure up here on legal talent,

but let's be honest.

You wouldn't be making any settlement if you weren't anxious.

Anxious to avoid a protracted trial. That's all.

I understand. But we have taken away your defense.

Your strategy of blaming the victim? Gone. We already blamed her.

Your scientific assault on nicotine being addictive? Gone.

We're not arguing addiction.

Your medical-technical wizardry saying that cigarettes don't cause cancer?

We want you to argue that one.

You know, we might be crazy, but there's a climate out there right now.

States are suing tobacco companies for health costs associated with smoking.

We are taking the gamble that the public, and those jurors--

they already know that you're the bad guys.

You've already lost one.

Just a matter of time before a jury in Massachusetts is gonna want to pinch you.

And if we get them there, to the point where they want you to feel a sting?

Even a little sting? Imagine.

A million dollars is no pinch to you.

Ten million isn't even a pimple.

You rake in 76 million a day.

A day.

What if they think for killing Margaret Ray, you should forfeit just one day's proceeds?

Or even half a day.

And here's the biggest thing of all.

Most victims don't bother to sue because you're just too big a windmill.

What if you should ever lose a jury trial to a plaintiff who puts on so simple a case?

Four witnesses, no autopsy needed?

We'd be profiled in every legal journal. Mike Wallace would be in my office.

And plaintiffs would suddenly be coming out of the woodwork.

Well, you just have it all figured out, don't you?

No, Mr. Pearson, we don't.

We're just guessing. I admit that. But...

suppose we guess right.

Can you really afford to take that kind of chance?

Can you?

With your contingency fee, you're turning down $150,000.

Now, it's just a hunch, but I suspect you could use that money.

We reject your offer.

Let's go.

[ Door Closes ]

Are you crazy? Four hundred thousand?

We were authorized to take anything over three, Bobby.

I was authorized to reject it too. [ All Arguing ]

I know what I'm doing. Excuse me, but did you forget that we were broke?

[ All Arguing ]

[ Elevator Bell Dings ] [ Door Opens ]

I'm gonna attach these to your lapels.

You don't have to speak directly into them. Is my forehead sweating?

Uh, this way, gentlemen. It sweats easy.

[ Bell Ringing ]

Good evening, and welcome to Prime Watch. I'm Suzannah Riley.

Tonight, the stunning events surrounding the Martin trial...

and the renewed debate over the question of revenge.

They're gonna make another offer. When? Tonight?

Maybe. What makes you think that?

They offered four. He turned it down. What?

- Et tu, Rebecca? - Damn right, et tu! We were hoping for three, et tu.

Listen to me, all of you.

They have a huge interest in settling this before the actual trial starts.

As soon as a witness takes that stand, they're in trouble, and they know it.

- [ All ] Why? - Because if they can get rid of it now,

they can sell it publicly as a nuisance settlement.

As soon as the trial's in progress, any settlement is perceived as a defeat.

That's why they had this meeting tonight.

- They wanna make this go away before the trial gets started. - But you turned it down!

Four isn't enough.

- They're gonna make another offer. - You hope.

Yes, I hope. I hope.

- I hope, I hope, I hope. - Ah, look!

Here they go.

[ Riley ] ...both of you attended every session of the Martin trial.

Oh, God, help us.

Strange to find two religious leaders embroiled in a murder case.

But even more strange that each of you seems to be...

embracing the respective murderer, if you will.

I neither embraced nor condoned what Ronald Martin did.

I simply offered him forgiveness.

Okay. Why? He murdered a girl.

For which he was judged to be insane at the time.

But there was no suggestion of insanity at the time Father O'Brien forgave him.

Easy, Danny.

I refer to the Old Testament, which demands total forgiveness.

Yes. It also talks about eye for an eye,

which is about avenging evil.

Truth be told, Dr. Braun's crime...

was far worse than Ronald Martin's.

- What? - Ronald Martin's act was of an insane impulse.

Dr. Braun's, however, was deliberate, premeditated...

and therefore more repugnant.

An opinion you would quickly change, of course, should Dr. Braun put you on retainer.

I take exception to that, Rabbi.

You're hardly an arbiter of what's repugnant. Ronald Martin was a murderer.

You celebrated the night you freed him. As did you celebrate, I suspect,

when Dr. Braun was granted bail.

Right now, an admitted killer is out walking on the streets.

Well, who put who back on the streets, Mr. Goode?

Oh, no. His cheeks are flushing.

If someday you are charged with a crime, Rabbi,

would you hire somebody who feels more responsible for society's fate or your own?

That's one way of looking at it.

Another way is, if I were murdered, you'd be standing...

first in line to get my killer off. Oh, please.

Please. This guy's good.

[ Riley ] Certainly, Rabbi, you believe that all accused criminals...

are entitled to a defense.

A truthful defense. But that's not what he offers.

The jury never got to hear the truth in Ronald Martin's trial.

They never knew that he previously tried to kill another girl,

because he suppressed that information.

Your problem is with the Constitution.

No, no. His problem is with lawyers like you...

who use the Constitution to get off scum like Ronald Martin.

He's not scum. Stop slandering this young man. He's dead.

There's nothing wrong with slandering dead murderers. I read the Bible.

[ O'Brien ] That's ridiculous. Gentlemen, please.

What if everybody who was unhappy with a verdict...

took it upon themselves to exact revenge?

A lot of injustice would occur, but this isn't such a case.

And Jerry Braun shouldn't be crucified because of what might hypothetically happen...

if you don't condemn him on some legal principle,

when morally, it's not so simple.

- No. - If Gerald Braun came to you before and said,

"Oh, by the way, I'm going to kill Ronald Martin,"

I hardly think you'd give him your moral blessing.

Well, you would be wrong, Mr. Goode,

because Dr. Braun did come to me,

and I did give him my blessing.

- What? - [ Riley ] Wait a second.

You told Gerald Braun that it was okay to shoot Ronald Martin?

He-He never said that.

I said between Ronald Martin going free and Ronald Martin being dead,

it was more moral for him to be dead.

- Mother of God! - Page Jimmy as soon as they go off the air.

Tell him to drag Danny's ass in here.

I don't believe this. That's not in the Torah.

- [ Phone Rings ] - [ Bobby ] Hello?

Yes, this is Mr. Donnell. Oh, hi.

Listen, I don't-- I don't mean to be impolite.

Well, sure.

That was Anderson Pearson.

He's on his way over.

What? Here?

- Yes. Here. - Please. Whatever he offers, just say yes.

- Thank you, Rebecca. - Here?

Yes, here.

Bobby's very upset. Very, very upset. Why?

Why? You encouraged Dr. Braun to commit a homicide.

This is not an appropriate thing rabbis should do with their congregants.

Mr. Warner? Yes?

Detective Robert Belle, Boston Police.

Would you place your hands behind your back please, sir? What? Why?

Accessory to murder?

All right, all right, all right, all right. Let-- Let's get him arraigned tonight.

If we do it tomorrow, the press'll be all over it. Can you handle the arraignment?

Of course I can do it. What kind of a question's that?

Okay. I can't imagine they'll ask bail. Plead not guilty.

Oh, thanks. You know, I was gonna plead him guilty and get him a life sentence.

He's got such great faith.

Tell him not to worry,

this is bogus, it's just showtime and that I'll take care of it, okay?

- [ Bobby ] Not guilty, Jimmy. - You're a stitch!

Can you believe it? They arrested him.

- What a night. - [ Knocking ]

I'm not going to preface anything or do a big sell.

This check has already been signed, so there's nothing to negotiate.

You either take it or leave it.

But this will be our final offer.

It's designed to be preemptive. After this, we will take our chance with the jury.

Even one which happens to find you adorable.

What's the number?

If you never believe anything I ever say,

believe that this is the last and final offer.

What's the number? One point seven million.

Accepted.

No admission of liability, confidentiality, the usual language.

You have full power of attorney? I-- I do.

Sign.

We'll make copies.

This is yours. Tell your client congratulations.

And please tell him that I'm--

that, uh, we're very sorry about his loss.

You-- You--

- This is good. - Yeah.

Can we get a conference table now?

[ Chuckling ]

Yeah.

I don't know, but, um, maybe we should tell the client.

[ All Laughing ]

Tell him we settled for 400.

[ All Laughing ]

And Jimmy. We gotta tell Jimmy.

Oh, God. Jimmy.

James L. Berluti representing the defendant. We waive reading, Your Honor.

And pursuant to my authority as counsel, I enter a plea of not guilty.

Bail?

We'd be requesting an immediate trial date, Your Honor.

My client feels scorned by these horrible charges,

and would like an opportunity forthwith to clear his name.

Forthwith.

Two weeks, Monday. Is that "forthwith" enough?

Oh, this would be suitable. Thank you, Your Highness-- Honor.

Personal recognizance. See Probation. Next.

[ Gavel Raps ]

That went very well. Very, very well.

All right! I don't know what to say!

Every law firm said to me, "No way!"

You people said, "Maybe." And you backed it up.

- Well, that's mainly because of Miss Awesome here. - And Bobby with his game plan.

- Ah, which only I supported, by the way. - Oh, get out of here.

- [ Ray ] Say, where is Bobby? - Oh, he'll be here. He and Rebecca are locking up.

But they'll be here. Good. Here's to Bobby.

Hey, Beck.

Hey.

Guess we should get goin'.

Yeah.

It's okay to cry a little.

Ah, it's just--

just money.

Just a settlement.

Okay.

Then I'll cry. [ Crying ]

You should call your dad.

Yeah.

[ Woman ] You stinker!