All language subtitles for The.Practice.S06E02.Killing.Time.HULU.WEB-DL.AAC2.0.H.264-AJP69_track3_.eng

Previously on The Practice:

His name is James McNoun.

He's a business associate
of Marcia's.

The police have issued
no statement as of yet,

except to confirm that
a fatal shooting did take place

in the senator's home.

This is Alan Lowe.

He just came over
from Middlesex.

Why do I care?

Because he's
your backup on this.

My father didn't know
about the affair,

but I certainly did.

First I got the gun,
and I shot Mr. McNoun.

Your Honor... Chambers!

No question. We're having
our hand forced by perjury,

but the likelihood is he
flipped out and he shot the guy,

and we would be crazy
to walk away from this deal.

I only accepted
this plea of manslaughter

because my conscience
cannot permit

allowing my daughter to accept
any culpability for this act.

And if she is the shooter,

I am going
to eventually prove it.

I say this now...
Client to attorney...

Jim McNoun had his affair
with Keith.

What?

You all were so close.

You just had
the wrong spouse in bed.

And the wrong one with the gun.

I made a mistake.

I will now serve time
for that mistake.

I appreciate you coming in.

If this is
what I think it's about,

I'm happy to have the discussion
here instead of my home.

We can go
into the conference room.

I won't presume
to know the anger

you must feel
toward your husband.

Wise choice.

He's in prison for a murder
he didn't commit.

Can you really live with that?

Was that your concern...
How I'm holding up?

If I can negotiate
a favorable deal

with the district attorney... No.

Marcia... Ellenor...

I told you what I told you

under the seal
of attorney-client...

I know this, but...

Then let me tell you
something you may not know.

If you reveal my confidence,
I will sue you.

And this firm.

Do you really think I'm afraid
of being sued, Marcia?

Keith can accept it this way.
Why can't you?

Because I can't.

If you pull
that switch, Ellenor,

at least have the presence
of mind to enjoy it,

because it will be
your very last act

as a practicing attorney.

What time?
Around 9:30...
right after you left.

Did she say what she wanted?

No. She and Ellenor went
into the conference room,

but they both seemed suspicious.
Ask jimmy.

John.
How are you?

I'm fine. How are you?

Great, great, great.

Everybody, this is, uh...

Well, they know who you are.

John Mockler,
this is Rebecca Washington,

Jimmy Berluti, Lucy Hatcher,

Eugene Young.

To what do I owe this?

I want to engage
your services, actually.

I have a client scheduled
for execution on Thursday.

He wants me to be
with him in Indiana,

which means I need
local counsel up here, rule 48.

Actually, I start trial
on Friday.

Bobby, there's really
nothing to do.

I just need somebody
of record just in case.

Me. Me.

I think Rebecca
might be interested.

Okay, excellent.

Give me ten minutes.
I'll bring you up to speed.

We can meet
in the conference room.

John Mockler.

Who's he?

He's it
for death penalty appeals.

He has stayed more executions
than everybody else combined.

Vivian?

Hey, Eugene.

Wh-what's wrong?

Well, Leonard sent me.

To tell you that, uh,

he doesn't want you
for the parole hearing.

What do you mean
he doesn't want me?

He doesn't want you.

Well, did he hire
somebody else?
No.

He says he just wants
to represent himself this time.

You know how he gets.

Let's go.

All federal executions
are in Indiana.

Jurisdiction of the case,
though, is still in Boston,

which is why
I need local counsel

should there be any
last-minute appeals...

Which there won't be.

Walter's waived them.

What did he do?

Killed a federal employee.

It wasn't very pretty,
but that was then.

Today he's a different man.

And...

he's ready to die.

He wants to die?

He wants closure.

I was...

I was hoping
I'd get to do something.

Can... can I meet him?

What if he changes his mind

and suddenly does want me
to file an appeal?

It would help for me to be able
to represent to the court

that I know him a little.

Okay. Good point.

Want to come with me now?

Oh, sure.

Well, let's go.

Keith was sleeping with the guy,

and she shot him.

But she prefaced it
with client-to-attorney,

and I know ordinarily
it has to be sealed,

but since we represent
Keith as well,

and this could help him...

This is why we should have
never represented both of them.

That's something
you don't need to tell me.

The question is, what do we do?

I don't think
there's anything we can do.

So the congressman is gay?

We just sit back
and let an innocent man...

You tried to convince her
to come forward?

Oh, yes. She didn't
exactly waver in her response.

And Keith knows she did it,

and he's taking the fall?

That's another story, but yes.

Have her come in again
and see how well
she plays poker.

Bobby, she doesn't really scare.

Have her come in.

You're taking it personal.
It isn't personal!

It should be. You...
you're the one facing life
in a prisoin cell.

That's right.
I'm the one.

You can't win this without
an attorney, Leonard

This isn't about
winning, Eugene.

The Parole Board... Leonard...

They just look at the man now.

I don't need a lawyer for that.

Lawyers sometimes
can obstruct the view.

So this is
about punishing me.
It is personal.

I know you did
the best you could.

I know that.

You also know that I paid
for half of the investigation

with my own money,
so you don't feel entitled
to tell me you're angry.

Instead, you just
dismiss me with this
passive-aggressive garbage?

Hey, if I wanna fire you...
You sent your wife
to say, "Don't come."

You're fired, then, okay?

If that's the way you want
to hear it, hear it that way.

I figured...

the only chance...

to convince the board
to let me go

is to go in there
and put myself before them

without the shield of a lawyer.

Without the advice,
because you know
what my advice would be.

Enough! Shut it down!

What message do you plan
to be bringing, Leonard?

I am innocent.

Same message as my trial.

At appeal.

I'm innocent!

You will lose.

Now if it seems like
I'm taking this personally,

it's because
I know you're innocent,

and I know
I'm the lawyer who lost this.

I got the witnesses lined up.

I've done my homework
on the board.

Let me do this
with you, Leonard.

You got a wife out there, man,

a son who wants his dad
to come home.

Let me help you.

Didn't you explain it to her?

Yeah, but she wanted
to meet you.

Okay.

Mr. Mockler tells me

you've pretty much
given up hope.

I'm full of hope now.

I've never been so
hopeful in my life.

Ms. Washington...

Who I was when I committed
that crime

and who I am now...

Two very different people.

I guess that makes me curious

as to why the person you are now

wishes to be executed.

Do you know the atrocity
of my crime?

I stabbed a woman 78 times.

I studied this.
I prayed.

I was trying to find a way
to forgive myself.

And then I saw the truth.

Forgiveness
is somebody else's job.

And he's already done it.

He washed me clean
the minute I sincerely repented.

When you pray,

do you tell God what you want,

or do you ask him what He wants?

God doesn't forgive you
so you can die happy.

I think He washes you clean

so you can start over,
so you can learn

and struggle and do His work.

Walter, you could live
another 40 years.

And how much good could you do
in here in that time?

How many people could you help?

How many souls could you save?

Maybe you could start
some ministries.

Walter, have you ever
thought of that?

We could file
an emergency hearing
in first circuit.

He seemed like
he might change his mind.

Rebecca, let me ask you
a question.

Do you think
you helped in there?

First of all, there aren't
any more issues.

We've exhausted them.

There's always something.

No. No, there's not gonna
be a stay of execution.

No commutation.

All you succeeded in doing
just now is agitating him.

So instead of dying
with any sense of closure

or feeling at peace with God,

he might now feel his death
won't be satisfactory penance.

So, the one thing he had left
to cling to

you perhaps
just stripped him of.

He's not a cause, Rebecca.

He's a human being...

who will die on Thursday.

Perhaps a little more
painfully now.

The prison parole officer
will testify for you.

He supports your release.

Well, you'd think
that should be the end of it.

We wish.

The board is made up
of four prosecutors,

a retired police lieutenant,
a probation officer,

and an advocate
for victims' rights.

Stacked.

Okay.

Let's turn to it.

You know what I'm going to say.

And you know what I'm
gonna say when you do.

If you do not take
responsibility for the crime,

they will never let you out.

I will not say that
I committed that crime!

They won't even adjourn
before they vote!

I won't say... Go to hell!

You arrogant son of a bitch!

Get out of here!
You want to be proud?

You got a kid
at home without a father.

Get out of here!
How proud is that?

Hey, guard, get him out of here!

Hey, stay the hell away!
This is my client.

Don't come near us.
I'm not leaving!

You have to.

They do not let people
out of here

unless they show remorse.

Now, that's the only way.

That's the only way.

I met with my partners
on this, Marcia,

and we need to inform you
of our decision.

After very careful
consideration,

we've decided to risk sanctions
from the Massachusetts Bar,

and we're going to reveal
your privileged communication

to Ms. Frutt.

We feel the sanctity
of the attorney-client privilege

is simply outweighed
by the injustice caused
to your husband.

Add to that,
as officers of the court,

we feel we have an obligation
to disclose that an innocent man

is serving a prison term
for a crime he didn't commit.

Now, we have two choices.

We can go forward
with you here,
or without.

Going with you, we feel
we're in a better position
to protect you.

We may even be able
to negotiate a reduced plea,

given our relationship
with the district attorney.

Obviously, it's best
for you to join hands
with us here.

I completely agree with you.

With a few small exceptions.

First, if you reveal
a privilege,

particularly this one,

you don't simply risk sanctions,
you'd be disbarred.

Second, by doing so,

you perhaps unwittingly
shield me from any prosecution,

since Ellenor won't be permitted
to testify

and the DA would never be able
to build a case

independent
of the poisonous fruit,

to borrow a phrase
you're fond of.

Third, the DA got a conviction
for this crime.

Good luck getting her
to reconsider it.

Fourth, I simply don't know
what Ellenor is talking about.

She must've misunderstood
something I said.

And fifth,
could you all go somewhere

and respectively self-fornicate?

I understand I may have
perhaps riled you up.

That was not my intent.

I understand that.

I was only trying to convey...

Walter, if you, in your mind,

were choosing death
to serve God,

it's possible to serve God

with your life's work as well.

I think it's best
if I accept my punishment.

Okay.

I do thank you.

Well...

It was nice to meet you.

It's nice to have lawyers
who believe in the Lord.

I owe my salvation
to Mr. Mockler.

I know that.

You do? Why?

He opened my heart to Jesus.

John Mockler did?

Of course.

Did John Mockler persuade you

to sacrifice your life
for Jesus?

He persuaded me to serve Jesus.

To embrace him.

And you're serving him by dying?

By accepting the punishment
for my sins.

Let's just start.
Can I begin?

'Cause I don't think there's
anything to talk about.

We can't break privilege.

It's not that simple.

I think it is.

Privilege exists
to protect the client.

Here, we have competing
client interests.

It's absolute, Ellenor.
Doesn't matter.

It does matter,
it's not absolute,

and there are exceptions.

But this doesn't qualify
as one of them.

I'm just as pissed off
as you are, Ellenor.

Well, obviously you're not!

I'm sorry.

Everything she said is true.

We'd face disbarment.
It wouldn't do any good.

Plus, what you didn't say is,

we're in the business of keeping
clients' secrets,

no matter what.

There is one other way.

Go to Keith.

He can still
blow that whistle here.

Can I tell him what she told us?

Is that violating privilege?

I don't think so,
and even if it does,

it's nothing that she can
make a meal out of.

Would you be okay with me
going to Keith?

I think we can live with that.

He didn't exhaust
all the appeals.

What?
John Mockler.

There's some he left out
for Walter Dawson,

and there have been others.

What others?

Death penalty clients,

who suddenly found God

and decided to waive
last-minute appeals.

John Mockler helped them all
find God.

He's helping the state
kill his clients.

Is this
why you wanted to see me?

You do seem to have
a high percentage of clients
who find God.

Right before they die.

When was the last time
you faced death, Rebecca?

It can make you turn
to spirituality,
believe it or not.

You said you exhausted
all of Walter Dawson's appeals.

You didn't.

What'd I leave out?

He was diagnosed
with fetal alcohol syndrome.

That was raised at trial.

For diminished capacity.

It should have been raised
again for sentencing.

I don't think it would
have had any effect.

And I come down against drafting
kitchen sink appeals.

You only lose credibility.

You had another client...
Larry Wilcox?

You chose to raise FAS
in his defense.

I thought
it was more persuasive there.

How come you didn't try it?

Because I didn't think
it would fly.

And my client, by the way,

instructed me to drop
all further appeals.

After you helped him find God.

Rebecca, he's gonna die.

What do you suggest I do,
hand him a copy

of Chicken Soup for the Soul?
All right.

Now, I pursue
all viable appeals.

And sometimes, I even win them,

if you bothered
to check up on that.

But when there's nothing left,
when there is nothing left,

I do try to give them
some consolation.

If they feel they're getting
some kind of salvation,

it helps.

I have been there, Rebecca.
I've seen it.

It helps.

Ah, it's been a long time

since I had on a coat and tie.

You look good, Dad.

You think so?

Parole officer goes up first.
He's with us.

Remember, the board doesn't
figure to be sympathetic.

You can't let them
antagonize you.

You want to say that again?

You want to give me
some sign you get it?

He gets it, Eugene.

He's ready
to do what's necessary.

Baby.

All I've had these last 12 years

is my word and the truth.

If I say I killed that man...

It's your only chance
to get out.

There's been a lot of people
supporting me, Vivian...

Raising money to pay his bills,

people going to the bank
on my being innocent.

What do I say to them?

They all know

this is part
of the game, Leonard.

Me lying.

I got to go and lie
to get redemption.

That's the game.

Dad.

Just get yourself out.

Come home.

Ellenor went to see Keith,

Eugene is at the parole hearing,

and Rebecca...

You never went home.

There's more.
Rebecca...

You might believe him...
but I don't.

There is nobody who's done more

to fight the death penalty
than John Mockler.

Bobby, there's more.

What are you talking about?

Keith, I know.

Marcia discovered you
in bed with McNoun.

She killed him.

I know it all.

How can you be willing
to serve a sentence

for a crime she committed?

My God.

Do you think being gay
is worse for your image

than being thought of
as a murderer?

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

Marcia told me to keep me
from going after Allison.

She is lying!

To punish me
for killing her lover!

Oh, she's seeking to punish you

by confessing to me
she's a murderer.

That really makes sense.

Keith...

I'm one of your oldest friends.

I am not gonna love you any less

because you are gay.

For God's sake...

Do you know the letters I get?

They think I'm a hero.

"Good for you," they say.

"I would have
blasted him, too."

I'm a folk hero, Ellenor,
and when I get out,

my constituency
will still be there.

Michael Dukakis...
His career died

when he reacted with dispassion

at the idea of his wife
being attacked.

"Good for you," they say to me.

"You shot the bastard.
What man wouldn't?"

Please...

I'm instructing you
to drop this.

I made my deal.
I'm happy with the deal.

And as your client,

I instruct you
to just let this be.

You will carry out
my wish, Ellenor.

I tell inmates,

"Use the time in here.
Don't let it use you."

And how has Leonard Marshall
used his time?

Well, he's improved
his education.

When he first came to us,
he had anger issues,

but now he teaches
the anger management course.

A lot of the inmates
and even some of the guards,

they look up to him.

I'm seeing in the file
last month,

they found a syringe
in his cell.

I think that syringe
was planted.

When a man gets
a parole hearing date,

the first thing I tell him is,
"Check under your mattress,

and make sure nobody frames you
by planting a knife or drugs."

If Leonard Marshall is released,

does he pose any threat?

Not in my opinion.

How can you be sure?

Well, men his age
have low recidivism rates,

especially when they have
a support network
on the outside.

He's got that support
from his wife and his son.

Correct me if I'm wrong,

but half the men in prison today

committed felony crimes
while on parole.

Well...

Again, correct me if I'm wrong,

but in 1991, 13,000
people were murdered
in this country

by criminals
on parole or probation.

Is the chairwoman
introducing evidence?

Mr. Young, this is not
a court of law.

The rules of evidence
do not apply.

I realize that, but...

Also, there's no reason
to object.

No appellate court
reviews our decisions.

I don't have time for this.

I'm on a plane to Indiana
within the hour.

Things seem to be
a little coincidental.

Your most heinous clients
seem to find God

and waive all their appeals.

The ones who might be innocent,

you push their cases to the end.

And you think
that's coincidental,

that the evil would be
more predisposed

to seek redemption?

You're deciding who lives
and who dies, John.

The ones you choose
not to fight for,

you steer them to find religion.

You're conducting
some kind of mad triage
with your clients.

No, what's mad
is that suggestion.

I called a lot of the families.

You influence Death Row inmates
to waive appeals,

to seek salvation.

I'm not listening to this.

I used to respect you.

All this time I thought
you were this big champion

against the death penalty,
and look at what you are.

Do you know when you file
for stay of execution
with the Supreme Court,

you're lucky
if one of the clerks

even skims your brief?

Know why that is?

Because every attorney
for every Death Row inmate
files,

claiming his case is special.

And eventually all of them...

All of them,
even the legitimate ones...

Fall on deaf ears.

Now, I'll tell you
what the problem is, Rebecca.

Defense attorneys
have no credibility anymore.

They pay attention when I call

because I don't waste
their time.

There is a reason
I've gotten more stays

than any other lawyer.

So you weed out the good cases
from the bad

and sacrifice people
like Walter Dawson?

I did everything I could
for Walter.

And I will be at his side
tonight.

Bye Bobby.

Finding out it was Leonard
who did it

was almost as painful
as losing Jack.

We were all friends.

At least I thought we were.

How do you feel
about granting parole
to this man?

I'm a Christian woman,

so forgiving people is something
I have to try to do.

It took me a long time,

but I did forgive Leonard,
and I pray for him.

You've heard the testimony
about the prisoner's

exemplary behavior
over many years.

Sounds like the Leonard Marshall
I used to know.

Are you saying
you support parole

for your husband's killer,
Mrs. Horan?

I don't believe
in an eye for an eye,

but I wouldn't want
another family to be destroyed

like mine was,

so I pray
that you keep him in prison

for as long as he lives.

Thank you.

We'll take a 15-minute break

and then we'll hear
from Mr. Marshall.

It comes down to you.

I don't think I can
say it, Eugene.

I cannot say I'm guilty.

If you don't, Leonard,

you will spend
the rest of your life in prison.

I swore to my wife and son...

that I wouldn't let prison
make me hard or break me.

And if it wasn't for them...

I don't know.

It sounds like you've done
better in prison than out.

I'm sorry?
Well, on the streets,

you seem to have had trouble
holding a job,

and when you got fired
from the garage,

you got angry
and committed murder.

Is it possible you do better

in a more structured
environment?

What are your plans
if you're released?

After what
I've been through here,

I'd like to find a way

to... help kids
stay out of trouble,

maybe become a counselor
or a teacher or something.

At trial, you denied
murdering Jack Horan,

is that correct?

Yes.

And you continued
to deny your guilt

throughout
the appellate process.

Yes.

Do you now accept responsibility
for your crime?

Mr. Marshall,
did you not hear my question?

I heard the question.

Sir, Mrs. Horan
is sitting right there.

She's been waiting 12 years

for you to finally tell
the truth.

Is that gonna happen today?

Mrs. Horan...

I know you suffered so much.

And I'm sorry...

but I did not kill your husband.

Mr. Marshall...

Taking responsibility
means admitting the crime.

Even if it's not the truth?

Leonard...

Mr. Marshall,
I will remind you, sir,

accountability is
a condition for parole.

I didn't kill anybody.
Leonard, don't.

You're telling me,
to get out of here...

I got to show you
I'm a good man.

And the only way to do that

is to lie and say I'm a killer.

Well, I am not a killer!

I am not a killer!

Are you done?

I am not done.

You see...

you have to make me
say I killed him,

because otherwise,

you have to face the fact

that you've got an innocent man
sitting in jail

for 12 years,
for something he didn't do.

You just want to pretend

you only got guilty people
in prison.

Mr. Marshall,
I warn you...

You warn me what?

That I'm not
going to get parole?

I was never going to get parole.

Not from you.

You know, it's a joke.

A damn joke.

Now, I'm done.

Rule 48 says I can make
an oral motion

for an emergency stay.

Yeah, wait a second.

Your client wants
to be executed.

Because he was brainwashed
by his lawyer.

Are you serious?

Your Honor,
I really believe it's true.

I've been a friend
of John Mockler's for a long...

If John Mockler didn't want
to help somebody,

why wouldn't he just decline
to take the case?

Are you suggesting
he took on clients

for the purpose of securing
their executions?

Possibly, yes.

Why?

Well, he has cases
he wants heard

at the appellate level
at the Supreme Court.

Because those courts
are inundated

with so many futile
baseless appeals,

a lot of deserving cases get
thrown out with the bath water.

So I think he takes cases
to weed them.

If there's anything remotely
redeeming about a client,

or there's police misconduct,

or the guy could possibly
be innocent,

he goes to the mat.

For the scumballs,

they all find God
and waive final appeals.

He is deciding who's entitled
to a defense and who's not.

On the record before me,

Mr. Mockler has committed
no malpractice.

And there is no evidence
of any mental defect

on the part of Walter Dawson.

Can you stay the execution
for a week,

to at least take a look?

No.

But I...
I salute your innovation.

I mean, this is...
This is a new one.

Is John Mockler behind this?

No, he isn't.

Declare him incompetent?

It's all I can think of.

I mean, you should have
seen him, Jimmy.

He... he sounded almost deranged.

But he's still
legally competent.

Ellenor, we're at a dead end.

There's nothing more we can do.

So you went to see Keith

and told him what I said to you.

Why don't you sue me?

Ellenor, if you go
any further with this,

I will very much sue you.
Count on that.

Marcia, sooner or later,

you're gonna make a mistake.

Well, for now,

you'll have to wait
until that happens.

I will.
You can count on that.

The fact is, parole
is a political process.

A man convicted of murder
wants to be released.

If you deny that request,
nothing happens,

but if you grant it,

there's always a chance
he might kill again.

Nobody needs that pressure,

nobody wants that guilt,

nobody's looking
for a public scandal,

so, yes, you could give
my client a fair hearing,

but bottom line...
What's in it for you?

Are you saying we're
corrupt, Mr. Young?

I'm saying that what
we've forgotten somehow

is that this is a man...

A man who has fought
to better himself,

a man who has done his time
with grace and dignity,

a man who deserves
to be released,

but because there is
no political upside,

you won't take the time
to figure that out.

Now, I admit
that a lot of these inmates

probably should be rejected,

but what about the few
who shouldn't be?

Yes, Leonard Marshall
claims to be innocent,

and what if he actually is?

With new technology,
with the use of DNA,

we know for a fact

that innocent people
do get convicted.

This is not a forum
to retry your client's guilt
or innocence.

My client wants to go home.

He could have lied.

He could have come in here

and said exactly what
you wanted to hear.

But instead
he risked everything...

The chance to go home
with his wife and son...

Because he wouldn't give away

the only thing
that kept his family sane

for the last 12 years...

The fact that he is innocent.

This may not be the forum
to prove it...

but don't tell me
it's not relevant.

This is Leonard Marshall's
family.

They were there
the day he was taken away,

and they are here now,

asking you
to please give him back.

Take this chance.

Prove that you're
motivated by justice,
not politics.

Prove that you care
about people,
not publicity.

Prove that this board
can be feared but still fair.

That's what Leonard
Marshall wants.

It's what he deserves.

Thanks.

Viv...

James, I, um...

I know you're very angry
with me right now, and...

But I, uh... I just...

We're ready.

Six minutes.

For the purposes of this
hearing and our decision,

we must presume the defendant
to be guilty as convicted.

That said, we're faced today

with a man who committed murder,

who still refuses to accept
responsibility for his crime.

I have never heard
of any parole board

granting release
under such a circumstance.

So today would be a first.

By majority vote...

Mr. Leonard Marshall's
petition for release...

is granted.

We are adjourned.

Granted now?

Pretty much.

Oh, my God.

Still here?

Yeah. I didn't feel
like going home.

Has it happened yet?

Any minute, I guess.
I have it on.

You did all you could.

Here it is.

The sentence of death
was carried out

upon Walter Dawson.

The procedure was
initiated at 12:09.

Death was pronounced at 12:23.

His final words were
to ask forgiveness

from the victim's family.

And from God.

That's all. Thank you.

That was Warden John Hauser,

and now we are switching
to attorney John Mockler.

As surely as Walter Dawson
committed an act of murder,

so did our federal government
this night.

Our country charges
all over the world,

declaring itself a champion
of human rights.

I ask you,
from where do we derive
our moral integrity?

Learned Hand, you know, he said,

"Liberty lies in our hearts.

And once it dies there,

no constitution can save it."

I might suggest
the same would be true

for humanity.

You stinker!