All language subtitles for The.Practice.S06E03.Liars.Poker.HULU.WEB-DL.AAC2.0.H.264-AJP69_track3_.eng

You're number 218?

Yes. I thought
I was meeting Freddy.

Well, Freddy works for me,
but I gave him the day off.

I'm Sid Herman.

Jimmy.

Well, my condolences, Jimmy.

What the Steelers did to you
ought to be against the law...

Cruel and unusual punishment.
You see the game?

Of course, you saw it.

$5,000 wager... you got a pulse,
you're going to watch the game.

That interception killed me.

That's why I don't bet.

I have a good portion
of the money.

See, I would've gone
with the Steelers, too.

What, are you kidding...
Getting 8 1/2?

But now, oh, with the Steelers

and, uh, losers on the Falcons

and the Rams and the Bears
and the Niners,

plus, what you didn't get
to Freddy last week...

I have $7,000.

Which means you owe,
what, 27 more?

Which I will have
by the end of the week.

You're two weeks late now.

I'm going to borrow some money
from my retirement account,

but it takes a couple of days,

and I got a call in to
a cousin of mine in Worcester.

Guy owns, like,
12 parking lots...

I got another idea.

Okay... sure.

You're a lawyer, right?

Yes, I mean...
Did I tell Freddy that?

My proposal is this...
You provide some legal services

and your debt goes away.

Well, what sort of, uh,
legal services?

My ex-wife is trying to rob me.

Will you be my lawyer, Jimmy?

It's decaf, Lucy.
It's not.

I can tell when it's decaf.
It's regular.

You know, I find on trial days
I don't need caffeine.

Listen to you, the office
coffee hog, telling me...

What?

You might as well hook up
an I. V., Rebecca.

I take my share, no more.

Lindsay, that was
Martin Jenks' mother.

She's still in Hartford.

Wait. Excuse me?

She couldn't get the day off.

Her son goes on trial
for attempted murder.

She can't get the day off?

I thought
you were going to plead.

He wouldn't let me.

Don't tell me... he's innocent.

He is.

Morning.

Still morning?

Sorry I'm late. That, uh,
personal matter of mine

went a little longer
than I thought.

Bobby, you got a minute?

Sure.

What's up?

Deposition in the Sandler case
got pushed.

They're saying
beginning of next month.

That's what you need
a minute for?

Bobby, I was asked to do
some pro bono work

which I really need to do.

What's wrong?

I'm... I'm in a little bit
of a jam

and I need to do a guy a favor.

I'm listening.

The guy's my bookie.

I don't gamble anymore.
Trust me.

You do not have to worry
about that

because I have definitely
learned my lesson.

What do you owe?

$27,000.

It started small
to make the games

more interesting.
That's all.

Last season, I did okay...

Better than okay.

Started thinking
I knew what I was doing.

What's the case?

His ex-wife is suing him
for fraud.

He won the lottery.

She's claiming
he didn't tell her.

Lottery? For how much?

Well, $100,000.

He says he bought the ticket
with separate funds.

The lottery commission's
holding all the money

until the ownership issues
are resolved.

Anything I can get him
over 70 comes off my tab.

It's one day's work...
Two at the most.

She did everything right.

She stayed calm,
she avoided eye contact,

and she gave up the money
without a fight.

He shot her anyway.

It's a miracle she didn't die.

When did you arrive
on the scene, Detective?

Within minutes. There was
another woman at the store.

An eyewitness... Martha McKee.
She's the one that called 911.

What happened after you arrived?

Well, we got a description
of the shooter from Mrs. McKee.

We pulled the surveillance tape
and started canvassing the area.

We found the defendant
less than two blocks away.

What was he doing?

Sitting on a stoop, drinking
beer with some of his friends.

He was dressed
just like on the tape...

Same sweatshirt, everything.

What did you do next, detective?

We placed him under arrest
and searched him.

We found $580 in his pocket.

This witness... Mrs. McKee...
Did she attempt to make

a formal identification
of the suspect?

Yes, we showed her
a photo six-pack.

This one?

Yes. She positively
identified photo number 2

as the man who shot the clerk.

And whose photograph
is in the number 2 slot?

Photo number 2 is him,
the defendant Martin Jenks.

The clerk who was shot...
Did she identify my client?

No, she couldn't make
any identification.

None at all?

She knew it was
a white male. That's all.

When you found my client,
detective,

did you find a gun on him?

No, we never found a weapon.

Any fingerprints at the scene?

He was wearing gloves.

Did you find the gloves?

No.

It went good.
Didn't it?

Well... it looked like you
on the tape.

"It looked like me"...

Half my block has
a sweatshirt like that.

It's not
just the sweatshirt, Martin.

They've got that witness.
Who's wrong.

Wrong, but unequivocal,

and she's
a pretty credible person...

Selectman, school committee
member in Braintree...

She's wrong!

Okay, you need to calm down.

Here's the problem.
If I put you on the stand,

the jury could learn
about your record...

What, for getting high?
Stealing some CDs?

I don't take off stores
with guns.

I don't shoot people.

I believe you,

but I'm telling you
I met with this witness.

I talked to her myself.

I'm worried that the jury
will take her word.

Well, that can't be enough
to put me in jail.

It is enough.
She's an eyewitness.

Throw in the hooded sweatshirt,
the cash in your pocket...

I told you I earned that money
busing tables downtown...

In an off-the-books job
for $200 a week.

You were carrying $600.

These are the questions
you will be asked.

All the money I got, I carry.

It just...

it makes me feel big, you know?

So why, all of a sudden,
do you think

I'm going to lose?
Tell me that.

Sometimes you get
a feel in the room,

and I just don't like
the one I'm getting here.

That police officer seemed
pretty persuasive.

I didn't like the way
the jury was looking at you.

I didn't do anything.

I know that,

but if we lose,
attempted murder is 15-to-life.

And your mother not showing up?

That didn't help.

Promise me I won't go to jail.

I can't make that promise.

Please, let me try to plead.

If I can get
a reduced sentence...

Please.

The problem is

you bought the lottery ticket
on July 18th.

You won the money on the 22nd.

The divorce became final
on the 28th.

Why... why is this a problem?

Legally, she's entitled to half.

Yeah, but I'm not hiring you
for a legal opinion, Jimmy.

You got to figure out

how to keep her
from getting any.

We would have to show

the ticket was bought
with segregated funds.

But we've been over this.
I told you I did.

Yes, but your word...

I segregated the money aside
in anticipation of the divorce.

I bought the ticket
with that money.

I'm not sure
the Judge will believe that,

and if he thinks you're trying
to commit a fraud,

he could give it all to her.

That's what
I'm most worried about.

Listen to me.

I already give her
6,000 bucks a month...

More than I have to...
Which we will point out.

Just to keep her yap shut
about what I do.

Which we will not point out.

Do you know
what she does all day?

Gets her nails done
and bangs her boyfriend...

6,000 bucks a month.

This is how
she shows her gratitude.

I'd like to try to settle this.

Why?

Because I don't want it
coming down

to your demeanor
or your word of honor.

I got a meeting set up
with her attorney.

If I could get 60 for you,
40 for her...

That does you no good.

I understand that,
but we got to look

at what we're faced with here.

The Judge could give her 60-40,

and if he should
give it all to her...

I'll kill her first.

Maybe that should be
our strategy here.

We tell her,

"walk away
for health reasons."

Are you threatening her?

I'm using you to intimidate her.

Are you threatening her life?

Of course not.

Just get my money.

You just take your time,
all right?

Keep your answers short
and try to look at the jury.

Is this attorney aggressive?
She didn't seem so.

She'll be tougher in Court
than when she interviewed you,

but you just stick to
what you saw and you'll be fine.

Okay.

All right. I'll see you
at 8:45 tomorrow... sharp.

Okay.

Come in.

Oh, I'm sorry.
I didn't know you were busy.

No, it's all right.
We're just finishing.

I believe you know
Martha McKee.
We've met.

Hello again.

We'll see you
tomorrow... 8:45.

Okay.

She's wrong about the I. D.

You came here to tell me that?

She was scared to death,
probably focused on the gun,

and we both know how unreliable
eyewitnesses can be.

I'm not pleading out.

He's got no priors for violence

and sitting
less than two blocks away

in the same sweatshirt?
How stupid could he be?

What about the cash?
$600? That's...

He likes to carry cash.
There's nothing illegal...

No deal.

Look. I've been doing this
a long time

and I'm not in the habit
of believing all my clients.

I think he's innocent.

12 years...
That's the best I can do.

Come in with five, I'll sell it.

Well, I'm sure you would,
but I'm offering 12.

He's 19.

12 years in prison...
He'll never recover.

Can't do it.

I'm asking a favor.

I'm sorry.

When's
the settlement conference?

20 minutes.

So, when did all this start?

The gambling.

I told you.
Nickel-and-Dime bets

to make the games interesting.

Then, you know, uh, I upped it

to make my life interesting.

You get addicted
to the risk, I guess.

Which means you have to bet more
than you can afford to lose.

I ain't doin' it anymore.

Jimmy, if it's an addiction...

My cousin's in one of those
gambling anonymous clubs.

Odds are I'll go.

That was a joke.

I'm not laughing.

Hey, let's not forget
how I got here.

I falsified loan documents

and got myself fired
from a bank.

That's my legacy.

That's not your legacy.

If you're trying to tell me
you're not smarter than this,

I don't buy it.

I'm not gambling anymore.
You have my word.

Listen. I appreciate you not

telling the others about...

Stuart Miller and client.

Send them in.

You okay to do this?

Fine.

Hello?

Speaking.

When?

Oh, god.

Yeah, okay.

How?

Heart attack.
She was just in my office.

It happened on the drive home.
She's D. O. A.

And this was your eyewitness?

Yes. My only eyewitness,
but she hadn't testified.

She's due up next.

Any recorded testimony of any...

I still got the videotape.

We got the clothes.
Maybe if I can sell...

No gun? No prints?

Without that eyewitness,

the Judge will knock you out
under rule 25

before it even gets to the jury.

Any chance
she'll put the defendant up?

No, she's too smart.

I think we're dead.

Does Dole know
the witness is dead?

No, I don't think so...
Certainly not from me.

Then there's still time.
Plead it out.

Excuse me.

You heard me.

Kenny, I think
I have to tell her.

No, you don't.
It isn't exculpatory evidence.

You don't have to tell her
anything about this.

Plead it out... quick.

I think we can all agree

if we could work this out
amicably,

it would save time...

Oh, is that the goal here...

That we all get amicable?
Vicky.

That the purpose of the fraud
is to bring us tight?

This is her... charming.

Okay.
This isn't a good start.

Look. The legal reality here
is not complicated.

The lottery ticket was purchased
before the divorce.

The prize was won
before the divorce.

The money is marital property.

Not if he bought the ticket
with segregated funds.

Do you have any records
from any bank accounts...

I kept it cash.

Oh, you can't even lie well.

All right. Anger isn't
going to help things.

Anger is all he left me with,
Mr. Berluti.

He divorced me
because he won the lottery.

That is not true.
Sid...

No, the marriage was dead.
We were no longer intimate.

We didn't, uh, communicate.

Communicate?

You couldn't communicate
that you won the lottery.

Or that you were
a bitch.
Hey!

Play the tape.

Vicky, I really prefer...

Play the tape.

What tape?

This would be July 14th,
shortly before the lottery.

May I?

What is this?

I believe it speaks for itself.

May I?

Go ahead.

You don't think I kept records
of certain things, Sid?

What's going on?

This would be your client here

with the, uh,
female undergarments,

and that would be
my client there

with the, uh, apparatus.

My client, from this angle,

is on top of your client
right there...

Turn it off.

First of all,
that isn't relevant.

As distasteful
as it is, Mr. Berluti,

I'm afraid it is relevant.
Your client is claiming

that the marriage was dead
before the lottery.

He's saying
that there was no intimacy.

Well, although
admittedly unconventional,

that was conjugal activity
on that tape,

and should this go to Court,
we will introduce it.

I'll suppress it.

I doubt it.

Okay, here's the deal.

I get 70 and you get 30.

Just bend over and take it, Sid.

You never minded before.

Alan, these are the results
of our polygraph.

He passed convincingly.

Come on, Lindsay.
For all I know,

you tested him 10 times
and he passed once.

I didn't.
He's innocent, Alan.

He stands to be convicted
for wearing a green sweatshirt.

He didn't do it.

Look at his record,
for god's sake.

He's never committed
any kind of violent crime.

I need a favor here.

Five years, five more probation,

and he waives parole.
That's the best I can do.

I'm not doing five years.

Martin...
No!

It's a good deal.

Sending me to jail
for something I didn't do?

The guy who shot that woman
is still out there.

Don't they care about that?

I don't care about him.
I care about you.

I don't want you doing
15 years.
It's not the truth!

Forget about the truth.
It doesn't work that way.

I can't win this trial.

If I thought I could...

five years...
You still have a life left.

15... you don't.

Your Honor,
we've reached an agreement.

Is that right,
Ms. Dole?

Yes, Your Honor.

My client is prepared
to enter a change of plea.

Mr. Jenks, is it your desire
to plead guilty at this time?

Yes, uh, yes. Ahem.

I need you to speak up, son.

Yes.

All right.
Now I need to ask you

some questions for the record.

Okay.

Is your decision to plead guilty
being made voluntarily?

Yes.

Did you talk about it
with your attorney?

Yes.

You understand that by pleading
you're waiving your right

to cross-examine witnesses,
present evidence,

and have a jury
decide your guilt?

Yes.

Ms. Dole,

have you advised your client
regarding this plea?

I have, Your Honor.

And you concur with it?

I do.

All right, before I can
formally take the guilty plea,

I need the defendant
to establish

a factual basis for it.

What she said, um,

my lawyer already told you.
I want to plead guilty.

Martin, you have to...

Son, I need you to tell me
what you did in your own words.

Otherwise,
I can't accept your plea.

I, um...

I did what the prosecutor
said I did.

You robbed and then shot

the woman
in the convenience store?

Yes.

So, as to the charge
of attempted murder,

you wish to plead guilty?

Yes.

Very well.

The plea is accepted.
Mr. Lowe?

Commonwealth moves for remand.

Granted. The defendant is
remanded into custody

pending sentencing,
and we are adjourned.

Are you okay?

Thank you.

Okay.

I won't forget it.

This is not a good result,
Jimmy.

I'm due 50. I hire you
to try to bump it up to 70,

and now you're advising me
to take 30?

It's not a good result.

If you want to go to trial,
I will do that.

What's the chance of that tape
coming into play?

I'd bring a motion in liminie
to try to prevent that,

but I can't guarantee success.

If you're worried about
people seeing that video,

and having seen it,

I would say your concern
is a good one,

I'd settle.

And just let her win?

I don't know
what else to tell you.

Don't you look comfortable.

Hey, between a trial
and a baby at home,

if I find a quiet moment,
I seize it.

You got a problem with that?

Evidently not.

I only came into work today
because I'm exhausted.

Tell me about it.

Hey, Lindsay, did you see this?

Today's obit page.

What?

Witness in my trial died...
A heart attack.

One of yours or theirs?

Theirs.

You knew she was dead.

If you're going to yell...

I'm not yelling.
I am using a firm voice.

You knew she was dead.

This case was over.

Without that witness,
you had to dismiss.

Not true.

It's fraud.
You intentionally withheld...

Hey, your client committed
attempted murder.

Five years for that is a gift,
for your information.

I'm filing a motion
to vacate the plea,

and then I'm going
straight to your supervisor.

Let me save you the trouble.

Mr. Lowe was acting
under my direction

and with my complete approval.

What, so this was
a conspiracy to mislead me?

We were acting within
the ethical boundaries...

That's crap. You lied to me.
You withheld material evidence.

It is not evidence,
Ms. Dole, and further...

You can't sit on that kind
of information, not when...

You got the deal
you were asking for.

You pushed for it, not us.

Are you serious?

We did nothing wrong.

First, you need to calm down.

Don't tell me to calm down.
You calm down.

Okay, I'm going to take a second
and calm myself down.

You think this is funny?
I think it's disgusting,

and I think all three of us
should go into Court,

but we can't in
with emotion, Lindsay.

He would have walked.

An innocent kid is
doing five years...

Let's do some research
on whether it qualifies

as exculpatory
or denial of due process.

Eugene, maybe you
and Rebecca can get on that.

You need to draft a declaration

setting forth
exactly what Lowe told you.

I'll mark up the motion
with the clerk's office.

We can't let them get
away with this, Bobby.

We can't.

Can I help you, Lucy?

Jimmy's case is over.

Jimmy, what are you doing here?

Family lawyer.
Can I see?

It's not going to make your day.

I'd like to see.

Shots were heard
less than an hour ago.

Witnesses?

Nobody yet.

Your client's over here.

That's not my client, actually.

I represent her husband.

We heard they're
going through a divorce.

Yeah.

Would you happen to know

where your client is
right now, Jimmy?

No.

Well, can I
take my plea back now?

I don't know.

That's what we'll be going
into Court to ask for.

They can just lie like this?

I'm not sure.

I've never really heard
of this happening before.

So... When... When you were
convincing me to plea,

the witness was already dead?

Yes.

We're going
to fight this, Martin.

I stood up in Court
and I told the Judge...

Everybody... that I did it,
and I didn't.

I've got my whole firm
on it now.

We're in before Judge Wilcox
tomorrow.

Well, do you think we'll win?

We have a real chance.
This isn't over.

Any listening devices in there?

None.

You believe this?
They think I whacked her.

Did you?

I am shocked that you would
ask me that, Jimmy.

Check my alibi,
you want peace of mind.

Did you have it done?

All right, just get me out.

What have you told them?

Nothing.

Just asked for my lawyer...
Period.

I didn't even so much as express
grief over my wife's demise,

which was difficult.

Get me out.

I understand they don't like it,

but the fact remains
this plea is valid.

It was a violation
of due process.

It was made in bad faith
and secured by fraud.

We did no such thing.

You deliberately withheld
material evidence.

We have a duty to disclose
exculpatory evidence...

Evidence that shows
he didn't commit the crime.

The fact that our witness died

has nothing to do
with whether he's guilty.

It went to whether
you even had a case.

Mr. Donnell, your client

accepted the plea
in my courtroom.

I heard it.
He stood right there

and admitted he robbed
and shot that woman.

Which was extortion.

Extortion?
Ms. Dole?

Martin Jenks has always
maintained his innocence.

He took this plea
because I forced him to

because I believed the
eyewitness was ready to testify.

Lawyers play poker all the time.

Oh, don't insult me
or this Court

by calling
what you did "poker."
Lindsay.

Your honor, every defendant
who pleads takes a chance.

He's gambling that he'll be
better off pleading guilty

than going to trial
and getting convicted.

Sometimes he's right
and sometimes he's wrong,

but the law doesn't permit him
to withdraw his plea

because he later learns

that he overestimated
the strength of our case.

This wasn't an estimation.
Who's arguing here?

Whatever chance they had
at winning at trial

died along with Mrs. McKee.
As an officer of the Court,

Mr. Lowe was obligated
to reveal that to me

as well as to you, Your Honor.

There is no such obligation
in either case law or statute.

What about fundamental fairness?

Your honor, over 90%
of all criminal cases

are resolved by plea bargains.

To work, the whole system
has to be based on trust.

Mr. Lowe and Mr. Walsh
violated that trust.

The system is doing fine,
Ms. Dole,

and the right man is behind bars
where he belongs.

Perhaps what's really
going on here is

Ms. Dole's concerned
about her own actions.

I didn't know I was
negotiating with liars.

I object to that.

You're a liar.
Ms. Dole...

They care more about railroading
people than doing justice.

Martin Jenks is in jail right
now for something he didn't do.

That fact doesn't seem

to bother the D. A.'s office.
It should bother this Court.

It bothers the Court

that you forced your client
to enter a guilty plea.

I persuaded him,
thinking that...
You said "forced."

Let me talk.

We make our decisions,

and... and, yes, we...
force our clients' hands

based on the case they have...

Whether they can
make their burden.

This case was a lie,

a knowing lie,

which my client relied on
to his detriment.

Did I lose it?

A little.

But I think you did fine.

Hopefully your passion...

will count.

He said 20 minutes.

As far as the police
are concerned,

there's still no evidence.

Which there wouldn't be
'cause I'm innocent.

Right.

What about the status
of the lottery winnings?

Your wife's estate
can still make a claim.

Do you want me
to follow up on that?

No.

Think I might engage
new counsel, just the same.

So, I guess we're done, then.

Done? You still owe me
the 27, Jimmy.

Didn't exactly work that off.

I think we're done, Sid.

If I was in a position
to be charitable,

that would be one thing,

but I got debts to pay off.

What do you say
you walk out the door,

forget my debt, and I'll forget

how you threatened
to kill your wife?

Privileged.

Bodily threats don't apply to...

So, why didn't you
blow your whistle?

If you thought I was
going to hurt her

and you stayed quiet,

that doesn't look good
for you, does it?

You want to know how big
your gambling jones is, Jimmy?

You didn't want to hear it
as a real threat

because you wanted
to pay off those bets.

The truth is, I got more on you
than you got on me.

I'm asking you to get
out of this office now.

You're making me upset.

From what you've seen,
do I respond to stress good?

You're threatening me now?

Of course not.

I will say this.

You don't even know
what you're into.

I need that money.
I'll give you a week.

Close the door, please.

We're doing this in here

because some of what I want
to say is off the record.

Actually, it's our office policy

that a Court reporter
be present for...

Mr. Lowe, I don't really care
at this moment

about your office policy.

We're fine without
a Court reporter, Your Honor.

Mr. Walsh,
I've known you a long time,

and I've known you to be
a straight shooter.

But I am very troubled by
the due process implications

of what happened here.

Your honor, this defendant
committed a violent...
Save it.

There are no reporters present,

and I don't need to hear
your stump speech.

Then we'll submit on our
prior argument

and again ask this Court to deny

defendant's motion
to withdraw his plea.

Fine.

I brought you in here,
Mr. Walsh and Mr. Lowe,

rather than embarrass you
in public,

because I wanted to tell you

that there is something
more important

than the mere holding of a case.

I am talking
about fair and unfair,

right and wrong,

and what happened
in this case is wrong.

And it sickens me that you two
can't see that.

Everything I said in Court,
and I mean everything,

was a correct statement
of the law.

And since we're off the record,

let me just say frankly

that I don't need lectures
from Your Honor

about right and wrong.

Mr. Jenks pled guilty

because he is guilty,
and neither the law

nor anybody's misplaced
sense of injustice

allows him to withdraw
that plea.

That's the law.

The law also allows me
to throw your ass in a cell

for contempt.

I don't mean to show
Your Honor disrespect,

but I will remind Your Honor

that district attorneys
are officers of the Court

who must conduct themselves
in accordance

with established law.

Mr. Lowe and I did that,

and we don't need
to be brought into chambers

to be told how we sicken you.

Say it out there, where
you'll be held accountable.

I am saying it here.

And if I had a choice,
I would set aside this plea,

but... Your honor, please.

I cannot throw out a knowing
and voluntary plea of guilty

on these facts.

You negotiated what you thought
was a good deal.

You could have advised
your client

to continue with the trial,

challenge the evidence.
You didn't.

The law doesn't allow you
to benefit from regret.

It is my regret as well.

I am very sorry.

Defendant's motion is denied.

Lindsay.

I respect that it's
an adversary process,

but I didn't come to you
as an adversary.

I dropped my sword
and asked for a favor,

and you played it like a favor.

That isn't gamesmanship, Alan.

It was dishonest.
You know it, I know it.

I gather you can live with it.

There's an innocent kid
in prison who may not.

All right, I'm gone.

Can you lock up?

Sure.

Can I ask you something, Jimmy?

Did he do it?

Oh, come on.
Privilege extends to me.

Throw me a bone.

He says he didn't.

Right.

Earth to Jimmy.

Are you okay?

Yeah. I'll lock up.

Good night.

Night.

They're coming to take you
to Concord.

It's a high-security prison.

Tonight?

Yeah.

Everybody convicted
of a violent crime

goes there first.

I'm going to petition
the department of corrections

to move you as soon as possible.

Oh.

I'm also going to ask them
to designate you

a vulnerable inmate.

Okay.

It may take a while.

In the meantime, I've requested

that they keep you in solitary,

but I can't guarantee
they'll do it.

I'll get another lawyer
to handle your appeal,

a specialist,
the best I can find.

I'll ask him to argue
that I was ineffective,

that you had inadequate
legal representation.

It's a long shot
but worth a try.

We can't give up.

Just stay alive in there.
Give me time.

I'll do whatever it takes
to fix this.

The appellate process
takes time,

but I trust it.

I'll start on our briefs
tomorrow.

You stinker!