All language subtitles for The.Practice.S04E22.Life.Sentence.HULU.WEB-DL.AAC2.0.H.264-AJP69_track3_[eng]

Hey, Richard.

Never mind.

What do you mean, never mind?
I called your name.

With a tone.

All right, come on.

I'll give you voluntary.

Make it involuntary,
you have a deal.

Can't.

Richard.

I've got marching orders.

Remember, this thing
was on tape.

We've got a public outcry
to deal with.

Public outcry?
The public is with her.

Ellenor, I'm giving you
manslaughter

for a premeditated
murder.

Why can't you ever
take a gift and smile?

It is a good deal,
Sally.

The only possible defense
we have

is temporary insanity.

And because you don't want
to say that you were insane --

I wasn't!

Well, then I think
that we should jump

at manslaughter.

How much time
would I have to serve?

You would probably be
sentenced to eight years,

and with any luck,
you would only have to

serve three or four.

Sally, you shot
an unarmed man.

If somebody raped
and murdered my daughter,

I might have done
the same thing.

But the problem is
you planned it.

If we go for a not guilty
on the elements,

you could be going
to prison for life.

Take the manslaughter.

No.

Sally...

No.

Okay. so the trial
will start tomorrow.

(knock on door)

Guard?

Okay. we're going to see you
at the courthouse.

♪

BOBBY: How could she
not take it?

She doesn't want to serve
three years for --

she'll be serving life
if she doesn't accept.

Bobby, I told her that.
so did Jimmy.

She wants to try
to beat it.

Did you tell her
the odds?

Yes, we did.

So, what? Are you
arguing insanity?

Well unfortunately, she doesn't
want to do that, either.

Who's in charge here?

She is.

She's the client,
remember?

And you're her lawyer,
which means you need --

Bobby, don't lecture me.

Judge Hiller is sitting.
she won't let you

argue nullification.
you know she won't.

Have we got a psychiatrist
to say she was insane?

I got Dr. Tippett
on standby.

I am telling you,
she will not let us do it.

Ellenor, this thing
is all over the news,

which means if Sally Berg
goes down on murder one,

we'll be played
for the idiots, not her.

Oh, so this is
about our ego?

Partly, yes, but it goes
with her best interests.

You go back to her. make her see
if she doesn't plead insanity --

We tried.

Try again.

If she refuses, file the motion
to withdraw as counsel.

Bobby, this is just like
our rabbi case.

Maybe we could argue
moral duress again.

No, Jimmy, because this time,
we have judge Hiller.

Go back to the client.

She either takes manslaughter,
pleads insanity, or we withdraw.

Hey, Sally.

All right, listen,

as much as you're opposed
to it on principle,

we all agree that if we're
going to go to trial,

we have to go
with temporary insanity.

The only other choice
we have

is jury nullification,

and that judge will
shut us down in a second.

But if we win
on temporary,

you could avoid prison
altogether.

You have a chance,

but you have to
let us do our job.

If we're to give you
the best representa--

What did she say?

She just called me
a bitch.

Look, I don't need you,
and I don't need this case.

You could get life.
I don't really care.

He killed my baby!

Let me do my job.

Let me do my job.

What?

What's going on?

We're pleading
temporary insanity.

Richard.

Helen. to what
do I owe this?

Uh, well, actually...

I was just
assigned second chair.

Excuse me?

It's getting a lot
of heat, so...

They put you on
to what, backstop me?

I asked
to be put on it.

Why?

Well...

Helen, what's going on?

What's going on is

you're a little
under review.

What do you mean,
I'm under review?

You've dropped
some big trials,

and in addition
to losing these cases,

you've also
lost your poise,

especially against
Ellenor Frutt.

Richard,
it's an election year.

There could be
some changes.

You don't want this one
getting away from you,

trust me.

So you -- you asked
to be put on

because I could
lose my job?

It hasn't come to that,
but we don't want it to.

There isn't a D.A.
in this department

who goes in more prepared
than I do --

every single trial.

I know that,

but you've had some
pretty high-profile defeats,

and you've been somewhat
of a loose cannon.

Richard...

Let's just win this.

390 people?

It's not my fault.

You invited 390 people
to our wedding?

I didn't invite them.

The idiot at the stationery
shop made the mistake.

There were two lists.

One was just the notice
of our marriage

after the wedding. she sent
invitations to both lists.

What's going on?

390 people got invited
to our wedding.

So what do we do now?

Uninvite them?
send out a notice,

"hey, we never meant
to include you."

It wasn't my fault.

Lindsay, you were
in charge of this.

Only because
you couldn't be bothered.

I couldn't even get you
to look at the invitations.

Oh, this is my fault.

Well it isn't mine.
you want to get married,

but I have to do
all of the planning.

Hey, if it were up to me,
we'd elope.

You know what?
You plan it.

390 people? I don't even
know 390 people!

I think you both
are acting out.

Stay out of it.

Okay, I will
stay out of it.

We had just taken
Mr. Whittier into custody.

Where was that?

At his own house.

And as we were
leaving the dwelling,

I observed Ms. Berg approaching
from across the street.

What happened next,
officer?

My partner and I
both instructed her

not to approach,
but she kept coming.

Then suddenly
she's raising a gun,

saying something
about her daughter.

This woman right here.

Yes.

We then reached
for our own weapons,

but it was too late.

Your honor, at this time

we'd like to play
the videotape.

Members of the jury you're about
to see footage captured by a
local news team.

The parties have stipulated to
it's admissibility.

Go ahead Mr. Bay.

This arrest, of course,
has been anticipated

since early
this morning, when --

um, this is Michael Whittier.

He is in custody. you see him
there in the middle,

and he is apparently
offering no resistance.

Michael Whittier --

Okay, at this time,

I'd like to direct
your attention

to the right side
of the screen.

This happens
pretty quickly.

Once again, a suspect
in the rape and murder

of 7-year-old Jessica Berg.

Rumors of his arrest
have been imminent.

(gasps) He's been shot!

Michael Whittier
has just been shot!

Someone has fired -- I know
I heard at least two shots,

but he is down.

Michael Whittier
has just been shot.

The police have the shooter,
but I can't see --

he has been shot.

Officer Finley,

do you see
in the courtroom

the person
who fired those shots?

It was the defendant.

Bobby, I don't mean
to be nosy, but --

You don't mean
to be nosy? Since when?

Look, obviously,
you two are fighting.

We're not fighting.

Well, she's fighting,

but you're just not involved
enough to realize it.

Lucy, I think you should
just stay out of things.

Is that possible?

Foley Depo.

Thank you.

We go in for our marriage
license today.

You did manage
to remember that?

Yes.

Good.

What is your problem?

Problem? I don't
have a problem.

Look, Lindsay, you screwed up
the invitations, not me --

Maybe if I had
a little help.

-Here we go.
-Don't "here we go" me.

I have had to do everything.
You know I had to make
the lists--

First you complain that
I was booking everything --

I meant the church
and your dead mother's dress,

but when it comes to the work,
you just can't be bothered.

Well, I'm bothered now.

I don't think you even
want to be married.

Here we go.

Don't "here we go" me.

If you "here we go" me
one more time,

I am going to scream,
okay? Do you hear me?

Oh, and I hate
that one, too.
Listen to yourself.

"here we go"
and "listen to yourself."

If you ever say
those things

in our marriage,
I will scream, okay?

It's good
to know these things

before we become
husband and wife.

You know, this is --
this is very, very healthy.

Bug off.

Well...

It's nice to know
you can make her scream.

As you can see,
we were back far enough.

There she is
getting out of her car.

She's got something
in her coat.

She's moving
across the street.

The police are
all on the street,

so there's no one
stopping her.

Okay, here it comes.

She pulls out the weapon.

Bang, bang.

She drops the weapon
and puts her hands up.

Then she's tackled
by the officers.

That's pretty much it.

What do you mean,
you can't testify?

Look, I didn't think
she was insane to begin with.

I was prepared
to say she might have been.

So what's changed?
that tape I just saw --
I hadn't seen it before,

and clearly,
she is calm, composed.

That doesn't mean
she wasn't in a rage.

Maybe she was, but you're
asking me to testify

she couldn't distinguish
right from wrong.

I can't say that.

She put her hands
up over her head very calmly

after she fired those shots.

That tells me she expected
to be arrested.

It tells me she knew
what she was doing was wrong.

Oh, come on.
this defense was a stretch
to begin with, Ellenor.

I can't stretch it
that far.

You have before.

No, I haven't, Eugene,

and certainly
not on television.

I have a professional
reputation, too.

You ever think about that?

Think about it?
we're paying you for it.

We gave you $10,000.

I'll refund the money.

-You can't jump ship like this.
-You're our only
expert witness.

I am not
about to commit perjury,

and if I testified
I thought your client
was temporarily insane,

I would be doing so.

If you don't testify,
she could be facing life.

Your client
committed murder, Ellenor.

You don't want
to be introducing my opinion.

Now what?

We get Dr. Lanning.

Dr. Dope?

At least he'll say
what we want.

Let's page him. He should be
here for Sally's testimony.

This is just great.

I think
I should take her cross.

Why?
No offense.

But I just think I'm able to
come off more sympathetic than
you.

You -- sympathetic?

Richard,
it's a woman on trial.

She lost her daughter.

I just think
it makes more sense

to have a woman cross her,

and, yes, I think
I can go softer than you.

It's not your strength.

How close am I to losing
my job, Helen?

I didn't say you were
about to lose your job.

Just that I'm under review.

Let's just forget about ego.

Let's just concentrate
on getting this conviction.

And your social security?

062-36-0749.

Okay,
first marriage for both?

-Yes.
-Fine.

And do we have copies
of our blood tests?

Excellent.

Okay, uh, ahem,

this is an aids
education pamphlet,

which I am required under
Massachusetts law to give you.

Fine.

-Um, would you like
one of your own?
-Fine.

Okay, I think
that about does it.

Oh, Lindsay middle name?

Susan.

Lindsay Susan.

Oh, your initials are LSD.

Isn't that funny?

Alright,
I just need $25 in cash.

Excellent.

Okay, here you go.

Have a wonderful marriage.

Whew.

She had been missing for two
days when I got the call from
the police.

The call?

They said they thought
they had found my daughter,

and they asked if I would go
to the coroner's office

to identify her.

And did you go?

Yes.

They took me into a room

and showed me her body.

And she was dead?

Yes.

Did you make
the identification?

Yes.

Do you have
any other children, Sally?

No.

And Jessica's father?

He died three years ago.

At some point
you became aware

that Mr. Whittier was
a suspect in Jessica's death?

Yes.

I saw it
on the morning news...

That his psychiatrist
had turned him in

and the police
were planning to arrest him.

Had you ever met
Mr. Whittier before?

Yes.

He was
Jessica's soccer coach.

I would like for you
to tell the court

what happened
on that morning.

I took my gun.

I drove to his house.

I saw that the police
were already there.

I parked my car
two houses away...

And I waited.

Waited for what?

For him to come out.

Why?

So I could kill him.

Can you tell the court

what you were thinking
when you approached him?

Sally?

I was thinking about...

(moaning)

about Jessica...

Her last minutes...

How she probably
couldn't understand

why this
was happening to her...

What was going
through her mind

when his hands
were around her throat...

When he was...

When he was inside of her.

She was only 7.

She was only 7.

SALLY: (sobbing)

Do you want
to marry her or not?

Of course I want
to marry her.

Then act like it.

What have I done?

You've done nothing, Bobby.
that's the problem.

She shows you her dress.
You hardly glance at it.

The invitations --
you couldn't be bothered.

You've completely disengaged.
I don't blame her.

All that stuff
is so trivial.

It's a big deal to her.

Bobby, this is
the biggest day of her life.

That should mean
something to you.

Does it?

Of course it does.

Then show her that.

We're in may.
you've got a June wedding.

You haven't even
picked out your best man yet.

Look at me.

You're always on the hustle.

Don't let your wedding day
suddenly sneak up on you.

You're always
dashing off to court

trying to get this guy free,
trying to get that guy bail,

trying to overturn what
happened to the other guy.

Lindsay's your life.

I know that.

Show her that, too.

How many days
after your daughter's death

did you see on the news

that the police
were about to make an arrest?

INTERPRETER: Three.

And after hearing this news,

you then retrieved your gun?

Yes.

You then called
your real estate broker

and canceled your appointment?

Yes.

Then you drove
to the suspect's house?

Yes.

And you decided to park
at a neighbor's house

so you wouldn't be detected
by the police?

Yes.

Where do you keep your gun
at home, Ms. Berg?

In a safe.

A combination safe?

Yes.

Do you keep it loaded?

No, I have to load it.

Thank you.

Ms. Berg...

I am deeply sorry
for your loss.

You're here to put me
in prison, Ms. Gamble.

Don't tell me
how sorry you are.

Unless you've had a child
taken from you,

you can't begin
to understand my loss.

JUDGE HILLER: Ms. Frutt.

The witness may step down.

Please call your next witness.

The defense rests.

Explain that to me.

I will.
We don't even
call an expert. how --

Sally was
our strongest witness.

Better to rest on her
than Dr. Dope,

who Helen would've cleaned
and boned like a trout.

We need somebody
to say she was insane.

No, we don't.
yes, we do.

We have an affirmative
defense, Eugene.

We have a legal burden
to prove it.

Ellenor,
our case won't depend

on proving Sally Berg
was insane.

Everybody in the room
knows she wasn't.

We know it, the prosecution
knows it, so does the jury.

Our case is getting
those 12 people

to want to send her home.

And Sally's testimony
is what we need

to ring in their ears,
not Dr. Lanning,

who goes from courthouse
to courthouse

collecting cashier's checks.

Our defense is emotion.

We rest
on the highest note.

I agree.

You're forgetting judge Hiller.
she is going to instruct.

If our case came down
to Dr. Lanning,

we'd be dead.

He's right, Ellenor.
temp insanity --

we're just arguing that
with a wink. The jury knows it.

If we try to fool them,
we just lose credibility.

Eugene's right.

It's a big risk.

But we have to take it.

You ready to close?

Well, I guess I have to be.

That was very moving
for me --

getting the marriage
license.

How was it for you?

Why are we fighting?

We always seem to fight

when we talk
about getting married.

Why?

I don't know.

Do you want
to get married, Bobby?

Lindsay,
I would marry you tonight.

I just --
I just hate weddings,

and I'd be lying
if I said

I was getting all excited
about this ceremony.

How can a person
hate weddings?

Because it's all about
the catering

and dresses and flowers
and who's invited

and who's sitting
at whose table.

It should be
the most intimate moment

of a couple's life,

and they spend
the day hoping

that the guests
are taken care of.

There's so much pressure
that everything go smoothly.

I hate weddings.

There I said it.

But marriage...

I can't wait for that.

Would you really
rather elope?

Truthfully, yes.

It would be me and you
without all the distractions,

but I know you want
the big wedding day,

-and if that'syour dream --
-I wish it were your dream.

Lindsay, I've only had
two dreams my whole life.

One was to pitch
for the Red Sox.

The other
was to meet and marry

the greatest woman
in the whole world.

One for two isn't bad.

Now, if I could just get you
to take a little medication

for your mood swings...

-Is that so?
-Ow, ow, ohh.
okay, okay, uncle.

I suppose we could pass a law.

If you kill my child,
I get to kill you.

If you rape my child,
I get to kill you.

On a pure emotional level,

that doesn't really offend me,
truth be told.

On an emotional level,

I admit to taking
some satisfaction

in Michael Whittier's death,

if he did
what he was accused of.

I say "if"
because I'm not sure yet.

Michael Whittier
never got his day in court.

He was executed
before proven guilty.

None of us can take
any satisfaction in that

emotionally or intellectually.

One of the reasons
we have laws

is to prevent people
from going around with guns

being ruled by their emotions.

I sympathize with Sally Berg,

as I know you do,

but she wasn't acting
out of insanity on that day.

She made a series
of conscious choices.

She had the steadiness of hand
to open a combination lock,

to load a revolver,

to drive a car through traffic
without incident.

She had the presence of mind

to park where she could avoid
police detection.

She had an understanding
that what she did was illegal,

as indicated by her raising
her hands in surrender

immediately after firing
the shots.

She willfully, deliberately,

with malice aforethought,

committed a premeditated murder.

I don't think
there's any doubt about that.

The only real question here

is whether you'll embrace
her vigilantism

by becoming vigilantes
yourselves

or you'll instead uphold
the law you swore to uphold.

This is your trial now,
ladies and gentlemen.

This is your society.

I am not a psychiatrist,

and neither is Mr. Bay,

but I know of no medical
opinions or studies

that say rage automatically
makes you act wildly.

Sometimes,
if the rage is profound enough,

I would imagine
it could take you over

to a point
where you are even capable

of cold methodical vengeance.

This is the kind
of profound rage and grief

that took over Sally Berg.

I won't pretend to know

what was going on
inside her head.

I have never had a child
raped and murdered,

and I would guess
none of us here

would presume
to know such horror.

This is Jessica Berg.

She loved to collect
and trade Pokémon cards.

She liked her stuffed animals
more than her dolls.

She...

She loved to play soccer.

I would like
to take a moment,

and I would ask you
to try and imagine

the last few minutes
of her life.

Imagine being her mother.

REBECCA:
You're going to elope?

Shh, he'll hear you.

Well, isn't he going
to be part of it?

I'm going to surprise him.

You're going to throw
a surprise elopement?

This is the best way to handle
those 390 invitations.

We elope and tell people
that we're already married,

and then we can have
a small ceremony later

and invite the people
that we really want.

Am I on that list?

Lindsay are you
sure about this?

I'm sure.

But I need you
two to pull it off.

-Tonight?
-Tonight.

Like in three hours
from right now?

Yes.

Oh, my god.

(giggles) Yeah.

If I lose this trial
because you cried...

They didn't see me cry.

They saw you cover
your face.

I doubt they thought you were
trying to hide a pimple.

The problem isn't me crying.

The problem is there were tears
in the jurors' eyes.

Look, Ellenor said
she'd still be willing

to take involuntary.

I think we should
give it to them.

I thought they said no
to that upstairs.

If she walks,
they'll hate that worse.

I'll talk to Scott.

No.

Helen, if we plead out
on involuntary,

the perception upstairs
will be I lost.

I need a guilty here.

This can't be
about job security.

Easy for you.
you're not under review.

Richard.

She committed a first-degree
murder, Helen.

I don't want
to give her involuntary,

and I don't
want to lose my job.

How long
do we have to wait?

The judge is going to keep them
till 9:00 since it's Friday,

and if they
haven't decided by then,

they're going to suspend
until Monday.

This is killing me.

Me, too.

Richard said no
to involuntary.

Why?

Principle, I guess.

You can overrule him,
Helen.

It's his call.

Ellenor,

can I talk to you in private
for a second?

I just talked to Lindsay.

She and Bobby
are getting married tonight.

-What?
-She's surprising him
with an elopement.

Oh, men just love
to be surprised like that.

Are you serious?

Yes. she says
she wants us to be there.

I said we could be here
till 9:00.

She's going to try
to hold the service,

but the priest
has got a plane to catch.

Is she pregnant?

No. she says this is what
he really wants.

She wants to surprise him.

Helen, Ellenor...

The jury is back.

Thank you.

The defendant
will please rise.

Madame Foreperson,

the jury has reached
a unanimous verdict?

We have, your honor.

What say you?

Commonwealth
vs Sally Berg --

on the count of murder
in the first degree,

we find the defendant
not guilty.

On the count of murder
in the second degree,

we find
the defendant guilty.

Members of the jury,
this completes your service.

Security,
take the defendant into custody.

We're adjourned.

Sally,

we're going to appeal.

We will appeal it.

What's the sentence?

It's a life sentence,

but we're going to do
everything that we can.

I promise.

I promise.

Alright enough is enough.

Wha--What the
hell is going on?

Well, this is
your bachelor party.

Bachelor party?

Rebecca, guys are supposed
to throw bachelor parties.

Yeah, well, we just wanted
to make sure you got one.

You know, sometimes weddings
can just sneak up on you,

and how sad would it be if you
didn't get to have -- ow!

What happened?

Rebecca just hit me.

Where am I?

All right, all right,
all right, turn around.

Should I give the signal?

-No, not yet.
-What signal?

Okay, take your blindfold off.
Now, Lucy!

What?
I'm in Fenway Park?

Yes, you are.

But why?
what am I doing here?

Well, you're doing
what everybody does
in Fenway park.

You're eloping.

Excuse me?

You're eloping.

Oh, my god.

Oh, my god.

Is this for real?

If you want it to be.

FATHER MARTIN:
Hey, Bobby.

You can do this?

I got special permission
from the bishop.

And this would be official?

Like Pearl Harbor.

Quiet.

It would be official.

I figured we could have
a more traditional ceremony

a little later with our families
and close friends,

but tonight

I thought you might like
to pitch for the Red Sox.

I'll catch.

I don't mean to rush,
but I've got a 10:00 flight.

You're not rushing.
I want you to do this right.

Are you sure?

Let's get married.

JIMMY: Hold on!

HELEN:
Did we miss it?

You're about to.

HELEN: Oh, god,
I'm going to cry.

In addition to the flight,
I'm getting old.

Can we...

Okay, ready --
if you are.

I do -- I am.

JIMMY: Look --
they're on the scoreboard.

Please.

Father.

Okay.

Now, this obviously
is not a cathedral

known for its happy endings,

but Fenway Park
certainly is a symbol

of a deep lifelong
commitment of joy...

And of pain.

Father.

I, Bobby...

I, Bobby...

Take thee, Lindsay...

Take thee, Lindsay...

To be my wedded wife,

to have and to hold...

To be my wedded wife,

to have and to hold...

From this day forward,
for better, for worse...

From this day forward,
for better, for worse,

for richer, for poorer,
in sickness and health --

I've been memorizing this
for a long time.

To love
and to cherish...

Till death us do part.

This is my solemn vow.

Well...

I, Lindsay...

I, Lindsay...

Uh, you haven't memorized this,
have you?

I need a little help.

All right --

take thee, Bobby,
to be my wedded husband...

Take thee, bobby,
to be my wedded husband...

To have and to hold
from this day forward...

To have and to hold
from this day forward...

For better, for worse,
for richer, for poorer...

For better, for worse,
for richer, for poorer...

In sickness
and in health,

to love
and to cherish...

In sickness and in health,
to love and to cherish...

Till death do us part...

Till death do us part.

Do you have the rings?

Not yet.

Oh, all right.

Then by the powers
vested in me

under the Commonwealth
of Massachusetts, under God --

and I suppose
under the Boston Red Sox --

I now pronounce you
man and wife.

I guess that means
he's off the market now.

Whoo!

Whoo!

I love you.

I love you.

Do we all get to go
on the honeymoon?

One toast.
thank you all for being here.

It probably
goes without saying --

which is good
because I never say it --

but, uh,
you people are my best friends.

You mean
the world to me...

And, uh...

This woman --

she is my world,

and people shouldn't cry
on baseball fields.

Let's go.

(all laughing)

I love you.

Obviously he's not
a Red Sox fan.

Here -- you take it.

No, I don't want it.

Congratulations,
sweetie.

Congratulations.

I can't believe it.

♪

WOMAN: You stinker!