All language subtitles for Boston Legal [1x17]

Hey, pretty boy.

How'd you like to go to Texas?

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

I used to work on the Texas
innocence project.

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

I could really use your help.

- Because?
- My last appearance...

I unfortunately lost my temper
with the chief judge.

I'm afraid he could be
prejudiced against me.

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

I think that's you.

- What kind of case is this?
- Capital.

The client is scheduled
to be executed in 72 hours.

He could be innocent.

What do you say?

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

Boston Legal
1x17 Death Be Not Proud

ORIGINAL AIR DATE ON ABC: 2005/03/20

I certainly appreciate
you seeing me, Shirley.

I know how busy you are.

Miriam, how long have
we known each other?

Well, certainly very long.

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

What's up?

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

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

But I've gotten myself
into a situation.

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

the defendant.

It's a criminal case?

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

You paid a man
to have sex with you?

Many times.

When you say "many times"...

Hundreds.

You are not going to wear that
once we get there.

- Why not?
- This court antagonizes easily.

Understood. How do I look?

The client's name is Ezekiel Borns.

He likes to be called Zeke,
he has an I.Q of 80.

He was convicted eight years ago in the
shooting death of a gas station attendant.

We finally got a DNA test ordered.
It came back negative.

One would think that would be
enough to clear him.

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

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

When we land, I would
like you to go meet Zeke

while I try to get a meeting
with the D.A.

I assume you already
tried the governor.

I'm told he giggled.

High court is our last stop.

- High court?
- Texas doesn't have a supreme court.

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

And the chief judge
on the criminal High court...

we had words on another case.

When you say you had words...

I called him a disgusting fat pig.

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

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

Denny seems
to have a take on him.

I couldn't possibly.

Shirley...

I don't tell people this,

but Denny and I...

I once had relations with him.

Listen, this many offenses...

you could be looking at time here.

If Denny gives us any
advantage at all...

I'm so beyond humiliated.

Which brings me to my next bomb.

I see no real defense here,
except, perhaps, medical.

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

you're a nymphomaniac.

Has he ever shared with you
any information

that could possibly contradict
his signed confession?

Uh, no, but I'd never quire.

Not a curious guy, Father.

The role of clergy is only to get
the inmates ready and willing to die.

Zeke?

My name is Alan Shore.

I was all doped up.

I remember being
at the gas station, but...

Well, Zeke, why did you confess?

They kept telling me I did it.

And they had witnesses.
I knew I had been there.

I probably did do it.

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

Zeke, you have no memory
of shooting the attendant.

You're gonna get me sent to hell
is what you're doing.

- I beg your pardon?
- I've already made my peace with god.

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

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

They're gonna kill me, Mr. Shore.

And my only salvation's
in the next world.

I gotta keep my peace with god.

Is this from his trial lawyer?

Went into a 12-step program.

Had to apologize
to those he let down.

- Has Zeke seen this?
- We sent him a copy.

Zeke doesn't write back.

Right.

- Nymphomania?
- Anything you can find.

And we'll need to line up an expert who
can testify possibly as soon as tomorrow.

It's not a real disease.

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

Yes, Brad, thank you for that. / It's also
a sexist diagnosis, as well as bogus.

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

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

Denny Crane.

Exactly.
I'll need that research ASAP.

Denny, right this way.
Thank you for joining.

I'm a very busy man.
I have a caseload.

You wouldn't believe. So...

Hello, Denny.

Miriam?

Don't tell me I have another child.

Miriam has a criminal case
beginning tomorrow.

Criminal?

What did you do?

I can tell you what
she's charged with.

Can I count on your sensitivity?

Of course.

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

You're a hooker?

- I'm leaving.
- No.

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

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

in addition to your
profound tenderness.

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

nymphomania.

- You're a nymph?
- Denny.

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

you did those things...

She was sick.

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

I'm not about to go to Texas and
not ride the mechanical bull, Chelina.

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

- You'll get hurt.
- Nonsense.

I grew up riding ponies
in the pumpkin patch.

Chelina.

Yes. We've just had a slight delay.

Alan wants to ride a bull.

Can you get me the case?

Fax it to the motel.

Thank you.

Evidently, an execution
got stayed in Connecticut.

The lawyers argued something
called "death row syndrome."

Death row syndrome?

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

and contribute to
a general incompetence.

- That could be Zeke.
- Exactly.

Notify my next of kin.

Oh, god.

Novice, intermediate, or expert?

Expert.

I teach it, actually.

Do I get a whip?

Intermediate.

Intermediate.

Chelina.

We will.

10:00 A.M. is, it's fine.
We'll be in his office.

Thanks, Jerry.

- We got our meeting with the D.A.
- Great.

Intermediate.

Help.

Help!

Intermediate!

It's not a real disease.

It is part of our culture, Brad, and
our role here is as advocates, remember?

Shirley, that point is well taken.

There is an enormous risk
with this kind of defense.

- If the jury rejects it...
- but juries often don't.

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

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

That case occurred when the medical
community was more open to the diagnosis.

Well, there are other possible
diagnoses as well.

She could be bipolar.

There's also a condition
known as Kluver-Bucy syndrome,

which can result in hypersexuality.

Miriam Watson is a very successful
and private businesswoman.

Should we raise
nymphomania as a defense,

the media will have a field day.

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

But without some defense,
we have no leverage.

Judge Brown.

Come again?

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

What about judge Brown?

He's a virgin.

And that would be relevant how?

If he saw in our client an opportunity...

May I speak to you two a second?

This is not funny.

That man is a senior partner here,

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

- is when he's doing so blatantly.
- Lori...

No, Shirley, I am sick of it.

I am making an official complaint.

You're on notice.
And you're on notice.

I've had enough.

First, you cannot, cannot argue
the morality of the death penalty.

- Every judge sitting up there is for it.
- Clearly.

Second, do not mention
Zeke's innocence.

I'm sorry?

They won't listen.
He did confess.

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

The DNA here does
not exonerate him.

It certainly indicates the presence
of somebody else at the murder scene.

Proving innocence is one thing.

But since we can't do that,
our case here is procedural.

The DNA result is
ancillary evidence,

which hopefully will occasion
them to look at procedural flaws.

Does that make any sense?

Yes, it does.

This is Texas.

I must say, I agree
with the district attorney.

If this were a one-time offense,

but the complaint alleges
over 100 infractions.

- It's shocking.
- If I may, your honor.

- This is a victimless crime.
- Victimless?

When somebody's action
impugns the values of society,

- we are all victims.
- Yes, yes, yes for all that.

But consider the shy people.

The shy people? / Yes.

If one were a single man,
painfully shy,

a virgin, time running out,
one might like to meet this woman.

She could help one.

He's mentally impaired, Glenn.

You know this.
Your own expert said so.

He was born with severe
fetal alcohol syndrome.

Chelina, this was all raised at trial.

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

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

but didn't the supreme court rule
you can't execute mentally retarded people?

He has an I.Q of 80.

The cutoff point for retardation
in Texas is 70.

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

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

Point is what
he did at the gas station.

Perhaps he didn't do it.

He has an I.Q of 80.

All you really have is a confession,
which most likely was a product of coercion.

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

How about on the possibility
of Zeke Borns' innocence,

we hold off just a bit on killing him?

You must be new
to Texas, Mr. Shore.

- I told you not to raise innocence.
- How could we not raise it?

They hear it all the time,
Alan, don't you get it?

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

every single complaint case.
It's the standard refrain.

It has no impact when you can't
actually prove it, which we can't.

- The trier of fact found him guilty.
- That doesn't mean we can't argue...

Look, I've done this before.

I know the way it works down here.

Our claim has to be procedural.
It's the only chance Zeke has.

And before you march into court

and tell everybody
that the confession was coerced,

keep in mind Zeke hasn't recanted.

He's still maintaining he did it.

Lori, while we understand
your issues with Denny,

while we are certainly taking
steps to resolve them,

I don't think you need to lodge an official
complaint of sexual harassment.

- Shirley...
- Because if you do,

we are required by law
to initiate certain procedures.

It could get very
messy for all involved.

Is that a threat?

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

including you.

I think what you really mean to do
is to voice your concern unofficially.

I am making an official complaint.

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

You little bitch.

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

or ever shooting one.

Zeke...

I certainly don't wanna
put words in your mouth,

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

If you don't recant,

by this time tomorrow,
you will be dead.

I'm gonna be dead no matter what.

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

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

He also favors the side of truth.

Now, if the truth is you didn't do it...

I did drugs.

I stole.

I was a bad person.

And now I need to be a strong person.

I need to have courage now for once.

I'm gonna be brave.

After my marriage dissolved,
my sexual desire became inflamed.

I was in a few relationships,

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

When you say "addiction"...

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

my southern region turns tropical.

And this compulsion
led you to male prostitutes?

Where else was I to go?

I'm a 56-year-old woman.

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

I suppose if I were
in a relationship...

What the hell was that?

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

Did you coach her to do that?

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

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

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

I can feel it.

The judge has intent issues.

These judges are
only human, Chelina.

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

When I left this job, I told everybody
it was because I wanted to make more money.

The truth is I couldn't take it anymore.

I couldn't take seeing clients die.

Did you win any?

Sometimes you
must have prevailed.

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

Yeah, a New York firm
volunteered to handle it.

It took them 10 years
and cost $5 million.

The state of Texas has the most overwhelmed
and underfunded defense bar in the country.

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

The prosecutors have
an unlimited budget.

- It's a joke, Alan.
- We have good grounds here,

the trial lawyer has admitted
he provided inadequate counsel.

Alan, this is the court that held a sleeping
lawyer isn't necessarily inadequate.

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

You asked me before why Texas,

instead of having a supreme court,
it has two High courts?

The reason...

is to speed up the death cases.

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

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

Seven of the nine judges you will
face tomorrow are former prosecutors.

Hey.

Hey.

I promise you...

by the time I finish tomorrow,

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

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

I'm sorry.

Maybe we...

we should probably
get back to work.

Yeah.

Public presence here, Jerry.
There's one protestor outside.

What am I gonna do, Chelina?
It's just not as big a story as it used to be.

We'd be better off
with nobody than one.

I'll call you after.

I told you you are not
wearing that hat.

Take it off.

Listen, last night...

sometimes lawyers will bond
over a cause, and, well, I...

Chelina,

let's go argue the cause.

Remember, this motion
is a nuisance to them.

They will antagonize you.

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

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

Anything else?

Persevere.

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

Persevere.

I got it.

There is no question that

the defendant entered into a transaction
for sex with someone for consideration.

However,

one element of this crime
is criminal intent.

The burden is on the prosecution to prove
this element beyond all reasonable doubt.

If a medical condition deprived
the defendant of her free will,

or even unduly influenced her,
she lacked that intent.

Since the prosecution failed to eliminate

hypersexuality or bipolar syndrome

or Kluver-Bucy syndrome
as a cause for her conduct,

well, then, I feel I have no choice
but to deliver a verdict in favor of...

the defendant.

Miss Watson,
you are free to go.

What?

You got to that judge.

- I don't know what you're talking about.
- You knew his ruling by heart.

Boilerplate. / A ruling that
was ridiculously pro-defense.

Denny Crane.

What did you do, promise
him a date with our client?

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

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

Third...

And you, was there
any quid pro quo here?

- How dare you?
- Oh, never mind how dare me.

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

- Bribing a judge.
- Never did that.

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

For now, like the judge says,
you're free to go, as is your lip.

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

He confessed to it.

The petitioner has gone up and down
state and federal courts,

exhausting his appeals,

losing his habeas arguments,

and failing on claims
of constitutional violations.

Four different courts of appeal
have reviewed

and rejected each and every one
of his arguments.

Now is the time for this man
to pay the penalty

imposed on him fairly and legally.

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

He has forfeited his right to live.

Thank you.

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

Good afternoon,
my name is Alan Shore.

Mr. Shore, what are the new
issues being raised here?

The first issue before the court

concerns the absence of
any African American jurors.

That was previously argued
and ruled on, counsel.

Yes, before the lower courts.
This bench has never considered...

We're not persuaded that
the absence of a black juror

is in violation of due process.

What's your next issue?

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

which indicted Mr. Borns
similarily was all white.

This raises equal protection laws...

That issue was never raised,
and is therefore waived.

Your honor, Texas law requires
that the jury recommend death only in cases

where they find that the defendant poses
a threat of future dangerousness to society.

We maintain this is unconstitutional.

Juries are supposed to find
elements of guilt and innocence

based on facts beyond a reasonable doubt,
not on the basis of perceived probabilities.

Moreover, as a practical matter,

since Ezekiel Borns will
remain in prison for life,

he couldn't possibly constitute
a future threat to society

unless the law assumes prison breaks.

Well, that's an interesting issue, counsel,

but that also was never raised,
and therefore, it is deemed waived.

Next.

May it please the court,

Mr. Borns' trial lawyer has recently
admitted he was ineffective counsel.

He was abusing cocaine
and alcohol during the trial...

- Not legally inadequate.
- I believe if you examine the transcripts...

Mr. Shore, representation
can always be better,

especially when we play
Monday morning quarterback.

With all due respect,

this lawyer never gave
an opening statement.

He never questioned several
of the prosecution's witnesses.

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

This court right here today

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

This court is satisfied that
the representation was adequate.

Is there anything else?

Yes, Mr. Borns may be innocent.

The jury disagreed,

and legally,
that issue has been settled.

The DNA evidence shows
somebody else was there.

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

And your guy confessed, by the way.

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

Coercion was never raised.

It was never raised because his
lawyer was an inadequate hack,

though the nine of you seem
quite satisfied with his performance,

with all due respect.

Mr. Shore, you came down here
from Massachusetts?

Yes, sir.

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

You've been living with it personally?

May it please the court.

You first met Mr. Borns when?

Yesterday.

And you are proposing to us
that you know him?

You know what I'd like to propose?

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

Now, is that why you came here, sir?

I am here, with all due respect,
may it please the court,

because I have a problem with a state
executing a man with diminished capacity

who may very well be innocent.

I'm particularly troubled,
may it please the court,

with all due respect,
that you don't have a problem with it.

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

but you cannot
possibly disregard the fact

that 117 wrongfully convicted people

have been saved from execution
in this country, 117.

The system is hardly foolproof.

And Texas, this state, is responsible
for a full third of all executions in America.

How can that be?

The criminals are just
somehow worse here?

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

50% from one state.

You cannot disregard the possibility,
the possibility that something's up in Texas.

I would urge you to confine
your remarks to your client,

and not the good state of Texas.

Zeke Borns never had a chance.

He was rounded up as a teenager,

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

browbeaten and interrogated
until his I.Q of 80 was overcome.

He confessed to a crime
he had no memory of,

still has no memory of,

for which there is no evidence,

other than two witnesses who saw him
pumping gas around the time of the murder.

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

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

who have the benefit
of knowing all of this.

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

and you're indifferent!

You don't care!

Whether you believe in my client's
innocence, and I'll assume...

With all due respect, may it please
the court, that you don't.

You cannot be sure of his guilt.

You simply cannot.

And failing that,
how can you kill him?

How can you kill him?

And I would sincerely, sincerely,

sincerely hope that
you don't penalize my client

simply because his lawyers
happen to be from Massachusetts.

The home of the New England patriots,

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

May it please the court.

I am so sorry.

No, you don't have to apologize.

They gave you nothing.

You had no choice but to
go with your passion.

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

You were strong, Alan.

And maybe you reached them.

The court hasn't ruled yet.

Six hours before,
he goes to Huntsville.

- That's the law.
- What's in Huntsville, bleachers?

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

Why move him
if there's still a chance?

- Jerry?
- No cell phones in here.

Just now?

They turned us down.

Well, let's go then.

- I'm so sorry, Zeke.
- I'm ready, Chelina.

I'm gonna be strong like a hero.
You watch.

Will you watch?

I want people to see me strong.

I got no family.

Will you come?

Sure.

We'll be there.

Let's go, Zeke.

We'll go and see it together.

He bribed the judge?

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

As much as I adore him,

it's only a matter of time
before he brings this place to its knees.

He's the named partner,

the lead named partner.

I think we've gotta take him out.

I get ice cream.

- Chocolate.
- Yeah, you're set.

They said maybe sprinkles.

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

Governor's in Hawaii, unavailable.

There's still hope, however.

I made a few calls,
tracked down a woman I know

who is actually performing in a charity luau
where the governor is scheduled to be,

Polynesian dancer.

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

A hula girl.

I know this girl.
She's good.

- Zeke.
- Let's do this.

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

Would you excuse us
for a minute, please?

Zeke, you talked
about being a hero.

Strong and brave may not
go with hero here.

What do you mean?

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

I think you should show them

you're a human being.

And the human thing
to do here is be afraid.

If you wanna be a hero,

show people what it really
feels like to be executed.

We're led to believe

it's peaceful, painless,

humane, even.

I think you should fight
to the end, Zeke,

and show your fear.

This is because you're against
the death penalty, right?

Well...

Whether a person is for or
against the death penalty,

he or she should
just know what it is.

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

is to be human.

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

should he care to
peruse it over a Mai Tai.

Excellent, Angela.

You have my number,
you also have Alan's,

and I've given you Chelina's cell,
and the number at the WLS unit.

Thank you. Aloha.
Make speed.

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

Hula girl.

Justice works in
strange ways, Paul.

Ask judge Brown.

Did Denny bribe him?

I can only guess.

Tara, do you ever feel sexually
harassed by Denny?

Never.

He never objectifies you?

All men objectify me.

I don't.

I don't!

Hello, Angela?

Yes, without question.

He must be there, Angela.

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

You got my fax? In your hand?

Then find the governor,
get it in his hand.

We have less than 10 minutes.
Maybe 5.

Okay.

No cell phones are
allowed in here.

How'd you get by with that?

I told the guard we were waiting for
a last-minute call from your conscience.

Collect.

Do you see that guy?

Media. One guy.

It's not even a story.

Do I get to say
my last words now?

If you like.

It's just...

I don't know if I did it,

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

Time to get on now.

Okay.
Thank you for everything.

No.

Get his legs. Get his legs.

Get his legs.

Get him on there.

I got him.

Right there.