Original subtitles

It doesn't make sense to challenge their case. There's nothing the prosecution

is putting in that we don't admit to. Unless we want to say somebody else did

it. Her prints on the weapon, blood on the thing. I don't think we're going to

win, but Lizzie Borden?

Our mock jurors don't buy it. We don't need them to buy it. We need them to say

what if, maybe, I don't know.

How's our star witness, Dr. Peters?

He's a little reluctant, but he's with us. Are we really going to do this?

If you have anything better.

We could just go straight blackout.

Problem is, if we end up putting her on the stand, she does remember swinging

the hatchet. It's not a total blackout.

We only have one choice.

Lizzie Borden took an axe, gave her mother 40 whacks, born again in 61,

killed her husband just for fun.

Sounds good to me.

Is it working? Can you see anything?

Try not to whip around. Keep yourself steady.

Okay, that's good.

Okay, Beck.

She's going tomorrow.

Tuesday.

What if he examines me? He'll feel it. Well, he hasn't examined you in seven

visits. And if he starts to, tell him you have to go to the bathroom and

disconnect. And when do we get Matt?

We'll get him, Jimmy. Don't worry.

You'll get your turn.

I'm ready.

I get anxious when I'm ready for something.

Lizzie Borden?

Shh, you cannot say a word. I won't. The DA doesn't even know this is coming. I

could be disbarred for telling him. Don't you have to plead insanity in

of trial? Oh, they know we're going insanity. They just don't know.

Lizzie Borden. So you expect the jurors to swallow this past life stuff?

There's a lot of Western doctors who believe in it, Mr.

Chiropractor. Do you believe in it? Do I look nuts?

But you'll argue it in court.

If a doctor will testify to it and we have no other defense, in a second.

And you sleep at night.

You bet.

Alone.

Sorry?

Uh, do you plan on sleeping alone for the rest of your life?

Eleanor, we've been dating for over two months now, and unless you have some

sort of religious or moral objection, I just think it's a little odd that we

haven't spent the night together.

Well, maybe I'm waiting for marriage.

Some girls still do that, you know.

Yeah, you're one of them?

You know, this really isn't a great place to talk about it.

Okay.

Sure.

Yeah, Lizzie Borden was acquitted.

Most people don't know that.

She was acquitted, but...

She was guilty.

I know.

Taking my clothes off for the first time is not easy for me.

Do you think I'm not attracted to you?

It's not that.

Have I acted like I'm not attracted to you?

Leave it out.

That's our whole case. We're leaving it out of our opening. Our whole case is

Dr. Peters.

If the jury hears Lizzie Borden, he loses credibility before he even gets on

stand. In the opening, we'll just set up insanity, then we'll build a doctor's

credibility during direct and work up to the big bomb.

We're just afraid that if we come out of the blocks with Lizzie Borden past

life, that we will lose before we even begin.

It does happen.

Just like our mothers tell us.

Yeet? No.

Love. It happens.

Are we ever going to meet this guy?

She's ashamed of us. That's why. I am not.

Well, then when do we get to meet him?

Well, when are you going to paint the walls?

Next week.

Have you had relations?

Jimmy.

It's kind of a personal question, don't you think?

Jimmy.

I was told to proceed to 76 Robin Street, where there'd been a report of a

prowler. And when you got there?

I observed a defendant wandering in the area.

Can you describe the defendant's demeanor? She looked disoriented, even

Did she say anything to you? She told me she was looking for her cat.

She was covered in blood, but she just kept talking about her cat.

I asked her where she lived, which was just two doors down, so I escorted her

back. Did you enter her house?

Yes. The front door was wide open, so I let her back inside.

And what was inside?

I saw blood.

All over.

She said, did something happen to my cat?

Then I looked into the den. There it was.

It being?

Not her cat.

It was so bloody.

I couldn't even tell whether it was a man or a woman.

And what was the defendant doing at this point? She still seemed dazed.

Almost vacant.

Then all of a sudden she became hysterical.

Hysterical?

She started tearing at her own clothes. I had to restrain her physically.

Did she say anything else to you at this time?

Yes.

After I restrained her, she started to cry.

And she said that the body was her husband.

Anything else?

She said that she killed him.

Are you on drugs?

Maybe. Me, come work in your firm.

Even wanting us to work together.

Here. You're not a career DA.

You've always known at some point you'll jump in. Yes, to make money, not to

catch headlights.

Funny.

What are the odds of you lasting at a big firm?

It's about as much fun as quitting smoking, and I was there when you did

No, forget it. I'll take no, but I won't take forget it. We're going to have

lunch in a couple of days. In the meantime, think about this.

You'd be a partner.

Bobby knows you're here.

I'm not broaching it unless you're interested, and if you are...

He'll say yes. He'll have to. Why is that?

Your reputation.

We need it. We'll pay for it.

Lindsay, if you say no, fine, but don't be stupid and not think about it first.

She was dazed when you first saw her. That's right.

In fact, according to your own report, she didn't appear to know where she was.

Did you remark that she didn't seem to be aware she was covered in blood?

Yes, I said that. And when you described her as becoming hysterical, you told

fellow officers she went nuts.

Objection. Overruled. Did you say she went nuts?

By that, I meant hysterical. Did she strike you as a sane woman, officer?

Objection. Sustained.

Was there a cat, do you know?

Not that I know.

She didn't know what she was doing, did she?

Objection. Sustained. Did you learn whether the defendant even had a cat?

I'm told she did not.

Didn't have a cat.

Officer, in your opinion, I know you're not trained in mental health, but...

Objection. I'm asking for a layman's opinion, man on the street.

I'll allow it.

As you observed my client, as you listened to her, did she believe she had

cat?

I think she did.

Yes.

You did great.

I said it so perfectly, now it's up to the doctor. He says he's ready.

I would bring me comfort if he had any idea what he was in for.

You need to share with the jury how nuts it all seems.

What do you mean?

You have to admit that this whole theory seemed just as crazy to you as it does

to the jury now. When they hear Lizzie Borden, they'll think it's absurd.

Yeah, they'll think I'm absurd. Not if you take the curse off it, just saying.

Your immediate reaction was the same as everybody else's. Yes, you can't come

off as some past -life zealot. Let's be honest. When the DA gets done with me,

I'm not going to have any credibility left. We have other experts backing you

up. On past -life experiences, maybe. But I'm the only doctor who gets in that

chair and says, Lizzie Borden. We'll protect you as best we can.

Right.

Tomorrow at this time, I'm going to have quack leading off every newscast.

Doctor, I know you're worried about your reputation. I understand that. But once

you take that witness chair...

You have to commit.

And what are the chances this could work?

Not good.

I won't lie to you, but without you, she's going away for life.

You're her only chance.

70. Not so fast.

70 ,000. Well, the check's not signed.

They want to do their own physical, make sure the injuries are real.

What's new? They all require... What's new is the doctor they use, he's tough

fool. They all can be fooled. We just... Look, I don't want to take nothing for

granted. Rebecca can act good, but she better be prepped. You tell Dr. Spivak

be thorough.

He will be.

Don't worry.

At what point did you begin treating her with hypnosis?

After about a year.

She was still suffering the anxiety attacks, the blackouts. Okay, these

blackouts. Did you mean that she would just lose consciousness?

No, it would be more like sleepwalking. She'd suddenly find herself at a store,

for example, and not know how she got there. She would drive?

Sometimes, yes.

And you were able to make no real progress?

That's why I tried the hypnotherapy.

Can you tell us what you discovered?

She started describing her house.

Except it wasn't her house. She was talking about stuff from the 1800s with

meticulous detail.

She started going on about her house.

Finally, I asked her her name. While she was under hypnosis?

Yes. And what did she tell you? I know it sounds crazy, but she told me she was

Lizzie Borden.

Quiet.

Quiet down.

Lizzie Borden, the woman who killed her parents with an axe?

Yes, and after that session, I went to the library and looked up some of the

stuff she was telling me.

All true.

She was telling me about birthmarks.

and giving me information on friends and relatives, stuff from archives that's

barely published, and it was all true. It was stunning.

I had her sign her name. She signed Lizzie Borden. I took it to a

expert to have it analyzed. He said it was a match.

Did you form any conclusions based on this?

Well, I didn't form any conclusions, but... Did you leave room for the

possibility that in a former life she was Lizzie Borden?

I said it was possible.

Hey. Hey, how you doing? Good.

Well, this isn't so bad.

I never said it was bad.

Well, you didn't want me to see it.

Lindsay, Fred Spivak, Lindsay Dole.

Nice to meet you. Nice to meet you. A pleasure.

So, we're going to go to lunch.

Can I come?

I'm just kidding.

We'll be back in an hour.

Take your time. Thank you.

They think you got enough? Well, they want him taking the money on camera, but

we're almost home.

So, it's my turn with Spivak. Better hope he doesn't examine me.

What'd you say?

I said I hope he doesn't examine me. If he does... What's his name, this doctor?

Spivak. Fred Spivak.

You know him?

He was just in here.

What are you talking about?

The mystery guy Eleanor's been dating?

Fred Spivak. Doctor.

How can that be?

Remember? She said that they bumped into each other right in front of the

building. He was probably on his way to meet you at the coffee shop. Well,

either that or... Well, he's on to us, and he's dating her to find out if...

could he know for sure that she wouldn't know his name? It had to be for real.

Wait.

Eleanor is dating my crooked chiropractor?

Worse than that.

She's falling in love with him.

Doctor, it's your medical opinion that the defendant was Lizzie Borden in a

former life?

I only said possible.

Did she talk about her previous crimes under hypnosis?

As a matter of fact, she did. And in your medical opinion, she was acting out

past life experience.

I know how it sounds, but the thing she was saying under hypnosis... Yes, they

all checked out our microphone.

Doctor, is it possible for somebody to fake being under hypnosis?

I think I would know if somebody were faking.

Why did Mrs.

Hansen first come to you?

Anxiety.

Sleep deprivation, blackouts. Trouble in her marriage? She did have some

trouble, yes.

Ever expressed anger toward her husband?

Actually, no. It was guilt.

Guilt? Yes. Any problems with her marriage she regarded as her failures,

would experience sporadic feelings of tremendous guilt. These usually preceded

her blackout episodes.

Ever explore that guilt?

Yes, through hypnosis.

That's when these repressed Lizzie Borden memories came out. And that's the

source of the guilt.

A hundred years ago, she hacked up her parents. It may sound ridiculous, but...

Could her guilt have been triggered by anything else? Like infidelity?

What if she was secretly seeing someone else?

I don't think that was the case. Why is that?

She would have told me I was her treating psychiatrist.

Maybe she didn't feel the need to tell you.

Is that possible?

Doctor, are you having an affair with the defendant?

Objection.

Overruled. Doctor, do you recognize that woman sitting in the last row?

Didn't she once work as your assistant?

Objection. This is unfair surprise.

Overruled. All right, Doctor, let's speed things up here.

Are you having a sexual relationship with the defendant?

Answer the question, Doctor.

Are you involved with that woman?

Yes.

Are you in love with her?

I could be.

Hey, let's calm down. The hell is calming down? Are you sleeping with her?

Everything I said up there is true. Are you sleeping with her? Hey, look. Answer

my question. Hey, shut the hell up. All right.

It wasn't my idea to get up there. I didn't want to. Why didn't you tell us

this? Because I didn't think anybody knew. And if it came out... Are you

covering for her? I am not covering for her. She kills him, gets his money, gets

a doctor to help hatch it. Go to hell.

All right.

She was the rich one, not the husband, if you care about the facts.

Did the two of you conspire to do this?

I didn't back her up or fill her in with any lies. Right. That would hurt your

reputation. Eugene.

Look.

It was exactly like I said. She suffered the anxiety, the blackouts, the Lizzie

Borden stuff. It's exactly like I said. The other, it's irrelevant.

Except you love her. It gives you motive to want to save her. I didn't want to

testify.

You said if I didn't, she'd be convicted.

I had no idea anybody knew.

Damn it.

So the affair started after you began treating her?

Yes.

We still got our other experts.

But Peter's the only one to make our insanity. We're done.

Is there any way he could have hypnotized her into killing him if he

I've already checked on that. It's impossible.

You can't hypnotize someone into doing something that you find repulsive.

Plus which, she would have a memory of it. Well, she does remember swinging the

hatchet. Well, maybe they did it together like you said.

She passed her lie detector conclusively.

Look, I think our job just got tougher, but that doesn't change our defense. Our

theory is still... Lizzie.

Well, I keep hearing how good you guys are.

You sure it's the same guy? How many Fred Spivak chiropractors can there be?

still don't see how we can't tell her. Is there any reason not to tell her?

Well... What?

She might be in love with him.

I mean, how can we be sure she won't tip him off?

We can't, still.

How can we be sure the doctor won't tip off Matt? We could be putting Jimmy in

danger.

Hey.

Who died? What's going on?

Eleanor, the guy you're seeing, is this his card?

Yeah, where'd you get this?

He's the chiropractor who's treating Rebecca in the insurance scam.

Ha ha, very funny.

We think he was on his way to meet with Jimmy when

you first ran into him.

The doctor that's treating you is Fred Spivak?

Yeah.

Men. Another dirtbag.

No biggie.

Repressed past lives, it's much more common than first thought.

Is it the same as reincarnation?

Basically. And when you say common... There are thousands of cases, anecdotal

evidence, where people usually under hypnosis manifest past personalities.

Patients have suddenly started speaking in foreign tongues.

I had a patient who kept claiming his dentist killed him.

I finally looked up the name of the person he was claiming to be.

He died 40 years ago, mysteriously, in a dentist chair.

You're sitting there like jurors.

What do you think?

It's a bunch of crap.

Now, why do you say that?

Well, it was past life, hocus pocus.

Lawyers today, they don't pay experts to say anything.

Maybe she thought she was O .J. Simpson.

We heard a lot of experts with very good credentials.

And, Dr. Peters, aside from the affair, didn't his testimony seem truthful?

He's just saying whatever to save her, because he loves her.

And once a doctor makes a diagnosis, other doctors don't want to contradict

They're worse than lawyers.

Murder, too.

Mr. Hampton, we can't win.

Our theory was pretty stretched to begin with. Add to that your affair with the

doctor. Don't you think I knowingly killed him?

All I'm not sure I do.

Do you, Allie?

I'm not sure.

I am not pleading guilty to murder.

I had blacked out.

Let me testify.

I don't think that will happen. I'm not pleading guilty to a murder I can't even

remember.

Just because I fell in love with my therapist. And chopped up your husband?

I don't remember it.

If they believe I blacked out, they'll have to find me insane.

I think she's using him.

What? She seemed like she'd fall in love with Dr.

Peters. If she were using him to set up an offense, she wouldn't have to pretend

to be in love with him. If anything, it makes him less useful as a witness.

Except... Except what? This doctor cares so much about his reputation.

To put himself on the line in open court... Maybe she needs some kind of

insurance that he'd go to the wall for her.

If you tell him, you could be putting Jimmy at risk.

Oh, you know what? Maybe you should have thought about that before I'm holding

the truth onto me. We had to.

What if he showed up here again? What if he saw Jimmy or me?

I'm sorry.

He's not a bad person, Rebecca.

I slept with him last night.

What are you going to do?

I don't know.

I don't know.

I remember looking for a cat.

But do you have a cat?

No. And do you remember what happened before that?

Going to bed.

I had been having bad anxiety attacks all day.

I had gone to see Dr. Peters, and we had tried the hypnotherapy again, and he

had given me some medication, but the attacks kept coming.

When you say attacks... I would just shake and tremble.

I called my husband. He was still at work. I told him I was going to bed.

And when I woke up, I was outside looking for a cat that I don't have.

Mrs. Hanson, we were all a little surprised to learn that you were having

affair with your doctor.

It had nothing to do with this.

Well, can you give the jury any explanation?

I suppose I fell in love with him.

These horrible things were happening to me, and he was the only one who really

seemed to understand or sympathize.

Mrs. Hanson, did you knowingly kill your husband?

No.

I did not.

I thought she sounded good.

How about the mock jury?

They thought she came off sympathetic, but hacking up your husband isn't

something you'd forget. I just took a call from Barbara Lander. She works at

Lizzie Borden Historical Society in Fall River. She's been following the case.

Lizzie Borden had a cat.

She killed it by chopping off its head. It's too late for that.

Yeah, probably.

It's time for the audible.

What's the audible?

We got to put the doctor back up there and rehabilitate him. Which is what I've

been saying.

He's sympathetic. I think the jury still wants to like him. Yeah, but if he's a

hostile witness, Allie, it isn't worth it.

Forget it.

If I get up there again, I'll just... Do you want to help her or not?

If I thought I could... You might.

There's nothing to lose. Now, maybe there was a couple of days ago, but

Meaning what? People are laughing at me? I'm a joke?

If I thought that, would I be calling you up to the stand again? You're

me because things are desperate.

My kids watch the news.

I don't think I need to go through round two.

Noah, the other experts did a pretty good job of documenting this past life

phenomena. I think the possibility is still alive.

But only you can say that that's what happened to Marie.

Been kind of quiet tonight.

Yeah, well, once I sleep with a man, I don't talk to him anymore.

Really?

Everything okay?

Yeah, it's just a case.

Everything's fine.

Sure.

Well,

guess I'm going home tonight.

I'm just beat.

Otherwise... I understand.

It's all right.

I'll call you in a moment.

All set?

Ready. They here? No, they're late again. Let them catch up. How do you

I'm ready.

I'll do it if... I'm ready. I'll do it. You gotta pounce. Bobby.

I'm ready.

So I'll be able to watch on this? Well, I'd like you to, and if he's that all

ambiguous with Rebecca, we'll need you to pin him down. He doesn't try to

disguise anything. He just flat out says it. Well, if he wants to do any kind of

full examination... I'll be going to the bathroom.

All right.

Good luck.

Thanks.

Thanks. Given any more thoughts?

If I were going to hang a shingle, I'd just do it with you, Gamble and Doll.

We don't need them.

Late.

22, we're fine.

Did you talk with Peters?

He's set.

Am I going to take him?

Eugene will do it. Okay, let's go. We're off.

Hi.

Helen Gamble, Ally McBeal.

Hi.

I've been looking for a skirt that short. I haven't been able to find one.

Oh, well, they're not really in yet, but they'll be coming back.

Really? How can you be sure?

I'm wearing one.

We don't like her.

Doctor, you admitted that she could have faked all this. I said it's possible,

but I certainly don't think she was.

But let's be fair.

All the stuff she uttered about Lizzie Borden, she could have looked that up at

a library.

If a patient were faking hypnosis, I would see it.

Now, sometimes things can be suggested to a patient under hypnosis, right?

Certainly. For example, if under hypnosis you suggested to her all that

Borden stuff, then we... I didn't do that. I'm speaking rhetorically, Doctor.

Now, suppose you went to the library.

Suppose you looked up all that Lizzie Borden stuff.

Suppose, while under hypnosis, you told her that she was Lizzie Borden in her

prior life. Why? Suppose you planted in her unconscious, when you brought her

out, she might believe it all as the truth. My question, Doctor. I certainly

didn't. Is that possible, using hypnotherapy?

Are you suggesting I hypnotized her into killing her husband?

Is that possible? That's what I'm... No, Counsel, it isn't. You can't use

hypnosis to get somebody to commit a murder.

That's ridiculous.

Any doctor would tell you so.

Doctor, where were you the night Mark Hansen was murdered?

Objection. I'm entitled to ask this witness questions.

The objection is overruled. Where were you when he was killed?

Objection. Overruled. My client came to you that day.

You prescribed medication. You told her to take a full milligram of Xanax,

didn't you? She was suffering severe anxiety. A full milligram of Xanax would

knock her out cold for two hours, maybe three. What are you saying? I'm saying

that you loved her.

that you planted all that past life bunk in her head, that you went to her house

while she was out, killed her husband, knowing that when she came to with all

that Lizzie Borden stuff swirling in her mind, that she might think she must

have done it. That's what I'm suggesting, Doctor. I think you watch a

much television, Counsel.

Do I?

Like you say, a person couldn't do something under hypnosis or while under

blackout that she couldn't do while conscious.

Like you say.

It's not in this woman's character to commit that kind of violence. Add up all

the things that you've said, Doctor.

Somebody else must have done it. Who?

I don't know.

She had no motive.

If she wanted to divorce her husband, she could have done that. She was the

with the money. The only one here with a motive is you, Doctor. Is she allowed

to do this? You went there with that hatchet. You chopped that man up. You

killed him, didn't you?

I'm not even going to dignify that.

I'll ask you the same question.

Where were you when it happened?

Home.

Anybody who could verify that?

No.

Even on TV, they have a better alibi.

Objection. How's your practice doing, doctor? Drying up, isn't it? What is the

relevance? The relevance is this man is failing as a doctor. That isn't true.

Faced with closing shop. He needed money. She had it.

Objection. There's your killer.

Objection. Sustained.

That was a cheap stunt. You guys don't try anything. It's all a big game to

Turned it into a circus.

I'm going to take a pulse and mark yours.

Who knows?

Could I talk to you for a second in private?

Do you believe he committed the murder? We don't know for a fact he didn't.

That's not what I asked.

Do you think he did it? It's not up to me to decide. Okay, that's twice that

you've ducked the question, which you can continue to do, but I'm going to ask

you one more time just for fun. Do you think he did it?

No.

And yet you can attack him in open court, accusing him of being a murderer.

We're trying to defend a client, Allie. Why didn't you tell me the plan?

Because I figured you would have a problem, and I couldn't risk you tipping

Peters. That's why.

So if this man isn't already humiliated, he's certainly ruined now. Do you

realize that he has two small children?

Did that even factor into your thinking? Our thinking was we needed something to

say in our closing argument.

We needed to be able to get up and say maybe somebody else did it. When we

out Peters was home alone, we thought, why not try?

Prosecution can't disprove a negative. All we need is reasonable doubt with one

juror.

You're disgusting.

Which is exactly why you came to me.

Murder cases are ugly, Allie. You guys didn't want to get your hands dirty, so

you came to us.

We did the dirty work.

If we get the acquittal, I'm sure you'll stick it on your resume.

You make it sound so good. If I close my eyes, I could almost see you as a hero.

Too bad my eyes are open.

I'll lift the rope and try to see the real world. You basically offered a lie

into evidence. That is not lawyering in the real world, Bobby. That is what

lawyers like you claim, to rationalize what you are.

You know what I am?

Do you?

The key, you can't say dull ache.

Dull pain goes away.

Shooting pain is chronic.

It radiates. I got it. Let that be his word, not yours. Radiate sounds a little

clinical. If he hears anything... He only knows I'm being treated. All the

just say shooting pain, all right?

Remember, like arrows.

He's not going to demand an MRI. They won't agree to pay for it. The thing is,

these insurance doctors, they're not interested so much in rooting out your

medical problems that they aren't covering their own ass.

Nothing we're talking about shows up on an X -ray. The fact that your lawyer's

already got a number from them, you're home.

This will settle quickly.

Do we know for sure?

Nobody saw it.

Now, maybe she did it in some insane trance, but maybe Dr.

Peters came in after she was unconscious. It would be perfect,

person suffers blackouts, memory loss, suggests to her she's a killer from a

past life, so when she wakes up and she finds her husband dead, she thinks, my

God, maybe I did it perfect.

We know he loved her.

He would stand to be rich. He gave her the medication, and he told her to take

enough to knock her out.

Doctor?

Doctor?

Doctor Peters, please sit down.

Doctor Peters, if you don't sit, I'll have you removed by the bailiff.

Take your seat now.

You guys okay?

Yeah.

Allie? Fine.

Judge called a mistrial. We get to do this all over again.

Great.

Eugene?

You okay?

No.

Everything you thought it would be, Billy.

You like playing at this level.

I'm going to apologize for not being up for this.

Criminal law is... I know.

It's not my world.

And I don't want it to be.

And I'm not going to feel less than just because I...

Right in front of everybody?

How did he get a gun in a courtroom?

They think he must have bypassed the detector.

He was in and out so much, security maybe thought he was a lawyer.

Oh, my God.

How's Bobby?

Eugene says not so good.

I'm going down.

I'll call and let you know.

Whoa. What? Speed up.

Jim, Jim, quick.

Hey, Ben.

Hi. How are you?

Hi. Surprise.

They're beautiful.

I've been missing you. I can't stop thinking of you.

I've been thinking a lot about you, too.

And I've come to take you to dinner No escape

I'm sorry.

He did it.

I talked to Detective Kale.

The police found traces of her husband's blood in his car.

He left a note.

And her?

She didn't know anything about it.

Your theory turned out to be true.

What do you know?

I'm sorry for some of the things that I said.

You haven't said anything I haven't heard before.

I won't continue to hear as long.

You all right?