Original subtitles

Previously on The Practice. What's wrong?

She passed the bar.

What? I've been going to night school.

Law school at night?

For the last five years.

A case.

My own case.

Stolen bike.

One day trial. Couple of weeks from now. No big deal. You had no idea who the

bike belonged to?

No.

You stole it!

Duh!

Professor?

Bobby Donald is a good practitioner. You studied to be a lawyer.

I don't mean to speak out of turn.

It's just, I should hate to see you waste your gift.

On what basis do you sue my firm? Or me?

On the basis of a hunch.

I'll be in court personally to respond to your motion.

Then it doesn't have to be goodbye.

I... I'm disappointed.

Don't give me hell. I was about to go running, okay? My day was over until you

called. Why do you need me to monitor a lineup?

Because I do, and you'll know why in a second.

All right, face forward.

Homicide? Yeah.

Boyfriend bludgeoned a babysitter. We already did one lineup, but we want to

it again.

Why?

Because this is the witness.

Okay, Danny.

We just need to do this one more time.

We need you to point to the man who hit Cindy.

Okay, buddy?

Okay. I want you to do this real quick, sweetheart.

See, we have to get the mother to direct him a little.

And legally, I want to be covered.

Go ahead.

Number one, step forward.

Is that the man who hit Cindy, sweetheart?

Step back.

Number two.

Is that the man?

No.

Step back.

Number three.

Is that the man?

Is that the man?

Yes.

Are you sure?

Yes.

Hello?

Hi.

Whoa, whoa, whoa, wait. Slow down.

Slow down.

All right.

Where is he now?

Did you call the police?

Yes, I'm on my way.

Yes, I'll bring Bobby. Okay, just give me your address. What bring Bobby?

Bobby's got tickets to the Red Sox game.

Come on, the day is just beginning.

What happened?

Anderson Pearson, my stuff shirt professor?

Yeah. He just shot somebody.

Dead. What?

Come on.

He specifically asked for you. Why do I always have to be the one that... Yes.

In every tragedy, there's a silver lining.

And you believe he's right?

Unfortunately, I do.

He also described the guy's clothing.

Jacket, hat.

Was he wearing any of that clothing in the lineup?

Give me thumb credit.

Look, he's four years old.

He's not going to be a witness in the trial, for God's sake.

He's four.

Mrs.

Walsh. I'm sure we will be able to collect a lot of physical evidence

now and the trial, but for the purpose of holding the defendant, we may be

looking at a probable cause hearing, which might mean your son having to

testify. I'm hoping not.

The arraignment is tomorrow.

He doesn't have to be there, and I'll be in touch with you right after.

Anderson Pearson's attorneys. Go ahead.

Oh, excuse me. We represent Anderson Pearson.

Come on.

Uh, do I have to touch anything?

Well, he, uh... This man has been terrorizing us for a month. We know he's

vandalized our property, even though we can't prove it. Why was he terrorizing

you? Well, I cut him off on an exit ramp.

Excuse me?

Yes. He followed him home. He's a crazy man.

We finally had to get a restraining order, for God's sake.

All right. What happened tonight?

I, uh... Saw him pull up in front, and I said to Andy, my God, here he is again,

and Andy got his gun. Well, I just planned to let him know that I was

wanted... He rang the bell. I opened the door.

He was standing there, holding our cat.

She was dead.

He dropped it at my feet and said, something must be the

matter with her.

Well, I just...

I pointed my gun at him and told him if he ever bothered us again, I'd

kill him.

And then he said something like, oh, I'm just a little mouse.

A mouse couldn't hurt you.

And then he said, maybe it was a mouse that killed the cat.

And then I was shooting him.

What have you told the police?

The same as I just told you.

No sign of a struggle. The victim had no weapon. It's a no -brainer. You know

who this is? Anderson Pearson. He's one of the most prestigious lawyers. He shot

a guy five times.

Surround him tomorrow at the arraignment. He's not going anywhere.

homicide? Okay, let's go.

We're going with you, Professor.

He's in some trouble, Lindsay.

It was Jimmy said, take it.

Then he just clipped the lock and he got on.

You got on it later.

I know, but later. And by then it was Jimmy's bike.

I didn't steal the bike. Just took a little ride on Jimmy's stolen bike.

Don't you be swatting him. You need to be swatting him. I will file criminal

charges. Maybe that's why he's out stealing bikes. He needs somebody to

discipline him. Hey, if anybody is going to kick his bottom, it'll be me. He is

telling you the truth.

Rebecca, can I be of help?

Yes, you can.

Your associate here keeps hitting my son's head.

The trial starts tomorrow. I have to know what I'm dealing with.

He told you the truth. I need to speak with Ms. Washington one second.

Can it wait?

No.

You're not the kid's social worker. I know that.

But I have to make a decision as to whether or not I have a truthful

I don't believe him, how will a jury?

Well, stop hitting him in the head.

Why is she talking about a jury?

She's not going to try this, is she?

I don't know.

Oh, God, here?

I can't work here. My parents would kill me.

Can I help you? This was an upscale law firm. Yeah, do you work here?

Uh, yes, I do. And you would be?

Oh, hi, sorry.

Lucy Hatcher.

Hi, Lucy.

It's probably okay to wear jeans here, huh?

Oh, you're here about the secretarial job.

Legal assistant.

I do phones, too. Don't worry.

She said I'd take care of five lawyers.

You guys two of them?

Yep, that's us. We're, uh, we're two of them.

Can I make a suggestion?

Not that it's my place to give advice, and not that that's ever stopped me, but

when you guys meet people, handshake, eye contact, then your name. Just like I

did. Lucy Hatcher.

James Berluti.

Good to meet you, James.

Lucy Hatcher, hi.

Eleanor.

Frut.

Frut.

It's a good name. Kind of, don't mess with me.

Oh,

yes.

I got Parrish, court -appointed babysitter guy.

Oh, God, my condolences.

Yeah.

Look, I went over the report.

I'm going to be asking for a probable cause.

The kid is four. I know. I don't want to, but how can I not?

Kent, what... What am I going to do?

Case number 32427, Commonwealth v. Anderson Pearson.

Second -degree murder.

Robert Donald for the defendant, Your Honor. Waived reading. We're also hoping

to waive bail.

Second -degree, I have to oppose that, Your Honor.

I'm afraid I'm going to have to refuse myself.

I know Anderson Pearson.

We'll transfer you to third session to address bail.

Next case.

You okay?

We're not getting bail.

Second degree. If they ever gave bail to you, the press.

Sorry.

I'll be in jail for a long time.

That's what we'd like to talk about.

The evidence here is basically all in. Any forensics will just confirm what

we're already stipulating to.

There's nothing to stop us from going to trial almost immediately.

Can we get an immediate trial?

Well, knowing the judge does count for something.

We could go within a month if we want.

The DA has agreed.

Unless we plead insanity.

Which would mean lots of tests, expert witnesses.

Insanity? It is an option.

You saw your dead cat and you just temporarily lost it.

And with temporary insanity, if we win, you walk, no hospital, free man.

Is that what you're recommending?

No.

The problem is you're getting the gun before he came to the door, plus your

threat that you would kill him.

It doesn't preclude insanity, but it makes for a very tough sell.

Next time you shoot somebody, you should wave your arms around all crazy first.

Bad joke.

What are you recommending?

I'd like to go self -defense.

Self -defense? The man was unarmed. And talking to your wife, you two felt like

this man might end up hurting you one day.

Isn't that the reason you bought the gun?

I'm not a criminal lawyer, but I seem to remember that the danger has to be

immediate to justify self -defense.

Technically, yes.

But if we can argue it, I think we can get the jury to buy it.

The rap sheet on the victim was long.

He was a bad guy.

If you don't mind, I'd like you to run this by some lawyers at my firm.

I understand.

Self -defense?

The guy had no weapon.

Well, that's what I'm looking up, whether we could still use it.

Um, Donald Young in front, please hold.

Look, I wouldn't buy it. And I'm a good everyman compass. You know, one shot,

maybe. Two? Eh.

Five? Jail.

May I help you?

I'm not sure.

You're a lawyer here.

Lucy Hatcher.

It's not a picture of Donald. You're not him, so you must be Eugene Young.

I'm Rebecca Washington's replacement.

Why does everyone here give me the face?

Big, strong guy like you. How can you not have a strong handshake?

Excuse me.

Donald Young in front. Please hold.

Lucy, how many cars do you have on hold right now?

Right. Hello, how may I help you?

I'd love it. Find another PD who'll say yes if you can. You think I'm having fun

here? He's four years old.

And every defendant has a right to confront his own accuser.

Without that four -year -old, a killer walks.

Which result do you hate more?

He searched his house for nothing. So the clothes and the weapons he must have

gotten rid of. We've got to find something. Detective.

Oh, Helen,

this is Mr. and Mrs. Harrelson.

It was their daughter who was... Oh, I'm so sorry.

Are you going to put him away?

I'm going to try. Is there anything you can tell me?

Cindy would say that he'd threaten her sometimes, but I don't think physically.

They've just broken up.

Just please get him, would you?

We will.

Excuse me, Miss Fields?

Yes. I'm Rebecca Washington. I represent Michael Baylor. Who?

Baylor. His trial starts tomorrow.

Tomorrow? I think you have the wrong DA.

No, you're on the file. A bicycle theft. A juvie.

Oh, yeah.

God, you almost gave me a heart attack.

He's not a bad kid.

No problem. Sufficient facts, no finding. God, for a second. Well, no

really is acceptable.

If we admit to sufficient facts, even though it's technically not on his

it comes back if he's ever arrested again.

Well, what are you looking for?

Well, not guilty.

We're going to roll with the trial.

You're not serious.

His friend took the bike.

He rode on it later, but he's not the one who stole it.

You actually want to try this?

Well, I'd like for you to dismiss it.

I can't do that.

Well, I can't advise my client to admit to something he didn't do.

So I have to notify the witnesses to show up? We're going to trial?

I guess.

Ms. Washington, it's a bike.

Misdemeanor. I even forgot to fob it off. That's how small this is. It's not

small to my client. He wants to keep his record clean.

You do realize if you push for a jury trial and lose, your client could get...

He didn't steal the bike.

You should have seen them. Eight lawyers, not a single expression among

staring back at us like zombies.

Oh, I have to say, Lindsay, self -defense? It wasn't like they were

us so much as they were... High -rise, brain -dead, pinstripe drugs. Exactly.

Wow. I told you.

This is... Why is she moving out? She got transferred. London. She's willing

sublet at the same price. Oh, can we afford this?

Remember, I'm a civil servant. I don't have all that drug money lying around.

Funny. $2 ,200 a month.

Think of all the men we can pick up with it.

And that's all I pick up. I'm a slob, remember.

We'll hire somebody.

You and me as roommates.

What happens if we both come home with Bobby on the same night?

Funny again.

This is beautiful.

Am I crazy?

Crazy? No. But will the judge even let you argue self -defense?

I got a conference tomorrow. I'll know then.

Anderson Pearson?

Can you believe it?

Well, we certainly work late around here.

Yes, we do. Oh, hey, I'm not complaining.

I like it. I never go out before 10 and I'm lousy and idle.

Take it you've met Lucy.

Yeah.

Good handshake.

You know, I used to work in a salon. I could help fix your hair.

You would be so... Thank you.

I'm not a magician.

But you can make yourself disappear.

Oh, good one.

Whose decision was it to hire her?

Bobby, we got a little problem.

What? Rebecca.

She wants to try the Baylor case.

What's the Baylor case?

Juvie bike theft.

Witnesses saw him and another kid take it. The DA's offering to continue it

no finding, and Rebecca wants to try it.

Why?

She says the other kid stole it, and he was innocent.

Where is she?

Hey.

Hey. You all set?

Wow, looks like it. Yeah, I'm ready.

Listen, if the DA is willing to continue with no finding, you can't say no.

But he didn't steal this bike.

Rebecca. The problem is I don't believe he won't steal another.

And if he does steal another, the DA's offer becomes worthless.

Because when you admit to sufficient facts, the judge can enter a guilty

retroactive if he's caught committing another crime.

All true.

But you're not dealing with the next crime. You're not his mother, Rebecca.

You're his lawyer for this case. And on this case, turning down the offer is

unthinkable.

I think about the kid, not just the case at hand.

All right, then think about the kid. You say he'll probably steal another bike.

You get him a not guilty here, he'll probably steal it sooner than later.

You take the no -finding deal, and this case stays hanging over his head. That's

a bigger incentive for him to behave.

Take the offer, Rebecca.

Is that the way this goes, Bobby? You order me which way to go?

It's strong advice.

And I'll consider it.

Jimmy's going with you. Bobby, it's my case.

Your first case.

Jimmy's going with you, and that is an order.

Great. Thanks.

Case one to Judge Hiller.

Maybe.

Why maybe?

She's a friend, but she's also by the book.

Ten o 'clock?

You should go. Give me his research.

I highlighted anything First Circuit.

Good.

You all set?

Set.

Rebecca.

Good luck.

Thank you.

Go get him, Beck. You'll be great.

Thank you.

Jimmy.

I'm down.

I wouldn't be arguing self -defense. The guy was a wacko. An armed wacko. The

victim was basically stalking him, Your Honor. He showed up everywhere, calling

my client Mercedes.

Hey, Mercedes, how you doing, Mercedes?

Why'd you call him that?

Because that's the car my client was driving when they got into the initial

dispute. You mean this started with a traffic incident?

And the threat started to escalate, and he vandalized their property, and he

killed their cat.

Well, you can't use excessive force to protect a pet.

What I'm saying is the threat started getting more and more dangerous.

I understand.

And it may have reached a point where he was even about to kill them. But we

weren't at that point when your client shot him. Well, I think that's a

of fact left for the jury.

The jury is not going to get that question, Bobby.

Why not?

Because if they're offered self -defense, we all know they're going to

it. The defendant is a well -respected family man. The victim is a crazy loon.

The jury will look for any excuse to set your guy free. That's not going to

happen. You can't limit our defense to what you think. I can refuse an

instruction, Ms. Dole.

And if you get a bad jury instruction on top of this set of facts, we all know

where your client will be heading.

I'm doing you a favor. favor here. Trust me.

You don't want to be arguing self -defense.

Technically, she can't block us. Without a good jury instruction, we gotta go

back to insanity.

You better go tell him.

Give me an idea.

Gotta tell the child's mother something. Of course, I have to cross -examine

him. That's not what I mean, and you know it. Look, my guy may be a murderer,

but he's still entitled to the best defense possible. That's our glorious

system. Kent.

If you had any other evidence, that'd be one thing. But I've got no choice here.

No choice, but to what?

You have to understand.

A probable cause hearing as far as the defense is concerned can be used as

discovery.

So he's just going to pick away at Danny in a witness chair?

Well, if there were anything... My son is in terrible shape, Miss Gamble. He

just saw a man bludgeon a young woman to death. A woman he was very attached to.

I know.

And now... Can't these questions... Can't we do it in a room or even back at

house? Does he have to go into a big courtroom?

Well, I'm afraid that's part of the whole idea.

What idea?

Mrs. Walsh, please.

See, part of the plan for the defense attorney will be to shake your son.

I don't mean just shake his story, but shake him.

He wants this to be an awful experience for you. He wants you to be so repulsed

tomorrow that you'd sooner leave the country than let your son go through it

again at trial.

What's he going to do?

Whatever he can.

This is barbaric.

Sometimes it is.

We saw them clipping the lock, laughing, and then they took it and rode away.

And you're sure the defendant was one of those boys?

Oh, yes.

Thank you, Ms. Jolly.

Was it this boy that actually clipped the lock, or was it the other boy?

I believe it was the other one.

And was it this boy that rode away on the bike, or was it the other one?

The other one, but he ran alongside.

Officer, you say you caught my client on the bike. Is that why you arrested him?

Yes, ma 'am. The bicycle was stolen.

We caught your client while he was riding it. And you never saw him before

That's correct.

Never saw him while...

The bicycle was being stolen.

That's correct.

I think it went okay. Oh, it did.

So good, you should rest.

What, and not for my Philadelphia?

I don't think they made the elements, and Michael could blow it. Yeah, but if

doesn't tell his side... Beck, when you first interviewed the kid, you didn't

believe him.

I know, but he was there at the scene laughing. I mean, he was caught riding

thing. I think he has to account for that for us to have a chance.

You could go either way.

It's a close call.

I'm going to put him up there.

You've been over his testimony? No, at least 20 times.

What about an interlocutory appeal?

She's not officially blocking self -defense. She's just nudging us for our

good.

I think it's back to temporary insanity.

Which means you've got to count the ways you love that cat.

I'm sorry, but we are in a hole here.

You pulled that trigger five times. You bought the gun specifically because of

this guy. Your threat to kill him is on record.

I still think the jury will sympathize, but... I didn't go to the door to kill

him.

He just... A gun you can kill with just a twitch.

I didn't go to the door to kill him.

Nothing. I tried to stop him.

I didn't.

And I did ride it, but I didn't steal it.

Michael, did you encourage your friend Jimmy to steal it?

No. Maybe I should have stopped him, but I wouldn't steal anyone's bike. I don't

steal. My mom, she raised me to be honest.

Do you think you behaved honestly here?

Not totally.

I just kind of went along.

But it was Jimmy who did it.

You just kind of went along with it?

Yes. You wouldn't steal a bike because you're honest.

Yeah.

Two years ago you stole a bike, didn't you?

Objection! Overruled. Didn't you steal a bike two years ago, Michael?

I was never prosecuted for it.

Have you ever been caught cheating in school, Michael?

Objection! Overruled. Sidebar, Your Honor.

Prior bad acts are inadmissible. She can't talk about other things unless

they're felonies, which none of these were.

I agree, Miss Washington, but the witness opened the door. He introduced

dishonesty. Now, once he does that, she can cross -examine.

It's too prejudicial. You should have thought of that before putting the kid

there.

You're kidding me.

I take the blame. I didn't know she was going to ask the kid about being honest.

I take the blame.

Where is she?

Conference room.

By me.

Let me.

We've all done it, and you'll do it again.

This was a stupid one, Eugene.

Probably shouldn't have put him up there to begin with.

Well, that's over.

The main thing in a trial, Becky, you can't think about what you did. You got

keep your eye on where you are.

Now, Jimmy thinks you still got a shot.

Is that your close?

Yeah.

You really think the kid is innocent?

I do, actually.

Then don't get up there and make a speech.

Talk to them. Get rid of all this reasonable doubt stuff.

The judge will instruct on that anyway.

Just talk to the jury simple.

Your personality.

There's a sincerity that comes out of you.

That's going to be your greatest strength in that role.

If you get out there and just start thumping, you'll be like every other

Okay.

Thanks.

I'm not going to allow it.

I'm afraid you have no choice.

I'm his mother.

And I'm going to protect him if no one else will.

Mrs. Walsh.

Here are two subpoenas.

One's for you, one's for your son.

I know this is hard, but I cannot let a murdered defendant go free.

Which is what would happen.

If you fail to show, I will move for a contempt order. I will get it.

And you will be put in jail.

What's inside of you?

On cases like this, what's inside of me is irrelevant.

It's also the last place I'd let myself go.

Eugene! I need those timesheets, Eugene.

You'll get them? I'll get them today.

None of this end -of -the -week try -and -remember business.

We do our timesheets every day.

Eleanor, too.

Where is she?

Why did you hire her? I had to steal her, Eugene. She's a one -woman army,

is what we need.

Bobby, good. Gotta make it quick and get that office. I'm moving Rebecca off my

desk. Eleanor has seniority. Lindsay, I have an idea. What? In my office.

They're meeting me there.

Courthouse. Mother and son.

Involuntary manslaughter? Not manslaughter.

Great involuntary as in no intent.

What? He didn't mean to pull the trigger.

Five times he didn't mean it? What he said yesterday, he killed in a twitch.

I remember once I was in an argument. I'm screaming back and forth with this

guy. Suddenly, my hand hurts. I look down and I'm squeezing this book I'm

holding. I didn't know I was.

I didn't mean to. I was just squeezing the book in anger. Yes, but our client

squeezed a trigger. There's a difference.

Doesn't make it any more voluntary.

It's a theory. More important, Judge can't shut us down because intent is an

element of the crime. They have to prove it.

Seems a stretch, Bobby. All we have to do is give the jury something to

Any fingerprints?

No.

Hairs, fibers?

No, sir. Any physical evidence at all linking this crime to my client?

No. So as I understand it then, Detective, the entire case against James

is his volatile relationship with the victim and the eyewitness testimony of a

four -year -old child.

That's correct.

That's all I have.

Ms. Gamble, witness may step down.

Next.

Ms. Campbell.

Call your next witness, Ms. Campbell.

That's all we have, Your Honor.

That's all you plan to put on for this hearing?

Yes, Your Honor.

No physical or testimonial evidence?

What do you expect me to do?

I would ask you to take judicial notice of the lineup identification in time we

feel we would be able to build a physical case.

I strongly urge you not to call it a day here, Counsel.

The Commonwealth has nothing more at this time.

I find probable cause to be wanting.

You can refile in the future if you get more, but for now, this case is

dismissed. The defendant is free to go.

No!

No!

Helen,

what in the hell did you...

We have no case, Mike. The kid saw what he saw. He's four. Tell me I'm going to

get by reasonable doubt.

I couldn't make any case based on eyewitness testimony alone. I'm going to

it with a four -year -old. So you let a killer walk?

He either walks now or later. I cannot justify terrorizing that little boy

what he's already been through.

If I thought we had a chance at a conviction, maybe.

But you know the result here as well as I do. Tell it to the victim's parents.

Get away from me.

He killed my baby.

You let him go.

If we find any more evidence, we can always refile, but... That little boy

him do it.

I had to make a judgment call. I'm sorry.

This has to seem silly.

All of us to be spending this much time.

The bike cost less than $100.

You people are missing work. We got the lawyers, the judge.

Why are we here?

Because he didn't steal it.

Yes, he was there.

Even laughed, rode on it later. You might even say he was a conspirator or

accessory. I bet he was.

But he's not being charged as an accessory.

See, they're saying he stole it.

And he didn't.

It would have been better if he had intervened, stopped his friend.

Nobody, least of all me, is saying that Michael Baylor acted admirably. He

didn't. And if I were his mother... But

I'm not.

I'm the lawyer.

You're the jury.

We just addressed... The legal charges.

He didn't take it.

And there's nothing they put into evidence that proves otherwise.

And we all know that that's the truth.

And the other truth, the most important one, he

really didn't do it.

Circumstantial evidence is just that, circumstantial.

But it can be enough to convict.

And as circumstantial evidence goes, he was with the boy who clips the lock,

laughing all the way.

He runs off with the boy and the bike. He rides the bike until he's caught by a

policeman.

He's stolen bikes before.

You figure it out.

We've never really gone into too much detail about the moment you squeezed the

trigger. I thought we had... We just want you to listen, Professor.

Listen until we ask you to speak.

Self -defense won't work.

Five bullets and a bad jury instruction from the judge.

We'd lose.

We could go with temporary insanity, but then again, you buying the gun.

Bringing it to the door, threatening him, I don't like our chances.

Or you could have pulled that trigger by accident.

You were so angry, you just sort of squeezed.

Suddenly bullets were coming out.

It was involuntary.

You didn't mean to be squeezing.

Who knows?

The truth lies in your mind.

Nothing you've said so far directly contradicts accident.

So, do you think you were acting in self -defense?

Do you think you just lost your mind?

Or do you think you involuntarily just

started squeezing?

I don't remember pulling the trigger.

Good.

We'll be in touch.

Okay.

Will you hurry up?

I'm washing. Well, wash later. Come on.

Take it easy. Why did he come back so fast? It's a bicycle. What do you

Take a week.

The jury's reached a unanimous verdict?

We have, Your Honor.

Will the defendant please rise?

What say you?

Commonwealth versus Michael Baylor, misdemeanor, larceny.

We find the defendant, Michael Baylor, not guilty.

The jury is dismissed with the thanks of the court.

We're adjourned.

You did it.

You already won a jury trial.

Thank you.

It took me nine years.

You've only been a lawyer a week.

Peg, you better not be messing up.

Don't worry.

I suppose I should thank you.

I suppose you should.

First month lasts in security and it's ours next week.

Good.

Bad day?

Normal.

How was yours?

Oh, I think we're going back to being despicable criminal lawyers for a bit.

Pearson? The tactics, you know.

Well, Lindsay, with all the scum you've helped get off, how could you not help

him?

Thank you, Helen.

Think you can win?

Who knows?

Maybe. I mean, there have been some cases where involuntaries...