Original subtitles

Previously on The Practice. We have one last pre -trial where I'll try to

suppress your statement.

Scott, if I'm unsuccessful... No, no, no. I'm not taking manslaughter, Bobby.

Please don't ask me that again!

He's gonna walk?

I'm not saying that, but... But what?

He killed my sister. Don't tell me now that he's... Mr. Barrett.

As we have explained from the start, our case is hugely circumstantial. You knew

your sister, sir. There is no way she would ever take her own life. Not in any

circumstance. She was murdered. If you know it, she did not commit suicide. You

absolutely know it. She said that if she turned up missing, that I should call

the police. Because Scott probably did something to her.

Objection! You want me to sign this?

An affidavit saying I coached a witness to lie? He made that stuff up about his

sister being afraid. Helen, I told him what his testimony needed to accomplish.

I never said lie. I'm convinced that Kyle Barrett lied on the stand after

coached by the prosecution.

I don't think Mr. Bay crossed the line. I see no evidence that he solicited

perjury. The conviction, therefore, stands.

I'll get a new trial, right? I mean, the judge made all of those mistakes.

I'm going to get a new trial.

That's what we're hoping for. I thought I was okay, but I'm feeling I'm... Maybe

I'm not.

Just hurry.

Two years.

That's it?

Yes.

A decent plea for us.

If he gets convicted, the most he'd serve is probably three.

But I could have died, Helen.

I understand, but like you said, you didn't think he was really trying to

you. But he tried to hurt me. Which is why he's about to go on trial.

I'll get him, Margaret.

But if we need to plead, you don't want to be put through this. I know your

husband's lawyers, they're tough.

Three years.

I am not pleading guilty.

Look, this is your wife.

saying you pushed her down a flight of stairs. I didn't touch her. The problem

is victims of domestic violence can look very sympathetic. She is not a victim.

Well, they'll make her look like one. And the jury is going to want to know

would she lie about this. I would like to know myself.

Robert. What about my daughter?

If I plead guilty to a crime like this, then I'll lose custody of her. Well,

that isn't necessarily true. You could get custody. No, I didn't do it.

I didn't throw my wife down a flight of stairs, and I won't say that I did. I

don't care what my odds are. No.

Can I have your attention, everybody?

I have very exciting news.

Now, it's kind of private, but I've been keeping it in for like two months now,

and I can't anymore. I'm sorry.

What? Well, two months ago... Now, keep in mind, it is so not like me to go

through waste cans, but it was a dull day, and I was in the ladies' room.

Anyways, I found this pregnancy test thing, and it was positive.

Now, I know it could have been anybody on this floor.

But I still had a feeling.

Then yesterday, a book came. And I opened it, you know, thinking it was

office supplies. Books, usually library things.

Unfortunately, I threw away who it was addressed to, and then the trash bag

and picked it up, and... Well, whatever.

What to expect when you're expecting.

Somebody hears pregos.

Lindsay?

I didn't order that thing. Oh, come on. I thought I saw it tell me. I did not

order that thing. Lindsay.

We might as well tell him.

That's great.

Thank you, Lucy, for your exciting news. I couldn't keep it from the family. How

far along?

Four months.

Who's the father?

Congratulations. You're funny today.

Congratulations.

Tell me what's happening. What are you doing? My husband!

830! What the hell are you doing? My husband!

Ma 'am, are you there?

Get back on the phone, ma 'am. Hello?

What's happening, ma 'am? Hello?

830 Brayton. Are you familiar with that address?

Yes. After getting the radio run, I responded to that location.

And what did you find?

The front door was open.

When we got inside, we found the defendant at the base of a stairwell in

foyer area.

Mrs. Wakefield was lying face up wearing a nightgown, and she appeared to be

unconscious. The defendant was sitting next to her, holding her head from

behind. Was there anybody else in the house?

The defendant's nine -year -old daughter.

She said she was in her room and didn't see anything.

Could you describe the defendant's demeanor when you spoke to him?

He was very upset.

Right away, I could smell alcohol in his breath and his eyes.

They were very glassy.

What did you do next?

I called for an ambulance and we took Mrs. Wakefield to Mass General.

Could you describe her condition?

At first, she was still unconscious.

But on the way there, she started to come to.

That's when she told me that her husband had pushed her.

Just to be clear, officer, could you describe Mrs.

Wakefield's exact words?

He pushed me.

Robert pushed me.

You said my client was upset?

Yes. He wasn't violent?

No. And when you got there, you saw him sitting with his wife, holding her head

in his hand?

Yes. So you cannot exclude the possibility that Mrs. Wakefield tripped

own nightgown?

Can I positively exclude it?

No, but I... Thank you, officer. When Mrs. Wakefield was taken to the

my client went with her, right? He met us there, yeah.

And did you permit Mr. Wakefield to visit his own wife?

At that point, we didn't even know what we had.

Really? So even after Mrs.

Wakefield's big statement in the ambulance, you still weren't sure a

been committed.

We were investigating.

You weren't sure about what she told you? We had no reason to doubt her. But

man she accused of pushing her, you allowed him to visit her, didn't you?

Yes.

What do you mean, spots?

I mean, spots.

It's worse when I look at the light, but even when I don't, I still see spots.

They're big, and then they shrink, and then when I blink, they come back. Not

always, but, I mean, sometimes.

Sometimes I see them.

And you said they had the optometrist examine them? He's a hack.

I mean, how many kids do you know went to med school so that they could examine

prisoners?

Doctors in this place are all unemployable hacks.

Is it fun?

Is what fun?

Well, I would think it'd be fun. You know, you must dream about big cases.

this one, a murder, your friend on the hook.

I mean, I would think that this has all the stakes that any lawyer could ever

wish for. And if you're not having fun now, Bobby, I mean, then what's the

point? You know?

Scott, we're going to have you meet with a psychiatrist.

I was convicted, for God's sake.

You want to have me declared incompetent to stand appeal?

Oh, I mean, that's smart. Why don't you examine my eyes while you're at it? Do I

get to go?

Go where?

He's losing it.

We got to get him the hell out of here.

Margaret? What's wrong?

I don't think Robert intended to push me down the stairs.

I beg your pardon?

I've been replaying this over and over again.

Have you been talking to him?

We have thought of reconciling.

But this is the truth.

I made a mistake.

Margaret, don't you dare do this. Helen, at the time, I didn't know what to

think.

One minute we're fighting, the next I wake up in a hospital. Police officers

asking me questions. I was angry.

I think I convinced myself at the time that he did it on purpose.

But he didn't.

And?

I'm dropping the charges.

First of all, you don't get to drop the charges. Only the district attorney can

do that. But it's my choice whether to continue.

Actually, no, it's not. You chose to call 911.

Now I make those decisions.

I'm not testifying, Helen.

Then I'll get a material witness order and have you arrested.

If you try to force me, I'll tell the jury I fell.

This was an accident.

Oh, Margaret.

I know you think you have no life without this man, but trust me... I'm

weak victim here.

Look.

We've had a complicated, volatile relationship.

If you want to prosecute me for false arrest or whatever,

I'll own that.

But the man didn't push me down the stairs.

What happened?

My victim just recanted.

That's why I prefer murders. When they're dead, they can't change their

What do you want?

I came to apologize.

I have been a little influenced by politics of late.

You were there for me when my job was in peril and...

I want you to know I'm here for you now.

Is my job in peril?

Helen, they've stuck you with domestic violence. What does that tell you?

They.

They being Kate Brunner. Well, that's... She carries a lot of power.

I'm told you're supplying Bobby Donald with an affidavit.

Not that you suborned perjury. Only that I thought the witness was coached and

that he committed perjury.

If I can give you a little advice, I wouldn't give him that statement.

Is that why you're here, Richard?

To reach out and gag a friend?

No, it really doesn't affect me. It does your case, and therefore you with Kate

Brunner. You win, she likes you. You lose, she doesn't. And if I lose, you

get the brunt of the blame, not me.

I already gave Bobby the affidavit.

But thanks for stopping by, Richard.

It's been good to catch up.

You're working late.

The Wallace appeal is tomorrow.

Are you feeling okay?

Fine.

I'm glad it's out.

It was hard for me to keep it a secret.

Bobby, I didn't take the pregnancy test here.

Did you order that book?

Me? No.

That little witch tricked us.

Either that or somebody else is pregnant.

You okay, Beck?

Oh,

sure.

What you thinking about?

Is this the case?

Miss Washington?

Can I speak to you?

Well, I represent your husband. Yes, I know.

I've decided not to testify.

Oh.

Well... Actually, I do want to testify.

But for Robert.

I'm not sure I understand.

Your client is innocent

You

got

a problem he's about two weeks away from Bridgewater He's suffering from severe

clinical depression. He needs to be hospitalized right now.

We're due in court.

Bobby, this man is not going to court.

He's in the middle of what's called a situational mental breakdown, most

caused by twin positional traumas, the death of his wife and the conviction.

The spots, the inability to sleep.

The man is on the verge of a psychotic breakdown. He needs to be transferred to

a mental facility right now.

Eugene, go to Wolfe, file a motion that he be transferred to the hospital jail

ward. I'll handle the appeals court myself.

I'll need your affidavit.

Can you agree to supervise at the hospital?

Absolutely.

You've got to get him out of prison.

He had me by the shoulders.

I can remember his face being right there in front of me.

I had never heard him scream like that. What were you fighting about?

The same thing as always.

He wouldn't stop drinking.

It was getting worse since the wedding.

Did you tell him you were worried? I tried.

But when Robert's like that, you can't tell him anything.

What was he saying?

It was my fault. He had to drink because I was making him miserable.

He was yelling and shaking me.

That's when I got scared.

I waited till he left the room and called 911.

Tell the jury why you called the police.

I never wanted to have him arrested.

I thought they could just get him out of the house.

Hold him, maybe, until he was sober again.

But then he heard you on the phone.

He came up behind me and ripped the phone out of my hand.

That's why I was screaming on the tape.

I was scared, so I ran. When I got to the stairs, I was going too fast.

All I remember is falling and waking up at the hospital.

Mrs. Wakefield, I want to be clear.

Did Robert push you down those stairs?

No. We were fighting, but he didn't hurt me.

I tripped and I fell.

But that's not what you told the police.

I was angry.

They were trying to get me to say what they wanted, and I wanted to punish him.

We were at the top of the staircase.

Robert had me by the hair. I begged him to let me go, and then he pushed me from

behind.

Isn't that what you said in the hospital?

I didn't really have time to think about things.

Have you and your husband talked about reconciling?

Yes. When did you have these talks?

A few days ago.

Look at your face, Margaret.

Look, I'm not saying that I didn't fall down the stairs.

I'm not saying that it didn't happen as a result of an argument and scuffle with

Robert.

What I am finally admitting to... You've answered my question. No, I haven't.

Ask that the witness be instructed. You are trying to make it seem like he's

controlling me. The witness may answer the question.

What I am finally admitting to is that he didn't intend for me to fall.

I know that disturbs your case, but like it or not, it's the truth.

I would like to focus the court's attention on our first issue for appeal,

is the trial court's refusal to conduct an evidentiary hearing concerning the

charge of perjury by a material witness and the prosecution's role in suborning

that perjury.

Attached to our supplemental brief is the sworn affidavit of District Attorney

Helen Gamble, who was present when Mr. Bay encouraged the witness, Kyle

to give false testimony.

That's not what her affidavit says.

It alleges he coached the witness, but doesn't go so far as to state he's

abhorred perjury. It says he supplied testimony which was new and different

any prior statement given by this witness. That, to me, implies perjury.

And a reading of Ms. Gamble's affidavit reveals that she, too, drew that

inference. Mr. Bay, I assume you take issue with this allegation.

I'm offended by it. I certainly expressed to the witness the need for

testimony to be compelling.

I never remotely asked him to lie.

What about the idea that you supplied the testimony?

I gave him a list of points we needed to cover. I told him what was most

relevant, what needed to be emphasized.

The idea that I encouraged false testimony is preposterous. It's a

ploy by a defense team that's even arguing its own inadequacy, if you look

paragraph six.

I haven't got to that yet.

Your honors, this is the catch -all inadequacy of counsel appeal that's

typically thrown out there when the defendants have little else to go on.

fact remains.

Scott Wallace is an educated man.

He participated in his defense fully. This was a strategic decision to which

relented. It does not rise to a denial of his right to testify.

It's unfair surprise. I didn't know about it myself.

I just uncovered it. That doesn't matter. At this point in the trial...

I'll give you time if you want discovery. I don't want time.

Hold on. These are records of her injuries?

No, Your Honor. His previous wife. There are also medical records of three

injuries to the daughter. A broken arm, a shoulder bruise, and a laceration.

Over a period of 11 years total.

First of all, there is no evidence or suggestion that my client caused these

injuries. Was Mr. Wakefield ever accused of any abuse?

No, but with this pattern, he probably should have been. Do you have any

evidence that he caused them?

No, but... Denied.

You know better than that.

Your Honor.

Out you go.

I'll see you back in court.

Did you hit your first wife?

What? They dug up hospital reports, and some on Jennifer, too.

They're saying that I hit them? Well, luckily, they don't get to say it.

But my question is, did you? Of course not, Rebecca.

How'd she get her injuries?

What injuries?

Bruises, cuts.

Jennifer had a broken arm. She fell off of her bike.

Joanne, she rode horses. She jumped. She had a couple of accidents, maybe. What

the hell is this?

Is this what happens now? They start manufacturing things?

Seems like a lot of accidents, Robert.

Hey, I've had my share of yelling arguments. I've even grabbed from time

both Joanne and Margaret. But I have never, ever hit a woman.

And my daughter.

I don't think it's wise for you to testify.

I suggest we rest and go to clothing.

And why is that?

Because Helen Gamble could backdoor that other stuff on impeachment and it

wouldn't look good.

Trust me.

Do I need another lawyer here?

I'll finish.

I don't want you finishing unless you believe me.

Do I need a new lawyer?

I'll finish.

I'm telling you, Eleanor, I know this woman.

She's covering for him. I know her.

At the risk of getting my head bitten off, ground into wheat germ and

on your cereal, I know you.

What's that supposed to mean?

It means you are under a lot of pressure at work.

Have you considered...

The possibility that you need this conviction so badly, you are willing to

one even in the absence of a crime? Look, after what I did on the Wallace

how could you even say that to me?

I believe you believe he's guilty.

My question is, do you need to believe it?

The only eyewitness is the victim, and she says there was no crime.

Is she the only eyewitness?

Jennifer? Hi.

Are you Jennifer Wakefield?

Who are you?

My name's Helen Gamble. I'm a district attorney.

Could I talk to you for a second?

I know who you are.

Don't look.

Whatever.

Yeah, yeah, he's right here.

It's the clerk's office about the Wallace appeal.

Hello. Yes.

Today?

Thank you.

What? They ordered a full hearing on the perjury issue.

We go back into Judge Wolfe today.

That's our best grounds, Eugene. We have a shot.

I don't believe it. We're back in this.

Well, let's not get carried away. Eugene.

It's our best grounds. We're going to get him out.

Mommy, we can't get Scott's hopes up.

Not yet.

They turned us down on three issues.

But on the perjury, we get a full hearing.

And this is good?

Well, we were hoping they'd order a new trial outright. We didn't get that. But

with a hearing, if the judge determines that the brother did commit perjury,

then we get a new trial.

Unfortunately, we go before the same judge we had a trial.

Wolf? Yes, but... I said no toast!

No toast.

Scott, you need to rest.

The doctor says that you're suffering from clinical depression.

Karen dying the conviction.

You need to rest, take your medication, and we'll do what we need to do.

The spots are going away.

I'm doing better, Bobby.

I'm not seeing the spots.

This is great.

You'll come back and see me after the hearing.

She is a witness. I have a right to question any witness. I filed my

with the court, indicating I represent the entire family. Which is a potential

conflict of interest. You take that up here, not on a playground.

You went to the school?

Yes.

What the hell is wrong with you?

What's wrong is I think this girl may have seen or heard something that night.

Then your course of action was to get a material witness warrant.

Oh, Your Honor, under the circumstances... There are rules barring

represented parties that especially apply to prosecutors, Ms.

Gamble.

She's nine years old.

I believe the witness is under the control of the defendant.

You have been running about making accusation after accusation with nothing

support it. That's why I went to ask questions.

Well, you went about it the wrong way.

You are restrained from going near the girl. You're lucky I don't report you to

the bar.

Your Honor, if... That is all.

Do I have to do anything?

No, I promise.

We just want you to be there.

It would be good for the jury to see you all as a family, that's all.

Okay.

Jenny, could you go out for a second? I'd like to talk to Miss Washington.

I'll take her.

Thank you.

Come on.

Is this really necessary?

I wouldn't ask for it if I didn't need to.

Look, we stand a very good chance of an acquittal here. Why risk it? The risk is

her being traumatized.

She's got to sit and listen to accusations that her father threw her

down the stairs.

Again, I'm trying to avoid a conviction.

All right, Mr. Donald, call your first witness.

The defense calls Helen Gamble.

Offer of proof?

Ms. Gamble was there in the room with Barrett and Mr. Bay.

She was the lead DA. What's she going to say that's not in her affidavit?

Well, she will confirm all the allegations made in her affidavit. She

need to. I've heard them. Call your next witness.

What about the Commonwealth's right to cross -examine this witness?

Mr. Bay?

I think the court can take judicial notice. We dispute Miss Gamble's claims.

The Court of Appeals ordered a full evidentiary hearing on this issue. I

enter her affidavit into evidence.

Call your next witness, please.

I object to this. If you have any other witnesses, you better call them.

Otherwise, this evidentiary hearing is over.

The defense objects to the court acting out of ego.

The defense wants it noted for the record that the trial court judge is

by the fact that the appeals court ruled he was an error.

And the defense wants its objection noted for the record that the trial

judge is not complying with the order of the appeals court.

I will repeat.

Call your next witness or the hearing is over.

My next witness, Kyle Barrett, hasn't arrived yet. We'll adjourn until he

One hour.

So we have a crime where the victim says it didn't happen.

Now, did she once claim it did? Yes.

But as she explained, she was confused and angry and she lashed out.

And all those statements came when she was emotionally unsteady, as she told

you. But now she's admitting the truth. It never happened. All those prior

statements she made, made up.

We don't just have reasonable doubt as to his guilt here.

We have proof of his innocence.

She finally let go of her rage and let the truth come out.

If only we could get a zealous district attorney to do the same.

Yes, that's the only reason we're here.

Because I'm an angry, overzealous district attorney who cannot let go of

rage.

Do you really believe that?

Nothing to do with the fact that an unconscious woman was rushed to the

hospital.

Let's just forget the 911 call where the victim was screaming while the

defendant pursued her.

This isn't the day after, ladies and gentlemen.

It's not the week after.

These charges were filed six months ago.

Margaret Wakefield has stuck to her story since last spring.

It's only after she and her husband talked two days ago about reconciling

she suddenly rises up and says, gee, I think I was mistaken.

It must have been an accident.

Do you really believe that?

I'm sure Margaret Wakefield is a little frightened.

Her husband Robert supported her.

He's the father of her step...

He's the father

of her stepdaughter.

She's suddenly faced with losing everything and she thinks, maybe we can

out.

They talk about reconciling and suddenly, poof.

It's an accident.

He threw her down the stairs.

Can't be erased.

Even at the victim's own request.

It happened.

And it will probably happen again.

You heard that tape.

You heard those statements to the police, to the hospital.

Robert did it.

Robert pushed me.

She can say whatever she wants to now.

But she didn't take an oath to uphold the law.

The 12 of you did.

Could you please state your name and address for the record, sir?

Kyle Barrett, 1505 North Street, Walpole, Massachusetts.

Mr. Barrett, you are the brother of Karen Wallace, is that correct?

Was the brother.

until your client killed her.

Mr. Barrett, in preparation for your testimony at Scott Wallace's trial, you

a meeting with Richard Bay and Helen Gamble, did you not?

On the advice of counsel, I'm exercising my Fifth Amendment right not to answer

your question.

Excuse me?

Your Honor, I'm Matthew Stone, Mr. Barrett's attorney.

Though my client maintains his complete innocence with respect to any allegation

of perjury, given Helen Gamble's belief, I have to advise him not to answer

these questions. Your client is not on trial here, Mr. Stone. Understood, but

with the possibility that charges could file, he has a Fifth Amendment right,

and it would be foolish for him not to exercise it.

You have to grant him immunity. It's the only way you can force him. You can

forget that.

If this man committed perjury in a first -degree murder trial, I am not going to

offer up immunity like a stick of gum. I have to be allowed to question him. I

can't force him to waive his Fifth Amendment right.

We're being denied our evidentiary hearing. Hey, why don't you supply me

some precedent where I get to take away his right not to incriminate himself,

and I'll be glad to accommodate you.

Is it your client's intent to take the fifth on every question he's asked?

Yes, Your Honor.

Everybody get out.

I'm going to take ten minutes to think about this, then we'll reconvene.

Out.

I thought you quit.

I'm not supposed to talk to you, Helen.

You seem to be doing a lot of things you're not supposed to do, Margaret.

You know, I couldn't figure it out.

Then finally it hit me.

You're not going back to Robert because you love him.

You're doing it to protect Jennifer because it's the only way you can.

I don't know what you're talking about. Yes, you do.

No, I don't.

The reason you're so horrified that he'd only get three years in prison is

because when he got out, Jennifer would only be 12, and you're worried he'd get

custody again.

Faced with that, you decide to reconcile so you can always be there to protect

her.

Margaret, he might not get custody under the law. I know the presumption.

But there's a good chance he would.

And then what?

What happens the next time he pushes you down the stairs?

Honey?

Everything okay?

Everything's just swell, Mr. Wakefield.

Come on.

seated.

I have been ordered by the Court of Appeal to conduct a full hearing into

perjury business.

That hearing has been thwarted by the primary witness exercising his Fifth

Amendment right not to testify.

The conviction of Scott Wallace is hereby set aside. It is the order of

court that he be granted a new trial.

Adjourned.

We fully intend to retry him. This man committed murder, and the district

attorney's office will pursue him until his home in prison becomes permanent.

Are you surprised by the ruling?

Shocked is more like it, and outraged.

Judge Wolfe certainly acted within his discretion, but the reality here is a

killer could get back on the street.

And I find that horrifying.

When will Helen Gamble's role be in the next trial?

I will be prosecuting.

I'll be in charge.

Look at him.

Every time he loses, he shrinks an inch.

Amazing. They do it all over again now. It's amazing.

Is it exciting?

New trials?

Being pregnant.

Oh.

Yeah, it's really amazing.

You think Rebecca is?

I doubt it.

Well, the book, the test, it's kind of an elaborate scam, even for Lucy.

Yeah, but...

Between you and me, I don't think Rebecca's really pregnant. And I don't

Lucy's playing any trick.

Then how did that book get here?

I ordered it.

Why?

Because I'm pregnant.

So I'm not convicted anymore?

May I not be convicted?

No.

The verdict is out.

Do we do it again?

We do it all over again.

And this time, we're gonna win.

These drugs make me weak.

They're to help you rest.

You just get better now, okay, buddy?

You'll get better.

The defendant will please rise.

Madam foreperson, the jury has reached its unanimous verdict.

We have, Your Honor.

What say you?

Commonwealth v. Robert Wakefield. On the charge of assault and battery with

intent to cause serious physical injury, we find the defendant, Robert

Wakefield, not guilty.

Members of the jury, this completes your service. You're dismissed with the

thanks of the court.

The defendant is free to go.

This matter is adjourned.

Thank you.

Thank you, Rebecca.

Thank you so much.

Congratulations.