Original subtitles

Previously on The Practice.

What to expect when you're expecting.

Somebody hears pregos. Did you order that book?

Me? No.

That little witch tricked us.

Either that or somebody else is pregnant.

How did that book get here?

I ordered it.

I want to keep it a secret until I'm sure everything's fine.

Who's the father?

I'm gonna be a single parent.

I got a lewd and lascivious schedule for trial this morning, but Judge Hilla,

she's ordered me to get to a council. Why?

Uh, something about how I've never won a trial. Bobby, it's bad for us to even

be associated with Harlan Bassett. He's a nice guy. Yeah, and the world's worst

attorney. I do not want to be in court with that man.

I was blessed with a large penis.

What was that?

I'm huge, Judge.

Where the hell is this going? I would like the jury to have a viewing. You're

asking me to let your client drop his pants in court.

The intent would only be to present exculpatory evidence.

Okay, we face one last motion to dismiss by the defense.

Assuming we get by that, the trial will start tomorrow.

This may not even go to trial. This is a very uphill battle.

We're prosecuting one man for murder that another man committed in a foreign

country. But the other man was his brother.

I understand, but we've only gotten so much cooperation from Pakistani

authorities, and...

I've received no help whatsoever from our own federal government, which

I back off this altogether, and quite frankly, our case is weak.

So what you're saying is you think he's going to get away with it? I'm going to

fight for this one. You have my word.

But things got a little tougher this week.

The defendant switched lawyers, and his new lawyer is very tough.

I'm not recommending a plea. I'm just saying it's an option.

Why would I ever agree to a plea?

I'm saying conspiracy, not... I had nothing to do with it. You can't condemn

man for the actions of his brother. The jury could very well think you were

involved since it was your own brother.

Well, that's wrong.

I didn't do it. They have no evidence. Give me one single reason why I should

even consider a plea.

I'll give you three.

You're Pakistani, the victim was American, and this is Boston.

If we win the motion, it's over. We'll be back before noon. If we lose, trial

starts immediately.

What do you think?

The law's on our side. We just got transferred to Kittleson, so I'm

Hello.

Good morning.

Eleanor?

She got a date?

What's going on?

I didn't want to say anything until... But now, there's really no reason not

I'm pregnant.

Very funny.

I am. She is. I didn't want to jinx it before the amnio results came back, so

everything's fine.

I'm four months, and I'm going to have a baby girl.

Who's the father?

Actually, I'm keeping that confidential. He's basically just a sperm donor, and

I'm going to be a single mom.

Fantastic. Yeah, Eleanor.

Fabulous.

You gonna be a mom?

Yeah.

Okay, so it's not everybody, you know, well up.

Um, Harlan Bassett to see Eugene Young. Is he available?

Um... Eugene.

Harlan.

Remember me?

She's my niece, so naturally I have a vested interest.

Besides her being innocent.

Is it a burglary? No, no, no. Just a shoplifting.

It's a false ID, Eugene. I swear to you, this security guard has it all wrong,

Emma. Hold on.

Harlan, are you being ordered by the court again to have co -counsel present?

No. Then why?

It's a shoplifting. But it's also my niece.

And I've hit an unlucky patch since the last time we...

We're at trial together.

My malpractice carrier has ordered me to advise all my clients that I have never

won a jury trial.

You still never won.

I've won some bench trials, but with a jury, I need to get one under my belt,

Eugene, and not just because I love my niece, but also it's tough to recruit

business with this mandate from the carrier.

It's a two -day trial, tops.

I know I'm asking a lot.

I need to get a W.

He already arranged for his brother to have her killed when she arrived. Are

serious? I take it you've tried extraditing the brother.

To no avail.

Approach.

This seems a bit much.

Why are you doing this?

Your Honor, look out there.

That's her family.

How can I not do it?

I can't say I'm overwhelmed by the merits.

But there's enough to go forward.

There's nothing to go forward. Defendant's motion to dismiss denied.

Bring in the jury.

I don't think it was mistaken identity, counsel.

Your client is slightly distinguishable. How so? She's the size of a cottage. No

offense. Offense taken.

Is that how you picked her out? Her size?

No, her face as well.

In fact, I first ID'd her face from a picture where you couldn't even see her

girth. A picture?

You picked out a mugshot before the lineup? She didn't have a mugshot. This

her very first arrest.

The DA showed me just a regular picture. It wasn't a mugshot.

You saw this photo before the lineup?

Look, counsel, she's the one I saw lift the merchandise.

You think you can shake him?

I'm hoping it won't even come to that.

What do you mean?

I think we should bring a motion to dismiss on the basis that the I .D. was

tainted.

Good idea.

Yes. I thought you'd like it.

On September 14th, I examined a body that had arrived from Pakistan.

Did you make an identification of this body?

Yes. Through dental records, I established that the body belonged to

McGrath.

Is this how Julie McGrath's body arrived from Pakistan?

That's correct.

What did your examination reveal?

There was carbon monoxide in her blood and soot in her lungs.

Also, tests revealed gasoline residue all over her tissue.

Please, doctor, in layman's terms.

She was soaked with gasoline, set on fire, and then burned to death.

She was burned alive?

Yes.

Nothing further.

Mr. Donald?

No questions, Your Honor.

Ms. Gamble?

Commonwealth calls Detective Michael McGuire.

We received cooperation from the Lahore Police Department in Pakistan, and they

provided us with the details of their investigation.

Detective, what did the Pakistani investigation reveal?

That it was a homicide committed by Javed Sharif, brother of the defendant.

Was he arrested?

Yes, he was.

Did he make any statements?

He did.

He confessed to the killing, said it was done to protect his brother's honor.

How did setting Julie McGrath on fire protect the defendant's honor?

Ms. McGrath had evidently engaged in an extramarital affair.

Adultery is considered a serious breach of a man's honor in Pakistan.

In his confession, Mr. Sharif said he set Miss McGrath on fire to avenge his

brother's disgrace.

It was an honor killing.

What do you mean, honor killing?

In Pakistan, there's an ancient tribal custom. A man's honor is linked to his

possessions.

Gold, land, women.

Detective, was Javed Sharif ever prosecuted for this murder?

No, he was not.

Why is that?

According to the Pakistani government, the defendant invoked kithaf.

What does that mean?

Kithaf is evidently an Islamic doctrine, which is actually law in Pakistan. It

allows the heirs of a murder victim to pardon the murderer.

Mr. Sharif here is the heir, and in fact, pardoned his brother.

So, the defendant pardoned the man who set his wife on fire.

That's correct.

Thank you, Detective.

Under Pakistani law, Detective, what would have happened to my client's

had he not been pardoned? He would have faced death by hanging.

So the only way for my client to spare the life of his brother would be to

pardon him altogether?

Yes. And, Detective, is there any evidence of my client directing his

commit this crime?

Not to my knowledge. Is there any evidence that my client knew this crime

going to happen?

Not to my knowledge.

Thank you.

You want to do the talking?

I think it would be nice.

Because if you win this motion, I'll still be denied my jury win.

All rise.

Oh, no.

What's she doing here?

Mr. Young, chambers.

I can't tell him not to talk. It's his case.

I don't care.

After what he did the last time, he is an embarrassment.

It's his niece.

I don't think he'll... He introduced a penis as evidence after he had it

altered. Your Honor, I will do my best to contain him. And I think he fully

appreciates your wrath over what happened the last time. And it should be

quick... Trial.

Well, I will hold you responsible for any antics, counsel.

You're unnoticed.

We'd been seeing each other for about three months.

Then what happened?

She broke it off. She wanted to work things out with her husband.

This man?

Yes, that's her husband.

Did you ever have any encounters with this man?

Yes, when he learned of the affair, he basically accosted me.

How did he accost you, sir?

I was leaving work.

He approached me in the parking lot and threatened me.

Could you describe the threat?

It's pretty vague. He just said, stay away from my wife.

In what I perceived to be a threatening tone.

Did he say anything else?

Yes.

He said in his country, people were killed for committing adultery.

I take it when he said this, he was very upset.

Yes. He had just found out that you'd been sleeping with his wife for three

months.

That's correct. This was an angry husband blowing off steam, wasn't it,

Miller? Well, did you report him to the police?

No. So you didn't perceive that remark to be a threat on either your life or

life of Julie McGrath, did you?

Not at the time, no.

So, I don't want to be personal, but, um, is this artificial insemination,

The old -fashioned way.

You know, Lucy, despite our deepening friendship, I'm going to choose not to

answer that.

Aren't you a little scared, Eleanor, raising a kid alone?

You think it's right?

Do I think it's right?

Oh, I mean the right thing with you working and all.

You think it's right for you.

Well, obviously it is something that I've put a lot of thought into.

Great.

That's all I was asking.

You know, I didn't get the feeling that you were asking anything, Jimmy.

It sounded to me more like you were commenting.

I'm sorry if you got that impression.

Right.

Let's not let our hormones get bad.

It hurts, okay?

When you announced that you were pregnant, everybody practically jumped

table. But with me... Well, it is a little more unexpected with you.

They'll celebrate it, just... Give them time?

You know...

I expected to raise a few eyebrows with the people that I... I

guess I consider the people here to be

like family.

And I didn't think that I was going to have to give you all time to get over

Why not just be flush with happiness?

If for no other reason than because I am.

Eleanor, you just sprang the news this morning.

The happiness is there.

Trust me.

What I am saying is the reason the eyewitness picked my client out of a

is because he was shown a picture of her by the district attorney.

The witness was identifying the woman he saw in the store, not the picture. We

can't know that. The witness maybe can't know it. He saw a familiar face. He

may... Eugene. It was improper, Susan. You can't... All right.

This was witness bolstering, Your Honor.

First of all, this wasn't a mugshot. My client has no record. There is no

mugshot. The district attorney took this picture out of my client's purse.

I certainly did not. Then how'd you get it?

The witness picked it up off the department store floor. It fell out of

purse when she was running away.

The motion to dismiss is denied.

Let's proceed with the trial.

Perhaps you should have filled me in on how they got the picture.

I didn't know.

Get your niece in here, Holland.

We're going to trial.

Look at the bright side, Eugene.

I can still get my jury victory now.

Yes.

I'm trying to contain my delight on that.

I was always close with my sister.

We were only a year apart.

We were, in many ways, best friends as well as siblings.

Did your sister confide in you that she was committing adultery?

Yes. It was I who convinced her to be honest and tell Imad.

I certainly regret doing that today.

Why is that, sir?

Because he had her killed.

Objection. Sustained.

Mr. McGrath, did your sister ever talk about her trip to Pakistan?

Yes, she did.

Could you tell us... Objection, hearsay.

State of mind?

I'll allow it.

Could you tell us what she said?

That it was Imad's idea as a way of reconnecting.

He thought it would be good to go back home, which she thought was a little

bizarre. Why is that?

Well... He'd always told her, and me too for that matter, that he didn't enjoy

going home.

He wasn't particularly close to his family.

Then suddenly she's going there without him. Without him?

Out of nowhere he has this project he needs to finish.

So he sends her over and says he'll join her in a few days.

She never suspected he was sending her to be executed.

Objection! Sustained. Well, he stayed here as an alibi.

Objection! Sustained, Ms. Gamble. Control your witness.

Mr. McGrath.

After you learned of your sister's death, what happened?

Nothing happened.

The brother confessed, said it was an honor killing, and then nothing

Because that son of a bitch... Objection! He made sure of it. He didn't

over there. I will have you removed, sir.

Mr. McGrath, please, you need to calm down.

He didn't even go over there.

My sister was burned alive.

Nobody did anything. That's the answer to your question, Ms. Gamble.

The Pakistan police did nothing.

Our government refuses to get involved.

And nobody did anything.

A beautiful woman was murdered.

And nobody did anything.

My feeling is they have made their case, but I am concerned.

Their last witness was extremely emotional.

My gut says puts you up there.

Beck? I think there's no question.

The evidence may be thin, but they do have phone records if you're calling

brother. Yes, because I was about to visit.

People call before... I'm just saying it doesn't look good.

It's going to be hard for the jury to believe your brother risked burning your

wife. Without some assurance of a pardon, particularly when the punishment

death by hanging.

Do you think I'm guilty, Miss Washington?

You pardoned the man that murdered your wife.

Could you kill your sibling?

All right, look.

In your testimony, I don't know if it'll be enough to simply denounce the

murder. You have to condemn the idea of these honor killings.

And it probably wouldn't hurt to distance yourself from your homeland

altogether. I'm an American, Mr. Donald, but I'm also proud to be Pakistani. I

certainly won't denounce my native country. I'm just saying it wouldn't

I looked over and I saw her. She was stuffing software into her purse.

You saw this woman?

Yes, ma 'am. And what happened next, sir?

I started to approach her.

She saw me coming. She appeared to know I was suspicious.

All of a sudden, she just took off. She took flight? Immediately.

And you couldn't catch her?

Well, I inadvertently collided with another customer, and as a result, she

eluded capture.

Mr. Reddington, are you absolutely sure this is the woman you saw stuffing

software into her purse?

Absolutely. She's even wearing the same yellow dress.

She couldn't have come to court in a different outfit?

Mr. Young?

Yes, Your Honor.

You're wrong.

Actually, my colleague, Mr. Bassett, will be conducting cross.

How nice.

Mr. Reddington, are you certain this is the woman you saw?

Yes, I am. Emma Luger, the very woman you picked out of a lineup?

Correct. This is that woman you're absolutely sure? Yes.

Positive. Objection asked and answered.

Sustained. Nothing further.

The witness may step down.

Nothing further? It went well. Went well? You just got the witness to

the ID three more times. We represent the defendant. I realize that.

Mr. Browsett, something to share with the court?

Yes, Your Honor. At this time, I would ask that the real Emma Lugar please

up.

That's the woman charged with the crime, Your Honor. The witness identified this

woman here, whose name is Marjorie Hooley.

I will see counsel in chambers.

And justice demanded it.

Justice demanded you commit a fraud on the court. The lineup was tainted as

Luger's attorney. Both of you are in contempt.

I didn't know.

I told you I would hold you accountable. You're in contempt.

You have to declare a mistrial.

Double jeopardy has been attached, Miss Alexander. She could walk with a

mistrial. I would suggest you declare a mistrial on shoplifting. Hold the

defendant in contempt of court as well as counsel and slap her hard. That's

completely unethical. Oh, you're going to raise ethics.

The defendant followed the advice of her attorney. You can't imprison her for

sitting in the back of a courtroom. I think we should just finish the trial

all learn from our mistakes.

This is what will happen.

We will put both of those women at your table.

Then allow the witness to make another ID. I will instruct the jury to

the first one.

That will be tantamount to steering the witness, Your Honor. Mr. Bassett, the

court is not interested in anything you have to say.

Get those women at your table. We will reconvene after lunch.

The contract looks fine, as between you and the biological father.

But? Well, you don't have any authority to waive the child's rights.

If she wants to sue for financial support down the road, you can't really

contract against it.

You didn't think of that?

You got something to say, Jimmy? No. What the hell did that mean, Al? He made

remark, Lindsay, and I'm going to address him on that.

What's your problem, Jimmy?

Okay.

My problem is this single mother thing.

More times than not, I think it's a selfish thing to do.

Is that right?

Yes.

You're getting a child.

Good for you.

As for the baby, she's getting a life with no father.

It's tough enough growing up these days with... I'm just saying I don't think

it's any coincidence when you drew up that contract there, you didn't once

consider it from the child's side.

We'll consider this, Jimmy.

Go to hell.

which I know you believe in given the origins of most of your belief.

Fine. Insult me as a Catholic. All right, the discussion isn't necessary.

am insulting you as a friend, somebody who I happen to love and somebody who I

expect to be there for me.

You know what?

Forget it.

I was horrified as everybody else.

You didn't know what he planned to do.

Set my wife on fire?

Of course not.

How did he find out about your wife's affair?

I told him. I was very hurt about it, so I shared my... What was his reaction?

He was angry, but he certainly gave me no indication that he planned to take

life. These honor killings, are they sanctioned by Islamic law?

No. Nor are they by Pakistani law. It's simply a custom, an ancient one which is

hardly ever practiced.

The question becomes your brother.

Did you know that he believed in honor killings? No.

It was nothing we ever talked about. He's an educated man.

He burned your wife.

Yes.

And you pardoned him.

As much as I hate him for what he did, as much as I, I will never be able to

forgive him.

I couldn't sign his death warrant.

Your brother decides to redeem you by burning your spouse alive.

He doesn't check with you first to say, hey, do you mind?

He knew I would have stopped him. Did he know you'd pardon him?

No. He commits murder in front of a lot of witnesses with no assurance that

you'd... That's right.

Where is he now, Mr. Sharif? He's in Pakistan.

So he'll burn a woman to preserve your honor, but he can't get on a plane and

come testify on your behalf?

If he came to this country, he'd be jailed for life.

So he's letting you take the fall.

He kills the wife, you take the rap.

Getting convicted of murder, that's not a dishonor to you?

In your country, it's not a disgrace to be a convicted murderer?

Objection. Overruled. How about simply committing murder?

Any dishonor in that?

Your brother's even a hero over there, isn't he? Objection. What's the

relevance? The relevance is this is win -win.

One brother gets rid of a wife while the other one gets to enjoy a hero status.

Objection. Move to strike. Is your brother a hero?

The objection is sustained.

Mr. Sharif, is it your testimony that knowing Pakistani culture...

It wasn't at all foreseeable that your brother might attempt to kill your wife.

Murder is not part of Pakistani culture, Miss Gamble. Wait a second. We're here

today because a man's honor has been placed above a woman's life.

It's an ancient custom. It doesn't reflect today's practice.

Mr. Sharif, are little girls used to settle disputes in Pakistan?

Again, you're talking about an archaic custom.

Practiced by the same people that commit these honor killings. Objection. This

is so far off track.

Sustained. Keep it about the case, Miss Gamble. This is about the case, Your

Honor. He knew where he was sending his wife, and he knew what would happen to

her. Objection.

Sustained. Mr.

Sharif, did you call your brother from the airport the day your wife flew out?

Yes, but I was... And you called him again the same day your wife was set on

fire, didn't you? With respect to my trip.

I have nothing further.

I didn't really think it was an illegal thing to do. Then why didn't you tell me

you planned to do it? Well, I knew it was dicey, and I didn't want to get your

hands dirty. You didn't want me to get my hands dirty? My hands are all over

this, Harlan. Eugene. I'm here as a favor to you. You walk into my office,

for my help, and this is what you do?

Now, you may not care about your reputation, but I damn well care about

And sitting at the same table with you hurts my reputation. Can you understand

that? You did that to me in there.

That wasn't my intent.

See this briefcase, Eugene?

It's my office.

I got evicted from.

Hard to make a rent when you can't get a client.

And you think acting like a buffoon will get you clients? I think if I can get

one victory, and I can stop having to advise potential clients that I've

never... It was worth risking contempt.

When this case is over, don't you ever, ever

come to see me again.

You got that?

Got it.

Did I miss something?

Did you?

The Commonwealth put in no evidence of any conversation between my client and

his brother concerning the death of Julie McGrath.

No evidence of any planning, any aid, no evidence whatsoever that my client knew

it was going to happen.

The prosecution's entire case is, gee, they were brothers he must have known.

That's it.

Ahmad Sharif is on trial here only out of frustration.

They can't get the real killer.

A sympathetic family sits over there wanting justice.

A frustrated district attorney wants somebody to pay, so it's let's nail the

brother.

You know, usually I find myself standing up here asking juries to analyze the

evidence.

Find not guilty beyond reasonable doubt.

Here, there is no evidence.

None.

You want evidence?

A wife cheats on her husband.

Suddenly, he plans a trip to Pakistan.

He sends her off alone.

His brother killed her while he sits comfortably in the United States with an

alibi.

Then... Pursuant to Pakistani law, he grants a pardon.

And his brother completely gets away with it.

Yes.

It's a little frustrating.

The murderer falls back on Pakistani law where this tribal Kisa thing can get

him off.

While the conspiring husband relies on American courts.

And takes advantage of our higher burdens of proof.

This man comes from a society that treats women as commodities.

A nation that burns bad wives.

In America, we don't do that.

We don't condone honor killings.

We don't consider any murder to be honorable.

You all know what he did.

Come back with a verdict.

which reminds him what country he is in now.

And as I said before, as she saw me coming, she took off.

I continued pursuit, but after colliding with another customer, she got away.

And Mr. Reddington, one more time.

I would ask you to identify for the court the woman you saw in the store

day. She's sitting right there in the blue dress.

Mr. Reddington, I'd like you to look closely.

Are you sure the woman in the blue dress is the one?

Absolutely. Sir, one more time. Objection. That's her in the blue dress.

Are you sure it wasn't me?

I'm directing a verdict of not guilty.

Miss Lugar, you are free to go, as are you, Miss Blue Dress. I don't even know

your name.

Bailiff, take Mr. Bassett into custody.

Mr. Bassett, I sentence you to 15 days in lockup for contempt of court.

to begin immediately.

They won?

Yes, we did.

This counts.

It's a jury trial.

It counts.

The truth is, I do have a problem with the single mother thing.

As an ideal, like I said.

The truth is, I do consider us like family. And family members judge each

all the time.

We're always in each other's business.

I took the liberty of butting into yours because I do care about you, Eleanor.

You're like a sister to me.

And while I may have doubts about what you're doing, there should be no doubt

that I will be there for you every step, whatever you need.

I know that, Jimmy.

And I appreciate that.

I wish you could see what I need right now.

is for you to share in my joy.

Mr. Sharif, please rise.

Has the jury reached a verdict?

We have, Your Honor. What say you?

Commonwealth v.

Ahmad Sharif.

Count one on the charge of accessory before the fact to murder.

We find the defendant, Ahmad Sharif, guilty.

Count two on the charge of conspiracy to commit murder.

We find the defendant, Ahmad Sharif, guilty.

Ask the court enter findings of not guilty on both counts, notwithstanding

verdict. Denied.

Security, take the defendant into custody. We'll schedule sentencing

Members of the jury, thank you for your service.

We are adjourned.

I need a second.

Ex parte, counsel.

Oh, we're suddenly going to exalt the law?

It would be a big mistake for you to come in here and insult me.

Well, this seems to be the day for big mistakes.

There was no basis for that verdict, and you know it. It was totally... You're

going to tell me what I know? Let me tell you what I know.

I've always known you to be a judge who's about the law.

Despite all the wacky stuff you got going on, when you put that robe on,

always been a judge.

A good one. A fair one.

You pride yourself on that. Where the hell was your pride today?

The district attorney delivered one of the most bigoted closings I've ever

And you didn't blink.

The prejudice in this trial has been screaming.

And the loudest scream came in the form of that verdict.

How in God's name can you let it stand?

For the record, counsel, what you call bigotry, the district attorney calls

motive, and she is free to argue that.

Second,

Circumstantial evidence is enough to convict, and this jury found that

to be compelling. It is not my function to substitute my judgment.

And lastly, off the record, any man whose brother burns

women alive, he can't be all good.

Now please leave.

I guess prejudice is cloaked in black robes sometimes, too.

I asked you to leave, and you would be wise to do so now.

Hey, Eugene.

Hey.

You doing okay?

Oh, sure.

I took away my tie and my shoelaces like I'm going to hang myself or something.

Believe that.

On this day, coming off a victory here, right?

It was a victory.

You realize that?

Oh, of course I do.

I want to apologize for humiliating you. I never meant to. I know.

The insurance company has to lift that mandate now.

No more having to warn clients you've never won.

Yeah.

Mr. Stark, when you take the victory, you enjoy it.

Then you build on it.

Oh, I will. I'm just sitting here savoring the moment.

Nobody has to be worrying about me anymore.

Good.

Thank you, Jane.

Sure thing.

Night, Harland.