Original subtitles

Previously on The Practice.

We find the defendant, William Hinks, not guilty.

Lindsay, the man did not kill anybody. Jeannie, he did.

Can I vote?

Since you are treating him, I would just like you to prevail upon him not to

stalk me anymore. I can't promise I'll be effective, but I'll certainly try. I

am issuing a restraining order requiring Mr. Hinks not to contact, follow, or

approach Ms. Dole and Ms. Hatcher and to stay at least 1 ,000 feet from them,

their homes, and their offices.

You told the police that Scott Wallace acted with premeditation? He did. You're

his lawyer, huh? Not on this I'm not. Eleanor and I were witnesses. And

correctly said he snapped.

I don't agree.

Well, if you're wrong, Jimmy, your mistake could cost a man a life

We all think it would be best not to represent Scott Wallace.

Forget it. We should vote, Bobby. All those in favor of me representing him.

All opposed.

The ayes have it.

You're going up first.

You also might be batting clean up.

Okay. I'll basically just be asking you what you saw.

Contrary to popular belief, I do not supply the answers of my witnesses.

This is a little delicate, but you do realize the lawyer who will cross

you will try to leave you in the shape of a pretzel. How long do you figure to

keep me up there?

It should be pretty short.

I'm assuming you have no conflict and you'll continue to give a truthful

account. Of course I have a conflict.

My boss is opposing counsel.

I'll be testifying against a former client.

In my life, I'll probably never know a bigger professional conflict.

But you're prepared to tell the truth.

That's why I'm here.

Okay.

And once again, you might know Bobby Donald.

You might be friends with him. But being cross -examined by him is a different

experience when you might not be. Richard, I can handle Bobby.

Bobby. Forget it. It's too late now anyway. We start tomorrow.

Let me do it, then. Eugene, the only reason the judge signed off on the

is because of the unique trust that Scott shares with me.

This firm. No, me.

This could splinter us. Jimmy, Eleanor. We've been through it.

Well, for Scott Wallace's sake, then.

You've been erratic.

I'm your friend, Bobby. I'm your partner. Trust me when I tell you,

emotional shape to be trying this case.

I am trying this case.

End of discussion, Eugene.

You know how hard it is to be in debt.

Now see how easy it is to find a way out.

The decision to even allow Bobby Donald to represent Scott Wallace in this case

has drawn considerable fire from judges, prosecutors, and defense lawyers alike.

There's insanity here. It comes from Mr. Donald and Judge Michelson. The idea

that a lawyer acts as defense counsel where two lawyers from his own firm are

primary witnesses, it's ludicrous.

Did Beck call?

Yeah.

She just left the clerk.

You're on time.

Well, Seth?

What? We shouldn't go over together because we're on opposite sides?

Jimmy, you've got to promise.

No hard feelings.

How many times are you going to say that?

Well, I will have to go after you. I understand that, Bobby. And I'll get

I'll embarrass you.

Do you understand that? What's this, one of your intimidation tricks?

I'm not trying to intimidate. I just don't want this trial to jeopardize our

friendship. Bobby, if you gave a rat's ass about our friendship, you wouldn't

on this case.

All right.

No. Let's all be honest.

My involvement here is mandatory, just like Eleanor's. We're material

The only one with a choice is you. I didn't choose.

Scott Wallace isn't in a psychological place to trust another attorney. Look at

you guys.

You're already at each other's throats. I'm not at anybody's throat. I'm just

saying, Jimmy, what I do in that room is purely professional.

So please don't take it personally.

Donna Young Dole.

When?

Well, is she okay?

Yeah, I'll let her know. Thank you.

Jeannie Reynolds had a heart attack.

What?

She's in the ER at Mass General.

I'll go with her.

Dr. Hoffman to Medical Records.

Dr. Hoffman to Medical Records.

Lindsay. Is she okay?

I don't know yet.

Lucy Hatcher. This is Jeannie's mother, Marianne. She was supposed to drive me

to the airport this morning, and she didn't show.

I couldn't get her by phone, so I went over to her apartment.

She was just lying on the bed, and she wasn't breathing.

Did they get a pulse?

The paramedics, I think they got something.

Yeah, I don't even know how long she was lying there.

Had she had any heart problems? No.

She's in her 30s, for God's sake. What 30 -year -old has a heart attack?

We were trying one last time to negotiate a settlement.

Mr. Duval was also a friend of Scott Wallace, so we figured it was worth a

Can you describe what transpired at the meeting, Mr. Berluti?

Well, Mr. Duval told Scott he would not rehire him, and Scott began to get

upset. He felt particularly betrayed by Mr. Duval since they were friends.

Scott...

He claimed his life was ruined and that Mr. Duval was the first to abandon him.

Then, suddenly, he's pulled a gun and he looks for a second like he's going to

kill himself.

He even pointed the gun at himself.

And then what happened?

Well, Mr. Duval started to try to talk him out of it. He said suicide wasn't

answer. And Scott, he said something like, you're right. And he turned the

and he pointed it right at Mr. Duval.

Could you describe Mr. Wallace's demeanor at this point?

Well, he was angry.

That was the thing. He wasn't like in despair.

Objection, foundation.

Overruled. Go ahead, sir. He also, he wasn't talking crazy.

He was actually giving these clever little answers.

What do you mean?

Well, when he had the gun on himself, Mr. Duval said... Hearsay?

Overruled. He said, suicide's not the answer.

And Scott...

He said,

how would you know, Harry?

The last time you killed yourself, it didn't work out?

And then, after he shot him, he turned to Eleanor, Fred, and me, all calm.

And he said, bet you're glad I ran out of bullets, huh?

From your observation, was this man acting in conscious control?

Objection, foundation. I'm asking to lay opinion of somebody who was in the

room.

I'll allow it.

When he fired that gun.

and killed Harry Duval.

Did he appear to be in control of himself?

In my lay opinion, this was not a man who snapped.

I think he only pointed the gun at himself to make it seem like he was out

control.

But when he shot Harry Duval, to me, it looked like an ice -cold

execution.

Ms. Reynolds, I'm sorry.

The coronary was just too massive.

Oh, God.

Please, God, no.

She died of... You're sure it was a coronary?

Yes.

You don't have any psychiatric training, do you, Jimmy?

No, I do not.

I said it was in my lay opinion.

What was going through your head when Mr. Wallace first pulled out that gun?

At first, when he put the gun to his head, I thought he was going to kill

himself. Did you try to stop him?

Did I try to stop him? Yes.

Did you do anything?

No, I think I kind of froze.

You froze.

Did you say anything?

I don't really remember if I said anything or not. You don't really

You remember things Mr. Wallace said, but you don't remember what you said.

I don't remember saying anything.

Does that mean you didn't say anything?

Or if you did, you just don't remember?

I didn't say anything.

Why not?

Your own client was apparently about to take his life.

You didn't even try to dissuade him?

I think I was a little in... I was surprised.

You were about to say you were in shock, weren't you? I wasn't in shock.

I was caught by surprise.

Why didn't you do anything, Jimmy? You could have said something.

You could have tried to restrain Mr. Wallace.

You could have left the room. Instead, you did nothing.

The man had a gun.

I wasn't going to rush him.

Why? Were you in fear for your own life?

A little, sure.

So you were in fear when all this happened?

Yes. Ever been shot yourself, Jimmy?

Yes. Objection. Relevance? I'm attempting to show this witness was in

He had previously been a shooting victim himself when he saw the gun. Now he's

testifying. That objection is sustained. The first one is overruled. Where were

you shot, Jimmy?

My midsection.

You almost died, didn't you?

Yes. In fact, you still have nightmares over being shot, don't you?

Yes. Ever sought therapy for that?

No. Ever talk about your nightmares with family or close friends?

No. You get shot. You almost die.

You have reoccurring dreams.

You don't talk about it with anybody?

No. Why not?

There's no need to.

It's something I can deal with myself.

It's something you can deal with yourself.

And if somebody were to pull out a gun in front of you today, you don't think

your powers of observation would be at all compromised by your own personal

history? No, I do not. When somebody goes to kill themselves or somebody

it's your normal, clear -headed reaction to neither do anything nor say

anything? It's how I reacted in this situation.

Yes. Tell me, Jimmy, since all this happened, do you have nightmares

maybe if you had done something or said something, Harry Duvall might still be

alive? Have you been haunted at all by that, Jimmy?

No. Gee, don't let another man be killed.

Objection. You were in shock, weren't you, Jimmy?

No, I was not. No?

And it really doesn't bother you that you didn't do anything?

Objection. Withdrawn.

Nothing further.

It was not a heart attack.

Lindsay. I don't care what the doctor said. A woman in her 30s doesn't just

suddenly turn up dead. It was William Hanks.

I know it. What, he's scared her into having a coronary? Did you check for

toxins? If she was poisoned, at least order an autopsy. The mother is

that. Without some evidence of foul play... Michael, she was treating a

killer. This wouldn't fit his pattern. I know, but don't you think it's a bit of

a coincidence? I know he did it.

He killed her.

I'll tell you what.

We'll dust her apartment, search it as if it were a crime scene.

What about the autopsy?

You'll have to get the family to agree to that.

I completely disagree with Mr. Berluti's account.

How so?

Well, from my observation, Scott Wallace was extremely erratic. Though I am no

psychologist, I believe he was going to take his own life, and then he suddenly

turned the gun on Mr. Duvall.

Could you describe his behavior physically?

Yes, he was trembling, shaking, his eyes were closed when he had the gun up to

his own head, and then he started to rock up and down slightly on the balls

his feet.

And what did you do at this point?

Well, I tried to stop him, reason with him, but he just screamed at me and told

me to shut up. I mean, he screamed it at me like he was some kind of a madman.

And when he turned the gun on Mr. Duvall?

His eyes had this blank, foreign look.

I think mentally he was gone at that point.

Eleanor, what about Jimmy Berluti's behavior?

That seemed very odd as well.

How so?

He just sat there.

When Scott pulled out the gun, we all jumped up, except for Jimmy. He just sat

there, frozen like he was catatonic.

I think he went into shock.

Erratic, madman, catatonic, shock, a lot of clinical buzzwords.

I said I was no psychologist.

I testified as to what I saw.

In addition to being a witness, Scott Wallace is also your client.

Former client.

Well, he continues to be a client of your firm. It doesn't compromise the

of my testimony.

Yes or no.

Scott Wallace is a client of your law firm.

Yes. And you personally have been his lawyer.

Yes. And Bobby Donnell is the senior partner of your law firm.

Yes.

An autopsy? This man is ingenious.

I just can't rule out the idea that somehow he's involved.

Wouldn't the doctors have been able to tell that?

Yes, with an autopsy.

On the face of it, there doesn't seem to be any foul play, but I just... The

idea of cutting her up... This man is meticulous.

If she was killed, there isn't likely to be any evidence at her home.

Mrs. Reynolds, even with just the possibility that she was killed...

only one suggesting the possibility she was killed.

An autopsy could be done in a day, maybe two.

I just have a strong feeling.

Certainly you can't expect that restraining order to apply here.

I heard that Dr. Reynolds had a medical emergency. I came down.

I had no way of knowing you'd be present.

Did you kill her?

That hurt my feelings.

Did you kill her?

In that you ask me such a question within earshot of others, I have a cause

action for slander.

Why don't you sue me?

What a delightful idea.

Be tough to enforce that restraining order then, wouldn't it?

With us inextricably embroiled in a lawsuit together.

By the way, I don't poison.

I cut off heads.

That's the man I think killed your daughter.

Please request the autopsy.

How's he doing? Actually, I thought he was pretty great. In control.

He had Jimmy for lunch.

What?

Why Jimmy?

He didn't have me for lunch.

I'm just trying to be optimistic about the case.

I thought he did terrible. He strayed so far off course with me.

He looked desperate.

You could be right.

He didn't have me for lunch.

Let's go.

Back in.

Jimmy's still friends, right?

He didn't touch me.

All that crap about me getting shot and how it affected.

That was stupid, Bobby. You think a jury's gonna fall for that?

It was desperate.

What are you doing here?

Just checking in.

Need anything?

No. Fine.

Come on back.

When he started, when he said I could have my job back, I just felt the blood

rush to... He could pity me after that. The gun was

in your briefcase.

Why did you put a gun in your briefcase that day?

Yeah, well, many reasons.

You walk around with a holster, people look at you funny.

Scott. We need for you to be serious.

Serious is working less well for me.

When you packed the gun in your briefcase, did you plan on killing Harry

No.

No, I planned to kill myself.

Or a stranger.

A stranger? When I first put it in the briefcase, I thought

I'm going to kill somebody.

Probably just somebody I passed on the street.

Why? Why not?

Why?

What happened to me was I lived my whole life like, you know, don't drink and

drive, work hard at school and be good to your parents. I jumped through all

right hoops.

You know, it doesn't matter.

Does it? You know, it's all so arbitrary.

Well, I picked up a gun and I wanted the power.

I thought it'd be, you know, stranger.

I thought maybe I'd right there in the street and boom.

I'd look in his eyes and I'd see that why me look in somebody else's.

So you thought you'd kill a stranger?

I don't know. I thought probably just myself, you know.

And when you pulled the gun out?

Just to kill myself.

Then when he offered my job back.

When he tried to be a hero, I didn't want him to think that.

I didn't want him to strut with the idea that he was a good friend.

And I just felt hot.

And next thing I know, he was recoiling like he'd been shot. And then I realized

he was shot and that I was the one that shot him.

Nobody moved.

I think we were all glad he didn't have his gun up there on the stand.

Did Bay cross?

Tomorrow morning. So Bobby's been okay?

I think he's been perfect.

He's focused.

So what's he doing now?

Oh, he's in there with the shrinks, which I should probably be too.

Okay, Lindsay, you were right.

What? She was injected with liquid nicotine.

It simulated all the conditions of a heart attack.

We searched her apartment, we found two hairs, and we're running the DNA

analysis as we speak.

So she was murdered.

She was murdered.

Yes.

I'm fine, Bobby. Don't keep telling me that. The guy... We've got a guard

outside and they're picking him up. Until they pick him up, the guard goes

you everywhere.

I would like one too.

I mean, the guy's got my address, and he looked at me like he was attracted.

You get a guard, too. Bobby, we gotta get going. Come on.

Everywhere you go.

Morning, Jimmy.

Morning.

Jimmy, you do seem to be taking this personally. He made it personal,

He was defending his client. My personal history has nothing to do with this

case, and you know it. Well, actually, I don't know it.

I think Bobby raised a legitimate question.

I don't want to talk about it, all right? Yes, and you're not wanting to

about it. Go straight to the question.

Your testimony was very powerful, Mr. Wallace.

Glad you liked it. I aim to please.

And of course to shoot.

Yes, I think I was most struck by your anger.

You're a very angry man, aren't you, Mr. Wallace?

You seem to have a firm grasp of the obvious.

Yes. And what's also obvious is you just happened to shoot the person you were

most angry at.

What a coincidence.

Objection overruled.

How'd you get to the meeting that evening, Mr. Wallace?

I drove.

Stop for all the traffic lights on the way over?

I don't remember.

Any accidents or incidents on the way to Mr. Donald's office?

No. You were dressed how?

I wore a suit.

On time for the meeting?

Yes. If the meeting had gone well and Mr. Duvall had given you your job back,

think you would have shot him?

Objection. Speculation.

Sustained. Are you remorseful, sir, for shooting Mr. Duvall?

You know Sarah Duvall, Harry's wife, sitting right over here. You know his

children. You've just sat up here talking about shooting a husband, a

three.

You've talked about killing him with all this righteous indignation.

Look at them, Mr. Wallace, and tell them how powerful it made you feel to be

arbitrary. Should we object?

No. Just explain to them how unfair life has been to you. I am sure they'll

understand.

Maybe you could even give them some advice.

Tell them they'll feel better if they just go out and shoot somebody

I don't feel like talking anymore.

I'm not going to talk.

I'm not going to talk.

You're going to talk.

Oh, I have something to say, Detective, but it'll be to the judge.

When I file a claim for harassment, false imprisonment. Incidentally, will

be the last arrest, or can I expect others? I want to know where you were

nights ago.

I believe I was home alone watching Taxi.

You think that's funny, William?

I find humor is all about knowing your audience.

While the joke could be lost on you, I'm sure Lindsay is about to find herself

in stitches.

You don't think I know you come in to watch?

People always know when they're being watched, Lindsay.

You of all people should know that.

I can't hold him.

What do you mean? I've got no evidence, Lindsay.

The man... DNA didn't check out. It was somebody else's hair.

You already know?

We can't place him at the scene.

There's nothing to hold him with.

Unless he planted somebody else's hair, which is starting to happen now. Maybe

he did, but we have nothing to implicate him.

The other DA gave me some advice here.

So he's walking back out.

He basically told me that I'm next, and out he goes?

What about just under threats? They can't hold him on that?

Put Helen on.

How overt do they have to be?

Well, how long do we wait, Helen, until Lindsay... Don't tell me to calm down

and don't tell me there's nothing you can do.

Go out and plant some evidence if you have to. You're the police. Bobby.

Lucy, call Alan Neal. Get him in my office this afternoon. Tell him it's an

emergency. What happened?

They released Hinks.

No evidence.

Wait, wait, wait.

Are you okay to go in there?

I can do direct on Murphy. I can do it.

Okay, then take a breath. Take a breath.

You can't just judge his sanity by the single act of the crime.

You need to consider his whole psychiatric database.

What does that mean?

Basically, his prior mental history.

He'd been experiencing deep clinical depression. He'd been exhibiting

of psychosis, seeing spots, sleeplessness, paranoia. And when he

gun? In my opinion, that was the culminating psychotic act.

He'd lost his ability to be responsible for his actions.

Are you saying if a person is depressed or he sees spots, that's a precursor

that he could become homicidal? Of course not.

I'm saying in this case, it was a precursor. Well, with all this

you ever recommend he be committed?

No, but I wish I had.

You wish you had.

Mr. Wallace had the presence of mind to select his victim when he shot Mr.

Duvall instead of his lawyers, didn't he, Doctor?

Well, that doesn't mean it wasn't a psychotic act. Oh, no one's denying the

psychosis here, Doctor.

The question is whether Mr.

Wallace could appreciate the nature of his act.

He selected the victim who angered him. He knew to stop shooting when he ran out

of bullets. Are you making up your own test now, Mr. Bay, for legal? You

certainly felt free to make up yours.

Objection. Sustained.

The fact that he was able to demonstrate victim selection is proof to me he knew

exactly what he was doing.

Even if his acts were irrational, Doctor?

Every murder is irrational.

And this man exhibited enough rational thought to plan this.

He brought a gun to the meeting.

It's premeditation and preparation.

The psychiatric testimony was pretty much a wash.

The good thing.

In Massachusetts, the burden is on the prosecution to show you were sane. We

don't have to prove you weren't. You make it all sound so optimistic.

I could almost lose sight of the fact that insanity defenses are successful in

less than a quarter of one percent of all criminal cases.

Scott, I have to tell you, with your attitude, our chances are worse than

Well, if I get convicted here, Rebecca.

I go back to a society where there are even bigger pariahs than me.

If you're even remotely looking forward to that society, you're every bit as

insane as we're cracking you up to be.

Where's Bobby?

He's working on his closing.

I'm impressed.

Business must be good.

Yeah, we get by.

And I hear you're married now.

Yeah.

Which is the reason I called.

You want me to kill her?

No, I do not want you to kill her, Alan.

She's being threatened and her life could very well be in danger.

From who?

His name is William Hinks. He's a serial psycho head chopper which he

successfully got acquitted.

Now he's obsessed or something with Lindsay.

50 ,000 cash up front. I'm not hiring it.

I just want you to scare him.

Scare him? The police have tried. The DAs have tried. The problem is he knows

there's only so much they can do. I want him to hear it from somebody he thinks

might actually hurt him.

You're really worried, huh?

We're talking about my wife, Alan.

I mean, this guy is sick.

We think he just killed his therapist.

You remember I said this day would come?

Sorry. You know, when I was looking at double consecutives and you got me off.

I said someday you're going to need me just like I needed you.

I also said I'd deliver.

Remember that?

Put the fear of God in him, Alan.

You got an address?

Bobby, I'm sorry.

I'll be right out.

Yeah.

Pregnant even.

I'll take care of it, Mom.

This man had been diagnosed long before this shooting.

He was suffering from twin positional emotional traumas, his wife's death and

being accused of it.

He had been on the edge of a psychotic break for which he was hospitalized.

This is in the case of lawyers and doctors finding a disorder after the

Scott Wallace's mental condition was preexisting and diagnosed months before.

He had been...

On the edge.

Karen's death, the arrest, the conviction, prison, the appeal,

the second trial. He had been living all that while suffering clinical

depression. And he finally lost it that night with Harry Duvall.

Just like Dr.

Murphy told us he would.

You heard seven different experts.

Psychologists, forensic psychiatrists, they all told you to a medical certainty

that Scott Wallace had a psychotic breakdown.

But you don't have to get weighed down by all the medical jargon and the

science. The test of legal insanity, it really comes down to this.

Was Scott Wallace able?

Was he able to conform his conduct to the requirements of the law?

And to answer that question, you only need to ask yourselves this.

even if the Boston police had been right there in the room with him that night,

would he have still shot Harry Duvall?

And we all know the answer to that question.

It's yes.

He didn't just pull out a gun and start firing.

He shot the man who wronged him after planning it, after packing a gun in a

briefcase to conceal it.

This was a reflective choice.

For every psychiatrist they put up there to declare him insane, we put up two to

say he wasn't. This is a man, when he gets angry, he acts on that anger.

That's why he was charged with his wife's murder, for which he was

first. That's why even his close friend, Harry Duvall, knew him to be a

murderer. And that's why his own lawyer, his own lawyer.

who was in the room at the time, who saw it. He knew it to be a cold -blooded

act of execution.

And he told you that.

Jimmy Berluti was a previous gunshot victim himself.

He froze when Scott Wallace pulled out that gun. His powers of observation were

paralyzed. He didn't even do anything to try to stop either the suicide or the

homicide.

The other eyewitness, Eleanor Frutt, she told you.

Scott... Wallace snapped.

He pulled that gun out to kill himself.

And then he went blank.

And Scott himself testified. The next thing, shots were being fired. Harry

Duvall was being hit.

Scott Wallace was mentally gone.

And I would submit every murderer has to be a little mentally gone to commit a

homicide. That doesn't mean we excuse it.

Scott Wallace was fed up.

He'd had enough.

And now...

It was time to get even.

Revenge may be motive, but it's no defense.

Can they prove he was sane beyond a reasonable doubt?

No.

They don't prove sanity beyond a reasonable doubt.

Intent, preparation, victim selection.

he snapped he chose he was insane he was angry not guilty guilty

could he appreciate the wrongfulness of his conduct that's the question could he

appreciate the wrongfulness of his conduct that's the question

No witnesses to place him near the house.

What about... You said that hair could have been planted.

Well, a lot of criminals are taking advantage of DNA evidence now by leaving

strand of somebody else's hair or a drop of somebody else's blood.

Hinks is certainly smart enough.

He is a suspect. Yes, he is. Lindsay, we're on it.

Can you just follow him wherever he goes?

No, we really can't do that.

Truthfully, I think it was a mistake for me to try to scare him.

Some of these psychos, you antagonize them, they just get worse.

College Football Saturday, presented by Kyocera, returns August 24th to Fox

Sportsnet.

William Hinks?

Tried a great case, Bobby.

Thanks.

I know I could have been more help.

Should have flapped my arms or something.

Don't you care, Scott?

Scott?

When I let myself care, that's when I get hurt.

You know, it's just... Boo!

Kidding.

I started to go crazy because, you know, they were calling me a murderer.

They said I killed my wife, and look what happened.

I became one.

I shot Harry Duvall and turned into exactly what they were calling me.

You're not a murderer, Scott.

Well,

you're a good man, Bobby, but that's no guarantee.

Mr. Wallace, would you please rise?

Mr. Wallace?

Mr. Foreman, has the jury reached a verdict?

Yes, Your Honor.

What say you?

Commonwealth v. Scott Wallace on the charge of murder in the first degree.

We find the defendant, Scott Wallace, not guilty.

by reason of mental disease or defect.

The Commonwealth moves the defendant be committed to a psychiatric facility.

The court orders that the defendant be hospitalized for a period of 60 days for

observation at Bridgewater.

We'll consider further petitions after that.

Court is adjourned.

What's going on? It's for observation and treatment. It's temporary. And

You need it.

Will I get out?

Probably in 60 days.

Scott, you need help.

Treatment is a good thing here.

Okay. Okay, Bobby.

Bobby, I didn't know what to say the last time.

Now.

It's okay.

Lindsay's fine.

What?

What?

Michael, call me inside.

Michael, you don't want to go in there. I'm going in. Bobby, I'm coming in.

Lindsay, stay with Helen.

Where's his head?

You have any suspects?

Not yet.