All language subtitles for The Practice s05e11 An Early Frost
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1
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Previously on The Practice.
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We find the defendant, William Hinks,
not guilty.
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Lindsay, the man did not kill anybody.
Jeannie, he did.
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Can I vote?
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Since you are treating him, I would just
like you to prevail upon him not to
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stalk me anymore. I can't promise I'll
be effective, but I'll certainly try. I
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am issuing a restraining order requiring
Mr. Hinks not to contact, follow, or
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approach Ms. Dole and Ms. Hatcher and to
stay at least 1 ,000 feet from them,
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their homes, and their offices.
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You told the police that Scott Wallace
acted with premeditation? He did. You're
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his lawyer, huh? Not on this I'm not.
Eleanor and I were witnesses. And
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correctly said he snapped.
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I don't agree.
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Well, if you're wrong, Jimmy, your
mistake could cost a man a life
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We all think it would be best not to
represent Scott Wallace.
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Forget it. We should vote, Bobby. All
those in favor of me representing him.
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All opposed.
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The ayes have it.
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You're going up first.
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You also might be batting clean up.
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Okay. I'll basically just be asking you
what you saw.
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Contrary to popular belief, I do not
supply the answers of my witnesses.
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This is a little delicate, but you do
realize the lawyer who will cross
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you will try to leave you in the shape
of a pretzel. How long do you figure to
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keep me up there?
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It should be pretty short.
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I'm assuming you have no conflict and
you'll continue to give a truthful
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account. Of course I have a conflict.
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My boss is opposing counsel.
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I'll be testifying against a former
client.
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In my life, I'll probably never know a
bigger professional conflict.
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But you're prepared to tell the truth.
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That's why I'm here.
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Okay.
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And once again, you might know Bobby
Donald.
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You might be friends with him. But being
cross -examined by him is a different
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experience when you might not be.
Richard, I can handle Bobby.
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Bobby. Forget it. It's too late now
anyway. We start tomorrow.
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Let me do it, then. Eugene, the only
reason the judge signed off on the
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is because of the unique trust that
Scott shares with me.
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This firm. No, me.
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This could splinter us. Jimmy, Eleanor.
We've been through it.
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Well, for Scott Wallace's sake, then.
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You've been erratic.
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I'm your friend, Bobby. I'm your
partner. Trust me when I tell you,
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emotional shape to be trying this case.
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I am trying this case.
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End of discussion, Eugene.
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You know how hard it is to be in debt.
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Now see how easy it is to find a way
out.
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The decision to even allow Bobby Donald
to represent Scott Wallace in this case
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has drawn considerable fire from judges,
prosecutors, and defense lawyers alike.
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There's insanity here. It comes from Mr.
Donald and Judge Michelson. The idea
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that a lawyer acts as defense counsel
where two lawyers from his own firm are
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primary witnesses, it's ludicrous.
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Did Beck call?
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Yeah.
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She just left the clerk.
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You're on time.
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Well, Seth?
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What? We shouldn't go over together
because we're on opposite sides?
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Jimmy, you've got to promise.
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No hard feelings.
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How many times are you going to say
that?
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Well, I will have to go after you. I
understand that, Bobby. And I'll get
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I'll embarrass you.
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Do you understand that? What's this, one
of your intimidation tricks?
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I'm not trying to intimidate. I just
don't want this trial to jeopardize our
69
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friendship. Bobby, if you gave a rat's
ass about our friendship, you wouldn't
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on this case.
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All right.
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No. Let's all be honest.
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My involvement here is mandatory, just
like Eleanor's. We're material
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The only one with a choice is you. I
didn't choose.
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Scott Wallace isn't in a psychological
place to trust another attorney. Look at
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you guys.
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You're already at each other's throats.
I'm not at anybody's throat. I'm just
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saying, Jimmy, what I do in that room is
purely professional.
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So please don't take it personally.
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Donna Young Dole.
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When?
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Well, is she okay?
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Yeah, I'll let her know. Thank you.
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Jeannie Reynolds had a heart attack.
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What?
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She's in the ER at Mass General.
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I'll go with her.
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Dr. Hoffman to Medical Records.
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Dr. Hoffman to Medical Records.
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Lindsay. Is she okay?
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I don't know yet.
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Lucy Hatcher. This is Jeannie's mother,
Marianne. She was supposed to drive me
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to the airport this morning, and she
didn't show.
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I couldn't get her by phone, so I went
over to her apartment.
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She was just lying on the bed, and she
wasn't breathing.
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Did they get a pulse?
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The paramedics, I think they got
something.
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Yeah, I don't even know how long she was
lying there.
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Had she had any heart problems? No.
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She's in her 30s, for God's sake. What
30 -year -old has a heart attack?
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We were trying one last time to
negotiate a settlement.
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Mr. Duval was also a friend of Scott
Wallace, so we figured it was worth a
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Can you describe what transpired at the
meeting, Mr. Berluti?
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Well, Mr. Duval told Scott he would not
rehire him, and Scott began to get
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upset. He felt particularly betrayed by
Mr. Duval since they were friends.
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Scott...
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He claimed his life was ruined and that
Mr. Duval was the first to abandon him.
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Then, suddenly, he's pulled a gun and he
looks for a second like he's going to
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kill himself.
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He even pointed the gun at himself.
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And then what happened?
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Well, Mr. Duval started to try to talk
him out of it. He said suicide wasn't
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answer. And Scott, he said something
like, you're right. And he turned the
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and he pointed it right at Mr. Duval.
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Could you describe Mr. Wallace's
demeanor at this point?
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Well, he was angry.
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That was the thing. He wasn't like in
despair.
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Objection, foundation.
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Overruled. Go ahead, sir. He also, he
wasn't talking crazy.
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He was actually giving these clever
little answers.
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What do you mean?
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Well, when he had the gun on himself,
Mr. Duval said... Hearsay?
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Overruled. He said, suicide's not the
answer.
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And Scott...
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He said,
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how would you know, Harry?
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The last time you killed yourself, it
didn't work out?
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And then, after he shot him, he turned
to Eleanor, Fred, and me, all calm.
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And he said, bet you're glad I ran out
of bullets, huh?
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From your observation, was this man
acting in conscious control?
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Objection, foundation. I'm asking to lay
opinion of somebody who was in the
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room.
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I'll allow it.
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When he fired that gun.
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and killed Harry Duval.
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Did he appear to be in control of
himself?
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In my lay opinion, this was not a man
who snapped.
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I think he only pointed the gun at
himself to make it seem like he was out
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control.
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But when he shot Harry Duval, to me, it
looked like an ice -cold
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execution.
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Ms. Reynolds, I'm sorry.
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The coronary was just too massive.
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Oh, God.
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Please, God, no.
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She died of... You're sure it was a
coronary?
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Yes.
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You don't have any psychiatric training,
do you, Jimmy?
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No, I do not.
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I said it was in my lay opinion.
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What was going through your head when
Mr. Wallace first pulled out that gun?
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At first, when he put the gun to his
head, I thought he was going to kill
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himself. Did you try to stop him?
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Did I try to stop him? Yes.
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Did you do anything?
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No, I think I kind of froze.
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You froze.
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Did you say anything?
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I don't really remember if I said
anything or not. You don't really
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You remember things Mr. Wallace said,
but you don't remember what you said.
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I don't remember saying anything.
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Does that mean you didn't say anything?
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Or if you did, you just don't remember?
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I didn't say anything.
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Why not?
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Your own client was apparently about to
take his life.
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You didn't even try to dissuade him?
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I think I was a little in... I was
surprised.
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You were about to say you were in shock,
weren't you? I wasn't in shock.
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I was caught by surprise.
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Why didn't you do anything, Jimmy? You
could have said something.
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You could have tried to restrain Mr.
Wallace.
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You could have left the room. Instead,
you did nothing.
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The man had a gun.
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I wasn't going to rush him.
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Why? Were you in fear for your own life?
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A little, sure.
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So you were in fear when all this
happened?
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Yes. Ever been shot yourself, Jimmy?
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Yes. Objection. Relevance? I'm
attempting to show this witness was in
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He had previously been a shooting victim
himself when he saw the gun. Now he's
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testifying. That objection is sustained.
The first one is overruled. Where were
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you shot, Jimmy?
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My midsection.
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You almost died, didn't you?
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Yes. In fact, you still have nightmares
over being shot, don't you?
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Yes. Ever sought therapy for that?
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No. Ever talk about your nightmares with
family or close friends?
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No. You get shot. You almost die.
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You have reoccurring dreams.
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You don't talk about it with anybody?
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No. Why not?
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There's no need to.
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It's something I can deal with myself.
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It's something you can deal with
yourself.
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And if somebody were to pull out a gun
in front of you today, you don't think
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your powers of observation would be at
all compromised by your own personal
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history? No, I do not. When somebody
goes to kill themselves or somebody
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it's your normal, clear -headed reaction
to neither do anything nor say
200
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anything? It's how I reacted in this
situation.
201
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Yes. Tell me, Jimmy, since all this
happened, do you have nightmares
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00:12:03,920 --> 00:12:08,360
maybe if you had done something or said
something, Harry Duvall might still be
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00:12:08,360 --> 00:12:11,840
alive? Have you been haunted at all by
that, Jimmy?
204
00:12:12,480 --> 00:12:15,180
No. Gee, don't let another man be
killed.
205
00:12:15,500 --> 00:12:18,080
Objection. You were in shock, weren't
you, Jimmy?
206
00:12:18,320 --> 00:12:20,120
No, I was not. No?
207
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And it really doesn't bother you that
you didn't do anything?
208
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Objection. Withdrawn.
209
00:12:31,040 --> 00:12:32,040
Nothing further.
210
00:12:42,660 --> 00:12:49,000
It was not a heart attack.
211
00:12:49,200 --> 00:12:52,440
Lindsay. I don't care what the doctor
said. A woman in her 30s doesn't just
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00:12:52,440 --> 00:12:54,340
suddenly turn up dead. It was William
Hanks.
213
00:12:54,700 --> 00:12:57,620
I know it. What, he's scared her into
having a coronary? Did you check for
214
00:12:57,620 --> 00:13:01,180
toxins? If she was poisoned, at least
order an autopsy. The mother is
215
00:13:01,180 --> 00:13:04,940
that. Without some evidence of foul
play... Michael, she was treating a
216
00:13:04,940 --> 00:13:07,640
killer. This wouldn't fit his pattern. I
know, but don't you think it's a bit of
217
00:13:07,640 --> 00:13:09,440
a coincidence? I know he did it.
218
00:13:10,900 --> 00:13:11,900
He killed her.
219
00:13:14,500 --> 00:13:15,500
I'll tell you what.
220
00:13:16,060 --> 00:13:18,460
We'll dust her apartment, search it as
if it were a crime scene.
221
00:13:19,140 --> 00:13:20,280
What about the autopsy?
222
00:13:20,660 --> 00:13:22,080
You'll have to get the family to agree
to that.
223
00:13:25,710 --> 00:13:28,470
I completely disagree with Mr. Berluti's
account.
224
00:13:28,710 --> 00:13:29,710
How so?
225
00:13:30,090 --> 00:13:34,930
Well, from my observation, Scott Wallace
was extremely erratic. Though I am no
226
00:13:34,930 --> 00:13:39,410
psychologist, I believe he was going to
take his own life, and then he suddenly
227
00:13:39,410 --> 00:13:40,910
turned the gun on Mr. Duvall.
228
00:13:41,230 --> 00:13:43,710
Could you describe his behavior
physically?
229
00:13:44,110 --> 00:13:49,550
Yes, he was trembling, shaking, his eyes
were closed when he had the gun up to
230
00:13:49,550 --> 00:13:53,570
his own head, and then he started to
rock up and down slightly on the balls
231
00:13:53,570 --> 00:13:54,299
his feet.
232
00:13:54,300 --> 00:13:55,500
And what did you do at this point?
233
00:13:56,080 --> 00:13:59,620
Well, I tried to stop him, reason with
him, but he just screamed at me and told
234
00:13:59,620 --> 00:14:04,000
me to shut up. I mean, he screamed it at
me like he was some kind of a madman.
235
00:14:04,740 --> 00:14:07,020
And when he turned the gun on Mr.
Duvall?
236
00:14:07,240 --> 00:14:10,320
His eyes had this blank, foreign look.
237
00:14:11,500 --> 00:14:15,020
I think mentally he was gone at that
point.
238
00:14:15,400 --> 00:14:18,500
Eleanor, what about Jimmy Berluti's
behavior?
239
00:14:19,020 --> 00:14:20,580
That seemed very odd as well.
240
00:14:20,820 --> 00:14:21,799
How so?
241
00:14:21,800 --> 00:14:22,800
He just sat there.
242
00:14:23,200 --> 00:14:28,440
When Scott pulled out the gun, we all
jumped up, except for Jimmy. He just sat
243
00:14:28,440 --> 00:14:31,340
there, frozen like he was catatonic.
244
00:14:32,820 --> 00:14:34,080
I think he went into shock.
245
00:14:36,020 --> 00:14:40,960
Erratic, madman, catatonic, shock, a lot
of clinical buzzwords.
246
00:14:41,260 --> 00:14:43,020
I said I was no psychologist.
247
00:14:43,660 --> 00:14:45,580
I testified as to what I saw.
248
00:14:45,920 --> 00:14:49,420
In addition to being a witness, Scott
Wallace is also your client.
249
00:14:49,900 --> 00:14:50,900
Former client.
250
00:14:50,980 --> 00:14:55,120
Well, he continues to be a client of
your firm. It doesn't compromise the
251
00:14:55,120 --> 00:14:56,120
of my testimony.
252
00:14:56,420 --> 00:14:57,420
Yes or no.
253
00:14:57,640 --> 00:15:00,140
Scott Wallace is a client of your law
firm.
254
00:15:00,500 --> 00:15:03,700
Yes. And you personally have been his
lawyer.
255
00:15:04,020 --> 00:15:08,480
Yes. And Bobby Donnell is the senior
partner of your law firm.
256
00:15:09,080 --> 00:15:10,080
Yes.
257
00:15:12,360 --> 00:15:15,580
An autopsy? This man is ingenious.
258
00:15:15,800 --> 00:15:18,640
I just can't rule out the idea that
somehow he's involved.
259
00:15:19,290 --> 00:15:21,170
Wouldn't the doctors have been able to
tell that?
260
00:15:21,670 --> 00:15:23,690
Yes, with an autopsy.
261
00:15:25,070 --> 00:15:29,170
On the face of it, there doesn't seem to
be any foul play, but I just... The
262
00:15:29,170 --> 00:15:32,750
idea of cutting her up... This man is
meticulous.
263
00:15:36,650 --> 00:15:41,470
If she was killed, there isn't likely to
be any evidence at her home.
264
00:15:42,210 --> 00:15:44,930
Mrs. Reynolds, even with just the
possibility that she was killed...
265
00:15:44,930 --> 00:15:47,470
only one suggesting the possibility she
was killed.
266
00:15:48,630 --> 00:15:51,670
An autopsy could be done in a day, maybe
two.
267
00:15:55,530 --> 00:15:57,070
I just have a strong feeling.
268
00:16:27,939 --> 00:16:30,740
Certainly you can't expect that
restraining order to apply here.
269
00:16:32,940 --> 00:16:36,560
I heard that Dr. Reynolds had a medical
emergency. I came down.
270
00:16:38,120 --> 00:16:39,980
I had no way of knowing you'd be
present.
271
00:16:42,020 --> 00:16:43,100
Did you kill her?
272
00:16:45,980 --> 00:16:47,260
That hurt my feelings.
273
00:16:48,000 --> 00:16:49,360
Did you kill her?
274
00:16:49,980 --> 00:16:55,100
In that you ask me such a question
within earshot of others, I have a cause
275
00:16:55,100 --> 00:16:56,200
action for slander.
276
00:16:57,100 --> 00:16:58,280
Why don't you sue me?
277
00:16:59,180 --> 00:17:00,440
What a delightful idea.
278
00:17:02,500 --> 00:17:05,520
Be tough to enforce that restraining
order then, wouldn't it?
279
00:17:06,140 --> 00:17:08,900
With us inextricably embroiled in a
lawsuit together.
280
00:17:12,740 --> 00:17:15,359
By the way, I don't poison.
281
00:17:17,300 --> 00:17:18,420
I cut off heads.
282
00:17:30,160 --> 00:17:31,580
That's the man I think killed your
daughter.
283
00:17:34,020 --> 00:17:35,620
Please request the autopsy.
284
00:17:45,400 --> 00:17:48,200
How's he doing? Actually, I thought he
was pretty great. In control.
285
00:17:48,760 --> 00:17:50,080
He had Jimmy for lunch.
286
00:17:50,720 --> 00:17:51,720
What?
287
00:17:52,980 --> 00:17:53,980
Why Jimmy?
288
00:17:54,140 --> 00:17:55,500
He didn't have me for lunch.
289
00:17:55,760 --> 00:17:57,820
I'm just trying to be optimistic about
the case.
290
00:17:58,270 --> 00:18:01,230
I thought he did terrible. He strayed so
far off course with me.
291
00:18:01,910 --> 00:18:02,910
He looked desperate.
292
00:18:03,230 --> 00:18:04,229
You could be right.
293
00:18:04,230 --> 00:18:05,490
He didn't have me for lunch.
294
00:18:06,250 --> 00:18:07,229
Let's go.
295
00:18:07,230 --> 00:18:08,230
Back in.
296
00:18:09,750 --> 00:18:10,850
Jimmy's still friends, right?
297
00:18:11,050 --> 00:18:12,050
He didn't touch me.
298
00:18:12,670 --> 00:18:15,030
All that crap about me getting shot and
how it affected.
299
00:18:15,450 --> 00:18:18,710
That was stupid, Bobby. You think a
jury's gonna fall for that?
300
00:18:19,390 --> 00:18:20,390
It was desperate.
301
00:18:23,830 --> 00:18:24,830
What are you doing here?
302
00:18:25,310 --> 00:18:26,310
Just checking in.
303
00:18:27,210 --> 00:18:28,210
Need anything?
304
00:18:28,250 --> 00:18:29,270
No. Fine.
305
00:18:30,130 --> 00:18:31,130
Come on back.
306
00:18:34,730 --> 00:18:39,610
When he started, when he said I could
have my job back, I just felt the blood
307
00:18:39,610 --> 00:18:46,330
rush to... He could pity me after that.
The gun was
308
00:18:46,330 --> 00:18:47,330
in your briefcase.
309
00:18:48,110 --> 00:18:50,970
Why did you put a gun in your briefcase
that day?
310
00:18:51,250 --> 00:18:52,630
Yeah, well, many reasons.
311
00:18:52,910 --> 00:18:55,170
You walk around with a holster, people
look at you funny.
312
00:18:55,910 --> 00:18:58,330
Scott. We need for you to be serious.
313
00:18:59,510 --> 00:19:01,790
Serious is working less well for me.
314
00:19:05,150 --> 00:19:11,610
When you packed the gun in your
briefcase, did you plan on killing Harry
315
00:19:11,850 --> 00:19:12,850
No.
316
00:19:13,350 --> 00:19:14,850
No, I planned to kill myself.
317
00:19:15,870 --> 00:19:17,250
Or a stranger.
318
00:19:17,550 --> 00:19:24,250
A stranger? When I first put it in the
briefcase, I thought
319
00:19:24,250 --> 00:19:25,850
I'm going to kill somebody.
320
00:19:26,480 --> 00:19:28,460
Probably just somebody I passed on the
street.
321
00:19:28,720 --> 00:19:30,100
Why? Why not?
322
00:19:30,980 --> 00:19:31,980
Why?
323
00:19:32,620 --> 00:19:38,540
What happened to me was I lived my whole
life like, you know, don't drink and
324
00:19:38,540 --> 00:19:43,000
drive, work hard at school and be good
to your parents. I jumped through all
325
00:19:43,000 --> 00:19:44,000
right hoops.
326
00:19:44,260 --> 00:19:46,360
You know, it doesn't matter.
327
00:19:47,700 --> 00:19:50,720
Does it? You know, it's all so
arbitrary.
328
00:19:52,120 --> 00:19:54,300
Well, I picked up a gun and I wanted the
power.
329
00:19:55,630 --> 00:19:57,670
I thought it'd be, you know, stranger.
330
00:19:58,770 --> 00:20:03,370
I thought maybe I'd right there in the
street and boom.
331
00:20:04,510 --> 00:20:09,350
I'd look in his eyes and I'd see that
why me look in somebody else's.
332
00:20:09,930 --> 00:20:12,190
So you thought you'd kill a stranger?
333
00:20:12,890 --> 00:20:16,450
I don't know. I thought probably just
myself, you know.
334
00:20:16,870 --> 00:20:18,290
And when you pulled the gun out?
335
00:20:18,930 --> 00:20:19,950
Just to kill myself.
336
00:20:20,850 --> 00:20:23,110
Then when he offered my job back.
337
00:20:23,660 --> 00:20:27,240
When he tried to be a hero, I didn't
want him to think that.
338
00:20:27,760 --> 00:20:31,880
I didn't want him to strut with the idea
that he was a good friend.
339
00:20:32,900 --> 00:20:34,900
And I just felt hot.
340
00:20:35,220 --> 00:20:42,000
And next thing I know, he was recoiling
like he'd been shot. And then I realized
341
00:20:42,000 --> 00:20:44,980
he was shot and that I was the one that
shot him.
342
00:21:03,649 --> 00:21:04,649
Nobody moved.
343
00:21:04,870 --> 00:21:07,310
I think we were all glad he didn't have
his gun up there on the stand.
344
00:21:07,970 --> 00:21:08,970
Did Bay cross?
345
00:21:09,170 --> 00:21:11,150
Tomorrow morning. So Bobby's been okay?
346
00:21:11,450 --> 00:21:13,050
I think he's been perfect.
347
00:21:13,330 --> 00:21:14,330
He's focused.
348
00:21:14,650 --> 00:21:15,850
So what's he doing now?
349
00:21:16,070 --> 00:21:18,850
Oh, he's in there with the shrinks,
which I should probably be too.
350
00:21:27,090 --> 00:21:28,250
Okay, Lindsay, you were right.
351
00:21:29,390 --> 00:21:32,170
What? She was injected with liquid
nicotine.
352
00:21:32,840 --> 00:21:34,980
It simulated all the conditions of a
heart attack.
353
00:21:35,420 --> 00:21:39,180
We searched her apartment, we found two
hairs, and we're running the DNA
354
00:21:39,180 --> 00:21:40,220
analysis as we speak.
355
00:21:42,980 --> 00:21:44,100
So she was murdered.
356
00:21:45,600 --> 00:21:46,600
She was murdered.
357
00:21:51,240 --> 00:21:52,240
Yes.
358
00:21:53,780 --> 00:21:56,860
I'm fine, Bobby. Don't keep telling me
that. The guy... We've got a guard
359
00:21:56,860 --> 00:21:59,960
outside and they're picking him up.
Until they pick him up, the guard goes
360
00:21:59,960 --> 00:22:00,839
you everywhere.
361
00:22:00,840 --> 00:22:01,840
I would like one too.
362
00:22:02,160 --> 00:22:05,840
I mean, the guy's got my address, and he
looked at me like he was attracted.
363
00:22:06,160 --> 00:22:09,300
You get a guard, too. Bobby, we gotta
get going. Come on.
364
00:22:10,040 --> 00:22:11,040
Everywhere you go.
365
00:22:16,920 --> 00:22:17,920
Morning, Jimmy.
366
00:22:18,360 --> 00:22:19,360
Morning.
367
00:22:33,879 --> 00:22:38,020
Jimmy, you do seem to be taking this
personally. He made it personal,
368
00:22:38,240 --> 00:22:42,740
He was defending his client. My personal
history has nothing to do with this
369
00:22:42,740 --> 00:22:45,800
case, and you know it. Well, actually, I
don't know it.
370
00:22:46,740 --> 00:22:49,360
I think Bobby raised a legitimate
question.
371
00:22:49,600 --> 00:22:52,520
I don't want to talk about it, all
right? Yes, and you're not wanting to
372
00:22:52,520 --> 00:22:54,900
about it. Go straight to the question.
373
00:23:00,490 --> 00:23:02,770
Your testimony was very powerful, Mr.
Wallace.
374
00:23:03,070 --> 00:23:05,070
Glad you liked it. I aim to please.
375
00:23:05,650 --> 00:23:06,790
And of course to shoot.
376
00:23:07,590 --> 00:23:09,990
Yes, I think I was most struck by your
anger.
377
00:23:10,210 --> 00:23:12,550
You're a very angry man, aren't you, Mr.
Wallace?
378
00:23:12,890 --> 00:23:15,450
You seem to have a firm grasp of the
obvious.
379
00:23:16,530 --> 00:23:21,150
Yes. And what's also obvious is you just
happened to shoot the person you were
380
00:23:21,150 --> 00:23:22,150
most angry at.
381
00:23:22,350 --> 00:23:23,350
What a coincidence.
382
00:23:23,990 --> 00:23:25,370
Objection overruled.
383
00:23:25,790 --> 00:23:27,630
How'd you get to the meeting that
evening, Mr. Wallace?
384
00:23:28,430 --> 00:23:29,430
I drove.
385
00:23:29,820 --> 00:23:31,540
Stop for all the traffic lights on the
way over?
386
00:23:32,260 --> 00:23:33,900
I don't remember.
387
00:23:34,180 --> 00:23:37,000
Any accidents or incidents on the way to
Mr. Donald's office?
388
00:23:37,560 --> 00:23:39,640
No. You were dressed how?
389
00:23:41,060 --> 00:23:42,060
I wore a suit.
390
00:23:42,360 --> 00:23:43,420
On time for the meeting?
391
00:23:43,840 --> 00:23:48,380
Yes. If the meeting had gone well and
Mr. Duvall had given you your job back,
392
00:23:48,540 --> 00:23:49,900
think you would have shot him?
393
00:23:50,440 --> 00:23:51,620
Objection. Speculation.
394
00:23:52,000 --> 00:23:55,500
Sustained. Are you remorseful, sir, for
shooting Mr. Duvall?
395
00:23:59,760 --> 00:24:03,960
You know Sarah Duvall, Harry's wife,
sitting right over here. You know his
396
00:24:03,960 --> 00:24:08,660
children. You've just sat up here
talking about shooting a husband, a
397
00:24:08,660 --> 00:24:09,660
three.
398
00:24:09,760 --> 00:24:13,020
You've talked about killing him with all
this righteous indignation.
399
00:24:14,320 --> 00:24:19,380
Look at them, Mr. Wallace, and tell them
how powerful it made you feel to be
400
00:24:19,380 --> 00:24:21,140
arbitrary. Should we object?
401
00:24:21,880 --> 00:24:26,900
No. Just explain to them how unfair life
has been to you. I am sure they'll
402
00:24:26,900 --> 00:24:27,900
understand.
403
00:24:28,540 --> 00:24:30,040
Maybe you could even give them some
advice.
404
00:24:31,600 --> 00:24:36,380
Tell them they'll feel better if they
just go out and shoot somebody
405
00:24:40,760 --> 00:24:42,260
I don't feel like talking anymore.
406
00:24:45,540 --> 00:24:46,540
I'm not going to talk.
407
00:24:49,520 --> 00:24:50,520
I'm not going to talk.
408
00:24:52,700 --> 00:24:53,780
You're going to talk.
409
00:24:55,080 --> 00:24:57,960
Oh, I have something to say, Detective,
but it'll be to the judge.
410
00:24:58,430 --> 00:25:03,110
When I file a claim for harassment,
false imprisonment. Incidentally, will
411
00:25:03,110 --> 00:25:07,130
be the last arrest, or can I expect
others? I want to know where you were
412
00:25:07,130 --> 00:25:08,069
nights ago.
413
00:25:08,070 --> 00:25:11,090
I believe I was home alone watching
Taxi.
414
00:25:11,490 --> 00:25:12,930
You think that's funny, William?
415
00:25:13,370 --> 00:25:16,450
I find humor is all about knowing your
audience.
416
00:25:16,690 --> 00:25:20,310
While the joke could be lost on you, I'm
sure Lindsay is about to find herself
417
00:25:20,310 --> 00:25:21,310
in stitches.
418
00:25:23,990 --> 00:25:26,550
You don't think I know you come in to
watch?
419
00:25:32,200 --> 00:25:34,340
People always know when they're being
watched, Lindsay.
420
00:25:35,440 --> 00:25:37,480
You of all people should know that.
421
00:25:48,900 --> 00:25:49,920
I can't hold him.
422
00:25:50,820 --> 00:25:52,620
What do you mean? I've got no evidence,
Lindsay.
423
00:25:52,980 --> 00:25:56,220
The man... DNA didn't check out. It was
somebody else's hair.
424
00:25:57,100 --> 00:25:58,100
You already know?
425
00:25:58,740 --> 00:26:00,000
We can't place him at the scene.
426
00:26:00,500 --> 00:26:01,600
There's nothing to hold him with.
427
00:26:01,920 --> 00:26:05,460
Unless he planted somebody else's hair,
which is starting to happen now. Maybe
428
00:26:05,460 --> 00:26:07,360
he did, but we have nothing to implicate
him.
429
00:26:08,720 --> 00:26:10,360
The other DA gave me some advice here.
430
00:26:11,600 --> 00:26:12,600
So he's walking back out.
431
00:26:12,840 --> 00:26:15,520
He basically told me that I'm next, and
out he goes?
432
00:26:24,700 --> 00:26:27,100
What about just under threats? They
can't hold him on that?
433
00:26:28,640 --> 00:26:29,640
Put Helen on.
434
00:26:31,210 --> 00:26:32,650
How overt do they have to be?
435
00:26:33,990 --> 00:26:37,190
Well, how long do we wait, Helen, until
Lindsay... Don't tell me to calm down
436
00:26:37,190 --> 00:26:38,630
and don't tell me there's nothing you
can do.
437
00:26:38,950 --> 00:26:41,590
Go out and plant some evidence if you
have to. You're the police. Bobby.
438
00:26:47,030 --> 00:26:50,770
Lucy, call Alan Neal. Get him in my
office this afternoon. Tell him it's an
439
00:26:50,770 --> 00:26:52,110
emergency. What happened?
440
00:26:52,650 --> 00:26:53,650
They released Hinks.
441
00:26:53,870 --> 00:26:54,870
No evidence.
442
00:26:55,250 --> 00:26:56,250
Wait, wait, wait.
443
00:26:56,450 --> 00:26:57,970
Are you okay to go in there?
444
00:26:58,510 --> 00:27:00,570
I can do direct on Murphy. I can do it.
445
00:27:00,840 --> 00:27:04,100
Okay, then take a breath. Take a breath.
446
00:27:07,820 --> 00:27:11,500
You can't just judge his sanity by the
single act of the crime.
447
00:27:11,860 --> 00:27:14,620
You need to consider his whole
psychiatric database.
448
00:27:15,100 --> 00:27:16,100
What does that mean?
449
00:27:16,440 --> 00:27:18,520
Basically, his prior mental history.
450
00:27:19,060 --> 00:27:22,880
He'd been experiencing deep clinical
depression. He'd been exhibiting
451
00:27:22,880 --> 00:27:28,660
of psychosis, seeing spots,
sleeplessness, paranoia. And when he
452
00:27:28,660 --> 00:27:32,070
gun? In my opinion, that was the
culminating psychotic act.
453
00:27:32,550 --> 00:27:35,890
He'd lost his ability to be responsible
for his actions.
454
00:27:36,490 --> 00:27:41,210
Are you saying if a person is depressed
or he sees spots, that's a precursor
455
00:27:41,210 --> 00:27:43,410
that he could become homicidal? Of
course not.
456
00:27:43,690 --> 00:27:48,090
I'm saying in this case, it was a
precursor. Well, with all this
457
00:27:48,090 --> 00:27:49,430
you ever recommend he be committed?
458
00:27:49,810 --> 00:27:51,710
No, but I wish I had.
459
00:27:51,910 --> 00:27:52,910
You wish you had.
460
00:27:54,399 --> 00:27:58,400
Mr. Wallace had the presence of mind to
select his victim when he shot Mr.
461
00:27:58,640 --> 00:28:00,760
Duvall instead of his lawyers, didn't
he, Doctor?
462
00:28:01,060 --> 00:28:04,300
Well, that doesn't mean it wasn't a
psychotic act. Oh, no one's denying the
463
00:28:04,300 --> 00:28:05,320
psychosis here, Doctor.
464
00:28:05,640 --> 00:28:07,020
The question is whether Mr.
465
00:28:07,220 --> 00:28:09,560
Wallace could appreciate the nature of
his act.
466
00:28:09,940 --> 00:28:13,740
He selected the victim who angered him.
He knew to stop shooting when he ran out
467
00:28:13,740 --> 00:28:16,860
of bullets. Are you making up your own
test now, Mr. Bay, for legal? You
468
00:28:16,860 --> 00:28:18,120
certainly felt free to make up yours.
469
00:28:18,660 --> 00:28:20,000
Objection. Sustained.
470
00:28:21,130 --> 00:28:25,510
The fact that he was able to demonstrate
victim selection is proof to me he knew
471
00:28:25,510 --> 00:28:26,770
exactly what he was doing.
472
00:28:27,110 --> 00:28:30,050
Even if his acts were irrational,
Doctor?
473
00:28:30,330 --> 00:28:31,730
Every murder is irrational.
474
00:28:32,250 --> 00:28:35,890
And this man exhibited enough rational
thought to plan this.
475
00:28:36,210 --> 00:28:37,870
He brought a gun to the meeting.
476
00:28:38,110 --> 00:28:40,330
It's premeditation and preparation.
477
00:28:53,420 --> 00:28:56,340
The psychiatric testimony was pretty
much a wash.
478
00:28:56,640 --> 00:28:57,680
The good thing.
479
00:28:58,120 --> 00:29:02,960
In Massachusetts, the burden is on the
prosecution to show you were sane. We
480
00:29:02,960 --> 00:29:05,500
don't have to prove you weren't. You
make it all sound so optimistic.
481
00:29:06,240 --> 00:29:11,780
I could almost lose sight of the fact
that insanity defenses are successful in
482
00:29:11,780 --> 00:29:14,640
less than a quarter of one percent of
all criminal cases.
483
00:29:15,160 --> 00:29:19,280
Scott, I have to tell you, with your
attitude, our chances are worse than
484
00:29:19,580 --> 00:29:22,380
Well, if I get convicted here, Rebecca.
485
00:29:23,600 --> 00:29:27,760
I go back to a society where there are
even bigger pariahs than me.
486
00:29:29,560 --> 00:29:33,760
If you're even remotely looking forward
to that society, you're every bit as
487
00:29:33,760 --> 00:29:35,320
insane as we're cracking you up to be.
488
00:29:42,000 --> 00:29:43,000
Where's Bobby?
489
00:29:46,280 --> 00:29:47,620
He's working on his closing.
490
00:29:51,800 --> 00:29:52,800
I'm impressed.
491
00:29:53,700 --> 00:29:54,960
Business must be good.
492
00:29:55,200 --> 00:29:56,200
Yeah, we get by.
493
00:29:56,480 --> 00:29:57,940
And I hear you're married now.
494
00:30:00,360 --> 00:30:01,360
Yeah.
495
00:30:02,260 --> 00:30:03,600
Which is the reason I called.
496
00:30:04,380 --> 00:30:05,460
You want me to kill her?
497
00:30:06,120 --> 00:30:08,640
No, I do not want you to kill her, Alan.
498
00:30:09,820 --> 00:30:12,940
She's being threatened and her life
could very well be in danger.
499
00:30:13,140 --> 00:30:13,979
From who?
500
00:30:13,980 --> 00:30:17,860
His name is William Hinks. He's a serial
psycho head chopper which he
501
00:30:17,860 --> 00:30:18,980
successfully got acquitted.
502
00:30:19,580 --> 00:30:21,620
Now he's obsessed or something with
Lindsay.
503
00:30:23,399 --> 00:30:26,180
50 ,000 cash up front. I'm not hiring
it.
504
00:30:28,320 --> 00:30:30,080
I just want you to scare him.
505
00:30:30,740 --> 00:30:34,280
Scare him? The police have tried. The
DAs have tried. The problem is he knows
506
00:30:34,280 --> 00:30:38,360
there's only so much they can do. I want
him to hear it from somebody he thinks
507
00:30:38,360 --> 00:30:39,520
might actually hurt him.
508
00:30:41,060 --> 00:30:42,120
You're really worried, huh?
509
00:30:44,520 --> 00:30:46,220
We're talking about my wife, Alan.
510
00:30:47,580 --> 00:30:49,080
I mean, this guy is sick.
511
00:30:50,860 --> 00:30:52,340
We think he just killed his therapist.
512
00:30:54,510 --> 00:30:57,710
You remember I said this day would come?
513
00:30:59,470 --> 00:31:03,410
Sorry. You know, when I was looking at
double consecutives and you got me off.
514
00:31:04,050 --> 00:31:06,710
I said someday you're going to need me
just like I needed you.
515
00:31:07,410 --> 00:31:08,730
I also said I'd deliver.
516
00:31:09,750 --> 00:31:10,750
Remember that?
517
00:31:17,030 --> 00:31:19,230
Put the fear of God in him, Alan.
518
00:31:21,390 --> 00:31:22,390
You got an address?
519
00:31:25,120 --> 00:31:26,140
Bobby, I'm sorry.
520
00:31:26,720 --> 00:31:27,720
I'll be right out.
521
00:31:32,880 --> 00:31:33,880
Yeah.
522
00:31:34,800 --> 00:31:35,800
Pregnant even.
523
00:31:38,920 --> 00:31:40,000
I'll take care of it, Mom.
524
00:31:56,330 --> 00:32:00,750
This man had been diagnosed long before
this shooting.
525
00:32:01,730 --> 00:32:07,910
He was suffering from twin positional
emotional traumas, his wife's death and
526
00:32:07,910 --> 00:32:08,910
being accused of it.
527
00:32:09,070 --> 00:32:13,450
He had been on the edge of a psychotic
break for which he was hospitalized.
528
00:32:14,170 --> 00:32:18,890
This is in the case of lawyers and
doctors finding a disorder after the
529
00:32:19,310 --> 00:32:24,150
Scott Wallace's mental condition was
preexisting and diagnosed months before.
530
00:32:24,410 --> 00:32:25,670
He had been...
531
00:32:26,000 --> 00:32:27,200
On the edge.
532
00:32:27,460 --> 00:32:33,940
Karen's death, the arrest, the
conviction, prison, the appeal,
533
00:32:34,200 --> 00:32:39,220
the second trial. He had been living all
that while suffering clinical
534
00:32:39,220 --> 00:32:43,120
depression. And he finally lost it that
night with Harry Duvall.
535
00:32:43,420 --> 00:32:44,560
Just like Dr.
536
00:32:44,780 --> 00:32:45,960
Murphy told us he would.
537
00:32:46,700 --> 00:32:48,540
You heard seven different experts.
538
00:32:49,700 --> 00:32:53,660
Psychologists, forensic psychiatrists,
they all told you to a medical certainty
539
00:32:53,660 --> 00:32:56,800
that Scott Wallace had a psychotic
breakdown.
540
00:32:57,400 --> 00:33:00,380
But you don't have to get weighed down
by all the medical jargon and the
541
00:33:00,380 --> 00:33:04,700
science. The test of legal insanity, it
really comes down to this.
542
00:33:06,180 --> 00:33:08,040
Was Scott Wallace able?
543
00:33:08,760 --> 00:33:13,640
Was he able to conform his conduct to
the requirements of the law?
544
00:33:13,920 --> 00:33:17,220
And to answer that question, you only
need to ask yourselves this.
545
00:33:18,360 --> 00:33:22,860
even if the Boston police had been right
there in the room with him that night,
546
00:33:23,020 --> 00:33:25,420
would he have still shot Harry Duvall?
547
00:33:26,560 --> 00:33:28,680
And we all know the answer to that
question.
548
00:33:31,140 --> 00:33:32,140
It's yes.
549
00:33:36,420 --> 00:33:38,720
He didn't just pull out a gun and start
firing.
550
00:33:39,220 --> 00:33:44,180
He shot the man who wronged him after
planning it, after packing a gun in a
551
00:33:44,180 --> 00:33:45,760
briefcase to conceal it.
552
00:33:46,670 --> 00:33:48,110
This was a reflective choice.
553
00:33:48,790 --> 00:33:53,690
For every psychiatrist they put up there
to declare him insane, we put up two to
554
00:33:53,690 --> 00:33:59,670
say he wasn't. This is a man, when he
gets angry, he acts on that anger.
555
00:34:00,510 --> 00:34:04,770
That's why he was charged with his
wife's murder, for which he was
556
00:34:04,770 --> 00:34:09,290
first. That's why even his close friend,
Harry Duvall, knew him to be a
557
00:34:09,290 --> 00:34:13,870
murderer. And that's why his own lawyer,
his own lawyer.
558
00:34:14,380 --> 00:34:19,219
who was in the room at the time, who saw
it. He knew it to be a cold -blooded
559
00:34:19,219 --> 00:34:20,480
act of execution.
560
00:34:21,840 --> 00:34:23,239
And he told you that.
561
00:34:24,699 --> 00:34:27,800
Jimmy Berluti was a previous gunshot
victim himself.
562
00:34:28,420 --> 00:34:32,679
He froze when Scott Wallace pulled out
that gun. His powers of observation were
563
00:34:32,679 --> 00:34:36,960
paralyzed. He didn't even do anything to
try to stop either the suicide or the
564
00:34:36,960 --> 00:34:37,960
homicide.
565
00:34:38,340 --> 00:34:41,300
The other eyewitness, Eleanor Frutt, she
told you.
566
00:34:42,179 --> 00:34:44,040
Scott... Wallace snapped.
567
00:34:45,159 --> 00:34:46,679
He pulled that gun out to kill himself.
568
00:34:47,300 --> 00:34:48,380
And then he went blank.
569
00:34:49,100 --> 00:34:52,800
And Scott himself testified. The next
thing, shots were being fired. Harry
570
00:34:52,800 --> 00:34:53,800
Duvall was being hit.
571
00:34:54,639 --> 00:34:57,600
Scott Wallace was mentally gone.
572
00:34:58,540 --> 00:35:03,320
And I would submit every murderer has to
be a little mentally gone to commit a
573
00:35:03,320 --> 00:35:06,040
homicide. That doesn't mean we excuse
it.
574
00:35:07,040 --> 00:35:08,560
Scott Wallace was fed up.
575
00:35:08,920 --> 00:35:09,920
He'd had enough.
576
00:35:10,380 --> 00:35:11,400
And now...
577
00:35:11,660 --> 00:35:13,060
It was time to get even.
578
00:35:13,980 --> 00:35:17,760
Revenge may be motive, but it's no
defense.
579
00:35:19,120 --> 00:35:24,100
Can they prove he was sane beyond a
reasonable doubt?
580
00:35:25,560 --> 00:35:26,560
No.
581
00:35:27,000 --> 00:35:31,700
They don't prove sanity beyond a
reasonable doubt.
582
00:35:33,560 --> 00:35:36,160
Intent, preparation, victim selection.
583
00:35:36,800 --> 00:35:43,520
he snapped he chose he was insane he was
angry not guilty guilty
584
00:35:43,520 --> 00:35:50,060
could he appreciate the wrongfulness of
his conduct that's the question could he
585
00:35:50,060 --> 00:35:54,500
appreciate the wrongfulness of his
conduct that's the question
586
00:36:06,990 --> 00:36:09,010
No witnesses to place him near the
house.
587
00:36:09,930 --> 00:36:13,150
What about... You said that hair could
have been planted.
588
00:36:13,470 --> 00:36:17,870
Well, a lot of criminals are taking
advantage of DNA evidence now by leaving
589
00:36:17,870 --> 00:36:21,010
strand of somebody else's hair or a drop
of somebody else's blood.
590
00:36:21,390 --> 00:36:22,870
Hinks is certainly smart enough.
591
00:36:24,230 --> 00:36:27,150
He is a suspect. Yes, he is. Lindsay,
we're on it.
592
00:36:27,430 --> 00:36:29,050
Can you just follow him wherever he
goes?
593
00:36:29,470 --> 00:36:31,110
No, we really can't do that.
594
00:36:32,630 --> 00:36:35,670
Truthfully, I think it was a mistake for
me to try to scare him.
595
00:36:36,590 --> 00:36:39,430
Some of these psychos, you antagonize
them, they just get worse.
596
00:36:46,730 --> 00:36:51,190
College Football Saturday, presented by
Kyocera, returns August 24th to Fox
597
00:36:51,190 --> 00:36:52,190
Sportsnet.
598
00:36:58,690 --> 00:36:59,710
William Hinks?
599
00:37:38,320 --> 00:37:39,480
Tried a great case, Bobby.
600
00:37:41,000 --> 00:37:42,000
Thanks.
601
00:37:42,200 --> 00:37:43,860
I know I could have been more help.
602
00:37:45,700 --> 00:37:47,380
Should have flapped my arms or
something.
603
00:37:51,980 --> 00:37:53,040
Don't you care, Scott?
604
00:37:59,160 --> 00:38:00,160
Scott?
605
00:38:04,300 --> 00:38:07,460
When I let myself care, that's when I
get hurt.
606
00:38:10,220 --> 00:38:13,900
You know, it's just... Boo!
607
00:38:18,880 --> 00:38:19,880
Kidding.
608
00:38:26,900 --> 00:38:31,780
I started to go crazy because, you know,
they were calling me a murderer.
609
00:38:33,340 --> 00:38:37,760
They said I killed my wife, and look
what happened.
610
00:38:38,300 --> 00:38:39,460
I became one.
611
00:38:41,130 --> 00:38:46,650
I shot Harry Duvall and turned into
exactly what they were calling me.
612
00:38:48,670 --> 00:38:50,010
You're not a murderer, Scott.
613
00:38:52,030 --> 00:38:53,030
Well,
614
00:38:54,590 --> 00:38:56,770
you're a good man, Bobby, but that's no
guarantee.
615
00:39:27,370 --> 00:39:28,910
Mr. Wallace, would you please rise?
616
00:39:30,310 --> 00:39:31,310
Mr. Wallace?
617
00:39:37,650 --> 00:39:40,150
Mr. Foreman, has the jury reached a
verdict?
618
00:39:40,630 --> 00:39:41,630
Yes, Your Honor.
619
00:39:42,070 --> 00:39:43,070
What say you?
620
00:39:44,650 --> 00:39:49,510
Commonwealth v. Scott Wallace on the
charge of murder in the first degree.
621
00:39:50,410 --> 00:39:54,910
We find the defendant, Scott Wallace,
not guilty.
622
00:39:56,520 --> 00:39:58,860
by reason of mental disease or defect.
623
00:40:03,620 --> 00:40:07,580
The Commonwealth moves the defendant be
committed to a psychiatric facility.
624
00:40:07,960 --> 00:40:13,440
The court orders that the defendant be
hospitalized for a period of 60 days for
625
00:40:13,440 --> 00:40:14,860
observation at Bridgewater.
626
00:40:15,080 --> 00:40:17,560
We'll consider further petitions after
that.
627
00:40:17,760 --> 00:40:19,100
Court is adjourned.
628
00:40:20,880 --> 00:40:25,780
What's going on? It's for observation
and treatment. It's temporary. And
629
00:40:26,430 --> 00:40:27,430
You need it.
630
00:40:28,470 --> 00:40:29,470
Will I get out?
631
00:40:30,010 --> 00:40:31,270
Probably in 60 days.
632
00:40:32,310 --> 00:40:34,190
Scott, you need help.
633
00:40:35,250 --> 00:40:36,730
Treatment is a good thing here.
634
00:40:38,150 --> 00:40:39,470
Okay. Okay, Bobby.
635
00:40:40,130 --> 00:40:42,190
Bobby, I didn't know what to say the
last time.
636
00:40:43,190 --> 00:40:44,190
Now.
637
00:41:00,560 --> 00:41:01,558
It's okay.
638
00:41:01,560 --> 00:41:02,560
Lindsay's fine.
639
00:41:02,980 --> 00:41:03,980
What?
640
00:41:06,100 --> 00:41:07,100
What?
641
00:41:10,940 --> 00:41:11,940
Michael, call me inside.
642
00:41:17,560 --> 00:41:22,080
Michael, you don't want to go in there.
I'm going in. Bobby, I'm coming in.
643
00:41:23,120 --> 00:41:24,420
Lindsay, stay with Helen.
644
00:41:49,260 --> 00:41:50,260
Where's his head?
645
00:42:14,680 --> 00:42:16,780
You have any suspects?
646
00:42:17,280 --> 00:42:18,280
Not yet.
50034
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