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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,440 --> 00:00:04,500 Previously on The Practice. We find the defendant, William Hinks, not guilty. 2 00:00:05,540 --> 00:00:09,780 Since you are treating him, I would just like you to prevail upon him not to 3 00:00:09,780 --> 00:00:13,620 stalk me anymore. I can't promise I'll be effective, but I'll certainly try. 4 00:00:13,980 --> 00:00:15,420 Jeannie Reynolds had a heart attack. 5 00:00:15,940 --> 00:00:19,380 What? I don't care what the doctor said. A woman in her 30s doesn't just 6 00:00:19,380 --> 00:00:22,400 suddenly turn up dead. It was William Hinks. What, he's scared her into having 7 00:00:22,400 --> 00:00:25,280 coronary? At least order an autopsy. Okay, Lindsay, you were right. 8 00:00:25,580 --> 00:00:27,320 She was injected with liquid nicotine. 9 00:00:27,800 --> 00:00:29,720 It simulated all the conditions of a heart attack. 10 00:00:30,040 --> 00:00:33,420 So she was murdered. I want to know where you were two nights ago. I believe 11 00:00:33,420 --> 00:00:36,960 was home alone watching Taxi. You think that's funny, William? 12 00:00:37,200 --> 00:00:40,600 Well, the joke could be lost on you. I'm sure Lindsay is about to find herself 13 00:00:40,600 --> 00:00:41,459 in stitches. 14 00:00:41,460 --> 00:00:44,440 She's being threatened, and her life could very well be in danger. 15 00:00:44,800 --> 00:00:51,260 Fifty thousand cash up front. I'm not hiring you to... I just want you to 16 00:00:51,260 --> 00:00:52,260 him. 17 00:00:54,320 --> 00:00:55,440 I'll take care of it, Bobby. 18 00:01:06,660 --> 00:01:07,780 Hanks? Yeah. 19 00:01:09,360 --> 00:01:10,360 Where's his head? 20 00:01:15,000 --> 00:01:15,560 Do 21 00:01:15,560 --> 00:01:23,160 you 22 00:01:23,160 --> 00:01:24,160 have any suspects? 23 00:01:24,180 --> 00:01:25,180 Not yet. 24 00:01:55,440 --> 00:01:56,440 I asked for my lawyer. 25 00:01:56,680 --> 00:02:00,360 This is Bernard Shanley. He's a public defender. I don't want a public 26 00:02:00,460 --> 00:02:03,660 I asked for Bobby Donald. Mr. Neal, I'm going to advise you to just listen now. 27 00:02:03,660 --> 00:02:04,660 You listen. 28 00:02:04,880 --> 00:02:07,260 Beat it. Shut up, Alan, and just don't talk for a second. 29 00:02:15,160 --> 00:02:16,360 You have a problem, Alan. 30 00:02:17,280 --> 00:02:20,080 The man you killed was a bit of a security freak. 31 00:02:20,800 --> 00:02:21,800 He had cameras. 32 00:02:22,480 --> 00:02:24,220 One of them picked you up entering his house. 33 00:02:24,730 --> 00:02:28,510 He also managed to activate his phone machine, which partially recorded an 34 00:02:28,510 --> 00:02:29,610 exchange between you two. 35 00:02:32,410 --> 00:02:34,250 You picked the wrong girl to terrorize. 36 00:02:35,270 --> 00:02:36,810 Bobby Dowell's a friend of mine. 37 00:02:37,230 --> 00:02:40,970 We got kind of a arrangement going. I kill people, he gets me off. 38 00:02:41,590 --> 00:02:46,470 Over the years, I'm in his debt pretty good, so when he calls in a favor... I 39 00:02:46,470 --> 00:02:47,470 have a silent alarm. 40 00:02:47,990 --> 00:02:50,590 The police are on their way as I speak. 41 00:02:50,930 --> 00:02:52,390 Then I'd better not waste time. 42 00:02:52,670 --> 00:02:54,030 Before you touch me, you should know. 43 00:02:55,150 --> 00:02:56,150 I have cooties. 44 00:02:56,970 --> 00:02:58,230 Oh, you're a funny boy. 45 00:02:58,510 --> 00:02:59,510 Please. 46 00:03:04,110 --> 00:03:07,190 You have exceeded the time. 47 00:03:08,570 --> 00:03:09,570 See, Alan? 48 00:03:11,070 --> 00:03:13,410 I don't think Bobby Donald is the lawyer you want to be calling. 49 00:04:08,240 --> 00:04:09,600 Did you feel that? Oh, I felt it. 50 00:04:09,960 --> 00:04:11,380 I didn't. Oh, come on. 51 00:04:13,600 --> 00:04:14,539 What about that? 52 00:04:14,540 --> 00:04:15,540 That I felt? 53 00:04:15,580 --> 00:04:17,300 Is that normal? Hey, Jimmy. 54 00:04:17,760 --> 00:04:21,019 How come you never asked to feel my stomach? Don't start with me, Eleanor. 55 00:04:22,460 --> 00:04:23,460 Bobby. 56 00:04:23,640 --> 00:04:24,640 Ellen Neal. 57 00:04:26,140 --> 00:04:27,140 What about him? 58 00:04:27,540 --> 00:04:29,600 He's been arrested for William Hanks' murder. 59 00:04:33,560 --> 00:04:34,560 Arrested when? 60 00:04:35,020 --> 00:04:36,020 Last night. 61 00:04:36,190 --> 00:04:38,410 They got him in lockup. He's being arraigned at 9 o 'clock. 62 00:04:54,770 --> 00:04:55,770 Privacy. 63 00:05:00,710 --> 00:05:02,270 Bobby. Calm down. 64 00:05:02,570 --> 00:05:03,570 Bobby, they know. 65 00:05:04,060 --> 00:05:07,220 They got it on tape. Keep your voice down. He had some recorder thing going. 66 00:05:07,400 --> 00:05:08,600 Who? Hinks. 67 00:05:08,920 --> 00:05:10,100 The guy you had me whack? 68 00:05:10,360 --> 00:05:13,340 Hey, I didn't have you. They got it on tape, man. Alan, calm down. 69 00:05:15,640 --> 00:05:17,180 They want me to turn state against you. 70 00:05:19,020 --> 00:05:22,780 What? They got me on tape, Hal. You know, you sent me... Who wants you to 71 00:05:22,780 --> 00:05:23,780 state? The cops. 72 00:05:24,020 --> 00:05:25,020 And that midget DA. 73 00:05:26,160 --> 00:05:29,420 Bobby, they got us both. What exactly do they have on tape? 74 00:05:30,380 --> 00:05:32,340 Me telling Hinks that you sent me. 75 00:05:34,450 --> 00:05:39,130 First, I never sent you to kill him. Oh, come on. I said scare him. Come on, 76 00:05:39,130 --> 00:05:41,210 Bobby. I never... Look, we're in deep here. 77 00:05:42,270 --> 00:05:45,130 If you're going to turn against me... I'm not turning against you. Okay, okay. 78 00:05:45,170 --> 00:05:46,170 We need each other. 79 00:05:47,210 --> 00:05:48,470 We're in trouble, so look. 80 00:05:48,830 --> 00:05:52,890 Let's just get on the same page here and admit that you had me kill the guy. 81 00:05:56,430 --> 00:05:59,030 I did not have you kill him. 82 00:06:04,520 --> 00:06:05,520 I miss seeing you, Alan. 83 00:06:10,960 --> 00:06:11,960 Guard! 84 00:06:21,740 --> 00:06:22,740 Bobby Donald? 85 00:06:23,900 --> 00:06:24,900 What's going on? 86 00:06:26,120 --> 00:06:27,120 I'm sorry. 87 00:06:27,280 --> 00:06:28,280 Mike! 88 00:06:29,260 --> 00:06:31,580 You're under arrest for the murder of William Hicks. 89 00:06:32,700 --> 00:06:34,180 You have the right to remain silent. 90 00:06:34,860 --> 00:06:37,660 Anything you say can and will be used against you in the court of law. 91 00:06:38,080 --> 00:06:41,700 You have the right to an attorney. If you cannot afford an attorney, one will 92 00:06:41,700 --> 00:06:42,700 provided for you. 93 00:06:51,640 --> 00:06:54,600 What? It just happened. He's being arraigned this afternoon. 94 00:06:54,880 --> 00:06:55,739 I'm on my way. 95 00:06:55,740 --> 00:06:58,380 I'm going to. No, Lindsay, you... He's my husband. I'm certainly entitled to... 96 00:06:58,380 --> 00:07:01,380 He's seven months pregnant. So what? He's right, Lindsay. Eleanor. You don't 97 00:07:01,380 --> 00:07:02,900 want to stress yourself into miscarrying. 98 00:07:03,860 --> 00:07:04,860 Stay here. 99 00:07:06,100 --> 00:07:07,100 I'll call you. 100 00:07:07,340 --> 00:07:08,340 Jimmy, come on. 101 00:07:15,320 --> 00:07:16,320 Karen? 102 00:07:16,440 --> 00:07:17,399 Hey, Beck. 103 00:07:17,400 --> 00:07:18,400 Can I talk to you? 104 00:07:18,800 --> 00:07:19,800 Well, sure. 105 00:07:20,000 --> 00:07:21,000 Is everything okay? 106 00:07:21,400 --> 00:07:23,040 I think I'd like to hire you. Are you free? 107 00:07:24,300 --> 00:07:25,300 Let's go in here. 108 00:07:25,700 --> 00:07:27,040 It's their fault, Rebecca. 109 00:07:27,360 --> 00:07:31,000 Why shouldn't they take responsibility? I'm a widow because of them. Maybe they 110 00:07:31,000 --> 00:07:35,280 should. But to hold an employer liable for an employee's suicide... They worked 111 00:07:35,280 --> 00:07:36,400 him so hard. 112 00:07:36,920 --> 00:07:41,200 They verbally abused him and... Law firms push associates all the time. They 113 00:07:41,200 --> 00:07:43,160 work long hours. This went beyond that. 114 00:07:44,300 --> 00:07:46,340 We both know Keith suffered from depression. 115 00:07:46,660 --> 00:07:48,100 Which they were responsible for. 116 00:07:48,400 --> 00:07:50,120 Well, did any doctor say that? 117 00:07:50,960 --> 00:07:54,220 Look, Rebecca, you're my friend. If you won't help me, I... Of course. 118 00:07:54,680 --> 00:07:58,760 I'll help you. I'm just saying that your husband suffered from a pre -existing 119 00:07:58,760 --> 00:08:02,320 mental... That law firm drove him to suicide, and I want to sue them. 120 00:08:03,860 --> 00:08:07,620 Was it foreseeable to you that Keith was going to take his life? 121 00:08:08,960 --> 00:08:09,960 No. 122 00:08:10,380 --> 00:08:14,280 Then how do we really argue it should have been foreseeable to them? 123 00:08:14,620 --> 00:08:17,320 Please. I just need to do this. 124 00:08:18,240 --> 00:08:19,240 They... 125 00:08:25,740 --> 00:08:27,260 All right, let me set up a meeting. 126 00:08:27,500 --> 00:08:30,620 I'd like to file a complaint contemporaneously with the meeting. Let 127 00:08:30,620 --> 00:08:31,640 we're serious about this. 128 00:08:31,900 --> 00:08:34,220 Well, first let me... No, just file the complaint. 129 00:08:34,460 --> 00:08:36,020 Then we'll meet with them and go from there. 130 00:08:36,600 --> 00:08:37,600 Please? 131 00:08:38,260 --> 00:08:40,340 It can just be boilerplate, but it'll send a message. 132 00:08:42,059 --> 00:08:43,059 Okay? 133 00:08:43,820 --> 00:08:47,660 But I have to tell you, Karen, I'm only doing this out of our friendship, as a 134 00:08:47,660 --> 00:08:48,660 lawyer. 135 00:08:49,800 --> 00:08:53,400 I don't see much merit in this case. They killed him, Rebecca. 136 00:08:54,640 --> 00:08:56,400 They drove him to take his life. 137 00:09:03,920 --> 00:09:05,620 I guess they're going solicitation. 138 00:09:06,900 --> 00:09:09,280 I kind of went into shock when he was reading me. 139 00:09:09,980 --> 00:09:12,940 Wait a second. Alan Neal really did kill Hanks? 140 00:09:13,860 --> 00:09:16,180 Yes. And how do they connect it to you? 141 00:09:18,140 --> 00:09:23,480 I met with Alan the night before. I told him to scare. 142 00:09:25,479 --> 00:09:30,220 Hanks. And now Alan is evidently claiming that I asked him to kill Hanks. 143 00:09:32,260 --> 00:09:33,480 He was wearing a wire. 144 00:09:34,060 --> 00:09:35,540 I think he's made some kind of deal. 145 00:09:36,040 --> 00:09:37,260 And now they're after me. 146 00:09:40,260 --> 00:09:41,260 They're after me. 147 00:09:49,080 --> 00:09:51,920 Case 32899, Commonwealth. 148 00:09:52,380 --> 00:09:56,860 versus Robert Donald, breaking and entering with intent to commit felonious 149 00:09:56,860 --> 00:10:02,460 assault, conspiracy to commit murder and felony murder, and murder in the first 150 00:10:02,460 --> 00:10:03,460 degree. 151 00:10:04,020 --> 00:10:08,820 Eugene Young for the defendant. We enter a plea of not guilty on all counts. I 152 00:10:08,820 --> 00:10:12,320 also ask that my client be released on his own recognizance. Given the severity 153 00:10:12,320 --> 00:10:14,400 of the charges, the Commonwealth opposes bail. 154 00:10:14,620 --> 00:10:16,760 He is not a flight risk, nor is he a threat to society. 155 00:10:17,300 --> 00:10:21,160 Obviously, Mr. Donald has strong roots in the community. He's a respected 156 00:10:21,160 --> 00:10:23,940 of the bar. I don't know to which bar my colleague is referring. 157 00:10:24,800 --> 00:10:29,840 I'm setting bail at $100 ,000, $10 ,000 bond. Let's conference later for a trial 158 00:10:29,840 --> 00:10:30,840 date. Anything else? 159 00:10:33,160 --> 00:10:34,160 Adjourned. 160 00:10:39,760 --> 00:10:42,040 We'll get the bail posted. It'll take about an hour. 161 00:10:42,340 --> 00:10:43,340 Okay. 162 00:10:43,700 --> 00:10:45,180 Hey. You okay? 163 00:10:47,470 --> 00:10:50,470 We gotta take him. I'm going with him. I don't think that we... Then don't think 164 00:10:50,470 --> 00:10:51,470 that. I'm going. 165 00:10:53,530 --> 00:10:54,530 You hear the counts? 166 00:10:55,050 --> 00:10:56,050 Yeah. 167 00:10:56,370 --> 00:10:58,030 They're not just going solicitation. 168 00:10:58,610 --> 00:10:59,750 They're charging first degree. 169 00:11:03,110 --> 00:11:04,110 Okay, 170 00:11:05,510 --> 00:11:06,510 four o 'clock. 171 00:11:06,930 --> 00:11:08,350 I appreciate that. Thank you. 172 00:11:08,630 --> 00:11:09,630 See you then. 173 00:11:12,170 --> 00:11:13,170 There's a surprise. 174 00:11:13,770 --> 00:11:14,770 He's coming here. 175 00:11:15,370 --> 00:11:18,670 Who? The managing partner of the law firm, Karen, wants me to sue. 176 00:11:19,130 --> 00:11:22,930 Rebecca, don't get me wrong. I love the underdog, but... She's a friend. 177 00:11:23,590 --> 00:11:24,770 She wants to do it. 178 00:11:25,650 --> 00:11:28,350 Maybe I can scare up some nuisance change. Who knows? 179 00:11:44,010 --> 00:11:47,070 Obviously, it all comes down to the credibility of Mr. Neal. 180 00:11:48,470 --> 00:11:53,210 The reason for this assemblage, I do not want this one slipping away. 181 00:11:53,990 --> 00:11:56,130 Robert Donnell is an enemy to this department. 182 00:11:56,910 --> 00:12:00,910 Three years ago, he tipped off his drug clients to an upcoming police raid which 183 00:12:00,910 --> 00:12:02,710 led to the shooting death of two officers. 184 00:12:03,150 --> 00:12:07,130 He has routinely manipulated the judicial process to prevent murderers 185 00:12:07,130 --> 00:12:10,810 being incarcerated, and he has embarrassed us all while doing so. 186 00:12:11,410 --> 00:12:15,560 As far as this office is concerned, This prosecution is payback. 187 00:12:16,280 --> 00:12:18,940 Now, you will all be assigned specific roles. Excuse me. 188 00:12:19,660 --> 00:12:20,660 Yes? 189 00:12:20,900 --> 00:12:25,480 Nobody wants to beat Bobby Donald more than I do, but this thing being 190 00:12:25,480 --> 00:12:27,340 politicized... I beg your pardon? 191 00:12:28,580 --> 00:12:33,920 It's one thing to charge him on the facts of this case, but his previous 192 00:12:33,920 --> 00:12:37,760 with the department should have no bearing on this prosecution, and I think 193 00:12:37,760 --> 00:12:39,780 departmental vendetta... That's not what this is. 194 00:12:40,200 --> 00:12:41,500 It sure sounds like it. 195 00:12:43,820 --> 00:12:47,380 Bobby Donald's previous history with this department is only relevant to the 196 00:12:47,380 --> 00:12:52,200 extent that it will be played up in the press Given the added attention to this 197 00:12:52,200 --> 00:12:55,860 case I'm concerned from a public relations standpoint and therefore I 198 00:12:55,860 --> 00:13:01,340 important that we all do a good job That's not what you said Martin That's 199 00:13:01,340 --> 00:13:05,460 I'm saying now Richard May I continue 200 00:13:14,280 --> 00:13:15,280 Why didn't you tell me? 201 00:13:15,380 --> 00:13:16,400 Please don't start. 202 00:13:17,220 --> 00:13:22,260 I'm not trying to start, Bobby, but... You bring this Neil guy in, you tell him 203 00:13:22,260 --> 00:13:25,900 to scare Hinks, Hinks ends up dead, and you say nothing to me? 204 00:13:27,280 --> 00:13:28,720 It had to have been eating you. 205 00:13:32,820 --> 00:13:34,000 Can I have a second with him? 206 00:13:35,380 --> 00:13:36,380 Sure. 207 00:13:37,000 --> 00:13:38,540 Why should I know what the hell's going on? 208 00:13:39,120 --> 00:13:40,240 I'm only married to him. 209 00:13:52,330 --> 00:13:53,850 They're giving Neil manslaughter. 210 00:13:54,530 --> 00:13:55,530 20 years. 211 00:13:55,910 --> 00:13:58,290 In exchange for his testimony against me. 212 00:13:58,890 --> 00:14:02,110 Yeah. I'm bringing a motion to kick a couple of counts. 213 00:14:02,530 --> 00:14:04,550 The most serious being felony murder. 214 00:14:04,750 --> 00:14:06,430 That's where you're the most vulnerable. 215 00:14:06,990 --> 00:14:07,990 Felony murder? 216 00:14:09,270 --> 00:14:10,670 How can they charge that? 217 00:14:11,710 --> 00:14:12,770 Breaking and entering. 218 00:14:13,170 --> 00:14:14,810 Oh, please, that can't stand. 219 00:14:15,170 --> 00:14:17,930 Well, if it does, you're in trouble, and I don't need to tell you that. 220 00:14:22,120 --> 00:14:26,320 I'm going to say this once, because I have to say it once, then I'll move on. 221 00:14:27,820 --> 00:14:32,720 Your sending a known criminal, a murderer no less, to visit Hinks was 222 00:14:32,720 --> 00:14:36,440 the dumbest thing I've ever known you to do. You put yourself at risk, you 223 00:14:36,440 --> 00:14:41,620 jeopardized his firm. Now, I know you were acting as a worried husband, but 224 00:14:41,620 --> 00:14:46,520 Bobby, if stupidity were a crime, your ass would be serving life. 225 00:14:53,529 --> 00:14:55,110 Now, let's turn to your defense. 226 00:14:55,650 --> 00:15:01,090 Before we get to that, Eugene, I'm about to have a baby. 227 00:15:01,950 --> 00:15:03,770 I'm going on trial for murder. 228 00:15:05,090 --> 00:15:10,950 I'm in no position, I should say condition, 229 00:15:11,090 --> 00:15:13,230 to be running this firm. 230 00:15:14,530 --> 00:15:16,130 I won't be until this thing is over. 231 00:15:17,810 --> 00:15:20,150 I'm appointing you pro tem senior partner. 232 00:15:21,340 --> 00:15:26,260 I'm not passing on a title here. I'm just assigning responsibility. 233 00:15:31,220 --> 00:15:32,220 Okay. 234 00:15:36,040 --> 00:15:37,360 I worked all the associates. 235 00:15:37,840 --> 00:15:40,960 We were doing massive class action. You worked Keith in a way. Karen? 236 00:15:42,200 --> 00:15:45,380 Mr. Banish, I obviously know what it's like to work in a law firm. 237 00:15:45,580 --> 00:15:46,720 Can I stop you there, Ms. Washington? 238 00:15:47,320 --> 00:15:50,780 With all due respect to your practice, you have no experience with class action 239 00:15:50,780 --> 00:15:51,900 product liability work. 240 00:15:52,520 --> 00:15:57,760 Keith was on a toxic waste case involving 3 ,200 plaintiffs. This kind 241 00:15:57,760 --> 00:15:58,760 understand that. 242 00:15:58,860 --> 00:16:03,300 And I know associates are expected to put in long hours. But you also know, 243 00:16:03,380 --> 00:16:04,940 the eggshell doctrine. Meaning? 244 00:16:05,200 --> 00:16:08,820 Meaning you take your plaintiffs as you find them. And the fact that Keith had 245 00:16:08,820 --> 00:16:12,640 an underlying psychological condition is not a complete defense. Look. 246 00:16:15,660 --> 00:16:16,680 I loved Keith. 247 00:16:17,040 --> 00:16:18,019 Oh, please. 248 00:16:18,020 --> 00:16:19,340 Whether you want to believe that, Karen, I did. 249 00:16:19,920 --> 00:16:21,740 And his death was shocking to all of us. 250 00:16:22,700 --> 00:16:25,040 But we never, ever verbally abused him. 251 00:16:25,260 --> 00:16:28,800 Did you call him at one in the morning? Yes, but that's the job. 252 00:16:29,200 --> 00:16:32,500 He asked for time off the week before his death. You wouldn't... It was also a 253 00:16:32,500 --> 00:16:33,560 week before the trial. 254 00:16:33,780 --> 00:16:35,520 I couldn't... All right, look. 255 00:16:36,920 --> 00:16:40,740 Mr. Banish, we're not blaming you for Keith's death. I am. Karen. 256 00:16:42,680 --> 00:16:44,080 We're merely saying... 257 00:16:45,710 --> 00:16:50,490 A lot of factors came into play. The pressure of work, the long hours, those 258 00:16:50,490 --> 00:16:52,090 were some of the factors. 259 00:16:53,230 --> 00:16:55,750 We're suggesting you take some responsibility. 260 00:17:01,550 --> 00:17:02,550 Richard. 261 00:17:04,390 --> 00:17:09,430 Listen, I thought about what you said, and while I agree it would be wrong to 262 00:17:09,430 --> 00:17:14,490 politicize this, it's also probably overkill to assemble a big army of 263 00:17:14,490 --> 00:17:16,290 attorneys, so... I'm scaling it down. 264 00:17:17,750 --> 00:17:19,810 You're no longer on the case. We'll have you reassigned. 265 00:17:20,329 --> 00:17:21,569 Thanks for your work thus far. 266 00:17:23,869 --> 00:17:26,510 I'm off the case because I don't like what you're doing? 267 00:17:27,430 --> 00:17:29,810 Again, thank you for your work to date. 268 00:17:36,250 --> 00:17:42,130 First priority, we need to kick the felony murder charge. 269 00:17:42,680 --> 00:17:46,300 If that count stands, all they really need to prove is that Bobby sent Neil to 270 00:17:46,300 --> 00:17:47,300 break into Hinks' house. 271 00:17:47,720 --> 00:17:50,820 It's no defense that he didn't intend for Hinks to be killed. 272 00:17:51,480 --> 00:17:52,800 This count must be dismissed. 273 00:17:53,900 --> 00:17:55,700 Eleanor. I'm already on it. 274 00:17:55,980 --> 00:17:58,200 Second, privilege. This is huge. 275 00:17:58,400 --> 00:17:59,840 We have to go after Neil's credibility. 276 00:18:00,480 --> 00:18:04,080 Unfortunately, a lot of stuff we have on him we learned through attorney -client 277 00:18:04,080 --> 00:18:05,080 privilege. 278 00:18:05,240 --> 00:18:07,060 Now, we need to be able to use it. 279 00:18:07,360 --> 00:18:08,360 Lindsay? 280 00:18:08,540 --> 00:18:09,459 Got it. 281 00:18:09,460 --> 00:18:10,460 Third. 282 00:18:11,020 --> 00:18:12,500 They gave Neil manslaughter. 283 00:18:12,760 --> 00:18:15,640 I'm not sure you can tag conspiracy charges with manslaughter. 284 00:18:15,900 --> 00:18:20,360 Bobby, why don't you research that? There's no reason we can't put you to 285 00:18:21,160 --> 00:18:22,160 Thanks. 286 00:18:22,600 --> 00:18:23,600 Fourth. 287 00:18:26,000 --> 00:18:27,000 This firm. 288 00:18:31,920 --> 00:18:32,920 We're in trouble. 289 00:18:34,240 --> 00:18:37,380 We may be a partnership, but the face of this place is Bobby. 290 00:18:38,030 --> 00:18:40,690 Even if we beat this, our reputation has taken a big hit. 291 00:18:41,310 --> 00:18:44,690 Clients may want to bail on us. Potential clients will be less likely to 292 00:18:45,250 --> 00:18:46,810 I want to retain a publicist. 293 00:18:47,050 --> 00:18:49,510 That could be expensive, but we need to do it. 294 00:18:50,350 --> 00:18:52,650 Also, we have two partners about to have babies. 295 00:18:53,050 --> 00:18:54,050 We need to hire. 296 00:18:54,130 --> 00:18:58,330 As of now, we have a hiring committee. Eleanor, Lindsay, you co -chair. 297 00:18:58,750 --> 00:19:03,250 We have to become as systemized as we can because right now, clients will be 298 00:19:03,250 --> 00:19:05,910 looking for us to fall apart. This organization and me. 299 00:19:06,510 --> 00:19:09,130 This organization will fuel that perception. 300 00:19:10,430 --> 00:19:12,590 Rebecca, Walter Banish is here. 301 00:19:15,110 --> 00:19:16,110 Mr. Banish. 302 00:19:17,110 --> 00:19:18,110 Hello. 303 00:19:19,030 --> 00:19:22,930 Look, I still contest any liability on our part. 304 00:19:23,490 --> 00:19:26,450 But the negative publicity of a lawsuit, I don't want it out there that we're a 305 00:19:26,450 --> 00:19:31,430 sweatshop. So I'm willing to make an offer to make this go away. One -time 306 00:19:31,430 --> 00:19:32,450 offer, take it or leave it. 307 00:19:33,230 --> 00:19:34,230 Okay, what is it? 308 00:19:35,379 --> 00:19:36,379 $500 ,000. 309 00:19:39,620 --> 00:19:40,620 Payable now? 310 00:19:40,820 --> 00:19:42,460 Payable upon signing the release, yes. 311 00:19:43,500 --> 00:19:45,780 And a complete confidentiality agreement. 312 00:19:47,260 --> 00:19:50,100 Well, I will take it to my client and let you know tomorrow. 313 00:19:52,020 --> 00:19:54,160 Thank you. No, thank you. Good night. 314 00:20:07,400 --> 00:20:09,240 You remember my suicide case? 315 00:20:09,580 --> 00:20:11,520 Wrongful death. No merits. 316 00:20:12,000 --> 00:20:13,200 Yeah, it was your friend. 317 00:20:13,900 --> 00:20:15,540 Nuisance change just came in. 318 00:20:16,900 --> 00:20:18,800 $500 ,000. 319 00:20:20,680 --> 00:20:21,680 What? 320 00:20:23,620 --> 00:20:24,740 What are we missing? 321 00:20:32,430 --> 00:20:36,310 I'm not saying the case against him is bogus. It isn't. But there's a lynch mob 322 00:20:36,310 --> 00:20:40,170 mentality going on, which is bogus. They don't really think Bobby ordered a hit, 323 00:20:40,250 --> 00:20:41,390 do they? It doesn't matter. 324 00:20:41,690 --> 00:20:44,610 They're out to get him, and they think he was at least reckless, which is all 325 00:20:44,610 --> 00:20:45,610 they may need to prove. 326 00:20:46,830 --> 00:20:47,830 Helen. 327 00:20:48,310 --> 00:20:50,010 Lindsay. Make it go away. 328 00:20:51,070 --> 00:20:52,990 Lindsay, I'm not sure that... He's not a murderer. 329 00:20:53,630 --> 00:20:54,630 I'm calling in a favor. 330 00:20:55,030 --> 00:20:56,030 Make it go away. 331 00:20:56,210 --> 00:20:57,830 Lindsay, I can't. This is upstairs. 332 00:20:58,210 --> 00:21:01,410 Then take the stairs, Helen. Do whatever you have to do, but make it go away. 333 00:21:41,740 --> 00:21:44,060 I got so afraid that he really might hurt you. 334 00:21:45,720 --> 00:21:50,980 And the reason I didn't tell you is because I knew this is not the kind of 335 00:21:50,980 --> 00:21:52,340 stress you need right now. 336 00:21:53,120 --> 00:21:55,880 Bobby, I'm your wife. 337 00:21:57,840 --> 00:21:58,840 I know this. 338 00:22:03,540 --> 00:22:09,300 What happens tomorrow? 339 00:22:11,790 --> 00:22:14,730 We have a motion to dismiss the felony murder count. 340 00:22:15,710 --> 00:22:16,710 If you lose? 341 00:22:17,470 --> 00:22:20,730 Lindsay, their whole case is the word of a career criminal. 342 00:22:21,510 --> 00:22:23,930 They can't satisfy the burden with that. They just can't. 343 00:22:29,610 --> 00:22:31,030 I've never seen you look so scared. 344 00:22:34,390 --> 00:22:35,390 We'll beat this, Bobby. 345 00:22:36,390 --> 00:22:38,230 We'll put the whole firm on it if we have to. 346 00:22:55,260 --> 00:22:57,900 Fantastic. Yeah, I thought you'd be pleased. 347 00:22:59,080 --> 00:23:02,460 Well, I guess he admits he's responsible after all. 348 00:23:03,120 --> 00:23:05,840 I can't quite believe it, but... Thank you so much, Rebecca. 349 00:23:06,460 --> 00:23:08,880 You have no idea how much I could use this money to. 350 00:23:10,660 --> 00:23:13,840 And I'll get it today, when I sign the confidentiality agreement. 351 00:23:16,400 --> 00:23:18,940 I never mentioned any confidentiality agreement. 352 00:23:20,200 --> 00:23:21,260 How'd you know about that? 353 00:23:21,690 --> 00:23:22,690 Oh, well, I'm assuming. 354 00:23:23,890 --> 00:23:27,250 My husband was a lawyer back... I know how these things work. I'm assuming the 355 00:23:27,250 --> 00:23:28,250 settlement will be sealed. 356 00:23:29,070 --> 00:23:32,010 Well, why don't you fill me in on how things work, Karen? 357 00:23:33,030 --> 00:23:34,590 Or how they're working here. 358 00:23:35,390 --> 00:23:36,390 I'm sorry? 359 00:23:36,450 --> 00:23:39,290 Nobody hands over $500 ,000 after one meeting. 360 00:23:39,550 --> 00:23:43,230 No discovery even. He just says, okay, here's a check. What's going on? 361 00:23:43,470 --> 00:23:44,890 I might ask the same question. 362 00:23:45,350 --> 00:23:49,550 We've been friends a long time, and you tapped into that friendship to get me to 363 00:23:49,550 --> 00:23:50,550 represent you here. 364 00:23:51,639 --> 00:23:55,400 Be straight with me, Karen, or I'll start asking my questions in other 365 00:24:06,800 --> 00:24:13,080 Walter Banish embezzled a lot of money from client trust funds, and Keith went 366 00:24:13,080 --> 00:24:14,080 along with it. 367 00:24:14,220 --> 00:24:16,860 And his guilt, I'm convinced, contributed to his depression. 368 00:24:18,120 --> 00:24:21,420 I went to Mr. Banish and I accused him of contributing to my husband's suicide 369 00:24:21,420 --> 00:24:22,820 and I wanted to be compensated. 370 00:24:24,380 --> 00:24:26,200 So why didn't he just pay you off then? 371 00:24:27,520 --> 00:24:31,040 He said, it sounds like you're accusing me of wrongful death. Perhaps you should 372 00:24:31,040 --> 00:24:33,060 sue the firm and then we'll settle the matter. 373 00:24:34,200 --> 00:24:36,620 He needed to be sued to get his firm to pay the money. 374 00:24:37,220 --> 00:24:40,080 And that's why you insisted I drop a complaint and file it. 375 00:24:40,360 --> 00:24:43,100 So he basically could defraud his own partner. 376 00:24:46,240 --> 00:24:50,570 Karen. This is extortion. I won't be part of it. Excuse me, Rebecca, but 377 00:24:50,570 --> 00:24:52,250 not a part of anything but a legitimate lawsuit. 378 00:24:53,610 --> 00:24:57,390 I went to Mr. Banish, and he advised me I'd have to sue him before he'd give me 379 00:24:57,390 --> 00:24:58,590 a nickel, and I did sue him. 380 00:24:58,790 --> 00:24:59,990 And we've settled the matter. 381 00:25:00,930 --> 00:25:02,450 You have no evidence of extortion. 382 00:25:02,750 --> 00:25:04,030 Carrie! Please notify Mr. 383 00:25:04,250 --> 00:25:05,510 Banish I accept his offer. 384 00:25:11,790 --> 00:25:12,790 By the way... 385 00:25:14,040 --> 00:25:17,100 No need to thank me for the easiest contingency you've ever earned in your 386 00:25:17,260 --> 00:25:20,100 Over $150 ,000 for one day's work. 387 00:25:21,340 --> 00:25:22,340 You're welcome. 388 00:25:32,140 --> 00:25:35,380 There is no legal basis for the charge of felony murder. 389 00:25:35,620 --> 00:25:38,860 Breaking and entering a dwelling to commit a felonious assault is a 390 00:25:38,860 --> 00:25:40,100 predicate to felony murder. 391 00:25:40,340 --> 00:25:44,320 There's case law... To charge the person who did the actual breaking and 392 00:25:44,320 --> 00:25:48,760 entering. There is absolutely no case law charging the alleged accessory with 393 00:25:48,760 --> 00:25:52,460 felony murder. Any person can be charged as an accessory to any felony. Yes, 394 00:25:52,460 --> 00:25:56,540 well, no one ever has under these circumstances. And suddenly, with Bobby 395 00:25:56,540 --> 00:26:00,400 Donald... Even if Bobby Donald did not conspire to kill William Hinks, he gave 396 00:26:00,400 --> 00:26:05,080 Mr. Neal William Hinks '... address and dispatched him to his home mister neil 397 00:26:05,080 --> 00:26:09,860 broke into that home a murder resulting from a breaking and entering is the 398 00:26:09,860 --> 00:26:14,640 exact scenario the legislature had in mind when passing the felony murder rule 399 00:26:14,640 --> 00:26:19,480 there is no evidence that my client was a part of any breaking and entering we 400 00:26:19,480 --> 00:26:23,220 have a statement from the actual killer That would be considered evidence. 401 00:26:23,520 --> 00:26:27,520 Your Honor, they know they can't prove this crime. They can't show intent. 402 00:26:27,780 --> 00:26:32,040 So the prosecution is charging felony murder to circumvent their burden of 403 00:26:32,040 --> 00:26:35,920 proof. Yes, well, unless I'm missing something, that is one of the very 404 00:26:35,920 --> 00:26:37,800 we have the felony murder rule. 405 00:26:38,780 --> 00:26:43,320 To lower the prosecution's burden. If you look at all the cases where this 406 00:26:43,320 --> 00:26:45,960 has been applied... The function of the court is not to look at... There is no 407 00:26:45,960 --> 00:26:48,520 predicate felony to support these charges. 408 00:26:48,780 --> 00:26:53,240 This amounts to selective prosecution against a defense attorney... There is 409 00:26:53,240 --> 00:26:57,400 absolutely no evidence of selective prosecution in this case. 410 00:26:57,800 --> 00:27:00,880 And as for a predicate felony, you've got several. 411 00:27:01,360 --> 00:27:05,000 Aiding and abetting a felonious assault, breaking and entering... Bobby Donald's 412 00:27:05,000 --> 00:27:06,340 wife was being threatened. 413 00:27:07,120 --> 00:27:09,700 He sent Alan Neal to scare Mr. 414 00:27:09,900 --> 00:27:11,340 Hanks, to warn him. 415 00:27:11,620 --> 00:27:17,100 Alan Neal committed a supervening act of murder, and now the prosecution is 416 00:27:17,100 --> 00:27:22,420 using the felony murder rule as a means to get Bobby Donald. That is what is 417 00:27:22,420 --> 00:27:24,700 going on. That's what's going on. 418 00:27:24,920 --> 00:27:28,320 Bobby Donald sent a known killer out to threaten a man. 419 00:27:29,140 --> 00:27:31,880 Is it really unforeseeable that a murder happened? 420 00:27:41,610 --> 00:27:42,610 Did he roll? 421 00:27:42,930 --> 00:27:43,930 Not yet. 422 00:27:50,990 --> 00:27:52,070 I'm sorry, Bobby. 423 00:27:52,690 --> 00:27:53,870 You did fine, Eleanor. 424 00:27:55,450 --> 00:27:56,830 I got my ass kicked. 425 00:27:57,430 --> 00:27:59,630 Let's just admit it. I just got my ass kicked. 426 00:28:00,410 --> 00:28:01,990 He took it under advisement. 427 00:28:03,230 --> 00:28:04,230 Anything can happen. 428 00:28:05,570 --> 00:28:08,750 Listen, I have a little problem myself. 429 00:28:09,850 --> 00:28:14,230 My $500 ,000 settlement, I think it was the result of extortion. 430 00:28:14,770 --> 00:28:15,769 How so? 431 00:28:15,770 --> 00:28:18,890 Well, it seemed my client's husband and the partner of his law firm were 432 00:28:18,890 --> 00:28:20,890 involved in some sort of embezzlement scheme. 433 00:28:21,370 --> 00:28:23,730 Karen, my client, tried to extort Banish. 434 00:28:23,930 --> 00:28:27,510 Well, he basically steered her to sue his law firm so that all the partners 435 00:28:27,510 --> 00:28:29,930 would have to pay her. I was used as a pawn. 436 00:28:30,150 --> 00:28:31,290 You know this for sure? 437 00:28:31,490 --> 00:28:35,630 Well, I know the embezzlement went on for sure. My client denies the lawsuit 438 00:28:35,630 --> 00:28:38,230 anything but legitimate, but it's just, it's too suspicious. 439 00:28:38,860 --> 00:28:40,300 She demands to file a complaint. 440 00:28:40,500 --> 00:28:43,840 The defendant then makes an offer with no discovery whatsoever. 441 00:28:44,620 --> 00:28:46,280 It's just way too suspicious. 442 00:28:47,880 --> 00:28:50,040 And what's your problem? 443 00:28:51,040 --> 00:28:52,220 What's my problem? 444 00:28:52,800 --> 00:28:54,700 You have to ask me what's my problem? 445 00:28:55,020 --> 00:28:57,880 Unless you have proof the lawsuit is bogus, do you? 446 00:28:58,400 --> 00:29:00,720 No. Then accept the offer and be done with it. 447 00:29:01,440 --> 00:29:02,440 Excuse me? 448 00:29:02,670 --> 00:29:05,990 Well, if you do anything to quit a settlement, your client can have an 449 00:29:05,990 --> 00:29:07,110 against us for the full amount. 450 00:29:07,350 --> 00:29:08,810 This is not a money thing, Eugene. 451 00:29:09,050 --> 00:29:10,990 No, it's a legal thing, Rebecca. 452 00:29:11,790 --> 00:29:15,150 As I understand it, you sued under the theory of wrongful death. 453 00:29:15,390 --> 00:29:19,550 The defendant is settling under that theory, except... But it's not that 454 00:29:19,690 --> 00:29:22,710 We do not need to be sued by a client at this time, Rebecca. 455 00:29:26,770 --> 00:29:29,270 Do you have specific knowledge that the lawsuit is bogus? 456 00:29:31,650 --> 00:29:35,110 No. Is your client instructing you to accept the terms of the settlement? 457 00:29:36,390 --> 00:29:39,390 Yes. Then that's exactly what you do. 458 00:29:48,350 --> 00:29:49,350 Fine. 459 00:29:54,390 --> 00:29:55,390 Martin. 460 00:29:55,570 --> 00:29:59,730 Helen. What's with the summons? Oh, all the witnesses are getting them. Even 461 00:29:59,730 --> 00:30:01,130 those we can expect to be cooperative. 462 00:30:01,740 --> 00:30:03,280 Why do you want me to be a witness at all? 463 00:30:03,860 --> 00:30:07,500 Well, Helen, Lindsay Dole is a friend. She asks you to pay a visit to William 464 00:30:07,500 --> 00:30:11,300 Hanks to threaten him. It has no relevance to Bobby Donald's actions. 465 00:30:11,300 --> 00:30:12,860 not, but you'll allow me to be curious. 466 00:30:14,040 --> 00:30:17,840 I'm not going to be a prosecutorial witness against Bobby Donald. I wouldn't 467 00:30:17,840 --> 00:30:19,660 call on you to do anything but tell the truth. 468 00:30:21,100 --> 00:30:25,760 Yes. Well, experience, I'm sure, tells you that even the most neutral witness 469 00:30:25,760 --> 00:30:28,120 finds a way to get in his or her bias. 470 00:30:29,140 --> 00:30:32,050 Meaning? The prosecution of Bobby Donald is outrageous. 471 00:30:33,250 --> 00:30:34,770 You don't want me on the stand. 472 00:30:34,970 --> 00:30:35,970 Trust me. 473 00:30:37,650 --> 00:30:38,650 Thanks for the warning. 474 00:30:39,590 --> 00:30:43,650 When I do call you, I'll be sure to declare you a hostile witness. 475 00:30:51,430 --> 00:30:55,230 The public defender representing Alan Neal is Bernard Shanley. 476 00:30:55,510 --> 00:30:56,870 Two years out of law school. 477 00:30:57,290 --> 00:30:58,650 The DA must love him. 478 00:30:59,070 --> 00:31:00,450 He's young and experienced. 479 00:31:01,050 --> 00:31:04,370 He's got a decent reputation for a kid, but he's a kid. 480 00:31:05,050 --> 00:31:06,430 Where can I find this kid? 481 00:31:06,650 --> 00:31:09,230 P .D.'s office. He's usually at arraignments taking assignments. 482 00:31:09,910 --> 00:31:10,970 Could visit him there. 483 00:31:12,350 --> 00:31:13,450 That's what I think I'll do. 484 00:31:18,490 --> 00:31:21,130 Oh, you two came together, did you? 485 00:31:21,790 --> 00:31:23,310 We came up on the same elevator. 486 00:31:23,550 --> 00:31:24,550 Mm -hmm. 487 00:31:26,190 --> 00:31:28,630 Well, if we execute the documents, I'll give you a check. 488 00:31:29,250 --> 00:31:34,010 Your other partners don't even... We can go in the conference room. 489 00:31:48,610 --> 00:31:49,610 Again. 490 00:31:51,930 --> 00:31:52,930 Mr. Shannon? 491 00:31:53,550 --> 00:31:54,990 Eugene Young. How you doing? 492 00:31:55,470 --> 00:31:57,490 Fine. Good to meet you. Likewise. 493 00:31:57,970 --> 00:31:58,970 Could I steal a second? 494 00:32:01,270 --> 00:32:03,390 All I really want to do is talk to him. 495 00:32:04,290 --> 00:32:05,750 I just can't advise that. 496 00:32:06,150 --> 00:32:07,150 Can I ask why? 497 00:32:07,590 --> 00:32:10,890 Well, until he signs his proffer, I don't want to do anything to screw up 498 00:32:10,890 --> 00:32:11,890 plea. 499 00:32:12,330 --> 00:32:13,650 Manslaughter. 20 years. 500 00:32:15,470 --> 00:32:18,590 Can I ask, why do you advise him to go for that? 501 00:32:19,330 --> 00:32:21,810 Well, they have videotape of his going in. 502 00:32:22,220 --> 00:32:23,220 Audio tape of the attack? 503 00:32:23,480 --> 00:32:28,940 I understand, but his going in proves nothing, and the audio tape... Well, I 504 00:32:28,940 --> 00:32:30,100 haven't heard it yet. I have. 505 00:32:30,480 --> 00:32:32,280 You can actually hear the beginning of the attack. 506 00:32:32,560 --> 00:32:36,140 Even so, can we be absolutely sure how the attack began? 507 00:32:36,540 --> 00:32:37,820 Is it possible Mr. 508 00:32:38,040 --> 00:32:39,040 Hinks rushed him? 509 00:32:39,660 --> 00:32:42,800 Didn't sound like it. Didn't sound like it? Is it possible? 510 00:32:43,560 --> 00:32:45,220 Are you cross -examining me? 511 00:32:45,420 --> 00:32:51,100 Well, I don't mean to, but if there is that possibility... Let's face it, 512 00:32:51,100 --> 00:32:54,820 Bernard. William Hinks was a serial killer. The idea that he might have 513 00:32:54,820 --> 00:32:56,600 kill Alan Neal is not beyond... That didn't happen. 514 00:32:56,820 --> 00:33:01,380 Were you there? Look, what's your point? My point is for you to jump at 515 00:33:01,380 --> 00:33:05,220 manslaughter without so much as considering all these options was bad 516 00:33:05,320 --> 00:33:08,860 Bernard. And if there's any way you can still wiggle out of the plea bargain... 517 00:33:08,860 --> 00:33:09,860 It's a good deal for my client. 518 00:33:10,020 --> 00:33:11,840 Bernard, you're young. 519 00:33:12,120 --> 00:33:15,860 The last thing you need to do is... Please, don't patronize me. I'm not 520 00:33:15,860 --> 00:33:16,860 to patronize you. You are. 521 00:33:17,310 --> 00:33:21,050 And I don't appreciate it. You made a mistake. If it's impossible to at all 522 00:33:21,050 --> 00:33:22,049 it, then... Why? 523 00:33:22,050 --> 00:33:23,090 To help Bobby Donald? 524 00:33:23,390 --> 00:33:24,450 He's the... To help yourself. 525 00:33:25,590 --> 00:33:28,970 It's one thing to be thought of as inexperienced. It's quite another to be 526 00:33:28,970 --> 00:33:30,730 considered a prosecutorial bag man. 527 00:33:31,490 --> 00:33:32,490 Goodbye. 528 00:33:33,130 --> 00:33:34,990 Why do you think they asked for you, Bernard? 529 00:33:37,630 --> 00:33:39,770 The district attorney singled you out. 530 00:33:43,370 --> 00:33:44,370 Why is that? 531 00:33:48,110 --> 00:33:52,110 Look, I'm not trying to beat you up here, but you're a defense attorney. 532 00:33:52,110 --> 00:33:53,230 one of us, not them. 533 00:33:54,170 --> 00:33:55,690 I have to be on my client's side. 534 00:33:56,630 --> 00:34:00,650 Let me at least talk to him. I won't screw up your profit. I just want to 535 00:34:01,070 --> 00:34:02,070 I can't allow that. 536 00:34:02,210 --> 00:34:03,210 I can't. 537 00:34:03,410 --> 00:34:04,450 Just tell me this, then. 538 00:34:05,570 --> 00:34:07,970 Is he going to say Bobby directed him to kill Hanks? 539 00:34:09,070 --> 00:34:12,190 Or will he just say he got the idea that that's what Bobby wanted? 540 00:34:13,150 --> 00:34:14,610 There's nothing equivocal about it. 541 00:34:15,690 --> 00:34:19,889 He will say Bobby Donald hired him to kill William Hinks. 542 00:34:22,909 --> 00:34:25,810 Eugene, we're in. 543 00:34:35,790 --> 00:34:36,830 Be seated. 544 00:34:44,780 --> 00:34:49,199 The first issue, whether a defendant may be charged with conspiracy to commit 545 00:34:49,199 --> 00:34:53,840 murder when the one actually committing the murder is convicted of manslaughter. 546 00:34:54,100 --> 00:34:55,840 The answer is yes. 547 00:34:56,320 --> 00:35:01,600 Prosecutors must be given free reign to plea bargain. This falls within their 548 00:35:01,600 --> 00:35:02,600 discretion. 549 00:35:03,200 --> 00:35:08,720 The defendant's motion to dismiss the conspiracy count is therefore denied. 550 00:35:10,780 --> 00:35:13,780 Second issue, felony murder. 551 00:35:14,640 --> 00:35:17,660 As a matter of law, if Mr. Donald directed Mr. 552 00:35:17,900 --> 00:35:22,320 Neal to break into the victim's house with the specific intent of assaulting 553 00:35:22,320 --> 00:35:27,220 him, Mr. Donald becomes an accessory, and both he and Mr. Neal are guilty of 554 00:35:27,220 --> 00:35:28,218 felony murder. 555 00:35:28,220 --> 00:35:29,740 Whether or not Mr. 556 00:35:29,980 --> 00:35:36,860 Donald actually did instruct Mr. Neal, that is a question of fact, not law, and 557 00:35:36,860 --> 00:35:39,120 it is therefore a jury question. 558 00:35:40,710 --> 00:35:45,370 Accordingly, defendant's motion to dismiss the felony murder count is also 559 00:35:45,370 --> 00:35:46,370 denied. 560 00:35:48,050 --> 00:35:49,290 We are adjourned. 561 00:35:55,810 --> 00:35:57,510 Okay, we go to work. 562 00:35:57,990 --> 00:35:59,330 We get ready to go to trial. 563 00:36:00,030 --> 00:36:03,530 Mr. Young, can we get together? 564 00:36:11,589 --> 00:36:12,589 What's going on? 565 00:36:12,630 --> 00:36:15,470 Lindsay. You have to stop it. You need to calm down. They're going after my 566 00:36:15,470 --> 00:36:18,130 husband. Why are they doing this? You need to calm down. 567 00:36:18,690 --> 00:36:22,470 Look, I've let them know I'm against it, but there's nothing else I can do. It's 568 00:36:22,470 --> 00:36:23,470 out of my hands. 569 00:36:23,710 --> 00:36:25,310 I've never asked you for a favor. 570 00:36:26,090 --> 00:36:28,790 Lindsay, if I could stop it, I would. Trust me. 571 00:36:29,790 --> 00:36:35,030 I think this prosecution is out of line, but on the facts, there is a case. 572 00:36:39,070 --> 00:36:40,330 Why are they doing this? 573 00:37:02,250 --> 00:37:03,250 Okay, listen up. 574 00:37:04,270 --> 00:37:06,170 Nothing happened today that wasn't expected. 575 00:37:07,330 --> 00:37:08,910 We figured it'd go this way. 576 00:37:10,370 --> 00:37:11,370 It did. 577 00:37:12,770 --> 00:37:13,810 Now we dig in. 578 00:37:15,050 --> 00:37:18,970 Eugene, I think, has already demonstrated clearly that he can run 579 00:37:18,970 --> 00:37:21,230 we can be just as strong as ever. 580 00:37:22,270 --> 00:37:28,970 We cannot, cannot, cannot let ourselves become demoralized. 581 00:37:30,330 --> 00:37:31,690 We have to stay. 582 00:37:32,200 --> 00:37:33,200 Together. 583 00:37:33,720 --> 00:37:35,420 And support Eugene's leadership. 584 00:37:36,000 --> 00:37:37,680 I'm afraid I can't do that. 585 00:37:41,060 --> 00:37:45,680 I find Eugene's leadership thus far to be a little frightening. 586 00:37:46,340 --> 00:37:50,900 Aside from being autocratic, his direction to me to look the other way 587 00:37:50,900 --> 00:37:53,680 rubber stamp a settlement I know was illegal. 588 00:37:54,220 --> 00:37:56,460 Rebecca. Bobby, I want to say this. 589 00:37:57,320 --> 00:38:02,120 To all of you, and I know the timing stinks given the situation you're in, 590 00:38:02,120 --> 00:38:03,120 apologize. 591 00:38:03,400 --> 00:38:08,400 But Eugene basically instructed me to go along with extortion, and the reason he 592 00:38:08,400 --> 00:38:09,600 did so was fiscal. 593 00:38:10,360 --> 00:38:13,960 That contingency is something we could use right now. It would be more 594 00:38:13,960 --> 00:38:18,140 expedient, let alone more profitable, to turn a blind eye. Get off your high 595 00:38:18,140 --> 00:38:19,180 horse, would you, Rebecca? 596 00:38:19,540 --> 00:38:20,700 All right. No. 597 00:38:21,340 --> 00:38:24,780 We're up to our necks here. We don't need her preaching. I'll say what I have 598 00:38:24,780 --> 00:38:25,780 say. 599 00:38:26,000 --> 00:38:30,640 You all sat quietly and let Eugene be the leader because his decision -making 600 00:38:30,640 --> 00:38:35,160 was dirty work, and you were glad to let him do it. That settlement was 601 00:38:35,160 --> 00:38:36,160 extortion. 602 00:38:37,540 --> 00:38:39,380 Eugene's okay with it? Fine. 603 00:38:40,120 --> 00:38:44,980 But if his face is the new face of this firm, it's not the same firm I know. 604 00:38:48,740 --> 00:38:51,640 All right, come on. Let's not do this. Not now. 605 00:38:53,540 --> 00:38:55,060 I'm a partner here, Jimmy. 606 00:38:55,580 --> 00:38:56,339 You're not. 607 00:38:56,340 --> 00:38:57,238 All right. 608 00:38:57,240 --> 00:38:58,260 Now that's enough. 609 00:38:59,220 --> 00:39:01,220 We have to stay together now. 610 00:39:13,780 --> 00:39:14,780 Now what? 611 00:39:14,980 --> 00:39:15,980 Nothing. 612 00:39:17,740 --> 00:39:18,740 What do we want? 613 00:39:19,360 --> 00:39:20,380 Let's go to your office. 614 00:39:20,960 --> 00:39:21,960 Lindsay? 615 00:39:39,280 --> 00:39:40,300 They've offered a plea. 616 00:39:41,360 --> 00:39:45,940 Aiding and abetting a felonious assault, two and a half years, one suspended 617 00:39:45,940 --> 00:39:46,940 disbarment. 618 00:39:49,040 --> 00:39:50,040 Right. 619 00:39:50,980 --> 00:39:55,860 What I would like to do is chop that down to one year. 620 00:39:56,980 --> 00:40:01,500 Eugene, cop to... Bobby, we may have a chance at an outright acquittal, but... 621 00:40:01,500 --> 00:40:04,000 All they have is Neil's word. I understand. 622 00:40:04,680 --> 00:40:07,760 And I can argue his motive to lie in exchange for the plea bargain. 623 00:40:08,440 --> 00:40:09,660 The problem is that tape. 624 00:40:10,340 --> 00:40:13,160 What he said to Hinks, that precedes any motive to lie. 625 00:40:13,580 --> 00:40:17,100 Also, it's already playing all over the press about those two cops that got 626 00:40:17,100 --> 00:40:18,820 killed, how you got them killed. 627 00:40:19,160 --> 00:40:24,480 Even if I keep that out of evidence, which I should be able to do, the odds 628 00:40:24,480 --> 00:40:31,360 the jury not knowing about it... If you get convicted 629 00:40:31,360 --> 00:40:34,420 of felony murder, you get life. 630 00:40:35,549 --> 00:40:38,730 Obviously, I'm hoping that won't happen, but the risk... 631 00:40:38,730 --> 00:40:45,310 The risk... 632 00:40:45,310 --> 00:40:51,570 If I could get it down to one year, the disbarment might not have to be 633 00:40:51,570 --> 00:40:52,570 permanent. 634 00:40:53,570 --> 00:40:55,050 You really have to think about it. 635 00:41:10,060 --> 00:41:11,060 I don't believe this is happening. 636 00:41:11,660 --> 00:41:13,760 There's no way I'm bleeding guilty. 637 00:41:14,140 --> 00:41:15,540 Bobby, we're about to have a baby. 638 00:41:18,580 --> 00:41:20,140 I'm not getting life in prison. 639 00:41:21,060 --> 00:41:23,980 It could never, ever happen. 640 00:41:24,220 --> 00:41:26,540 I can't even think straight. It could never happen. 641 00:41:27,040 --> 00:41:28,040 What if you do? 642 00:41:30,200 --> 00:41:36,180 What if... What about self -defense or maybe defense of others? 643 00:41:36,440 --> 00:41:38,380 The threat has to be imminent. 644 00:41:48,520 --> 00:41:49,720 understand how this can be happening. 49957

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