Original subtitles

Previously on The Practice. Amanda, I'm Lucy Hatcher, a counselor from the Rape

Crisis Center.

How old are you?

11. Good news is we caught him. At least I'm pretty sure of it. I was wondering

whether you'd be able to look at what we call a police lineup.

No, I don't want to see him. I don't think she's strong enough emotionally to

see him.

I really don't. This whole case comes down to eyewitness testimony.

So what, it would be her word against his?

No, we have another eyewitness. A woman saw it from a balcony.

Are you sure about the man you saw?

Yes. He lives in the building. I know who he is. Miss Titter, I smell alcohol.

Have you been drinking?

I've had a few beers.

At the time you saw the rape, were you drinking then?

Two beers.

All I have is an eyewitness who was probably under the influence.

Even with your daughter testifying, I... She's easily shakable, Mr. McGowan.

What are you telling me?

It doesn't look good.

What do you mean, no plea?

He backed out of the deal. He wants to go to trial.

He can't do that.

Unfortunately, he can. Until the plea is entered with the judge, he has the

right... Does this mean she'll have to testify?

It means she might.

You have the other witness.

I can't make this case with Michelle Tritter alone, Howard. You know this.

Amanda will probably have to take the stand.

I will do everything I can to protect her.

Maybe if Michelle Tritter's testimony is compelling enough, we could reintroduce

the idea of a plea.

To spare Amanda from... Look, Howard.

I don't want to be a killer DA here.

You want to call this off? We can't.

He lives in our building.

If he goes free, she's got to see him every day.

He could rape her again. He's that thick.

Do what you have to do to get him, Ms. Gamble.

Try to spare my little girl.

Jimmy. Michelson.

I worked out an installment plan. I know this, but his first payment was due

last Friday.

I'll call him.

I'd appreciate it if you could call him today.

Excuse me.

I'm here to see Robert Donald.

You are?

Kate Littlefield.

Yes, he's expecting you.

Can I get you some coffee or something?

No, thank you. I'm fine.

Right this way.

I bet she stopped some traffic once or twice.

Who is she?

Whoa, whoa. Are you okay?

Yeah, that was no kick, though. Ow.

Are you all right?

Yeah, I'm fine. I'm just... I'm going to sit.

Thank you so much for agreeing to meet with me.

My husband is Raymond Littlefield.

He's been charged with murdering my daughter.

He didn't.

Your daughter, so his stepdaughter?

Yes.

Our attorney, who I consider to be excellent, I'm convinced he no longer

believes in my husband's innocence.

And neither Raymond nor myself, for that matter, feel that it's wise to go into

a trial with a lawyer who's less than sure of the cause. May I stop you?

For the most part, the lawyer's personal beliefs about his client's guilt or

innocence, it rarely matters much.

I guess for our own peace of mind, we'd like to walk into that room with a

lawyer who's truly with us.

I'm also informed an attorney who believes in his client's innocence

puts more pressure on himself.

We'd like the benefit of that pressure.

Tell me about the case. I've read a little, but... My daughter was

death last October.

Some of her blood was found on one of Raymond's golf clubs.

Is that the extent of the evidence?

That and... They claim he had an affair with her.

He didn't.

Is it getting worse?

It's not sharp, but... It's not going away either.

Why don't we just go to the doctor to be safe?

Yeah, that's a good idea.

Come on.

Amanda.

How you doing?

I'm okay.

You're looking so much better.

We might need you to come tell what happened in court.

You said I didn't have to.

Well, that's what we're hoping, and it's still possible you might not have to.

Amanda's going to be there?

Amanda, you will be totally safe.

There will be a lot of policemen and court officers.

What if nobody believes me?

You don't have to worry about that.

Making them believe, that's my job. You just have to tell what happened.

Can you do that?

She's so fragile right now. Is there any way to get a continuance? I'm asking

for one, but this judge is a nightmare with his docket. I can't see him giving

us any more time. She's still in bad shape, Helen.

A week, a month. I'll try.

But if she has to, can she do it?

The question is not so much can she, it's should she.

sticking her in a room with the man who raped her.

She'll see him sitting there in a nice suit, getting called mister by these

authority figures. Then she'll be attacked by the defense lawyer. I

Can she do it?

Can she? Probably, yes.

But try to get her more time.

All the evidence of the affair came from my daughter.

She told her friends this. She told her sister.

And you think she was making it up?

She was very troubled. She would say things to get attention.

Two years ago, when Raymond wouldn't let her go to a party, she threatened to

say that he molested her.

She was getting counseling.

She was pathological, Mr. Donald.

Okay, now, what about her blood on your husband's golf club?

We believe the club was planted.

By who?

No idea.

Raymond had some enemies at work.

Fiona, my daughter, had enemies too. She'd gotten into some drug problems.

Perhaps somebody wanted to kill her, had knowledge of this so -called affair,

and then used it to frame Raymond.

Or perhaps somebody just wanted to frame Raymond to... To what?

Get even.

Who would want to do that?

He was having an affair with a woman, which ended last summer.

Do you think that this woman might have killed your daughter?

I don't even know her.

Raymond thinks not.

The police think not.

How old was your daughter?

Sixteen.

Is this where you're getting the pains?

Yeah, right there.

Could be just ligament strain or muscle spasm.

Could be preeclampsia. Your BP is a little high.

Well, the paternity suit really stressed me out.

There are also trace amounts of protein in your urine. Oh, great.

Eleanor, have you been feeling sick lately?

Had the flu, a cold?

No. Why?

You've got an elevated white blood cell count, which is normal in pregnancy, but

you're high.

I want to run some more tests.

Okay, now you're freaking me out. Eleanor, I know you don't want Ben

he's a personal friend, but I'd like for him to see you.

Is the baby in danger? Not at all.

But I want Ben Gideon to see you.

All rise. The Honorable Abraham Betts presiding. Counsel remain standing.

No need to get comfortable. This isn't going to take very long.

Miss Gamble, your motion for continuance is denied.

Your Honor. I told you, probable cause on this is thin.

The defendant does have the right to a fair and speedy trial, Miss Gamble. Have

you forgotten that? The rape wasn't that long ago.

The longer you wait, the less fresh the memories of your witnesses.

Yeah, thank you for your concern.

You also have my motion to let the child testify via closed -circuit television.

Denied. This trial starts after lunch.

Your Honor, I'd like to be heard on my second motion.

You've been read.

The victim is 11, forcing an 11 -year -old little girl to sit in the same room

with a man who raped her. That's his right.

Confrontation clause.

Face -to -face confrontation if she testifies. It doesn't need to be in the

courtroom. She could testify close circuit. It's not done that way in

Massachusetts, Your Honor. It could be. That's it, Ms. Campbell. You could save

an 11 -year -old girl from needlessly suffering here. That's enough. The law

the law. Your motion is denied.

This trial will start in one hour.

Get your witnesses.

Why is he being like that?

Because he's a judge who cared more about his docket than the emotions of an

-year -old rape victim.

So what now?

Let's start the case, see how it goes.

Maybe I can still get a plea.

And if you can't?

You gave me your word.

Mr. McGowan, let's just see how it goes.

We found evidence of vaginal penetration, lesions, and bruising.

The hymen was broken.

Doctor, were you able to form a medical opinion as to what happened?

Based on the examination, the injuries are consistent with forcible

Any evidence of semen?

No. Any physical evidence other than the injuries that suggests she was raped?

No, but the injury... Thank you, Doctor.

You've answered my questions.

You're up next. 20 minutes.

Oh, God.

Try to relax.

You say exactly what... Michelle, I smell beer.

I had one.

That's all.

Oh, great.

Miss Gamble, I was trembling. My hands were shaking.

Just to calm me.

I'm fine.

You need to be strong up there.

Okay.

Your lawyer is going to come at you.

Just remember, you're standing up there for a young girl.

You need to be as strong as you can.

Okay.

I hate to be plundering. Well, my wife's been screaming at me to go on vacation

anyway.

Files are in good shape.

Defigator reports.

You can use all my exhibits. I can have them messengered over.

What's the matter?

Losing a high -profile case a week before trial, one would think you'd be a

little more upset.

The other cases, Bobby.

He told you he did it.

No, he didn't. He did.

Bobby? You can't put him on the stand and say he didn't do it, since you know

the truth. So he needs a lawyer.

Who doesn't know the truth?

That's what's going on here, isn't it? Bobby, you know too much.

He has denied his guilt at all times.

Uh -huh.

I looked out of my window into the vacant lot and seen him on top of Amanda

his pants down.

She got away and started to run, but he started chasing her.

Who was the man?

Him.

Bruce Wilson.

He lives in the Atom Screen Project with us.

He was running after Amanda.

And she was crying, you know?

Leave me alone?

What did you do?

I ran down to help.

I don't know her very well, but I know her dad's crippled.

I got downstairs.

Wilson was already gone.

So I got Amanda settled down.

She was totally upset and crying.

Holding herself.

You know, down here?

She said that she... Objection.

Hearsay? Excited, Autorin.

Objection sustained.

What did you do next?

I took her to her dad.

But he doesn't have a car, so we took a bus to the emergency room so she could

see a doctor.

And, Miss Tritter, how'd you been drinking that day?

I drank two beers that morning.

But I wasn't drunk.

I drink a lot.

Two beers didn't really affect me that much.

Are you sure you saw what happened?

Yes.

You ran down when you saw the girl being attacked?

Yes. Right away?

That's right.

So you saw the attacker for, what, half a second?

No.

I... A couple of seconds. I had to look and figure out where... You had to look

because the vacant lot, it's about 200 feet from your house, right?

I guess.

And when you got there, the man was gone.

Yeah, he'd run away.

From 200 feet, you watch for a whole couple of seconds, but you're sure that

client is the man?

You're an alcoholic, aren't you, Ms. Tritter?

He did it.

I saw him. You're an alcoholic, aren't you, Ms. Tritter?

Pretty much.

Do you ever lie about how much you've had to drink?

Sometimes.

Does your client ever lie about raping children?

Move to strike.

Sustained. You were drunk that day, weren't you, Ms. Tritter? No.

No? You have a car, don't you?

Yes. Didn't you tell Mr. McGowan that you were too drunk to drive?

I didn't want to put anybody at risk.

But I saw what I saw.

Had any alcohol today?

One beer.

Ever been convicted of a crime?

Once. What was the charge?

Public drunkenness. You were found passed out on a sidewalk.

Am I correct?

Yes.

What have they told you?

Just that I could have some mysterious infection.

Is he holding anything back?

He's an old friend, Eugene. He's not going to lie to me.

I might, if there was money involved.

Benjamin Gideon.

Eugene Young. Nice to meet you. All right, cut the small talk. Just tell me.

We still don't know.

More tests?

You might have something called chorioamnionitis, an infection of the

fluid.

I want to schedule an amnio.

Is it serious?

Could be.

Ben, just tell me, damn it, is it serious?

Eleanor, I'm not hiding anything from you.

We just don't know.

What was your relationship with her?

At first, she hated me because I wasn't her father. She called me step -thing,

but... Then our relationship improved.

How old was she when you two married?

Thirteen. As I became more of a father figure, we had run -ins over discipline.

It probably became a typical father -daughter relationship.

With the exception that she claimed that you slept with her.

She had a history of lying, Mr. Donald.

The more exotic, the better.

This one happened to make her more interesting to her friends.

The bottom line is there's just no evidence of it other than Fiona going

saying it happened.

You said she was getting counseling.

Yes. Has anybody spoken to this counselor?

She told him it happened.

The prosecution plans to call him as a witness.

She lied to him, too.

Okay. Tomorrow I'm going to bring a motion in limine to suppress your

statements. If we win... Can you? We have a shot.

If we win, there's a chance that the affair... The allegation of that affair.

Yes. There's a chance that it'll never come into evidence.

And if we lose?

Our chances get worse.

Now, I have to ask one thing.

I don't mean to be offensive, but... What?

Did the police ever consider you a suspect?

You're asking me if I killed my own daughter Since you had access to both

victim and the weapon. I'm wondering if the police ever asked The night of the

murder I was at my daughter's school at a board meeting And whether or not the

police checked You'll have to ask them

Michelle. I'm sorry.

Why?

Because I'm a drunk.

And I didn't do that girl much good today.

Yes, you did.

I saw the jury looking at me.

Michelle, you stuck to what you saw, and you were incredibly brave.

Is Amanda going to have to testify?

I think she may have to, yes.

I'm so sorry.

I can just feel it, Lindsay. She did it.

What's her motive? To kill her own daughter?

I don't know yet.

Insurance? Frame her husband? I don't know.

I'll find out.

Bobby, don't you have a slight conflict here? I mean, she's the one who hired

you. To defend him.

He's the client, not her.

I'm not so sure.

They both seem to be the clients.

If you're going to undermine her, maybe you should get outside ethics council to

tell you what to do.

How does it feel?

It's where you'll sit.

Where's my dad going to be?

Right over here, the whole time.

And I'll be here too, Amanda.

I'm just going to ask you a few easy questions just so you can get used to

talking up there, okay?

Where is he going to be?

Your father?

No, no, him.

I can't answer that.

I'm not allowed to.

But he'll be in the courtroom, and you never have to look at him except when I

ask you to point to him.

Can you do that?

I can still call it off.

Look, I won't lie.

I think the guy will do it again.

I want him off the streets.

But, Doctor, if you're telling me it would be too detrimental to Amanda... I

think it's too soon.

The thing is, I can't afford to move.

If you've not convicted, he's back in the project.

He's back in our building.

Doctor, I'm worried about the trauma, but I'm also concerned of the lasting

effects.

Her feeling responsible for his freedom should he rape again.

I want to put her on.

You have my word.

If it gets too rough, I will call this whole thing off.

The statements are all hearsay. The prosecution is trying to introduce them

proof. I maintain these would be exceptions to the hearsay rule. How?

If counsel took the time to read our memorandum... I read it twice, Your

The victim boasted of this affair with the defendant.

There's no bragging exception to the hearsay rule.

Hold on.

Am I to understand that the evidence of an affair between the victim and the

defendant... You have nothing independent of the girl's claims.

That's correct.

But if you look at the affidavit from Fiona's therapist, you will see that she

was quite upset when she told him of the affair.

That would qualify these statements as excited utterances and therefore exempt

them from... The affidavit says the victim was emotional.

It never says excited.

Who did the victim make these claims to?

To her sister, several friends, and her therapist.

And when she told her sister and her friends...

What was the tenor of it?

She was essentially boasting about it.

Yes.

We drew a good judge in Hiller. She goes by the law, which gives us a shot, and

she shouldn't take long to rule.

It is hearsay, right?

Yes, but many times judges find a way to let this stuff in. In any event, we

have to prepare.

Jenny, I'd like to talk to you about your sister. Can I do that?

Okay. And I have some more things to go over with you. Can you come by after

lunch? We'll be there.

Come on.

Go see Danny.

Bobby, I just talked to Beck.

According to the probate, when Fiona died, Kate Littlefield became the sole

beneficiary of a $2 million family trust.

Gee, what a shock.

Bobby, if she's our target, she did sign the retainer agreement.

Technically, I think she is a client.

We've got to protect ourselves.

Okay. We're ready.

You can walk in with me, Amanda.

I'll hold your hand.

Amanda.

You just look at me or the floor, nowhere else.

Nobody's going to hurt you in there.

Amanda? Ms. Gamble, are you calling this witness?

Amanda, you need to come up to the witness chair.

Ms. Gamble?

Amanda.

The scramble?

Your Honor.

Commonwealth rat.

Your Honor. You're not calling this witness?

No, Your Honor.

Sidebar, Your Honor.

Chambers.

I should be allowed to cross -examine. I did not call her. She just gave

testimony in that room. She did no such thing. She made an identification, and

you know it, Helen. She looked at him, stared.

She did not take the stand. I didn't call her. She needs an identification,

she waltzes that girl in there to stare at my client without being sworn. I

didn't plan what was going to happen in that room. Oh, please. This cannot go to

the jury. I want a mistrial. Oh, right. Then you'll argue Jeopardy has attached

because we caused a mistrial.

What, so he can walk free to rape another sixth grader?

You don't want to be responsible for that.

Is that what this is, Miss Gamble?

You couldn't make the case, so you want me to take the heat for letting him back

on the streets? I'm not trying to do that.

If what just happened in there was planned, he's right. You are totally

unethical. And if you were surprised, you are grossly incompetent, even for a

government lawyer.

Either way, you're the one to blame for a mistrial here.

You, not me.

We pushed that little girl before she was ready. You especially, Your Honor.

This is what happens. I say what happens here, not you.

Now get out.

Did you believe your sister at all?

No.

She liked to shock people.

And this had a great shock value, sleeping with her stepfather.

All attention would just turn to her.

And you told this to the police?

Yes.

Okay. Your dad, does he have a temper?

Not really.

I mean, he can get mad, but if you're asking if he could have done this, the

answer is no way.

Okay, I have to ask.

What about your mother?

What about her?

She had access to the victim and the murder weapon.

What was your mother's relationship with Fiona?

It was fine.

Could you conceive of her wanting to harm your sister?

No.

For me to help your dad, is there anything you're not telling me?

My mother loved my sister.

She would never hurt her.

Ladies and gentlemen of the jury, Ms. Gamble's

bringing a witness into this room, then changing her mind and deciding not to

call her was one of the sorriest, most reprehensible things I have ever seen on

the bench.

Now, the defendant has moved.

for a mistrial.

That motion is denied.

You are, however, to give no consideration to the victim's behavior

room, not even her presence.

None. The evidence before you is only the testimony of Ms. Tritter

and the testimony of Dr.

Inwood.

Nothing else.

We'll adjourn for 20 minutes, then, Mr. Pashman, you'll begin your closing.

There's no conflict per se. Who you think did it doesn't matter. You're

trying to establish that Raymond Littlefield didn't.

Rebecca, you know what we're talking about.

We might plan B, the wife.

She hired us, and I'm thinking she's a client.

And are you going to do that? We don't know, but it's an option, can we? Well,

here's where it gets murky.

If you tip her off that you plan to go after her, then it undermines the

interests of Raymond. We know it's murky. I want the answer.

Don't snap at me. I just got out of a coma. Look, we need independent counsel

give us an opinion.

In the meantime, if we win on this hearsay issue, we won't need to plan B

anybody. So let's see how that goes.

What about Raymond's mistress?

I'm meeting with her today.

How's she doing?

Okay. She feels pretty good.

What about emotionally? How's she holding up?

She's scared.

All they have to identify my client, all they have is the testimony of an

admitted alcoholic who says she saw it for a couple of seconds from 200 feet

away while she was drinking.

That's it.

A two -second ID from 200 feet away.

From a woman who was too drunk to even drive at the time.

Was there any physical evidence linking this crime to my client?

No.

Any DNA?

No.

A hair?

A fiber?

Secretion of oil from a hand?

A fingerprint?

Nothing.

The say -so of a drunk at 200 feet.

That's the prosecution's entire case.

Beyond reasonable.

Doubt. Sometimes the strength of a prosecution's case can't equal the

a crime.

An 11 -year -old girl was raped.

It would be nice to have DNA.

11 years old.

With the idea that a rapist could be put back out there to rape more children,

I'd love to have more eyewitnesses than I do.

But as it is often the case, when rapists abduct 11 -year -old little

drag them off to rape them, they look for secluded areas where there's less

chance of being seen.

And most rapists, they're not seen.

But this rapist was seen.

Michelle Tritter told you exactly what she saw, and her testimony is

uncontroverted.

She bravely got up there.

Under attack, being called a drunk, and she bravely told you what she saw.

Now, the defense talked about all the evidence we don't have.

Why is that?

It's because they know what we do have.

The medical evidence, the eyewitnesses' evidence, is more than enough to

convict. Ms. Tritter's not perfect.

No eyewitness ever is.

But if you believe her, then you know what happened here.

Bruce Wilson was doing exactly what Michelle Tritter saw him doing.

He was raping Amanda McGowan, 11 years old.

It's not a question of whether we've proved it beyond reasonable doubt. We

proved it beyond any doubt.

The day his daughter was raped, Howard McGowan asked me if I would get the man

who did this.

I told him I couldn't really do that.

But you can.

Do you realize my little girl is already bigger than this guy?

Then I'd go straight C -section with all I can say.

I'll take her any way she comes.

Yay. She can stay. Just tell me.

You really want to know?

You really want to live?

Tell me.

Lab results are normal, including the repeat CBC.

Meaning?

Meaning we need the bed and you're starting to bug me. So go home.

I'm okay. The baby is okay.

Crisis averted.

Be seated.

I have reviewed the prosecution's proffer as well as the declaration of

victim's therapist.

The right to confront one's accuser, the right to cross -examine prosecutorial

witnesses, these are fundamental principles to our criminal justice

The statement made by the victim that she was having an affair with the

defendant...

These are out -of -court declarations being offered for the truth of those

declarations.

They constitute hearsay.

They are inadmissible, and they will not be entered into evidence for the

purpose of this proceeding.

We are adjourned.

Well, congratulations. You now have an excellent chance at freedom. What

now? I expect the DA will be calling me to strike a deal. All they have now for

evidence is the victim's blood on your golf club.

And they can't make reasonable doubt on that.

Are you accusing me of murder, Mr. Berluti?

I'm doing no such thing.

I'm just interviewing everybody who could conceivably have a grudge against

Raymond Littlefield.

You two were lovers. You broke up three months before... If I were going to kill

somebody out of anger, wouldn't I have chosen him?

I'm not saying you killed anybody. I'm just... You're looking for somebody to

point the finger at to create reasonable doubt.

I'm a lawyer myself, Mr. Berluti.

And I'm more than familiar with the tactics employed by your firm.

Okay.

As somebody who knows Mr. Littlefield, do you think he's capable of committing

this crime?

No.

Who's your suspect?

Have you looked at his wife?

You think she would kill her own daughter?

I think anybody's capable of swinging a golf club in a fit of rage.

Why did you and Mr. Littlefield end your affair?

His wife found out about it.

The defendant will please rise.

Mr. Foreman, the jury has reached a unanimous verdict.

We have, Your Honor.

What say you?

Commonwealth v.

Bruce Wilson on the count of rape of a child under 12.

We find the defendant, Bruce Wilson, guilty.

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

thanks of the court. Security, please take the defendant into custody.

We'll see you on March the 20th for sentencing, and we're adjourned.

We'll need a victim impact statement from you and Amanda.

A scandal.

Go see your daughter.

You look ready to dance.

Actually, I am.

As blown away as I feel.

What's up?

Well, when I called you, I was prepared to offer manslaughter.

Then... What?

DNA analysis came up from Baltimore.

There was some contaminated blood on the victim near the vagina.

We've identified the contaminant.

It was a trace of semen.

It genetically matches your client.

We're as shocked as you.

If you need more time to prepare, we'll of course agree to a continuum.

Don't lie to me.

It can't be right. It's pretty much a scientific certainty, Raymond.

It will now be able to prove you were there and you had sex with her.

The game is over, Raymond.

If I have any chance... Any chance at all of saving you from a life sentence,

you have to tell me how that seaman got there.

You're screwed.

I didn't kill her, Mr. Donald.

Whatever else might have happened between us,

I did not kill her.

Oh, my God.

And it took them till now to identify it?

Evidently, it was contaminated.

Now they're sure it's his semen.

Unbelievable. How old was the stepdaughter?

Sixteen. What a pig.

Are you ready for your soup? You have to eat now.

Yes, but I have to go to the bathroom first. And it needs more salt.

How do you know?

Because your soup always does.

And who makes soup for breakfast anyway?

Get your own nerds, one who can fry an egg.

I can scram wigs. Fantastic.

Kids aren't innocent anymore, Jimmy. These days it's all about... Eleanor!

Eleanor! Eleanor!

Oh, God. Eleanor!

Eleanor! Oh, Jesus.

Oh.

Yes, it's an emergency.

We got a woman, eight months pregnant, unconscious.

Is she breathing? Get an ambulance. We need an ambulance now.

466 Milbury Street, apartment 11B.

Get it here now.

Eleanor.