Original subtitles

Previously, on The Practice.

I'm on call from my rape crisis center today. Is that gonna be okay?

I thought you were just in training.

I thought you were volunteering nights.

I finished training this weekend, and I am volunteering nights.

Can I get you anything?

Blanket me.

No! No!

She panicked.

She totally panicked.

Well, you won't do that next time. There's not gonna be a next time.

Maddie, are you Lucy?

Yeah.

Thank you.

Sure.

I'm going to see you at the clinic, right?

I'll be there.

Harlan Bassett to see Eugene Young. Is he available?

Um... Eugene.

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

Besides her being innocent.

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

It's a false ID, Eugene.

Are you certain this is the woman you saw?

I am.

Positive? Yes.

At this time, I would ask that the real Emma Luger please stand up.

I will see counsel in chambers.

Both of you are in contempt.

I didn't know. I told you I would hold you accountable. You're in contempt.

Who's your DA?

Helen Gamble.

You know, I actually really like working with her.

Don't you have a kid to go home to?

I do, and I'm going.

How late are you going to be? Oh, not much longer.

Richard.

Guzman. 18 months.

That's the same offer you made over the phone.

I know.

I came here to make it in person.

What's the matter?

Nothing. I just think you should take the deal on Guzman.

The drugs weren't his. I can't recommend him to take... He won't win this.

You're acting a little odd. Why have you come down here? I'm talking to you now

not just as a DA, Lindsay, but one with whom your firm has a relationship.

Do your client a very big favor and convince him to take this deal.

What is going on? I'm just here to suggest very strongly that he take the

months.

That's all I will say.

The offer's rejected.

Lindsay, please.

tell me more than what you're telling me i can't the offer is rejected

18 months doesn't seem like a terrible offer. He says the drugs weren't his.

Understood, but if your defense is the police planted them when he's got a

prior... Well, first of all, I think I can beat the search.

What if you can't? Will the deal still be there?

I don't know.

Take it.

Take it.

Take it.

Eugene?

I saw you, Eugene.

Very funny.

After the detective, I'll call you to the stand.

You'll make the ID, and then I'll ask you to describe the rape.

Now, I'm going to need you to be as detailed as possible.

Okay, Meredith?

Meredith.

Okay.

Look, I know this is rough, but I'll be there with you. I'll walk you through

this. I don't understand why it's me who has to go on trial.

You won't be on trial.

It's just going to seem that way.

I'll come get you in a few minutes.

Your parents didn't fly in?

I talked them out of it.

The truth is the less people that know me in there, the better.

Meredith, you don't have any shame in this.

I know, but that defense attorney, he is going to blame me. You said that

yourself.

I also said that that's standard strategy in date rape cases.

If you just go in there and stay strong, addicted to the truth, you're going to

be fine.

Thank you for being here.

I would have never made it this far.

Well, you have.

There's just a little further to go.

The stuff wasn't mine.

Ten grams, Manny. You could be looking at a lot of time.

Look, if they're offering 18 months, that tells me the DA knows this is weak.

Maybe he knows the drugs were planted.

I don't think he'd prosecute if he thought that.

Look.

This DA, he seems to be suggesting that something else could be in play here.

Do you know what that could be?

No. Could it be bluffing?

Afraid he might lose his suppression hearing.

It's possible, but I didn't get that feeling.

Why not just try with the motion to suppress?

And if we lose... My concern is the state may pull the plea if they win on

This stuff wasn't mine.

I'm not going to cop to it.

Let's try to suppress. We'll go from there.

Mr. Dole, look,

I basically raised my brother.

He never knew his father.

He's an honest kid, and he's made mistakes.

But he owns them when he does.

Look, what I'm trying to say is, if he said the drugs weren't his, they weren't

his.

I'll do my best, Hector.

Mr. Dole, look, I've done okay for myself.

I have the auto shop and all, but...

Manny.

He's good at school, even.

He's got a chance at college.

I'll help your brother as best I can.

Thank you.

I developed the case. I already settled out with the doctor. I just need... For

$45 ,000.

13 -year -old girl, liver failure.

$45 ,000 seems low. They needed the money. Plus, the drug company is the

pocket here. Well, have they offered anything?

Not yet, but you know how this goes. Things get settled on the courthouse

I expect an offer.

Oh, you do? The girl got hurt bad, Eugene.

Like you say, and these big drug companies, they don't like the publicity

trials. They don't like to set a precedent of settling either.

Now, you said this drug comes with a warning to doctors.

Not proven to be safe and effective on children under 16. Saying not proven

is different from saying dangerous.

I'm telling you, Eugene, there's a case here. They'll settle this.

Okay.

And why do you need me?

Well, my track record in product liability cases.

I don't think I exactly put the fear of God in them.

Now, your case where you took on the EPA, a $30 million verdict.

It was cut down. But you got the verdict.

If I have you guys on board as co -counsel, I know I can chip the

I'll give you a third of my contingency. Harlan, I don't know. Please.

These are good people, Eugene.

Yeah, but every time I sign up with you, I end up getting embarrassed.

That's not going to happen this time.

I've worked hard here.

I developed the file.

I beat their motion to dismiss.

I got it to trial. But you don't think you can win at trial.

That's why you're so desperate to settle.

I just want to be sure they get something.

We had been to a party and he was walking me home.

The defendant?

Yes.

And we got about halfway to my dorm.

When?

When what, Meredith?

Well, first he just started saying...

That he was going to come back to my room with me so that we could fool

What did you say to that?

I think I laughed it off.

I didn't want to be mean, so I didn't really answer him.

And then when we got to my room, we went inside.

You let him in?

Yes.

We were still talking.

And I had some soda in my refrigerator, so we had a drink.

and then suddenly he just grabbed me, and he tried to kiss me.

What did you do then?

I pushed him off.

I mean, we weren't even on a date. He was just walking me home from a party.

And what happened after you tried to push him off?

I think I laughed again.

I don't know to make the situation less awkward, but I told him, no,

it's time to go.

And he grabbed me again.

After you said no?

Yes.

He pushed me onto the floor.

And then what, Meredith?

He pulled up my skirt.

And... He pulled my panties down.

What did you do?

I tried to fight him off.

But he had my knees pinned.

To the floor.

And I couldn't.

And then he wins him.

Forcing himself inside of me.

At any time did you consent to this?

No.

He was raping me.

I was on night patrol when I saw the defendant run the stop sign.

I pulled him over.

What happened next?

As I approached the defendant's vehicle, he made a furtive gesture.

He reached under the seat as if he was going for a weapon.

And what did you do, officer?

Fearing for my safety, I pulled out my service revolver and asked him to step

out of the vehicle.

I then began to search the vehicle for a possible weapon.

Did you find any?

No, but under the driver's seat was a plastic bag containing what was later

determined to be 10 grams of crack cocaine.

I placed the defendant under arrest and advised him of his rights.

You feared for your safety.

That's correct.

After you got the defendant out of his car, what did you do next?

I searched for weapons.

Did you call for backup?

No, I thought I could handle it.

Did you pat frisk?

Actually, I thought the weapon was in the vehicle.

How about handcuffs?

At that point, no.

You were alone, and you left my client unrestrained and unsupervised?

Like I said, I thought I could handle it. While you were searching the

where was the defendant standing?

A few feet behind me, I guess.

You turned your back on him.

while in fear for your safety.

Only for about 30 seconds or so.

Your Honor, we move to suppress all evidence in this case. Officer LeMay's

search here clearly does not fall under the Terry exception.

He has failed to provide any legal basis for a weapon search.

The fact that the defendant made a furtive gesture is not disputed here. If

consider the defendant's suspicious behavior, the time of night, the

neighborhood, a reasonable police officer would have feared for his safety

searched the car.

Perhaps, but the fact remains Officer LeMay failed to conduct a simple pat

frisk. That tells me he wasn't threatened by this defendant, nor was he

concerned for his safety.

I am finding the search to be illegal.

Charges are dismissed.

Thank you. Thank you so much.

Daniel Guzman, you're under arrest. Get your hands off me. Step back, sir.

What's going on here?

Immigration, Your Honor. We're placing this man under arrest. On what grounds?

Violations of the Illegal Immigration Reform and Immigrant Responsibility Act.

What? What's happening?

You're deporting him?

Don't worry, Manny. I'll take care of this. Don't say a word to anybody, okay?

Do not talk.

Where to?

I guess the conference room.

What's going on?

Oh, Harlan Bassett. Yes, I know. What's going on? Eugene and I have a settlement

conference. Here?

Yes. Opposing counsel wanted to have it at my office.

I think because they suspect I don't have one.

Harlan, I can't have our office cluttered up. I will make it all neat, I

Eugene.

I didn't know he was going to bring his stuff here.

What's this case and what's our involvement?

Product liability against a drug company that injured a little girl.

Harland, this guy ponies you up every time. I told him I'd join him for a

settlement conference.

That's all it will be.

Why can't you ever say no to this guy?

Very good question.

You invited my client into your dormitory room, didn't you, Ms.

I didn't invite him in to have sex.

You invited him in, offered him a drink?

A soda.

Had you been drinking alcohol that evening? I had had some alcoholic punch,

And Ms. Danzer, when you say that my client grabbed you and kissed you

your will, you admit that you kissed him back.

Isn't that correct?

I kissed him a little bit, but I wasn't reciprocating. I didn't want to... You

didn't want to what?

Rebuff his advances?

I didn't want to totally hurt his feelings.

But he knew that I wasn't interested. Move to strike.

Sustained. Ms. Danzer, please don't tell us what he knew.

I told him to stop.

I pushed him off of me.

After this incident occurred... It wasn't an incident. It was rape.

After it occurred, did you then call the police?

Eventually. How long after this incident did you call the police?

Three days.

Three days.

I was confused.

Confused about whether you'd been raped?

I wasn't... I was in shock.

I needed to talk to someone, so I went to the Rape Crisis Center to talk to a

counselor.

You met with a rape counselor?

Yes, at the Boston Crisis Center.

Do you remember the counselor's name?

Yeah.

Lucy Hatcher. She's right there.

What did you tell Miss Hatcher?

Objection. Privilege.

Sustained.

Did you become clear that you'd been raped after talking to this counselor?

Yes.

After meeting with this counselor, that's when you decided to call the

Yes.

I'm an American. You were born in this country.

No, but I... I adopted Manny when he was a year old. He was my sister's boy. She

came here from Colombia to get her green card.

She was only here for a month when she was killed in a car accident.

You legally adopted him? Yes, I have all the court papers.

Did you file papers with the immigration service?

Nobody advised me I had to do that.

Okay.

Technically, Manny isn't a resident of this country.

What? Why?

You're not a U .S. citizen.

And because you have a felony drug conviction on your record, the INF has

power to remove you.

They want to send you back to Colombia.

Back to Colombia?

He doesn't even know anyone in Colombia. We have no family there. He doesn't

even speak Spanish.

Something is going on here. I don't know what, but... The drug conviction was

over a year ago.

Why do they want to deport him now?

I thought she wanted to have sex.

She said that she pushed you off. Yes, one second she was pushing me off, the

next she was kissing me. Did she tell you to stop?

She said no a couple times, but... But what?

It wasn't no, like don't.

It was more no, like we shouldn't be doing this.

Well, what was the difference in your mind?

Well, we weren't even on a date. We just met at a party, and I was walking her

home. She didn't...

I felt she wanted to have sex, but was conflicted about it, about seeming

promiscuous. Did you force yourself on her?

No.

I definitely took the initiative, but I thought I was doing something we both

wanted. Now, after you had sex, Mr. Smith, then what happened?

We shared a ginger ale, we talked for a while, and then I left.

Was she crying, or...? No.

Did she seem upset?

No. I mean, she did have some regret, but... What kind of regret?

Well, she just kept saying we really shouldn't have done that and that she's

the type of girl who meets a man and has sex.

But she wasn't angry at me.

She seemed to be more angry at herself.

Did she rip her own clothes?

No, I probably did that.

What about the bruise on her left wrist?

If I did that, I certainly never realized I was hurting her.

So when she said no...

You figured she didn't really mean it, and therefore you took the initiative?

I guess that's right.

So you bruised her wrist.

You tore her clothes off.

She told you to stop.

But in your mind, you figured she really wanted it.

Yes. A lot of women, they don't want to be thought of as promiscuous, so they'll

resist a little, even though they really want you to keep going.

I see.

I think we can end with that answer.

Nothing further.

The witness may step down.

Your Honor, at this time, we'd like to call Lucy Hatcher to the stand.

Objection. This witness has no competence or foundation. This witness

turning point in Ms. Danzer's decision to falsely accuse my client of rape, and

I would like to cross -examine her. Any communication between Ms. Danzer and her

counselor is privileged. Privilege is outweighed by the defendant's right to a

fair trial. Only if Ms. Hatcher is aware of exculpatory evidence. That's not the

case here. Your Honor, that's exactly what I'm looking to find out. This is a

criminal trial. My client faces serious charges.

I should be allowed to explore this issue.

I'll see Ms. Thatcher in Chambers tomorrow morning.

Okay.

You were trying to tell me something last night.

I can't really talk on the record, Lindsay.

Off the record, if you'd like to have a seat.

Six weeks ago, an undercover narcotics officer was shot and killed in the back

room of a Lawrence bar.

Your client was there.

Was he involved?

I don't think so.

But he saw who did it.

The police believe it was somebody Manny used to run with during his drug days.

Basically, your client's a material witness who's not talking.

So this is leverage.

Seems so.

And those drugs were planted in his car to get leverage.

That I don't know.

All I can say, Lindsay, the police are on a mission to get the killer.

You guys caught in the middle.

This is extortion.

All the charges are legitimate.

The motive for bringing them isn't really relevant.

That's why I wanted to settle this quickly, before all this stuff went into

motion. I can't really interfere now.

What's the offer?

If he credibly IDs the shooter, Manny will get an S visa.

He can stay in the country indefinitely.

What if he doesn't know who the shooter is?

He's got a problem.

If rape counselors can be forced to testify, what good will they be?

Perhaps not. Victims will be afraid to talk to me. I just need to know the

details of your first conversation so I can make a determination as to

whether... Why?

How did you help her decide she had been raped?

That's a privilege.

I'm overriding that privilege.

What?

I'm allowing your testimony.

I asked you if there was something you knew that I didn't. I didn't know that

had anything to do with this. If you saw... I didn't. I was there. I didn't

anything. Manny, this is not the time to cover for a friend.

I'm not.

How can they just do this?

They're the INS. With a felony conviction, they can deport a non

you are.

You will be gone.

I can't prevent that.

They're offering you a visa if you cooperate.

You saw it.

Tell me.

I can't. Manny, you're about to be deported to a country where you don't

anybody.

The only person that can help you here is you.

This is lawyer -client, right?

Of course.

You can't repeat nothing, not to anyone.

Of course not.

It was my brother.

What?

Hector's the dealer, Miss Doan.

He run the noddle shop as a cover.

I can't give up my brother.

Why am I here? Well, if we have more of an army, they'll take us more seriously.

You can just sit there quiet.

Look, I do have work to do. They're due here any second. The meeting should take

a half hour, tops.

Do you have a squeal number?

What? Squeal number, a number you'll take.

Well, six figures would be good.

Listen, Eugene, it's probably best if you kind of lead the meeting.

Lead the meeting? Just start things off. You know how your firm is prepared to

try this case. My firm is not prepared to try the case.

You are scheduled for trial next week. My firm doesn't know the case. We will

not be trying it. And if you think for a second... Gentlemen, come right in.

We're all ready for you.

That's John Raverson.

You know him?

Do I know him?

Mr. Bassett? Mr. Bassett.

I did not convince Meredith she had been raped.

She came to the Rape Crisis Center because she knew she had been raped.

Have you ever tried to convince someone to press charges when they hadn't been

raped?

No. According to her testimony, Meredith decided to press charges only after

talking to you.

We talked about the legal definition.

And after hearing the facts, I told her she should speak to the police.

So you gave her the legal definition?

Yes. Are you a lawyer?

No, sir, I'm not.

But you know enough about the law to advise her to call the police?

Enough to give her that option, yes.

Who called the police, you or Ms. Danzer?

Actually, I did.

She was emotionally... You did?

And you told the police that she'd been raped?

No, I told them I was a rape crisis counselor and that I had... You did your

testimony, Ms. Hatcher, that Ms. Danzer came to the conclusion that she was

raped independently of your influence.

I can't really know that, Mr. Taggart.

Well, could she have... The witness has answered she doesn't know.

Withdrawn.

When a person is sexually assaulted, is this something that she gets over easily

with counseling?

Of course not.

In fact, some of these victims carry the trauma with them for a long time. Do

they not?

Some the rest of their lives.

Many are angry. Would that be consistent with your testimony?

Yes.

Have you ever been sexually assaulted, Ms. Hatcher?

Objection. Goes to bias, Your Honor.

I'll allow it.

Have you ever been sexually assaulted?

Yes.

Your dentist molested you while you were under anesthesia?

Yes. And the superintendent at your apartment secretly installed cameras and

photographed you? Your Honor, this has no probative value.

I'm allowing it, Mr. Campbell.

Please sit down.

Truthfully. Miss Hatcher, when you decided to become a rape crisis

it possible that your own anger was in play?

It had nothing to do with that.

Nothing at all?

No.

You've seen the discovery. The doctors have cited reflection as the cause.

Look, I'm not a scientist.

None of us is here.

so it wouldn't make much sense for us to debate liability.

Our client has directed us not to settle.

I suspect your client doesn't really want a trial.

Actually, Mr. Young, in this case, they do.

There's nothing better than a trial sometimes to send the message that you

settle out, and this one presents a pretty risk -free opportunity in their

minds. You're here.

Obviously, you've got a number.

Well, the number, I'm afraid, is zero.

We're here to satisfy ourselves that it's the correct number.

We just beat the EPA for over $30 million on injuries that weren't even as

They beat the EPA, Mr. Bassett. Now, while I salute your last -minute

in signing them up for shock value, we know who opposing counsel really is.

My firm is very prepared to be involved here. This is complex product liability,

and however impressive your talent...

There's no way you could conceivably be ready to try this by next week. Mr.

Bassett will have to lead this charge, whether he wants to or not.

We'll get a continuance.

He's gotten six of them.

The judge indicated this last one was final.

We're very sorry for the young girl's difficulties.

But we maintain our client did not cause them.

Thank you for agreeing to meet with us.

The man who just walked out of this room is one of the top three civil

litigators in Boston.

Are you ready to try this case against him?

How could they just remove a person from a country?

Just because I forgot to file some adoption papers?

They're convinced he knows who shot this police officer.

And what did he say?

He said they didn't see anything.

Can't you go to federal court and try to undo this?

I'm going in this afternoon.

I've scheduled a hearing with the judge.

But if I lose that, they'll take him.

He'll be on a plane to Colombia.

If he did see something, maybe you two can convince him to reveal what he can.

It may be his only chance.

We'll talk to him.

I appreciate it.

I'd gone to the hospital because I had bruising.

From? Having sex.

And the doctor who treated me, I guess he was concerned that maybe I'd been

assaulted. Had you been?

No.

I guess it was pretty rough, but it was totally consensual.

Did you talk to Lucy Hatcher?

Yes. And did you tell her that the sex was consensual?

Yes. And how did she respond?

She tried to convince me that I'd been raped.

She wanted to call the cops.

I kept telling her it wasn't a rape, but she just didn't want to accept that.

Thank you, Cindy.

Yours?

Have you ever needed to be hospitalized after having consensual sex before?

No.

You filed a police report, didn't you?

Because Lucy Hatcher convinced me to.

She's the one who pushed it. The rape counselor.

The woman who you voluntarily talked to about what happened that night.

I wasn't raped.

Yet when a doctor asked you if you wanted to see a rape counselor, you said

didn't you?

Yes.

Nothing further.

The witness may step down.

She was raped, Helen. It was total date rape.

Either she's too ashamed or she's in denial.

I never convinced her to file a report.

All right, Lucy.

Can't you put me back up there to impeach her? I won't do it any good.

The movers will pick up the files by three o 'clock.

Okay.

I could sure use a second chair at the trial if you're interested.

Harlan, I don't know that I do you much good.

I could get you up to speed.

I just can't.

Sorry.

Yeah.

Anyway, I hope you don't mind. I scheduled a meeting here with the

I didn't know how long we'd be tied up trying to settle.

If I could just borrow the conference room for another half hour or so.

Three days later, she cries rape.

After meeting with this Lucy Hatcher, who convinced her to cry rape. A rape

counselor who had been victimized herself.

Who admitted herself that she didn't know whether she influenced Meredith

Danzer's decision to call the police or not.

Meredith told you that prior to her meeting with Ms. Hatcher, she was

about whether she'd been raped.

If the so -called victim is confused, ladies and gentlemen, of course you have

reasonable doubt.

Meredith sought out a rape counselor.

Lucy Hatcher didn't go to her.

Her wrists were bruised.

Her clothes were ripped.

She said no.

She tried to push Benjamin Smith off.

He pinned her legs with his knees and forced himself in her.

That is rape, ladies and gentlemen. It doesn't matter how many days later it is

reported. Non -consensual sex by force is rape.

All these cases involve discretion, and it's an abuse, throwing this kid out of

the country on a year -old drug conviction.

You know we have authority on this matter, Ms. Dole. I'm not challenging

authority. He was adopted at the age of one. He's not from a foreign nation.

He's from here.

It doesn't quite smell right, I grant you.

But the discretion you speak of, Ms. Dole, is very wide.

They're using this to extort testimony.

You cannot leverage deportation. Whatever this country is about, it can't

that. Don't run him up the flagpole as a model citizen. Well, he pretty much is

a model citizen.

Then he should perform his civic duty and tell the government who killed a

police officer. You don't know that he saw anything.

He was in a 12 by 20 foot room. But that doesn't mean... If you're going to be

disingenuous, don't cry foul. All right.

I'm not going to deny the removal petition.

Your Honor, please. It sounds to me like your client's fate is in his own hands,

Counsel.

Get him to accept their offer.

Being in Colombia, it's better than Hector doing life.

What will you do there?

No family, no friends. You can't even speak Spanish.

And Manny, understand this. You can never come back here, not even on a

visa. Maybe I can sneak back in. And if you're caught doing that, you could get

20 years, after which they'll deport you again.

I know you love your brother very much, but this is too big a sacrifice.

My advice, tell the police what you know. I can't.

It would kill my mother.

Losing you will hurt your mother more than... You don't understand.

It would kill.

What are you talking about?

Hector says if I tell, he'll have her killed.

And he'd do it, Miss Dole.

You don't know how ruthless he can be.

Your brother would kill your mother? His mother? He says he would.

And from what I know, and from what I've seen...

I'm not sure he would have.

Will the defendant please rise?

Madam foreperson, has the jury reached a verdict?

We have, Your Honor.

What say you?

Commonwealth v. Smith on the charge of rape. We find the defendant, Benjamin

Smith, not guilty.

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

thanks of the court.

The defendant is free to go.

We're adjourned.

I'm sorry.

You did your best.

And so did you, Meredith.

You were very courageous coming in here.

Thank you.

If there's any way I can help you... Thanks.

I better go.

I never told her to lie or say anything. I knew you didn't.

I don't think I steered her.

I don't think I did.

I'm sure you didn't mean to if you did.

But if you did... It's the toughest part of my job, Luke.

I make up my mind what the right result should be, and I'm tempted to. to steer

my witnesses to accomplish that result.

It's the toughest part of my job to resist that.

It might be a difficult thing for you in your job, too.

Oh.

May I help you?

I'm looking for Harlan Bassett.

Christine, hello.

Hi, Annie.

How'd we do?

Well, didn't get the number I want yet.

Uh, Eugene, this is Christine and Annie Mullen, our clients.

Hello.

Hi, Annie, I'm Eugene Young.

Hello.

How you doing?

I'm fine.

What did we get?

Well, they didn't want to settle at all.

What does that mean?

It means, sweetie, we're going to go to trial.

And you're going to beat them?

Well, it'll be tough.

But, you know... We're going to try, Annie.

Harland?

That drug did this to her?

Every bit of it.

Six months ago, she was completely healthy.

Get your files back into that room.

Yes, sir.

Annie.

You up for a fight?

Yes.

Is there any way to reverse it?

I don't think so.

I'll keep trying.

When would he be deported?

A week, maybe two.

When my sister died, I promised myself I would take care of him.

I would love him as my own.

We've certainly done that.

I'd appreciate it if you would keep working, whatever.

It just came from Annie.

Thanks for everything you did.

Sure.