Original subtitles

Previously on The Practice.

30 years.

It's not unreasonable, Jackie, for two murders.

The punishment is life, and you're looking at a double life sentence.

Do you see the man who was shooting that day?

It was the defendant.

Let the record reflect the witness has identified the defendant, Jackie Cahill.

This DA, he knows us, and I know him. He is not going to drop the ball. Richard

Bay, in addition to being good, he is pathologically competitive.

He'd want you to get life even if you were innocent.

Is somebody there?

This is simple.

If the case against Jackie Gayhill doesn't go away, you will.

Our client would like to reopen the plea negotiation.

Forty years.

The deal you offered was 30. That was before I had to go to trial. If you

thought I killed two people, what does he think I'm going to do to him if he

convicts me?

If he's not afraid of that, he must think I can't get to him from prison.

Are you going to do something to him if you lose here? He has to think I will.

Why?

Because it's my only chance.

The killer is this man right here.

You're a coward.

And thanks to the jury, you're about to get what you deserve.

Commonwealth versus Jackson Cahill. We find the defendant, Jackson Cahill,

guilty. Bobby, can you start working on my appeal, please?

Jackie, I think you need to get yourself another lawyer.

Got multiple gut shot wounds on the chest?

Got no lung towns on the right?

Okay, you have the neck?

Okay, roll them out.

Let's just stay back here.

Ladies, go ahead and start bagging them.

Sal, strip two ID.

What are you showing on the monitor, Kevin?

Almost a cat.

Okay, let's go ahead and get him up on the gurney.

One, two, three.

Okay,

get a vitals before we move. What are you showing, Kevin?

You want to call it?

Yeah, I got no pulse.

I got brain matter. Let's call it.

925.

You okay?

Yeah.

Maybe she's taking a second chair. Eleanor, go with her.

I think I should check on Helen. Lindsay can check on Helen. We'll let Eugene do

it.

I didn't ask, Eugene.

Well, I'm asking you to ask. Eleanor.

Why can't Eugene do it? It's a murder trial, Eleanor. All right, come on.

can't do murder trials? No, not this one, no. Why not?

Because I'm asking you!

I can second chair.

I'm free.

Let's go.

I guess I'll be going now.

We cleared the area.

Last cell on the left.

Good.

Beat it.

Mr. Donald informs me he no longer represents you.

Then get me somebody else.

I didn't hear that.

Here's the deal, Mr.

Cahill. You're gonna tell me who the shooters are.

Oh, really?

And what are you gonna offer me for this gesture?

Your life.

See... I have a press conference scheduled for 11 o 'clock, at which

going to announce that you've agreed to tell us not only who the Trigger Man

was, but also the names of the people you do business with.

Then I'm going to have you released into the general prison population, and you

will be dead.

Right.

You want to call my bluff?

Hold on.

You got me a lawyer first.

And then I'll consider things.

Manslaughter? If we can agree on sentencing.

They must know I'm innocent.

If they really thought I killed her like they say, they would never offer

manslaughter.

Would they? The offer doesn't reflect what they believe, Wendell.

It only goes to how they feel about the case.

Well, I want to reject it.

I am not saying take the offer.

But you would be risking a life sentence by going to trial. You understand that?

I want to go to trial.

You did everything you could, Bobby. You warned him.

Richard had protection. There was nothing... I'm going to give you some of

cases, okay, Eugene?

I'm going to take some time off, I think.

How long?

Maybe indefinite.

I don't think that would be wise at the moment.

Everybody's trying to hold it together.

We need your leadership.

You took over before.

You did a great job.

There are times when the people here need you.

This is one of those times.

I need time to process this, Ms. Gamble. You don't have the time, Mr. Powell.

Whoever shot Richard Bay might be fleeing the jurisdiction as we speak or

planning to.

Offered good for one hour only.

If there's a deal, I want it on paper with the judge on board. No time. You've

got one hour. This is extortion.

You threatened to hang a snitch jacket on my client.

That's a death threat. Mr. Powell, if you're turning down the deal, then get

out.

Run it by me again.

First, he gets immunity on Richard Bay's murder.

Which we make no admission he had anything to do with. Right. He just

know who did.

And what about his life sentence?

We'll cut it to 20 years.

And how would you accomplish that when the sentence is statutory?

You bring a motion to vacate the verdict, and I support it.

You think a judge would ever sign off on it? If he knows the deal was made to

capture the killer of a district attorney, yes.

You then enter a plea to two counts of second degree. We've run the sentences

concurrently. He's eligible for parole in 20 years.

I'll certainly take it to him. Take it to him now.

And tell him that the general prison population awaits him.

I'll draft the plea agreement and see you in an hour.

When I got to the house, she was lying face up next to the pool.

Mrs. Forsley? Yes. I immediately checked for vital signs, but she was dead.

Was anybody else there?

Mr. Forsley, he was soaking wet. Did Mr.

Forsley say anything to you?

Yes. He stated that he'd just arrived home from work.

He discovered his wife lying at the bottom of the pool.

He jumped in, pulled her out, tried to revive her, but was unsuccessful.

Officer, at what time did you arrive at the Forsley residence that night?

It was at 9 .52 p .m. And, officer, when did the 911 call come in, to your

knowledge? At 9 .41.

I was walking my dog when I saw him arrive home.

Saw who, Ms. Mosher?

Wendell. He pulled into his driveway.

Do you know the defendant?

Yes, he's my next -door neighbor. And you saw him in the car?

I saw him in the car. I saw him get out and walk in the front door.

Are you positive that it was Wendell Forsley?

I'm positive, yes. I was on the other side of the street.

And what time was this?

A little before 8 o 'clock.

I was impatiently waiting for my dog to have his bowel movement.

It was about three minutes to 8 because I wanted to get back inside to see

Boston Public, which starts at 8.

You testified that you know Wendell. Yes, we're neighbors.

How well do you know him?

Well, we've lived next to each other for three years.

Been to each other's houses?

Many times. How would you describe him?

Gentle, kind.

In the three years you've been living next to him, did you ever hear Wendell

his wife argue?

Never. Ever see, hear a witness Wendell become violent in any way?

No.

Ever see him with his wife, Annie?

Oh, many times.

Could you describe that relationship as you observed it? It seemed very loving.

They were both very devoted to each other.

You don't think it was worth crossing her on the time? She was too positive.

Three minutes and counting to Boston Public waiting for a dog to poop?

Did you check to see if they maybe ran that show late that night?

I checked. They didn't. And we're not disputing the time anyway.

But he told the cop he had just gotten home.

He was in shock. He admits he was wrong about that.

It's kind of a big mistake.

Jimmy, he's innocent.

That mistake is the only reason he's on trial.

All of this is conditional. The shooter only. No business associates.

Everybody involved in the shooting, directly, indirectly, or there is no

There's just one guy.

A witness saw a woman driver in the car.

Yeah, that was his mother. She lives with him. If it turns out anybody else

involved, deal is off.

There's nobody else.

What's his name?

Bruce Manning.

He lives at 1412 Columbus Street in the South End.

How you doing?

Okay.

Why are you even working?

I have things to do.

You're giving the eulogy?

One of them.

Seemed like yesterday we were kids in school, doesn't it?

Talking about our dreams.

Now you're married.

A mom.

We've had friends killed.

We're not... kids anymore are we

did

you make a determination

doctor as to the cause of death asphyxiation caused by drowning what led

make this finding doctor the amount of water we found in her lungs and did you

make a determination as to whether this drowning was accidental or not There was

bruising around the victim's neck consistent with her being held

We ruled it a homicide.

Cause of death was drowning?

Correct. And, Doctor, you mentioned bruises around Mrs.

Forsley's neck. Were there any other bruises found on her? There was a slight

contusion on the side of her head. Any idea how she got that?

The head may have scraped the pool when he was pulling her out. Could it be

possible she hit her head before drowning?

It's possible.

Thank you, Doctor.

And is it possible Mrs. Forsley bumped her head, became unconscious, causing

to drown?

With bruises around her neck?

If one were to drag her from a pool by her neck, she could get post -mortem

bruising, could she not? Is that what he's saying? This isn't about what

anybody's saying, Doctor.

I'm asking you as a coroner.

If a drowning victim were pulled from a pool by her neck, could she suffer post

-mortem bruising? I'll say unlikely.

Unlikely. So possible.

Remotely possible.

Captain. Miss Gamble.

Nice to see you again.

I'm sorry about Mr. Bay.

Thank you. Listen, I've made a tentative deal with Jackie Cahill. You've given

me the name of the shooter.

Here's the address now. The problem is there are others in the building,

including his mother.

According to Mr. Cahill, this man won't hesitate to either take hostages or

shoot his way out. My suggestion, you apprehend him outside.

He has a nighttime job.

Reportedly, he leaves for work around 9 o 'clock. This comes from Cahill?

Yes. Evidently, he carries at all times. He's extremely dangerous as he is

volatile, so make sure your men protect themselves.

We'll take him tonight.

Thank you.

I went out to the pool and I saw her.

She was just laying face down on the bottom.

And what did you do?

I jumped in to get her.

I swam down, I pulled her out. I tried to give her mouth to mouth, but... When

you pulled her out, how did you do that?

I first tried to... by the arm, but I couldn't get any leverage.

I remember I grabbed her head to pull her upright a little, then tried to get

her on my shoulder.

Did you ever grab her neck?

I may have. I can't really remember.

How long did it take for you to pull her out?

Well, I was unsuccessful at first.

I had to come up for air.

Then I went back down, and I was able to drag her up.

It might have been a few minutes.

Do you remember what happened?

As you pulled her out.

I remember trying to revive her, and when I couldn't, I called 911.

My wife isn't breathing.

Sir, can you tell me your address? She isn't breathing. She was in the pool.

Where is she now, sir? She's on the ground. I got her out, but she's not

breathing. Oh, she's... Oh, my God.

Is that your voice?

Mr. Forsley.

Yes? Okay.

When did you arrive home from work that evening?

Probably somewhere around 8 o 'clock.

And when did you discover your wife in the pool?

Closer to 9 .30.

So you had been home for more than an hour.

Yes. What were you doing between the time you arrived home and the time you

discovered your wife?

I was in my den doing bills.

So why did you tell the police you had just gotten home before you discovered

your wife?

I don't know.

I must have been in shock.

You stuck by your time story at an interrogation later at the police

Were you in shock then?

Probably. And when you then found out that you had been seen by Ms. Mosher

arriving home at 8, I bet you that gave you a little shock.

Objection. Sustained.

Was your wife a good swimmer, Mr. Foisley?

Yes. In fact, she was a competitive swimmer in college, was she not?

She was.

All right, I noticed that your pool is about 20 yards behind the back door of

your house. Can you see the bottom of the pool from the back door?

No. You had to walk up to look, right?

Right. So, you open the door.

You saw that she was not out there and you said to yourself, gee, I think I'll

check the bottom of the pool.

Objection. Overruled. What made you think she might be at the bottom?

She didn't answer, so... You said you went from your office to the kitchen, to

the pool, rather than first seeing if she was upstairs in her bedroom, rather

than see if she's out in her art studio?

You said to yourself, let me check the bottom of the pool? I don't know why.

Maybe I just had a feeling.

What are you doing here?

I just wanted to monitor, make sure no Fourth Amendment rights are violated

here. How did you get past our checkpoints? I'm a district attorney.

This could be a dangerous area, Ms. Campbell. You said so yourself. If he

out shooting, once in a while... I'll shut down. Keep your distance.

Thank this woman under arrest for felony murder and take her into custody

Just

now

about an hour ago, why were you there?

There's nothing on television, okay, Eleanor? It was either a movie or watch

guy get shot.

You enjoy it, Helen?

It didn't hurt.

Mike?

Why didn't you tell me this was going down?

The man didn't have a weapon. Do you know that, Helen?

It was a cell phone.

It was dark. He made a quick move. From my vantage point, the shooting looked

justified. Well, for mine, it looked like an execution.

You tell the police he'll take hostages, you've got to take them outside.

He'll be armed, he's volatile, he'll shoot.

Protect yourselves.

Is there any other way this could have gone down, Helen?

This was the equivalent of a hit.

I have to take a different legal point of view there, Mike. But you know what?

If it gets out on the street, whack a DA and this is what happens, I can live

with that.

There's going to be an investigation.

Tell me where and when I'll show up wearing white.

What's the deal you made with Cahill?

Tomorrow, we put our doctors in.

Dr. Winters will testify that she could have drowned, that the bruising is

consistent with you pulling her out of the pool by the neck. Dr. Marks will

testify that you appeared to be in shock. They've offered no motive.

I think we're okay.

Back. Mr. Bullock is here.

Now? He says it's important.

Thanks.

This is slightly embarrassing.

You caught the real killer. You could say that, Jimmy, yeah.

What's going on?

Well, it seems your client has an alias.

Why we're just finding this out, I don't know.

But this hoarseness here in my voice is because I've been screaming.

He has an alias. Peter Bryant.

He was arrested six years ago in Indiana for murder.

Charged with strangling his wife.

He was acquitted.

I guess at that point he moved to Boston to make a new life for himself.

When he was 14, he strangled an 11 -year -old girl and a 9 -year -old girl. He

was convicted and served time until he was 21.

He also used to strangle chickens.

Excuse me?

As a youth, he would trespass onto farms and kill chickens.

Hundreds of them.

What's wrong?

There's been a new development.

What? The D .A. found out about three other murders.

Peter.

I was acquitted. Of the last one, not the first two.

Those were juvie. Well, the DA is going to try to introduce them as pattern

evidence. There's a motion scheduled tomorrow.

We're going to fight it, but... Is manslaughter still on the table?

No.

Want to tell us about the chickens?

You killed him?

Mr. Cahill, I'm afraid I'm not satisfied that you turned over all the people

responsible for Mr.

Bay's death.

What?

I did.

Well, it's unfortunate that I just don't trust you.

Accordingly, the deal is off. Your life sentence stands. Hold on.

On what basis do you believe there were others involved?

My gut.

Have a nice life, Mr. Cahill. We have a signed agreement.

I don't believe he lived up to the term.

We're going right to court.

Excellent. That'll sure put the word out that you turned state's evidence.

I guess this is goodbye, Jackie.

You don't think I can hit you from inside? Jackie?

I was still hoping you'd say that.

Prior bad acts in a criminal case are inadmissible. Except when they go to

pattern, Your Honor. He was never convicted of the crime. He was arrested

it, and the two prior murders... Were juvenile offenses, which means, as a

matter of law, they never happened.

Juvie is sealed.

That means we're talking about one prior offense.

One offense does not amount to a pattern. The pattern is he kills wives.

come on. Look, this man borders on being a serial killer he's gonna kill again.

Based on what I'm hearing, I'd say it's a guarantee.

But juvenile records are sealed.

And as for the prior bad acts, I'd be handing him an appeal on a silver

It's not coming in.

So we're just going to pretend for the jury that none of this ever happened?

We're going to finish the case.

Meg, are you all right?

Yeah.

I just...

With

Richard getting killed, the reality of...

The reality of what?

I've been clinging a little to this case.

The idea that we fight for the innocent.

Sometimes, too, you know. And Wendell, I just, I just, I needed him to be

innocent, you know?

Yeah.

Jimmy?

He's gonna kill again?

That's not something to mention in your closing.

It's not even something we should think about.

It's not even something we should think about.

Rebecca. No, no, what the hell are we doing? Is there even any doubt that

kill again? Rebecca!

This is classic contract law, Your Honor. Ms. Gamble

offered a deal. We accepted the terms. She received consideration.

First of all... I'm not finished.

We also have to consider a substantive due process. The government must be

required to give Mr. Cahill the benefit of what he bargained for. He gave over

the shooter, who was shot dead, by the way. For Ms. Gamble to now say, no deal,

that is blatant bad faith.

This woman was a friend of Richard Bay's. She's been on a mission. The

is now dead. Now she's reneging on a signed agreement to get my client, and

should shock the conscience of this court's fundamental notion of fairness.

Miss Gamble?

The deal called for Mr. Cahill to reveal everybody involved in Mr. Bay's death.

Because the shooter was fatally wounded, our investigation of Mr. Bay's murder

has been severely undermined.

As for fundamental notions of fairness, this man put a hit on a DA.

He has since threatened to put a hit on me. I find it unbelievable that a man

who has violated our laws with such brutality, a man that has murdered and

committed acts of depravity, for him now to be seeking the protection of the

law, to be exalting arguments of fairness and due process.

This classic contract law that Mr. Powell speaks of calls for the parties

with clean hands.

I'd ask the court to consider Mr.

Cahill's hands. And I would ask the court to consider Helen Gamble's.

I'm sorry.

Yeah.

I know how close you two were and...

I'm sorry for your loss.

And I'm sorry for being an accomplice in his death.

Bobby, you weren't an accomplice.

There's no more denying that, Helen.

You're a defense attorney.

Yeah.

Magic words, I guess.

To check your conscience at the door.

Are you lost?

You okay?

No.

Every medical expert, ours and theirs, including the coroner,

has admitted that she drowned.

that the bruising on the neck could have been post -mortem, that they could have

been inflicted by my client's attempt to pull her out of the pool.

There is no evidence of any motive.

There is no evidence that Wendell Forsley was violent toward his wife or

other person.

There is no case here, ladies and gentlemen.

Wendell Forsley is only on trial because he seemingly lied.

about what time he got home that night.

But as he told you, as Dr. Winters told you, he went into shock.

He wasn't trying to hide anything because Wendell Forsley had nothing to

He told police.

that he had just gotten home a full hour after he was seen entering the house.

And he repeated this lie during an interrogation the next day.

It was only when he was told he had been seen going into that house at 8 o

'clock that he then changed his story and said, I was in shock.

No sense of time.

Good swimmers just don't turn up at the bottom of the pool with such marks

around their neck.

She was murdered.

She was murdered by Wendell Forsley.

All rise.

Be seated.

I have reviewed the contract entered into by Miss Gamble and Mr. Cahill.

I think Miss Gamble's promises were against public policy.

lived up to or not.

I also believe they could be technically unenforceable under Massachusetts

General Law, Chapter 265, Section 1, which states that only the jury shall

determine the degree of murder.

However, the fact of the matter is, we enforce plea agreements like this every

day.

And Ms. Gamble's deceit, trickery, bad faith, it's also against public policy.

Lawyers who appear at my court do not get to take advantage of technicalities

and bad faith to get out of deals they regret.

I'm therefore honoring the plea agreement.

Mr. Cahill's first degree convictions are set aside.

We enter second degree counts.

And pursuant to the agreement, Mr. Cahill shall be eligible for parole in

years.

Thank you, Your Honor.

However...

This plea agreement is silent on sentencing when it comes to other

as Mr.

Cahill's threat to hit Miss Gamble. We deny that ever happened. Yes. It would

nice for you if you got a trial on that.

But you don't.

For sentencing purposes, I need only find by a preponderance of the evidence

that it happened.

I make that finding now.

To threaten a DA, Mr.

Cahill.

I'm adding 75 years to each of your two counts, sentencing to run consecutively.

So you will now be eligible for parole in 150 years.

Adjourned.

You think you honored Richard Bay in all this?

Do you think that cowboy up there just ratified you? Go away. Richard Bay was a

man of integrity.

He honored his word. He honored the law.

If you'll excuse me, I have to go to a funeral.

Well, I hope you pay tribute to him there.

Because neither you nor that judge did here.

I get the feeling...

You don't really want me to win.

What was your motive, if you don't mind my asking?

I don't know.

Maybe power.

Power?

Just like the chickens.

I'd be holding this little life in my hands.

Fully alive.

Vital.

Noisy.

And one squeeze.

I didn't know I was going to kill Annie.

We were kissing.

We were caressing our face.

And she just seemed so... alive.

Next thing...

Here he's back.

Will the defendants please rise?

Madam foreperson, has the jury reached a verdict?

We have, Your Honor. What say you?

Commonwealth v. Wendell Forsley on the charge of murder in the first degree.

We find the defendant, Wendell Forsley, not guilty.

On the charge of murder in the second degree, we find the defendant, Wendell

Forsley, not guilty.

The defendant is free to go.

Members of the jury, you are dismissed with the court's thanks.

Thank you so much.

I owe you my life.

You need help, Wendell.

I'd go to a therapist. I really would.

The thing is, if they think I'd do it again, they might tell someone and get

locked up.

I can control myself.

I really think I can.

Goodbye.

Richard had the choice of stepping down from a case where the defendant was

threatening his life.

He said to me, how can I do that?

I'm a district attorney. This is who I am.

And that's how he'd want to be remembered.

He was a public servant.

He leaves a legacy of truth, justice, and integrity behind him.

A legacy I've done a lousy job living up to the last few days.

A legacy which has become increasingly difficult for everyone in the criminal

justice system to live up to as of late.

But for Richard, it was easy because his compass always reminded him he

was a public servant.

A lot of people he considered his friends disliked him.

A lot of them happened to be my best friends.

Defense attorneys.

People who come to work day after day fighting for the civil rights of those

have murdered, raped, stole.

People who knew that by fighting for the guilty, they were ultimately protecting

the innocent.

Those people have come to doubt themselves in the wake of Richard's

Richard never doubted you.

He respected you enormously.

Because he knew you too were public servants.

And he'd want you to know that.

He was scared the night before he was killed.

He was afraid.

that the threat made against him might be carried out.

And he said if he should die, be sure to tell everyone he

tried his very best.

We all know that, Richard.

Lying there is a kind man.

A man who saw a crime and tried to stop it.

A man who saw victims and tried to console them.

A man who more

than anything else

was a dedicated public servant.

When our hearts are happy

and our souls are free, let

the new day dawn.

Oh Lord, I pray we'll

never get to heaven again.

Till we reach that day.

It's a day of peace.

A day of peace.

It is the day.