Original subtitles

Previously, on the phone.

Please just get me out.

If I do not, you go into rehab immediately.

She sent a line to start the promotion.

There was cocaine in her body. The baby?

Little girl. Three and a half pounds.

This is unbelievable. Two lovers and they're both dead?

You think just because you got away with it last time, you can get away with it

whenever?

Yes. He has a narcissistic personality disorder.

He commits a crime where it's impossible not to convict him, and the game is

still getting away with it. Well, win or lose, won't this be fun?

Were you trying to wrestle the knife away, or were you trying to kill him? It

went into him during the struggle.

It went in by accident?

How many ways can I say it? We find the defendant, Joseph Herrick, not guilty.

God, she's really getting a personality.

All right, I'm out of here.

Who'd you kill?

Good to see you too, Eleanor.

Have you put on weight?

We're busy, Joey. Who'd you kill?

Very cute. Can't anybody say, hey, good to see you?

Who's that?

Mine. What are you doing here?

You have a baby.

Joey, why are you here?

Why don't we start by asking where I've been for the last three years?

Law school.

Ta -da!

Passed the bar in February.

We're now all learned brothers.

You're a lawyer, and a good one, so far.

Wait, wait, wait. You went to law school, took the bar exam.

It was my therapist's idea.

He thought one way of weaning myself off of killing people was to help others

who did get away with it.

I've got a case now. That's why I'm here.

Case? What kind of case?

Homicide?

I don't slum.

The problem I'm having is this.

I think the kid might actually be innocent.

And as good as I am.

My conscience says I should bring someone else on board with experience.

So, in addition to getting a law degree, you also picked up a conscience?

Drives like new, hardly any miles on.

Seriously, Bobby.

I never admit this publicly, but I could really use some help.

Starts tomorrow.

Tomorrow? Yeah.

I'm ready. I can do this. And I can do it alone, and I'm prepared to if I have

to. But, to be honest, with an innocent kid's life on the line, believe it or

not, I don't want to.

Come on, what do you say?

You? Me?

Ellie?

It'll be fun.

It's like old times.

You're actually helping him?

And you? Come on. I can't resist.

But he's a murderer. We only know that because we represented him. Even so, we

also know he's clinically sick.

Look, the ship has sailed. I said I'd help. Jimmy, it's someone from Brigham

Hospital.

Give me a balloon.

I'm sorry, Jimmy.

Hey, shh.

This is Lucy Hatcher. She works with me.

She also works for Rape Crisis.

You're so stupid.

What happened?

You're gonna be mad, Jimmy.

I'm still... Prostitution?

It was a trick.

You just went crazy. I don't...

I'm so sorry.

Where's your baby?

She's with a friend.

She's okay.

So, what happened?

One of your tricks beat you up?

He raped me.

And then he beat me up.

Yeah.

The sex wasn't consensual. No.

I mean, it probably would have been. I mean, we went to a room, too, but as

as we got there...

He just wigged out. It was like he had this thing against hookers, like we were

evil. I told him to get out, and he rigged me.

Do you think you might recognize him if the police showed you some photographs?

He gave me his name.

I told it to the police.

The body of Jean Homestead was found in an alley off of Tremont Street, a deep

gash in the back of her head, the apparent victim of a mugging.

That's the way it looked, because that's the way that Daniel Carrington wanted

it to look. But that is not the way she died. The evidence will show

overwhelmingly. The defendant drove to the victim's house, murdered Mrs.

Homestead in her bedroom, then drove her body back into Boston and dumped her

into that alley.

The evidence will establish the defendant and the victim were having an

and when the victim tried to end the relationship, the defendant murdered

The homicide rate in this country?

The city, our city, the proud city of Boston, is starting to clot.

And people, people like me, you, are getting damn sick of it.

For one, I'm fed up with exalting civil rights to the point where the criminal

enjoys more constitutional privileges than we do. Enough already.

If a person kills another human being, I don't give a rat's ass whether he

suffers from schizophrenia, substance abuse, an overbearing mother. I say put

the son of a bitch in jail. It's how I feel.

It may be how some of you feel, too.

Certainly how the government feels.

And I salute them for it.

But every once in a while, in their zeal, their haste

to make sure a murder is avenged, They get it wrong and they arrest the wrong

person.

My heart goes out to Jean Homestead's husband sitting there and her son.

We all want to catch the person who killed Jean Homestead.

But Daniel Carrington is not that person.

They've arrested the wrong man.

Jimmy, the police questioned the guy. What's his story? They went back to her

place. He didn't know she was a hooker. After they had sex, she announced she

was. Tried to extort him for $10 ,000. He refused and left. And you believed

that? Jimmy, the examination didn't reveal any vaginal bruising or tearing.

see her face?

You think she did that to herself?

I can't rule out the possibility that she did.

Why? This is a hooker with a drug problem.

Listen. Even if she's telling you the truth, a prostitute takes a man to a

to have sex, then claims the sex wasn't consensual.

I'm not that good a DA.

Both blows came to the back of the skull. The second one, this one, was

It crushed both the skull and the brain stem.

Death likely came instantly.

And did you make any other findings that you find significant?

Several. There were no other bruises, scratches, no skin scrapings under her

nails, no indication of a struggle.

And what did that tell you?

Well, that it's highly unlikely she was mugged or overpowered.

Much more likely she was simply struck on the back of the head.

Anything else?

We found small traces of semen in the vaginal area. We submitted samples for

analysis. They were an exact genetic match with the defendant.

Thank you, Doctor.

First of all, Doctor, let me applaud you on your ability to crunch your

testimony.

So many experts, especially doctors, just rattle on at such technical talk

either boring or incomprehensible.

I salute you, sir.

Thank you.

I probably shouldn't be admitting this, but I can't take issue with a single

thing you say.

I agree with all of it.

So, I'm going to sit down so we can move on.

Oh, I'm sorry.

There is one thing. It is possible for her to be mugged and dragged into the

alleyway without showing any physical signs, such as bruising or fingernail

scrapings? Yes, it's possible.

Excellent. Thanks.

Oh, one other thing.

If my client had had intercourse with the victim several hours before her

death,

semen evidence could still be found, wouldn't it?

Yes. So, it's possible my client and the victim had sex,

she was later hit on the head, and killed by somebody else.

Your findings don't exclude that possibility, do they, Doctor?

No. Thank you.

He raped me. And it would be your word against his.

Do you know who he is?

Russell Mathis.

He's a very prominent lawyer.

He would be perceived to be more credible than a hooker with a drug

I'm not.

There's nothing to be done here.

Maybe not criminal.

I would think Mr. Mathis would like us to go away without any noise.

I'll go pay him a visit, Jimmy.

I'm ending it now.

I can't sleep.

I'm married. And the truth is, you're beginning to frighten me a little.

I just need you to stay away.

That was identified as the voice of the victim?

Identified by her husband, yes.

Where was this message found, Detective?

On the defendant's voicemail.

recorded six minutes past nine on January 17th. And according to the

findings, when did Mrs. Holmstead die?

Her body temperature indicated that she died about 10 p .m. that same night.

Did you make any findings as to where she died, detective?

Our conclusion was that she died in her own bedroom.

There were microscopic blood spatterings on her bedpost as well as the carpet.

The blood matched up genetically to the victim.

We believe she was killed there and then moved.

Any other evidence lead you to this?

We also found microscopic blood splatterings in the defendant's car.

Blood that also belonged to the victim.

Thank you, Detective.

Well, things really look bleak for our side, don't they?

Now, I imagine that's why you arrested my client.

The phone message, the blood splatterings, the affair...

Well, come to think of it, that would be it, wouldn't it? I mean, that's your

entire case.

Blood, phone message, and affair.

Right, Detective?

And his semen.

Right, well, absolutely. Including that would be fair.

Any weapon?

No. Any evidence?

Physical, forensic, testimonial that my client was in the victim's bedroom that

night? His semen. Well, the coroner's already admitted that they could have

love earlier.

Maybe even someplace else.

Do you disagree with the coroner on that, detective?

No. And this blood you're talking about?

Michael's father, sir.

So if you took all this blood and pulled it together, the blood you found both

in her bedroom and my client's car, more or less than a paper cut, detective?

Probably less.

Gee, it doesn't look as bad for us as I thought.

Objection!

Is it wise to be smug, Joey? Oh, Danny.

That was nothing.

That's going on.

Have they offered any kind of plea here?

Second degree?

Flappable. What are you willing to think?

We thought an acquittal would be nice. Yes, besides that.

Danny, would you consider manslaughter?

Joey thinks we can win. This is Joey's first murder trial. Bobby. He needs to

hear that, Joey.

You don't think we can win?

Yes, you have a shot here.

But your lawyer's opinions are colored by his ego. Bobby. This is what you get

for making me second chair.

If you don't already know this, you need to as we go forward.

I've trusted Joey this far. I'm going to keep trusting him.

How is he?

He's good. The jury loves him. It kills me to admit it. Admit what?

Hi, Helen.

You know, I've been having these nasty little hetero dreams of you.

What?

Joey, the blood in the car is a problem. I hope you don't plan to argue paper

cuts. Oh, no. The beloved husband is up next.

He's what you call Plan B.

Wait a second. He has no alibi. It doesn't matter. Do you have any evidence

he killed her?

No. Well, then you don't Plan B, not the widower. Eleanor.

You accuse the husband with nothing to back up the accusation your client...

We'll get convicted.

I agree. Bobby, Eleanor, I recognize that I don't have your experience, but

thing I do know, plan B, that's where the practice of law is delicious.

Mr. Belluti, Mr. Mathis can see you now.

You can close the door, Pauline.

Yes.

It's the conclusion of a rape crisis counselor that she was raped.

She tells me she was raped.

And I believe her.

You believe her?

Your clients set me up, Mr. Belluti.

She had relations only then to tell me what her occupation was. And then she

attempted to extort me. Did she give herself the black eye? Perhaps she did.

assure you I didn't.

Why are you here?

The district attorney's office has to prove its case beyond all reasonable

doubt. In civil cases, as you know, the burden is much less.

She makes for a credible witness.

Get to the punchline.

We settle now or sue you tomorrow.

None of those people would ever know.

On your way out, Mr.

Pelluti, take a glance at the artwork on the walls.

We are a very rich law firm, Mr. Politi. It's a byproduct of having many

excellent lawyers.

Go forward with this extortion.

I'll deploy the attorneys here to destroy both your client and you.

And that's not extortion?

No, it isn't.

Because I didn't rape your client.

You may leave now, Mr. Politi.

I thought maybe Jean was out with friends, though it wasn't like her not

leave me a message.

Finally, around midnight, I began calling some of her friends, and then at

.m., my phone... The police.

Mr. Holmstead, I know that this is very difficult, sir, but did you have

knowledge of your wife's affair with the defendant?

I had learned about it a week before.

And how did you find out, sir?

Jeannie had been in therapy, and her therapist implored with her that she

me. And as a result of your finding out, you... We had some very severe

arguments, ending with a recommitment by both of us to our marriage.

And as for the defendant?

She planned to break it off.

Do you know if she did that, sir? She said she had three conversations,

him that... Objection, hearsay.

Withdrawn. Joey.

Let it in, Eleanor.

No, this is... The objection is withdrawn, Your Honor. I think it's...

thanks.

Would you continue, sir? She said that he was having a difficult time accepting

that they would not be seeing one another again.

Jean even thought that she might eventually have to get a restraining

Why? She was becoming afraid of him.

Did she use that word, sir?

Afraid? Yes.

She was concerned that he might try to hurt her.

Thank you, sir.

Well, now I wish we hadn't withdrawn our objection at all if I knew you were

going to say that, Mr. Herrick.

So, your wife told you the things she'd been discussing with the therapist?

Yes. Has she engaged in any other affairs?

Not to my knowledge, no.

Has she talked to you, perhaps, about being unusually attracted to a younger

man, an attraction that both she and her therapist considered unhealthy?

Mr. Homestead, did she tell you she'd been sexually attracted to another man,

younger man?

Yes. A man that she had once even kissed?

Yes. Sir, do you see that man in the courtroom today?

Yes. Could you identify him for the court, please?

My son.

Her stepson.

Well, isn't this exciting?

Objection. Withdraw.

For how many hours were you home alone before notifying the police that your

wife was missing?

I don't know.

Around five hours.

Forgive me, sir, but I have to ask a question that's on everybody's mind.

Did you kill your wife?

Objection.

Overruled. Obviously. It wasn't over like she said between her and my client.

They found his sperm.

She's clearly lying to you.

She has an affair.

You learn she kisses her stepson. Your son.

Then you find out she's lying and still sleeping with the man she claims to be

afraid of. If it did, she said that. Only you know for sure.

Did you kill your wife?

No.

I did not.

I don't believe you.

Objection! Mr. Herrick. Nothing further, Your Honor.

He doesn't need us, Bobby.

He's not even letting us in on all of his cards.

We're simply sitting in a courtroom as spectators to be impressed, which is

exactly what his narcissistic disorder is all about.

He needs other people to see his achievements in order for him to enjoy

Well, we can't get out now, Eleanor.

We were just talking about you, Joey. Nice little bombshell.

Wasn't it, though?

Why didn't you tell us about it? Oh, come on. It ruined the surprise.

The question becomes, do I let Daniel testify?

Things are going so well. Does he have any skeletons?

Not that I'm aware of. Then he has to testify.

He has to explain the semen. And the blood in his car.

I could rest now. I'd argue they didn't make their burden. Joey, things aren't

going that well.

You need to put him up.

I'll do whatever you want.

But, Jennifer, we're not going to win this.

He's prepared to put an army of lawyers on this.

I think...

We should just let it go.

The man rapes me, and I'm supposed to just let it go?

Mr. Belluti?

Yes.

First, I'm going to deny saying everything I'm about to tell you.

Okay.

I don't know if Mr. Mathis did what you're saying he did.

But there's a junior partner at my firm.

He keeps asking me what's going on.

It's like he's too interested, you know.

I think he knows something.

What's his name?

Like I say, we never had this conversation.

Jimmy, draft a complaint. Move for an emergency deposition to be taken prior

filing the complaint.

Can you do that?

If there's a danger, the evidence could be lost.

This junior partner will have a lot of pressure put on him. You need to get him

in a room now and put him under oath.

File the complaint, counsel. We're happy to do that, Your Honor. I would think

the defendant would seek to explore ways of making this go away before we file,

since filing makes it public record. That kind of threat is evidence of the

extortion. Look, I have the automatic right to depose him after we sue.

We're happy to take that route. Mr. Blutie, don't insult me.

The only reason you're not formally suing is because by doing so, your card

played and you lose leverage.

This thing has a bad stench to it.

But, Mr. Miles, it's not a question as to whether he can depose this lawyer.

This motion only covers timing.

We're even willing to come to your place.

I'm going to allow the deposition.

But, Mr. Belluti, like I say, I don't like the stench.

We had gone to a club.

At 6 p .m.? A little early, isn't it? It was an underground club.

Mostly gay.

But a lot of heterosexuals went there primarily to have sex.

They had sex in the club?

Yes. And you and Jean Homestead went to this club on the night of the murder?

Yes.

Daniel, what did you do there?

We danced.

We made love.

What time did you leave?

Probably around 8 or 9.

I drove her home.

Did you go inside?

No. I dropped her off, then I went home.

You never went back to her house? No. Well, did you receive her phone message?

No, that message was left on my business cell, which she would know I wouldn't

get. That message was left to set me up. Objection. Sustained.

Then what about those microscopic traces of blood that were found in the

backseat of your car?

I have no idea.

She's certainly been in the backseat of my car many times.

Sometimes we even made love there.

Anybody see you and Mrs. Homestead at this club?

I'm sure people did.

No one's come forward.

It's funny how not one waitress, not one bartender, not one patron remembers

seeing you there. It's a pretty crowded place.

Any witnesses to establish that you were home alone the night of the murder?

If there were witnesses, I wouldn't have been alone.

Ever been convicted of a felony, Mr. Carrington?

What? Many years ago.

What, what?

Assault. Assault and battery.

You beat up a girlfriend, didn't you, Mr. Carrington? I pushed her. Pushed

and she was hospitalized with three broken ribs.

Wasn't she, Mr. Carrington?

Did you know about that conviction?

So what? He was only 19 at the time.

It doesn't matter.

That felony was reason enough to keep him off the stand.

They told me to put him on. They didn't know he beat up a former girlfriend.

Well, the jury had to hear his story.

How about you letting us in on all the facts from now on?

Just to help me prepare my closing.

I'll meet you back at the office.

I have no information whatsoever.

What's your relationship with Mr. Mathis?

I work with him. We're both lawyers in the same firm.

You socialize together?

No, we do not.

Were you in the Palmer House Hotel on the evening of April 12th?

No, I was not.

Do you have any information concerning the events involving Mr. Mathis on April

12th? Asked and answered. I will answer it again.

I don't know what you're talking about, and I have no information.

Do you know Jennifer Cole?

No, I do not.

Ever heard of her before?

Only in connection with this lawsuit.

Okay. We're done.

You can go, Mark.

You also, please.

If you go forward with this lawsuit, Mr. Belluti...

This is the counterclaim that awaits you.

Never mind abusive process. There are counts of libel, defamation of

You can't sue me for what I allege in a complaint.

Oh, we will.

And truthfully, I hope we lose the first go -round.

That'll give us a chance to go to the appeals court.

Possibly the SJC.

I hope you like working on this case, Mr. Galluti.

Because for the next three years, you'll have time for little else.

Sorry we're late. We were held up in court and we all wanted to come over

together. What is this? This is an army, Mr. Mathis.

See, you may have thought to yourself, nobody's going to take up the cause of a

lowly prostitute.

But you were wrong.

Jennifer Cole is a friend of this firm.

We care about Jennifer Cole. We stand committed to exercising Jennifer Cole's

rights. I guess what I'm trying to say, Mrs. Mathis, if you've won a war, you've

got one.

You think you're ready to challenge the resources of this law firm?

Do some research.

We've been up against big firms before and beaten them for a lot of money.

A reputation is a terrible thing to waste, Mr. Mathis.

You people are what give lawyers a bad name.

No, lawyers who rape give us a bad name.

Look, we can fight.

Or we can settle this. But like Eugene Young said, if it's a fight you want,

you're in for a big one.

And win or lose, you lose.

$175 ,000.

All conditioned on total confidentiality.

$175 ,000? I think we should take it.

Okay. We'll have to check tomorrow.

Thank you.

Thank you.

Thank you all.

But, Jennifer, listen.

This guy Matthew, if he's capable of rape, we just left him pretty hot.

I don't want you ever going back to the Palmer house.

I won't.

You have a little girl, Jennifer.

She needs you.

The other night, you could have been killed.

You need to start over.

I will, Jimmy.

And not just for her, but for you.

You don't owe me nothing.

I owe you my life, Jimmy.

And I'll never forget it.

She told her husband she feared Daniel Carrington, feared that he might hurt

her, and she's found dead, dead with traces of Daniel Carrington's semen in

Her blood was found in Daniel Carrington's car. Come on.

He previously beat up and hospitalized another girlfriend.

All the evidence in this case points to him. And what's his story? They made

love in a bar?

Nobody saw them in this bar.

Not one patron, not one waitress or bartender.

There was a message from the victim breaking off the relationship. A

To the defendant left one hour before she was murdered.

There is no doubt here, ladies and gentlemen.

Daniel Carrington murdered Jean Homestead.

I certainly understand the theory that Danny did it.

His sperm.

Blood.

Phone message.

Makes perfect sense to jump to that conclusion, doesn't it?

But we don't jump to conclusions in murder trials.

The evidence has to establish guilt beyond all reasonable doubt. Now, have

really done so here?

They certainly didn't rule out that they made love at the club or that Danny was

alone at home.

Let's face it. We really can't rule out the husband, can we?

He had motive.

Opportunity? No alibi.

What about stepson, for that matter?

Any stepson embroiled in an Oedipal affair?

Certainly capable of twisted turns.

Doesn't even stop there.

Suppose Danny Carrington had another lover.

No evidence, to be sure, but they didn't even investigate that.

And is it really that far -fetched?

The other lover?

gets wind of the little session at the club, goes to the victim's house,

threatens her, forces her to make that phone call to implicate Danny. Then he

or she kills the woman, dumps her in the alley, knowing full well who the police

will blame.

He or she even plants that little blood speck in his car.

Now, Danny is the...

Obvious suspect.

Could have been anybody.

Maybe one of you.

Maybe the judge.

Maybe me.

Now, could have been a bonehead stupid murder by Danny or one of the more

perfect variety by somebody else to frame him.

The husband.

The stepson.

A female lover. A big, gay, sick lover. Anybody.

The simple truth is, we don't know.

Certainly not beyond all reasonable doubt.

They sent you with the check?

No, the check is coming by messenger.

May I see you in private, Mr. Berluti?

I'm a man of conscience,

which made yesterday one of the most difficult days in my life.

I lied in my deposition, Mr. Berluti.

I had a hunch.

I don't think you had this particular hunch.

About six weeks ago, I met Jennifer Cole in the Palmer House.

She passed herself off as a young advertising executive.

We got a room, we made love.

After which she informed me that she was a prostitute.

And if I didn't give her $10 ,000, she would tell my wife.

Or cry rape.

Here's a copy of my check.

There's nothing to be done now. Your case is settled.

But these are people with families, Mr. Berluti.

It's difficult for me to stay quiet, knowing she's going to do this again.

Did you kill her? Bobby, I was throwing

out a hypothetical.

I don't think so, Joey.

This totally fits your narcissistic disorder.

The only reason we were at that table was to be an audience for that smile.

You did it, and you wanted us to know you did it. You've been watching too

television. Did you and Danny used to be lovers?

Well, now that you mention it, that's how I got the case.

I'm going to the DA. Oh, please, Bobby, the jury's out.

If we win, you've got nothing to say. If we lose, well, DA's just love.

I'm sure he'll be thrilled to listen.

You think you want to lose.

That's why you put your guy on the stand with a felony conviction.

And that closing? Wait, wait. What was wrong with my closing? It was

Maybe the judge did it. Maybe a juror did it. I also said maybe the lawyer did

it. That part you seem to believe. You killed her. Bobby.

Bobby.

You think I'm evil? You murdered his lover.

Framed him.

Got yourself put on as his lawyer to guarantee he goes away.

But I must say, it does sound worthy of me.

Hi, everybody.

What's the matter?

The name Mark Green didn't ring a bell with you, Jennifer?

You cashed his check?

You did the same thing to him you did to Mathis.

Here's your check.

Take it, walk out of this office, and never come back here again.

These people are rich, Jimmy.

It's expensive, raising a child. The biggest problem your child has is having

you for a mother.

If I hear of this happening ever again, I'll go to the police and to social

services to take that child away from you.

Take the check, walk out, and never come back.

Will the defendant please rise?

Madam foreperson, has the jury reached a unanimous verdict?

We have, Your Honor.

What say you?

In the matter of the Commonwealth v.

Daniel Carrington on the charge of murder in the first degree, we, the

find the defendant, Daniel Carrington, guilty.

We will appeal, Your Honor. So noted.

Members of the jury, this completes your service.

Security, will you take the defendant into custody?

We're hereby adjourned.

Danny, listen, don't lose hope. We will keep trying.

What happens now? Come right in. We're going to start talking about our appeal.

Danny, don't lose hope.

Don't lose hope, Danny. Remember, in the end, it's a good world.

Well, guess you can't win them all.

I can figure out a way to reveal what I know I will.

Certainly you know the allegation that I try to lose a case would be libel, per

se.

Listen, sometimes you have to accept unfortunate outcomes.

All part of being a lawyer, isn't it?

Right, Ellie?

Well, if you'll excuse me, I'm going to go try to dig up some new clients.