Original subtitles

Previously on The Practice.

My name is Hannibal Lecter.

You plan to argue insanity?

You murdered and ate three people, Mr. Lecter. I didn't kill them.

The other man killed them.

What other man?

He has never denied consuming the victims, but it's always the other

stabbed the girls.

What do you think?

I don't know. All I am sure of is as crazy as he may be, he is not stupid.

Hello, Clarice. Oh, brother.

Does Bobby know?

Does he know what?

That you're in love with me. When you saw these women murdered by this other

man... I gave the police a partial description. I told them where he kills.

Instead of persecuting me, you should be looking for him, especially since he's

planning to kill Clarice.

I got stabbed two years ago.

I got stabbed, Bobby. A man stuck a knife into me three times. I have never

back to being okay, no matter how much that you insist that I have.

We find the defendant, Lawrence O'Malley, not guilty.

Thank you, Bobby.

Clarice.

What about entrapping him?

We've thought about that. The thing is, it's not like the guy hits off and he's

killed three girls in two years.

What about using me? Are you crazy?

I'm going crazy, Bobby. The longer she stays out there calling me on the

phone... There's no way to protect you. So what, I just go to bed every night

consoling myself that one day they'll finally get him? You will not be used as

bait for a serial killer. It wouldn't work anyway, Lindsay. The guy's too

for that.

Well, come up with something, Helen. I am not going through this again.

What I'd like to do is get him civilly committed.

Can you?

It'll be tough, especially since he was acquitted, but we can try.

Lindsay, I need you to testify against him to help convince the judge he's not.

Fine. Time and place, I'll be there.

We'll pick him up tomorrow, but again, it's a real long shot. Just get him.

And if he resists, shoot him.

What do you mean it's lost? The findings aren't lost. It's the rape kit itself.

Who lost it?

We don't know.

We thought it had been sent to our lab, and we were waiting for the results. We

called them again today, and they told us they never even received it.

Do your storage records show it was sent out? No.

Your Honor, since we were not afforded the opportunity to conduct our own

the DNA evidence has to be excluded. You can cross our technician.

It's not the same as doing our own tests, and you know it.

I can't let it in, Miss Gamble. Your Honor, they weren't even serious about

doing their own test. Why did they wait to the eve of this trial? We're serious

about it now.

This is amusing to you, Eugene?

Counsel, if they didn't get access, the DNA evidence is excluded.

So what'd that mean?

It means their whole case now is the victim's ID.

Let's not get cocky.

At probable cause, she was pretty convincing.

But at least now they're offering a plea.

Yeah, what is it?

15 years. Oh, no way, man.

Third strike, Jerry. If convicted, you get life.

All right, look.

I got a twin brother.

Spore we put him at the table, let her identify him.

That's reasonable doubt.

We can't do that.

Rape victims supposed to be shaky.

That's what I hear.

Let's go to trial.

And Eugene, don't.

Hold back on this bitch.

You lost the evidence?

Kelly, we can still win.

How? Well, right now it comes down to your word, which is very compelling.

You don't look so sure, Helen. Look, I'm completely prepared to go forward, but

I'm also prepared to go back and off for eight years if you think... Eight?

It's a conviction. It takes him off the streets. Besides, a trial could be very

unpleasant.

Eight is not an option.

Not for what he did to me.

Okay.

I'll see you in the courtroom, Division 3.

Okay.

You get him yet?

Noon, I'm going on the ride personally to make sure things aren't any more

unconstitutional than necessary.

Helen, is it possible to do this without Lindsay testifying? She's not in very

good shape. Bobby, even with Lindsay, this is a long shot. We need her to say

how afraid she is of this guy.

Otherwise... Anything he said to her, I was there for. I can provide. We need

her.

Look, I'm not going to bother picking him up if I can't count on her.

I was opening my apartment door, and as I opened it, I was suddenly shoved

inside and then knocked to the floor. Do you see the person today who knocked

you to the floor?

Him. The defendant.

Are you sure this is the man, Miss Fairbanks? I'm positive. That's him.

What happened next?

He closed the door, and he told me if I screamed, he would kill me.

He then...

pulled his pants down, and he started to climb on top of me.

He pushed my skirt up, and I tried to get free, and that's when he punched

me. Where?

In the face.

I took my key, and I tried to gouge him. I got him behind the ear.

And then he hit me three or four times, and I kind of lost consciousness.

And the next thing I was aware of, he was ramming himself into me.

Are you absolutely sure this is the man who raped you on the evening of

March 11th?

I am absolutely sure. I have nightmares about his face. I try to get his face

out of my mind, but I can't.

That's him.

That's the man who raped me.

Thank you.

When the police arrived, you said you could not approximate the suspect's

or build.

I saw his face very clearly.

You said he had no facial hair. At the time of my client's arrest, he had a

mustache. I evidently didn't see the mustache, but I saw his eyes and I

recognized them. You told the police you gouged him behind the ear, drawing

blood.

Are you aware that they found no scratches or marks on my client?

I thought I drew blood.

But the blood on my hand and key turned out to be my own, I guess.

You guess.

Did you describe for the police the clothing the assailant was wearing?

No. You were knocked unconscious during the attack. Is that right? After the

rape. I was conscious during the attack.

Well, you testified when he punched you three or four times before the rape. You

kind of lost consciousness.

Are you now changing that testimony?

I kind of lost consciousness.

But I was conscious for the rape, and I saw his face exactly.

Except for the mustache.

Yes.

When you were suddenly grabbed and dragged into your apartment, did you go

a little shock?

If you're asking, did it compromise my capacity to observe? No.

I'm asking, did you go into a little shock?

Yes.

Compromise your capacity to observe? That's legal terminology.

Are you a lawyer?

No. Those were your own words.

Compromise your capacity to observe.

Did Ms. Gamble use that term with you?

Objection. Sustained.

Did the district attorney have concerns about your capacity to observe?

Objection. Sustained. Thank you, Ms. Fairbanks.

If he doesn't come out soon... Between 12 and 12 .30, every day, like

He'll be out.

If this goes before Judge Cook, she's... It's not going to go before Judge Cook.

His expert witness doctor said stress and anger would make the other man

Maybe he'll wig out, give us something we can use.

Are you telling me we should rough him up? Oh, God, no.

This has got to go clean. We're on shaky ground as it is.

I'll try to bait him a little, see what I can get.

There. Okay, move in.

Police! Lawrence O'Malley, stop!

Mr.

O'Malley, you need to come with us, please.

What's going on?

We want to check your cholesterol. You've been eating too much red meat.

Remember me, Hannibal?

Didn't we have relations?

We're going to have relations now. You're going for a nice little stay to

Rubber Room Lodge.

I was acquitted.

Oh, I must be looking for the other man.

Why don't you send him out so I can talk to him?

Do you think I'm an idiot?

I can see from your expression I've pissed you off.

Those other girls pissed you off, didn't they, Hannibal?

Time for the other man to come out and take care of business.

I need to call my lawyer.

Take him.

Helen's not handling it? She's in trial, plus she could be a witness, so...

Who's doing it?

State Attorney Michael Scannell. Helen says he's good.

Lindsay.

I think you need to see somebody.

See somebody?

A shrink?

Yeah. What, it's unhealthy for me to be on edge? Of course not.

Which is why you need to talk to somebody. I'm talking to you.

Lindsay, you are the most rock steady person I have ever met.

Don't worry.

I'm going to get some references.

And then maybe we can see somebody.

Sure.

I was at home.

All night?

After 6 o 'clock.

I got to be at work at 5 a .m., so I don't go out on weeknights.

Well, Mr. Cochran, it seems that... Sign by, Your Honor.

I'm sorry. The inadmissibility of the DNA evidence aside, Mr. Berluti knows

the results are, which means he knows the witness is lying here.

I do not know those results to be accurate.

That's why we wanted to do our own test, which we couldn't since the

Commonwealth lost a rape case. Oh, come on.

Our client claims he was home alone.

I do not know that claim to be false. And I'm entitled to put him up here to

tell his story.

Mr. Belluti, you're full of crap.

Technically, I can't stop you.

Step back.

Mr. Cochran, you sat here this morning and heard Miss Fairbanks identify you as

the person who raped her.

She got it wrong.

Look. I'm no saint, but I don't rape people.

You got it wrong.

Objection. Don't address the victim, sir.

I didn't do it.

As God is my witness, I'm innocent of it.

You held up a convenience store with a gun six years ago.

Was God your witness that night?

I already said I ain't no saint, but I don't rape.

But you are a convicted armed robber.

Yeah.

Mr. Cochran, have you ever been convicted of assaulting a woman?

Yes. And Mr. Cochran, do you go to a bar known as Jasper's? Sometimes.

Sometimes. Well, if I have witnesses that would say you frequent it two to

times a week, would they be lying?

I go there sometimes for a beer.

Weeknight? Yeah, but I go home early.

So your testimony that you don't go out weeknight, that wasn't accurate, was it?

I should have said I don't stay out late.

On weeknights.

I see. And this particular weeknight, you didn't go out to Jasper's at all,

you? No, I was at home.

Straight home where you were seen by whom?

Nobody. I was at home alone, like I said.

So the only person who saw you that night was Callie Fairbank.

No, she got it wrong.

Oh, she got it wrong.

Objection. Yes, she did.

Overruled. You raped her. Almost killed her.

Objection. Sustained. Now you're lying about it. I'm not lying. I see.

You beat up women.

You're an armed robber, but you're not a rapist. You go out several nights a

week to Jasper's. But the night Kelly Fairbanks was raped, you just happened

be home alone.

That's your testimony.

Yes.

I don't rape.

You didn't protect me.

Jerry. You let her go off on me. Calm down. You're pulling punches in there,

Eugene. I ain't pulling no punches in there, and I'm not pulling them with

We gotta plead this out.

What? Jerry, if we lose here, your third strike, you're gone for good.

It's too risky not to think about pleading.

Okay.

Okay.

I got a twin brother.

He gonna pay you a visit.

Why? Because he is.

You just listen to what he got to say.

Your Honor, this is an outrage.

Lawrence O'Malley was acquitted. The state doesn't like that result, so

seeking to lock him up civilly.

It's a blatant end around double jeopardy, not to mention the

And it offends every notion of justice.

This isn't about locking him up for a crime.

Yes, it is.

And don't offend my intelligence or the integrity of this court by pretending

that... If Ms. McConnickle could climb down from her soapbox for a second... I

have every right to be on a soapbox. This is a despicable abuse of police

I'm inclined to agree, Mr. Scannell.

You lose at the criminal proceeding, so you simply try to incarcerate him

civilly.

That doesn't violate double jeopardy. He was acquitted of murder. He

nevertheless professes to be Hannibal Lecter.

He eats people.

How can this court or any government institution that purports to safeguard

public allow him to just... Has he threatened anybody?

Yes. His own former lawyers are afraid of him. They're here to give testimony.

Let them get restraining orders if they feel... It's not that simple.

Your client is sick.

So let's help get him treatment then.

You're seeking to throw him into an asylum and lock him up. All right, look.

It smells pretty bad, Mr. Scannell.

The government didn't even try this with O .J.

I'd like you to hear from Lindsay Dole, Your Honor.

And perhaps from some of Mr. O'Malley's own doctors.

Those doctors were hired by the lawyers for the purpose of building an insanity

defense. Okay, Ms.

McConnickle, the court notes your outrage.

Mr. Scannell, I am not leaning your way.

But I'll let you call your witnesses.

Nine o 'clock tomorrow.

Until then, Mr. O'Malley stays in custody.

We are adjourned.

Clarice?

Lawrence. What are you doing, Clarice? Come on, Lawrence. Don't talk to her.

All right, sir.

You were with your brother?

Not for the entire evening, but I was at his apartment from about 8 .30 to 10.

That's kind of convenient.

If it is true, why have you waited until now to come forward?

Why didn't your brother tell us this?

I'm an oncologist, Mr. Young.

I have a fairly distinguished career. I have a family.

If I were to testify in this trial, I'm afraid the public association would...

My brother was respecting my wishes, but he now tells me that he could lose.

And in good conscience, I can no longer stay silent.

You close to your brother?

Yes, I am.

And you're asking us to believe you sat quiet on an alibi because being

associated with your brother would hurt your career.

That's correct. And that your brother was willing to let you stay quiet and

life in prison rather than blemish your career.

Wow. I was at his apartment between 8 .30 and 10.

We can't put somebody up there to commit perjury, Dr. Cochran. I won't be

committing perjury, Mr. Belluti.

I was with my brother from 8 .30 to 10. Your brother's semen was found in the

victim. The DNA proves it. I'm told the DNA is inadmissible and possibly

inaccurate. We're not going to call you.

Why? Why?

Because if it looks like you're lying, which it will, that'll hurt him.

I'm not a lawyer, Mr. Young.

But it seems to me if a witness comes forth with exculpatory evidence,

which you cannot establish as being false, and if a client directs you to

that witness, it would be grounds for malpractice for you not to do so.

How would you like to prep my testimony?

Or shall I just meet you at the courthouse?

He would talk about the book of Genesis and how by eating the women, he would

become one with them and he could take them to heaven.

Mr. O'Malley said that?

Yes.

And he'd say how he'd make sure that I'd go to heaven.

And you interpreted that to mean?

I was going to die.

And I didn't have to interpret.

He said so. He said the other man was going to get me.

In the course of your representation of Mr. O'Malley, Did you form a lay opinion

as to his mental health? He's sick and he's dangerous. He murders.

Objection. Mr. O'Malley was cleared of all charges of murder. He's a cannibal.

He thinks he's Hannibal Lecter, for God's sake. He goes after women and he

made it clear that he is coming after me. He should be locked up.

Ms. Dole.

Clearly, you recognize how unusual this is for a lawyer to be giving testimony

against a former client.

Yes.

But I consider this man to pose an extreme risk to the public.

And I suppose particularly to me, because he consumes women he has a

relationship with.

He seems to believe he has one with me.

Thank you, Ms. Dole.

Why are you doing this?

Mr. O'Malley, please take your seat.

Your Honor, I'd prefer to ask the questions myself.

I don't recommend that.

And since you have a lawyer here... My lawyer doesn't know the witness.

I do.

And I believe it's the right of the accused to confront my accuser.

That's for criminal proceedings.

This is a civil matter.

Again, I will ask you to please sit.

During the course of your representation, at any time did you seek

protection? I didn't have to then. He was in custody wearing a muzzle.

Now he's not.

Well, upon the reading of the verdict, he was released from custody in your

presence. Did you protest?

I should have.

But you didn't. He walked out of the courtroom while you watched silently.

that right? I think I was a little stunned by the not guilty verdict.

Did anything happen since he was released to make you scared?

I got a phone call. From Mr. O'Malley? I believe it was him, yes.

Well, did he identify himself?

No. There was silence and then a hang -up. Well, why do you believe it was my

client? I just do. You just do.

Anything else happen since the verdict?

No. No.

So we're here because you got an anonymous call, you think.

Came from Mr. O'Malley. Did you go to the police after you got this phone

I went to Helen Gamble.

Helen Gamble.

And she took care of getting my client picked up. Is that correct?

Yes. She's a close friend.

You and Ms. Gamble even used to be roommates, didn't you?

Yes.

Thank you.

It's a little difficult to believe, sir, that you'd wait till now to come

forward. I realize that.

All I can say is I had my reasons.

The important thing is I'm here now.

So you went to your brother's home around 8 .30?

Yes. We talked for a while, maybe an hour or so, and then I left.

After an hour or so?

Yes. It was on my way home that I first saw her.

So who?

Her.

She was going into her apartment building.

Wait a second.

You also saw Miss Fairbank that night?

Yeah. You didn't tell me this.

Well, it's a little difficult to just come out with something like that.

I'm still not sure I can.

Come out with what?

That it was me.

That I was the one who raped her.

Your Honor!

We're going to take a short recess.

Council Chambers.

What? You think I knew that was coming? What exactly did he tell you he planned

to say?

Just that he was with his brother.

Obviously, he didn't tell me what he really planned to say because he feared

wouldn't put him up there if I knew.

Miss Gamble.

You can either cross him now, or I'll continue the case and let you

Your call.

I'd like to be able to argue that the defendant was facing the three -strike

law. What?

Goes to bias. It explains why his brother would lie for him, since he's

life imprisonment.

I can't let you argue that, Miss Gamble, and you know it.

So you just drove by, saw the victim, raped her.

Yes. Ever rape anyone else?

No. Ever commit a crime before?

No. You're an oncologist, Dr. Cochran? Yes.

How much money do you make annually?

A little over $300 ,000.

Family? It's because I have a family, because I have a career.

That's why you raped her.

It's why when my brother was arrested, he stayed silent. He was prepared to let

himself be prosecuted for something he didn't do, because he didn't want me to

lose all I had.

Oh, I see. So he was happy to go to prison for a crime you committed.

Yes.

Well, he must really love you.

He does.

He also knows what this will do to our parents.

I was the one who made it.

The one who finally made the family proud.

He decided he'd sacrifice himself.

You said to yourself, sounds good.

I tried to go along with it for the same reasons, but...

Ultimately, I couldn't.

That's why I'm here today, to tell the truth.

So, Doctor, you know once your brother is acquitted, double jeopardy applies

he can never be retried, right?

I'm not a lawyer.

You're not a lawyer.

Is it your testimony that you don't know once your brother is acquitted, he can

never be retried?

I know what double jeopardy is.

So... If he's acquitted and you get arrested, he can testify at your trial

he did it.

Objection. Overruled. My brother is innocent.

I'm the one who did it.

I don't like being played for a fool, Doctor. If I told you what I planned to

say, would you have called me to testify?

If it's the truth, yes.

You don't know what the truth is, okay? Well, the jury's going to know what the

truth is, and I'm telling you, you better be ready. You just explain it,

counsel. Me and my brother love each other.

I was willing to get arrested for rape rather than let his career get wrecked.

And when it looked like I might get convicted, he came forward to say what

happened. That was our plan.

Now, you just sell that, counsel.

Because for all you know, it could be the truth. I know it isn't the truth.

just sell it.

What's going on?

First the DNA and now the twin?

Is he going to get off?

I hope not.

I'm so sorry.

This man is in need of serious and immediate help.

Stand up, Mr. O'Malley.

You eat people?

Only dead ones, Your Honor. I would never harm a living soul.

Never.

Can you appreciate how sick it is for you to consume human flesh?

No one can complain from PETA.

You think this is funny, sir?

Your Honor, I was forced to stand trial for three murders I did not commit.

I lost my job and will likely never get it back.

I've had to sit in a courtroom listening to people calling me a monster. Allow

me to find some gallows humor where I can.

I don't have to allow you a damn thing.

And if this were truly a civil commitment hearing, I would throw you in

deepest of holes.

But this isn't that, Mr. Scannell.

It's a pretext.

The Commonwealth failed at the criminal trial, so you're trying to take another

whack.

It violates double jeopardy. It insults the very system we're sworn to uphold.

And if I were to ever let you get away with it, the DAs would be lined up

outside my courtroom door.

The petition is denied.

I am enjoining Mr. O'Malley...

from going within 500 yards of Ms. Dole.

Better pay attention to that, sir.

We're adjourned.

Are you crazy?

He's a serial killer, for God's sake.

As a matter of law, he isn't, Ms. Dole. He was acquitted.

Why didn't you take more witnesses? Call the doctors.

Let go of me. What happens if he kills again?

We're adjourned.

What's wrong with you? You wear the robe to protect the public.

And I wear it to protect the integrity of this room, Ms. Dole.

I have made my ruling.

I would advise you strongly to end it right now.

Lindsay, come on. Why didn't you call the doctors?

It wouldn't have mattered. Of course it would have mattered. They would have

testified that he's insane.

His lawyers would have asked why they didn't initiate commitment proceedings.

We at least got a restraining order if he tries to pull anything.

Yeah.

Come near me.

I'll kill you.

We all know what is going to happen next.

If you acquit, double jeopardy will reattach, and the defendant can

never be retried.

What he can do is take the stand at the doctor's rape trial, say he did

it, and gift wrap reasonable doubt for the doctor.

Why would these brothers resort to something so desperate?

Because the victim...

saw the man that raped her.

She positively identified the defendant as being that man.

And the defendant had no alibi.

This grand stunt was all they had.

Never mind how ridiculous.

The evil twin comes forward under oath to say it was me.

That woman was raped.

Almost killed.

This is what the defendant did to her.

This isn't a game of strategy and tricks and antics.

She was raped.

I've tried many cases, and every time I have asked the jury to follow the

evidence, which I will do again here.

But for the very first time, I am going to ask the 12 of you to follow your

hearts.

I believe most people are fundamentally moral.

And I don't think it's wrong for you to let conscience be one of your guides as

you go back to that deliberating room.

We all know who committed this crime.

We know the brother is lying to save him.

A... A woman was raped.

Let conscience be your guide.

This country has never trusted conscience as a directional, and why

In Washington, even our most noble politicians sell their opinions to

interest groups.

They have to.

Without money, you can't get elected.

Read the papers lately? You think the Catholic Church is guided by conscience?

It's exactly because we don't trust society to act out of conscience that

declared ourselves a nation of laws.

Laws. We must follow the law.

Laws are what we have to prevent anarchy, and they should be.

Suicide bombers act out of conscience for God's sake. In America, we go for

law.

In the criminal justice system, the law mandates that in order to convict, you

must find the accused guilty.

Beyond all reasonable doubt.

You can't do that here.

The prosecution's entire case is the victim's ID. An ID which is highly

She had no idea how tall he was.

She said the man had no facial hair. My client had a mustache.

She was admittedly in and out of consciousness while forming her

And she was also in shock.

Can we trust what she thinks she saw?

Beyond all reasonable doubt.

Add to that.

Another man has come forward confessing to the crime. The DA may not believe

him. You might not believe him. Could be nothing more than brotherly love.

But that confession stands unrefuted.

Unrefuted.

Even the victim can't contradict it because that man looked just like this

The one she described.

Follow the law.

But even your conscience has to tell you here, there's reasonable doubt.

Obviously, if a guy should ever show up here, just call the police.

Okay. Where is Lindsay?

She's in my office. I'm going to take her home.

Well, could you make her take a couple of days off? I'm trying.

Believe me.

I can't believe this man is on the street.

That was Eugene.

The jury was out 11 minutes.

And they have a verdict?

They just got called back in.

Will the defendant please rise?

Mr. Foreman, has the jury reached a verdict?

We have, Your Honor. What say you?

Commonwealth versus Jerry Cochran on the charge of aggravated rape. We find the

defendant, Jerry Cochran, guilty.

Mr. Cochran, you have been convicted by a jury of your peers.

Security? Take the defendant into custody.

This matter is now adjourned.

We'll review whatever grounds we have and let you know if there are any

appeals.

Okay.

Thank

you.

Is there a chance for appeal?

I don't know. An 11 -minute deliberation. It could be good for

It's worth raising.

We'll see what we can figure out.

Dr. Cochran, I'd cancel your appointments for the afternoon.

I'll be sending officers to arrest you for perjury.

You made a big mistake.

They can't get me on that, can they? You lied under oath. But how can they prove

it? I can just keep telling them I did it.

That DNA evidence, it couldn't be used against your brother, but it can be used

against you to prove you lied.

Mr. Young, Jerry and I are identical twins. We have the same DNA.

Still, that story's a little tough to swallow.

Well, if we really get desperate, I can just show them the scar where she gouged

me with a key.

My brother tried to tell you.

You don't know what the truth is You

finally

went out after

We need to talk, Clarice.

There's a restraining order.

You just screwed up.

Please, don't. 30 seconds, then I'll go.

I swear.

Bobby!

Yes, this is an emergency. There's an intruder in my house. What's wrong?

His name is Lawrence O'Malley. I promise, I'm not here to cause anybody

harm. I just need to talk to her, please.

The police are coming.

Just tell me why you betrayed me, Clarice. I need to know. Get out before

throw you out.

You might get hurt.

Who are you?

You know who I am.

You're in danger, Clarice.

He is coming for you.

Get out!

Only I can save you. You got two seconds before I throw you out! You'll go to

heaven, and I will take you there myself.

Know what?

Why don't you go on ahead without me?

Busy!

I told you.

I wasn't going to go through it again.