Original subtitles

Previously on The Practice.

We've heard testimony of another client who terrorized your wife. He was

murdered. I smell a pattern.

Threaten Lindsay Dole, you get killed.

Objection! He knew his wife was culpable. Why the immediate assembly of

The refusal to speak to police. This is consistent with the behavior of guilty

people. Ms. Dole. I am bound by the statute.

to sentence you to the Framingham Correction Facility for the remainder of

natural life. The emotional undercurrents of a case play a part.

appeal.

James Berluti, Melissa Halpert. Hello.

This is my daughter, Joey.

Sixteen years ago, I kidnapped her.

Does your daughter know?

No. I recently read a magazine article about the birth mother and the woman

accused of stealing Joey. I represent the individual who kidnapped your

sixteen years ago.

The individual sends to you this money order in the amount of $70 ,000.

Jimmy, police got a visit from a woman named Sally Burns last night.

You had to know she'd go to the police.

So what?

It's attorney -client. We already know who she is.

Bernice White.

First you're calling me saying it's really important that we meet, and then

see you on television concerning a crime that I have been suspected of for

six... years bernice white please place your hands behind your back what tell

them i'm not your client she neither confirm nor deny that she is our client

what we neither confirm nor deny she is our client

She's fading.

I just can't close it.

Okay.

Bernice, I'm Helen Gamble.

Why won't you leave me alone?

I'm the district attorney. Can we get you a cup of coffee or something?

No, I just want to go to sleep.

I know.

Listen, I'm very familiar with these kinds of cases.

And the truth is, I happen to believe you.

You say you didn't kidnap this baby.

And I believe you believe with all your heart that that's the truth.

But I also believe you're suffering from a form of amnesia, which is extremely

common. No.

Sometimes, when good people commit acts that shock their own conscience, they

block it out.

In your mind, this kidnapping never happened.

But... The thing is...

A witness saw you leave with the baby.

And now what the police aren't telling you, they've now located the woman you

gave the baby to.

She identified your picture.

You will be convicted for this crime.

It's not even a question anymore.

The only thing to be determined is what happens to you.

Do you understand what I'm saying, Bernice?

Your life is in your hands.

You tell us the truth, we can help you.

You can get home.

MDs after The Bachelor, Wednesdays starting at 9, 8 central on ABC.

We're moving you from the orientation unit to the compound.

Okay. Don't pick up disciplinary tickets. You could stay there for the

of your sentence, which is... Life.

I'm hoping to reduce that.

My appeal is scheduled for tomorrow, actually. I was hoping that I could

Sorry.

You filled out a visitor consent form for a minor child?

For my son.

We'll need a certified birth certificate before he can come in. Then I'll be at

least a month after that. Wait a second.

I can't see my son for a month?

When you see the shrink at meds, most of the girls here are on at least one

antidepressant.

He can also give you a dental dam.

Excuse me? If you get involved with anyone, it's better to be safe than

You've been assigned to janitorial. I asked a clerk in the law library. They

do. It goes to the senior girls.

But I'm a lawyer.

Miss Dole, part of your adjustment here is learning that what you were before

doesn't matter.

Look, if you don't like the brief... I didn't say I didn't like it. I just

we short -scripted the merits a little. An appeal isn't about the merit. It's

just the same.

it would be nice to have them emotionally predisposed. Justice Leon's

the victim of violent crime. It's not a bad idea to tickle that nerve a little

by reminding them who Lindsay shot.

I'm only talking about two more paragraphs.

Okay.

She's feeling it a little. Was this a mistake?

She'll be okay.

Nerves usually make her better.

I've got a problem.

I represent a woman, Melissa Halperin, who kidnapped a child 16 years ago. I

heard. Well, you probably also heard. The police arrested somebody else,

White. In fact, they arrested her because of me. Jimmy, can you just cut

problem? We're a little busy here.

Fine.

Bernice White confessed.

Excuse me? They must have interrogated her half the night. I don't know.

But she signed a written confession.

For a crime she didn't commit?

Yes.

Bobby, this is all my doing.

I'd like to represent Bernice. How can you do that? You represent Melissa.

I won't violate any privilege.

But Jimmy, there's a conflict.

It's in your client's best interest for the police to continue thinking Bernice

White is the kidnapper. And I'm not going to do much to change their minds

that. But I can still help her beat it without compromising Melissa Halpern.

That's crazy, Jimmy. I can't just sit and do nothing here.

That woman's going to go to prison for a crime she didn't commit.

I put all of it in motion.

I can't just... If I promise not to do anything against Melissa Halpern's

interests.

You get her consent first.

She has to waive the conflict.

Okay. Great. And take Jamie with you. I want her there. Why? Because you seem a

little nearsighted, Jimmy. I want backup. I don't need... You take Jamie

you.

She confessed?

That's the good news.

The bad is she says she doesn't know where your daughter is.

Well, what did she do with her? She claims she doesn't remember.

Look, now that we have the confession, we've got some leverage to work on her.

Sally, it's early. Give us some time. I don't care if you make a deal, Helen.

I don't care whether or not she goes to prison.

I want to see my daughter.

Represent her?

Bernice White? You have my word. Give me away. I promise you it won't. It'll

have nothing to do with you.

I won't be saying I know who the real kidnapper is.

I will be defending her straight as if you didn't exist. Why can't she just get

another lawyer?

She could.

But the reality is any other lawyer is going to think she did it. And the

defense will reflect that.

I want it to be me.

And why is she here?

Because as complicated as it is, we feel two attorneys... Here's my card. She

doesn't need your card.

Melissa, I know you don't want Bernice White going to jail.

One of the reasons you came to me was to spare some of her suffering.

I don't want to be going to jail either, Jimmy.

I won't betray you in any way.

Hey, Mr. Belluti.

Hey, Joey.

Still working on the will?

And who's this?

Oh, I'm Jamie Stringer.

She works with us.

Why do I get the feeling that there's this big secret?

There's no secret, sweetheart.

Grown -ups draft will. It's just one of the boring things they have to do.

Okay.

A month, they're saying, before she can see him.

I gotta tell him tonight he won't see his mother until Halloween.

Bobby, it's prison rules. Look, I don't have any jurisdiction or even influence

for that matter.

There's gotta be a string you can pull.

Well, I don't have it.

Look, your best option is to go to the court and ask that she be allowed to

attend her appeal.

We struck out there.

Come on, Helen.

I'll try.

Thanks.

You know...

You have a client, Bernice White, kidnapped a baby 16 years ago.

If she were to tell us what she did with that baby, I think the office could

find a way to let Lindsay visit with your son.

Playing one case off another. I'm not playing one case off of another. You're

here looking for a special favor. It's going to be hard for me to accomplish

that considering the disfavor your firm has held in here.

All I'm saying is if you were to do something to cultivate a little

could help Lindsay.

I am not going to discuss that other case.

I'm only here to discuss Lindsay.

Who, in addition to being my wife, is also one of your best friends.

Why did you say you did it? I don't know.

I just wanted them to leave me alone.

Couldn't take it anymore.

And then they said that if I gave them what they wanted, I'd go home. Let you

go? And then the woman, she said they'd be lenient. And then the detective came

back in, and he said that if I confessed, that he'd help me.

And I was so tired, I believed him.

The police said if you confessed, they'd release you?

Yes.

Shouldn't the first step be a motion to recuse?

No. I really think... Can I have a second?

One minute.

You lied to her.

I'm allowed to do that.

You're not allowed to manufacture evidence, Helen. I didn't. Who's this

she supposedly gave the baby to?

I've already marked up a motion to suppress the confession.

Well, there's the stunner.

You'd be... I'm Jamie. She doesn't care.

Listen, Jimmy, you want to make a deal.

Tell me where the girl is. Otherwise, don't bother.

You crossed the line, Helen.

I'm going right into court. Fine. I'll see you there, Debbie.

Jamie.

Jamie, technically you didn't disclose to Bernice White that you represent

Melissa Halpern. I don't need to. You don't need to? It's Legal Ethics 101.

The law is black and white. Jamie, practical lesson number one.

It's never black and white.

Helen somehow got it done.

So I can attend.

You can be there.

Great.

So how's your first day going?

Seems everybody here is a killer.

I ran into two former clients, so at least I'm making friends.

Did you read the brief?

Yeah, I think it's great.

Is Rebecca really the one to argue? She's never even appeared before the

court. This is the FJC.

I wouldn't let her do it if I didn't believe in her.

She's ready.

Hey. Hey.

Eleanor and I were thinking, let's do a moot court tonight.

We'll play the judges, that way you can practice on us, and we'll try to pick

you apart.

Okay.

This seemed like a good idea when I asked for this.

It was a good idea.

It still is.

The only thing to keep in mind is the Supreme Judicial Court.

Don't let your passion get the best of you. The first thing they always look

is deference.

If they're mistaken, just tell them how justified the mistake is.

Then correct them.

Okay.

Hey, you stepped up for this because you know you're the lawyer for this job.

I am allowed to trick suspects. We have been through this before, Your Honor.

It goes beyond trickery, Your Honor. They kept interrogating her for six

Then after she's half delirious with fatigue and fear, they feed her this

amnesia crap about how she blocked out the crime.

Then they tell her she can go home if she confesses. Then they tell her

got this phantom witness.

They had her half believing maybe she did commit the crime. She knows she

commit. This went beyond coercion.

Trickery is constitutional. You shouldn't even be arguing.

You're a witness in what happened in that room. Fine, recuse me. We can bring

somebody else.

My client was also represented by counsel, Your Honor. No, your client

repeatedly maintained you were not her lawyer.

Your Honor, the reason Bernice White was arrested was because the police

believed her to be my client.

They, in fact, arrested her in my office.

So for the prosecution to now claim Ms. White was not represented by counsel is

blatant bad faith. Wait a second. Did you represent her or not?

At that time, no.

So the prosecution is right. She wasn't represented at the time of the

interrogation. They got the wrong one here.

That's a jury question.

If this goes to a jury with a confession, she's gone.

Juries think confessions are the truth, and they're not. Was this interrogation

videotaped? Yes.

I want to see it.

All of it, Miss Gamble. I'll watch the tape, then I'll make my ruling.

The defendant stays in custody.

We're adjourned.

I'll call you as soon as I hear anything.

Okay.

Look, I'm still willing to play ball if she tells us where the girl is.

And we maintain the jury instructions were flawed, insofar as the judge failed

to advise that lethal force may be justified even against unarmed victims

the defendant believes her life is in danger. Did you submit your own jury

instruction? Yes, Your Honor. We timely submitted our proposed jury

instructions, which Judge West rejected. And what was your proposal on lethal

force? Referring the court.

Page. You have to have it ready, Rebecca. You get 20 minutes tops.

You need to know the transcripts and pleadings. I can't feed them to you.

Okay.

You're raising a wheat violation?

Yes, Your Honor. Your client waived that. That would be assuming Ms. Dole

the capacity to waive it. Is there anything in the record that goes to her

mental incapacity?

Yes, Your Honor, referring the court to... You have to have it ready. Okay!

You can't use that tone.

I know.

Is Jimmy still here?

No, actually.

Melissa, I thought we agreed it wasn't a good idea for you to come here.

I just wanted to know how things went today with the hearing.

Oh, the judge took it under advisement.

And if the confession is suppressed, Ms. White will be let go, right?

We hope so.

I called Jimmy at home. There was no answer.

If he checks in, would you have him call me?

Sure.

Good night.

Night.

Sit.

You ready?

I am so ready. You really need to hammer prosecutorial misconduct.

I plan to.

Even if we win here and get a remand, it's not going to do Lindsay much good.

That retrial will be stuck with her former testimony, which means we can't

really argue self -defense.

So what are you saying?

I'm saying we need to get a reversal with prejudice.

Lindsay's best chance at freedom is with the SJC, not at a trial court. And the

only way we get a reversal with prejudice is prosecutorial misconduct.

Okay.

Anything else?

Yes.

I know you're nervous.

It's quite natural for you to be scared, intimidated.

But what you need to remember, Rebecca, is there's a reason why we picked you.

Your advocacy skills, your command of the law, your passion.

We all believe in you.

Lindsay does.

Most of all.

I do.

Thank you.

Off we go.

All rise.

Be seated.

Stand up, Ms. Gamble.

I watched that tape.

And once again, I find myself disgusted by your tactics.

Trickery and deceit may pass constitutional muster, but it gives you,

court, and the concept of honor a very black eye.

I hear you complain all the time about the erosion of public trust, and yet

own behavior puts no value on it.

Go stand in the corner.

I beg your pardon? You heard me. Go in that corner and stand.

Face in.

Your Honor, with all due respect to your authority in this room... You'll feel

the extent of that authority if you defy it, counsel.

I'm not about... March yourself into that corner now or you go to a jail

Mr. Belluti.

Your client was not represented by counsel at the time of this

She at no time asked for a lawyer and however deceived, tired, and badgered

she may have been, there is no indication that her statement wasn't

The confession, however putridly obtained, therefore stands.

The defendant will stay in custody.

We're adjourned.

I represent the real kidnapper.

This is ex parte.

It isn't Bernice White. Get out of here. If she goes to trial with a confession,

she's gone. You are one sentence away from the jail cell Helen Gamble almost

got. This is ex parte.

Highly improper.

I will disregard it in its entirety and ask for your bar card if you utter

another syllable.

Convince your other client to turn herself in if you want, but don't you

come to me.

Jimmy.

Nothing. Go.

What?

I was about to say, on a more personal note,

how are you?

Fine.

How are you?

I'm, uh... Okay.

May it please the court, my name is Rebecca Washington, and I represent the

appellant Lindsay Dole in the matter of the Commonwealth v.

Dole. You are in receipt of our appellate brief, and I would like to

court on several issues outlined in that document.

First, during trial, the Commonwealth referred to the fact that Ms. Dole

initially chose to speak with lawyers instead of the police the night of the

shooting. Ms. Dole, like any criminal defendant, had the constitutional right

not to speak to the police, a constitutional right to confer with

it was reversible error for Mr. Walsh to use the exercising of those rights as

evidence against her. Was an objection made on those grounds at trial?

Yes, Your Honor, Ms. Frutt objected. Actually, she objected that the question

sought privileged information, not that the question was unconstitutional.

Even if the objection was legally flawed, Mr.

Walsh went further.

He argued that Ms. Dole's decision to speak with her lawyers was, and I quote,

consistent with the behavior of guilty people.

Ms. Frost didn't object to that.

We maintain Judge West nevertheless should have struck the statement sua

Moreover, Mr. Walsh made other errors. He argued that the shooting was part of

pattern. That my client and her husband were in the habit of killing clients.

Can't the prosecution use character evidence to impeach a defense witness?

Not if that evidence is overly prejudicial. And such character

prejudicial or not, is inadmissible without prior notice. We never got that

notice. And where's your objection to that? If you refer to the transcript,

you'll see Ms. Frutt made a timely objection once Mr. Walsh introduced the

evidence concerning Mr.

Heath. I see an objection going to prejudice. I see nothing going to

It was a general objection which under Massachusetts law... You agree there was

sufficient evidence to convict your client? We agree the evidence might have

supported manslaughter, but not... You don't deny she shot him?

No, we do not. You just disagree with the verdict.

We maintain the trial was unfair, that the prosecutor committed multiple

reversible errors. Well, did you ever move for a mistrial?

No, but under Massachusetts general law... So basically you took your shot

you're here because you don't like the result.

I'm here because of something called the Fifth Amendment.

I'm here because of something called the Sixth. amendment, basic constitutional

rights belonging to Lindsay Dole that the prosecutor blatantly trampled. We're

not talking about subtle shades of gray where civil liberty or two was

encroached upon.

He plowed over them with a tank.

Mr. Walsh showed contempt for the Constitution.

He had no regard for fundamental civil liberties. And I'm here today under the

assumption that the seven of you do.

Lectures aren't generally effective.

And I wouldn't presume to lecture you.

But I will use part of my time to enter indignation into the record because I

think a lack of it is part of the problem.

Police lie today.

So do prosecutors.

And it doesn't so much as raise a judicial eyebrow because it goes on all

time. Everybody's jaded. It doesn't shock anybody's conscience.

And I'm here saying it should shock yours. This man wanted his verdict. He

forget the Bill of Rights.

And he's hoping you cop the same attitude.

I am here hoping otherwise.

It's not my place to second -guess you.

Then why are you about to? Because you have violated so many ethical rules. The

conflict of interest. You charge in to see a judge ex parte. Lucy tells me you

even used to sleep with this judge.

I never said for her to tell you. I told her that.

You forget we have squeal laws. Technically, I'm obligated to report to

all of this.

Then why don't you do that? I'm not looking to do that. Then what do you

Jamie? Why are you being so mean to me?

Look, I made a mistake that resulted in a person being arrested for

a crime she didn't commit.

The likelihood is I can't undo that mistake.

She's going to prison.

I don't mean to be acting out against you.

But, well,

you're there.

I'm sorry.

Trials need to be fair, not perfect.

Even if some of my questions went too far, and I make no such concession, it

harmless error.

Oh, come on, Mr. Walsh. You raised another murder and linked a defendant to

As Your Honor correctly noted, we linked Bobby Donald to it. A witness.

We have every right to impeach. You called it a pattern, and you also linked

to Lindsay Dahl. The jury was instructed that the lawyer's questions and

arguments are not evident. Still, it's a little hard to unring a bell, isn't it?

Moreover, Miss Frutt didn't ask for any curative instructions.

She didn't move for a mistrial.

They're raising things here they effectively waived. What about your

your own personal beliefs?

In your opening, you said you wouldn't have shot the man.

If that wasn't proper, it was.

Then I would again ask, where's the harm?

I think we can assume that the jury assumed going in I wouldn't have shot

man. My saying, it hardly made much noise.

You think you took the high road here, Mr. Walsh?

The high road?

Yes.

My answer to that would be, murder trials are typically low roads.

They get ugly.

Often personal.

Not that the doctrine of unclean hands is applicable.

But let's look at some of the defense counsel's tactics.

Those aren't an issue here.

They are as a context to mine.

It would be a mistake to focus on defense conduct.

My actions did not cause Lindsay Dole to be convicted of murder.

Her actions led to that result.

She received a fair trial.

She had an army of attorneys.

She got a better defense than most defendants.

The jury heard all the evidence. They were properly instructed, and they made

their unanimous finding.

Ms. Dole lost.

And this court cannot disregard a verdict merely because it disagrees with

They'll assign a trial date. We go from there.

Jamie will keep you updated on all the pretrial developments.

You can call her or me anytime.

Okay. We're not going to give up. I promise you that.

Why are you being so kind?

Because I know you're innocent.

And because you feel responsible?

I know the real kidnapper is your client.

I read the newspapers.

Like you said, it's why I was arrested.

Why can't you just tell the police who she is?

Because I can't.

I'll do almost anything else, but I can't do that.

Yes, you can. You mean you won't.

I won't.

I'm going to be convicted.

We all know it.

And you won't tell.

That must be very hard to live with.

Is it?

Has anybody seen Jamie?

Uh, she said something about an appointment.

Please let her know. She's expected to check in with us.

Eleanor, can I see you a second in my office?

You know that I know you tried an excellent case.

But judging from the questions the Supreme Court put to Beck, we think,

think, there was inadequate counsel.

They were group mistakes.

No, they were mine.

They were trial blunders.

The decisions were... Bobby, I was at the SJC. I heard the questions.

They were trial mistakes.

We're going to start preparing an appeal on ineffective assistance.

It might be too late, but we feel we need to try everything.

I don't disagree with your decision, Bobby.

Anything else?

Miss Halpern, may I speak to you?

I won't take very long.

First off, let me assure you I am not here at the request of Mr. Berluti.

He'll probably want me fired when he finds out.

Then why are you here?

Well, I've been pretty much an observer on this case.

But from my observations... I think it's only a matter of time.

Miss Stringer, if they haven't found me after 16 years, I hardly think... I

don't mean the police.

I mean you.

I think you're inching towards turning yourself in.

Whether it's showing up in court or coming to our office even when we tell

not to.

Even by seeking out the victims to give them money.

You were putting something in motion. I can't live in jail.

Obviously, you're having difficulty with the way things are now.

And when Bernice White starts serving a 25 -year -to -life term, you will never

live with that.

I'm not trying to talk you into anything.

I'm only encouraging you to hurry to the place you're already headed for.

For Bernice White's sake.

And... I guess your own.

Hey.

Hi. What are you doing here?

Oh, I picked you to get some signatures.

Signatures on what?

Actually, we were discussing a crime.

I committed 16 years ago.

It's a two -pronged test.

First, we have to prove that our representation was measurably below that

ordinary lawyer.

What's measurably? It's like the definition on obscenity. They know it

see it. And the second prong?

But for our incompetence, Lindsay would have been acquitted.

That's going to be tough to prove.

Bobby, clerk's office.

That's J .T.

Hello, this is Bobby Donner.

Why didn't they call me?

Shh. Show yourself.

Yes.

Uh -huh.

He's done Fifth and Sixth Amendment violations.

Lindsay's conviction has been reversed.

They've ordered a new trial.

Thank you.

It wasn't everything we wanted.

But it's a chance.

Thank you.

Congratulations.

I don't give a damn. That isn't true.

Hey, gives me a chance to beat them twice.

Truth be told, I hate that firm so much.

Just the opportunity to stick it to them twice.

Suddenly there's something to get juice for.

They'll never win a retrial.

You watch.

They'll come crawling, looking to plead.

Forget it.

She's never getting out of prison.

Never. You sound a little rabid.

I know you like those people, Helen.

I don't.

They're the pricks in my side.

I think you mean Thorns.

Helen.

We went to your office.

They said you were here.

This is Melissa Halpern.

She's the person who kidnapped Sally Burns' baby 16 years ago.

It's over.

You're free.

The real kidnapper came forward.

It'll be in the papers tomorrow.

Thank you.

I didn't mean to usurp anybody.

You're an associate.

You take the assignments we give you. You do not get creative. You do not go

clients behind our backs. I knew it was something Jimmy... You don't make

excuses when you know what you did was wrong. I'm sorry.

Oh, is that not the approved associate tone?

This isn't going to work if that's the attitudes you're coming in with.

I knew that what I was doing was unconventional and risky.

But I saw something in this woman.

And I really thought I could help.

Next time, you check with us first.

Okay.

Square one.

Forensics, psychiatrists, ballistics. We go through it like it's the first time.

What are you expecting to find?

Something. We have to have something new for the second trial.

Who's trying it? Either outside counsel or Eugene. I haven't decided yet.

Are we switching theories?

I don't know. We can't go self -defense since the prior testimony comes in. What

else is there?

It's got to be straight insanity. There's nothing else. What about the

call when she sounded so calm?

Post -traumatic shock.

Nobody's saying it's going to be easy, but insanity is all we got. We have to

pour through the transcripts every word.

Somewhere there has to be something we can use. We've got our new trial. Now we

have to win it.

Bobby, I know you don't want to hear this, but we need to consider a plea.

we won't win this trial. With her prior testimony, they have a stronger case.

We're not pleading, Eugene.

End of discussion.

The assignment for everybody is to figure out a way to win.

Straight, not guilty.

This is Joey Joey?