Original subtitles

Previously on The Practice.

His lawyer fell out. The case has already been continued six times. What's

case? Statutory rape.

I don't want it. I didn't ask.

I never forced him. Mr. Orbis, he's 13 years old. I loved him. I have to attack

a 13 -year -old rape victim.

And I don't want to do it.

Well, you will.

And if I tank it?

Please. You don't think I just pulled your name out of a hat?

Do you take drugs, Justin? All right.

This is the accusing witness.

Go ahead.

After you were caught with drugs, Justin, you got suspended then, didn't

Yes. And this is when... You hypocrite. You leave the church accusing us of

enabling sex... There's a difference between... There's a difference? I was

ordered by the court. Then quit your profession.

We, the jury, return a finding of not guilty.

The defendant is free to go.

I know you can beat this. Earl, trial is not an option here.

You killed a cop.

Who told me he was a drug dealer? Because he was working undercover. And

he was a drug dealer, it's still murder to shoot him. How many times do I have

to tell you it was an accident?

Are you stupid?

Since your old lawyer has trouble buying your story, you might consider how hard

it will be to convince a jury.

You know what, Mr. Jerkoff? Just defend me.

And while you're doing so, stop trying to pretend that you're better than me.

Your last client was a child rapist who you seem to have no problem getting off.

Now you do what you need to, Bobby.

Accuse the cop's widow.

Argue that he shot himself.

You can even stand up and say you did it. I don't much care.

You can even argue accident because that is what it was. You listen to me. No,

you listen.

I... I am the customer, Bobby.

Aside from that, you need to remember you and I are not alike.

I'm a drug dealer. You defend drug dealers.

We need to accept ourselves for what we are, Bobby.

And add to that, I am the customer.

Why do I need help? I'm not saying you need help. I'm just offering. I'm fine.

Thank you.

Bobby, it is a cop -killer case. Did I lose the ability to try cases alone?

No. Did I lose the ability to ask for help when I needed?

No. Did you lose the ability to sleep?

Because you look like crap.

For you, I mean. You're still better looking than me.

Can I help you?

I need a lawyer. I was arrested.

For?

Drugs.

Marijuana. They're gonna put me in jail.

Jamie. Excellent.

I'm Jamie Stringer. Hello.

I'll be your attorney. You are?

Tammy Rowe.

Let's go in the conference room.

The evidence will show Detective Bowers was working undercover on a drug detail

when the defendant, Earl Johnson, attacked him, took his gun, and shot him

death.

Detective Bowers was the first Boston police officer to be killed in the line

duty in over a decade.

That's his wife, son, and two daughters sitting over there.

I'm sure we'd all like to extend our condolences.

But you can do something more.

You can give them justice.

And at the end of this case, that's all they'll ask you for.

Mr. Donald?

Justice is all my clients entitled to.

And it's all we ask for as well.

What the hell was that? I didn't want to tip our defense.

Tip our defense?

You give a one -liner, that's it. Hey, fire me.

What's going on with you?

You've represented me many times. Suddenly you got this big problem. My

is you suddenly doubting me. Because you seem different.

Look, it's like you said. You're the customer.

I took your money. I'll give you your money's worth. That opening? Was

to keep Helen Gamble in the dark.

The fact that you're in the dark stuns me.

Given your advanced mental acuity.

What is this?

You want me to threaten you?

So you can get off the case.

I would never, ever threaten you, Bobby.

You keep forgetting.

We're like brothers.

Will they put me in prison? I highly doubt it. The fact that they released

before even being arraigned... I'll see you at the courthouse, okay?

Okay.

Thank you.

Okay, the search seems to be bogus. She was pulled over for rolling through a

stop sign. Please.

How much pot? An ounce.

She wasn't under the influence? No, totally sober.

Who's sitting, do you know?

I think Judge Brentford. Why?

Brentford?

You're home.

I'm sorry?

Brentford is the flirting judge.

And you've got blonde hair.

Forget it. This case is as good as kicked.

What do you mean, the flirting judge?

All you have to do is smile at him.

Big smile.

Over the top.

If he thinks you think he's cute, he'll suppress on the spot.

What? No, he's right. I've had six cases kicked on smiles alone.

I mean, with Lindsay, he doesn't even wait for the facts with her.

Can you flirt? Can I flirt?

Like with every professor I ever had, thank you.

Like I said, you're home.

Can I flirt?

That. Virginia.

That was mean.

It was a by -bust operation.

Detective Bowers was posing as a seller.

Detective Bowers was your partner?

Yes. Our goal here was to arrest the defendant, then cut a deal for

on other drug sources.

Detective, would you describe what happened?

The operation was in an alley between two abandoned buildings.

I manned an observation post on the roof of one of the buildings and we had

unmarked cars at either end of the alley.

And? I saw the defendant, Earl Johnson, go into the alley and walk up to Eddie.

A minute later, I heard a shot.

By the time I got to him, Eddie was dead.

The defendant started to run. I pulled my weapon, went in pursuit, and

eventually apprehended him.

You never actually saw?

What happened?

They were standing in the bay of a roll -up garage door. It was dark.

You didn't see it?

No. And you couldn't hear either?

We don't wire undercover officers in cases like this. So if there had been a

fight for the gun, you wouldn't know? If there'd been a fight for the gun, your

client would be dead.

Would you say Detective Bowers was an aggressive officer?

I would say he was an excellent officer.

Move to strike, non -responsive.

Sustained. I wouldn't say he was overly aggressive, no.

But he'd fight with suspects.

Yes, he'd use his fists instead of his gun, which probably saved lives.

But some suspects complained that he used excessive physical force.

Not one of those complaints was ever upheld.

Thank you. Nothing further.

Okay, you're up next. I expect it to be pretty quick.

Don't editorialize. This lawyer will make you pay for it. Just spit out the

facts.

You expect it to be quick.

Ms. Gamble, you did read the autopsy.

Yes, single gunshot wound to the chest.

Did you keep reading?

Steroids? I'm not saying illegal.

The over -the -counter muscle -building supplements are identical to the illegal

stuff. Was he ever tested?

For drugs of abuse. Co -carowin. Not steroids.

Steroid rage.

What? Of course. That's their defense. Bobby Donald's going to argue that your

partner flipped out. That's ridiculous. He's got a few excessive force

complaints on his record.

Look.

Eddie never had any steroid rage. He was my partner for nine years. I'm telling

you, he was an even -tempered guy, and this was a standard bust.

Well, he had steroids in his system. Bobby Donald has that autopsy report.

He's going to argue your partner started the fight.

Trust me.

Commonwealth versus Tammy Rowe.

Possession of controlled substance.

Your Honor, we'd like to, you know...

Wave reading, if that's all right.

Since there's no question of bail, we'd like to move to suppress the search.

At your convenience.

Why are you so happy?

Just happy to be here, Your Honor.

Why? My client was stopped for rolling through a stop sign.

There was no reasonable basis to search her car, and I always enjoy being able

to right a constitutional wrong.

Are you a real lawyer?

Am I?

Yes.

Are you coming on to me?

I would never.

As hard as it is to resist.

I just...

I am so sorry, Your Honor.

I started some new allergy medication, and it has made me so loopy.

I'd just like to schedule a suppression hearing, if I could, where I could

question the arresting officer.

Two o 'clock.

Will you be normal by then?

Yes, Your Honor.

Thank you.

What were you doing?

It was technical.

It didn't seem like normal lawyering to me.

Wait here one second.

I cannot believe you did that.

It was a joke, Jamie. Calm down. It was not a funny joke. You humiliated me.

This is a real case, you know, and somebody's freedom is at stake, and you

despised. It was marijuana.

Please. Miss Stringer, if I may ask, what the hell was that?

Didn't you hear me?

Allergy medication.

Uh -huh.

Listen, I'll give your girl two years.

If you challenge the search, I'm going for seven.

Seven? What? She had two priors for coke. Even so, seven years. One was for

dealing.

Look, take the two.

Otherwise... I'll let you know.

You didn't tell us she had a prior for dealing.

Take your turn.

You don't know what you're missing.

Bobby.

Bobby.

Bobby.

Aren't you due back at one?

The officer died from a single gunshot wound to the chest.

The bullet exited the body at the sixth cervical vertebra. It was fired by the

officer's own weapon, a police -issued Glock. Tell us about the entry wound.

It had powder residue and stippling burns arranged in a stellate pattern.

Meaning? The muzzle was jammed up into the victim's chest with pressure.

He was shot point -blank. Thank you, Doctor.

Nothing further.

The report says the entry wound was elongated.

Yes. The muzzle wasn't flat against the body. It was angled.

How did the muzzle get angled?

I don't know. You also don't know why my client was in the alley or what

happened before the gun was fired?

No. For all you know, this shooting was accidental.

I suppose it could have been suicide, too.

But I doubt it. Isn't it possible that there was a fight for the gun and it

off? It's possible. Or the street was angled or your client's hand slipped.

or the victim flinched.

Thank you, Doctor. Nothing further.

Ms. Gamble, redirect.

No.

What are you doing?

What do you mean?

Well, Bobby, what's your defense?

Accident? Self -defense?

I don't have to tell you, Helen.

Well, actually, if it's self -defense, you do have to give notice.

I'll tell you what you need to know.

Bobby, would you look at me?

Are you all right?

I'm fine.

Is he sleeping? Not enough.

Why isn't somebody second sharing? He won't have it.

Helen, is he really screwing up? I don't know. He could be laying a trap to

sandbag me. You guys have pulled so many stunts.

But he seems off.

He's either screwing up or he's got me exactly where he wants me.

The suspect had proceeded through a stop sign without coming to a full stop.

Okay. And then you searched the vehicle?

Yes. Finding a packet which appeared to be marijuana.

Lab analysis concluded it was marijuana.

And the suspect was placed under arrest for possession of a controlled

substance. All right.

What made you decide to search the vehicle?

It had a Watch Your Car sticker on the rear bumper.

I beg your pardon? It's a way to help citizens fight crime.

They register with us.

We give them a sticker which lets us stop and search their car to make sure

it's not stolen or being used in a crime.

On the decal it says, you have consent to search this vehicle.

Is it a successful program?

Very. Over a hundred cities and towns in Massachusetts participate.

Insurance companies even reduce your rates if you join. How many cars in that

neighborhood have those stickers?

Almost all the cars on my beat.

It's how we've cut auto theft and other crimes in the area by half.

You searched her car because of a bumper sticker?

One that gave me consent to search, yes.

This wasn't even her car.

It was her parents' car. And her parents' bumper sticker.

But she knew about it.

So you're claiming you got your consent to search from a bumper sticker?

And a decal.

Is that legal? A lot of cities have been doing this. Neighbors banding together

giving up rights.

That's... That's... Unconstitutional?

No court has said so.

I'm going to challenge it. You won't win.

But this?

A bumper sticker waving Fourth Amendment rights? Jamie, is the deal still on the

table?

Um, no.

So she's looking at seven years?

Yes.

I walked into the alley to buy heroin.

I'm a heroin addict.

Did you see Officer Bowers there?

I didn't know he was an officer.

He told me he was a drug dealer.

I told him what I wanted. I also told him his prices were too high.

When it looked like the deal was going south, he grabbed me and threw me into

the wall.

Next thing I knew, we were in a fight.

I heard gunshots.

His body falls to the ground.

Did you ever attack him?

Never. Did you ever try to take his gun?

I didn't know he had a gun.

I never intended to hurt him.

You were desperate for heroin.

I was eager. So eager, in fact, that you tried to steal the drugs, which led to

you stealing his gun and killing him. No.

The objection is sustained.

You have stolen drugs before.

Yes, and I've stolen to buy drugs.

In fact, you're a convicted felon.

Yes. A convicted felon that has lied about his drug crimes.

Yes. Just like you're lying now to avoid punishment for this drug crime. No.

I mean...

Lying is a part of my disease, but I am not. Lying is a part of your disease.

After the gun went off and Detective Bowers slumped to the ground, what did

do? I ran.

You didn't try to get him help?

I knew how it would look, so I just ran. Did you take anything with you?

The heroin.

Anything else?

The gun.

The gun?

The gun that had gone off and killed a police officer.

Yes. Had you grabbed for the gun prior to it going off?

No. Uh -huh. So you just pick up a gun that has killed a police officer,

your prints on it, putting it in your possession.

Well, that makes a lot of sense.

Nothing further.

Mr. Donald?

The defense rests, Your Honor.

I told you, if you challenge the search, the offer's no good. Yes, that's why

I'm unchallenging it now.

Please. Is this your first case?

My first ca... Are you kidding?

Right. My first, I think, not.

Second.

Look, the idea of this girl getting seven years... I have marching orders

my office. The deal is off, Jamie.

But on a more positive note, if you look over there... It

seems they like your work.

Who are you feeling sorry for here? Yourself or your client?

Both. Before you were feeling outrage, you need to hang on to that. Use it.

Challenge on Fourth Amendment grounds.

Tap into your outrage.

Okay. Look, this is no time to sulk.

This is where you dig in.

You need any help with research or anything?

I'm fine, thank you.

Jamie, I'm sorry, I... You know what? I really have to work on this, Jimmy.

Okay?

Sure.

Got a second?

Better be worth it, Helen.

In addition to being ex parte, you're coming between me and the crapper.

I already have the sports pages in hand.

I'd like to move for a mistrial.

I beg your pardon? As unorthodox as it seems. On what grounds?

Inadequate counsel.

You're the prosecutor.

I'm also an officer of this court, and from where I sit, Bobby Donald's tanking

this trial.

That's a pretty serious allegation. Look.

The victim had steroids in his system. It was in the autopsy report.

For Bobby not to take advantage of that. Maybe he didn't read the autopsy. We're

talking about Bobby Donald. Come on, he gave a two -sentence opening. His

crosses have been wheat.

Have you even been able to discern a defense theory?

Yes. Accident.

Look. The defendant is a cop killer. Clearly, I want to put him away.

But I have a separate obligation to make sure his rights are protected.

As do you. First of all, nothing Bobby has done rises to the level of

incompetence. But if we have knowledge that a lawyer is deliberately trying to

lose... Come on. Do you really think that?

No. But I think he's hit a wall. He looks numb.

Look. The law says I'm not supposed to undermine the defendant's confidence in

his own lawyer.

So far, this idiot seems fine with Donald.

If you want, you can report him to the bar when this is over.

Until then, all you can do is your job, not his.

Tell him.

I will speak to it.

I was going to a party, stupidly. I brought along a little pot.

I'm ashamed that I did so, but... My parents are alcoholics, Your Honor, and

so don't want to end up like them.

So I took pot.

Yes. And, Tammy, you've used drugs in the past, haven't you?

Two years ago, I also stupidly used cocaine.

I once got enough to share with some of my friends, and I was arrested for

dealing when...

I am so not a dealer, and I totally don't do cocaine anymore at all.

Just pot.

It was stupid.

Tammy, referring back to when you were stopped, did you know about the bumper

sticker on your car?

Well, I did, but I thought it was like this neighborhood watch kind of thing. I

didn't know it meant they could actually search my car.

That's not exactly what you said to the police officer, is it, Tammy?

I was really nervous.

Do you remember what it was you said?

Uh, no.

You told them the bumper sticker had expired.

I was really nervous.

You were nervous.

In fact, one of the reasons your father put the bumper sticker on the car was to

deter you from using. Isn't that right, Tammy?

Yes.

And you knew that, didn't you, Tammy?

Yes. What's up?

Why don't you tell me, Bobby?

What's up?

I'm not following.

Do you think you're doing your best work in there?

Hey, I'm open to ideas if you got any. Oh, you're open to ideas.

How about an opening statement that runs to double digits, syllable -wise?

How about an aggressive cross -examination?

How about you get it into evidence that the victim was on steroids at the time

he was killed?

It was a strategic decision. There was no evidence. Oh, bull.

Your defense has been anemic at best.

Helen Gamble is convinced you're tubing.

Excuse me? She came to me as an officer of the court and asked for a mistrial.

And I had half of mine to grant him. Hey, take me off if you don't like what

doing. It's a little late for that now, isn't it? You want to do my job? No, I

want you to do your job. Hey, I go into that damn room day after day to defend

people who deserve to rot.

You think that's easy? I expect you to give your client a defense. He raped a

kid, for God's sake.

He was 13.

You think I can just waltz in there and get him off?

It isn't that easy, and I'm doing everything I can.

Your client didn't rape any kid.

He killed a cop.

That was another client who raped a kid.

Right.

Whatever.

Is that it? Can I go? No, you can't.

Bring in Eugene Young to give the closing.

What? You can't order that. I can, and I just did.

We'll continue this until tomorrow.

Bring in Mr. Young.

I prepared my closing.

You're not doing it. Your Honor. I'm giving you an order, Counsel.

Eugene Young will give the closing.

The officer saw the most valid basis imaginable to search the vehicle.

The decal said, you have consent to search this car.

The defendant had knowledge of the bumper sticker, the decal.

And even if she didn't, what we look at for Fourth Amendment purposes is the

officer's state of mind.

In his mind, seeing that decal, he had a good faith basis to believe there was

consent. End of issue.

And as for defense counsel's outrage over this bumper sticker policy, we're

trying to win a war here, Your Honor.

And we're losing.

60 % of the global drug market is in this country. That's staggering.

If these bumper stickers seem like desperate measures, we are desperate.

Here we have a town saying, hey, you know what? Let's help.

Search our cars. We give you permission.

If it'll stem drug traffic, if it'll save lives, search our cars.

That's what her parents said when they attached that bumper sticker, which

Rowe knew about.

She waved her right. The search was valid.

The motion to suppress should be denied.

I had a law professor who would say.

When people start to get scared enough, the first thing they'll sacrifice is

their civil rights.

And look what we have here.

A whole town full of people slapping on bumper stickers saying, search our cars.

Tomorrow, decals on the front doors.

Search our house.

Coming soon, maybe a rights -free street or a town with signs at the borders

saying, if you cross the city lines, you waive 4th, 5th, 6th Amendment rights.

Maybe one day a whole state will go for it.

What are we doing?

Are we all going mad?

Mr. Carlton says, what's the big deal? This is happening all over.

My response, my God, this is happening all over.

In this day of rampant police abuse, we're actually saying to them, hey.

Do whatever you want.

What is going on?

What the hell are you doing going to Squack High? Please don't yell at me. I

will yell.

You call behind my back?

That's defamation, Helen. You disparage somebody's professional skills, that's

slander. You want to sue me? You think I won't?

You think I won't? All right, you're scaring me now. We're friends, for God's

sakes. You go to a judge accusing me of throwing a case? How could you? Because

we're friends. Don't you ever!

Ever! Bobby, let's go. I need a second. Bobby. I said I need a second. And I

said, let's go.

Okay? Fine.

The Fourth Amendment protects reasonable expectations of privacy.

Finds reasonable expectations of privacy as those society is prepared to

protect.

Does anyone know what they are?

Two years ago I could tell you.

Not now.

We have all agreed to be searched so often. We travel, we go to the ballpark,

enter buildings.

But I don't know what a reasonable expectation of privacy is anymore.

Under the law, if Americans post signs in front of their homes inviting the

police in to search, society no longer gives me an expectation of privacy in my

home.

God help us when it happens.

As a matter of law, I find the defendant waived her Fourth Amendment rights.

If she knew about the sticker and drove anyway.

But I think the prosecutor has to carry its burden.

that she absolutely did know.

Ms. Rowe, I think you did.

But since I can't be sure, I'm going to let what little doubt I have cut in your

favor. I'm suppressing the search and dismissing the indictment.

You dodged a bullet, young lady.

You're adjourned.

I won.

You won.

Congratulations.

Thank you, Ms. Stringer.

The next time I get caught, I am so definitely coming to you.

We know Detective Bowers was killed with his own gun.

The defendant, a convicted felon, admits he was desperate for drugs and was

unhappy when he didn't get them.

He was arrested at the scene, and he admits that there was some kind of

altercation between him and the victim.

The defense case?

Well, it wasn't just a lie.

It was a mess.

They offered no proof Detective Bowers was the aggressor. No evidence that

was a fight.

No alternative theory even as to what happened.

When the defense is this muddled, it means one thing.

There is no defense.

The evidence of this case supports only one conclusion.

The defendant attacked the officer, took his gun, and murdered him.

Last thoughts.

Eugene, I got an answer for this. The jury needs to hear from me. The judge.

Bob. Mr. Donald.

I believe Mr. Young is closing today.

I'm prepared to close, Your Honor.

Sidebar.

I gave you an order, you son of a bitch. The jury has no relationship to Eugene

Young. If I don't close, it undermines my credibility.

It undermines my client's defense.

You guarantee him a new trial. He's got one half guaranteed already.

You want me to do my job? Let me do it.

I'll close you down in a second if you thank you.

The closing argument is defense counsel's last chance to speak to you.

When I began trying cases...

I get nervous before a closing.

Lately, though, I haven't felt nervous.

I haven't felt anything.

Except maybe numb.

What Miss Gamble said about the defense, she was right. It was muddled.

Terrible. The truth is, based on my client's record,

it's stupidity.

I judged him guilty.

It's the worst sin a lawyer can commit. My job is to fight.

I'm supposed to fight the power of the state.

I'm supposed to fight for justice.

Mostly, I'm supposed to fight for the defendant.

I didn't do that.

I don't feel anything about that either except... Maybe tired.

You know?

I am sick and tired of fighting these cases for these clients accused of these

crimes.

Somebody's got to do it. I get that.

But this time... This time, it shouldn't have been me.

To my client, all I can say is... I'm sorry. You know, I...

You got screwed.

As for you, members of the jury, the question is, did the evidence prove

reasonable doubt that this man committed murder?

Clearly it didn't.

Even with a half -assed defense, the prosecution can only guess at what

happened.

Nobody saw or heard anything.

Can you imagine how much doubt there'd be if Mr. Johnson had a real defense?

My client said he got into a struggle with somebody who he thought

was a drug dealer.

And the gun went off accidentally.

He is a total piece of crap.

But his version could be the truth.

Did I do something wrong again?

No, Jamie.

I want to apologize for the practical joke.

I know I've been a little rough on you, and I'm sorry for that, too.

More importantly, I slipped into the courtroom and I heard your clothing.

You did?

I think you have real talent.

I want you to know that.

And I want you to know that I know it.

I feel like we should hug.

We're not going to hug, but congratulations on a well -earned

You'll be having many more of them.

Madam foreperson.

Has the jury reached a verdict?

We have, Your Honor.

The defendant will please rise.

To the charge of murder in the first degree, I'll say you.

We, the jury, find the defendant, Earl Johnson, not guilty.

To the charge of murder in the second degree, I'll say you.

We, the jury, find the defendant, Earl Johnson, not guilty.

Thank you.

I gotta admit, Bobby, you were giving me pause there.

But like always, in the end, I walk out the door.

Mr. Donnell, Mr. Young, chambers, please.

Congratulations.

I'm sure you're feeling flush with victory.

Bobby, I'm sitting you down.

What are you talking about?

You were extremely erratic during your rape trial.

You were all over the place here. You briefly even forgot the crime which your

client was charged with. I won. Because the state had no case. And the DA was

too arrogant to charge manslaughter in the alternative.

You're right. You won.

Which means I can hardly take you to the board of bar overseers. They'd never

find you incompetent.

But I can control what happens in this building.

As of now, you're retired from trials.

I'll be calling the chief judge shortly.

You can't do this.

I won't let you. Right now, it's a month.

Push me, I'll make it two.

You're not well.

Eugene, take him.

The rest will be good.

You think I've lost it?

I think... that rape trial, or whatever Father

Martin said to you, really shook you, Bobby.

I'm a criminal defense lawyer.

It's not my fault to be raped.

I'm just a lawyer. It's not my fault.

You need a rest.

You're just tired.

That's all, honey.