Original subtitles

Previously on The Practice.

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

stop sign.

Who's sitting, do you know?

Judge Brentford? Why?

You're home. I'm sorry?

Brentford is the flirting judge.

And you've got blonde hair.

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

Wave reading, if that's all right.

Why are you so happy?

Just happy to be here, Your Honor.

Are you coming on to me?

I would never.

As hard as it is to resist.

I cannot believe you did that. It was a joke, Jamie. Calm down.

You humiliated me.

I'm going to let what little doubt I have cut in your favor. I'm suppressing

search and dismissing the indictment.

You're telling me this now?

Normally, we like to present a united front.

But Eleanor feels strongly that we should plead and... Why?

Basically, the media. On the evidence alone, I think our chances are okay.

But the press is killing you. You're already guilty in the public's eye.

Jurors are instructed to disregard what they see and hear. Of course they are,

but... These images have been on every broadcast.

Every night. Look at the pictures.

I don't need to see them again.

Stephen, to the extent that you're in denial, I think you do.

I want you to really look.

For the past week, leading every broadcast, I'm getting a very bad

The case is circumstantial. On the evidence, I think we have a shot.

Then I'm going with you.

No plea.

Kathy and I met freshman year.

She lived on my hall in one of the dorms.

After that, we got an apartment off campus.

She was my best friend for four years.

Amy, why did you go see Dr.

Barrett? Well, we both decided to get breast implants as kind of a graduation

present. We talked to a bunch of different doctors, but Kathy and Stephen

this connection.

They were a couple.

Oh, yes.

Even though he was married.

At first, it was just for the surgery.

But Kathy had a thing about older guys.

How often did you see them together?

All the time. They went out at least a few nights a week.

She was always talking about the restaurants they went to or how great it

his house on the Cape.

She said they were in love.

Did you ever see them fight?

I saw them argue.

A lot.

And the last time was a few nights before she was killed.

Could you hear what they were fighting about?

The same thing they always did.

Kathy wanted Steven to get a divorce.

I didn't hear everything, but it was bad.

She slapped him, and she told him to get the hell out.

Two days later, she was dead.

You never heard my client threaten Miss Vance, did you?

No. You never saw him hit her or be violent with her in any way?

No. And when you saw Miss Vance slap... Dr. Barrett.

How did he respond to that?

He didn't. He didn't lose his temper?

He didn't hit her back?

No, he just turned around and walked out.

Could you tell us how you heard that Miss Vance had been killed?

I got a phone call from Stephen the day she was found.

Then how did he sound when you talked to him?

He was crying.

In your opinion, he was devastated.

Isn't that what you told the police?

Yes.

Thank you so much for coming.

Well, you left me six messages.

You are such a beautiful woman.

The newspapers make you look fatter.

Mr. Deeks. I really needed to see you.

You're the only lawyer who could possibly... Mr. Deeks, I need to stop

I read your indictment in the court file.

I'm sorry. I'm not taking any criminal cases anymore, especially murder cases.

There are many other lawyers... Not like you.

Why am I different?

You killed somebody.

You can understand what it feels like. And it's in part because I'm still

to deal with... I killed somebody.

I took a life.

I need someone who understands.

Why?

Because...

I know there's something wrong with me.

Something that you told me to do it.

I know it's not the same as what you did.

But if anyone could understand... Look, I don't want to go to jail for the rest

of my life. If I could get into a hospital... I don't have much money.

But I'll pay you.

Everything I have.

Hi. You wanted to see me?

Yes, I did.

I meant to grab you after last week's hearing.

I wanted you to know that after a rather shaky start, I thought that you argued

a persuasive motion.

Thank you.

This was my first real victory, so...

I'm feeling excellent.

Yeah. A difficult issue. One on which I could have gone either way.

Most judges, I might add, probably would have gone the other way.

Oh. Well, I'm glad for my side that... You got me.

I thought perhaps you might like to grab some lunch.

Um... Wouldn't that be, like, incredibly improper?

The cake is over.

I take great pride in mentoring young lawyers. It's not something that's done

often enough in the legal community.

Well... I can't order you.

That would be an abuse of my discretion, so let's just call it a request.

The defendant himself notified us that the victim was missing.

Upon locating her car not far from his office, we conducted an area search.

Detective, could you tell us what you found?

Body of the victim.

Identified as? Catherine Vance.

She had multiple stab wounds around her chest and defensive cuts on both of her

hands. The body was naked, so we requested a rape kit be sent to the lab.

Do you know the result of the attack?

It was positive for semen inside the victim.

The sample was a genetic match to the defendant.

My client told you he was involved with Catherine Vance?

Yes. That they were having sexual relations?

Yes. So she could have been killed by some stranger after having sex with my

client. Is that possible, detective?

Anything is possible. That doesn't mean that... Thank you.

Did you find the murder weapon?

No, the knife was never recovered.

And what about the victim's blood? Could you connect it with my client?

No. So you searched his office, his house, his car, his clothes.

Did you find any trace of the victim's blood?

No.

Does it make sense to you, detective, that he would be so meticulous about the

blood and physical evidence only to dump the body right behind his own office

building? Murders don't typically make sense.

He called the police.

He led you to her car. He gave you a sample of his own DNA.

All true?

Yes.

You understand I confessed?

I do, but you only confessed after they discovered the body in the trunk.

If we can suppress the search, the confession goes out too.

That would give us some leverage to make a deal, which we would need to get you

in a hospital.

Are you with me?

You can undo my confession?

Maybe. But I'm willing to confess. If that is what... I understand.

But the problem with that is we would be left with no bargaining power.

Can you appreciate that?

Yes. I just...

Don't want to go to a prison. Anything to keep me out of prison. I understand.

Now, you answer only what I ask you. Nothing more, because... I strangled

Stanley, I know you're ill.

And I know you want to get better.

Carol.

I'm sorry?

Her name was Carol.

She worked in my building.

She was very nice to me.

I was a security guard and I killed her.

Listen to me.

I will never succeed in keeping you out of prison if you don't do as I say.

Do not be telling anybody else you strangled this girl.

Are we clear?

Okay.

You're the DA on this?

Perfect, isn't it?

I graduate to the rubber room after trying to put you away. One month on the

happy farm, I'm back, only to find myself up against... Boom!

Oh, that's what I call you.

I used to give my defendants a one -word moniker. It's how I kept track.

My name for you was Boom, since you were a shooter.

I see.

Listen... Now I call you Techie, since you got off on a technicality.

Which do you like better, boom or techie?

Lindsay.

I'm sort of half kidding.

I'm trying to make light of my situation because I'm so deeply embarrassed

over... Listen, I'm not going to give you a hug,

but I'll try to be fair.

More importantly, a noble officer of the court.

Really.

Walsh, why would they put one of their top people on this?

Stanley, this is a murder case.

You strangled somebody.

Look, I'll confess.

Don't start that again. He is going to go for prison.

Calm down.

What if...

I can give them other information. I can trade in exchange for getting in a

hospital instead of jail.

What other information?

I did other things that they don't know about.

I don't want to know about it either.

Look, let's tackle this suppression hearing and then go from there.

Okay?

Carol.

What? Her name was Carol.

I don't deny having the affair.

Doctor, did you see Kathy Vance the night she was killed?

Yes. She stopped by the office. That's where we would often meet.

I work there at night when the staff is gone.

Can you tell us what happened that particular night?

She came by a little after nine.

Hung around while I finished some work.

After that, we opened up a bottle of wine.

We made love.

In the office?

Yes. And after?

She left. She said she had a party to go to.

I walked up to the door.

We said goodbye, and that was the last time that I saw her.

When did you realize something was wrong?

Later that night when I left to go home. I saw her car was still in the parking

lot. I knew that it didn't make any sense, but...

I thought perhaps she got a ride from a friend, so it didn't really bother me.

Next day, her car was still there.

And what did you do?

Now I got concerned.

I called her roommate, Amy Wyatt.

She told me that Kathy hadn't been home all night.

I hung up the phone. I immediately called the police.

They found her later that day.

Dr. Barrett, did you kill Kathy Vance?

No.

I cared about Kathy very much.

I have done everything in my power to help the police.

I swear I don't know what happened to her.

I wish to God that I did.

You recognize this

bottle, doctor?

Looks like a prescription bottle for painkillers.

A prescription you wrote for Catherine Vance, correct?

Yes. Cathy was still experiencing some discomfort.

Pain medication wasn't appropriate treatment.

Well, according to her autopsy results, she wasn't taking any pain medication.

In fact, there were no medications found in her system.

I don't know why that would be.

Doctor, this bottle is half empty.

It was found in your desk in your office.

She must have left them there.

Well, I'm sure she did because you were the one who was taking the pills.

That's absolutely false.

I have here seven prescriptions written by you, all in the

name of Catherine Vance.

They were all filled in different locations all in the last few months.

Why so many prescriptions, doctor?

We also ran some new tests.

On your blood sample, would you care to amend your answer now, Doctor?

Okay.

Look, I have a problem.

She was getting the pills for me.

But you're talking about my addiction.

That doesn't make me a murderer.

Why didn't you tell us, Stephen?

Sorry. I was trying to protect myself.

I know how it would look.

Now I'm with Eleanor.

We need to think about taking a plea.

A plea?

Of what?

Murder, too.

I didn't kill anyone.

But it looks very much like you did.

You were last seen with her.

Your semen was found in her.

And she was in the woods behind your office.

Someone killed her after she left the office.

Stephen, we put you up there so you would look like a responsible doctor.

The kind of person incapable of committing a crime.

You came off that stand a drug -addicted liar.

I agree with you, Jean.

We at least have to think about a plea.

I didn't kill her, Eleanor.

That's the truth.

I'm not going to plead to second -degree murder.

What do you mean you had lunch with him?

I just... The judge who just handled your motion?

Yes. He asked me yesterday.

I felt I better not refuse.

You better not refuse?

He said it was a request.

But he said it in a way like there would be repercussions.

So you went to lunch?

Yes.

And what happened?

Nothing. We had lunch.

Talked about the law.

Seemed pretty innocent.

And then it was over.

And then he asked me out for a drink.

And what did you say?

I said I couldn't. I had work and... Maybe tomorrow.

Would you like me to go to him? No.

God, no.

Well, this is a treacherous thing.

The last thing a young attorney needs.

I'll call it off.

You want me to go with you?

No.

I will tell him no.

I saw a vehicle stopped on the side of the road.

At first I thought it was a police car because of the lights on the roof and

way it was painted.

Did you see anyone near the vehicle?

The defendant.

He was in what looked like a policeman's uniform and was standing at the rear of

the car. The trunk was open and he had a flashlight, so I assumed he was trying

to change a flat tire.

What did you do?

I pulled over myself to see if I could help.

That's when I realized he wasn't one of us. He was a security guard for a

private company.

And what happened after you saw him, officer?

Well, the minute he saw me, he slammed the trunk like he didn't want me to see

inside. So naturally, I got suspicious.

I asked him what's going on. He told me he was just having a cigarette.

Company wouldn't allow him to smoke in the car.

Only I didn't see any cigarettes.

He was acting in a furtive and suspicious manner.

Objection. The same.

Were you afraid he might go for a weapon?

Objection. Mr.

Walsh.

I tried to follow up with a few more questions.

Where he worked, what shift he was on, only he wouldn't say anything.

He just stood there.

Then he tried to leave.

Did you let him go?

No. I could tell something was wrong, so I asked him to open up the trunk, and

he did.

And what was in the trunk?

I found a woman, a body.

It was lying on its side in a curled -up position. There were bruises all around

the neck, the apparent victim of strangulation.

It was later I learned it was Carol Dalton.

You asked him to open the trunk, or told him to?

It was a request.

Where was your weapon?

It was drawn.

So it was a request while you were pointing a gun at him?

Yes. You didn't know there was a body in the trunk, did you?

Not before you opened it, no.

Didn't see blood on the car or the defendant's clothes?

No. What about sounds from inside?

Did you hear screaming or cries for help?

Obviously not. She was dead.

So as I understand your testimony, if he had had cigarettes, you wouldn't have

searched his trunk.

That's not what I said. I testified.

He was acting suspiciously. Because he didn't have cigarettes and was evasive

about where he worked.

He wouldn't answer any of my questions.

So you searched his trunk because he chose not to talk.

Your client had a dead woman in the trunk of his car.

Bottom line, I was right.

Is it your testimony when you asked him to open the trunk, you suspected he had

a dead woman inside?

I knew he had something.

You knew he had something.

Just not cigarettes.

Now what?

We'll make summations to the judge.

If we win, like I said, we're in a position... What if we lose?

Then we'll either plead or go to trial.

So maybe I have better negotiation power now. Maybe we can make a deal now.

Stanley, they're not willing to deal now.

And even if they were, you have good Fourth Amendment issues here.

My advice would be to play this hearing out.

Okay.

Okay.

Commonwealth has one rebuttal witness, Your Honor. We call Margo Barrett.

Objection. Margo Barrett enjoys spousal privilege. And Mrs. Barrett has the

right to exercise it, not Mr. Young's or his client's. Margo Barrett is willing

to testify.

She can't testify about private conversation.

That's not why we're calling her.

Approach.

This is definitely unfair surprise.

Hours, not yours.

Point is, you're prepared for her. No, we are not.

Have you interviewed this woman?

Yes. Then what's the problem?

The problem is it's unfair surprise. I'm only calling her to impeach. All right,

look. We'll suspend for the day so defense can get ready.

Tomorrow we'll start with Mrs. Barrett.

Now step back.

We're adjourned.

What the hell is she going to say?

I have no idea.

An old guest.

that my client likely murdered a beautiful young woman, and he went to

to dispose of her body.

But like it or not, that has nothing to do with this hearing.

Officer Hope saw my client standing by his car.

He didn't see any blood, didn't hear any screams, nothing to justify searching

the vehicle.

Slamming a trunk isn't probable cause.

Refusing to talk isn't probable cause.

Acting nervous.

isn't probable cause.

I know it offends our sense of justice to free a man who has perhaps committed

murder. But the courts have said it offends us more to let the police get

with reasonable searches.

This is criminal procedure 101.

This search was nothing but reasonable.

It was late at night in a deserted park.

There was no reason for the defendant to be there, and the reason he gave was

clearly a lie.

Imagine being there that night.

Imagine seeing him race to that trunk, slam it down, then refuse to answer the

most basic questions.

The nervous voice, the lack of eye contact, the fact that he tried to flee

scene. The defendant was acting like a criminal, someone in the process of

committing a crime.

Officer Hope had probable cause to believe a crime was occurring, and the

evidence was inside that trunk.

He was right.

And that may not decide the question, but it certainly tells you he was

the signs.

Ms. Dole wants to talk about offending justice.

She's asking you to set a murderer free.

Your husband testified that when he went home the night of Catherine Vance's

death, he wasn't bothered.

Mrs. Barrett, did he seem unbothered to you?

No. He came home that night, and he seemed agitated.

Agitated? Yes.

And he had just taken a shower before coming home, which I felt was very odd.

Did you ask him what was wrong?

Yes, he said nothing.

But... But what?

From my perspective, it seemed something traumatic had happened.

Mrs. Barrett, do you think your husband killed... Objection!

Sustained. I have nothing further.

Did you call the police with any of your suspicions?

No. He's my husband. Oh, he's your husband now.

You said he took a shower.

Is it your testimony that he never showered at work before coming home?

No. Is it your testimony that he never came home from work upset?

No, but here it was very... Is it your testimony that he... Ask that the

be allowed to respond.

She answered my question.

Can you describe for this court your marriage, Mrs. Barron?

It's Rocky.

Rocky? You've talked about divorce, haven't you?

Yes. Well, with a divorce, you could get half. If he should go to prison...

You basically could spend it all.

Objection. Is that what this is? You turn on your husband.

Objection. This is cross -examination.

I'll allow it.

My colleague, Eleanor Frutt, talked to you many times.

Why didn't you ever mention that your husband seemed agitated that night?

Because, as I told you. You hadn't thought of it yet?

Objection. Where were you that night? Here we go.

Sorry, but when we interviewed you, you told us you had no information. And here

you sit today with information.

I guess that can happen when a conviction can give you access to over

million dollars.

Objection! Withdrawn!

Nothing further.

I'm afraid I'm a little confused, Jamie.

Well, I just think since you were the judge on my case, and I did begin the

with some serious flirting, to avoid even the appearance of impropriety.

We probably shouldn't be seen having a drink together.

Are you saying you'd rather get it privately?

No, no, no, no, no.

I'm saying we probably shouldn't get it at all.

We shouldn't be social.

Were you flirting with me because you were interested, or were you simply

to influence my decision?

Well... Because it was the latter, even though you didn't influence me.

I should nevertheless probably vacate my decision and remand the matter to

another judge to, like you say, avoid even the appearance of impropriety.

Should I do that?

Now it feels like you're threatening me to undo your ruling, in which case my

client... I'm merely following up on your implied allegation.

If you think there's any impropriety, it would be my duty to vacate and hand the

matter to another judge.

I don't feel there's any impropriety.

You sure?

Yes.

I'm very sure.

Because if a lawyer before me even questions whether I've stepped over the

line... I'm not questioning.

Okay. Then I can't see any problem with us having a drink together.

I would tell you if I thought so.

He just waved out, but we called a paramedic. Lindsay! Lindsay!

Lindsay!

I'm right here. I'm right here.

I want to plead. I can't take the chance. I want to plead. Stanley, you

calm down.

I want to plead.

If they let go of you, can you stay calm?

Yes.

Go ahead.

You okay?

I need to talk to you alone.

Handcuff him. And cuff his leg at the table.

No. Then I don't stay in this room alone with you. Simple as that.

Okay.

Stand up.

We'll wash through the glass.

Thank you.

The reason that I was so desperate to have you as my attorney.

You're in a unique position to bargain for me.

Why? Your old firm.

It's on another case that... I can help the police with.

The police solved that one, Stanley. I don't... No, they didn't.

I killed that woman.

I beg your pardon?

Kathy Vance.

I tapped her, threw her in the woods.

I am willing to confess to that crime and this one here if

they agree to put me in a hospital instead of prison.

You killed Kathy Vance?

And that's why you wanted me? Because of my old firm?

And I know you're friends with the DA, Helen Gamble. You can make it happen.

The judge is back.

Oh, my God.

Look, what you have to give them, you'll still have it after this ruling.

You might as well take your chances with Hiller.

The search was bad.

Let's just see what she says.

Be seated.

I have spent the past three hours trying to conceive of a way that I can uphold

the search of the defendant's trunk and the ensuing confession.

I failed.

This wasn't made incident to an arrest. It had nothing to do with trying to stop

the suspect from obtaining a weapon. We've got nothing plain sight.

This was warrantless and, simply put, unconstitutional.

It sickens me to squash it because the result...

This officer needs to be sent immediately back to the

academy.

The search and confession are hereby suppressed, the charges are dismissed,

the defendant, I'm horrified to say, is free to go.

We are adjourned.

What happened?

You're free.

She threw out the search and the confession.

I can just walk out?

Yes. But you still want to help the police on that other matter and get some

help. There's no need to now, right?

I'm free.

Right.

Thank you, Lindsay.

mean you couldn't get out of it he kind of tricked me tricked you how he sort of

implied that he would undo his ruling though he was careful the way he said it

and he basically had me insisting there was no impropriety and look the guy's a

judge he's smarter than me Jamie don't worry I know how to dump guys and

them at the same time I'll have one drink and I'll wiggle out of the

this isn't a frat boy he's a judge I can handle him I can is he threatening you

in any way no Jamie You're walking down a path here.

This is your career.

And it's you.

I can handle it.

He was the last person to see her alive.

Her body was found behind his office building.

With his semen inside of her.

They were recently seen fighting.

She had slapped him.

The defendant's own wife knew something was wrong that night.

He came home agitated.

And then we learn he's a drug addict.

Maybe Catherine Vance was going to expose him, ruin his marriage, ruin his

career.

We don't know.

We can't.

Catherine Vance is dead.

We do know.

The defendant took the stand and lied.

All the defense has offered is the defendant's word.

And he takes the stand and lied.

Dr. Barrett was afraid to admit his addiction because he knew it would hurt

career.

But there's no evidence it caused him to kill Kathy Vance.

There's no evidence she even made any threats to go public.

My client did everything he could to help the police.

He called them to say the victim was missing. He gave them permission to

everything. He even provided a blood sample.

Someone else could have killed Kathy Vance.

Someone outside who saw her leave.

All their evidence.

Her being there that night. The semen. It proves the affair.

It doesn't prove murder.

And as for the wife.

Suddenly coming forward saying things didn't seem right, she had a motive to

lie.

She had two million reasons.

She never told the police or defense counsel that Dr. Barrett seemed

She manufactured that later when she tumbled to the idea that she could

by putting him in prison.

She got even.

For all we know, maybe she was hiding in the bushes that night.

Waiting for Catherine Vance to come out.

We don't know.

It's not often the winner comes in to complain. I'm not complaining.

And this is about a completely unrelated matter.

It's just... I respect you more than anyone on interpreting the law.

And... I have a client.

Who committed a crime somebody else stands to be convicted for.

And?

Do I have any recourse to cure the injustice?

I'm sure the answer's no, but... Then why ask the question?

Is the answer yes?

In 49 other states, your hands are tied. In Massachusetts, there is a provision.

In Rule 1 .6, it allows...

An attorney to break the privilege to keep an innocent man from going to

Do you have a case?

No, because there aren't any.

There's never been a decision because no attorneys ever invoked the provision.

Why not?

You know the answer to that.

Privilege is the bedrock principle of criminal justice.

There may be an exception on paper, but no defense attorney's ever been willing

to use it.

Rightfully so.

But I can.

I have the discretion.

That's right.

But, Lindsay, you'd be signing your own career death warrant.

You'll be news, a pariah with every other attorney, not just criminal.

What type of crime do you have knowledge of?

It's a murder.

Ah.

Why am I not surprised?

The reason this provision has never been invoked, most lawyers, most judges,

including me, think it's wrong.

A client's trust is a client's trust. A lawyer doesn't break it.

It isn't always that easy.

You think it was easy for me to kick Stanley Deeks?

You came to me for advice.

Technically, you can reveal what you know.

Ethically, I say you don't.

I don't know about you, but I'm pretty hungry.

It's only five o 'clock.

I know, but...

Let's head over to Jasper's. You can get a bite. It's not too far.

Okay. The best thing about being a judge is the ability to say, day's over,

folks.

Sometimes I think about going back into private practice, and then I think I've

missed the control too much.

Door's open.

Of course, what I'd really like is to captain a boat.

That's the control I'm looking for.

You out in the open sea, sails on Nantucket.

What's wrong?

Jamie?

I can't get a drink with you.

I'm sorry, but having appeared before you on a case, I think it's wrong.

If you feel the need to vacate your decision, that's your call.

My call?

I'm not getting this drink.

Good night, Your Honor.

Will a defendant please rise?

Mr. Foreman, has the jury reached a unanimous verdict?

We have, Your Honor. What say you?

Commonwealth v.

Stephen Barrett.

On the charge of murder in the first degree, we find the defendant, Stephen

Barrett, guilty.

The defense moves to set aside the verdict.

Denied. Security, take charge of the defendant.

Members of the jury, you're dismissed with the thanks of this court.

This matter is now adjourned.

We're going to review the record and find grounds to appeal.

Okay.

You can go. I'll handle

this. Are you sure? Yeah.

Go ahead.

Lindsay.

Hey, I came to bring you luck.

Sorry.

Yeah. Excuse me, Ms. Pratt. Eugene Young will be fielding all your questions.

I've got no comment. I'm sorry.

It's not like I thought we would win.

But... But what?

I don't know.

Something just tells me this one was innocent.

Any grounds for appeal?