All language subtitles for The Practice s07e13 Character Evidence

I didn't know who else to call.

I think... I think I'm in trouble.

Okay, settle down. I didn't know who
else to call.

I had wine, and it was raining, and...
What happened?

I just hit the accelerator, and then...
Sit down.

Slow down.

And just tell me what happened.

And start from the beginning.

I was driving home from work.

It was raining, and I...

I usually park it in my driveway, you
know, but since it was raining, I...

Damn it.

You hit him?

Yes. It was a reflex.

I saw the gun and then I just hit the
accelerator.

Where is he now?

In the garage.

He's dead.

Did you call the police?

No. What?

I just called you.

I first thought get him to a hospital. I
was trying to get him into the car.

But I could see that he was already
dead.

What am I going to do?

Why haven't you called the police?

I had some wine before I left work.

Not a lot, but... Are you sure he's
dead?

Pretty sure.

Pretty sure? Where's the gun?

The garage, I guess. This is way too
much guessing, Brenda.

Jimmy? Dad?

Dad.

How did he get in the car?

Her first instinct was to get him to a
hospital. Then she realized he was dead

and called the police.

After she called you?

Sorry. Well, you were here before the
police, so I'm assuming she called you

first. Yeah, she panicked and called me.

They'll be taking the body out in a few
minutes.

Then they'll come in to look around.

Brenda, you okay?

Is there any chance you could stay here
tonight?

I am so freaked.

I need this to be in complete
confidence, okay? Not that you, uh...

Take it easy.

Okay, um... How do I even start?

Margie and I...

I've been having some problems at home.

Since when?

Some of it is sexual.

Well, more specifically, I've been
having a few performance issues.

I don't know if it's related to work or
stress or... Anyway, I read this

ridiculous article. I put no stock in
it, but I read that men, not

transvestites, but regular heterosexual
men, can sometimes...

Find stimulation in wearing women's
clothes.

My secretary, Paula, she works out after
work and changes at the office, leaving

her clothes.

Well, last night I worked late.

Paula left her bra folded underneath her
jeans.

And I, uh... I put it on.

You what?

I don't know what came over me. I just
wanted to see if it all... And then I

my shirt back on over it since, you
know, I didn't want to be seen. God

someone on the crew... And I got back
into my work, which, you know how

I get in it.

I forgot about it.

You forgot about it?

I went home, I took off my shirt from
the bedroom, and Margie sees me wearing

bra.

She flipped.

She thinks I'm having some kinky thing
with Paula. She calls Paula.

Tells her I'm wearing her bra.

Now my wife wants to leave me.

Paula's suing me for sexual harassment.

So basically she waited until her blood
alcohol dropped.

I think so.

Jimmy, is there any chance this man
could have died while she was waiting

him? No.

I know this woman, Bobby. She would
never.

What do we know about the dead guy?

Name's Gerald Hanks.

Has a record. Drug history.

And what's your relationship with her?

Sorry? Brenda Miller.

What's your relationship with her?

Old friend.

I was buddies with her big brother.

I was kind of like a surrogate big
brother.

Jimmy.

What's the matter?

How soon before the police did you get
there last night?

I don't know. Not too much sooner.

Why? You wouldn't be a witness of any
kind, would you?

I'm not a witness to anything except
what I told you.

What's going on?

The man your client ran over in her
garage, he had a bullet in his back.

What?

Maybe his gun went off when she hit him.
The bullet didn't match the gun we

found in the garage, and Jimmy...

The gun is registered to your client.

Why me?

Because I suspect they're going to
exploit this as gender discrimination.

I want a woman lawyer second chance to
prohibit... I'm not going to do

Your presence will be doing something.

That's why I want you there.

Am I allowed to talk?

If you have something to contribute, of
course.

Could I ask why you're leaving?

What young litigator wouldn't want to be
at Goodwin?

Well, it wasn't exactly a great match
for me, so... Why?

Well, I was sort of encouraged to leave.

You were fired?

I don't like the word fired, as accurate
as it may be.

They were very pleased with my work. You
could check my references.

It wasn't my work.

What was it, then?

I knew it would get to this.

I became ill on a partner.

In a deposition, I have a vasovagal
problem triggered by anxiety. It

on extremely rare occasion, but it did
so on projectile form on a senior

partner. Once.

And you were discharged.

They didn't believe I had the stomach to
be a litigator, since it happened a few

times before. But they were wrong. It
was all about breathing, which I have

learned to do.

Well, your transcript is great.

But I am looking for someone with a
little bit more experience, and... But

let you know.

Okay?

Sure.

He was shot.

Yes. By whom?

Well, we don't know.

Did you notice him bleeding at all,
or... It happened so fast. After I hit

I noticed he was bleeding, but I just
thought that... Brenda.

The gun they found in the garage.

It was registered to you.

This is where I keep it.

He must have found it.

So somebody shot this man, he entered
your house, retrieved your gun, and you

ran him over.

Brenda, everything you've told me so
far, it's the truth?

Of course it's the truth.

Jimmy, what's going on? I don't know,
but this isn't making sense.

The police want to talk to you.

I'm inclined to let you talk if
everything you said is the truth.

If it isn't, that's something different.

What?

Brenda, come clean with me.

Tell me what really happened.

I hit him.

In the street somewhere near my work.

It was pouring rain and I could barely
see.

And suddenly he was just in front of my
car. I could barely hit my brake.

I didn't have my cell phone.

There was nothing around. I was in the
middle of nowhere.

And I tried to get him in my car.

Figuring I could get him to a hospital.

But then I could see that he was already
dead and I'd been drinking.

And I panicked.

So you brought him home?

I figured I could. I don't know.

Jimmy, I was half drunk and scared and
things did not make sense.

So I came into my room and I got my gun
and I put it in the garage.

So I'd be able to say that there was a
man with a gun.

It was the only thing I could think of.
And then I called you.

He must have been shot.

Maybe he was running from somebody when
he ran in front of my car.

I don't know.

What time is it?

Seven o 'clock.

I better get ready for work.

Okay.

Basically, it's the same scenario as
before, except she hit him in the street

instead of her garage.

My question is, do I let her say this to
the police?

You do if you're not.

Sometimes the cover -up can be worse
than the crime. She's already committed

cover -up, Jimmy. If this new version
gets out, she'll be charged with

manslaughter, no question.

Well, I disagree. I think there is a
question.

If this guy was shot and chased in front
of her car, then it is not vehicular

manslaughter. The prospect of the police
believing that... Look, forensics is

going to figure out what happened
anyway. But there's no reason to help

Come on. If this woman hit and killed a
man and then drove him back to her

garage... She's going to be prosecuted,
especially if she was drinking. I agree.

There's no way you let her talk to the
police.

It's an extremely regrettable event.

And I assure you, we fully appreciate
the sensitivity of the situation.

Yes. Was it in the spirit of the
sensitivity that you sued him? Well,

that spirit that we've refrained from
filing the claim in the hopes that we

work this out amicably.

Paula is, of course, devastated that her
employer would endeavor to wear her

undergarment.

Obviously, a trust has been shattered.

I suspect, Mr. Wright, you have a
number.

We do.

Might you tell me the number?

$500 ,000?

It's very difficult, of course, to
quantify emotional pain.

But you've managed.

Injuries like products find their market
value. For this particular infraction,

$500 ,000.

A jury could easily award more with
unwanted exposure, by the way.

I'm sure your attorney would agree our
number does not shock the conscience.

Do you have a conscience, Paul Henry? My
client is always open to morality

sermons if he wants to give one.

We were to agree to this number.

We assume it would embrace a complete
confidentiality agreement.

Absolutely. As I've said from the onset,
we fully understand the sensitivity of

the situation.

Yes. You're sweet.

We'll give you to the end of business
tomorrow.

You said you'd call.

I did?

Well, you said you'd let me know.

And since no news is so often good news,
I guess I was hoping it would apply

here. Oh.

It wouldn't.

I didn't get the job?

No.

Would you mind telling me who did?

I haven't hired yet.

Oh, well, so it could be anybody.

Just not me.

Well, thank you for considering me.

Bye.

Bye.

So she's not going to talk to us.

Well, I decided to be the overprotective
attorney.

Come on, Helen. What lawyer lets his
client talk, innocent or not?

And yours is innocent?

Yes. Could you tell us why she had a
gun? Personal protection.

She lives alone, wants to be safe.

See, there's a couple of things that
confuse us, Jimmy.

Like if he'd been shot, he'd be
bleeding.

He was supposedly inside her house, yet
we found no blood in her house. Or in

the garage, for that matter.

Did she clean it up?

Don't know.

Jimmy, it seems the body was dragged in
the direction from the car to the wall,

back to the car. Now, what would explain
that?

Don't know.

Okay. Have your client here within an
hour, or we pick her up.

Why? We want to trace Meddler.

See if she's fired a gun recently.

Bullet didn't match her gun.

Well, maybe she has another one. Maybe
she's a really big believer in personal

protection. Look, my client is innocent.

Why is this attracting the attention of
two DAs? Because you have our curiosity

piqued. Jimmy, within an hour.

I didn't shoot any gun.

Then a trace metal is good. It'll pretty
much show that.

You really didn't. Jimmy, I'm telling
you the truth.

Great. Then we let them do the test.
It's not a problem.

Okay.

Jimmy.

This morning you were kind of caressing
my face.

What was...

I was just comforting you because, you
know...

How come you never...

Never mind.

Never mind what?

I always got the feeling that you kind
of liked me.

How come you never asked me out?

Were you interested in going out with
me?

I don't know.

There you go.

That's why I never asked.

I was interested for a while, but then I
got a little nervous.

Nervous? About what?

Maybe you were in love with me?

Brenda, I was 16, 17.

I didn't even know what love was.

Were you?

Yes.

And you still have feelings?

Not that, no.

Then why this morning? Why? I was just
comforting you. I said this already.

Okay.

We should get to the police station.

Okay.

Okay. Done.

Negative.

Satisfied. Jimmy, it's hardly
conclusive. Just let me talk to her.

talk, but I can't let her, Helen.

No upside, and you know it. We could
positively rule her out. You can rule

out now.

We're done.

So is it really over?

Let's hope so.

They've got no real evidence that it
didn't happen like you said it did.

Even though what I told them wasn't
exactly the truth?

My legal advice on that, Brenda, don't
tell anybody.

Not your family, your shrink, your
clergy, your boyfriend.

You got a boyfriend?

No.

Thank you.

No problem.

So you want to come in?

I'm not that liquid, believe it or not.

I can sell some property if... Tell me
what to do.

I think you should let me fight this,
Henry.

But if this should get out...

My dignity?

What happens to your dignity if you roll
over?

Look, go home.

Talk to Margie.

Let me deal with this lawsuit.

My life is over, isn't it?

Go be with your wife, Henry.

You're going to fight this?

Eugene, the guy is the vice president of
a brokerage firm. Meaning? Meaning if

this gets out, win or lose, he loses.

Jamie, sometimes principle has to
matter.

Principle.

May I volunteer something on principle?

Go right ahead.

On principle, I object to being put on a
case as window dressing.

It's demeaning.

Is that right?

Yes. I'm second chairing as a token
woman, and I find it offensive.

Well, maybe I put you on this case to
learn.

To get experience.

What am I supposed to be learning?

The meeting's at 9 a .m.

Be on time.

This is as far as you'll come in?

Brenda, I gotta admit.

This is... This is very strange for me.

Why?

Look.

The thing is...

Being your lawyer, I got ethical rules
to follow,

and...

Was

that so hard?

Yes, I'm looking for Brenda Miller.

Ah, I see. I found her. Who are you?
I'll get to that.

Now, first, who's he?

I'm her lawyer. Well, I bet she could
definitely use one of those.

Right, Brenda?

They asked you whether it was the other
night driving.

Wasn't it?

Who are you?

My name is Herrick Smoltz.

Don't let the shabby appearance deceive
you underneath I'm a piece of crap.

Of course, I'd never run somebody over.

I was walking on Temple.

I saw you hit that guy and then drag him
into the car and drive away.

I followed you.

So for $100 ,000, I won't tell the
police what I saw.

That's extortion.

Yeah, well, I'll take my chances.

$100 ,000.

I'll tell you what.

I'll come back. I'll make contact with
you tomorrow. You can say nay or yay.

Okay.

You okay?

I guess.

You just let me do all the talking,
okay?

They're here.

Show them in.

Hello.

I apologize for being slightly late. I
pride myself on being functional.

That's all right. Would you like some
coffee or water? It's very kind of you,

but I think we're fine.

What's this?

That's the counterclaim we're prepared
to file in answer to your complaint.

It alleges intentional infliction of
emotional distress. It names you

personally, Mr. Wright, as well as
Paula.

There's also account for abusive
process.

These claims aren't tenable.

Oh, but they are, Mr. Wright.

You attempted to extort this man.

You not only recognized the damage your
lawsuit would do to his career, you

played it like a trump card.

This woman didn't go to a counselor or a
therapist. She didn't seek treatment

for emotional upset.

She went through the yellow pages.

Don't take me lightly, Mr. Young, simply
because I advertise.

I take you as seriously as I do
personally.

You're a dishonorable lawyer.

You reflect poorly on all attorneys,
poorly on me. I don't like that.

You're also incompetent. You counseled
your client to commit an offense more

actionable than the one committed
against her.

You can't possibly be willing to take
this to court to take this public.

The first thing I'll do is bring a
motion to recuse you, which will be

successful since you're now a named
party.

Imagine, win or lose, this case will end
up costing you money, Mr. Wright.

Money. Can I say it one more time?

Money.

You don't scare me.

Here's your out.

$10 ,000 and she gets to keep her job
working for a different executive.

All conditioned on confidentiality.

This is a windfall for both of you.

The offer is good till the end of
business today.

Now get out before I bait a hook with
you.

I'm not stalking you, I promise.

I realize I'm not getting the job,
but...

Could I just work here for three weeks,
no salary? After which, I promise to

leave. I will not ask you to reconsider.
I just need a place to call home for

three weeks. Then off I go.

You're befuddled. Totally appropriate.

Here's the thing.

I have one client. One case my firm let
me keep since they considered it a dog.

I'm suing a town for sponsoring soccer.

You don't need to tell me how ridiculous
it is, I've been told.

Just assume, for the sake of argument,
that the neurological data backs me up.

Heading a soccer ball does damage to
young brains.

I'm in court next week on summary
judgment. My goal is to survive that,

to settle.

And this is where I need you.

You beat a tobacco company.

You even helped an airline win their air
-free fly rule.

You have kind of a rep as a giant
slayer. And my feeling is, if I'm

this claim with you, then that'll at
least give the defendants some pause,

which, trust me, right now they are not
getting.

Three weeks, no salary, I'm gone.

Can I help you? Here to see Jimmy.

Brenda, in here.

I've decided I just can't take the risk.
Here's a money order for $100 ,000.

Let's make the deal. Hold on.

I have no real choice.

He saw.

Brenda, wait a second.

This right here is a crime. Not as bad
as vehicular homicide.

Everything that happened, happened in a
state of panic or shock.

A man ran in front of your car.

You put him in your car to take him to
the hospital.

Then, when you realized he was dead, you
panicked and drove him home.

This here, extortion, buying silence
from a witness, it's reflective with

criminal intent.

What if he tells... My feeling is he
won't.

I check probation.

The guy's got two B &E convictions, a
drug history, and some weapons charges.

It's likely he's the shooter. He was
probably chasing the victim when he ran

front of your car.

I don't think he's going forward.

But we can't guarantee that.

Look,

I don't need the money.

I just can't take a chance.

Please make the deal.

Jimmy, you can't do that. It's illegal.

She's insisting. It doesn't matter. You
can't ethically execute that kind of

transaction. You could be disbarred. If
she wants to do it on her own, I suppose

you can't stop her. There's no way I'm
letting her deal with the guy alone.

probably the shooter. Jimmy, you can't
be involved in buying off a witness's

silence. She's buying it off.

I'm just there to make sure she doesn't
get hurt.

What's your relationship with her?

I told you, we're friends.

What kind of friends?

Just friends.

That's it.

Well, you can't do this.

It's illegal.

The backfire, she could go to jail and
you could too.

Forget about it.

Jimmy.

What's going on?

Do you have feelings for this woman?

I might love her.

Love her?

You haven't seen her in 20 years.

It evidently didn't go away.

Look, you have to think of her as a
client.

And only a client.

I can't do that, Bobby.

Men like me don't ever get women like
her.

Not in high school.

Not now.

Does she have feelings for you, too?

I don't know.

She might.

I know I'm not thinking straight.

But she seems more important than my
career right now.

More important than anything.

Okay. The fact that you're saying that
makes it easier to realize you're not

thinking straight.

So I want you to trust me now.

And rely on my judgment.

Okay?

You cannot pay off this witness.

Okay.

Okay.

You didn't say you'd be taking over the
entire office. The files just got

delivered here. I'll have most of them
in storage by the end of the day.

Claire, suing a town for having a soccer
program?

I've got the medicals to back it up.
It's called second impact syndrome.

also a Norwegian study documenting that
soccer players have more attention

problems.

I think I've got enough to survive
summary judgment. And if I do that, I

believe that I can settle.

Okay.

Thank you.

I'm acting only as your friend here, not
your lawyer.

Why do you keep saying that?

Because I can't let my firm incur any
liability.

Okay, look, if you prefer, I'd do this
myself.

Not a chance.

I'm not letting you be alone with this
guy.

Right on time.

Lovely day, and... Let's go.

Have a seat, Mr. Smoltz.

I have two things.

A money order in the amount of $100
,000.

This is good.

And here's a confession you must sign in
order to get that money.

A confession?

I'm not stupid, Mr. Smoltz.

Somebody shot Gerald Hanks in the back.

You just happened to be there that
night.

I'll bet you just happened to be a
former business partner of Gerald Hanks.

First, you're out of your mind.

Second, you told me out of your mind if
you think I'm signing this.

Look, we got no guarantee you won't be
back next week demanding another hundred

grand. We need to have something on you.

You sign this confession, I keep it
sealed in my office safe.

You never bother us again, it stays
there. If you do... Suppose there's an

office fire.

Suppose somebody breaks into that safe.
I'm not denying nothing.

Then you don't get the money.

You don't want to say that, Mr. Politi.

Sign the confession, you get the money.

What about this?

You give me the money?

You two live.

Please, please!

Drop the gun! Drop the gun! Drop the
gun! Drop the gun! Down on the ground!

on the ground! Down!

Down!

Do it now!

Let's go.

You have the right to remain silent.

Anything you say can and will be used
against you in the court of law.

You have the right to return.

Okay, let him go.

What's going on?

What's going on is Mr. Berluti just
saved your pretty face.

We've agreed to give you immunity for
your DUI and possible vehicular

manslaughter in exchange for the
shooter.

What?

You better hope that gun matches,
because if we can't get him, we'll be

20 ,000, all in.

The offer was 10, Mr. Wright.

10 per cup.

And we can all go home.

15, and I get to talk to your client.

Why? Because I want to.

15, confidential, and I talk to her now.

Okay.

I don't think it's acceptable for you to
speak to her alone outside of... She

won't be alone. Miss Stringer will be
here.

Why can't I be there?

Because I find you to be an annoying
distraction.

It's okay.

Henry?

Surprisingly, my client had a lot of
nice things to say about you, Paula.

My suspicion is you weren't the least
bit upset about this.

probably had a good laugh.

Then you got the idea that this was a
lottery ticket.

Henry Winslow has been extremely good to
you.

He's a good person.

You're 26 years old.

The kind of person you will be has yet
to be determined.

But how you behaved here, it wasn't in
keeping with being a good person.

Now, you might skip out of here
thinking, wow, I just made $15 ,000 and

even injured.

But, Paula,

If this settlement in any way caused you
to think that what you did here was

acceptable, then you've been injured
indeed.

Great. Thank you.

Thanks.

Ballistics match, it's officially over.

You got immunity.

Good.

What's wrong?

Jimmy, I know you did the right thing,
and I'm grateful for how things worked

out, but...

Going behind my back to the police.

I didn't want you knowing anything.

I didn't want to be hanging this on your
poker skills with that guy.

That's not my point.

What is your point?

You took a big risk with my life.

What if ballistics didn't match? I could
be going to jail right now.

Look, making deals with guys like
Herrick Smoltz never turns out good.

Once you go down that path... Again, not
the point.

You went behind my back.

It was dishonest.

Dishonest?

I don't think I'm wearing the dishonesty
badge here, Brenda.

You lied to the police, which I think
can be explained by panic.

But as I said, this here, this deal, it
was criminal.

It was fraud.

And it put my character into play.

And let me tell you something.

If my character doesn't matter to you,
then I don't matter to you.

Fine.

What fine?

Like I said, I know you did the right
thing.

But?

But I could have gone to jail.

I could have been shot by that guy.

But as long as your conscience stayed
protected, then hey.

I think I gotta go.

Okay.

You got a second?

Sure.

You told me you put me on that case to
learn.

And I asked what it was I was supposed
to be learning.

Well, I just wanted you to know I did
learn.

And, uh, people bemoan the death of
dignity in our profession.

I just wish more of them could see you
at work.

You did betray her, Jimmy.

In your mind, it was for her own good,
but... So, how did you leave it?

I just left.

It's not going to work for us.

It's too soon to say that.

But even if this doesn't work, maybe
it's for the best.

Bobby, I know this sounds stupid,

I loved her so much back in high school.

Probably an unhealthy worship kind of
thing.

But it all just came back.

You're not who you were in high school.

I know this.

Except I'm 42 years old.

And I'm lonely.

And men like me...

We don't get women like her.

Jimmy, there are many, many women for
you.

And one day... Yeah, I know.

Come on.

Let's go get a beer.

I think I'm gonna sit for a minute.

You sure?

Yeah.

I'm just gonna sit and...

I'm fine.

You sure?

I'm fine.

I'll see you tomorrow.

Yep.

First thing.