Original subtitles

Previously on The Practice.

Massachusetts is a no -fault state. Your wife's infidelity is a non -issue.

She didn't just cheat on me, Miss Wilson. She did so with my best friend.

two young kids.

I'll represent you, Roland. Sheila.

I don't think we should just file a claim against her. I think we should

prosecute that best man as well.

Richard and my wife were having intercourse in my house, in my bed.

And then what happened?

Well, they looked at me.

They stopped.

And they started up again.

With you in the room?

Yeah. They didn't even have the decency to stop.

Little news, Flash. The kids aren't yours.

They're Richard's. Nancy. What?

So drop this case or you'll never see him again.

Roland. I think I need a lawyer.

I don't want to go to jail. You shot two people.

They were fornicating in my bed again.

I understand.

But it's very important that you don't talk to anybody but us. I still love

you know.

I shot her.

But I love her.

You think you're clever, counsel. Hey, judge, if you think I crossed the line,

call a mistrial. Is that what's going on? You want a mistrial? You told me

I couldn't argue.

You got any problem with me now, then it must be personal. I take my courtroom

very personal. And if I crossed the line, call a mistrial.

I'm able to have a relationship outside of work.

When's the last time?

I believe I'm having one now.

Eugene, I'm a person who believes in admitting my wrongs, but is it really,

really such a big deal that I mistakenly used your toothbrush?

First, we've had this conversation before, so how do you mistakenly use...

My toothbrush.

Second, it is my toothbrush. Used to clean my mouth. And I like the bristle

Third, I never said it was such a big deal. I can promise you that your

won't be getting wet tonight.

Oh, really?

Hello?

Now? I mean, it's half past seven.

Fine.

Judge Foss wants to see me in her chambers.

Now?

I'm an early riser. I can see you're not.

What's going on?

You have a new client, Mr. Young. His name is Jonathan Macklin.

The trial begins next week. Hence, time is of the essence.

Jonathan Macklin. The one in the news?

The very one.

Falston sent over to your office. We'll schedule a conference for his... I pass.

I'm not giving you that option.

John Macklin is a racist.

Also a defendant.

And a white supremacist. The victim was black.

Is that why you picked me? Because I'm black?

I picked you because his current lawyer is over his head. And you're one of the

best criminal defense attorneys I know.

And you're black.

Mr. Macklin asked for you by name.

He asked for me.

I don't much like being the judge on this any more than you enjoy being the

attorney. Let's just give him the fairest trial we can and eliminate at

one possible grounds for appeal.

Your Honor sounds biased.

Your Honor will remain impartial and guarantee the defendant a fair trial.

Speaking personally, I hate the bastard.

Meet your new client and let's get going.

You took the case?

I was ordered to take it. It's not like I had a choice.

Jimmy, I want you with me. No.

No, no. Eleanor, can you cover for me on Roland Huff? Actually, I can't. Alan,

get the file from Tara. If you need help, get it. This is a murder case.

Jimmy, let's go.

I need help.

Jamie, Melissa Kenner.

Who's Melissa Kenner? You inherited her from Rebecca Washington.

She's been on your schedule.

Where is she now? I put her in Eugene's office.

Tara, I'll need the file on Roland Huff, please.

Why? Why?

Because I'm now handling it.

Is that a problem?

I'll get the file.

I'm assuming it won't be a problem.

We're both adults. We should be able to suppress our respective urges. Would I

be wrong?

I find an urge to be much like a thirst.

Suppression is best achieved by quenching.

You'll bring me the file personally?

Would you like it personally?

We were on our way to Kingston to see my parents.

Amanda's never met her grandparents.

Amanda's your daughter?

Miss Washington didn't tell you any of this?

Well, she did, but it was a while ago, and I should get it from you anyhow.

Okay.

Well, we had just boarded here at Logan.

I'd been on the plane maybe ten minutes when suddenly airport security comes and

tells me I have to get off.

Why?

Because I was too fat to fly.

Rebecca didn't tell you that part?

Oh, she did, she did.

Who specifically asked you to leave?

The flight attendant.

I was encroaching.

That's the word she used.

She said I was invading the seat next to me. The flight was full. They needed

the space.

Voices got raised.

It was awful.

And this happened in front of the other passengers?

Never mind other people.

In front of my daughter.

And then people started yelling for me to get off. I paid for my ticket like

everyone else.

I told her I wasn't going anywhere.

So they had security drag me out.

You were physically removed?

You don't know my case at all. No, I do. Miss Washington barely returned my

calls, then she fobs it off on you, and now you don't know the first thing about

it. I should make a complaint. That's what I should do. Melissa. It's not like

I'm asking for much. Just my fair back, plus maybe a little something.

But you people can't be bothered, can you? Melissa, I'm on the case, okay?

John Macklin?

Jonathan.

Thank you for coming.

This is James Berluti. He works with me.

Well, thank you both so much for taking my case.

We were ordered to.

Yes, well, I understand your reluctance.

Please.

You're aware that the prosecution intends to paint me as a racial

By hiring you, I hope to undercut that assertion.

As accurate as that may be.

I'm an educator, Mr. Young, nothing more.

My mission is to help people to improve their lives.

White people.

Yes.

My people.

I run a youth outreach program to help troubled teens.

I help the unemployed reverse their misfortune. My church exists, you see,

aid the disenfranchised. To restore to them what is rightfully theirs.

Even if it means committing murder to do it.

I am not involved in any murder, Mr. Berluti.

I would encourage you to study my teachings.

I'm not a violent man.

The shooter says you ordered him to kill.

The shooter, Mr. Daniel Grant, came to us as a runaway.

We gave him work, a sense of purpose.

Now, evidently, he's finding some purpose in implicating me in a crime I

part of.

His motive being?

Well, I have many enemies, Mr. Young.

The FBI taps my phone.

State police track my people everywhere.

My beliefs have made me a target.

and I think I've been set up.

They couldn't get to me legally, so they've done it illegally, using Mr.

Grant.

Now, you can believe what you want to about me, Mr. Young, but if you look at

the evidence, you won't believe that I committed this crime.

I'm asking for your help.

Will you help me?

Is there a reason all of Rebecca's cases have been dumped on me?

First of all, they didn't all get dumped on you. Yes.

No, I'm waiting for Mr. Ashford.

Is there a reason I have to place all my own calls? Does Tara not work here?

She's meeting with Roland.

And for what it's worth, the case you refer to as being dumped on you sounds

like a good one.

Jamie, the airline just threw her off with her daughter. Yes.

Mr. Ashford, my name is Jamie Stringer. I represent Melissa Kenner.

Kenner. No, my name is Jamie.

Roland, I want you to tell me everything that happened.

You entered the house.

Then what?

One second.

Is that wise?

Whatever he tells us, we're stuck with. Suppose we should want to argue the

elements.

Better for him not to tell us?

That may be true, but... I'm dying to know, aren't you?

Okay, look.

We're arguing insanity.

For that, we need to... We need to know what happened.

Exactly.

Sorry to keep you waiting.

Now... You came through the door.

Then what?

Well, I heard the sound.

The same sound.

Which sound was that?

Well, the bed.

I knew what they were doing, so I went up there.

This time, they didn't see me at first.

They just kept going.

And then I saw her look.

She looked at me like she expected me to walk in on them, and she was doing it

all for my benefit.

She had this look in her eye until she saw the gun.

Then I can't remember what happened.

They started saying something, but I couldn't hear it.

Their mouths were moving, but I don't remember hearing anything.

I just kept seeing the look in her eye when she saw me.

Watching me watch her.

Then I guess... I shot the gun.

Twice.

Then the bed stopped squeaking.

Everything stopped.

May I ask, where did the gun come from?

I kept it locked in the den.

When I heard the bet, I knew.

Then I grabbed it.

I loved her too much, I guess.

I had to shoot her.

Look, I don't think your client really wants the publicity.

Big airline physically removes a peaceful passenger who paid her fare

she's fat?

Well, I could argue the merits.

You have them?

Actually, yes.

She was taking up another passenger's seat.

A passenger who was also peaceful and had also paid full fare.

The reason my client was encroaching probably had more to do with you making

seat smaller to serve the bottom line.

Well, as I said, we could argue the merits.

But since you bring up the bottom line, Ms. Stringer, why don't we just get to

that? Fine.

You missed your filing deadline.

What? The statute of limitations for suing us has expired.

Our claim would be emotional distress. For that, we have three years to file.

Massachusetts. But your client was on an international flight. That means it was

governed by the rules of the Warsaw Convention.

You had two years.

which were up last month.

I really should report this oversight to the bar, truth be told.

But you seem like a conscientious young woman.

I'm going to pretend we never had this meeting.

Tara, we missed the deadline.

The what? The filing deadline.

The statute of limitations told on the airline case we can't sue.

Well, why didn't anyone tell me? Slow down. Did Rebecca never file a

I was brought into this late.

Jamie, I don't... What's going on?

This is private.

Well, it sounds like a crisis. I so enjoy that. Alan, Jamie said this is

private.

What am I going to do? The first thing?

You're not going to panic. The case is dead. I missed a deadline. It's

malpractice. Calm.

Are we calm?

Let's talk to Eugene.

No. Jamie. No, he is the last person I want to know about this. We're not being

calm.

What's up?

What's up is our man may be innocent.

What?

Say may.

The case is circumstantial, Jimmy.

But I've been going through all his published articles, and he's right.

None of them advocates violence.

Why would the kid say he was ordered if... I don't know.

Maybe to cut a deal.

I want you to talk to him.

The shooter?

Well, he's been talking to the press. His lawyer can't stop him. He might

to you.

I'm going to continue going through Macklin's papers.

You really think he could be innocent?

Talk to the shooter.

She just seems so upset. Maybe I can help. It's private, Alan. I'm sorry.

Come on. Throw me a bone. I'll throw you one.

Where are you going, anyway?

Off to see Roland. He wasn't looking so good.

You're not going to visit Roland.

You were coming unraveled. Did you not see that? I did.

And unraveled is in his best legal interest.

He's meeting with the court psychologist today, who hopefully will find some

diminished capacity.

Let's talk about Jamie.

Might it occur to you that I could help her?

She missed a filing deadline.

Big case?

Not terribly.

But if you were to ask the client, any suggestions?

Well, not that Jamie would ever do such a thing, but if it were me, I would just

tell the client that we settled, pay them out of my own pocket, and avoid the

whole malpractice thing.

That's fraud, Alan.

I said if it were me.

Is there anything that you wouldn't do?

For example?

Alan, what are you doing?

I was only trying to bed Tara.

I promise.

Mr. Macklin saved my life. I would never betray him, Mr. Berluti.

But see, you're saying he ordered you to kill the guy. Well, first, that's what

happened. He claims he never told you to execute anybody.

Mr. Macklin is a man of great principle.

He's a man who is profoundly honest, and I believe on a fundamental level, he's

taking pride in my truthfulness.

That having been said, it would be... understandable for him to be fearful

during this very trying ordeal.

You're saying this profoundly honest man is lying.

I think we need to pray for him.

Pray for him.

Mr. Berluti, I would agree.

Mr. Macklin's teachings have never called for murder.

Perhaps consumed by anger, he became lost.

But I have always been very clear, specifically in my devotion to him. I've

never wavered.

I killed Arnold Coleman because Mr. Macklin told me to.

Out of my own pocket, I'm not advising it. It's just something that Alan

you proposed.

Jamie, this is malpractice.

Black and white. You missed a filing deadline.

Sometimes judges forgive late filings, and I'm not going to cover up one

with another.

Are you kidding? As I said, I'm not advising it.

Is she in there?

With a snarl on her face.

Melissa, hey.

This is my daughter, Amanda.

Hi, Amanda.

Hi. I was thinking, since she got thrown off the plane too, maybe we could amend

our complaint and add her for extra sympathy.

Uh, that's... Melissa, I was going to tell you.

What?

For some... Well, sometimes...

What I'm trying to say.

Is that incredibly... The defendant has

offered to settle.

They have?

Yes. They are going to refund your full fare, yours to Amanda, and get this.

This is the best part. They've agreed to pay you $10 ,000.

What? Yes. I met with them, I got tough, and they just folded. It's fantastic.

Oh, my God.

Oh, my God.

Tell them no.

What? I've thought about it. What they did can't be fixed with money. Melissa,

everything can be fixed with money. I want my day in court. Your day?

Whoa, hold on. I want to put the word out. We could lose in court.

I think you should take the money, don't you, Amanda?

My mind is made up. Okay, okay.

Clients sometimes let emotion govern their decisions. It's my job to step in

objective. I'm not. Okay, take the money.

She's yelling at her.

I just... I just want you to be happy.

I want my day in court.

If they're offering 10, there's got to be more.

The way they treated me.

We're going to trial.

The news isn't good, Rowland. What's the matter?

Well, the state psychologist finds you competent to stand trial, which we

anticipated. But moreover, in his judgment, you fully understood the

quality of your actions.

Basically, he won't support our insanity defense.

Did you expect him to? Well, I was hopeful.

Now, listen, I've hired our own expert. Very expensive, highly pedigreed. He

could be an enormous part of our case. It's important when you meet with him to

act nutty.

I'm certainly not suborning false testimony or demeanor. Be yourself.

But that little fifth tapping thing you do, do that.

Also, the part where mouths were moving, but you didn't hear words coming out.

Be sure to include that.

And if true, of course, don't forget to mention you have no memory of squeezing

a trigger.

You're a lovely, sweet man, Roland.

But our whole case rests on you coming off as a loon.

Now I have a duty to report you. I prefaced everything with if true.

You just coached a witness to act crazy. Nonsense. I said be yourself.

Alan. Tara.

Did you hear the part about sweet, lovely man? That's true.

Do you want that sweet, lovely man to go to prison for the rest of his life? I'm

not talking about observation in a hospital until he's cured. I'm talking

prison for the rest of his life. That's not what this is about. That's exactly

what it's about. That's what it's always about.

You're not here to serve a process or an adversarial system second to none in

the world. If you're lucky, you'll have the opportunity every once in a great

while to defend a decent human being who really doesn't belong in prison.

You've got one here.

You know what you do in those situations, Tara?

Whatever you can.

Nothing more, but nothing less.

You lied to her?

Yes. And she turned down the offer, and now she wants to go to trial. And I

don't know what to do.

Jamie. How? I know it was stupid, but I... Oh, my God. So this woman thinks

airline offered her $10 ,000?

When we're barred from even suing because I missed a stupid deadline. This

Rebecca's fault. No, it's yours, and one you've compounded unbelievably.

Look, just help me.

Can you do that? I'm not really sure how.

I think we have to tell Eugene.

No. I cannot look at myself through his judgmental, unforgiving, intolerant,

vicious eyes. Forget it. This, the man you sleep with.

I've come to you, not him.

Please.

Okay, first, we all commit and get sued for malpractice. It's why we have

insurance. I've only been out of law school for two years. I didn't want it

my record. It would be the only thing on my record. Second, to lie to a client.

I know. I didn't plan it. It just came out. Well, Jamie, the only thing you can

do now is correct it. Tell your client the truth.

Eleanor, she was ready to call the bar on me before.

This woman will hold a press conference. Trust me. When she feels wronged,

that's why I'm in this trouble.

Can you please talk to her and convince her it's in her best interest to take

the $10 ,000?

No.

I can't do that.

I could lose my license over this.

If she makes a thing about it... I could get this

barred.

Jamie.

You have made a horrible mistake.

The best advice I can give you is don't make it worse.

Once he got a hold of the building, he immediately moved to evict Mr. Macklin.

We're talking now about the man you shot.

Yes. Mr. Macklin had gone to court to oppose the eviction, and upon suffering

defeat, a very public defeat,

That's when he told me of my mission.

Okay. You used the word mission.

Did Mr. Macklin ever use the word kill or execute?

He used the word eliminate.

He said my mission was to eliminate Mr.

Coleman. Did you question it?

Did you say, hey, hold on, that's murder. We don't do that.

No.

Why not?

Because, as I said, it was a mission, Mr. Berluti.

Well, suppose Mr. Macklin said it was your mission to kill your own mother.

He would never say that.

Why not?

He had a great love for me.

He still does, I believe.

Just as I continue to have great love for him.

A gay thing? I'm telling you. Not everything's a gay thing, Jimmy.

Don't make me out a homophobe, Eugene.

I'm telling you.

Let's just ask him.

Do you need time to think it over?

No, I do not, Mr. Berluti.

My silence is meant to connote offense.

Homosexuality is against God. It is evil.

Is it possible this boy has homosexual feelings towards you?

No, that is not possible.

Who is telling you this?

I just detected Danny Grant is kind of effeminate.

He speaks of you with great affection.

Danny Grant is a loyal member of my church who became misguided.

He acted unilaterally.

I'm sure he did so under the false assumption that he was serving me or my

church.

He's neither expressed nor manifested any evil homosexual intentions.

Look, this could be something to go with.

The victim defeated you publicly in court. The boy was in love with you, so

avenges your loss.

Then maybe feeling rejected by you.

He decides to say you ordered the hit.

There's no homosexuality in my church, Mr. Young.

If you suggest as much, I will discharge you.

Was he enraged? Yes.

Heat of passion, certainly, but insane?

I don't think so.

Did he tell you the part about seeing mouths move and not hearing words come

out? Yes, and he tapped his fist per your instructions.

Look, your problem goes to everything that transpired before he went into the

bedroom. He says he knew what was going on when he retrieved the weapon. He

likely formed intent down in his den.

Did he say that? Well, why else would he get the gun to clean it?

What, are you a profiler now?

No. I'm a psychologist who is on your side, and I am advising you not to go

insanity.

What about automatism?

Isn't it possible that he got the gun to scare them, to threaten them, maybe

even shoot them?

But once he went into the room and he saw his best friend screwing his wife,

everything after that was involuntary.

So you're saying he retrieved the gun downstairs?

I'm saying that even if he had a general intent to assault or kill when he was

downstairs, that once he went into the room and he thought he saw, he then went

on automatic pilot? Isn't that possible?

Well, I suppose... That's what happened. I can feel it in my heart. That's

precisely what happened.

Wonderful. Tara, you've been holding back.

I can't let this proceed with you, Miss Wilson. You're not yet a member of the

bar.

I'm sure Mr. Shaw will be here imminently.

Well, that's not good enough.

Take Mr. Huff back into custody.

Call the next case.

I'm terribly sorry.

Did I miss anything good?

Mr. Shaw, I run a punctual, crisp courtroom. I appreciate that, Your

apologize. I can make this very short.

We only seek to change our plea.

This formality should take about two seconds.

Hello. You're changing your plea to what?

Not guilty by reason of automatism.

What did you say?

Automatism? It's actually one word, Your Honor. It basically means my client was

not in control of his actions.

Well, I won't let you argue that.

I beg your pardon?

You will not make a mockery of this court, Counsel.

On what factual basis do you... Your Honor, if you walked in on your wife

your best friend, wouldn't you go a little plooey?

The last lawyer before me from your firm insulted the integrity of this room. I

will not let it happen again.

I'm not liking you so far.

How about this?

Deny my defense.

I'll get you tossed for abuse of judicial discretion, and we can be done

each other. Does that work for you? Oh, you won't be done with me, Mr. Shore.

I assure you.

Are you attracted to me, Judge?

Our plea.

is not guilty by reason of automatism.

Deal with it.

This could be... Well, there's something you need

to know, Melissa.

I already know.

You do.

Yes, I do.

And all I can say is thank you.

Mr. Torrance came to my house this morning. He actually drove right to my

Mr.

Torrance? From the airline.

He told me how relentless you've been.

He also told me you even offered to put up some of your own money if they'd

match it.

Oh, uh, Mr. Torrance told you that?

And then he offered $25 ,000 and something else.

An apology.

He said they were wrong.

He looked me right in the eye and told me how sorry he was.

Then he did the same with Amanda.

Said he knew what his employees forgot.

That we're human beings.

Anyway, I accepted his offer.

Probably should have called, run it by you first.

But the truth is, I got all I wanted.

So I said yes.

Thank you, Miss Stringer.

I'll never forget this.

Conspiracy to commit murder, we'll agree to ten.

Accessory, another ten.

Served concurrently.

Mr. Young?

It's a start.

A start?

Your client ordered an execution.

The most it will serve is ten years.

It seems like a fair offer, Mr. Young.

It is, but I can't recommend it. Why not?

Because I got a better than even chance of getting a lot guilty.

Mr. Young, for everybody's sake, and I do mean everybody, A trial would be best

avoided.

I'm not following. Are you asking me to tank this?

No. I'm endorsing the district attorney's offer as a reasonable one.

Ten years for murder is a bargain. And the cost of going to trial would be

immeasurable for all the players. Not to mention the city of Boston. Those

factors aren't relevant. Are you kidding?

The reason I plucked you in the first place is because of the racial

ramifications. The city is right. This is a case I think I can beat. Given that

I will not recommend to my client, he plead guilty.

You plucked me, Judge.

You got me.

Are you sure this is what you want, Counsel?

I still can't believe that he didn't lock you up. Oh, if she had, it'd be

to get rid of him.

Next step, tap into your network. Find me a British medical expert on

automatism. Why British?

See, Americans think the English are smarter.

Jamie. Hey.

Did you tell Alan about my little predicament?

I'm sorry?

Is it Alan Shore, by the way?

Or Torrance?

I've never been good at riddles.

It had to be you. Who else?

He went to Melissa Kenner and pretended to be somebody from the airline and

settled the case.

You put up your own money?

All she really wanted was the apology.

Why would you do this?

You barely know me.

Well, any chance I get to break a law.

I don't know whether to thank you or to curse you for getting me in even deeper.

But I'm going to go with thank you.

You put up your own money.

What's going on?

Meaning?

Meaning that you're not that nice a fellow.

You know, I like to fantasize when I go to bed.

Helps me sleep.

I've been having wonderful sessions with you in mind, actually.

But with Jamie, I keep hitting a block.

Sex isn't all body parts for me, Tara. It's mental.

I've been sensing...

Jamie's repelled by me for some reason. Now that I've perhaps courted her favor,

I'm hoping that my fantasy could have a life.

Tara, whether I'm committing random acts of kindness or impersonating an airline

executive or even talking back to a judge, it's always about getting the

Even if it's only in your mind?

The one place I'm never disappointed.

You know what I love about your talk, Alan?

Is it makes me feel safe.

Does it now?

Because men who talk never do anything.

Would you like me to be a doer, Tara?

I never make the first move.

It's beneath me.

I always make the first move.

But I'm not going to here.

Happy to make the second.

Perhaps the third.

But you need to go first, Alan.

It needs to be you.

I think not.

Oh, it will be.

Oh, it won't.

I'm waiting, Tara.

Things are beginning to tingle.

I'm right here, Alan.

Your instincts were correct. That offer is unacceptable.

Look, I don't mean to sound too confident. In the public's mind, you

stand convicted.

And ten years?

It's not a bad deal. I would not last one day in prison, Mr. Young, much less

ten years.

Not exactly my demographic.

Sorry? I don't mean to disparage you.

You think prisons are full of black people.

We don't need to get into this. Oh, I got time.

Eugene. Mr. Young.

In this country, there are more black men in prison than there are in college,

Mr. Young. That is not a white supremacist opinion. It is a fact.

And you don't think that has anything to do with the white society that has...

All right.

Let's just stick to the case.

The offer of 10 years is officially rejected.

I did not kill anybody.

There won't be any plea.

Mr. Young, you and I need to get on the same side now.

My trial begins in six days.

Mr. Macklin, I will give you the best defense I can.

But you and I will never be on the same side.

I am a human being.

I need you to see me as a human being.

Certainly you're capable of doing that.

You did it.