Original subtitles

Previously on The Practice.

Something wrong, Eleanor?

You came to kill me.

You know how many times you've killed me.

Bad boyfriend.

Senator Pataki's assault trial.

I'd like you to second chair.

That trial started yesterday, I thought, on the news.

Yeah. All goes according to plan. It'll be over by Thursday. You won't have to

do a damn thing.

Bobby, who is he?

What's the witness? Who the hell is he?

He forgot who that witness was, didn't he? You could tell?

No, only because he clenched his hands.

Has this been going on since the stroke?

Joanne told me. You go to the judge and you tell him that I've forgotten the

facts in this case, and I'm finished.

The fall is coming.

He is only going to listen to you.

It's time, Ray.

It's time to quit.

You're Raymond Oz, aren't you?

That I am.

Wow.

You know...

I've always dreamed of being on opposite benches, you and me, but in a

courtroom, not a hallway.

You a lawyer?

Harlan Bassett. I can't say I've argued before the Supreme Court, but... Plenty

of time.

What are you, about 65?

53.

Do I look 65?

I'm just a crazy old man.

Appearances mean nothing to me.

You know, you and I enjoy reputations. You're considered one of the greatest

lawyers in the history of the Commonwealth.

And me, I might be thought of as one of the worst.

Reputations can change in a heartbeat.

What are you, 62, 63?

53.

Raymond. Bobby, I need to talk to you. It's important.

What's up?

Well, unfortunately, Bobby, I need your legal help.

This isn't easy.

It's about Joanne.

How do you mean? You know we've had our disagreements in the past.

Lately, her behavior has become outrageous.

First, it was just receipts stuffed in the kitchen drawers.

Then she began to disappear for hours on end. And when I asked her where she'd

been, she got angry.

And then one day, she came home smelling.

smelling like she'd been with a man.

She denied it, of course, and said that I was out of my mind.

Ray, I can't imagine Joanne having an affair at her age. Now, damn it, don't

go against me, too.

Let me finish.

I'm sorry.

What can we do for you?

She's taken me to court.

She wants a divorce?

Oh, no, she's too smart for that. No, she wants to be named my conservator.

She wants to get control of my money, my estate, everything.

Everything.

Well, she's probably got a guy stashed in some motel playing me for a fool.

Right, right, easy.

Easy.

Now, I could represent myself, but I need independent counsel.

Someone I can trust.

Let me talk to Joanne. There's no talking to her. I know there's a hearing

scheduled for 9 .30 this morning.

I hate having to ask.

I'll be there.

I don't know how long this will take. I'll call in as soon as I have a better

idea. Bob, you still have Harlan Bassett waiting. He's in the hallway. Oh, God,

I forgot.

We should get going. Come on.

Harlan, sorry for the wait. Oh, it's all right.

What can I do for you?

Now, I got a lewd and lascivious schedule for trial this morning.

Bogus. He's a good kid. It's an easy NG.

But Judge Hiller, she's ordered me to get to a counsel.

What? I don't know. She has some bug up her ass about me.

What was her legal reasoning, Harlan?

Something about how I've never won a trial.

You've never won a trial? Lindsay.

I got a winner here, Bobby. And you guys got a good record with Judge Hiller.

It's a two -day trial, tops. It's a guaranteed NG.

Please.

Not a chance. I told him I'd help him out.

All right, all right, quiet.

Rebecca. No, I do not need that kind of experience. I've seen that man in court.

Bobby, it's bad for us to even be associated with Harlan Bassett. He's a

guy. Yeah, and the world's worst attorney.

Lucy Strauss.

I'm too busy anyway. Why can't we put this to a partnership vote? It's a two

-day trial at most. I do it myself, but I promise to help Raymond odds.

Pick him. Love to be a long straw tonight.

Damn.

50 bucks. Not enough. Look, I do not want to be in court with that man.

Eugene. I owe you. You got that right.

He's really never won a case ever. And he never will.

What with you at his side.

Knock him dead.

You might want to keep this for next time. Yeah.

Thank you all very much.

Maybe he should have picked him up.

He wouldn't let me.

Joanna.

Bobby, how are you?

Hello, Mrs. Oz.

Lindsay Dole. I co -chaired your husband's last case with Bobby.

Yes, of course.

Abby Smythe, Forte & Crane.

Joanne, I just thought we might be able to keep this in the family. We should go

inside. I'm concerned, too, but is this really the way to handle it?

I don't have a choice, Bobby.

The bank calls every week, and the creditors and the accountants. How can

keep covering for his wild spending and his...

Praising us. But having him declared incompetent.

You looked me in the eye two years ago and told me to step in. That was about

getting him to stop practicing the law.

This is about competency.

I can't control him anymore. Control me?

I don't need you to control me.

Ray, can we just find some place where we can all sit down and talk about this?

The session starts in four minutes, Counselor.

I did not expose myself to that woman. All right, Marvin, I just wanted you to

meet Mr. Young because he'll be helping you with your trial. If you need help,

what am I paying you for?

God, this whole thing is a joke. Mr. Blaylock, this isn't a joke. Your charge

carries a three -year sentence. What about my ace in the hole?

Excuse me? I hadn't broached that subject with Mr. Young yet.

There's an evidentiary matter that's not apparent from the reports.

What evidentiary matter? It establishes that Marvin couldn't...

Possibly be the perpetrator. That's what I'm saying. Well, I looked through the

file and I didn't see any affirmative defense file. That's because it's not an

affirmative defense.

It's a physical impossibility.

So what are we talking about here? Impotence?

Hardly. Marvin has an unusual physical characteristic

that is inconsistent with the victim's description.

And are you going to tell me what it is?

Let me put it this way. You've heard of hung juries?

Yes. Well, we got ourselves a hung defendant.

Eleanor?

Mike?

How you doing?

I'm okay.

What's up?

Well, do you mind telling me where you got the gun you used to shoot George

Bogleman?

Helen shot him.

Mine had blanks. Yes, I know. And Helen had a permit for hers.

Well, you're here because you know I didn't.

You here to arrest me?

I'm here to tell you. Because I would just love to. You talk about your test

case? I used that gun to defend myself in my home. So go ahead and press

charges. Eleanor. Are you here to arrest me?

I'll tell you this.

Don't dare me.

I am daring you. That's exactly what I'm doing. Eleanor, cut it out. I came here

prepared to give you a break and tell you only that you wouldn't be getting

gun back. But don't get on any high horse, Eleanor. For every gun used in

-defense, 40 more are used to commit murder. And the only reason you're not

yourself right now is because your friend George preferred to play with

more than he did pistols.

And don't make me out the world's biggest idiot.

The psycho killer who stabbed Lindsay, you brought him to the party. He was

under your nose the whole time, and you couldn't see it.

I love my husband, but I can't rely upon him anymore.

A few years ago, he had a stroke, and he just won't admit that he's getting

worse. Can you give us examples?

He runs up enormous bills on our credit cards, and then he accuses me of doing

it. Last week, he gave our housekeeper a diamond necklace he bought for me for

our 40th anniversary.

Anything else?

Just the other day, I came home and found the refrigerator filled with 15

of lunch meat.

For the two of us.

Mrs. Oz, have you consulted your husband's physician?

No, he won't see a doctor.

He thinks that they're all out to get even with him because he won a few

malpractice suits.

And he's accusing me of... He's accusing you of what, Mrs. Oz?

Of having an affair.

It's so ridiculous.

It's true.

You know it's true.

Mr. Oz, please be seated.

And now he's threatening to give away his estate so that when he dies, I'll be

left with nothing.

His revenge, he says.

And he calls me a whore.

Tell the truth!

Ray! Mr. Oz!

You betrayed me! Raymond Smith! Mr. Oz!

You betrayed me! Raymond!

I... I told the judge that Raymond should stop practicing law.

But he, he's just never forgiven me for it.

Mrs. Oz, who pays the bills in your household?

My husband.

Are your utilities paid up to date?

Yes. Credit cards paid in timely fashion?

Not always, but most of the time.

Has your husband ever missed a payment on his insurance or any other financial

obligation?

No. And has he actually changed his will in the last two years?

Well, no, but he's threatened to... The question is, has he changed it?

No.

And you said it was you who told the judge it was time for your husband to

practicing law.

Yeah. And he's never forgiven you for it.

No, I don't believe he has. You talk of threats and revenge and not being

forgiven. That is an incompetence, is it, Joanne?

That's anger.

Bobby, what are you trying to do?

I'd ask that the witness be instructed to answer the question. If you love him

as much as... Ask that the witness be instructed to answer the question.

All right.

Please answer the question.

Yes, he's angry.

He's a very angry man.

I interviewed the complaining witness who said the man had exposed himself to

her. Was Ms. Cosgrove able to give you information about the perpetrator?

Yes, she was able to give me a detailed description.

Did you arrest anyone at that time? No, we were unable to locate the suspect.

Then about a month later, we received a phone call from Ms. Cosgrove.

She sounded extremely upset and told me that she had just seen the man. We

proceeded to the location and attempted to arrest the defendant.

Attempted to arrest him? Mr. Blalock looked in my direction and took off

running. My partner and I chased him for several blocks until he ran into an

alley with a dead end.

What happened then?

I placed him under arrest, and he was subsequently identified in the lineup by

Anita Cosgrove.

Thank you, sir.

Mr. Bassett?

One moment, please, Judge.

I don't think we really need to get anything out of this witness.

Would you mind if I ask him a few questions?

Oh, go ahead.

Officer, when you arrived at the location to arrest my client, were you

partner in uniform?

No, we were in plain clothes.

Was your car marked or unmarked?

Unmarked. And that neighborhood is known by your department to have a high level

of criminal activity, including shootings.

Yes. So it's entirely possible that when Mr. Blaylock saw an unmarked car pulled

to a sudden stop, you and your partner jumped out of that car in street clothes

with guns, that he might not have realized that you were police officers.

I called out and identified myself.

But you can't be sure that he believed you or even heard you.

No, I can't.

Thank you.

Good job.

It would be easy under the circumstances to say, gee, I guess I never really

knew him.

He wasn't who I thought he was.

I would discourage you from thinking that.

Mental illness is an illness.

And George simply became ill.

That doesn't negate the kind man you knew, the gentle man. George was that.

He was not a man of hate.

And it would be wrong for us to feel hatred towards him because of symptoms

suffered from.

I hope.

That we resist the urge to think we never knew him and instead

simply admit we never knew the depth of his illness.

They're calling him as the next witness.

I heard.

Where is he? Men's room.

I feel bad for her.

I'm sure she never thought it would end up like this.

Judge is returning.

Okay. He's going to get crucified in that witness chair, Bobby. They're

he'll blow.

He knows he has to stay calm.

He's got no chance of staying calm. We both know it.

Can't we work this out?

He won't budge.

He's crazy.

That's up to the judge to decide, not us.

Bobby, he's going to get hurt.

If you love him as much as you say.

Ray, you in here?

Close the door.

She's out there.

Come, come.

Who? Joanne.

She wants to kill me.

Oh, Ray.

Don't, don't touch those. Those are under my scent.

Don't, don't. Ray, you are due to take the stand in two minutes.

Bobby. Oh.

Oh, Bobby.

I always... I always considered Bobby... my son,

you know.

Get it continued.

Why? Just tell the judge he's taken ill. We'll continue it tomorrow.

I was waiting at a bus stop.

He walked up to me as I was sitting there and asked if I had change for his

bill for the bus.

The defendant?

Yes. I opened my purse to see if I had change.

When I looked up to hand him the money, there it was.

There what was?

His sad, pathetic little penis.

Aroused. And what was going through your mind as this happened?

Shock.

Fear.

Disgust. And did you have an occasion to see Mr. Blaylock again before today?

Yes. About four weeks later, I saw him standing there loitering at the same bus

stop. I called the police. They came and got him.

Thank you.

Yours.

No questions, Your Honor.

Just a few from me.

You had never seen the perpetrator prior to the day he exposed himself?

No. On the day of the incident, you described the guy who did it to the

Yes. Events were still fresh in your mind at that time? Yes.

And you were very careful to give as much detail as you could to the police

that they could catch the person?

Right. Now, did the police ask you about things like approximate height and

weight? Yes.

I told them all that.

And do you remember...

If they asked whether the perpetrator had any distinguishing physical

characteristics. I do remember, and I told them no, he didn't.

No unusual markings, tattoos, piercings, or deformities. Nothing unusual in any

way about his body.

No.

Thank you, ma 'am.

That's all I have.

Embarrass me in front of the jury when you jump up like that.

Embarrass you?

We had to establish what she saw or didn't see. She said.

Sad, pathetic little penis.

Undirect. That's all we needed. Not in my opinion. You're second chair, Eugene.

The judge wouldn't let you try this case by yourself, Harland. What does that

tell you?

Now, I don't want to be on this case, but I am on it, and I'm not here to set

some inadequate counsel appeal where you can take a number behind all your other

clients. Don't you talk to me like that.

I may not have won a jury trial yet, but I've won plenty of motions, and I'm a

good lawyer in that room.

No, you're not, Harland.

You're a nice man, but you're not a good lawyer.

I'm going to take Marvin's testimony.

You can back me up if you think I've missed anything.

Okay.

You know the craziest thing next to him?

We should win.

If they haven't made their burden, then he can't manage his financial affairs.

He can be naked in as many bathrooms as he wants, but if his affairs are in

order... Bobby.

We have a problem.

Where's Ray?

Is he all right? Hell yeah.

He's fine.

Ray.

Bobby. Bobby, Bobby.

Bobby.

Oh, God.

Bobby.

Ray. That is really necessary.

Ray, what happened?

She tried to kill me.

Joanne? Yes.

What do you mean?

She had a knife. A knife.

And I had one to knock her away.

Wait, wait, wait.

Do you realize what you've done?

Defense.

She tried to kill me.

She tried to kill me.

Look,

I don't know what to tell you.

He swears she tried to kill him.

I don't want to go to trial.

Neither do I. Going after Raymond Oz won't win me any popularity content.

kind of deal can we make?

Manslaughter. We can ask for light sentencing, maybe framing him.

Ellen, I can't let him do any time.

I thought these two guys were trying to kill me.

I didn't know there were cops.

That's why you ran?

Yeah. And when they told me what they were arresting me for, that's the first

heard about any of this. You didn't...

Present yourself to Anita Cosgrove like she described?

No. You heard Anita Cosgrove testify that the perpetrator had no unusual

physical characteristics?

Is there anything about your body that differs from that description?

Yes, there is. Could you tell the jury what that is, please?

I was blessed with a large penis.

What was that?

I'm huge, Judge.

Please, everybody.

Where the hell is this going? The complaining witness has said that my

has a sad little penis with no unusual physical characteristics.

That is inconsistent with the physical evidence I'm about to introduce.

What introduce? You're offering photographs?

Actually, no. I would like the jury to have a viewing.

You're asking me to let your client drop his pants in court?

Photos wouldn't do it justice.

The jury wouldn't get the full dimensional effect. My client has a

constitutional right to present his girth, Your Honor.

Well, I'm not doing it here.

Members of the jury, we will all be adjourning to my chambers.

Let's go.

Isn't this exciting?

Well, evidently she knew she was losing that incompetency motion.

And killing me seemed to be the only other recourse she had to getting my

I still can't believe it.

The police don't believe that Joanne was trying to kill you.

I must say, I have a hard time believing it myself.

They're offering you a deal.

No contest.

With 12 months hospital commitment.

Insanity.

Ridiculous. Our case is weak.

Didn't they check the knife for her fingerprints?

It was a kitchen knife, Ray.

She was fixing dinner.

I think we should take the deal.

It was self -defense, Bobby.

Self -defense, I tell you.

There won't be any deal.

You're not the man's mother or his minister. If he wants to go down on self

-defense, that's his right. I can't accept that.

And by the way, maybe I am his mother. We have to listen to the client. The

client is crazy.

Yesterday you said that was for the court to decide, not us. That was before

murdered his wife. He's obviously nuts.

Won't the court order a psychiatric evaluation before he can stand trial?

means nothing. If he understands the charges, he'll pass the test.

Well, why don't we see how it goes before we decide anything?

For the arraignment, let's send him not guilty.

In which case, Helen will pull the offer and he could end up going to prison.

Look, the guy's insane.

Let's just dump him. Haven't we had enough crazy clients?

Have to be let out for God's sake.

I know I've apologized twice, but I'm going to do it one more time to convey

court's embarrassment.

But every defendant is entitled to a complete and zealous defense.

So...

Mr. Blaylock, go ahead.

What's that? It's pierced.

which is another thing the complaining witness would have noticed had it been

client. All right, we've seen enough, Mr. Blaylock. Uh, excuse me, Your Honor.

feel that the jury still has not the full appreciation of my client's

in its current state.

What are you asking for now?

If the court will allow, I will simply place in the ring.

It was humiliating, and for Harland, it was a career high. It's almost over.

Look, I'm not picking straws on this kind of crap anymore. People say,

the dignity in law these days? Well, it's not in that room. Well, there's no

dignity in an innocent man going to jail. If Harland prevents that... He

have got the same evidence he ain't using photographs.

He wanted to be sensational because he's a loser who's never won a case. Oh,

come on, Eugene.

We're not above humiliating other people to get acquittals.

We can't taste the medicine ourselves.

Where's Bobby?

Right here. What's up?

Let's talk on Ginkgo. You were right. Raymond passed the psychiatric exam.

You see?

They found him competent to participate in his defense.

Which means he can reject insanity.

I gotta talk to him.

Hey, Lindsay.

It's Helen. She's having a little roommate problem.

Helen?

She has been holed up in that room all day. I try to talk to her and she just

looks at me in a violent way. This is a week after I saved this woman's life.

All right.

Hey, what's going on?

Eleanor.

I never apologized to you, did I?

For what?

I brought George Vogelman to the party. He tried to murder you.

Eleanor, you couldn't have known.

I have to face the reality, Lindsay.

I have a total incapacity when it comes to reading people.

That's not true.

I don't know if I can ever

anybody again?

You will?

No.

I have this truly awful feeling that I won't.

And you know, George?

Of course I passed.

Passing a competency exam to stand trial does not mean you're sane. I don't have

to tell you that. But it does mean I can direct my lawyers, and we reject

insanity. Ray!

Did you tell her, did you tell Joanne that I passed the psychiatric exam?

Hyland.

Joanne is dead.

You're charged with killing her.

Oh.

Yes, she's dead.

Can I see her?

I don't think so.

Listen, the only way that I can effectively represent you here is to

you.

It's not going to happen.

You confess.

No.

No, I said self -defense.

And I have nothing to dispute that.

Now, look here. We have to get the forensic reports. Oh, and talk to

lawyer.

Privilege does not survive Joanne's death. Now, the lawyer may be able to

us something. Raymond.

You're ill. You need to let me help you.

Look, you see, I'm like a son to you.

At some point, fathers let their sons take care of things.

I won't.

I won't plead insanity.

My legacy cannot be that.

I cannot go out on that.

I want to be judged not guilty on the elements.

Bobby?

Well, where is she?

So you're going to withdraw?

I don't have any choice.

I don't get why you say that. You have a choice.

What, go for a straight not guilty?

Yes, we do it all the time. Go for a straight not guilty with guilty clients.

Why can't we do it here? Good question.

It just feels more obscene here. I mean, he's... It's not a game. It's somebody

I love, and he's gone mad.

But we can get him off just the same. It is possible.

I have a bit of a confession to make.

I'm a lousy lawyer.

Not that it's relevant or even appropriate for me to talk about in a

argument, but I've never won a jury trial.

About ten years ago, I had lost so much confidence, I only took on clients I

knew were guilty. That way, when the conviction came down, I wouldn't feel

totally responsible.

But it hurts.

Never winning.

Mr. Bassett.

Sorry.

But I took on an innocent one here, ladies and gentlemen.

I'd like to say it was for his sake.

But it was more for mine.

The physical evidence completely and totally contradicts the complaining

testimony. She...

identified the wrong man.

And even a terrible lawyer can't change what we all know to be the truth.

Marvin Blaylock is an innocent man.

Commonwealth versus Raymond Oz, murder in the first degree.

Bobby Donald for the defense, wave reading.

Helen Gamble for the Commonwealth.

The defendant enters a plea of not guilty. We'd ask that Mr. Oz be released

his own recognizance. Did he undergo a psychiatric?

And path.

He has established roots in the community. He's well known. One million

200 ,000 cash.

Your Honor, I'd like to represent myself.

Mr. Oz, I need hardly remind you that a man who hires himself for his lawyer...

Gets billed just the same, I'm well aware, Your Honor. However, since most

people would seek out Raymond Oz in this circumstance, I see no reason why I

shouldn't do the same, particularly when I stand a pretty good chance of

reaching him.

I don't think it's appropriate to enjoy a murder trial, Mr. Oz, especially when

your own wife is the victim.

Your Honor, I...

I think that I

understand the risks of self -representation, and I am prepared to

And it is my right.

Your Honor does believe in rights. Unless, of course, the reports of your

judicial integrity are exaggerated.

I will allow you to represent yourself, but I'm ordering Mr. Donald to stay on

as co -counsel. I don't need him.

Well, then you'll just have to humor me. I would like to have an immediate trial

date, Your Honor. There's no discovery necessary here, and I will stipulate to

the forensics.

And I am an old man, and I really would like to be acquitted before I die.

We can go in three weeks, as long as Miss Gamble doesn't object.

We can be ready.

Mr. Oz, I have half a mind to declare you incompetent. And if you had the

half, you could call me crazy.

See probation.

Will conference set a trial date? Attended.

Mr. Oz.

Mr. Oz.

What will be your legal strategy?

Oh, I wouldn't presume to declare a legal strategy, ladies and gentlemen.

suffice it to say, any lawyers for citizens are lucky.

If the facts in the case support his claim, and here they do.

Are you ready for this?

Are you? I forgot to ask a very simple and important question.

What really happened?

What really happened?

Now, I not only intend to raise that question, but I intend to answer it

Will the defendant please rise?

Madam foreperson, the jury has reached a verdict. We have. What say you?

Commonwealth versus Marvin Blaylock on the charge of lewd and lascivious

behavior. We find the defendant, Marvin Blaylock, guilty.

What? Members of the jury, this completes your service. You're free to

the court's thanks.

Mr. Blaylock, see probation.

will be heard on sentencing next Tuesday.

Adjourned.

What happened?

You try to get case on it.

Oh, I don't understand.

Mr. Young?

I'm Dr. Robert Pine. I was on the jury. I know I'm not supposed to say anything,

but... But what?

I'm a plastic surgeon. I specialize in penile enlargement.

I saw the markings. Your client altered the evidence.

Is that what was discussed back there?

Your Honor.

Mr. Curley, approach.

Defense moves for a mistrial.

This jury is a plastic surgeon who offered testimony during deliberations

affected the verdict.

What? He's a plastic surgeon. He saw scars. He concluded that my client had

penis enlarged.

Is that true?

Yes. You gotta throw it out, Judge. Why? The jury's free to evaluate evidence.

He's a plastic surgeon. Look, I've wasted enough time on this case. I am

going to start over.

The deliberations were tainted.

Thirty -day sentence.

All suspended.

Conditioned on counseling. You can't do better than that. You won't with a new

trial. Done.

All suspended. You don't serve a day. We gotta get you counseling.

What, by no time?

No time.

Great.

Harlan? Huh?

Oh, great.

Good result.

Good. Where's Al?

And so, ladies and gentlemen, after all the evidence has been presented, you

must take it back into that room.

Along with your duty.

Your duty to uphold the law. Your duty to hold the state to its burden of

proof. Because you see, ladies and gentlemen, this is still a country where

people are free. And for you to take away a man's freedom, for you to remove

from the free world, you must find guilt.

The unreasonable doubt. That is all doubt. Not most doubt. Not a great

of doubt.

All doubt.

All right.

Duty.

Land of the free.

All doubt.