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Original subtitles

Previously, on The Practice.

She's taken me to court.

She wants divorce?

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

Joanne, I just thought... You looked me in the eye two years ago and told me to

step in. That was about getting him to stop practicing law.

This is about competency.

I can't control him anymore. Control me?

I don't need you to control me.

Where's Ray?

Is he all right?

Bobby, Bobby.

Okay.

Ray, what happened?

She tried to kill me.

You don't realize what you've done.

How about an NGI plea?

Insanity. Get the right shrink at the psych exam?

I'll back you.

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

insanity. It's not going to happen.

You confessed.

No.

No, I said self -defense.

Commonwealth versus Raymond Oz, murder in the first degree.

The defendant enters a plea of not guilty. Your Honor, I'd like to

myself. 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

me.

One of the reasons I went to law school was Raymond Oz.

Sitting over there in that chair is a legend.

When I decided I wanted to be a lawyer, I, like so many others who have walked

into this room, really wanted to be him.

I sat back in that gallery and watched him charm hostile witnesses, befuddle

the... smartest of judges, mesmerize juries, he quite likely will charm and

mesmerize the 12 of you.

But we are not here today in tribute of Raymond Oz. We are here because he

committed a murder.

The evidence will show that he picked up a bronze trophy that had once been

presented to him for one of his many accomplishments, and he struck his wife,

Joanne, killing her.

I wish it weren't so.

You have no idea how much I wish it weren't so.

But it is.

Wishes he were me, he says.

Look behind my table, ladies and gentlemen.

You won't see any sons and daughters, grandchildren.

We never had them, my wife and I.

All we had was each other.

And yet our lives never felt empty.

Ours was a great love affair.

I killed her.

The only woman I ever loved. I killed her.

But it was in self -defense.

Mr. Bay wasn't there. The police detectives weren't there. I was there.

A great love affair.

And I don't know what will haunt me more.

That in the end, I took her life.

Or that in the end, she tried to take mine.

When we arrived, we discovered the victim on the dining room floor bleeding

a head wound. Did you see anybody else?

The defendant. He was sitting at the kitchen table. He appeared to be crying.

Did he say anything?

He said that he had to do it.

He just kept saying he had to do it. Did you ask him what he meant by that?

Yes, and he replied she had to be stopped.

Thank you, detective.

Didn't I tell you that she tried to kill me?

and that I acted in self -defense. Didn't I say those words to you?

That came much later.

Please read Miss Gamble's question.

Did he say anything?

That's the question. Anything, not right away. Why didn't you tell the jury

everything I said, detective?

I thought the question referred to when I first arrived.

Is that really so? Or did you think that if you told the whole truth...

It wouldn't help secure the conviction that you're up here to get as a witness

for the prosecution.

Objection. Sustained.

Did you find the knife at the scene, detective?

Yes. We found a nine -inch serrated carving knife on the floor. Run

fingerprints? The fingerprints belong to the victim.

Something else you didn't tell the jury in your direct testimony, isn't it?

She didn't ask me about the knife.

She didn't ask you about the knife.

So far, so good.

I gotta hand it to him. You come down to watch?

No, I'm having a quick lunch with Roberta.

Judge Kittleson? Yeah.

Are you two back together again?

Oh, I don't know. What kind of talking about? Jimmy, she's the judge on this

case. That's a potential conflict.

Are you kidding?

Her and her integrity of the rope crack? Even the perception of bias. It's my

business, not yours.

If he stays that good, we're in trouble. He won't. There's no way he's going to

make it through the whole trial without flashing his rage.

He has to take the stand.

I'll keep him up there weeks if I have to. He may not have to take the stand,

Helen. Not if we don't make the elements.

We're making the elements.

What? That look you get in your eye. That trial look.

You are a killer, you know that? An icy killer.

Thank you, Richard.

compliment i take it of course it was your style's the same as mine i'm in

with you i'm sorry i should say infatuated i mean you're smart you're

got that little catholic girl thing and in the courtroom you are vicious and i

totally go for it the whole package richard we're in the middle of a trial

i speak my mind yes while i'm speaking mine let's stick to business the point

impact was right here At the base of the skull.

Were you able to make a determination, doctor, as to which direction the blow

came from? I think it's quite obvious it came from behind.

Now, doctor, if Mr. Oz had swung from the side and the victim turned her head,

is there any chance it could have struck her like this in the rear? No, she had

to be facing the other direction. The blow came from directly behind her. You

can state this for a medical certainty.

Absolutely.

Mr. Oz?

I'm delighted to know that there's such a thing as a medical certainty.

The last one I knew of was when my brother -in -law was told he had six

to live.

That was a medical certainty.

That was 12 years ago.

He still beats me at tennis.

Doctor, I'm going to propose a hypothetical to you, and I want you to

it's possible.

A woman comes at a man with a knife.

She swings wildly and she misses. Then she comes at him again, at which point

picks up a heavy bronze trophy in defense.

She comes at him again. He rears back to swing.

And as the trophy comes down, she turns to run away. And she turns 180 degrees.

But it's too late because the trophy comes down and strikes her on the back

the head. Now, I don't want you to answer in probabilities or likelihoods,

Doctor. The question is, is it possible?

Yes or no?

I suppose it is possible.

Thank you, Doctor. You have just answered one of the most important

before this court.

Mr. Oz?

Who the hell are you?

Anyways, he's closer to me than my own father.

The idea of him being a spectacle.

Bobby, have you been paying attention in there?

He's winning.

So far, maybe.

You all set?

Yes, let's go.

Trevor.

Raymond.

I'm so sorry.

You've heard me speak of Bobby Donald.

Bobby, this is Trevor Wayne, one of my oldest and dearest friends.

That's great of you to come. What a surprise.

But the room's full.

They're turning people away. Can we get him in, Bobby?

He's... He's testifying for the prosecution.

What? He's on their witness list.

Oh, oh, oh, yes, of course.

Of course.

Mr. Wayne, we have to get in.

I'm sorry, Ray.

We should be getting into it.

Come on, Ray.

Yeah.

Yeah.

Let's go.

You two are friends. Over 50 years, we stood up for each other at our weddings.

And yet you're here testifying against him today.

You subpoenaed me.

Mr. Wayne, the defendant spoke of a great love affair between him and the

victim. Did you have the opportunity to witness their relationship?

Yes. Could you describe it? It was very loving until the last two years or so.

What happened?

Ray had a stroke, after which he suffered some memory lapses. He even

had some occasional delusions and paranoia.

That's a lie.

Mr. Oz, you will remain quiet until it is your turn to cross -examine.

At some point, it was difficult for him to try cases anymore.

So Joanne evidently told the judge that it was time for him to step down.

He never forgave her for that. He told me he hated her for it.

He used the word hate.

Yes. What else?

Well, just recently, she went to court trying to have him declared incompetent.

That enraged him. Objection, foundation.

Objection is overruled. Sir, do you have an opinion as to why it so enraged him?

Well, with Ray, I mean, everything was about walking into a room.

When he made his entrance, he needed for people to think, wow, there's Raymond

Oz.

He always, always talked about his legacy.

I think it was more important to him than anything or anybody.

And the idea of being declared incompetent, well, you see, that was

could handle.

More than he could handle.

Do you think it could make him homicidal?

I don't know.

Thank you, Mr. Wayne.

Mr. Oz.

It was fantastic.

The best thing was how it looked painful for him to bury his friend.

Oz couldn't get up and do the prosecutorial witness number on him,

Helen, you were brilliant. You were quiet. You let the damaging words hang

beautifully. You didn't look aggressive.

Fabulous. The witness and the DA looked sympathetic.

It was music.

Richard, let's not lose sight of the fact that this whole thing is a pretty

tragedy.

A woman is dead.

And a great man is destroyed.

Shouldn't enjoy it too much.

I know. I don't mean to. I really don't. But, Helen, we're back on top.

They have to jump at manslaughter now.

I hope they still offer it. You didn't cross the guy at all? There's nothing

really to cross him on, Eugene.

The testimony seemed to pain him the most.

He certainly didn't seem biased. The worst thing is, I believed him. So did

Then you have to take manslaughter.

Any chance we can switch the pleas to insanity?

It's late without notice. Forget it.

Plus, Ray would never go for it. He might now.

Even he had to see how damaging that was. His lifelong friend just gave the

motive. Gift wrap.

Any feel for whether Kittleson will let us switch pleas this deep?

Bobby, we haven't said a word about the case. You kidding?

You better see if Ray will switch his plea.

No insanity.

And I don't want you to mention it ever again, Bobby. Do you hear me?

You know that we were hurt by your friend Trevor.

I was there.

I know what he said.

Raymond.

Raymond, look at me.

The jury has all it needs to convict you now.

If we can just switch, please. No.

You have to consider that. I will not.

Have my final legacy.

Enough about your damn legacy.

Legacy is family.

It's friends.

You killed your wife and your best friend just turned on you. That's your

legacy, Ray. You turned on me, Bobby, didn't you?

You're the one that went to the judge, aren't you? Yes, and you're the one that

wanted to end my legal career.

You're the one that convinced Joanne to go along with you.

And I hated you for that, Bobby.

So you hate me now too, right?

Yes.

I hate you, Bobby.

I won't shy away from saying that. I hate you.

You know what?

I'm beginning to hate you right back because you're so pathetic.

You watch your mouth. Your wife is dead and you haven't been to her grave.

All you care about is your reputation as a lawyer. The great Oz.

Well, you may not have loved Joanne. I did.

Like I once loved you.

And now, I don't think you were insane.

I think it was premeditated. You weren't about to let her declare you

incompetent and tarnish your legacy.

So you killed her.

And that's what you'll leave behind with me, Ray. I'll remember you as a

premeditated murderer.

Bobby. Get out. How dare you accuse me of not loving her? You killed her!

And now you're telling the world that she tried to kill you?

What about her legacy, Ray?

This woman devoted her entire life to you. What about the memory of her?

She deserved better than that.

Your precious legacy.

You will die an unloved murderer.

You pitiful old man.

I told him he'd die an unloved murderer.

He did everything for me.

He may die a murderer, but he's obviously not unloved.

Come on.

Let's get some sleep.

I want to change my plea to insanity.

I can't have people think that about Joanne.

At the time, I thought she was trying to kill me, but I know she

couldn't have been.

You know, you know that I never, ever would have harmed her, Bobby.

You know that.

I want to change my play to insanity.

I'm not allowing you to switch to insanity now.

Your Honor, I was in an irrational and delusional state. Mr. Oz, you had the

option. You chose to enter a plea of not guilty on the elements. I'm not about

to let you change your mind because the trial isn't going well.

Your Honor, we're all officers of the court here.

I just love that, especially from defense attorneys.

You were an officer of the court when you entered that plea. You are now going

to have to live with that plea.

Twenty minutes. Back in session.

Manslaughter still available?

No. Yes, Richard.

We'll give you manslaughter now. You push it any further, it's off the table.

I think we should take it. Why?

At my age, manslaughter's a life sentence.

Might as well roll the dice.

It's possible you could be out in three. With Kittleson? And Bay?

That little Shetland's gonna ask for the maximum. Might as well keep going.

I can't say I disagree.

Early reports were that there would be a change in pleas.

That, evidently, was rejected by Judge Kittleton.

We then heard defense was waving the white flag and pleading manslaughter.

We're now being told Raymond Oz is taking the stand to testify.

Oh, no.

Mr. Oz, you're aware we're all gathered today because you hit your wife over the

head with the Lifetime Achievement Award.

Yes. Killing her? Yes.

Could you tell us in your words what happened?

My wife and I had been going through some difficult times. She thought I was

losing my mind, suffering from delusions and paranoia, very much as Mr.

Trevor Wayne testified.

Is it possible you were suffering from delusions?

I suppose it's possible.

On the night of your wife's death, is it possible you were delusional then?

Objection. Sidebar. Yes, let's.

What's this?

He's giving me his account. He's setting up temporary insanity.

Temporary insanity isn't available to us. The judge was so instruct.

We're just testifying as to his mental state, which is an element of the crime.

Mr. Oz, earlier you said self -defense.

I'm sticking to my version.

I believe it was self -defense.

But that belief has to be a rational one, not an irrational one. Save your

closing arguments till later, you midget.

I object to that.

Don't object to it on the stool. We'd hear you better.

If you are about to suggest that he was mistaken, I will instruct that the

mistake had to be a reasonable one, just like the midget midget bass has.

Why don't you let us present our case before you start criticizing it?

At your own peril.

Step back.

So what happened, Mr. Oz?

Well, as I said, we were going through an awful patch.

And also, I thought she was having an affair.

With whom?

I didn't know.

And I wasn't sure that really it was true.

Maybe I was paranoid, but suddenly she was distant, and I thought there must be

somebody else.

Now, I kept telling myself that that was a ridiculous idea, but then she tells

me. that she's taking me to court to try to get control of my estate, and I'm

wondering, really, what is going on.

Then what happened?

Well, we go to court, and she sits in the witness chair and says terrible

about me.

And I'm listening and wondering, do I really know this woman at all?

Anyway, things didn't go well for her in court.

And that night...

We're at home and I turn and she has a knife.

And suddenly I think, my God, she's trying to kill me.

And I swung.

And she went down.

Do you really think she was trying to kill you? Looking back, I... I don't

I doubt it.

But in that second, I thought she was.

And that's what it was, a second. That's all it took.

A second.

Thank you, sir.

That's why he's a legend. Everyone in that box believes him.

Any suggestions?

Just go out and be your normal killer self, keeping in mind the whole thing

rests on this cross.

Thank you, Richard.

So it was a mistake, Mr. Oz.

She probably wasn't trying to kill you. It happened in a second.

It was a mistake.

Quite possibly so, yes.

But in your opening statement, you simply said it was self -defense.

You spoke of being haunted by the fact that your wife of 50 years had tried to

take your life.

Tell me, were you misleading the jury then, or are you misleading the jury

It's a little complicated, Miss Gamble. You see, when I realized with horror

what I had done, I had to believe it was justified. I was desperate to believe

it was self -defense.

But then, my friend and co -counsel, Bobby Donald... Mr. Oz, I'm not looking

a speech here. You're looking for an answer, and I'm giving it to you. Go

Mr. Oz.

Bobby said, Raymond, stop thinking about your own legacy.

And think about Joanne's. What does this do to our memory of her?

Well, I wrestled with that.

And I decided that however self -serving my denial may be, it was not fair to

her.

I cannot state with certainty that she was trying to kill me.

I can only state with certainty one fact.

I thought she was.

One second, Your Honor.

Just a minute.

Wayne Tentamount, the hatred.

Did you tell Trevor Wayne you hated your wife?

That was in the heat of the moment.

Heat of the moment.

You testified that you never forgave her for it.

I was angry at her.

I don't deny it.

Mr. Oz.

Are you incompetent?

No, I'm not.

So it was your wife's crazy thinking.

She was mistaken.

But your rage, Mr. Oz, that was no mistake, was it?

It was anger. I wouldn't call it rage.

You called her a whore.

I thought she was having an affair.

Any caring husband would be upset.

Your wife talked about revenge.

She was referring to my giving away the estate.

The diamond necklace that you gave her for your 40th anniversary?

You gave it to the housekeeper.

You had a small stroke a few years ago, didn't you, Mr. Ross? From which I am

completely recovered.

Well, that really isn't so. You suffer some memory lapses. Like any man my age.

A judge deemed you unfit to continue practicing law.

No such thing.

No, it was because of what he said. And because of her, what she said.

Joanne. Yes, yes. Look, Counselor, you've seen me here.

Do you not think that I belong?

You and your wife fought constantly over your refusal to wear diapers. Isn't

that right, mister?

Objection! Go to his rage against the victim.

I'll allow it. She got angry because you would wet yourself. This isn't

relevant, your honor. She insisted you wear these and you hated her for that

too, didn't you?

And didn't she repeatedly ask you to get counseling to deal with your anger?

Anger because you knew you were becoming incompetent. That's a lie. It's not

true. Well, it's just like Mr. Wayne said. With you, it's always been about

entering a room, heads turning, saying, there's the great Raymond Oz. And the

idea of what they must be saying now.

He's gone mad.

Objection. He's insane.

Objection. Sustained. Miss Gamble, is there a question?

Here's my question, Mr. Oz. What do you think they're saying about you now? An

incompetent man who wets himself, who kills his own wife. You shut up. You

your mouth.

You look a little homicidal, Mr. Oz.

Objection! Sustained. Mr.

Oz, sit down.

Mr. Oz, please be seated.

Let's sit.

Okay, let's just think. Let's just think for a minute.

Only a few times at home.

What?

I never soiled myself in public.

Just a few times at home.

Any ideas?

Not really.

But it looks like you've got one.

Recuse myself?

Your Honor, I had no idea when this trial began that you and Jimmy Berluti

seeing each other again socially. I just found out.

There's a huge conflict of interest. I have never discussed this case with Mr.

Berluti. It doesn't matter. You have a relationship with someone in my firm.

There's no way we can go on. And if I were to recuse myself, we would what?

Bring in another judge and finish the trial?

No, I think that you'd have to declare a mistrial. What a surprise.

Get out!

You worry about the integrity of that role. And it hasn't been compromised,

trust me. Your integrity is another matter.

You're sleeping with one of my associates.

We won't even discuss the wet dreams you've had about me.

You shouldn't be on this case.

Please leave my chamber, counsel.

Nice try.

I'm just hoping that you'll punish us now the rest of the way. She won't. She

has too much integrity for that.

Helen.

Manslaughter. Look, I told you if you pushed it any further... Come on, he's

old man.

It might amount to a life sentence anyway. But it might not.

Helen, please.

Manslaughter's off the table. Murder, too. Take it or leave it.

Leave it.

Raymond, we're down to closing arguments.

I can do it, but given that you've been trying this case and it's your life on

the line, it's better if you do it.

But only if you can. If you're not up to it, then let me do it.

Though we go here,

best man for the job is it you or me?

Raymond?

I'll close.

Are you sure?

I'll close.

You're going to let him close?

If we're going to win, he's the only one.

Is he going to be naked? Funny. How'd she know about the diaper?

Joanne's lawyer.

You went to Roberta?

Tried to get her recused because of me?

I was trying to. You know we don't discuss the case. I told you that. It

hail Mary, Jim. Not good enough.

You don't trade on my personal life in your cases ever. If you'll let me

Not good enough. I would never do that to you.

Whatever our strategies, we don't offer up each other. I would never do that to

you.

I'm sorry.

Not good enough.

You saw the story change.

First, it was self -defense.

Then, after his best friend talks about how he hated his wife, how he was

paranoid and delusional, change of plans.

Let's go mistake.

I thought she was trying to kill me, and in a second of confusion, I swung.

Come on, does that sound reasonable to any of you?

You saw the truth in this room, ladies and gentlemen. You saw an angry man

capable of great rage who prioritized his image and his reputation over

and anybody, including his own wife.

She made him stop practicing the law.

She even tried to get him to wear a diaper.

But when she went to court to try to have him deemed incompetent,

Well, that was the final straw.

The great Oz wouldn't have that.

The coroner told you the blow came from behind.

She wasn't even facing him.

He came up to her from behind and he stopped her.

That man committed murder.

That's the truth.

Talk to any old man whose mental faculties

are eroding.

You'll find anger. Or a senior citizen who's becoming incontinent.

Rage.

Or an aging husband. No children, no grandchildren.

Only a...

A wife to cling to, a wife who's trying to have him declared incompetent, trying

to put him in diapers.

And you will find what you saw in me

when I stood in that witness box.

But these people do not turn homicidal.

And neither did I.

Now, whether it was the very...

incompetency that she accused me of, or the paranoia, I don't know. I don't

know, but I do know that in that second when she stood before me with that

knife, I really believed that she was going to try to take my life.

Now, anybody,

anybody who knows my heart,

She was my legacy.

Not the cases I won.

My love for her.

And hers for me.

She was loved.

Loved.

Till the very end.

Her husband.

He didn't want her life to be over.

Believe that.

Can you not do that?

Sorry.

You know, Helen, you said before this is a tragedy. Don't enjoy it too much.

This is what we do.

We're DAs. We prosecute murders.

It's always somebody's tragedy.

What's your point?

Well, if you don't enjoy what you're doing, why do it? In this case, it's as

and juicy as they come. If you don't get a little juiced yourself, what are you

doing here?

I like what I do, but... But what?

You really love this, don't you? A case like this?

It's music.

Yes.

Cherise.

Will

the

defendant please rise?

Madam foreperson, the jury has reached its verdict.

Yes, we have, Your Honor.

What say you?

Commonwealth v.

Raymond Oz on count one, murder in the first degree. We find the defendant,

Raymond Oz, not guilty.

Count two, murder in the second degree.

We find the defendant, Raymond Oz, not guilty.

Unbelievable.

Members of the jury, your service is completed. You are dismissed with the

thanks. Not guilty.

She said not guilty.

You're dead, right?

Mr. Oz, you are free to go.

We're adjourned.

How about that, Richard?

Would it be juicy enough for you?

Naturally, I'm... I'm thrilled.

And I must say that the defendant was extremely well represented.

Do you plan to continue practicing law?

Oh, I have to earn a living.

And one thing that this case has taught me is that I'm not as wealthy as I

thought I was.

I've been barely able to meet my own fee.

Give me a second alone, okay?

I'm going to be your wife.

You've got to take those seconds with me.

I don't know.

I just...

About

somebody you love deeply.

Okay.

Thank you.

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