Original subtitles

Previously on The Practice. We find the defendant, Scott Wallace, guilty.

You know, you gotta get me out. Scott. Get me out!

You got a problem. The man is on the verge of a psychotic breakdown.

He needs to be transferred to a mental facility right now.

We were hoping they'd order a new trial outright. We didn't get that, but with a

hearing, if the judge determines that the brother did commit perjury, then we

get a new trial. Mr. Barrett, you had a meeting with Richard Bay and Helen

Gamble, did you not? On the advice of counsel, I'm exercising my Fifth

right not to answer your question.

I have been ordered to conduct a full hearing into this perjury business.

That hearing has been thwarted by the primary witness exercising his Fifth

Amendment right. The conviction of Scott Wallace is hereby set aside. It is the

order of this court that he be granted a new trial.

What to expect when you're expecting?

Somebody here at Prego's. Lindsay, we might as well tell him. Did you order

book? Me?

No. That little witch tricked us.

Either that or somebody else is pregnant.

How did that book get here?

I ordered it.

I want to keep it a secret until I'm sure everything's fine.

Who's the father?

I'm going to be a single parent.

It starts today.

It's a simple trial. One prosecution with... You can't put me on a case and

expect an... Actually, I can, Eugene.

Perks of the road.

Now, he fired his last lawyer.

Just like the two before that. And I have an obligation to make sure he gets

fair trial with adequate representation.

Well, if you're so concerned with fairness, how about giving me time to

prepare? Well, I'm not that concerned.

Let me be frank.

The defendant is world -class scum. I'm sure he's guilty of the crime.

Well, I'm glad you have an open mind.

Oh, please.

A mind is like a wound. If it's too open, you get an infection.

Now, he is stalling by firing one attorney after another.

I am not going to let him get away with it anymore.

Why me? Because you're as good as it gets when it comes to criminal law.

And I don't want to give this bastard a shot of appeal on inadequacy of counsel.

So you will do it.

Helen Gamble will be the DA.

We all know how jolly she can be.

See you in there.

Go meet your lovely wife -murdering client.

I didn't do it. The cop just wanted to get his picture in the paper and credit

for a big collar. I wasn't even there that night. You lived there. But I

there that night.

Look, did her and I have a fight?

Yeah. Did I shoot her?

No.

He got one lousy witness, man.

I witnessed evidence that's easy to shake, Mr. Young. It was dark. I was

fast. No way he got a good, clear look.

So if called to testify, you'll say you were moving fast?

I'm talking allegedly.

By his account, man, I wasn't there.

Right. When I left, in the afternoon, she was still alive.

The cop is lying.

All right, look, I'm not saying the DA will go for a plea, but if I can... No!

I want you to beat it.

One eyewitness at nighttime, man, you gotta be able to make reasonable doubt

that.

Six months?

On each count?

No. Total.

What? This is a liberal judge, and he can go easy on sentencing.

But, and this is important, he's probably going to tell you a story about

Charles.

What do you mean about Ray Charles? He lectures defendants.

His favorite is the Ray Charles story.

It's corny, but you have to take it seriously.

I had a defendant snicker once.

And this guy doubled the sentence.

I want you to think sad thoughts and just get through it.

And show remorse.

Okay. You take responsibility for the crime.

Don't be saying you never had the drugs.

Got it. And whatever you do, don't laugh.

I'm looking at prison time, Mr. Berluti.

Ain't gonna be no laughing.

She was unconscious?

You were afraid of how it might look.

You put her in the car to make it look like a suicide.

It's what happened, isn't it?

This is the part that kills us.

That's the bomb.

This tape got admitted for impeachment, which prevented Scott from testifying.

You mean it made you keep him from testifying.

Right. I don't want to be in that position again.

If the judge let it in once, what makes you think he's going to change his mind

now? Judge Wolfe isn't the judge for the new trial.

We drew Judge Hiller.

I was responding to a report on a possible shooting. When I arrived at the

house, I saw the defendant leaving the side door of the house running.

This man?

Yes. What did you do next, officer?

I entered the premises and discovered the victim, an African -American female,

approximately 30 years of age, with what apparently was a single gunshot wound

to the head.

She was dead.

Yes, ma 'am.

When did you next see the defendant, officer?

Two days later. I identified him in a police lineup as being the man I saw

fleeing the house.

Thank you.

To your knowledge, sir, were any fingerprints found on the gun?

The gun was never retrieved.

Was any gunshot residue found on my client's hands?

No. To your knowledge, was a trace metal test done to see if my client had even

held a gun? The test came back negative, but it was two days later. Thank you,

sir. You said you picked my client out of a police lineup. You recognized him?

Yes. In fact, you had met my client before, hadn't you?

Once. You had responded to a domestic conflict before at his residence?

Yes. When you saw my client in the police lineup, is it possible you

him because you had met him before?

No, I recognized him both as a man I'd met before and as the man I saw fleeing

the house the night of the shooting.

So the man was running out a side door?

Correct. Toward the front of the house or the back?

The back.

So he was running away from you? I got a good look at him. He was running away

from you, sir, at night?

I got a good look.

Why were you playing out of position?

What?

That's the term when you're outside your assigned area.

Call came in of a possible shooting. You said you were on it, but you were

outside your patrol area.

I wasn't that far outside my area.

You weren't the closest unit.

No. Why'd you take the call?

I recognized the address.

Why were you playing out of position, officer?

I don't remember.

You don't remember.

My client has been in drug programs.

He's clean.

He hasn't been using. He's willing to do community service upon release, Your

Honor. In fact, it's something he wants to do.

And the Commonwealth is okay with six months? We feel it's a little light, but

we're not opposing.

All right.

Step back.

Mr. Babbitt, please rise.

And before I sentence you, young man, I want to talk to you, not as a judge, but

as a teacher.

and perhaps as a friend.

I know that young men like you rarely have the benefit of a male influence in

your community.

Well, maybe for this one moment in this very special place,

I can be a father to you and a friend.

I'd like to tell you a little story, a true story.

Now, many years ago, a little child was born in the South.

Poor, hungry, black.

No direction.

And more than that, he was blind.

But this boy had a gift. His gift was music. People loved to sit and listen to

this boy play the piano.

But like you, he had a monkey on his back.

The monkey of drug addiction. He was addicted to heroin. Lord God, he loved

needle. But you know what?

Blind, black, addicted to drugs.

He beat his monkey.

Beat it, I tell you. And he went on to become a beloved American.

A hero.

A black, blind, American hero.

And that man had a name, son. His name was Mr.

Raymond Charles.

Now let this be the first day of the rest of your life, young soldier.

A drug -free life.

Go forward to make this world a better place.

I'm sorry.

I'm sorry, Your Honor.

You think this is funny?

No, sir.

Well, I'm not impressed with your disrespect, Mr. Babbitt.

Perhaps you're not quite ready to go back into the world. Your Honor. Never

mind, Mr. Berluti. The defendant is sentenced to 18 months at Cedar

months? Bailiff, take the defendant into custody.

We're adjourned.

Let's go.

This personnel file?

Well, I see he's receiving psychiatric treatment.

That would be totally privileged.

Ordinarily, yes.

But sometimes the courts have looked into the records of police officers when

they're relevant to the case. And what would be the relevance here?

I don't know, Your Honor.

But you saw him up there. He's hiding something.

And if there's anything in those files that goes to his credibility, I should

allowed access. You haven't made any showing, and you can't make any offer of

proof that there is anything. Carolyn, come on. I just got this case with my

morning cup of coffee.

And I know Your Honor doesn't want to give this world -class citizen any

for appeal.

I'll tell you what. I will look at the report.

If I see anything that's relevant, I'll let you look.

Otherwise, forget it.

Taken out of context, it looks like an admission.

It was incomplete context.

What's more, silence is admissible.

Failure to respond to an accusation made against you can legally be considered

an admission.

First of all, that begs the conclusion that this was a voluntary communication.

Did your client not get Miranda?

He did, but he was in shock at the time.

I have submitted to the court three psychiatric reports which question the

voluntariness... Oh, please, Mr. Donald. Defense lawyers can hire psychiatrists

all the time to proclaim he didn't know what he was saying.

We have a man whose wife was found dead.

And he was still trying to absorb that when the police suddenly handcuffed him.

Next thing, he's in the room with a district attorney. A district attorney

now believes he's innocent, by the way. She never said that. It's too

prejudicial to allow a jury to see it. It would bias them. What Mr. Donald is

saying is he doesn't trust juries. Well, that's the system of this country. And

if it displeases him, perhaps he should move to Cuba. Mr. Bay, did you see the

sign, check your soapbox at the door?

No. Do I need to hand one?

The bottom line question is whether the potential prejudice of this tape

outweighs its probative value.

The answer is yes.

Let them try, Scott Wallace, on the evidence.

On the evidence alone, not an emotional breakdown which occurred in the wake of

an unimaginable tragedy.

This man is in a psychiatric ward as we speak.

I've heard the arguments.

I have your briefs. I'll take the matter under advisement and I'll rule.

Thank you both.

It was totally, totally, totally my fault.

I kept telling him not to laugh.

I think I put so much pressure on him. Why would you have to tell him not to

laugh?

Well, he gets extremely nervous and laughing is a reaction he has.

That's why. I was so afraid he might get nervous and laugh here.

I kept hounding him, and I just made it worse.

He wasn't laughing at what you were saying, Your Honor. I promise you.

He sure seemed to be.

He's a nervous kid.

He's facing jail.

Who's going to laugh at that?

To triple his sentence?

Please, Your Honor.

All right.

I'll have him brought back in. We can re -sentence.

But I'm giving you and your client a break, Mr. Berluti.

I understand that.

And I'm very grateful, Judge.

My medical file.

If the judge thinks there's nothing relevant, they'll stay sealed.

What's wrong?

I've been married 17 years. I have kids.

Paul, what's the matter?

I... What's in the file?

I'm gay.

When he said playing out of position, I thought for a second he knew.

That's why he froze up there on the stand.

It is totally irrelevant.

That's my call, actually. But thanks for your input.

Well, I'm not so sure it is irrelevant. If this situation caused stress, which

affected job performance... Well, it didn't.

That's what it seems to suggest.

His sexual orientation did not impair his ability to make an ID of a fleeing

suspect, Eugene. Helen, this whole case turns on the credibility of this

officer. If he was dealing with severe stress, I have to be allowed to cross

-examine him. First, this is so collateral. I disagree.

And second, it will ruin the man's life. And the conviction ruins another man's

life. You really want to go down that path?

Your Honor, you want to take me off this case? Fine.

But as long as I'm on it... You will be despicable.

I don't need that.

All right.

I will let you introduce that he was receiving psychiatric treatment for

The cause of that stress is off limits.

I'd like to read the report.

Denied. And Eugene, you are not to even share this information with your client.

I don't think you can order that.

I just did.

So how are you feeling?

I'm feeling better, Bobby.

You look better. I'm feeling good.

No more spots?

I want her to get you a couple of new suits for trial, so she'll need to take

some measurements.

Well, this time I testify, right?

Well, let's see how the ruling goes on the videotape, but hopefully you'll

testify yes.

Are you getting any good news? All I give you here is jello, damn it.

Second trials typically favor the defendant.

There won't be any surprises this time, Scott.

We'll be ready for Kyle Barrett.

Good. Excellent.

Good.

And I just want to apologize to the court if I showed any disrespect.

It wasn't my intent to offend you. I understand from your attorney that you

couldn't control yourself.

That's right.

All right.

But before I re -sentence you...

I'd like to tell you a little story about a woman who, like you, lacked

sometimes. Like you, she had an addiction. Her addiction was gambling.

Like you, she wanted the fast life with fast cars.

But she only got those things when she learned...

to control herself and beat her addiction when she learned to work hard

did work hard young man she had the voice of an angel and with her golden

voice and hard work she too beat her

monkey and that woman had a name son her name

was miss

Gladys Knight.

I'm sorry.

I was thinking of something else.

Me too.

I promise.

The defendant is hereby sentenced to 12 months on each count.

The sentence is to run consecutively.

Two years?

They'll have to take the defendant into custody.

We're adjourned.

He can't introduce it. He can only put it in that you were undergoing treatment

for strife. I've testified before. These lawyers trick you. What if he twists

one of my answers and says I opened the door?

I will protect you. You have my word.

This Eugene Young has a reputation.

What does he care if it's called a mistrial? For him, he'll do anything.

the law.

Judge Kittleson was very clear in her ruling. Mr. Young will abide by it.

Listen.

You just answer yes.

I suffered from stress and I sought treatment. It didn't affect me that

Keep it as simple as that. But do not, do not lie.

Because then he can get in the other stuff through impeachment.

Just answer the questions. Don't elaborate. And I will protect you.

I have read both your briefs.

I also watched the videotape again, and it is my conclusion, Judge

Wolfe aired, allowing the tape in for impeachment purposes.

His legal rationale escapes me. This tape is outright admissible altogether.

I'm permitting prosecution to use it as evidence.

Mr. Donnell.

If you think the statements or conduct of Mr. Wallace were a result of shock or

trauma, you're free to raise that in your defense.

That is all.

The trial will begin next Tuesday at 9 a .m. We're adjourned.

I want to file a writ. If that tape... Bobby, it was the right ruling.

I should at least try. No, you shouldn't. We have six days to get ready

trial. You can't waste time on writs.

Let's focus on what we can win now.

You start preparing the psychiatric experts. I'll go over the transcripts

Eleanor.

I'm obviously pleased with the ruling. The Commonwealth has always felt that

statement was a de facto admission and that it was evidence.

I'm satisfied that a jury will now get to consider that evidence. That is all.

Officer Brewer, have you ever made arrests

where the district attorneys have refused to prosecute?

Of course.

How many times?

I'm not sure.

More than five?

Yes. More than ten?

Sometimes there's insufficient evidence. More than 20?

Objection. What's the point of it?

The point is, this officer sometimes claims a crime has been committed, only

have the DA say otherwise.

A district attorney's decision to dismiss often turns on the prospect of

a conviction. It's not about overruling the arresting police officer.

Well, sometimes it does involve the honesty of the officer, and that's what

trying to explore.

I'll allow it.

Officer Brewer, how are you on the issue of honesty?

What is that supposed to mean?

Are you an honest person, sir?

Objection sounds like badgering. Every witness by testifying puts his

credibility in issue.

And I'm allowed to explore this man's reputation for truthfulness.

The objection is overruled. Do you consider yourself to be a truthful

sir? Yes.

You live a truthful life?

Objection. Sustained. Are you receiving psychiatric treatment, officer?

Yes.

There's one of the issues for which you are receiving treatment.

Concern your ability to be truthful.

Objection.

Overruled. It's beyond the scope. I'll allow it.

Do you have trouble being truthful?

Yeah. In fact, you lie every day, don't you, officer?

Yeah. One of the reasons you sought psychiatric treatment is you were afraid

your lying caused you such stress that it perhaps started to affect your job.

Isn't that right, officer?

Did you not hear the question, sir? I can repeat it. I heard the question.

The answer is yes.

Thank you, officer.

I have nothing further.

Your Honor.

One second he's about to get six months, now he'll do two years?

You know that isn't right. Well, maybe next time that will mitigate your

amusement when... I apologize.

Apology accepted.

But the sentence stands.

It's one thing to exercise discretion.

It's another to flaunt your ego, and this... Mr. Belluti, you are two seconds

from contempt.

And before you go skulking out of here thinking of me as the bad judge, keep in

mind... that I was about to help your client, not only with a lesser sentence,

but also with some advice that could help his life.

Now, you defense attorneys get them off. What do they do?

They go right back out and commit another crime.

I try to reach them, and I do. I tried to reach your client to offer his life

some direction, like I have with so many before him.

And he laughed, as did his attorney.

And maybe it's your ego that needs adjustment.

I laughed because I've heard the Ray Charles story a billion times, as have

the lawyers who appeared before you. We all tell our clients it's funny. We all

tell them not to laugh.

We're all afraid they might laugh because it's so ridiculous.

It's a joke, Your Honor.

Poor, black, blind, this man had a named son.

It's paternalistic.

Insulting.

And all the lawyers laugh at you.

I just made the mistake of doing it in the room.

If that buys me a jail cell for contempt, so be it.

But that's what's going on.

You're naive to think you reach defendants. And if you punish them out

anger... You're also a bad judge.

Mr. Belluti, I will ask you once again to leave my chambers.

I'm filing a motion for reconsideration anyway, even though I can't stop you

from doing what you're going to do.

You said you would protect me. Everything he asked was arguably within

proper scope. I tried to shut him down. You said you would protect me. Well, I

couldn't.

Listen, Eugene Young is a very smart lawyer.

He doesn't want the jury to know that you're gay or what the lie is actually

about. He knows the jury would just dismiss it as irrelevant.

Look, I'd like to introduce what you're untruthful about.

Excuse me?

Paul, if we don't fill in some of the blanks for the jury, your credibility is

shot with them.

If we tell them what Eugene is talking about, they'll know you're not

And my family will know I'm gay?

My partners will know? My life, my career? You're basically the only

have.

If we don't reestablish your credibility, I can't convict here.

No.

I can't do what you're asking me to do.

Well, I don't need your consent really.

I'll figure out a way to get it on redirect if I have to.

I'll recant.

I'll say it wasn't the defendant I saw that night. No you won't, Paul. You're

honest man.

No, I think Mr. Young established quite clearly that I'm not. If you commit

perjury, your life and career truly might be over.

I'll make my life decisions.

And I'll make mine.

And I would submit to the court, given all the circumstances, and especially

that the Commonwealth and the defense have submitted a joint recommendation.

That's all it is, Mr. Belluti.

A recommendation.

Either for the judge to accept or reject. I have chosen to reject it. And

myself very annoyed that you are back before this bench with nothing new.

What's new?

In addition to appearing as counsel for the defendant, I am here as an officer

of this court. I am standing up for the integrity of this room. You were

prepared to issue one sentence, then gave another because you got angry.

You're entitled to belittle yourself as a man and as a judge. But when you

belittle this room by abusing your discretion, I'm entitled to have

say about it.

Is that all?

No, sir, it is not.

I want to speak to you, not simply as a lawyer, but as a friend.

There was this judge.

She wasn't very judge -like at all.

She had terrible manners.

She rambled on the bench.

She had a big mouth, and she was obnoxious, and she had an ego.

Lord, she had an ego just like you, Your Honor.

She also had a gift. She had the voice of a crow.

And she beat her monkey.

She relished being obnoxious. She was proud of mistreating people. And she

her ego and her crow -like voice to make millions of dollars.

And she had a name, Your Honor.

Her name was Judge Judy.

Mr. Baluti, you are in contempt of court.

Bailiff, take him into custody.

Officer, how many times have you testified in criminal proceedings?

Probably over 40.

Have you ever been accused of perjury?

No. Ever had a case of yours thrown out because of unreliable testimony on your

part? Not one.

You also testified that you see a psychiatrist.

Yes. Do your supervisors know about it? My watch commander does.

Has he changed your assignments because of it? Put you on desk?

No. You admitted to Mr. Young that you lie almost every day.

About a personal matter, yes.

Did it affect your work on this particular case?

No. Did you lie about what happened the night Tasha Cooper was killed?

No, I did not.

Have you ever lied in your capacity as a police officer?

No, I have not when it comes to making observation making arrests giving

testimony about those arrests Do you consider yourself to be a truthful

Yes, I do

Who was the man you saw fleeing the house that night?

That man.

There. The defendant.

Thank you, officer.

I have nothing further.

It's a setback.

I won't kid you.

Is this judge going to go against us?

No. She's extremely fair.

She won't do us any favors, but this case won't be decided by her.

This time, you will have to testify.

I'm ready. I can handle all the witnesses. We're in good shape there.

videotape and your response to it on the stand, that's what will decide this

case. I have better focus now, Bobby.

I mean, before, I was still in grief.

You know, I couldn't believe she was gone.

But now, when I think of what she did, I mean, killing herself right

after we had a fight, I mean, that was an angry act,

Bobby. I mean, that wasn't depression.

She was doing it to me.

That was hateful.

And right now, I hate her, Scott.

I hate her, and I'm not going to lie in some wallow any longer.

Everything is easier now, being angry at her.

I have my focus back.

I hate her.

One eyewitness who sees a man at night from the side running away from him.

Could he describe him?

Black, medium build.

No clothes, no distinguishing characteristics, just black.

Medium build. A black man, in the dark, running away, three, four seconds, but

he got a good look.

Now, we all know what happened here.

That man saw somebody running.

He then sees the wife dead, figures it must have been the husband he saw going

out the door.

He then picks the husband out of a lineup.

But that was easy, because he had met the husband before.

No weapon.

No gunshot residue on my client's hands. Nothing to suggest he had even held a

gun, much less fired one. That police officer made a guess, and he's sticking

his hunch. That's what this is, and we all know it.

One three -second ID in the dark by a self -confessed liar, that isn't proof.

Their whole case comes down to the say -so of a man receiving psychiatric

treatment to deal with stress caused by his inability to tell the truth.

Do I really need to stand here and tell you there's reasonable doubt?

No other prints.

No DNA.

No physical or testimonial evidence to even suggest that anyone else was in

house that night.

No other cars in the area.

The intruder fled on foot.

It was that man fleeing the house. Officer Brewer saw him.

He was unequivocal in that. The defendant, Brian Grant, was the man he

that house.

Defense has offered neither evidence.

nor testimony to shake that ID.

All Mr. Young could seize upon was some psychiatric treatment that Officer

Brewer is undergoing for a personal matter.

Yes, he lies about something in his personal life. Big deal, we get that.

But he doesn't lie as a police officer.

It doesn't make him an unreliable witness.

In fact, in 21 years, Officer Brewer has had an exemplary record of honesty on

the force.

He's never given untruthful testimony.

He's never been a false witness.

His honor has been beyond reproach.

Just as his testimony is here when he tells you that's the man he saw leave

house.

You haven't heard one word suggesting that anyone else committed this murder.

Gee, I wonder why.

He's home alone with his wife.

He shot her.

He's seen running out.

That's why we're here.

Go.

The only reason I don't keep you overnight for what I deem to be criminal

disrespect.

How long have they been laughing at me?

Long time.

How long have you been telling that Ray Charles story?

At least I try to do something. I care, at least.

Most judges...

Tell your client I'll give him six months.

Beat it.

That's it?

You want a story first, Counsel?

No.

Just go.

Came back kind of fast.

That mean anything?

Usually it means it was a quick decision.

Mr. Grant, the court will ask you to stand, please.

Mr. Foreman, has the jury reached a verdict?

We have, Your Honor.

What say you?

Commonwealth versus Brian Grant.

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

not guilty.

On the charge of murder in the second degree, we find the defendant, Brian

Grant, not guilty.

Members of the jury, your service is completed, and we thank you.

The defendant is free to go, and we are adjourned.

Wow.

Thanks, man.

Sure.

Innocent till proven guilty.

The motto lives.

We'll see you next time.

I'm sorry we didn't get him.

Yeah.

Did our best.

Miss Gamble.

Thank you.

I wish you well, Paul.

You too.

I really appreciate you coming in with your client.

It's against my better judgment. I totally understand. It's just... Lawyer

lawyer, you're aware that Helen Gamble believes your client committed perjury

the first trial. Ms. Gamble was mistaken.

Yes, well, I don't believe she was.

Mr. Donald, I'm confused at the agenda here. The agenda is this.

I'm putting you on notice.

If your client takes the stand again and lies, I'll be taking his house.

Bobby? Tell him, Mr. Stone.

Tell him the exposure he faces.

Abuse of process, false imprisonment. I don't know what you think you're doing.

If he lies again, I'll be filing a complaint against you for suborning

I'm reporting this to the district attorney's office.

You do that, but in the meantime, get around to giving your client some legal

advice. Come on, Kyle.

Tell him what I'll do to him, Mr. Stone.

You just crossed the line, Mr. Donald.

We're just two lawyers talking, Mr. Stone.

Just you and me.

What the hell do you call that?

I call it intimidating the lead witness for the prosecution.

I gotta keep that lying bastard out of the witness chair.

You've got a lawyer in there who just threatened my client.

Really? With you there?

Call the police.

I came to congratulate you.

And I get a personal visit for that.

That.

And the police just got into a shootout with the man who fired back with the gun

used to kill Tasha Cooper.

He matched the description of the suspect Officer Brewer saw running, and

also confessed to the crime.

I know you didn't care if your client was guilty.

I thought you might be interested to know he was innocent.