Original subtitles

Previously on The Practice.

All nine victims had dogs.

Mr. Hinks met all of them in various parks and streets while walking his dog.

opinion is Mr. Hinks is suffering from delusions.

Basically, he thinks he killed those women. We find the defendant, William

Hinks, not guilty.

Lindsay,

the man did not kill anybody.

Jeannie, he did.

Can I vote?

I am issuing a restraining order requiring Mr. Hinks not to contact,

approach Ms. Dole and Ms. Hatcher and to stay at all times at least 1 ,000 feet

from them, their homes, and their offices.

To Lindsay with affection.

It's a little dog.

Who's sending you a dog?

On count one, murder in the first degree, we find the defendant, Scott

Not guilty.

He fired me. What? Who? Harry Duvall.

The employees don't want him around.

They don't even want him in the building.

What about you, Harry?

I don't want you around either, Scott.

And whether you killed Karen or not, you're just not the same man I used to

know.

Scott! This is just the anesthesia. If you kill yourself, people are going to

say, see, he killed her, he killed himself.

Is that the legacy that you really want to leave, Scott?

No.

He had this look on his face.

He... He just seemed a little outside of himself.

What do you mean?

I mean something snapped in the sky.

At first, it just seemed like he was going to kill himself.

And then he turned the gun on Duvall and he just started shooting.

I mean...

I'm just thankful he didn't shoot me.

You didn't know he had brought the gun?

Of course not.

He just pulled it out.

I don't even know from where.

What was his demeanor?

Well, he was building into this rage, you know.

He was building up and up.

And then we thought he was going to kill himself.

Then a kind of calm came over him.

Calm in what way?

Well, when Duval said, don't do it, don't kill yourself, and Scott said,

absolutely right, he said it, it was with this evil revenge kind of calm.

That's the best way I can describe it.

Do you think this was a revenge killing?

Absolutely. From your observation, he knew what he was doing.

Oh, he knew exactly.

This guy didn't snap here.

He made a decision.

He decided to kill this Duval guy.

And he did it.

You're sure about that from your observation?

I'm totally sure.

It was an execution.

IDT Long Distance. No one does it for less.

Rejected. Mitchell, I didn't even tell you the offer.

It doesn't matter, Helen. That should tell you something.

Oh, come on. You can't be expecting to win this. The guy's sitting in a van

100 grams of heroin. And I keep telling you, my client is a chemist whose only

mistake was working so hard he fell asleep at the wheel.

He had no idea those drugs were there.

Mitchell, we used to date. You forget. I could always tell when you were lying.

But you could never tell when I wasn't.

I'm not after your client.

I'm after his boss.

All I need is a name. Helen.

He's facing 15 years. We're offering five. Why would you turn that down?

I'm not a DA anymore. I'm a defense lawyer.

That's one reason.

The other is my client is innocent.

What'd you have for breakfast?

Hey, I'm pregnant.

So am I. Me too.

Is this dog going to live here now?

His name is Chopper. And yeah, until he gets house trained and I know that he

won't pee on my carpet.

There.

Jimmy, my office.

What's wrong?

You told the police that Scott Wallace acted with premeditation?

He did. You're his lawyer, huh? Not on this, I'm not. Eleanor and I were

witnesses. And Eleanor correctly said he snapped. I don't agree.

Whether you... You weren't there, so how do you know what's correct? I know

Scott's mental state. I was in the room. You basically screwed our insanity

defense. I was in the room. If there was even a question. There wasn't.

Not to me.

He didn't snap.

He knew exactly what he was doing.

I was a witness.

And I don't appreciate you telling me to ignore the truth. I wasn't. You're

feeding me what you think the truth should be.

I was in the room. What happened in that room was the result of many things that

took place before. I told him what I saw.

All right.

Bobby, of course you should tell the truth.

Well, if you're wrong, Jimmy, your mistake could cost a man a life

That was way out of line. Scott Wallace. I don't care.

You were way out of line.

The front end was up against a telephone pole, completely smashed.

It was a white van with the words Grace Pharmaceutical on the side.

Officer, did you see anyone behind the wheel?

Yes. I didn't at first.

His head was kind of hunched. But as I got closer, I could see it was the

defendant. How would you describe the defendant's condition?

He had a deep laceration on the left side of his forehead.

There was blood on his head and also on the windshield.

When the ESU arrived, they transported Mr. Macklin to the hospital.

Officer, when the defendant went to the hospital, what happened to his van?

It was taken to the police impound yard, where a routine inventory search was

done. Were you present for that search?

Yes. Could you tell the jury what you found?

We found a black bag containing what we later determined to be 115 grams of

heroin. We also recovered two large barrels, the first containing several

gallons of phenylacidic acid, the other with a similar quantity of methylene.

Officer, do you know what those chemicals are used for?

Yes. To make a drug called methamphetamine.

You found those items in the rear compartment of the van? That's correct.

There were no drugs found in the passenger compartment?

We didn't find any. And you also didn't find any drugs on my client, did you?

No. What about fingerprints?

Did you find any of my client's fingerprints in the black bag you

No readable prints were recovered.

Thank you, officer.

Nothing further.

The witness may step down.

We'll break for lunch, resume at 2 o 'clock.

Adjourned.

I still think we can resolve this.

Ellen. It's a lot of drugs. More than any street -level soldier gets to carry

it.

Look, our next witness is going to testify that he saw your client put the

in the van. Why would he... We're not interested in your deals. He's looking

15 years. I am beginning to get angry now.

Commonwealth versus Scott Wallace. Murder in the first degree. Bobby Donald

the defendant, Your Honor. Wave reading. Enter plea of not guilty by reason of

temporary insanity.

Given my client's mental infirmity, we would be requesting bail.

Denied.

We'd also be requesting an early trial date since Mr. Wallace has continued

deteriorating. Mr. Bay?

I could be ready in two weeks, Your Honor.

Trial date in two weeks. Defendant stays in custody.

Your Honor, the court should know two lawyers from Mr. Donald's firm will be

witnesses. My client is prepared to waive the conflicts.

Whoa, whoa, just a second.

It's not that simple. Two of your lawyers will be witnesses? How so?

They were present at the shooting.

I want affidavits from the attorneys, and I'll hear from you again on this

before I agree.

I have grave concerns, Mr. Donald.

We're in recess.

I will be in to see you this afternoon.

Again, do not talk to anybody. No guards, no inmates.

Wait for me to get there.

Temp insanity?

Are you sure the victim didn't commit suicide?

You know, Richard, for such a clever guy, you should be able to figure out

everybody hates you.

I'll carry that remark with me through the trial.

Who is it that they're asking?

Not sure, ma 'am. One of the prisoners.

That's how stupid they're getting. They're asking to see prosecutors.

Right through here.

Ms. Gamble.

Mr. Macklin, I can't speak to you. You're represented by counsel.

No, I'm not.

Did you fire Mr. Reese?

I can't fire him, Ms. Gamble. He works for them.

The people I work for, he works for. Hold on. I can't... I want to plead.

Mr. Macklin, you have counsel.

No, I don't.

And if you tell Mr. Reese that we had this conversation, I'll be killed.

My whole family will.

I want to help you, but you have to help me.

Football Saturday, presented by Kyocera, returns August 24th to Fox Sportsnet.

The motion's about whether I can represent you.

Technically, since lawyers at my firm are material witnesses, that would

me from being able to represent you without a waiver.

I'm going to have Dr. Murphy examine you again, okay?

Scott, I need for you to talk to me here.

What's the point now, Bobby?

Look, you may think everything's over now. You know what?

Maybe it is.

But maybe it doesn't have to be.

Your whole life depends on this next month. Don't lose 50 years because you

like sulking.

and pretend to know what you're going through.

But I do know you need help.

And you need to let me help you.

And the doctors.

You've trusted me up to now. You've got to keep trusting me.

Okay?

And he wants to talk to you.

First of all, you shouldn't have continued the conversation.

I only did it because it seemed to be a matter of life and death. And if what he

is saying is true, then he doesn't really have counsel, does he?

Where is he now?

In a cell. I can have him here in 30 seconds.

There has to be a defense attorney present. Why?

Because there does.

Mr. Young?

Mr.

Young, this is Kevin Macklin.

I need you to just stand here while I figure this out.

Figure what out?

Just hold the wall up for a second, please.

All right, Mr. Macklin.

What is it you wanted to see me about?

Like I told Miss Gamble, I want to plead guilty.

Whoa, Your Honor, I'm out of here. Stay still, Mr. Young.

If you want to plead guilty, sir, that is your right.

But you need to discuss that with your lawyer.

Mr. Reese doesn't really represent me.

When I got arrested, the people I work for arranged for him to defend me.

His job is to make sure I don't talk to the police.

And if he found out we were having this conversation right now, I'd be dead.

Okay, Mr. Macklin.

Let's see what happens.

Mr. Young, as of now, I'm appointing you this defendant's shadow counsel.

Shadow what?

I am removing Mr.

Reese with Mr. Macklin's consent, and I am assigning you in his place.

Well, you can't do that. I can do it, and it's done.

In the next eight hours, I expect you to conference this case.

With your client, with the district attorney, and with anybody else who can

my life easier.

What about Reese?

Until I say so, nobody says anything to Mr. Reese.

Are we clear?

Your Honor.

I'll adjourn the case until tomorrow.

If there is no resolution by then, I intend to proceed with the trial.

I have to work in this courthouse.

My reputation with the state, that's one thing. But these are my colleagues. I

can't start representing their clients behind their backs. Under the

circumstances, I don't think we have much of a choice.

What are you going to tell Reese?

That the judge suddenly isn't feeling well and the case is continued until

tomorrow. That's all he has to know.

You're putting me into a position where I can't... Talk to your client, Eugene.

I want an update by the end of the day.

She's sick?

Evidently. We'll continue to tomorrow.

She's probably in a hotel christening some new public defender.

I wouldn't doubt it.

Remember the time we zipped off to a motel during the recess of the Abrams

trial? Okay, don't remind me.

Come back without your underwear.

Please.

Look, I have an insane idea.

After the trial's over, Loser takes the winner to the North End.

Dinner at Emilio's.

Mitchell, let's just try to get through this thing before we start making social

plans. Okay?

Sure.

I better go.

I want to see my client before he goes back to county.

Actually, I think he's gone by now. You might have to wait some on that.

Here's a tip, Mr. Macklin.

Don't ever tell the prosecutor you're guilty.

What am I supposed to do?

I'm not going to jail for these people. Not 15 years.

Well, if you deal with the state.

You're looking at witness protection.

I know this. For you and your family.

Basically, your life is over, and you get the privilege of starting a new one.

So what happens next?

I'll make the deal.

But first, you tell the DA who you work for, and she's going to want details in

writing. Now, assuming it makes, you testify.

Then you go into witness protection and join your family.

You sure you want to do this?

As opposed to 15 years?

Yeah, I'm sure.

Could you add a little more foam?

Hi,

decaf, no whip, nonfat mocha,

please.

Lindsay. Oops.

Judge wouldn't like this.

You have a restraining order against you. A thousand feet.

It never enjoined me from getting coffee.

How was I to know you'd be here?

Well, now you know. So get out.

Could you put a rush on that mocha, please? I'm trying to elude capture.

The puppy you sent?

What a cute idea.

What puppy?

What puppy?

The client has completely signed off. So he's insane when it comes to shooting

people, but for capacity to waive conflicts, he's competent.

His mental state is another reason I need to be on this case, Your Honor.

Scott Wallace is not very communicative at the moment. He needs somebody he can

trust. But can he fully trust you?

Mr. Berluti, it seems, will be a vital prosecutorial witness.

I will represent Mr. Wallace zealously.

With no regard for Mr. Berluti's interests, I say that now as an officer

court. What about Ms. Frutt? I'm a little concerned that she'll lean more

towards being an advocate. The fact that Ms. Frutt is a member of my firm gives

Mr. Bay a free shot.

He can impeach with bias.

Yes, and that doesn't help your client, does it?

There certainly are disadvantages here, as well as dangers.

But the net result remains.

Scott Wallace is best served with me as his attorney.

Mr. Bay?

If the client waives the conflicts, I won't oppose.

Mr. Wallace, are you waiving the conflicts?

Yes, Your Honor.

I strongly advise against it, sir.

But I won't stop you.

Thank you, Your Honor.

Witness list by the end of the week. We'll see you for trial in two weeks.

We stipulate to withdrawing the guilty plea. Enter guilty to narcotic

trafficking. Mr. Macklin goes into witness protection.

All of this is conditioned on a detailed statement.

And you're confident this man has the information to warrant such a break?

He's the chemist. He's got names, locations.

He's a gold mine.

What if he turns out not to be a gold mine?

Then I have the right to call the deal off.

Your gin?

A little quiet.

I think the whole thing stinks.

Not to betray my new client, but he could be making everything up.

And on his word alone, we've gone behind the back of the defense council.

It smells lousy to me.

Do I look like I'm having fun?

All right.

Let's bring him in.

Eugene. Hey.

What's going on?

There's no easy way to say this, counsel, so I'll get right to the point.

The trial is over.

What do you mean? You're granting a mistrial? There's no mistrial.

Your client, Mr. Macklin, has pled guilty.

Guilty?

That's ridiculous. How could he plead guilty without a lawyer?

He had a lawyer.

At Mr. Macklin's request, I assigned Eugene Young to replace you.

Excuse me?

Where is my client? What is this, some sort of a joke? Get my client in here

now! At his request, Mr. Macklin entered witness protection an hour ago.

Witness protection?

Helen? He claims you were hired to defend him by the drug ring and that you

actually work for them.

And you believed him? He also feared for his life.

So what, you just replaced me?

Your Honor, this afternoon, when you asked for a continuance, that was a lie?

the time, I felt it was best to mislead you.

Helen, you've known me for 12 years. I prosecuted these cases.

Didn't you think I deserved to know about this? At least have a chance to

myself. How could we tell you?

If the client was right, it might get him killed.

Well, you made a mistake.

Both of you.

I'm going straight to the bar.

Who hired you to represent Kevin Macklin?

Go to hell.

I'll ask you again. Who hired you to represent Kevin Macklin? I'm not saying

anything. You don't have a choice.

Mitchell, this is a subpoena commanding your immediate appearance before a grand

jury.

Mitchell, it's up to you.

You tell us now or you tell us then.

Attorney -client privilege.

Your Honor, the person who hired me is also a client. Who I represent is highly

confidential. The identity of your client is outside the privilege. Not

have elements of the crime and revealing the identity could incriminate. I am

ordering you to answer, counsel.

Well, I won't.

So he is a goldmine. They're making arrests now, but he couldn't give them

top names. Only Reese has them. He won't tell.

He's going before the grand jury today.

Well, does it matter who went in first? A thousand feet's a thousand feet.

Okay.

Thanks.

What'd he say?

They can't arrest him.

They're gonna pay him a visit and try to scare him again.

Yeah, that seems to be effective.

Jimmy.

Can I talk to you?

I'm sorry I jumped all over you.

The emotion of this case... I apologize.

I understand.

Look, as his friend, I think I'm in a pretty good position to know whether

cracking up or... I know everything that led up to this, and I also know you.

Being in that room as the shots were being fired.

What are you saying?

I think it's possible that you perceive things other than perhaps they were.

You were clearly shaken up.

Bobby, first you try to tell me what the truth is. Now you're trying to

influence me. I'm just saying. This is witness tampering.

It's illegal.

I'm going to leave now before you do or say anything that makes me have to go to

the bar.

He's upset about the dog.

He said that?

I don't think he gave you the dog, and he's angry that somebody else did.

Who? I don't know.

Maybe the real killer.

Here we go again.

William Hanks is the real killer. He's stalking me, Jeannie.

The stalking also fits the pattern of his delusions, his wanting to be thought

of as... I'm not going to get into this. Look.

Since you are treating him, I would just like you to prevail upon him not to

stalk me anymore. Can you do that? I can't promise I'll be effective, but

certainly try. Thank you. And thank you so much for bringing me into this to

begin with.

His being upset over the dog doesn't make sense to me.

Not if he's the one who gave it to you.

No, it's like talking to a brick wall. You know, I think she's the one

from delusions.

Michael McGuire just called. They're on their way to see him.

Good. Now, can we talk about you and the Wallace case?

365 Federal?

You know, Jeannie thinks because...

You feel responsible for putting Scott back out on the street? You could be

obsessed with defending him here because you feel the need to defend yourself.

That is a pile of... It makes sense.

It's ridiculous.

I'm not even going to discuss it.

Bobby...

Are you sure?

Yes, I'm sure. I saw him right in the rearview mirror.

He picked me up, I was in the cab, I looked in the mirror, and it was him.

What are you waiting for, Mike? Get this guy.

You want me to do it? I'd be happy to.

I'm in it this far.

Helen, you used to go out with this guy. You really want to be hauling him

before the grand jury?

No, but...

You don't know the case. I should... So you can bring me up to speed.

I'll do it.

There was a time when you represented a client named Kevin Macklin.

Until yesterday. You subverted the judicial process and conspired to

I only have one question, sir.

Who hired you to represent Kevin Macklin?

I refuse to answer on the grounds of attorney -client privilege and under the

protection afforded me by the United States Constitution and Article 12 of

Massachusetts Declaration of Rights.

That's another way of saying you don't want to incriminate yourself.

I refuse to answer on the grounds already stated.

I'm sorry, Mr. Reese. It's not that easy. You're not a target of this

investigation. You've been given full transactional immunity for any crime

is revealed by your testimony.

I can't prosecute you for anything you say. That means you have to answer the

question. My answer would violate the attorney -client privilege.

A judge has rejected that argument.

Who hired you to represent Kevin Macklin? Who approached you? Who paid

Think about what you're doing, Mitchell.

Your reputation.

You're licensed to practice. You are risking incarceration for contempt.

Contempt?

You're a hypocrite, Helen.

Everything you've done here has shown contempt for this system.

Please answer the question.

I'm gone.

Bailiff, please stop Mr.

Reese.

You've got to be kidding.

Mitchell Reese, you're being held for contempt to the grand jury.

You don't know what you're doing, Helen.

You have no idea what you're doing.

Motion in what?

Limine. The prosecution is trying to suppress everything about your wife's

death. Well, that's good for us, isn't it? No, Scott, that's not good for us.

We need to prove you were insane when you killed Harry Duvall.

What you went through.

It helps explain your state of mind. No, no. If the jury thinks that I killed

Karen... They won't.

You were acquitted.

It doesn't matter, Bobby. Don't you get it? I lost my job, all of my friends.

Nobody cares that I was acquitted. They still think I'm guilty. I need to prove

your mental condition. No, no, no. You're making me look like a murderer.

Scott, this is our only chance. We can't win this any other way.

Dr. Murphy is prepared to support our theory of temporary insanity.

But you did bring a gun to the meeting. Why?

Did you go there to kill him, Scott?

No.

No, I... I planned to kill myself in front of him.

I figured my own blood on his hands.

Suddenly, better his blood on mine.

And when you turned to Eleanor and Jimmy, and you said, bet you're glad I

out of bullets, would you have shot them too, Scott?

Maybe.

You used to be a prosecutor, Mitchell.

I just can't believe it.

Why am I sitting here?

Because his story is checking out.

Look, completely off the record. Not that they're after you anyway.

Off the record.

Why?

At first, it was just supposed to be some arraignments.

Make your appearance, argue for bail.

Over time... It's a lot of money.

I started taking trials.

Cash.

Up front.

Win or lose.

And you started throwing cases.

Never. Never.

I always do the best I can for my client.

Sometimes I even win.

There's only one rule. Nobody talks.

No matter what the state offers, nobody talks.

Mitchell, sometimes that amounts to tanking cases.

Just give us names.

I'm not going to reveal who my client is, Helen.

Too ethical?

You can go.

I'm not talking.

I was just trying to save the guy.

You really think you saved him?

Witness protection?

Doesn't matter. These people will find him.

You haven't saved anybody.

Chopper.

Come here, boy.

Chopper.

I'd like to dust the whole place. Why aren't you picking him up? Lindsay, we

don't even know for sure. We know, Michael. We know who did this. All

Lindsay, hold on. You hold on. You don't have a psycho after you.

Why can't you bring him in for questioning?

We can do that. Then let's.

You okay?

No.

I just came from court.

I told the judge I had no good faith basis to believe holding you in contempt

would result in your revealing the names.

You're free to go.

Helen, I won't begin to defend.

Working for the people I... Or doing.

But this shadow counsel thing, going behind a defense attorney's back,

it's equally unethical.

Maybe more so.

No, it isn't, Mitchell.

I'm sorry you can't see that.

It's prior bad acts. It's inadmissible. That's a defense argument. It's also

totally irrelevant who else he may have killed. It goes directly to our insanity

defense. It is not irrelevant.

It's always a different angle. I'd like to be able to finish my argument. Bobby,

how can you even stand here today in good conscience?

Why don't you turn around and face the Duval family?

Because of your brilliant legal maneuvering, Scott Wallace got to go

street. Because you were able to spin reasonable doubt, an innocent man was

down. Mr.

Bates. It needs to be said. You killed him.

Not me.

You arrested the wrong man. Counsel.

I want to respond to that.

You drove him crazy.

He lost his wife. You accused him.

You took away his life, his sanity.

Mr. Duvall is dead because of the Commonwealth of Massachusetts.

The Commonwealth of Massachusetts.

Don't be blaming me.

You killed him.

Bobby.

They killed him.

They did.

I'm allowing evidence of the first crime to be introduced.

However, Mr. Donnell, I advised you once to get off this case because of the

inherent conflicts.

I reissue that advisement for emotional reasons as well.

You can do what you want to do.

But I hope you know what you're doing.

We're adjourned.

Come on, Bobby.

Let's go.

Look, I'm happy to say I've committed multiple homicides.

But I wouldn't be caught dead driving a cab.

It's only under duress I would even hail one.

They all smell of those hideous little evergreen tree fresheners.

Where were you yesterday afternoon?

Belmont.

Grove Street Park, walking my dog.

Looking to meet a new friend.

Were you with anybody?

I go alone.

In case I do meet that friend.

He's lying.

He may be, but... I saw him, Michael. It was him. I don't care if it was a

rearview mirror.

It was him. I know it.

I don't know where he would get a taxi cab. It was him!

I'll check with the cab company, see if any were reported missing.

I'll let you know.

So basically, he doesn't believe you. He questions my ID, yeah.

Well, we're getting a guard. One for here, another for our apartment. Lucy,

could you take care of that?

Done.

So what's the meeting about?

Well, the firm has some concerns.

We all think it would be best not to represent Scott Wallace. Forget it.

Bobby, two people here are witnesses.

I covered that. The client waived the conflict. It isn't just that.

Then what is it, Eugene?

Why don't you tell me?

I'll tell you.

You were losing it in court today, Bobby. You're too close to this. You're

emotional. I was emotional because my wife is being threatened by some psycho.

Well, whatever the reason. I'm doing it.

It isn't your decision.

It should be subject to a partnership vote.

I'm sorry, Bobby, but... I agree with him.

Scott will be served better. Scott Wallace is in a psychological crisis

now, Eugene. You know that.

He needs an attorney he has a trust with. I can better represent him than

other lawyer.

We should vote, Bobby.

Fine.

All those in favor of me representing him.

All opposed.

The ayes have it.

Nice ambush, Lindsay.

Can't you see how emotional you're getting? I was worried about you, for

sake.

Do you feel responsible for the shooting?

Bobby, look, you believed his wife committed suicide.

I still do.

In which case, you couldn't possibly foresee that he would walk into a

with a gun.

Put this thing on yourself, Bobby.

I'm not doing that, Lucy.

It's just... I'm the only one who can help him here.

I can't pull out on him now.

Down here.

It looks like a hit.

What happened to witness protection?

What? He was supposed to be in witness protection.

Nobody told me anything about that.

Watch your step.

They say he used to be a DA.

Helen, you okay?