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Previously on The Practice. We find the
defendant, William Hinks, not guilty.
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Since you are treating him, I would just
like you to prevail upon him not to
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stalk me anymore. I can't promise I'll
be effective, but I'll certainly try.
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Jeannie Reynolds had a heart attack.
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What? I don't care what the doctor said.
A woman in her 30s doesn't just
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suddenly turn up dead. It was William
Hinks. What, he's scared her into having
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coronary? At least order an autopsy.
Okay, Lindsay, you were right.
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She was injected with liquid nicotine.
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It simulated all the conditions of a
heart attack.
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So she was murdered. I want to know
where you were two nights ago. I believe
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was home alone watching Taxi. You think
that's funny, William?
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Well, the joke could be lost on you. I'm
sure Lindsay is about to find herself
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in stitches.
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She's being threatened, and her life
could very well be in danger.
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Fifty thousand cash up front. I'm not
hiring you to... I just want you to
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him.
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I'll take care of it, Bobby.
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Hanks? Yeah.
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Where's his head?
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Do
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you
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have any suspects?
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Not yet.
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I asked for my lawyer.
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This is Bernard Shanley. He's a public
defender. I don't want a public
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I asked for Bobby Donald. Mr. Neal, I'm
going to advise you to just listen now.
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You listen.
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Beat it. Shut up, Alan, and just don't
talk for a second.
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You have a problem, Alan.
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The man you killed was a bit of a
security freak.
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He had cameras.
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One of them picked you up entering his
house.
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He also managed to activate his phone
machine, which partially recorded an
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exchange between you two.
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You picked the wrong girl to terrorize.
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Bobby Dowell's a friend of mine.
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We got kind of a arrangement going. I
kill people, he gets me off.
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Over the years, I'm in his debt pretty
good, so when he calls in a favor... I
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have a silent alarm.
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The police are on their way as I speak.
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Then I'd better not waste time.
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Before you touch me, you should know.
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I have cooties.
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Oh, you're a funny boy.
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Please.
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You have exceeded the time.
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See, Alan?
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I don't think Bobby Donald is the lawyer
you want to be calling.
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Did you feel that? Oh, I felt it.
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I didn't. Oh, come on.
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What about that?
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That I felt?
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Is that normal? Hey, Jimmy.
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How come you never asked to feel my
stomach? Don't start with me, Eleanor.
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Bobby.
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Ellen Neal.
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What about him?
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He's been arrested for William Hanks'
murder.
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Arrested when?
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Last night.
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They got him in lockup. He's being
arraigned at 9 o 'clock.
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Privacy.
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Bobby. Calm down.
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Bobby, they know.
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They got it on tape. Keep your voice
down. He had some recorder thing going.
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Who? Hinks.
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The guy you had me whack?
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Hey, I didn't have you. They got it on
tape, man. Alan, calm down.
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They want me to turn state against you.
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What? They got me on tape, Hal. You
know, you sent me... Who wants you to
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state? The cops.
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And that midget DA.
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Bobby, they got us both. What exactly do
they have on tape?
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Me telling Hinks that you sent me.
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First, I never sent you to kill him. Oh,
come on. I said scare him. Come on,
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Bobby. I never... Look, we're in deep
here.
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If you're going to turn against me...
I'm not turning against you. Okay, okay.
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We need each other.
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We're in trouble, so look.
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Let's just get on the same page here and
admit that you had me kill the guy.
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I did not have you kill him.
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I miss seeing you, Alan.
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Guard!
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Bobby Donald?
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What's going on?
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I'm sorry.
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Mike!
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You're under arrest for the murder of
William Hicks.
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You have the right to remain silent.
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Anything you say can and will be used
against you in the court of law.
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You have the right to an attorney. If
you cannot afford an attorney, one will
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provided for you.
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What? It just happened. He's being
arraigned this afternoon.
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I'm on my way.
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I'm going to. No, Lindsay, you... He's
my husband. I'm certainly entitled to...
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He's seven months pregnant. So what?
He's right, Lindsay. Eleanor. You don't
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want to stress yourself into
miscarrying.
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Stay here.
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I'll call you.
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Jimmy, come on.
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Karen?
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Hey, Beck.
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Can I talk to you?
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Well, sure.
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Is everything okay?
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I think I'd like to hire you. Are you
free?
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Let's go in here.
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It's their fault, Rebecca.
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Why shouldn't they take responsibility?
I'm a widow because of them. Maybe they
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should. But to hold an employer liable
for an employee's suicide... They worked
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him so hard.
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They verbally abused him and... Law
firms push associates all the time. They
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work long hours. This went beyond that.
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We both know Keith suffered from
depression.
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Which they were responsible for.
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Well, did any doctor say that?
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Look, Rebecca, you're my friend. If you
won't help me, I... Of course.
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I'll help you. I'm just saying that your
husband suffered from a pre -existing
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mental... That law firm drove him to
suicide, and I want to sue them.
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Was it foreseeable to you that Keith was
going to take his life?
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No.
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Then how do we really argue it should
have been foreseeable to them?
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Please. I just need to do this.
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They...
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All right, let me set up a meeting.
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I'd like to file a complaint
contemporaneously with the meeting. Let
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we're serious about this.
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Well, first let me... No, just file the
complaint.
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Then we'll meet with them and go from
there.
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Please?
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It can just be boilerplate, but it'll
send a message.
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Okay?
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But I have to tell you, Karen, I'm only
doing this out of our friendship, as a
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lawyer.
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I don't see much merit in this case.
They killed him, Rebecca.
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They drove him to take his life.
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I guess they're going solicitation.
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I kind of went into shock when he was
reading me.
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Wait a second. Alan Neal really did kill
Hanks?
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Yes. And how do they connect it to you?
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I met with Alan the night before. I told
him to scare.
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Hanks. And now Alan is evidently
claiming that I asked him to kill Hanks.
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He was wearing a wire.
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I think he's made some kind of deal.
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And now they're after me.
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They're after me.
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Case 32899, Commonwealth.
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versus Robert Donald, breaking and
entering with intent to commit felonious
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assault, conspiracy to commit murder and
felony murder, and murder in the first
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degree.
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Eugene Young for the defendant. We enter
a plea of not guilty on all counts. I
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also ask that my client be released on
his own recognizance. Given the severity
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of the charges, the Commonwealth opposes
bail.
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He is not a flight risk, nor is he a
threat to society.
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Obviously, Mr. Donald has strong roots
in the community. He's a respected
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of the bar. I don't know to which bar my
colleague is referring.
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I'm setting bail at $100 ,000, $10 ,000
bond. Let's conference later for a trial
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date. Anything else?
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Adjourned.
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We'll get the bail posted. It'll take
about an hour.
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Okay.
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Hey. You okay?
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We gotta take him. I'm going with him. I
don't think that we... Then don't think
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that. I'm going.
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You hear the counts?
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Yeah.
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They're not just going solicitation.
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They're charging first degree.
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Okay,
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four o 'clock.
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I appreciate that. Thank you.
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See you then.
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There's a surprise.
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He's coming here.
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Who? The managing partner of the law
firm, Karen, wants me to sue.
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Rebecca, don't get me wrong. I love the
underdog, but... She's a friend.
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She wants to do it.
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Maybe I can scare up some nuisance
change. Who knows?
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Obviously, it all comes down to the
credibility of Mr. Neal.
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The reason for this assemblage, I do not
want this one slipping away.
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Robert Donnell is an enemy to this
department.
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Three years ago, he tipped off his drug
clients to an upcoming police raid which
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led to the shooting death of two
officers.
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He has routinely manipulated the
judicial process to prevent murderers
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being incarcerated, and he has
embarrassed us all while doing so.
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As far as this office is concerned, This
prosecution is payback.
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Now, you will all be assigned specific
roles. Excuse me.
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Yes?
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Nobody wants to beat Bobby Donald more
than I do, but this thing being
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politicized... I beg your pardon?
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It's one thing to charge him on the
facts of this case, but his previous
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with the department should have no
bearing on this prosecution, and I think
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departmental vendetta... That's not what
this is.
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It sure sounds like it.
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Bobby Donald's previous history with
this department is only relevant to the
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extent that it will be played up in the
press Given the added attention to this
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case I'm concerned from a public
relations standpoint and therefore I
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important that we all do a good job
That's not what you said Martin That's
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I'm saying now Richard May I continue
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Why didn't you tell me?
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Please don't start.
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I'm not trying to start, Bobby, but...
You bring this Neil guy in, you tell him
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to scare Hinks, Hinks ends up dead, and
you say nothing to me?
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It had to have been eating you.
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Can I have a second with him?
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Sure.
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Why should I know what the hell's going
on?
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I'm only married to him.
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They're giving Neil manslaughter.
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20 years.
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In exchange for his testimony against
me.
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Yeah. I'm bringing a motion to kick a
couple of counts.
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The most serious being felony murder.
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That's where you're the most vulnerable.
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Felony murder?
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How can they charge that?
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Breaking and entering.
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Oh, please, that can't stand.
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Well, if it does, you're in trouble, and
I don't need to tell you that.
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I'm going to say this once, because I
have to say it once, then I'll move on.
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Your sending a known criminal, a
murderer no less, to visit Hinks was
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the dumbest thing I've ever known you to
do. You put yourself at risk, you
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jeopardized his firm. Now, I know you
were acting as a worried husband, but
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Bobby, if stupidity were a crime, your
ass would be serving life.
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Now, let's turn to your defense.
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Before we get to that, Eugene, I'm about
to have a baby.
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I'm going on trial for murder.
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I'm in no position, I should say
condition,
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to be running this firm.
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I won't be until this thing is over.
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I'm appointing you pro tem senior
partner.
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I'm not passing on a title here. I'm
just assigning responsibility.
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Okay.
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I worked all the associates.
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We were doing massive class action. You
worked Keith in a way. Karen?
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Mr. Banish, I obviously know what it's
like to work in a law firm.
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Can I stop you there, Ms. Washington?
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With all due respect to your practice,
you have no experience with class action
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product liability work.
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Keith was on a toxic waste case
involving 3 ,200 plaintiffs. This kind
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understand that.
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And I know associates are expected to
put in long hours. But you also know,
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the eggshell doctrine. Meaning?
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Meaning you take your plaintiffs as you
find them. And the fact that Keith had
245
00:16:08,820 --> 00:16:12,640
an underlying psychological condition is
not a complete defense. Look.
246
00:16:15,660 --> 00:16:16,680
I loved Keith.
247
00:16:17,040 --> 00:16:18,019
Oh, please.
248
00:16:18,020 --> 00:16:19,340
Whether you want to believe that, Karen,
I did.
249
00:16:19,920 --> 00:16:21,740
And his death was shocking to all of us.
250
00:16:22,700 --> 00:16:25,040
But we never, ever verbally abused him.
251
00:16:25,260 --> 00:16:28,800
Did you call him at one in the morning?
Yes, but that's the job.
252
00:16:29,200 --> 00:16:32,500
He asked for time off the week before
his death. You wouldn't... It was also a
253
00:16:32,500 --> 00:16:33,560
week before the trial.
254
00:16:33,780 --> 00:16:35,520
I couldn't... All right, look.
255
00:16:36,920 --> 00:16:40,740
Mr. Banish, we're not blaming you for
Keith's death. I am. Karen.
256
00:16:42,680 --> 00:16:44,080
We're merely saying...
257
00:16:45,710 --> 00:16:50,490
A lot of factors came into play. The
pressure of work, the long hours, those
258
00:16:50,490 --> 00:16:52,090
were some of the factors.
259
00:16:53,230 --> 00:16:55,750
We're suggesting you take some
responsibility.
260
00:17:01,550 --> 00:17:02,550
Richard.
261
00:17:04,390 --> 00:17:09,430
Listen, I thought about what you said,
and while I agree it would be wrong to
262
00:17:09,430 --> 00:17:14,490
politicize this, it's also probably
overkill to assemble a big army of
263
00:17:14,490 --> 00:17:16,290
attorneys, so... I'm scaling it down.
264
00:17:17,750 --> 00:17:19,810
You're no longer on the case. We'll have
you reassigned.
265
00:17:20,329 --> 00:17:21,569
Thanks for your work thus far.
266
00:17:23,869 --> 00:17:26,510
I'm off the case because I don't like
what you're doing?
267
00:17:27,430 --> 00:17:29,810
Again, thank you for your work to date.
268
00:17:36,250 --> 00:17:42,130
First priority, we need to kick the
felony murder charge.
269
00:17:42,680 --> 00:17:46,300
If that count stands, all they really
need to prove is that Bobby sent Neil to
270
00:17:46,300 --> 00:17:47,300
break into Hinks' house.
271
00:17:47,720 --> 00:17:50,820
It's no defense that he didn't intend
for Hinks to be killed.
272
00:17:51,480 --> 00:17:52,800
This count must be dismissed.
273
00:17:53,900 --> 00:17:55,700
Eleanor. I'm already on it.
274
00:17:55,980 --> 00:17:58,200
Second, privilege. This is huge.
275
00:17:58,400 --> 00:17:59,840
We have to go after Neil's credibility.
276
00:18:00,480 --> 00:18:04,080
Unfortunately, a lot of stuff we have on
him we learned through attorney -client
277
00:18:04,080 --> 00:18:05,080
privilege.
278
00:18:05,240 --> 00:18:07,060
Now, we need to be able to use it.
279
00:18:07,360 --> 00:18:08,360
Lindsay?
280
00:18:08,540 --> 00:18:09,459
Got it.
281
00:18:09,460 --> 00:18:10,460
Third.
282
00:18:11,020 --> 00:18:12,500
They gave Neil manslaughter.
283
00:18:12,760 --> 00:18:15,640
I'm not sure you can tag conspiracy
charges with manslaughter.
284
00:18:15,900 --> 00:18:20,360
Bobby, why don't you research that?
There's no reason we can't put you to
285
00:18:21,160 --> 00:18:22,160
Thanks.
286
00:18:22,600 --> 00:18:23,600
Fourth.
287
00:18:26,000 --> 00:18:27,000
This firm.
288
00:18:31,920 --> 00:18:32,920
We're in trouble.
289
00:18:34,240 --> 00:18:37,380
We may be a partnership, but the face of
this place is Bobby.
290
00:18:38,030 --> 00:18:40,690
Even if we beat this, our reputation has
taken a big hit.
291
00:18:41,310 --> 00:18:44,690
Clients may want to bail on us.
Potential clients will be less likely to
292
00:18:45,250 --> 00:18:46,810
I want to retain a publicist.
293
00:18:47,050 --> 00:18:49,510
That could be expensive, but we need to
do it.
294
00:18:50,350 --> 00:18:52,650
Also, we have two partners about to have
babies.
295
00:18:53,050 --> 00:18:54,050
We need to hire.
296
00:18:54,130 --> 00:18:58,330
As of now, we have a hiring committee.
Eleanor, Lindsay, you co -chair.
297
00:18:58,750 --> 00:19:03,250
We have to become as systemized as we
can because right now, clients will be
298
00:19:03,250 --> 00:19:05,910
looking for us to fall apart. This
organization and me.
299
00:19:06,510 --> 00:19:09,130
This organization will fuel that
perception.
300
00:19:10,430 --> 00:19:12,590
Rebecca, Walter Banish is here.
301
00:19:15,110 --> 00:19:16,110
Mr. Banish.
302
00:19:17,110 --> 00:19:18,110
Hello.
303
00:19:19,030 --> 00:19:22,930
Look, I still contest any liability on
our part.
304
00:19:23,490 --> 00:19:26,450
But the negative publicity of a lawsuit,
I don't want it out there that we're a
305
00:19:26,450 --> 00:19:31,430
sweatshop. So I'm willing to make an
offer to make this go away. One -time
306
00:19:31,430 --> 00:19:32,450
offer, take it or leave it.
307
00:19:33,230 --> 00:19:34,230
Okay, what is it?
308
00:19:35,379 --> 00:19:36,379
$500 ,000.
309
00:19:39,620 --> 00:19:40,620
Payable now?
310
00:19:40,820 --> 00:19:42,460
Payable upon signing the release, yes.
311
00:19:43,500 --> 00:19:45,780
And a complete confidentiality
agreement.
312
00:19:47,260 --> 00:19:50,100
Well, I will take it to my client and
let you know tomorrow.
313
00:19:52,020 --> 00:19:54,160
Thank you. No, thank you. Good night.
314
00:20:07,400 --> 00:20:09,240
You remember my suicide case?
315
00:20:09,580 --> 00:20:11,520
Wrongful death. No merits.
316
00:20:12,000 --> 00:20:13,200
Yeah, it was your friend.
317
00:20:13,900 --> 00:20:15,540
Nuisance change just came in.
318
00:20:16,900 --> 00:20:18,800
$500 ,000.
319
00:20:20,680 --> 00:20:21,680
What?
320
00:20:23,620 --> 00:20:24,740
What are we missing?
321
00:20:32,430 --> 00:20:36,310
I'm not saying the case against him is
bogus. It isn't. But there's a lynch mob
322
00:20:36,310 --> 00:20:40,170
mentality going on, which is bogus. They
don't really think Bobby ordered a hit,
323
00:20:40,250 --> 00:20:41,390
do they? It doesn't matter.
324
00:20:41,690 --> 00:20:44,610
They're out to get him, and they think
he was at least reckless, which is all
325
00:20:44,610 --> 00:20:45,610
they may need to prove.
326
00:20:46,830 --> 00:20:47,830
Helen.
327
00:20:48,310 --> 00:20:50,010
Lindsay. Make it go away.
328
00:20:51,070 --> 00:20:52,990
Lindsay, I'm not sure that... He's not a
murderer.
329
00:20:53,630 --> 00:20:54,630
I'm calling in a favor.
330
00:20:55,030 --> 00:20:56,030
Make it go away.
331
00:20:56,210 --> 00:20:57,830
Lindsay, I can't. This is upstairs.
332
00:20:58,210 --> 00:21:01,410
Then take the stairs, Helen. Do whatever
you have to do, but make it go away.
333
00:21:41,740 --> 00:21:44,060
I got so afraid that he really might
hurt you.
334
00:21:45,720 --> 00:21:50,980
And the reason I didn't tell you is
because I knew this is not the kind of
335
00:21:50,980 --> 00:21:52,340
stress you need right now.
336
00:21:53,120 --> 00:21:55,880
Bobby, I'm your wife.
337
00:21:57,840 --> 00:21:58,840
I know this.
338
00:22:03,540 --> 00:22:09,300
What happens tomorrow?
339
00:22:11,790 --> 00:22:14,730
We have a motion to dismiss the felony
murder count.
340
00:22:15,710 --> 00:22:16,710
If you lose?
341
00:22:17,470 --> 00:22:20,730
Lindsay, their whole case is the word of
a career criminal.
342
00:22:21,510 --> 00:22:23,930
They can't satisfy the burden with that.
They just can't.
343
00:22:29,610 --> 00:22:31,030
I've never seen you look so scared.
344
00:22:34,390 --> 00:22:35,390
We'll beat this, Bobby.
345
00:22:36,390 --> 00:22:38,230
We'll put the whole firm on it if we
have to.
346
00:22:55,260 --> 00:22:57,900
Fantastic. Yeah, I thought you'd be
pleased.
347
00:22:59,080 --> 00:23:02,460
Well, I guess he admits he's responsible
after all.
348
00:23:03,120 --> 00:23:05,840
I can't quite believe it, but... Thank
you so much, Rebecca.
349
00:23:06,460 --> 00:23:08,880
You have no idea how much I could use
this money to.
350
00:23:10,660 --> 00:23:13,840
And I'll get it today, when I sign the
confidentiality agreement.
351
00:23:16,400 --> 00:23:18,940
I never mentioned any confidentiality
agreement.
352
00:23:20,200 --> 00:23:21,260
How'd you know about that?
353
00:23:21,690 --> 00:23:22,690
Oh, well, I'm assuming.
354
00:23:23,890 --> 00:23:27,250
My husband was a lawyer back... I know
how these things work. I'm assuming the
355
00:23:27,250 --> 00:23:28,250
settlement will be sealed.
356
00:23:29,070 --> 00:23:32,010
Well, why don't you fill me in on how
things work, Karen?
357
00:23:33,030 --> 00:23:34,590
Or how they're working here.
358
00:23:35,390 --> 00:23:36,390
I'm sorry?
359
00:23:36,450 --> 00:23:39,290
Nobody hands over $500 ,000 after one
meeting.
360
00:23:39,550 --> 00:23:43,230
No discovery even. He just says, okay,
here's a check. What's going on?
361
00:23:43,470 --> 00:23:44,890
I might ask the same question.
362
00:23:45,350 --> 00:23:49,550
We've been friends a long time, and you
tapped into that friendship to get me to
363
00:23:49,550 --> 00:23:50,550
represent you here.
364
00:23:51,639 --> 00:23:55,400
Be straight with me, Karen, or I'll
start asking my questions in other
365
00:24:06,800 --> 00:24:13,080
Walter Banish embezzled a lot of money
from client trust funds, and Keith went
366
00:24:13,080 --> 00:24:14,080
along with it.
367
00:24:14,220 --> 00:24:16,860
And his guilt, I'm convinced,
contributed to his depression.
368
00:24:18,120 --> 00:24:21,420
I went to Mr. Banish and I accused him
of contributing to my husband's suicide
369
00:24:21,420 --> 00:24:22,820
and I wanted to be compensated.
370
00:24:24,380 --> 00:24:26,200
So why didn't he just pay you off then?
371
00:24:27,520 --> 00:24:31,040
He said, it sounds like you're accusing
me of wrongful death. Perhaps you should
372
00:24:31,040 --> 00:24:33,060
sue the firm and then we'll settle the
matter.
373
00:24:34,200 --> 00:24:36,620
He needed to be sued to get his firm to
pay the money.
374
00:24:37,220 --> 00:24:40,080
And that's why you insisted I drop a
complaint and file it.
375
00:24:40,360 --> 00:24:43,100
So he basically could defraud his own
partner.
376
00:24:46,240 --> 00:24:50,570
Karen. This is extortion. I won't be
part of it. Excuse me, Rebecca, but
377
00:24:50,570 --> 00:24:52,250
not a part of anything but a legitimate
lawsuit.
378
00:24:53,610 --> 00:24:57,390
I went to Mr. Banish, and he advised me
I'd have to sue him before he'd give me
379
00:24:57,390 --> 00:24:58,590
a nickel, and I did sue him.
380
00:24:58,790 --> 00:24:59,990
And we've settled the matter.
381
00:25:00,930 --> 00:25:02,450
You have no evidence of extortion.
382
00:25:02,750 --> 00:25:04,030
Carrie! Please notify Mr.
383
00:25:04,250 --> 00:25:05,510
Banish I accept his offer.
384
00:25:11,790 --> 00:25:12,790
By the way...
385
00:25:14,040 --> 00:25:17,100
No need to thank me for the easiest
contingency you've ever earned in your
386
00:25:17,260 --> 00:25:20,100
Over $150 ,000 for one day's work.
387
00:25:21,340 --> 00:25:22,340
You're welcome.
388
00:25:32,140 --> 00:25:35,380
There is no legal basis for the charge
of felony murder.
389
00:25:35,620 --> 00:25:38,860
Breaking and entering a dwelling to
commit a felonious assault is a
390
00:25:38,860 --> 00:25:40,100
predicate to felony murder.
391
00:25:40,340 --> 00:25:44,320
There's case law... To charge the person
who did the actual breaking and
392
00:25:44,320 --> 00:25:48,760
entering. There is absolutely no case
law charging the alleged accessory with
393
00:25:48,760 --> 00:25:52,460
felony murder. Any person can be charged
as an accessory to any felony. Yes,
394
00:25:52,460 --> 00:25:56,540
well, no one ever has under these
circumstances. And suddenly, with Bobby
395
00:25:56,540 --> 00:26:00,400
Donald... Even if Bobby Donald did not
conspire to kill William Hinks, he gave
396
00:26:00,400 --> 00:26:05,080
Mr. Neal William Hinks '... address and
dispatched him to his home mister neil
397
00:26:05,080 --> 00:26:09,860
broke into that home a murder resulting
from a breaking and entering is the
398
00:26:09,860 --> 00:26:14,640
exact scenario the legislature had in
mind when passing the felony murder rule
399
00:26:14,640 --> 00:26:19,480
there is no evidence that my client was
a part of any breaking and entering we
400
00:26:19,480 --> 00:26:23,220
have a statement from the actual killer
That would be considered evidence.
401
00:26:23,520 --> 00:26:27,520
Your Honor, they know they can't prove
this crime. They can't show intent.
402
00:26:27,780 --> 00:26:32,040
So the prosecution is charging felony
murder to circumvent their burden of
403
00:26:32,040 --> 00:26:35,920
proof. Yes, well, unless I'm missing
something, that is one of the very
404
00:26:35,920 --> 00:26:37,800
we have the felony murder rule.
405
00:26:38,780 --> 00:26:43,320
To lower the prosecution's burden. If
you look at all the cases where this
406
00:26:43,320 --> 00:26:45,960
has been applied... The function of the
court is not to look at... There is no
407
00:26:45,960 --> 00:26:48,520
predicate felony to support these
charges.
408
00:26:48,780 --> 00:26:53,240
This amounts to selective prosecution
against a defense attorney... There is
409
00:26:53,240 --> 00:26:57,400
absolutely no evidence of selective
prosecution in this case.
410
00:26:57,800 --> 00:27:00,880
And as for a predicate felony, you've
got several.
411
00:27:01,360 --> 00:27:05,000
Aiding and abetting a felonious assault,
breaking and entering... Bobby Donald's
412
00:27:05,000 --> 00:27:06,340
wife was being threatened.
413
00:27:07,120 --> 00:27:09,700
He sent Alan Neal to scare Mr.
414
00:27:09,900 --> 00:27:11,340
Hanks, to warn him.
415
00:27:11,620 --> 00:27:17,100
Alan Neal committed a supervening act of
murder, and now the prosecution is
416
00:27:17,100 --> 00:27:22,420
using the felony murder rule as a means
to get Bobby Donald. That is what is
417
00:27:22,420 --> 00:27:24,700
going on. That's what's going on.
418
00:27:24,920 --> 00:27:28,320
Bobby Donald sent a known killer out to
threaten a man.
419
00:27:29,140 --> 00:27:31,880
Is it really unforeseeable that a murder
happened?
420
00:27:41,610 --> 00:27:42,610
Did he roll?
421
00:27:42,930 --> 00:27:43,930
Not yet.
422
00:27:50,990 --> 00:27:52,070
I'm sorry, Bobby.
423
00:27:52,690 --> 00:27:53,870
You did fine, Eleanor.
424
00:27:55,450 --> 00:27:56,830
I got my ass kicked.
425
00:27:57,430 --> 00:27:59,630
Let's just admit it. I just got my ass
kicked.
426
00:28:00,410 --> 00:28:01,990
He took it under advisement.
427
00:28:03,230 --> 00:28:04,230
Anything can happen.
428
00:28:05,570 --> 00:28:08,750
Listen, I have a little problem myself.
429
00:28:09,850 --> 00:28:14,230
My $500 ,000 settlement, I think it was
the result of extortion.
430
00:28:14,770 --> 00:28:15,769
How so?
431
00:28:15,770 --> 00:28:18,890
Well, it seemed my client's husband and
the partner of his law firm were
432
00:28:18,890 --> 00:28:20,890
involved in some sort of embezzlement
scheme.
433
00:28:21,370 --> 00:28:23,730
Karen, my client, tried to extort
Banish.
434
00:28:23,930 --> 00:28:27,510
Well, he basically steered her to sue
his law firm so that all the partners
435
00:28:27,510 --> 00:28:29,930
would have to pay her. I was used as a
pawn.
436
00:28:30,150 --> 00:28:31,290
You know this for sure?
437
00:28:31,490 --> 00:28:35,630
Well, I know the embezzlement went on
for sure. My client denies the lawsuit
438
00:28:35,630 --> 00:28:38,230
anything but legitimate, but it's just,
it's too suspicious.
439
00:28:38,860 --> 00:28:40,300
She demands to file a complaint.
440
00:28:40,500 --> 00:28:43,840
The defendant then makes an offer with
no discovery whatsoever.
441
00:28:44,620 --> 00:28:46,280
It's just way too suspicious.
442
00:28:47,880 --> 00:28:50,040
And what's your problem?
443
00:28:51,040 --> 00:28:52,220
What's my problem?
444
00:28:52,800 --> 00:28:54,700
You have to ask me what's my problem?
445
00:28:55,020 --> 00:28:57,880
Unless you have proof the lawsuit is
bogus, do you?
446
00:28:58,400 --> 00:29:00,720
No. Then accept the offer and be done
with it.
447
00:29:01,440 --> 00:29:02,440
Excuse me?
448
00:29:02,670 --> 00:29:05,990
Well, if you do anything to quit a
settlement, your client can have an
449
00:29:05,990 --> 00:29:07,110
against us for the full amount.
450
00:29:07,350 --> 00:29:08,810
This is not a money thing, Eugene.
451
00:29:09,050 --> 00:29:10,990
No, it's a legal thing, Rebecca.
452
00:29:11,790 --> 00:29:15,150
As I understand it, you sued under the
theory of wrongful death.
453
00:29:15,390 --> 00:29:19,550
The defendant is settling under that
theory, except... But it's not that
454
00:29:19,690 --> 00:29:22,710
We do not need to be sued by a client at
this time, Rebecca.
455
00:29:26,770 --> 00:29:29,270
Do you have specific knowledge that the
lawsuit is bogus?
456
00:29:31,650 --> 00:29:35,110
No. Is your client instructing you to
accept the terms of the settlement?
457
00:29:36,390 --> 00:29:39,390
Yes. Then that's exactly what you do.
458
00:29:48,350 --> 00:29:49,350
Fine.
459
00:29:54,390 --> 00:29:55,390
Martin.
460
00:29:55,570 --> 00:29:59,730
Helen. What's with the summons? Oh, all
the witnesses are getting them. Even
461
00:29:59,730 --> 00:30:01,130
those we can expect to be cooperative.
462
00:30:01,740 --> 00:30:03,280
Why do you want me to be a witness at
all?
463
00:30:03,860 --> 00:30:07,500
Well, Helen, Lindsay Dole is a friend.
She asks you to pay a visit to William
464
00:30:07,500 --> 00:30:11,300
Hanks to threaten him. It has no
relevance to Bobby Donald's actions.
465
00:30:11,300 --> 00:30:12,860
not, but you'll allow me to be curious.
466
00:30:14,040 --> 00:30:17,840
I'm not going to be a prosecutorial
witness against Bobby Donald. I wouldn't
467
00:30:17,840 --> 00:30:19,660
call on you to do anything but tell the
truth.
468
00:30:21,100 --> 00:30:25,760
Yes. Well, experience, I'm sure, tells
you that even the most neutral witness
469
00:30:25,760 --> 00:30:28,120
finds a way to get in his or her bias.
470
00:30:29,140 --> 00:30:32,050
Meaning? The prosecution of Bobby Donald
is outrageous.
471
00:30:33,250 --> 00:30:34,770
You don't want me on the stand.
472
00:30:34,970 --> 00:30:35,970
Trust me.
473
00:30:37,650 --> 00:30:38,650
Thanks for the warning.
474
00:30:39,590 --> 00:30:43,650
When I do call you, I'll be sure to
declare you a hostile witness.
475
00:30:51,430 --> 00:30:55,230
The public defender representing Alan
Neal is Bernard Shanley.
476
00:30:55,510 --> 00:30:56,870
Two years out of law school.
477
00:30:57,290 --> 00:30:58,650
The DA must love him.
478
00:30:59,070 --> 00:31:00,450
He's young and experienced.
479
00:31:01,050 --> 00:31:04,370
He's got a decent reputation for a kid,
but he's a kid.
480
00:31:05,050 --> 00:31:06,430
Where can I find this kid?
481
00:31:06,650 --> 00:31:09,230
P .D.'s office. He's usually at
arraignments taking assignments.
482
00:31:09,910 --> 00:31:10,970
Could visit him there.
483
00:31:12,350 --> 00:31:13,450
That's what I think I'll do.
484
00:31:18,490 --> 00:31:21,130
Oh, you two came together, did you?
485
00:31:21,790 --> 00:31:23,310
We came up on the same elevator.
486
00:31:23,550 --> 00:31:24,550
Mm -hmm.
487
00:31:26,190 --> 00:31:28,630
Well, if we execute the documents, I'll
give you a check.
488
00:31:29,250 --> 00:31:34,010
Your other partners don't even... We can
go in the conference room.
489
00:31:48,610 --> 00:31:49,610
Again.
490
00:31:51,930 --> 00:31:52,930
Mr. Shannon?
491
00:31:53,550 --> 00:31:54,990
Eugene Young. How you doing?
492
00:31:55,470 --> 00:31:57,490
Fine. Good to meet you. Likewise.
493
00:31:57,970 --> 00:31:58,970
Could I steal a second?
494
00:32:01,270 --> 00:32:03,390
All I really want to do is talk to him.
495
00:32:04,290 --> 00:32:05,750
I just can't advise that.
496
00:32:06,150 --> 00:32:07,150
Can I ask why?
497
00:32:07,590 --> 00:32:10,890
Well, until he signs his proffer, I
don't want to do anything to screw up
498
00:32:10,890 --> 00:32:11,890
plea.
499
00:32:12,330 --> 00:32:13,650
Manslaughter. 20 years.
500
00:32:15,470 --> 00:32:18,590
Can I ask, why do you advise him to go
for that?
501
00:32:19,330 --> 00:32:21,810
Well, they have videotape of his going
in.
502
00:32:22,220 --> 00:32:23,220
Audio tape of the attack?
503
00:32:23,480 --> 00:32:28,940
I understand, but his going in proves
nothing, and the audio tape... Well, I
504
00:32:28,940 --> 00:32:30,100
haven't heard it yet. I have.
505
00:32:30,480 --> 00:32:32,280
You can actually hear the beginning of
the attack.
506
00:32:32,560 --> 00:32:36,140
Even so, can we be absolutely sure how
the attack began?
507
00:32:36,540 --> 00:32:37,820
Is it possible Mr.
508
00:32:38,040 --> 00:32:39,040
Hinks rushed him?
509
00:32:39,660 --> 00:32:42,800
Didn't sound like it. Didn't sound like
it? Is it possible?
510
00:32:43,560 --> 00:32:45,220
Are you cross -examining me?
511
00:32:45,420 --> 00:32:51,100
Well, I don't mean to, but if there is
that possibility... Let's face it,
512
00:32:51,100 --> 00:32:54,820
Bernard. William Hinks was a serial
killer. The idea that he might have
513
00:32:54,820 --> 00:32:56,600
kill Alan Neal is not beyond... That
didn't happen.
514
00:32:56,820 --> 00:33:01,380
Were you there? Look, what's your point?
My point is for you to jump at
515
00:33:01,380 --> 00:33:05,220
manslaughter without so much as
considering all these options was bad
516
00:33:05,320 --> 00:33:08,860
Bernard. And if there's any way you can
still wiggle out of the plea bargain...
517
00:33:08,860 --> 00:33:09,860
It's a good deal for my client.
518
00:33:10,020 --> 00:33:11,840
Bernard, you're young.
519
00:33:12,120 --> 00:33:15,860
The last thing you need to do is...
Please, don't patronize me. I'm not
520
00:33:15,860 --> 00:33:16,860
to patronize you. You are.
521
00:33:17,310 --> 00:33:21,050
And I don't appreciate it. You made a
mistake. If it's impossible to at all
522
00:33:21,050 --> 00:33:22,049
it, then... Why?
523
00:33:22,050 --> 00:33:23,090
To help Bobby Donald?
524
00:33:23,390 --> 00:33:24,450
He's the... To help yourself.
525
00:33:25,590 --> 00:33:28,970
It's one thing to be thought of as
inexperienced. It's quite another to be
526
00:33:28,970 --> 00:33:30,730
considered a prosecutorial bag man.
527
00:33:31,490 --> 00:33:32,490
Goodbye.
528
00:33:33,130 --> 00:33:34,990
Why do you think they asked for you,
Bernard?
529
00:33:37,630 --> 00:33:39,770
The district attorney singled you out.
530
00:33:43,370 --> 00:33:44,370
Why is that?
531
00:33:48,110 --> 00:33:52,110
Look, I'm not trying to beat you up
here, but you're a defense attorney.
532
00:33:52,110 --> 00:33:53,230
one of us, not them.
533
00:33:54,170 --> 00:33:55,690
I have to be on my client's side.
534
00:33:56,630 --> 00:34:00,650
Let me at least talk to him. I won't
screw up your profit. I just want to
535
00:34:01,070 --> 00:34:02,070
I can't allow that.
536
00:34:02,210 --> 00:34:03,210
I can't.
537
00:34:03,410 --> 00:34:04,450
Just tell me this, then.
538
00:34:05,570 --> 00:34:07,970
Is he going to say Bobby directed him to
kill Hanks?
539
00:34:09,070 --> 00:34:12,190
Or will he just say he got the idea that
that's what Bobby wanted?
540
00:34:13,150 --> 00:34:14,610
There's nothing equivocal about it.
541
00:34:15,690 --> 00:34:19,889
He will say Bobby Donald hired him to
kill William Hinks.
542
00:34:22,909 --> 00:34:25,810
Eugene, we're in.
543
00:34:35,790 --> 00:34:36,830
Be seated.
544
00:34:44,780 --> 00:34:49,199
The first issue, whether a defendant may
be charged with conspiracy to commit
545
00:34:49,199 --> 00:34:53,840
murder when the one actually committing
the murder is convicted of manslaughter.
546
00:34:54,100 --> 00:34:55,840
The answer is yes.
547
00:34:56,320 --> 00:35:01,600
Prosecutors must be given free reign to
plea bargain. This falls within their
548
00:35:01,600 --> 00:35:02,600
discretion.
549
00:35:03,200 --> 00:35:08,720
The defendant's motion to dismiss the
conspiracy count is therefore denied.
550
00:35:10,780 --> 00:35:13,780
Second issue, felony murder.
551
00:35:14,640 --> 00:35:17,660
As a matter of law, if Mr. Donald
directed Mr.
552
00:35:17,900 --> 00:35:22,320
Neal to break into the victim's house
with the specific intent of assaulting
553
00:35:22,320 --> 00:35:27,220
him, Mr. Donald becomes an accessory,
and both he and Mr. Neal are guilty of
554
00:35:27,220 --> 00:35:28,218
felony murder.
555
00:35:28,220 --> 00:35:29,740
Whether or not Mr.
556
00:35:29,980 --> 00:35:36,860
Donald actually did instruct Mr. Neal,
that is a question of fact, not law, and
557
00:35:36,860 --> 00:35:39,120
it is therefore a jury question.
558
00:35:40,710 --> 00:35:45,370
Accordingly, defendant's motion to
dismiss the felony murder count is also
559
00:35:45,370 --> 00:35:46,370
denied.
560
00:35:48,050 --> 00:35:49,290
We are adjourned.
561
00:35:55,810 --> 00:35:57,510
Okay, we go to work.
562
00:35:57,990 --> 00:35:59,330
We get ready to go to trial.
563
00:36:00,030 --> 00:36:03,530
Mr. Young, can we get together?
564
00:36:11,589 --> 00:36:12,589
What's going on?
565
00:36:12,630 --> 00:36:15,470
Lindsay. You have to stop it. You need
to calm down. They're going after my
566
00:36:15,470 --> 00:36:18,130
husband. Why are they doing this? You
need to calm down.
567
00:36:18,690 --> 00:36:22,470
Look, I've let them know I'm against it,
but there's nothing else I can do. It's
568
00:36:22,470 --> 00:36:23,470
out of my hands.
569
00:36:23,710 --> 00:36:25,310
I've never asked you for a favor.
570
00:36:26,090 --> 00:36:28,790
Lindsay, if I could stop it, I would.
Trust me.
571
00:36:29,790 --> 00:36:35,030
I think this prosecution is out of line,
but on the facts, there is a case.
572
00:36:39,070 --> 00:36:40,330
Why are they doing this?
573
00:37:02,250 --> 00:37:03,250
Okay, listen up.
574
00:37:04,270 --> 00:37:06,170
Nothing happened today that wasn't
expected.
575
00:37:07,330 --> 00:37:08,910
We figured it'd go this way.
576
00:37:10,370 --> 00:37:11,370
It did.
577
00:37:12,770 --> 00:37:13,810
Now we dig in.
578
00:37:15,050 --> 00:37:18,970
Eugene, I think, has already
demonstrated clearly that he can run
579
00:37:18,970 --> 00:37:21,230
we can be just as strong as ever.
580
00:37:22,270 --> 00:37:28,970
We cannot, cannot, cannot let ourselves
become demoralized.
581
00:37:30,330 --> 00:37:31,690
We have to stay.
582
00:37:32,200 --> 00:37:33,200
Together.
583
00:37:33,720 --> 00:37:35,420
And support Eugene's leadership.
584
00:37:36,000 --> 00:37:37,680
I'm afraid I can't do that.
585
00:37:41,060 --> 00:37:45,680
I find Eugene's leadership thus far to
be a little frightening.
586
00:37:46,340 --> 00:37:50,900
Aside from being autocratic, his
direction to me to look the other way
587
00:37:50,900 --> 00:37:53,680
rubber stamp a settlement I know was
illegal.
588
00:37:54,220 --> 00:37:56,460
Rebecca. Bobby, I want to say this.
589
00:37:57,320 --> 00:38:02,120
To all of you, and I know the timing
stinks given the situation you're in,
590
00:38:02,120 --> 00:38:03,120
apologize.
591
00:38:03,400 --> 00:38:08,400
But Eugene basically instructed me to go
along with extortion, and the reason he
592
00:38:08,400 --> 00:38:09,600
did so was fiscal.
593
00:38:10,360 --> 00:38:13,960
That contingency is something we could
use right now. It would be more
594
00:38:13,960 --> 00:38:18,140
expedient, let alone more profitable, to
turn a blind eye. Get off your high
595
00:38:18,140 --> 00:38:19,180
horse, would you, Rebecca?
596
00:38:19,540 --> 00:38:20,700
All right. No.
597
00:38:21,340 --> 00:38:24,780
We're up to our necks here. We don't
need her preaching. I'll say what I have
598
00:38:24,780 --> 00:38:25,780
say.
599
00:38:26,000 --> 00:38:30,640
You all sat quietly and let Eugene be
the leader because his decision -making
600
00:38:30,640 --> 00:38:35,160
was dirty work, and you were glad to let
him do it. That settlement was
601
00:38:35,160 --> 00:38:36,160
extortion.
602
00:38:37,540 --> 00:38:39,380
Eugene's okay with it? Fine.
603
00:38:40,120 --> 00:38:44,980
But if his face is the new face of this
firm, it's not the same firm I know.
604
00:38:48,740 --> 00:38:51,640
All right, come on. Let's not do this.
Not now.
605
00:38:53,540 --> 00:38:55,060
I'm a partner here, Jimmy.
606
00:38:55,580 --> 00:38:56,339
You're not.
607
00:38:56,340 --> 00:38:57,238
All right.
608
00:38:57,240 --> 00:38:58,260
Now that's enough.
609
00:38:59,220 --> 00:39:01,220
We have to stay together now.
610
00:39:13,780 --> 00:39:14,780
Now what?
611
00:39:14,980 --> 00:39:15,980
Nothing.
612
00:39:17,740 --> 00:39:18,740
What do we want?
613
00:39:19,360 --> 00:39:20,380
Let's go to your office.
614
00:39:20,960 --> 00:39:21,960
Lindsay?
615
00:39:39,280 --> 00:39:40,300
They've offered a plea.
616
00:39:41,360 --> 00:39:45,940
Aiding and abetting a felonious assault,
two and a half years, one suspended
617
00:39:45,940 --> 00:39:46,940
disbarment.
618
00:39:49,040 --> 00:39:50,040
Right.
619
00:39:50,980 --> 00:39:55,860
What I would like to do is chop that
down to one year.
620
00:39:56,980 --> 00:40:01,500
Eugene, cop to... Bobby, we may have a
chance at an outright acquittal, but...
621
00:40:01,500 --> 00:40:04,000
All they have is Neil's word. I
understand.
622
00:40:04,680 --> 00:40:07,760
And I can argue his motive to lie in
exchange for the plea bargain.
623
00:40:08,440 --> 00:40:09,660
The problem is that tape.
624
00:40:10,340 --> 00:40:13,160
What he said to Hinks, that precedes any
motive to lie.
625
00:40:13,580 --> 00:40:17,100
Also, it's already playing all over the
press about those two cops that got
626
00:40:17,100 --> 00:40:18,820
killed, how you got them killed.
627
00:40:19,160 --> 00:40:24,480
Even if I keep that out of evidence,
which I should be able to do, the odds
628
00:40:24,480 --> 00:40:31,360
the jury not knowing about it... If you
get convicted
629
00:40:31,360 --> 00:40:34,420
of felony murder, you get life.
630
00:40:35,549 --> 00:40:38,730
Obviously, I'm hoping that won't happen,
but the risk...
631
00:40:38,730 --> 00:40:45,310
The risk...
632
00:40:45,310 --> 00:40:51,570
If I could get it down to one year, the
disbarment might not have to be
633
00:40:51,570 --> 00:40:52,570
permanent.
634
00:40:53,570 --> 00:40:55,050
You really have to think about it.
635
00:41:10,060 --> 00:41:11,060
I don't believe this is happening.
636
00:41:11,660 --> 00:41:13,760
There's no way I'm bleeding guilty.
637
00:41:14,140 --> 00:41:15,540
Bobby, we're about to have a baby.
638
00:41:18,580 --> 00:41:20,140
I'm not getting life in prison.
639
00:41:21,060 --> 00:41:23,980
It could never, ever happen.
640
00:41:24,220 --> 00:41:26,540
I can't even think straight. It could
never happen.
641
00:41:27,040 --> 00:41:28,040
What if you do?
642
00:41:30,200 --> 00:41:36,180
What if... What about self -defense or
maybe defense of others?
643
00:41:36,440 --> 00:41:38,380
The threat has to be imminent.
644
00:41:48,520 --> 00:41:49,720
understand how this can be happening.
52831
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