Original subtitles

Previously on The Practice.

His name is William Hinks. He's a serial psycho head chopper which he

successfully got acquitted. Now he's obsessed or something with Lindsay.

I just want you to scare him.

I'll take care of it, Bobby. The man you killed was a bit of a security freak.

He also managed to activate his phone machine which partially recorded an

exchange between you two. What exactly do they have on tape?

Me telling Hinks that you sent me. I never sent you to kill him. Look, we're

deep here. Bobby Donald.

What's going on? You're under arrest for the murder of William Hicks. The reason

for this assemblage, I do not want this one slipping away.

Robert Donald is an enemy to this department.

They're giving me a manslaughter. In exchange for his testimony against me.

bringing a motion to kick a couple of counts. The most serious being felony

murder. Whether or not Mr. Donald actually did instruct Mr.

Neal, that is a jury question.

The defendant's motion to dismiss the felony murder count is therefore denied.

They've offered a plea, aiding and abetting a felonious assault, two and a

years, one suspended, disbarment. Right. If you get convicted of felony murder,

you get life.

There's no way I'm pleading guilty.

I didn't know I was here.

You always used to come here.

Me too, for that matter.

I remember. What was it?

Ten, eleven years ago.

You and I sat in this very room dreaming of the day we'd argue before the

Supreme Court.

Listen, we talked about introducing character evidence.

I don't think that's a good idea.

It'll open the door on the drug bust where those police officers got killed.

I'm not missing anything, am I?

It's my word against Niels. He's a felon.

What's his word?

We've got to be able to make reasonable doubt. All they have is a convicted

felon with a huge motive to lie. The audio tape that precedes his motive.

Can we win, Eugene?

An outright acquittal?

I don't know.

Felony murder count?

All they have to prove is that you sent him there to break in, Bobby.

That's what scares me.

Their offer is still on the table.

No.

Thing about Toomey, he stays very neutral.

He doesn't get emotional.

Don't try pushing any of his buttons. He hasn't got any.

Don't figure him to object too much either.

If he doesn't need to preserve something for appeal, he stays quiet.

And juries tend to like him because he seems objective.

Great.

We better get going.

Good luck.

Bag's packed.

Packed and ready.

Um, Eugene, I'm on call from my rape crisis center today. Is that going to be

okay?

I thought you were just in training. I thought you were volunteering nights.

I finished training this weekend, and I am volunteering nights.

This is a one -time thing. A counselor got sick.

Lucy, we need you on call here. It's this one day only.

I probably won't even get called.

Come on, it's 8 .30.

Let's go. Bobby.

I want to be there, you know?

So do I.

We can't have an army.

If we sit in the gallery... Somebody's got to earn money.

I appreciate the support.

Let's go.

There's press on the sixth floor. We just walked through it. I'll give you

advice you give all your clients. Look humble, but look like a winner.

Thanks a lot, Mike.

Bobby, we're friends.

Bobby, don't.

You were first approached by the defendant's wife?

Yes, she came to us saying she was being stalked by Mr. Hinks. And what did you

do? We arrested him. And those charges were dismissed?

That's correct.

Detective, how many times did you detain or arrest William Hinks at the request

of the defendant or the defendant's wife?

I believe it was three times.

And for the record, Detective, Bobby Donnell and Lindsay Dole are friends of

yours, isn't that correct?

We've always been on friendly terms, yes.

I imagine it's not easy for you, sitting here today, accusing your friend of

murder. Objection.

Sustained. Could you describe your last conversation with the defendant

regarding William Hinks?

He was very upset.

He and Lindsay came to us saying Mr. Hinks was the driver of the cab she was

Both she and Bobby were agitated and in fear.

Bobby said something like, get this guy.

What was your response?

I didn't know how to respond, to be honest. I was a little thrown.

Why is that?

The tenor wasn't arrest him. It was get him.

And by get him, what did you understand him to mean?

I really wasn't sure. I just didn't read it as arrest him.

Thank you, detective.

Well, what did you read it as?

I wasn't sure.

Are you in the business of roughing people up, Detective?

No. Killing them?

No. Arresting them?

I arrest people, yes.

Yes. Well, couldn't Mr. Donald possibly have been saying, do what you do?

I don't know, Eugene.

Well, prior to this conversation, had Mr. Donald ever asked you to do anything

illegal, Detective?

No. So it is possible, sir, that when he said, get this guy, he meant arrest

him. As I said, I couldn't tell.

You couldn't tell, so it's possible.

I suppose.

And you described Mr. Donald as being agitated when he said this. Is that

correct? Yes.

Well, his wife had just been threatened again by a serial killer. He responded

by coming to the police and saying, get this guy.

Yes.

I don't even know why they called him. They called him to bolster Neil.

McGuire just made him a little more believable.

Made the jury a little more predisposed to believe him.

And he's next, right?

He's next.

Aren't you going to get that?

That's my rape center pager.

Well, it seems you have a call, Lucy.

Lucy Hatcher? From the Rape Crisis Center. I'm Caroline.

Treatment room three.

Name's Maddie Werner, 22 years old.

Did the police bring her in? I think so.

There's trauma to the face and neck, defensive wounds on the hands.

We haven't done the pelvic yet.

She's in there.

I'll be in with the doc in a few for the full exam.

Hi, Maddie.

My name's Lucy Hatcher. I'm a counselor from the Rape Crisis Center.

I'm here to help you through this.

Is there anybody that you'd like me to call?

A friend or a family member?

So when he gets here, the doctor's going to do two things.

First, he's going to make sure that you're okay.

Medically. Okay, and then to help the police catch this guy, he'll do some

evidence collection.

You don't have to do the rape kit if you don't want to.

But it'll really help if you ever want to prosecute.

Can I get you anything?

A blanket.

No!

I've been a client for about ten years or so.

Though not lately, because, you know, I've been law -abiding.

When did Mr. Donald last offend you, Mr. Neal?

About eight years ago.

The charges were?

Double homicide.

You were acquitted?

Yes, I was.

Could you describe for the court your relationship with Mr. Donald?

Mainly lawyer -client.

But I was very indebted to him.

You know, when you allegedly kill people and get charged for it, the man who

gives you back your freedom...

Well, I felt I owed him my life, basically.

Now, turning your attention to the day of December 5th, did you meet with Mr.

Donald? Yes.

I got a call from his assistant saying there was a big emergency and he needed

to see me.

You went to his office?

I did. Could you tell the court what happened there?

Well, he was upset.

Told me he got married and he had a problem. I figured he just wanted me to

his wife.

But that wasn't it.

He said this psycho was threatening her and that he could harm her.

He wanted me to take care of him.

And by take care of him, what did you interpret that to mean?

Kill him.

Kill him?

Yes.

Did you and Mr. Donald discuss a price?

$50 ,000. Did he pay you this money?

No. I figured he was good for it.

Did he indicate when he wanted you to kill Mr. Hinks?

Immediately.

And he gave me the guy's address.

So what happened next, Mr. Neal?

Well, I went to this Hinks guy's house. I broke in and I waited.

When Hanks got there, I... I cut his head off and I put it in the freezer.

I'd like to play for you an audio tape that was recorded from within William

Hanks' house.

Bobby Dowell's a friend of mine.

That's your voice, Mr. Neal?

Yes.

It's me and that Hanks right before I killed him.

I didn't know I was being taped, of course.

That was unfortunate.

Of course.

We got kind of an arrangement going. I kill people, he gets me off.

Over the years, I'm in his debt pretty good, so when he calls in a favor... I

have a silent alarm.

The police are on their way as I speak.

Then I better not waste time.

Before you touch me, you should know.

I have cooties.

Oh, you're a funny boy.

Please.

Does this tape represent an accurate account of the events as they happened

night?

Pretty much.

Takes some getting used to.

You should have told me it was your first.

The doctor's almost ready for the exam. You coming back in?

Um... Look, tell me if I need to call the crisis center, get another counselor

down here.

I'm okay.

I don't mean to be brutal, but you're not going to do her any good if you run

out of the room again.

I'm fine.

How old are you?

Let's go.

You made a deal with the prosecution in exchange for your testimony, didn't you,

Mr. Neal?

We covered that.

Yes, it bears repeating because in all my years as a criminal defense attorney,

I've never seen a case where a man goes to a house, breaks in, lies in wait,

decapitates his victim, then gets off with manslaughter.

Objection. Sustained. They had you on videotape entering Mr. Hinks' house, is

that correct?

It is. And we heard the audio tape of you killing him?

Yes. So, basically, they had you.

You were looking at murder. Life with no parole, weren't you, Mr. Neal? I know

what you're thinking. I'm fingering Bobby to help myself.

Why would I think that? Look, I'm telling the truth here.

How many times have you been convicted of murder, sir?

Convicted once.

Armed robbery?

I'm not sure. According to your record, twice. Assault?

Look, I didn't bring my resume.

Three times possession of drugs. I'm telling the truth. What happened that

Rape. I still maintain my innocence on that.

Perjury. Once.

Murder, rape, armed robbery, assault, and perjury. Have we left out anything,

Mr. Neal?

This deal you made to get manslaughter, instead of spending every day for the

rest of your life in prison, you're going to get out again, aren't you?

Look, I asked you a question, sir.

Under this deal, just by coming to court and accusing Bobby Donald, you get out

again. True or false?

True.

Thank you, Mr. Neal.

Nothing further.

Maddie? I need to do the pelvic exam now to see if you have any injuries, okay?

I don't know.

It's really important that we make sure you're okay.

Try to relax your muscles. This won't be too uncomfortable.

Do you want to hold my hand?

I'm just going to put my hand on your knees.

Wait, wait.

I'm sorry.

Maybe we could get a different doctor.

I mean, can we still get a female doctor?

No.

I can do it.

I can do it.

Okay.

Don't see any signs of tearing.

This is good.

If you want, I could... Just need to take a couple of swabs and we're done.

Get the... some cream.

Lucy, go to the nurse's station and what you want to ask them for is sulfa

cream.

The sulfa cream.

Would you get that for me?

All right.

Carolina's going to finish the rape kit, comb for pubic hairs, and take

scrapings from under your fingernails.

Okay, we have a decision to make whether or not you testify.

What are you talking about? How do I not testify?

Well, I'm the only one to refute Neal's story.

Bobby, if you get up there, you'll be saying that you sent Alan Neal to scare

him. And under the felony murder rule, that may be all the prosecution needs.

If we rest now, we could just argue reasonable doubt.

All the prosecution has to show you sent him there at all is the word of a

convicted felon looking to avoid a life sentence.

The jury will assume Bobby sent him there. An assumption isn't proof.

But if you say you sent him... That is proof.

Look, the question is, where do you stand now?

Was Neil convincing?

He wasn't terrible.

Look, if Bobby doesn't testify, how do we explain Neil going to Hinks' house?

What I'm saying... We may be handy in their case.

If Bobby says he sent him, we remove reasonable doubt on that issue. It could

case over.

And what I'm saying is, we've already lost on that issue.

Everybody in that courtroom knows Bobby sent him. They don't know it, Lindsay.

Come on, Eugene. If Bobby doesn't deny that he sent him there to kill Hanks,

which is what Neil just testified to... Plus, I never said break and enter.

Let's not forget that.

He has to testify.

He has to.

Can I say something?

It seems under the felony murder rule, you lose.

The only way to win is basically the jury has to want to let you go.

For that to happen, you have to take the stand and say you never sent the guy

there to kill him.

I agree.

So do I.

Okay.

I'm testifying.

Hudson Ford, Working Girl, tonight at 8 on FX.

Bobby Donald is scheduled to take the stand any second. He is likely to be the

only defense witness, which means this could go to jury as early as tomorrow.

In other news, Governor Salucci with... Talk about rushed judgment.

Lucy, how did your thing go at the clinic yesterday?

Fine.

Did you have a client?

I'm not allowed to talk about that.

Not even whether you had a client?

No.

Lindsay had become increasingly scared.

First, when he started showing up at the office.

William Hinks? Yes.

He showed up saying things like he wanted to appeal his acquittal for the

purpose of continuing his relationship with Lindsay.

Then he showed up asking if there was a good place to walk a dog.

All his victims, he met them walking a dog.

Did you respond to that?

We called the police and the district attorney. We got a restraining order to

keep him 1 ,000 feet away.

Well, did that work?

No. He showed up where she gets coffee, saying he didn't know she'd be there.

Then she hailed a cab. He was in the cab driving. He was stalking her.

Did you tell this to the police?

They said they couldn't prove it, and there was nothing they could do.

What happened next?

Next, he murdered his therapist.

Objection. There's no evidence. His therapist was murdered, who was also a

friend of Lindsay's.

Then he showed up at the hospital again to taunt Lindsay. Again, the police

claimed they couldn't prove it, so they let him go. He's out there killing

people. He's obsessed with my wife.

What did you do?

I called Alan Neal.

Why?

Because I needed somebody who was capable of scaring Hanks.

Hanks knew the police were bound by rules and laws which he could

I wanted somebody who didn't know those bounds.

Somebody who could genuinely scare Hanks.

That's why I called Alan Neal.

And you met with Mr. Neal?

I did.

What did you say?

I asked him to put the fear of God in him.

Did you ask him to kill him?

No. In fact, I explicitly told him not to. Well, did you ask him to physically

hurt him? Never.

I only asked him to scare him, and that's all he said he would do.

Well, what happened then?

I gave him Hink's address, and he said he would take care of it. Is it possible

Mr. Neal thought you wanted him to kill William Hink? No, because he asked me

that, and I said, I'm not hiring you to kill him. Just scare him.

Isn't that a little risky, Mr. Donald, sending one of your clients out to scare

a serial killer?

We had been to the police.

We had been to the district attorney.

I had a wife seven months pregnant. I didn't know what else.

I got a psycho.

Obsessed with my wife.

A man who chops off heads. A man who probably just murdered his own doctor.

Who is now turning all his attention to Lindsay.

Was it risky to send a man to confront him? Yes.

But I was not going to do nothing.

That's my wife over there.

Carrying my child.

I was not going through nothing.

But I never, ever asked him to kill anybody.

Something obviously didn't go well yesterday at the clinic.

Can't discuss cases, Rebecca.

Rape counselor privilege.

I was talking about you.

How did it go for you?

I'm quitting.

Why?

I'm just not cut out for it. Oh, and you know this after your very first day.

I gave the victim a blanket.

And was that wrong?

The first thing they teach you, never approach a victim without getting

permission first.

And I went at her with an open blanket.

She panicked.

She totally panicked.

Well, you won't do that next time. There's not going to be a next time.

There are going to be more victims.

When I saw what happened to her, I freaked.

Lucy, the woman was raped. So you got emotional.

I would wonder about you if you didn't. I ran out of the room.

And then I threw up in the hall.

Did you go back in?

Yeah.

And? I just wanted to run out again.

I mean, the only reason I didn't was because the victim grabbed my hand

could. Lucy, this was your very first call. I think you can allow yourself.

just not cut out for it, Rebecca.

I bet you are.

I really don't have any questions.

As I understand your testimony, you were afraid of this Mr. Hinks.

You called in a client you once got acquitted for a double homicide.

After your meeting, Mr.

Neal went to visit Mr.

Hinks, and Mr.

Hinks ended up with his head in a freezer.

I never sent Alan Neal to kill him. He just got that idea all by himself?

I don't know.

He either did or maybe there was a scuffle. I don't know. I do know I never

him there to kill him. So all you did was send a gnome killer with

to be sure not to kill this time?

Yes.

When you were first called to the scene of William Hanks' house a month ago and

you saw his headless body, did you know who had killed him?

Yes. Did you tell your friend, Detective McGuire?

No. Why not?

There was certainly no privilege here.

Why didn't you tell the police who had killed William Hinks?

I was in shock. I wasn't thinking well. So you were content to let this killer

stay at large, this killer who murders people without being asked.

Objection! Wasn't your real fear incriminating yourself?

Mr. Donald, when you declined to tell the police who had killed William Hinks,

was it because you didn't want to incriminate yourself?

Partly, maybe.

Prior to the discovery of William Hinks' decapitated body, had you told anybody

you'd sent Mr. Neal to visit him?

No. None of your colleagues?

No. Not even your wife?

No. Mr. Donald, your wife is terrified.

She's being stalked by this serial killer. You didn't think to tell her

sent somebody to threaten him? You didn't try to give her some peace of

Mr. Donald?

She was on the verge of miscarrying.

I didn't want her any further involved.

That's exactly the case, isn't it? You didn't want her any further involved.

You were afraid that by telling her the truth about what you'd sent Alan Neal to

do, you might incriminate her too. Isn't that right?

I only sent him there to threaten him.

Yes.

His ending up dead.

Just a big mix -up.

What happened?

It went okay.

Bobby did pretty good on direct.

He was crossed all right, but he held up. It did not go okay, Eugene.

It was... They just put in their case uncontested while you just sat on your

hands and... Both of you.

If nothing else, you should have at least objected to... There was nothing

You do it to break up their momentum, Eleanor.

You don't just sit around and wait for something objectionable before...

It was like you both went to sleep.

I don't want to be having this baby alone.

I want him in the room with me, Eugene.

I thought they were terrible.

There was nothing they could do, Lindsay.

Toomey had an easy cross because he had the facts.

The truth hurts me.

Let's face it, the line between my innocence and guilt here is a thin one.

I would have so loved to have extended that look of pain in their faces.

That look of horror.

It's a thing of beauty.

The look on the face of a woman who knows she's about to die.

You think you'll kill again?

Oh, yes.

I'll get out of this.

You just watch.

And I'll know the joy of that look again.

That's what we were dealing with.

A psychotic man who cut the heads off women, who pulled out their fingernails

and kept them as souvenirs, and the police couldn't stop him.

Even after they caught him, he was smart enough to convince his therapist that

he was a sick serial killer wannabe.

She testified to that at his trial.

The jury bought it. He got off.

Then he killed his therapist.

And then he turned his attention to his lawyer.

Lindsay Dole. Still, the police couldn't stop her.

He'd show up at her office where she buys coffee.

He picked her up in a cab. He gave her a dog. Then he strangled the dog. They

got a restraining order, but it didn't stop him. See, he wasn't threatened by

the courts. He could fool a jury. He wasn't scared of the police. Why should

be?

He killed ten women.

Everybody knew it.

And he was still out there.

I'll tell you who was scared.

Bobby Donald.

See, Lindsay Dole, that's his wife.

Pregnant. Seven months.

Their first child.

You don't think this man was terrified?

Would you be?

A man who cuts off heads is after your spouse.

The police shake their heads. Nothing we can do. How would you react?

How he reacted?

He called an old client.

Yes. A goon to put the fear of God in this Hinks, because that's all he could

think of. Try to scare the guy. And that's all Bobby Donald did. Ladies and

gentlemen, that's all he did.

He never said go kill him.

That was a flat out lie told by a murderer with a rap sheet longer than

Callahan tunnel. A murderer caught a murderer trying to avoid a life

Alan Neal flipped Bobby Donald in exchange for manslaughter and a shot at

parole. The chief.

This prosecutorial witness is a murderer, a rapist with a motive to lie,

it's on his word alone that the district attorney is asking you to believe Bobby

Donald ordered a hit.

Alan Neal's word doesn't satisfy reasonable doubt, and I think you know

Mr. Donald was scared.

I don't dispute that.

Who wouldn't be?

It's a man on that videotape after somebody you love.

But being scared doesn't give you the right to become a vigilante.

It doesn't justify breaking the law, and it doesn't excuse murder.

Not for me, not for you, and especially not for Mr. Donald.

This is an experienced criminal defense lawyer. He knows the law.

He uses the law when it suits him to make money defending people like William

Hinks. But the minute Mr.

Donald's family is at risk, the minute Mr. Donald is scared, forget the law.

He goes out and hires a killer.

That is not just hypocrisy, ladies and gentlemen. That is the most knowing and

intentional criminal act you can imagine.

Mr. Young says Alan Neal had a motive to lie to spare himself a life sentence.

That might be true after he was caught.

But Alan Neal gave the same story to William Hinks before he was caught,

there was any such motive. You heard the tape.

The clear inference was he was sent by Mr. Donald to kill Hinks. There was

nothing self -serving about that statement at the time it was made.

Of course Mr.

Donald sent Mr. Neal to kill Hinks.

Why else would Alan Neal have done so?

For extra credit?

Do we really think, oops, he must have misunderstood.

A price of $50 ,000 was set.

Bobby Donald was in that frame of mind when he asked Detective McGuire to get

this guy.

He was in that same state of mind when he dispatched Alan Neal. And think about

this.

If Mr. Donnell is the innocent man he claims to be, why, when the police found

Hinks dead, did he not tell them who did it?

Why didn't he tell his own wife?

Because he knew he was guilty.

And even if, for some reason, perhaps out of sympathy, you are to believe, Mr.

Donnell, that he only sent Alan Neal to scare Hinks, under the felony murder

rule, you still must convict.

If you send a person to break into somebody's home and a murder results,

intended or not, the felony murder rule applies.

The reason for this rule is to deter suspects from doing something so

dangerous that it could foreseeably lead to violence, perhaps murder. Here, Mr.

Donald sent a killer to break into the home of a psycho.

Think about that.

It is no different than if he lit the fuse of a bomb and threw it at Hinks.

way or another, Hinks was going to die.

And that's exactly what Mr.

Donald wanted.

The judge is giving instructions.

The jury will have it within the hour.

Are you Lucy?

Yeah.

I didn't get that clear look at you before.

I know I'm supposed to wait to see you at the clinic, but I... Without

your help.

Thank you.

Sure.

I'm going to see you at the clinic, right?

I'll be there.

Eugene? No.

We're all lawyers here.

The offer's on the table.

Aiding and abetting a felonious assault, two and a half years.

Give us a second.

I think we should take it.

And I can take it, Bobby.

No.

I just can't.

I don't know, Bobby.

I feel good on murder one and conspiracy.

But on felony murder, I... I just don't know.

Look, we need another minute.

Well, we haven't got it. The jury's back. They have a verdict.

So either you take the deal now,

Or we go in there.

We go in there.

Mr. Donald, will you please rise?

Mr. Foreman, have you rendered a unanimous verdict?

We have, Your Honor. What say you?

Commonwealth v.

Robert Donald.

On the count of murder in the first degree, we find the defendant, Robert

Donald, not guilty.

On the count of conspiracy to commit murder, We find the defendant, Robert

Donald, not guilty.

On the count of felony murder, we find the defendant, Robert Donald,

not guilty.

The jury is dismissed with the thanks of the court.

We're adjourned.

Get me out of here. Come on.

That went well.

I knew he'd win. I just had this feeling. Did they say, are they coming

here? Yeah.

Oh, my gosh.

Well, I guess this means we're back in business, huh?

Which means you can go about distributing that mail if that's not too

trouble. Sorry.

Oh, yeah. You can have that.

What's this?

Some cheapo recorder.

Probably from a cheapo client.

There wasn't a card or anything.

It's a cassette.

Really?

Hello,

Lindsay.

If you're getting this, it's at the instructions of my probate attorney.

Which means I must be dead That's unfortunate I usually like to have the

last laugh This is my little insurance policy on that

See you soon Get out What? Go!