Original subtitles

Previously on The Practice. I have a good portion of the money.

You're two weeks late now.

I'm going to borrow some money from my retirement account.

My proposal is this. You provide some legal services and your debt goes away.

The guy's my bookie. What do you owe?

27 ,000.

His ex -wife is suing him for fraud.

He won a lottery. She's claiming he didn't tell her.

I get 70 and you get 30.

You believe this? They think I whacked her. Did you?

Check my alibi. You want peace of mind. Did you have it done?

All right, just get me out.

Your wife's estate can still make a claim.

You want me to follow up on that? No.

Think I might engage a new counsel just the same.

So I guess we're done then.

You still owe me the 27, Jimmy.

Didn't exactly work that off.

What do you say you walk out the door?

Forget my dad.

And I'll forget how you threatened to kill your wife.

Truth is, I got more on you than you got on me.

I'm asking you to get out of this office now.

I need that money.

I'll give you a week.

I can't even believe they're letting him out. He's managed to convince the

Shrinks he's no longer a danger.

If there even still is.

We were wondering if we could somehow

Force him to tell us where the remains are. I really don't see how.

If he were to tell us where the body is, he'd effectively be admitting to the

murder. We're told you have a relationship with the DA's office.

Could you... We were thinking, if you could get them to consider filing

against Pierce for the kidnapping, that would give you some leverage, wouldn't

it? Maybe we could make some deal.

I know you've been to the DA's office, and I know what they've told you.

Because we're just two anonymous people walking in off the street. They know

you. If you ask... Mr. Baldwin, first of all, this kidnapping happened 18 years

ago.

If they couldn't build a case then, there's no way.

I think you have to let it go now.

We can't let it go.

We need to bury our son.

Wrongful death for a murder that took place 18 years ago? It's a long shot.

What's the end game?

Even if you do win, does he have any assets?

It's not about money. Then what's it about?

The parents want to bury their son.

They want closure. If I can create the threat of a lawsuit, maybe we can get

this guy to reveal where the remains are.

Forgive me, I don't mean to be insensitive, but suppose you do succeed.

What's our contingency?

Lindsay, try to get the police records.

Find out whatever the DA's office has or had.

Eleanor, research the statute of limitations issue. That'll definitely be

challenged. Rebecca, you and Jimmy get started on the complaint.

Where is Jimmy?

Thanks.

Jimmy. How long has it been?

Aunt Marie's funeral.

Too long.

You put on weight.

Yeah.

And you're like this big fat cat yourself now.

Parking lot king.

Yeah, king.

I barely got a one and a quarter percent profit margin going here.

What's up, Jim?

Well... We're family.

I've gotten myself into a little bit of a financial jam.

Normal circumstances, I would never hit you up for a loan. Normal circumstances?

I'd give it to you.

Problem is, Jimmy, I just had to write a sizable check myself, so it's going to

depend on how big your little bit of a jam is.

I'm feeling sick to my stomach just asking.

You owe your book.

I keep tabs.

You're family.

Plus, I like the ponies myself.

How much?

It's more football than... How much?

Twenty -seven grand.

I wish I could help you, but the timing's just not good.

Hey, listen.

Listen.

I got a tip on a horse running at Suffolk day after tomorrow.

He's a sure winner. I bet on too many sure winners, Dom.

How I gotten this, man?

Well, like I said, I wish I could help.

I'm going to serve him with the complaint myself.

Now listen, you'll have to sign a confidentiality agreement.

Why? Because there's no way he's going to tell us where the body is if he

you'll go running to the police.

This isn't about that. I understand, but he'll obviously need to be convinced.

We will give him whatever he wants.

Just tell us where Chad is.

You'll agree not to pursue him civilly or criminally. We understand.

May I go with you?

To the prison?

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

A mother's plea.

This is not about a plea, Mrs. Baldwin.

This is a threat.

Better it come from a lawyer.

Are you serious?

I'm just asking you to check it out. Lindsay, a kidnapping that happened 18

years ago, I can promise you it's inactive.

I'd just like you to review the file if you could. Assuming I can even find it.

And tell me what you have.

Please. I just want to make sure you've truly considered the ramifications of

closing out your IRA.

I have.

Realizing that you'll be liable for taxes on the entire amount.

Realizing that.

Also realizing you'll pay a fairly onerous penalty for early withdrawal.

Also realizing.

Approximately $8 ,200.

$8 ,200?

My retirement fund is $8 ,200?

You're 23 years shy of retirement age. With your maximum annual contribution,

you let the current amount intact... Just give me the money.

Look, I had nothing to do with that Baldwin kid going missing. It wasn't me.

You'll need a lawyer.

If the trial starts before your release, you'll be transported to and from

court. They never even arrested me. You know why? Because I didn't do it.

Like you never molested those three little boys who put you in here?

You married?

Is that a threat, Mr. Pierce?

No, it's not a threat. Look, she's got to be here for this. Yes, she does.

I need a witness.

I ask if you're married.

I see the ring on your finger. You probably got a nice wife.

You feel like getting it off?

She's who you probably think of. You got fantasies about other women?

That's cool. Everybody understands.

Am I right?

What are you talking about? I'm explaining something.

Nobody on the planet can help who they're attracted to. For me...

It was always little boys.

I fooled myself into thinking it was okay. It didn't hurt anybody. Not

I did some bad things.

I admit it.

And I gotta live with that.

So do all the boys you hurt.

Yeah. And I gotta live with that, too.

But I had nothing to do with your client's kid, and they got no right to

I could probably get them to drop the suit.

They just want to know where their son is.

I don't know what happened to that kid.

Have your attorney call me.

He denied it?

Yes. Did he deny molesting those other boys?

No.

But he said he didn't kidnap your son.

So what happens now?

He retained a lawyer.

A good one.

She filed an immediate motion for summary judgment.

We go and argue that next, if we can get by that.

We can at least have some leverage to make him talk.

So I'll meet you at the courthouse at 10 o 'clock. Okay.

Thank you.

Good night.

Hey, Jimmy.

Hi.

Everything squared away with your bookie?

At least I heard cops haven't arrested him yet.

I'm not really following it since he fired me and all.

I'm talking about the money you owe him.

Oh, that.

Yeah.

We're in the past tense on that.

Definitely.

Good.

Death would be presumed after seven years, Your Honor, which means the

of limitations for wrongful death has long since run. Unless there's fraud

prevented the Baldwins from finding out that he caused the wrongful death.

There wasn't any fraud.

John Pierce disappeared days after kidnapping.

Allegedly kidnapping. He also assumed a false name and identity, Alexander Riot.

That's fraud?

Mr. Pierce wanted a fresh start, to get out from under the cloud of unfounded,

unjust suspicion.

He was convicted of sex crimes under this alias in another state. It took the

Baldwin's investigator to figure out that Pierce and Riot were one and the

Why didn't your clients at least file their lawsuit within the prescribed

to preserve their claim?

It would have been pointless since they couldn't locate the defendant.

You don't need to know where a defendant is in order to file a lawsuit. You do

in order to serve him. He was found. Three years later, they could have

him in prison.

All right.

I'm going to let the claim survive the statute of limitations challenge.

But as to whether there's a case here at all...

There wasn't even enough evidence for the police to make an arrest. Different

standard of proof in criminal cases. This is civil. Oh, who's kidding who? If

the police thought he had kidnapped Chad Baldwin... The police did and do think

that. They're just unable to prove it. And you think you can?

I would like at least to be allowed to conduct discovery.

I'm going to grant you a short evidentiary hearing.

If you can make a showing that you have anything worth submitting to a jury,

I'll let it stand.

Otherwise, I'm granting the defendant's motion.

We'll see you back here tomorrow, 10 a .m.

Tomorrow?

If you're not ready to make a showing, counsel, after 18 years, that certainly

gives me pause.

We'll be here.

Put the defendant back into custody.

We just want to give him a funeral.

I will forgive you. Jenny. If you just... Honey. Honey,

Jenny. Please. Don't. Come on. Please.

I'm sorry. It's all right.

Okay. It's time to put up or shut up.

Do we have the transcripts from the previous trials?

Lucy ordered them. Okay, Jenny, you testify first.

Okay. You might be attacked on memory the fact that it happened 18 years ago.

I've been playing it back for 18 years, Mr. Donald. I remember it as if it was

yesterday.

Good.

Hi, Jimmy. How you doing?

I asked you not to come back here.

Take a walk with me.

Let's go.

Is this all of it?

I just gave you 14 .8.

Which I appreciate, but you owe me 33.

27. 33 with the juice.

8 .25%. This is every penny I can get my hands on.

Morris, what a surprise. You know Jimmy Berluti?

Look, Jimmy, I know what you're thinking. Morris is a big guy. I brought

here to rough you up, just like in the movies, right?

Kind of cliche, if you ask me.

But I'll tell you, whatever words people might use to describe me.

Original isn't one of them.

36 hours.

I'll have the rest.

You got till tomorrow.

We just caught a break. What? That was a guy named Bud Reynolds. He's a resident

at State Prison.

He claims John Pierce told him he kidnapped the Baldwin boy.

Rebecca, let's go.

John Pierce confessed to you he kidnapped, abused, and killed Chad Bull.

Yeah. After 18 years of denying it, he suddenly tells a stranger he did it. We

weren't strangers.

We were friends.

Which explains why you're ratting on him.

Hey, you don't gotta believe me. It's nothing to me.

Why? Why what? Why so public -spirited? What's in it for you? That warm glow you

get right here.

When you squash a maggot.

I said we were friends.

We're not now.

When did this conversation take place?

Six, eight months ago.

Why didn't you report it?

Tell you the truth.

I kept hoping somebody would stick a shank in his throat, but nobody ever

And he's getting out soon.

How exactly did this conversation come about?

I don't remember.

Just came up.

Jailhouse informants lie all the time. But to the police, to cut a deal here,

what would be his motive?

Maybe just to get a day in court, break up the week.

Did he seem believable?

I couldn't really tell.

He's not asking for anything, which makes me suspect he's probably telling

truth.

So he is dead.

My son.

Pardon me, thought.

He was really still alive somewhere.

Hoped, I guess.

Geez,

Jimmy. I told you the time and... Can you help me with anything?

A couple of thousand.

It's killing me.

But I can't.

You okay?

You don't look good.

Tell me about this horse.

We were at the park.

We used to go every morning. It was Chad's favorite thing to do.

What would your son do there?

He loved constructing things in the sandbox, I guess like any four -year

This day he was playing with his Legos. And what were you doing?

I was watching him, as well as my daughter Susan, who was on the swings.

And what happened?

Susan fell off a swing and hurt herself, and she was crying. I ran over to see

about her, maybe 30 or 40 seconds.

And when I looked back, Chad was gone.

While your son was playing, did you see anybody else in the area?

I saw that man.

John Pierce?

Yes. He was at a water fountain about 20 feet away from where Chad was playing.

What was he doing?

Just standing there watching the children.

Did that make you nervous?

I really didn't think about it.

I had seen him before, and he always seemed a little weird, but none of the

mothers knew he was a child molester.

Objection. I'll ignore it.

After you noticed that your son was gone, did you see Mr. Pierce?

No, he was gone too.

It all happened in seconds.

Mrs. Baldwin, did you see anyone else nearby who could have disappeared with

Chad in a matter of seconds?

No. Thank you.

Mr. Pierce actually worked at the park, didn't he?

Evidently. You said he seemed weird.

Had you ever complained about him to anyone?

No. To your knowledge, did any of the mothers ever complain about Mr. Pierce's

behavior toward their children?

Not to my knowledge.

Did you ever see him behave in a scary or inappropriate manner around the

children?

He stared at them sometimes.

You never did see him abduct your son, did you? I didn't see it. So it could

have been somebody else.

Nobody else was near Chad. How do you know?

If Mr. Pierce could disappear into the trees, someone else could have been

hiding in there, couldn't they? It was him.

It helps to have somebody to blame, doesn't it, Mrs. Baldwin?

To give the monster a face.

Even if it's the wrong face.

Objection. Withdrawn.

That's all I have.

Are you authorized to make withdrawals from this account?

I'm a lawyer with the firm.

James Berluti.

I should be on record here.

The manager knows me.

Mr. Berluti, I'll just have to get this approved.

$15 ,000?

Yes. Okay. It'll just take a second.

We found three Legos in his apartment.

Did John Pierce tell you how they got there?

Yes, he said he had them when his nephews came over.

Three Legos? Yes. Three lone Legos? That's correct.

Did you determine how often his nephews, in fact, came over?

We determined he had no nephews.

Were you ever able to determine that the Legos you found in Mr. Pierce's

apartment belonged to Chad Baldwin?

No, we were not.

Any evidence?

of Chad Baldwin ever being present in my client's apartment?

No. Any physical, testimonial, or forensic evidence to suggest that Chad

ever came in contact with John Pierce?

Only the testimony of the mother, who said she saw him close to her son.

I wish I could be more optimistic.

What about the informant?

He's going up next, but his credibility...

The only other thing I can think of is to call Pierce.

If he doesn't take the fifth, maybe if I go at him hard enough, he'll say

something to incriminate himself.

Contrary to the myth, not all child molesters are rocket scientists.

12

,000.

A number four.

Maddie's charm. To win.

$100 exact to wheel.

Maddie's charm on top.

And $2 ,000 to show.

That's a number four.

Eugene, this just came through the fax.

It's... What?

A CTR form from the bank.

There's been a withdrawal from the Peterson.

Before we move on to what Mr. Pierce said to you, can you tell me how you

about him?

I can't stand him.

I make no bones there.

Why don't you like Mr. Pierce?

He told the CO I had contraband in my cell and I got put in a hole for a few

days. What kind of contraband?

A hot plate.

Are you a vindictive person, Mr. Reynolds?

Are you testifying to get back at the defendant?

No. I just think he deserves to get out for what he did to that Baldwin boy.

All right.

What exactly did he tell you about that?

He said, and this is pretty much of a quote, I sure did enjoy getting that boy

out from under his mama's nose.

He was a real looker.

Did he say who he was talking about?

He said that kid who was snatched from the park, Chad Baldwin, the one on the

news. Did he tell you he murdered Chad?

He didn't use that word.

He said he cleaned up after himself and that he regretted not keeping the kid

around longer because he was good.

What was his demeanor as he was telling you this?

Sort of dreamy.

Same look a man gets when he's remembering a woman.

Did

he

ever give you any specific details of this crime?

Just what I told you.

Just that he did it?

And enjoyed it.

Isn't it true that you told Mr. Pierce you were going to get even with him?

No, it's not.

What are you serving a sentence for, Mr. Reynolds?

Embezzlement and assault.

So we can safely assume you are both a dishonest and a violent person, can we

not? I am telling the truth here.

You even have a reputation in prison for being a snitch, don't you?

Undeserved. Makes sense that Mr. Pierce would confess to a known snitch, doesn't

it? Well, I find pedophiles lack judgment.

Anything else, Mr. Donald?

Yes, Your Honor.

We call John Pierce to the stand.

Objection. Mr. Donald knows full well I'm not about to allow that to happen.

This is a civil proceeding.

I can call whoever... In that criminal charges could follow, my client is

allowed to assert his Fifth Amendment right not to testify, and my advice for

him to do exactly that won't be subtle. Given that 18 years have passed, the

likelihood that criminal charges will be brought... We're not talking

likelihoods. There's still a chance.

This man...

is a convicted child molester. He was seen and identified as being within 50

feet of the victim at the time of the kidnapping.

Chad Baldwin was playing with Legos at the time.

Legos were found in that bastard's apartment.

Objection, Mr. Donald.

We all know we can't get him criminally. At least give us a chance to get him

civilly. Counsel, step up.

First, Mr. Donald, as much as I admire your passion, you are not exactly known

as a champion of fair play, so I would delete the moral indignation from your

repertoire.

Now,

Ms. Lightstone, true, your client does not have to testify here, but if he

doesn't, you might not like my finding.

My client is judgment -proof. I'm not terribly concerned. I'm not talking

civil liability.

What are you talking about?

you're a good lawyer henrietta figure it out as a convicted pedophile your

client can be kept in jail even after his sentence has expired if he's

considered to be a danger to society he has already satisfied the psychiatrist

that he's not yes they consider him to be rehabilitated full of remorse well

from where i sit and i tend to like the view up here i'm not getting that

picture if he refuses to testify

That makes me concerned as to whether he has truly reformed.

What are you saying?

I want to hear from him.

Otherwise, the district attorney's office might want to bring civil

proceedings, and your client may never get out.

This is blackmail.

I'm just pointing out risks, counsel.

So, if my client refuses to testify, you can find him uncooperative and

recommend he stay locked up forever.

And if he testifies and slips up, he could stay locked up forever.

Choose your poison.

Now we have our leverage.

He's got a strong incentive to tell us where the body is if it'll stop this

train. There's no way they want to risk testifying. If he did testify, do you

think you could get him? I should be able to shake him enough to give spindle

doubts. That's what they have to be afraid of now.

He's not just risking criminal prosecution.

If he plays dodgeball with me, the D .A. could argue he's not rehabilitated and

seek involuntary confinement. It's civil, but prison is prison. We got him

the crossfire now.

Our leverage is great.

Now's the time to go back to them. With what?

Well, if he tells us where the remains are, we drop our claim, he gets his

freedom, and you get to have a funeral for your son.

No.

Why not?

Jenny, what's wrong?

Bobby, you asked us at the beginning why we hired you.

And I gave you an honest answer that we wanted closure.

And? And sitting here right now, I don't know, faced with the possibility that

he could go free, I suddenly realized I want vengeance more.

Jenny. If the choice is get the body back and he goes free versus don't get

body and he rocks in jail, I choose that he rocks.

I want him to rock.

Jimmy.

Can I see you for a minute?

Shut the door.

What's up?

Yeah, it's a withdrawal flip.

What about it?

What you need $15 ,000 for?

I had some expenses on the Peterson case. You're not a good liar, Jimmy.

What's going on?

Okay. I had a personal emergency, all right?

The money's already back. I just came from the bank.

So you think that's that?

Look, Eugene, I got in a jam with a bookie. I borrowed money for like seven

hours. You stole money.

You took from a client's trust fund. That's theft.

I'm sorry. It was a one -time situation.

Can we just let it go? No.

We can't.

This affects the entire firm.

I've got to bring it to Bobby.

Please, just don't do that, please.

Eugene, please.

Oh, Jimmy.

Eugene wants to see you.

I paid it all back within six hours, plus interest. By law, we're required to

notify the client and the bar.

You do that, I'm dead.

If I don't, this whole firm could get disbarred. Bobby, I could go to jail.

Whose fault is that?

Look, Bobby, I'm done.

You've said that before. I'm done. You have my word. I'm supposed to risk

everybody's reputation, risk this firm?

On the word of an addict?

I'm not an addict.

I'm doing court.

What's going to happen? I don't know.

Thanks a lot.

This affects everybody, Jimmy.

Try to get that.

Mr. Pierce, if you didn't kidnap Chad Baldwin, who did?

I do not know.

Do you care? Of course I care, but it wasn't me.

You've already told a lie, haven't you? On my second question.

Objection. You cared when Chad Baldwin was kidnapped?

Mr. Donald, I had a sexual problem for which I received both treatment and

medication, but I have never...

Been a person without compassion.

So when a four -year -old disappears, you would feel compassion?

Yes. Would you bother to help if you could?

Because I'm curious.

You were there at the time, seen less than 50 feet away. You even knew the

victim. Why didn't you go forward to the police as a possible witness?

Because I didn't see anything.

How do you know?

Maybe there was something you saw seemingly irrelevant to you, but it

provided a clue.

To them.

Why didn't you at least say, hey, how can I help?

Look, I was afraid they'd suspect me.

Why?

At this point, your record was clean.

Why would they suspect you?

You didn't molest those other three boys till after.

Objection. Sustained.

Your work shift went to 4 p .m., but I see on this day you left early. I didn't

feel well. You didn't feel well.

Did you go to a supervisor to say you were leaving?

No, I just went home.

Coincidentally, you left within 30 to 40 seconds of the time Chad Baldwin

disappeared. Can you account for such a coincidence?

A soon -to -be -convicted child molester is within 50 feet of a child at the

exact time he kidnapped?

Objection! Withdrawn.

Why'd you leave the state?

I cooperated completely with the police before I left the state.

Why'd you leave, sir?

Because I expected to get the same bias from everybody that I'm getting from

you. So you ran?

Yes. Tell us about those Legos.

Why'd you tell the police the Legos were for nephews you didn't have?

I lied. As I said, I knew they thought that I was guilty. So you lied?

Yes. Why didn't you tell them the truth?

Because I didn't remember when I got the Legos. So you decided to say you had

nephews? Yes.

What happened to Chad Baldwin?

I don't know.

Do you care?

I said I care.

Because you have compassion.

Can you feel for his parents sitting over there?

Yes. Can you understand how they would love to get their son's remains so they

can get some kind of closure?

Can you understand that?

Yes. Would you be willing to help them if you could?

Yes, but I can't. Well, even peace of mind that you didn't take... Their son.

Would you be willing to give them that?

I'm trying right now. I appreciate that.

Would you be willing to take a polygraph?

Objection. I'm not talking about using it for criminal purposes.

A private polygraph just between parties just to satisfy my clients that you

didn't take their son.

Would you be willing to do that so they can just move on? Those things aren't

foolproof. Understood.

Would you be willing? I don't care if he's willing. I won't allow it. Whatever

your lawyer.

advises or recommends, John, it's ultimately your decision.

Will you take that polygraph?

No, because I don't trust them to be reliable.

And you insist on reliability.

Objection.

Nothing further.

All right, Mr. Pierce, you may step down.

Mr. Donald.

Any other witnesses?

No, Your Honor.

Ms. Lightstone?

No, but I'd like to be heard.

I'm not interested.

All right.

If the defendant was not involved in the disappearance of Chad Baldwin, then we

have to assume there was another skulking child molester who happened to

hiding behind a tree in the same area at the same time.

Mr. Pierce, you look pretty guilty to me.

But as for evidence...

That's all there is.

You were there at the time and place.

Admittedly, your job required you to be there.

I'm going to let this case go forward. But, Mr. Donald, if you don't come up

with more, I will be dismissing it at a later date.

What about recommending to the district attorney's office that they file for

civil commitment?

I can't recommend a man's freedom be taken away based on suspicion alone.

We're adjourned.

I'm sorry.

Is it over?

No. If the wrongful death action survives, we can keep digging.

But there's no money to be won.

And as for keeping him in jail or finding the whereabouts of your son's

remains... We struck out.

I'm very sorry.

You did your best.

Perhaps a wiser lawyer would have steered you away from all this.

We wouldn't let you.

You tried.

Mr. Donald?

Yes.

I'm James Tucker, and this is my mother.

How can I help you? We've been following the Pierce trial on the news, and we

need to talk to somebody.

About what?

I think I may be Chad Baldwin.

Hakeem has had a problem holding on to the ball.

Last year and in preseason, Tom Ruhle, one of the best in the league,

kick. Hakeem feels it back at the 15 -yard line.