Original subtitles

Previously on The Practice.

If he takes me out, I don't want you to let him walk.

If I'm dead, you let someone know what happened.

Russell said if anything happened to him, tell the police about Derek Grant.

client told you what happened in confidence.

It won't matter if he's dead.

There's a man named Derek Grant.

We're asking you to question the guy.

Derek Grant was shot to death two nights ago on the corner of 128 and Linden.

You ordered me to tell the police. If I was dead. I thought you were dead.

Russell Hampton, you're under arrest for the murder of Derek Grant. You have the

right to remain silent.

When this started, all they had was a dime bag of crap. They couldn't charge

with murder if you didn't keep killing people. You gave me up.

You should

get some rest.

I'm fine.

You guys don't need to worry.

Your cellmate dead.

Your fingerprints on the knife.

Your confession to the murder.

We don't win this one, Ray.

This is a case we plead to.

Go over it again.

This is getting really boring. Not to me. I love court days.

Beats watching TV.

Food's better than state prison.

I could hit on you.

Bard. No, no, don't call the guards.

I know about the guards. Don't screw around with me, Ray. I didn't tell you

before because I was scared you wouldn't believe me.

The guards set a fight between inmates and bet

on them.

They wanted me to fight Bauman.

But before I could tell anyone, they killed him.

Are you saying they framed you?

You don't rat out the guards and live.

But I got no choice.

I can't do more prison time.

If you're saying you have a defense, I need to know.

Is this true?

But I sure as hell had you going.

You're an idiot.

Come on, it's a winner. We can get a jury to buy it. We've done it before.

we had a defense, Ray.

Look, if I can get a plea deal to ten years on top of your current sentence...

Ten.

Plus three on my robbery charge.

I can't do 13 years.

I was serious about that.

I can't do the time I got left.

Ray, when you get convicted this time, it's mandatory life.

So you either let me make a deal, or you have to start getting used to the idea

that you are going to die in prison.

It's your choice.

There's nothing you can challenge?

His confession was voluntary and vividly incriminating. And you can forget self

-defense. He admitted the victim was asleep when he stabbed him. Why did he

it? He won't tell me. How many times you represented this guy?

Well, this makes four.

And to be honest, I've always liked the guy. But since he's been in prison, I

don't know. After a while, it drives them all crazy.

He's agreed to let me try and plead it.

Good morning.

What the hell are you doing here? I told you he'd come back too fast.

Hello to you too, everyone.

It's good to be back.

Hey, Bobby.

You look... bad.

Nice, Jimmy.

Why don't you drop the macho crap and go home?

Lucy, get me the Cheswick file.

When Eugene gets in, tell him we need to go over the finances.

No deal. My case is way too strong.

Can't you just once be reasonable? If he pleads, he will serve 13 years before

he's even considered for parole. He committed cold -blooded murder. He ought

stay in prison for life.

Plus, it's only a one -day trial. Eleanor, don't beg this guy.

You got a real stick up your ass. Shut up. You know why I bet you suck?

Because people hate arrogant.

Not me.

Juries love me.

That last jury loved you. I pled to the robbery charge.

I had no choice. They had me on videotape.

I've never been convicted by a jury.

We can beat this jump.

No, we can't.

Collections are down.

Welcome to the recession.

Clients are hurting.

Some firms in town are taking 50 cents on the dollar.

I can't afford to be out anymore.

Anybody out there need my help?

Eleanor's got a trial that's going to plead.

Everybody else is covered.

What's your schedule?

Don't you start now.

For now, you shouldn't be taking any criminal cases by me.

Excuse me? Before you go back into a cell with another client,

We think it would be best for you to get your legs back. We think?

Bobby. Wait a second.

You and Lindsay got together and decided how I should practice law?

No.

The whole firm decided this.

Well, do me a favor.

Next time my firm plans on discussing my career, let me know.

I'd like to be there.

Give him time.

He won't give himself time.

He won't even talk about what happened.

Your husband's not real big on sharing his feelings.

Oh, hadn't you noticed?

I noticed that he feels like we're attacking him.

He probably does.

Right now, he's something he never wanted to be.

A victim.

It's not easy for him to deal with.

You know that.

When I defended him before, he listened to me.

Now he won't take my advice or help me develop a usable defense.

I can't, in good conscience, continue to be his lawyer. This is a ploy to get a

continuum. Mr. Lowe knows I have a real conflict. I know your client doesn't

have a defense. I don't care what you know. I care about Mr. McMurphy. He's

one facing trial.

Sir, are you and Miss Frutt having problems?

Thank you for asking, Your Honor.

Sorry. I get nervous.

That's all right, son.

Take your time.

It's just that she wants me to plead guilty, and I want my day in court.

Are you pressuring him to plead?

Frankly, yes. As his lawyer, I have a duty to stop him from pursuing a trial

can't win.

But that's his choice, not yours.

If he wants a trial, he gets a trial. Not with me as his lawyer.

We have a conflict. Let him get new counsel. We're ready today.

Bringing in a new lawyer will delay the case for months, maybe a year. No.

I don't want to go back upstate right now.

I want a trial today.

I'll be my own lawyer.

I'll defend myself.

That is a bad idea.

That's also a ploy. After he's convicted, he'll appeal and say that we

his right to counsel.

I'll waive that appeal. And later say that the waiver was unknowing. No.

I can have Ms. Frutt advise me.

Then I'll waive it, which means it will be knowing. Sir, I advise you not to

represent yourself if you choose to. But... I have a right to,

don't I?

I choose to exercise that right.

May I have one second, Your Honor?

Crazy. Which means my wish should be respected. You will be convicted.

Eleanor, no, I won't.

He wants to represent himself, Your Honor.

Fine, but he'll do so with hybrid representation. Miss Frutt, I'm ordering

to assist him as standby counsel.

What? The law says he can do it pro se.

But I'm allowed to protect him. Let him get somebody else.

No, I have you.

Mr. McMurphy, once again, I must warn you that defending yourself is a very

serious step.

Are you sure it's one you want to take?

Yes.

I've been through enough trials to know how they work. I can do this with help.

I object to being forced to help a man convict himself. I think what you object

to, Miss Frutt, is the client taking control of his case. But that's his

He's the one in charge, not you.

Therefore, you will serve as standby counsel, and Mr. McMurphy will have his

in court. See you at 11 o 'clock.

So he's defending himself?

Not my idea.

You still have to be there?

Yes.

He wants copies of the local rules, a textbook on criminal procedures, and the

evidence code. And you have to hurry. It starts in two hours.

So you're second chair to him? Lucy, hurry.

If you don't wear it, you will look guilty.

Eleanor, they're going to know I'm in prison when they hear where I killed

Me wearing that will just look phony.

Can we talk about the trial?

Go ahead. You're in charge.

That judge seems like a liberal.

He is, particularly at sentencing, which is why you should plead.

A conviction takes away his discretion.

If I waive jury and have him decide it, would he acquit me?

No. You're better off with the jury.

You still say frame up and self -defense are out? Completely.

What other defenses do we have?

Listen, Ray, even as your backup counsel, I can't let you just make

up. But as my advisor, you at least have to tell me what my options are.

Alibi. You are somewhere else, which won't work because you are locked in a

cell.

Go on.

Insanity. The prison shrink says you're not.

Necessity. Not applicable on these facts.

Jury nullification. It's illegal to even argue. Go back.

What's a necessity defense?

It doesn't work. So just tell me what it is.

You killed him because somebody forced you to.

That's my defense.

No, it's not, Ray. Nobody forced you. Eleanor, you know how you survive in

prison? You grab opportunities.

Now, get me some cases on necessity.

Trial on the defendant's assault charge was to begin last week, but Mr. Donald

was in the hospital as a result of another case.

Third continuance, Mr. Donald.

When will you be back in the saddle?

I'm back now, Judge.

Well, then you're in luck.

We had a case played out. We can take it today.

Today?

Can I have a moment with my client?

Sure.

What do you want to do?

Get it over with.

Well, we don't have to go today. Under the law, you're entitled to more time.

Do I want more time?

It never hurts.

It gives us a chance to.

Keep investigating your defense.

Judge Borns, may I be heard?

I've just realized I have a scheduling conflict. A later date would be better

for me.

How about June 6th?

Okay with your client, Mr. Donald?

Yes, that would be fine.

See you in June.

We're adjourned.

Bobby, we need to talk.

Yeah, later.

You take care of yourself.

Ladies and gentlemen of the jury, Mr.

McMurphy will be acting pro se, that is, as his own attorney.

The law requires him to comply with all evidentiary and court rules. Ms. Frutt

will be assisting him as stand -by counsel.

Certainly, Mr.

McMurphy has little or no experience.

In trying cases, you are to draw no inferences or conclusions as to the

of the case based on his performance as a litigator.

We rolled the cell doors open at 5 a .m. for the day's first count.

McMurphy walked out.

Bauman didn't. What did you do?

Check the cell.

Bauman was dead in his bunk, the shiv still sticking out of his chest.

Where was Mr. McMurphy?

Telling the line in front of the cell.

There was blood on his shirt.

Could you tell if there'd been a fight in the cell?

Object lacks sufficient foundation.

Object.

Something foundation.

The objection is sustained.

Was anything broken?

Were there things strewn around?

It didn't look like a fight had taken place, no.

Thank you.

Nothing further?

You got to say it anyway.

Good witnesses know how.

Be careful.

Saunders. McMurphy.

First thing you did, you took me to the deputy warden's office.

And I told you I had to kill him.

Objection, Lex Foundation.

Mr. McMurphy is not the witness here.

Sustained. The jury will disregard.

You hate my guts, Rat. I hate killers.

Objection! Sit down, Miss Frucht. You hated me because I wouldn't kiss your

You're a killer and a liar. That's enough. The jury will disregard.

I have nothing else to ask this man.

Did you ever suspect anyone but the defendant of this murder?

No. Object to that. Shh. I want to hear this.

Why didn't you suspect anyone else?

It's a two -man cell. They were locked in overnight.

Plus, McMurphy hated Bauman. Everyone knew it. That's a lie.

Your Honor. Sit.

Down. Other people hated Bauman. Mr. McMurphy hated him the most.

I don't know why.

I just know he did.

Nice job, Ray.

If you're sitting next to me, you've got to look like you're supporting me. I am

trying to. No, you're arguing, and the jury sees... I am telling you when to

object, Ray. I am trying to help.

So?

How'd that go?

Terrible.

In addition to time and opportunity, he testified that you didn't like the

victim.

You did establish that the witness hates you.

So in your closing, you'll want to remember that and argue the bias.

Now, for the warden who is up next, here's a quick lesson in hearsay. I know

what hearsay is. Well, make sure you object.

You probably won't shut it down, but you need to preserve the objection for

appeal.

Because his testimony is going to kill you.

As the deputy warden, I was in charge of the initial investigation.

On the day of the murder, you spoke with the defendant?

Yes. And what, if anything, did he say?

Objection. Hearsay. It's admissible hearsay as a declaration against

an admission by a party opponent.

Overruled. He said he stabbed Bauman a couple of hours after lights out.

Recognize this?

Yes, it's the murder weapon. It's a toothbrush filed down.

Very common.

You checked it for prints?

Yes, Mr. McMurphy said we'd find his on it. And we did.

Did he say why he did it?

No. Did he say what, if anything, Mr. Bauman was doing at the time he stabbed

him? He said Bauman was sleeping.

Thank you.

When I talked to you back in your office, I looked real scared.

I was shaking, crying.

Objection. Lacks foundation.

Calls for hearsay. You used hearsay. Mr. McMurphy is not the witness. Shaking

and crying are both nonverbal, self -serving statements which are

hearsay. Objection sustained.

So I'm not allowed to say what happened?

You're not the witness here, sir. The objection is sustained.

Every question that he asks helps my case. He's still in his jumpsuit, for

sake. He might as well wear a sign that says, convict me. I'm just saying, be

careful. Of what?

Well, I think the guy's smarter than you give him credit for.

What am I missing?

Look, the guy may have no defense, but the jury might be seeing that as a

function of no one defending him.

I introduced his confession.

The jury sees there's no defense.

What the jury sees is you beating up a defenseless guy who doesn't know the

Don't let him be an underdog in there, Alan.

Remind the jury that this guy would rip out their hearts if he could.

Ease off the objecting. Let him win a few procedural points.

You really think I'm in a fight here?

From what I saw, yes.

Look, there's no such thing as a lay down.

This office has lost cases to pro se defendants.

My advice, be careful.

Are you going to testify?

I haven't decided yet.

Well, if you don't testify, how do you intend to prove that you acted out of

necessity?

Look, if I think this defense is a lie, I have to tell the judge. You don't know

it is a lie. Don't treat me like an idiot, Ray. I'm trying the case. I don't

have to tell you anything.

You want to be helpful?

Get me this guy.

He's being sentenced downstairs.

We know each other.

He'll testify for me.

Why are you doing this?

Trial prep's real important. You know what I mean.

You used to trust me, Ray.

When I said plead, you did.

We only fought the ones that we could win.

Did I let you down?

What's changed?

It's not you.

More time in prison would be a death sentence for me.

Then why did you kill him?

If I told you I killed him over cigarettes because he stole my last damn

you wouldn't believe me.

Guys in prison get killed over less. Guys get killed for looking at somebody

wrong.

I can't take it anymore.

The longer this trial lasts, The less time I got to be in prison, even if it's

just for a day, that's enough.

You killed him over cigarettes.

I said, if.

Chester looks down on the last one.

Are you all right?

Just tell him.

Tell him I got Paige. I got a... I'll check with him later.

Is Bobby Donilon?

You are?

Leonard Wellish. I'm with the state's outreach program.

We're funded by the state legislature.

We help crime victims.

Well, victim is not a word he likes to hear.

Anyway, he's already given his statement to the DA.

I'm not a lawyer, ma 'am.

I'm here just to make sure that he's okay.

This is your defense? He's telling you what happened. I hated Bauman.

Bauman screwed me on a drug deal. I told McMurphy, kill Bauman, or I'd kill

McMurphy.

Is any of that true?

You're calling me a liar. Mark.

Yes, as a matter of fact, I am calling you a liar. Eleanor, you got another way

to tell my story?

You don't have a story.

The jury is not going to believe a word he says. The jury's going to believe

that he is a scary dude. They're going to believe that I would do whatever he

told me to do. They're going to prosecute you for perjury.

First, I ain't lying.

Second, I'm serving three consecutive life terms.

I'm not real worried about perjury.

Eleanor, think about it. If he testifies, I don't have to.

Ray. That's the beauty of it. In my other trials, you said it was iffy if I

testify. You said it was bad for the jury to hear about my prior. Yes. Now I

another prior.

The robbery.

If I testify, Lowe gets to cross -examine me. My prior's come in.

I can't let you obstruct justice.

You said juries convict guys based on priors. Right now, they don't even know

what I'm in for. And Lowe can't tell them unless I testify. Having Harris

my story is great. Admit it. It's not a question of strategy, Ray. The law says

you can't do it. If it's not true!

And you don't know if it is or it isn't.

So, no pain, no loss of appetite?

No, nothing.

He's had trouble sleeping. I've been fine.

I know this may not be easy for you.

Talking it out can relieve stress. It can speed the closure process. It can

us heal.

Oh, for God's sake.

Bobby, you agreed to talk to him, so just... You know what, ma 'am? It might

better.

Could I speak with Mr. Donald alone? Would that be okay?

Okay. I'll let the two of you talk.

The people who love us most want to help, but their concern can overwhelm.

Mr... Welch, if you like, call me Lenny.

Thanks, Lenny.

I got work to do. Could you get the hell out of here?

This wasn't your fault.

What? The man who beat you was crazy.

You couldn't have prevented it. You couldn't even see it coming, could you?

No. Of course not.

There were no signs. Do you blame the prison?

Look, I'm not blaming anybody, and I really am busy here, so... Mr.

Donald... Frankly, my observation is that you're in good shape. Let me leave

my card in case you want to talk more.

And let me just get you to sign this.

What is it? A part of the law says you need to read it. It says that you've

contacted by us and that you're okay. Wait a second.

This releases the state from any lawsuits.

Well, that's just one part of the form.

That's why you're here?

Not to check on me, but to cover the Commonwealth's ass?

Easy, Bobby. What are you doing?

What's the matter with you?

He's from the State Attorney General's office. He's looking for a release, so I

won't sue.

What? Rebecca, I want cases. State liability on failure to protect, failure

keep from harm, failure to maintain workspaces. Bobby, hold on. They

intentionally failed to protect me. That's why the state sent them.

They were at least grossly negligent. Okay, but we don't have to... I'm not

going to blame for this!

The state knows how dangerous these inmates are. Where the hell were the

You need to calm down. Either help me with this, or leave me alone!

A new bowman on the outside.

He was a dealer and a banger.

He dealt in prison, too.

I bought from him.

One time he shorted me on a balloon of coke. That was him disrespecting me.

He had to pay for that.

Why didn't you kill him yourself?

It ain't easy getting a guy who knows you're coming.

He was a big boy.

I got respect for size.

I told you I didn't want to do it, right?

I didn't give you no choice.

It was you or him. One of you had to go.

Either way, the word was out.

You punk me, you die.

Thank you.

I don't have anything else.

When did you and the defendant come up with this story?

It's the truth.

Was it yesterday when the two of you were bussed in from state prison for

court proceedings?

I knew Bauman on the outside.

He was a dealer and a banger. You've been convicted of rape, robbery...

Perjury. Murder.

Three murders.

And you're about to be sentenced in another courtroom for your fourth.

I'm a bad man.

You're a convicted liar.

Sentenced to life with no chance of parole.

Okay. So when the defendant asked you to lie for him, you had nothing to lose.

Another conviction for perjury or murder. Doesn't matter. Object.

Argumentative. He's okay. What are you talking about?

You lie for him, there's no downside.

There's an upside.

What's that?

He owes you.

He's an ally.

That's key in prison, especially for a guy with as many enemies as you've got.

I got no idea what you mean.

I move to strike his whole testimony as blatantly unreliable. That's a jury

call. Then I move to preclude the jury from being instructed on the necessity

defense. Miss Frutt, your response?

My response?

I thought I could... Stand by. Counsel may argue outside the presence of the

jury. I am ordering you to do so now.

Black letter law.

He can't be convicted if he killed out of necessity.

Mr. Harris said he told my client, kill Bauman or be killed.

Necessity is a defense to murder in the Commonwealth of Massachusetts. But to

raise it, the danger of death has to be immediate.

Bauman was asleep.

Harris wasn't even housed in the same cell block. The Supreme Court says

prisoners may raise it. Oh, come on, Eleanor. You yourself admitted the man

no defense. It's a lie. As the court has repeatedly pointed out, this is my

client's defense, not mine. That's no excuse. You're helping him to obstruct

justice. I am doing exactly as I was directed by the court. The man didn't

testify. He acted out of necessity. He doesn't need to testify. The witness

established a factual basis.

Mr. Lowe, I understand you're unhappy.

But I cannot strike down the man's defense.

Why not just tell the jury to acquit?

You know what?

Mr. McMurphy manages to conduct himself with more professionalism and show this

court more respect than you appear capable of. You might follow his

We'll bring down the jury and proceed to closing arguments.

Two men were locked in an 8 -by -10 -foot cell.

The defendant waited for the victim to fall asleep.

Then he stood up and stabbed the sleeping man over and over and over

again until he died.

His prints were on the weapon.

He confessed to the crime.

The defense story, the one that he cooked up with his friend, is a lie.

If it were true...

Why didn't he tell the deputy warden about it on the day he confessed?

He never said anything at that time about his life being threatened.

The defendant is suddenly hatching this necessity defense because he has nothing

else.

He's desperate.

Blood.

Prints. Motive.

Confession.

He's desperate.

Being in court and having you people listen to me has been one of the best

things in my life.

That sounds weird, right?

I'm on trial for murder.

But in my life, nobody ever listened to me.

I'm not smart like Mr. Lowe. I wasn't good at school.

I made a lot of stupid decisions, and I paid for every one of them.

Being in prison is the worst thing in the world.

Unless you've been there, you don't know.

You lock men up, they become animals.

I've seen guys do things to each other, kill each other for nothing.

When Harris told me, kill Bauman or be killed, I knew it was real.

I could see myself lying in the shower or in the exercise yard, blood coming

of me.

I knew it was me or Bauman.

Why didn't I tell all this to the warden before?

Because I was still in prison, and I still could have been killed.

I am sorry for killing Mr. Bauman.

I had to do it.

I had no choice.

If I hadn't killed Mr. Bauman, that man, Harris, would have killed

me.

Mr. Lowe calls me desperate.

I am.

Desperate now, like I was desperate then.

Here are the cases you wanted.

Thanks.

She cares about you, Bobby.

She's worried about you. We all are.

We don't know what to do to help you.

Thanks for the cases.

Bobby, you attacked a man, physically threw him out of the office.

You're always there to help everybody in the firm.

But for you, Bobby, you're selfish.

It's selfish to never let us help you.

Now you're wearing it.

Trial's over.

Nothing left but the verdict, so I figured, why not?

What'd you do to your hair?

I gave myself a little trim.

Figured if I'm gonna look good, I should look good.

How'd you get the haircut?

Judge's chambers.

Scissors.

Old habit. You see a potential weapon, you just grab it.

You seem depressed.

What's wrong?

I wasn't kidding when I said that trial was the best thing in my life, Eleanor.

I felt like a citizen in there.

And now it's over?

Yeah, now it's over.

Bombing was real popular.

If I go back to prison, I will be killed.

That's why I was so desperate to have the trial now, even if I had to

myself.

Court holding cell, I survive. Prison, I don't.

Well, I could try to get you into protective custody. No, I'm not going

Ray, even if you win here, you still have the remaining sentence on the

Eleanor, I am not going back.

Where's the guard?

Oh, my God!

Ray!

Judge Mass should be careful about his scissors.

Eleanor, I have the guard's gun.

If you make a noise, I will have to kill you.

You will never get out of here.

Court security faces the entrances, not the exits.

They don't check guys as they're leaving.

Especially not guys looking like this.

It's been a long time.

Thanks for walking me out, Eleanor.

Not that you had a choice.

Ask the jury what they thought of my closing.

Maybe they have some suggestions for next time.

Oh, my God.

Despite the absence of the defendant, the law requires taking the verdict

in open court.

Mr. Foreman, to the charge of murder in the first degree, how say you?

Your Honor, we find a defendant...

Raymond McMurphy, not guilty.

To the charge of murder in the second degree, we find a defendant, Raymond

McMurphy, not guilty.

It is my practice.

I usually thank the jury for its service on behalf of the parties,

the defendant.

But at this point I think we're done

Considered

armed extremely dangerous and obviously resourceful Meanwhile, questions remain

as to how a prisoner could so easily escape detection, especially since

has recently been heightened.

Incredible. The man actually walked out.

Listen, if you want, I'll help you draft that complaint for the lawsuit.

Thanks.

I did some research, and the law's not bad for us.

And a lawsuit could make them provide more protection for other lawyers.

Nobody should... There isn't going to be any lawsuit.

Not now, anyway.

Oh. We can always file one later.

Or not. Statute of limitations doesn't run for a year.

I can't do this anymore.

Bobby. Lindsay, that day in the cell, right before I passed out, I knew,

a shadow of a doubt, that I was going to die.

And I would never see our son again.

And I would never see you again.

I can't stop.

Being a lawyer, Lindsay.

I'm scared.

And I don't know what to do.