Original subtitles

Previously on The Practice.

You understand I confess.

I do, but you only confessed after they discovered the body in the trunk.

If we can suppress the search, the confession goes out too. I just don't

go to a prison. Anything to keep me out of prison. I understand.

You answer only what I ask you, nothing more, because... I strangled her.

I know you're ill, and I know you want to get better. Her name was Carol.

She was very nice to me.

You didn't know there was a body in the trunk, did you?

Not before you opened it, no. The search and confession are hereby suppressed,

the charges are dismissed, and the defendant, I'm horrified to say, is free

go. I can just walk out?

Yes, but you still want to get some help.

There's no need to now, right?

Thank you, Lindsay.

It's not a conspiracy. I simply can't understand how two different people

pick him out of a lineup without some police collusion. It just means he looks

like whoever this killer is.

They've offered murder, too.

You're certainly not suggesting that we consider that.

We know you're innocent, but... But what?

There's a kind of a swell here.

I don't need to tell you that. The media doesn't get a vote.

Please, don't kid yourself, Mrs. Bakey. The influence of the media seeps into

that jury room.

They weren't sequestered. A lot of them will be watching the news despite the

judge's instructions.

The witnesses are credible, persuasive demeanors, and... What about me?

You don't find me persuasive?

You're his mother.

I am also truthful.

Look, I cooperated fully.

I gave them DNA samples. I let them search my house, my car.

I've never broken any law.

Are you actually telling me that I could go away for life simply because I

happen to look like somebody?

Like somebody who stabbed three women.

Russell Bakey, better known as the alleged supermarket killer, finally goes

trial today for the murders of three South End women.

Rumors of a last -minute plea agreement have turned out to be false.

Is he guilty?

Eugene doesn't think so.

Lindsay.

Mr. Deeks?

I have a situation.

Who is this person?

She's a lawyer I work with.

Claire Wyatt.

Stanley Deak.

What's wrong?

I need to speak in private.

Actually, lawyer -client privilege extends to her, Stanley. You can speak

freely.

What's the situation?

I had a relapse.

A relapse?

I made a friend.

She was only 14, but we had a lot in common, and...

I befriended her.

You befriended her?

Yes. Where is your friend now, Stanley?

She's away.

Away? Where away?

I need to get help, Lindsay.

I thought I was better.

But I'm not.

Stanley, did you kill this girl?

I was loading my groceries into the car when I saw them. By them you mean?

The defendant.

And the woman in the poster on the left, Heidi Stevens.

What were they doing?

At first I thought they were together.

But then I gathered he was offering to help jumpstart her car. The battery was

dead or something. It was a bitter cold night.

Did she accept his offer?

Yes.

Do you know whether or not he was able to help start her car?

No. They were still working on it when I left, so I don't know.

Are you positive that this is the man you saw that night with Heidi Stevens?

Very positive.

They were only about 20 feet away from me.

Were you able to describe for the police what this man was wearing that night?

Not enough to give a specific description.

Was he wearing a hat?

Yes. Can you describe that?

It was a knit hat.

Pulled down a little over his forehead. It didn't cover his face.

You mentioned it being cold.

Do you remember how cold?

I believe it was in the teens.

And yet you kind of took time out from loading your groceries on this cold

to check out this man's face.

How long do you think you looked at him? I really don't know. Long enough for it

to make an impression.

More than five seconds?

Probably not.

And this was at night?

The parking lot was well lit.

You saw him for less than five seconds at night?

and picked him out of a lineup.

Before or after you saw his face on the news?

After. Is it possible, Mrs. Hepler, that when you went to view this police

lineup, you recognized my client because you'd just seen his face on the news?

I recognized him from both the news and the parking lot.

That's the address.

Nobody lives there.

That's why we go there, because the house was empty.

We never had sex or anything.

I'm not sick that way.

How... What happened?

I squeezed too tightly around her neck.

I'm pretty sure she's dead.

Pretty sure?

You're not positive?

Well, it's been two days and she hasn't gone home.

At least that's what they're saying in the news.

You think maybe they're trying to trick me.

I'd turn myself in, but I don't want to go to prison.

I want to get better.

And I'm afraid for me to get better.

I'm going to have to tell the doctors what I did, and if I do, they'll tell

police.

I don't know what to do.

This is the security video taken from inside the market.

This was taken the night Wendy Banks was killed?

Yes.

That's her at the checkout counter.

And if we fast forward to here, that's the defendant paying for his groceries.

Detective, after arresting the defendant, did you have opportunity to

car? Yes, we did.

Could you tell us what you found?

Jumper cables, tool kit.

His jack was out like it had recently been used.

And some box cutters we think were used to slash tires.

What, if anything, did you conclude?

That these were the instruments he used to disable cars and also repair them.

We think that was his M .O. for approaching women, disabling their cars,

then coming to their rescue.

Any video that shows my client had contact with Wendy Banks in the store?

No. And this was a different grocery store from where the other two victims

last seen. Right, Detective?

That's correct. All three victims were last seen at different grocery stores.

And the box cutters you said you think had been used to slash tires.

Could you positively connect them to Susan Graham's tire?

No. You also searched my client's house, correct, detective?

Yes. Were you able to find any physical evidence connecting my client with these

murders?

No.

I actually think that the most damning piece of evidence is the video.

Why? Well, it's one thing to argue a lookalike.

But on top of that, we know for a fact that he just so happened to shop in the

same grocery store at the same time of the last victim on the night she

disappeared. But I live near the store.

Understood. But those are two very big coincidences, Russell.

Not to be critical, but I'm a little disappointed in your performance so far.

Mrs. Baker... Here we have an innocent man.

No scientific, no forensic evidence whatsoever against him, and yet you

a defeatist.

I speak as a realist.

The public wants to lynch somebody. Right now, your son is the only

May I continue, please?

Certainly. Thank you.

Russell, you'll go first.

We'll follow that up with your mother, who we know will make every effort to

come off sympathetic.

Are you ready?

He's ready.

Helen Gamble will come hard.

Be prepared, Russell.

She'll come straight for you.

With what? I've got nothing really to cross him with. Yes, you do.

Good -looking guy, nice job, makes a lot of money, lives with his mother.

Come on.

It doesn't make him a murderer.

It makes him weird.

He's probably a closet homo or something.

Okay, let's go with that. If he's secretly gay, then he's sure to kill.

Helen, we both know this is the killer.

Get him to flash his rage.

Push him.

If he does an emote, we'll paint him as cold.

If he does flare, we'll argue that he's a man of rage.

Also, get as close to him as you can.

Why? Because you're the prototype of the women he kills.

I want the jury to picture the victims when you question him.

I don't know.

Look, I agree our case is thin, which makes this cross pivotal.

You need to push him.

Go there?

To the house? What if she's not dead?

She has to be dead. He... He said he wasn't sure, Claire.

He said he thinks she's dead.

What if for some reason she isn't? What if she's lying there with a broken neck,

a pest or something?

Lindsay, I'm not sure I could go there.

I can't not go, with the slightest possibility.

Can't you send someone, like a private detective?

I'm not sure it wouldn't violate privilege.

Look, it's only 20 minutes from here.

I would think, on something like this, we should be allowed to tell the police.

Well, you'd be wrong.

Lindsay.

Do you want me to go with you?

Yes.

That was me on the video.

I was in the supermarket that night. Did you meet Wendy Banks?

I did not.

Nor did I ever meet Heidi Stevens or Susan Graham.

Two witnesses said they saw you helping those women with their cars.

Those witnesses are mistaken.

Okay. Can you tell us where you were on the nights of these murders?

On the evening of October the 20th, I was working late in my office.

What do you do, sir?

I'm a security consultant.

I basically help to detect and prevent computer fraud.

Thank you.

And the nights of the other murders?

I was home.

Both nights?

Yes. The January 3rd night, I was obviously doing some grocery shopping in

evening. But I was home the rest of the night.

Do you live alone?

No, I live with my mother.

Was she home on those nights?

Yes, she was.

And she can confirm that you were home?

Yes, she can.

Mr. Bakey.

Have you ever been arrested before?

No, I have not.

I am and I have always been a law -abiding person.

I have never committed any crime.

I never received so much as a speeding ticket.

I certainly did not take the lives of women.

Not even a speeding ticket.

No. Well, Mr. Bakey, you just sound too good to be true. I would think a woman

would be lucky to snag you.

Objection. Sustained.

Do you go to church?

As a matter of fact, I do.

You even joined the choir, didn't you?

I tried out for the choir.

Well, according to my sources, you didn't sing too well.

There was some suspicion that you might have tried out in order to meet women.

Is that true?

I can't speak to the truth of these suspicions.

But that's not why I tried out for the choir.

Ever been in therapy, Mr. Bakey?

Objection. Sustained. Your Honor, I'm trying to explore the psyche of a grown

man who still lives at home with his mother.

Objection. If you want to know why he lives with his mother, ask him. But he

hasn't opened any door on character evidence.

Mr. Bakey, you are a bit modest in describing your job. In fact, you're a

a whiz.

Many companies hire you to detect computer fraud, don't they?

I've done well.

You make over $200 ,000 a year.

A talented, good -looking man who still lives with his mother.

Seems odd.

Objection. Withdrawn. Mr. Bakey, is your mother physically or financially

dependent on you?

No. Have you ever not lived with your mother? No.

I am not ashamed of loving my mother, Ms. Campbell.

I enjoy living with her.

We're very compatible.

Ever had sex with her?

Objection! Trying to explore the depth of this love and compatibility.

The objection is sustained.

Ever had any girlfriends, Mr. Bakey?

I date.

I don't mean a date or a movie or helping a girl change attire.

Objection! Miss Gamble, I mean a relationship. Have you ever had a long

relationship with a woman? If so...

Could I have her name?

Your Honor.

Overruled. He can answer that one. Any girlfriends, Mr. Bakey?

I've been extremely career -oriented.

Lots of nights at home with Mom?

Objection! Ms. Gamble, knock it off.

Do you have a problem getting along with women, Mr. Bakey? No, I do not.

You kill women, don't you, Mr. Bakey? No, I do not.

Two of the victims were last seen with you. No, they were not.

Your witnesses were mistaken.

My witnesses were mistaken. Well, too bad for you. I guess that you don't have

any witnesses other than loving mom.

You have difficulties with intimacy, don't you, Mr. Bakey? It causes you to

women. Objection.

Sustained. Is it some sexual dysfunction that causes you to snap?

I asked you a question, Mr. Bakey.

Do you have some sexual dysfunction that caused you to snap and stab those three

women?

I never met those women.

I never took their lives.

Witnesses are mistaken.

As are you, Ms. Campbell.

This is so not why I went to law school.

He said upstairs.

I can't believe we can't hire somebody to do this.

Because there's something called privilege, Claire.

Yeah, well, privilege doesn't require us to go look at dead bodies.

Just wait here.

Right, like I'm gonna wait anywhere alone.

Oh, my God.

Okay.

She's dead. Let's go.

Why are you here? Oh, my God.

Stanley. Why are you here? Because we had to confirm that she was dead.

Why?

Because if she wasn't, it would be in your best interest to save her. You were

going to tell on me. No, we weren't.

But we needed to be sure that she wasn't suffering.

I don't think she suffered that much.

Look at her.

She was so beautiful.

What kind of person would kill an innocent child like that?

Stanley.

I know you didn't want to hurt her.

And I know you desperately don't want to hurt anybody else.

Given that, maybe we should go to the police.

No.

I can't go to prison.

I'll go to a hospital.

But not a prison.

You said that before.

Now look.

Because I didn't go to a hospital.

I'll go to a doctor, Lindsay. I want to.

But not...

Prism.

Not prism.

Your mother goes up next.

Then we rest.

Okay.

Are you alright?

Do you think...

I'm aberrant for living with my mother.

Well, it's not typical for a 30 -year -old man.

If you don't mind my asking, why do you still live at home?

I'm hugely busy at work.

It's not like I have a family or a need for my own place yet.

What about a need for your independence?

I suppose I still feel safe at home.

My parents were divorced when I was young.

My mother, she fought all my battles.

She may have undermined my self -esteem in the process, but I guess I've always

felt, I don't know, safe.

I'm going to throw something out.

It's kind of wild, but... What?

Well, you describe your mother as pretty controlling.

Is it possible your mother saw you with these women and she killed them?

Because, I don't know, she felt threatened. Jimmy, I never met these

I was never with them. Okay. And even if I was with them,

My mother, she is not capable of committing murder.

Trust me. Like I said, it was a wild idea.

Is she gonna go after her?

Sorry? The DA, is she planning to attack my mother?

Probably.

We're not looking for punishment. We just want our daughter back.

We're appealing to your compassion and to your humanity.

Please.

Please just bring her back.

Can you imagine?

No.

How long has she been gone?

Did they say?

I didn't hear.

This is when I go back to believing in death penalty.

Somebody snatches a child.

Yeah.

Don't stop on me now. I just had you serve it.

Oh, well.

Damn it.

Those

who

falsely accuse others deserve punishment themselves.

And those who would vilify a person's mother...

Don't attack the mother, dear Helen.

My God.

Did you send it?

Me?

I'm in jail.

Well, you made a few calls last night. The computer expert could use the phone

line to send a message.

That's ridiculous, Eugene.

I'd have to know her address.

Well, you might have plucked it off some of our discovery correspondence.

Look.

This is a thinly veiled threat on a DA's life, Russell. That alone could get...

I didn't send it. Did Mom?

Look, I don't know what's going on. Maybe the real killer's playing head

but I didn't send that. And my mother wouldn't even know how to boot up a

computer, much less hack into somebody else's. It does seem suspicious,

Last night you asked me if Helen Gamble planned to attack your mother on the

stand. You used that very word, attack.

A few hours later, she gets a message using the word? I promise you.

I had nothing to do with this.

You want me to take a polygraph?

Wheel a machine in.

I have nothing to do with this.

Tell them.

Only that she's dead.

I'll go to prison.

Stanley, listen to me.

I will not say who killed her.

I will not even reveal where she is.

But these parents are suffering.

They should at least be notified that their daughter is gone.

The agony of not knowing.

Stanley, you have a sickness.

The reason you struggle with it, though, is because I think you are a man with

compassion.

It is inhumane to let these parents go day after day after

day. Not knowing.

We will in no way implicate you.

We won't help them find her or lead them to any evidence.

Let us spare these people some pain, Stanley.

Please.

You can tell the parents, not the police.

They'll just go to the police anyway, Stanley. You can tell the parents, not

police.

I can vouch for him physically for two of the murders.

On the third, I'll simply vouch for his character.

Let's begin with the night of December 19th. He was not only home, he was

sitting right by my side from 8 p .m. through the 11 o 'clock news.

You're sure?

Positive. We were watching It's a Wonderful Life.

It's a Christmas tradition, Russell and I have.

We've been watching it together.

every year going back to his childhood.

If you check your local listings, you'll see that it aired December 19th.

Well, did he ever leave the house?

Never.

He used the little boy's room during a commercial break or two.

But other than that, he was right by my side.

What about the evening of January 3rd?

Again, he was home.

I sent him to the market to pick up a few items.

Hence, you saw him on the video.

But he was home shortly after seven.

Mrs. Bakey, I would assume you love your son very much.

I've been divorced over 23 years.

And my son is without question my dearest and closest loved one.

Which begs the question, would you lie to spare your son a lifetime of

prison?

If faced with that, I suppose I would, Mr. Young.

But I'm not faced with that today.

My son was with me.

He was home.

The fact is, my son is innocent of the crimes he is being charged with.

Thank you.

Your son is the dearest and closest loved one in your life.

Is that the reason you got divorced 23 years ago?

The reason was my husband and I were ill -suited for marriage.

Well, in the divorce complaint, your husband alleged that you sexually

your seven -year -old son, Russell.

He alleged that as leverage to gain custody.

The charge was baseless and never considered seriously by anybody.

Did you used to sleep with your seven -year -old son?

He'd get scared at night.

I'd let him in the bed.

You slept in the nude? I never molested my son.

It certainly would explain a few things.

If mother and son become lovers... Objection! There's no basis for that.

no basis yet because I haven't been able to ask the question. You need basis for

the question itself, and there is none. I agree. The objection is sustained.

Okay, then.

We'll just leave it at...

You love your son so dearly, and by your own testimony, you would lie to

spare him a life in prison.

We're looking for Lindsay Dole.

Like me.

Mr. and Mrs. Burns?

What information do you have?

Please sit.

Please, just tell us. I think we need to sit.

I'm afraid my information...

It isn't good.

Your daughter is dead.

A client of mine has admitted to me that he took Cindy's life.

Privilege prevents me from telling you anything more.

But to spare you further agony of not knowing, I... I am so...

Is there any chance that this client was lying to you?

No.

He told me where her body was.

And I went there.

And it was her.

And she had passed away.

Where is she?

I'm afraid I can't tell you that How was

she killed?

I'm afraid I can't tell you that either It's privileged

The parents of Cindy Burns were told by the killer's lawyer that Cindy has, in

fact... Please don't look at me, Sandy.

Why isn't Lindsay... Don't look at me.

Lindsay, enter a microscope right now. There's a chance the police could watch

her every move, which is why you are not to come to her office.

Does this... Please don't talk to me.

On the off chance that I'm being watched, don't look at me.

Lindsay and I got subpoenaed this morning.

The police are going to try to force us to talk. But you need not worry. We

won't. The main thing for you to remember is do not call us. Do not come

us. We will contact you. Write that down if you need to, Stanley. Don't forget

it. Wait for us to contact you.

I'm not saying we can't win.

But I'm nervous.

If we could get manslaughtered...

You came off like a strange man.

Add to that, two of the victims were last seen with you.

And the third... I agree with Eugene.

It's a big risk.

Neither of us has a good feeling here.

They're offering manslaughter.

They haven't offered anything yet.

I need to speak to Miss Gamble, personally.

What? I just do.

I need to speak to her before I would even consider a plea.

I don't know who put the notion of plea into your head, but if you think I'd

offer manslaughter... What can we get?

Murder, too.

Oh, come on, Helen. This could be a straight not guilty.

You've got no forensics evidence. Eugene, I can live with an acquittal,

politics of letting a man weakener to be a serial killer get off on

manslaughter... I would think the important thing would be to get him off

street. If you brought me in here to discuss manslaughter, talk time's over.

I brought you in because I wanted to talk to you, Ms. Campbell.

I want you to know I don't blame you. If you truly believe I'm guilty, I would

expect you to be zealous against me.

I have no hard feelings.

I don't care.

One other thing.

I majored in psychology at Northeastern.

I took many courses in criminal psychology.

I wish you had taken a few, because if you had, you'd know I'm innocent.

I majored in English Lit.

Bummer. I read and re -read that message you received.

My interpretation is that whoever sent it doesn't want me convicted.

He's angry with you.

Perhaps the real killer doesn't like the attention and credit going to me.

In any event, I firmly believe that if you continue to prosecute me

You will be killed.

Are you threatening me, Mr. Bakey?

Me? No.

I'm only saying that whoever sent this, in my opinion, intends very much to kill

you if you don't back off. Russell. I think she should know this.

There's no shame in losing.

Everybody knows the state's case is thin.

But winning, that could be deadly.

Would you excuse us, please?

Are you out of your mind?

To me, the message seemed dangerous. That's all I was saying.

From my experience, women never seem to recognize danger.

What's that supposed to mean?

Prepare your clothing, Eugene.

Privilege is absolute, Your Honor.

Miss Dole and Miss Wyatt learned what they learned through a confidential

communication. It doesn't matter. By going there, they became witnesses

themselves. To what?

Who knows what?

Possible time of death, position of the body. The point is, privilege doesn't

protect them here.

Once they go to a scene, they lose any opportunity. There is no basis in law

that contention. What's more...

My clients didn't disturb the scene. Why did they go there at all? To affirm

that Cindy Burns was in fact dead.

If she were still alive, they could perhaps help save her.

And I would submit, Your Honor, to hold that a lawyer blows privilege by going

to a scene.

That could have potentially devastating effects.

No lawyers would ever go to scenes, and sometimes that would mean lives would be

lost. All right, look.

I won't make them reveal the identity of their client, but I am ordering them to

tell us where the body is.

Your Honor, I won't do that.

Then I'll hold you in contempt, Ms. Dole. If I tell you where the body is,

could lead to discovery of the evidence, which could lead you to my client.

Ms. Dole, I am giving you a court order.

Please don't think I'm kidding.

Lindsay, he's letting you off the hook here. He's ordering you.

I'm not looking to get off the hook.

This is privileged information, and I won't reveal it.

Security, take Ms. Dolan to custody.

Ms. Wyatt?

I am now ordering you to tell us where the body is.

How long will they

keep us?

Until we tell.

Or until it becomes clear we won't.

No murder weapon.

No fingerprints, no DNA, no bloodstains, no forensic evidence whatsoever.

They searched my client's house, his car, every stitch of his clothing. They

couldn't find so much as a fiber.

All they have, all they have are two witnesses who said they saw a man

who looks a lot like Russell Bakey. That and a videotape which puts Russell

Bakey in the same supermarket.

as the third victim. Now, that hardly overcomes all reasonable doubt,

since my client has an alibi.

For two of the murders, Russell Bakey has an alibi that puts him in his home

the night. Yes, it's his mother, and yes, she might have a motive to protect

him. He's her son.

But her testimony stands uncontradicted, uncontroverted.

His alibi has not been refuted.

She's his mother.

She loves him dearly.

We heard that, didn't we?

They even live together, don't they?

They have a very special relationship, this mother and son.

Three women are dead.

All three have one thing in common.

Russell Bakey.

Two of them were last seen with him. The third, in the same supermarket with

him. How many more coincidences have to happen, ladies and gentlemen?

Jumper cables found in his trunk. These are tools to help repair cars.

Now, I suppose that's a big coincidence, too.

This man has serious problems with women.

So he killed them.

Flashes a tire, disconnects a battery, becomes a good Samaritan, and then

Loving mom, waiting at home with an alibi.

We caught him.

We arrested him.

We brought him to trial.

Now we give him to you.

Let's not pick up a newspaper one day and read about yet another coincidence.

I don't know, Bobby. The judge just seems determined to hold them. Great.

start working on an appeal. The law has to be with us here. They have a verdict.

On TV?

They let cameras in. Mr. Foreman, has the jury reached a verdict?

We have, Your Honor.

What say you?

In the matter of the Commonwealth v.

Russell Bakey, on the count of murder in the first degree, we find the

defendant, Russell Bakey, not guilty.

Unbelievable. On count two, murder in the first degree.

We find the defendant not guilty.

On count three, murder in the first degree. We find the defendant not

Thank God.

Members of the jury, this concludes your service. You are dismissed with the

thanks of the court.

The defendant is free to go.

Thank you.

Let me bring you home, sweetheart.

Your room is just a waste.

I'm going to cook you a home -cooked meal.

Okay, Mom.

Thanks, Jimmy.

Thank you, Eugene.

Excuse me.

Miss Campbell?

I promise you...

Justice has been done.

Uh -huh.

Also, one might think this verdict takes you out of danger.

Let's hope.

You will not threaten her.

You will not go near her.

Thanks again for the good work, Eugene.