Original subtitles

Previously on The Practice.

I could actually go away for life. Simply because I happen to look like

somebody? Like somebody who stabbed three women.

Could you tell us what you found?

Jumper cables, toolkit.

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

coming to their rescue. Get him to flash his rage.

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

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

We're very compatible.

Ever had sex with her?

Objection!

Those who falsely accuse others deserve punishment themselves.

This is a thinly veiled threat on a DA's life, Russell.

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

but I didn't send that. We find the defendant, Russell Bakey, not guilty.

One might think this verdict takes you out of danger.

Let's hope.

Lindsay. Mr. Deeks? I have a situation.

What's the situation?

I had a relapse.

Oh, my God.

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

Privilege prevents me from telling you anything more.

I am so sorry.

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

tell us where the body is. This is privileged information, and I won't

it.

How long will they keep us?

Until we tell.

Or until it becomes clear we won't.

Eugene thinks, and I agree, that I should argue. This judge obviously

respond to reason. Perhaps the emotion of a husband pleading to free his wife.

Who's going to argue for me?

I don't even have a boyfriend.

I'll argue for both of you. How long can they hold us?

Really? Well, once a contempt order proves to be futile, it's usually

But with this judge...

Helen.

Hi.

Glad to be meeting you here.

What are you doing here?

Actually, I'm delivering something.

From my mother.

A summons? And complaint.

She's maintaining you defamed her during my trial.

She's suing me. I tried to talk her out of suing you, but she of course thinks

I'm biased towards you due to my sexual attraction.

I told her nonsense.

One can have a crush and still be objective.

Don't you agree?

I would agree. Your conduct rises to the level of an assault.

You will be arrested within the hour, Mr. Bakey.

That's hostile.

It's been a week, Your Honor. Clearly, Miss Dole and Miss Wyatt aren't going to

reveal the location of the body. A week is nothing weighed against the stakes.

If we were talking about a live hostage, that would be one thing, but Cindy

Burns is dead.

Turn around and look at Cindy Burns' parents and tell them it means nothing

give their daughter a decent burial. My heart goes out to the parents, as does

Lindsay Dole's, as does Claire Wyatt's, but...

Lawyer -client privilege is sacrosanct. I don't want to hear it, counsel.

They can either tell us where the body is or go back.

Well, then, at a minimum, they deserve a hearing on the contempt issue. And

pending that, as a matter of law, bail has to be set.

I'll schedule a hearing for July the 1st.

Bail is set at $10 million each.

Cat. No bond.

Clearly a district attorney enjoys immunity for statements made during a

Qualified immunity, and there have to be boundaries.

Ms. Gamble basically accused my client of having a sexual relationship with her

son. Sylvia Bakey's reputation has been seriously stained.

She has been discharged from replaceable employment. The question was there.

Her ex -husband alleged child abuse during the divorce proceeding. She had

good faith basis to accuse my client of being a child molester. You don't know

what she knew, counsel, so... All right, hold on.

Look, I'm loathe to erode the immunity of district attorneys in criminal

but I have to agree with counsel.

We can't allow prosecutors to simply launch baseless bombs which can destroy

reputations without some good faith basis.

I'm going to allow the plaintiff to take discovery.

Your Honor. Come back with a motion for free judgment if you think they come up

empty, but I won't summarily kick it.

And Ms. Gamble, I'm extremely distressed to learn you issued an arrest warrant

for Mr.

Bakey. As you know, using the threat of criminal prosecution to discourage a

civil lawsuit is grounds for disbarment.

That arrest warrant is quashed.

And I'll trust you to use better judgment in the future.

That's all.

I'll make this go away. Don't worry.

Looks like we'll all be spending some time together.

Listen to me, Alan.

Ms.

Gamble is represented, Mr. Bakey. You're to have no communication with her.

What was that all about?

You're not going to believe it, Mom.

She's in love with me.

What? She just told me she had feelings for me.

Russell, may I have a word in private, please?

Yes, of course.

What are you doing?

My mother, she's insisting on suing her.

I tried to dissuade her.

I'm beginning to think she's not well, Jimmy.

Did you make a remark that you were sexually attracted to Helen Gamble? I

crime.

Tell me you've never thought about it.

Listen to what I'm saying, Russell.

Helen Gamble is a friend of mine.

If you're implying that I would hurt her, I'm very much offended, Jimmy.

Ms. Dole.

You're ready to go. The judge has had a change of heart.

Have a lovely day.

What about Claire?

She stays.

What? Why?

We consider her a bigger threat to society.

What?

They think they can crack you. I'm staying right here.

You don't have that right.

As her lawyer, I can certainly... Visiting hours are over. Guard, will you

please escort Ms. Dole out?

I would like to have a conversation with her before... You've had plenty of time

to talk.

I won't be telling you anything, you pig.

That's certainly your call.

As I said, have a lovely day.

They obviously feel they can wear her down if I'm not with her.

Physically divide and conquer.

Will they wear her down?

I don't think so. It's pretty tough.

Bobby, why won't you...

Yeah, never mind.

Why wasn't I what?

Well, I thought the point of you arguing this morning was to get a little added

emotion on our side. The husband fighting to free his wife.

And? And you pretty much argued like I was just another client.

You even called me Ms. Dole.

What's with that?

A little feeling would have been nice, don't you think?

A little feeling?

You're accusing me of not feeling?

What is that supposed to mean?

May I help you?

Delivery for Lindsay Dahl.

We'll talk later, okay?

What are you doing here?

I need to know what's going on.

Stanley, dangerous for you to show up here. That's why I'm disguised as a

messenger.

Where's Claire? They're still holding her. Evidently, they believe they can

appeal to her conscience.

I didn't mean to cause you these problems.

I owe you my life.

And now I'm causing you such problems. Claire and I will be okay.

But you?

You're going to get caught by coming here. Is it this judge?

He seems crazy.

What if...

He were to disappear.

What? I could make a delivery to him.

If you're even suggesting what I think you're suggesting, it's just... I owe

everything.

The thought of somebody causing you pain.

Stanley, you will not be making any deliveries to the judge or involve

in this in any way.

If you do, I will go to the police myself and turn you in.

Are we clear?

The idea of somebody hurting you.

Where?

Miss Dole, may I speak with you?

I'm afraid I can't.

It'll only just take a second. I believe I signed for the package, sir.

You may leave.

I know that you have your professional responsibilities, but I also know that

you're a mother.

And if I could just appeal to them... I'm sorry, Mrs. Burns, but I can't have

this conversation, and I must ask you to leave.

Please, tell me where my daughter is.

I really need you to leave.

You can't hold me like this.

And I have a Sixth Amendment right to counsel. You can't even legally talk to

me. Claire, your constitutional rights are only relevant should you be put on

trial. We don't plan to put you on trial.

Then why am I in jail?

Look, I know you're agonizing over this.

But believe it or not, the law allows you to tell us the location of the body.

In fact, in not telling us, you're possibly at risk for concealing

Are you threatening me now? No.

I'm just saying, you can legally follow your conscience here.

Also, maybe I'm talking out of turn here, but I'm going to say it anyway.

For criminal attorneys like Lindsay Dole and Bobby Donald and so forth,

reputation doesn't matter.

The only thing that counts is your win -loss record. But for civil attorneys...

which I believe is what you plan to be, reputation is everything.

And what you're doing now, refusing to reveal to grieving parents where their

deceased daughter is, your reputation may never recover from it.

Help yourself.

I'm trying to be your friend here.

Mr. Field, you're trying to get me to break privilege.

When it comes to a lawyer's reputation,

Nothing is more important than honoring attorney -client privilege.

It would disgrace me to violate it.

So don't pretend to be my friend here.

I'm telling you nothing.

You can keep me locked up here forever.

I'm telling you nothing.

Did you jump?

I'm not a mechanic, but I think you fluttered it a little.

Come near me again. I'll have you thought dead.

Try to help.

I talked to him once, Helen. Maybe you should go for a restraining order. With

what? He certainly had a right to be in the building. My car didn't start, so

what? Was it tampered with?

How would I know? Maybe I did flood it. I didn't dust the hood for his friends.

Helen, put the police on him. You have more resources than we do.

In which case, I'm accused of using the threat of prosecution to discourage a

civil lawsuit.

Come on, I'll be hauled before the bar.

But if you think he's threatening you... Eugene, I have no proof.

Without asking you to violate your attorney -client privilege, could you...

am I dealing with here?

Can you tell me that?

I'm in a lawsuit with them.

What exactly am I dealing with?

Look, if he does anything else, I go for the restraining order. It's his

mother's lawsuit.

He doesn't necessarily have the right to be in the room all the time. I'd like

to get a restraining order now, but I need more to get it.

Could you please give me something?

These are Cindy's parents, John and Marsha Burns.

Okay, that does it. Get me my lawyer. You don't automatically... I will scream

and continue to scream until I meet with my attorney. Do not think I am kidding.

I just want you to hear what they have to say.

It's one thing to incarcerate somebody. It's another to subject her to this kind

of blatant coercion. The parents just wanted to talk to her. Right.

There's nothing illegal about coercive interrogation, counsel. You just can't

use the fruits of it at trial.

The Sixth Amendment says all questions have to stop once a suspect asks for a

lawyer. That's not an evidentiary rule. It's in the Bill of Rights. Look, short

of physical torture, they can do anything they want.

If they want to use it as evidence, that's a different story.

But so far, your only remedy could be a civil lawsuit, in which case I'd say

good luck. This is an abuse of their discretion, Your Honor, and yours.

Tell somebody who cares.

If Claire Wyatt wants out, she knows what to do.

We're adjourned.

Any ideas?

Jamie's drafting an interlocutory appeal on abuse of discretion grounds. I'm not

sure we'll have any luck, but... Lindsay?

You listening?

What? Yeah, that sounds good. Let's file an appeal.

What are you looking at?

Nothing.

Did you tell my son you'd have him shot dead?

Mrs. Bakey, we're adversaries in a lawsuit. We both have lawyers. If a

threatens my son, I tend to be direct. You're here taking issue with me

threatening your son.

What? I'm supposed to be okay with it?

Your son's a serial killer.

You couldn't prove it to a jury, Miss Gamble. You will never prove it to me, I

assure you.

Well, I don't have to prove it to you.

You're the one person who knows he wasn't home alone with you those nights.

I didn't come here to fight, Miss Gamble. Just... Russell

swears to me that you threatened to have him shot dead. Did you really

say that?

I did, yes.

Did you also give him some indication that

you might love him?

What? You gave him no such indication.

I think not.

Mrs. Bakey, hold on.

So you're not here to confront me, but rather to determine whether Russell's

being honest with you.

Your son's been acquitted.

He can't be retried.

Double jeopardy prevents that.

Was he home with you those nights?

If you have a reasonable doubt, then I guess you agree with the jury's verdict.

I don't care about the jury's verdict.

Nor do I have any interest in prosecuting you for perjury.

It's understandable.

Any mother would want to protect her son.

But it would not be understandable to do so at the expense of others' lives.

Mrs. Bakey, what if he should kill again?

He's not a killer.

He's threatened me.

He approached me in the parking lot this afternoon with jumper cables.

I... Beg your pardon?

Yes. My car wouldn't start and suddenly here he comes offering to help me.

Mrs. Bakey, I received this message during his trial.

If you didn't send this, he did.

Whose idea was it really to sue me?

Yours?

Or his.

What else did she say?

It's what she didn't say.

If I read her correctly, I think it's now dawning on her.

Her son might actually be a murderer.

What good it does us now, I don't know, since he's already been acquitted.

What? What are you thinking?

There may be a way Do you think this woman would actually help us now?

I don't know She seemed pretty conflicted when she left my office Set

little settlement conference on your lawsuit There may be a way

Hey

Hey Lindsay

We seem to be in a stage of not communicating again.

Oh.

It's just a stage?

I'm sorry. I guess I should be relieved to know that you at least consider it a

problem.

Look at that.

I come in to talk and you start attacking me.

I'm not attacking you.

When's the last time we talked about anything?

You know what?

Forget it.

Ah. No, don't go ah. I came in here to talk.

For the record, you shut it down.

Not me.

And get this package out of here. It practically blocks the hall.

What package?

I think it's her.

What? I think that package is Cindy Burns.

Fourteen -year -old.

My client was upset about Claire being held, and he felt bad for the parents,

and... He sent you the body?

I don't know.

I don't know, but it doesn't say what it is or where it came from.

I just have a bad feeling.

Okay, come on, work.

Let's do more.

All clear.

Okay, let's open it up.

No, no, nothing.

No.

You didn't see anybody drop it off?

No.

I need you, and I need you for questioning.

I don't understand.

Why can't I be here?

Because it's a settlement conference.

Only the parties themselves may be present. Why is he here? I'm here as

Mr. Serial Killer.

It's okay, Russell.

It's okay.

They're planning to terrorize you, Mother.

I'll protect your mother, Russell.

Go ahead.

Mrs. Bakey, I think we're all on the same side here.

Feeling your son needs help.

What's going on here?

Is that what this is all about?

You said you had an offer. We do have an offer.

It would involve me retracting my defamatory comments.

It would involve us agreeing not to prosecute Mrs. Bakey for perjury.

But it would also involve Mrs. Bakey's full cooperation in preventing other

women from being killed and getting her son the medical help he so desperately

needs.

We're not talking about prison or jail.

We are talking about Russell being civilly committed.

Mrs. Baker, you will kill again.

I believe you know that.

In a package?

We'll talk about it later, Claire.

It was just delivered to you? Later.

Was it FedEx or regular mail? Later, Claire.

The bottom line is we can't do it without you.

The standard is so high.

How long would he go away for?

Could be as short as four days.

As long as six months.

And if it's determined that he still poses a danger, he could be held longer.

The main thing is to get him treatment.

Nobody here wants another death.

I just can't believe he did.

Those awful things.

The issue is whether he might do it. again.

We know you love your son, Mrs. Becky, but he needs you to step in now and be a

parent.

They're going to section 12 him. They're going to what? Section 12 him. What's

the section 12?

Civil commitment.

Who called you?

Russell called, confused as to why he had to suddenly go to court.

I called the clerk's office.

They're going to section 12 him.

How? What have they got? He's a wacko psycho.

That's what they've got.

He asked us to represent him. And you said no.

Eleanor, I don't like the guy, but this isn't right. What they're trying to do

here is... You said no.

I'll tell him no.

So who will represent him, then?

They'll appoint somebody.

I talked to Helen.

She really is freaked out by the guy.

How couldn't she be?

It's not like her to scare.

Okay.

Eight o 'clock.

It's late enough to go home.

What do you mean by that?

I mean by the time we go home, eat, get Bobby Jr. tucked in, we'll be close to 9

.30, 10.

We'll be officially too tired to talk and we can go to bed.

Putting off communication for yet another day.

You know why we put off communication, Bobby?

Because we have a son.

It's important to him that we be together.

That we be happy together. That we feel happy individually.

I mean, how would we ever go on putting all that if we actually address what's

going on between us?

Say what you have to say, Lindsay.

Okay.

I've been trying to get you to talk for a year.

You're the one always too tired, too overwhelmed by work.

I've been trying to get you to go to therapy. You say you don't believe in

Now, because I fail to tell you where some dead body is?

You're alarmed over our communication problems?

How do you figure me to understand that, to not be angry over it?

Think back.

Try to remember the last time you touched me.

Our sex life could be symptomatic of our communication problem.

That doesn't occur to you?

I flew an answer.

Here's what occurred to me.

You're not in love with me.

I may not be a mind reader, but I can certainly tell when...

Given your newfound commitment to the truth, let's just commit to it.

You're not in love with me.

Delivery for Lindsay Dole.

Get in here.

Bobby, give me a second with the flower man, would you?

Excuse me? He's a client.

I need a minute. It's private. Go.

Now, please.

All right, now, you listen. You don't talk.

You're to walk out that door and never come back.

You don't deliver any packages. Do I make myself clear?

Yes. You say you want to get help, but you don't really want that. What you

really want is to continue to live free.

But let me tell you, if that's your goal, do not, I repeat, do not have any

direct or indirect contact with me ever again because the police will be

watching.

Now go.

This is a complete end around Double Jeopardy.

If a person presents a likelihood of serious harm, the court may order him

confined to a mental facility for a period of... Where's the evidence that

poses such a likelihood? Three dead bodies.

And he's still prowling parking lots with jumper cables. Mr. Walsh, he was

acquitted of those crimes.

On the basis of an alibi which has now been recanted. I don't care.

As a matter of law, he stands innocent of those murders.

You certainly can't use those as evidence of guilt for the purpose of a

12 hearing. Your Honor, his own mother.

stands before you concerned about his mental health. Even she... If we started

locking up people on the face of concerned mothers, we'd all be in jail.

You have a copy of a message sent to Ms. Gamble, which message clearly

threatens... Where's the evidence that concludes he sent it?

Look, what are you trying to pull?

You lose the criminal trial.

You're just trying to take another whack at it with the civil proceeding, and

what do you have? A concerned mother?

She lives with him.

She loves him.

But now she's tumbled to the idea, my God, my son is a killer. He needs

help. He may kill again.

You're right.

We can't get him criminally, nor do we want to.

But nor do we want to sit back and wait for him to take another life.

Your problem is a little thing called the Constitution.

We don't take freedom away from a man based on fear alone. We require

We require proof.

Beyond all reasonable doubt, whether it's a criminal trial or a Section 12.

I would submit thousands of people are locked up on the grounds of fear.

Yes, we call them Arab Americans.

And if you're about to cite this country's despicable material witness

support for the government's right to incarcerate at will, I would submit that

you've severely misstepped. This man, as a matter of law, has been judged

innocent of three crimes.

You're actually in here trying to use those crimes as evidence against him to

have him locked up civilly.

That's outrageous.

I don't care how well -intentioned you are or how worried sick his mother may

be.

Your petition is denied.

We're adjourned.

Thank you. What you did was very brave.

Well, that's brave.

You betrayed me, Mother.

Russell. You betrayed me.

All right, Russell.

And you.

Aren't you afraid he might turn on you? No.

He's devoted to me.

And you, for that matter. I mean, he would never... What?

Excuse me.

Lindsay, maybe we could call the police.

Tell me why I shouldn't report you for stalking. I will go away forever.

I just couldn't leave on bad terms.

As I said, you saved my life.

I would do anything to either repay you or... And even though you don't care to

hear it, it's important for me to say it. It's important to me that you know

much I value your loyalty.

I suppose I would like to be friends.

But if you don't want that, I will honor your wish.

Stanley, we're not friends.

You were a client.

My loyalty to you derived from duty.

I don't want you to be in my life.

And I don't say that to hurt you.

See this woman?

She's my best friend.

My maid of honor. And this man is on the loose.

A threat to her life.

And how did he come into her life?

She's a DA and she was just doing her job.

You came into my life because I'm a criminal defense lawyer doing my job.

We want to do our jobs and then be left alone.

Can you understand that, Stanley?

Yes.

I'm going to say goodbye now, okay?

And you're going to honor that.

Honor that.

Okay.

I think we blew it by going in too soon.

Now, even if we get more, well, our credibility is suspect.

Only with that judge.

We'll shop around for somebody better.

You want protective custody?

He hasn't directly done anything to me or said anything.

But you're afraid.

You're talking about me, I hope.

What do you want?

I'd like to file a missing persons report.

I'm sorry?

My mother, she seems to have vanished.

I looked everywhere.

What have you done to her?

What have I done?

There you go, jumping to conclusions again.

Where is she?

I don't know, that's why I'm here.

Could you help?

She has to be missing at least 24 hours.

What's he saying? He could be for Cassius the crook.

I'd love it if you could begin searching.

I'm worried sick.

He's killed his mother.

I'm happy to go to therapy if you think that of me.

What do you think?

Lindsay, please don't get so critic.

Let's just have a conversation.

And don't fire back at me my track record for conversation. Let's just

clean. All right?

Let's begin with the premise that I've done everything wrong, and where do we

from here?

How do I start to get things right?

That was an incredibly dishonest thing to say.

What? Start with the premise you've done everything wrong.

You don't believe that?

Now, for a second, why start with the premise you believe to be a lie?

Why are you so angry?

I'm angry... at myself.

to even say it.

But pretending day after day after day that my husband's in love with me when I

know he's not.

For God's sake.

Of course I love you. I know you love me.

But... I miss being

adored.

I miss...

Look, the idea of splitting up is unmentionable for both of us. That's why

don't mention it.

Bobby, other than our son, it is so dead in this home.

It has been for a while.

Especially when you have young children.

Things have been flowed.

Do you always feel like you're in love with me?

No.

Do you ever?

Not lately.

Bobby, I don't think I would run.

aware of it at the time, but when I started my own firm, I...

I think I was beginning a

process.

Process?

Of leaving you.

Wrote that great book, Don't Be Embarrassed About S -E -X -R.

But he, uh, he backed out. He decided at the last minute he was uncomfortable

with women.

Well, I don't know.

Ted's not very good at that sort of thing. But, Mary, it's just talking.

well, it's just talking that Ted's not very good at. Mary, if I were in your

position, you know that I would do anything I could to help me.

Can I help you?

Special delivery for Russell Bakey?

Next on The Practice.

Your best chance at seeing freedom again is insanity.

What she did and what they can prove are two very different things.

Your husband received money as part of a family trust. And upon his death, that

money would go to Kevin. Yes. Would Nancy Healy have known this?

Why didn't you cross her better?

You were mush.

If I go away, who takes care of you?