Original subtitles

Previously on The Practice.

I would like to explore murder, too. That is a life sentence. I don't know

to tell you. We are going to lose here. We are dead.

Daddy, let me tell. Emma, we need to know the truth. Did you poison your

She was ruining everything.

The charges against Bradley Stanfield are dismissed.

I killed Molly.

As the case went south, Emma and I devised a backup plan, getting you to

that she did it. How do I let a 10 -year -old girl... Spend her life in juvenile

hall. I know about the little plan, and may I say I admire you. But now we have

to get our statement exactly right to protect you both against perjury. Did

trick this girl? I might have used a little trickery. This would be

Since Mr. Stanfield accomplished his mistrial through fraud, double jeopardy

does not attach.

Brad? Stanfield has been re -arrested for the murder of his wife and unborn

I don't believe you had nothing to do with this, Eleanor. I'm in here now, but

won't be for long.

We're in each other's lives, Eleanor.

You're not being treated by anybody.

Why should I be? Because God speaks to me. Did you hire her?

I've got to keep this woman close to me until I can persuade her to get back on

her medication.

So she works here? She will not draw a salary, and most importantly, we are not

to give her clients.

Ever. Massachusetts is a no -fault state. Your wife's infidelity is a non

-issue. She didn't just cheat on me, Miss Wilson. She did so with my best

friend. I have two young kids.

I'll represent you, Roland.

Sheila. I don't think we should just file a claim against her.

Sheila. Little newsflash. The kids aren't yours.

They're Richard's. Nancy. What?

So drop this case or you'll never see him again. I want to hurt her now.

We're going to try to get you full custody.

Promise me that. I promise, Roland.

Roland. I think I need a lawyer.

Holy Mary, Mother of God.

You found them like that?

What do you mean?

Certainly you don't think that I did it.

Miss Wilson, when you entered this room... They were... like that.

Oh, gracious Lord, we beseech you.

Remember not against them the sins of their youth and of their ignorances.

Our Father who art in heaven, hallowed be thy name.

The police want to talk to him, which I haven't allowed.

We're in a bit of a daze, Eugene.

And so is Sheila, for that matter. I mean, I really don't know what to do.

I'm almost there.

Do not let him speak to anybody.

Stay in the den till I arrive.

Well, I think we need to get him to a doctor.

Well, well, actually, maybe both of them.

Stay there.

Roland, look at me.

In a moment, Eugene Young will be here, and he is very good at this sort of

thing. I don't want to go to jail.

I can appreciate that.

This is wrong, Tara.

I called you here to help me, and you called the police.

That's not what I asked you to do.

Roland, you shot two people. I don't want to go to jail.

A little help?

Blessed are those who are persecuted for the sake of righteousness, for theirs

is the kingdom of heaven.

Blessed are they who hunger. I don't want to go to jail. Now I lay me down to

sleep. I don't want to go to jail.

Jail, jail, jail, jail.

Excellent.

Crazy how?

Mumbling prayers.

She seemed totally out of it, Alan.

Eugene wants us in.

Let's keep this between us, okay?

We're too late because Eugene witnessed something when he got there.

Splendid.

Okay, we got Roland Husser -Raymond at ten.

I'll take that.

Tara, since you seem to have some dialogue with the man, maybe you should

with me.

In regard to Jeanette Martin, what's that?

Mine.

My cousin.

She's a nun.

suing her parish for wrongful termination.

I said I'd help.

Why'd they fire her?

She's pregnant.

It's a dog, I know.

Reminder, decisions on whether we take cases or not ought to be run through me.

I'll get rid of it.

You all right?

Fine. Thank you for asking.

Clients blasted two people last night, perhaps you heard.

Yes, we spoke after.

You really okay?

I'm fine.

Criminal law clients turn out to be criminals on occasion. Funny thing.

Alan, maybe you and I need to get together after this. Boom!

Well, I mean, I wasn't there when the shooting happened, you know, but I

it sounded something like that.

Boom! Right in the chest.

We can't let her practice.

Work is her best conduit to sanity. She's in there going boom.

She's committed no malpractice. Alan, we can't wait for that to happen.

Don't give her cases.

Please, don't take her job away.

Especially... She just left.

Who? Sheila.

To cover Roland's arraignment.

Oh, come on.

One tiny little mistake.

Jimmy? Could you cover the phones until I get back?

Can I cover the phones? Do I look like an assistant?

That was hostile.

Eleanor.

Hey, Walter.

Got a minute?

Sure.

What's up?

I now represent Brad Stanfield.

Excuse me? He just retained me.

Wow. I'm surprised he could afford you.

Well, I asked for the case.

What Alan Shore did here was unconscionable, and I know you share

which is why I've come to ask you to join me.

Join you in... I've brought a motion to suppress Mr. Shore's statement, as well

as the ensuing statement from Mr. Stanfield's daughter, on a poison fruit

theory.

Can I count on you?

Look, this puts me in a very difficult position. I realize that with Mr. Shore

working here. But at your core, you're a defense attorney.

And this whole thing has to shock your conscience, as it does mine.

Walter, I don't want Brad Stanfield to get out.

I'm embarrassed to admit this, but... I'm afraid of him.

Afraid of him?

Look... Alan Shore had a technical right to reveal what he did. Plus, his

conduct wasn't state action. How can you bring a motion to suppress? I'm not

here to argue the merits with you.

I'm appealing to a fellow defense attorney, a fellow civil libertarian,

asking you to stand up against what you know was a constitutional atrocity.

I'm sorry, but I don't want him out.

I'm his lawyer.

You're also a potential witness.

I didn't see anything.

Sheila. I didn't even hear the boom. This is a double murder trial. It's best

let Eugene handle it. Your experience in criminal law is limited.

Commonwealth versus Roland Huff.

Double homicide.

Eugene Young for the defendant.

Wave reading. Plead not guilty.

It's my first criminal. Let Eugene do this. It's not fair. Sheila. Defendant

ordered held without bail. Does defense want a preliminary hearing?

Yes, Your Honor.

November 7th.

Next case, please.

A recall, John Doe. We're still waiting for a public defender on that.

You need to get me out.

We'll see you back in custody. Continue to say nothing to anybody.

Mr. Shore, Mr.

Antitrust Lawyer, I'm drafting you into the world of pro bono law.

Excuse me?

Meet your new client, John Doe.

Your Honor, I'm here on another matter.

Yeah, well, now you're here on this one.

See Mr. Doe and lock up, then let's talk.

Next case, please.

Great. I can do it.

No. Sheila, go back to the office. I'll see you there.

What have we got?

Indecent exposure.

He cleans toilets at the Transportation Authority and then gratifies himself.

I'm not making it up.

3216 Commonwealth versus Mitchell Penner.

Felony count of mishandling a corpse. Here's the file.

That's also mine, Your Honor. Did you say mishandling a corpse?

The defendant is a taxidermist. Police received a report from one of his

employees that he was stuffing a human head.

Now, in that this could develop into a murder case, we'd ask that Mr. Penner be

held without bail.

Are you represented, sir?

No. I can't really afford a lawyer.

Sheila Carlisle, Your Honor, I'll do it. Dear God.

The Commonwealth wishes to charge murder, let them do so, but to hold my

without bail on, what is it, felony head stuffing?

Sheila. One second. I'm not sure a law's even been broken here. Massachusetts

requires all bodies and portions thereof to be buried, entombed, or cremated.

The law also allows that citizens may will their body parts to family members

learning institutes for study. I refer you to MGLA.

113, section 10. You're talking about organ donation.

No, you are. The language is silent on that.

Suggesting a conflict of legislative intent over whether or not the living

determine how their bodies are used after death. There's no conflict. I'd

call your honor's attention to a Pennsylvania case, Commonwealth v.

Brown, where a defendant invoked the First Amendment, claiming he was using

remains as art.

Whose head was it, Mr. Penner? Don't answer that.

Counsel. If he doesn't answer, I'm not granting him bail. Surely your honor

doesn't mean to leverage bail against my client's Fifth Amendment right. He

won't even tell us where the head is, your honor.

Mr. Penner stays in custody until he reveals whose head it is and where it

The police beat you up?

Yes.

Who are you, sir?

Never mind that. You tell them. If they don't drop the charges, I'll file a

brutality claim. I'm not sure that's a winner.

You need to get me out.

Mr. Doe, I can probably get you released, but not without your identity.

Well, they ran my prints. They know I have no record. Even so, given your

infraction. Please, get me out.

I started getting very angry feelings when she told me.

She told me my children weren't really mine.

Then I started feeling funny.

I didn't like how I was feeling at all.

Okay, first thing, we're going to have you meet with some doctors. The most

logical... I don't like it when I feel like that.

Roland, listen to me here.

The likelihood is that we'll plead insanity. They were fornicating in my

again. I understand.

But it's very important that you don't talk to anybody but us and the people we

say it's okay to talk to. And we're in it for the long haul here, but we have

good legal options.

Do not compromise them by speaking to anybody, not even fellow prisoners who

might seem sympathetic.

Are you clear?

I still love her, you know.

I shot her.

I love her.

She took a case. She ran up and got herself appointed, Eugene. I couldn't

her. What do you mean you couldn't stop her? Why? The judge assigned me a case.

While I was dealing with that, she dashed up and got one of her own.

What kind of case?

Mishandling a corpse.

She was surprisingly current on the law, by the way. And what's your case?

Serial toilet cleaner.

Jamie, are you free to back Sheila?

Actually, no. I have a settlement conference.

Jamie. Can't. I have a 12 o 'clock meeting with a mother superior.

Tara.

Me? Uh -huh.

How crazy is she?

Well, in the courtroom, she's been nothing short of brilliant.

But seeing dead bodies can rattle a person.

Especially if you feel somewhat responsible.

And what? Why would she feel responsible?

Because Roland was dropping little clues about his anger, and it's possible that

we should have seen it coming.

It might have pushed Sheila over the edge.

A little.

And how are you dealing with it?

Me?

I'm fine.

Young, fresh and blooty.

Please hold.

Jamie, do you mind taking calls if they're for you?

You know, you and I are going to need to steal a little private time.

I'd love that.

The problem is that you've broken three separate laws, Mitchell.

They can't prove it with a human head.

It's the word of one disgruntled employee.

Was it human?

You can tell me. I'm your lawyer.

Mitchell, are we dealing with a human head here?

Yes.

Okay.

And can we rule out foul play?

She died of a coronary.

I have the death certificate.

It's my mother.

How'd you get your mother's head?

I dug her up.

Why?

Because I don't think it honors a person to stick her head in dirt.

If I tell them it's my mother, they'll find her and take her away.

And where is she?

My den.

She's mounted on the wall.

They're going to get a warrant, Mitchell.

It's only a matter of time before they find her.

Then you need to help me.

Her head... It's all I have left of her.

Please don't let them take her away from me.

Please.

Look, I'd love to help you, but I can't let the guy go if I don't even know his

identity. What if he pays court costs?

We need his name, and you know that.

No.

Then they're gonna hold you.

Indefinitely? Yes.

I have a family.

Kids.

They're gonna think I'm dead or something.

Why don't you call them?

Look.

Tell me your name.

That stays privileged.

I'll get probation to run it under the pretext I'm looking for something else.

And if you don't have a record? I don't.

Maybe I can go to the DA and vouch for you.

They'll take your word? Well, that would be the challenge.

But it's certainly worth a try.

John, or whatever your name is, for me to help you, you have to trust me.

My name is Russell Fosterling.

I'm an investment banker, one of considerable prestige.

Mr. Fosterling, why do you like to clean toilets?

I just like to clean.

Did the guards beat you up?

No.

I did it to myself.

I was so ashamed.

Wanted to make myself unrecognizable at arraignment.

I'm begging you.

Mr. Shore, please get me out before...

My life will be over if this becomes

public. Please.

Walter Pine is representing him?

Yes. Motion to suppress this isn't state action.

That's what I said.

You don't actually think he could get out, do you?

Eleanor, even if... He's not a danger to you.

There's something... He said that he would be walking away.

Like he knew it.

That it was the beginning, that we were in each other's lives. It just shot

through me.

Eleanor, he's not getting out.

You think you're funny.

Well, I amuse myself, Tara, but... Don't amuse yourself at my desk, Alan.

What's going on?

He downloaded some sexually deviant website and left it there for me to see.

It's part of a file.

And it's research.

Research? Yes, on a case. I didn't mean to leave it there for you to see. Well,

then why couldn't you do it at your own desk?

Because my desk is across town in a corner office with a spectacular view.

And besides, I like your desk.

It's research.

My office is second.

You seem wound a little tight.

Before this, you were going after Jamie.

Why? Is she off limits?

You saw two homicide victims last night. I'm fine.

Yeah, I know you're fine.

I know all about being fine.

When I was a private detective, I saw a lot of gruesome stuff, and the only

constant was that I was fine.

It catches up to you, Tara.

Take my word on that.

Now, you have a support system in this office.

I hope you know that.

Thank you.

I'd like to keep you on Roland's case.

Do you think you're up to it?

So you can recuse me as a witness?

No, because I can use you.

Do you think you're up to it?

Yes Thank you What

was that about?

It was about Tara You need something?

No

What do you mean you know her?

I do.

I've known her all my life.

What's more, she just came to me again two nights ago.

Eugene?

What's wrong?

Oh, nothing.

Everything's wonderful.

The head stuffed by Sheila's taxidermist client is actually the head of St.

Catherine. A saint that has been visiting Sheila much of her life. She

recognized it.

You saw the head?

Yes, and we cannot let her fall into the hands of the state.

She's in your office.

What do you mean she's in my office? The head is in my office? Yeah.

I'm sorry, but it was the environment with the highest stature, at least in

firm, where I'd like to maintain her.

She'll watch over us, Eugene.

She can watch over all of us.

You would pay full court costs, plead guilty.

So it goes on my record.

Yes, but the DA has agreed to make a joint recommendation that the conviction

sealed. The judge still has to approve, but... I have to give the DA my name.

Yes.

You committed a crime. You have to have a record, but it'll be sealed.

As long as you don't commit another crime, it'll stay sealed.

Mr. Fosterling, it is your best out.

It's also the very best I can do.

My face.

What will I tell people? That you were mugged.

Or in an accident and hospitalized.

Whatever you want to tell them.

I apologize.

Hello.

What?

Whose head?

For double jeopardy to be undone here is ludicrous.

Attorney client privilege is the oldest of all common law privileges.

Mr. Pine is ignoring rule 1 .6b1.

one which allows disclosure of privileged information to prevent the

incarceration of another.

In this case... I don't ignore it.

I say it doesn't apply.

Rule 1 .6b1... This man killed his pregnant wife and then... I object to

button being pushed as if it were a point of law.

And while we're talking about fraud, Your Honor, Mr. Stanfield may very well

have duped his lawyer and all the players in his trial, but Alan Shore...

defrauded our criminal justice system, a much more egregious transgression. Mr.

Stanfield orchestrated a mistrial.

He played his attorneys to approach the judge's offices of the court. He used

them as conduits to defraud the system Mr. Pine holds so dear.

Brad Stanfield walked free as a double murderer while his 10 -year -old

was put in jail.

Since Alan Shore didn't like that, he said, to hell with the rules, to hell

attorney -client privilege.

If this court says okay to that,

The Sixth Amendment right to counsel is obliterated.

Mr. Stanfield, stand up.

I want to know exactly what you said to Ms. Frum.

Forgive me, Your Honor, but privilege may not extend to what I say to you in

open court.

You seem to be quite savvy on the law, sir.

I certainly understand the Sixth Amendment, and I relied on it when

Eleanor Frum.

Did you rely on Ms. Frutt to act as an officer of the court to help carry out

your fraud?

I relied on her to uphold the law to her best ability, as I rely on you to do so

now.

Where is she?

Eugene's office with her shrine.

Ellen, I'm on it.

Sheila? Look at her, Alan.

Isn't she incredible?

I don't have the words.

When I was a very young girl, she used to come to me in visions.

She used to give me advice and watch over me.

Then she went away.

Three years ago, she appeared to me again.

Her name's Catherine. She's a saint.

Sheila, it's a head.

She looks at home in this room.

Doesn't she look at home?

Okay.

Visions and wanderings headless.

Completely aside, MGLA Chapter 114, Section 43M does not permit her display

here. Plus, you have a client in custody who I believe needs this as evidence.

The complainant witness ID'd my client's deceased mother.

The death certificate confirmed natural causes. My client was cleared of

homicide. We paid the fine, pled guilty, accepted probation. He's home, happy

his mother is in a place of honor.

But you're committing a crime now.

Technically, I'm studying her.

pursuant to Chapter 113, Section 10. You're not a learning institution. This

a health code violation.

And under Chapter 272, Section 71... You're making her angry. Get out.

You're off on the law, Sheila. Get out! You're off on the law. Get out!

I

need

you to be a good lawyer here.

Catherine doesn't want that right now.

I don't think she likes being draped.

I draped her, Sheila, because I need you to look at me now.

Sheila, without arguing the merits of our separate realities, I represented to

the people here that yours would not interfere with their practice.

In fact, I went so far as to say, once you entered the arena of law, your

sensibilities were beyond reproach.

I can no longer say that, Sheila.

I no longer believe it.

You are incompetent to practice.

Do I not win my cases?

All of them? Even this one?

I got a good result from my client who is very pleased.

I spoke to your doctor.

On whose authority?

And he thinks your situation has been exacerbated by trauma.

He strongly believes you need to be on medication.

That doesn't work for me.

Sheila. That does not work for me.

Then you need to leave.

You can't work here.

I feel like I just settled in.

You are a dear friend.

And I love you.

But unless you get treatment... Please.

Just give it a week.

You watch.

Catherine will bless all of us. I promise you.

You need to leave here.

Then I'll go.

Sheila.

I'm going, Alan.

Be seated.

I have studied.

Rule 1 .6, and it does indeed allow for lawyers to violate privilege to prevent

the wrongful incarceration of another.

No lawyer has ever done this before, but the rule is there, which I suspect

saved Mr. Shore from disbarment.

To use the disclosed information in a subsequent trial, however, I agree with

Mr. Pine.

There's no authority for that.

I also agree the Sixth Amendment would be meaningless if we let lawyers give

evidence against their clients.

Mr. Schor's statement is quashed, as is that of Mr. Stanfield's daughter, which

constitutes poisonous fruits.

The question becomes, do we then just retry Mr. Stanfield with the old

That seems to make sense.

Problem is, overturning double jeopardy here...

would still rely on giving Mr. Shore's disclosure legal teeth.

And due process just won't allow me to do that.

I'm holding that double jeopardy therefore attaches to the first

As a matter of law, Mr. Stanfield cannot be tried twice for the same crimes.

He is therefore free to go.

I'm not going to make a scene.

You won.

Congratulations.

This is the final chapter, Brad.

Story over.

You and I are not in each other's lives.

No hard feelings, Eleanor.

If you can't take my hand, Eleanor, how can I trust that we've resolved our

differences?

If I should be sued civilly, I will, of course, expect you not to give testimony

against me.

That would open up another chapter.

All right, Fran.

Obviously, I'm gratified.

We have a judicial system that values the Constitution as intended by our

founding fathers.

It's rewarding to see the court...

prioritize those principles over the lawlessness of one aberrant attorney.

I

don't

think I can survive in this place.

We're going to try to get you the fastest trial date possible.

Before Christmas?

I need to be with my kids for Christmas.

Can they get me bail for Christmas for my kids' sake?

They have no mother.

Well, that appeal usually doesn't work for the defendant who killed the mother.

Am I ever going to get out?

What we propose is to argue insanity, and we think we can make a strong case

there. Tell me you'll get me out.

I need to know I'll get out.

Roland...

We're going to get you out.

You promise?

We promise.

You understand if you violate probation, we can go back and impose time.

Yes, sir.

You're getting an enormous break here, Mr. Fosterling.

For this matter to be sealed, you're very fortunate. This is a special favor.

I appreciate that, Your Honor.

Why do you clean toilets and then... If

I may ask?

I don't think that's relevant, Your Honor. It's relevant to me.

It was for personal reasons.

Personal reasons.

It's a bit different from your antitrust clients, huh, Mr. Shore?

Can you look at me, sir?

It won't get out.

I appreciate your help.

Certainly I expect to pay you for your services.

Mr. Fosterling, I have a book.

It's a case study.

Diagnostic Statistical Manual of Behavioral Anomalies.

And there's a case in here that talks about a person being sexually stimulated

by men's rooms.

It's included an affection paraphilia not otherwise specified.

I offer you this because I detect a fair amount of...

self -loathing.

And I don't think you're sick, Mr. Fosterling.

I think you're peculiar.

But a lot of us are quite peculiar.

And maybe with a little help, you could find a way to continue to enjoy

yourself that doesn't make you hate yourself.

I could use a book.

And I wish you well.

Mr. Shore.

Thank you.

Not just this jurisdiction or First Circuit. I want to see every insanity

in the country where jealousy was the motivating factor.

Tara, I want you to focus on the legal research.

Jamie, you start lining up doctors. I want to move fast on this because I

think Roland's going to hold up well in jail.

Jamie, for fun, I want you to go through the incident reports, forensics.

Give me an opinion as to whether we got any shot on the elements. No sense in

going insanity if we don't have to.

We all clear?

Good.

I have a couple of sites I can give you to get you started.

Thanks.

Jamie?

Sorry.

It's been one of those weeks.

I get it.

Listen, if you need to talk, try Eleanor.

They took it. They just marched in here and seized it. Can you believe it?

Well, you don't actually need the head of St. Catherine, do you? It's her

that matters most.

You really think I'm nuts, don't you?

You've had your moments.

Sometimes I envy the world you live in.

You're so sweet.

Sometimes I think you and I would make for great lovers.

You're not getting out of my life now, Sheila.

Only this office.

You and I will still...

I'm

always here for you.

I better go.

Say goodbye to the group.

Yeah.

Don't everybody look so sad.

I'll be... Thank you

so much.

You've all been incredibly generous with me, and... Tara, I

loved trying our case together.

Eugene, you're a good boss.

Jimmy, hang in there with your nun case, okay?

Though the church can dismiss her under canon law, the fact is they often don't

dismiss priests for having sex, which means, in truth, they're probably firing

her for being pregnant, which is a direct violation of Title VII, Klein v.

Catholic Diocese of Toledo.

Thanks.

Anyway, you are all such kind and charitable people, and though I haven't

you long,

I will miss you.

We'll stay in touch, right?

We shall.

The Foremans make room for Hyde in their lives and in their home. Global's got

some 70s -style family bonding next on That 70s Show.

You dig?