1 00:00:02,033 --> 00:00:04,000 Previously on The Practice. 2 00:00:04,066 --> 00:00:06,533 - I think we should take it. - Sorry, Jimmy. 3 00:00:06,600 --> 00:00:09,200 - I think we should take it too. - What? Why? 4 00:00:09,266 --> 00:00:11,866 Because 11 people in a two-mile radius got cancer. 5 00:00:11,933 --> 00:00:14,000 Dates scare me, 6 00:00:14,066 --> 00:00:17,400 especially the first-kiss part. 7 00:00:17,466 --> 00:00:20,833 We both agreed, if either of us met somebody who could-- 8 00:00:20,900 --> 00:00:24,533 It doesn't bother you? I'll make do with the memories. 9 00:00:24,600 --> 00:00:28,400 Maybe we should celebrate that we were able to keep the secret, 10 00:00:28,466 --> 00:00:30,600 and it was some secret while it lasted. 11 00:00:33,900 --> 00:00:36,033 [ Shower Running ] It's a summary judgment hearing. 12 00:00:36,100 --> 00:00:39,300 All you have to do is show some dispute of fact. 13 00:00:39,366 --> 00:00:41,966 Jimmy, it's 10:00 at night. I'm tired. 14 00:00:42,033 --> 00:00:44,033 I'm gonna take a shower and go to bed. 15 00:00:44,100 --> 00:00:46,600 I'll call you in the morning, okay? Bye. 16 00:00:49,066 --> 00:00:51,166 Oh, great. 17 00:00:55,266 --> 00:00:57,200 - Sorry. - Oh, it's okay. 18 00:00:57,266 --> 00:00:59,333 Gave me more time to lather. 19 00:01:11,933 --> 00:01:14,466 [ Moaning ] 20 00:01:22,966 --> 00:01:24,933 [ Grunts, Groans ] 21 00:01:25,000 --> 00:01:26,966 [ Chuckles ] Are you okay? 22 00:01:27,033 --> 00:01:29,733 Yeah. Don't you hate it when that happens? 23 00:01:29,800 --> 00:01:32,333 Mmm. Mmm. 24 00:01:34,133 --> 00:01:38,000 [ Panting ] 25 00:01:38,066 --> 00:01:40,200 Oh. Bobby, turn it off. Huh? 26 00:01:40,266 --> 00:01:43,500 The shower. The shower. Oh. 27 00:01:43,566 --> 00:01:46,200 Okay. Okay. 28 00:01:49,000 --> 00:01:50,966 [ Phone Rings ] Oh. 29 00:01:51,033 --> 00:01:53,466 Uh, don't, uh-- uh, get that. 30 00:01:53,533 --> 00:01:55,366 Uh, hello. 31 00:01:56,600 --> 00:01:59,366 You gotta be kidding me. 32 00:01:59,433 --> 00:02:01,366 Cowley? 33 00:02:01,433 --> 00:02:04,433 This is for the Isikoff warrant, right? 34 00:02:04,500 --> 00:02:06,800 Well-- 35 00:02:06,866 --> 00:02:10,000 Well, I think he still passes Aguilar on the facts. 36 00:02:10,066 --> 00:02:12,233 You don't have to put that in the proffer. 37 00:02:12,300 --> 00:02:15,233 All right. Let me know. 38 00:02:17,766 --> 00:02:20,100 Problem? A big search warrant. 39 00:02:20,166 --> 00:02:25,333 Our informant has suddenly revealed he was Abraham Lincoln in a past life. 40 00:02:25,400 --> 00:02:28,000 You think we need to disclose that to the magistrate? 41 00:02:29,333 --> 00:02:32,800 Well, let's-- let's get out our criminal... 42 00:02:32,866 --> 00:02:36,066 procedure... books. 43 00:02:39,500 --> 00:02:41,333 Let's review. 44 00:02:54,966 --> 00:02:56,533 [ Line Ringing ] 45 00:03:03,866 --> 00:03:05,333 [ Cell Door Opens, Closes ] 46 00:03:11,233 --> 00:03:15,766 [ Sirens Wailing ] 47 00:03:31,158 --> 00:03:33,524 [ Thunder Rumbling ] 48 00:03:54,791 --> 00:03:58,324 What's the emergency? Our big dealer in Jamaica Plain. Is his name Isikoff? 49 00:03:58,391 --> 00:04:00,991 Bobby, you said I wouldn't have to do-- This isn't about that. 50 00:04:01,058 --> 00:04:03,724 I just want to know, is his name Isikoff? John Isikoff. Yeah. Why? 51 00:04:03,791 --> 00:04:06,824 We took his retainer? Took his retainer? We pay our rent with the interest. 52 00:04:06,891 --> 00:04:08,991 So we still do represent him? Somewhat. 53 00:04:09,058 --> 00:04:10,891 Oh, no. What? 54 00:04:10,958 --> 00:04:13,024 He's about to get raided. He is? But who-- 55 00:04:13,091 --> 00:04:15,591 Helen got a call last night. Trouble with an informant. 56 00:04:15,658 --> 00:04:18,858 It was a warrant for Isikoff. You were at Helen's? 57 00:04:18,924 --> 00:04:21,291 Maybe it was another Isikoff. A different one. 58 00:04:21,358 --> 00:04:23,024 Bobby, "Isikoff" isn't very common. 59 00:04:23,091 --> 00:04:25,658 We just happen to represent one who's a major cartel player. 60 00:04:25,724 --> 00:04:27,958 The D.A. just happens to have one scheduled for a raid. 61 00:04:28,024 --> 00:04:31,124 I would make a wild guess that it's the same guy. [ Sighs ] 62 00:04:31,191 --> 00:04:33,058 So what do we do? 63 00:04:33,124 --> 00:04:35,691 - We let him know. - Yeah, but I got the information by-- 64 00:04:35,758 --> 00:04:37,658 It doesn't matter how you got it, Bobby. 65 00:04:37,724 --> 00:04:41,191 You got knowledge that a client is about to get raided. We can't not tell him. 66 00:04:41,258 --> 00:04:44,291 I don't believe this. 67 00:04:44,358 --> 00:04:46,358 You'd better notify this guy fast too. 68 00:04:46,424 --> 00:04:49,924 If this is goin' to the magistrate today, the raid won't be far behind. 69 00:04:52,224 --> 00:04:54,324 Basically, it's a legal motion. 70 00:04:54,391 --> 00:04:57,524 They're claiming, as a matter of law, we can't win. 71 00:04:57,591 --> 00:04:59,658 So they're asking the judge to kick it. 72 00:04:59,724 --> 00:05:01,624 But you expect us to get by it. 73 00:05:01,691 --> 00:05:05,058 Well, we expect to because the benefit of the doubt goes to the plaintiff. 74 00:05:05,124 --> 00:05:06,624 - But-- - But what? 75 00:05:06,691 --> 00:05:10,291 But Judge Walsh is famous for trying to keep the docket down. 76 00:05:10,358 --> 00:05:14,158 He practically crusades against, well, dubious claims. 77 00:05:14,224 --> 00:05:18,224 And us getting cancer? We shouldn't waste the court's time? 78 00:05:18,291 --> 00:05:23,824 It's not that. It's the connection between cancer and power lines. 79 00:05:23,891 --> 00:05:26,824 Isn't that what a trial is for? To prove our case? 80 00:05:26,891 --> 00:05:29,924 The truth is, judges are becoming more inclined to toss out cases they don't like, 81 00:05:29,991 --> 00:05:32,558 and this judge in particular-- 82 00:05:32,624 --> 00:05:35,091 [ Jimmy ] We expect to survive this. 83 00:05:35,158 --> 00:05:37,791 But it's no lock. 84 00:05:51,258 --> 00:05:53,091 [ Horn Honks ] 85 00:06:00,324 --> 00:06:03,791 What's the matter? You know a guy named Cowley? 86 00:06:03,858 --> 00:06:07,391 Jackie Cowley. Why? The D.A.'s gone in to get a warrant. 87 00:06:07,458 --> 00:06:09,924 You're about to get hit, maybe any second. 88 00:06:09,991 --> 00:06:13,791 What are you talking about? As we speak, you're about to get raided. 89 00:06:20,158 --> 00:06:22,691 Helen. Hey. 90 00:06:22,758 --> 00:06:25,158 So, Bobby was over last night, huh? He told you? 91 00:06:25,224 --> 00:06:27,758 Well, not really. It kind of slipped out. How'd it go? 92 00:06:27,824 --> 00:06:30,358 You mean, how far did it go? Yeah. How far? 93 00:06:30,424 --> 00:06:34,524 Well, all I'll say is, anything further would be uncharted territory for me. 94 00:06:34,591 --> 00:06:36,658 Really? I mean, for you-- Don't even go there. 95 00:06:36,724 --> 00:06:38,724 So he-- I mean-- It was good? 96 00:06:38,791 --> 00:06:40,758 It was huge. Yeah. I don't know what happened. 97 00:06:40,824 --> 00:06:43,324 But for a guy who was so stuck in neutral-- 98 00:06:43,391 --> 00:06:46,291 Maybe he went out and hired a surrogate to get himself unstuck. 99 00:06:46,358 --> 00:06:48,724 [ Laughing ] 100 00:06:49,791 --> 00:06:51,558 Huh. 101 00:06:53,258 --> 00:06:57,058 - You think you could have been any more discouraging? - Sorry? 102 00:06:57,124 --> 00:07:00,591 I'm trying to prop these people up, give them somethin' to hope for a little. 103 00:07:00,658 --> 00:07:03,458 - Why? - Why? 104 00:07:03,524 --> 00:07:07,491 Yeah. Why? This case is a Hail Mary, Jimmy. They gotta know that. 105 00:07:07,558 --> 00:07:10,624 You go into somethin' thinking you're gonna lose, you usually lose. 106 00:07:10,691 --> 00:07:12,758 That's my experience. 107 00:07:12,824 --> 00:07:15,158 I want that judge to look out there and see people... 108 00:07:15,224 --> 00:07:17,724 who feel they have a right to be sitting in that courtroom, 109 00:07:17,791 --> 00:07:20,924 not people apologizing for taking up his time. 110 00:07:20,991 --> 00:07:23,091 I understand that, Jimmy. I do. 111 00:07:23,158 --> 00:07:26,491 But the best way to accomplish that is by telling your clients exactly that. 112 00:07:26,558 --> 00:07:30,091 - Don't mislead them. - If you don't wanna be with me, you don't gotta be with me. 113 00:07:30,158 --> 00:07:32,624 Okay. Fine. 114 00:07:32,691 --> 00:07:36,691 - So, does that mean you're with me or not? - Yes, Jimmy, I am with you. 115 00:07:36,758 --> 00:07:39,458 Bobby? Bobby, come look at this! 116 00:07:39,524 --> 00:07:41,491 What? Just hurry! 117 00:07:41,558 --> 00:07:44,391 [ Man On TV ] Janet, what can you tell us about what's happening down there? 118 00:07:44,458 --> 00:07:48,924 At this point, three officers have been confirmed dead, as well as two suspects. 119 00:07:48,991 --> 00:07:52,391 A third man, identified as Jack Cowley, was also killed, 120 00:07:52,458 --> 00:07:55,924 but police think this was an execution-style hit. 121 00:07:55,991 --> 00:07:58,091 He was found inside a body bag. 122 00:07:58,158 --> 00:08:02,091 The two wounded suspects were taken to Saint Elizabeth in critical condition. 123 00:08:02,158 --> 00:08:04,958 Any reports on what caused the shoot-out, Janet? 124 00:08:05,024 --> 00:08:08,158 Well, it seems it started off as a routine drug raid, 125 00:08:08,224 --> 00:08:10,791 but police believe the suspects were tipped off. 126 00:08:10,858 --> 00:08:15,291 They were waiting with guns, packing up, trying to get out, when the police arrived, 127 00:08:15,358 --> 00:08:18,158 and they had a lot more firepower than the police. 128 00:08:18,224 --> 00:08:21,191 It was a gruesome bloodbath here, Tom. 129 00:08:23,658 --> 00:08:26,558 I'm Mr. Isikoff's attorney. Nobody goes inside. 130 00:08:26,624 --> 00:08:30,091 Well, I'm sure my client wants to see his lawyer. Why don't you go ask him? 131 00:08:30,158 --> 00:08:32,991 Bobby? Hey. Mike. 132 00:08:33,058 --> 00:08:35,758 Um, I'm sorry to hear about your men. 133 00:08:35,824 --> 00:08:39,058 Yeah. I should see him. 134 00:08:40,491 --> 00:08:42,624 Let him in. 135 00:08:44,058 --> 00:08:47,658 [ Machinery Beeping, Hissing ] 136 00:08:56,958 --> 00:08:59,624 I told them that you're represented by counsel. 137 00:08:59,691 --> 00:09:01,624 They've been instructed not to ask you anything. 138 00:09:01,691 --> 00:09:03,591 But three cops are dead, 139 00:09:03,658 --> 00:09:08,024 so I'm not expecting your constitutional rights to have top priority. 140 00:09:08,091 --> 00:09:12,391 John, I may stick a man in here. We'll see how it goes. 141 00:09:12,458 --> 00:09:16,191 For now, you just-- just concentrate on getting stronger. 142 00:09:28,324 --> 00:09:30,058 This man's your client? 143 00:09:32,091 --> 00:09:33,991 Yeah. 144 00:09:41,758 --> 00:09:44,158 [ Woman On P.A. ] Dr. Ramirez, Ward 318. 145 00:09:48,558 --> 00:09:50,691 [ Elevator Bell Dings ] 146 00:09:50,758 --> 00:09:52,824 [ Elevator Doors Closing ] 147 00:09:58,758 --> 00:10:01,924 Are you okay? No. 148 00:10:01,991 --> 00:10:03,824 What's goin' on? 149 00:10:05,591 --> 00:10:08,058 I think I know the source of the tip. 150 00:10:10,158 --> 00:10:12,124 Bobby Donnell. 151 00:10:12,191 --> 00:10:14,058 How would he have known? 152 00:10:15,424 --> 00:10:17,524 I think I told him. 153 00:10:20,424 --> 00:10:23,158 A review of the depositions and interrogatories reveals... 154 00:10:23,224 --> 00:10:25,924 there are simply no facts to support the claim... 155 00:10:25,991 --> 00:10:28,824 that electric and magnetic fields cause cancer. 156 00:10:28,891 --> 00:10:31,691 Your Honor, the complaint states paragraph after paragraph... 157 00:10:31,758 --> 00:10:34,224 of factual facts which support the claim. 158 00:10:34,291 --> 00:10:39,258 At trial, we intend to offer evidence in support of these... factual facts. 159 00:10:39,324 --> 00:10:42,991 Well, we could allege the alignment of the stars as a possible defense, 160 00:10:43,058 --> 00:10:46,024 and I suppose that, too, would be a factual fact in dispute. 161 00:10:46,091 --> 00:10:48,424 I don't think you have to get like that. 162 00:10:48,491 --> 00:10:50,691 Actually, Mr. Berluti, I'm afraid I do. 163 00:10:50,758 --> 00:10:54,524 And this brings me to the portion of today's argument that I don't find pleasant-- 164 00:10:54,591 --> 00:10:57,124 our Rule 11 motion. 165 00:10:57,191 --> 00:10:59,591 You really intend to argue that, counsel? 166 00:10:59,658 --> 00:11:01,524 I do so reluctantly, Your Honor. 167 00:11:01,591 --> 00:11:04,758 It is certainly not my habit to seek sanctions against other attorneys, 168 00:11:04,824 --> 00:11:08,324 but I think this is a particularly egregious situation. 169 00:11:08,391 --> 00:11:11,558 Can we at least finish with the summary judgment arguments before the personal attacks? 170 00:11:11,624 --> 00:11:15,924 No, the attack is not personal in spirit, and it is certainly relevant to today's hearing. 171 00:11:15,991 --> 00:11:18,524 Our position is basically that they have no case... 172 00:11:18,591 --> 00:11:23,458 and it's no coincidence that this is the attorney claiming that they do. 173 00:11:23,524 --> 00:11:25,791 With your permission, Your Honor? 174 00:11:32,624 --> 00:11:35,424 Do you know me? You shouldn't. No reason to. 175 00:11:35,491 --> 00:11:39,791 I'm just a down-in-the-trenches lawyer who does cases that'll never be in the newspapers. 176 00:11:39,858 --> 00:11:42,624 Unexciting stuff, except to the people involved... 177 00:11:42,691 --> 00:11:44,691 'cause their injuries are real... 178 00:11:44,758 --> 00:11:46,724 and the money I get for them is real. 179 00:11:46,791 --> 00:11:48,624 Somebody bang into your car lately? 180 00:11:48,691 --> 00:11:51,091 Has a ladder fallen on your head? You step into a pothole? 181 00:11:51,158 --> 00:11:53,724 Go to a big firm. See how much they care. 182 00:11:53,791 --> 00:11:57,458 Then come to me. Think nobody will fight for you? 183 00:11:57,524 --> 00:12:00,024 You're just a grunt. I'm a grunt. 184 00:12:00,091 --> 00:12:03,891 There's a lawyer out there for you. It's me. 185 00:12:03,958 --> 00:12:07,558 Just dial the number: 555-GRNT. 186 00:12:07,624 --> 00:12:11,524 And ask for Jimmy. I'll get you money. 187 00:12:12,691 --> 00:12:14,924 Well, I think this advertisement makes the point. 188 00:12:14,991 --> 00:12:18,658 "Jimmy the Grunt" is a lawyer who will push forward with anything. 189 00:12:18,724 --> 00:12:20,958 This is an attorney who, as our documents will show, 190 00:12:21,024 --> 00:12:25,091 falsified bank records in order to secure funds for his firm. 191 00:12:25,158 --> 00:12:27,124 That's stealing. 192 00:12:27,191 --> 00:12:30,758 This is an attorney who was very recently arrested for soliciting a prostitute. 193 00:12:30,824 --> 00:12:33,591 This is an attorney who demeans our profession. 194 00:12:33,658 --> 00:12:38,391 And he continues to do so today by prosecuting a claim he knows he can't make. 195 00:12:38,458 --> 00:12:40,424 You don't know what I can or can't make. 196 00:12:40,491 --> 00:12:44,391 I know that you are pandering to cancer victims, and I find that very unfortunate. 197 00:12:44,458 --> 00:12:47,724 What's unfortunate is this cheap ambush, Your Honor, which isn't relevant to any-- 198 00:12:47,791 --> 00:12:50,191 It's relevant to a Rule 11 motion-- 199 00:12:50,258 --> 00:12:52,458 whether or not an attorney is acting in good faith-- 200 00:12:52,524 --> 00:12:54,458 and your firm historically does not. 201 00:12:54,524 --> 00:12:57,924 Mr. Berluti solicits clients on television. That's how he got these clients. 202 00:12:57,991 --> 00:13:02,224 That's how he got this case-- one which no other attorney of reputation would accept. 203 00:13:02,291 --> 00:13:04,491 So, I put before the court, 204 00:13:04,558 --> 00:13:07,858 the civil action before you is commensurate with the attorney bringing it. 205 00:13:07,924 --> 00:13:11,458 And I must say that in 27 years of practice, 206 00:13:11,524 --> 00:13:15,358 this is the first argument of this nature I have ever had to make. 207 00:13:15,424 --> 00:13:17,991 Mr. Berluti? 208 00:13:21,524 --> 00:13:24,791 Mr. Berluti, do you have a response? 209 00:13:24,858 --> 00:13:27,891 Oh, Your Honor, if you please, I'd... 210 00:13:28,891 --> 00:13:33,491 like a recess so I can respond to... 211 00:13:33,558 --> 00:13:35,658 these things. 212 00:13:36,658 --> 00:13:38,624 10:00 tomorrow. Adjourned. 213 00:13:38,691 --> 00:13:40,791 [ Gavel Raps ] 214 00:13:42,091 --> 00:13:44,191 What'd she say? 215 00:13:44,258 --> 00:13:46,158 Nothing. 216 00:13:47,258 --> 00:13:49,158 What could she say? 217 00:13:50,391 --> 00:13:52,824 What could I say? I-- 218 00:13:52,891 --> 00:13:54,824 I just left. 219 00:13:54,891 --> 00:13:58,324 [ Lindsay ] Bobby, this was a fluke of circumstances. 220 00:13:58,391 --> 00:14:00,058 You both have to realize this. 221 00:14:01,458 --> 00:14:03,924 Five people are dead. 222 00:14:07,524 --> 00:14:09,558 You want me down at the hospital? 223 00:14:09,624 --> 00:14:11,724 I don't know. I don't trust them to-- 224 00:14:11,791 --> 00:14:14,791 You know, sometimes when cops get shot-- Oh. 225 00:14:16,624 --> 00:14:19,124 I don't know. 226 00:14:19,191 --> 00:14:21,691 Maybe. [ Door Opens ] 227 00:14:21,758 --> 00:14:23,958 - Robert Donnell? - Yeah. 228 00:14:24,024 --> 00:14:26,224 - Please put your hands behind your back, sir. - What? Why? 229 00:14:26,291 --> 00:14:28,558 Please, sir. [ Eugene ] What's the charge here? 230 00:14:28,624 --> 00:14:30,091 Reckless homicide. Homicide? 231 00:14:30,158 --> 00:14:33,024 You have the right to remain-- Give me a break. I know my rights. 232 00:14:33,091 --> 00:14:35,924 I'll surrender him to you! Get your hands off me! What are you doin'? 233 00:14:35,991 --> 00:14:38,058 Get off of him! 234 00:14:38,124 --> 00:14:41,224 Hey! Whoa, whoa! Get your hands off me! 235 00:14:41,291 --> 00:14:45,124 You stay the hell back! I said, get your hands off me! 236 00:14:45,191 --> 00:14:47,091 Get him out of here! 237 00:14:50,191 --> 00:14:52,191 [ Ellenor ] Jimmy, you have got to calm down. 238 00:14:52,258 --> 00:14:55,024 Calm down? I'm just glad my father's dead. You know that? 239 00:14:55,091 --> 00:14:57,891 So what got said in there never gets back to him. I'm just glad-- 240 00:14:57,958 --> 00:15:00,724 I want to kill him. I thought you said he was already dead. 241 00:15:00,791 --> 00:15:03,791 Not my father. I want to kill West. I'm not a violent person. 242 00:15:03,858 --> 00:15:06,691 I wanted to drive over him with my car. Would you listen to me? 243 00:15:06,758 --> 00:15:09,158 You have to keep your head and just talk about the case. 244 00:15:09,224 --> 00:15:11,191 What about what he said about me, about us? 245 00:15:11,258 --> 00:15:13,458 Just cover it quickly and get back to the case. 246 00:15:13,524 --> 00:15:15,691 The clients heard all that. Why should they trust whatever-- 247 00:15:15,758 --> 00:15:19,191 The clients are gonna be happy if we just win the motion. Jimmy, look at me. 248 00:15:19,258 --> 00:15:22,058 You cannot go back in there and ramble, for God's sake. You have-- 249 00:15:22,124 --> 00:15:25,724 Just try not to sweat so much. Oh, thank you. 250 00:15:25,791 --> 00:15:28,458 Look, you keep your head and you talk about the case. 251 00:15:28,524 --> 00:15:31,791 Summary judgment favors the plaintiff, so just address the claim. 252 00:15:31,858 --> 00:15:36,658 You have to argue that there's sufficient facts to sustain the cause of action and that's all. 253 00:15:36,724 --> 00:15:39,458 I want to kill him. Well, you can kill him later. 254 00:15:43,558 --> 00:15:46,791 They'll be arraigning you in about an hour. We shouldn't have to worry about bail. 255 00:15:46,858 --> 00:15:50,024 Who's the D.A.? I'm not sure. 256 00:15:50,091 --> 00:15:52,391 Look, they can't make any of this stick. 257 00:15:52,458 --> 00:15:56,658 - Three cops are dead, and they want you to have a lousy day. - [ Door Closes ] 258 00:15:56,724 --> 00:15:59,458 Eugene? Could I have a second? 259 00:16:04,624 --> 00:16:06,624 He is represented by counsel. 260 00:16:06,691 --> 00:16:08,924 Thank you. I'll keep that in mind. 261 00:16:09,891 --> 00:16:13,558 [ Cell Door Sliding Shut ] 262 00:16:13,624 --> 00:16:15,591 [ Lock Clicking ] 263 00:16:15,658 --> 00:16:18,991 Is this you to me, or D.A. to suspect? 264 00:16:19,058 --> 00:16:21,524 That's a funny question for you to be asking. 265 00:16:23,624 --> 00:16:25,191 It's you and me, Bobby. 266 00:16:26,991 --> 00:16:30,058 Firstly, I'm sorry. You have to know that. 267 00:16:30,124 --> 00:16:35,124 You got information as a result of our personal relationship. 268 00:16:35,191 --> 00:16:39,158 You used that information to put police officers at risk. 269 00:16:40,458 --> 00:16:42,491 And police officers were killed. 270 00:16:42,558 --> 00:16:46,091 Saying you're sorry-- It didn't matter how I got the information, Helen. 271 00:16:46,158 --> 00:16:49,891 Once I got it, it would have been unethical for me not to tell the client. 272 00:16:50,891 --> 00:16:52,924 You were doing the ethical thing? 273 00:16:54,791 --> 00:16:58,824 Telling drug dealers-- men with assault weapons-- 274 00:16:58,891 --> 00:17:01,524 Telling them that the police officers were on their way. 275 00:17:01,591 --> 00:17:03,591 That was the ethical thing to do? 276 00:17:03,658 --> 00:17:06,224 Put yourself in my position. 277 00:17:06,291 --> 00:17:09,158 For the last two hours, I've been trying to do that. 278 00:17:17,691 --> 00:17:20,658 Then I guess we have nothing left to talk about, do we? 279 00:17:23,258 --> 00:17:25,158 I guess we don't. 280 00:17:26,691 --> 00:17:30,491 41842,Commonwealth versus Robert Donnell, 281 00:17:30,558 --> 00:17:32,658 reckless homicide. 282 00:17:32,724 --> 00:17:35,158 Eugene Young representing the defendant, Your Honor. 283 00:17:35,224 --> 00:17:38,891 We'll waive reading and ask that you dismiss these ridiculous charges right now. 284 00:17:38,958 --> 00:17:41,991 Asher Silverman for the People, Your Honor. 285 00:17:42,058 --> 00:17:46,624 The commonwealth takes these "ridiculous charges" very seriously. 286 00:17:46,691 --> 00:17:50,191 Three police officers are dead as a result of this man's recklessness. 287 00:17:50,258 --> 00:17:52,558 This man is an attorney who has a legal obligation to inform his clients-- 288 00:17:52,624 --> 00:17:55,224 There is never any legal obligation to set up law enforcement for an ambush. 289 00:17:55,291 --> 00:17:57,724 that they were about to become the object of a raid. 290 00:17:57,791 --> 00:18:00,058 I don't listen when everybody talks, gentlemen. 291 00:18:01,391 --> 00:18:03,991 Your Honor, may I take a second to confer with my client? 292 00:18:04,058 --> 00:18:06,624 Take two. 293 00:18:11,324 --> 00:18:14,358 It's decision time. Obviously, they're playin' for keeps. 294 00:18:14,424 --> 00:18:17,858 They brought in Silverman. We don't want a jury to get a crack at this, Bobby. 295 00:18:17,924 --> 00:18:20,624 Three of the good guys were killed. 296 00:18:20,691 --> 00:18:23,024 Probable cause hearing? And we put on a full defense. 297 00:18:23,091 --> 00:18:26,258 We're better off with a judge than a jury. 298 00:18:26,324 --> 00:18:28,224 What do we know about her? 299 00:18:28,291 --> 00:18:30,958 [ Eugene ] Wacko out of the robe, stickler in it. 300 00:18:31,024 --> 00:18:32,924 Which is what we want. 301 00:18:35,958 --> 00:18:37,791 Okay. 302 00:18:39,858 --> 00:18:44,791 - Your Honor, defense moves for a probable cause hearing. - 10:00 tomorrow. 303 00:18:44,858 --> 00:18:47,024 The Commonwealth would be seeking bail, Your Honor, in that-- 304 00:18:47,091 --> 00:18:48,891 Nope. I'll grant O.R. 305 00:18:48,958 --> 00:18:51,158 Three police officers are dead. 306 00:18:52,424 --> 00:18:54,491 Let's not turn that into a jingle. 307 00:18:54,558 --> 00:18:57,391 Personal recognizance, 10:00 tomorrow. 308 00:18:57,458 --> 00:19:00,191 I like to start on time. 309 00:19:00,258 --> 00:19:02,058 [ Gavel Raps ] 310 00:19:04,324 --> 00:19:07,091 You really can't take it personally, Helen. You know you can't. 311 00:19:07,158 --> 00:19:08,958 You don't think that-- 312 00:19:12,558 --> 00:19:16,091 Lindsay, we were making love on the bathroom floor when that call came in. 313 00:19:16,158 --> 00:19:17,791 Bobby? In a bathroom? 314 00:19:17,858 --> 00:19:19,824 That's not really the issue. 315 00:19:19,891 --> 00:19:24,558 I know. But a bathroom. It just seems a little exotic for him-- from what you tell me. 316 00:19:24,624 --> 00:19:26,891 Well, you know him more than I. 317 00:19:26,958 --> 00:19:29,524 I know he felt an obligation to the client. 318 00:19:29,591 --> 00:19:31,291 He's an honest person, right? 319 00:19:31,358 --> 00:19:34,924 Bobby? Of course. He's-- He's honest. 320 00:19:36,158 --> 00:19:38,391 - Why do you say it like that? - Like what? 321 00:19:38,458 --> 00:19:40,724 - With your voice flittering a little, like-- - I'm not flittering. 322 00:19:40,791 --> 00:19:42,791 You are. I'm not. 323 00:19:44,024 --> 00:19:46,424 Is there something you're not telling me? 324 00:19:46,491 --> 00:19:48,524 What? What would I not be telling you? 325 00:19:50,191 --> 00:19:53,791 - Flitter. - I'm not flittering. Damn it. 326 00:19:56,491 --> 00:19:58,224 What do you mean you want to tell her? 327 00:19:58,291 --> 00:20:01,824 I know the timing of this couldn't be worse, but she's one of my best friends. 328 00:20:01,891 --> 00:20:03,891 I can't lie to her. I just can't. 329 00:20:03,958 --> 00:20:07,058 Let me just recap things to see if I understand things correctly. 330 00:20:07,124 --> 00:20:09,924 While you and I were being recreational, 331 00:20:09,991 --> 00:20:12,458 Helen asked you if there was anything going on between us, 332 00:20:12,524 --> 00:20:15,391 and you said no because you sensed that she was interested in me... 333 00:20:15,458 --> 00:20:19,291 and if she knew about you and me, this would be a-- a deterrent... 334 00:20:19,358 --> 00:20:21,191 to Helen and me ever getting together. 335 00:20:21,258 --> 00:20:23,724 Correct. 336 00:20:23,791 --> 00:20:26,024 Then Helen and I did get together, 337 00:20:26,091 --> 00:20:29,558 and you and I stopped being recreational. 338 00:20:29,624 --> 00:20:31,924 And you said there was no reason to tell her... 339 00:20:31,991 --> 00:20:35,191 because the past was the past, and it-- it really didn't affect her. 340 00:20:35,258 --> 00:20:37,658 Correct. 341 00:20:37,724 --> 00:20:40,324 So, what now has changed? 342 00:20:40,391 --> 00:20:42,924 What's changed is this is a little bit of a crisis here, 343 00:20:42,991 --> 00:20:46,091 and I feel like a liar by not telling her. 344 00:20:46,158 --> 00:20:48,524 Okay. Here's the thing. 345 00:20:51,024 --> 00:20:53,024 I really like her. 346 00:20:53,091 --> 00:20:57,124 At this moment, she's not particularly liking me. 347 00:20:57,191 --> 00:20:59,124 She thinks I betrayed her. 348 00:20:59,191 --> 00:21:02,224 If she were now to learn that I have been sleeping with her best friend, 349 00:21:02,291 --> 00:21:06,058 I'm afraid it could be detrimental to our progress as a couple. 350 00:21:06,124 --> 00:21:08,624 Yes. But-- 351 00:21:08,691 --> 00:21:10,958 Lindsay, I agree at some point maybe we should tell her. 352 00:21:11,024 --> 00:21:13,158 But could you please allow me to put a little distance... 353 00:21:13,224 --> 00:21:15,624 between me and these multiple murder charges... 354 00:21:15,691 --> 00:21:17,991 before we do that? 355 00:21:18,058 --> 00:21:21,024 Okay. Of course. 356 00:21:21,091 --> 00:21:22,991 Great. 357 00:21:30,171 --> 00:21:32,038 You can't do this to me. 358 00:21:32,104 --> 00:21:35,504 I have no choice. I've got to show a chain of events. 359 00:21:35,571 --> 00:21:37,938 I don't think I'm somebody you want to be calling. 360 00:21:38,004 --> 00:21:40,238 I'm not sympathetic to this prosecution. 361 00:21:40,304 --> 00:21:43,604 Well, I won't be calling upon you as an advocate. I just need the facts. 362 00:21:43,671 --> 00:21:46,138 I'll stipulate that he got the information from me. 363 00:21:46,204 --> 00:21:48,904 Ms. Gamble. 364 00:21:48,971 --> 00:21:52,638 I'm not a man prone to vulgarity, but your ass is already in the grinder here. 365 00:21:52,704 --> 00:21:57,038 I suggest you cooperate with the office that employs you. 366 00:21:59,504 --> 00:22:02,804 Mr. Silverman, you don't scare me. 367 00:22:05,871 --> 00:22:07,804 Well, in that case, 368 00:22:08,938 --> 00:22:11,538 here's a subpoena. 369 00:22:15,038 --> 00:22:17,871 [ Bell Dinging ] 370 00:22:17,938 --> 00:22:20,804 [ Dinging Continues ] 371 00:22:23,238 --> 00:22:25,604 This is me. Oh, pardon me. 372 00:22:27,038 --> 00:22:28,938 [ Sighs ] 373 00:22:31,938 --> 00:22:34,104 [ Elevator Doors Close ] 374 00:22:34,171 --> 00:22:38,504 I hope you do realize that was one of the more unpleasant arguments I ever had to make. 375 00:22:38,571 --> 00:22:41,838 But you got through it just the same. Jimmy. 376 00:22:41,904 --> 00:22:43,938 Mr. Berluti, this is not the time. 377 00:22:44,004 --> 00:22:46,571 No, don't you apologize or look at me like you had no choice. 378 00:22:46,638 --> 00:22:48,538 Jimmy. You made your choice. 379 00:22:48,604 --> 00:22:50,671 Yes. And you made yours. 380 00:22:54,438 --> 00:22:56,538 [ Doors Opening ] 381 00:22:58,571 --> 00:23:01,338 Well, I suppose I should be grateful I wasn't assaulted. 382 00:23:01,404 --> 00:23:03,438 Not yet. 383 00:23:03,504 --> 00:23:06,904 You could've taken it to chambers, Mr. West, but you chose to do it in open court. 384 00:23:06,971 --> 00:23:10,138 You're suing us in the open, counsel. We respond in kind. 385 00:23:10,204 --> 00:23:12,938 Yeah? Well, so do we. 386 00:23:16,004 --> 00:23:18,638 [ Silverman ] What were you doing when the phone call came in? 387 00:23:18,704 --> 00:23:20,771 I had just taken a shower. 388 00:23:20,838 --> 00:23:23,471 - And what did Officer Walpole tell you? - Hearsay. 389 00:23:23,538 --> 00:23:27,238 Not offered for the truth, Your Honor. Just to establish the words were spoken. 390 00:23:27,304 --> 00:23:30,738 - I'll allow it. - What did he say? 391 00:23:30,804 --> 00:23:35,771 Something to the effect that our informant thought he was Abraham Lincoln in a past life. 392 00:23:35,838 --> 00:23:39,671 We were concerned that he might not pass reliability under the Aguilar test... 393 00:23:39,738 --> 00:23:41,771 and we wouldn't get our warrant. 394 00:23:41,838 --> 00:23:44,338 Your informant thought he was Abraham Lincoln? Yes. 395 00:23:44,404 --> 00:23:46,938 He'd get headaches when he went to the theater. 396 00:23:47,004 --> 00:23:50,404 Is that his joke or yours, Ms. Gamble? 397 00:23:51,971 --> 00:23:54,104 You have a personal relationship with the defendant? 398 00:23:54,171 --> 00:23:59,138 We date. That's why he was in my apartment when the phone call came in. 399 00:23:59,204 --> 00:24:03,871 That's how he overheard we were scheduling a raid on Mr. Isikoff's safe house. 400 00:24:03,938 --> 00:24:05,704 So, the defendant knew about the raid? 401 00:24:05,771 --> 00:24:09,304 - I'd answer, but the defense is about to object. - Objection. 402 00:24:09,371 --> 00:24:13,071 The witness isn't competent to say what the defendant may or may not have known. 403 00:24:13,138 --> 00:24:15,004 Let's speed this up. 404 00:24:15,071 --> 00:24:18,138 After the shoot-out, did you and the defendant have a conversation? 405 00:24:18,204 --> 00:24:20,171 Yes. 406 00:24:20,238 --> 00:24:23,338 And did he tell you whether he informed Mr. Isikoff in advance... 407 00:24:23,404 --> 00:24:25,804 that a police raid was coming? 408 00:24:25,871 --> 00:24:28,871 He told me that he felt legally obligated... 409 00:24:28,938 --> 00:24:33,571 to reveal the information to his client, yes. 410 00:24:33,638 --> 00:24:36,338 Thank you, Ms. Gamble. 411 00:24:36,404 --> 00:24:39,304 [ Eugene ] My client ever ask you for information about this raid? 412 00:24:39,371 --> 00:24:41,404 No. 413 00:24:41,471 --> 00:24:43,471 Did Mr. Donnell continue to discuss this case... 414 00:24:43,538 --> 00:24:45,871 after he learned the suspect was his own client? 415 00:24:45,938 --> 00:24:48,738 No. Thank you. 416 00:24:48,804 --> 00:24:51,038 That's all. Mr. Silverman? 417 00:24:52,204 --> 00:24:54,104 The witness may step down. 418 00:25:00,371 --> 00:25:02,404 Mr. Berluti? 419 00:25:08,804 --> 00:25:12,004 The complaint alleges material facts in dispute. 420 00:25:12,071 --> 00:25:16,404 The discovery includes epidemiological studies suggesting a causal link... 421 00:25:16,471 --> 00:25:19,704 between power lines and certain types of cancer. 422 00:25:19,771 --> 00:25:23,904 The complaint also alleges a lack of serious statewide studies... 423 00:25:23,971 --> 00:25:27,071 to determine the risks of electromagnetic fields. 424 00:25:28,938 --> 00:25:33,704 Those four people live within 100 yards of Boston Power Company power lines. 425 00:25:33,771 --> 00:25:38,004 They live within one square mile of each other. 426 00:25:38,071 --> 00:25:41,971 This one has a brain tumor, this one leukemia, 427 00:25:42,038 --> 00:25:44,171 this one also leukemia, 428 00:25:44,238 --> 00:25:46,971 and this one brain cancer. 429 00:25:47,038 --> 00:25:50,371 They didn't get sick because I ran a commercial. 430 00:25:50,438 --> 00:25:55,504 They didn't get sick because I demeaned the legal profession. 431 00:25:55,571 --> 00:25:58,504 There's a cancer cluster in Fairfield, Massachusetts. 432 00:25:58,571 --> 00:26:00,671 People are dying. 433 00:26:00,738 --> 00:26:05,771 And he's asking you to ignore this because he thinks my law firm is disreputable. 434 00:26:07,204 --> 00:26:11,471 We've been called these things before at my disreputable firm. 435 00:26:11,538 --> 00:26:14,038 The last time was when we sued a tobacco company. 436 00:26:14,104 --> 00:26:17,371 They brought a summary judgment motion, too, 437 00:26:17,438 --> 00:26:20,704 arguing, as a matter of law, we had no case. 438 00:26:20,771 --> 00:26:24,404 Cigarettes couldn't possibly cause cancer. 439 00:26:30,038 --> 00:26:33,471 When we first got to the apartment building, we did notice some activity, 440 00:26:33,538 --> 00:26:35,538 though we didn't really think there was a connection. 441 00:26:35,604 --> 00:26:38,838 - What do you mean "activity"? - Well, there were cars leaving, pulling out. 442 00:26:38,904 --> 00:26:42,004 No people or plates that we'd recognized. 443 00:26:42,071 --> 00:26:46,438 But the feel-- It just wasn't sleepy, is the best I can describe it. 444 00:26:46,504 --> 00:26:50,304 Could you describe what happened next? 445 00:26:50,371 --> 00:26:54,038 We moved in. We had 11 officers in all. 446 00:26:54,104 --> 00:26:56,404 We wore vests, and the front line had helmets. 447 00:26:56,471 --> 00:27:00,038 Six of us went up the stairway, the other five secured the area. 448 00:27:00,104 --> 00:27:03,804 We weren't using the battering ram because our informant had actually given us a key. 449 00:27:03,871 --> 00:27:06,804 To Mr. Isikoff's apartment? Yes. We approached the door. 450 00:27:06,871 --> 00:27:10,071 And we did hear some scuffling behind it, but not much. 451 00:27:10,138 --> 00:27:13,104 And then that's when it happened. What happened? 452 00:27:15,038 --> 00:27:19,738 We sprang through the door, and there they were, waiting, 453 00:27:19,804 --> 00:27:21,971 like they were expecting us. 454 00:27:22,038 --> 00:27:25,471 Continue. I just heard the shots. I could smell the powder. 455 00:27:25,538 --> 00:27:28,471 Assault weapons. It's like they had an arsenal. 456 00:27:28,538 --> 00:27:31,438 You were shot? In the shoulder. 457 00:27:31,504 --> 00:27:33,871 It knocked me back down the stairs. 458 00:27:33,938 --> 00:27:36,404 And the shooting just seemed to go on and on. 459 00:27:36,471 --> 00:27:40,838 - What'd you see next? - The next thing I remember seeing was Kevin Greene. 460 00:27:40,904 --> 00:27:43,671 He fell on top of me. Who is Kevin Greene? 461 00:27:43,738 --> 00:27:47,404 My part-- He was my partner. 462 00:27:47,471 --> 00:27:50,438 He had been shot in the head. 463 00:27:50,504 --> 00:27:52,738 He was dead? Not yet. 464 00:27:52,804 --> 00:27:56,471 He was looking at me, like he didn't know what had happened. 465 00:27:56,538 --> 00:28:00,804 And, uh, it looked like he couldn't breathe, 466 00:28:00,871 --> 00:28:03,471 'cause there was this stuff in his mouth. 467 00:28:03,538 --> 00:28:06,171 And I tried to help him breathe. 468 00:28:06,238 --> 00:28:08,571 I tried to clear his mouth. 469 00:28:11,771 --> 00:28:14,504 He just kept looking back-- 470 00:28:14,571 --> 00:28:16,738 looking back at me. 471 00:28:16,804 --> 00:28:19,804 Were you able to get him to breathe? 472 00:28:19,871 --> 00:28:21,771 [ Inhales ] 473 00:28:22,838 --> 00:28:24,704 No. 474 00:28:26,971 --> 00:28:28,838 He was near dead then. 475 00:28:31,038 --> 00:28:34,938 Officer Horton, you've testified that they were waiting. 476 00:28:37,604 --> 00:28:39,771 Are you sure about this? 477 00:28:39,838 --> 00:28:42,204 Yes, I am. 478 00:28:42,271 --> 00:28:45,238 As soon as the door opened, we were looking at gun barrels, 479 00:28:45,304 --> 00:28:47,771 and I saw some of their eyes. 480 00:28:48,738 --> 00:28:50,771 They weren't surprised. 481 00:28:50,838 --> 00:28:55,404 We were the ones surprised. They knew we were coming. 482 00:28:58,671 --> 00:29:00,738 [ Ellenor ] So, you didn't do any cross? 483 00:29:00,804 --> 00:29:04,071 No point. This is a lousy time to say "I told you so." 484 00:29:04,138 --> 00:29:07,604 Then maybe you shouldn't. Drug lawyers always become targets. 485 00:29:07,671 --> 00:29:10,271 It's not just that. We've been beating them on everything. 486 00:29:10,338 --> 00:29:12,271 Gerald Braun, Victoria Keenan. 487 00:29:12,338 --> 00:29:15,804 And you know what? We've been under attack on our power lines case too. 488 00:29:15,871 --> 00:29:18,304 The defendant's lawyer-- You should have heard his little spew. 489 00:29:18,371 --> 00:29:20,938 So, did we win the motion? 490 00:29:21,004 --> 00:29:22,938 No, not yet. 491 00:29:25,138 --> 00:29:27,938 [ Knocking On Door ] 492 00:29:34,338 --> 00:29:36,738 Hey. 493 00:29:36,804 --> 00:29:40,071 I tried calling, but you wouldn't pick up. 494 00:29:41,738 --> 00:29:44,438 Well, you've got me in person now. 495 00:29:44,504 --> 00:29:46,771 What can I do for you? 496 00:29:46,838 --> 00:29:48,604 Can I come in? 497 00:29:59,504 --> 00:30:01,838 Firstly, I wanted to thank you for today. 498 00:30:01,904 --> 00:30:03,904 I know you were under a subpoena. 499 00:30:03,971 --> 00:30:06,404 And I-I'd also like to thank you for-- 500 00:30:06,471 --> 00:30:09,404 For what? For sticking by you? 501 00:30:09,471 --> 00:30:11,604 I didn't do that. 502 00:30:11,671 --> 00:30:14,438 I objected to you being prosecuted. 503 00:30:14,504 --> 00:30:16,504 I wasn't defending what you did. 504 00:30:16,571 --> 00:30:19,171 - Helen, I know-- - Bobby, look. 505 00:30:19,238 --> 00:30:22,271 If you've come here to account for yourself, please get out. 506 00:30:22,338 --> 00:30:24,404 I get your position. 507 00:30:24,471 --> 00:30:26,371 Plus, you'll be on stand tomorrow, 508 00:30:26,438 --> 00:30:30,104 and we both know testimony comes off more persuasive when it isn't rehearsed. 509 00:30:30,171 --> 00:30:33,104 You say you get my position. Well, I'm here, hoping that you'll understand-- 510 00:30:33,171 --> 00:30:35,671 Just get out. Just get out. Get out! Come on, Helen. Please. 511 00:30:35,738 --> 00:30:40,038 Just get out! Get out! Get out! Get out! Get out! 512 00:30:40,104 --> 00:30:41,904 [ Sobbing ] 513 00:30:41,971 --> 00:30:44,871 It isn't you! Don't you think I know that? 514 00:30:44,938 --> 00:30:48,538 You're a defense attorney! The guy's your client! 515 00:30:49,538 --> 00:30:51,538 I'm the one who screwed up! 516 00:30:51,604 --> 00:30:53,971 You? You can't blame yourself! 517 00:30:54,038 --> 00:30:57,071 Are you crazy? 518 00:30:59,771 --> 00:31:02,938 Everybody was doing their job except me. 519 00:31:04,138 --> 00:31:07,504 Those people are dead 'cause I didn't do mine. 520 00:31:11,471 --> 00:31:14,538 I'm angry at myself. 521 00:31:14,604 --> 00:31:17,604 Maybe I even hate what-- 522 00:31:19,071 --> 00:31:21,471 But I won't lie. 523 00:31:21,538 --> 00:31:24,804 I'm not sure I can ever look at you without-- 524 00:31:30,238 --> 00:31:32,171 Please, just get out. 525 00:31:32,238 --> 00:31:33,804 [ Door Opens ] Helen. 526 00:31:51,895 --> 00:31:54,529 I had no way of knowing a shoot-out would ensue, 527 00:31:54,595 --> 00:31:57,362 and I certainly never counseled my client toward violence. 528 00:31:57,429 --> 00:32:00,729 Thank you. That's all. 529 00:32:00,795 --> 00:32:04,162 Did you know that your client had sophisticated assault weapons? 530 00:32:04,229 --> 00:32:06,562 Did I know it? No. 531 00:32:06,629 --> 00:32:08,862 Did it surprise you to learn... 532 00:32:08,929 --> 00:32:12,762 that Mr. Isikoff had weapons in his safe house? 533 00:32:12,829 --> 00:32:16,262 I had no specific knowledge that they had weapons. 534 00:32:16,329 --> 00:32:19,695 - Did it surprise you to learn that he did? - No. 535 00:32:19,762 --> 00:32:23,395 Did it surprise you that they had cocaine and heroin there? 536 00:32:23,462 --> 00:32:25,062 No. 537 00:32:25,129 --> 00:32:27,595 In your mind, when you told Mr. Isikoff... 538 00:32:27,662 --> 00:32:30,195 that the police were about to raid his safe house, 539 00:32:30,262 --> 00:32:33,795 did you make room for the possibility that they might use those weapons to fight back? 540 00:32:33,862 --> 00:32:36,229 Well, I really didn't think that far ahead. 541 00:32:36,295 --> 00:32:38,295 You didn't think that far ahead. 542 00:32:38,362 --> 00:32:41,862 What did you think Mr. Isikoff would do with the information you'd given him? 543 00:32:41,929 --> 00:32:45,362 Well, my job was just to give him the information, counsel. 544 00:32:45,429 --> 00:32:48,495 Oh. You're quite a taskmaster with your job, aren't you? 545 00:32:48,562 --> 00:32:50,362 - Objection. - Sustained. 546 00:32:50,429 --> 00:32:52,862 When Mr. Isikoff left your car, 547 00:32:52,929 --> 00:32:55,562 did you consider that he might go to his house, 548 00:32:55,629 --> 00:32:58,395 gather his belongings before the police could get there? 549 00:32:58,462 --> 00:33:01,095 I considered that. Yes. 550 00:33:01,162 --> 00:33:04,595 Did you consider that the police could get there while Isikoff was still in the house? 551 00:33:06,895 --> 00:33:10,362 Did you consider that the police could get there... 552 00:33:10,429 --> 00:33:12,829 while Mr. Isikoff was still in the house? 553 00:33:12,895 --> 00:33:16,495 I don't remember specifically considering it, 554 00:33:16,562 --> 00:33:19,695 but nor do I remember ruling that possibility out. 555 00:33:19,762 --> 00:33:22,429 Oh, what a lovely answer. 556 00:33:22,495 --> 00:33:25,195 - Objection! - Sustained. 557 00:33:25,262 --> 00:33:28,629 Did you ever consider calling the police and saying, 558 00:33:28,695 --> 00:33:31,562 "Hey, call off your raid. They know you're coming." 559 00:33:31,629 --> 00:33:35,195 Did you ever think of telling the police that? No. 560 00:33:38,995 --> 00:33:40,862 Who is Jack Cowley? 561 00:33:46,362 --> 00:33:48,362 Who is Jack Cowley? 562 00:33:52,062 --> 00:33:54,462 He was evidently the informant the police were using... 563 00:33:54,529 --> 00:33:56,629 to get their search warrant. 564 00:33:56,695 --> 00:33:59,695 Did you tell Mr. Isikoff that Jack Cowley was working with the police? 565 00:33:59,762 --> 00:34:04,895 My communication with Mr. Isikoff would be privileged, Mr. Silverman. 566 00:34:04,962 --> 00:34:08,995 You're quite correct, but that privilege belongs to Isikoff, and he has waived it. 567 00:34:09,062 --> 00:34:13,729 And he told the police that you told him that Jack Cowley was the informant. 568 00:34:13,795 --> 00:34:17,095 - Would that be correct? - Objection! Mr. Isikoff is represented by counsel. 569 00:34:17,162 --> 00:34:19,795 The police were told not to speak to him. 570 00:34:19,862 --> 00:34:23,495 Any conversation with John Isikoff is a violation of the Sixth Amendment. 571 00:34:23,562 --> 00:34:26,962 - Sixth Amendment protections go to the client, not the lawyer. - Doesn't matter. 572 00:34:27,029 --> 00:34:31,895 John Isikoff lacks the legal capacity to waive that right-- Innes versus Rhode Island. 573 00:34:31,962 --> 00:34:35,029 Yes, and should the police ever use those statements against Mr. Isikoff, 574 00:34:35,095 --> 00:34:36,929 you would have cause to suppress them. 575 00:34:36,995 --> 00:34:40,695 But I'm not going after Mr. Isikoff here. 576 00:34:40,762 --> 00:34:43,195 I'm going after you. [ Eugene ] Your Honor! 577 00:34:43,262 --> 00:34:47,595 He's right. You can't assert somebody else's constitutional rights... 578 00:34:47,662 --> 00:34:50,529 in order to protect Mr. Donnell, counsel. 579 00:34:50,595 --> 00:34:53,895 I don't really believe I need to tell you that. 580 00:34:53,962 --> 00:34:57,329 Did you tell Mr. Isikoff that Jack Cowley was the police informant? 581 00:34:57,395 --> 00:35:00,795 No. I asked him if he knew him. 582 00:35:00,862 --> 00:35:03,629 When he said yes, did you tell him about the police raid? 583 00:35:06,795 --> 00:35:09,462 - That's right. - Hmm. 584 00:35:09,529 --> 00:35:13,962 Did you ever consider that your client might be able to put two and two together? 585 00:35:14,029 --> 00:35:15,962 [ Eugene ] Objection! Sustained. 586 00:35:16,029 --> 00:35:20,795 Were you shocked to learn Cowley was found dead with a bullet in the back of his head? 587 00:35:20,862 --> 00:35:22,029 Objection! Sustained. 588 00:35:22,095 --> 00:35:24,662 I think we're done. 589 00:35:28,829 --> 00:35:30,729 We're in trouble. 590 00:35:30,795 --> 00:35:34,595 Bobby, if this goes to trial, we're gonna have to consider a plea. 591 00:35:35,762 --> 00:35:38,629 A drug lawyer sets up the police for an ambush. 592 00:35:38,695 --> 00:35:42,129 Uh, you were pretty much an executioner for Cowley. 593 00:35:42,195 --> 00:35:44,329 Our only defense is the canon of ethics. 594 00:35:44,395 --> 00:35:47,229 Legally, we gotta argue that what you did was ethical... 595 00:35:47,295 --> 00:35:49,895 and hope that the judge will buy it... 596 00:35:49,962 --> 00:35:52,895 because no jury ever will. 597 00:35:55,862 --> 00:35:58,462 I'll close. 598 00:35:58,529 --> 00:36:01,195 I'm not so sure that's smart. 599 00:36:03,095 --> 00:36:05,562 I'll close. 600 00:36:07,295 --> 00:36:09,662 Mr. Berluti, would you stand up? 601 00:36:12,695 --> 00:36:15,329 I'm tempted to say, "Will the defendant please rise?" 602 00:36:17,262 --> 00:36:20,229 One of the problems with the proliferation of law schools, 603 00:36:20,295 --> 00:36:23,162 night schools, part-time schools, salons-- 604 00:36:23,229 --> 00:36:27,929 Come get a shampoo, earn a law degree while you wait for your hair to dry. 605 00:36:27,995 --> 00:36:31,962 We overflood the market with attorneys who, because of the competition, 606 00:36:32,029 --> 00:36:35,895 have to go out and create litigation just so they can scratch a living. 607 00:36:35,962 --> 00:36:39,895 I hate it. And you're a poster boy for the problem. 608 00:36:39,962 --> 00:36:42,329 That having been said, 609 00:36:42,395 --> 00:36:45,562 this complaint does allege disputable questions of fact. 610 00:36:45,629 --> 00:36:48,429 The defendant's motion for summary judgment is denied. 611 00:36:48,495 --> 00:36:50,662 I'm scheduling a pretrial for Monday. 612 00:36:50,729 --> 00:36:55,495 I want witness lists no later than Friday. See you soon. 613 00:36:55,562 --> 00:36:58,795 [ Gavel Raps ] [ Gasping ] 614 00:36:58,862 --> 00:37:00,829 We won. We did. 615 00:37:00,895 --> 00:37:03,995 He didn't kick it. Nope. Of course, now we have to try it, Jimmy. 616 00:37:04,062 --> 00:37:06,329 We'll try it. I'm ready. 617 00:37:10,129 --> 00:37:12,595 Thank you very much. 618 00:37:12,662 --> 00:37:15,962 I'm not gonna stand up here and defend my actions... 619 00:37:16,029 --> 00:37:18,762 from a moral position. 620 00:37:18,829 --> 00:37:21,495 Not to you. 621 00:37:24,895 --> 00:37:27,362 Certainly not to any of you. 622 00:37:30,695 --> 00:37:32,595 I'm sorry. 623 00:37:36,562 --> 00:37:40,329 Legally, I fulfilled my ethical obligation to my client. 624 00:37:41,495 --> 00:37:44,429 Morally, I betrayed the men who were killed. 625 00:37:44,495 --> 00:37:47,362 Legally, I traded on information... 626 00:37:47,429 --> 00:37:50,195 I received through a social relationship. 627 00:37:51,329 --> 00:37:54,495 Morally, I betrayed a trust with Helen Gamble. 628 00:37:56,295 --> 00:37:59,862 My only defense here... is legal. 629 00:38:02,062 --> 00:38:04,795 I'm a criminal defense attorney. 630 00:38:04,862 --> 00:38:07,362 I represent bad people. 631 00:38:07,429 --> 00:38:10,329 The adversary system is premised... 632 00:38:10,395 --> 00:38:13,629 on the defense attorney doing whatever he can... 633 00:38:13,695 --> 00:38:17,162 to get the guy off. 634 00:38:17,229 --> 00:38:19,095 It's drummed into us. 635 00:38:19,162 --> 00:38:23,462 We are bound by the limits of the law, but only the law. 636 00:38:24,695 --> 00:38:26,295 Morality? 637 00:38:26,362 --> 00:38:29,029 Right or wrong? 638 00:38:29,095 --> 00:38:31,195 Justice? 639 00:38:33,362 --> 00:38:35,829 If a criminal lawyer starts asking himself, 640 00:38:35,895 --> 00:38:40,362 "What's the just result here? How should we get to there?" 641 00:38:42,162 --> 00:38:44,195 he's lost. 642 00:38:48,295 --> 00:38:50,762 It's not a noble excuse, 643 00:38:54,595 --> 00:38:56,462 but a legal one. 644 00:39:06,162 --> 00:39:08,462 Do whatever you can to get the guy off. 645 00:39:10,662 --> 00:39:14,729 Mr. Donnell says that is the credo of a defense attorney. 646 00:39:14,795 --> 00:39:18,195 Today he stands here apologizing for it. 647 00:39:18,262 --> 00:39:20,595 Last year, 648 00:39:20,662 --> 00:39:24,195 after one of your clients committed a premeditated revenge murder, 649 00:39:25,162 --> 00:39:27,595 you stood in this very courthouse... 650 00:39:27,662 --> 00:39:30,529 and argued law be damned, morality should win out. 651 00:39:30,595 --> 00:39:34,262 Today you exalt the law to justify immorality. 652 00:39:34,329 --> 00:39:36,795 Whatever you can to get the guy off. 653 00:39:36,862 --> 00:39:38,629 Face me, Mr. Silverman. 654 00:39:40,662 --> 00:39:43,495 If a client is about to kill, 655 00:39:43,562 --> 00:39:46,929 his lawyer has always been allowed to reveal that. 656 00:39:46,995 --> 00:39:51,362 Privilege has never been given priority over the threat of bodily harm. 657 00:39:53,195 --> 00:39:56,395 Mr. Donnell knew that his clients were violent. 658 00:39:56,462 --> 00:39:58,562 By his own admission, 659 00:39:58,629 --> 00:40:01,029 he knew of the possibility that people could be killed. 660 00:40:01,095 --> 00:40:03,329 Innocent people. 661 00:40:05,029 --> 00:40:07,362 And he sat on it. 662 00:40:10,762 --> 00:40:12,629 He let the fathers... 663 00:40:13,695 --> 00:40:17,695 and the husbands of those people... 664 00:40:17,762 --> 00:40:21,129 walk headfirst into an ambush to their deaths... 665 00:40:22,095 --> 00:40:25,262 because in his mind, 666 00:40:25,329 --> 00:40:28,995 he had the legal duty to ignore justice and morality. 667 00:40:29,062 --> 00:40:33,595 In his mind, if he did anything to prevent those violent deaths, 668 00:40:34,729 --> 00:40:36,595 he'd be lost. 669 00:40:41,195 --> 00:40:44,029 I don't think the defendant... 670 00:40:44,095 --> 00:40:47,595 has any idea how truly lost he really is. 671 00:40:56,229 --> 00:40:58,962 How long? She just asked us to wait. 672 00:40:59,029 --> 00:41:02,062 She can't make him stand trial for murder. She just can't. 673 00:41:02,129 --> 00:41:04,195 With this public outcry? 674 00:41:08,262 --> 00:41:10,362 Come on, everybody. 675 00:41:13,095 --> 00:41:15,195 We'll be right outside. 676 00:41:26,162 --> 00:41:28,729 I'm not nearly ready to put this behind me, 677 00:41:32,262 --> 00:41:36,195 but... I'm not ready to put you behind me either. 678 00:41:42,395 --> 00:41:44,595 She's coming back. Let's go. 679 00:41:49,195 --> 00:41:51,662 I called you back in because I'd made up my mind. 680 00:41:51,729 --> 00:41:56,662 But in the two minutes it took you to file back in, I changed it. 681 00:41:56,729 --> 00:42:00,462 Whether or not you're guilty here, Mr. Donnell, 682 00:42:00,529 --> 00:42:03,695 really depends on exactly... 683 00:42:03,762 --> 00:42:08,129 where you were in your head when you talked to your client, 684 00:42:08,195 --> 00:42:10,829 what you knew would happen... 685 00:42:10,895 --> 00:42:14,295 or what you thought might. 686 00:42:14,362 --> 00:42:17,295 Unfortunately for me, as a judge, 687 00:42:17,362 --> 00:42:19,595 that answer still lies within your head... 688 00:42:21,095 --> 00:42:24,162 and your head alone. 689 00:42:24,229 --> 00:42:26,329 On the facts, 690 00:42:27,229 --> 00:42:29,295 dismissed with prejudice. 691 00:42:29,362 --> 00:42:31,829 - The defendant is free to go. - [ Gavel Raps ] 692 00:42:32,995 --> 00:42:35,229 [ Spectators Murmuring ] 693 00:42:51,729 --> 00:42:53,595 No. Not yet. 694 00:42:53,662 --> 00:42:55,729 I will say it for the last time. 695 00:42:55,795 --> 00:42:58,495 It won't be the last time, It's never the last time with you. 696 00:42:58,562 --> 00:43:02,429 All I'm saying is if we keep defending the druggies, this kind of stuff's gonna happen. 697 00:43:02,495 --> 00:43:06,229 Yeah, well, let's just get some new clients before you dump the old ones, okay? 698 00:43:06,295 --> 00:43:09,495 - And your cancer case survived? - It did. 699 00:43:09,562 --> 00:43:11,795 With Judge Walsh? He likes me. 700 00:43:11,862 --> 00:43:13,362 [ Jimmy ] Where's Bobby? 701 00:43:13,429 --> 00:43:16,195 I think he ran off to make up with Helen. 702 00:43:17,995 --> 00:43:19,862 Are those two sleepin' together? 703 00:43:25,329 --> 00:43:30,829 [ Bell Tolling ] 704 00:43:45,962 --> 00:43:50,762 ♪ [ Bugle Playing Taps ] 705 00:44:08,229 --> 00:44:10,729 [ Man Shouts Order ] 706 00:44:10,795 --> 00:44:13,129 Arms, fire! 707 00:44:13,195 --> 00:44:16,562 [ Man Shouts Order ] 708 00:44:18,729 --> 00:44:20,829 [ Rifles Firing ] 709 00:44:20,895 --> 00:44:22,729 [ Man Shouts Order ] 710 00:44:24,929 --> 00:44:26,729 [ Rifles Firing ] 711 00:44:49,162 --> 00:44:50,862 [ Woman ] You stinker!