Original subtitles

Previously on Boston Legal...

I met somebody wonderful.

Fab. And?

And she's suing me for sexual assault.

You need to talk directly to her and hope she's persuaded.

Do we have a chance of getting back?

I... Would like that.

Mr. Shor

you came down here from massachusetts?

Yes. You know what I'd like to propose?

I'd like to propose that you got a problem

with the death penalty in general.

Now is that why you came here, sir? I have a problem

with the state executing a man with diminished capacity.

Jerry?

Katie. Hello. Welcome. Hello.

Everything all right? Yes. Hello. Welcome.

Jerry, your face is beet red. Are you sure you're okay?

I'm fine. I'm not sure you are.

Look at his face. He's completely scarlet.

I'm fine. Jerry, look at me.

Has he been drinking?

What's going on, jerry?

Nothin'.

Jerry.

I lost my cherry.

okay, but first, i'm assuming the sex was safe.

Of course.

Why are you looking at me like I've done something bad?

I thought sex was supposed to be something wonderful?

Well, it is. It is.

Was it?

Yes. It was tender. It was lovely.

It was everything I ever imagined.

And it was with dana?

Of course it was with dana. She's my girlfriend.

Alan. Ah, could I steal you for a second? It's important.

I lost my cherry.

Alan?

what's going on?

We have a new client.

He raped an 8-year-old girl. He's been convicted.

His lawyer has come to us to handle his appeal.

Specifically, she asked for you. I'll pass.

The man has been sentenced to death, alan.

The appeal is before the united states supreme court.

Theunited states supreme court.

The argument is scheduled for wednesday.

I brought all the files up with me, so--

This wednesday? Isn't this a little last-minute?

Well, the truth is, I planned to argue it myself,

but I've tried three cases in my life,

and I'm not ready for the supreme court.

And you think he is?

I've read the transcript from his death case in texas.

You're what I'm looking for.

I have a flight waiting to louisiana.

That's where the client is. I'd like for you to meet him.

I ca--

Did he do it?

He says he didn't. He has an i.q. Of 70, so..

Well, executions of the mentally disabled

are unconstitutional, so-- he was never officially pronounced disabled.

A 70 i.q. Only puts him in range, but in louisiana--

Oh, he could be governor.

I'm from louisiana.

I'm sorry.

It's just when it comes to jokes or women,

I can never resist the cheap ones.

Are you cheap? After you meet the client,

I've arranged for the mooters to be here tonight.

The mooters? A law firm that preps lawyers to argue before the supreme court.

Most have argued there themselves,

clerked for the justices.

They'll tell you how they think, how each one will likely vote.

They'll put you through a mini boot camp

to make sure you're ready. In just two days?

In just two days.

Fired up? Ready to go?

The fact that the supreme court

is even willing to listen to your case

is a very good thing.

Will I get to go home?

No, lenny.

You-- you'll probably never get to go home.

I explained this. This is...

Well, uh, to stop them from executing you.

I never was arrested for a crime before.

You can check.

I never, ever been arrested or convicted of anything.

Will you tell them that?

I will.

And I didn't do what they said I did. I promise.

Make sure you tell them that.

That's really important.

That's really... Important.

Call her?

Well, it wouldn't be the worst idea.

What should I say?

Well, perhaps exactly what you shared with alan and me,

that you found it tender, loving... Magical.

Okay.

Hi, jey. Dana, hello. Welcome.

I was just about to call you to tell you the sex was tender,

loving and magical.

I'm sorry. That's okay.

I'll give you some privacy.

I just came by to say the same thing, jerry.

Last night was really special for me.

It was?

It was everything that making love should be.

You were caring, respectful.

You're a wonderful man.

You're a wonderful woman.

What a day.

It isn't even over yet.

What?

Little field trip, alan?

You think you're going

to the supreme court without me?

Denny, this isn't your kind of case. If it's before the supreme court,

it's my kind of case.

The ient raped a child.

It's not about the client. It's about me.

Denny-- the only thing missing from my legacy

is an appearance before the highest court in the land.

My best friend has the power to make that happen,

and he didn't tell me.

Denny, the supreme court

isn't the place for my nonsense,

much less... Yours.

I can behave.

I can suck it up one more time,

like I did for my murder trial in january,

when I rose up and proved to the world...

I won that, right? You did.

Alan...

Please.

I have actually dreamed about this

more than anything.

You've never told me that.

Well, I never thought i'd have the chance.

And... Well, I guess I never wanted

to admit to myself

that there was anything I hadn't accomplished.

But... To have the chance, my god,

you and i, to do this together...

That would be everything.

Are you out of your mind?

Look, if I do all the talking--

Denny crane before the supreme court?

We could sell tickets.

Alan... This is not the time,

and certainly, definitely not the place.

How much harm can he really do?

Carl, I'll be doing all the arguing.

Yes, and as your back is turned to denny

while you argue,

who's gonna make sure he keeps his pants up?

You got plans?

Lorraine. Hello. Welcome. Lips!

Dana?

Lorraine. Hello.

You two know each other?

We do.

Uh, we work out at the same gym.

How are you two acquainted? Dana's my girlfriend.

Is she? Well, uh, congratulations to both of you.

Well, our reservation's at 6:30.

We better go, jerry.

It was nice to see you again, lorraine.

You, too, dana.

The moot court will consist of nine mock justices.

Treat them as you would the actual justices,

which is to say with the utmost respect.

You may think you have some idea of what it's like

to argue before the supreme court.

Trust me. You do not.

This will be the most difficult,

the most high-pressure courtroom experience

you'll ever encounter.

The justices are intimidating.

They're often abrupt, sometimes rude, all formidable.

You make a single misstep, you're likely to lose.

You have the added pressure of knowing that if you lose,

your client dies.

Okay, first off, know that a criminal defendant

has a better chance of getting a presidential pardon

than a reversal from the supreme court.

You need five votes.

You're not gonna get roberts, scalia, thomas or alito,

so don't even bother.

You should get ginsburg, breyer, souter and stevens.

Kennedy is the swing. You need to focus on kennedy.

Keep your argument focused on constitutional issues.

Do not-- do not-- do not be talking about your client.

Well, if--

He raped a child.

If this turns on whether they care about him, you lose.

What's up?

This needs to be kept confidential.

May I have your word it shall be?

Okay.

Jerry's girlfriend...

Dana strickland...

What about her?

She works for me.

I beg your pardon?

I didn't entirely give up the brothel business.

Only my london office.

You're still a madam?

I am.

And... Dana is one of your girls?

She is a rather high-priced call girl.

May it please the court, my name is alan shore.

Don't waste time introducing yourself.

They'll know who you are. Fine. I'd first like to direct the court's attention

to the fact that my client has an i.q. Of 70, which-- that's not on the table.

Well, don't you think u should put it on the table

before killing Mr. Serra?

You speak with a tone like that, you're done.

The only issue here is, is it constitutional

to execute for a nonhomicide rape?

This court already held incoker v. Georgia

that the death penalty was not authorized

in nonhomicide ra-- that case did not speak to the rape of a child.

And also, the court looked to

a national consensus at the time,

which was against capital punishment in nonhomicide cases.

Today the consensus is different. Wait a second.

So it's to hell with precedent.

You're going to gauge popular opinion.

Okay. He's a disaster.

My turn.

So, lenny, we argue before the court tomorrow.

They probably won't make a decision right away.

So we all have to be patient.

What about, you know, that I'm slow?

Does that count?

It does. They'll put you in charge of fema.

You'll tell them I didn't do it, right?

Lenny, for the purpose of this appeal,

they have to assume you did.

I want you to tell them I didn't.

And I want you to ask them not to kill me.

I know some guys want to die.

I don't.

I need you to tell them that.

Hey, jerry.

How did your dinner go with dana?

Splendid,thank you.

Splendid.

What's going on?

Jerry, you're aware I once ran a brothel in london

before coming to america.

Yes. Why?

I run one in boston...

And new york...

And several other large cities.

You do?

It's mostly internet-based.

I rarely meet my employees

unless they're extremely high earners.

Why are you telling me all this?

I've met dana...

And it wasn't at a gym.

Many of my employees are in committed relationships,

and I don't mean to indict the legitimacy

of yours with dana.

I tell you this simply because, well, katie and I both feel...

You should know if you don't already.

Can you please go away now?

For what it's worth,

I know dana to be an honest and honorable person.

If she tells you she loves you,

I suspect she loves you.

Please go away. Both of you.

oh, my god.

How lucky can one guy be?

I kissed him, and he kissed me

like the fella once said

"ain't that a kick in the head?"

the room was completely black

I hugged her, she hugged me back

like the sailor said, quote

"ain't that a hole in the boat?"

I've sunshine enough to spread

cigar. Scotch.

And just like the fella said

"tell me quick

ain't love a kick"...

Thank you.

"tell me quick

"ain't love a kick

in the head?"

we coulda gone back to their place for one drink.

It's the night before the supreme court,

and I'm tired. It's always the night before something.

Yes, well, the something tomorrow

is the highest court,

and a man's life is at stake. You used to be fun.

Can you begin to appreciate the gravity of tomorrow's-- oh, please.

A man is facing death. Well, we all gotta die at one point.

Shut up!

You said you wanted to be part of this case.

Well, be part of it, damn it. It's the supreme court.

It's not enough for you that we're out singing

and drinking with the go-go girls,

but now you gotta go back to their...

Sorry.

I don't mean to snap at you.

I'm nervous, denny.

I really didn't think I would be,

but I'm a little scared to death.

I'm sorry.

I've been thinking.

Ah, this kid's...

Best chance...

You should do all the arguing.

It's enough

that I'm in the room.

My legacy will be complete.

Denny--

I-- I'm not ready to go toe-to-toe with rehnquist.

Denny, rehnquist is dead.

Even so...

You argue.

I'll flirt with ginsburg from the table.

Right.

You sure?

I am.

But you gotta do me two favors though.

First, I bet 50 grand that we'd get, uh,

clarence thomas to speak.

The man hasn't spoken a single word

in 154 cases over 2 years.

Well, just mention anita hill...

The porn collection.

Bait him a little.

I'm not gonna bait a supreme court justice.

What's the other favor?

Kick ass.

It's our time in the great hall

in front of the highest court in the country,

maybe the world.

Be respectful...

But kick ass.

Be alan shore for all you're worth.

And you know how they start these sessions?

This, uh, clerk, this really pretty woman,

she says, "oh, yes, oh, yes, oh, yes!"

it's like sex, alan.

It's not "oh, yes." It's "oyez."

What?

Oyez.

Oyez, oyez, oyez.

All persons having business before the honorable,

the supreme court of the united states,

are admonished to draw near and give their attention,

for the court is now sitting.

God save the united states and this honorable court.

I had no idea they sat so close.

We're here, alan. We're really here.

Look at us-- in the supreme court of the united states.

I love you, man. I love you, too, denny.

This morning, we will hear arguments

inserra vs. The state of louisiana.

Mr. Lazarus.

Mr. Chief justice.

How do you distinguish this case from coker,

where we barred the death penalty

for nonhomicide rape? Well, first, Mr. Chief justice,

coker was linked to the rape of adult women.

Dull. Where's the remote? shh.

And second, that ruling relied on the evidence

na tendencia nacional

of a national trend against execution for nonhomicide cases.

Today, five states make child rape a capital offense.

We also have the death penalty for air piracy and treason,

also nonhomicide offenses.

When a child is raped,

the impact is beyond horrible, beyond repair.

And the fact that the raped child doesn't die

doesn't make it any less heinous,

any less unconscionable, any less unspeakable,

Hey, jerry. Ready for lunch?

What's wrong?

Lorraine informs me you work as an escort

at her service.

Is that true, dana?

Is that true, dana?

yes.

Please leave.

Could I have an opportunity to explain?

I don't think there's an explanation you could offer

I would find satisfactory.

Dana, please leave.

Jerry...

I kept part of my life a lie.

When I tell you I love you...

That isn't a lie.

What we had the other night...

That was not a lie.

The punishment is not disproportionate.

It reflects the current national consensus.

This court has been criticized recently

for not standing up for the little guy.

Well, I'm standing here today asking you

to stick up for an 8-year-old girl

who was raped by the defendant.

Okay, Mr. Lazarus.

The red light indicates your time is up.

Thank you, mr. Chief stice.

This is it.

I think i'd rather be fishing.

Go get 'em.

May it please the court, mr. Chief justice,

currently there are 3,300 people on death row in this country.

My client is one of only two who did not commit murder.

You here to give us a box score?

I'd like to provide a context, your honor.

In louisiana,

180 men have been prosecuted for child rape

since this law went into effect in 1995.

Leonard serra is the only one facing death.

Look, counsel, louisiana law permits death for child rape.

And I would respectfully submit that law is unconstitutional.

Based on what?

Based on this court's finding in coker that the death penalty--

Which spoke to the rape of an adult, not a child.

Maybe you need to read it again.

And even if I were to concede your point,

which I don't,

there's a national consensus now in favor of authorizing

the death penalty for nonhomicide rape.

Why, because louisiana passed a barbaric law?

Joing the ranks of saudi arabia, uganda, china--

And other states in this country who-- five. Five states.

That's hardly a consensus.

And none of those other states authorize death

for first-time offenders as louisiana does.

And it should also be noted,

in its reliance on a "national consensus,"

you look to trends in legislation,

laws passed by politicians, mostly around election time,

when they're desperate to appear tough on crime.

The people who care the most about the welfare of children--

Uh, doctors and social workers,

the people who actually treat abused kids--

Have filed amicus briefs

asking you to strike down this law

because they know the death penalty, in fact,

does not protect kids at all, but rather

it makes it less likely the children,

even if they've been abused, will report the crime,

especially if a family member is involved.

No kid wants to be responsible for a relative being executed.

And children often get it wrong.

They are uniquely prone to suggestibility and coercion,

not that the police would ever be guilty of that, of course.

But we already have an epidemic of wrongful convictions

in this country--

As many as 15,000 a year,

too many of them ending up on death row--

And child rape prosecutions are especially unreliable.

And now we want to add, uh, the death penalty

to make these mistakes irrevocable?

Whatever one's feelings are on capital punishment--

And I realize with this court, one seems to be for it--

You simply cannot ignore the fact

that we often screw it up.

We convict the innocent, we botch executions,

which is many states

have declared a moratorium on capital punishment.

That's your true national consensus.

And yet, here comes louisiana,

seeking to expand the death penalty

to nonhomicide cases--

And this is my favorite part-- To kill the mentally disabled.

Are we serious? This defendant was never officially pronounced disabled.

But he is just the same, your honor.

He has an i.q. Of 70. They're gonna kill him

because there was no official pronouncement?

The way this goes, counsel, is we work off a record,

which you are not free to amend. But by record, you simply mean the conviction.

A reading of the entire record shows that he denies his guilt

and always has, he has no prior arrests,

that the victim never even made the accusation

until a full 20 months after the alleged crime.

There was no d.n.a.--

Factual innocence is not something you get to argue.

Well, how silly is that?

You're deciding whether or not to kill someone,

and his possible innocence is irrelevant?

Mr. Shore, I don't like your demeanor, your tone,

and I would remind you of where you are.

I know exactly where I am, mr. Chief justice.

I'm in the supreme court of the united states,

and let me tell you, you folks aren't as hot as all get out. Dear god.

Let's consider yr respective senate confirmations.

You all testified under oath

that you never actually considered

how you would rule on abortion.

You must be kidding me. Never gave it a thought?

No perjury there? Justice scalia...

You went duck hunting with vice president cheney

while he was a named defendant in a case before this court.

Congratulations on not getting shot, by the way, but you didn't

exactly avoid the appearance of impropriety there.

Justice alito, you were caught hearing a case involving

a company you'd invested hundreds of thousands

of dollars in. Huh. No conflt of interest there?

You also don't recuse yourself in terrorism cases

even though your best friend is michael chertoff,

head of homeland security.

Seems to me the supreme court of the united states

should be made of sterner stuff. Am I right?

Justice thomas, at least put down the magazine. Hey.

I really don't think you mean to come after us, counsel.

Oh, but I do. In your short term as chief justice,

this court, with your narrow majority,

has turned back the clock on civil rights,

school segregation, equal protection, free speech,

abortion, campaign finance.

You've been overtly and shamelessly pro-business,

making it impossible for some plaintiffs

to so much as sue corporations,

especially big oil and big tobacco.

Somebody's gotta go after you.

Exxonmobil made over $40 billion in 2007--

$40 billion--

And yet 19 years after the "valdez" oil spill,

plaintiffs are still waiting to be fully compensated.

Justice scalia, you want to overturn the verdict all together

because it's not the company's fault

that the ship's captain got drunk?

But he was a drunk and they knew it.

Perhaps not the best choice

to pilot 53 million gallons of crude oil

through an environmentally sensitive area. You are getting so far off point.

My point is, who are you people?

You've transformed this court from being

a governmental branchdevotedto civil rights and liberties

into a protector of discrimination,

a guardian of government,

a slave to moneyed interests and big business,

and today-- hallelujah-- You seek to kill

a mentally disabled man.

I'm curious. As a group, how many executions

have you all actually witnessed?

I'm sorry. That's...

That's unfair.

I've seen five.

And it is the most inhumane...

Cruel, and unusual hypocrisy

of a system that promises to be just.

I'll ask you to leave your personal politics

out of this, counsel. And I'd ask you to do exactly the same.

The supreme court was intended

to be free and unadulterated by politics.

It is now dominated by it.

You're handpicked by presidents with ideological agendas,

and of the 2 dozen 5-4 decisions

in your 2006-2007 term,

19 broke straight across ideological lines.

That's politics.

And while you claim to be against judicial activism,

you rewrote-- uh, check that-- Invented new law

to decide a presidential election, for god sake.

If that's the way it's gonna be, then at least have the decency

to put your names on ballots like the rest of the politicians

so that we, the people, get a voice.

Mr. Shore, you have said quite enough.

Now you might consider

using what little time you have remaining

to represent your client

instead of your own left-wing agenda. Yes.

I absolutely cannot... Stand up here

and ask anybody to excuse the rape of a child.

If it were my child, I'd want to shoot the son of a bitch

in front of the courthouse.

But the more evolved response

would be to take into account all the circumstances

and to deliberate and decide whether leonard serra

truly represents the worst of the worst of humanity,

for whom we reserve the death penalty.

I've been... Advised by my advisors

not to talk about leonard,

but I am going to talk about him

because leonard serra is not in any way the worst.

Leonard is not a son of a bitch.

Emotionally, intellectually, he is a child.

Is this reallythe person to make an example of?

Of all the men louisiana

has prosecuted for child rape since the passage of this law,

only leonard has been sentenced to death.

Does it strike any of you as fair

that the one guy singled out is the one with an i.q. Of 70?

Really?

Leonard serra is black.

In louisiana, historically, it's been blacks

that have been executed for rape in nonhomicide cases.

In the last hundred years,

louisiana has executed 29 men for rape.

All were black.

On the face of this building,

it reads, "equal justice under law."

I would beg you to honor that.

And finally I'd like to say,

despite my tone...

I have always been

and still am in...

Enormous awe of this institution.

Elected officials represent the will of the american people.

But the supreme court has always reflected our soul

and our... Conscience.

My conscience, and I hope yours,

simply cannot reconcile

executing a mentally disabled man,

whether he was officially pronounced as such or not.

We have to be better than that...

Even if louisiana isn't.

You know, on the... Back of this building

is that magnificent sculpture,

part of which symbolizes the concept of...

Justice tempered by mercy.

If mercy truly lives within these walls,

within your hearts as justices, as people,

you cannot cause this man to be injected with chemicals

for the purpose of killing him

for a crime it's very possible he did not commit.

He asked me to tell you that,

that he... Did not commit it.

He felt it was important that you... Know that.

He also asked me to tell you...

He doesn't want to die.

Well, how long before they rule?

Do we have any idea?

Could be weeks, even months?

Do I have any chance? Well, if--

I mean with you. Let's just say lenny serra's chances

would be better than yours. Tease.

Well, this is good-bye, then.

Yes. Thank you.

Listen, I'm not a very sentimental person, but--

Hey, if you're gonna say anything mushy, direct it at me.

I'll direct it at him.

My father tried to discourage me

from the practice of law,

suggesting that the profession was anything but noble.

Listening to you today...

Well, good-bye, alan,

and thank you.

Carl.

Audrey.

Just to clarify, since you did all the arguing,

should we lose, this does not count on my record.

Of course not, denny.

I don't plan to end up 18-1, if you get my drift.

Alan...

Uh, one second?

For the record,

though some lawyers would've found

your little performance heroic today,

and say, "wow, you really are something,"

be aware, it's not the policy of crane, poole & schmidt

to attack, dismiss, disrespect

the supreme court of the united states.

And should you ever have opportunity

to revisit the great hall,

you will conduct yourself in a manner more commensurate

with the values and policies of this firm.

Notwithstanding, there are those who might think...

You really are something.

Got it?

Got it.

Hey, jerry.

hey.

You talked to dana?

I did.

We're done, finis, terminare...

Kaputski.

I'm sorry to hear that.

Even though I'm sure it has to...

What is that?

That's patty. We've reconnected.

You've r-reconnected with a doll?

yes.

Jerry...

Having a relationship with... An inanimate friend

suggests a certain willingness on our part

to forsake conventional expectations.

Might such an open-mindedness

occasion you to consider a relationship with dana,

if you two really love each other?

Go out with a call girl? Do I look that desperate?

You don't seem at all desperate enough to date a doll.

Look, I'm not saying it wasn't right to end things with dana,

but I am saying... Love is difficult to find.

It's very difficult.

Perhaps you might take a day or two

before declaring ifinis, terminare,

and especially kaputski.

There's a certain finality to ending things in polish.

I'm not gonna date a call girl, okay?

Okay.

Well... Good night, then.

Good night.

I thought scalia would rupture a blood vessel.

And did you see alito?

He hasn't been so offended

since they let blacks and girls into princeton.

I didn't really mean to go on the attack.

I just...

Did I at least make sense?

Not to me.

But I'll tell you this, I admire you.

To march into the supreme court

and fight for a principle you believe in-- wow.

How many people have such a chance

and actually seize it?

You made me proud.

My favorite part...

Was when you got clarence thomas to talk.

We got to see the white house.

Up close, as close as ginsburg's mole.

Did you see her making eyes at me?

Oh, she was hot for me.

What woman isn't?

It's my curse.

You know, I was thinking about what you said

about mercy.

I sometimes wonder whether that'll be part of my legacy.

I mean, will someone stand up at my funeral and say,

"that man had mercy in his heart"?

I will.

I hope they don't kill that kid.

I'm for capital punishment...

But I hope they don't kill him.

Yeah.

I read... Somewhere...

"make time to travel with a loved one

to a special place."

You and I-- First nimmo bay...

And now the supreme court.

Where to next?

I'll think of someplace.

'cause we're not done, alan.

No, we're not.

Not even close.

Maybe we could go to wednesdays.

Next week?

Why not?

Wednesdays... I like it.

Synchro : Speedo Transcript : Swsub.com

www.tvsubtitles.net