All language subtitles for Boston.Legal.S01E10.2004.Disney+.WEB-DL.1080p.H264.DDP-HDCTV_track5_[eng]

♪ Bells will be ringin' ♪

♪ The sad, sad news ♪

♪ Oh, what a Christmas ♪

♪ To have the blues ♪

♪ My baby's gone ♪

♪ My baby's gone ♪

♪ I have no friends ♪

♪ To wish me greetings ♪

♪ Once again ♪

♪ Choirs will be singing ♪

♪ Ah, ah ♪

♪ Silent Night ♪

♪ Christmas carols ♪

♪ Ooh, by candlelight ♪

♪ Please come home for Christmas ♪

♪ Please come home for Christmas ♪

So do I get my kiss or not?

Tara, the way mistletoe works is,
the one standing under

is the one to receive.

Well, I prefer to meet in the middle.

Well, I do enjoy your middle tremendously,
but a kiss really is more traditional.

♪ Oh... ♪

♪ Sure as the stars... ♪

And the anticipation is pure.

-Sally!
-Hi.

The last thing I want to do is
come between all that collagen,

but Alan, we have a little problem

and like it or not,
you're probably the best man to fix it.

Uh, this is Carmen Flores.
She works in housekeeping here.

Her ex-husband kidnapped her two children.

This is the third Christmas he's done so.

He brings them to Peru

when it's Carmen who has legal
custody of them for the holidays.

Can't you just go to the judge?

She did that last year,
and it cost her a fortune.

The judge held him in contempt for a day.

He said it's worth it to spend Christmas
with his kids in Peru.

H-- His flight leaves tomorrow night.

I thought maybe you could think
of something.

Didn't you use to be a lawyer, Sally?

Oh, I apologize. There go my lips again.

Must be all that collagen.

Ladies.

Perhaps you two should kiss
in the name of Christmas.

Oh.

Sorry, Sally.

Incredible dress, by the way. I hate you.

Ah, Alan. Mistletoe.

Whatever.

She came home that evening at 9:30,

catching an early flight
to surprise her husband.

But it was the defendant
who was surprised.

Susan May discovered her husband Ralph

making love to a business
associate Marie Holcomb,

and it was more than she could bear.

The evidence will show that the defendant
retrieved a handgun from the kitchen

returned to the bedroom
and fired six shots.

Three into her husband,
three into Marie Holcomb.

This is the holiday season.

You people should be home
with your families right now.

I apologize for that.

Marie Holcomb’s mother and father fly here
every December from the west coast.

This time, it's to attend the trial
of their daughter's killer.

Susan May destroyed
a lot of happy plans with that gun.

-Get in Christmas.
-Sorry?

Christmas is ours and Susan’s.
Don't let him claim it.

I, too, would like to apologize
for taking you away

from your families
during this holiday season.

That's Susan’s family seated over there.

They would dearly love
to be home with her.

She would dearly love
to be home with them.

Imagine, if you can,
as you prepare for your Christmas

having a loved one murdered.

Add to that the horror that the police
can't figure out who did it,

and then, if you can possibly fathom,
imagine they decide to arrest you.

That's your defendant,
ladies and gentlemen

a law-abiding, loving,
faithful advertising executive

an innocent woman whose whole life
was just suddenly and wrongly destroyed.

That's your defendant
and that's what the evidence will show.

I, I report police twice
and they say domestic.

He returned the children
both times after Christmas.

Yes.

This why police say
it is for court to decide.

No one involved.

Ah, Denny. This is Carmen Flores.

-She works here in housekeeping.
-Excellent.

Why do I care?

Perhaps you don't.

First off, let me say
how incredible you were last night.

The whole office is still stunned.

Thank you.

Now, on a topic far removed from you
and therefore much less entertaining,

though of some import to Carmen.

Her children have been snatched
by her ex-husband.

Who do you know
at the Boston Police Department?

I know everybody.

You hear that, Carmen?
The man knows everybody.

Her story didn't check out.
It's as simple as that.

That story she gave you was...

She came home, found them dead in bed.

-Was there evidence of anyone
other than the victims

or the defendant
being in the house that night?

None.

And Detective, describe for the jury,
if you can,

the defendant's demeanor
when you arrived at the scene that night.

She seemed pretty shook up.

There was blood all over her.

She claimed she got the blood on her

when she went to her husband's side
to see if she could revive him.

And you don't believe that.

I'm sorry.

It seems the detective is more than
willing to give testimony

against my client.

You don't really need to lead him.

Sustained.

-Did you believe the defendant's claim?
-No.

It was determined that she was standing
approximately five feet away

when she fired the gun.

I'm sorry. I hate to be a nuisance

but did I miss the point
where you said she fired the gun?

Sustained.

Detective, what, if anything,
led you to believe

that the defendant fired the gun?

We did a trace metal test
which revealed she held the gun

and her fingerprints were on the gun.

Hmm.

Anything else?

We know her driver
dropped her off at 9:30 p.m.

She called the police at 11:07

and she told us she discovered the bodies
soon after she entered the house.

If so, why did she wait an hour
and a half to call the police?

As I said, her story just didn't add up.

Seems from your tone, detective,
you consider this kind of a no-brainer.

We applied all our mental faculties
just the same

and concluded your client
committed the crime.

Well, you concluded pretty quickly,
I might add.

You placed her under arrest the next day.

By the way, was the spatter analysis
done in a day?

No. That came in later.

I see. So when you placed Susan May
under arrest, you were going on...

Her fingerprints were on the gun,
for starters.

It was her gun, was it not?

The fingerprints were fresh.

Got there, perhaps,
when she picked the gun up after?

We also had motive,
her evasive demeanor.

She called the police, did she not?

Yes, but she wasn't truthful.

Wasn't truthful when she said
she didn't shoot them?

That, and then she obviously
wasn't truthful about calling the police

immediately after finding the bodies.

You had her examined
by a psychiatrist that night?

Yes.

The psychiatrist said
she was in shock?

Yes.

Possibly the shock of discovering
her murdered husband

caused the delay in calling the police?

I doubt that's what happened.

This doubt is based on
your psychiatric training?

It's based on 30 years of experience
as a homicide detective.

30 years as a homicide detective told you

that the delay in calling the police
could not have been caused by shock.

Let's turn back

to the blood spatter evidence.

This is the blouse my client was wearing
that evening, is it not?

Yes.

A lot of blood. It's all spattering?

Most of that blood
came from handling the bodies.

So where's the spatter
you spoke of, detective?

There are two elongated markings
on the left shoulder.

-Right here, these tiny marks here?
-Yes.

She supposedly fired six shots.

There's only two tiny marks?

The other marks
were likely covered up with the blood

from when she handled the bodies.

Did you analyze these marks
yourself, detective?

I did.

Are you the person in the Boston
police department who does this?

Well,
there are others, obviously

but I started in the lab,
so I'm trained as well.

Was there anyone else in the lab
who analyzed this shirt?

-Yes, we have a junior member.
-A junior member?

It's a high-profile case.

It went to a junior member?

As I said, I analyzed
the clothes with my 30 years--

30 years in the lab?

No.

-How many years in the lab?
-Five.

How about the junior member?
How many years did he have?

I'm not sure.

-More than five?
-I believe so.

Just out of curiosity,

what was his finding?

Inconclusive.

He could not determine
that my client fired a gun?

Nor could he rule it out.

He could not determine
that my client fired a gun.

Correct but I determined she did.

You trace metaled my client.

Did you test for powder residue
on her hand?

-Yes. She tested negative.
-Gee. How could that be?

We determined that she likely
wore gloves when she fired the gun.

So she was careful to wear gloves

when she shot them, then afterwards,
she took the gloves off

and handled the gun.

If she went into shock
as you say,

she probably made a mistake.

Murderers often do.

So for the purpose of explaining
the delay in calling the police,

you don't buy shock.

But to explain why she picked up
the murder weapon bare-handed

after firing with gloves,
you do buy shock.

In fact, you seem to be selling it.

-Objection.
-Withdrawn.

-Did you find the gloves?
-No.

Did you search the entire house?
I'm asking. I don't want to presume.

We searched the house.
We did not find the gloves.

Any evidence
of her leaving the house

after she came home that night?

No.

Any unsolved burglaries
in this neighborhood in the last year?

A couple.

That went well, right?

Yeah, it went extremely well.

The problem, Susan, as we've explained...

the burden of proof is really on us.

I still don't understand that,
as much as you keep saying it.

When you have the scorned wife

being the only one there,
her fresh fingerprints on the gun...

Trust me, we'll argue burglar
but with no sign of a break-in.

-So my chances are the same.
-No.

We did very well with the witness today.
Our chances just got a little bit better.

But if we just...

we stick to the plan.

We'd like you to meet
with Dr. Waylon one more time.

-Why?
-In case we need to call him.

We want to be ready.

I'm not really comfortable
being treated like some patient.

Susan, you put your life in our hands,
did you not?

You need to let us do what we do.

Can I ask you something?

I'm not sure why
I want to ask this now, but...

Do you believe me?

I don't know.

I certainly want to believe you,
but when I look at the evidence...

I at least appreciate your candor.

The question
the jury's going to be asking,

if not you, then who?

And we've got no answer for that.

The fatal wounds for both victims
were to the head.

Death was instantaneous.

And, doctor, were you able
to determine the time of death?

Between 9:30 and 9:45 p.m.

Doctor, did you examine
the stomach contents of the victims?

-Yes.
-What did you find?

They were both relatively full.

After eating, how long does food
stay in the stomach

before emptying into the small intestine?

Generally, one to two hours.

So if the victims finished dining
by 7:30 as reported,

those stomachs should have been empty,

unless they were killed
before 9:30, correct?

Or unless they ate again
after leaving the restaurant.

Were there any signs,
to your knowledge,

that they had eaten at home?

Dirty dishes, recent garbage?

To my knowledge,
there was no evidence of that.

Thank you.

But they could have stopped
on their way home from the restaurant

had dessert or something.

Well, not a medical question but yes.

-Possibly.
-Thank you.

You may step down, sir.

Mr. Shubert?

The prosecution rests, Your Honor.

Ms. Colson.

Let's let them see

some serious thinking going on.

-What's your take on free agency?
-It's killing baseball.

-Hockey?
-No salary cap, no hockey.

-Soccer.
-Nobody cares.

Your Honor, the defense calls Susan May.

It's just that we regard it more
as a domestic custody dispute.

Her recourse would be with probate.

Well, there's where we're wrong, Denny.

I thought if you were to physically
and unlawfully grab somebody

and haul them off to a foreign country,
it would be a crime.

Well, I'll be darned.

So we're wrong, then.

By the way, does one need to be related
to the victim to escape charges?

There's this junior mint
I've had my eye on.

I thought I might borrow her
for a long weekend, perhaps the Bahamas.

As we understand it,
the father always brings the kids back.

That's what I'd do. Be a joy ride.

We're wasting time here.
You two look like good men.

Department's full of good men.

That's why Denny Crane and this firm
invest so much money in your annual ball.

So you'll arrest the husband

because A, Denny Crane wants you to,
and B...

I play poker with some reporters,
one in particular who'd be curious

as to why ethnic child-snatchings
don't get your attention, and C...

The children were kidnapped, and D...

You're officially on notice.

You're good when you get testy.

Came easy today.

My balls hurt.

Let's have that be the one
and only time you tell me that.

I was hurrying home

because, well, I had been away
for about a week

and I was excited to see him.

And when you got home?

I pulled into the garage, went into
the kitchen, called out his name.

His car was there,
so I was sure he was home.

It was only about 9:30.
I couldn't imagine him being in bed.

But...

He was.

And not alone?

No.

What happened, Susan?

I started upstairs,
I called out his name again.

Still no response.

Then I went to the bedroom, looked in.

And I saw it.

Saw what?

At first, just blood.

And then I saw one body. And then another.

What did you do?

I first screamed. I...

I looked at my husband and...

His eyes were open
and there was a hole in his temple.

And I went to him to see
if he was still breathing.

Was he?

No.

What happened next?

I don't know.

You don't know?

I remember talking to the police
at some point.

I remember I...

Them taking Ralph away but...

-Do you remember calling the police?
-No.

Do you remember touching the gun?

No.

-Seeing the gun?
-No.

That's a really convenient memory loss,
don't you think?

You recall not doing it,
finding the bodies dead.

But as for your fingerprints
on the murder weapon,

why you gave the police false information
after delaying in calling the police...

-Jee, just can't remember.
-Objection.

What a perfect way to tell your story

without really being subject
to cross-examination.

Was this amnesia your idea
or was it your attorneys?

-Objection!
-Objection!

Sustained.

Nothing further.

The witness may step down.

The defense calls Dr. Herbert Waylon.

Approach?

This witness is not on their list.

-He's on the rebuttal list.
-What's he being called to rebut?

You just accused my client
of faking her memory loss.

Short leash, counsel.

Step back.

Dr. Herbert Waylon.

Come here. Just get up and down.

Sorry?

You don't need to ask
the 65,000-dollar question.

Because?

He will and then he can't object to it.

It's basically a form
of post-traumatic amnesia.

She saw her husband murdered
and it triggered a blackout.

-She blacked out for an hour?
-In terms of memory.

She wasn't unconscious.

She could've been sitting
in a catatonic state.

She possibly even watched television.

Well, the prosecution thinks
that her memory loss was...

convenient.

Well, I personally examined this woman
the day after the murders.

She was suffering from dissociative
amnesia then, as I believe she is now.

Thank you, doctor.

He's your witness.

I hope you're right.

You can't state to a medical certainty

that the defendant suffered
from post-traumatic amnesia, can you?

To a medical certainty, no.

And you can't medically rule out
the possibility

that the defendant pulled the trigger
that night, can you, doctor?

Bingo.

No, I cannot rule it out.

In fact, while I happen to believe her
version of the events,

I make room for a completely
different scenario.

Which is?

Well, it's possible
she looked into this bedroom

saw her husband making love
to another woman

and that threw her
into a dissociative state.

And in that state, she shot them.

I'm sorry.

You're now saying maybe she killed them?

Well, I believe
she found them dead as she says.

But it's possible
that she saw them making love,

went into a dissociative state,

something we refer to medically
as automatism.

And in that state,
she may have killed them.

Then her brain creates a false memory
of something less horrifying to her.

I have nothing further.

Her brain created a false memory?

Yes, sometimes if a person's
actions are so repugnant to them

they can actually create a false version
that is more psychologically acceptable.

And they believe this as the truth?

Absolutely.

So it's possible

that she committed the murders?

No.

Murder suggests an intent
she would've been incapable of.

If she did this,
and I'm not saying that she did,

she would've likely lost
all conscious control.

She would've acted outside herself.

And as a defense, her brain
would've manufactured this other memory

that she walked in
and found them already dead.

Your Honor, chambers.

They just backdoored insanity.

That's an affirmative defense.
They did not plead it.

We're not arguing.

The witness just testified
she lost all conscious control.

That witness
was simply called to rehabilitate.

You were the one who impeached
my client's truthfulness.

You said that she was feigning her
memory loss.

You went beyond my cross.

Your Honor, this is a ploy.

They're trying to sneak
in alternative defenses.

A, she didn't do it,

and B, if she did do it, she was insane.

Did you coach the witness
to get an insanity?

I called the witness to rehabilitate,
to support her claim of memory loss.

Knowing full well he believed
the possibility

that she committed the murders
while in a dissociative state.

I did not elicit that testimony. He did.

Your Honor,

if we wanted to argue insanity,
we simply could've pled it.

Except you don't want to argue it,
counsel.

You want to argue "not guilty"
and have insanity as a fallback.

Two defenses for the price of one.

I'm sure you'll properly instruct
against insanity.

Yes. And I'm sure the jury will listen.

I move for an immediate mistrial.

Mr. Shubert, you opened the door
on all this with your cross.

-Which was their plan.
-Maybe so,

but you did the damage.

I'll give you time to call
your own experts, but the case goes on.

Mr. Chase, Ms. Colson,

I keep scorecards of all the lawyers
who appear before me.

Now you're being desperate.

Too much?

Just a bit.

I never figured you to place
quite such a premium on a kiss.

A kiss is the promise
of what's to come, Tara.

A kiss is...

The Christmas eve of sex.

I actually favor...

the Christmas eve...

of Christmas eve.

I'm sorry.

It's not the part
where the lips actually touch.

It's the part just before that...

When they're so close.

When you know it's about to happen.

You can almost feel it, taste it.

I like that bit to last forever.

Don't you just love to make it last...

forever?

No.

Mr. Shore.

I'm sorry.

There's a man here.
He says he's delivering

gifts for you and Mr. Crane,
and he says it's urgent.

Mr. Crane is out of the office.

Gifts?

Mm-hm.

May I help you?

Are you Alan Shore?

Not if you're a process server.

Shut up!

-Sir--
-And you, shut up!

Somebody shut down the elevators!

If I hear them go "ding",
I'm going to shoot this man in the head!

Sir, I must tell you, the last time
somebody pointed a gun at me,

they shot me and it hurt.

Terribly.

You think this is a joke?

You got me arrested!

You got my kids taken away!

My kids are all I've got!

Well, it seems you have a gun.
Perhaps if you trade the gun--

All right.

This is between you and me.

You have a hostage.

Everybody else,
pick a door and get behind it now.

Let's clear the floor.

Kill the elevators. Kill the phones!

Everybody, go into an office,
close the door.

Now.

Let's do as he said.
Let's go, come on.

In my office. You heard him!

Come on. Come on!

Okay, Mr. Flores, let's talk.

Christmas is for family.

I go to Peru to be with family.

-My kids are part of that.
-I understand, sir.

It's not what the No Child Left Behind Act
had in mind.

I'm going to kill you.

I'd prefer you didn't.

His name is Julio.
We believe his last name is Flores.

Yes, he's already fired a round, so.
The gun is clearly loaded.

-That's right. Thank you.
-Yes, you can call me on 617

555-0197.

You're here because of your children.

So I'll ask you to think
about your children.

If you go to prison,

they lose their father.

With an arrest,
I'm going to lose all custody.

They already lost their father.

The first forensic specialist to analyze
the blood spatter pattern

said they were inconclusive.

This is a police expert, by the way.

He said the spatters could not prove
that she fired a gun.

He's asking you to believe that
she wore gloves to commit the crime

to explain the lack of powder residue
on her hands

and then she took the gloves off
to handle the murder weapon.

-Move!
It's possible it was a burglar.

The prosecution certainly
can't eliminate the idea

and yes, it's possible that Susan May,

seeing her husband making
love with another woman,

went into a dissociative state,

acted outside of her conscious control.

Go!

BRAD: But it doesn't really matter
whether she pulled that trigger or not.

Because she formed no legal,
mental intent to do so,

which is an element of the crime.

Move, move, move.

Reasonable doubt
as to whether or not she did it

no evidence of intent even if she did.

It all leads to the same verdict.

Not guilty.

It's been almost 30 minutes.

You have to know the building
is surrounded by now.

The police are probably on every floor.

I don't care.

My life has ended, anyway.

No evidence of anyone else being there
but the defendant.

Time of death, 9:45,

15 minutes after she arrived home.

And as to why the defendant
waited a full hour and a half

before calling the police...

Oh, yes, the dissociative state!

That's handy.

However upset you may be, sir,

you must realize that
what you are doing is insane.

I wonder why they didn't plead insanity.

Because there was no powder residue
on her hands?

How to explain insanity,

yet have presence of mind to wear gloves?

That's a tough one.

These are very good lawyers.

You think
you're such a great lawyer.

You feel like a great lawyer now,
Mr. Shore? Huh?

I feel like a busy one.

So if you're going to shoot me,
let's do it.

I have plans.

What happened?

I don't know. I can't see.

Okay, I see Alan. He's all right.

Sir, the phone is going to ring.

I want you to pick it up,
and we want you to talk to us.

No!

See all the police outside?

We must have a jumper.

I hope it isn't Paul.

Denny,
you don't know what's going on?

Why are you women in my office?

You really don't realize what's happening?

You're surrounded, sir.
There's nowhere you can go.

I think I do. Let's take off our clothes.

A man has a gun trained
on Alan Shore out there.

That's why the police are here.

You won't get hurt, sir.

-Out there?
-He's threatening to kill him.

Calm down, sir.

Why didn't anybody come and get me?

All right, then.

Are you mad?

Mr. Crane, I really don't think
that's a good idea.

It's a fantastic idea.

Denny, the police are already here.

Yes, I can see they've got
everything under control.

Sir, we just want to have a conversation.

If that phone even rings, I'll shoot!

Do you hear me?

Tara, when I say "open,"
you open that door.

I certainly will not.

I'm an ex-marine.
I was a trained sniper...

...or was it a pilot?

-Mr. Flores--
-Don't use my name!

Put that gun down.
You'll get everybody killed.

We need to resolve this, sir.

You need to let your hostage go.

-No!
-We want to negotiate...

That's Alan out there.

Don't give us all this.

If you just answer the phone...

-I'm mainly a skeet shooter now.
-This man is gonna die!

So when I yell "pull",
that'll be your cue to yank open the door.

-You are mad.
-Don't be ridiculous.

Pick up the phone.

Don't make it ring!

I'm warning you!

I'll shoot, do you hear me?

Pull!

-Got one down!
-Got him!

-Get that weapon.
-Weapon!

Got it!

Get everybody away.

Denny Crane.

Is he, is he going to live?

He took a hit to the shoulder.
He'll be fine.

Tom DeLay, he's a friend of mine.

He advised me
to keep a rifle in the office.

My question is, did it appear the suspect

was about to shoot Mr. Shore
when you decided to take him out?

No, why the hell would I wait for that?

Mmm.

-Can I get you some water?
-Please.

It's vodka.

You're still shaking.

I thought that was it.

The way I've lived my life,

I've always believed homicide
is what God has planned for me.

It's nice to know you believe in God.

Well, it's a law now in this country,
isn't it?

I love you.

I don't want to marry you.

I'm not even sure I want to date you.

But I love you.

And for your information,
since you love me as well,

this is the point where the boy utters
something poetically romantic like...

..."Me too."

Or perhaps something a little less
on the nose like, "You smell good."

Are you trying to defuse my trauma,
because if so--

No.

I nearly died once and...

I remember thinking at the time
of those who would grieve.

I wondered whether or not I was loved.

You are.

More vodka?

Please.

You smell good.

The defendant will please rise.

Madam foreperson, the jury
has reached a unanimous verdict?

-We have, your honor.
-What say you?

On the charges
of murder in the first degree,

we find the defendant Susan May

not guilty.

On the charges
of murder in the second degree,

we find the defendant Susan May

not guilty.

Oh, my God.

The jury is dismissed
with the thanks of the court.

We're adjourned.

-Congratulations.
-Thank you.

Susan! Susan!
People want to know, Susan!

I don't know what to say to you.

You've given me my life back.

The doctors say you've still got a lot
of healing ahead of you, Susan.

Let your family take care of you.

Um...

That theory that Dr. Waylon had,

that my brain is tricking me

making me believe
that I found them dead when really...

Does he believe that?

He thinks it's possible.

The brain can do that?

So how do I know?

♪ Have yourself a merry little Christmas ♪

Remember when we went
skeet shooting together?

I do.

I barely remember
you hitting a single skeet.

I'm a game player.

This afternoon, did you consider
that you might hit me?

I did.

It's a good feeling, you know,
to shoot a bad guy.

Really?

Something you Democrats
would never understand.

Americans were homesteaders.

We want a safe home,
keep the money we make...

and shoot bad guys.

And save the life of someone you love.

-Wow.
- Big day.

Even for Denny Crane.

I consider myself
many things, Denny,

but being loved has never
been one of them.

And now twice in the same day.

And...

the Red Sox won a World Series.

And the Red Sox won a World Series.

You know, Tara told me
that once she almost died,

and she thought of those who loved her.

But I found in that moment,
it wasn't who loved me

but rather who I loved.

You know whose face I saw, Denny?

Mine?

Liza Minelli’s.

Crazy son of a bitch.

Merry Christmas, my friend.

And I'd say, Happy New Year but...

Next year couldn't possibly be this good.

Next on Boston Legal...

I do not want Shirley Schmidt
in this building.

You're Shirley Schmidt
of Crane, Poole and...

-Schmidt.
-Shirley, this is Alan shore.

-We've met.
-Yes, Shirley

-was in the men's room earlier.
-Inspecting his fixtures.

Denny Crane.

She's still hot.