Original subtitles

Previously on The Practice. Do you know anything about this?

"Single white female, attorney--" Where'd you get this?

Podiatrist, 40-ish, loves movies and Maine. Spoke to him for an hour last night.

Dr. Braun, I am both mindful of your presence...

in the courtroom every day and of your loss. Why don't you die?

We've heard doctor after doctor talk about Ronald Martin--

How he was temporarily insane, how he wasn't responsible.

Ronald Martin, the man who strangled Donna Braun for seven minutes.

[ Man ] On the charge of first-degree murder, we find the defendant...

not guilty by reason of temporary insanity.

You're filth! You should die! You should die!

[ Braun ] I shot him. And I watched his neck explode.

And it was joyous.

If Gerald Braun came to you before and said, "Oh, by the way,

I'm going to kill Ronald Martin," I hardly think you'd give him your moral blessing.

Well, you would be wrong, Mr. Goode.

Because Dr. Braun did come to me. And I did give him my blessing.

I don't believe this. That's not in the Torah.

Page Jimmy! As soon as they go off the air, tell him to drag Danny's ass in here!

You encouraged Dr. Braun to commit a homicide.

This is not an appropriate thing rabbis should do with their congregants.

Mr. Warner? Yes?

Detective Robert Bell, Boston Police.

Would you place your hands behind your back, please, sir? What? Why?

He's basically been arrested for exercising his right to free speech.

All speech isn't protected, counsel,

especially the kind that facilitates murder.

[ Bobby ] He gave an opinion.

A congregant came to him seeking spiritual counsel,

- and he gave his learned opinion. - Your motion is denied.

Rabbi Warner will stand trial for accessory to a homicide...

to commence immediately following the Gerald Braun murder trial.

Busy month for you.

[ Woman ] Rabbi Warner, can I get you to comment? No comment.

People have dubbed you the "killer rabbi." Do you have any reaction?

I'd like to respond. I think this "killer rabbi" crap is disgusting.

I mean, if he was black, you'd just call him "killer."

Or if he were a regular white guy, you'd say, "the accused."

But give the guy a yarmulke, and you all gotta push the ethnic buttons. It's shameful.

Jimmy. No further comment.

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

[ Policeman ] You can go on in.

Okay, Stephan, trial is set for tomorrow.

Should be quick. They're putting up the victim and the arresting cop.

That's it. One or two days, unless you can think of anybody who could testify for you.

Questions? Just one. Who are you?

Aren't you Stephan Furnald?

Okay, Stephan? Yeah.

The trial's set for tomorrow. It should be fast.

They're putting up the victim and the officer. Figure one to two days.

Questions?

Make me an offer. You're married.

Stephan Furnald case.

Oh. You got one witness, Renee.

It was night. I get reasonable doubt just thinking about it.

Uh-uh. And your Stephan Furnald has three priors.

The parking lot was well lit. And I have eyewitness testimony.

I'll play the race card. That's why they put me on this case--

to take away your race card.

Three years, two suspended, we plead guilty.

So he serves just one? If you lose, he walks.

Look, I'll tell you what. I shouldn't do this.

I mean, I could lose my job. But, uh, a hundred bucks.

Sorry?

Hundred bucks says you lose. You want to bet on it?

You took this court-appointed, right? Mm-hmm.

That means your fee tops at 700.

Now I am just giving you the chance to make 800.

Of course, if you don't really think you can win this case, I understand.

Ah-ah-ah. I'm in. With a rider.

It's double if the jury takes less than an hour to deliberate.

Hmm. You got it.

I don't understand. You're meeting him for both lunch and dinner?

The lunch is to get the meeting part over with. Oh.

The date is in the evening, assuming, you know--

Are you all right?

[ Sighs ] Not really.

The truth is I would have preferred to just keep the phone relationship...

going for another month, or, you know, a year.

Becca, will you help me with my makeup?

Of course.

Thanks.

They'll drop to murder two, but no go on manslaughter.

Which means what?

Trial. No point in copping to second degree.

My advice-- temporary insanity. I think the jury will jump at it.

Temporary insanity. The Ronald Martin defense.

Your daughter was murdered. The pressure of the trial topped off with an acquittal.

You snapped. No.

Excuse me?

No.

I will not use the Ronald Martin defense.

I knew what I was doing. I won't pretend otherwise.

Gerald. No!

- Dr. Braun, you have no other choice. - Look at you.

You're advising me to lie.

And you sit there poleaxed at my hesitation.

Is dishonesty so organic to this system...

that you're actually thrown by a client who opts for the truth?

Let's fix the system next week.

For now, you have a temporary insanity defense oran extended prison term.

If I seem thrown, maybe it's I'm surprised a person who shot somebody...

in the head could be such a stickler for principle.

That's not fair. How dare you. Mrs. Braun,

it is not my function as a lawyer to coddle either one of you.

This is a murder trial. It'll get rough.

If you want comfort, go to your rabbi.

Though I suspect that's partly what got you in this trouble to begin with.

We should go with the rabbi on this one. What does that mean?

Well, stand right up in court and say what Daniel said on the TV show.

It's more right for Ronald Martin to be dead than free.

We can't do that. Of course we can.

Just wink to the jury and say,

"He did it. Let him go anyway." There's a name for it.

It's called jury nullification. And ethically, a lawyer can't argue it.

Our client shot off a guy's head. We're gonna get caught up on ethics?

Put it right to that jury.

Ronald Martin got what was coming to him. What if it was your daughter?

Who wouldn't pull that trigger? This is America.

Boom. Not guilty.

Cancel whatever I got tomorrow, Beck. I'm going to trial.

On Furnald? D.A. won't deal.

She'll bet though. I got a hundred bucks saying I'll win.

[ Sniffs ] Podiatrist?

[ Chuckles ]

You made a bet on Furnald, the armed robber?

The very one. They have an eyewitness.

Have you ever seen me cross-examine an eyewitness, Lindsay? Tell her, Bobby.

He's good. This eyewitness is perfect.

When I hear they're perfect, I just smile.

You want in on the action? Hundred bucks to you.

- Don't do it. - I handled the arraignment on this case.

- I read the incident report. He can't win this. - Lindsay, don't bet him.

- A hundred bucks. - Cha-ching!

- [ Both Laughing ] - You cannot win this case.

And if you do, I'll be watching. The education will be worth the money I lose.

- Come on, Jimmy. - You cannot win this case.

You won't.

The defense reasserts its plea of not guilty, Your Honor.

And we would be seeking an immediate trial date.

Not guilty by reason of insanity?

No, Your Honor. Straight not guilty.

Do you plan to challenge the constitutionality of the confession?

No, Your Honor.

Plea of not guilty is so entered.

I'll see counsel in chambers.

- Well? - My client insists on not guilty.

- He refuses to argue insanity. - You're going jury nullification?

I don't know what I'm doing yet.

You don't know what you're doing and you're asking for an immediate trial?

Do I look like an idiot? Do I?

I will hammer that jury with the strongest instruction I have ever crafted. Know that.

I've got a job to do, Your Honor. As do I!

You'd better come up with something else.

I will not let you argue to the jury that they ignore the law!

I'll just be going not guilty on the elements, Your Honor. That's it.

Right.

[ Thunder Rumbling ]

Working late?

Trial starts first up. I'm curious, Eugene.

Why didn't you ask for a probable cause hearing?

On this? If nothing else, it would've been good for discovery.

They only would've put up the cop. And there's no discovery with him.

The whole case is the victim's eyewitness testimony.

Then why didn't you try to get it kicked on constitutional grounds?

You going to law school on the sly, Rebecca?

You don't need to be a lawyer to know...

there's something wrong with an I.D. made while the suspect is wearing handcuffs.

The suspect was made three times. Once before, once after the arrest.

Okay.

I guess I'm wrong then.

Say what you have to say, Rebecca. Since you ask,

this case is court-appointed.

You get paid the same, which isn't saying much, no matter how much time you put in.

Seems to me you could've brought probable cause or motions to suppress.

But you're happy just to jump through the court-appointed required hoops.

- Done? - That's all.

- First off, the guy did it-- - Almost all our clients did it.

- I thought you were done. - I had no idea you were gonna say that.

Second, a probable cause hearing or a constitutional challenge,

they would have been so futile--

- But you could've preserved the grounds for appeal. - Third!

- How I choose to defend a case is none of your business. - Firm business is my business.

And if I see malpractice, it's my responsibility-- Malpractice?

Rebecca, you know nothing about the actual practice of law.

And you seem to be overlooking the fact that I'm going to win.

Winning rarely amounts to malpractice.

Good thing for Mr. Furnald you got money on it.

[ Door Closes ]

Let me ask you a question.

All that stuff you were saying earlier, "Who wouldn't pull the trigger?"

All that stuff? Yeah.

Level with me, Jimmy. When you first heard...

Jerry Braun killed Ronald Martin, how'd you feel in your gut?

My gut? In your gut.

I said to myself, "Good for him."

I mean, I don't support it or nothin'.

But if I had a daughter and somebody killed her, I'd want him dead.

You think the jury will think like that?

I do.

So what we need is some legal angle...

that allows them to go with how they feel.

Well, you mean some legal angle that allows them to ignore the law?

Yeah.

[ Chattering ]

[ Sighs ] Man, what's taking so long?

The judge will be in any second. The jury will follow.

Let me see the face again.

Good. Now sit up straight.

Don't scowl, no matter what the witness says.

Yo, when do I get to testify?

We'll cross that bridge when we're drowning. For now--

[ Man ] All rise.

I got it. We got a defense.

Moral justification.

- It's a duress theory. Little used. - Moral justification?

Not an absolute defense. But it can get murder shot down to manslaughter,

which in this case, is as good as an acquittal.

What do you mean, it's "as good as an acquittal"?

The D.A. is only charging murder. He's not charging manslaughter...

in the alternative because he's afraid if the jury has that option, they'll jump at it.

Now, I'm confused.

If he gives the jury the choice between murder and manslaughter,

he's figuring the jury will pick manslaughter, you being sympathetic.

So he takes away that choice by not charging anything but murder one or murder two.

He's going all or nothing.

Which means if we can convince the jury you're only guilty of manslaughter,

you get a straight acquittal.

Could they then come back and charge him with manslaughter?

No. Double jeopardy applies to lesser included offenses.

They have to charge manslaughter now, or forever lose it. Good going, Jimmy.

See, now we got something to go in there with.

You were acting in the heat of passion.

The passion was your sense of moral right.

It's different from straight jury nullification. And we can argue that.

Good going, Jimmy.

[ Man ] I was loading groceries into my car when he appeared.

He being? The defendant.

He suddenly had a knife at my chest,

demanding my watch and wallet, and saying that he would kill me.

And then he lowered the knife to my groin area.

What happened then? I gave him my watch and wallet.

- And then what happened, sir? - He just ran off.

[ Renee ] And this all happened about what time?

[ Man ] It was exactly 9:03 p.m. I looked at my watch,

probably 'cause I knew I'd never see it again.

And how was the lighting in this area, Mr. Agosta? It was very good.

There were lampposts every four parking spaces.

And five of the eight cars near to mine were white,

which I'm sure added to the brightness.

- I got a perfect look at him. - Now, Mr. Agosta,

did you have an occasion to see the defendant again?

Yes, I did. The police responding to my call...

said that a man fitting the general description had been picked up about a mile away.

And we drove to the area. And the police had that man in detention.

And I identified him as the man who robbed me.

Now, Mr. Agosta, can you state with absolute certainty...

that this man sitting here at the defense table...

is the same man that you saw...

on two occasions on the night of February 12...

and then again in the police lineup on February 13?

I'm absolutely certain, yes. That's the man.

Thank you. I have nothing else.

Your witness.

Mr. Agosta, you seem to have a pretty good grasp of the detail.

Well, I'm a photographer by trade. So, uh, yeah.

I have a pretty good eye.

I'd say outstanding. You not only remembered that five of the eight cars were white,

you even identified the little trees the suspect hopped through when he ran away.

Well, yeah. Like I say, I have a photographer's eye.

Yes.

But when it came time to describe the suspect himself,

you said only that it was a "black man with a big head."

Well, it was him.

You sit here today remembering the placement of lampposts,

the color of the surrounding cars, the exact time to the minute,

but as for what the suspect looked like, "black," "big head."

Yes, sir. As I said, I'm certain that it was your client.

Mr. Agosta, were you a little scared,

this knife all of a sudden being put to your chest?

I was scared, yeah. But if you're asking...

did it compromise my powers of observation, I would honestly say no.

You were looking at the knife, weren't you?

- I was looking at both the man and the knife. - Uh--

Well, for the knife you remembered "stainless steel,

serrated, wooden handle, nine inches."

For the man, "black," "big head."

Look, I'm not gonna say that I wasn't frightened.

Would you say you were very frightened?

Very frightened. Why? You know you get along.

You've been laughing and talking on the phone.

Yeah, but he hasn't seen me yet, Rebecca. Today he sees me.

Ellenor, you are a very beautiful woman.

Yeah. Well, maybe I'm just nervous about the whole,

you know, eyes of the beholder thing.

Moral justification? For a homicide?

- It's different than jury nullification. - It's not different.

- He's gonna be arguing-- - I don't have to be drawing you a map.

Your Honor, I'm bringing this to your attention now...

so we don't waste time going back to chambers once the trial starts.

I'm arguing heat of passion. The passion can be driven by a man's moral state of mind.

- That's ridiculous. - Fine. You make your arguments. I'll make mine.

Is this why the rabbi is on the witness list? Is he gonna be testifying God is on your side?

Whatever he testifies, you can cross-examine.

Mr. Welk, I seriously suggest that you charge manslaughter in the alternative.

Not a chance. If you don't make murder two, he walks free.

They're flaunting this. He planned his crime. He went home.

He went to discuss it with his rabbi first.

This wasn't heat of passion. This was cold, calculated execution.

Then these people go on television and exalt it.

This is murder in the first degree all the way.

- The jury might reject that. - We're not offering manslaughter.

This is exciting.

You gotta admit. Okay.

Somebody is gonna be real disappointed. Are you still ready to try this next week?

- Ready. - Ready.

Ready.

I am.

[ Eugene ] Mr. Agosta, when the police told you they might have the guy...

and you got into the squad car to identify the person they had,

truthfully, you wanted it to be the man who robbed you, didn't you?

Of course I did. I wanted him off the street.

- And I wanted my watch and wallet back. - Ah, that's right.

Do you know whether they found your wallet and watch in the possession of my client?

- I'm told they didn't. - What about the stainless steel serrated knife?

Did that turn up? I'm told it did not.

When you pulled up to the scene, where did you see my client?

He was standing between two uniformed police officers about 20 feet away.

He was handcuffed? Yes.

And you said, "That's the man. That's the man who robbed me," right off.

No. No. I got out of the car and took a close look first.

- You didn't identify him from the car? - Nope.

So as you looked at him from the car standing 20 feet away, he didn't look familiar?

Well, eh, it looked like it might be him.

- How so, sir? - Well,

size and build-wise, it could've been him.

[ Eugene ] Size and build?

Ten minutes earlier, you couldn't give the officers a size and build description.

Well-- Look, I was still in shock a little bit. I'd just been assaulted.

You were in shock? You mean your powers of observation might've been affected a little?

Objection. He's badgering the witness.

- Overruled. - As you saw this man standing 20 feet away,

what about him made you think this is the man who robbed you, sir?

I don't know. I just remember thinking that it might be him.

So that's why I got out of the car to take a closer look.

And when I saw him up close, I knew it was him.

- But you couldn't recognize him from 20 feet away? - That's right. I said that.

- Asked and answered. - You couldn't identify my client from 20 feet away.

- Asked and answered. - But yet the next day in a police lineup...

standing 20 feet away, you did recognize him.

- How is that possible? - Objection.

- [ Judge ] Overruled. - Twenty feet away the night before you can't tell.

Twenty feet away the following morning, you pick him out in an instant.

After I saw him the second time,

there were other characteristics that registered--

um, build, stance, posture--

Ah! So the next day when you picked my client out of a lineup,

you were going off the things you saw when he was in police custody?

Well, yes. Not the things you remembered in the grocery store parking lot?

By the way, would you call that a big head?

Well, it seems smaller today.

But you told the police you were absolutely certain the suspect had a big head.

- Maybe I was wrong about that. - Or maybe you were right.

A photographer by trade with a gift for the detail, maybe it was somebody with a big head.

- It was him! - Then you were wrong about the big head?

- I said I was! - How could you be wrong about something so general as that?

I don't know, sir! As I said before, I was in some shock.

Oh, yes! You were in some shock.

What's up?

What's up is I gotta know something.

What? When Gerald Braun came to you,

when he left your office,

did you know what he was about to do?

Think I wouldn't have stopped him?

Danny,

did you know?

Of course I didn't know.

I knew he wanted to kill him.

I never thought he would actual--

Of course I didn't know.

Then why didn't you stay with him? You knew he needed you.

Exactly what's the accusation here?

Danny, help me out here a little, please.

Don't you think you gave him the moral empowerment?

Don't you think you gave him the righteousness he needed to see it through?

Let's not kid ourselves.

Ronald Martin is dead in large part because of you.

I'll ask again.

What's the accusation?

I am walking uphill into a murder trial that will be very difficult to win.

I need to know exactly what I'm dealing with.

Friend to friend,

I don't grieve for Ronald Martin.

But I never thought Jerry was about to go off and actually kill him.

[ Man ] He appeared to react nervously to our presence.

Fitting the general description of the suspect,

we detained him until the victim arrived, making a positive I.D.

Thank you, Officer. No further questions.

He reacted nervously to your presence.

- You shined your searchlight right in his face, didn't you? - We shined it on his person.

Do you think it's unreasonable for a black man in South Boston...

to be nervous about two policemen pulling up...

and illuminating him like a deer caught in their headlights?

I don't think he had any reason to be nervous if he were innocent.

Silly me. The general description...

you were talking about, that would be "black," "big head"?

Yes. Did you or your partner...

approximate the circumference of my client's cranium?

We detained him because he was black in the area of the crime acting suspiciously.

Acting suspiciously before you lit him up?

Um, no, after.

Thank you. That's all.

The prosecution rests, Your Honor.

Thank you, Officer Guthrie. You can step down.

Mr. Young, we can break, or you can call your first witness.

We rest, Your Honor.

Concluding arguments at 3:00. We'll adjourn till then.

[ Gavel Raps ] What's going on?

Trust me. Shouldn't I get up there and say I didn't do it?

You take the stand, your priors are gonna be put into evidence. This way it stays out.

Yeah, I know. But if I say nothing, how is that gonna look?

What are you gonna say, Stephan?

That you were just out taking a moonlight stroll on the streets of South Boston?

Nature walk? You got three felony priors.

How would that look? They didn't make their case.

That's our defense.

Come on.

[ Chattering ] ♪ [ Country ]

Ah. Hey.

[ Man ] Sorry I'm late.

Excuse me. I'm supposed to meet somebody.

[ Scoffs ]

- George? - Ellenor?

Hi. Hi. Finally.

What a pleasure. And what a relief to be getting this part over with.

Absolutely.

Oh, sit. Please, sit.

You lied to me. You said you weren't beautiful.

Oh, well, you know lawyers. We're taught to conceal the facts.

[ Chuckles ] And just as funny in person.

Well, I am not gonna lie. I was so nervous about meeting you.

Jimmy, come on. I spoke with Sackman and Kent, the jury consultants.

They gave me a list of questions we should be looking to get "yes" answers to.

Good. I'm gonna go try to kick venue to Charlestown. Why?

People grow up with an "eye for an eye" code in Charlestown.

Our kind of folks.

- Listen-- - What?

Uh, Bobby,

I feel a good connection to the Braun case.

I kinda came up with the game plan.

And I was wondering whether maybe I could run with it.

Jimmy, you've been doing great work. But this is a jury trial.

I was losing with jury trials 'cause I sweat.

And sweat on the forehead makes you come off distrustful.

But I've corrected the problem.

You saw me on TV. I didn't sweat.

Under hot lights even. Not a bead.

Jimmy, I-- I don't know.

I'm right for this one.

You gave the tobacco case to Lindsay even though she'd never done a jury trial.

You had a feeling and you went with it.

Yeah.

Well--

I don't have that feeling here.

Oh. Okay.

I want you as second chair. You're important to this case, definitely.

Okay. Sure.

Okay. Let me know what you need. I will.

"It was him." "It was him."

"It was him." "It was him."

Now how many times did we hear Mr. Agosta say this?

Now he was standing nose to nose. The lighting was clear.

And he told us in this courtroom...

that that is the man that stuck a knife to him,

threatened to kill him, and then robbed him.

Now the defense counsel...

did a lovely job of trying to confuse the witness,

rattle him, see how much water he could make him drink.

But he could not shake him...

on the one and only issue in question here.

Who did it?

He did.

He did.

No, he didn't.

But that's what we all want to believe. Let's be honest.

'Cause if it's him, we can be relieved that the bad guy's off the street.

We can feel safe. And that's what Mr. Agosta wanted to believe...

as he was driven to see the man in police custody.

Let it be him. Let it be him. Damn it, it must be him.

And when he saw Stephan Furnald there with handcuffs on,

it became just a little bit easier to conclude it was him,

didn't it?

Let me tell you what I think you may already know.

A man puts a knife to this person.

And as he says in his testimony, he went into shock.

And nothing really registers. Just "black," "big head." That's all.

Then the suspect runs away.

And Mr. Agosta gathers himself. He settles.

And while waiting for the police to show up,

he takes stock of the lampposts, the white cars, the fern trees.

That's why he remembers that stuff.

He processed it in a relative state of calm.

But in the heat of the crisis, "Black!" "Big head!" That's all.

And if you were to believe that description, you must acquit.

'Cause Stephan Furnald doesn't have a big head.

My head's bigger than his. So's Your Honor's.

- No offense. - Just proceed, counsel.

The reason the law demands a police lineup,

ladies and gentlemen, is because it is an accepted truth...

that when a victim identifies a lone suspect in police custody,

he is more likely to automatically conclude it's the guy.

As a matter of law, those identifications...

are deemed unreliable, untrustworthy, tainted.

That's why the police had to bring Mr. Agosta back the next day...

for him to pick a suspect out of a lineup.

'Cause the I.D. he made the night before was unreliable,

untrustworthy,

tainted.

Now you might say, he did pick Stephan Furnald out of a lineup.

Of course. But he wasn't identifying the guy who put the knife to his groin.

He was recognizing the man he saw in police custody.

But the man in custody, this man,

is not the man with the knife, not the big-headed man.

This man is only who Mr. Agosta wants to believe is the bad guy.

And he admits his confusion. Big head, then no big head.

It's a normal-sized head now. Imagine that.

So all we're left with is black.

Stephan Furnald sits here black!

Just black.

They found no knife, no wallet, no watch.

There's no physical evidence.

Just an eyewitness, who in shock...

said that he could only give a general description.

Half of which, the "big head" part, he retracted.

Do I really have to stand here and argue...

there's some reasonable doubt?

This was great. [ Exhales ]

Listen. Can I, um, give you a ride or walk you to your car?

Oh, no. Actually, um-- Excuse me.

I'm, uh, gonna go to the clerk's office. It's just across the street.

What about tonight? Did we decide dinner or movie? Uh--

I meant to bring the listings, but I forgot. You know, George.

I'm gonna need to take a rain check on that. I'm sorry.

Oh? Well, okay.

It's just that I'm working on this big 10-B5 case which I thought was gonna be continued.

The judge suddenly is just trying to jam us.

I think he wants to try and force a settlement.

I have to be in federal court first thing in the morning. Sure.

Well, maybe Friday or Saturday night. I would love to, really.

I would. Um, I have some houseguests coming.

Otherwise, it'd be great.

Listen, why don't I call you tomorrow.

I can get my calendar out. And I think I'm really very clear next week.

I'm, uh, out of town next week.

Okay. Um-- What about, uh, week after then?

Fine. Week after sounds good.

Great.

I just got this fax from the clerk's office.

A notice of appearance of a new D.A. in the Braun trial.

Asher Silverman? You know this guy?

Asher Silverman is a legend. He has never lost a murder trial.

- So this'll be a first then. - He's also an Orthodox rabbi.

What are they up to? This must be in response to our moral duress strategy.

- He's a D.A. and a rabbi? - Mm-hmm.

Maybe this makes him more compassionate. He could be willing to deal.

I don't know how he is as a rabbi, but as a D.A., this guy is ruthless.

They're not bringing him in here to make a deal.

This is obviously to offset any argument we make on Jewish law.

- Which is why I gotta know. - We're on solid ground.

Ah. Ellenor, good. I need you. You're third chairing the Braun case.

I'm really sorry, Bobby. I just can't do that.

Why?

I'm just not comfortable working on this case.

Please don't ask me to participate.

I'd really ask that you respect me on this.

Okay.

[ Goode ] Forgive me.

Could I be so intrusive as to ask why?

You wore your yarmulke on that television program.

When a rabbi speaks as a rabbi,

he represents Judaism.

You represented it as vengeful.

And as a Jewish person, I was offended.

I--

I'd just rather not work on the case.

Fine.

I don't know why you didn't tell my side of the story.

You told me you were out for an innocent walk. That's all I needed to know.

You didn't ask no hard questions. It's almost like you didn't wanna know.

Well, defense lawyers gotta play by certain rules.

And one of them is I'm stuck with whatever you tell me.

And I can't argue something I know to be a lie.

So, sometimes the less I know, the more free I can be with our defense.

Now you... follow any of that?

Yeah. All of it.

They have a verdict. Whoa.

Thirty-six minutes. I can tell time.

All right.

Will the defendant please rise?

Members of the jury, have you reached your verdict?

We have.

On the matter of Commonwealth versus Stephan Furnald,

on the charge of first-degree armed robbery,

we find the defendant not guilty.

[ Chuckles ]

All right, Stephan. You're a free bird. Eat right and exercise.

Thanks. [ Judge ] The defendant will see Probation.

Then he will be released forthwith. Adjourned.

[ Gavel Raps ]

Small bills only. Mm-hmm.

Buy yourself a new tie.

Oh, Mr. Young. I'm free no matter what now, right?

Correct. So, no matter what they say, they can't retry me or nothing?

Also correct. Double jeopardy. But I wouldn't be holding any press conferences.

[ Scoffs ] Oh, man.

I only want to say this to you.

I didn't do it. Man, I didn't stick that guy up.

I was just out taking a walk.

So, uh, thanks for believing in me.

What'd he say?

You know,

just thanking me.

Ah.

- Change of venue to where? - Uh, Charlestown, Your Honor.

You could still keep jurisdiction if you want.

You think there might be less media attention in Charlestown?

Could it be possible that you want a Charlestown jury, counsel?

- I'm just looking for a fair trial, Your Honor. - [ Chuckles ] Yes.

Or you might be looking for a jury to come back and pronounce your client mayor.

Motion to change venue is denied. Gerald Braun will stand trial here.

[ Gavel Raps ]

I postponed it. That's all. So now what happens?

You know, the usual.

You know, I'll call him at home during the day when I know he's at work.

I'll leave him a few polite messages on his machine.

He'll eventually get the message.

And then-- I don't know--

I'll meet up with him sometime around... never.

You got it all figured out, huh? Oh, yeah.

I know how it works. Trust me on this one.

Ellenor, you had no right to do that.

Right? I need a right?

For the kind of treatment you expect from other people--

It just wasn't there, the chemistry. It's got nothing to do with rights.

But you rejected him because of his looks. And?

"And"? And you can live with that?

Can I live with it?

Yeah.

I've been living with it my entire adulthood.

I'll survive. And I'm sure so will George.

You could've at least been honest with him.

Playing that stupid game? I mean, come on.

Let me explain something to you, Rebecca.

You're grateful for the game.

You appreciate some excuse like houseguests,

or there's just too much work piling up.

It's a lot easier to take than the truth.

And it's a lot easier to believe, even--

And as for my right,

if I have ever earned an entitlement to anything--

Never mind.

First up, Jewish law.

Between now and next week, you are gonna make me an expert on the Talmud.

Hey, how'd lunch go? Oh, fine.

Good. Jimmy, where were you?

- Venue motion? - Somehow I thought you'd be okay without me.

A minute, please, now.

I want and need your help on this case.

But make no mistake, you are not a good trial attorney.

I'm sorry to be brutal, Jimmy. But this is a homicide case.

For you even to ask for it is selfish and totally unfair to the client.

I consider you an asset to this firm.

But for now, your job is primarily motion practice and trench work.

Let's not have any illusions.

Now come on. We have to meet with our client.

♪ [ Blues ] [ Chattering ]

Hey. Hey.

I'm buying. Came into some cash. Another one.

Yeah, I heard.

Usually when you win, you come back with a strut.

[ Chuckles ]

My client did not commit the crime with which he was charged.

And it never even dawned on me that he was anything but guilty.

Well, they almost always are guilty.

That's not the point.

The point is the one you were trying to make yesterday.

I'm convicting them before they even get to the judge.

And I'm the defense lawyer.

Yeah.

Well, you got an acquittal.

Yeah.

Probably why I feel so good.

[ Chuckles ]

To the winners?

[ Thunderclap ]

Am I the only one that sees the utter perversity of this?

Ronald Martin commits a murder, they assign a junior varsity D.A.

For me, they bring in the heavyweight.

Pam Borge is not junior varsity.

But they're pushing harder on this than they did on Ronald Martin.

That's because you went on TV, Danny, and you embarrassed them.

- They're making an example here because of you. - I was trying to protect him!

Well, you didn't protect him! If you hadn't shot off your big mouth,

we'd be getting manslaughter right now.

- It's still not too late to switch to insanity. - No.

It's not too late to hire a new lawyer either.

That was the sanest moment of my life. I'll get right on that stand and say so.

Say it like that and wave bye-bye to your wife and world.

- Who the hell's side are you on here? - Listen to me, both of you!

The whole world may be cheering!

Publishers may be bidding to tell your story!

All I care about is what 12 people in a box are gonna think!

This D.A. isn't good. He is great!

He has never lost a murder trial!

And if he can convince those jurors to ignore the cheering and the sympathy...

and concentrate on the law like they should be doing, you both go away!

Because you committed premeditated murder, and you were an accessory.

I'm on your side. But I am telling you, we are in trouble.

Next onThe Practice.

- [ Woman ] Rabbi Silverman, what is your position? - There.

Let me tell you a few things about Silverman. He stays still. Almost motionless sometimes.

He'll slowly move towards you. He won't shout or thump his chest.

He just moves in very slowly, trying to intimidate you.

Last chance. We'll still take manslaughter. He could walk.

I think not.

Why don't we just argue temporary insanity? The jury--

No! They'll let you go!

I wasn't insane. I won't say that I was, damn it.

Do you swear to tell the truth, the whole truth,

and nothing but the truth, so help you, God?

So help me God.

[ Woman ] You stinker!