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Melanie: Michael? - Melanie.
Hi, they changed courtrooms on us.
- We're over here now. - Oh.
Listen, thanks for letting me observe you in action
No problem.
I never played a lawyer before.
I'd like the result to be somewhere
in the realm of the possible.
It's the role you helped me get, you know?
Well, remember, this is civil, not criminal.
It could be deadly. Don't expect any fireworks.
Hilbar: We were just sitting around watching the TV
when all of a sudden, I hear this hissing sound.
Pssss. I look at my wife and I go, "You hear that?"
And she says, "You mean that psss?"
And I go, "Yeah, you hear it?"
Of course, she had to have heard.
How else could she imitate it?
What happened next, Mr. Hilbar?
Boom happened next.
A huge explosion ripped out the wall of our den.
What part of the wall?
♪ Objection ♪
♪ I want to object to that ♪
♪ I'm objecting now ♪
♪ I say now ♪
♪ I mean, right, right, right, right ♪
♪ Right now ♪
♪ Praise the lord ♪
[crowd laughing]
Why don't you step up, Mr. Pastorini?
What the hell was that?
Your Honor, my client and I have discussed this,
and we feel our case will be more effective
if I sing my objections
as well as some of the arguments
and procedural issues.
Counselor, you will not sing in my courtroom.
- You get me? - Very well, judge.
But I'd like an instruction to the jury
informing them I'm being denied my right
to incorporate music into my defense.
Fine, I'll tell them. Step back.
Members of the jury, attorney Pastorini
will no longer be singing
during the course of this trial.
He'd like you to know he's stopping
only at my urging.
Uh, continue, Mr. Kuzak.
What part of the wall exploded, sir?
Over the heating vents.
All three of them blew out.
There was a huge boom.
I mean, I'm lucky to be alive.
Objection to the term "boom," Your Honor,
on grounds of violence.
Overruled.
Sidebar?
Approach.
[tapping]
Judge McGrath: Counsel!
[tapping]
[theme music]
[music continues]
[music continues]
[instrumental music]
The motion to suppress on Grecco is pending.
If we lose on that, we'll probably come to trial
sometime around the end of the year.
In other words, there's no problem with my being out
of the country for a while?
This a business trip you're taking, Frank?
Business, pleasure.
I always manage a little of both.
Lucky you.
Freeze! Federal drug agents.
Keep your hands where we can see them.
Shut your mouth and put your hands on your head.
Get your hands behind your back, Frank.
I'd like to see a warrant.
Your attorney wants to see a warrant, Frank.
Here's your warrant.
Get your hands back up!
Am I under arrest, too?
Get your hands back up!
You guys should try out for Geraldo Rivera.
You're very tough.
That man is in handcuffs. You don't have to do that.
Just give me a reason, Frank.
[instrumental music]
Hilbar versus Bradley. Michael?
Uh, Hilbar's heating system blew up.
Bradley put it in, but it turns out
that Bradley wasn't even certified.
So we're suing for compensatory and punitive.
[sighs] It's like...
trying a case on the gong show.
Moving on. Meyer versus Meyer.
Yeah, it shouldn't be too difficult.
After the obligatory name-calling
and breast-beating, I'm sure we'll settle out.
In the matter of Markowitz versus Harris.
Victor: We are due in court in an hour.
Children's services has rendered
it's opinion in our favor.
For the record, though, they usually come down
against withdrawal of consent, and the judge is free
to disregard their recommendation,
but it is a plus.
Are you going in, too, Arnie?
Uh, no, Victor thinks that if we go in
with an army of lawyers, it's only going to end up
making the girl look more sympathetic.
On a personal note, Ann, Stuart,
we wish you the best,
and our hearts are with you and little Kelsey.
Hear hear.
Thank you, Douglas.
Thanks.
Finally, our payroll snafu has been rectified.
Our accounts are current,
and income tax pressures not withstanding,
I'm waiting on your billables for the month of March, people.
In short, we are back to business per usual.
Now, if there's nothing else...
we're adjourned.
Good staff meeting, Douglas.
Quick, to the point. I liked it.
Good to have you back in the driver's seat, Douglas.
Okay, Mickey, let's talk numbers.
Let's talk about yesterday.
What the hell was that?
[chuckles]
I was just having a little fun, that's all.
You looked like a candidate for the rubber room, Frankie.
[laughs] Exactly.
And you know what?
When those jurors went home last night,
you think they were telling their families
about what an awful thing
the defendant did to the plaintiff?
No way.
They were saying,
"You should have seen the crazy lawyer we saw today."
And they'll be laughing.
And with each little giggle, the idea
that this is a serious thing gets chipped away,
and that translates into a lighter verdict.
[scoffs] You've got to be kidding.
Hey, counselor, you need to get them outraged
and worked up in order to get your punies.
But they're having too much fun to be mad.
We may lose, but we won't lose big.
Trust me.
Seventy-five thousand. That's the damages plus ten.
No chance. Your guy lied about being certified.
He all but blew up my client's house.
They had to live in a hotel for two months, no.
You are not sliding out of this with just compensatories.
Any more than 75, my guy has to sell his house, he won't.
Well, I guess we have to go back into court.
Okay.
But I've got to warn you,
I'm feeling pretty funny.
And I really hate to beat up on such a humorless guy.
I'll see you tomorrow, Frankie.
I'll be the one dressed like Evita.
[bus engine revving]
In the matter of the United States of America
versus Frank Weiland Ray Dale.
Counsel?
Terrance Flaherty for the government.
Ready, Your Honor.
Abigail Perkins for the defendant.
Ready, Your Honor.
The government asks the defendant
be held without bond, Your Honor.
We have information linking this man
to the sale of millions of dollars worth of cocaine
and linking him to the murders
of Tyrone Weeks and Clifford Bagley.
What's the source of all this information?
A reliable informant.
You just can't say who.
Ask your client why that is, Ms. Perkins.
Better than that, ask Cliff Bagleys parents.
They Id'd his body just before he was supposed
to testify against one of Frank Weiland's lieutenants.
Mr. Flaherty, you're asking that the court
take your word that confidentiality
is necessary here, is that correct?
Only long enough to go to trial, Your Honor.
Given the opportunity, I am confident
we can prove guilt beyond any reasonable doubt.
Abby: I would ask that the identity
of the informant be revealed.
I would ask that a reasonable bond be set
and a hearing pursuant to rule five point one be scheduled
as soon as possible.
Reasonable bond.
He is no flight risk, Your Honor.
He's lived here his whole life.
He has no criminal record.
All his current incarceration does is interfere with him
assisting in the preparation of his own defense.
I believe Ms. Perkins made the same speech
for Mark Ross several weeks ago, Your Honor.
He skipped 24 hours later.
What does that have to do with it?
Judge Crea: Alright, that's enough.
I'm setting bond at a million dollars
or a $100,000 cash equivalent,
with the following conditions.
Mr. Weiland is to surrender his passport.
He's to keep the United States Marshal's office
informed of his whereabouts
and he is to avoid all contact with any potential witnesses.
Suppression hearing will be Thursday morning at 10 a.m.
That's all.
You might have caved a little fast
on the passport, counselor.
Don't tell me how to practice law, Frank.
Flaherty: I want to send a message loud and clear.
We're going after the big shots now,
not just the flunkies.
You talked a good game, Terrance.
You gonna be out here holding a press conference
when the case is dismissed?
It's not gonna happen this time, Frank.
You're the scum of the earth, and I'm gonna prove it.
You do that in court, Mr. Flaherty,
not in the hallway.
Coming?
Tammy: I guess, at first, I was afraid to keep her
'cause I didn't have any money
and I wasn't married or anything.
But now Rick and I are engaged, and...
we know we can take care of her.
Tammy, why did you sign the consent form two weeks ago?
Everybody kept telling me to, but it was wrong.
Look, I'm sorry to be hurting you like this,
but there are lots of babies you can go out there and adopt.
See, she's got my blood, my genes.
She's part of me.
I can't go out and adopt that.
This is non-responsive, Your Honor.
No matter what that contract says, I'm her mama!
Richard: I have nothing further.
When are you getting married, Tammy?
I don't know. Soon.
Soon.
And have you found a place to live yet?
Well, Rick says we're gonna take care of that
as soon as we're married.
How much money does Rick make?
He earns $320 a week.
Victor: And do either you or Rick
have any kind of health or life insurance?
Um, we're gonna get that as soon--
These are yes or no questions, Tammy.
Do you have medical or life insurance or not?
No.
Now, Rick's never graduated from high school, has he?
You don't need a college education
to be a committed parent, Mr. Sifuentes.
No, you don't, Tammy.
Where is this committed parent today?
That's not fair.
Rick couldn't afford to fly out here to California.
That is not fair.
You think it's fair to snatch
a baby from a loving home
when you have no place to live, no insurance...
- Objection! - Withdrawn.
Tammy: No, no, I want to answer that!
There's no question before you.
No, he got to make his speech. I want to make mine.
The witness can make her statement.
No, we don't have money. We're not rich.
This baby is not gonna get swimming pools
and private schools, but there are things
they can't give her, neither.
One day this baby is gonna grow up
and wonder who her real mama is
and she's gonna wonder why she doesn't get to live
with the people who made her, and that is when
she's gonna feel deprived, Mr. Sifuentes,
that's when she's gonna look around at her friends
and wonder why she doesn't have what they have!
And that is a hurt that they can't make go away with money.
Well, if you thought she would be so deprived,
why did you give her up for adoption in the first place?
- I changed my mind. - Yes, you did, Tammy.
And what happens to this child
when you change your mind again?
No, that's not going to happen.
Victor: Because you love her so much, right?
Have you ever tried to visit this child
in the last three months?
Well, no, but...
Have you ever tried to at least
call these people
to at least find out how she's doing?
Well, no, because I didn't think they would talk to me.
Well, did you talk to them before giving up
the baby for adoption
to, to at least satisfy yourself
that, that these are good people here?
No, I...
It was too painful for me. I couldn't.
So you put your own feelings
above the best interests of the child, then, didn't you?
To be with me is in her best interests.
Nineteen-eighty-four, you were arrested and convicted
for selling marijuana, weren't you?
- Objection! - Overruled.
I made a mistake.
You gonna smoke a little dope around this baby, too, Tammy?
Oh, that's not fair. I don't do drugs.
You just shut up! I do not do drugs!
Let the record reflect that the witness is hysterical
and imbalanced.
Let the record reflect
that the witness is hysterical...
Mr. Sifuentes, that's enough!
I am her mama!
[instrumental music]
I have nothing further, Your Honor.
[instrumental music]
[instrumental music]
Why was it necessary to meet here?
Tables in restaurants are too close together.
My house and your office are both probably bugged.
You think my office is bugged?
I think it's possible.
They play dirty when it comes to dope, counselor.
You might also be just a little bit paranoid.
That doesn't mean I'm wrong.
What is it you want to tell me?
The fed's informant, he's a whacked-out junkie
named Louis Perez who used to work for me.
- How do you know? - I know.
Don't worry about how.
Well, just knowing his name isn't gonna help you.
We have to prove he's unreliable
for it to make a difference.
I got rid of him because he's unreliable.
If he worked for you, he's in a position
to know about you.
He's got a record a mile long.
Most informants do.
Look, unless I can discredit him
or he personally recants,
the indictment will probably hold up.
We need to start thinking about what kind of deal
we can strike.
Not yet, we don't.
Frank, there's a lot that you can tell them.
They might be inclined to reduce your jail time accordingly.
Hey, that's the wrong way to think, you understand?
Now, Louis Perez does not send me to jail.
This case will never come to trial.
This indictment will be dismissed.
Play to win, counselor.
Otherwise, you never do.
Ross: She was fully aware of all the terms
when she signed the consent.
In addition to me, she had
independent counsel advising her.
Then there is no question in your mind, sir,
that she knew what she was signing?
None whatsoever.
Thank you, Mr. Burnett. Nothing further.
How much did the Markowitzes pay you for this baby?
Ross: I was paid for legal services
rendered in connection with the adoption.
Richard: How much, Mr. Burnett?
Ten thousand dollars.
And if they now lose this baby,
they get that money back, don't they?
Ross: This isn't about money, Mr. Yzerman.
Don't insult me, Mr. Burnett. This is entirely about money.
You sell babies for a living and you're in here now
trying to protect a commission.
- Objection. Judge Davis: Overruled.
My job is finding good homes
for unwanted babies.
State adoption agencies do that, sir.
The only difference is you get rich off it.
I'm a professional, Mr. Yzerman.
I placed that baby with the Markowitzes
because they presented an ideal match
for Tammy Harris' requirements.
An ideal match.
The night the Markowitzes took custody,
that baby was being shipped from Arkansas to a...
Mr. and Mrs. Arthur Roland.
- Correct? - Yes.
So what happened to them?
They split up at the last minute.
Richard: Gee, it sounds like you were ready to drop
this child into a real stable environment.
- Objection. - Sustained.
And so what happened next, Mr. Burnett?
Did you return the child to Arkansas
and begin anew your exhaustive research
for the perfect parents?
I placed the baby with the Markowitzes.
I spoke to Tammy Harris at every juncture--
Richard: In fact, sir, you called
three other perfect couples,
none of whom happened to be home.
And when the Markowitzes answered their phone,
they suddenly became the ideal parents, didn't they?
It wasn't like that.
Richard: It was exactly like that.
All of this talk about your detailed process,
and it comes down to you standing in an airport
dialing numbers on a payphone,
and the first couple to say hello gets the kid.
Objection!
This man is not on trial here.
His credibility is very much on trial.
He was doing everything he could to close a deal
and he has a financial interest
in seeing that the Markowitzes get custody.
Tammy Harris said yes to them!
Richard: Based on your recommendation to her.
The recommendation was based on the fact
that I believed they would provide an excellent home.
Richard: True or false, Mr. Burnett.
You spent less than 45 minutes matching this baby
and that birth mother with this couple, didn't you?
Ross: I spent hours with Tammy Harris.
I spent hours with the Markowitzes.
But you matched Tammy Harris' daughter with the Rolands!
And less than 45 minutes after it all falls apart,
you hand the kid to the Markowitzes, didn't you?
It may have worked out that way, but--
Thank you, Mr. Burnett. I have nothing further.
Miles: Believe me, nobody feels worse
about this disaster than me.
I remember seeing their den before it blew up.
Let me tell you, it was lovely.
Now, Mr. Bradley, did you tell the plaintiff
that your company was licensed to install these heating units?
Mr. Bradley?
Well, we gave them that impression,
but what we actually said was,
there was no licensed contractor
more qualified than us, and that really is true.
Thank you, sir. I have nothing further.
This was a forced air heating system, was it not?
Miles: Yes, it was. - Mm.
And when you installed the new furnace,
did you take out the old gas feeds?
No, we didn't.
Michael: Well, isn't it true, sir, that the kind of gas feeds
used in this house have a known tendency
to become corroded or brittle?
Your honor, due to the unusual dullness
to this line of questioning,
I'd like permission to tell a joke.
- Objection! - Denied!
In the alternative, a short riddle, a limerick?
No.
[sighs] Shot down again.
Mr. Pastorini!
[coughing]
Not now, judge. I'm dying.
Judge McGrath: Get in my chambers! Now!
[jurors laughing]
[indistinct chatter]
[machine beeps]
- Hi, Michael. - Grace.
Meet Melanie Hayes. Grace van Owen.
- Hi. - Hi.
Melanie: Nice to meet you.
I don't want to interrupt.
I've got a call to make before the afternoon session.
- Sit here. Grace: Thanks.
[indistinct chatter]
Are you free to get away this weekend?
Some R&R would be good for us.
[scoffs]
You really think that's going to make everything okay?
Are you seeing her?
No, I'm not seeing her.
We had dinner together. It was fun. It was relaxing.
It's the kind of thing you and I should be doing a lot more of.
I'm sorry the fun is in short supply.
I'm a little exhausted, you know?
Oh, yeah. Yeah, I know.
This relationship is 100 percent voluntary, Mickey.
That's right.
That's what makes it so fragile.
Grace... when we first met...
we had passion.
I want to know where that went.
I don't know.
I have a client to meet.
Michael: So do I.
I'm willing to be late for mine.
I can't.
Grace, I want to know why two people who care so much
spend so much time beating each other up.
Dr. Nagel: And, at five months, the baby knows no other parents
than Mr. Markowitz and Ms. Kelsey.
And, doctor, in your expert medical opinion,
what would be the effect of removing this baby
from the Markowitzes' custody?
Well, to start with, she could experience
serious psychosocial retardation,
making it extremely difficult for her
to form new attachments with other people.
Her motor skills could regress.
Her intellectual development might be impaired.
She might even experience a suppression
of her immune system.
Would any of this damage be permanent?
Dr. Nagel: It's very possible.
A separation like this could shatter
the child's sense of trust to the point
where she might never go back to developing it.
She could grow up completely indifferent
to human attachments.
Victor: Now, doctor, based on your medical training
and your observation of the baby,
do you have an opinion as to whether she should be
taken away from the Markowitzes?
It's my opinion that such a separation
would be extremely detrimental to the child.
Thank you very much, doctor. Nothing further.
There's no scientific evidence
to support your view that a separation of this type
would cause any long-term harm
to a five-month-old child, is there?
There may be no scientific evidence,
but there's plenty of anecdotal information.
But anecdotal information is insufficient
to support a definite medical conclusion, right?
Dr. Nagel: My opinions are based
on years of research, counselor,
as well as my specific findings
that Tammy Harris would provide
an environment of instability for the child.
Richard: You ever meet Tammy Harris, doctor?
Well, not personally, no,
but I've read the social worker's report.
But you've never met Tammy Harris, have you?
- No, I haven't. - Thank you.
Dr. Nagel, you testified that you observed a bond
between the baby and Ms. Kelsey.
- Isn't that right? - Yes.
Richard: And you also observed a bond between the baby
and the Markowitzes' nanny, Stella Lee, didn't you?
Yes.
And you didn't see any noticeable difference
between those two bonds, did you?
The fact that the child also bonded with the nanny
does not undermine the attachment to Ms. Kelsey.
I see.
And what would happen
if the Markowitzes replaced this nanny
as they did the last one?
What affect would that have on the child?
It could cause a disruption.
In fact, it can cause all of those things
you were talking about.
Loss of trust, insecurity,
damage to self-esteem.
All of that could happen, couldn't it?
It's possible, but I don't think--
And doctor, in your opinion,
a baby is generally better off
with one primary caretaker
rather than a rotating mother-nanny system, right?
Well, in general, one primary caretaker is preferred, yes.
Thank you, doctor. That's all.
Redirect, Your Honor.
Specifically, Dr. Nagel,
who is this baby better off with?
- The Markowitzes. - Thank you, doctor.
How much are you being paid
for today's testimony, Dr. Nagel?
Three thousand dollars.
And who's paying you?
The Markowitzes.
Thank you.
[instrumental music]
Did you want the Truax file? I dug it out last night.
[scoffs] Great. I wasn't going to start on it till the weekend.
They're not paying you overtime, Diana.
Don't go giving them your nights.
Diana: I like it here. And home isn't that great these days.
Daryl and I have separated. We're divorcing.
Oh. I'm sorry. That's sudden.
No, we've been talking about it since Christmas.
Now appears to be the time.
He's found someone to share a place with,
and I'm getting a paycheck,
so I can handle the rent on my own.
Well, sounds like you got a plan.
You seem fine about it, are you?
No.
Hey, there's got to be something to do here.
Let's cheer you up, you want to go roller-skating?
Drive to El Monte, see if "Mississippi Burning"
is less obnoxious dubbed in Spanish?
[sighs] I-- I shouldn't have said
I wasn't fine, I am, I...
I'm functioning. I'm... I'm fine.
Okay.
The Truax file is on the desk, on top of the box.
Uh, oh, okay.
[telephone ringing]
- Thanks. - Sure.
Let's hear it, Ms. Perkins.
Your Honor, I have reason to believe
that the informant in this case
is an individual by the name of Louis Perez,
also known as Louis Cato, also known as Rosario Cruz.
I also have reason to believe that he's wholly unreliable.
And the government's reliance upon him as a witness
should serve to dismiss the indictment
against my client.
Mr. Flaherty?
Your honor, it is the policy
of the United States attorney's office
to neither confirm nor deny the identity
of a confidential informant, when to do so
would compromise their security.
[knocking on door]
Judge, there's a guy named Louie Perez out there,
he says he wants to testify.
You knew he was going to show up, didn't you?
I didn't know anything of the kind.
Abby: Mr. Perez, earlier this week
an individual appeared before a federal grand jury
and accused Frank Weiland
of bringing more than 500 kilograms
of cocaine into this country,
and of ordering the murders
of Tyrone Weeks and Clifford Bagley.
Abby: Are you that individual? - Yeah, ma'am.
Abby: Were those charges true?
- No. - Why'd you make them?
I got picked up for possession.
Two stinking rocks.
Mr. Flaherty said I'd get eight to ten,
so I gave him what he wanted and he let me go.
Abby: Why are you changing your story now?
Believe it or not, I-- I got kids.
And one thing I always tell them,
I-- I say, "What goes around, comes around."
Uh, I've been getting high for 20 years.
All I want to do is go straight
and not burn nobody no more.
I have no further questions.
Did I ever tell you what to say to that grand jury, Mr. Perez?
The cop that was beating the crap out of me told me.
I didn't get his name.
Where did this beating take place?
An alley off of Hope Street.
Did you get any medical attention?
Louie: No. - Any marks you can show us?
[sighs] Cops don't leave marks.
Dark alley, a nameless cop, and no marks or bruises.
Hey, look, I, I was sick.
You guys had me scared to death.
Well, who's scaring you now, Louie?
- Objection. - Sustained.
Did Frank Weiland contact you at all
prior to this hearing?
- No. Flaherty: What?
No.
Flaherty: Did he threaten to kill you?
No, nobody threatened me.
Flaherty: What about your kids?
What about my kids?
Did he threaten to kill your kids?
No, nobody threatened to kill my kids.
Judge Crea: Anything else, Mr. Flaherty?
Not at the present time, Your Honor.
Well, that being the case,
I am prepared to rule.
I find this informant to be wholly unreliable.
Mr. Flaherty, I believe
you actually sought to conceal that fact.
I find your conduct reprehensible
and an abuse of the grand jury process.
Accordingly, this indictment is dismissed.
The defendant is free to go.
One thing you have to know about trial lawyers,
ladies and gentlemen, they love to perform.
And if all the world's a stage,
and all the people in it merely players,
then counsel for the defense
is one of the best.
He tells jokes.
He sings songs.
I can't even carry a tune,
and I have never been very good with jokes.
I got the old gorilla suit out of the closet this morning.
But I have to tell you that on a stage...
I'm no match for my opponent.
But I wonder how entertaining his jokes would be
if someone had been killed or maimed.
I wonder how delightful we'd find his musical numbers
if we had been forced to hole up
in a hotel for a month.
Well, the fact of the matter is,
that all the world is not a stage,
and all the men and women are not players.
And this man, this man really lied.
He really endangered the lives of people who trusted him.
These people were really hurt by him.
Now, let's not enjoy ourselves at their expense.
All the funny bits in the world
are not going to change the fact
that these people really suffered,
or relieve us of our obligation to take it seriously.
And do you feel you see evidence of this bonding
in the way the baby behaves?
She doesn't like to be held by strangers.
She cries and when she's given back to me
or Stuart, she stops.
Uh, Ms. Kelsey...
do you really think this child knows you?
[sighs] It's so hard to prove my relationship
to a person who can't really communicate.
All I can say is when she sees me,
she sees a person who will take care of her.
A person who will love her forever.
She feels comfort.
She feels safe...
the kind of safe that a baby feels with her mother.
Thanks. I have nothing further.
How's your relationship with your mother?
Objection.
Studies show that a relationship
with the parent directly impacts
upon the relationship with the child.
I'll allow it.
Richard: You didn't invite her to your own wedding
last year, did you?
She was at my wedding.
That's because she showed up uninvited, right?
My mother and I have had some difficult times,
but we've worked them out.
Thank you, how many hours do you work each day, ma'am?
I'm in the office about five hours a day.
Well, according to your firm's billing records,
you've been averaging 39.7 hours a week
for the last two months.
That's seven point nine hours a day.
I-- I take work home.
Richard: Yes, well, the point is,
you represented to Mr. Burnett,
and, derivatively, to Ms. Harris,
that you'd be putting in half-days after you got
the baby, standard workday is eight hours.
You've been putting in seven point nine, big cutback.
No, those figures are misleading, sometimes--
You mean you've been billing clients
for hours not really worked?
I mean, some of those hours are spent
reading at home with Kelsey on my lap.
Oh, yes, that's right.
You have no aversion to bringing work to the baby
or baby to the work, do you?
What's that supposed to mean?
I mean you've sometimes brought
this child into the law firm
to be babysat by secretaries.
That happened in a couple of days
when we were between nannies.
And did you once use this baby as a device
to frustrate an opponent's deposition?
What?
I have here a motion for cost filed against you
by attorney John Brianson,
in which he claims you deliberately used this baby
to protract the discovery process.
That motion is ludicrous, and so are you
for trying to take advantage of it.
Let the record reflect the hostility of the witness.
[sighs]
I took the baby to work two days.
Most of the work I do at home is after she's asleep.
Ms. Kelsey, what religion do you intend for this child?
We haven't decided yet.
You haven't decided whether this person
shall be raised as a Christian or a Jew?
We will decide, we just haven't yet.
In fact, ma'am, you and your husband
cannot agree on this issue can you?
Answer the question, Ms. Kelsey.
No, we don't agree.
Well, that's okay.
It's just religion.
As long as you can concur on the big things,
like what depositions to use her for.
- Objection. Richard: Withdrawn.
You're divorced...
from a previous marriage, are you not?
Yes.
Mm-hmm. I have nothing further.
I don't like this, I think I just got killed.
You held up okay, Ann.
We knew this guy was going to come after you.
If you put me up there, Victor, I'm ready for Mr. Yzerman.
I am not putting you on the stand, Stuart.
What are you talking about, how can you not...
If I let you testify,
Yzerman's going to grill you the same way.
Victor, how's the judge going to know what I am
if I don't testify?
She'll know because you're doing the closing.
- What? - What?
You are an attorney of records, Stuart.
There is no problem. I'll just inform the court.
This way we get to put you up there before the judge
with no risk of cross-examination.
Victor, I... I don't...
I've never done a closing.
Stuart, this thing is too damn close.
We have used every advantage that we can get.
I think a plea from the parent
is going to be a lot more powerful
than any argument from counsel.
He may be right, Stuart.
Victor: I'll do the closing if you want,
but right now, I think that you're our best shot.
[sighs]
Then I'll do it.
You sure?
I'm very sure.
Foreman: In the matter of Hilbar versus Bradley,
we the jury find in favor of the plaintiff
and order the defendant to pay compensatory damages
in the amount of $82,000,
and punitive damages in the amount of one hundred...
and twenty-five thousand dollars.
Well, ladies and gentlemen of the jury, thank you
for your time, your service is at an end.
This court is now adjourned.
[thud]
[indistinct chatter]
Well done, Michael.
Melanie, about this trial,
it was absolutely typical.
[laughs] Uh-huh, uh-huh.
Well, you were wonderful.
I hope we can do this again sometime.
Me, too.
Congratulations.
Yeah, I almost managed to snatch defeat
from the jaws of victory.
The gorilla suit was a great idea.
Ah, a desperate act by a desperate man.
I fell in love with you in that monkey suit,
and judging by the look on Melanie Hayes' face
during your closing, she did, too.
You have nothing to be jealous about, Grace.
Yes, I do. That's the problem.
I-- if...
If we were really happy together, if, if...
If we really were in love with each other,
there would be no reason to be jealous.
I love you, Kuzak.
I do.
I always will.
But I think we should take a break from each other.
Grace...
Don't you think we should work on this?
[sighs] We've done nothing but work on it.
I love you, too, Grace.
[sighs]
[Michael scoffs]
I know you do.
So if we love each other so much,
why is this happening?
I don't know.
May... maybe, uh...
Maybe some time apart.
[sighs]
[sighs]
I promised myself I wouldn't cry.
[Michael sighs]
I have never loved you more than I do at this very moment.
Oh, Mickey.
[instrumental music]
[sighs]
[instrumental music]
They may want her, judge...
but the Markowitzes do not present
an ideal household.
Their fundamental differences in religion
can only breed instability.
Their work schedules are prohibitive.
Miss Kelsey comes from a failed marriage,
a failed relationship with her own mother.
Some question exists as to whether she's capable
of sustaining any loving relationship.
Tammy Harris may not be able to pay experts
and psychiatrists to testify for her,
but she's ready to be what her child needs most,
a full-time mother.
Not somebody who squeezes in quality time
between depositions and partners' meetings,
not somebody who as she holds the child
on her lap at night, reads trial transcripts,
but somebody to be there every day, all day.
Tammy Harris' daughter deserves that.
Tammy Harris' daughter deserves Tammy Harris.
Um...
We'll, we'll probably let her choose her own religion
when she's old enough.
And whereas Ann and I may not share
the same... underlying tenets in our respective faiths...
we both know that any religion starts with the love of God...
and commitment to family.
And we have that, Your Honor.
We have that big.
As for this woman's... ability
to sustain a loving relationship.
Let me tell you, that the last two years
have been the most loving...
and most meaningful time of my life.
And if this little baby...
gets half of what I've gotten from this wonderful person,
then her life will be very rich, indeed. Believe me.
Look, you've, you've heard from us, you've...
Excuse me.
[clears throat] Heard from us.
You've heard from the psychiatrists.
I just wish you could hear from her.
[chuckles]
She would say that her...
name is Kelsey Markowitz...
and that she lives at 495 Kenter Avenue
in Brentwood, California.
And that this is her mother,
and I'm her father.
And we would all just like to go home now.
[crying]
[indistinct chatter]
Diana.
- Are you eating with anybody? - Just picking up.
I want to talk. Grab that table.
Yeah.
What you going to do with that?
Have it for dinner.
Excuse me.
Listen.
I was dense yesterday.
There's a very obvious way for me to help.
Let me represent you in the divorce.
Oh, Jonathan. No.
We're just going to do it ourselves.
There's nothing to split up.
Sure there is. Furniture, a car.
You want him running off with the dishes?
[chuckles]
This was a no-frills marriage.
It's going to be a minimalist divorce.
Besides, Daryl and I have been very careful
to keep this clean.
I don't want him to think I'm taking advantage of him
by rolling in the heavy artillery.
Yeah. I'm flattered.
Okay. Promise me two things.
Number one... let me go over everything before you sign it.
Two, if it's get at all sticky, you come get me.
- Okay. Jonathan: And a third thing.
What?
Jonathan: Talk to somebody about this.
'cause if you don't, you're going to start
walking into doors.
- Alright. - Alright.
Ten thousand, huh?
Ten thousand.
Tell you what.
Here's the ten you're asking for.
And here's another ten I just feel like giving you.
Just pay me my fee, Frank.
If I wanted to work for tips, I'd still be a waitress.
Counselor, counselor.
I really think you could kill children, you know that?
What are you talking about?
You threatened Louie Perez.
I didn't have to threaten him.
Yeah, well, I can't represent someone
that I can't bear to look at.
Go find yourself another lawyer, Frank.
Abby.
- Abigail Perkins? - Yes?
I'd like you to leave everything
exactly the way it is, please.
Stand up, put your hands on your head.
What?
I have a warrant for your arrest, ma'am.
You're being charged with engaging
in a monetary transaction
involving criminally derived proceeds.
I'm going to ask you once again.
Stand up, put your hands on your head.
Would you please stand with your legs apart?
You do this to every lawyer who beats you, Terrance?
Your lawyer broke the law, Frank.
I'm just doing my job.
Since when is it against the law to be paid?
To be paid in drug money?
Ever since they passed the money laundering control act.
And it's always been against the law
to threaten a federal witnesses.
You think I threatened a federal witness?
I know somebody did. I just can't prove it.
As for your taking drug money, though,
that I can prove.
Whenever I get a case like this,
I secretly hope one of you will turn out to be a monster,
or... at least unfit,
so as to make my decision an easy one.
That didn't happen here.
Ms. Kelsey, Mr. Markowitz, Ms. Harris,
you're all worthy parents.
And I have no reservations
about any of your respective abilities
to love and care for this child.
Which makes this decision all the more difficult.
Economically, the Markowitzes are better positioned.
There's no question.
Nor is there any doubt that a change
at this time will traumatize the child,
though there's no proof
it will cause any long-term harm.
I'm a working woman.
My children had successive nannies.
Yet they were loved by their mother,
and they knew it.
But when I consider the...
essence of parenting...
then I must consider who's most likely to provide
continuous emotional support?
Who's most likely to be there for the child,
and be with the child,
during these very crucial formative years?
Mr. Markowitz.
Ms. Kelsey.
I know this will cause you devastating pain.
Oh, no.
Judge Davis: Unfortunately, that pain
cannot factor into my judgment here.
I hereby find the circumstances of Tammy Harris' life
to have significantly changed,
making reasonable the withdrawal of her consent.
I further grant her petition for habeas corpus.
Bailiff, please deliver the baby to Ms. Harris.
Ann: No.
Your Honor.
Could we at least have another day to say goodbye?
Judge Davis: I'm sorry, no.
You have to say your goodbye now.
[crying]
[instrumental music]
[Ann crying]
Goodbye, honey.
We love you.
Stuart: Goodbye, Kelsey.
Be good, huh.
Bailiff.
[Ann crying]
Tammy: I've never even held you before.
Hi, Carol. Oops.
Hi, Carol. It's your mama.
You're finally back with mama.
Yes. Yes.
[instrumental music]
[theme music]
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