"Previously on The Practice:" "Ms. Dole." "Professor?" "I won't die." "I'll live forever, if for no other reason than to see this through." "Your client's cigarettes killed my wife." "Bobby Donnell is a good practitioner." "You studied to be a lawyer." "L..." "I don't mean to speak out of turn it's just I should hate to see you waste your gift." " This is your third time, Mr. Holsten." " It was an accident." " You exposed your penis by accident?" " I was protesting NAFTA." "In my experience, genitalia rarely collides with sunlight because of a U.S. Trade agreement." "You see this?" "Eviction notice!" "These things happen when you can't make the rent." "Seventy thousand?" "I'm doing 90." "With the usurious rates you got..." " Cut me a small break." " Jimmy, do I ask for much?" "You ask all the time, Bobby, and I give like a cow." "I'm growing udders here." "I'll give you a construction loan for office expansion." "Thank you." " I'm leaving!" " Where you going?" "Get away from me!" "No!" " You're the guy's rabbi." " Yeah, well, he asked to see his lawyer." "Bobby, be quiet." "Dr. Braun." "Thank you for coming." "This is her tombstone." "See, I wanted you to..." ""Wrongful death," it's such a legal term." ""Cause of action."" "This is more than a cause of action for me." "I have never thought otherwise." "Has there been any progress?" "We're waiting till the criminal trial is over." " What if he's not convicted?" " Well, that doesn't affect our civil claim." "There's a different standard of proof." "Danny, what's going on?" "The trial is not going well." "I thought the guy confessed." "Only to his priest." "And now they've got all these psychiatric experts saying that he was temporarily insane." "I think it's working." " Have you read him his rights?" " Yeah, twice." " Hi." " Hi." "All right, inside." "Inside." "Let's go." " Mr. Holsten?" " It was entrapment." "Did the police handcuff you to him, or is this some thing..." "No, she did." " I don't know who this person is." " Is that true, sir?" "I ain't saying nothing until my attorney gets here." "It was entrapment." "Man can't walk down the street these days without getting handcuffed to a dwarf?" " How can it be working?" " You're a defense lawyer." "You tell me." "He strangled her for a full seven minutes, Pam." "How is that temporary insanity?" "Bobby, you got the civil claim." "Leave the criminal prosecution to me." "Okay?" "Mrs. Braun." "Hello." " Hello." "Hi, Bobby." " Hi, Roberta." " I just saw your husband at the cemetery." " Oh, yeah." "His home away from home." "How you doing?" "I'll be happy when today's testimony is over with." "Ms. Bourge tells me the defense attorney will probably be aggressive." " Yeah." " Do you know the lawyer?" " Leonard Goode?" " Oh, yeah." " She was frightened by him." " Frightened?" "How so, ma'am?" "He said to her, "You will not leave me," in a tone..." " Objection." "Hearsay." " Excited utterance." "Doesn't go to the truth of the words, only what she heard." " What was told to somebody else." "The objection is overruled." "Continue, Mrs. Braun." "My daughter was afraid, when she broke up with him that he might try to kill her." "You didn't really think that Donna was in any physical danger from my client, did you?" " I know she thought she was." " Yes but if you thought that she was in physical danger why didn't you call the police?" " And tell them what?" "My daughter has a crazy boyfriend?" "What could they do?" "Well, did you see what they could do?" "Did you call them up and ask?" "No." "You'd think a concerned mother would bother." "You seem a concerned mother." "But isn't it true that you weren't concerned?" "That is not true." "Then why didn't you notify the police?" "My daughter was a grown woman and I respected her wishes that I stay out of it." "Mrs. Braun you're up here, basically, to undercut the idea that Ronald Martin was temporarily insane." "Because, as the victim's mother you wanna see him punished." " Objection." "Overruled." "Let's be honest." "You want him punished, don't you?" "He's a murderer." "And he should be punished." " And you're up here doing your part." " Objection!" " Sustained." "Okay." "Well, let me just see if I can get this clear." "You were afraid that Mr. Martin might kill your daughter but you stayed silent on the whole matter out of respect for her privacy?" " I thought she was attracted to me." " I saw what she was wearing." " You had to know she was a prostitute." " Hey, I didn't agree to pay her." "And the dwarf came out of nowhere." "Look, I can argue that." "But you're a repeated sex offender." "I wouldn't pretend to be optimistic." "I want my day in court." "Mr. Holsten, I thought we had an understanding." " You were gonna try to get some help." " I will." "But first, I want my day in court." " It's called discovery, counsel." " It's called abuse of process." " This is the third deposition." " He's the plaintiff." "Are you suggesting the defendant not depose the person suing him?" "Of course they can, but there's a difference between deposing a witness..." "Your motion is denied." "Mr. Pierson, you may resume the deposition." "You'll pay the court costs for this hearing and I'm fining you $500." " What?" "My docket is clogged with cases because lawyers like you come in here wanting to argue everything." "And what else?" "I'd also be seeking to continue oral arguments on summary..." "No!" "No, no, no!" "Delay, delay, delay!" " He filed a 223-page memorandum." " Why are you here when you could be reading it?" "$200 fine!" " You can't fine me for asking for a continuance." " I just did!" "Fifty bucks for saying I can't!" "Don't you look at me like that!" "Mr. Pierson as an officer of this court, I apologize for this." "Thank you, Your Honor." " He actually apologized to him." " Bobby..." "He was sucking up to him." "The judge was in awe of Pierson." "He wants a job after he's thrown off the bench." " He was kissing the guy's ass." " Excuse me?" "Is this a bad time?" "I was wondering if we could push tomorrow's deposition from 2:30 to 2:45?" "I've got a luncheon seminar that could run over." "Two-forty-five will be fine." "This is beneath you." " Yes." " He's due back any second." " Sure you don't want coffee?" " I think I'm gonna just leave." "No, no, no, Mr. Ray." "They'll be back." "You see?" " I'm not gonna keep on..." " We've got a little problem." " Hold it, one at a time." " You said the last deposition was the last deposition." " Hey!" "My problem is your problem." "I should get to go first." "What's the problem?" "People at the bank are asking questions about the loan we extended to you." " What people?" " Superiors." "The worst kind." "They want to know why paperwork isn't done yet." "This I can handle." "But they're also asking about this office expansion which we said that the loan was for which it ain't since you got no place to expand since the place next to you is taken." "Your forehead's sweating, Jimmy." "I don't like when your forehead sweats." "A guy named Jonathan Cramer called here yesterday." "Said he got mixed signals." " He's gonna be asking you some things." " What things?" "Things like, did you represent to me that your office was expanding?" "Did you show me blueprints and stuff?" "Those kinds of questions." "If I answer yes to those questions, Jimmy the next arraignment I go to will be my own." "This is probably what accounts for the sweat you see on my forehead." "See, if you didn't make those representations unemployment in the Commonwealth goes up a blip." "This is why I'm thinking we got a problem." " Got one." " What?" "Podiatrist, 40-ish." "Loves movies and Maine." "Spoke to him for an hour on the phone last night." " You gonna go out?" " I'm gonna keep it audio for a while." " Oh, excuse me." "Hi, Danny?" " Rebecca, in my office, please." " What's with the tone?" " In my office!" "Ellenor Frutt." "Did somebody from Boston Fidelity call inquiring about our office expansion?" " Yeah, yesterday." " And you informed them that this office was not expanding?" " Well, we're not." "Are we?" "It is not your place to disseminate any information with respect to this practice." "You take messages." "You don't give them." "You got that?" "You got that, Rebecca?" "I got it." "How much of this bank loan do we have left?" " None." " Okay." " Is that all?" " Yeah, that's all." "Okay." "There's a grenade I gotta go fall on." "What are you gonna say?" "The truth." "Buddy comes in strapped." "I invented a way to get him some help." "What about falsifying loan documents, Jimmy?" " Nothing's signed yet." " That doesn't necessarily matter." "They'll just fire me." "They won't be pressing charges." "He came into the confessional and he was obviously in a state of shock." " Objection." "I'll allow it." "What did Mr. Martin say, Father?" "He said he couldn't be sure but he thought that he had just strangled his girlfriend." "I see." "He wasn't sure?" "He said he could see the image of it." "He couldn't remember if it were something that actually happened." "But he felt that it did happen." "And how'd you respond to that, Father?" "I told him he should go to the police." "He had to." "And he agreed." "And did he say anything else?" "Yes." "He begged me for forgiveness." "For absolution." " And did you grant it to him?" " Yes." "I did." "Sit down, Dr. Braun." "Dr. Braun, please be seated." " Jerry." " Sit down, sir or I will remove you from this room." "He wants to go to trial." "We're going this afternoon." "Just like that?" "Well, it's muni." "Judge bounced us to a six-man jury." "There's no discovery." "Might as well try today before he unzips his pants and extends his criminal record." "And the defense is he was with a prostitute because?" " He loved her." " Oh, yeah." "Right." "Any suggestions?" " United States of America." " You think?" "What else have you got?" "Yeah." "United States of America." " Think I should go hard?" " I don't know." "Tough to look sympathetic cross-examining a priest." "Yeah." "Well, that priest was pretty effective." "You heard him." "Listen, Pam, if you go at him, don't go halfway." "You gotta get him." "Yep." "So, Father, as I understand it this man commits a murder then he proceeds to your confessional where you proceed to offer him absolution." "Is that correct?" " It's not quite that simple." " That's the way it seems." "It also seems strange that you come to this court every day and sit behind him in support." "Well, I suppose it's easy to love a Mother Teresa." "But I believe God teaches us to love all people." " Yes, that's sweet." " Objection." "She's mocking the witness." "Mocking him?" "He comes to a murder trial and compares the killer to Mother Teresa!" " Oh, come on!" "Move to strike!" "Let's get on with it." "How long did it take you to forgive Ronald Martin for strangling Donna Braun?" " More than a minute?" " Objection!" "This man is basically here as a character witness." " He's testifying to fact, not character." " May I finish?" " No!" " Both of you kindly step up to the bench." "Once a month or so, I go into a depression." "I think it's probably because I come to a place of work populated by rapists, murderers, child molesters." "But that's not the reason." "It's because of the daily sewage I have to swallow listening to what comes out the mouths of these malignant, cancerous infected little cysts we call lawyers." "You." "Don't make me state my opinion of what you are." "It would be grounds for a mistrial." "And you, stop sinking to his level." "We're going to take a break so you little children can reflect." "Okay?" "Now, step back." "Twenty-minute recess." "I see attorney Bobby Donnell is in the back of the room." "I'll see you in chambers, please?" "Bobby, I assume you know what we think of attorneys who promote criminal murder trials to advance their civil wrongful death claims." "I'm not doing that." "There's nothing wrong with monitoring a criminal trial." "In fact, I..." "I'm told you have investigators looking for the defendant's ex-girlfriends." "One." "Who he supposedly beat up." "Look, it would be malpractice if I didn't try to find her." "You better be careful on any search and seizure." "I might find your conduct to be state action." " I'm not working with the DA." " Well, it doesn't look good." "Well, I don't care how it looks." "And for your information, this is not just about money." "If that guy gets acquitted here, I will be using the civil trial to nail him." "Mostly so Donna Braun's parents can get some peace that at least one jury found him to be a murderer." "What you do in your civil case isn't my concern." "But keep your nose out of the criminal prosecution." "That's my only warning." "Your wife's doctor told her cigarettes were hazardous?" "Yes." "Did he tell her they could cause cancer and vascular disease?" "Objection." "You can answer." " Yes." " Did you tell her that cigarette smoking could kill her?" " Many times." "In fact, you..." "You begged her to quit, didn't you?" "And she did." "Many times." "But she'd start up again." "She was addicted." "Right." "Let the record reflect attorney Donnell has entered." "Why has this proceeding started without me?" "Well, we didn't want to make your client wait." "And Ms. Dole offered no objection." "She should have." "For the record?" "Bad form, Pierson." "Consider me chagrined." "Would you like to sit?" " You're letting him push you around." " I'm not." "There was no excuse for that deposition to begin without me." " I didn't know how late you were." " Then postpone it." "With the stenographer there?" " Don't want to inconvenience your mentor?" " It wasn't that." "It was that." "I see you." "You're looking for his approval." "You've got this brilliant legal mind." "But if you don't turn into a fighter, you are gonna be a doormat in this town." "Okay." "Now, this summary judgment hearing." "Are you up to going against Pierson or not?" "I'm up to it." "I am." "I know you are." "I just want to be sure that you know it." "I was walking down the street, minding my own business." "Then I saw her." " "Her" being?" " Sheila." "And what happened next, sir?" "Well, our eyes locked briefly." "And I came to the conclusion that the attraction was mutual." "And what happened next, sir?" "I exposed myself." "You exposed yourself, sir?" "That is as close as I usually get to a beautiful woman, Your Honor." "I'm not a handsome man in the bright sunlight." "And what happened next, Mr. Holsten?" "She took my hand and led me upstairs to her apartment." "A strange woman grabbed you by the hand and led you to her place?" " Yes, Your Honor." " What were you thinking?" "Only that I should follow." "And you did not know that she was a prostitute?" "No." "Next thing I know, the police are charging in and I'm chained to a dwarf smoking a Camel." "Your witness." "This woman stated that before she grabbed your hand she said to you, "Three hundred." At which point, you nodded." "I thought she was guessing my weight." "He never said anything about office expansion." "That was my mistake." "And how do you make such a mistake, Jimmy?" "Because office expansion was something he'd approached me about before." "I even got the plans." "I mistakenly assumed that this loan was about that." "So you expedited a $ 70,000 loan without even asking the question what it was for?" "You just assumed and wrote the check?" " You want it off the record, John?" " Nothing's off the record." "Bobby's one of my best friends." "He's having a bad month." "I helped him." "I made the loan under office expansion because I couldn't figure any other way without you asking questions." " And your friend played along?" " He just took the loan." "He didn't know how I was swinging it." "You're a sweet man, Jimmy." "Stupid but sweet." " So how's it gonna be?" " Pack up your office." "You're fired." "If you or Mr. Donnell return the 70,000 within 30 days, that'll be the end of it." "If you don't, I refer the matter to the district attorney." "Mr. Martin had entered into what we call a dissociative state." "I see." "And could you describe what that means for the jury, doctor?" "Essentially, it's a psychological splitting mechanism causing a segregation of normal integrated patterns of perception." "Doctor, I'm sure you feel you've just explained it, but..." "Basically, when the victim broke off the relationship, Mr. Martin snapped." "He lost conscious control and pretty much was on automatic pilot when he strangled her." "So he didn't know what he was doing?" "In my opinion, he did not." "Look at him strut." "The joy of doing your job well." " Get on the elevator, Gerald." " No." "I want to watch him." "Roberta's waiting for you at home." "Get on." "Dr. Braun, I am both mindful of your presence in the courtroom every day and of your loss." "I hope you realize what I do shouldn't be interpreted as a failure on my part to feel your tragedy." "Why don't you die." "I'm sure your attorney can convey my conflict." "He has certainly been in a similar position many many times." " Then he can die too." "Bec, will you call Warren Hillebranner, tell him we want our motion to compel?" "Sorry, I don't disseminate information." "You got something to say to me?" "You want me to say it here?" "In my office." "I don't know what's going on with this bank loan." "I'd like to say I don't care but I do care." "Because this place of business is where I come to work every day." "And if you expect me to be a part of your schemes or lies or whatever it is you're pulling then you've never bothered to know who I am." "I will never be a participant in that kind of crap." "That's one." "Here's two." "If you ever speak to me with that kind of disrespect whether it be in front of somebody else or just between us, I'll walk out that door." "I apologize." "I was..." "I was out of line." "You got that right." "Bobby, you want to keep this place in operation, that's fine." "But you'd better think real hard about exactly what it is you're trying to keep going." "Summary judgment motions are brought by the defense in almost every civil action." "It's a shot at getting the case kicked on legal grounds." "They almost never work." "But you're talking like you're worried." "Well, if we should lose, the case is over." "Finished." "And since this judge seems to be a little biased I won't lie." "We're a little worried." "So if we lose, we're done." "What do we get out of it if we win?" " Hopefully, they'll start taking us seriously." " Right now, they're not?" "Not as much as we'd like them to." "Go." "Get some rest." " Good night." " Good night." "Bobby, this judge, it may not be Pierson he's kissing up to but somebody in his firm." " What?" " Sydney Charpools?" "She was a year ahead of me." "She works at Finley." "Before that she clerked for Small, and supposedly something happened between them." " You're just telling me this now?" " I just heard myself." "Chris Kelton, a DA, also in my class, he told me." " Can we prove it?" " I don't know." "Even if we could, there's nothing to suggest it's a factor." "It was more than two years ago." "I don't think Pierson even knows." "Still, if we can get that judge off this case..." " What are you thinking?" " I'm thinking that if that judge slept with a woman at Pierson's firm, that is a card." "And it is not beneath me to play it." "I thought he was cute." " Mr. Holsten?" " Sure." "And when you invited him to your apartment, it was because..." "On this particular occasion, it was because I found him both attractive and nice." "And when you quoted him 300?" "It was before I decided I really liked him for free." " And the dwarf?" " Just a friend." "Since you yourself were charged, you would have an interest in denying that this was sex for a fee, wouldn't you?" "Hey, I took an oath to tell the truth here." "When this man exposed himself to you on the street what exactly did that say about him to you?" "Just that if I invited him to my room, he'd probably come." "The idea of setting Ronald Martin free has to seem horrific." "He took the life of an innocent woman." "How can we excuse him?" "How can we feel sorry for him?" "Well, you can." "You can and you must, because the law tells you to." "We've heard from seven trained medical professionals." "We've heard them testify that Ronald Martin was ill when he committed this act." "That he was temporarily insane." "And if he didn't understand the nature and the quality of his act then legally he's not guilty." "That's the law." "Now, you may not like it." "That's okay." "But you have an obligation to uphold the law here." "And as you do, as you go back to that room to deliberate remember that our system of jurisprudence more than anything else, is designed to protect the weak." "And you can hate him." "You can hate him." "That's a human thing to do." "But sometimes the function of a jury is to defend against human nature." "Against lynch-mob mentality." "Because the law..." "The law is here to defend the most vulnerable members of our society who have nowhere else to be safeguarded but right here." "Yeah, let's all cry for Ronald Martin." "We need to feel sorry for these misunderstood murderers." " Dr. Braun..." " He gets to sit in that room as the victim." " They're looking at him as the casualty." " I will get my turn." "My daughter's a piece of evidence now." "The body." " This is sick." " Jerry..." "What?" "She's not even a person anymore." "She's Exhibit A." "You don't even care." "I'm deeply sympathetic to what you're going through." "I know this is an emotional time." "But don't you dare accuse me of not caring." "I give my closing tomorrow." "I promise you, I'm ready." " So what are you gonna do?" " I'll find something." "You know me, I always land on my feet." "Jimmy, what are you gonna do?" " I don't know." " You'll come work with us." "What?" "Our tobacco case is heating up, we need all the hands we can get." "You can't afford to pay you." "How do you pay me?" " I'll work it out." " You need therapy, you know that?" " Just say yes or no." " You keep digging yourself deeper." "You say you'll work it out." "This is gonna be on your tombstone:" ""He tried to work it out."" "Right now, we're looking at your tombstone." "If you hang a shingle with me, you'll at least have an office to come to." "You can pick up some court appointments, hustle up some contingencies." "And what about the others?" "How they gonna feel?" "Not collecting regular paychecks, then in comes me?" "How they gonna feel about that?" "Look, you're where you are because of..." "Because you helped me." "It's time for me to help you." "I could stand here and talk about how there's no evidence of money changing hands." "No evidence of culpable intent, with respect to my client." "Was he foolish to think a prostitute was smitten with him?" "Of course he was." "This isn't a stable man." "I don't need to convince you of that." "He's a flasher." "They didn't make the elements here." "I could sit down now and you'd have to come back not guilty." "But I'm gonna stay up here longer because I want to talk to you about something else." "Something called the United States of America." "Big Brother police saw Mr. Holsten walk away with Sheila." "Mr. Holsten, gee." "Look at him." "Overweight, he would just have to pay for sex, wouldn't he?" "What woman would want to be with him?" "It must be prostitution." "Let's follow them, bust their door down." "We can get away with it." "You know why?" "Because we don't like the way they look." "And when they charged into that room and saw my client handcuffed to a dwarf?" "Well, it just had to be something kinky." "But you know what?" "I believe you need evidence." "Times are changing." "We are, in fact, becoming a more tolerant nation." "We are, in fact, becoming a land where people do not prejudge on looks alone." "You're 3 and a half feet tall?" "You're still worth the presumption of dignity." "You have a sickness." "A record of exposing yourself." "We will not automatically conclude that everything you do is illegal." "This, this is the United States of America." "And this is the land where people go back into that jury box and say, "Prove it."" "Prove the crime." "Don't you dare put a person's deviancies on display and expect us to rush to the automatic conclusion that the crime was committed." "You prove it." "They didn't." "Oh, they put on a great sideshow, but no proof." "This isn't an arena of innuendo, ladies and gentlemen." "This isn't a forum of foregone conclusions." "This is a courtroom in the United States of America." "And in this room, even when the defendants are the disenfranchised you still got to prove the elements of the crime." "They didn't." "Mr. Fraiser?" "A known prostitute quotes a convicted flasher a price of $300." "They are found minutes later, naked, in her bed." "Without passing comment on the dwarf, I would just like to say:" "Ask not what your country can do for you." "Ask what you can do for your country." "And then, maybe we can all build a bridge to the 21 st century." " Are you threatening me?" " I'm simply saying, given this liaison between you and an associate at Finley Hogue..." "Who the hell do you think you are?" "This is blatant extortion." "If I wanted it to be blatant, I'd do it in open court." "Would you prefer that?" "Got a wife, judge?" "Kids?" "Why don't you fine me $50 for saying that?" " Is this the way you practice law?" " Lf I have to." "You better rethink how you operate, counsel." "I don't know whether this relationship makes you biased." "I'll give you the benefit of the doubt and say it doesn't." "But there is definitely some favorable treatment going Pierson's way." "Intentional or not, I don't know." "I don't care." "I don't like it." "And I don't like you." "Nobody but nobody comes in this room and strong-arms me." "Fine." "Let's just say you came to this decision on your own." "Emerson Ray got screwed once by the tobacco industry." "I won't let him get screwed by you." "So get off this case." "What's the matter?" "Nothing." "I don't know if I can hold this place together anymore, Bec." "You'll work it out." "I'm not sure we'll get by summary judgment on the tobacco case." "If Donna Braun's killer gets off on insanity, our wrongful death claim gets wobbled." "Different standard of proof." "Even so, I borrowed on the tobacco case with Jimmy's bank." "Costs, everything else..." "We'll probably lose money." "And I just hired Jimmy to come work here because he got fired for making that loan." "This wasn't exactly our plan, was it?" "Ten years ago we moved into this office." "You, me typewriter and big dreams." "I still got the typewriter, anyway." "And you still got me." "Yeah." "And you still got your big dreams." "You'll work it out, Bobby." "A hung jury." "That's fate." "For me to get a jury that's hung." "Don't you think?" "Look, the DA says he's prepared to retry." "If that happens after Sheila's trial and if she's convicted, he'll have a better hand." "He might even deal her sentence a little to get her to testify against you." "So you'll cross-examine." "Prior inconsistent statements." "Let's plead guilty." "A month's suspended sentence it doesn't mean anything." "You already got a record." "I don't want to go to any sex clinic." "If that's part of the deal..." "Mr. Holsten, listen to me for a second." "Look at me." "So far, you ain't made it in life." "Me?" "Seven years a lawyer and I'm still representing guys who walk around dropping their pants." "That tells me I got moving up to do too." "I like to look for victories where I can find them." "This case here?" "My little victory will be getting a sick guy to go for some help." "If I could feel a part of getting a man to face a problem, an illness that would be something." "So I'm asking you if you don't want to do anything for yourself, then do it for me." "How long?" "Two months." "Inpatient." "Please?" "Okay." "For the last six weeks, you have heard doctor after doctor talk about Ronald Martin." "How he was temporarily insane." "How he wasn't responsible." "He's this, he's that." "He's here." "Nobody talks about Donna Braun." "She's no longer a part of our reality, is she?" "She doesn't get to sit here, day after day, looking human." "She's past-tense." "And every day she becomes a little more gone, a little more forgotten until one day, she doesn't exist at all." "And all you take back into that jury room with you is him." "Ronald Martin." "That man right there with the sad face." "The man with a priest sitting behind him." "The man who all the psychiatric experts said such nice things about." "But also the man who strangled Donna Braun for seven minutes." "This was not a snap flash of anger." "He choked her for seven minutes." "He kept squeezing and squeezing until her eyes bulged out of her sockets." "Until there was no life left in her." "And that's how he left her as he drove off to the church to beg forgiveness." "Now, Mr. Goode implores you to protect the American justice system." "What is that system?" "Where rich people buy acquittals?" "Where, if you have enough money, you're entitled to one free murder?" "Well, we need to know that's not our system." "They need to know." "They lost their daughter." "Their only daughter." "They need to hear you say that is not our system of justice." "We all need to hear that." "Mr. Pierson, I'll hear from you." "Thank you, Your Honor." "I'm Anderson Pierson, representing the respondent, T.L. Michaels." "And pursuant to Rule 56 of the Massachusetts rules of Civil Procedure, we submit the plaintiff's claim..." "I'm sorry, Your Honor." "Forgive me." "I'm a little confused." "According to your clerk's notice we were to hear..." "What is it?" " "Any and all discovery or pretrial matters before oral arguments on summary judgment."" "There are no other matters." "Well, actually, there is one other nagging little matter." "I decided to dispense with oral arguments, Mr. Pierson." "I find there to be several obvious disputes of material fact in this case." "Defendant's motion for summary judgment is hereby denied ruling in favor of the plaintiff." "Moreover, I recuse myself from this case." "Another judge will be assigned." "Adjourned." " So what happens now?" " What happens now is we get our day in court." "With a jury." "We are in the fight." "We are in the fight." "Quite pleased, are we?" "What was all that, Lindsay?" "The beginning, professor." " Do you know what you're in for?" " I think so." "Do you?" "Hey, Jimmy." "Eugene Young." "I don't know that we've officially met." " Welcome." " Thanks." " I've heard a lot about you." " We're very excited." "If you need anything supply-wise, just let me know." "I already got your phone line set up." "Oh, great." "Well, I don't need much." "A pad of paper and somebody to sue, you know?" "Listen, thanks for this." "I know it couldn't have been good news bringing in another body." "Especially mine." "But this is gonna be a big year for me." "I promise." "I'm gonna win a case." "We have no doubt." "Thanks." "The judge will instruct on Monday." "Then it's up to the jury." " Any progress finding the old girlfriend?" " No." " We're running out of time." " Ms. Bourge?" " Thank you for your words." " I hope the jury listened." "So do we." " It's almost over." " Yes." "Part of me is glad for that." "Another part..." "I wonder what we're going to do when it is over." " I'll see you." " Yeah." "Lindsay?" "The tobacco case." "I want you to try it." "I think you're more prepared on it than me." "Bobby, I've never even done a jury trial before." "Are you sure?" "You've done all the discovery." "I think you're ready." "You think you can do it?" " Sure." " Tell me if you can't." "You don't have to be a hero here." "I can do it." "Okay." "Let's go." "Next on The Practice:" "Found her." "Ex-girlfriend of Ronald Martin, and he beat her for two years." " What?" " The jury is already deliberating." "If you drag the jury back in here and tell them:" ""Oh, by the way, we have discovered a new witness." "It's a woman Ronald Martin tried to strangle" we might as well save time and declare a mistrial now." "The jury is free to disregard." "That's your specialty." "Convincing people to ignore the truth." "Look, we can't match experts with the tobacco industry." "If we parade up scientists on addiction, whatever, we lose." "Whatever guns we got, they got bigger." "We don't have experts because we couldn't afford any." "We don't have the science on addiction because we didn't do the legwork." "We're going with nothing because that's what we have." "You throw me this case, not because of confidence but because you don't want to take the fall." " Mr. Donnell?" " Ready for trial, Your Honor." " Mr. Pierson?" " Ready for trial, Your Honor." "Let's bring in the jury." "Previously on The Practice:" "He strangled her for a full seven minutes, Pam." "How is that temporary insanity?" "You got the civil claim." "Leave the criminal prosecution to me." "You have 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." "Dr. Braun, I am both mindful of your presence in the courtroom every day and of your loss." "Why don't you die?" " I used to be a lawyer, remember?" " A terrible lawyer." "Jimmy, you never won a case." "Bobby's one of my best friends." "I made the loan under office expansion because I couldn't figure any other way without you asking questions." "Pack up your office." "You're fired." " You'll come work with us." " You can't afford to pay you." " How do you pay me?" " I'll work it out." "Ms. Dole." "Professor?" "I won't die." "I'll live forever, if for no other reason than to see this through." "Your client's cigarettes killed my wife." "The tobacco case." "I want you to try it." "I think you're more prepared on it than me." "Bobby, I've never even done a jury trial before." "You've done all the discovery." "I think you're ready." "Good morning, ladies and gentlemen." "My name is Lindsay Dole." "Good morning." "My name is Lindsay Dole." "I represent the plaintiff." "Ladies and gentlemen of the jury, good morning." "My name is Lindsay Dole." "I represent the man seated over there." "Mr. Pierson, do you have any additional questions of this juror?" "I have a few questions, Your Honor, if I may be permitted." "Anybody in your family smoke cigarettes, Mrs. Stokes?" "Oh, almost everybody, at one point or another." "Anybody have any health problems connected with cigarette smoking?" "Let's see." "Well, my father had emphysema and my sister had a baby with birth defects." "Two of my uncles had heart attacks." "And my aunt had to have a leg cut off because her veins shriveled up." "The doctors say it was all caused by smoking tobacco." "And you believe you could be impartial on a case about cigarettes?" "I believe I could." " This is nuts." " I don't think so." "Four witnesses." "The whole case." "We can't match experts with the tobacco industry." "If we parade up scientists on addiction or dopamine or whatever, we lose." " Whatever guns we got, they got bigger." " How does putting up nobody help?" "Because we make our weaknesses our strength." "Let them do their dog-and-pony show." "Let them call their scientists." "With us, it's the unglamorous but simple truth." "She smoked, she died." "She smoked, she died." "She smoked, she is dead." "This case is a long shot to begin with..." "Gives us the right to take chances." "Where are you with your opening?" " I have a draft." " Make copies for everybody." "Pick it apart." "Ellenor, prepare Emerson Ray." "Eugene will take the doctor." " The photos?" " Be here tomorrow." " Jimmy?" " Don't give me the dog work." "Anderson Pierson's opening arguments in his three previous tobacco cases all of which he won." "I want you to devour these pages." "Highlight pet arguments or phrases." "Anything he likes to say, I want Lindsay to say it first." "Found her." "Ex-girlfriend of Ronald Martin, he beat the hell out of her for two years." " What?" " He tried to strangle her." "Martin's family paid her to keep quiet." " The jury is already deliberating." " It's still not too late." " Bring her back here." " Got it." "Your Honor, this is ridiculous." "The evidence in this case is closed." "The jury is in deliberation." "We can suspend deliberations." "Certainly, the precedent exists." "This is newly-discovered evidence brought to light." "If you drag the jury back in here and tell them:" ""Oh, by the way, we have discovered a new witness." "It's a woman that Ronald Martin tried to strangle."" "We might as well declare a mistrial right now." "The jury can disregard the witness." "That's your specialty, convincing people to ignore the truth." " I thought we were friends, here." " All right, look." "Ms. Morris, why is it that you didn't go to the police?" "Three hundred thousand dollars." "And I wouldn't be here, except he said he would subpoena me." "All right, look." "Given the fact that she didn't go to the police and she accepted money in exchange for her silence, I got some reliability problems." "That reliability can certainly be the object of Mr. Goode's gifted cross-examination." " Too kind, Your Honor." " Now, quiet." "Moreover, the probative value of her testimony is grossly outweighed by the prejudicial impact." "If Ms. Morris gets up there and says that the defendant tried to kill her well, that's a bell you just can't un-ring." "I'm not going to admit the testimony." "Thank you, Your Honor." " You don't like it." " No, I do." "I do." "Bobby said it's important for the jury to feel they know me." "I understand your strategy." "I do." "But your high school field hockey record isn't exactly gonna make our case and whether or not you still have an appendix isn't really a burning question." "This guy talks good." "Pierson." "Good talker." "Well, that's a big help, Jimmy." "Anything, say, slightly more specific?" "Yeah." "All three cases, he tells the jury the biggest asset to the defense is their common sense." "Verbatim, all three openings, he says:" ""More than all our expert testimony, more than all our unconvoluted..."" "I'm sorry. "...uncontroverted evidence what the defense is going for, more than anything else, is your common sense the seat-of-the-pants wisdom of the reasonable person."" "That's good." "What else?" "Well, he goes on a lot about free society, personal choice." "You know, we're America." "People make their own decisions." "Red, white and blue." "Then, you know, the usual." "He goes over his high school field-hockey record." "You're all such a big riot." " I'd say she's feeling some pressure." " Some." "I just don't understand." "He tried to kill another girl." "This directly contradicts his insanity story." "How can the judge not let the jury hear this?" "It's too prejudicial." "Like he said, it would guarantee the guy a new trial." "They've reached a verdict." "Will the defendant please rise?" "Ladies and gentlemen of the jury, have you reached a verdict?" "We have, Your Honor." "What say you?" "On the charge of first-degree murder we find the defendant not guilty by reason of temporary insanity." "On the charge of second-degree murder we find the defendant not guilty by reason of temporary insanity." "On the charge of voluntary manslaughter we find the defendant not guilty by reason of temporary insanity." "Ladies and gentlemen of the jury, this completes your service and I thank you for your time." "And I want to also caution you that when you leave this room you may be subject to second-guessing." "I want to emphasize to you that aside from the parties and attorneys and myself you are the only people who heard all the relevant facts of this case." "Liar!" "They know less about Ronald Martin than anyone." " Get him out." " You withheld the truth from this jury!" " Dr. Braun..." " He tried to kill somebody else!" " Judge wouldn't let you know!" " Put him in lock-up." "You withheld the truth!" "You withheld the truth!" "You, you're filth!" "You should die!" "You should die!" "You should die!" "You're filth!" "You're filth!" "Filth!" "Since the defendant was judged on the basis of temporary insanity and since the psychiatric reports attest to no such continuing condition I have no choice but to release him." "The defendant is free to go." "This matter is adjourned." "No, there are no victories here." "My heart is with the Braun family." "But I think the jury realized that to punish Ronald Martin is a pointless continuation of an already tragic situation." "I don't know what I'd tell him." "I can't explain." "If God himself appeared and offered explanation I doubt any of us would find it satisfactory." " This is such a perversity." " That's enough." "That's enough." "Thank you." "That's..." "I said, that's enough." " Are you okay?" " He gets to have children." " What?" " Ronald Martin." "He gets to have a life." "He can have children." " He can buy a boat and take them sailing." " All right, Danny?" "Danny?" " Danny, take a breath." " Donna can't have any of that." " She's dead." " Listen..." " Donna can't have a child." " Listen to me." "Gerald needs you now." "You gotta go back there." "You gotta be with him." "You're the man's rabbi, he needs you now." "Bobby." "You are so very above all this, aren't you?" "I wish that I could tread on your moral high ground." " Get out of my face." " No, no." "Because you get them off, just the same as I do." "Yeah, but I don't have as much fun." "Yeah, but you do it just the same, don't you?" "I said get out of my face." " Yeah, here he comes." " Yes." "Margaret Ray became addicted." "Did she want to quit smoking?" "Of course." "But she couldn't." "She tried..." " Wrong." " What wrong?" "Don't make her out helpless." "We should say she's to blame too." "Pierson'll say it." "We say it first, we undercut..." "We can't admit liability." "That'll feed right into his contributory negligence defense." "Millions of people quit smoking every year." "Margaret Ray could have too." "Let's just admit it." "She's to blame, but they're to blame more." "Eugene's right." "We will be introducing evidence that will establish..." "Look at the jury." "You want to do the case, Eugene?" "Why don't you do it?" "Lindsay, are you not ready to do this?" "We're not ready, Bobby." "You're not ready." "Who are we kidding?" "This whole streamline strategy?" "It isn't strategy." "We have no choice." "We don't have the experts." "We couldn't afford to hire any." "We don't have the science on addiction because we didn't do the legwork." "We're going with nothing because that's what we have." "You're throwing me this not because of confidence but because you don't want to be the one to take the fall!" "I'm sorry." "I'm just nervous." "I'm sorry." " Listen, I can do the case." " No." "No." "I'm ready." "I'll be fine." "I apologize." "It's all right to be nervous tomorrow, Lindsay." "In fact, you might be more effective seeming nervous." "But if you're gonna come undone..." "I won't." "I'm ready." "I'll be fine." "I'll be fine." "Donnell and Associates." "What?" "Attorneys." "It's Ronald Martin." " Hey, you." "Beat it." " I represent the accused." "Where is he?" "In the back seat." " Did this man get Miranda?" " Yeah, he did." "Nobody says anything to him, detective." "Clear?" "Yeah, we're clear." "Dr. Braun, we'll talk down at the precinct." "Until I get to you, don't say a single word to anybody." "commonwealth of Massachusetts v. Gerald Braun." "Murder in the first degree." "Waive reading, Your Honor, plead not guilty." " Bail?" " Your Honor Dr. Braun cannot be considered a flight risk." "He's a health risk, goes about shooting people in the head." "I submit Dr. Braun's violence is obviously limited to Ronald Martin the man who murdered his daughter." "I don't agree with that, Your Honor." " I feel my life is endangered by this man." " How so?" "The defendant harbors a fair amount of animosity towards me, insofar..." "This proceeding doesn't concern you, Mr. Goode." "Thank you, counsel." "But since your client has a very nasty habit of discharging firearms into the brains of people who displease him I'll reserve my right to be concerned." "Your Honor, may I be heard?" "And who might you be?" "My name is Daniel Warner, I'm Gerald Braun's rabbi." "And I can represent to this forum that he is not a threat to this community." "Might we have the first grade teacher of the defendant as well?" "The Synagogue of B'nai Zion will vouch for Dr. Braun's character." "He has no prior record." "He's a very respected heart surgeon." "He devoted private time to community service, Your Honor." " Loner, keeps to himself." " Keep talking." "Bail is set." "One million, two-fifty bond." "Slightest provocation, Dr. Braun, and it'll be revoked." "That's all." "What are you doing?" "I'm trying to help." "He shouldn't be treated like a common criminal." "In here, you don't speak." "I do." "Clear?" " Looks like you got one now." " Go ahead, keep talking." "I don't know how you live with yourself, representing people like that." " Hey, please!" " It cuts both ways, huh?" " Walk away." " Come on." "All right, now, I want that wonderful brain of yours to check every single..." "All rise." "Case number 42132." "The Estate of Margaret Ray v. T.L. Michaels Corporation." " Mr. Donnell?" " Ready for trial, Your Honor." " Mr. Pierson?" " Ready for trial, Your Honor." "Let's bring in the jury." "They probably will be tied up until after lunch." "We wait." "Is there anything you need?" "And what is it you could provide for me, Ms. Washington?" " Jerry..." " Stop it!" "I'm not asking you to hold my hand." "I'm sick of you!" "I'm sick of everybody!" "Just leave me..." "For the last year everybody looks at me." ""How sad." "How sorry." "What can we do?" "Anything we can do?"" "There's nothing anybody can do!" "Nothing!" "But I'm not a victim anymore." " Okay..." " No, no." "I'm not." "I shot him. ...and I watched his neck explode." "And then I heard him gurgle and it was joyous." "He suffered." "And I thank God above he had time to know why he was dying." "So there's really nothing I need from you." "Today, I'm at peace." "The sound..." "It was joyous." "We'll hear the plaintiff's opening statement." "Good morning." "My name is Lindsay Dole." "I'm the attorney representing Mr. Emerson Ray, seated over there beside Bobby Donnell, who I know you have already met." "We will be setting out to prove that cigarettes manufactured by the defendant, T.L. Michaels caused Mr. Ray's wife, Margaret, to develop lung cancer and vascular disease which then caused her death in 1994." "I was instructed not to do that." "To drink water." "Mr. Donnell told me, since none of you have water it's possible you could resent me for having it." "So I was determined not to drink it." "But, well, this is my very first jury trial." "And as soon as I stood up, my mouth went dry." "Sorry." "The opening statement, as you know, is not evidence." "Instead, it's sort of a preview of the evidence we intend to show you." "I'm sure you're aware that product liability cases can potentially drag on forever and you might be worried about that." "There's medical information, scientific evidence technical data with respect to cigarettes." "Are they addictive?" "Do they cause cancer?" "Did they cause Mrs. Ray's cancer?" "Was that cancer the exact cause of her death?" "To prove all of this to an exact certainty we would have to be putting up expert witnesses for weeks." "We are not gonna do that." "We don't need to." "Emerson Ray will tell you how his wife smoked cigarettes on and off, for 52 years." "Cigarettes manufactured by the defendant." "Her treating doctor will tell you that they killed her." "Rabbi." "Where's the funeral?" "prime Watch, that news magazine show." "They've invited me and Bobby to go on." " What?" " Tonight." "They're doing a case about Gerald." "Leonard Goode is going on." "So is Father O'Brien." " Where's Bobby?" " Whoa, whoa." "They're in the middle of opening arguments." "You're not going in." " The show is tonight." " Yeah." "Well, you just wait for us back at the office." "You ain't going in there." "Her doctor will talk about this photograph which shows her lungs, corroded by the carcinogens of cigarettes." "And you will believe Dr. Clark because he is the only doctor who actually treated Margaret Ray." "As for whether cigarettes cause lung cancer we will not be calling witnesses to prove that, either." "We will show you what's printed on the cigarette packages themselves." ""Smoking causes lung cancer."" ""Cigarette smoke contains carbon monoxide."" "These are the warnings of the Surgeon General." ""Smoking causes lung cancer."" "We will present evidence that cigarette companies manipulate the levels of nicotine." "We will present evidence of a two-year investigation conducted by the FDA, in which it found nicotine to be addictive." "So much, in fact that the FDA now regulates cigarettes as drug-delivery devices." "But this trial is not about whether cigarettes are addictive." "We won't be calling witnesses to prove that proposition." "Addictive or not, we're not gonna stand before you and declare Margaret Ray was a helpless victim who had no choice but to smoke." "We won't be saying she was blameless." "In fact, maybe she's a lot to blame." "T.L. Michael's didn't force her to smoke." "We're not arguing that cigarettes should be banned." "We live in a free society." "It's one of the things we're proud of in this country." "No, it's a slippery slope once you start arguing that people shouldn't have the right to make personal choices." "And Margaret Ray chose to smoke cigarettes." "Make no mistake she bears responsibility." "Of course she does." "All we're saying is so does the defendant." "Not all of it but some of it." "You see, unlike automobiles or alcohol or even guns this is a product, even when you use it carefully it can still kill you." "They put out a product, when used as directed, causes cancer." "It's the plaintiff's contention that when their product does kill somebody they should bear some responsibility." "Just a little." "Sorry." "I was doing pretty well." "We will only be putting on three, maybe four witnesses." "Unless they're cross-examined in perpetuity, we expect to rest our case by Friday." "It's possible the defendant will put up 60 witnesses." "That's how many are on their list." "I don't know, or really care." "You see, in the end, the strongest part of our case will be you." "Your common sense." "Your seat-of-the-pants wisdom." "And when their umpteen experts tell you cigarettes are non-addictive or don't cause cancer, you'll know better." "We won't have to tell you." "Lastly this lawsuit is about compensating Mr. Ray for his loss." "I think we all know you can't really do that." "He lost his wife of 43 years." "Her death was slow and it was painful." "As Mr. Ray's lawyer, I suppose I should attempt to tap into his grief so you people can feel it." "Well, that's another thing I won't be doing in this trial." "I would never presume to be able to articulate his pain." "Nor would I presume your ability to truly feel it." "Unless you've been through it." "What I will try to tap into, however, is his anger." "The woman he loved died from smoking their cigarettes." "And he received no apology, no condolences not even the slightest admission that they are at all blameworthy." "Maybe corporations, if they're big enough, don't have to apologize." "Maybe corporations can put advertisements like this on billboards all across the country." "Or like this." "Enticing people to use a product that could give them cancer probably will give them cancer and feel no remorse." "The defendant, T.L. Michaels, generates revenues exceeding $28 billion a year." "They make more than $ 76 million a day." "A day." " Objection." "This is totally irrelevant." " Overruled." "He just asked us to believe that the money they make has no relevance." "Gee." "You will also be hearing from a scientist who formerly worked for the World Health Organization." "He will testify that 3 million people a year die from smoking." "One person every 10 seconds." "One person every 10 seconds." "This case is only about Margaret Ray." "This case is only about her suffering and his." "And yet, I still cannot bring myself to call it, "irrelevant" that in the short time I've been delivering my opening statement they took in another million dollars or so and 50 more people died." "There's something wrong with that picture." "And that one." "And that one." "And if a corporation makes billions and billions of dollars while its product continues to kill and kill and kill..." "If we just chalk that up to free society well, there's something wrong with that picture as well." "No, no, no." "We are not going on TV with a case pending." "Then who speaks up for Gerald?" "Let me." "If you don't wanna appear, I can..." "You?" "Leonard Goode is a professional advocate." "He'd chew you up like a breath mint." "No offense." "I'll just say Jerry shouldn't be automatically condemned." "He lost his daughter." "He shouldn't be vilified." "That's all." " It's too dangerous." " Better that than let Goode go unopposed." " Jerry will get hung out to dry." " Bobby, there is some truth to this." "Public opinion is gonna count big, especially if we try to plead." "Little spin wouldn't hurt." "If we do, we just offer perspective." " We don't get argumentative, Danny." " I promise." "Bobby?" "Bobby." "Bobby." "Rebecca." "I have Anderson Pierson on 3." "He wants to discuss settlement." " Okay, when?" " Their office, tonight, 7:00." "Tell him yes." "But don't sound too excited." " I am not going to sound excited." " Please, just pick it up." "Hello?" "Yes, 7:00 would be fine." " Thank you." " It's a trick." "It's an ambush." "I feel it." "What ambush?" "How are they gonna ambush us?" "Look, look, look, we gotta..." "First off, we are all going." "They got an army?" "So do we." "Second, we gotta pick a number:" "High and a low." " How about anything?" " No, forget it." " We're ahead." "Her opening was brilliant." " Nothing short of half a mil." " Are you crazy?" " They'll never pay." " What are we waiting for?" " What's that?" "Hold it." "Hear what they have to say." "It's just a meeting." "How can you go to a meeting?" "You're to be on TV." " Oh, damn it." "I can't miss that meeting." " You want me to do it alone?" " Jimmy." " Oh, God." "Just give me some No. 2 Pan-Cake." "I'm ready." "All you say, all either of you say is:" ""Don't hasten to prejudge until all the facts are in."" " Do we have an understanding?" " Yes." " Pan-Cake." " Pan-Cake." "Let's pick our numbers:" "High and low." "I'll do the talking." "Let me do the talking." "Whatever number they throw, don't anybody's eyes bug." "No eye-bugging." "We'll just play this easy." " Forget easy, let's hard-line." " You don't hard-line the tobacco..." "Try the case just to drive it between our cheeks." "On condition of secrecy signed confidentiality statements, no admission of liability T.L. Michaels is prepared to offer $425,000, structured over two years." "That offer is rejected." "That offer is only being made because sometimes it's cheaper to shoo away a mosquito rather than to slap it dead." "Look, I'm not gonna pretend that we measure up on legal talent." "But let's be honest, you wouldn't be making any settlement if you weren't anxious." "Anxious to avoid a protracted trial." "That's all." "I understand, but we have taken away your defense." "Your strategy of blaming the victim?" "Gone." "We already blamed her." "Your scientific assault on nicotine being addictive?" "Gone." "We're not arguing addiction." "Your medical-technical wizardry saying that cigarettes don't cause cancer?" "We want you to argue that one." "We might be crazy, but there's a climate out there right now." "States are suing tobacco companies for health costs associated with smoking." "We are taking the gamble that the public and those jurors they already know that you're the bad guys." "You've already lost one." "It's just a matter of time before a jury in Massachusetts is gonna wanna pinch you." "And if we get them there, to the point where they want you to feel a sting even a little sting imagine." "A million dollars is no pinch to you." "Ten million isn't even a pimple." "You rake in 76 million a day." "A day." "What if they think for killing Margaret Ray, you should forfeit just one day's proceeds?" "Or even half a day." "And here's the biggest thing of all most victims don't bother to sue because you're too big a windmill." "What if you should ever lose a jury trial to a plaintiff who puts on so simple a case?" "Four witnesses, no autopsy needed?" "We'd be profiled in every legal journal." "Mike Wallace would be in my office." "Plaintiffs would be coming out of the woodwork." "Well, you just have it all figured out, don't you?" "No, Mr. Pierson, we don't." "We're just guessing." "I admit that." "But suppose we guess right." "Can you really afford to take that chance?" "Can you?" "With your contingency fee, you're turning down $ 150,000." "Now, it's just a hunch, but I suspect you could use that money." "We reject your offer." "Let's go." "Are you crazy?" "Four hundred thousand?" "We were authorized to take anything over 3." " I was authorized to reject it too." " What were you thinking?" " They'll never settle." " Think of the client." " I know what I'm doing." " Did you forget that we were broke?" "You just turned down more money than we could have ever hoped to..." "I'm gonna attach these to your lapels." "Don't speak directly into them." " Is my forehead sweating?" " This way, gentlemen." "It sweats easy." " Oh, no." " And now, if I could..." "Good evening, and welcome to Prime Watch." "I'M Suzannah Riley." "Tonight, the stunning events surrounding the Martin trial and the renewed debate over the question of revenge." " They're gonna make another offer." " When?" "Tonight?" " Maybe." " What makes you think that?" " They offered four." "He turned it down." " What?" "Et tu, Rebecca?" "Damn right, et tu." "We were hoping for 3, et tu." "Listen to me, all of you." "They have a huge interest in settling this before the actual trial starts." "As soon as a witness takes that stand, they're in trouble." " Why?" " Lf they can get rid of it now they can sell it as a nuisance settlement." "As soon as the trial's in progress, any settlement is perceived as defeat." "That's why they had this meeting." "They wanna make this go away before the trial's started." "But you turned it down." "Four isn't enough." " They're gonna make another offer." " You hope." "Yes, I hope." "I hope." "I hope, I hope, I hope." "Look." "Here they go." " By confirming that both of you attended every session of the Martin trial." "Oh, God, help us." "Strange to find two religious leaders eMbroiled in a Murder case." "But even more strange that each of you seems to be embracing the respective murderer, if you will." "I neither embraced, nor condoned what Ronald Martin did." "I simply offered him forgiveness." "Okay." "Why?" "He murdered a girl." "For which he was judged to be insane at the time." "But there Was no suggestion of insanity at the time father O'Brien forgave him." " Easy, Danny." " I refer to the Old testament, Rabbi Which demands total forgiveness." "Yes." "It also talks about "eye for an eye," which is about avenging evil." "Truth be told, Dr. Braun's crime was far worse than Ronald Martin's." " What?" " Ronald Martin's act Was an insane impulse." "Dr. Braun's, however was deliberate, premeditated and therefore, more repugnant." "An opinion you would quickly change should Dr. Braun put you on retainer." " I take exception to that." " You're hardly an arbiter of repugnant." "Ronald Martin was a murderer." "You celebrated the night you freed him." "As did you celebrate, I suspect, When Dr. Braun Was granted bail." "Right now, an admitted killer is out Walking on the streets." "Well, Who put Who back on the streets, Mr. Goode?" "Oh, no." "His cheeks are flushing." "If someday you are charged with a crime, Rabbi would you hire somebody who feels more responsible for society's fate or your own?" "That's one way of looking at it." "Another way is if I were murdered you'd be standing first in line to get my killer off." " Oh, please." " This guy's good." "Certainly, Rabbi, you believe that all accused criminals are entitled to a defense." "A truthful defense." "But that's not what he offers." "The jury never got to hear the truth in Ronald Martin's trial." "They never knew that he previously tried to kill another girl because he suppressed that information." "Your problem is with the constitution." "No." "His problem is with lawyers like you who use the constitution to get off scum like Ronald Martin." "He's not scum." "Stop slandering this young Man." "He's dead." "There's nothing Wrong With slandering dead Murderers." " I read the Bible." " gentlemen, please." "What if everybody who was unhappy with a verdict took it upon themselves to exact revenge?" "A lot of injustice would occur but this isn't such a case." "And Jerry Braun shouldn't be crucified because of what might hypothetically happen if you don't condemn him on some legal principal when morally, it's not so simple." "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 blessing." "Well, you Would be Wrong, Mr. Goode." "Because Dr. Braun did come to Me and I did give him My blessing." "What?" "Wait a second." "You told Gerald Braun that it was okay to shoot Ronald Martin?" "He never said that." "I said, between Ronald Martin going free and Ronald Martin being dead it Was More Moral for him to be dead." "Mother of God." "Page Jimmy as soon as they go off the air." "Tell him to drag Danny's ass in here." " I don't believe this." " That's not in the Torah." "Hello." "Yes, this is Mr. Donnell." "Oh, hi." "Listen, I don't mean to be impolite..." "Well, sure." "That was Anderson Pierson." " He's on his way over." " What?" " Here?" " Yes, here." "Please, whatever he offers, just say yes." "Thank you, Rebecca." " Here?" " Yes." "Here." " Bobby's very upset." "Very, very upset." " Why?" "Why?" "You encouraged Dr. Braun to commit a homicide." "This is not an appropriate thing rabbis should do with congregants..." " Mr. Warner?" " Yes?" "Detective Robert Belle, Boston Police." "Would you place your hands behind your back please, sir?" "Why?" "Accessory to murder?" "All right, all right, all right." "Let's get him arraigned tonight." "tomorrow, the press Will be all over it." "Can you handle the arraignment?" "Of course." "What kind of a question's that?" "Okay." "I can't imagine they'll ask bail." "Plead not guilty." "Oh, thanks." "You know, I was gonna plead him guilty and get him a life sentence." "He's got such great faith." "Tell him not to Worry." "This is bogus." "It's just showtime and that I'll take care of it, okay?" "Not guilty, Jimmy." "You're a stitch." " Can you believe it?" "They arrested him." " What a night." "I'm not going to preface anything or do a big sell." "This check has already been signed, so there's nothing to negotiate." "You either take it or leave it." "But this will be our final offer." "It's designed to be preemptive." "After this, we will take our chance with a jury." "Even one which happens to find you adorable." "What's the number?" "If you never believe anything I ever say, believe that this is the last and final offer." "What's the number?" "1.7 million." "Accepted." "No admission of liability, confidentiality, the usual language." " You have full power of attorney?" " I do." "Sign." "We'll make copies." "This is yours." "Tell your client, congratulations." "And please tell him that I'm..." "That we're very sorry about his loss." "You..." "You..." " This is good." " Yeah." "Can we get a conference table now?" "Yeah." "I don't know, but maybe we should tell the client." "Tell him we settled for 400." "And Jimmy." "We gotta tell Jimmy." "Oh, God." "Jimmy." "James L. Berluti, representing the defendant." "We waive reading, Your Honor." "And pursuant to my authority as counsel, I enter a plea of not guilty." "Bail?" "We'd be requesting an immediate trial date, Your Honor." "My client feels scorned by these horrible charges and would like an opportunity, forthwith, to clear his name." "Forthwith." "Two weeks, Monday." "Is that "forthwith" enough?" "Oh, this would be suitable." "Thank you, Your Highness..." "Honor." "Personal recognizance." "See probation." "Next?" "That went very well." "Very, very well." "All right!" "I don't know what to say." "Every law firm said to me, "No way."" "You people said, "Maybe," and you backed it up." "Well, that's mainly because of Miss Awesome here." " And Bobby with his game plan." " Which only I supported." "Oh, get out of here." " Say, where is Bobby?" " Oh, he'll be here." "He and Rebecca are locking up, but they'll be here." "Good." "Here's to Bobby." "Hey, Beck." "Hey." "Guess we should get going." "Yeah." "It's okay to cry a little." "Just..." "Just money." "Just a settlement." "Okay." "Then I'll cry." "You should call your dad." "Yeah."