"[DENNY SINGING]" "[CHATTERING]" "So do I get my kiss or not?" "Tara, the way mistletoe works is the one standing under it is the one to receive." "I prefer to meet in the middle." "Well, I do enjoy your middle tremendously." "But a kiss really is more traditional." "The anticipation is pure..." "Sally." "Hi." "The last thing I want to do is come between all that collagen." "But, Alan, we have a little problem." "And like it or not, you're the best man to fix it." "This is Carmen Flores." "She works in housekeeping here." "Her ex-husband kidnapped her two children." "This is the third Christmas he's done so." "He brings them to Peru when Carmen has custody of them for the holidays." " Can't you just go to the judge?" " She did that last year." "And it cost her a fortune." "The judge held him in contempt for a day." "He said it's worth it to spend Christmas with his kids." "His flight leaves tomorrow night." "I thought maybe you could think of something." "Didn't you used to be a lawyer, Sally?" "I apologize." "There go my lips again." "Must be all that collagen." "Ladies, perhaps you two should kiss in the name of Christmas." " Oh..." "Sorry, Sally." " Oh, my God." "Incredible dress by the way." "Hate you." "Huh." "Alan." "Mistletoe." "Whatever." "ATTORNEY:" "She came home that evening at 9:30 catching an early flight to surprise her husband." "But it was the defendant who was surprised." "Susan May discovered her husband, Ralph making love to a business associate, Marie Holcomb and it was more than she could bear." "The evidence will show that the defendant retrieved a handgun from the kitchen returned to the bedroom, and fired six shots." "Three into her husband, three into Marie Holcomb." "This is the holiday season." "You should be home with your families." "I apologize for that." "Marie Holcomb's mother and father fly here every December from the West Coast." "This time, it's to attend the trial of their daughter's killer." "Susan May destroyed a lot of happy plans with that gun." " Get in Christmas." " Sorry?" "Christmas is ours, and Susan's." "Don't let him claim it." "I, too, would like to apologize for taking you away from your families during this holiday season." "That's Susan's family seated over there." "They would dearly love to be home with her." "She would dearly love to be home with them." "Imagine, if you can, as you prepare for your Christmas having a loved one murdered." "Add to that the horror that the police can't figure out who did it." "And then, if you can possibly fathom, imagine they decide to arrest you." "That's your defendant, ladies and gentlemen." "A law-abiding, loving, faithful advertising executive." "An innocent woman whose whole life was just suddenly and wrongly destroyed." "That's your defendant." "And that's what the evidence will show." "I report police twice." "They say domestic." " He returned the children both times?" " Yes." "This why police say it is for court to decide." "No one involved." "Ah, Denny." "This is Carmen Flores." "She works here in housekeeping." " Excellent." "Why do I care?" " Perhaps you don't." "First off, let me say how incredible you were last night." "The whole office is still stunned." " Thank you." " Now, on a topic far removed from you and therefore much less entertaining, though of some import to Carmen her children have been snatched by her ex." "Who do you know at the Boston Police Department?" "I know everybody." "You hear that, Carmen?" "The man knows everybody." "Her story didn't check out." "It's as simple as that." "That story she gave you was...?" "She came home, found them dead in bed." "Was there evidence of anyone other than the victims or the defendant being in the house?" " None." "And, detective, describe for the jury, if you can the defendant's demeanor when you arrived at the scene." "She seemed pretty shook up." "There was blood all over her." "She claimed she got the blood on her when she went to her husband to revive him." " You don't believe that." "I'm sorry." "The detective is more than willing to give testimony against my client." " You don't really need to lead him." " Sustained." " Did you believe the defendant's claim?" " No." "It was determined she was standing 5 feet away when she fired the gun." "I'm sorry." "I hate to be a nuisance." "Did I miss the point where she fired the gun?" "Sustained." "Detective, what, if anything led you to believe that the defendant fired the gun?" "We did a trace metal test which revealed she held the gun." "And her fingerprints were on the gun." " Hm." "Anything else?" " Her driver dropped her off at 9:30 p.m." "She called the police at 11:07." "She told us she discovered the bodies soon after she entered the house." "If so, why did she wait an hour and a half to call the police?" "As I said, her story just didn't add up." "It seems from your tone, you consider this kind of a no-brainer." "We applied all our mental faculties just the same and concluded your client committed the crime." "You concluded quickly." "Placed her under arrest the next day." "By the way, was the spatter analysis done in a day?" "No." "That came in later." "I see." "So when you placed Susan May under arrest, you were going on...?" " Her fingerprints were on the gun." " It was her gun, was it not?" "The fingerprints were fresh." "Got there when she picked the gun up after?" "We also had motive." "Her evasive demeanor." "She called the police, did she not?" "Yes, but she wasn't truthful." "Wasn't truthful when she said she didn't shoot them?" "That, and she obviously wasn't truthful about calling the police immediately after finding the bodies." "You had her examined by a psychiatrist?" " Yes." " The psychiatrist said she was in shock?" " Yes." " Possible the shock of discovering her husband caused the delay in calling the police?" " I doubt that's what happened." " Based on your psychiatric training?" "It's based on 30 years of experience as a homicide detective." "Thirty years as a homicide detective told you that the delay in calling the police could not have been caused by shock?" "Let's turn back to the blood spatter evidence." "This is the blouse my client was wearing that evening, is it not?" "Yes." "Lot of blood." "That's all spattering?" "Most of that came from handling bodies." "So where's the spatter you spoke of, detective?" "There are two elongated markings on the left shoulder." " Right here?" "These tiny marks here?" " Yes." "She supposedly fired six shots." "There's only two tiny marks?" "The others are covered up with blood from when she handled the bodies." " Did you analyze these marks yourself?" " I did." "Are you the person in the police department who does this?" "There are others, but I started in the lab." "So I'm trained as well." "Anyone else who analyzed this?" " We have a junior member..." " Junior member?" "It's a high-profile case." "It went to a junior member?" "As I said, I analyzed the clothes with my 30 years of experience..." " Thirty years in the lab?" " No." " How many years in the lab?" " Five." " The junior member, how many years?" " I'm not sure." " More than five?" " I believe so." "Just out of curiosity, what was his finding?" "Inconclusive." "He could not determine that my client fired a gun?" " Nor could he rule it out." " He could not determine that my client fired a gun." "Correct." "But I determined she did." "You trace metaled my client." "Did you test for powder residue?" " Yes." "She tested negative." " Gee, how could that be?" "We determined that she wore gloves when she fired the gun." "Hm." "So she was careful to wear gloves when she shot them." "Afterwards, she took the gloves off and handled the gun." "If she went into shock, she probably made a mistake." "Murderers often do." "For the purpose of explaining the delay in calling the police, you don't buy shock." "But to explain why she picked up the murder weapon barehanded after firing with gloves, you do buy shock." " In fact, you seem to be selling it." " Objection." "Withdrawn." " Did you find the gloves?" " No." "You searched the house?" "I don't wanna presume." "We searched the house." "We did not find the gloves." "Any evidence of her leaving after she came home?" "No." "Any unsolved burglaries in this neighborhood in the last year?" "A couple." "That went well, right?" "It went extremely well." "The problem, Susan, as we've explained the burden of proof is really on us." "I don't understand, as much as you keep saying it." "When you have the wife being the only one there her fingerprints on the gun..." " We'll argue burglar but with no break in..." " So my chances are the same?" "No." "We did very well with the witness today." "Our chances just got a little bit better." "But if we just..." "We stick to the plan." "We'd like you to meet with Dr. Waylon one more time." " Why?" " In case we need to call him we wanna be ready." "I'm not really comfortable being treated like some patient." "Susan, you put your life in our hands, did you not?" "You need to let us do what we do." "Can I ask you something?" "I'm not sure why I wanna ask this now but do you believe me?" "I don't know." "I certainly want to believe you." "But when I look at the evidence..." "I at least appreciate your candor." "The question the jury's going to be asking, "If not you, then who?"" "And we've got no answer for that." "The fatal wounds for both victims were to the head." "Death was instantaneous." "Doctor, were you able to determine the time of death?" "Between 9:30 and 9:45 p.m." "Doctor, did you examine the stomach contents of the victims?" " Yes." " What did you find?" "They were both relatively full." "How long does food stay in the stomach before emptying into the small intestine?" "One to two hours." "So if the victims finished dining by 7:30 as reported those stomachs should have been empty unless they were killed before 9:30, correct?" "Or unless they ate again after leaving the restaurant." "Were there any signs that they had eaten at home?" "Dirty dishes, recent garbage?" "To my knowledge, there was no evidence of that." "Thank you." "But they could've stopped on their way home had dessert or something?" " Well, not a medical question but yes, possible." "[MOUTHS] Thank you." "JUDGE:" "You may step down, sir." "Mr. Shubert?" "Prosecution rests, Your Honor." "Miss Colson." "[WHISPERS] Let's let them see some serious thinking going on." "[INAUDIBLE DIALOGUE]" " What's your take on free agency?" " Killing baseball." " Hockey?" " No salary cap, no hockey." " Soccer?" " Nobody cares." "Your Honor, the defense calls Susan May." "It's just that we regard it more as a domestic custody dispute." " Her recourse would be with probate." " There's where we're wrong." "I thought if you were to grab somebody and haul them to a foreign country, it would be a crime." " Well, I'll be damned." " So we're wrong." "By the way, does one need to be related to the victim to escape charges?" "There's this Junior Mint I've had my eye on." "I might borrow her for a weekend." "Perhaps the Bahamas." "As we understand it, the father brings the kids back." "That's what I'd do." "Joy ride." "We're wasting time here." "You two look like good men." "Department's full of good men." "That's why Denny Crane and this firm invest so much money in your ball." "You'll arrest the husband because A, Denny Crane wants you to and B..." " I play poker with reporters." "Who would be curious as to why ethnic child snatchings don't get your attention." " And C..." " The children were kidnapped." " And D..." " You're officially on notice." "You're good when you get testy." "Came easy today." "My balls hurt." "Let's have that be the one and only time you tell me that." "I was hurrying home because, well, I had been away for about a week and I was excited to see him." "And when you got home?" "I pulled into the garage went into the kitchen, called out his name." "His car was there, so I was sure he was home." "It was only about 9:30." "I couldn't imagine him being in bed." "But... he was." "And not alone?" "No." "What happened, Susan?" "I started upstairs." "I called out his name again." "Still no response." "Then I went to the bedroom looked in." " And I saw it." " Saw what?" "At first, just blood." "And then I saw one body, and then another." "What did you do?" "I first screamed." "I looked at my husband." "His eyes were open, and there was a hole in his temple." "And I went to him to see if he was still breathing." "Was he?" "No." "What happened next?" "I don't know." "You don't know?" "I remember talking to the police at some point." "I remember I..." "Them taking Ralph away." " But..." " Do you remember calling the police?" " No." " Do you remember touching the gun?" " No." " Seeing the gun?" "No." "That's a really convenient memory loss, don't you think?" "You recall not doing it, finding the bodies dead." "As for your fingerprints on the weapon why you gave the police false information after delaying in calling the police:" " "Gee, just can't remember."" " Objection." "A perfect way to tell your story without being subject to cross-examination." "Was amnesia your idea or your attorneys'?" "BOTH:" "Objection!" " Sustained." "Nothing further." "JUDGE:" "The witness may step down." "[WHISPERS]" "The defense calls Dr. Herbert Waylon." "Approach?" "This witness is not on their list." " Rebuttal list." " Called to rebut?" "You accused my client of faking her memory loss." "Short leash, counsel." "Step back." "Dr. Herbert Waylon." " Come here." "Just get up and down." " Sorry?" "You don't need to ask the $64,000 question." " Because?" " He will." "Then he can't object to it." "WAYLON:" "It's basically a form of posttraumatic amnesia." "She saw her husband murdered and it triggered a blackout." " She blacked out for an hour." " In terms of memory." "She wasn't unconscious." "She could've been sitting in a catatonic state." "She possibly even watched television." "The prosecution thinks that her memory loss was... convenient." "Well, I personally examined this woman the day after the murders." "She was suffering from dissociative amnesia then as I believe she is now." "Thank you, doctor." "He's your witness." "I hope you're right." "You can't state to a medical certainty that the defendant suffered from posttraumatic amnesia, can you?" "To a medical certainty, no." "And you can't medically rule out the possibility that the defendant pulled the trigger?" " Bingo." " No, I cannot rule it out." "In fact, while I believe her version of the events I make room for a completely different scenario." "Which is?" "Well, it's possible she looked into this bedroom saw her husband making love to another woman that threw her into a dissociative state." "And in that state, she shot them." "[PEOPLE GASPING]" "I'm sorry, are...?" "You're now saying maybe she killed them?" "I believe she found them dead as she says." "It's possible that she saw them making love, went into a dissociative state..." "Something we refer to medically as automatism." " And in that state, she may have killed them." "Then her brain creates a false memory of something less horrifying to her." "I have nothing further." "Her brain created a false memory?" "Yes." "Sometimes if a person's actions are so repugnant to them they can actually create a false version that is more psychologically acceptable." " And they believe this as the truth?" " Absolutely." "So it's possible that she committed the murders?" "No." "Murder suggests an intent she would've been incapable of." "If she did this..." "And I'm not saying that she did." " She would've likely lost all conscious control." "She would've acted outside herself." "And as a defense her brain would've manufactured this other memory that she walked in and found them already dead." "Your Honor, chambers." "They just back-doored insanity." "That's an affirmative defense." " They did not plead it." " We're not arguing." "The witness just testified she lost all conscious control." "That witness was called to rehabilitate." "You impeached my client's truthfulness." "You said that she was feigning her memory loss." "You went beyond my cross." "Your Honor, this is a ploy." "They're trying alternative defenses." "A, she didn't do it, and B, if she did do it, she was insane." "You coached the witness to get insanity?" "I called to rehabilitate to support her claim of memory loss." " Knowing he believed the possibility that she committed murders while dissociative." "I did not elicit that testimony, he did." "Your Honor, if we wanted to argue insanity, we simply could have pled it." "Except you don't want to argue it, counsel." "You want to argue not guilty and have insanity as a fallback." " Two defenses for the price of one." " I'm sure you'll properly instruct against insanity." " Yes." "And I'm sure the jury will listen." "I move for an immediate mistrial." "You opened the door on all this with your cross." " Which was their plan." " Maybe so." "But you did the damage." "I'll give you time to call your own experts." "But the case goes on." "Mr. Chase, Miss Colson I keep scorecards of all the lawyers who appear before me." "Now you're being desperate." "Too much?" "Just a bit." "I never figured you to place quite such a premium on a kiss." "A kiss is the promise of what's to come, Tara." "A kiss is the Christmas Eve of sex." "I actually favor the Christmas Eve of Christmas Eve." "I'm sorry." "It's not the part where the lips actually touch." "It's the part just before that when they're so close when you know it's about to happen." "You can almost feel it, taste it." "I like that bit to last forever." "Don't you just love to make it last forever?" "No." "Mr. Shore?" "I'm sorry." "There's a man here." "He says he's delivering gifts for you and Mr. Crane." "And he says it's urgent." "Mr. Crane is out of the office." "Gifts?" "May I help you?" " Are you Alan Shore?" " Not if you're a process server." " Ah!" " Shut up." "You shut up." "Somebody shut down the elevators." "If I hear them go ding, I'm gonna shoot this man in the head." "Sir, the last time somebody pointed a gun at me they shot me and it hurt terribly." "You think this is a joke?" "You got me arrested." "You got my kids taken away." "My kids are all I've got." "Well, it seems you have a gun." "Perhaps if you trade, the gun..." "[GUNSHOT] [SCREAMING]" "All right." "This is between you and me." "You have a hostage." "Everybody else, pick a door and get behind it now." "Let's clear the floor." "Kill the elevators." "Kill the phones." "Everybody, go into an office, close the door." "Now." "MAN 1:" "Let's do as he says." "WOMAN 1:" "Let's go." "Come on." "Hurry." "MAN 2:" "Come on, let's go." "MAN 3:" "Back here, let's go." "WOMAN 2:" "Come on." "MAN 4:" "Let's move away." "WOMAN 3:" "Come on." "Okay, Mr. Flores, let's talk." "Christmas is family." "I go to Peru to be with family." " My kids are part of that." " I understand, sir." "That's not what the No Child Left Behind Act had in mind." "I'm going to kill you." "I'd prefer you didn't." "His name is Julio." "His last name is Flores." "He's fired a round." " The gun's loaded." " Fourteenth floor." "That's right." " Thank you." " You can call me on 617-555-0197." "You're here because of your children." "So I'll ask you to think about your children." "If you go to prison, they lose their father." "With an arrest, I'm gonna lose all custody." "They already lost their father." "The first forensic specialist to analyze the blood patterns said they were inconclusive." "This is a police expert by the way." "He said the spatters could not prove that she fired a gun." "[SIREN WAILS]" "He's asking you to believe that she wore gloves to explain the lack of residue." "Then she took the gloves off to handle the murder weapon." "COP:" "Move, move." " Possible it was a burglar." "Prosecution certainly can't eliminate the idea." "And yes, possible that Susan May seeing her husband with another woman went into a dissociative state acted outside of her conscious control." "But it doesn 't really matter whether she pulled that trigger or not because she formed no legal mental intent to do so which is an element of the crime." " Move, move, move." " Reasonable doubt, whether or not she did it, no evidence of intent, even if she did all leads to the same verdict not guilty." "It's been almost 30 minutes." "You have to know the building is surrounded." " The police are probably on every floor." " I don't care." "My life has ended anyway." "No evidence of anyone else being there but the defendant." "Time of death, 9:45, 15 minutes after she arrived home." "As to why the defendant waited a full hour and a half before calling the police..." "Oh, yes." "The dissociative state." "That's handy." "However upset you may be, you must realize that what you are doing is insane." "I wonder why they didn't plead insanity." "Because there was no powder residue on her hands?" "How to explain insanity yet have presence of mind to wear gloves?" "That's a tough one." "These are very good lawyers." "FLORES:" "You think you're such a great lawyer." "You feel like a great lawyer now, Mr. Shore?" "Huh?" "I feel like a busy one." "So if you're gonna shoot me, let's do it." "I have plans." " What happened?" " I don't know." "I can't see." "Okay." "I see Alan." "He's all right." "NEGOTIATOR:" "Sir, the phone is going to ring." "I want you to pick it up." "And we want you to talk to us." "No." "You see all the police outside?" "We must have a jumper." " I hope it isn't Paul." "TARA:" "Denny you don't know what's going on?" " Why are you in my office?" " You don't realize?" "NEGOTIATOR:" "The building's surrounded." " There's nowhere to go." " I think I do." "Let's take off our clothes." "A man has a gun trained on Alan Shore out there." " That's why the police are here." " You won 't get hurt, sir." " Out there?" " He's threatening to kill him." " Calm down, sir." " Why didn't anybody come and get me?" "All right, then." "Are you mad?" "Mr. Crane, I don't think that's a good idea." " It's a fantastic idea." " Denny, the police are already here." "I see they got everything under control." "Sir, we just wanna have a conversation." "If that phone even rings, I'll shoot." " Do you hear me?" " Tara when I say open, you open that door." " I certainly will not." "I'm an ex-Marine." "I was a trained sniper." " Or was it a pilot?" "NEGOTIATOR:" "Mr. Flores..." " Don't use my name." " Put that gun down." "You'll get everybody killed." "We need to resolve this, sir." " You need to let your hostage go." " No." " We want to negotiate." " That's Alan out there." "We can resolve this, if you'd just answer the phone." "I'm mainly a skeet shooter now." "So when I yell "pull," that'll be your cue to yank open the door." " You are mad." " Ridiculous." " Pick up the phone." " Don't make it ring." "I'm warning you." "I'll shoot, do you hear me?" "[PHONE RINGS]" "Pull." "COP 1:" "Fire." "Move in!" "COP 2:" "Got one down." "COP 3:" "Got him." "COP 4:" "Get that weapon." "COP 5:" "Weapon." "COP 6:" "Got it." "COP 7:" "Sir." "Keep everybody away." "COP 8:" "Clear." "Denny Crane." "Is he...?" "Is he gonna live?" "Took a hit to the shoulder." "He'll be fine." "DENNY:" "Gosh." "Tom DeLay is a friend of mine." "He advised me to keep a rifle in the office." "My question is, did it appear the suspect was about to shoot Mr. Shore when you decided to take him out?" " No, why the hell would I wait for that?" "TARA:" "Can I get you some more water?" " Please." "It's vodka." "You're still freaking." "I thought that was it." "The way I've lived my life I've always believed homicide is what God has planned for me." "It's nice to know you believe in God." "Well, it's a law now in this country, isn't it?" "I love you." "I don't want to marry you." "Not even sure I want to date you." "But I love you." "For your information, since you love me this is the point where the boy utters something romantic like, "Me too."" "Or perhaps something a little less on the nose like, "You smell good."" "Are you trying to diffuse my trauma?" "Because if so..." "No." "I nearly died once." "And I remember thinking at the time of those who would grieve." "And I wondered whether or not I was loved." "You are." " More vodka?" " Please." "You smell good." "The defendant will please rise." "Madam Foreperson, the jury has reached a unanimous verdict?" " We have, Your Honor." " What say you?" "On the charges of murder in the first degree we find the defendant Susan May not guilty." "On the charges of murder in the second degree we find the defendant Susan May not guilty." "Oh, my God." "JUDGE:" "The jury is dismissed with the thanks of the court." "We're adjourned." "[RAPS GAVEL]" "Thank you." "[CHATTERING]" "[CHATTERING]" "I don't know what to say to you." "You've given me my life back." "The doctors say you've still got a lot of healing ahead of you, Susan." "Let your family take care of you." "Um, that theory that Dr. Waylon had that my brain is tricking me, making me believe that I found them dead, when really..." "Does he believe that?" "He thinks it's possible." "The brain can do that?" "[SIGHS]" "So how do I know?" "ALAN:" "Remember when we went skeet shooting together?" "DENNY:" "I do." "I barely remember you hitting a single skeet." "I'm a game player." "This afternoon, did you consider that you might hit me?" "I did." "It's a good feeling, you know, to shoot a bad guy." "Really?" "Something you Democrats would never understand." "Americans, we're homesteaders." "We want a safe home keep the money we make and shoot bad guys." "And save the life of someone you love." "Well, big day." "Even for Denny Crane." "I consider myself many things, Denny." "But being loved has never been one of them." "And now twice in the same day." "And the Red Sox won a World Series." "And the Red Sox won a World Series." "You know, Tara told me that once, she almost died." "And she thought of those who loved her." "But I found in that moment it wasn't who loved me but rather who I loved." "You know whose face I saw, Denny?" "Mine." "Liza Minnelli's." "Hmmph." "Crazy son of a bitch." "Merry Christmas, my friend." "You're not saying, "Happy New Year."" "Next year couldn't possibly be this good." "NARRATOR:" "Next on Boston Legal:" "I do not want Shirley Schmidt in this building." " You're Shirley of Crane Poole ..." " Schmidt." " Shirley, this is Alan Shore." " We've met." " Yes." "Shirley was in the men's room." " Inspecting his fixtures." "Denny Crane." "She's still hot." "Subtitles by SDI Media Group" "[ENGLISH SDH]"