"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."