The Practice

Love and Honor (310)

written by David E. Kelley


Part V.
Trees in the Forest
State of Mind
Love and Honor
Lawyers, Reporters and Cockroaches
End Games
Target Practice
Crossfire
Closet Justice
Home Invasions
Infected
Happily Ever After
REBECCA: Lucy, who authorized a Christmas party?

LUCY: Oh, that'd be me.

ELLENOR: That would be you? And are you paying for it?

LUCY: Funny.

ELLENOR: Lucy!

LUCY: Oh come on Ellenor. You look like a party girl. Lindsay, Bobby and Eugene act like they've never been to one.

LINDSAY: What?

ELLENOR: Did you know we were having an office Christmas party? Lucy. Oh come on. It's not like we have to invite any clients. They're all in jail.

LINDSAY: Can I turn in my partnership for her job? Looks like more fun being the boss.


JIMMY: Ok, Eugene, Ellenor, we went through this - I'll say it one more time. You don't defend what you did to the brother, you just describe it as a necessary evil. Nobody's righteous, nobody's arrogant, nobody's looking like it's this big inconvenience getting sued either. We know what we did to the kid, our hearts go out. We all clear?

BOBBY: Yep.

JIMMY: Nobody says that word qualified immunity. We're not relying on legal jingles. One last thing - I know none of you are crazy about me being first chair. But nobody ever, ever whispers or makes faces or does anything to make the jury think you doubt me. Like you all say, my credibility has to count in the end. Don't hurt it. Ok? Let's go.


JIMMY: We can only imagine, most of us, what it must feel like to be accused of such a gruesome murder. Can you imagine what it must feel like to be actually charged with a crime you didn't commit?

Steve: I'm not sure it could be any worse Mr. Berluti.

JIMMY: Yeah it can Steve. Cuz it's not just reputation on the line, it's your life. Forget whispers from the public, you go to a maximum security prison.


BOBBY: I was as much a suspect as an estranged family member with a motive?

McKew: No, no, my point is we need some evidence to trigger at least suspicion before we investigate anybody. There was none on the brother.

BOBBY: Did you want there to be? Might it hurt your case against George?

SILVA: Objection.

BOBBY: Withdrawn. You never even asked the question did you Detective? You never even said hey, what about the brother.

MCKREW: Of course we did. We ruled him out.

BOBBY: Can you prove he didn't do it?

MCKREW: We can't prove it.

BOBBY: Well how do you rule him out?

MCKREW: Because all the evidence went to your client.

BOBBY: All the evidence collected.

MCKREW: All the evidence, period.

BOBBY: The murder weapon? The murder weapon Detective?

MCKREW: We never found the weapon.

BOBBY: The bloody clothing worn by the killer?

MCKREW: We didn't find any bloody clothing.

BOBBY: There likely was bloody clothing, you just didn't find it right?

MCKREW: Right.

BOBBY: What about the witnesses?

MCKREW: There weren't any witnesses.

BOBBY: To your knowledge, or can you prove there were no witnesses?

MCKREW: To my knowledge.

BOBBY: All the evidence period. That means all the evidence you had, right Detective?

MCKREW: Yes.


BOBBY: We'll look worse trying to evade, let's just be up front about everything.

ELLENOR: You know, that's easy for you to say, it's not your personal life.

LUCY: Who's got a personal life?

EVERYONE: Lucy!!!


JIMMY: What did District Attorney Helen Gamble tell you?

ELLENOR: Basically, that the police had a disincentive to investigate. The victim's head was found in George Vogelman's medical bag. He represented the only chance they had at getting a conviction, they desperately needed to satisfy public pressure, and any new evidence would only serve to undermine what they believed was an open and shut case.

JIMMY: Leaving you with the idea...?

ELLENOR: They were more concerned with getting a conviction than they were with finding the real killer.

SILVA: Helen Gamble told you this.

ELLENOR: She suggested to me that could have been why the police didn't reopen.

SILVA: Told you this in confidence?

ELLENOR: Pretty much.

SILVA: And you sprung a little surprise, calling her to the stand, making her say that under oath. She didn't see that coming, did she?

ELLENOR: No.

SILVA: You basically sandbagged her.

JIMMY: Objection.

SILVA: Withdrawn. What's plan B?

ELLENOR: It's sort of a slang code we have for well, shifting guilt to somebody other than our client.

SILVA: It's pointing the finger at someone else in court, saying he did it. Is that it?

ELLENOR: Basically.

SILVA: And basically you decided to plan B Steve Robin in the Vogelman trial.

ELLENOR: Yes.

SILVA: Stand up in open court, and suddenly say, he killed his own sister.

JIMMY: Asked and answered.


SILVA: Oh, I understand you couldn't know for positively sure. My question goes to what you thought. Honest answer. Did you really think he killed his sister?

ELLENOR: No.

SILVA: You'll do anything to get the client off, won't you?

JIMMY: Objection!

JUDGE: Sustained.

SILVA: Have you ever been suspended in connection with jury tampering?

ELLENOR: That was an innocuous exchange that happened in an elevator between a colleague and a juror who tried to ask her out on a date.

SILVA: You're required by law to report these communications to the judge, aren't you?

JIMMY: Objection, relevance.

SILVA: Offered to show a pattern of deceit. It also bears on the witness's honesty, which she puts in issue by testifying

JUDGE: I'll allow it.

SILVA: Did you persuade your colleague not to report the jury tampering because it might cost your client an acquittal?

ELLENOR: Yes.

SILVA: Client there was an alleged drug dealer?

ELLENOR: Yes.

SILVA: Couple of months ago, you had another client, a drunk driver? He hit a pedestrian, called you from the scene. You advise him to drink right there on the spot?

JIMMY: Objection!

SILVA: Pattern.

JUDGE: Go ahead.

SILVA: You tell this client, let yourself be seen drinking, so that when you fail the breathilizer, you can say you were drinking after the accident?


ELLENOR: Where the hell were you?!?!?!

JIMMY: I was up and down like a jack in a box -

ELLENOR: You came in late! And where were you??

BOBBY: Ellenor! Jimmy's right! If we ducked those questions -

ELLENOR: Those questions have nothing to do with this case!!!

JIMMY: They had to do with YOU!!!

ELLENOR: You hung me out!

BOBBY: Silva hung you out with your own history. Jimmy did nothing wrong.


BOBBY: Obviously, Silva has moles. He heard about plan B, Ellenor advising a client to drink….the jury tampering thing was on record, but what happened with Helen Gamble, that wasn't.


JIMMY: The guy is tapped in.

BOBBY: Tapped in or not, this doesn't happen unless people in this room are talking.

LUCY: I didn't tell!

BOBBY: Nobody's saying you did.

LUCY: No, not much!

BOBBY: The point is, we can't repeat stuff, not to friends, relatives, anybody, because Tommy Silva knows everybody, everbody.


JIMMY: You all got your tails between your legs. I think Silva is making a mistake the more of this outside stuff he puts in. The jury tampering, the drunk client - he's trying to win with evidence that's got nothing to do with this case. The jury can see that. So let's not go in the room looking like losers ok? The jury can see that too.


EUGENE: When I persuaded Steve Robin to testify, my intent was only to establish his sister being on the internet. I never lied to him.

JIMMY: But let's be fair, when you changed your strategy, you didn't call him up and say, by the way I plan to accuse you.

EUGENE: No.

JIMMY: You wanted to spring him.

EUGENE: Yes.

JIMMY: Why?

EUGENE: By surprising him, I had a better chance of causing him to be outraged. Rage and outrage, they can look alike. If I could get a jury to see rage in him, then they could more easily believe he could have committed a homicide.

JIMMY: Do you believe he killed his sister?

EUGENE: I didn't know that he didn't. But I really didn't think that he did either.

JIMMY: So Mr. Young, you're basically admitting you accused Steve Robin of something you yourself didn't really think he did.

EUGENE: I do not admit that I am guilty of any wrongdoing.

JIMMY: And why not?

EUGENE: Because as a defense lawyer, it is my job to raise questions. To play devil's advocate to what the government is saying, sometimes you might look like a devil doing so.

JIMMY: Don't you feel ….bad? Steve Robin, he's probably innocent.

EUGENE: Of course I feel bad. But George Vogelman is innocent. He was framed, the police didn't investigate, and I wasn't about to let an innocent man get a life sentence for something he didn't do.


SILVA: You're facing possible discipline from the bar, because of this plan B tactic aren't you?

EUGENE: I was reported to the bar, I suspect at your urging.

SILVA: The bar is conducting an inquiry?

EUGENE: Yes.

SILVA: You sound, maybe it's me…you sound almost proud of what you did.

EUGENE: Like I said, I didn't enjoy having to attack Steve Robin. But once a defense lawyer takes a case, he has to use whatever legal means possible to defend his client. That's what I did.


SILVA: Last week, Bobby Donnell had a case.

JIMMY: Objection.

SILVA: Pattern, your honor.

JUDGE: Go ahead.

SILVA: A baby was killed, and your firm represented the convicted killer. Bobby Donnell stood up in court, and accused the baby's father, didn't he?

EUGENE: I wasn't there, but to my knowledge, the facts supported the question.

SILVA: And that too would be a lawyer's job right?

EUGENE: Yes.

SILVA: In fact, any grieving parent, should his baby be murdered, should expect to be accused of killing his child because that's our system.

EUGENE: It's not that simple.

SILVA: Well, you're sure making it sound that simple Mr. Young. You're sitting in that chair, and we're talking about accusing family members of murdering their loved ones as basic defense strategies. You sure make it sound easy. That's all I got.


JIMMY: Going after Steve Robin like that, you weren't a little disgusted with yourself?

EUGENE: As I testified, I didn't enjoy doing it.

JIMMY: That wasn't my question. I asked weren't you disgusted with yourself? Didn't you go back to the witness room right after and say something to the effect like you were a monster for doing that? Isn't that what you told Ellenor Frutt?

EUGENE: What are you doing?

JIMMY: Last year, your ten year old son said my dad gets killers off. You were disgusted with yourself when you heard that, weren't you? You wanted to quit practicing law.

SILVA: What's going on?

JIMMY: I'm asking the witness some tough questions. If he doesn't answer, I'd like to treat him as hostile.

SILVA: This is just another stunt, your honor…

JIMMY: Why don't you sit down till you know what you're talking about?

JUDGE: Alright, I'll give you some latitude counsel.

JIMMY: You like putting killers back out there Eugene? Two years ago, some pedophile you defended, you put him back on the street. He sodomized and murdered two little boys, didn't he? You snapped in court, and you beat up your own client, didn't you? If they hadn't pulled you off him, who knows what would've happened, right Eugene? This spiel, defense lawyers do what we must and we don't apologize, that's a bunch of crap isn't it? You get disgusted with yourself a lot. And you got disgusted with yourself after attacking Steve Robin on the stand, didn't you? Cuz you knew then, like you know now, it was despicable. Isnt't that the truth? We can take your silence as a yes, can't we Eugene?


REBECCA: Is it that bad?

BOBBY: No, it's just…

REBECCA: Tell me.

BOBBY: I kissed Lucy. I should say, she kissed me, and when she did it, it felt wrong. Like I was betraying somebody. Lindsay. Somewhere in the back of my brain, I feel like in some kind of a relationship with her. My head went right to her when Lucy kissed me.

REBECCA: I was talking about the Robin case.

BOBBY: What? Oh yeah, it didn't go very well, it wasn't good.

REBECCA: You kissed Lucy.

BOBBY: She kissed me, mistletoe, but well...

REBECCA: You kiss Helen Gamble, you kiss Lindsay, there was that whiny thing in the short skirt, and now you kiss Lucy. What's wrong with you???

BOBBY: Rebecca!!!

REBECCA: You know we're about to face bankruptcy and you're running around kissing teenagers! What's wrong with you?

BOBBY: Rebecca! I tell you something that's bothering me and you swat me??

REBECCA: You're damn right! She's eighteen years old!

BOBBY: She kissed me!

LUCY: Aarrrrgh!! Why don't you tell the world!


LUCY: He left his bag. He's gone. Think he got lucky last night?

JIMMY: Lucy! He just forgot it. Are you out of your mind?

LUCY: Open it.

JIMMY: I'm not gonna open it. It's a man's private bag. You open it.

LUCY: I'm a girl!

JIMMY: But there's nothing in it but medical supplies. Just, look, maybe there's a phone number inside and we can call him.

LUCY: Right! Right, we'll pretend we don't have his number in the Rolodex.

JIMMY: We shouldn't do this. Hurry up!

GEORGE: Hello?

Jimmy, Lucy & GEORGE: AAAAAHHHHH!

GEORGE: Geez!

JIMMY: George, hey.

GEORGE: I forgot my bag.

JIMMY: Oh. Here it is.

LUCY: Yeah, we were… just checkin' it for heads. I'm kidding.


SILVA: There's no honor in being a lawyer today. Used to be a dignified profession. Now... but there's gotta be a line. Steve Robin's sister was murdered. And these people, the lawyers, defending the guy charged with doing it, well they decided, they'll blame Steve. Fool him into taking the stand, out of some duty to tell the truth. And then ambush him with an accusation they pretty much knew to be false. It was indecent. Unthinkable, really. And they do it all the time. Plan B. They figure in a courtroom, they're insulated from slander or defamation, so they think nothing of accusing brothers of killing sisters. Fathers of killing their babies. Anything to get the client off. But there's gotta be a line. Where do we draw it? I really don't know. But when a lawyer knowingly sacrifices a person's reputation with information he knows isn't true, when you go after a grieving brother and say that he chopped off his own sister's head, well I'd say the line has been crossed. Now everyone today is angry about how despicable lawyers have become. Well you have a chance, right now, to send a message. Put these people out of business.


JIMMY: It's an adversarial process, and the rules, though not popular, are pretty simple. The state tries to convict, the defense lawyer does everything he legally can to prevent that conviction. Not almost everything he can, everything. It's not a choice. And if in the mind of the lawyer, pointing a finger at the brother of the victim can secure an acquittal, truth is, he has no right not to, unless he knows for a fact it's a lie. Which here they didn't. The system doesn't work if the lawyer says, in this case, I'll do whatever I can, in that case, I won't. You do whatever you can in every single case. Defense lawyers cling to that rule. It's the only way they can survive. Sometimes, they retreat so far inside that principal, they can seem almost inhuman. That's what you saw in Eugene Young. He didn't even seem like he had much compassion, did he? I actually think he's in denial as to what he does. It's not surprising. Cuz what he has to do a lot of the time would make most people sick. How do you go home at night and sleep after getting a killer free? How can your stomach not turn at the idea of fighting for some rapist? You saw in Eugene Young a man who's freed killers only to have them kill again. You saw in Eugene Young a man who struggles with that. You saw in Eugene Young a man desperately hanging on to his ideology, to survive what he does for a living. But believe it or not, that is where the truest and deepest honor of this profession lies. Doing an ugly job that serves a higher purpose. The state incarcerates, the defense lawyers works every day to check that balance so innocent people don't get caught up in it. And you know what? An innocent man got caught up in it here. The polygraph that he passed was inadmissable, so the jury there couldn't know about it. The circumstantial evidence was so overwhelming and dramatic, he was faced with a sure conviction. The only thing he had was a couple of lawyers willing to do everything they could. As hard as this may be to compute, Eugene Young was dignified in going after Steve Robin, not because Steve Robin probably did it, but because he most likely didn't. And that made the duty ugly. Dirty. Many attorneys would have found a way not to do it, and the innocent man might have gone to jail. Over there, sits somebody who got hurt. And our compassion has to go out to him. It has to. But it also must be tempered with the reality that the worse result would have been a man serving a life sentence in prison for something he didn't do. What this case really is, is a referendum on criminal defense attorneys and our system. You wanna pass judgment on that, I suppose I can't stop you. But I know those people at that table. I work side by side with them every day. There's honor in that job. Trust me.


BOBBY: It's 10:30.

JIMMY: Just let me enjoy it. See this suit? It's my lucky suit. Problem is, it don't fit me. I had to diet all week. I been dreaming of this hotdog since Tuesday. And now I've dropped it. How's that for an omen? Thank you for letting me do it.

BOBBY: It was a self-serving decision. Nothing to help you.

JIMMY: I know, and that's what... Spent my whole life thinking I'm not good enough. Sometimes...

BOBBY: If we lose, you'll at least know, your whole life... you've been right.


JIMMY: Listen. We ok? You and me?

EUGENE: Yeah, we're okay. Jimmy - good closing.


LINDSAY: So we're still in business.

BOBBY: Yeah. Still partners, unless you're thinking of leaving.

LINDSAY: What?

BOBBY: Helen said something.

LINDSAY: I'm not going anywhere. I should be honest about... I don't mean to be cold. It's not that I'm not interested. I just know that it's not right. And for once, I'm going with my head.

BOBBY: Oh yeah, Lindsay. You and your heart, have been so out of control.

LINDSAY: What's that supposed to mean?

BOBBY: Nothing. It means your right. I'm going with your head too.


GEORGE: You know you're standing under the mistletoe?

HELEN: You know the saying George, once you've seen a man holding a severed head, it's hard to look at him again sexually.




transcribed by Vickie

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