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| "Boston Confidential" - Transcript Done by Arwen |
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"Boston Confidential"
Written by: David E. Kelley
Directed by:
-------------------- Disclaimer --------------------
I do not own the characters in this story, nor do I own any rights to the
television show 'The Practice'. They were created by David E. Kelley and
belong to him and David E. Kelley Productions.
This transcript was written by Arwen
************************************************************
"Boston Confidential"
Opens in Lindsay’s room Bobby and Lindsay are in bed kissing
Helen: (from out side of room) Lindsay, Lindsay are…
Helen bursts in
Helen: Oh sorry. Do you guys brush or do you just start right in with
morning breath?
Lindsay: Helen
Helen: Nevermind I just got called to a crime scene so I got to go
Lindsay: Ok well thanks for coming in to tell me
Helen: Sorry again
Helen leaves
Bobby: She’s not sorry she likes doing that.
Lindsay: I’ll get a lock
Bobby: Nevermind a lock. Move in with me.
Lindsay: Bobby
Bobby: Why do we have to wait till were married? We haven’t even set the
date yet. You can still wear white if we live together first
Lindsay: Tell that to my father, what about Helen? She can’t afford this
place by herself
Bobby: Now that’s the real issue isn’t it, you don’t want to bail on
Helen. We go back and forth just to collect clothes. This is ridiculous.
Cut to down town Boston Helen arrives at the crime scene
Helen: (walking over to Mike) what do we got?
Mike: Big ticket the suspects the president of Boston Liberty Bank Pierce
Stanton
Helen and mike walk over to 2 police officers
Mike: This is Officer Henderson. This is Helen Gamble District Attorney
Helen: Ok lets go take a look
Officer Henderson: I pulled him over for a traffic violation, he ran a
stop sign. I haven’t touched anything yet.
They walk around the back of a car and you see a dead woman lying in the
trunk
Helen: And he confessed
Officer Henderson: Just started crying and said he strangled her.
Helen walks over to police car that Pierce Stanton is in
Helen: Mr. Stanton I’m Helen Gamble from the District Attorney’s Office.
We’re going to take you down to the police station and we’d like you to
make a statement there okay?
Try to help you out.
Pierce Stanton: I think I should call my lawyer
Helen: Ok that’s fine
Pierce Stanton: Would you call him? His name is Bobby Donnell I’m sure he
listed.
Mike and Helen walking at the crime scene
Mike: She may have jumped the gun on the search a little
Helen: Jumped the gun how?
Mike: Well reasonable suspicion is iffy.
Helen: She’s the one he confessed to?
Mike Yeah
Helen: Officer Henderson
Officer Henderson walks over
Helen: Can you come by my office this morning?
Officer: Sure
Helen: Okay bye, mike
Cut to Jimmy entering a jailhouse visiting room and walks over to where
Henry Olson is sitting on the other side of the glass
Jimmy: I can’t continue to just sit on this
Henry: But you gave me your work Jimmy.
Jimmy: Let me ask you something Henry. Are you sure? Have you talked to
your son about it?
Henry: It’s a little hard to have a conversation from where I’m situated
at the moment.
Jimmy: So what we’ve got here, your sons a murderer living in your home
with your wife and your 11-year-old daughter. Aren’t you concerned as a
father?
Henry: OF course I’m concerned but…
Jimmy: Then how can you stay quiet?
Henry: Because I cant necessarily trust Alison not to tell
Jimmy: She might tell, have concern for him the kid needs help.
Henry: I don’t want to have this discussion
Jimmy: (Slams against glass divider) We’re gonna have this discussion
Guard: Sir I’ll have to ask you to leave if you do that again
Jimmy: Henry, you’re an intelligent man, you’ve got to know this is not
smart. You’re in jail for a crime you didn’t commit, your son is in
desperate need of help and isn’t getting it for gods sake henry.
Henry: I don’t know what to do anymore Jimmy, I can’t see him go to prison
I couldn’t live with that.
Jimmy: You trusted me once, I know a judge I think I can trust let me talk
to her maybe my partners they’ll keep my confidence I promise.
Cut to Bobby and Pierce Stanton in a jail cell
Pierce: I didn’t plan it. It wasn’t like it was premeditated.
Bobby: Just tell me what happened?
Pierce: We’d been fighting which we’ve been doing a lot lately, and she
wasn’t happy. She kept saying she wasn’t happy about this about that. It
was building everything I did wasn’t good enough whether it be my
personality or my sperm count the way I rinse a damn dish. I but her a 3
million dollar home in Cambridge and every time I drive home to it I’m
afraid to go inside because I know I’ll get an ear full how I don’t
measure up. I got sick of it bobby.
Bobby: Calm down and tell me what happened.
Pierce: Like I said we’re having an argument and she’s saying she hates
this and she hates that and I said to her ‘it’s me you hate isn’t it, it’s
me’ and she says that maybe she does. So then there’s some more screaming
and suddenly my hands are on her throat, now I don’t even know what the
argument was about but my hands are on her throat and I’m squeezing. I’m
squeezing as hard as I can then suddenly she goes limp. I let her go.
Bobby: Where were you going with her?
Pierce: What
Bobby: With her in the trunk?
Pierce: She had made plans to go shopping in town and she had told some
friends. I was going to try and make it look like a mugging or something
then I ran a stop sign believe it.
Bobby: How much of what you just told me did you tell that police officer?
Pierce: All of it.
Cut to Court room Helen is sitting in the gallery Lindsay walks over and
sits next to her
Lindsay: Hey
Helen: Lindsay what are you doing here?
Lindsay: ah Stanton case
Helen: It takes two to do an arraignment now?
Lindsay: No actually I came to see you
Helen: Oh
Lindsay: I’m going to move in with Bobby
Helen: Oh when?
Lindsay: Well pretty much right away so…
Helen: IS this because I walked in on you guys this morning? Cause I can
cut down on that
Lindsay: No, no it’s something that we’ve been talking about
Helen: Ok, um but I’m going to have to move out I can’t swing that place
on my own
Lindsay: You can find another roommate
Helen: Lindsay who am I going to find? Women don’t like me. Men just want
to sleep with me. I end up wanting to sleep with them, it’s a vicious
cycle.
In background: Case 32114 commonwealth versus Pierce Stanton on the charge
of murder in the first degree
Helen: I gotta go
Bobby: Bobby Donnell for the defense Your Honor waive reading plead not
guilty
Helen: Helen Gamble for the commonwealth oppose bail
Bobby: My client has established roots in the community
Helen: Murder 1
Bobby: Even so
Judge: Bail is denied
Bobby: Move for a probable cause hearing Your Honor
Judge: 2 o’clock put the defendant back in the lock up next case
Bobby: (to Helen) any offers?
Helen: Bobby he confessed what kind of deal do you expect me to cut?
Cut to Jimmy entering Kittleson's chambers
Kittleson: Jimmy?
Jimmy: You got a second?
Kittleson: I suppose
Jimmy: I know Ellenor was in here last week hitting you up for special
favors I promise this ain’t about that
Kittleson: I love it when you use like ain’t eloquence has a way of
leaving me moist
Jimmy: Listen, I know your integrity as a judge comes above anything else,
and I’m here actually to ask your help or advice. It’s kind of a grave
thing
Kittleson: I’m listing
Jimmy: I would appreciate it if we could keep this confidential cause it
involves a privilege relationship on my end. I got a client convicted of a
serious crime he didn’t commit, his son committed it. My client doesn’t
want his son to go to prison for the rest of his life, so he’s taking the
fall. I cant convince him to come forward with the truth, never the less I
got the truth
Kittleson: You have evidence that the son committed the crime?
Jimmy: Well, just my clients word but it’s a good word
Kittleson: So basically you’ve got a client convicted of a crime who says
he innocent. You expect what?
Jimmy: Well I don’t know but this isn’t just a case of the convicted guy
saying he’s innocent, it’s…
Kittleson: It’s exactly that. That’s what happens in 90% of the cases. Now
you have new evidence take it to the DA if you don’t … what am I missing
here?
Jimmy: Well I guess I am looking for a favor though I don’t see it as
that. Were both officers of the court an injustice has occurred. Right now
I go to the DA he’s just going to laugh. It’s going to seem exactly as
you’ve said. I’m going to look like every other defense attorney throwing
a Hail Mary, but if I go in with a judge that might give me some
credibility
Kittleson: Get out!
Jimmy: If I could convince you that what I’m saying is true
Kittleson: Get out!
Jimmy: You could help prevent a big miscarriage here. This integrity of
the robe thing that’s just a bunch of crap
Kittleson: Hey, you think I won’t hold you in contempt
Jimmy: Go ahead! We’d be even (Jimmy Leaves and slams door)
Cut to D, Y, D&F Jimmy is talking to the rest of the firm
Jimmy: And no matter how hard I try to change his mind he won’t budge
Bobby: The son did it?
Jimmy: Yes
Bobby: And you knew?
Jimmy: I didn’t know until the day of closing arguments
Bobby: Why didn’t you tell us?
Jimmy: I gave him my word
Bobby: We’re his lawyers on this case
Jimmy: Don’t you start in on me dammit I gave him my word that’s got to
count for something
Eugene: All right lets calm down and figure out where were going to go
from here
Rebecca: Can we go to the DA
Bobby: Bay forget it
Lindsay: Without evidence Bay and everybody else is just going to laugh at
us
Eugene: A confession is new evidence. I say we go to the son
Jimmy: We can’t reveal to the son what we heard from henry client
privilege
Ellenor: You already broke privilege when you went to Kittleson
Jimmy: Kittleson won’t talk and I asked you not to start in
Lindsay: Hey
Rebecca: Alright
Bobby: Look go to Henry get his permission to talk to his son
Jimmy: He’ll just say no
Ellenor: He wants to spend that rest of his life in jail
Jimmy: Yes! That’s what I keep telling you
Eugene: Let me have a little chat with henry
Cut to Helen and Officer Henderson entering Helen’s office
Helen: Please have a seat. How long have you been a police officer?
Henderson: 2 years
Helen: So you remember learning anything about the 4th amendment at the
academy?
What right did you have to open that trunk?
Henderson: He was acting suspiciously
Helen: We’ve got a problem officer you had no legal grounds to conduct
that search. Unless I see he didn’t have his registration on him
Henderson: That’s right
Helen: See I think what happened is you decided to impound the vehicle.
Once you made that decision you then conducted an inventory search of the
vehicle. Is that what
happened?
Henderson: Yes
Helen: Ok well we need to be clear on that once you get in the witness
chair otherwise the contents of that trunk together with the confession
will be suppressed are we clear?
Henderson: Yes
Helen: Good, you might want to get some coffee you’re on in an hour
Cut to D, Y, D&F Kittleson enters
Jimmy: Roberta?
Kittleson: Can I speak to you? In private.
They go to Bobby’s office
Kittleson: First of all, you had no right to reveal to me your clients…
Jimmy: I didn’t give you names
Kittleson: I can figure it out give me some credit. Now are you sure your
client is telling the truth?
Jimmy: Yes
Kittleson: What you first need to do is get his permission to talk to the
son
Jimmy: Eugene’s trying to do that now
Kittleson: Assuming he consents, you need to get the boy counsel. I would
then try to secure a written confession with counsel, then you take that
to the District Attorney but the boy must have counsel.
Jimmy: Ya
Kittleson: The reason I got so angry, when somebody so much as asks for a
special treatment on the basis of a personal relationship I consider it a
professional inditement, I take offense
Jimmy: I wasn’t trying to insult you professionally Roberta. Everybody
knows you’re a great judge that’s why I cam to you for advice and maybe a
little because I missed you
Kittleson: Well you have my advice
Cut to court room Helen questioning Officer Henderson
Henderson: I pulled him over after her failed to stop for the stop sign he
appeared to be very nervous
Helen: What happened then?
Henderson: I asked for his license and registration, he didn’t have his
registration so I decided to impound the vehicle. I then ordered the
suspect out of the vehicle and then I searched it upon which I found the
body of a deceased woman in the trunk
Helen: What happened next?
Henderson: He then basically broke down and told me that he had murdered
his wife and that he was planning to dispose of the body to avoid being
caught
Helen: Thank you officer (she sits down)
Lindsay: (she gets up) you said he was acting nervously?
Henderson: Very
Lindsay: Did his behavior make you suspicious?
Henderson: Well I suppose it did a little, he looked like he was hiding
something
Lindsay: And in your testimony you said you ordered the suspect out of the
car and then searched the trunk. What was he suspect of?
Henderson: He wasn’t a suspect at the time, he became a suspect after I
opened the trunk.
Lindsay: Well you said you ordered the suspect out of the car. Should we
read bake your testimony?
Henderson: Well I miss stated it he wasn’t a suspect until after I opened
the trunk.
Lindsay: Ok, and when you went to search the trunk was it because you
thought he was hiding something there?
Henderson: No that was an inventory search, I had decided to impound the
vehicle so I did an inventory search.
Lindsay: And why were you impounding the vehicle?
Henderson: Because he didn’t have any registration
Lindsay: The car wasn’t registered?
Henderson: It turned out to be registered but he didn’t have the
registration on him
Lindsay: And is it your policy to impound registered vehicles when the
driver isn’t in
possession of the registration?
Henderson: No, I didn’t know it was registered when I decided to impound
it.
Lindsay: Did you call in the plates?
Henderson: No
Lindsay: Isn’t it normal procedure to call in the plates to determine
whether a car is
registered?
Henderson: Many officers do that I didn’t on this occasion I suppose I
could have
Lindsay: You suppose you could have. Did you tell my client you were
impounding the vehicle when you asked him to open the trunk?
Henderson: I don’t recall
Lindsay: Did you call a tow truck?
Henderson: No
Lindsay: Why not?
Henderson: I hadn’t gotten to that yet
Lindsay: When were you planning to get to that?
Helen: Objection
Judge: Overruled
Henderson: I was going to order the tow trunk after I did the search.
Lindsay: Officer Henderson we all know how long it takes tow trucks to
show up, its your testimony that you planned to do the search first and
then call for the truck?
Henderson: Yes
Lindsay: OK, when you went to search the trunk you didn’t tell my client
you were taking the car, you didn’t tell him he had to get picked up by
somebody or hitch a ride to
the station?
Henderson: No
Lindsay: Your Honor, the defense moves to suppose the contents of the
trunk together with my client’s confession
Helen: Opposed
Judge: I’ll hear all oral arguments tomorrow morning 10 o’clock
Cut to D, Y, D&F Eugene enters
Eugene: HE says we can’t talk to the son
Rebecca: So now what?
Eugene: Its over
Jimmy: It’s not over
Eugene: Jimmy there's nothing more we can do
Jimmy: IT cant be over we just don’t sit back saying its over while the
wrong guy sits in jail. I think we should confront the son anyway
Eugene: Can’t do that
Jimmy: What not?
Eugene: Because he instructed you not to, you cant talk to the kid without
revealing a
lawyer client communication so that that.
Jimmy: Eugene, what are we suppose to do here? Forget about it, move on
while an innocent man serves a life sentence?
Eugene: That’s exactly what we do jimmy. Now if you want to go through the
transcripts, find an appealable issue do it, but what the client told you
in confidence you keep in it confidence
Jimmy: Not when it amounts to…
Eugene: Jimmy you cant do it
Cut to later that day Steven Olson enters D, Y, D&F
Steven: (to Lucy) I’m here to see Mr. Berluti
Jimmy: Stephan hey thanks for coming. Had no trouble getting here?
Steven: No I took the T
Jimmy: Here lets use this office right here
Eugene: Jimmy can I talk to you for a sec
Jimmy: Go ahead in Steve I’ll be right in
Eugene: What are you doing?
Jimmy: I’m going to talk to him
Eugene: We didn’t get permission from his father to talk to him
Jimmy: I won’t be revealing anything Henry said
Eugene: Jimmy you can’t reveal client privilege information there's no way
to talk to him
without raising the issue
Jimmy: I won’t say what his father told me
Eugene: How do you accuse him of the crime without revealing privilege?
You don’t
have any independent information other than what henry told you
Jimmy: Eugene if I get called before the bar, I get called before the bar
I really don’t care anymore
Eugene: I’m going in there with you
Jimmy: No you’re staying out here
Cut to Court room Bobby before the Judge
Bobby: The officer admitted he seemed suspicious, thought maybe he was
hiding something, so what did she do? She opened the trunk, and anyone
with a law degree knows she made a mistake. This was no inventory search,
she never said she was going to impound the vehicle. The police don’t just
seize vehicles when the drivers don’t have proof of registration, they
just call the plates in to check it takes 30 seconds. She never called a
tow truck, she said she was going to do that after, please we all know
what’s going on here, they’ve decided to call it an inventory search to
justify it. Nothing in the behavior of that police officer is consistent
with the police procedure on an inventory search.
Helen: Its all hinges with what Officer Henderson was thinking when she
opened the trunk. We have her word that it was an inventory versus Bobby
Donnell’s ability to read minds
Judge: Come on counsel how many officers are out there Taking cars because
the drivers cant find their registration?
Helen: Maybe she was a little over zealous she's 27 years old, young
police officers get that way sometimes. So what, she hadn’t taken him in
to custody, she hadn’t placed him under arrest, he wasn’t any kind of
suspect. By Officer Henderson’s own uncontreverted testimony it was an
inventory search and defense counsel is standing up here and asking you to
read minds, asking you to play guessing games, asking you to suppress the
contents of that trunk anybody with a law degree knows what happens if you
do, don’t we.
Cut to Jimmy talking to Steven
Steven: It’s a lie
Jimmy: Is it Steven? Your dad saw you going out the door. The reason he’s
staying quiet, he doesn’t want to see you go to prison. He loves you too
much for that. He’d rather spend that rest of his life in jail than to see
you get hurt. I don’t see you as some kind monster. A boy finds out his
dad has this sick sexual fetish its got to be devastating. Doing what he
was doing and when you went to the officer and saw the woman, I don’t, any
kid would probably go a little nuts in side and the court would understand
this Steven they would. However angry you might be at your dad your going
to be more angry at yourself one day if you let him go to prison forever,
the fact that he’s willing to do it shows how much you love him. I’ve
known you practically your whole life you’re a good kid, a great kid,
you’ll destroy yourself if you don’t correct what’s happened here.
Steven: (crying) He’s sick, he’s sick
Jimmy: I know he is and we got to get him some help but first we go to get
him outta jail will you help me do that?
Cut to Helen’s Office Helen is sitting at her desk and Ellenor is sitting
across from her
Helen: You and me roommates?
Ellenor: Lindsay said you needed one, I’m looking at the moment and I
thought maybe on a temporary basis we could
Helen: Ellenor, do you think you and I are compatible?
Ellenor: Well why wouldn’t we be?
Helen: Well um, don’t get me wrong, I like to have fun during off hours, I
love to but, I just have this vision of you doing drugs, of I guess I’m
just worried I have to have you arrested.
Ellenor: You think I do drugs?
Helen: No, I don’t but I have this notion of you travelling in underground
circles
Ellenor: Well Helen I wish I did but unfortunately I work all day and I
come home and I work all night and really I’m less fun than Lindsay
Helen: No one is less fun than Lindsay
(Lindsay enters)
Lindsay: I heard that
Helen: Think Ellenor and I are a good match?
Lindsay: Well
Helen: She dates men who cut off heads I have this tiny little neck
Ellenor: Ahh ok that’s really funny
Lindsay: See you already bickering roommates
(A young man comes to the door)
Man: Helen the judge is coming back
Cut to Courtroom
Judge: Miss. Gamble is correct in her assertion, we cannot know what was
in Officer
Henderson’s mind when she searched that trunk but, the court is certainly
entitled to exercise common sense together with a benefit of experience
when making it’s guess. She was suspicious of the driver, she admitted as
much as much, the search of the trunk in the courts opinion, was a result
of that suspicion and while granted that suspicion turned out to be
extremely well founded, it was never the less legally unreasonable. The
contents of the trunk are suppressed, the defendants ensuing confession is
therefore also suppressed as a fruit of a poisonous tree. Miss. Gamble I’m
as disappointed as you are, this is awful but we both know it’s not even a
close call. If you can get new evidence re-file so longs as its
independent, otherwise congratulations Mr. Stanton for now you get away
with murder, adjourned.
Pierce: I don’t believe it
Bobby: I would hope you get some counseling Pierce
Pierce: It doesn’t seem right I can just walk out totally free?
Lindsay: I wouldn’t book yourself on Larry King
Helen walks over to Officer Henderson
Helen: What are you waiting for? Somebody to say chin up don’t feel so
bad. You should feel bad you made a terrible mistake.
Henderson: If I hadn’t opened that trunk we may never have known a
murderer even happened
Helen: But because you did open up that trunk you pretty much guarantee
his getting away with it.
Henderson: You’ve never made a mistake Miss. Gamble?
Helen: No
Back to Lindsay and bobby talking
Lindsay: I’m going to go home and check on her a little, you know how she
is about loosing
Bobby: I should probably check up on Stanton, he hasn’t even begun to deal
with loosing his wife yet.
Lindsay: How are you?
Bobby: Me I’m ok why?
Lindsay: I don’t know what’s worse the fact that we freed another murderer
or the fact that it doesn’t really bother us anymore
Cut to D, Y, D &F
Jimmy: No what I don’t care if I broke lawyer client privilege I can live
with it.
Eugene: The issue isn’t whether you care
Jimmy: Ya it is Eugene, you guys are trying to make me feel bad I’m not
gonna feel bad, if I violated some precious lawyer rule though I wasn’t
about to let an innocent man…
Eugene: Privilege isn’t some precious lawyer rule!
Jimmy: Why do you have to lecture me I left you out of it!
Eugene: You didn’t leave me out of it you didn’t leave any of us out of
it! (Grabs Jimmy) Hey you did this to us Jimmy to us
Jimmy: Well I’m sorry
Cut to Lindsay and Helen’s
Helen: Well I lose my roommate. I lose my cases. I lose my cases to my
roommate.
Lindsay: Have you given any more thought to Ellenor?
Helen: Not really, were still going to see each other right?
Lindsay: Helen
Helen: Come on don’t Helen me. I like having you in the next room, even
gotten used to
Bobby being in it with you
Lindsay: We’re still going to se each other all the time
Helen: Ya, when you moving out?
Lindsay: End of the month I guess
Helen: I don’t want to loose you Lindsay
Lindsay: Oh your not going to lose me (they hug) promise
Cut to Bobby’s car Bobby is on his cell phone talking to Lucy
Bobby: Anything else?
Lucy: Now everything else can wait ‘till tomorrow
Bobby: Ok, I’m on my way to Pierce Stanton’s house just going to see how
he's doing
then I’ll probably head home
Lucy: Have a good night
Bobby puts his phone down and pulls up to Stanton’s house and sees him
leaving
Bobby: Where’s he going?
Cut to D, Y, D &F
Eugene: I’m not saying I don’t like her I’m just saying you and Helen as
roommates
Eleanor: What we get along great
Lucy: Oil and vinegar
(Phone rings)
Eleanor: I hear a phone ringing. It would just be nice to get out of that
rabbit worn that’s all I can say
Lucy: Hey Jimmy its Alison Olson
Jimmy picks up phone
Jimmy: Alison what’s up? Oh my god when? Oh god where are you now? I’ll be
right
there
Eugene: Jimmy what’s wrong? Jimmy? What’s happened?
Jimmy: Steven Olson he just hung himself in the garage
Eugene: He’s dead?
Jimmy: Ya
Cut to Bobby in his car watching Pierce Stanton go up to a house press the
buzzer and
Officer Henderson answers the door
Cut to Jimmy and Alison Olson watching a body bag on a stretcher being
wheeled away
Alison: I know he was upset by all this but I never, never…
Jimmy: Alison, Steven killed the woman
Alison: What?
Jimmy: Your husband was taking the fall for him I confronted Steven about
it this afternoon
Cut to Bobby in his car on his cell phone the other end is ringing
Bobby: Come on, Come on
Lindsay answering machine: Hi this is Lindsay I’m not home right now but
if you leave a message I’ll call you back thanks
Bobby: Lindsay, call me as soon as you get this. I just saw our little
friend Pierce Stanton going in to Officer Henderson’s I think they pulled
off the perfect crime
Cut to Jimmy talking to Henry in a jail visiting room
Henry: You killed my son
Jimmy: Henry
Henry: You killed my son
Jimmy: I didn’t kill him he took his life out of guilt
Henry: Because you went to him after I told you not to go to him
Jimmy: I know and I’m sorry all that’s left for me to do now is get you
out. I’m going to tell the DA everything that’s happened and hopefully we
can get you out
Henry: (crying) How could you, how could you. I told you…
Cut to Helen and Lindsay’s Helen is brushing her teeth and she walks into
Lindsay’s
room and press the button on her answering machine
From machine: You have one new message
Bobby: Lindsay, call me as soon as you get this. I just saw our little
friend Pierce Stanton going in to Officer Henderson’s I think they pulled
off the perfect crime
Cut to mike, Helen and a group of police officers going up to Officer
Henderson’s home
Mike presses the buzzer and Henderson comes to the door
Mike: this a warrant to search you house
Henderson: What?
Mike: Cynthia Henderson you’re under arrest for the murder of Elizabeth
Stanton. You have the right to remain silent, you have the right to an
attorney if you cannot afford an attorney one will be appointed to you
Cut to Bobby’s apartment Bobby and Lindsay are in bed and the phone rings
Bobby picks up
Bobby: Hello? What? I’ll be right there
Lindsay rolls over sleepily
Lindsay: What?
Bobby: The police somehow figured it out they just arrested both of ‘em
Cut to Richard Bay’s Office Jimmy is there
Bay: Did he leave any kind of note?
Jimmy: No
Bay: Well did he admit to anyone that he killed the woman?
Jimmy: No but he didn’t exactly deny in though either when I confronted
him
Bay: What are you asking me for?
Jimmy: henry didn’t do it. I’m asking you to release him
Bay: You’re not serious?
Jimmy: Of course I’m serious the guy didn’t commit the crime
Bay: You think I’m going to ask a Judge to release a convicted murderer on
the grounds that his defense attorney says he’s innocent?!
Jimmy: I expect you to because he is innocent!
Bay: For all I know the kid hung himself because his fathers a killer!
Jimmy: That’s not the case!
Bay: Well give me evidence your word of honor doesn’t but a cup of coffee
Jimmy: Richard I’m telling you the truth here
Bay: Look even if I did believe you and lets say I do, ok I’m inclined to
I don’t trust your partners so much but you strike me as honest. I don’t
have any way of knowing that your right and again even if I thought you
were right you think I have any basis to try and throw out a conviction?
Even If went to the Judge he’d thrown me out on my ass after which my boss
would throw me out on the street. There is nothing I can do here.
Jimmy: An innocent man is going to spend the rest of his life in prison
for a crime he didn’t commit
Bay: Wouldn’t be the first time that happened. I’d tell your client to
think twice before hiding the truth from his attorney
Cut to courtroom a guard is brining in Pierce Stanton and Officer
Henderson
Background: case #32345 and 32346 commonwealth versus Pierce Stanton and
Cynthia
Henderson murder in the 1st degree, conspiracy to commit murder
Bobby: Bobby Donnell for Pierce Stanton Your Honor
Marshall: Marshall Sholtz for Cynthia Henderson
Bobby: Your Honor this seems like harassment. The police are frustrated
after loosing Mr. Stanton so they hatch a conspiracy theory between Mr.
Stanton and the Officer who searched the trunk without any new evidence
what so ever, as far as I can tell on the incident report.
Judge: I have to admit Miss. Gamble I’m a little curious
Helen: WE have new evidence Your Honor I have an audiotape I’m happy to
play for the court
Judge: Let’s hear it
Helen turns on tape
Bobby on tape: Lindsay, call me as soon as you get this. I just saw our
little friend Pierce Stanton going in to Officer Henderson’s I think they
pulled off the perfect crime
Helen: That was attorney Robert Donnell talking to attorney Lindsay Dole.
We then went to Miss. Henderson’s home and found Miss. Henderson and MR.
Stanton together
Bobby: First of all that tape was a private message from me to Miss. Dole
Helen: Mr. Donnell is not the defendant ha has no standing to assert 4th
amendment arguments
Bobby: Second, its work product lawyer to lawyer
Helen: This isn’t work product it doesn’t involve strategy
Judge: How did you get this tape?
Helen: Lindsay Dole’s my roommate Your Honor I pulled it off her answering
machine
Lindsay: Which is an invasion of privacy
Helen: Your not on trial here they are and they can’t argue an invasion of
your privacy as a defense
Bobby: I still maintain its work product
Helen: The case was over doesn’t apply
Judge: Quiet, am I to understand that these two orchestrated that
unconstitutional search of the trunk?
Helen: Yes your Honor their lovers he kills the wife, she is a police
officer illegally searches the trunk, the body and the confession are
thrown and of course it would be nearly impossible for the police to build
a case independent of search and confession. End result they get away with
murder
Judge: Aren’t we cleaver
Bobby: Your Honor that phone message should not be allowed in!
Judge: Mr. Donnell I had no choice but to set your client free the last
time but here I am very much in charge. As Miss. Gamble pointed outyour
client has no standing to assert your privacy rights nor do I find your
little phone message to fall within work product. The charges stand they
will be held without bail and that is that.
Cut to Helen, Lindsay and Bobby bursting into Helen’s office
Helen: I don't want you hear it get out of my office
Lindsay: Were not getting out until you look me in the eye...
Helen: I am looking you in the eye. I wasn’t about to let those two
murderers go free. I dint think it was going to jeopardize our friendship
I thought out friendship was stronger than that.
Bobby: It was a private message
Helen: And if the stakes weren’t so high
Lindsay: Come on Helen you of all people
Helen: You of all people what> Was it a violation of trust? Maybe it was
again in the scheme of things… and you, you traded on inside information
with me last year too much more tragic results. I can’t believe you can be
standing here complaining at all. Did you think I was going to sit on that
information because you’re my friends?
Cut to D, Y, D &F
Eugene: Come on I’ll but you a beer
Jimmy: I got a little more work to do
Eugene: There nothing else you can do jimmy
Jimmy: No I’ve done enough already. I should have listened to you, maybe
that kid
Eugene: that kid wasn’t going to survive staying quiet we both know that
he was a murderer lets not forget it
Kittleson enters
Eugene: I’m going to head home need me call ok
Jimmy: Ok
Kittleson: It’s so easy to play if I’d just done that, if had only said
this, you’ll lose that game jimmy. I put killers back on the street only
to see them kill again. You can only be true to yourself and trust that
Jimmy: No, you can only be true to the rules. You put killers back on the
street because the rules of law told you to. The rules here they said
honor privilege. I broke the rules and now a kid is dead and my client… I
don’t have any system to cling to
Kittleson: You saw a terrible situation and tried to improve it, cling to
that
Cut to Bobby’s apartment Bobby and Lindsay are in bed Bobby is working
Lindsay is
reading a book
Lindsay: What if we get sued for malpractice? You thin about that?
Bobby: by a murderer? Yes I’m sure the Jury will award huge damages
Lindsay: Maybe we can suppress the tape as hearsay
Bobby: Doubt it, declaration against maybe even res gestae it’ll get in
Lindsay: What were you thinking anyway?
Bobby: Lindsay
Lindsay: Don’t Lindsay me
Bobby: What are you going to attack me now?
Lindsay: Yes because it was a stupid thing to do
Bobby: I’m not even listening
Lindsay: You know Helen retrieves my messages for me ever since I’ve been
staying here, I call her to get them since I cant call it myself… Oh my
god. You know Helen
retrieves my messages for me, hat phone call was for Helen
Bobby: You don’t know what you’re talking about
Lindsay: Bobby Donnell
Bobby: Lindsay just read your book
Credits
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