|
|
|
|
| "Closet Justice" - Transcript Done by Ryana |
|
Closet Justice
Written by: David E. Kelley
Directed by: Alex Graves
-------------------- 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 is not a novelisation or a script. It is a straightforward and dry
transcript of the episode 'Closet Justice'. It also includes descriptions
of the settings and camera movements where I felt they were needed. I am
not making any money or any other benefit off this, it is purely for fun.
I made every effort to accurately transcribe the dialogue from this
episode. If you notice anything that has been transcribed incorrectly,
please email me, and I will post an update.
This transcript was written by Ryana.
-------------------- Prologue --------------------
News report. The reporter is standing outside a building, from which is
being wheeled a stretcher. There are police cars and police tape
surrounding the building.
Lillian Curry (newsreader): ... As well as profound grief, Sister Caroline
Oaks was a beloved, beloved, member of the church. Preliminary reports say
she was stabbed more than thirty times...
Camera pulls back to show Helen and Lindsay’s apartment. Helen is watching
the news while putting on her shoes.
Helen: (over her shoulder to Lindsay) Oh, can you believe this? Just what
I need.
Lindsay: Helen, it’s a compliment. High profile case, you get the
assignment, that’s -
Helen: Too high profile! I don’t need that kind of pressure. It makes my
face break out.
Lillian Curry: The police were actually responding to a call from another
kidnap victim, Cynthia Simonson, when they found the nun’s body in a
closet...
Lindsay: (looking over Helen’s shoulder) The arraignment’s when?
Helen: Nine o’clock.
Lindsay: Maybe I’ll stop by on my way and watch.
Helen: Why?
Lindsay: Cause it’s high profile and I wanna be there for your first
pimple. (she smiles teasingly)
Helen: Haha. Funny.
Lindsay: This is big stuff, Helen. They must consider you their go to DA.
It’s a compliment.
Helen: Yeah, yeah.
Camera shows the news again, a close-up of the nun’s body (covered in a
sheet) being put into an ambulance and then back to Helen’s worried face.
-------------------- Opening Credits --------------------
The courtroom, at the arraignment. The doors open and the bailiff escorts
Michael Kingston into the room. There are boo’s and yells from the
gallery.
Clerk: Case number 32654. Commonwealth versus Michael Kingston, murder in
the first degree.
More yelling comes from the gallery. We see Lindsay leaning at the back.
Judge Hiller: Quiet down. (bangs gavel) I said, quiet! (the gallery
quiets) Any body who disrupts this room will be removed, possibly to a
jail cell. I don’t think you want to test me.
The defence counsel stands.
Mapp: Joseph Mapp for the defendant, your honour, we’ll waive reading.
Helen: Helen Gamble for the Commonwealth. We’d obviously oppose bail.
Judge Hiller: Okay, let’s conference, we can set the trial date then. (she
pauses and looks out at the gallery. She leans forward) Counsel, I have
great respect for the public defenders (Mapp nods) as well as your work in
particular, but, given the magnitude of scrutiny this case is likely to
generate, together with the limits on your office’s resources... (raising
her voice) Ms Dole, would you step up here, please?
Lindsay looks startled. Helen, Mapp and Kingston turn to look at her.
Judge Hiller: Ms Dole, did you hear me? Would you please come forward?
Lindsay: (making her was through the crowd) I hope you’re not thinking of
-
Judge Hiller: You win. Congratulations.
Lindsay: Your honour -
Judge Hiller: Get together with the DA. Let’s conference as soon as
possible.
Lindsay: Your honour, I regretfully have to decline. My schedule -
Judge Hiller: Counsel, this wasn’t a request. It’s your case. Next.
Clerk: Case number 32655. People versus Nathan.
Helen and Lindsay just look at each other as Kingston is escorted back out
the room.
Courthouse hall, in front of the elevators. Lindsay is pacing. The
elevator doors open and Bobby walks out.
Lindsay: Can she really make me do this? She can’t make me. Can she make
me?
Bobby: Where is she?
Lindsay: Chambers.
Bobby: C’mon.
Judge Hiller’s chambers.
Judge Hiller: Oh, come on. You love these cases. Granted, it doesn’t
involve a chopped off head, but still...
Bobby: We don’t want this one.
Judge Hiller: Why?
Bobby: You know why.
Judge Hiller: Well, then humour me.
Bobby: The victim is a nun. Stabbed thirty times. This kind of crime...
The stigma will run to the lawyers defending the psycho who -
Judge Hiller: Again, I keep going back to the client who cut off the girls
head. You defended him -
Bobby: He was innocent!
Judge Hiller: To the public he wasn’t! So, you face the same stigma there,
Bobby.
Bobby: Which is why we don’t need to be lawyers on this one.
Lindsay: Plus, the District Attorney is my roommate. That’s grounds for
disqualification right there.
Judge Hiller: Not if the judge is convinced you’ll rise above the
potential conflict, which I am. (Lindsay sighs)
Bobby: Helen Gamble is also an ex-girlfriend of mine -
Judge Hiller: You’ve tried cases against her before...
Bobby: Your honour...
Judge Hiller: Bobby, if I were to recuse you every time you slept with the
other side -
Lindsay: Hey. (she glances sideways at Bobby, who glances back at her)
Judge Hiller: There’s already a lynch mob mentality out there, you can see
that. I need to ensure he gets a legitimate and zealous defence. You
people fight for murderers better than anybody.
Bobby: You can’t force us to take this case.
Judge Hiller: Of course I can. It’s exactly what I’m doing. (Pointing to
the door) Go defend him!
Bobby and Lindsay look at each other and leave the room.
Another part of the courtroom.
Jimmy: I got him down to straight probation. I think we should jump.
Burrows: But, Jimmy, if I take any guilty finding, I lose my job. I’ve got
a morals clause which says any criminal conviction.
Jimmy: Maybe we could talk to your boss.
Burrows: He can’t waive it, no. There’s a precedent. This is a company
with thirty-two thousand employees. This isn’t fair, this isn’t fair!
Rebecca: Mr Burrows, it’s not like you didn’t commit the crime. You
offered the woman money.
Burrows: But I never would have. I am sitting in a bar, I am minding my
own business and she came up to me.
Jimmy: We’re gonna go with entrapment.
Burrows: Is there any chance we could win?
Jimmy: Yes.
Rebecca: But not a good one.
Burrows: Well, the way I see it, I’ve got nothing to lose.
Rebecca: Yes, there is. You get convicted at trial, you could do time.
Burrows: Miss Washington, it isn’t exactly like my life has a lot of
dimension. I have a job, which I’ve put in sixteen years at. I’ve been a
complete company man, and they say I can stay on, but not if I have a
guilty finding. I wanna roll the dice, Jimmy.
Jimmy looks at Rebecca, then nods at Burrows.
The conference room.
Ellenor: This is bad.
Bobby: What can I tell you?
Ellenor: First of all, if this thing goes to trial we lose a fortune. The
court order fees are minimal.
Bobby: I don’t care about the money.
Eugene: Then what’s the panic, then? We’ve done nasty cases before.
Bobby: This was a nun, Eugene, stabbed repeatedly.
Eugene: I understand, but we’ve defended child killers. Are you upset on
religious grounds?
Lindsay: Have you been watching the news?
Ellenor: Look, we could bring a motion before a different judge, try to
get out of it -
Bobby: Arguing what?
Ellenor: Hardship. That we’re too overloaded to take -
Bobby: (sternly) That won’t fly. Look... (sighs and composes himself)
Look, we’ve been assigned the case, so we do the job. Lindsay, meet with
the client.
Lindsay: (sarcastically) Oh great.
Bobby: Ellenor, I want you to draft up a motion for a gag order. No doubt
Helen will be trying this case in the media every chance she gets. You and
Lindsay will try it, if it gets that far, we’re better off with women.
Lindsay: (raising her hand) I’m moving out of criminal, remember?
Bobby: Never mind. Eugene, I’d like you to do a memorandum on changing
venue. We need to try and move this thing out of Boston.
Ellenor: How about LA?
Lucy walks in with a note for Bobby.
Bobby: (taking it) Lucy, good. All calls from the media, we have no
comment.
Lucy: (quietly) Okay. (she walks out)
Ellenor: Wait. You’re putting her in charge of ‘no comment’?
Lucy: I heard that.
Ellenor: Oh, you heard that? Such radar.
Bobby: All right, all right. Let’s get to work.
They all move off.
Judge Kittleson’s chambers.
Jimmy: (pacing) It isn’t fair. The guy is like this sad sac. It was
entrapment.
Judge Kittleson: What do you want from me, Jimmy?
Jimmy: You know I would never ask a favour in a million years that I
thought was, you know, unethical -
Judge Kittleson: I don’t know that, actually, but go ahead.
Jimmy: The guy is getting a bum shake. He’s worked hard in his job and
he’s about to lose it because some undercover cop got him aroused and...
it’s vintage entrapment.
Judge Kittleson: So, make the argument.
Jimmy: I’d like to make it to you. Judge Cohen’s going on vacation. This
thing will get transferred to one of six divisions, including yours. I
know Mark Patsos, the clerk. I’d like him to steer it your way.
Judge Kittleson: That wouldn’t be a good idea. I wouldn’t kick it. From
where I stand your client committed the crime, and second, I don’t
appreciate your even asking what you’re asking. It amounts to an exparte
communication, it’s wrong and you know it!
Jimmy: I gotta good guy here -
Judge Kittleson: I don’t care.
Jimmy: Fine, forget it. Fine.
Judge Kittleson: You’re angry now.
Jimmy: (getting up) Just forget it. I gotta go -
Judge Kittleson: Hey, Jimmy, I understand you wanna help your friend, but
you have to understand that once I put on that robe, I don’t play
favourites for anybody. (pause)
Jimmy: Yeah, yeah. I thought I’d just take a shot.
Judge Kittleson: Oh, I do like that. You do take your shots. (she hugs him
and whispers in his ear) Say, why don’t you come back in a couple of
hours? When the robe is off? (she smiles suggestively)
We see an exterior, aerial shot of the prison, then inside to Lindsay
making her was to see Kingston. She reaches the visiting room, sits and
they both pick up the phones.
Lindsay: Hello, I’m Lindsay Dole.
Kingston: I know. I was there at the arraignment, remember?
Lindsay: Yes, okay. First of all, attorney client privilege, anything you
say obviously goes no further so...
Kingston: Yes, but you don’t want me to be too truthful in case I wanna
testify. We have to preserve you from lawyer ethic problems.
Lindsay: (pauses) All right... (exhales) Any thoughts on how a sliced up
nun got in your apartment?
Kingston: I haven’t a clue. How’s that?
Lindsay: (ignores that) This woman, Cynthia Simonson, who called the
police. Was she being held captive?
Kingston: Shouldn’t you get to know a bit about me, first? I mean, I’m
sure a nice person such as yourself has conflicts defending something so
vile as me.
Lindsay: I kind of stay emotionally neutral in my cases. So, let’s just
stick with the facts of the case. Let’s start with the underlying kidnap
charge on the girl -
Kingston: (laughing) I didn’t kidnap her. She came back to my apartment
willingly. She just found herself locked in. And that would be false
imprisonment, by the way, that’s a distinction from kidnapping. This isn’t
your first case, is it?
Lindsay: (giving him a look) No, it isn’t.
Kingston: Cause you got a little virgin thing going on. Well, not that I
don’t like it...
Lindsay looks uncomfortable.
Lindsay: Look. Mr Kingston, you’re in jail right now either because you
killed somebody, or somebody else played you for the perfect dupe. Either
way, I consider you pretty stupid. And if you think you’re going to
intimidate me somehow, well, you can just forget that because I really
don’t have the time. I’m representing you because a judge ordered me too.
And I will defend you as best I can, but don’t mistake my efforts for
caring. You disgust me.
A church. The bells are tolling.
Sister #1: The reason he even knew her is because she reached out to help
him.
Helen: How so?
Sister #2: He would show up at the church sometimes, angry, despondent.
One time, Caroline approached him. That was the thing about Caroline. She
was there for everybody.
Sister #1: Being there for him got her killed.
Helen: Three nights ago, she went to see him?
Sister #2: Yes. She got a call from him. And he asked if she could come
visit him at his apartment. She knew nothing about his criminal record...
(she trails off) We told the police all this.
Helen: I understand, but his lawyers are good and they may take this to
trial. I just don’t want to be surprised by anything. For example, they
might even claim that Mr Kingston and Sister Caroline were having a
physical relationship.
Sister #2: What??
Helen: Their job is to get him off. They’re not beneath arguing anything.
Sister #2: Caroline wasn’t having any physical relationship. If that’s
going to be their legal strategy, good luck to them. They got the wrong
nun. She went there to help a man she thought was in need.
Sister #1: Miss Gamble, you are going to put this man in jail, aren’t you?
Helen: Yes. I’m definitely gonna do that.
-------------------- Commercial --------------------
The prison.
Lindsay: This woman, Cynthia Simonson, you say you didn’t kidnap her.
Kingston: I met her in a bar in Kenmore (sp?) Square. She left with me.
Happily. She was at the bar with friends, ask them.
Lindsay: And you came back to your apartment.
Kingston: To play Scrabble.
Lindsay: We’re back to being cute now?
Kingston: She left with me to spend the night together. Which we did.
Lindsay: Then why’d you keep her locked up inside?
Kingston: I didn’t. I went out to get coffee in the morning and I have a
barred door and padlock. It’s the only way it locks.
Lindsay: And the reason you have a barred door?
Kingston: Safety. I don’t wanna get ripped off. Plus which, I had a nun in
my closet and I didn’t want people popping in.
Outside the prison. Police are escorting Lindsay through a loud, angry mob
of protesters.
Policeman #1: C’mon (They huddle around Lindsay, pushing back the crowd as
they go)
Policeman #2: You got your car here?
Lindsay: I walked.
Policeman #2: Well, you won’t be walking back. We’ll get you to a cab.
Policeman #3: You know where the back entrance is?
Lindsay: Yeah (she’s suddenly hit by two eggs)
Policeman #2: Hey! Back off!
Policeman #3: Well, use it next time.
The office. Lindsay is at her desk, Lucy is trying to remove the egg
shells from her hair.
Lindsay: Why me? Why always me??
Bobby: Well, it won’t be you from here on end. I’ll be with you every
step. What about the supposed kidnapping of the college girl?
Lindsay: He said she went back to his place voluntarily.
Ellenor: What difference does it make? He carved up a nun.
Bobby: It may raise fourth amendment issues. Do we have an address on her?
Lindsay: Yeah, it’s in my coat pocket. Probably soaked in yolk.
Bobby: Ellenor, try to talk to this girl. Eugene, I guess we should try to
contact Dr Crane in case we want to go with insanity.
Eugene: Dr Crane charges five grand. This is court appointed. The state
will never authorise that kind -
Bobby: Just give him a call in case we decide to go that route. Given what
he did, there’s gotta be a chance he’s insane.
Eugene: So, we’re going to the max for this psycho.
Bobby: Do we have a choice?
They all look glum.
A courtroom.
Undercover Police Officer: We had a few drinks, talked.
Tisbury (defence counsel): And, at some point, officer, you told him you
were a prostitute.
Police Officer: I said I was a lady of the evening, yes.
Tisbury: And how did Mr Burrows respond?
Police Officer: He was surprised at first. Maybe shocked.
Tisbury: What happened next?
Police Officer: We kept talking. I eventually asked him if he’d like to go
upstairs to his hotel room. He said yes.
Tisbury: Did you ever quote him a price?
Police Officer: Four hundred dollars.
Tisbury: And then?
Police Officer: We went upstairs, he paid me the money, at which point I
told him I was an undercover police officer. I placed him under arrest,
read him his rights and took him into custody.
Tisbury nods at the judge and returns to his seat. Jimmy stands.
Jimmy: Why were you working this bar undercover?
Police Officer: Mainly because high price call work it. It was a problem.
Jimmy: And this is an upscale, hotel bar, right, officer?
Police Officer: Yes.
Jimmy: Lot of out of town business people frequent it, including many
law-abiding people, right?
Police Officer: Yes.
Jimmy: In fact, mostly law-abiding, wouldn’t you say?
Police Officer: Probably.
Jimmy: And you weren’t out to sting my client specifically, were you?
Police Officer: No.
Jimmy: In fact, you didn’t even know who he was, when you sat down.
Police Officer: No, I didn’t.
Jimmy: And when you first sat down next to him, you told him you were an
executive secretary, isn’t that right?
Police Officer: Yes.
Jimmy: How long were the two of you talking before you said you were a
prostitute?
Police Officer: Maybe an hour or so?
Jimmy: An hour or so. So, for a while, he could’ve thought ‘hey, this
woman thinks I’m attractive’. Is that possible?
Police Officer: I guess.
Jimmy: You guess. Well, in fact, that was the idea, wasn’t it?
Police Officer: I suppose it was.
Jimmy: So, before you told him that you worked for hire, do you think it
was possible that he was already hoping, maybe, something could happen
upstairs in his hotel room?
Police Officer: I don’t know what he was thinking.
Jimmy: Did you feel, sitting there, he was physically attracted to you?
Police Officer: Yes, I did.
Jimmy: Your honour, I’d like to see her as she was that night.
Tisbury: Objection. There’s no point -
Jimmy: It certainly goes to our entrapment defence.
Judge: I agree. The court will be adjourned for one hour. The witness will
return in the same attire she wore that evening.
Helen’s office.
Bobby: Life with parole, we both save ourselves a lot of aggravation.
Helen: Are you out of your mind?
Bobby: He could’ve been out of his, Helen, in which case -
Helen: There’s no way I’m making any deal which allows this guy to see the
street again.
Bobby: I understand the public outcry, but -
Helen: It has nothing to do with public outcry - (pause as she composes
herself, and pulls out pictures of the crime scene. She shows them to
Bobby) Look at what he did. (another pause as Bobby looks at the pictures)
You want him free one day?
Bobby: (looks at her) No. But if you don’t offer us something, we have no
choice but to go to trial. We’ll agree to life.
Helen: I can’t agree to parole. Come on. Did you really expect me to?
Bobby: I don’t feel like devoting six months of my life to this guy.
Helen: Judge Hiller did that to you. Not me.
A courtroom. The police officer is now dressed in a tight black evening
dress and is modelling it for the jury.
Jimmy: Could you stand facing the front? (she turns around) Okay. Now
facing me. (she turns again) Could you just walk over to the foreman, hold
his hand?
Tisbury: Objection.
Jimmy: A woman like this touches you... It has an effect, your honour.
Judge: Go ahead.
She walks over to the foreman, who looks rather uncomfortable, and takes
his hand. The rest of the jury watch.
Jimmy: Now, smile at him like you did my client.
She smiles. The foreman smiles back rather bashfully, then looks down.
Tisbury: Objection. (stands) Objection!
The conference room.
Lindsay: I really appreciate you coming in.
Cynthia Simonson: Well, you shouldn’t thank me too fast. I have absolutely
no intention of helping you.
Ellenor: Believe me, we completely understand. We, ah, we just have a few
questions. The police say you were locked inside Mr Kingston’s home.
Cynthia: Yeah, it was like one of those barricaded doors.
Ellenor: And you went there willingly, correct?
Cynthia: Yeah, I spent the night (there’s a pause)
Lindsay: At what point did you decide that you were kidnapped?
Cynthia: When I woke up. He was gone, and uh, I couldn’t get out, the door
was padlocked. I called the police. I was panicked.
Lindsay: And when they got there, you told them that there were guns in
the closet?
Cynthia: I told them that was what he told me. (there’s a pause as Ellenor
and Lindsay consider this.)
Lindsay: And that’s when they opened it up?
Cynthia: Yeah. It’s the last thing I remembered before passing out. When
they opened the door on her... I spent the night with him. I could’ve been
next.
Ellenor and Lindsay look at each other.
Bobby’s office.
Lindsay: Good news, or bad, depending on how you look at it.
Bobby: What?
Lindsay: We got a shot at getting this case kicked.
Bobby: Excuse me?
Ellenor: Fourth amendment. Could be a bogus search.
Bobby: (shocked) How do you figure? They moved in on a kidnapping.
Lindsay: There was no kidnap here, Bobby. He was coming back to the place
with donuts.
Bobby: The police didn’t know that.
Ellenor: Bobby, there was nothing exigent.
Lindsay: The arresting officer’s taking the stand tomorrow at the PC
hearing. And if he says what I think he’s gonna say, out little nun killer
could walk.
Bobby: Lindsay, there was a woman locked up inside his apartment and a
chopped up nun.
Lindsay: And I’m telling you we might be able to suppress the chopped up
nun.
Bobby: (slowly) I don’t really want to.
Lindsay: You think I do?
Bobby doesn’t answer. They all look uncomfortable.
-------------------- Commercial --------------------
Helen and Lindsay’s apartment.
Helen: You're kind of quiet this morning.
Lindsay: Well, you try taking the side of evil.
Helen: Yeah, well, I’d say let’s head in together but my hair doesn’t like
egg shampoo.
Lindsay: Well, you know, we’re supposed to be on different sides. It
wouldn’t look so good if we marched in together, would it?
Helen: No. See you there?
Lindsay: (nodding) See you there.
In the elevator at the courthouse.
Lindsay: She has no idea she’s about to be ambushed. I feel like a snake.
Ellenor: Lindsay, it would’ve been unethical of you to give her the idea.
The doors open on a hall packed with media and security.
Security guard: Come on!
Bobby, Lindsay and Ellenor look stunned, the crowd gets louder.
Bobby: Won’t you clear them out?
Security guard: Open to the public.
Bobby: This is incitement!
Security guard: Let’s all keep moving, please.
A courtroom.
Burrows: I paid the woman the money, I don’t deny that.
Rebecca: But?
Burrows: But I didn’t go into the bar looking for a call girl. I sat down
at the bar. I ordered a night-cap then she sat down.
Rebecca: Okay. But, Mr Burrows, she didn’t force you to hire her services.
Burrows: We were talking. Getting along. You know, I should’ve known
something was up. Pretty women never come up to me. Things were getting
flirtatious, and I started thinking ‘hotel bar, I’m on the road, she says
she’s on the road’ and my mind is going right to where a man’s mind goes
to in these situations.
Rebecca: Which is where?
Burrows: My penis. (the gallery laughs delicately)
Judge: (warningly) Mr Burrows.
Burrows: I’m just being honest. I haven’t slept with a woman in four
years. I don’t even go looking for it, I’m a realist. But now, suddenly
I’m thinking this is a possibility.
Rebecca: And then?
Burrows: Then she tells me she’s a lady of the evening.
Rebecca: And how did you respond?
Burrows: I was crushed. One minute I was thinking this beautiful woman was
actually attracted to me, and then the next I come crashing back down to
earth. But as we continued talking, I begin to realise why she’s sitting
there, smiling at me, and it occurs to me that this possibility that I’d
been so excited about still exists! And all of the little dreams I’d been
dreaming... Well, suddenly four hundred dollars seemed cheap and I said
yes. She got me as thirsty as she could, she led me to a trough and then I
get arrested because I wanted to drink.
Another courtroom. The gallery is full, the front row is half filled with
nuns.
Arresting Officer (on the stand): We were responding to a 911. When we got
there, we found the girl behind the padlocked steel door.
Helen: Then what happened?
Arresting Officer: We cut through the door, freed the woman. She told us
the suspect had guns or something in the closet. We opened the closet
door, and found the remains of the nun.
Ellenor: After you cut through the front door, to reach Ms Simonson, there
was no real emergency, was there, officer?
Arresting Officer: I suppose not.
Ellenor: And did you feel Ms Simonson had the authority to give you
permission to open the closet?
Arresting Officer: Well -
Ellenor: You knew it wasn’t her home, right? (he doesn’t answer) And, by
the way, how did you open the closet?
Arresting Officer: Crowbar.
Ellenor: Your honour, at this time, the defence asks that you suppress the
entire contents of that closet.
Everyone except for Bobby, Ellenor, Lindsay and Kingston look shocked. The
gallery begin mumbling. Lindsay looks slightly ashamed.
Judge Hiller: Quiet down! (bangs gavel) I’ll see counsel in chambers.
Judge Hiller’s chambers.
Ellenor: It’s a no-brainer. No exigency, no plain sight.
Helen: The police were responding to what they thought was a kidnapping.
Lindsay: But after they went in, they had the girl.
Helen: And if there’s cause for an arrest there’s cause for a search
incident to an arrest.
Bobby: Did you just make that up?
Helen: Hold on -
Bobby: They could’ve secured the premises, got the warrant. They could’ve
come back and searched. Instead, they just skipped the warrant.
Helen: If there was one kidnap there could’ve been two. Somebody clearly
could’ve been in that closet.
Bobby: (at the same time as Ellenor and Lindsay) Oh, Helen, don’t insult
the -
Lindsay and Ellenor: On, come on. (Ellenor rolls her eyes)
Judge Hiller: All right, let’s just cut through this. I’m told you’d
agreed to life with parole. Let’s just do that.
Bobby: That offer isn’t on the table anymore.
Judge Hiller: Bobby, I suggest you take it.
Bobby: Why?
Judge Hiller: Because, that officer could have reasonably believed there
were exigent circumstances.
Bobby: What?
Judge Hiller: He’s a young kid. He comes up on a kidnap -
Bobby: Hold on a second -
Judge Hiller: (sternly) Lower your voice, please.
Bobby: You stuck us on this case to do a job.
Judge Hiller: Which I’m grateful for -
Bobby: And you gotta do yours.
Judge Hiller: (pointing at him) Don’t you raise your voice.
Bobby: You’re looking to avoid setting this guy free, I get it. But the
search was bad.
Judge Hiller: I said, lower your voice.
Bobby: There were no exigent circumstances. The suspect wasn’t even there.
They knew the girl had no authority to say yes to the search. They had to
get a warrant. They didn’t. They screwed up. And everybody in this room
knows they screwed up.
Helen: And if you suppress the contents of that closet this guy walks. We
all know that too. The victim and the weapon were inside.
Judge Hiller: I’ll hear oral arguments tomorrow.
Bobby: Why?
Judge Hiller: Because I want to! It’s my prerogative. You keep forgetting.
I’m the judge!
Bobby: Let’s not you forget.
Judge Hiller: Oral arguments at ten o’clock tomorrow.
They all turn and begin to walk out.
Judge Hiller: I’ll see Miss Gamble alone.
They all stop and turn back.
Bobby, Lindsay and Ellenor: Why?
Judge Hiller: Hey! Out! (They reluctantly leave) You better give me
something, Helen. I don’t want to set him free anymore than you want me
to. But you better give me something because... (pause)
Helen: Your honour -
Judge Hiller: Go get something. You haven’t got much time.
-------------------- Commercial --------------------
A courtroom.
Tisbury: You thought this woman was a prostitute. You agreed to pay her
four hundred dollars for sex.
Burrows: She had me in an aroused state.
Tisbury: Is that your defence? You were in an aroused state?
Burrows: My defence is entrapment. And this crime never would have
happened if she hadn’t come along.
Tisbury: And you agreed to pay her four hundred dollars for sex?
Burrows: Yes, Mr Tisbury. They got me, good for them!
Jimmy: (standing) Your honour -
Burrows: No, no, Jimmy. Don’t tell me to calm down. (Jimmy sits, Rebecca
looks worried) Now, I’m angry. Now, listen. I pay my taxes and this is
what I get? The government is waving illegal candy bars in my face HOPING
that I will bite -
Tisbury: And you did bite, didn’t you, sir?
Burrows: Which brings me back to CONGRATULATIONS!!! Listen, you know,
maybe you should litter the streets with twenty dollar bills next and bust
the homeless for when they don’t turn them in.
The hallway. Jimmy and Rebecca are walking angrily to the elevator.
Burrows is trailing after them. The elevator doors close.
Jimmy: What the hell was that?
Burrows: I’m angry.
Rebecca: Our chances ride on sympathy and you just blew it!
Burrows: I don’t care! When I think about what they did -
Rebecca: No, you did it! They maybe brought you to the trough, but you did
drink, Clyde.
Burrows: I wanted to drink! I wanted to bite! But I didn’t!
Rebecca: Cause you got arrested before you could!
Jimmy: All right. Clyde, if we can still settle -
Burrows: No!(he hits the stop button) You know something, Jimmy? I’m a
weak person. I know that. But I never broke a damn law in my life.
Rebecca: (muttering) Well, you broke this one.
Burrows: They caused me to and it just isn’t fair!
Rebecca hits the start button. She and Jimmy look at each other, and
Rebecca shakes her head.
Helen’s office. She’s ordering out her helpers.
Helen: Anything and everything on search and seizure. Get on west law,
check the Virginia case that threw out Miranda. Forget lunch, forget
dinner. I need those citations by seven o’clock. Go go go!!! (they leave)
Mark (Helen’s boss?) comes in.
Mark: Don’t tell me.
Helen: The officers screwed up, Mark! Now, I’m screwed going in there.
Mark: Helen, if he walks, this -
Helen: He’s going to walk, Mark, unless... (she sighs) Between now and ten
o’clock tomorrow morning, I have to find something.
Judge Kittleson’s chambers. Judge Hiller walks in.
Judge Hiller: How up to date are you on the fourth amendment?
Judge Kittleson: The fourth amendment is an embarrassment. What else do
you need to know? (Judge Hiller doesn’t answer) What’s wrong?
Judge Hiller: I may have to set the nun killer free.
Judge Kittleson: (shocked) What?
Judge Hiller: Warrantless search. Stupid police mistake.
Judge Kittleson: Oh, god.
Judge Hiller: Maybe I should just look the other way. Let the appeals
court do the dirty work.
Judge Kittleson: That isn’t you, Zoey, we both know that.
Judge Hiller: Suppose I transfer it over to you?
Judge Kittleson: Well, it‘s not me either. Besides which, I’m having a
little thing with one of the lawyers at Bobby Donnell’s firm, so I’d have
to recuse myself anyway.
Judge Hiller: What?
Judge Kittleson: Oh, Jimmy Berluti. Little frolic.
Judge Hiller: Have you lost your mind?
Judge Kittleson: What? I’m not supposed to have a personal life?
Judge Hiller: Well, you shouldn’t be having it with lawyers who appear
before you -
Judge Kittleson: I don’t. That’s what I’d just said. I’d have to recuse
myself. You know, it’s been quite a while since I’ve seen you smile. It
wouldn’t be such a bad thing if you went out and got yourself a -
Judge Hiller: (sternly and rising) Never mind! (she goes to the door and
stops. There’s a pause) What am I going to do, Roberta? The man viciously
killed a nun. I put him back out there, he’ll no doubt kill somebody
else...
Judge Kittleson: What about the kidnap charge?
Judge Hiller: It won’t stick. They arrested the guy coming back to the
house with coffee. The phone in the apartment worked, she was free to make
a call... Clearly, she wasn’t being kidnapped. What the hell am I gonna
do?
Night-time. Helen and Lindsay’s apartment. Helen is perusing a fax from
the fax machine as Lindsay enters.
Helen: (not looking up) Nice bomb, Lindsay. Couldn’t tell me over
breakfast, could you?
Lindsay: (shaking her head) No. (there’s an awkward pause) Sorry.
Helen: You know, I realise you didn’t want this case either, but still.
What you do for a living, it’s repulsive. And your little credo of ‘just
doing my job’... It doesn’t excuse it.
Lindsay: (shocked) Hold on a second, Helen.
Helen: No, you hold on. (she walks over to Lindsay, clearly upset) It says
something about a person’s character, the type of work that she would do.
Lindsay: You’re turning this personal?
Helen: (raising her voice slightly) The fact that you can represent him,
even under court order, and look at yourself in the mirror -
Lindsay: (pushing past her) I’m not gonna listen to this.
Helen: Oh no, don’t! It might kick up a bit of a conscience!
Lindsay: (turning back to her) Oh, give me a break. (Lindsay still hasn’t
raised her voice)
Helen: (yelling now) No, Lindsay, the breaks go to people who kill nuns!
Lindsay: (now beginning to raise her voice, but only slightly) And the
police cause they’re always innocent.
Helen: The police try to catch criminals, Lindsay -
Lindsay: Well, what about when three of them planted a knife in Ellenor’s
desk trying to frame her and George Vogelmann?
Helen: I’m not talking about that!
Lindsay: (loudly, but still not yelling) I am. And you’re crying about -
Helen: (yelling desperately) This guy killed a nun!
Lindsay: And if we could trust the police then we wouldn’t have all the
search and seizure -
Helen: Oh, don’t talk to me! (she turns her back on Lindsay)
Lindsay: Oh, don’t turn this on me. If you were in my position, you’d do
the same -
Helen: (yelling right in Lindsay’s face) I would never be in your
position!!!
Lindsay: Hey.
Helen: (crying) Go to hell!
Lindsay: (quietly and dangerously) You go to hell.
She walks away and slams the door. Helen slumps to the floor, crying.
-------------------- Commercial --------------------
Helen and Lindsay’s apartment, the next morning. Helen is sitting at the
table in front of a lap top computer. The table is covered in papers and
books
Lindsay: (coming in, surprised) Were you up all night?
Helen: Couldn’t sleep. I’m sure you could.
Lindsay: Oh, go to hell again.
Helen: Lindsay. (she pauses) I’m sorry. I don’t mean to take it out on
you, but you’re here.
Lindsay: You think I want the guy free, Helen?
Helen: (shaking her head) No.
The courthouse.
Tisbury: He hired her. Four hundred dollars he agreed to pay her. And his
defence is what? The aroused penis defence? The thing about prostitution,
ladies and gentlemen, we can throw the janes in jail. But they end up
right back out there. Because they have no choice. Broke, some with drug
problems, some with children to support... They can trade on their bodies,
and they do. They end up right back out on the street. Because as far as
they see it, there’s no other choice. Deterrence works on the johns. And
if we can shut down the demand by going after them... And this man
(pointing to Burrows) he had a choice, didn’t he? He chose to knowingly
break the law. To pay for sex. Now, he has to pay the consequences for
that choice. (he sits)
Jimmy: Entrapment. That’s defined as when a person is lured into the
commission of a crime that he has no predisposition to commit. And that’s
this case. Clyde Burrows never would’ve committed this crime if he had
been left alone by the police. That’s entrapment. And Mr Tisbury stands
here, lecturing you on how we have to stop the johns. Clyde never was a
john in his life. He only became a john here, because the police convinced
him to become one. And, big picture. Is this what we want the police to be
doing? Staking out law-abiding citizens, baiting them into committing
crimes, then busting them? Sure, if Clyde Burrows had been stronger, he
could’ve resisted. Maybe if he’d been more moral, he would’ve resisted.
But he wasn’t. He was weak. And thank goodness we have the police to go
out and find the weak and lure them into committing crimes. Come on. The
police are supposed to protect us! Not trap us. The police are supposed to
be catching the people who are out there committing crime. Not finding
innocent people and luring them into committing crime. (he pauses) Clyde
Burrows would not be sitting here today but for the actions of a police
officer. (slowly) Is this the government we want? (he stares at the jury
meaningfully)
The office. The phone rings and Lucy picks it up.
Lucy: Donnell, Young, Dole and Frutt... (she listens) Oh, shut up. (she
hangs up and dials again. Faintly we can hear the ring on the other end
and the greeting) Ever heard of *69, you idiot?? I’m reporting you to the
police. (she slams the phone down)
Eugene: (coming out of his office) What’s going on?
Lucy: It’s this case. People don’t like us doing it. (she walks away
leaving Eugene looking thoughtful)
The courthouse.
Lindsay: Absent exigent circumstances, the police cannot search without a
warrant.
Judge Hiller: They thought she was kidnapped.
Lindsay: Which buys them entry. But once they had her, once the exigency
was over, they had to get a warrant. There was no danger of losing
evidence, they could’ve secured the premises. They can’t even argue search
incident to the arrest because the suspect (indicates Kingston) was
arrested outside the building. (pause and sigh) I know the idea of setting
a murder defendant free is, of course, repugnant to everybody in this
room. Especially this defendant. But we have a constitution. A fourth
amendment and case law that couldn’t be more clear. The police were
required to have a warrant to search that closet. They didn’t get that
warrant. As a result, everything in that closet is inadmissible as
evidence.
Judge Hiller looks thoughtful. Lindsay sits.
Judge Hiller: Ms Gamble (Helen doesn’t move) Ms Gamble? (Helen stands)
Helen: The fourth amendment does not require warrants. It protects people
against unreasonable searches, but it has never, by its language, required
warrants.
Judge Hiller: The Supreme Court has chimed in and said that it does.
Helen: The modern Supreme Court interpret it that way. The language only
required reasonableness, and nowhere, nowhere does the fourth amendment
say that evidence obtained absent of warrant, or even absent of
reasonableness be excluded. This exclusionary rule wasn’t carved out by
the courts until 1961. That means for 172 years the fourth amendment did
just fine without excluding evidence. The courts decided to impose that
sanction. The courts decided that that would be the best way to remedy
police misconduct. Now, we’ve stretched it to remedy police mistakes.
Innocent mistakes which themselves are reasonable. If a convicted felon
locks up a woman, if he tells her has guns in his closet, reason says he’s
forfeited his right to privacy. Reason says those police officers should
go in and investigate.
Judge Hiller: Are you asking me to ignore the holdings of the Supreme
Court?
Helen: I’m asking you to recognise the absurdity of the exclusionary rule.
I’m asking you to recognise how ridiculous it is to require 20 year old
police officers to understand the law when judges and lawyers can’t. In
this case, there was no misconduct by the officers. They rescued a woman
who appeared to be kidnapped. They attempted to make sure the apartment
was gun free before the kidnapper returned. This is reasonable. That man
sitting right over there stabbed a nun thirty times, and cut her into
pieces. He has a felony record, he - (she breaks off and takes a minute to
compose herself. Lindsay looks concerned) Last night, I got into a
creaming argument with the defence counsel. (Lindsay closes her eyes) She
accused me of making this personal. It is personal. I take my job very
personally, your honour. I like to come in here thinking the work I do
counts for something. Just like those police officers. And when we see
criminals get turned loose on technicalities that have nothing to do with
merit or - (she sighs) The Constitution was designed to protect then
innocent. Not the guilty. And this case, this man, your honour. Feed this
right into the mouths of the Supreme Court. If they wanna spit him back on
the street, yes. Yes, I’m asking you to overrule recent decisions. We need
a brave judge to do that, your honour, otherwise, they’ll never get the
chance to revisit the irrationality of - (she breaks off and pauses) He
killed a nun. He mutilated a nun and stuffed her into a closet. The fourth
amendment was never meant to protect this animal. I’m sorry. It’s
personal.
The hallway. Bobby, Lindsay and Ellenor are pushing through the protesting
mob to a room. They enter and close the door.
Ellenor: Wouldn’t wanna be Judge Hiller.
Lindsay: I think Helen did pretty well.
Bobby: Giving her a hand? I’ve seen you better?
Lindsay: I’m sorry?
Bobby: You hit all the marks, you certainly weren’t bad, but I’ve seen you
better.
Lindsay: Are you accusing me of something?
Bobby: No.
Lindsay: Let’s see you defend that guy better, Bobby.
Bobby: I wasn’t criticising -
Lindsay: Yes, you are. And I don’t like it. (there’s an uncomfortable
pause)
Helen’s office. She’s at her desk, staring sadly off into space, on the
brink of tears. She slowly leans forward and rest her head in her hands.
Courtroom. Burrows trial.
Judge: Will the defendant please rise? (Jimmy, Rebecca and Burrows stand)
Has the jury reached its verdict?
Foreman: We have, your honour.
Judge: What say you?
Foreman: In the matter of Commonwealth versus Burrows, on the count of
solicitation. We find the defendant, Clyde Burrows, not guilty.
(Clyde’s happiness and relief is quite obvious)
Rebecca: (dumbfounded) Wow.
Burrows: Oh god... Thank you! (turns to Jimmy) Thank you.
Jimmy: (smiling) You stuck to your guns, Clyde. You hung in there.
A bar. Jimmy, Rebecca and Clyde are celebrating.
Jimmy: I gotta admit, I didn’t think we’d win.
Burrows: Yeah, well, I owe you big.
Jimmy: Do me a favour, from now on go to bars like this instead of hotels.
Pretty women don’t come in here. Oh, except for Bec.
Judge Kittleson: (appearing behind them) I take offence at that.
Jimmy: (surprised to see her) Roberta - (stands)
Rebecca looks doubtfully at Judge Kittleson.
Judge Kittleson: Hi. I just swung by to tell you I won’t be able to see
you later tonight. I gotta check on Judge Hiller. She may need me.
Rebecca: Oh. How’d she rule?
Judge Kittleson: Oh, she hasn’t yet. I don’t know which way she’s gonna
go. (she turns back to Jimmy) So, can I please have a raincheck for
dinner?
Jimmy: Sure. (Judge Kittleson’s beeper goes off) Sure.
Judge Kittleson: Oh, never mind... I gotta go, um - (she kisses Jimmy on
the cheek) I’ll call you later. (she leaves.)
Rebecca looks at Jimmy questioningly.
Jimmy: (defensively) We’re friends.
Rebecca looks disbelieving, and doesn’t answer.
Courtroom. Once again the gallery is full, the front filled with nuns.
Judge Hiller enters. There’s a long silence.
Judge Hiller: (taking a deep breath) I agree with Miss Gamble. There is
nothing in the language of the fourth amendment that requires warrants.
Nor is there anything that says illegally obtained evidence should be
excluded. These rulings have been carved out by the courts in response to
our distrust of the police. I also realise that the courts are more
willing to adjust their thinking for the needs of the day. We search bags
at airports now without warrants. Make people go through metal detectors.
California requires finger prints just to get a drivers licence. The
Department of Transportation has mandatory drug testing. We have all these
invasive things we do to people, absent not only warrants, but absent any
suspicions of wrongdoing! So, why can’t a police officer who’s been told
there are weapons in the closet of a convicted felon, a man suspected of
kidnapping, why can’t he open the closet? I agree with the district
attorney, the fourth amendment has been interpreted and expanded by the
courts to the point where it belies both the language and the intent of
the amendment. Which is reasonable? (slight pause) But. I also know the
Supreme Court rulings on search and seizure have set clear rules. And as
much as I would love to be a renegade, our criminal justice system has no
chance whatsoever once the judges themselves begin embracing judicial
anarchy. (she begins to speak slowly) The search of the closet was
illegal. The contents are inadmissible. (Helen shakes her head, sadly)
With the contents suppressed, I find no probable cause to hold the
defendant. He is free to go. (she bangs the gavel and leaves quickly)
The gallery is in an uproar. The nuns are stunned and the reporters are
badgering Kingston as he gets his cuffs removed. Bobby and Ellenor look
uncomfortable, Lindsay like she’s about to start crying. Helen also looks
about to start crying. Kingston leaves the room, a huge smile on his face.
Lindsay stands and walks towards Helen. They meet in the middle of the
tables and hug each other, crying softly.
-------------------- End --------------------
© Ryana's The Practice Page
--------------------------------------------------------------------------------
|
