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| "End Games" - Transcript Done by Ryana |
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End Games
Written by: David E. Kelley
Directed by: Keith Samples
-------------------- 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 'End Games'. 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 --------------------
Office. The lawyers are staring at the door. Lindsay walks past the door
where Lucy and her basketball player boyfriend who are talking by the
door. Lucy's boyfriend is twice as tall as she is.
Lucy: I had a really good time last night
Boyfriend: Me too. Do you want to come to the game tonight?
Lucy: Tonight?
Boyfriend: Yeah
Lucy: Cool
Boyfriend: So I will call you this afternoon?
Lucy: OK
Boyfriend: So from now until then I will be missing my little buttercup
Lucy: You are the sweetest boy
Camera cuts to Rebecca and she smiles from her desk. Lucy stands up on the
chair to give him a kiss. Jimmy looks from behind his paper and smiles.
Lucy smiles as her boyfriend leaves. Ellenor and Lindsay smile at each
other. Lucy fixes her chair up and looks over at Lindsay. She sees Lindsay
smiling. She stops when Lucy looks at her
Lindsay: What?
The doors open and Leonard burst in
Leonard: Ellenor -
Ellenor: Leonard?
Leonard: I think I'm in trouble (He throws a bag of what looks to be like
heroin at Ellenor)
The police burst through the door of the office and
Policeman: (to Leonard) Hold it freeze, don't move, let's see your hands
(We see Ellenor put the heroin on her desk) Hands up
All the lawyers get up from where they are sitting. Eugene and Kendall
come out from his office. Bobby comes out from his office
Bobby: What the hell's going on?
Policeman 2: Stand back. Hands up (They give Leonard a pat down search)
Bobby: What is this?
Policeman 2: Stay out of it
Bobby: What is this?
Policeman 2: Nothing
Policeman 1: (pointing to the desk) What's that?
Ellenor: (looks down) I don't know (everyone sees the drugs)
Policeman 1: How did it get there?
Ellenor: I don't know
Policeman 1: This your desk? (She doesn't answer) This your desk ma'am?
Ellenor: Yes
Policeman 1: You don't know how it got there?
Ellenor: No
Policeman 1: Please place your hands behind you back
Bobby: What for?
Policeman 1: You have the right to remain silent
Bobby and Ellenor: What for?
Ellenor: You reading me my rights
Policeman 1: You have the right to an attorney
Ellenor: Yeah I know my rights. Is this a joke?
Policeman 1: How did these drugs get here?
She looks around at the other lawyers
Ellenor: I don't know
Policeman 1: Cuff 'em both
Policeman 2: (to Leonard) You, sir, have the right to remain silent
Bobby: Meet you at the arraignment. Obviously don't say anything. That
goes for you, too, Leonard. Don't say anything (The police take Ellenor
and Leonard out the door. The other lawyers stare after them shocked)
Lucy: That woman had hit a bad patch.
-------------------- Opening Credits --------------------
We see the Donnell, Young Dole and Frutt offices, where the police are
searching Ellenor's desk. The camera pans to Bobby giving out orders to
Rebecca, Jimmy, Lindsay and Eugene.
Bobby: Eugene, you take Ellenor, Rebecca, Leonard, Jimmy, jump in.
Jimmy: Bobby, we might be witnesses, we can't represent-
Bobby: (demanding) What did you see?
Jimmy: Well, I didn't see anything...
Bobby: Lindsay? Bec? Anyone see Leonard drop that stuff on Ellenor's desk?
Nobody?
Rebecca: I think we were all looking at the door.
Lindsay: (pointing over her shoulder) Leonard came running in first and
the police were right behind him
A policeman opens a drawer in Lucy's desk to look inside
Lucy: Hey! Get your nose out of there.
Policeman: Ma'am,
Lucy: (in disbelief) Ma'am?
Rebecca: You can't search that desk.
Policeman: We've made an arrest.
Rebecca: You can only search the suspect's desk, that's it.
Policeman: Anything subject to the suspect's control.
All the lawyers begin objecting at once and pointing.
Policeman: Hey, hey, hey, hey!
Other policeman: (holding up a blood-stained knife) John,
Bobby: Where'd that come from?
Other policeman: Bottom drawer, under some files. Looks like there's some
dried blood on it.
Bobby: (moving forward) Let me see that.
Policeman: (stopping him warningly) Counsel. (to the other policeman) Bag
it.
Judge Kittleson walks in and looks around, surprised.
Lucy: God, Lindsay, you been provoking her?
Everyone: Lucy!
Kittleson: Bobby?
Bobby: (surprised to see her there) Your Honour -
Kittleson: What's going on?
Lucy: One of our lawyers just got arrested.
Everyone: Lucy!
Kittleson: Uh, can we talk, in private?
We see Lindsay giving Bobby a don't-you-dare look.
Bobby: Uh, sure. Um, my office. Lucy... Okay. Eugene, Bec, get going. Take
Lindsay.
Lindsay: I'd rather take that case.
Bobby: Never mind.
Lindsay: What never mind?
Bobby: Lindsay, go with Eugene, get Helen. Maybe she can help with Ellenor.
Camera cuts to Bobby walking into his office, where Judge Kittleson is
waiting.
Bobby: What's up?
Kittleson: Well, you're not gonna believe it when I tell you. Actually you
might, considering our... (she pauses) Yesterday afternoon, I was served
with a complaint against me, filed under seal, by one of my former law
clerks. He's claiming sexual harassment.
Bobby: (dryly) What a shock.
Kittleson: Funny. The claim is baseless, but nevertheless I have to defend
myself against it. That's why I'm here. To hire you.
Bobby: You wanna hire me? To defend you in a sexual harassment case? Don't
you think that's a little strange?
Kittleson: Why? You're an excellent attorney..
Bobby: Who you had erotic dreams about...
Kittleson: Oh please. If I had a dime for every erotic dream I'd ever
had... Forget it.
Bobby: Oh, is that what you'd say in your deposition?
Kittleson: Look, if you choose not to represent me, that's fine. But I
don't think you need be discourteous, I'm sorry to have bothered you.
Bobby: Why would you wanna hire me? Sexual harassment is not my specialty,
though it would be a good way to disqualify me as a witness, should I ever
be called to testify....
Kittleson: And why would you be called as a witness? Nobody knows what
happened between us, unless you told someone. I certainly didn't.
Bobby: (stepping forward and speaking slowly, seriously and definitely)
Nothing happened between you and me.
Kittleson: So this hostility just comes out whenever somebody tries to
engage your services.
Bobby: Let's just say I have a hard time believing you're totally
innocent.
Kittleson: Let's just say I have a hard time believing that you only
represent the totally innocent.
Bobby: Let's assume, for the sake of argument, that I do.
Kittleson: I am innocent. I had an affair with the boy. The truth is, I
think he still has a thing for me. After he finished as my law clerk, he
asked me to write him a letter of recommendation. I did. It wasn't glowing
enough in his eyes, and he's retaliating.
Bobby: Okay, which brings me back to why me?
Kittleson: If this goes public, I'd get destroyed, merits aside. I want
somebody vicious enough to make this go away, who's not afraid to get ugly
if he has to. I asked around. Word is, you're it.
Camera cuts to a courtroom for Ellenor's arraignment.
Eugene: She's up first, Leonard's being called second.
Rebecca: We have to get him independent counsel.
Eugene: First let's get through arraignment. (to Lindsay) Did you call
Helen?
Clerk: All rise.
Lindsay: I left word - Oh no. It's Judge Whackadoo.
Eugene: Just what we need.
Clerk: Be seated. Case number 32111. Commonwealth versus Ellenor Frutt,
possession of controlled substances.
Eugene: (walking to the bar) Eugene Young for the defendant. Waive
reading, Your Honour. I move to dismiss this right now.
Judge Phillip Swackheim: On what grounds, hmm?
Eugene: Miss Frutt's a lawyer. She represents a man who charged into our
office...
Lindsay: (standing) Objection...
Swackheim: What the hell?
Lindsay: (walking forward) Your Honour, I work with Mr Young.
Swackheim: Hurry up.
Eugene: (in a low voice) What are you doing?
Lindsay: (in an equally low voice) Technically, we still represent
Leonard. You can't be serving up facts that incriminate him even if they
help Ellenor. (Ellenor rolls her eyes, Lindsay sits back down)
Eugene: Your Honour, the police charged into our office, chasing a man
they believed had drugs in his possession. This man ran to Miss Frutt's
desk, the police followed. Suddenly, drugs were discovered on Miss Frutt's
desk. They asked her how they got there, she, of course, refused to answer
any questions. They arrested her for having drugs in her possession, and
it's bogus.
Swackheim: (to DA) Is that what happened?
ADA: From what I know, that seems accurate.
Swackheim: Out of line. (standing and pacing) Out of line. Arresting the
lawyer?
ADA: Your Honour, Miss Frutt was given opportunity to explain how the
drugs came into her possession.
Swackheim: But if a client dropped them there... then she's not free to
say so, is she? I wanna know who the officer is, I wanna know who said
okay to this.... This case is dismissed. Dismissed, dismissed! We do not
go around arresting lawyers. Hmmmm hmmm. Next case, next case, next case.
(he sits back down)
Clerk: Case number 32112. Commonwealth versus Leonard Sawas (sp?),
possession of controlled substances.
Rebecca: (walking forward) Rebecca Washington representing the defendant,
Your Honour. Waive reading. I, too, ask that you dismiss all charges.
Swackheim: Why?
Rebecca: As the police report stipulates, they didn't find any drugs on my
client, they were on Ellenor Frutt's desk.
Swackheim: Wait a second, second, second. This is the guy that went
running in, so forth, so forth, so forth drugs?
Rebecca: Well, there's no evidence of that. The heroin was only found on
the desk, never in Mr Sawas' possession.
Swackheim: What do I look like to you? A big dope? Am I a big dope to you?
He's got a record as long as my intestine. He's a drug addict. Do I look
like a dope?
Rebecca: (shaking her head) You do not look like a dope.
Swackheim: You have got a God-awful, scum-sucking, guilty client here. We
all know that. Drug addict.
Rebecca: Your Honour -
Swackheim: Get yourself a jury. Hmm, I mean, they're the dopes. They'll
probably let him go! Hmmm. Notdismissed. Bound over! And no bail either,
because you got me angry, hmmm. Next case, next case, next case. (to the
clerk) And give me something good.
We see the courtroom door being pushed open as Ellenor, Rebecca, Lindsay
and Eugene come out.
Ellenor: You sold me out.
Rebecca: I did not sell you out.
Ellenor: You said in open court the drugs were in my possession..
Rebecca: I said it for the purpose of Leonard's case.
Ellenor: In my possession.
Lindsay: Your case was already dismissed, Ellenor.
Ellenor: Oh yes, Lindsay, take her side. I expect nothing less.
Lindsay: (warningly) Hey.
Eugene: This again?
Ellenor: Why is she even here?
Lindsay: To kick your ass like I did before.
Ellenor: Oh, please.
Ellenor and Lindsay begin fighting (Lindsay mentions something about PMS).
Rebecca: What the hell is wrong with you two?
Lindsay: Isn't it obvious? You said something she didn't like and it's
clearly my fault.
Eugene: Enough.
Helen walks up to them with another guy (I don't know who he is - can
someone please help me out with that? I'm just going to assume he's a cop)
Helen: Ellenor,
Lindsay: I've been paging you.
Helen: Yeah, well. Some bad news.
Policeman(?): (moving forward) Ellenor Frutt, please place your hands
behind your back.
Ellenor: Excuse me?
Policeman: (putting Ellenor in handcuffs) You have the right to remain
silent.
Eugene: Now what?
Ploiceman: Anything you say can -
Eugene: Enough with Miranda. What's going on now?
Helen: The knife they found in your drawer, did George Vogelman give it to
you?
Ellenor: What?
Helen: It's the weapon used to cut off Susan Robin's head.
-------------------- Commercial --------------------
Cut to Donnell, Young, Dole and Frutt, where Rebecca, Lindsay and Eugene
are talking all at once to Bobby.
Bobby: Hold on, one at a time.
They all talk again.
Bobby: Come on. Eugene.
Eugene: She's gonna be booked on concealing evidence, probably obstruction
of justice.
Bobby: Did she say how the knife got in there?
Eugene: Well, we haven't had a chance to talk to her yet.
Bobby: Okay. First, we try to get it kicked. In my opinion, the search was
illegal.
Rebecca: Incident to an arrest?
Bobby: They were after Leonard, not -
Lindsay: But they arrested her.
Bobby: Which got dismissed already. Lindsay, bring the motion at the
arraignment. Rebecca, you handle Leonard. Eugene, go find George Vogelman!
Lucy: (walking past) Bobby, you have the lawyer coming in on Kittleson.
Lindsay: (stopping what she was doing and looking up) What?
Bobby: (very casually) Uh, she hired us. She's being sued.
Lindsay: (shocked) And you took the case?
Bobby: (warningly) Lindsay, never mind.
Lindsay: Bobby, she -
Bobby: Lindsay. Go see Ellenor. Jimmy, I need you to help me here. (pause,
then to Eugene) Do they know if it's the murder weapon?
Eugene: It matched the blade, they're testing the blood scrapings.
Bobby: How the hell did it get in her desk?
Cut to Ellenor's cell, where she's looking out through the bars. Lindsay
is sitting on the bed.
Ellenor: (frustrated) I don't know! (she thinks and turns back to Lindsay)
It was the bottom left drawer?
Lindsay: Under some old files. Do you even remember the last time you
looked down there?
Ellenor: (still frustrated) No. (more rationally) So, somebody's framing
me? Or George?
Lindsay: Did George Vogelman ever have access? Was he ever in the office
alone?
Ellenor: It isn't him, Lindsay.
Lindsay: Can you really know that now?
Ellenor: Yes.
Lindsay: Okay. Arraignment's at two. Division one. I can't imagine they'd
set bail, but -
Ellenor: I don't believe this is really happening. A guy comes in, he
throws heroin at me, and now I am suddenly being held for concealing a
murder weapon!
Lindsay: It's gonna go away, Ellenor. Don't worry.
Cut to the office of Moreno* Medical Associates. Eugene walks in.
Secretary: Can I help you?
Eugene: I'm looking for Dr George Vogelman? Does he work here?
Secretary: He does, or did. You're about ten minutes too late.
Eugene: Sorry?
Secretary: The police just arrested him, took him away.
Cut to Donnell, Young, Dole and Frutt, where Jimmy and Bobby are waiting
for the lawyer.
Jimmy: Same charge, concealment.
Bobby: And he's in custody?
Jimmy: Eugene's on his way to see him in lockup. (pause) Lindsay talked to
Helen. She thinks the police are determined to get him all over again. Is
concealment a lesser included?
Bobby: To murder? No way. He's free game.
Milton: (coming in) Bobby Donnell?
Bobby: Yeah.
Milton: Milton Cadence.
Bobby: Oh, hi. Thanks for agreeing to come. Um, Jimmy Berluti.
Milton: A pleasure.
Bobby: As I said on the phone, Judge Kittleson is very anxious to dispose
of this.
Milton: As is Mr Michaels. He certainly doesn't want to begin his law
career as a plaintiff in a sexual harassment case. That's why we filed
under seal.
Bobby: Which I appreciate. Listen, we've been hit with a little emergency,
and unfortunately, I have to run out. If we could agree to depose the two
parties, also under seal, do it right here, get some kind of assessment on
the case, we can pick a number and be done.
Milton: Can she go first?
Bobby: Sure. Six o'clock tonight?
Milton: (sounding doubtful) Tonight?
Bobby: You can always depose her again, if you want. My feeling is if we
can flush out some facts quick, I think we can get rid of it. The faster
the better for both sides.
Milton: Okay. I'll see you at six tonight.
Bobby: Great. (to Jimmy) Jimmy? (to Milton) Sorry to run out.
Cut to Leonard's cell, where he and Rebecca are both sitting on the bed.
He's crying and Rebecca is trying to talk to him.
Leonard: (sobbing) I'm so sorry.
Rebecca: Leonard -
Leonard: I never meant to hurt her...
Rebecca: Leonard, you need to stop crying and listen to me.
Leonard: I love Ellenor.
Rebecca: I know you do, and for you to help her... You see, we may have to
be making statements that go against your interest. Which means you might
need to get a new lawyer for the time being.
Leonard: I want Ellenor.
Rebecca: Ellenor is unavailable right now.
Leonard: I love Ellenor.
Rebecca: (severely) She is in jail, Leonard.
Leonard: She's always stuck by me. I can't ...
Rebecca: Okay, well, what I'm trying to tell you is we won't be sticking
by you.
Leonard: I love Ellenor.
Rebecca: (under her breath and leaning back) Son of a bitch.
Cut to George Vogelman's jail cell. Eugene is pacing before George who is
sitting on the bed.
George: I have no idea. Want me to say it again?
Eugene: Well, you better think, George. Think who could've stuck that
knife in that drawer, otherwise...
George: Eugene, I've heard that speech. (mockingly) You better think,
George. Better think who could've put that head in your medical bag,
otherwise...
Eugene: Now is not the time to get snide. This is Ellenor on the line now,
not just you.
George: I know that. Why would I ever put a knife in her drawer? Or if I
did give it to her why would she even take it? Somebody's doing something
here.
Eugene: And you can't think who it could possibly be?
George: (frustrated) No.
Eugene: (warningly) George, I'll tell you this. If I get wind -
George: You'll what? Beat me up? Do it. I've been out of work now for six
months. I finally got hired two days ago - two days ago! - and what
happens? In come the police to take me away again. Go ahead, Eugene. Beat
the hell out of me. I need the money.
Cut to the courtroom again at Ellenor's second arraignment.
Clerk: Case number 32632. Commonwealth versus Ellenor Frutt -
Bobby: (walking forward) Bobby Donnell for the defence, Your Honour. Waive
reading. Ask that this court dismiss all charges on the grounds -
Swackheim: Dismiss, dismiss! Everybody's getting up and asking me to
dismiss charges. What do I look like, hmmm?
Bobby: Well, under the circumstances -
Swackheim: I've already dismissed charges against this woman once today.
That's all she gets. I don't just kick things here. Especially in murder
cases. Not dismissed! No, no, no!
Bobby: (confused) What do you mean, murder case?
Swackheim: (looking down at his notes) Yes, murder. Your client's being
charged with first degree murder. If you didn't know that, why the hell
did you waive reading? (Everyone looks shocked)
Bobby: (to Richard, the ADA) What's going on here? What is going on?
Swackheim: Talk to me, counsellor. Never mind, don't. Now I'm mad, all
right? Next case, and give me something good.
Bobby: (to Richard) What the hell is this?
Richard: Why don't we find a room to talk?
Cut to a small room at the courthouse.
Richard: There's enough there.
Bobby: (incredulously) For a murder charge?
Richard: Well, I'm not saying we're gonna make it, but we've got to face a
few facts here. She had a romantic relationship with this Vogelman -
Bobby: That was two years ago!
Richard: Well, love's been known to smoulder.
Bobby: Is this a joke?
Richard: She's found with the murder weapon? And we all know Ellenor has a
temper.
Bobby: What do you want, Richard?
Richard: Vogelman. She testifies he gave her the knife, well, maybe we can
make things go easy on her.
Bobby: First of all, I have no knowledge that he gave her the knife.
Second, you can't get Vogelman. Double jeopardy.
Richard: Oh, we can't get him on murder, but we can on concealment and
perjury.
Bobby: Third, this is blatant blackmail.
Richard: This is a settlement negotiation.
Bobby: You're charging a lawyer with murder to get her client? This is way
over the line.
Richard: Bobby, you guys accused a victim's bother of murder just to get
your client off, and you wanna debate where the line is?
Bobby: We're defence attorneys. It's different.
Richard: Discuss the offer with Ellenor. And then, get back to me.
He walks out.
Bobby: I don't believe it.
Lindsay: I've got the motion to suppress marked up for tomorrow.
Bobby: With that judge?
Lindsay: No, thank God. Judge West.
Eugene walks in and closes the door.
Bobby: (to Eugene) How's George?
Eugene: Not good. They denied bail.
Bobby: For concealing evidence?
Eugene: And perjury, obstruction of justice. They're on a mission, Bobby.
They're out for him, and now they have the perfect chance.
Cut to the conference room, where Kittleson's deposition is taking place.
Milton: So you don't deny the affair?
Kittleson: No, I don't. Nor did I regret it, until yesterday.
Milton: Can you tell us how your relationship with Kevin Michaels began?
Kittleson: Our professional relationship began when I hired him out of law
school to clerk for me. Our physical relationship began about four months
later. It was a Friday night, we were going over a draft of a rather
convoluted opinion regarding stock fraud, and, uh, well, I suppose one
might say I seduced him.
Milton: Why might one say that?
Kittleson: Because I did.
Milton: Can you be more specific?
Kittleson: Do I need to be? The basis of this lawsuit concerns what
happened after he left my employ. We can all stipulate to the sexual
affair.
Milton: We're on a fast course to settle this. I need to flush out some of
the background before I advise my client.
Kittleson: All right. (she pauses) We were working side by side, going
over this draft. He reached across for something, I don't know what, and
he inadvertently brushed my breast. He began to apologise profusely, and
perhaps to dissipate his embarrassment, I said 'don't be sorry, I rather
enjoyed it.'
Milton: What happened next?
Kittleson: Well, he just stared back at me. I'd obviously shocked him. But
he had an expression almost as if he were titillated, a little, as well.
Oh, I don’t know. Maybe because the hour was late, and my senses were
fogged or it was just the dare in me. I said 'it's not the worst thing in
life to be touched'. And I reached out my hand, I touched him. And I said
'it's not so bad, is it?'
Milton: And then?
Kittleson: Uh, and then, at the risk of sounding immodest, I gave him the
best fallatio known to mankind. (long pause as everyone looks
shocked/surprised/uncertain [take your pick]) I am sorry to be so blunt.
But, I think we all know what could happen if you don't come clean at a
deposition.
-------------------- Commercial --------------------
Inside the office of Donnell, Young, Dole and Frutt
Eugene: The knife, the DNA was positive. It's Susan Robin's blood.
Bobby: Great.
Eugene: I think Vogelman needs independent counsel.
Bobby: For now -
Eugene: What if we need to argue he put the knife in here? My money says
we will.
Bobby: Let's just see how the suppression hearing goes on Ellenor. If we
win there, there won't be any conflict. (he walks over to Lindsay) You all
set?
Lindsay: (coolly) Yep.
Bobby: You need any help, any research or ...?
Lindsay: (still coolly) I'm fine.
Bobby: Lindsay, it's a good case to take. If a judge hires you, that's a
nice credit
Lindsay: It's under seal, Bobby. There's no marquee value in this case.
There was no reason to take it. (she stands up and looks at him
sceptically) Or was there?
Bobby: (in exasperation) Oh, please, you can't be jealous...
Lindsay: Bobby, let me just concentrate on Ellenor's case right now, okay?
Kittleson walks through the front door.
Jimmy: (surprised to see her) Your Honour,
Kittleson: Am I early?
Jimmy: No, oh no. We're set to go in about twenty minutes, and Bobby
wanted to go over some stuff -
Kittleson: Do you perhaps have something I could just nip - (Lindsay walks
over to the door and Kittleson speaks to her) oh, hello.
Lindsay: (smiling stiffly) Hello. Could I get by?
Kittleson: (opening the door for her) Oh, I'm terribly sorry.
Bobby: I'll be down as soon as I can... (he trails off as Eugene and
Lindsay walk out)
We see an elevator at the courthouse. The doors open, the people leave,
and Eugene and Lindsay enter.
Eugene: I don't mean to add pressure on you, but if we don't win this,
Ellenor faces a long haul.
Lindsay: I know. Do you have any idea how that knife got there?
Eugene: Had to be George.
Cut to Bobby's office, where He, Kittleson and Jimmy are discussing the
lawsuit..
Bobby: You never showed him the letter?
Kittleson: Not before I sent it out. I suppose I should have. But this
isn't about that letter, Bobby. You read it. It may not've been laced with
superlatives, but it certainly wasn't critical.
Bobby: Well, he's suing you for it, so...
Kittleson: My bet is, he's suing just for the privilege of these
depositions. He gets to be in the same room with me again. I don't think
he's over me, to tell you the truth. (long pause as Bobby and Jimmy think
about that) Is everything okay?
Jimmy: (awkwardly) Fine.
A courtroom.
Lindsay: They had no warrant to search that desk.
Richard: And nor was one required. It was a search incident to an arrest.
Warrantless searches -
West: (intrigued) Hold on a second. Are you saying the arrest of Miss
Frutt was invalid?
Lindsay: On the knife, absolutely -
West: Not on the knife, on the drugs.
Lindsay: That case was dismissed.
West: I understand. But are you saying at the time the arrest was made it
was legally invalid?
Lindsay: Yes. They knew those drugs weren't hers.
West: The heroin was on her desk, counsel. There was no probable cause for
an arrest?
Lindsay: They came in chasing somebody else for those drugs. He ran right
to this desk. They see the drugs on top of the desk, they suddenly think
they belong to her. Please. That insults everybody's intelligence.
West: Which is why the case on the drugs was ultimately dismissed. But if
the arrest was technically valid at the time, then so was the search that
turned up the knife.
Lindsay: Even if you were to uphold the search as incident to a valid
arrest, the area to be searched has to be within the control of the
suspect.
Richard: Which this was. It was her desk.
Lindsay: She wasn't even in the building by the time you found the knife,
so the desk couldn't be within her control.
Richard: The search began contemporaneously with the arrest. It continued
after she left. It did not begin after she left. There's a difference,
Your Honour, I can site the cases.
Lindsay: None of these cases involved a pretext arrest, which this was.
They knew the drugs weren't hers. They didn't have a good faith basis to
make that arrest. Any search incident to that arrest is also lacking in
good faith. This is part of a master plan to get George Vogelman and
everybody in this room knows it.
Richard: (shocked and outraged) Objection!
Lindsay: (persistently and just as outraged) Make your objection, but I am
putting this on the record. They charged her with murder and they offered
to drop everything if she would flip George Vogelman on concealment. He's
the one they're after. The arrest of Ellenor Frutt is not only unethical,
it is flat out immoral.
Richard: I completely reject that. We never offered to drop this. And any
and all settlement discussions are inadmissible. She should be sanctioned
for attempting to raise this in these proceedings. (their voices get
louder and louder)
Lindsay: You're charging her with homicide to coerce testimony. Yes,
sanction me!
Richard: (at the same time) Not only to mention that she misrepresented
everything that was said in the context of our prior discussions -
West: All right, All right! I'll take all this under advisement. I'll rule
tomorrow.
Lindsay: Your Honour, I would ask that you release Miss Frutt on our own
recognisance pending your decision.
West: I can live with that. O.R. Adjourned till tomorrow. (bangs gavel)
Leonard's jail cell.
Rebecca: (coming in) You can go. Your case has been dismissed.
Leonard: Thank you, God.
Rebecca: You're the only one to catch a break this week, Leonard. You know
that heroin you bought? Lab results show that it wasn't heroin. It was
some brown confectionery or something. That's how gone you are, Leonard.
Even the dealers -
Leonard: I can go now?
Rebecca: Right now.
Leonard: Good. Not a second too soon. I need a fix.
Rebecca: You know, I can't stop you from going to get your fix, but don't
you ever come into our office again and bring that stuff. Ellenor Frutt is
in a lot of trouble right now because of you.
The conference room, where Kevin Michaels' deposition is taking place.
Bobby: By your own admission, this affair, it was consensual?
Kevin: Yes, but I feel that after it ended, this letter was not a ringing
endorsement. That was clear to anybody who read it.
Bobby: Well, did it say anything negative?
Kevin: No, but it wasn't glowing. I think it was what she didn't say that
was conspicuous.
Bobby: Is it possible that you weren't that great a clerk?
Kevin: It's possible, but... (he trails off)
Bobby: But what?
Kevin: Well, I don't think she had the opportunity to really know whether
I was a great clerk or not.
Bobby: Why's that?
Kevin: Once our personal relationship began, the only thing that
transcribed in her chambers was sex. For the last seven months, we
probably made love two to three times a day, sometimes four.
Bobby: (in disbelief) Four times in one day?
Kevin: One day, I think we hit eleven. She was insatiable.
Bobby: (lost in thought) Wow. (back on track) Are you claiming that in any
way it was against your will?
Kevin: (haltingly) No no, It was the most amazing... Look, I didn't
complain. And if she tried to seduce me again today, I can't honestly say
that she wouldn't succeed, knowing how... Look, my point is that what
chance did I have to excel at being a clerk when all we did was -
Bobby: Mr Michaels, why did you ask her to write a recommendation in the
first place?
Kevin: It was probably a mistake. I just figured, I don't know, I mean, if
a woman can't get enough of your penis, chances are she'll write a decent
letter.
Kittleson: (after a pause and leaning forward) Uh, can we go off the
record here a second? Kevin, I will write you a superlative
recommendation, right now. Maybe a call or two, I could get you a job in a
second. How about I do that? Can we call off this lawsuit?
Kevin: It's a little late.
Kittleson: No, it isn't. (pause) This isn't about you getting a job,
Kevin, it's about getting me.
Kevin: Excuse me?
Kittleson: You're obsessed with me. Does your lawyer not know that?
Kevin: (he scoffs at that, and then looks at her) You're sad.
Kittleson: Am I? (she pauses again) I could give an erection from across
the room, we both know that. (another pause, no one moves) Go ahead. Stand
over there, I'll prove it. (Kevin doesn't move) Probably getting aroused
right now. (commanding) Stand up, Kevin.
Long pause. Jimmy carefully tries to sit up straighter to see over the
table.
Milton: (warningly) Hey. (Jimmy sits back down) Let's just go back on the
record.
-------------------- Commercial --------------------
Bailiff: All rise. (they rise as Judge West enters) Be seated (they sit)
West: A man gets chased into an office. Leads to a search, turns up a
knife. Somebody somewhere has an idea as to what's going on here, but it
isn't me. The search of the desk drawer was valid. As far as the murder
charge, possession of the weapon alone does not constitute probable cause,
at least not to me, under these circumstances. That count is dismissed. As
far as the charges of concealing evidence and obstruction of justice,
those counts stand. The defendant is bound over for trial, personal
recognisance. We'll conference (he checks his calendar) Tuesday, ten
o'clock. (bangs gavel) Adjourned.
The hall outside the courthouse. It is packed with reporters as Bobby and
co. try to get through.
Reporters: Miss Frutt? Did you help George Vogelman get away with murder?
Do you know who killed Susan Robin, ma'am?
Bobby: Come one, let us through.
Reporters: Where did the knife come from? If you could just answer a few
questions-
Their questions are cut off as the lawyers enter an empty room and Eugene
shuts the door. There's a long pause.
Bobby: We'll beat it, Ellenor. Every one of us is on it. If we have to
drop every other case to fight this, it's done.
Eugene: As of right now, George Vogelman is the enemy.
Ellenor: Why?
Eugene: Because one of the alternative defences will have to be he planted
that knife.
Lindsay: Which is possible, by the way.
Ellenor: No, it isn't.
Bobby: Ellenor, look at me. (she looks at him) Everyone in this room
stands ready to go to war for you. But you have to let us.
George Vogelman's jail cell.
Eugene: Here's the deal, George. The police seem determined to put you on
trial again for killing Susan Robin.
George: (confused) But how can they? I was acquitted.
Eugene: Well, they're gonna end run double jeopardy with concealment,
obstruction of justice, perjury and relevant to proving the case the
question of whether you committed murder will be played out again. And if
you get convicted on perjury and concealment, the judge is going to take
everything into consideration when he sentences you.
George: What are you telling me?
Eugene: I'm telling you you could be looking at twenty years.
George: (stunned) This.. this isn't fair.
Eugene: No, it isn't. And it doesn't get better. You need to get another
lawyer. Our firm withdraws. Your new lawyer can contact us, and we'll
release the files. (he leaves)
Donnell, Young, Dole and Frutt -
Bobby: Jimmy, my office. Everybody else, in the conference room. Your
Honour...
Kittleson: (stopping before Lindsay) Oh, hello. I'm Roberta Kittleson.
(Bobby looks worried, and hovers over the conversation anxiously)
Lindsay: (smiling stiffly and nodding) Lindsay Dole.
Kittleson: Yes, I know. You have quite a reputation at the courthouse.
Lindsay: (with a completely different meaning) So do you.
Bobby: (putting a stop to the conversation) Uh, you can go in.
Bobby's office.
Bobby: Pretty simple. Ten thousand and a better recommendation and we
close this today.
Kittleson: Why should I give him money?
Bobby: Because he's looking to save face and it goes away now. Merits
aside, this will look bad for you if it goes public. Let's keep it sealed
and be done. Can I tell him yes?
Kittleson: I suppose.
Bobby: Great. I'll draft some papers, have you sign them -
Kittleson: (heartfelt) Bobby, thank you.
Bobby: (brushing it off abruptly) I'll be in touch.
He walks out.
Jimmy: (nervously) This is a really good result. Put this down today -
good result.
Kittleson: Yes. And thank you too, Jimmy.
Jimmy: (still nervous) Listen. Maybe you wanna get a glass of champagne
later? Toast our victory?
Kittleson: (happily surprised) Oh. Would you like to that?
Jimmy: Well, only if you would.
Kittleson: Sure.
Jimmy: Good.
Cut to Eugene, Ellenor, Bobby, Lindsay and Rebecca in the conference room.
Eugene: There are two possibilities. Somebody's out to frame George
Vogelman, or he's guilty.
Ellenor: If Gerorge were guilty why would he put the murder weapon in my
drawer? What good does that do him?
Eugene: Well, Ellenor, if he's guilty we can forget what makes sense. He
cut off a head.
Jimmy walks in and quietly closes the door behind him.
Lindsay: Plus, this could be some kind of fixation thing with you.
Ellenor: What?
Lindsay: Loner, perhaps once in love with you, you dumped him. I mean,
maybe when he first cut off the head he brought it to you like a cat
showing off a dead mouse.
Ellenor: Oh, come on.
Lindsay: Ellenor, if he's sick, he's sick.
Bobby: But why the knife in the drawer?
Lindsay: I don't know. To keep things alive, to keep a connection with
Ellenor, maybe.
Bobby: That doesn't seem like a -
Lindsay: (pointedly) Obsessed people do crazy things, Bobby.
Eugene: Look, let's all admit we don't know George Vogelman, but he's
exactly the profile. Nice guy delivering mail one day, walks into
McDonald's the next.
Ellenor: That isn't George.
Eugene: Then who, Ellenor? This doesn't make sense.
Ellenor: Look, we figured he was set up the first time. If someone could
put a head in his medical bag maybe they're doing the same thing again
with the knife.
Bobby: If someone wanted to frame George with the knife, it would have
turned up before he was acquitted. Why hold the knife back? How stupid
would that be?
Eugene: Maybe they didn't have the knife at first.
Bobby: (incredulous) Didn't have it? If he was set up with the head in the
bag it would've had to have been by the killer who would also have the
knife.
Lindsay: (frustrated) This just doesn't make sense.
Long pause.
Rebecca: It's the police. (everyone looks at her and she continues after a
pause, warming up to her explanation) The knife turned up after the trial.
And because of double jeopardy the only way to make use of it was to plant
it here, and set up a perjury obstruction of justice charge.
Lindsay: That's a bit of a reach.
Rebecca: This trial embarrassed them. And just like Eugene and Helen said,
there is a mission to get George. (she pauses) And I know how they did it.
Cut to Leonard's apartment. Rebecca, Ellenor and Eugene are confronting
Leonard.
Leonard: I don't - I don't know what you're talking about.
Rebecca: Yes you do, Leonard. See, what didn't make sense, nobody buying
heroin, especially someone so experienced as you, is going to walk off
with sugar. The reason it was sugar was so the case against you would
eventually get dropped, which you seemed to see coming. Something that
also confused me a little, when I went to your cell and said you could go,
you weren't surprised. The police sent you running in there to drop that
bag to allow them to search Ellenor's desk. Where the knife was either
planted then, or sometime before.
Ellenor: (gently) Leonard, is that what happened? The police sent you
running into my office? (he doesn't look up)
Eugene: Leonard, you're not gonna get arrested or prosecuted on this if
you tell us the truth, I guarantee it. Police misconduct, coercion, trust
me, they can't touch you. But if you don't tell us the truth, if you go
along with the police trying to frame Ellenor, a person who has been very
good to you, a person who has been saving your ass for the last ten years,
if you don't come clean, and we find out, (he moves close to Leonard and
puts his face right next to his) I will hurt you.
Leonard: (after a pause) They caught me with some stuff again. Said if I
do this, they'd let me go. (beginning to cry) I'm sorry, Ellenor. I'm
afraid of prison.
Rebecca, Eugene and Ellenor look at each other.
The courthouse, reporters are all jostling each other as a statement is
being issued.
DA: So far it appears to be limited to a select group of officers. We've
arrested three uniforms and two lieutenants in forensics.
Reporter: Where was the knife found?
DA: It's unconfirmed, but the weapon was evidently found in an abandoned
car. We don't know by who at this point.
Reporter: After the Vogelman trial?
DA: That's my understanding. (cut to the lawyers in the conference room,
watching the report on TV) I would like to stress this does not represent
the Boston police department. These officers are a disgrace to the force.
Police Chief Sullivan will be conducting a press conference shortly to
address this further. Thank you.
Reporter (on the broadcast): Can you release the names -
She is cut off as Bobby turns off the television. There is a long pause as
they all look at each other.
Bobby: I still can't believe it.
Lindsay: How could they be so brazen to think they wouldn't get caught?
Eugene: They almost didn't.
-------------------- Commercial --------------------
We see a fancy restaurant, where Jimmy and Judge Kittleson are having
champagne.
Kittleson: So, this was all staged just to get a warrantless arrest?
Jimmy: Figured we had a weak link in our chain with Leonard.
Kittleson: How many officers involved?
Jimmy: Well, investigations just starting, but so far they think five.
Kittleson: Unbelievable.
Jimmy: Yeah. Anyway, at least things ended well. (she nods) Here's to your
case.
Kittleson: (smiling) Yes.
They clink glasses and drink.
Kittleson: Tell me, Jimmy. Do you typically toast victory with all your
clients? Or did all that sex talk make you curious? (Jimmy chokes on his
champagne, and she smiles) I'm sorry. But you can be honest.
Jimmy: Well -
Kittleson: Just between you and me, which part of the testimony was your
favourite? (camera cuts to under the table, where she is massaging Jimmy's
knee, he looks speechless) Do you remember?
Jimmy: (stutters) My mind's a little blank at the moment
Kittleson: (seductively) I'm sure it is.
Jimmy looks uncomfortable.
Cut to Helen and Lindsay's apartment, where they are watching a news
broadcast.
Joy Schenk (news reporter): George Vogelman was released shortly after,
hoping, I'm sure, he's been arrested for the last time. Asked for comment,
he politely declined.
Helen flicks off the TV.
Helen: (turning to Lindsay) Poor guy. Course he could still be guilty.
Lindsay: (warningly) Don't go there.
Helen: (changing the subject with a quizzical look on her face) Where's
Bobby tonight?
Lindsay: (evasively) We're kind of fighting a little.
Helen: (nodding understandingly) Hmmm. Over his representing Judge
Kittleson? (she smiles chidingly) Lindsay, she's a hundred and two years
old.
Lindsay: She's fifty-six.
Helen: You think Bobby's attracted to her? (the doorbell chimes in the
background, Helen sighs) Oh well, here he is. Kissy kissy make up time.
Lindsay smiles and gets up. She opens the door to see Ellenor outside.
Lindsay: (surprised) Hey.
Ellenor: Hey.
Lindsay: Come on in.
Helen: Hi.
Ellenor: Hi. (Helen gets up and leaves) Wow. Some place.
Lindsay: Yeah, well. I make a lot of money.
They both smile uncomfortably.
Ellenor: Listen, I never got a chance to thank you for defending me.
Lindsay: (embarrassed) I lost the motion.
Ellenor: Yeah. (she pauses)
Lindsay: You okay? (Ellenor looks at the floor) What's wrong?
Ellenor: Nothing, nothing. It's uh - (she thinks) When I think about why I
practice law, my mind always goes to the little guy, you know, the
Leonards, the people that I fight for. And after ten years, for him to
just sell me out -
Lindsay: Ellenor, he's a drug addict.
Ellenor: No no no, let me finish. I've been sitting home for the last two
hours, feeling sorry for myself. Thinking that nobody's loyal. There's
just no such thing as - And then my mind went to how all of you stood up
for me, dropped everything. I'm sorry for the way I've treated you lately.
I think that this whole partnership thing has blinded me to, I don't know,
to what it really means to have true partners. I know I have them. I
especially know you're one of them.
Lindsay: (sincerely) Thank you.
Ellenor: Well, that's all I came to say. (she smiles) See you at work.
Lindsay: (smiling too) Okay.
Ellenor walks out and Lindsay closes the door behind her, turning around
deep in thought. She sighs and smiles slightly.
-------------------- End --------------------
* I don’t know if this is related, (it probably is, you never know) but
look at the name of this business, “Moreno Medical Associates”. In The
Practice credits, Alfonso H. Moreno is a writer. In the third season, he
co-wrote Swearing In, Target Practice, Crossfire and Home Invasions!
© Ryana's The Practice Page
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