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| "PayBack" - Transcript Done by Kelly |
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"Payback" (TP-512)
Written by: David E. Kelley (?)
Directed by: ?
This is just a straightforward transcript of the episode "The Thin Line".
This is just for enjoyment, I do not profit from this so please don't sue
me.
This transcript was done by Kelly, [email protected]
(a HUGE HUGE thanks for the actual dialogue to my new partner in crime,
Arthur-- visit his amazing site here.)
************************************************************
---
At the police station. Mike, Richard, and a public defender, walk into a
room where Alan Neel, the hitman, is sitting. Mike sets a tape recorder
down on the table.
Alan: I asked for my lawyer.
Richard: This is Bernard Shanly. He’s a public defender.
Alan: I don't want a public defender. I asked for Bobby Donnell.
Shanly: Mr. Neel, I'm going to advise you to just listen now.
Alan: You listen. Beat it.
Mike: Shut up, Alan, and just don't talk for a second. (Sits down next to
Alan) You have a problem, Alan. The man you killed was a bit of a security
freak. He had cameras. One of them picked you up entering his house. He
also managed to activate his phone machine, which partially recorded an
exchange between you two. (Presses play on tape recorder.)
Alan's voice: "You picked the wrong girl to terrorize. Bobby Donnell is a
friend of mine. We got kind of an arrangement going. I kill people. He
gets me off. Over the years, I'm in his debt pretty good, so when he calls
in a favor –
Hinks' voice: I have a silent alarm. The police are on their way as I
speak.
Alan: Then I'd better not waste time.
Hinks: Before you touch me, you should know -- I have cooties.
Alan: Well, you're a funny boy.
Hinks: Please!"
(we hear Hinks start to choke... :( ) (Mike stops the tape.)
Mike: You see, Alan? I don't think Bobby Donnell is the lawyer you want to
be calling.
---
In the office. Rebecca, Jimmy, and Lindsay have their hands on Lindsay's
stomach. They're happy. Very cute.
Lindsay: Did you feel that?
Rebecca: Ooh, I felt it.
Jimmy: I didn't.
Lindsay: You didn't feel that?
Rebecca: Oh, come on.
Lindsay: What about that?
Jimmy: That I felt. (Bobby smiles from across the room.) Is that normal?
(Phone rings and Lucy answers.)
Ellenor: Hey, Jimmy, how come you never ask to feel my stomach?
Jimmy: Oh, don't start with me, Ellenor. (Jimmy walks away.)
Lucy: Bobby, Alan Neel.
Bobby: What about him?
Lucy: He’s been arrested for William Hinks’ murder. (no reaction from
Bobby. Lindsay is a little perplexed though)
Bobby: Arrested when?
Lucy: Last night. They got him in lockup. He's being arraigned at 9:00.
---
In the jail cell
Bobby: (To guard) Privacy.
Alan: Bobby --
Bobby: Calm down.
Alan: Bobby, they know. They got it on tape.
Bobby: Keep your voice down.
Alan: He had some recorder thing going.
Bobby: Who?
Alan: Hinks -- the guy you had me whack.
Bobby: Hey, I didn't have you –
Alan: They got it on tape!
Bobby: Alan, calm down. (he really is freaking out-- odd to see, given the
size of this guy)
Alan: They want me to turn state against you.
Bobby: What?
Alan: They got me on tape, how, you know, you sent me –
Bobby: Who wants you to turn state?
Alan: The cops... and that midget DA. Bobby, they got us both.
Bobby: What exactly do they have on tape?
Alan: Me telling Hinks that you sent me.
Bobby: (Moves in closer to Alan) All right, first, I never sent you to
kill him.
Alan: Oh, come on.
Bobby: I said scare him.
Alan: Now come on, Bobby.
Bobby: I never said –
Alan: Look, we're in deep here. If you're going to turn against me –
Bobby: I'm not turning against you, I'm just -- .
Alan: Okay, okay. We need each other. We're in trouble, so, look, let's
just get on the same page here and admit that you had me kill the guy.
(Bobby stares/glares at Alan as he figures out he’s being set up.) What?
Bobby: I did not have you kill him. I'll be seeing you, Alan. Guard!
(The guard opens the door, Bobby walks out and sees Mike, Richard, and
another police officer coming toward him.)
Mike: Bobby Donnell...
Bobby: What's going on?
Mike: I'm sorry.
Richard: Mike.
Mike: (uncomfortably) You're under arrest for the murder of William Hinks.
(Bobby sighs and the police officer handcuffs him.) You have the right to
remain silent. Anything you say can and will be used against you in a
court of law. You have the right to an attorney. If you cannot afford an
attorney, one will be provided for you. (i think he's got that part
covered, Mike...)
---
In the office
(Lindsay has apparently just heard the news. Close up on her face, which
is very very surprised)
Lindsay: What?!
Lucy: It just happened. He's being arraigned this afternoon.
Eugene: (Already has his coat and briefcase and is on his way out) I'm on
my way.
Lindsay: I'm going, too. (Goes to grab her purse-- they stare at her) He's
my husband.
Eugene: No, Lindsay –
Lindsay: I'm certainly entitled to –
Eugene: You're seven months pregnant.
Lindsay: So what?
Ellenor: He's right, Lindsay.
Lindsay: (betrayed) Ellenor!
Ellenor: You don't want to stress yourself into miscarrying. Stay here.
(gee, don't think the 'no stress' thing is working-- poor Linds)
Eugene: I'll call you. (To Jimmy) Jimmy, come on.
(Eugene and Jimmy leave as a woman, Karen, walks in.)
Rebecca: Karen?
Karen: Hey, Bec. Can I talk to you?
Rebecca: Well, sure. Is everything okay?
Karen: I think I'd like to hire you. Are you free?
Rebecca: Let’s go in here.
[Cut to the conference room]
Karen: It's their fault, Rebecca. Why shouldn't they take responsibility?
I'm a widow because of them.
Rebecca: Maybe they should, but to hold an employer liable for an
employee's suicide –
Karen: They worked him so hard. They verbally abused him.
Rebecca: Law firms push associates all the time. They all work long hours.
Karen: This went beyond that.
Rebecca: We both know Keith suffered from depression.
Karen: Which they were responsible for.
Rebecca: Well, did any doctor say that?
Karen: Look, Rebecca, you're my friend. If you won't help me –
Rebecca: Of course I'll help you. I'm just saying that your husband
suffered from a pre-existing mental –
Karen: That law firm drove him to suicide, and I want to sue them.
Rebecca: Was it foreseeable to you that Keith was going to take his life?
Karen: (in an 'of course not' tone) No.
Rebecca: Then how do we really argue it should have been foreseeable to
them?
Karen: Please... I just need to do this. They -- I need your help.
Rebecca: All right, let me set up a meeting.
Karen: I'd like to file a complaint contemporaneously with the meeting,
let them know we're serious about this.
Rebecca: First let me meet –
Karen: No. Just file the complaint, then we'll meet with them and go from
there. Please? It can just be boilerplate, but it'll send a message.
Rebecca: Okay, but I have to tell you, Karen, I'm only doing this out of
our friendship. As a lawyer, I don't see much merit in this case.
Karen: They killed him, Rebecca. They drove him to take his life.
---
In a jail cell
Bobby: I guess they're going solicitation. I kind of went into shock when
he was reading me.
Eugene: Wait a second. Alan Neel really did kill Hinks?
Bobby: Yes.
Eugene: And how did they connect it to you?
Bobby: I met with Alan the night before. I told him to scare Hinks.
Eugene: What do you mean you told him to scare him?
Bobby: I just –
Eugene: Scare Hinks?
Bobby: Yes, Hinks. He killed his shrink. He was threatening Lindsay. I
told Alan to put the fear of god in him, and now Alan is evidently
claiming that I asked him to kill Hinks. He was wearing a wire. I think
he's made some kind of deal, and now they're after me. They're after me.
---
Courthouse. They bring Bobby in with cuffs on.
Foreperson: Case 32899, Commonwealth Vs Robert Donnell. Breaking and
entering with intent to commit felonious assault, conspiracy to commit
murder and felony murder, and murder in the first degree.
Eugene: Eugene Young for the defendant. We enter a plea of not guilty on
all counts. I also ask that my client be released on his own recognizance.
DA: Given the severity of the charges, the Commonwealth opposes bail.
Eugene: He's not a flight risk, nor is he a threat to society.
DA: Unless you get him mad.
Eugene: I don't find that funny. (good, cuz it was LAME) Obviously Mr.
Donnell has strong roots in the community. He's a respected member of the
bar –
DA: I don't know to which bar my colleague is referring. (alright, he's
trying to be Hinks, it isn't working for me...)
Judge: I'm setting bail at $100,000, $10,000 bond. Let's conference later
for a trial date. Anything else? Adjourned. (Bangs gavel)
(Lindsay, who’s sitting in the courtroom, anxiously gets up.)
Jimmy: We'll get the bail posted. It'll take about an hour.
Bobby: Okay. (Lindsay walks up. To Lindsay) Hey.
Lindsay: (touches his chest-- she likes doing that :)) You okay?
Bobby: Yeah.
Officer: We got to take him.
Lindsay: I'm going with him.
Officer: I don't think that would be –
Lindsay: Then don't think, then. I'm going. (They leave.)
Eugene: (To Jimmy) You hear the counts?
Jimmy: Yeah.
Eugene: They're not just going solicitation. They're charging first
degree.
---
In the office
Rebecca: (On the phone) Okay, 4:00. I appreciate that. Thank you. See you
then. (Hangs up phone.) There's a surprise. He's coming here.
Ellenor: Who?
Rebecca: The managing partner of the law firm Karen wants me to sue.
Ellenor: Rebecca, don't get me wrong. I love the underdog, but –
Rebecca: She's a friend. She wants to do it. Maybe I can scare up some
nuisance change. Who knows?
(Bobby, Lindsay, Eugene, and Jimmy walk in. Bobby and Lindsay walk into
his office. Eugene and Jimmy stop in front of Lucy’s desk.)
Lucy: How'd it go? (silence)
---
In a conference room at the DA’s office. There’s about 5 DA’s sitting at
the table, including Richard, with the lead DA, Martin Toomey-- ugliest
person *I've* ever seen-- standing beside a strategy board.
Martin: Obviously it all comes down to the credibility of Mr. Neel. The
reason for this assemblage -- I do not want this one slipping away. Robert
Donnell is an enemy to this department. Three years ago, he tipped off his
drug clients to an upcoming police raid, which led to the shooting death
of two officers. He has routinely manipulated the judicial process to
prevent murderers from being incarcerated, and he has embarrassed us all
while doing so. As far as this office is concerned, this prosecution is
payback. Now, you will all be assigned specific roles –
Richard: Excuse me.
Martin: Yes?
Richard: Nobody wants to beat Bobby Donnell more than I do, but this thing
being politicized...
Martin: I beg your pardon?
Richard: It's one thing to charge him on the facts of this case, but his
previous history with the department should have no bearing on this
prosecution, and I think a departmental vendetta –
Martin: That's not what this is.
Richard: It sure sounds like it.
Martin: Bobby Donnell’s previous history with this department is only
relevant to the extent that it will be played up in the press. Given the
added attention to this case, I'm concerned from a public relations
standpoint, and therefore I think it's important that we all do a good
job.
Richard: That's not what you said, Martin.
Martin: That's what I'm saying now, Richard. May I continue?
---
In Bobby's office
Lindsay: Why didn't you tell me?
Bobby: Please don't start.
Lindsay: I'm not trying to start, Bobby, but you bring this Neel guy in,
you tell him to scare Hinks, Hinks ends up dead, and you say nothing to
me? It had to have been eating you. (Eugene walks in)
Eugene: Could I have a second with him?
Lindsay: (Staring at Bobby) Sure. Why should I know what the hell is going
on? I'm only married to him. (Lindsay gets up and leaves and Eugene sits
on the arm of the couch.)
Eugene: They're giving Neel manslaughter -- 20 years.
Bobby: In exchange for his testimony against me?
Eugene: Yeah. I'm bringing a motion to kick a couple of counts, the most
serious being felony murder. That's where you're the most vulnerable.
Bobby: Felony murder? How can they charge that? (Stands up)
Eugene: Breaking and entering.
Bobby: Oh, please. That can't stand.
Eugene: Well, if it does, you're in trouble, and I don't need to tell you
that. (Stands up) I'm going to say this once because I have to say it
once, then I'll move on. Your sending a known criminal, a murderer, no
less, to visit Hinks was perhaps the dumbest thing I've ever known you to
do. You put yourself at risk, you jeopardized this firm. Now, I know you
were acting as a worried husband, but, Bobby, if stupidity were a crime,
your ass would be serving life. (Bobby kind of nods his head as if he
knows this.) Now let's turn to your defense.
Bobby: Before we get to that, Eugene... I'm about to have a baby. I'm
going on trial for murder. I'm in no position... I should say condition to
be running this firm. I won't be till this thing is over. I'm appointing
you pro tem senior partner.
Eugene: We don't need to talk about that.
Bobby: Yes, we do. This firm, more than ever, needs strong leadership, and
at the moment, I can't provide it. I'm not passing on a title here. I'm
just assigning responsibility.
Eugene: Okay.
---
In the conference room
Bannish: I worked all the associates. We were doing massive class actions.
Karen: You worked Keith in a way –
Rebecca: Karen. (To Mr. Bannish) Mr. Bannish, I obviously know what it's
like to work in a law firm.
Bannish: Can I stop you there, Ms. Washington? With all due respect to
your practice, you have no experience with class-action product liability
work. Keith was on a toxic waste case involving 3200 plaintiffs. This kind
of –
Rebecca: I understand that, and I know associates are expected to put in
long hours, but you also know, sir, the eggshell doctrine and –
Bannish: Meaning?
Rebecca: Meaning you take your plaintiffs as you find them, and the fact
that Keith had an underlying psychological condition is not a complete
defense.
Bannish: Look... I loved Keith.
Karen: Oh, please.
Bannish: Whether you want to believe that, Karen, I did, and his death was
shocking to all of us, but we never, ever verbally abused him.
Karen: Did you call him at 1:00 in the morning?
Bannish: Yes, but that's the job.
Karen: He asked for time off the week before his death. You wouldn't even
–
Bannish: It was also a week before the trial. I couldn't.
Rebecca: All right, look, Mr. Bannish, we're not blaming you for Keith’s
death.
Karen: I am.
Rebecca: Karen. (To Mr. Bannish) We're merely saying a lot of factors came
into play.
The pressure of work, the long hours -- those were some of the factors.
We're suggesting you take some responsibility.
---
In hall of courthouse
Martin: Richard. Listen, I thought about what you said, and, well, I
agree. It would be wrong to politicize this. It's also probably overkill
to assemble a big army of district attorneys, so I'm scaling it down.
You're no longer on the case. We'll have you reassigned. Thanks for your
work thus far.
Richard: I'm off the case because I don't like what you're doing?
Martin: Again, thank you for your work to date.
---
Conference room. All are present.
Eugene: First priority -- we need to kick the felony murder charge. If
that count stands, all they really need to prove is that Bobby sent Neel
to break into Hinks' house. It's no defense that he didn't intend for
Hinks to be killed. This count must be dismissed. Ellenor.
Ellenor: I'm already on it.
Eugene: Second, privilege. This is huge. We have to go after Neel's
credibility. Unfortunately, a lot of stuff we have on him we learned
through attorney/client privilege. Now we need to be able to use it.
Lindsay?
Lindsay: Got it.
Eugene: Third, they gave Neel manslaughter. I'm not sure you can tag
conspiracy charges with manslaughter. Bobby, why don't you research that?
There's no reason we can't put you to work.
Bobby: Thanks.
Eugene: Fourth... This firm. (Sits down) We're in trouble. We may be a
partnership, but the face of this place is Bobby. Even if we beat this,
our reputation has taken a big hit. Clients may want to bail on us.
Potential clients will be less likely to come. I want to retain a
publicist. That could be expensive, but we need to do it. Also, we have
two partners about to have babies. We need to hire. As of now, we have a
hiring committee. Ellenor, Lindsay, you co-chair. Next, time sheets --we
do them now. We have to become as systemized as we can because right now
clients will be looking for us to fall apart. Disorganization -- any
disorganization will fuel that perception. (Lucy pops in.)
Lucy: Rebecca, Walter Bannish is here. (Rebecca walks out.)
Rebecca: Mr. Bannish.
Bannish: Hello. Look, I still contest any liability on our part. But the
negative publicity of a lawsuit -- I don't want it out there that we're a
sweatshop. So I'm willing to make an offer to make this go away. One time
offer, take it or leave it.
Rebecca: Okay. What is it?
Bannish: $500,000. (Rebecca tries to hide her surprise.)
Rebecca: Payable now?
Bannish: Payable upon signing the release, yes, and a complete
confidentiality agreement.
Rebecca: Well, I will take it to my client and let you know tomorrow.
Bannish: Thank you.
Rebecca: No, thank you.
Bannish: Good night.
(Mr. Bannish leaves. Ellenor walks out. Rebecca still looks surprised.)
Ellenor: Bec?
Rebecca: You remember my suicide case -- wrongful death, no merits?
Ellenor: Yeah. It was your friend.
Rebecca: Nuisance change just came in -- $500,000.
Ellenor: (Surprised, too) What?
Rebecca: What are we missing?
---
In Helen's office
Richard: I'm not saying the case against him is bogus. It isn't, but
there's a lynch mob mentality going on which is bogus.
Helen: They don't really think Bobby ordered a hit, do they?
Richard: It doesn't matter. They're out to get him, and they think he was
at least reckless, which is all they may need to prove. (Lindsay walks in,
troubled and desperate.)
Lindsay: Helen.
Helen: (Stands up) Lindsay.
Lindsay: Make it go away.
Helen: Lindsay, I'm not sure –
Lindsay: I'm calling in a favor. Make it go away.
Helen: Lindsay, I can't. This is upstairs.
Lindsay: Then take the stairs, Helen. Do whatever you have to do, but make
it go away. (She leaves as quickly as she came in.)
---
In Bobby and Lindsay’s bedroom. Lindsay is shirtless, looking at her
pregnant belly in the mirror. Bobby looks from behind. Cute PJs, dude.
Lindsay: (Smiles) What?
Bobby: (Smiles) I'm just looking. (Lindsay turns around and Bobby walks
toward her.) I'm sorry. He -- I got so afraid that he really might hurt
you, and the reason I didn't tell you is because I knew this is not the
kind of stress you need right now.
Lindsay: Bobby, I'm your wife.
Bobby: I know this. (Bobby walks closer to Lindsay and they hug.)
Lindsay: What happens tomorrow? (She sits on the bed.)
Bobby: We have a motion to dismiss the felony murder count.
Lindsay: If you lose...
Bobby: Lindsay, their whole case is the word of a career criminal. They
can't satisfy their burden with that. They just can’t.
Lindsay: I've never seen you look so scared. We'll beat this, Bobby. We'll
put the whole firm on it if we have to.
---
In Bobby's office
Karen: That's fantastic.
Rebecca: Yeah, I thought you'd be pleased.
Karen: Well, I he admits he's responsible after all.
Rebecca: I can't quite believe it, but --
Karen: Thank you so much, Rebecca. You have no idea how much I could use
this money, too. And I'll get it today when I sign the confidentiality
agreement?
Rebecca: I never mentioned any confidentiality agreement. How'd you know
about that?
Karen: Oh, well, I'm assuming. My husband was a lawyer, Bec. I know how
these things work. I'm assuming the settlement will be sealed.
Rebecca: Well, why don't you fill me in on how things work, Karen, or how
they're working here?
Karen: I'm sorry?
Rebecca: Nobody hands over $500,000 after one meeting. No discovery, even.
He just says, "Okay, here's a check." What's going on?
Karen: I might ask the same question.
Rebecca: Don't lie to me. We've been friends a long time, and you tapped
into that friendship to get me to represent you here. Be straight with me,
Karen, or I'll start asking my questions in other places.
Karen: (Stands up) Walter Bannish embezzled a lot of money from client
trust funds, and Keith went along with it. And his guilt, I'm convinced,
contributed to his depression. I went to Mr. Bannish, and I accused him of
contributing to my husband's suicide, and I wanted to be compensated.
Rebecca: So why didn't he just pay you off then?
Karen: He said, "It sounds like you're accusing me of wrongful death.
Perhaps you should sue the firm, and then we'll settle the matter."
Rebecca: He needed to be sued to get his firm to pay the money. And that's
why you insisted I draw up a complaint and file it so he basically could
defraud his own partners. (Stands up) Karen, this is extortion. I won't be
part of it.
Karen: Excuse me, Rebecca, but you're not a part of anything but a
legitimate lawsuit. I went to Mr. Bannish, and he advised me I'd have to
sue him before he'd give me a nickel, and I did sue him, and we've settled
the matter. You have no evidence of extortion.
Rebecca: Karen –
Karen: Please notify Mr. Bannish I accept his offer. (Grabs her things and
walks to the door.) By the way, no need to thank me for the easiest
contingency you've ever earned in your life. Over $150,000 for one day's
work. You're welcome. (Leaves)
(bitch!!!!)
---
In the courtroom
Ellenor: There is no legal basis for the charge of felony murder.
Martin: Breaking and entering a dwelling to commit a felonious assault is
a sufficient predicate to felony murder. There's case law –
Ellenor: To charge the person who did the actual breaking and entering.
There is absolutely no case law charging the alleged accessory with felony
murder.
Martin: Any person can be charged as an accessory to any felony.
Ellenor: Yes, well, no one ever has under these circumstances, and
suddenly, with Bobby Donnell –
Martin: Even if Bobby Donnell did not conspire to kill William Hinks, he
gave Mr. Neel William Hinks' address and dispatched him to his home. Mr.
Neel broke into that home. A murder resulting from a breaking and entering
is the exact scenario the legislature had in mind when passing the felony
murder rule.
Ellenor: There is no evidence that my client was a part of any breaking
and entering.
Martin: We have a statement from the actual killer. That would be
considered evidence.
Ellenor: Your honor, they know they can't prove this crime. They can't
show intent, so the prosecution is charging felony murder to circumvent
their burden of proof.
Judge: Yes, well, unless I'm missing something, that is one of the very
reasons we have the felony murder rule -- to lower the prosecution's
burden.
Ellenor: If you look at all the cases where this rule has been applied –
Martin: The function of the court is not to look –
Ellenor: There is no predicate felony to support these charges. This
amounts to selective prosecution against a defense attorney they don't
like –
Martin: There is absolutely no evidence of selective prosecution in this
case, and as for a predicate felony, you've got several -- aiding and
abetting a felonious assault, breaking and entering –
Ellenor: Bobby Donnell's wife was being threatened. He sent Alan Neel to
scare Mr. Hinks, to warn him. Alan Neel committed a supervening act of
murder, and now the prosecution is using the felony murder rule as a means
to get Bobby Donnell. That is what is going on. (Turn to Martin, the DA)
That's what's going on.
Martin: (Seems unaffected by Ellenor) Bobby Donnell sent a known killer
out to threaten a man. Is it really unforeseeable that a murder happened?
---
In the office
Lucy: (Stands up from her desk) Did he rule?
Jimmy: Not yet.
Ellenor: I'm sorry, Bobby.
Bobby: You did fine, Ellenor.
Ellenor: (Walking to her desk) I got my ass kicked. Let's just admit it. I
just got my ass kicked.
Eugene: He took it under advisement. Anything could happen.
Rebecca: (Gets up from her desk) Listen, I have a little problem myself.
My $500,000 settlement -- I think it was the result of extortion.
Bobby: How so?
Rebecca: Well, seems my client's husband and the partner of his law firm
were involved in some sort of embezzlement scheme. Karen, my client, tried
to extort Bannish. Well, he basically steered her to sue his law firm so
all the partners would have to pay her. I was used as a pawn.
Bobby: You know this for sure?
Rebecca: Well, I know the embezzlement went on for sure. My client denies
the lawsuit is anything but legitimate, but it's just -- it's too
suspicious. She demands to file a complaint. The defendant then makes an
offer with no discovery whatsoever. It's just way too suspicious.
Eugene: And what's your problem?
Rebecca: What's my problem? You have to ask me what's my problem?
Eugene: Unless you have proof the lawsuit is bogus. Do you?
Rebecca: No.
Eugene: Then accept the offer and be done with it.
Rebecca: Excuse me?
Eugene: Well, if you do anything the queer the settlement, your client
could have an action against us for the full amount.
Rebecca: This is not a money thing, Eugene.
Eugene: (Walks toward Rebecca) No, it's a legal thing, Rebecca. As I
understand it, you sued under the theory of wrongful death. The defendant
is settling under that theory. Accept.
Rebecca: But it's not that simple –
Eugene: We do not need to be sued by a client at this time, Rebecca. Do
you have specific knowledge that the lawsuit is bogus?
Rebecca: No.
Eugene: Is your client instructing you to accept the terms of the
settlement?
Rebecca: Yes.
Eugene: Then that's exactly what you do.
Rebecca: Fine.
---
At courthouse-- Helen has a piece of paper in her hand
Helen: Martin.
Martin: Helen.
Helen: What's with the summons?
Martin: Oh, all the witnesses are getting them, even those we can expect
to be cooperative.
Helen: Why do you want me to be a witness at all?
Martin: Well, Helen, Lindsay Dole is a friend. She asks you to pay a visit
to William Hinks to threaten him.
Helen: That has no relevance to Bobby Donnell’s actions.
Martin: Perhaps not, but you'll allow me to be curious.
Helen: I'm not going to be a prosecutorial witness against Bobby Donnell.
Martin: I wouldn't call on you to do anything but tell the truth.
Helen: Yes, well, experience, I'm sure, tells you that even the most
neutral witness finds a way to get in his or her bias.
Martin: Meaning?
Helen: The prosecution of Bobby Donnell is outrageous. You don't want me
on the stand. Trust me.
Martin: Thanks for the warning. When I do call you, I'll be sure to
declare you a hostile witness. (Packs up his briefcase and leaves.)
---
In the office
Jimmy: (Hangs up the phone.) The public defender representing Alan Neel is
Bernard Shanly -- two years out of law school. The DA must love him. He's
young, inexperienced. He's got a decent reputation for a kid, but he's a
kid.
Eugene: Where can I find this kid?
Jimmy: PD’s office. He's usually at arraignments, taking assignments.
Could visit him there.
Eugene: That's what I think I’ll do.
(Karen and Mr. Bannish walk into the office. Rebecca gets up from her
desk.)
Rebecca: Oh, you two came together, did you?
Karen: We came up on the same elevator.
Rebecca: Mm-hmm.
Bannish: Well, if we execute the documents, I'll give you a check.
Rebecca: Your other partners don’t even –
Eugene: Rebecca.
Rebecca: We can go in the conference room. (Rebecca exchanges a look with
Eugene before she enters the conference room.)
---
Courthouse (?)
Eugene: (To an officer) Excuse me. Do you know which one is Bernard Shanly?
(The officer points to Bernard and Eugene walks over to him.) Uh, Mr.
Shanly? Eugene Young. How you doing?
Bernard: Fine. Good to meet you.
Eugene: Likewise. Could I steal a second? (Bernard nods.)
[Cut to Eugene and Bernard sitting on a bench in the hall.]
Eugene: All I really want to do is talk to him.
Bernard: I just can't advise that.
Eugene: Could I ask why?
Bernard: Well until he signs his proffer, I don't want to do anything to
screw up the plea.
Eugene: Manslaughter -- 20 years. Can I ask, why'd you advise him to go
for that?
Bernard: Well, they have videotape of his going in, audiotape of the
attack.
Eugene: I understand, but his going in proves nothing and the audiotape --
well, I haven't heard it yet.
Bernard: I have. You can actually hear the beginning of the attack.
Eugene: Even so, can we be absolutely sure how the attack began? Is it
possible Mr. Hinks rushed him?
Bernard: Didn't sound like it.
Eugene: Didn't sound like it? I asked is it possible?
Bernard: Are you cross-examining me?
Eugene: I don't mean to, but if there is that possibility... Let's face
it, Bernard. William Hinks was a serial killer. The idea that he might
have tried to kill Alan Neel is not beyond –
Bernard: That didn't happen.
Eugene: Were you there?
Bernard: (Stands up) Look, what's your point?
Eugene: My point is for you to jump at manslaughter without so much as
considering all these options was bad lawyering, Bernard, and if there's
any way you can still wiggle out of the plea bargain –
Bernard: It's a good deal for my client.
Eugene: Bernard, you're young. The last thing you need to do –
Bernard: Please, don't patronize me.
Eugene: (Stands up) I'm not trying to patronize you –
Bernard: You are, and I don't appreciate it.
Eugene: You made a mistake. If it's possible to at all undo it –
Bernard: Why? To help Bobby Donnell? He's not –
Eugene: To help yourself. It's one thing to be thought of as
inexperienced. It's quite another to be considered a prosecutorial bag
man.
Bernard: Goodbye. (Walks away)
Eugene: Why do you think they asked for you, Bernard? The district
attorney singled you out. Why is that? (Bernard turns around.) Look... I'm
not trying to beat you up here, but you’re a defense attorney. You're one
of us, not them.
Bernard: I have to be on my client's side.
Eugene: Let me at least talk to him. I won't screw up your proffer. I just
want –
Bernard: No, I can't allow that. I can’t.
Eugene: Just tell me this, then. Is he going to say Bobby directed him to
kill Hinks, or will he just say he got the idea that that's what Bobby
wanted?
Bernard: There's nothing equivocal about it. (Walks toward Eugene.) He
will say Bobby Donnell hired him to kill William Hinks.
Jimmy: (Walks in from around the corner) Eugene, we're in.
[Cut to Courtroom. The judge walks in and sits down.]
Woman: Be seated.
Judge: The first issue -- whether a defendant may be charged with
conspiracy to commit murder when the one actually committing the murder is
convicted of manslaughter? The answer is yes. Prosecutors must be given
free reign to plea bargain. This falls within their discretion. The
defendant's motion to dismiss the conspiracy count is therefore denied.
Second issue -- felony murder. As a matter of law, if Mr. Donnell directed
Mr. Neel to break into the victim's house with the specific intent of
assaulting him, Mr. Donnell becomes an accessory, and both he and Mr. Neel
are guilty of felony murder. Whether or not Mr. Donnell actually did
instruct Mr. Neel, that is a question of fact, not law, and it is
therefore a jury question. Accordingly, defendant's motion to dismiss the
felony murder count is also denied. We are adjourned. (Bangs gavel)
Eugene: (To Bobby) Okay, we go to work, we get ready to go to trial.
Martin: (To Eugene) Mr. Young? Can we get together?
---
Lindsay comes running into Helen’s office again, crying this time.
Lindsay: What's going on?
Helen: Lindsay.
Lindsay: You have to stop it.
Helen: You need to calm down.
Lindsay: They're going after my husband. Why are they doing this?
Helen: You need to calm down. Look, I've let them know I'm against it, but
there's nothing else I can do. It's out of my hands.
Lindsay: I've never asked you for a favor.
Helen: Lindsay, if I could stop it, I would. Trust me. I think this
prosecution is out of line, but on the facts, there is a case.
Lindsay: (Nods, but is still upset) Why are they doing this?
---
Lindsay, Ellenor, Bobby, and Jimmy (NOT Eugene) walk out of the elevator
down the hall into their office, looking dejected. Lucy and Rebecca remain
silent as they enter.
Bobby: Okay, listen up. Nothing happened today that wasn't expected. We
figured it'd go this way. It did. Now we dig in. I dig in. I'm scared. I
won't lie about it. But the firm... Eugene, I think, has already
demonstrated clearly that he can run this shop and we can be just as
strong as ever. We cannot, cannot, cannot let ourselves become
demoralized. We have to stay together and support Eugene’s leadership.
Rebecca: I'm afraid I can't do that. I'm sorry. I don't mean... I find
Eugene’s leadership thus far to be a little frightening. Aside from being
autocratic, his direction to me to look the other way and rubber-stamp a
settlement I know was illegal –
Bobby: Rebecca –
Rebecca: Bobby, I want to say this to all of you, and I know the timing
stinks given the situation you're in, and I apologize, but Eugene
basically instructed me to go along with extortion, and the reason he did
so was fiscal. That contingency is something we could use right now. It
would be more expedient, let alone more profitable, to turn a blind eye.
Jimmy: Get off your high horse, would you, Rebecca?
Ellenor: All right.
Jimmy: No. We're up to our necks here. We don't need her preaching.
Rebecca: I'll say what I have to say. You all sat quietly and let Eugene
be the leader because his decision-making was dirty work, and you were
glad to let him do it. That settlement was extortion. Eugene's okay with
it, fine, but if his face is the new face of this firm, it's not the same
firm I know. (Jimmy walks over and opens the front door, directed at
Rebecca of course.)
Ellenor: All right, come on, let's not do this, not now.
Rebecca: (To Jimmy) I'm a partner here, Jimmy. You're not.
Bobby: All right! Now that's enough. We have to stay together now. (Eugene
walks in.)
Eugene: Now what?
Bobby: Nothing. What'd Toomey want?
Eugene: Let's go to your office. (To Lindsay) Lindsay?
(The three of them walk into Bobby’s office.)
Eugene: Okay, they've offered a plea. Aiding and abetting a felonious
assault. 2 1/2 years, one suspended. Disbarment.
Bobby: Right.
Eugene: What I would like to do... is chop that down to one year. (Lindsay
kind of shakes her head, as in no, and Bobby isn’t buying it either.)
Bobby: Eugene, cop to –
Eugene: Bobby, we may have a chance in outright acquittal –
Bobby: All they have is Neel’s word.
Eugene: I understand, and I can argue his motive to lie in exchange for
the plea bargain. The problem is that tape. What he said to Hinks -- that
precedes any motive to lie. Also, it's already playing all over the press
about those two cops that got killed, how you got them killed. Even if I
keep that out of evidence, which I should be able to do, the odds of the
jury not knowing about it... If you get convicted of felony murder, you
get life. Obviously, I'm hoping that won't happen, but the risk... the
risk. If I could get it down to one year, the disbarment might not have to
be permanent. You really have to think about it. I'll leave you two alone.
(Leaves)
Lindsay: I can't believe this is happening.
Bobby: There's no way I'm pleading guilty.
Lindsay: (Starts getting choked up) Bobby, we're about to have a baby.
Bobby: I'm not getting life in prison. It could never, ever happen.
Lindsay: I can't even think straight.
Bobby: It could never happen.
Lindsay: What if you do? (Walks to Bobby.) What if --what about, um, what
-- what about self-defense or maybe defense of others, maybe –
Bobby: (Starts choking up, too) The threat has to be imminent.
Lindsay: I don't understand how this can be happening.
Bobby: I'm not pleading guilty. I'll go to trial. I am not pleading
guilty.
The End
::sigh::
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Kelly's The practice Page
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