Bobby: You can’t lose control. You can’t seem erratic or volatile. You have to remain calm in that chair.
Eugene: It’s a little easier said than done.
Bobby: You’ll do it because of the stakes. You’ll do it.
Eugene: I can’t figure out how this happened. Custody battles, divorce. I know it can turn into a runaway hate, but Sharon and me, we get along. We still love each other. I know we both love Kendall. How’d this happen?
-------------------- Commercial --------------------
Helen’s office.
Mr Hayes: What’s wrong?
Helen: Well, I guess my radar.
Mrs Hayes: What’s going on?
Helen: Lynette, I could be way off, but I get a gut feeling with witnesses, and after listening to Randy Strunk’s testimony, it had a believable ring to it.
Lynette: You’re not serious.
Helen: There’s just a couple of things that don’t exactly make sense. I mean, after he took the car, he then returned to the same area. He didn’t change the plates, he acted like an innocent person...
Lynette: Why would I say he just stole my car?
Helen: Is it possible that you just thought that when he didn’t come back soon enough?
Lynette: No. He car-jacked me.
Helen: Mr and Mrs Hayes, can you just excuse us for a second?
Mr Hayes: No. What’s this about?
Helen: I need to speak with your daughter in private. Please. (they leave. Helen sits next to Lynette) Lynette. If you are making this up, a man could be facing jail.
Lynette: I’m not making this up.
Helen: He car-jacked you.
Lynette: Yes.
Helen: Look, I know it was your father that reported this to the police. Are you just sticking to the story you gave him?
Lynette: No. It’s the truth.
Another courtroom. Ellenor is questioning Eugene.
Eugene: If anything, Kendall needs to spend more time with me, not less.
Ellenor: How did Kendall get those drugs?
Eugene: He got them from someone who works for a former client of mine. It was an unfortunate coincidence.
Ellenor: Did you ever introduce Kendall to this former client of yours?
Eugene: Of course not.
Ellenor: Have you in any way conveyed to Kendall that was okay to take or sell drugs?
Eugene: No.
Ellenor: Why do you think your ex-wife blames you for Kendall’s problems?
Eugene: Sharon has always had ideological problems with my job. I think that when this happened it hit a lot of nerves and fears. I also think she blames the break up of our marriage on my job. She’s reliving a lot of that anger, I guess.
Ellenor: Can you understand that?
Eugene: I can understand her fear. When it happened I was afraid too. But I also got angry. But I don’t understand her punishing me. And I certainly don’t understand her punishing Kendall. And that’s what you’re doing, Sharon. (there’s a pause)
Taggert: Your son got arrested for possessing drugs. Drugs that he bought off of one of your clients.
Eugene: That was a coincidence, as I said.
Taggert: Your lawyer, (indicating Ellenor) Ms Frutt. She was recently arrested on drug charges herself, wasn’t she? (Ellenor rolls her eyes)
Eugene: Those charges were dismissed, she was set up by the police.
Taggert: That’s exactly what Kendall said when you asked him how the drugs ended up in his locker, isn’t it?
Eugene: Except in Ellenor’s case, it was true.
Taggert: A client dropped a bag of what was thought to be drugs on Ms Frutt’s desk.
Eugene: That’s right.
Taggert: And when asked who the drugs belonged to, Ms Frutt responded ‘I don’t know’, didn’t she?
Eugene: Yes.
Taggert: But she knew where the drugs came from, didn’t she?
Eugene: As lawyers, we have a duty not to betray our client’s -
Taggert: So, Ms Frutt did the right thing by lying?
Eugene: In that context, it wasn’t lying.
Taggert: It was telling the truth?
Eugene: No.
Taggert: Which was it?
Eugene: It was protecting our client, which as you well know we have an ethical obligation to do.
Taggert: Yes. Did you sit down and explain that to your son, Mr Young?
Eugene: Kendall knows about our duties. We have these talks -
Taggert: I’m not talking in general. I’m referring to that specific occasion after he witnessed Ellenor Frutt lying to the police. Did you sit down and explain the situation to him?
Eugene: Not that time, no.
Taggert: Can you honestly say that you have taught Kendall right from wrong, truth from lie?
Eugene: (heatedly) I have never ever encouraged my son to break the law or to lie.
Taggert picks up a remote control and flicks on the television. It is the video obtained from the Nanny-cam in the last episode, ‘Target Practice’, where Kendall and another boy, Michael, are sitting in Michael’s living room discussing drug selling.
Kendall: (on tape) My dad says that if you ever get caught, never admit to anything. Not even to your lawyer, because they’ll be stuck with whatever you tell ‘em.
Taggert pauses a moment to let that sink in, and then flicks off the television. Eugene takes a deep breath.
Eugene: (quietly) I never told him that.
Taggert: Is that the truth, or a justifiable lie?
Ellenor: (standing) Objection. (Bender waves for her to sit back down)
Eugene: Kendall knows what I do for a living, Mr Taggert.
Taggert: Yes, in fact he spends a lot of time at your office, doesn’t he?
Eugene: Until this happened.
Taggert: He was right there when the police charged in with their guns, arresting Ellenor Frutt. He was even in the line of fire, wasn’t he?
Eugene: You know that was a common occurrence.
Taggert: On average, how many waking hours a week do you spend with your son outside the office?
Eugene: I work a lot of hours. And that’s why he’s with me at work.
Taggert: And that’s his exposure to you, isn’t it? Eugene Young, the lawyer.
Eugene: And father. And father!
Taggert: Father at work. (Eugene throws a look at Bobby, who raises his hand as if to say ‘don’t worry, it’s okay’) (there’s a pause) Reference was made earlier to Plan B. What is that?
Eugene: It’s a defence strategy.
Taggert: More specifically it means accusing someone in open court of committing the crime.
Eugene: Basically.
Taggert: According to recent court transcripts, you accused a brother of beheading his sister even though you didn’t believe he was really involved in the death. Correct?
Eugene: Yes.
Taggert: Ever sit down and talk to Kendall about why you do these things in court?
Eugene: Yes. I have.
Taggert: Ever been booked on assault, Mr Young?
Eugene: Once. The charge was dropped.
Taggert: You got mad at one of your clients who sodomized two young boys. You beat him up in open court, right?
Bobby: (standing) Objection. This has no relevance.
Taggert: (turning and pointing at Bobby) Everything is fair game. You made that clear.
Bender: All right. I’ll give you a little latitude, Mr Taggert. (Bobby sits down and Taggert turns back to Eugene)
Taggert: When this case was filed you were under court order not to discuss the merits of it with your son, Kendall. Is that right, sir?
Eugene: Yes.
Taggert: You talk to him about it two nights ago?
Eugene: He was confused as to what was going on.
Taggert: (pointing at Sharon) You basically tell him that his mother was wrong?
Eugene: I told him we disagreed as to what was best.
Taggert: Well, would it surprise you that he went home with the idea that you thought she was wrong? (Eugene rolls his eyes) The night before the hearing you violate a court order, position your son on your version of the merits. (Taggert pauses) Are these the good footsteps for a son to step in? (the camera gives a close of Eugene and then Sharon, both looking uncomfortable)
Cut to another courtroom. Rebecca is arguing Dr Plath’s case before Judge Philip Swackheim.
Rebecca: He’s being fired for a medical condition. That’s contrary to law.
LAWYER FOR THE DEFENDANT: He’s being terminated for an inability to perform the functions of -
Rebecca: Appearance is not a function. He has six-nerve palsy brought on by a head trauma. And there’s no -
Swackheim: Well, I don’t know much about psychology, counsel. But I do suspect that if I were to go see a therapist to unearth my troubles, it wouldn’t help to have him look back at me cross-eyed.
Rebecca: And that is bigotry. So, he looks different. In time -
Swackheim: Would you step up here a minute Mr Plath. Dr Plath? (Dr Plath moves to join Rebecca) I’m looking to get an idea. Um, my mother-in-law’s got, uh, delirium. Tell us what that is.
Plath: Delirium is basically a disturbance of consciousness. It can affect cognition, often manifested by reduced clarity of awareness of the environment. It can cause focus problems. Attention deficit problems are common. The person is frequently easily distracted by irrelevant stimuli. And it’s often difficult to engage in long sustained periods of conversation. There’s also disorientation as to time -
Swackheim: I’m sorry. I’m upholding the discharge.
Rebecca: Your honour...
Swackheim: Ms Washington, this may not seem fair, but it’s tough to take him seriously.
Rebecca: You can’t penalise him for something he can’t control!
Swackheim: Nor should I penalise them (indicating Dr Fairby). Dr Plath, you may be an excellent doctor, but medicine is business these days. And under the adage you only get one change to make a first impression, I have to sympathise with the defendant as well.
Rebecca: This isn’t fair.
Swackheim: And your problem, young lady, is that you think justice is fair, mmm mmm.
Cut to the chambers of the judge on Helen’s case.
Judge: I’m not a big fan of ex-party. What’s the mystery?
Helen: I’m not sure if I have good faith belief in the defendant’s guilt anymore.
Judge: Why?
Helen: I guess it comes down to creditability. My gut tells me she fed her father the story, he insisted on the arrest and she’s cornered.
Judge: What have you got to support this?
Helen: Just listening to their testimony. I think I believe him.
Judge: So what? You’re not the jury.
Helen: Still, if a DA doesn’t have a good faith belief -
Judge: It may affect your bringing the charges, but your weighing the testimony... Come on.
Helen: What if I brought a motion to dismiss?
Judge: Forget it. And don’t tank your closing, either. Defence attorneys aren’t the only ones with obligations in that room.
The hall in the courthouse. Sharon is sitting alone on a bench. Eugene sits down beside her.
Eugene: Why’d you do this, Sharon?
Sharon: Here you go. Disobeying another court order. We’re not supposed to talk about this outside -
Eugene: Why’d you do this?
Sharon: (after a pause) I know you love him. But I also know I’m losing him. If it were to you, I’d deal with it. But I’m losing him to something... He’s a good kid becoming a bad kid. You don’t see that. Either because you don’t want to, or you can’t. (Eugene looks down, and then up again)
Eugene: Do you really think he’s better (there’s a pause) cut off from me?
Sharon: Yes. (Eugene looks stunned, and leans back against the bench.)
-------------------- Commercial --------------------
The courtroom.
Taggert: This isn’t about who’s a better person. Or who loves Kendall more. It’s what’s in the boy’s best interest. We’ve listened to the guardian, (unintelligible), somebody who is neutral, linking Kendall’s problems to his contact with his father. A boy losing an ability to distinguish right from wrong. We all saw that tape. An eleven year old boy versed on the how-to’s of drug dealing. Who in this room wasn’t horrified? Eugene Young was sued for intentional infliction of emotional distress when in open court he accused a brother of killing his own sister. An allegation he admittedly didn’t really believe. And in defence of Eugene Young, his colleague, Jimmy Berluti, described him as being in extreme denial. A man struggling to survive what he does for a living. That struggle is affecting Kendall. We’re not asking for punishment or that it be permanent, but for know we have to listen to Dr Morrison and appoint Sharon Young as full custodian. In the end, it’s not about a mother and a father, it’s about the welfare of an eleven year old boy, who clearly needs help. (he sits and Bobby stands up)
Bobby: We see young kids in this room every day arrested for drugs. We don’t take them away from their parents, just the opposite. The courts usually plead for the parents to step in. That’s exactly what Eugene Young would like to do. This is a huge overreaction to a bad event. There is nothing, absolutely nothing to even suggest any parental unfitness. Mr Taggert quoted Jimmy Berluti’s closing argument as evidence. Well, he left out the part of the summation where Mr Berluti referred to Eugene Young as deeply honourable, dignified, a hero. I second that. So do you, Sharon. There is nobody, nobody who has walked through these doors with more honour, more dignity and morality than the man sitting over there. (he sits down again)
The hall at the courthouse. Helen and the Hayes’ are walking to the courtroom.
Helen: (stopping at the door and turning to Lynette) If you recant I promise there will be no perjury charges.
Lynette: Why are you doing this?
Helen: Lynette, I’m just saying that if you did make this up -
Lynette: It’s bad enough that the defence attorney attacks me, now the DA goes after me too? (beginning to cry) He car-jacked me. He did.
Inside the courtroom.
Helen: Randy Strunck, he’s gotta be the luckiest man in the world. He meets a very attractive woman who, and even though she’s a complete stranger, just can’t help herself and agrees to fool around with him in her car. Then, she generously gifts him with her car. (she pauses) That happens every day, doesn’t it? (another pause) Randy isn’t lucky, ladies and gentlemen. He’s just careful. He chose his victim. He chose the time. He chose a location where there would be no eyewitnesses. Randy chose every single detail of the attack to work to his advantage. And after he got caught he, along with his attorney, chose the strategy of putting the victim on trial. He said she said, it was reasonable doubt. Go ahead. Put him back out there. Just don’t forget to lock your car doors.
Time shifts to Dawson’s closing.
Dawson: My definition of the luckiest man in the world wouldn’t be an innocent man convicted for a crime he didn’t do. Here’s a flash. Sometimes the defendant actually is the victim of false charges. Maybe she thought he stood her up. Or duped her. Or maybe he wasn’t really coming back with her car. I don’t know what was in her mind when she told her father what happened. But she wasn’t car-jacked. No bruises, no physical signs of anything violent. She wasn’t car-jacked. This case reminds me of a question we used to have on tests in school when I was growing up. Orange, apple, pear, hammer. Which one doesn’t fit? Here, according to Lynette Hayes, we have an attacker, with a knife, who took her car. Who also happens to know about her past relationship with an ex-boyfriend, among other things. These are the things you tell someone you have a personal relationship with, however brief. Not an attacker. Something doesn’t fit.
The conference room. Rebecca is working when Dr Plath comes in and she stands up.
Rebecca: (in answer to his shrug) I’m sorry.
Plath: You tried. Should I appeal?
Rebecca: (sighing) Sit. (they sit) We could appeal, but I don’t think we’d win. You’re not in what we call a suspect class and there’s no special protection for people with -
Plath: Funny faces. (pause) So, you’re not recommending that we keep going with this case?
Rebecca: No.
Plath: Well, thank you for your time, Ms Washington. (they stand)
Rebecca: I wish I could’ve been more help.
Plath: Well, I appreciate your not laughing, anyway. Good day.
Rebecca: Goodbye, Mr Plath.
Judge Bender’s chambers.
Bender: Between all the back and forth, the one piece of evidence that stands out most is that you didn’t try. The boy was arrested, the court papers were filed... The fact that you didn’t first try, Ms Young, tells me that you were leading with fear and anger, and not necessarily Kendall’s interests.
Sharon: That isn’t true.
Bender: Well, I’m not satisfied that you’ve exhausted every possible remedy. Taking away a boy’s father, that’s severe enough not to be the first course of action. So, I’m ordering you both to try again. If you fail, try again. Then, maybe come to me. Mr Young, I am tempted to restrain your son from coming to your office, but I’m not there yet. We seem to have two intelligent and loving parents here, so let’s put some of that intelligence and love to work. For God’s sake, this is not about you. This is about your son. the petition to modify custody is denied. (everyone looks at each other)
The courtroom for Helen’s verdict.
Judge: (taking the verdict and looking it over) Will the defendant please rise? (Randy and his lawyer stand) Madame Foreperson, the jury has reached a verdict?
Foreperson: (standing) We have, your honour. Commonwealth versus Randy Strunck, on the charge of assault and confinement for the purpose of stealing a motor vehicle while armed, we find the defendant, Randy Strunck, guilty. (Randy looks horrified.)
Judge: The jury is dismissed with the thanks of the court. We’re adjourned (bangs gavel)
Mr Hayes: Good job. Thank you.
Lynette: Thank you.
Helen looks very unhappy. Lynette smiles at her awkwardly, but as the lead Randy out, she looks slightly uncomfortable. The camera closes up on Helen’s face, she looks very unhappy with herself.
The city, it’s night. Eugene is walking down a snowy street and stops at Sharon’s house and knocks on the door. She opens it.
Eugene: He ready?
Sharon: Not quite.
Eugene: I’ll wait. (Sharon reluctantly opens the door so he can come in)
Kendall: Hey, Dad!
Eugene: Hey. (he sits down)
Sharon: Just be a couple minutes. (she goes to sit back at the table with Kendall) Okay, almost done. How many tablespoons of water does it take to fill a gallon container three quarters full?
Kendall: Who’d use a tablespoon to fill a gallons container?
Sharon: Someone with too much time on their hands. (Eugene smiles at this) How many tablespoons equal an ounce?
Kendall: Two.
Sharon: Okay. Figure it out.
Eugene almost sadly looks around at all the photos of Kendall, at all different ages, scattered around the room.
Kendall: One hundred and ninety-two.
Sharon: Good. Last one. (they continue on this track, as Eugene continues to look around the room, a look of sadness/regret on his face.)
-------------------- End --------------------