310. Love and Honor

United States, Original Airdate, December 13, 1998.

Written by: David E. Kelley
Directed by: Arvin Brown

Disclaimer: This is a cut and dry transcript of the episode "Love and Honor." The characters and plot lines of The Practice belong to David E. Kelley and 20th Century Fox Television. No copyright infringement is intended by this transcript. It is for entertainment purposes only.

This trancript was done by VICKIE.

--------------------------------------------------------------

(Scene, the office of DYD&F)

Rebecca: Lucy, who authorized a Christmas party?

Lucy: Oh, that'd be me.

Ellenor: That would be you? And are you paying for it?

Lucy: Funny.

Ellenor: Lucy!

Lucy: Oh come on Ellenor. You look like a party girl. Lindsay, Bobby and Eugene act like they've never been to one.

Lindsay: What?

Ellenor: Did you know we were having an office Christmas party?

Lucy. Oh come on. It's not like we have to invite any clients. They're all in jail.

Lindsay: Can I turn in my partnership for her job? Looks like more fun being the boss.

Jimmy: Ok, we set?

Lucy: Bags are packed.

Lindsay: Have you packed yours?

Jimmy: Ok, Eugene, Ellenor, we went through this - I'll say it one more time. You don't defend what you did to the brother, you just describe it as a necessary evil. Nobody's righteous, nobody's arrogant, nobody's looking like it's this big inconvenience getting sued either. We know what we did to the kid, our hearts go out. We all clear?

Bobby: Yep.

Jimmy: Nobody says that word qualified immunity. We're not relying on legal jingles. One last thing - I know none of you are crazy about me being first chair. But nobody ever, ever whispers or makes faces or does anything to make the jury think you doubt me. Like you all say, my credibility has to count in the end. Don't hurt it. Ok? Let's go.

Lucy: That man is nervous, big time

----Opening Credits----

(Scene, the office)

Eugene: What you got against parties?

Rebecca: I don't have anything against parties. It's just -

Jimmy (to Eugene): I'd like you to wear this. (He holds out a baby blue tie)

Eugene: Excuse me?

Jimmy: You look like a hit man.

Eugene: I am not wearing this!

Bobby: You ready?

Eugene: No! He's not telling me how to dress!

(Jimmy yells, Eugene yells)

Bobby: Hey!

Eugene: Sky baby blue!

Jimmy: He looks mean in that tie.

Eugene: I look what?!?!?

Bobby: Jimmy, I understand your thinking on this, but he looks okay.

Lucy: Straight might be nice. (She straightens Eugene's ties then Bobby's.) Crooked works for you (to Jimmy).

(Scene, the courtroom)

Mr. Robin (on the witness stand): It was a mistake I even let him in. He was defending the man who killed my daughter. I invited him into my own kitchen.

Tommy Silva: Why'd you do that?

Mr. Robin: Cuz he impressed me as being honest. So both me and my son talked to him. Steve told him how Susan sometimes would get on the internet….and he asked Steve if he'd say that in court.

Silva: And he agreed?

Robin: He struck us a decent guy, trying to do his job. Steve figured he wouldn't be going against the prosection.

Silva: And what happened when your son took the stand, Mr. Robin?

Robin: He accused my son of killing his sister. He started screaming in court "you did it, you did it," accused of him of cutting off his own sister's head.

Silva: Do you need a second?

Robin: I'm ok.

Silva: Actually, you're not ok, are you Mr. Robin? You're dying.

Robin: I have liver cancer.

Silva: You tell Mr. Young that?

Robin: Yes. In the kitchen, he was asking if Susan could have been depressed about anything. I…I told him of my condition.

Silva: And how did Mr. Young make use of that?

Robin: He said that because I was dying, leaving my estate to Susan and Steve, Steve had a motive to kill Susan quick, before the cancer got me.

Silva: And how do you feel about that statement?

Robin: I guess I don't have to tell you how I feel about that statement.

Silva: I guess you don't.

Jimmy: First, please know how sorry I am about your daughter. Also about your illness. When Mr. Young talked to you that day in the kitchen, he believed somebody other than George Vogelman killed Susan, right?

Robin: I don't know what he thought.

Jimmy: Well, one of the reasons you agreed to speak with him is cuz you could tell he really did believe in Mr. Vogelman's innocence. Would that be fair?

Robin: It wouldn't be fair to say my take on Mr. Young was accurate.

Jimmy: I have nothing else. (He stops and turns around back to look at Mr. Robin) Oh….what Mr. Young did to your son in court, I apologize for that. I apologize for my firm. That never shoulda happened.

(Scene, a room in the courthouse)

Eugene: Why don't you just cut the check?

Jimmy: The jury had to hear that.

Eugene: Not like that they didn't. You could say I sympathize, I feel for you, I understand, but saying what I did was wrong, Jimmy, that's our whole issue in case you missed that!

Jimmy: I didn't miss it!

Bobby: Alright.

Ellenor: If that's our defense, what are you planning to….

Bobby: Hey!

(They all start yelling)

Bobby: Hey! Hey!!!

Ellenor: It is one thing to turtle, it is another to confess!

Eugene: I gotta go before the bar, you think about that? It's not just money with me, my job is on the line!

Jimmy: The bar isn't going to….

Eugene: And you go on record announcing what I did was wrong???

Jimmy: I didn't say that - I said it shouldn't have happened.

Eugene: What's the difference?!?!

Bobby: That's enough!

Eugene: Damn right, it's enough! Enough to lose the case.

Bobby: Eugene. (To Jimmy) Showing compassion is one thing. We cannot admit liability.

Jimmy: I didn't do that.

(Scene, the office)

Lucy: (places a mug on Lindsay's desk) I apologize for being bossy and overstepping myself. I don't really mean to.

Lindsay: Okay.

Lucy: You know, it wasn't totally easy, coming in here to such a tight group where everybody was friends. It's not that I expected to be welcome…..but that remark, about me packing my bags….I didn't deserve that.

Lindsay: You're right. I'm sorry.

Lucy: I know that the holidays are hard on people who don't have anybody….I could fix you up, I know some cool guys - (Rebecca grabs her arm and pulls her away) Did I do something wrong again??

Rebecca: Go sit down.

(Scene, the courtroom)

Steve Robin: Suddenly, right there in court, he starts accusing me, saying I killed her. I felt, just shock.

Silva: And what about after the trial?

Steve: It doesn't go away. First, he duped me. I feel like I played a part in freeing the man who killed my sister.

Jimmy: Objection. Assuming facts not in evidence. George Vogelman did not kill Susan Robin.

Silva: Move to strike! That remark assumes facts not in evidence, much less existence. All the facts go to show that he DID kill her.

Jimmy: Objection! Now who's accusing who? A jury….

(They yell)

Judge: Quiet please. The jury has already been informed of Mr. Vogelman's acquittal, as well as its irrelevance to this proceeding. Mr. Silva, continue.

Silva: You said Steve, it doesn't go away.

Steve: People, I can see it in their eyes. Did he? Could he have? Do you know what that feels like? To walk around, with people thinking maybe you decapitated your sister?

Judge: Please, don't address the defendant sir.

Steve: Always some truth behind every rumor, huh? He can't disprove can he? He had no alibi. It's never gonna go away.

Jimmy: You feel violated.

Steve: I was violated.

Jimmy: We can only imagine, most of us, what it must feel like to be accused of such a gruesome murder. Can you imagine what it must feel like to be actually charged with a crime you didn't commit?

Steve: I'm not sure it could be any worse Mr. Berluti.

Jimmy: Yeah it can Steve. Cuz it's not just reputation on the line, it's your life. Forget whispers from the public, you go to a maximum security prison.

Steve: He should. He killed my sister.

Jimmy: What if he didn't? There he is Steve. (We see George) Assuming he's innocent, can you think what it must feel like to be threatened with life imprisonment. That's worse, don't you agree?

(Scene, Bobby's office)

Lindsay: So he's doing well?

Bobby: On the son, he did great. On the father, he wobbled a little.

Lindsay: Who's next?

Bobby: The detective, right after lunch.

Lindsay: Well, good luck.

Bobby: To all of us.

Lindsay: Bobby, um, uh, this Christmas party, we can invite clients?

Bobby: I guess.

Lindsay: What about dates? Are we supposed to bring dates?

Bobby: You know you really should check with Lucy, she knows more what's going on.

Lindsay: Ok.

Bobby: Do…you have a…. date?

Lindsay: Uh, well, no, I….I haven't asked anyone…I….I was just wondering. Are you bringing anyone?

Bobby: No, um….I'm up next with the detective, so I should really….

Lindsay: Oh, yeah.

(Bobby smiles as she leaves)

----Commercial----

(Scene, elevator)

Bobby: I'm not going kid gloves on the detective, remember?

Jimmy: I got no problem going hard on witnesses. It's just, family - I want you to get the detective.

Bobby: Okay.

Jimmy: What?

Ellenor: What?

Jimmy: I see you two looking.

Ellenor: I wasn't looking at anything.

Jimmy: You were thinking!

Bobby: Alright Jimmy. C'mon.

Ellenor: I wasn't looking at him!

(Scene, courtroom)

Silva: Did any evidence even suggest that Steve Robin could have been involved in his sister's death?

Detective McKrew: No sir.

Silva: Forensics, DNA, fingerprints?

McKrew: Everything pointed to George Vogelman. Nothing indicated Steve Robin.

Silva: Now Detective, the defense has complained that you never even bothered to investigate Steve Robin.

McKrew: We considered all family members. There was nothing to incriminate him. Nor anybody but George Vogelman.

Bobby: Steve Robin did have motive, financial problems. He'd be the sole beneficiary, that is motive right Detective?

McKrew: Perhaps.

Bobby: And wasn't it established that Steve Robin and his sister were estranged at the time of her death?

McKew: Yes.

Bobby: And who established that Detective, the police or George Vogelman's lawyers?

McKew: You people did.

Bobby: And Steve Robin had no real alibi at the time of his sister's death?

McKrew: As far as I know, neither do you. But without any evidence we can't -

Bobby: I was as much a suspect as an estranged family member with a motive?

McKew: No, no, my point is we need some evidence to trigger at least suspicion before we investigate anybody. There was none on the brother.

Bobby: Did you want there to be? Might it hurt your case against George?

Silva: Objection.

Bobby: Withdrawn. You never even asked the question did you Detective? You never even said hey, what about the brother.

McKrew: Of course we did. We ruled him out.

Bobby: Can you prove he didn't do it?

McKrew: We can't prove it.

Bobby: Well how do you rule him out?

McKrew: Because all the evidence went to your client.

Bobby: All the evidence collected.

McKrew: All the evidence, period.

Bobby: The murder weapon? The murder weapon Detective?

McKrew: We never found the weapon.

Bobby: The bloody clothing worn by the killer?

McKrew: We didn't find any bloody clothing.

Bobby: There likely was bloody clothing, you just didn't find it right?

McKrew: Right.

Bobby: What about the witnesses?

McKrew: There weren't any witnesses.

Bobby: To your knowledge, or can you prove there were no witnesses?

McKrew: To my knowledge.

Bobby: All the evidence period. That means all the evidence you had, right Detective?

McKrew: Yes.

Bobby: Thank you. Oh, at one point you did say what about the brother.

McKrew: Of course we did.

Bobby: Did Tommy Silva sue you?

Silva: Objection.

Bobby: Withdrawn.

(Scene, walking in hallway of courthouse)

Jimmy: We're gonna lead with you Ellenor, then Eugene. Different tie tomorrow right?

Bobby: Ellenor. Expect Silva to cross you personally.

Ellenor: What do you mean?

PAGE 2