Cut to a scene in Bobbyís office.
Bobby: Let me ask you a question ≠ all that stuff you were saying earlier, who wouldnít pull the trigger, all that stuff, you really believe it?
Bobby: Level with me Jimmy, when you first heard Gerry Braun killed Ronald Martin, howíd you feel in your gut?
Jimmy: Really? I said to myself good for him. I donít support it or nothing but if I had a daughter and somebody killed her Iíd want him dead.
Bobby: You think the jury will think like that
Jimmy: I do.
Bobby: So what we want is some legal angle that allows them to go with how they feel.
Jimmy: You mean some legal angle that allows them to ignore the law.
Cut to a scene of the courtroom where Eugene is sitting with his client and Renee is at the prosecutorís table.
Steven: Whatís taking so long?
Eugene: Judgeíll be in any second, the juryíll follow. Let me see your face again. (Steven makes an innocent sort of face) Good. Now sit up straight. Donít scowl no matter what the witness says.
We see Lindsay walking into the courtroom and sitting down in the gallery. She smiles knowingly at Eugene.
Steven: When will I get to testify?
Eugene: Weíll cross that bridge when weíre drowning.
The judge enters and everyone stands. Eugene and Renee exchange a Look.
Cut to a scene of the office and Jimmy walks through a door holding up a book.
Jimmy: I got it, we got a defence, moral justification. Itís a duress theory little used.
Bobby: Moral justification?
Jimmy: Itís not an absolute defence but it can get murder chopped down to manslaughter which in this case is good as an acquittal.
Dr. Braun: What do you mean itís as good as an acquittal?
Bobby: The DA is only charging murder heís not charging manslaughter in the alternative because heís afraid that if the jury has a chance, theyíll jump at it.
Dr. Braun: Iím confused.
Bobby: If he gives the jury the choice between murder and manslaughter, he figures the jury will pick manslaughter, you being sympathetic, so he takes away that choice by not charging anything but Murder 1 and Murder 2, heís going all or nothing.
Jimmy: Which means if we convince the jury youíre only guilty of manslaughter, you get a straight acquittal.
Danny: Could they then come back and charge him with manslaughter?
Bobby: No, double jeopardy applies to lesser included charges, they have to include manslaughter now or forever lose it. Good going Jimmy. See now weíve got something to go in there with. You were acting in the heat of passion, a passion was your sense of moral right. Thatís different from straight jury nullification and we can argue that. Good going Jimmy!
Cut to a scene of the courtroom ≠ Eugeneís case. The victim is giving testimony.
Victim: I was loading groceries into my car when he appeared.
Renee: He being?
Victim: The defendant, he suddenly had a knife at my chest demanding my watch and wallet saying he was going to kill me. He then lowered the knife to my groin area.
Renee: And then what happened sir?
Victim: I gave him my watch and wallet.
Renee: And then what happened sir?
Victim: He just ran off.
Renee: This all happened at about what time.
Victim: Oh, at exactly 9:03 am, I know this because I looked at my watch, probably because I knew I was never going to see it again.
Renee: And how was the lighting in this area Mr. Augusta?
Victim: Oh, it was very good, there were lampposts every four parking spaces and five of the eight cars next to mine where white which Iím sure added to the brightness I got a perfect look at him.
Renee: Now Mr. Augusta did you have an occasion to see the defendant again.
Victim: Yes I did, the police responding to my call said a man fitting my description had been picked up about a mile away and we drove to the area and the police had that man in detention. I identified him as the man who robbed me.
Renee: Now, Mr Augusta can you state with absolute certainty that the man sitting here at this defence table is the same man that you saw on the night of February Twelfth on two occasions and then again in the police line up on Feb. 13th?
Victim: I can, Iím absolutely certain.
Renee: Thankyou Mr Augusta, your witness.
Eugene: Mr Augusta, you seem to have a pretty good grasp of the detail.
Victim: Well Iím a photographer by trade so, yeah, I have a pretty good eye.
Eugene: Iíd say outstanding. You not only remembered that five of the eight cars were white but even identified the little tree the suspect hopped through when he ran away.
Victim: Well, like I say I have a photographerís eye.
Eugene: Yes, but when it came time to describe the suspect himself you said only that it was a black man with a big head.
Victim: Well it was him.
Eugene: Well you sit here today remembering the placement of lamppost the colours of the surrounding cars, the exact time to the minute but as for what the suspect looked like ≠ black, big head.
Victim: Yes sir but as I said Iím certain that it was your client.
Eugene: Mr Augusta, were you a little scared, this knife suddenly being put to your chest.
Victim: Well yes I was scared, yeah! But if your asking did it compromise my powers of observation, I would honestly say no.
Eugene: You were looking at the knife werenít you?
Victim: I was looking both at the man and the knife.
Eugene: For the knife you remembered ≠ stainless steel, cerated, wooden handle, nine inches. For the man ≠ black, big head.
Victim: Look, Iím not saying that I wasnít frightened.
Eugene: Would you say that you were ery frightened?
Cut to a scene of Ellenor looking at herself in a small compact mirror, all done up.
Ellenor: Very frightened.
Rebecca is putting powder on her.
Rebecca: Why, you know you get along, youíve been laughing talking on the phone.
Ellenor: Yeah, but he hasnít seen me yet Rebecca, today he sees me.
Rebecca: Ellenor, you are a very beautiful women. Blot. (lipstick)
Ellenor: Yeah well, maybe Iím just nervous about the whole eyes of the beholder thing.
Cut to scene of judges chambers where the DA, Bobby and Jimmy are sitting.
Judge: Moral justification, for a homicide?
Bobby: Itís different thany nullification. DA: Itís not different, heís going to be arguing to the jury that they ignore the law.
Bobby: Look Iím not going to be drawing you a roadmap. Your honour, the only reason Iím bringing this to your attention now is so we wonít have to waste time going back to your chambers once the trial has started. Iím arguing heat of passion, the passion can be driven by a manís moral state of mind.
DA: Thatís ridiculous
Bobby: Fine, you make your arguments, Iíll make mine.
DA: So is this why the Rabbiís on the witness list, is he going to be testifying that God is on your side? Bobby: What ever he testifyís to you can cross examine.
Judge: Mr Wilk, I seriously suggest that you charge manslaughter in the alternative.
DA: Not a chance. Judge: If you donít make Murder 2, he walks free!
DA: Theyíre flaunting this, he planned his crime, he went home, he discussed it with his Rabbi first, this wasnít heat of passion, it was cold, calculated execution, then these people go on television and exalt it. Itís Murder in the first degree all the way.
Judge: The jury might reject that.
DA: Weíre not offering manslaughter.
Jimmy: This is exciting (looks from everyone) you gotta admit.
Judge: One of you might be disappointed, are you still ready to try this next week?
Jimmy: Ready. (look from Bobby) I am!
Cut back to Eugeneís case and heís still questioning the Victim.
Eugene: Mr Augusta, when the police told you that had the guy and you got out of the squad car to identify him, truthfully, you wanted it to be the man who robbed you didnít you?
Victim: Of course I did. I wanted him off the street and I wanted my watch and wallet back.
Eugene: Do you know whether they found your wallet and watch in the possession of my client?
Victim: Iím told they did not.
Eugene: And the cerated, stainless steel knife with the wooden handle, that turn up?
Victim: Iím told it did not.
Eugene: When you pulled up to the scene where did you see my client.
Victim: He was standing between two uniformed police officers, about twenty feet away.
Eugene: Was he handcuffed?
Eugene: And you said, thatís the man, thatís the man who robbed me, right off.
Victim: No I got out and took a closer look first.
Eugene: You didnít identify him from the car?
Eugene: So as you looked at him from the car, twenty feet away he didnít look familiar?
Victim: WellÖI thought it might be him.
Eugene: Might be him how?
Victim: Well, size and build wise it could be him.
Eugene: Ten minutes earlier you couldnít give the officers a size and build description.
Victim: I was in shock a little bit ≠ Iíd just been assaulted.
Eugene: You were in shock. You mean your powers of observation might have been affected a little?
Renee: Objection, Heís badgering the witness.
Eugene: As you saw this man standing twenty feet away, what about him made you think that this was the man who robbed you sir.
Victim: I donít know, I just remember thinking it might be him so I got out of the car to take a closer look and when I saw him up close I knew it was him, I knew it!
Eugene: But you couldnít recognise him from twenty feet away.
Victim: Thatís right, I said that.
Renee: Asked and answered.
Eugene: You couldnít identify my client from twenty feet away.
Victim: Yeah, thatís right.
Renee: Asked and answered!
Eugene: But yet the next day in a police line up standing twenty feet away you did recognise him. How is that possible.
Eugene: Twenty feet away the night before you canít recognise him but for whatever reason the next morning you pick him out in an instant.
Victim: When I saw him the second time there were other characteristics that registered. Build, stance, posture.
Eugene: So when you picked my client out of a line up you were going on the things you saw when he was in police custody than what you saw in the grocery store parking lot?
Victim: Well, yes.
Eugene: Ah, by the way, would you call that a big head?
Victim: Well it looks smaller today.
Eugene: But you told the police you were absolutely certain the suspect had a big head.
Victim: Maybe I was wrong about that.
Eugene: Or maybe you were right. A photographer by trade, with a gift for the detail, maybe it was someone with a big head.
Victim: It was him!
Eugene: Then you were wrong about the big head.
Victim: I said that!
Eugene: How could you be wrong about something so general as that?
Victim: I donít know sir. I told you before I was in some shock.
Eugene: Oh yes you were in some shock.
Cut to the office where Bobby is walking in with the Rabbi and Jimmy behind him.
Bobby closes the door, not letting Jimmy come in.
Danny: Whatís up?
Bobby: Whatís up is I gotta know something.
Bobby: When Gerald Braun came to you, when he left your office, did you know what he was about to do?
Danny: Think I wouldnít have stopped him?
Bobby: Danny..Did you know?
Danny: Of course I didnít know. When he said he wanted to kill him, I never thought he would actually..Of course I didnít know.
Bobby: Then why didnít you stay with him? You knew he needed you!
Danny: Exactly whatís the accusation here?
Bobby: Danny help me out her a little please, Donít you think you gave him the moral empowerment and the righteousness he needed to see it through? Letís not kid ourselves, Ronald Martin is dead in large part because of you.
Danny: Iíll ask again, whatís the accusation?
Bobby: I am walking uphill into a murder thatís going to be very difficult to win, I gotta know exactly what Iím dealing with.
Danny: Friend to friend, I donít grieve for Ronald Martin, but I never thought that Gerry was going to go and kill him.
Cut to a scene of Eugeneís trial. Renee is questioning a cop.
Cop: He reacted nervously to our prescence, fitting the general description of the suspect, we detained him until the victim could arrive to make a positive ID.
Renee: Thankyou, no further questions.
Eugene: He reacted nervously to your presence? You shined a searchlight right into his face didnít you?
Cop: We shined it on his person.
Eugene: Do you think itís unusual for a black man in South Boston to be nervous when a police car comes along illuminating him like a deer caught in headlights?
Cop: I donít think he had anything to be nervous about if he were innocent.
Eugene: Silly me. The general description you were talking about that would be ≠ black, big head.
Eugene: Did either you or your partner approximate the circumference of my clients cranium?
Cop: We detained him because he was black in the area of the crime, acting suspiciously.
Eugene: This was before you picked him up?
Cop: Ö.No, after.
Eugene: I see.
Renee: The prosecution rests your honour.
Judge: Thankyou officer Caufey, you can step down. Mr Young we can break or you can call your first witness (motioning to Eugene)
Eugene: We rests your honour.
Judge: Concluding arguments at three, we adjourn till then.
Steven: Whatís going on?
Eugene: Trust me.
Steven: Shouldnít I get up there and say I didnít do it?
Eugene: If you do all your priors can come into evidence, this way it stays out. Steven: Yeah I know, but if I say nothing donít it look like I did it.
Eugene: What are you going to say Steven, that you were just out taking a moonlight stroll along the streets of South Boston? How would that look. They didnít make their case, thatís our defence.
Baliff: Come on, lets go.
He takes Steven away.
Cut to a scene of Ellenor waiting in the bar for the podiatrist. Sheís tapping her fingers nervously. A goodlooking guy walks in and she looks hopeful but heís there to meet somebody else. Then, who should walk in but an balding, ugly geek (although at first glance he seems nice) Itís none other than who we come to know as George Vogelman!! He goes up to the table and Ellenor sort of smiles in a disappointed way.
They shake hands.
George: What a pleasure, and what a relief to finally be getting this part over with.
Ellenor: Absolutely. Oh, sit, please sit.
George: You lied to me, you said you werenít beautiful.
Ellenor: oh well, you know lawyers weíre trained to conceal the truth.
George: (laughing) Youíre just as funny in person. Iím not gonna lie, I was so nervous about meeting you.
Thereís sort of an awkward moment where George smiles infatuated at Ellenor but she seems kinda disappointed with him.
Cut to a scene of the office ≠
Bobby: Jimmy, come on.
Jimmy: I spoke with statton and co. the jury consultants, they gave me a list of questions we should be looking to get yes answers to. Bobby: Good. Iím gonna go back there and try and get the trial kicked to Charleston.
Bobby: People grow with an eye for an eye code in Charleston.
Jimmy: Bobby, I feel a good connection with the Braun case, I kinda came up with the game plan, sorta. I was wondering whether maybe I could run with it.
Bobby: Jimmy you been doing good things here but this is a jury trial.
Jimmy: I was losing with jury trials because I sweat and sweat makes you come off looking distrustful, but Iíve corrected the problem. You saw me on TV, I didnít sweat.
Bobby: Jimmy, I donít know.. I..
Jimmy: You gave the tobacco case to Lindsay and sheíd never even done a jury trial. You had a feeling and you went with it.
Bobby: Yeah, Well, I donít have that feeling here.
Bobby: I want you as second chair, youíre important to this case, definitely.
Jimmy: Ok, sure, ok, let me know what you need.
Bobby: I will.