Cut to scene of closing arguments in Eugene’s case
Renee:(pointing to Steven) It was him, It was him ,It was him! Now how many times did we hear Mr Augusta say this? They were standing nose to nose, the lighting was clear. That was the man that stuck a knife to him, threatened to kill him, he robbed him. Now the uh defence council did a lovely job of trying to confuse the witness, to rattle him, see how much water he could make him drink. But he could not shake him on the one question we have here. Who did it? He did.
Eugene: No, he didn’t. But that’s what we all want to believe, let’s be honest. Because if it’s him we can feel relieved that the bad guy’s off the street, we can feel safe. And that’s what Mr. Augusta wanted to believe as he was driven to see this man. Let it be him, let it be him and when he saw Steven Finald there with handcuffs on it became just a little bit easier to conclude that it was him. Didn’t it. Let me tell you what I think you may already know. A man puts a knife to this man and as the victim said he went into shock and nothing really registered except black, big head, that’s all. Then this man runs away and Mr Augusta gathers himself, while waiting for the police to show up he takes stock of the lampposts, the cars, the fern trees. That ‘s why he remembers that stuff, he processed it in a relative state of calm. But the suspect, black, big head, that’s all. And if you look at my client, Steven Finald doesn’t have a big head, my head’s bigger than his and so’s your honours. No offence.
Judge: Just proceed council.
Eugene: The reason the law demands a police lineup ladies and gentleman is that it’s because it is an accepted truth that when a victim identifies a lone suspect in police custody he’s more likely to automatically conclude he’s the guy. As a matter of law those id’s are deem unreliable, untrustworthy, tainted. That’s why they called him back the next day to pick a suspect out of a lineup, because the id made before was unreliable, untrustworthy, tainted. Now you might say he did pick Steven Finald up out of a lineup. Of course, but he wasn’t identifying the man who put a knife to his groin, he was identifying the man he saw in police custody. This man is not the man with the knife, not the big headed man, This man is only who Mr Augusta wants to believ is the bad guy and he admits that, big head, no big head, it’s a normal size head now, so all we’re left with is black. Steven Finald sits here black. They found no knife, no wallet, no watch, they found no physical evidence, just an eyewitness in shock who says that he can only give a general description, half of which, the big head part, he retracts. Do I really have to stand hear and argue reasonable doubt?
Cut to the restaurant where George is putting
Ellenor’s coat on her.
George: I had a really nice time.
Ellenor rolls her eyes, but he can’t see her do so.
George: Can I give you a ride or walk you to your car?
Ellenor: oh, no um, actually I’m uh gonna go to the clerks office, it’s just across the street.
George: What about tonight, did we decide dinner or movie I meant to bring the listings but I forgot.
Ellenor: you know George, I’m gonna take a raincheck, I ‘m sorry, it’s just that a case that I though was going to be continued wasn’t, I think the judge is trying jam us and to force a settlement. Anyway I have to be in federal court first thing in the morning.
George: Oh well sure, maybe Friday..
Ellenor: I’d love to I really would it’s just that I’ve got some houseguests coming, otherwise..
George looks like he’s caught on now
Ellenor: but I’ll get my calender out I think I’m really clear next wek.
George: I’m out of town the next week.
Ellenor: Ok, well how about the next week?
George: Sure, week after sounds good. ( thus began the psycho)
Cut to the office
Jimmy: I just got this fax from the clerks office the notice of appearance of a new DA, in the braun trial.
Bobby: Asha Silverman!
Jimmy: What you know this guy?
Bobby: Asha Silverman is legend, he has never lost a murder trial.
Lindsay: So this’ll be a first then.
Bobby: He’s also an orthodox Rabbi, they did this in response to our moral duress strategy.
Lindsay: He’s a DA and a Rabbi?
Bobby: Mmhmm
Jimmy: Maybe this makes him more compassionate - he’ll be willing to make a deal.
Bobby: I don’t know anything about him as a Rabbi but as a DA, he’s ruthless. They didn’t put him on this to make a deal, that’s sure.
Cut to Bobby talking to Danny.
Danny: this is obviously to offset any argument we make on Jewish law.
Bobby: Which is why I gotta know
Danny: We’re on solid ground.
Ellenor enters
Bobby: Ah, Ellenor, good ,I want you on this Braun case.
Ellenor: I’m really sorry Bobby, I just can’t do that. Bobby: Why?
Ellenor: I’m just not comfortable working on this case, please don’t ask me to participate. I’d really ask that you respect me on this.
Bobby: oh, ok.
Danny: Forgive me, Could I be so intrusive as to ask why?
Ellenor: You wore your yamakah on that tv program, when a Rabbi speaks he represents Judaism, you represented it as vengeful and as a jewish person I was offended. I’d just rather not work on the case.
Bobby: fine
Cut to Eugene talking with his client.
Steven: you know you didn’t ask me much about my story
Eugene: you told me you were out on a walk, that’s all I need to know.
Steven: It seems like you didn’t want to know
Eugene: Well defence lawyers have to be careful, I’m stuck with whatever you tell me, sometimes the less I know the more free I can be with my defence. Now you follow that?
Steven: yeah, all of it.
Bailiff enters verdict.
Cut to verdict scene
Eugene: 36 minutes
Renee: I can tell time
Judge: Will the def. Please rise. Members of the jury have you reached a verdict.
Foreperson: We have, on the matter of the commonwealth vs. Steven Finald, armed robbery, we find the defendant not guilty.
Steven looks relieved.
Eugene: Alright Steven, you’re a free bird eat right and exercise.
Steven: Thankyou
Judge: The defendant is free to go, we’re adjourned.
Eugene: Small bills only.
Renee: Mmmmm, buy yourself a new tie.
Steven: Mr Young, I’m free no matter what now right?
Eugene: Correct.
Steven: so no matter what I say now they can’t arrest me.
Eugene: also correct, double jeopardy, but I wouldn’t be going on any talk shows.
Steven: nah man, I only wanna say this to you. I didn’t do it. I didn’t stick that guy up, I was just out taking a walk, so uh thanks for believing in men
Renee: what he say?
Eugene: you know, just thanking me
Cut to Bobby in a courtroom
Judge: Change venue to where?
Bobby: Charleston, you could still keep juridiction if you want.
Judge: oh you think there might be more media attention in Charleston?
Bobby: I’m just looking for a fair trial your honour.
Judge: yeah, or you might be looking for a jury to come back and grant your client mayor. The motion to change venue is denied the defendant will stand trial here. Adjourned.
Cut to the office
Ellenor: I postponed it, that’s all.
Rebecca: So now what happens?
Ellenor: Oh, you know the usual, I’ll call him during the day when I know he’s at work, leave a few polite messages he’ll eventually GET the message and I’ll meet up with him, you know, sometime around NEVER.
Rebecca: You got it all figured out
Ellenor: I know how it works, trust me on this one.
Rebecca: You had no right to do that.
Ellenor: Right, I need a right?
Rebecca: The kind of treatment you expect from others..
Ellenor: It just wasn’t there Rebecca, the chemistry..
Rebecca: And you rejected him because of his looks
Ellenor: Yeah, and?
Rebecca: And you can live with that?
Ellenor: Can I live with that?
Rebecca: Yes.
Ellenor: I’ve been living with it my entire adulthood,
I’ll survive and I’m sure so will George.
Rebecca: You could have at least been honest, this stupid game, come on.
Ellenor: let me explain something to you Rebecca, you’re grateful for the game, you make exscuses, it’s a lot easier to take than the truth even when you know..And as for my right, if I have ever earned an entitlement to anything (she breaks) …nevermind.
Cut to Bobby and everyone walking in
Bobby: First up , jewish law, between now and next week you are going to make me an expert on it oh hey, Ellie, how’d your date go?
Ellenor: Oh, fine
Bobby: Good, Jimmy , where were you venue motion?
Jimmy: Somehow I thought you’d be ok without me.
Bobby: A minute, please, now.
They go into his office.
Bobby: I want and need your help on this case but make no mistake, you are not a good trial lawyer, I’m sorry
Jimmy, but this is a homicide case, you are being selfish and totally unfair to the client. I consider you an asset to this firm but for now your job is primarily motion and trenchwork , let’s not make any mistake on that. Now come on we have to meet with out client.
Cut to a shot of Eugene in a bar drinking and Rebecca walks in a sees him
Rebecca: Hey
Eugene: Hey, I’m buying, came into some cash. Rebecca: Usually when you win you come back with a strut.
Eugene: my client did not commit the crime with which he was charged and it never even dawned n me that he was anything but guilty.
Rebecca: Well they almost always are guilty
Eugene: that’s not the point, the point is the one you were trying to make yesterday. I’m convicting them before they even get to the judge and I’m the defence attorney.
Rebecca: Yeah but you got him an acquittal.
Eugene:That’s probably why I feel so good to the winners.
Cut to the office at night
Gerald: Does anybody get any of this. Ronald Martin commits murder and they assign a junior varsity DA, for me they bring in the heavy weight
Bobby: Ham Bourg is not junior varsity, trust me
Danny: yeah but they’re pushing harder on this than they did on Ronald Martin
Bobby: That’s because you went on tv and you embarrassed them. We’re here because of you.
Danny: I was trying to help
Bobby: Well you didn’t. It’s still not too late to switch to insanity.
Braun: It’s still not to late to hire a new lawyer, that was the sanest moment of my life and I’m going to get up on the stand and say that.
Bobby: Say it like that and you wave bye to your wife and world,
Braun: Whose side are you on here?
Bobby: Listen to me both of you, the whole world might be bidding to tell your story all I care is what twelve people in a box think.. This DA is good he’s great, he’s never lost a murder trial and if he can convince those jurors to ignore the cheering and listen to the law like they should be doing then you both go away because you committed pre meditated murder and you were an accessory. I’m on your side but you are in trouble.
----End of Episode-----