THIS TRANSCRIPT WAS DONE BY CALI.
-------------------- Disclaimer --------------------
We do not own the characters in this story, nor do we own any rights to the television show `The Practice'. They were created by David E. Kelley and belong to him and David E. Kelley Productions.
This is a cut and dry transcript of "Part V."
-----Opening-----
It’s a courtroom and Bobby is standing next to the defence table where the Rabbi Danny sits. He is arguing something to the judge.
Bobby: This man was arrested for exercising his right to free speech.
Judge: All speech isn’t protected council, especially the kind that facilitates murder.
Bobby: He gave an opinion. A congregate came to him seeking spiritual counselling and he gave his learned opinion.
Judge: Your motion is denied. (Bobby looks peeved) Rabbi Warner will stand trial for accessory to a homicide to commence immediately following the Gerald Braun murder trial. Busy month for you.
Shot to outside the courtroom where Bobby, Jimmy and the Rabbi are leaving through a throng of reporters.
Reporter: Rabbi Warner can I get you to comment?
Bobby: No comment.
Reporter: People have dubbed you the killer rabbi would you have any reaction?
Bobby: No comment.
They reach the elevator and Bobby and the Rabbi go in but Jimmy holds the doors open facing the reporters.
Jimmy: I’d like to respond to that, I think this killer Rabbi crap is disgusting. If he was black you’d say the killer, if he was white you’d say the accused but give him a yamakah and you all gotta push the ethnic buttons. It’s shameful.
Bobby: Jimmy!
Jimmy: No further comments.
The elevator closes and we cut to the credits.
Scene Jail interviewing room (you know the one with the glass panels and the phones you talk into) Eugene walks in lead by a guard and sits down opposite a black guy with dreds.
Eugene: Ok Steven, trial is set for tomorrow, should be quick. They’re putting up the victim and the arresting cop, that’s it. Figure one or two days unless you think of anyone who could testify for you. Questions?
Prisoner: Just one, who are you?
Eugene: Aren’t you Steven Finald?
The prisoner hangs up the phone and Eugene moves onto the next booth where another black guy is sitting.
Eugene: Ok Steven?
The guy nods.
Eugene: Trial set for tomorrow, should be fast. There putting up the victim and the officer. I figure one to two days. Questions?
Cuts to scene of a lady walking through the courthouse and Eugene runs up after her.
Eugene: Make me an offer.
DA (her name we later find is Renee): (smiles) You’re married.
Eugene: The Steven Finald case. You’ve got one witness Renee, it was night, I’d get reasonable doubt, just think about it.
Renee: Uh huh and your Steven Finald has three priors, the parking lot was well lit and I have eyewitness testimony.
Eugene: I’ll play the race card.
Renee: (Laughs) That’s why they put me on this case to take away your race card.
Eugene: Three years, two suspended, we plead guilty.
Renee: So he serves just one?
Eugene: If you lose he walks.
Renee: Look I’ll tell you what. Now I shouldn’t do this, I could lose my job but ah - a hundred bucks.
Eugene: Sorry?
Renee: A hundred bucks says you lose.
Eugene: You want to bet on it?
Renee: Now you took this court appointed right.
Eugene: Uh huh.
Renee: That means your fee tops at 700?
Eugene: Mmmm
Renee: Now I’m giving you a chance to make eight. Of course if you don’t really think that you can win this case I understand…
Eugene: Uh uh uh, I’m in. With a ride it’s double if the jury takes less than an hour to deliberate.
Renee: You got it.
Cut to a scene of the office (then Donnell and Associates) Rebecca is talking to Ellenor over a stack of files. The office was pretty shabby then. Bobby is in the background.
Rebecca: I don’t understand - you’re meeting him for both lunch and dinner?
Ellenor: The lunch is to get the meeting part over. The date is in the evening assuming…you know. (Rebecca nods)
Rebecca: Are you all right (ellenor looks nervous)
Ellenor: Not really, to tell you the truth I would have just preferred to keep the phone relationship going for another month or you know, a year. Becca, will you help me with my makeup?
Rebecca: Of course (reassuringly patting her hand)
Ellenor: Thanks.
Cut to Bobby’s office where Dr and Mrs Braun are sitting on his couch.
Bobby: They’ll drop to murder two but no go on manslaughter.
Dr Braun: Which means what?
Bobby: Trial.
The Brauns look anxious
Bobby: No point in copping to second degree. My advice temporary insanity I think the jury will jump at it.
Dr Braun: Temporary Insanity, The Ronald Martin defence. (Ronald Martin was his daughters murderer)
Bobby: Your daughter was murdered, the pressure of a trial topped off with an acquittal you snapped.
Dr Braun: No.
Bobby: Excuse me?
Dr Braun: No, I will not use the Ronald Martin defence, I knew what I was doing I won’t pretend otherwise.
Mrs Braun: Gerald!
Dr Braun: No!
Bobby: Dr Braun, you have no other choice!
Dr. Braun: Look at you. You are advising me to lie and you sit there polaxed at my hesitation. Is dishonesty so organic to this system that you’re actually thrown by a client who opts for the truth?
Bobby: Let’s fix the system next week, for now you have temporary insanity defence or an extended prison term. If I seem thrown maybe I’m surprised that a person who shot somebody in the head can be such a stickler for principal!
Mrs Braun: That’s not fair, How dare you?
Bobby: Mrs Braun it is not my function as a lawyer to coddle either one of you. This is a murder trial, it’ll get rough. If you want comfort go to your Rabbi, although I suspect that that’s partly what got you into this trouble to begin with.
Scene of the conference room where Ellenor, Lindsay and Jimmy are packing up and walking out.
Jimmy: We should go with the Rabbi on this one.
Ellenor: What does that mean?
Jimmy: Well stand right up in court and say what Daniel said on the TV show was right. It’s more right for Ronald Martin to be dead than free.
Lindsay: We can’t do that.
Jimmy: Course we can, just wink to the jury and say he did it let him go anyway….there’s a name for it…..
Lindsay: Yeah, it’s jury nullification and ethically a lawyer can’t argue it.
Jimmy: We have a client who shot a guy in the head and we’re gonna get caught up on ethics? Put it right to that jury - Ronald Martin got what was coming to him, what if it was your daughter - who wouldn’t pull that trigger? It’s America, boom, not guilty.
Eugene walks in and hangs up his coat.
Eugene: Cancel whatever I’ve got on tomorrow Bec, I’m going to trial.
Rebecca: On Finald.
Eugene: DA won’t deal, she’ll bet though, I’ve got a hundred bucks saying I’ll win.
He goes over and smells the flowers on Ellenor’s desk.
Eugene: Podiatrist?
Ellenor playfully swats him and he laughs.
Lindsay: Excuse me, you made a bet on Finald the armed robber?
Eugene: The very one.
Lindsay: They have an eyewitness.
Eugene: You ever seen me cross examine an eyewitness
Lindsay? Tell her Bobby.
Bobby: He’s good.
Lindsay: This eyewitness is perfect.
Eugene: When I hear they’re perfect I smile, you want in on the action hundred bucks.
Bobby: Don’t do it.
Lindsay: I handled the arraignment on this case, I read the incident report, he can’t win this.
Ellenor: Don’t bet him Lindsay.
Lindsay: (pauses and smiles at Eugene) A hundred bucks.
Eugene: Cha ching!
Everyone laughs.
Lindsay: You can not win this case and if you do I’ll be watching. The education will be worth the money I lose.
Bobby: C’mon Jimmy.
Lindsay: You can not win this case. You won’t
Eugene is laughing but Rebecca looks kinda disgusted a shakes her head at him.
Cut to a scene of a courtroom where Bobby is standing next to a defence table with Jimmy and Dr. Braun sitting at it.
Bobby: The defence reasserts its plea of not guilty and we would be requesting an immediate trial date.
Judge: Not guilty by reason of insanity?
Bobby: No your honour, straight not guilty.
Judge: You plan to challenge the constitutionality of the confession?
Bobby: No.
Judge: A plea of not guilty is not entered, I’ll see council in chambers.
Cut to the judges chambers where the lawyers are all walking in.
Judge: Well?
Bobby: My client insists on Not Guilty, he refuses to argue insanity.
Judge: You’re going jury nullification?
Bobby: I don’t know what I’m doing yet.
Judge: You don’t know what you’re doing and you’re asking for an immediate trial?
Bobby: Right.
Judge: I will hammer that jury with the strongest instruction I have ever crafted know that.
Bobby: I’ve got a job to do your honour.
Judge: As do I you better come up with something else I will not let you argue to the jury that they ignore the law.
Bobby: I will just be asking that they listen your honour, that’s it.
Judge: Right.
Cut to a scene of the office at night, Rebecca is walking through it carrying some files.
Rebecca: (to Eugene) working late.
Eugene: Trial starts first up.
Rebecca: I’m curious Eugene why didn’t you ask for a probable cause hearing?
Eugene: On this?
Rebecca: If nothing else it would have been good discovery.
Eugene: They would have put up the cop and there’s no discovery on him, the whold case rests on the victims eyewitness testimony.
Rebecca: So why didn’t you get it kicked on constitutional grounds?
Eugene: You going to law school on the sly Rebecca?
Rebecca: You don’t need to be a lawyer to know that there’s something wrong with an ID being made while the suspect is still in handcuffs.
Eugene: The suspect was made three times. Once before and once after the arrest.
Rebecca: Ok guess I’m wrong then.
Eugene: Say what you have to say Rebecca.
Rebecca: Since you ask, This case is court appointed, you get the same pay which isn’t saying much no matter how much time you put in. Seems to me you could have brought probable cause, or motions to suppress but you’re happy just to jump through the court appointed required hoops.
Eugene: Done?
Rebecca: That’s all.
Eugene: First off the guy did it we all know..
Rebecca: Almost all our clients did it
Eugene: I thought you were done?
Rebecca: Well I had no idea you were going to say that.
Eugene: Second a probable cause hearing or a challenge, they would have been so futile what’s..
Rebecca: Yeah but you could have preserved the grounds to appeal.
Eugene: Third how I choose to defend my case is none of your business.
Rebecca: Firm business is my business and if I see malpractice it’s my responsibility..
Eugene: Malpractice! Rebecca you know nothing about the actual practice of law and you seem to overlook that fact that I am going to win - winning rarely amounts to malpractice.
Rebecca: Good thing for Mr. Finald you got money on it.
Rebecca leaves the office.