105. Part V

United States, Original Airdate, April 1, 1997
Written by: David E. Kelley
Directed by: Michael Schultz


-------------------- 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."


Itís 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 isnít 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: Iíd like to respond to that, I think this killer Rabbi crap is disgusting. If he was black youíd say the killer, if he was white youíd say the accused but give him a yamakah and you all gotta push the ethnic buttons. Itís 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. Theyíre putting up the victim and the arresting cop, thatís it. Figure one or two days unless you think of anyone who could testify for you. Questions?

Prisoner: Just one, who are you?

Eugene: Arenít 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) Youíre married.

Eugene: The Steven Finald case. Youíve got one witness Renee, it was night, Iíd 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: Iíll play the race card.

Renee: (Laughs) Thatís 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 Iíll tell you what. Now I shouldnít 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 Iím giving you a chance to make eight. Of course if you donít really think that you can win this case I understandÖ

Eugene: Uh uh uh, Iím in. With a ride ≠ itís 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 donít understand - youíre meeting him for both lunch and dinner?

Ellenor: The lunch is to get the meeting part over. The date is in the evening assumingÖyou 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 Bobbyís office where Dr and Mrs Braun are sitting on his couch.

Bobby: Theyíll 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 wonít 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 youíre actually thrown by a client who opts for the truth?

Bobby: Letís fix the system next week, for now you have temporary insanity defence or an extended prison term. If I seem thrown maybe Iím surprised that a person who shot somebody in the head can be such a stickler for principal!

Mrs Braun: Thatís 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, itíll get rough. If you want comfort go to your Rabbi, although I suspect that thatís 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. Itís more right for Ronald Martin to be dead than free.

Lindsay: We canít do that.

Jimmy: Course we can, just wink to the jury and say he did it let him go anywayÖ.thereís a name for itÖ..

Lindsay: Yeah, itís jury nullification and ethically a lawyer canít argue it.

Jimmy: We have a client who shot a guy in the head and weíre 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 wouldnít pull that trigger? Itís America, boom, not guilty.

Eugene walks in and hangs up his coat.

Eugene: Cancel whatever Iíve got on tomorrow Bec, Iím going to trial.

Rebecca: On Finald.

Eugene: DA wonít deal, sheíll bet though, Iíve got a hundred bucks saying Iíll win.

He goes over and smells the flowers on Ellenorís 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: Heís good.

Lindsay: This eyewitness is perfect.

Eugene: When I hear theyíre perfect I smile, you want in on the action hundred bucks.

Bobby: Donít do it.

Lindsay: I handled the arraignment on this case, I read the incident report, he canít win this.

Ellenor: Donít 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 Iíll be watching. The education will be worth the money I lose.

Bobby: Címon Jimmy.

Lindsay: You can not win this case. You wonít

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, Iíll 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: Youíre going jury nullification?

Bobby: I donít know what Iím doing yet.

Judge: You donít know what youíre doing and youíre asking for an immediate trial?

Bobby: Right.

Judge: I will hammer that jury with the strongest instruction I have ever crafted ≠ know that.

Bobby: Iíve 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, thatís 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: Iím curious Eugene ≠ why didnít 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 thereís no discovery on him, the whold case rests on the victims eyewitness testimony.

Rebecca: So why didnít you get it kicked on constitutional grounds?

Eugene: You going to law school on the sly Rebecca?

Rebecca: You donít need to be a lawyer to know that thereís 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 Iím 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 isnít saying much no matter how much time you put in. Seems to me you could have brought probable cause, or motions to suppress but youíre happy just to jump through the court appointed required hoops.

Eugene: Done?

Rebecca: Thatís 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 whatís..

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 itís 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.