Cut to scene of closing arguments in Eugeneís 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 didnít. But thatís what we all want to believe, letís be honest. Because if itís him we can feel relieved that the bad guyís off the street, we can feel safe. And thatís 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. Didnít 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, thatís 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 Ďs why he remembers that stuff, he processed it in a relative state of calm. But the suspect, black, big head, thatís all. And if you look at my client, Steven Finald doesnít have a big head, my headís bigger than his and soís your honours. No offence.

Judge: Just proceed council.

Eugene: The reason the law demands a police lineup ladies and gentleman is that itís because it is an accepted truth that when a victim identifies a lone suspect in police custody heís more likely to automatically conclude heís the guy. As a matter of law those idís are deem unreliable, untrustworthy, tainted. Thatís 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 wasnít 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, itís a normal size head now, so all weíre 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

Ellenorís coat on her.

George: I had a really nice time.

Ellenor rolls her eyes, but he canít see her do so.

George: Can I give you a ride or walk you to your car?

Ellenor: oh, no um, actually Iím uh gonna go to the clerks office, itís 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, Iím gonna take a raincheck, I Ďm sorry, itís just that a case that I though was going to be continued wasnít, 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: Iíd love to I really would itís just that Iíve got some houseguests coming, otherwise..

George looks like heís caught on now

Ellenor: but Iíll get my calender out I think Iím really clear next wek.

George: Iím 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 thisíll be a first then.

Bobby: Heís also an orthodox Rabbi, they did this in response to our moral duress strategy.

Lindsay: Heís a DA and a Rabbi?

Bobby: Mmhmm

Jimmy: Maybe this makes him more compassionate - heíll be willing to make a deal.

Bobby: I donít know anything about him as a Rabbi but as a DA, heís ruthless. They didnít put him on this to make a deal, thatís 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: Weíre on solid ground.

Ellenor enters

Bobby: Ah, Ellenor, good ,I want you on this Braun case.

Ellenor: Iím really sorry Bobby, I just canít do that. Bobby: Why?

Ellenor: Iím just not comfortable working on this case, please donít ask me to participate. Iíd 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. Iíd just rather not work on the case.

Bobby: fine

Cut to Eugene talking with his client.

Steven: you know you didnít ask me much about my story

Eugene: you told me you were out on a walk, thatís all I need to know.

Steven: It seems like you didnít want to know

Eugene: Well defence lawyers have to be careful, Iím 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, youíre a free bird ≠ eat right and exercise.

Steven: Thankyou

Judge: The defendant is free to go, weíre adjourned.

Eugene: Small bills only.

Renee: Mmmmm, buy yourself a new tie.

Steven: Mr Young, Iím free no matter what now right?

Eugene: Correct.

Steven: so no matter what I say now they canít arrest me.

Eugene: also correct, double jeopardy, but I wouldnít be going on any talk shows.

Steven: nah man, I only wanna say this to you. I didnít do it. I didnít 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: Iím 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, thatís all.

Rebecca: So now what happens?

Ellenor: Oh, you know the usual, Iíll call him during the day when I know heís at work, leave a few polite messages heíll eventually GET the message and Iíll 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 wasnít 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: Iíve been living with it my entire adulthood,

Iíll survive and Iím 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, youíre grateful for the game, you make exscuses, itís 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) Önevermind.

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, howíd your date go?

Ellenor: Oh, fine

Bobby: Good, Jimmy , where were you ≠ venue motion?

Jimmy: Somehow I thought youíd 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, Iím 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 , letís 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, Iím 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: thatís not the point, the point is the one you were trying to make yesterday. Iím convicting them before they even get to the judge and Iím the defence attorney.

Rebecca: Yeah but you got him an acquittal.

Eugene:Thatís 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 theyíre pushing harder on this than they did on Ronald Martin

Bobby: Thatís because you went on tv and you embarrassed them. Weíre here because of you.

Danny: I was trying to help

Bobby: Well you didnít. Itís still not too late to switch to insanity.

Braun: Itís still not to late to hire a new lawyer, that was the sanest moment of my life and Iím 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 ≠ heís great, heís 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. Iím on your side but you are in trouble.

----End of Episode-----

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