416. Settling

United States, Original Air Date, March 12, 2000.
Written by: David E. Kelley (?)
Directed by: ?


Scene: The office.

Jimmy: Can you draft up a motion to compel on Peters?

Lucy: Documents?

Jimmy: Yeah.

(Bobby walks in, looking at a file.)

Lindsay: Bobby, you ready?

Bobby: Ready?

Lindsay: To go to the printers for the invitations?

Bobby: Oh God, I completely forgot! I got the Strauss depo at 10. (to Jimmy and Ellenor) Discovery's over on Peters?

Jimmy: But we still don't have the medicals.

Lindsay: You promised!

Ellenor: Strauss, that jerk?

Bobby: That client. (to Lindsay) I'm sorry. (to Jimmy and Ellenor) You should move for sanctions.

Jimmy: I'll never get that...

Lindsay: You scheduled this depo intentionally.

Bobby: (to Lindsay) I didn't! (to Jimmy and Ellenor) At least try.

Lindsay: Can you at least look? (holds up prints for the invitations) (Bobby sighs and looks) Parchment with black ink or white with embossing?

Lucy: Yes on sanctioning, Bobby?

Bobby: (to Lucy) Uh... yes.

Jimmy: The embossing is nice.

Lindsay: (not meanly) I didn't ask you.

(Lindsay looks expectantly at Bobby)

Lucy: Bobby, you're going to be late. Here's Strauss' address. (hands a paper to him)

Lindsay: Bobby!

Bobby: Uh... white with the gold border.

Lindsay: That wasn't one of the choices!

Bobby: You asked my opinion.

Lucy: (quietly) Doesn't mean she wanted it...

Bobby: White with the gold. (walks out)

Lindsay: He didn't even look.

Jimmy: They never give you sanctions. (to Ellenor) You ever get sanctions?


(Bobby is in a parking garage walking to his car. He presses the remote button and the car beeps twice as he approaches. A man comes up from behind and pushes him onto the car. Bobby tries to get free. The guy slams his head against the hood of the car, leaving blood on the car and on Bobby's head.)

Bobby: (weakly, his head against the car) Here's the keys.

Guy: That ain't gonna do it.

Bobby: Here's my wallet...

Guy: That ain't gonna do it, either. (Bobby makes one last attempt to get the guy off, but the guy slams him back onto the car and punches him in the stomach) (Pulls out a gun) Maybe you didn't see the gun, huh? (shoves it into Bobby's face)

Bobby: Take my watch... ATM card... whatever-- whatever you want.

Guy: I want you, Bobby Donnell. I came for you.

(Opening credits. They pick the best times for commercials in this one.)


(The guy and Bobby walk into a house. The guy is pushing Bobby ahead.)

Guy: Over there! (He shoves him into the house. Bobby falls on the floor, but quickly gets up)

Bobby: (raising his hands) Look pal, I don't know what you want...

Guy: Sit down. (Bobby is hesitant) Sit your ass down! (He pushes Bobby into a chair) Do me a favor too, okay? (Leans close to Bobby's face, Bobby is breathing hard) Don't call me pal. I want you to call me Mr. Rooney. Okay? Ain't that what the judge called me, huh? Mr. Rooney? Right before he dumped my ass in the hole for 12 years? (He walks up to Bobby with a rope and starts tying his hands up behind the chair)

Bobby: Rooney?

Rooney: Yeah. Rooney. Patrick Rooney. Your old client.

Bobby: When?

Rooney: 1988. Braintree. Double homicide. (he finishes tying his hands up) I didn't think you'd remember. (Walks to a different part of the house)

Bobby: Wait a second. Rooney. I got you a deal, didn't I?

Rooney: (Walking back) Yeah. You got rid of me. That's what you did.

Bobby: What are you talking about?

Rooney: Shut up! (waves the gun at him)

Bobby: (shaking his head) Wait a minute. Wait a minute. Rooney. You had a trial!

Rooney: (He now has a bigger, riffle-y sort of gun) Some trial. You were really good there, too. (Sits across from Bobby with the huge gun)

Bobby: You sat there. You heard the evidence. You said yourself the jury was going to convict. I didn't force you to take any deal. What are you talking about?!

Rooney: (yelling and pointing) You told me it was this or life! (Bobby looks shocked and confused) So I did 12 years for killings that I didn't do. (He opens up the giant gun and puts a giant bullet in it. Bobby watches him, scared) It's judgment day, Bob. Now you're on trial.


Scene: An invitation store.

(Lindsay is walking looking at the order form)

Lindsay: I really hope I ordered enough invitations.

Helen: 250. Lindsay, it's a wedding, not a Celtic game.

Store owner: I really don't think you should rush her.

Helen: Excuse me?

Owner: If you're not here to be helpful...

Helen: (sitting down next to Lindsay) Y'know, maybe you should pretend like you have another customer.

Owner: Aren't you the witch? How many came to your wedding?

Helen: I'm not married.

Owner: Big surprise.


Scene: Back at the office. Everyone but Bobby and Lindsay are there.

Lucy: (hanging up the phone) That's weird. Hey, has anyone seen Bobby? He hasn't shown up yet for the deposition.

Ellenor: Well, maybe he got caught in traffic.

Eugene: He left over an hour ago and he was only going to Medford. (They all look at each other)


Scene: The hostage house.

(Patrick is looking out the window)

Bobby: You want to tell me what your problem is or what?

Patrick: You're my problem!

Bobby: That much I gather. Maybe you could be more specific.

Patrick: (turns around) Y'know, it would be poor judgment for you to get smug right now.

Bobby: All right, look, I'm sorry if you felt you didn't get a fair shake. It happens sometimes. It's not a perfect system.

Patrick: Well, I got news for you. It wasn't the system. It was you.

Bobby: You may want to think that, but-

Patrick: Hey, I just wanted to take the stand and tell my side of the story. But you- you wouldn't let me.

Bobby: I did that to protect you-

Patrick: To protect me?

Bobby: Yes. You had a list of priors.

Patrick: Doesn't mean I killed anyone.

Bobby: You take the stand, the priors come in.

Patrick: I wasn't on trial for my priors!

Bobby: That wouldn't have mattered to the jury. They just would've concluded that--

Patrick: The jury should've heard me say that I didn't kill anybody! Instead, I sat there with my mouth shut on your advice, and they made their own conclusions, didn't they, counsel? (pulls up a chair across from Bobby) You know what really bothers me? You know what's really been eating at me? You. You never even asked to hear my side of the story. You didn't even want to listen.

Bobby: There's a reason for that. Whatever you tell me as a client, I'm stuck with it. If I know you're about to lie on the stand, I have a duty to go to the judge and tell him. It's better in some situations for the lawyer not to hear what happened!

Patrick: Assuming that I would be lying. Which I wasn't. I was gonna tell the truth. But you refused to believe me!

Bobby: (softly) Okay, Patrick. Okay. Tell me the story.

(Patrick swallows and begins his story.)

Patrick: I stayed in the car that night.

(Flashback to the night of the murder, they show a man getting out of Patrick's car)

Patrick (V.O.): Mickey went inside. I had no idea what he was going to do. (shows Patrick in the car, twiddling his thumbs.) I only drove him to his ex's because he said he had some things to get back from her. He told me he was going to talk to her. It'd just take a few minutes, so I waited. All of a sudden I heard shots going off. (shows a window and lights flashing, and you can hear gunshots) I didn't even know Mickey had a piece on him that night.

Bobby: But you ran-

Patrick: I freaked! (Flashback again. Shows Mickey running out of the house with a bag over his shoulder.)

Patrick (V.O): I turned around, I seen Mickey come out covered in blood. (shows Mickey standing in the middle of the street while Patrick dries away) I couldn't have any part of that, so I took off, okay? (End flashback)

Bobby: Even if that were true, we had no way of proving it. Mickey didn't live long enough to back you.

Patrick: Because the police killed him!

Bobby: As I recall, they found your jacket next to the bodies with the mother's blood all over it-

Patrick: (standing, yelling) Mickey borrowed my coat!! I'm telling you, I stayed in the car!

Bobby: Okay, Patrick, I believe you. I believe you.

(Patrick gets mad and hits Bobby in the stomach with the gun, really hard. Bobby kind of grunts bends over in pain.)

Patrick: Don't play with me. You never believed me!

(Bobby's cell phone rings. He's still in the same position. Patrick reaches in is suit pocket and pulls it out, pressing the talk button. Rebecca's voice comes over.)

Rebecca's voice: Bobby? Bobby, are you there? Bobby?

(Patrick puts the phone on the chair and slams the gun down hard, right in the middle of it, breaking it into millions of pieces and, of course, cutting off Rebecca.)

(cut to the office, Rebecca on the phone)

Rebecca (into phone): Bobby? Bobby.

(Eugene walks over) (Rebecca kind of looks at the phone, a confused and concerned look on her face)

Eugene: What?

Rebecca: I think he answered, but then it went dead.

Eugene: Well, it probably didn't go through.

Rebecca: No, no. Somebody answered. (Eugene looks thoughtful)


Scene: Back at the invitations store.

Owner: All right. (hands Lindsay a paper)

Lindsay: This is wrong. It's not "Mr. and Mrs. Robert Donnell". It's supposed to read "Ms. Lindsay Dole and Mr. Robert Donnell" on the envelopes.

(the owner nods and writes something down, adding a thoughtful "hmm")

Lindsay: What?

Owner: You're sublimating.

Lindsay: I'm what?

Owner: You're taking it out on the envelopes, it's very common. Things will go a lot smoother with your second marriage. I heat my pool on repeat business.

Helen: People actually come back to you?

Owner: You're hurtful. And you wonder why you can't latch onto a husband.

(Stands and walks away, the evil look on her face pointing at Helen.)

(Lindsay and Helen stare at each other as a cell phone rings.)

Helen: Is that you or me?

Lindsay: I got it.

Owner: (walking away) Drug dealers.

(Lindsay picks up the phone)

Lindsay: Yeah? Ugh, no I haven't heard from him..... Did you try his cell phone? ..... That's strange. (she says this with fear developing in her throat) Okay, I'm on my way. (hangs it up and stands)

Helen: What is it?

Lindsay: Bobby never showed up for his deposition, and no one's heard from him. (Helen stands too and follows her out the door)


Scene: Hostage house.

(Patrick's got a gun attached to a thing around Bobby's neck. He is leading him into a chair)

Patrick: You're breathing pretty heavy, counsel. What's the matter, you scared?

Bobby: (sitting) Isn't that what you want?

Patrick: I'd just hate to see this gun go off by accident. That would be ironic, wouldn't it? See, I'm having a hard time living with your mistake, and you certainly couldn't live with mine.

Bobby: Patrick, however angry you are, you're free now. You're out. Why throw that all away?

Patrick: Hey. It was all thrown away the day you were assigned to me.

Bobby: Fine. So now what, you're gonna kill me and go back to prison? Your life will be over.

Patrick: (raises voice) Let me tell you something, Bobby. The only thing that's kept me going is hate. Knowing that if I just stuck it out, I would get the chance to have this very moment right here. That's the only thing I've had to cling to for the past 12 years. Now that might not seem like much to most people. But for me? To have the chance to kill you...

Bobby: If that were it, you would have done it.

Patrick: Oh, it'll happen. But first, you're gonna face the facts. The facts that could've cleared me. The facts that you ignored. And then I'll kill you.

(Commercial. See, I told you.)


Scene: The office.

(All except Eugene (and obviously Bobby and Lindsay) are on the phone, all talking at once.)

Jimmy: Nobody at all? Maybe he came in with a head injury. An amnesia thing. He could've come in as a John Doe. No?

Ellenor: He's about 6'1", dark brown hair, blue eyes. Yes, Donnell is the last name. Yeah, sure, I'll hold again.

Rebecca: (off phone) Nothing from Mass General.

Ellenor: Ditto from Tufts New England.

Eugene: And they're still saying his cell phone is out of range and not turned on.

(Lindsay runs through the door with Helen close behind)

Lindsay: Any news?

Jimmy: Nothing. He hasn't shown up at a hospital.

Helen: Did you call the police?

Jimmy: Not yet.

Lindsay: Why not?

Rebecca: Lindsay, I'm on it.

Helen: Get Maguire. I'll talk to him.

(Rebecca nods and dials the number.)

Lucy: Lindsay, I'm on the phone with Bobby's credit card company. They're saying something about him buying electronics equipment. DVD player, wide screen TV..

(Lindsay takes the phone)

Lindsay: Hello, this is Lindsay Dole I'm Mr. Donnell's fiancee. Is the person using Mr. Donnell's credit card still at the electronics store? Then get them to hold him. What do you mean, you can't?! He's got his card!

(Helen grabs the phone from Lindsay)

Helen: Look, this is Helen Gamble of the Suffolk County District Attorney's office. I need you to talk to your manager. Tell him to have security hold the man until the police-- I don't care what your policy is! Do what I say or I will charge you with obstruction of justice. (to Lucy) Give me the number of the store. (Lucy hands it to her. Helen starts writing something down.)


Scene: Hostage house.

Patrick: Y'know, I can still remember the first time you came to see me in the lockup. You walked in real sharp. I figured "Great. Some big Harvard type attorney. No problem." Did you go to Harvard, Bobby? (Bobby is silent) Hey. I asked you a question.

Bobby: I went to Suffolk.

Patrick: Suffolk? That's a race track.

Bobby: Look, what the hell do you want from me? I've been sitting here for three hours--

(Patrick stands up and points the gun straight at Bobby.)

Patrick: You son of a bitch! I'd kill you right now if I wasn't...

Bobby: What? If you weren't what?

Patrick: You just shut up. You just shut your face and sit there!


Scene: Some interrogation room thing. Mike is questioning this fat guy who stole Bobby's card.

Fat guy: I told ya, I told ya, and I told ya. I lifted the cards from the guy's wallet. It was just laying there.

Mike: Lying where?

Fat guy: Is this some kind of trick? I already said!

Helen: Then tell us again, Mr. Franco.

Fat guy (Franco): In the parking structure, on the ground, second level.

Mike: And you didn't roll the guy? (Lindsay is staring out the window) You never saw Mr. Donnell at all?

Franco: Come on, detective. You got my record right there in front of you. I boost and fence. Sometimes I kite a few checks, but I don't break heads! I just took the guy's cards.

(Lindsay has had enough, and she opens the door and walks away. Helen and Mike just look at Franco.)


Scene: Hostage house.

(We see old pictures of little kids on the dresser. Bobby looks in the corner and sees a walker.)

Bobby: You don't live here, do you?

Patrick: (looking out the window again) Yeah, I do.

Bobby: Having trouble walking lately?

Patrick: (turns around) That's my grandfather's.

Bobby: Does he know what you're doing here? (we see that Bobby is trying to get his hands free)

Patrick: No. He died the week before I got out of jail.

Bobby: Were you two close?

Patrick: Are we bonding now?

(A noise is heard from another room. Bobby turns to see what it was and we see just a closed door.)

Patrick: (running towards the door) You stay right there.

(he opens the door and goes in, shutting it behind him. Bobby tries desperately to get the ties off as soon as he leaves. HE can't, so he tries to get the thing around his neck that's attached to the gun off with his feet. He lifts it up and succeeds in getting it off just the very second that Patrick comes back. Patrick hits him hard over the head with his fist and a gun. Bobby falls to the floor.

Patrick: (pointing the gun down at Bobby) I got nothing to loose. (Bobby groans a few times) Nothing.

(Bobby looks into the room. We see a man with duct tape over his mouth, sitting on the floor.)


Scene: Crime scene, i.e. the parking garage. But it looks like they have moved the car out to the street.

(Helen gets out of the car)

Helen: Don't be jumping to any conclusions. This can be very misleading.

(Eugene and Lindsay also get out of the car)

Eugene: Helen, we've been to crime scenes before.

(Lindsay walks to the car. She sees a man taking blood off of the car and she has to turn around. She looks back at the car, a little scared.)

Eugene: You sure you want to be here? I could take you back to the office.

Lindsay: No. I'll be all right. (she walks back to the car) (another man is taking a picture of the bloody hood.)

Helen: (to Mike, they're talking over by a police car) What do you got?

Mike: Not much.

Helen: Carjacking?

Mike: Possible. But most of those guys total the vehicle before they kick it back. And looking at the blood on the hood--

Helen: I know. But I want the facts before I go there.

Mike: We'll do a typing.

(they turn to see Eugene and Lindsay walking up)

Mike: Hey, Eugene. (shakes his hand) Lindsay.

Lindsay: Do you have any witnesses?

Mike: We're talking to people now, but I want to be realistic.

Eugene: Meaning what, exactly?

Mike: They're not big on neighborhood watch in this part of town. Most of the guys down here- They see a uniform, they think it's coming for them.

Helen: Do what you have to do to get answers. I'll look the other way if I have to.

(Lindsay is just staring at the car)


Scene: Hostage house, continued from earlier. Now the hostage is in the room sitting on a chair and Bobby is sitting across from him on the floor.)

Patrick: (to hostage) Sit right there.

Bobby: What's going on, Patrick? Who is he?

Patrick: You wanna know who he is? (pulls the duct tape off his mouth, fast) Tell him who you are.

Hostage: Please, I don't know what this is all about..

Patrick: (slams the guy's chest hard with the gun and his fist) Tell him!

Hostage: Seymour Sternbach. Look, if I did something, I--

(Patrick clamps his hand over Seymour's mouth)

Patrick: That's enough.

Bobby: I don't get it, Patrick. What's going on?

Patrick: Seymour Sternbach. What, that doesn't ring any bells to you, counsel? (Bobby shakes his head and looks confused) This is my exculpatory witness.

Bobby: Your what?

Patrick: The man who could've cleared me! The man that you said you couldn't find. The man that I found three days after I got out of prison! The man you never even bothered to look for.

(Bobby just stares at them)


Scene: The office. Ellenor is hanging up the phone.

Rebecca: Kidnapped?

Ellenor: Yeah. That's what they think. (her voice is getting a little shaky)

Jimmy: By who?

Ellenor: They haven't figured that part out yet.

Rebecca: Random, or do they think he was the target?

Ellenor: I don't know, it could be either. They really just don't know very much!

Jimmy: Kidnapped?

Lucy: So, what, they expect us to get a ransom call? Kidnapped for money?

Ellenor: (shrugs) I don't know.

(They all just kind of look at each other)