Judge: Counsel, dial it back.

Bobby: If it's no, Mr Barlow, then all you have to say is no.

Barlow: (after an uncomfortable pause) No. I did not hurt my son.

The courthouse, in the hall. It's crowded, and Lindsay and Bobby are pushing their way through.

Lindsay: You almost had him. I could see his face getting red.

Bobby: You think I should've gone harder?

Lindsay: (looking over her shoulder) Shh... (they turn and we see Tommy Silva coming out of the courtroom)

Silva: (coming up to them) Pretty interesting strategy in there. Plan B, right?

Bobby: Hey, Tommy, what the hell do you think you're doing?

Lindsay: (warningly) All right.

Bobby: Sticking your nose in a criminal trial for the purpose of a civil case. Maybe I should report you to the bar.

Tommy: I'm just in there watching.

Bobby: Right now you're talking.

Lindsay: All right -

Bobby: What's this, your only case?

Tommy: No. My biggest.

Lindsay: (to Bobby) C'mon. (He doesn't move, so she grabs his shoulder and pulls him) Come on.

The office.

Rebecca: The principal was understanding. But he said it's school policy. So, we can march into court, if that's what you wanna do -

Ms Baylor: I do.

Rebecca: Okay -

Ms Baylor: When? Because he is missing school now.

Rebecca: It's already scheduled, we go tomorrow. We meet here at nine, then go.

Ms Baylor: All right.

Rebecca: Just so we're clear, you don't talk.

Ms Baylor: What if the judge asks me something?

Rebecca: I will try to prevent that from happening, trust me.

Ms Baylor: Don't be getting snide with me.

Bobby and Lindsay walk in and collect their messages from Lucy.

Ellenor: Hey, how'd you do?

Bobby: Uh, he stayed under control. Helen probably sat on him. And Silva was there taking notes.

Jimmy: Oh, I got a meeting with him tomorrow.

Bobby: Silva?

Jimmy: See if I can find his squeal point. We know each other some, so...

Bobby: Good. Lucy, in my office.

They move into Bobby's office and close the door.

Bobby: Listen, be it, um, the Christmas spirit or you just trying to bolster my self-confidence, I don't think that we should -

Lucy: Be kissing. I know. I didn't plan to. Something just came over me. What came over you?

Bobby: I'm sorry?

Lucy: Oh, Bobby, maybe your tongue didn't hold its own but it didn't exactly recoil, either. You like buttons?

Bobby: What?

Lucy: I'm the 'cute as a button' type. Some guys go for it. Figured you for models. Anyways, you're in trial. These are not issues you should be talking about as Miss Shake and Bake's about to be cooked. (Bobby looks confused) You're due back in twenty, by the way. (she walks out. Bobby stands there stunned)

The courtroom. Helen is questioning Mrs Barlow.

Mrs Barlow: That bruise on his forehead was an accident.

Helen: What happened?

Mrs Barlow: I just turned my back for a minute and he bumped his head on the coffee table.

Helen: Mrs Barlow, did your son have any other injuries or medical problems of any kind?

Mrs Barlow: No.

Bobby: My client had been caring for Kevin for over 3 months, is that right?

Mrs Barlow: Yes. My husband and I both work days, so she watched him Monday through Friday.

Bobby: And over the course of the three months that Evelyn Mayfield was watching Kevin, he always seemed well cared for?

Mrs Barlow: Yes

Bobby: In fact, you described her to your friends as a great caretaker, didn't you?

Mrs Barlow: I've changed my position on that, Mr Donnell.

Bobby: Mrs Barlow, honest answer? You don't know what happened once Kevin left your house that morning, do you?

Mrs Barlow: If you're suggesting that my husband could've been involved, I absolutely know you're wrong.

Bobby: Because you have his word.

Mrs. Barlow: And because I know him.

Bobby: Were you injured when he struck you?

Helen: Objection.

Judge: Overruled.

Bobby: Did he hurt you?

Mrs Barlow: That was a long time ago.

Bobby: The question was when you went to the police station and filed a complaint for domestic battery, had you been injured?

Mrs Barlow: I had a small cut or so, it wasn't that bad.

Bobby: (walking to the defence table and taking a file from Lindsay) I'll show you these photographs, marked defence exhibits one through three, for identification. Do you recognise what they depict?

Mrs Barlow: (reluctantly) That's me.

Bobby: With a small cut. (she doesn't respond)

A room at the courthouse.

Bobby: Lindsay spends the morning with character witnesses. People from the church, mostly. Parents of kids you've taken care of. I don't expect them to be cross-examined. After lunch, it'll be you.

Evelyn: Okay.

Bobby: (exhales) You ready?

Evelyn: I just tell the truth.

Bobby: Well, it's not gonna be that simple, Evelyn. Helen Gamble is good. And she can be pretty vicious. (Lindsay looks like she's going to protest) She can, Lindsay, let's admit it. Now, the big one. Those forty minutes. You said you called 911 about twenty minutes after the baby was dropped off, but the call didn't come in until after ten. That's the hole. Have you given it any more thought?

Evelyn: All I can say is what I remember. Maybe I got the time wrong.

Bobby: I believe you. But it may not sound believable.

Evelyn: What should I do? Should I make something up?

Bobby: No.

Evelyn: (beginning to panic) Well... What, they're gonna convict me of murder because I lost track of time?

Bobby: Yes. It could come down to that. Look, an eleven month old boy was killed. The jury is gonna hold somebody accountable.

Evelyn: But it wasn't me.

Bobby: You were the last one with him. Be prepared to be hit on those forty minutes.

Night-time at the office.

Ellenor: (packing up to leave) You know, far be it for me to suggest this since you all hammered me the last time, but -

Lindsay: But what?

Ellenor: This is a deja vu to the Vogelman trial. Last seen with the victim, has to be her...

Lindsay: So?

Ellenor: So, you've got the same public pressure on the DA's office, they need to get this conviction. Evelyn Mayfield is the only one they could possibly get it against so she's the one they're going after. As much as you hated me for torpedo-ing Helen, you could do it again.

Lindsay: What?

Ellenor: Call her as a witness. Get the same testimony. Sometimes the choice of who they go after is linked to who they think they can convict. I know. It's ass-backwards.

Lindsay: We can't call Helen as a witness. First, it would be mistrial, second, there's -

Ellenor: So? Would a mistrial really be that bad? Where are you?

Bobby: I don't know. But we're not calling Helen.

Ellenor: Well, it's another card you can play. Night. (she leaves)

Bobby: (turning back to Lindsay) Where do you think we are?

Lindsay: Well, I think she's innocent, Bobby. But the truth is, I don't know it. If the jury's where I am, we have reasonable doubt. (she leaves too.)

-------------------- Commercial --------------------

Another courtroom.

Rebecca: It's a note. Passing a note in the back of a classroom.

Judge: A note containing a sexual description that might-

Rebecca: She's got a nice ass.

Judge: It's sexual objectification.

Rebecca: Oh, come on.

Someone else: And as silly as it may seem, the policy at Brockton is no difference from every other school across this country.

Rebecca: That only makes it more ridiculous. He's 10 years old. Kids write on bathroom walls, kids pass notes.

Judge: And what if he should do more than that? What if he commits a sexual assault?

Rebecca: Well, then you suspend him, but for a note you don't suspend -

Judge: The point is the school has notice of the note and therefore could be held liable if his behaviour escalates.

Ms Baylor: (standing) I knew it! This is just some cover-your-ass lawyer -

Rebecca: Ms Baylor. (Ms Baylor sits) Your Honour, we are getting carried away here.

Judge: Now, are you saying that your client is being treated unfairly under the policy, or that the policy itself is unfair?

Rebecca: I am saying if we are at the point where girls and boys can't talk to each other at school, if they can get suspended for passing notes, what is going on?

A bar. Jimmy and Tommy Silva are sitting, having their meeting.

Jimmy: They don't wanna settle for nothing, but I'll try to sell four.

Tommy: Four hundred's not gonna do it, Jimmy.

Jimmy: Tommy, even if you win, you're looking at automatic appeal. This case is threshold. Suppose the jury gives you a million, end of the day, present day value of four turns out to be more.

Tommy: Mmmm, I understand. Off the record?

Jimmy: Course.

Tommy: My client's wealthy. He's dying of cancer. It's not about money. He wants you guys out of business. At first I thought he'd take a million. Clients come in angry, then they settle down, you know how it is. But he ain't settling down. He wants you guys selling your furniture.

Jimmy: Client comes to me with that kind of revenge on his mind I tell him to go get another lawyer.

Tommy: Come on, Jimmy. Look what they did to this kid. You wouldn't take this case?

The courtroom. Bobby is questioning Evelyn Mayfield.

Evelyn: I just had a sense that something was wrong. Kevin usually didn't cry like that.

Bobby: How long did he cry for?

Evelyn: Maybe ten or twenty minutes or so. And then he finally stopped, so I put him down for his nap.

Bobby: And when did you realise that something was wrong?

Evelyn: I checked on him about fifteen minutes later, and he wasn't breathing.

Bobby: What'd you do?

Evelyn: I tried to give him CPR, but it just wasn't working. He wouldn't breathe. So I called 911 and finally the ambulance came.

Bobby: Now, Evelyn, the baby arrives at 8:30, twenty minutes of crying, fifteen minute nap. You called 911 at 10:07. That leave forty minute unaccounted for.

Evelyn: Maybe he cried longer, maybe he napped longer, or - or got there later. I honestly don't know. I - I'm not sure how long I did CPR before I called. And also, I was in shock, maybe. I guess the time frames could be off, but I never harmed that child. And the idea that I could have...

Helen: Forty minutes. It's kind of a lot to be off by.

Evelyn: I've done my best to explain it.

Helen: You were in some shock. (pause) Is it possible you maybe blocked out some time in your mind?

Evelyn: I'm sorry?

Helen: Something happened which you blocked out of your mind.

Evelyn: I don't think that's the case.

Helen: Oh, such a traumatic event. Certainly it's the first time you ever discovered an unconscious baby, isn't it?

Evelyn: No.

Helen: There was another one.

Evelyn: A few years back. And I saved that baby performing CPR.

Helen: You did? So you have experience with reacting to crisis.

Evelyn: Yes