317. Target Practice

United States: Original Airdate, March 7, 1999
Written by: Cindy Lichtman and Alfonso H. Moreno
Directed by: John Patterson


-------------------- Disclaimer --------------------

I do not own the characters in this story, nor do I 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 not a novelisation or a script. It is a straightforward and dry transcript of the episode 'Target Practice'. It also includes descriptions of the settings and camera movements where I felt they were needed.

I made every effort to accurately transcribe the dialogue from this episode. If you notice anything that has been transcribed incorrectly, please let me know, at webmaster@thepracticemail.zzn.com, and I will post an update.

This transcript was written by Ryana.

-------------------- Prologue --------------------

Lucy: Jimmy, can I get you anything else? Ginger ale's supposed to be good. (we hear Jimmy puking in the background. Bobby walks in) He's puking.

Bobby: Jimmy?

Jimmy's voice: Out in a second.

Lucy: Bobby, he can't go into trial sick.

Bobby: Uh, that just means he's ready. It happens to him on the big cases. He puked before the powerlines case, he puked before going up against Tommy Silva... Those were his best trials.

Ellenor: (coming in with Lindsay) The gun case?

Lindsay: Mmm, we should all be nauseous. We're going into a case we can't win.

Jimmy's voice: Can too! (Lindsay sighs)

Eugene: (coming in) So, what's going on?

Bobby: Jimmy's puking. How we doing on Robertson?

Eugene: Pushed. Um, they bought time for the pretrial.

Jimmy: (coming out of the bathroom, to Lucy) My bag packed?

Lucy: All set.

Ellenor: I think you should take one last shot at a continuance.

Jimmy: We'll never get a continuance. This will never go -

Ellenor: (interrupting him) You might, Jimmy. It's worth a try. There's talk that the gun manufacturers aren't coming clean discovery wise.

Bobby: They're not gonna get a last second continuance, Ellenor.

Ellenor: Look, the defence is in no hurry, they might wanna delay it.

Lindsay: The defence is thrilled is go now. We don't have a case.

Jimmy: Will you stop saying that?

Lindsay: Earth to Jimmy - causation!

Jimmy: This is the time to be trying this case. The gun industry is ripe to get smacked. Timing's everything and I - (he breaks off as a queasy look comes over his face and he races back to the bathroom)

Bobby: (with a slight, confident smile) He's really ready.

-------------------- Opening Credits --------------------

The courthouse, in the hall.

Mrs Kimbrow: We haven't even gone over my testimony.

Jimmy: I don't want to go over it. I don't want it sounding rehearsed. You just tell your story.

Kimbrow: And then me?

Jimmy: You, I'm holding back for now. Let's go.

Cut to the office.

Lucy: (answering the phone) Donnell, Young, Dole and Frutt. (pause) Yeah, one second. (to Eugene) It's your ex-wife. Sounds pretty upset.

Eugene: (picking up the phone) Sharon? (pause) Where? (another pause) Where is he? Okay, I'll meet you there. (he hangs up and begins to leave)

Lucy: What's wrong? (he ignores her and walks out)

Cut to a police station. Eugene walks over to the holding cell.

Kendall: (coming forward in surprise) Dad!

Cut to a small room at the police sation, where Sharon and Eugene are talking to Kendall.

Sharon: How'd they get in your locker?

Kendall: I don't know, I swear to God.

Eugene: The principal says he got a phone tip from a parent. Something about you dealing. You know anything about that?

Kendall: I wasn't dealing, that's a lie!

Eugene: Were they your drugs?

Kendall: No. C'mon, Dad.

Eugene: Then why were they in your locker?

Sharon: How many times you gonna make him answer that question?

Kendall: (at the same time as Sharon's statement) I don't know.

Eugene: (to Sharon) Do you see me talking to my son?

Kendall: I just wanna go home.

Eugene: Well, we're getting the papers ready, but you need to think. It was your locker.

Kendall: I don't know, maybe I was set up.

Eugene: Set up? By whom?

Kendall: I don't know, kids, police. Like they did Ellenor. (long pause) I swear to God those drugs weren't mine.

Cut to a courtroom.

Mrs Kimbrow: We were out having dinner, celebrating. Lisa had just been accepted to Emerson.

Jimmy: And then what happened?

Mrs Kimbrow: All of a sudden there was screaming, um, we looked around and there were three men standing there, waving guns. It seemed like a hold up of some sort. There was one guy just shooting, everywhere. And there was yelling, and we went to the floor, and then they were gone. It all happened so fast. And as I climbed up, I looked to Lisa, and she wasn't moving, she was just lying there and I knew she had been hit. And I went to try and shake her awake and she - (begins to cry) and she wouldn't wake. She was dead.

Lawrence (lawyer for the defendant): (getting up) First, let me say how sorry I am for your loss, Mrs Kimbrow.

Mrs Kimbrow: Yes.

Lawrence: Mrs Kimbrow, you're not alleging any design defect in the guns Pearson Herron manufactures?

Mrs Kimbrow: I think any time a gun is designed as an assault weapon there's some kind of defect somewhere.

Lawrence: Yes, but this isn't about a safety feature or product -

Mrs Kimbrow: No. It's about you putting these things in the hands of killers.

Lawrence: Move to strike -

Judge: Sustained. Just answer the questions he asks, ma'am.

Lawrence: Do you know of any technology employed by -

Jimmy: Objection - this isn't about technology -

Lawrence: Can I ask my question?

Jimmy: You can ask questions that are relevant to the cause of action.

Judge: All right. The objection is sustained. The issue here concerns advertising and marketing, Mr Lawrence, and only that.

Lawrence: Mrs Kimbrow, do you have any knowledge that the person who shot and killed your daughter read any advertising relating to my client's guns?

Mrs Kimbrow: I have no specific knowledge, no.

Lawrence: In fact, you don't even know how Mr Brown got this gun, do you?

Mrs Kimbrow: No, I do not.

Lawrence: Thank you, Mrs Kimbrow. That's all.

The hall in the courthouse.

Jimmy: I think it went good. You think?

Lindsay: Yes, but that's the easy part. Now we've got to prove liability. I also think we should take a quick shot at settling.

Jimmy: Client's don't want to settle. They said -

Lindsay: They're saying that because they think we have a chance at winning.

Jimmy: Which we do.

Lindsay: Jimmy, we do not want to go to verdict on this. (Marshall comes around the corner and sees them)

Marshall: Hi!

Jimmy: Hi. Ready?

Marshall: All set.

Lindsay: Listen, we talked beofre about your demeanour staying neutral.

Marshall: Yes.

Lindsay: Forget it. We want you to come on strong.

Marshall: Really?

Lindsay: I think we should lead with outrage. Emotions are our strength here, we can't back off it. Can you come on strong?

Marshall: Are you kidding?

Lindsay: Don't overdo it, just -

Marshall: Strong.

Jimmy: Go on in, we'll meet you.

Marshall: Okay. (he leaves)

Jimmy: I don't disagree with him coming on strong, Lindsay, but since I'm first chair, let's run it by me first.

Lindsay: Well, he's gonna take the stand in like, 5 minutes, there's not much time to -

Jimmy: Well, make the time. (Lindsay looks uncomfortable.)

Eugene's office.

Eugene: Principal found drugs in his locker. He was booked on possession with intent, says he doesn't know how it ended up there.

Bobby: Do you believe him?

Eugene: I got to, don't I?

Bobby: Okay, let me talk to the principal. Maybe we can suppress the search.

Eugene: Look, he's an eleven year old kid. What the hell is he... This ain't my kid, Bobby, now I know he wouldn't do this kind of.... (sighs) Maybe we could steer this to Helen.

Bobby: Eugene, I'm doing it.

Eugene: Look - no, I can handle it, Bobby, he's my problem -

Bobby: I said, I'm doing it. We'll take Ellenor with us too.

Eugene: Okay.

Bobby: Look at me. If I have to go into the favour bank on this, I will.

Eugene: Thank you.

A courtroom.

Jimmy: How long have you worked for the Boston Firearms Project?

Marshall: Four and a half years.

Jimmy: And before that?

Marshall: I was a detective with the Boston Police Department.

Jimmy: You are familiar with the gun used in the shooting death of Lisa Kimbrow?

Marshall: I am.

Jimmy: Could you describe it?

Marshall: It's a semi-automatic assault weapon known as the tac-10

Jimmy: Pretty serious thing.

Marshall: It's a military weapon.

Jimmy: Did you say commercially available? People can buy these?

Marshall: Oh yes.

Jimmy: In your experience as a member of the Boston Firearm Project and as a member of the Boston Police Force, does it surprise you that this weapon would be sold to a man like Ray Brown, a person with a felony record?

Marshall: In my experience, this man represents their market.

Lawrence: (standing) Objection. There's no foundation for that, and this witness knows it!

Marshall: You wanna tell me what I know, counsel?

Judge: All right. The objection is overruled.

Jimmy: That's a pretty strong statement, Mr Marshall.

Marshall: (picking up the gun) This thing isn't for self-defence, it isn't to shoot skeet, it isn't to hunt. It's design is to spray fire, which means that you sweep it (he sweeps the gun carefully) from side to side. It goes against the way most people shoot in a self defence situation. This is an offensive weapon.

Lawrence: Ever heard of survivalists, Mr Marshall?

Marshall: Yes, but survivalists -

Lawrence: Might a survivalist buy this type of gun?

Marshall: He might, but survivalists usually -

Lawrence: Ever hear the term 'plinking', Mr Marshall?

Marshall: Oh, please. You're not gonna tell me this -

Lawrence: Ever heard of plinking, sir?

Marshall: Yes.

Lawrence: What is it?

Marshall: Shooting at cans and bottles.

Lawrence: It's a recreational use for the tac-10, isn't it?

Marshall: The tac-10 is designed to kill people, not to plink at water bottles!

Lawrence: Objection, move to strike.

Judge: Sustained.

Lawrence: There are uses for this gun other than holding up a convenience store, aren't there, Mr Marshall?

Marshall: This gun is designed to kill (Lawrence breaks in here) and is sold to people who want to kill -

Lawrence: Objection, move to strike. Move to strike!

Judge: All right.

Lawrence: Is it your testimony before this court that only criminals buy this weapon? Is that your testimony?

Marshall: No.

Lawrence: Thank you, and do you think a law-abiding citizen should be allowed to purchase this weapon?

Marshall: No, I don't.

Lawrence: Thank you sir, I think we all know exactly where you stand.

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

Kendall's school.

Ms Richwood (Kendall's headmistress): Seven bags of marijuana. Frankly, it surprised me, Mr Young, Kendall isn't one of our problem students.

Bobby: The incident report says that you received a phone tip from a parent, but it doesn't say who the parent was.

Ms Richwood: District policy is to keep that kind of information confidential.

Eugene: What kind of gustapo policy is that?

Ms Richwood: I start naming names, and it discourages people from coming forward. I've confiscated two guns this year. Nobody wants to become a target.

Eugene: I understand your concern, but my son says he was set up, and you relied on a phone tip. Now how do you know the person on the other line was a parent?

Ms Richwood: I recognized the name. And I recognize a parent when I hear one.

Ellenor: We have to know who the accuser is, otherwise -

Ms Richwood: I'm sorry -

Bobby: Miss Richwood, you know we can subpoena this information. Let's just save some time.

The courtroom.

Headburg: They're in the business of supplying criminals.

Lindsay: The defendant?

Headburg: The defendant, as well as many other major gun manufacturers.

Lindsay: Mr Headburg, a person can't just walk into a store and buy a gun. There are background checks, waiting periods...

Headburg: Yes, that all sounds good, but our studies have found that store buyers go under these dealerships, buy the guns and immediately put them into a black market. That's where the gangs get a hold of them, as well as other people who can't legally buy them on their own.

Lindsay: But wouldn't that be the dealer's fault? How do you blame the manufacturers?

Headburg: I blame them because they turn a blind eye to it, they know where these guns are headed. That, to me, makes them complicit.

Lawrence: You have no direct evidence that my client's company knows what the dealerships do?

Headburg: How could they not know? These guns are used -

Lawrence: It's a guess on your part, right, Mr Headburg? You have no specific information as to what my client knows. This is your opinion.

Headburg: The fact is that one buyer with a clean record can walk into a store and buy a hundred assault weapons. My opinion is that he doesn't want all these guns for himself. My guess is that the dealers and the manufacturers take the money and wink.

Lawrence: You work for an anti-gun research foundation, don't you, sir?

Headburg: Yes.

Lawrence: And you have no actual knowledge as to my clent's marketing strategies, do you, sir?

Headburg: No actual knowledge. They do an excellent job of keeping that secret.

Lawrence: Lucky we have you to just fill in the blanks.

Lindsay: (while writing and without looking up) Objection.

Judge: Sustained.

Lawrence: These opinions you have, do you try to pass them off as data in your studies?

Headburg: All of our conclusions are suggested quite persuasively by the data, Mr Lawrence.

Lawrence: And as you work for an anti-gun research project, is it just possible that the conclusions came before the data?

Headburg: No.

Lawrence: No. Now there's a truthful response.

Lindsay: (looking up for this one) Objection.

Judge: Sustained.

We see Lindsay and Jimmy walking down the hall.

Jimmy: He hung tough. I think he did damage.

Lindsay: I think so, too.

They turn the corner and see Mr Hyde surrounded by reporters and camera people.

Hyde: A case like this represents the peversity of a legal system gone amock. Here we have a cause, coupled with an attorney of questionable character such as Mr Berluti - (he keeps talking as Jimmy speaks)

Jimmy: What the -? (Lindsay shakes her head warningly as if to say don't let it get to you)

Hyde: - Who conspires to go out and seek out a victim. Any victim he can saddle up and ride in this liberal jurisdiction of Massachusetts.

Jimmy: (walking forward) You're a jackass, you know that?

Lindsay: Hey, (she grabs his shoulder and tries to push him away from Hyde)

Jimmy: Go shoot somebody and smile!

Lindsay: Jimmy - (she begins to push him through the throng of reporters)

Hyde: We have just heard from the ambulance chasing, sacker of the -

Jimmy: Ambulances filled with gunshot victims!

Lindsay: Jimmy, put -

Hyde: This is an attorney who advertised on television as 'Jimmy the Grunt'. This is a man who capitalises on people's personal pain on a - on a contingency - (Lindsay looks back as she pushes Jimmy around another corner)

An apartment building. Eugene and Bobby are waiting in the hall. The door opens and a woman looks out suspiciously.

Eugene: Mrs Baker? I'm Eugene Young, this is Bobby Donnell. I'm Kendall Young's father. We're both attorneys at law.

Mrs Baker: What do you want?