Cut to Leonard's cell, where he and Rebecca are both sitting on the bed. He's crying and Rebecca is trying to talk to him.

Leonard: (sobbing) I'm so sorry.

Rebecca: Leonard -

Leonard: I never meant to hurt her...

Rebecca: Leonard, you need to stop crying and listen to me.

Leonard: I love Ellenor.

Rebecca: I know you do, and for you to help her... You see, we may have to be making statements that go against your interest. Which means you might need to get a new lawyer for the time being.

Leonard: I want Ellenor.

Rebecca: Ellenor is unavailable right now.

Leonard: I love Ellenor.

Rebecca: (severely) She is in jail, Leonard.

Leonard: She's always stuck by me. I can't ...

Rebecca: Okay, well, what I'm trying to tell you is we won't be sticking by you.

Leonard: I love Ellenor.

Rebecca: (under her breath and leaning back) Son of a bitch.

Cut to George Vogelman's jail cell. Eugene is pacing before George who is sitting on the bed.

George: I have no idea. Want me to say it again?

Eugene: Well, you better think, George. Think who could've stuck that knife in that drawer, otherwise...

George: Eugene, I've heard that speech. (mockingly) You better think, George. Better think who could've put that head in your medical bag, otherwise...

Eugene: Now is not the time to get snide. This is Ellenor on the line now, not just you.

George: I know that. Why would I ever put a knife in her drawer? Or if I did give it to her why would she even take it? Somebody's doing something here.

Eugene: And you can't think who it could possibly be?

George: (frustrated) No.

Eugene: (warningly) George, I'll tell you this. If I get wind -

George: You'll what? Beat me up? Do it. I've been out of work now for six months. I finally got hired two days ago - two days ago! - and what happens? In come the police to take me away again. Go ahead, Eugene. Beat the hell out of me. I need the money.

Cut to the courtroom again at Ellenor's second arraignment.

Clerk: Case number 32632. Commonwealth versus Ellenor Frutt -

Bobby: (walking forward) Bobby Donnell for the defence, Your Honour. Waive reading. Ask that this court dismiss all charges on the grounds -

Swackheim: Dismiss, dismiss! Everybody's getting up and asking me to dismiss charges. What do I look like, hmmm?

Bobby: Well, under the circumstances -

Swackheim: I've already dismissed charges against this woman once today. That's all she gets. I don't just kick things here. Especially in murder cases. Not dismissed! No, no, no!

Bobby: (confused) What do you mean, murder case?

Swackheim: (looking down at his notes) Yes, murder. Your client's being charged with first degree murder. If you didn't know that, why the hell did you waive reading? (Everyone looks shocked)

Bobby: (to Richard, the ADA) What's going on here? What is going on?

Swackheim: Talk to me, counsellor. Never mind, don't. Now I'm mad, all right? Next case, and give me something good.

Bobby: (to Richard) What the hell is this?

Richard: Why don't we find a room to talk?

Cut to a small room at the courthouse.

Richard: There's enough there.

Bobby: (incredulously) For a murder charge?

Richard: Well, I'm not saying we're gonna make it, but we've got to face a few facts here. She had a romantic relationship with this Vogelman -

Bobby: That was two years ago!

Richard: Well, love's been known to smoulder.

Bobby: Is this a joke?

Richard: She's found with the murder weapon? And we all know Ellenor has a temper.

Bobby: What do you want, Richard?

Richard: Vogelman. She testifies he gave her the knife, well, maybe we can make things go easy on her.

Bobby: First of all, I have no knowledge that he gave her the knife. Second, you can't get Vogelman. Double jeopardy.

Richard: Oh, we can't get him on murder, but we can on concealment and perjury.

Bobby: Third, this is blatant blackmail.

Richard: This is a settlement negotiation.

Bobby: You're charging a lawyer with murder to get her client? This is way over the line.

Richard: Bobby, you guys accused a victim's bother of murder just to get your client off, and you wanna debate where the line is?

Bobby: We're defence attorneys. It's different.

Richard: Discuss the offer with Ellenor. And then, get back to me.

He walks out.

Bobby: I don't believe it.

Lindsay: I've got the motion to supress marked up for tomorrow.

Bobby: With that judge?

Lindsay: No, thank God. Judge West.

Eugene walks in and closes the door.

Bobby: (to Eugene) How's George?

Eugene: Not good. They denied bail.

Bobby: For concealing evidence?

Eugene: And perjury, obstruction of justice. They're on a mission, Bobby. They're out for him, and now they have the perfect chance.

Cut to the conference room, where Kittleson's deposition is taking place.

Milton: So you don't deny the affair?

Kittleson: No, I don't. Nor did I regret it, until yesterday.

Milton: Can you tell us how your relationship with Kevin Michaels began?

Kittleson: Our professional relationship began when I hired him out of law school to clerk for me. Our physical relationship began about four months later. It was a Friday night, we were going over a draft of a rather convoluted opinion regarding stock fraud, and, uh, well, I suppose one might say I seduced him.

Milton: Why might one say that?

Kittleson: Because I did.

Milton: Can you be more specific?

Kittleson: Do I need to be? The basis of this lawsuit concerns what happened after he left my employ. We can all stipulate to the sexual affair.

Milton: We're on a fast course to settle this. I need to flush out some of the background before I advise my client.

Kittleson: All right. (she pauses) We were working side by side, going over this draft. He reached across for something, I don't know what, and he inadvertantly brushed my breast. He began to apologise profusely, and perhaps to dissipate his embarrasment, I said 'don't be sorry, I rather enjoyed it.'

Milton: What happened next?

Kittleson: Well, he just stared back at me. I'd obviously shocked him. But he had an expression almost as if he were titillated, a little, as well. Oh, I dont know. Maybe because the hour was late, and my senses were fogged or it was just the dare in me. I said 'it's not the worst thing in life to be touched'. And I reached out my hand, I touched him. And I said 'it's not so bad, is it? '

Milton: And then?

Kittleson: Uh, and then, at the risk of sounding immodest, I gave him the best fallatio known to mankind. (long pause as everyone looks shocked/surprised/uncertain [take your pick]) I am sorry to be so blunt. But, I think we all know what could happen if you don't come clean at a deposition.

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

Inside the office of Donnell, Young, Dole and Frutt

Eugene: The knife, the DNA was positive. It's Susan Robin's blood.

Bobby: Great.

Eugene: I think Vogelman needs independent counsel.

Bobby: For now -

Eugene: What if we need to argue he put the knife in here? My money says we will.

Bobby: Let's just see how the supression hearing goes on Ellenor. If we win there, there won't be any conflict. (he walks over to Lindsay) You all set?

Lindsay: (coolly) Yep.

Bobby: You need any help, any research or ...?

Lindsay: (still coolly) I'm fine.

Bobby: Lindsay, it's a good case to take. If a judge hires you, that's a nice credit

Lindsay: It's under seal, Bobby. There's no marquee value in this case. There was no reason to take it. (she stands up and looks at him skeptically) Or was there?

Bobby: (in exasperation) Oh, please, you can't be jealous...

Lindsay: Bobby, let me just concentrate on Ellenor's case right now, okay?

Kittleson walks through the front door.

Jimmy: (surprised to see her) Your Honour,

Kittleson: Am I early?

Jimmy: No, oh no. We're set to go in about twenty minutes, and Bobby wanted to go over some stuff -

Kittleson: Do you perhaps have something I could just nip - (Lindsay walks over to the door and Kittleson speaks to her) oh, hello.

Lindsay: (smiling stiffly) Hello. Could I get by?

Kittleson: (opening the door for her) Oh, I'm terribly sorry.

Bobby: I'll be down as soon as I can... (he trails off as Eugene and Lindsay walk out)

We see an elevator at the courthouse. The doors open, the people leave, and Eugene and Lindsay enter.

Eugene: I don't mean to add pressure on you, but if we don't win this, Ellenor faces a long haul.

Lindsay: I know. Do you have any idea how that knife got there?

Eugene: Had to be George.

Cut to Bobby's office, where He, Kittleson and Jimmy are discussing the lawsuit..

Bobby: You never showed him the letter?

Kittleson: Not before I sent it out. I suppose I should have. But this isn't about that letter, Bobby. You read it. It may not've been laced with superlatives, but it certainly wasn't critical.

Bobby: Well, he's suing you for it, so...

Kittleson: My bet is, he's suing just for the priviledge of these depositions. He gets to be in the same room with me again. I don't think he's over me, to tell you the truth. (long pause as Bobby and Jimmy think about that) Is everything okay?

Jimmy: (awkwardly) Fine.

A courtroom.

Lindsay: They had no warrant to search that desk.

Richard: And nor was one required. It was a search incident to an arrest. Warrantless searches -

West: (intrigued) Hold on a second. Are you saying the arrest of Miss Frutt was invalid?

Lindsay: On the knife, absolutely -

West: Not on the knife, on the drugs.

Lindsay: That case was dismissed.

West: I understand. But are you saying at the time the arrest was made it was legally invalid?

Lindsay: Yes. They knew those drugs weren't hers.

West: The heroin was on her desk, counsel. There was no probable cause for an arrest?

Lindsay: They came in chasing somebody else for those drugs. He ran right to this desk. They see the drugs on top of the desk, they suddenly think they belong to her. Please. That insults everybody's intelligence.

West: Which is why the case on the drugs was ultimately dismissed. But if the arrest was technically valid at the time, then so was the search that turned up the knife.

Lindsay: Even if you were to uphold the search as incident to a valid arrest, the area to be searched has to be within the control of the suspect.

Richard: Which this was. It was her desk.

Lindsay: She wasn't even in the building by the time you found the knife, so the desk couldn't be within her control.

Richard: The search began contemporaneously with the arrest. It continued after she left. It did not begin after she left. There's a difference, Your Honour, I can site the cases.

Lindsay: None of these cases involved a pretext arrest, which this was. They knew the drugs weren't hers. They didn't have a good faith basis to make that arrest. Any search incident to that arrest is also lacking in good faith. This is part of a master plan to get George Vogelman and everybody in this room knows it.

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