Helen: So, seeing a baby not breathing, that wouldn't be so horrific to cause you to block out time.

Evelyn: That's right.

Helen: What if you killed that baby?

Bobby and Lindsay: (together) Objection.

Judge: Overruled.

Helen: You don't have any experience doing that, do you?

Evelyn: No, I do not, Miss Gamble.

Helen: Think you might block that out?

Evelyn: I did not harm that baby.

Helen: You know, something else struck me as funny. You never called Mr and Mrs Barlow to tell them what happened, did you?

Evelyn: The police called them.

Helen: Yes, much later. But why didn't you? You're baby-sitting their child, he dies, you don't call?

Evelyn: Everything was happening so fast. I was going to call them... The first thing was trying to save him.

Helen: Yes, but why didn't you call them after you called the ambulance to let these people know what had happened?

Evelyn: I was holding Kevin.

Helen: Or after they took Kevin away. Was there another reason why you didn't call? Is it possible that the reason you didn't call was because you couldn't bear to face them? Because your conscience knew the truth about what you did?

Evelyn: No. That is no possible.

The hall outside the courtroom

Helen: (coming out of the courtroom) Manslaughter's still good.

Lindsay: You just gave us grounds for appeal. Prior bad acts?

Helen: That wasn't a bad act. She saved that other child. Plus, she opened the door.

Bobby: She did not.

Helen: Just take manslaughter. She didn't hit any home runs in there.

Bobby: She's not gonna take manslaughter.

Helen: She will if you tell her to.

Bobby: I won't tell her to, and I don't think that you made the elements.

Helen: Look, this could go either way, we all know that. Why do you wanna risk life? Manslaughter, she's out in five. You wanna stay up all night working on a closing argument? You guys already tired?

Bobby: Excuse me a second. (he walks back to Tommy Silver coming out of the courtroom)

Tommy: Hey, Bobby, I'm just watching. It's legal.

Bobby: Yeah, yeah. How much of her testimony did you hear?

Tommy: Most, I think.

Bobby: You believe her?

Tommy: I don't know. But I don't disbelieve her.

Bobby: They're offering manslaughter.

Tommy: I wouldn't.

Bobby: Really.

Tommy: I don't think they made their case. Not on murder.

Another courtroom.

Judge: Pretty soon, it will be illegal for a boy to give a girl a flower. I share the petitioner's concern. I also share the notion that a school is a child's first introduction to society. It should be no less sexually charged just because they're children. In fact, because they're children, maybe these school policies are our best hope of one day curtailing gender hostility and discrimination. We're quick to say education beats retribution, so let the schools try to educate. I'm upholding the suspension.

Ms Baylor: Oh, you gotta be kidding me.

Rebecca: Roberta.

Ms Baylor: The world has gone upside down.

Judge: I agree. But since passing a note as an adult could cost him a lot of money and even his job, maybe it's best to give him the message now.

Ms Baylor: And maybe it's time to change a stupid, ridiculous, God-awful, laugh-out-loud, dumb law.

Judge: There's always that.

The office. It's night.

Lindsay: (looking at cards on a pinboard) The key is Doctor Cadmin (?). He testified possible. Death wasn't immediate.

Bobby: Remote. The likelihood -

Lindsay: He said possible. You just keep hammering possible, possible, possible, doubt, doubt, doubt, doubt.

Lucy: I'm leaving. If my father knew the hours I kept here...

Bobby: Lucy, what's your father do?

Lucy: He drives a cab. Why?

Bobby: Nothing. (pauses) What about your mother?

Lucy: She's dead.

Bobby: Oh, I didn't mean to... I've heard you say parents...

Lucy: Yeah, well, sometimes I include stepthing. Why are you looking at me funny?

Bobby: I'm not, um...

Lucy: (smiling tolerantly) G'night. (She leaves)

Bobby: (walking to Lindsay, whose sitting at her desk flipping through a notebook) What are you doing?

Lindsay: We have to stand reasonable doubt, Bobby. We can't just try to argue the father did it.

Bobby: I know. (he pauses) Can I ask you something? (she looks up very briefly and then looks back down) Are we a couple? (Lindsay looks back up at him in shock) I mean, a couple in waiting. We've kissed, we... What are we doing? Or, not doing?

Lindsay: What's going on? Are you dying? Why is this suddenly coming up?

Bobby: Well, isn't it strange that we don't address... Obviously we have feelings...

Lindsay: You're asking me if it's strange that you don't address your feelings?

Bobby: Was I just insulted?

Lindsay: Bobby, I was in love with you once. Maybe I still am, but I don't think -

Bobby: What?

Lindsay: Do you really want to get into this?

Bobby: No.

Lindsay: (sighs) This isn't a great life. Great job, but life? I need somebody to pull me out of this a little. And whatever you may be, you'll never be that.

Bobby: So, we're not a couple in waiting?

Lindsay: Truth? I could fall in love with you all over again if I let myself. (Bobby smiles slightly) But I won't. (The smile leaves his face and she sits back down at her desk and resumes working)

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

The courtroom. {sorry, Channel Seven blacked out for Bobby's first few lines, or maybe that was how he started, but either way, I missed the beginning of this bit}

Bobby: Their own medical expert told you that it was possible. The injury could have occurred before Kevin Barlow arrived at Evelyn's house that day. He told you that. Possible. Kevin's father was alone with him. Did he shake him? We certainly have no evidence that he did, no witnesses. But they have no proof that he didn't, do they? And he does have a history of violence. Evelyn Mayfield doesn't. You heard witness after witness after witness tell you they've never seen a hint of violence in this woman. Or even anger, for that matter. Their whole case is that she was with the baby at the time of death, while their own doctor says the injury could've preceded the boy coming into my client's custody. Reasonable doubt?

Helen: The doctor's testimony was that it was a virtual certainty that the baby's death was immediate. Well, sure, they seize upon that word, possible. It's a great word, because it's so difficult to disprove a negative. Possible. Well, anything's possible, I guess. But that doctor told you that the baby's death was immediate and the defence has done nothing to contradict it. Maybe Evelyn Mayfield really does believe she didn't do this. Sometimes psychic anguish can just block out all memory. It's been known to happen. But she did do it. And deep down, she knows she did it. That's why she didn't call the parents, that's why she froze on the stand. And when all these people from her church march up there and say 'Oh she couldn't have, she couldn't have,' well, it probably makes it easier for her to think she couldn't have. The death was immediate, she was the only one there. She cannot account for forty minutes. Forty minutes of blank time which coincides with the time of death. Of course she did it.

Donnell, Young, Dole and Frutt. Ms Baylor enters.

Rebecca: Roberta?

Ms Baylor: I couldn't sleep all night. I wanna appeal.

Rebecca: We can't appeal. And even if we could -

Ms Baylor: He's a good kid.

Rebecca: Well, nobody's saying he isn't. Are you okay?

Ms Baylor: What chance has he got? You know, I try to get him to stop stealing, and the best way to do that is to keep him in school, but the school throws him out. (Rebecca murmurs reassuringly) And the courts won't help me. I'm all by myself. His dad only comes to see him on weekends and I try...

Rebecca: Hey, hey. Nobody is blaming you here.

Ms Baylor: He's getting away from me. You know, the last couple years he is a good kid. And now he's out stealing bikes... He needs something I can't give. And I don't know what to do about that. (she begins to cry and Rebecca hugs her, again murmuring reassuringly)

Bobby's office.

Jimmy: What's up?

Bobby: Listen, everyone's nervous about you doing the Robin trial. Me, I think you can do it. We have a partner's meeting later -

Jimmy: A partner's meeting?

Bobby: Our first one.

Jimmy: In honour of me?

Bobby: I expect to get voted down, but tell me how you plan to try it.

Jimmy: Does it matter?

Bobby: It might.

Jimmy: Tommy Silva's gonna get up there and try to separate himself from lawyers. I think he's gonna try to get the jury to send a message. I plan to be more of a little guy than Tommy. Play it simple. Tell them we had an innocent man faced with losing his life. And we fought for him.

Lindsay: (opening the door) Bobby, we gotta go.

Bobby: Verdict?

Lindsay: We've been called to chambers.

Judge's chambers.

Judge: I just received a question from the jury. I'll tell you how I plan to respond and then give counsel for the state and the defence the opportunity to give any comments or objections. The question is - no, actually it's two questions. First they would like to know if they can have more water, and second, they would like to know if killing an infant, in and of itself constitutes extreme cruelty. (They all look at each other. Bobby looks worried.)

Scene changes

Mr Mayfield: So, what's going on?

Bobby: They're deciding between murder one and murder two.

Evelyn: (shocked) H -h-how?

Bobby: The question was about extreme cruelty. One of the elements necessary for a first degree charge.

Mr Mayfield: Well, maybe they just didn't understand it.

Bobby: That isn't it. They're not deciding between guilt or innocence anymore. It's between first and second degree. I doubt that the DA would be even willing to offer manslaughter right now, but I should at least try.

Evelyn: No.

Bobby: Evelyn -

Evelyn: I'm not going to agree to manslaughter.

Bobby: Are you even listening to what I'm telling you?

Evelyn: God won't let them convict me. I know he won't. I know it.

Bobby: Listen, I think God has dropped the ball here. Either that, or Helen Gamble got to him. You need to prepare yourself -

Evelyn: (pounding the table) It's not gonna happen! (she walks to the window, there's a long pause) He's going to take care of me. Now, if you could excuse me, I need to pray.

Mr Mayfield: Honey, maybe we should listen to what he's trying to say here.

Evelyn: I need to pray. (she closes her eyes and looks out the window)

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

Donnell, Young, Dole and Frutt, the conference room.

Lindsay: You should've seen her face. She had this religious, blank stare. She looked like - (she considers)

Lucy: Kenneth Starr?

Bobby: I'm trying to tell her she's facing life imprisonment and she doesn't even hear me.

Ellenor: Have they come back with a verdict?

Lucy: Not yet. I told you she was guilty. Eebie-jeebie lady. Shake, rattle and roll.

Bobby: Lucy (he points over his shoulder, out the door. She leaves)

Eugene: It's not that we don't think he's any good -

Bobby: Then why are we sitting here?

Ellenor: Because this isn't just any case. Our whole future rides on it. Jimmy may be good, but he certainly isn't our best. We could hire better, get outside counsel -

Bobby: I've seen Tommy Silva at work. He plays the regular guy thing like a violin.

Ellenor: That's exactly why we -

Bobby: Jimmy's style, I still believe, is the perfect counter. Lindsay, remember how he did in the powerlines case?

Lindsay: Yes -

Bobby: The case against us is stacked. Dead sister, brother accused, life ruined, father dying, evil defence lawyers... This case is tailor made for Tommy Silva. He will tap into the people's contempt for lawyers. Jimmy is a teddy bear. He's good. In my opinion he represents our best chance.

Ellenor: All right, why don't we just take a vote. All against? (Ellenor and Eugene raise their hands and look around the table. Bobby looks at Lindsay who sighs and raises her hand.)

Bobby: All for? Mine counts for two, remember? (he raises his hand. Everyone looks at Rebecca)

Ellenor: Rebecca, you're a partner too. He can take all of your property as well -

Bobby: Ellenor. Let her make up her own mind.

Rebecca: I'm with Bobby.

Bobby: Three to three, I decide tie breakers, Jimmy gets the case.

Ellenor, Lindsay and Eugene all begin protesting.

Ellenor: So you get three votes now?

Bobby: It's in the partnership. Jimmy will first chair, I'll be second.

Lucy: (opening the door and entering) Who won?

Everyone tells her to get out in a not very nice manner.

Lucy: The jury's back now. Thirty minutes. (she leaves and they all follow her)

Bobby: Jimmy, quick vote. Your case.

Lindsay: Congratulations.

Ellenor: Hey, you'll do great, Jimmy.

Rebecca: Good luck, buddy.

The courtroom. The jury files in.

Judge: (after reading the verdict) Will the defendant please rise? (they rise) Mr Foreman, the jury has reached a verdict?

Foreman: We have, your honour.

Judge: What say you?

Foreman: Commonwealth versus Evelyn Mayfield, on the count of murder in the first degree. We find the defendant, Evelyn Mayfield, not guilty. (the gallery reacts) On the count of murder in the second degree, we find the defendant, Evelyn Mayfield, guilty. (the courtroom breaks out in excited chattering. Mr Mayfield reaches out to his wife over the bar)

Judge: The bailiff will take the defendant into custody. The jury is dismissed with the thanks of the court. We are adjourned (bangs gavel)

Bobby: I'm filing a motion for the judge to consider reducing the verdict to manslaughter. I don't think it's gonna fly but -

Evelyn: We can appeal, right?

Bobby: Yeah.

Evelyn: We'll appeal, and we'll win. It won't end like this. It'll be okay, Bobby.

The camera pulls back to show Bobby and Lindsay standing at the defence table, while the bailiff takes Evelyn away, and family members/friends comfort Mr Mayfield.

-------------------- End --------------------

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