Doctor: I think she's already at a point where she needs full-time supervision by a professional staff. To entrust her to the care a seventy-six year old man with no training? That's a threat to her safety.
Rebecca: Does she seem to have deteriorated since she left the home?
Doctor: It's only been a month.
Rebecca: I'll ask the question again - Does she seem to have deteriorated since she left the home?
Doctor: No.
Rebecca: When you talk about the welfare or well being of a patient, whether she's happy or depressed, is that a factor?
Doctor: Of course.
Rebecca: And if Mrs. Turner were happier living with Mr. Turner, that is something to consider medically as well, isn't it?
Doctor: It's not the only thing to consider. Given her age...
Rebecca: My question is - Isn't it possible she would be better off living with him, especially when he loves her?
Doctor: The likelihood of him being able to take care of her is so remote...
Rebecca: But if you were satisfied that he could take care of her, she's better off living with him then in a nursing home, isn't she?
Doctor: That's a very big 'if'. But probably, yes.
Rebecca: Thank you.
--
Back to PA. Jimmy walks up the steps to the Kearns home. He knocks on the door, which is answered by Mr. Kearns.
Jimmy: Mr. Kearns?
Mr. Kearns: Yes?
Jimmy: My name is James Berluti, sir. As I'm sure you know, Stuart Donovan is soon to be executed for the murder of your wife and daughter.
Mr. Kearns: And?
Jimmy: At the risk of you slamming the door on my face, I've been hired by Stuart's mother. If I could, and I know how offensive this must seem, I'd like to ask you just a couple of questions.
--
Now inside the Kearns house.
Mr. Kearns: I was working the graveyard shift, but I remember before I left my wife trying to calm Alissa down.
Jimmy: Do you know why?
Mr. Kearns: Alissa had broken up with Stuart a few days before, and he was calling her and harassing her. She was pretty upset. I didn't take it seriously though. And when I came home, and saw what he had done to her.
Jimmy: This may be the part that sounds offensive, but can you think of anybody else who may have wanted to harm your daughter or your wife?
Mr. Kearns: Mr. Berluti, I understand as a parent, Mary Donovan will do anything to prevent her son's execution. But you tell her from me that, as a parent, she should understand that I won't feel any peace until the person who raped and murdered my daughter is put to death. And you can tell her I'll see her soon because I plan to be there. I plan to be there for his last breath, just like he was for my wife and daughter's.
Jimmy: I understand you want closure, sir, but if he didn't do it, when they execute him, that's it.
Mr. Kearns: They got the real killer Mr. Berluti.
--
Back in Boston, Rebecca and the Turners are in the break-room at the courthouse.
Arthur: I don't want her testifying.
Rebecca: Mr. Turner...
Arthur: It ain't hard to get her confused Rebecca. You're just going to...
Rebecca: The Judge has made it clear he needs to hear from her. I'll try my best to protect her, but she has to testify.
Gertrude: Why don't you two stop your fussing? He's not gonna hurt me with everybody watching. Frank's just a big coward when you come right down to it. (chuckles)
Rebecca: Who's Frank?
Arthur: Her first husband. (to Gertrude) Frank's not gonna be there Gertie.
Gertrude: Well then why are we all so worried?
Arthur: Claire's gonna be in there with her lawyer saying you and I shouldn't be married.
Gertrude: (gets teary, looks afraid and confused) Married? Well I suspect Frank will have something to say about that.
Arthur: Frank's dead. You remember that.
Gertrude: (a bit relieved) Oh yes. Just as well.
--
Back in PA. Ellenor meets with the jailhouse informant. He's led by guards into a room where Ellenor is waiting.
Earl Taylor: Who are you?
Ellenor: I represent Stuart Donovan, the man who's about to be executed on your testimony.
Earl: Don't be laying that on me. Other folks testified.
Ellenor: But your testimony was especially powerful. You said that he confessed to you.
Earl: He did.
Ellenor: Really? Why would he do that?
Earl: Had an attack of conscience I guess.
Ellenor: Seems to happen a lot around you doesn't it? Back in (shuffles through papers) 1988 you were arrested for robbing a liquor store and then you testified that Stuart Donovan confessed and you got a reduced sentence. Then arrested in '91 and '93 on other charges, both times you became a snitch on jailhouse confessions and both times you got a reduced sentence.
Earl: People open up to me.
Ellenor: Stuart Donovan is about to be executed. Do you really want that on your conscience? You are a burglar and an armed robber, but you have never killed anyone. Don't start with Stuart Donovan.
Earl: What do you want from me?
Ellenor: A statement saying that you lied. That he never confessed. The statute of limitation is run on perjury, you won't have to worry about that.
Earl: (after long pause) I'll do it...if you get me a bring-down to County. Curran-Frumhold Facility.
Ellenor: I don't know how I can do that.
Earl: Then we got nothing to talk about.
Ellenor: Earl, a man is about to die!
Earl: No bring-down, no statement. (He leaves, Ellenor looks none too thrilled)
--
Back in Boston, Gertrude is on the stand.
Judge: The question we have Mrs. Turner, is whether you fully appreciated what you were doing when you took this man for your husband.
Gertrude: The question you have is whether I'm nuts. I can fully appreciate that (chuckles).
Judge: I need some strait answers ma'am.
Gertrude: Why do I own anybody anything? I didn't see anybody here coming to visit me in that home. All you people care so much, where were you? Where were you Claire?
Judge: Please don't address your daughter ma'am.
Gertrude: Arthur is the only one who wants to take care of me. He's the only one who loves me. Frank didn't.
Judge: Who's Frank?
Gertrude: He's dead, that's who he is.
Rebecca: Frank was her first husband.
Gertrude: Bang on the head, he's dead. Arthur's idea to say he fell.
Judge: Excuse me?
Gertrude: You wouldn't stop him. (starts crying) The man beat on me.
Arthur: Gertie!
Gertrude: Bang on the head, he's dead.
Claire: (tearing up) Oh my god!
Rebecca: Your Honor, could we take a short recess?
Judge: No, actually. Mrs. Turner, Frank, your first husband, how did he die?
Gertrude: He fell.
Judge: He fell? A second ago you were suggesting that Arthur hit him on the head.
Gertrude: That's what happened. He fell after Arthur hit him on the head...Arthur is the only one who loves me.
Judge: And he killed your first husband?
Gertrude: (collecting herself) You can't force me to testify against him. He's my husband now. I don't have to say a word. Right honey? (Stunned looks all around. Arthur looks as if he wants to do the forehead-slap.)
--
Commercial
--
Rebecca walks into the firm where Bobby and Lindsay are.
Rebecca: Well I hope you're happy.
Lindsay: What?
Rebecca: That double lujack, that annulment thing, turns out sweet Arthur's a murderer.
Bobby: Excuse me?
Rebecca: Well it seems Arthur whacked her first husband with a two-by-four, and married her, maybe, so that she could avail herself of spousal privilege and wouldn't have to testify.
Bobby: What?
Rebecca: It doesn't all make sense. The guy was killed fifteen years ago, why get married now? Anyway, the judge annulled the marriage and referred the matter to Helen Gamble. You're helping me on this Bobby, you lujacked me into a murder.
Bobby: I lujacked to Lindsay.
Rebecca: Fine, then you can both help me.
--
On to PA. Eugene is talking to ex Mrs. Bresler.
Mrs. Bresler: It was a terrible thing.
Eugene: Did you see Stuart Donovan that night?
Mrs. Bresler: No, I was in Florida visiting my folks that month.
Eugene: That month? You were away a whole month?
Mrs. Bresler: Mr. Young, my husband was a drunk back then. There's no mystery here. The reason we got divorced was because I got tired of seeing him passed out every night at nine o'clock. He slept in that chair there for six strait years.
Eugene: Nine o'clock? He said he saw Stuart Donovan between eleven-thirty and twelve.
Mrs. Bresler: Yeah, well.
Eugene: Well what?
Mrs. Bresler: I wasn't here Mr. Young, I was in Florida.
Eugene: Mrs. Bresler, I'm not going after your ex husband. I got a guy looking at death in two weeks for a crime he didn't commit.
Mrs. Bresler: He confessed...
Eugene: No he didn't. (she looks surprised) Is it possible your ex husband was lying about that eleven-thirty business?
Mrs. Bresler: I don't think he would lie.
Eugene: But? There was a 'but' in your tone.
Mrs. Bresler: He could have believed it was eleven-thirty when it may have been nine. By that time he would have been twelve sheets to the wind.
Eugene: Why didn't you tell this to the police?
Mrs. Bresler: I did.
--
At Mary's house (I assume)
Lucy: (paper in hand, walks over to the others who are seated) Get this - Turns out Johnny Carson had a prime-time special on that night. This guy might have thought it was eleven-thirty when he saw Johnny Carson on when it was really only nine.
Eugene: (takes paper from Lucy) So we have a bogus eyewitness on top of a bogus informant?
Mary: So what happens? They have to order a new trial now, don't they?
Ellenor: (taking the paper from Eugene) No way.
Mary: How can they not?...
Ellenor: Mary, I haven't solved the confession thing yet. He only recants if I get him transferred to county jail, and I haven't a clue as how to pull that off.
Jimmy: (reading something) All we have to do is get him to court.
Ellenor: What do you mean?
Jimmy: The Curran-Frumhold Facility is used as a lock-up for the common-pleas court. If he could get into court on anything, that's where they'll hold him.
--
Back in Boston, Bobby, Lindsay, and Rebecca are at the office.
Bobby: It was referred to Helen?
Rebecca: And she wants to talk to them.
Bobby: Not a chance.
Rebecca: She implied she might file charges if they don't talk.
Bobby: Let her. It was fifteen years ago. She's gonna make murder on the testimony of a witness with Alzheimer's? For a fifteen year old crime? Good luck.
Rebecca: Well, even so, if we can spare them from being put through a trial.
Lindsay: (just as Helen walks through the door) This can't get prosecuted.
Helen: Don't be so sure.
Bobby: Helen, thanks for calling first. (sees her looking toward the conference room where the Turners are) You're not talking to them.
Helen: Bobby, we already have her recorded testimony.
Bobby: Oh right, you'll be sure to get a guilty with that.
Helen: Apparently the dead husband used to abuse her.
Rebecca: Oh, and that means Arthur killed him?
Helen: Rebecca, she said he did.
Rebecca: Because she has Alzheimer's.
Helen: And because it's probably true. Let me just talk to them.
Bobby: No way.
Helen: Then he'll probably get charged.
Bobby: Well we're not letting you speak to them.
Helen: Please don't make me prosecute a seventy-six year old man.
Bobby: You're not talking to them.
Helen: (walks over to the front door, opens it and lets two police officers in) He's in the conference room.
Rebecca: You got to be kidding.
Helen: If I can't ask her questions here, I will just do it at a PC hearing.
Rebecca: Bobby?