Extra Characters:
Craig Armstrong: Rebecca and Ellenor's new client, also Rebecca's ex-boyfriend.
Hillary Pope: Craig's ex-girlfriend.
Mr. Akuffo: Storeowner who testifies against Craig in trial
Judge Patrick Wilcox: The judge on the Craig Armstrong trial.
Mr. Stewart: The Senior Executive of Williams and Breyland, cigar/tobacco company, Lindsay's opponent.
Martha: Lindsay's client and friend, who is suing the cigar company.
Mr. Pinkner: Lindsay's friends and client's (Martha's) ex-husband.
This transcript was done by Barbara, please send all question or comments to matthewperrylover@hotmail.com
We open at the offices of Donnell, Young, Dole, and Frutt.
Everyone except Eugene is at the office, starting off another day.
Rebecca: (Walks over to Ellenor's desk) Ready?
Ellenor: Almost.
Rebecca: (Impatiently.) We should get going.
Ellenor: Hey, take it easy!
Rebecca: I am taking it easy.
Ellenor: Okay, is this a coffee thing or an ex-boyfriend thing?
Bobby comes out of his office.
Rebecca: (In a warning tone.) Ellenor…
Bobby: Lindsay, Pinkner versus Williams and Breyland tobacco company?
Lindsay: Oh, yeah she's a friend of mine.
Bobby: You actually took this case?
Lindsay: It'll be winner Bobby, maybe not a lot of money…
Rebecca and Ellenor are about to leave when what Bobby says next stops them.
Bobby: A winner? You're suing a cigar manufacturer for breaking up a marriage. (He drops the file on Lindsay's desk)
Jimmy: What?
Lucy's attention is suddenly drawn into the conversation as well.
Lindsay: Emotional distress, basically alienation of affection.
Bobby: (Agitated.) Lindsay!
Lindsay: (Starts to raise her voice.) A couple of depositions, I-meaning we don't settle.
Rebecca tries to get Ellenor to leave with her, but she motions for Rebecca to leave her alone so she can listen.
Bobby: How does a cigar come between husband and wife?
Lindsay: (Holds up her finger) That's a question of fact.
Jimmy: aren't the partners supposed to approve new cases?
Lindsay: It's 2 days of discovery, tops, and you're not a partner.
Jimmy: Thanks for reminding me.
Ellenor: I am, and how does a cigar company-
Lindsay: Aren't you late for trial?
Ellenor: Well, actually I have a few minutes.
Rebecca: (Sarcastically.) Yeah, me too!
Ellenor: How much time do you plan to spend on this?
Lindsay: Hey! It's for a friend! It's 2 depositions, maybe a summary judgement motion.
Bobby: Now it's court time?
By now everyone in this office is yelling at each other.
Ellenor: That's 20 hours minimum!
Lindsay: (Jumps up and yells.) I will get money out of it! I beat the tobacco company once, I will do it again! And thank you all very much for your support. Maybe one day you people will have friends in your life that you'll want to help, and when you do, I'll remember this.
Bobby looks at her strangely, wondering why this is bothering her so much. Just then, Lucy comes out of the conference room.
Lucy: Definitely wedding stress.
Lindsay angrily turns around and begins to advance on her with a look that could kill.
Lucy automatically puts her hands up to show defeat.
Lucy: My first instinct was to say nothing! Totally.
Opening Credits.
Cut to: Bobby's office. He and Lindsay are talking.
Bobby: Is uh… everything okay?
Lindsay: It's fine… it's just, you guys started to gang up, that's all.
Bobby: Your reaction was a little heightened.
Lindsay: (Looks down and thinks for a second before bringing her eyes back up to look at him.) Sorry. I'll try to settle this as fast as I can, okay? (She turns and starts to leave.)
Bobby: Okay. Lindsay. (She stops and turns back to look at him, and he moves closer to her.) I um, I think something is going on here.
Lindsay takes a deep breath and looks away.
Bobby: (Attempts to get her attention back to him.) Talk to me.
Lindsay: You'll just laugh.
Bobby: I won't laugh. Tell me.
Lindsay stares into his eyes for a moment and then sighs heavily.
Lindsay: Okay.
Lucy walks in to drop off the mail, and they don't notice her.
Lindsay: I need more sex.
Lucy turns and walks right out, taking the mail with her.
Lindsay turns and sees her leaving, knowing she's heard everything.
Lindsay: Oh great. (She sighs.)
Bobby: You-you need more-(Bobby trails off, shocked.)
Lindsay: Yes, I don't think you're attracted to me anymore.
Bobby: (Reached out and grabs her shoulders.) Are you crazy?
Lindsay: I-well… it's just-we don't-not nearly like…
Bobby: It tapers off a little with all couples!
Lindsay: We're not even married yet.
Bobby: You don't think I want to make love to you?
Lindsay: 1.6 times a week. Last year it was 3.9.
Bobby: (Shocked… again) You-you do the math?
Lindsay: Bobby, I have a deposition. (She turns and starts to leave.) We'll talk about this later, okay? (She leaves closing the door before he can answer, and Bobby just stands there frozen with his mouth open and his arms held out.)
Cut to: The courtroom. Ellenor, Rebecca and their client, Craig Armstrong are standing in the courtroom.
Ellenor: We hit a bump. Helen Gamble doesn't want you in uniform, the judge agreed.
Craig: I'm a cop.
Ellenor: On leave, and if the department says you can't wear it, then-
Craig: This is ridiculous.
Ellenor: Well they're giving you an hour to change. They did make an offer.
Rebecca: What?
Ellenor: Reckless endangerment, 6 months.
Craig: I'd have to serve?
Ellenor: Well, a kid died.
Craig: I was doing my job!
Ellenor: Actually, you were off duty.
Craig: (Turns to Bec.) Rebecca?
Rebecca: I'd turn it down.
Ellenor: Hey, hey! Hold on!
Rebecca: He thought the kid pulled a gun Ellenor, it looked like a robbery.
Ellenor: I understand our defense Rebecca, but if we lose at murder 2, we're looking at life.
Craig: Tell the DA no. I was doing my job, I'll go to the mat saying so.
Ellenor: Okay, I'll tell her. Go change.
(Craig leaves)
Ellenor: Rebecca, right now he needs you to be his lawyer, not his ex-girlfriend.
Rebecca: Ellenor, don't use that tone with me.
Ellenor: Reckless endangerment would be a good result.
Rebecca: If he were guilty, yes, but he's innocent.
Ellenor: He shot an unarmed kid!
Rebecca: Who he thought was about to commit a crime, and the kid did have a gun on him.
Ellenor: All I'm saying is you used to love this guy, so maybe-
Rebecca: Hey! You represented George Vogelman.
Ellenor: I wasn't in love with him!
Rebecca; So you were close friends.
Ellenor: And my objectivity wasn't compromised a bit, was it? The man cut off heads, stabbed coworkers, and I didn't have a clue!
Rebecca: My objectivity on this is fine.
Ellenor: Fine.
Rebecca: Fine.
Cut to: Lindsay's deposition.
Lindsay's client and friend is being questioned by William and Breyland's lawyer)
Martha: I know it sounds crazy, but first we started fighting over the smell.
Lawyer: Of the cigars?
Martha: Yes. It would get into the fabric of the sofa, the drapes, the house would reek. Then there was the health. I'd start talking about how I was afraid he was going to get mouth cancer, and it would escalate into a bigger argument. Then, in order to get out of the house, or away from me, he started going to these cigar clubs. Spending money we didn't have. He started spending more and more time there. Our relationship continued to deteriorate.
Lawyer: Did you ever get counselling?
Martha: Yes. The therapist said his cigar smoking was an issue and that he should stop, but he couldn't. He was addicted.
Cut to: A separate room. Lindsay is talking to William and Breyland's lawyer.
Lawyer: Are you serious?
Lindsay: If I establish addiction-
Lawyer: You won't.
Lindsay: I trial will cost you a lot more than just-
Lawyer: I expected her to say something half-credible.
Lindsay: Once again. If we survive summary judgement, my client-
Lawyer: There is no chance that I'm going to recommend to my client that he pay anything on this. If you proceed, you can be sure I'll be filing a motion against your client for costs, attorney fees-
Lindsay: You can't win on that, and even if you could, she's judgement proof. Just make an offer.
Cut to: DYD+F. Bobby, Jimmy and Lindsay are the only ones there.
Bobby: Nothing?
Lindsay: I still think I can get something. I'm deposing a senior management executive at Williams Breyland, if I can shake him up, I should be able to get nuisance.
Bobby: Cigarette company's don't pay nuisance. There's no way a cigar company is-
Lindsay: We don't know that!
Jimmy: The precedent alone-
Lindsay: Jimmy, this case doesn't involve you.
Bobby: All right, depose the executives. If you still get no where-
Lindsay: Thank you. Actually, I would like a second chair, a showing that the whole firm in behind the case. It'll help me settle it faster.
Bobby: I've got a status conference with Michaels… (They both turn to look at Jimmy)
Jimmy: You just said it didn't involve me.
Lindsay: One depo Jimmy. You just have to sit there like a big lump, you think you can do that?
Jimmy: (To Bobby) She's hostile.
Bobby: One deposition, you can do it. (They both walk away leaving Jimmy alone.)
Cut to: The courthouse.
Helen is crossing a man (Mr. Akuffo) on the stand.
Mr. Akuffo: He came in the store, he was about 17.
Helen: The victim?
Mr. Akuffo: Yes. I had my back to him. When he got closer to the counter, I turned towards him, that's when he came in yelling freeze.
Helen: The defendant?
Mr. Akuffo: Yes.
Helen: What happened next?
Mr. Akuffo: I thought something must be going down. I started reaching under the counter for my rifle, because I thought I was about to be robbed. Then, the officer just opened fire.
Helen: Mr. Akuffo, did you know Mr. Armstrong was a police officer when he came in the store.
Mr. Akuffo: No.
Helen: Did he ever identify himself as a police officer?
Mr. Akuffo: No.
Helen: Could you tell the court, did Will Bradley ever make a move toward you or the defendant before he opened fire?
Mr. Akuffo: No, he just came in, the officer yelled freeze and shot the boy 3 times.
Helen: Did you ever see a gun in Mr. Bradley's hands?
Mr. Akuffo: No.
Helen: Now as Mr. Armstrong was shooting, could you see whether or not Mr. Bradley was holding a gun.
Mr. Akuffo: I could see that he wasn't.
Helen: Thank you.
Rebecca stands up and walks toward the stand.
Rebecca: You said you went looking for your rifle once Officer Armstrong came in. Was that your testimony?
Mr. Akuffo: Yes.
Rebecca: So your eyes, they weren't on Will Bradley at this moment.
Mr. Akuffo: I was looking back and forth.
Rebecca: Back and forth, so for part of this time your eyes were not on Will bradley, right?
Mr. Akuffo: Yes.
Rebecca: So if he made a sudden movement in Mr. Armstrong's direction, it's possible you might not have seen that, true?
Mr. Akuffo: I guess it's possible.
Rebecca: And by the way, Will Bradley was carrying a gun on his person at the time of the shooting, right?
Mr. Akuffo: I didn't see it. I was informed later he was carrying a gun.
Cut to: A private room in the courthouse.
Ellenor: Well in my professional opinion, we're dead.
Craig: Why?
Ellenor: Until now, we always thought the store owner reached for his gun because he thought the kid was gonna rob him.
Craig: That's what he said.
Ellenor: No. No he said he reached for his gun because you came in yelling freeze.
Craig: Making him think that the robbery was going down.
Ellenor: Craig, try to get this.
Craig: Don't talk to me like I'm some ghetto banger Ellenor, I'm a police officer.
Ellenor: We always thought the owner would corroborate your suspicion that a crime was in play. He only thought that based on your behaviour, not that of the victims. Basically we have nothing to validate your suspicion.
Craig: I've got 9 years on the force to validate my suspicion. I know that element. I saw it in the store. If I hadn't shot him he would have robbed the place. What was he doing with a gun Ellenor?
Ellenor: The problem is, the gun was not in sight when you opened fire. The problem is the gun was not in his hand.
Craig: (His anger is starting to surface.) Who the hell are you, the DA?
Ellenor: No, I am your lawyer trying to make you understand the severity of these facts, and once again I recommend that you consider taking-
Craig: I am not pleading out! I'm not going to jail!
Rebecca: All right Craig.
Craig: The kid was scum. The store owner might be dead if I hadn't got there. I'm not taking a deal that puts me in prison.
Cut to: Bobby's office, Lindsay is talking to her client Martha.
Lindsay: We're deposing an executive from Williams today, after that we'll see where we are.
Martha: I felt like the biggest fool.
Lindsay: you're not a fool.
Martha: I swear to you Lindsay, I saw it. I watched how he got sucked in. The magazines, the clubs, he got sucked into that world. He became an addict. He spent money we didn't have and it cost us. I am not crazy, I watched it happen.
Lindsay: (Gets up and moves to sit in a chair next to her.) Look, after tomorrow's deposition, we might have to just cut our losses. I have a duty to my partners.
Martha: You'd think I'd be able to sue him.
Lindsay: Well-it's a no fault state.
Martha: I watched it happen. I am not crazy. Those cigars helped kill our marriage.
Commercial.
Cut to: Rebecca and Craig are still in the private room, but now Ellenor is gone.
Rebecca: You seem to have the same temper I remember.
Craig: I didn't shoot because I lost my temper
Rebecca: I'm talking about you and Ellenor.
Craig: Yeah, well it seems like she thinks I'm guilty.
Rebecca: No, she thinks you have a tough case, which you do.
Craig: If I hadn't shot that kid he would have been killed by his homies a week later. He was a perp. A juvie record as long as my arm. You know that as well as I do.
Rebecca: You take that attitude on the stand, you're going down. Craig, are you listening to me?
Craig: I'm just frustrated.
Rebecca: I understand, but you need to listen to us and do what we tell you to.
Craig: giving me orders again, just like old times.
Rebecca: Hey, you came to me.
Craig: Yes I did… because I hear you guys are good.
Rebecca: So listen to us.
Craig: Okay.
Rebecca: You need to keep an even keel up there, matter of fact, don't get defensive. People who know they're innocent don't get defensive. Now the DA, she's gonna push and try to get you to reveal rage and a temper. Don't let that happen Craig.
Craig: Okay.
Cut to: Lindsay's depo, Jimmy's sitting in.
Lindsay is questioning one of the company executive's, Mr. Stewart.
Lindsay: (Holds up a Le Cigare magazine.) You do publish this magazine?
Mr. Stewart: Yes and other cigar manufacturers also publish-
Lindsay: Williams and Breyland published this one?
Mr. Stewart: That's correct.
Lindsay: And one goal of this magazine would be to perhaps induce men to smoke cigars?
Mr. Stewart: Well it's actually designed more for the cigar lover, men who already smoke.
Lindsay: Is it your testimony that there is no intent to attract new customers?
Mr. Stewart: No no, certainly we'd like to expand our customer base.
Craig: The magazine promotes smoking cigars, can we say that?
Mr. Stewart: Yes but we do not encourage men to leave their wives in order to do so.
Lindsay: Thanks you, but you probably would be aware that cigar smoking, the smell of a cigar, it is an issue to some husbands and wives?
Mr. Stewart: Not an issue to threaten a marriage.
Lindsay: But an issue.
Mr. Stewart: Could be.
Lindsay: These cigar clubs, primarily for men-would that be a fair statement?
Mr. Stewart: Yes, but women aren't excluded.
Lindsay: What percentage of there club's members are men on average?
Mr. Stewart: I don't know.
Lindsay: Would it surprise you to learn over 90%?
Mr. Stewart: Cigars are primarily smoked by men. We've established that.
Lindsay: You're aware that cigars may be addictive?
Mr. Stewart: There's no scientific evidence to conclude that they are.
Lindsay: Is it your testimony cigars are not addictive?
Mr. Stewart: My testimony is that there is no scientific evidence to confirm it.
Lindsay: You're aware cigar smokers have an increased risk of oral cancer?
Mr. Stewart: Yes.
Lindsay: You're aware cigar smokers are at an increased risk of Esophogeal cancer?
Lawyer: Objection, this is not a cancer-
Lindsay: this is just a deposition, all objections are waived till trial except in form of the question. Esophogeal cancer?
Mr. Stewart: Most smokers do not inhale, so-
Lindsay: Is it your testimony that a smoker who does not inhale doesn't have an increased risk of Esophogeal cancer than a non-smoker?
Mr. Stewart: That would not be my testimony.
Lindsay: You're aware of an increased risk?
Mr. Stewart: I'm aware of the possibility, yes.
Lindsay: And are you aware even cigar smokers who do not inhale, their risk of Larynx cancer is more than 10 times greater than it is for non-smokers?
Mr. Stewart: I'm aware of that medical claim, however I have no basis on which to either agree of disagree with it.
Lindsay: okay. Let's turn to heart disease. (She flips a page of her notebook.)
Cut to: DYDF, Lindsay and Jimmy have just entered and Bobby and Lucy are the only ones there.
Jimmy is following Lindsay inside, they're both yelling.
Jimmy: That had nothing to do with anything!
Lindsay: (Stops in front of Bobby who is looking at what's going on.) I know what I'm doing Jimmy.
Jimmy: All I'm saying, this isn't a cancer case.
Bobby: All right, hold on.
Lindsay: I have my reasons, and cancer is an issue!
Jimmy: A man leaves his wife, she blames it on a cigar, we take the case and she's in there talking about cancer.
Bobby: (Tries to get between them.) All right!
Jimmy: Now she's deposing the husband, did you know that? This has turned into 3 depositions plus a motion for summary judgement.
Lindsay is standing there, seething silently.
Jimmy: We've got 2 lawyers on it-
Lindsay: (Explodes.) What the hell is your problem?!
Jimmy: I'm just saying-
Lindsay: You've said enough! (She storms off into Bobby's office, slamming the door.)
Jimmy: Is there something I'm not getting here?
Lucy: it's Lindsay who's not getting it… from Bobby.
Bobby: (Angrily.) Lucy!
Jimmy makes a face as if he knows what she's talking about, then says 'oh' silently.
Cut to: Bobby's office.
Bobby is entering, and Lindsay is standing with her back turned towards him.
Lindsay: (Angrily) I have a plan okay? (She turns around.) It's not just about-these people don't want to go to trial. I have a plan.
Bobby just stands there quietly.
Cut to: The courthouse.
Craig is on the stand and Rebecca is questioning him.
Craig: I was walking a few doors down from the store, it's on my way home, I saw the young man, Mr. Bradley, approaching the store. I saw that he had something metal in his hand that was reflecting the sunlight. As he went into the store, I hustled up to get a better look.
Rebecca: And did you get a better look?
Craig: Yes, when I got to the door I could see that the suspect was approaching the counter, he was then reaching into his coat, it looked to me like he was reaching for a weapon.
Rebecca: What did you do then?
Craig: I went into the store and ordered him to drop his weapon. He turned towards me, his arm was still in his coat, and I saw what looked like a gun. I thought he was pulling it out so I shot.
Rebecca: How many times did you shoot?
Craig: I later found out it was 3 times.
Rebecca: What was the first thought that came to your mind when you saw this gun?
Craig: That he was about to shoot me. I thought my life was in danger and I reacted.
Helen is now crossing him.
Helen: You were off duty and you had a gun?
Craig: Yes.
Helen: Why was that?
Craig: I carry it for personal protection.
Helen: Oh. You said, you were suspicious of Mr. Bradley before he came in the store, why was that?
Craig: Well, like I said I saw something metal in his hand.
Helen: But because of the angle of the sun, you weren't sure what it was?
Craig: That's correct.
Helen: What was it about this man that made you think he had a gun and not something else?
Craig: I just had a feeling is all.
Helen: Mr. Armstrong, did that feeling have anything to do with the colour of Mr. Bradley's skin?
Craig: That's ridiculous.
Helen: Have you ever heard the term racial profiling?
Craig: Yes.
Helen: Could you explain it to us?
Craig: It's making assumptions about whether or not someone is a suspect based on their race.
Helen: Have you ever used racial profiling in you position as a police officer?
Craig: If you look closely, you will see that I am black.
Helen: Thanks you. Have you ever made derogatory remarks about any ethnic or racial group?
Craig: No.
Helen: Not even your own?
Craig: No.
Helen: Is that the truth Mr. Armstrong?
Craig: Yes it is.
Helen: Your honor, at this time the commonwealth would like to call a rebuttal witness.
Ellenor and Rebecca sit up in alarm.
Cut to: A private room.
Rebecca, Craig and Ellenor are sitting discussing what just happened.
Rebecca: Hillary Pope?
Craig: She's an ex-girlfriend. We lived together till about 3 years ago.
Ellenor: When's the last time you spoke to her?
Craig: Well we speak every once in a while, we split on okay terms.
Ellenor: Well, Craig she must have something to say. Did you talk to her about the shooting?
Craig: Yes but I told her the same thing I told everyone else, I told her what happened.
Ellenor: You never said "God what have I done", or "I've made a big mistake."
Craig: I was upset about it, o told her that, but I didn't admit to being wrong or anything.
Ellenor: Okay what about this racial profiling issue? Did you ever talk to her about that?
Craig: No. What's going on Rebecca? What are they doing?
Rebecca: I don't know, but we'll find out soon enough.
Cut to: DYD+F.
Bobby's Office. Lindsay's going over some files and starts packing up when Bobby comes in.
Bobby: You ready? It's a quarter to 8.
Lindsay: I'm ready. (She grabs her files and coat, and starts heading out with Bobby, he stops to wait for her in the main lobby.)
Lindsay: I'm sorry this has been so much trouble. I-I never… it's just-
Bobby: She's a friend and you need sex.
Lindsay's whole body drops and she says in a quiet voice.
Lindsay: Please don't make fun of me.
Bobby: (Nods slightly.) This case, is it-is it pushing a button that I can't see?
Lindsay: Maybe. I think when a couple splits up I feel threatened by it. That marriage doesn't work.
Bobby: Well if your friend's marriage was truly broken up by a cigar, I wouldn't point to it as an example of the institution.
Lindsay: They had a really strong marriage, Bobby, for so long, and then poof.
Bobby: He lit up?
Lindsay: Yes. She had a baby, she-she couldn't drop the weight, she got fat… and he switched to a cigar.
Bobby: Will that be your argument in court?
Lindsay: (Laughs slightly) No.
Bobby: (Quietly in a husky voice.) I still want to make love to you, and I'm not going to switch to a cigar.
Lindsay: If the passion's eroding even before we walk down the aisle-
Bobby: (Shakes his head.) My passion isn't eroding. (He takes a step closer to her.)
Lindsay: Promise?
Bobby: Promise. (He bends down and kisses her. They share a sweet kiss. Lindsay pulls away and bites her bottom lip, and they begin to walk out.)
Lindsay: My parents had a perfect marriage right up until my father left.
Bobby stops.
Bobby: Their marriage wasn't perfect Lindsay, they were just sheltering you from it, you know that.
Lindsay: (Sighs.) I think I'm anxious to blame those cigars myself in this case, because I don't want to believe that people just stop loving each other. (Bobby watches after her as she leaves in front of him)
Commercial
Cut to: The Courthouse.
Craig's ex-girlfriend Hillary is on the stand and Helen is questioning her.
Hillary: We lived together for 2 years from 1994-1996.
Helen: Ms. Pope, during the course of your relationship did the defendant ever express any feelings about African-Americans?
Hillary: Sometimes he'd use derogatory names. The "N" word.
Helen: All right, occasionally people will use derogatory terms about people of their own race affectionately and not maliciously. Are you sure that wasn't what was going on?
Hillary: I know what you're talking about. When Craig Armstrong called someone a nigger, he meant it in the way it was originally intended.
Rebecca: Objection! Foundation.
Helen: The foundation is she lived with him.
Rebecca: It's also inflammatory and prejudicial and it has nothing to do-
Helen: She is more than competent to give testimony as to the defendant's state of mind.
Judge: All right. I'm allowing the testimony. Ms. Washington, you're free to cross examine, please sit.
Rebecca sits.
Helen: When your ex-boyfriend spoke this way was there a context?
Hillary: He was usually winding down at the end of the day. He'd talk about all the shiftless niggers he had to roust or all the welfare Jemimas with their litters of kids. He called them litters like dogs.
Craig jumps up.
Craig: That's a lie!
Judge: Mr. Armstrong, sit down!
He sits back down.
Helen: Did Officer Armstrong to your knowledge ever make these kind of derogatory remarks about white people?
Hillary: No he did not.
Rebecca's now crossing.
Rebecca: So when Mr. Armstrong made these comments you said he made, how did you respond to them?
Hillary: I didn't say anything.
Rebecca: You never said anything? You didn't say please don't use those ugly words when referring to black people?
Hillary: No.
Rebecca: So for 2 years you lived with Mr. Armstrong making derogatory remarks about African-Americans and you never said anything? If his comments were so offensive, why'd you stay with him?
Hillary: He wasn't abusive to me, and eventually I did leave him.
Rebecca: Did you report any of this to Officer Armstrong's superiors?
Hillary: No.
Rebecca: But we should believe you now?
Hillary: I'm telling the truth.
Rebecca: Or maybe you saw your ex-boyfriend on TV and thought you could really stick it to him one more time.
Helen: Objection.
Judge: Sustained.
Rebecca: Did the police come to you or did you go to them?
Hillary: I went to them.
Rebecca: Why?
Hillary: (Pauses for a second.) Because I think Craig might be quick to pull the trigger on a black person he happened on in a convenience store.
Cut to: A private room.
Ellenor, Craig and Rebecca are discussing what happened.
Ellenor: I specifically asked did she have anything to say on racial profiling.
Craig: I never said the stuff she said I did.
Ellenor: Why would she lie?
Craig: I don't know! Maybe that's how she heard it, but I never said it like that.
Rebecca: Did you call black women Jemimas and their children litters of kids?
Craig: It wasn't like that!
Rebecca: Well how was it like?
He pauses.
Rebecca: How was it like!
Craig: Come on, you're a defense attorney Rebecca! We deal with the same scum.
Rebecca: I do not think of human beings as scum. If you do-
Craig: Hey have you ever been out there? It's a tough job. After a while it's hard to sympathize with people who are smoking crack, or boosting VCR's or shooting children.
Rebecca: Sympathize with black people?
Craig: You going to tell me that when you see a news teaser for some awful crime, you don't say a silent prayer that it's not one of us? And when you see that it is Rebecca, do you sympathize or are you disgusted?
Rebecca: Neither. I'm in pain. It hurts.
Craig: Look, it's theses criminals that make us look bad! And that's why I sometimes blow off steam in the privacy of my own home.
Rebecca: Make us look bad to who? White folks?
Craig: All folks! Look, if you want to be lumped in with those animals out there, that's fine. I-
Rebecca: Animals?
Craig: Yes, some people act like animals and they deserve the same amount of respect. That's all I was saying to Hillary. Nothing more.
Rebecca: Did you take one look at Will Bradley and think he was one of those animals?
Craig: It was a clean shoot Rebecca.
Rebecca: Do you hear yourself? I don't know who you are anymore.
Craig: I'm somebody that wanted to get out of the neighbourhood just as bad as you! Look at you, you're a lawyer, you made it. Well so did I.
Rebecca: Yeah, and you returned one of the white cops we grew up with.
Cut to: Lindsay's deposition.
Lindsay is deposing Martha's husband, Mr. Pinkner.
Mr. Pinkner: I would hardly consider a cigar the doom of my marriage.
Lawyer: Can you tell us what it was?
Mr. Pinkner: Mainly we stopped communicating. It may sound like the old cliché, but we drifted apart. Eventually the estrangement left us both feeling rather isolated, and then…
Lawyer: Then what?
Mr. Pinkner: I met somebody else. I fell in love
Lawyer: And it was after you met this other woman?
Mr. Pinkner: We filed for divorce shortly after.
Lindsay: At some point during your estrangement you began smoking cigars?
Mr. Pinkner: Yes, but that-
Lindsay: Thank you. Are you addicted to them?
Mr. Pinkner: Probably.
Lindsay: How many do you smoke a day?
Mr. Pinkner: 6 or 7.
Lindsay: How's your professional life at the moment?
Mr. Pinkner: (To Martha.) Is that what you're telling them?
Lindsay: Mr. Pinkner, please direct your responses to me. How's your professional life?
Mr. Pinkner: It's not good. I was laid off as a senior accountant 11 months ago. Now I'm employed as a junior accountant.
Lindsay: Less money?
Mr. Pinkner: Yes.
Lindsay: Mr. Pinkner, according to your wife when you would argue over your smoking cigars, you would say you like the way you feel. Could you explain that?
Mr. Pinkner: well uh, a cigar means success. They're expensive, they stand for victory. You look at these magazines… success.
Lindsay: You said something about flicking an ash?
Mr. Pinkner: I uh… when I flick an ash it's like, I dust off a problem. Makes me powerful. The more expensive the cigar, the more important I am.
Lindsay: Why the cigar clubs, Mr. Pinkner?
Mr. Pinkner: I don't know. The exclusivity of it, it makes you feel like somebody. Sitting, talking to men-I liked it.
Cut to: DYD+F.
Bobby, Jimmy, Lindsay and Lucy are the only ones in the office. Jimmy is again following Lindsay, this time she's walking out.
Jimmy: I'm still so confused, where are you going with all this?
Lindsay: One more meeting, I just need to do a little research. (She notices Bobby, who has been standing watching the whole time.) Bobby, hi. If I could get you to sit in, that'd be great, show of strength. The meeting's at 3. (She opens the office door.) Um, you won't have to do anything, just back me up when necessary. I'll be back in an hour and a half. Lucy, could you straighten up the conference room? (She leaves without waiting for a reply.)
Jimmy: Do you know where she's headed with this?
Bobby: Not really but I guess we'll find out.
Cut to: The Courthouse halls.
Ellenor, Rebecca and Helen are walking.
Ellenor: Come on you put reckless on the table Helen.
Helen: That was before you made me try it. I'm not pleading out now.
Ellenor: Look, you know at most this guy was overzealous, he is certainly-
Helen: Look Ellenor, I put the offer out there and you said no, you can't have it both ways.
Ellenor: We have grounds for unfair surprise anyways, why not bank your conviction?
Helen: Sorry.
Ellenor: You've been hanging around Richard Bay too long.
Helen: Ouch. (She walks off.)
Ellenor: Well, you got any ideas Rebecca?
Rebecca: His juvie record. The victim-Craig said he had a long juvie record. It shouldn't be sealed anymore. Does the seal survive death?
Ellenor: I don't think so.
Rebecca: Let's go get him.
Cut to: Judge's Chambers.
Helen: You want to put the victim on trial?
Rebecca: We just want to introduce his priors.
Judge: Why?
Ellenor: Our client made a judgement call your honor, a judgement based on 9 years of experience in the field. Mr. Bradley has a pretty extensive juvenile criminal record, including being a suspect in a murder.
Judge: What are you saying? That your client knows one when he sees one?
Ellenor: Well in essence, yes.
Helen: Please shoot away.
Rebecca: The kid was a suspected murdered. The jury should be allowed to gear that.
Helen: You know this is absolutely ridiculous. The only relevance here goes to state of mind. He did not know the victim was a murder suspect when he opened fire.
Ellenor: He had the opportunity to observe his demeanor.
Judge: Nice try but forget it. The victim's priors do not come in.
Ellenor: Your honor-
Judge: No chance. Any more witnesses?
Ellenor: No.
Judge: Closing arguments, 3:30.
Cut to: A private room.
Ellenor, Rebecca and Craig are sitting there as Rebecca goes through the victim's juvie record.
Craig: So what now?
Ellenor: We argue the elements. You still have a shot. The jury believed you, and you're home.
Rebecca: This kid was bad. He had 2 aggravated assaults, murder charge got kicked because of a bad search. Oh my god, I knew the man this kid killed. Craig, it was Gavin Page. Remember he lived on our street he was this tall guy-(She sits quiet for a minute then looks up, shocked.)
Ellenor: What?
Rebecca: You were close with Gavin Page. When was the last time you saw him?
Craig is silent.
Rebecca: Oh my god!
Ellenor: Oh my god what?
Rebecca: This shooting wasn't a mistake was it Craig? This Bradley kid shot your friend, got kicked because of a bad search. You executed him.
Craig: (Expressionless.) Clean shoot.
Rebecca stands up.
Rebecca: You're a murderer!
Craig: Clean shoot.
Rebecca: The reason the store owner saw no gun, he had no gun. You planted it on him after the kid went down.
Craig: Clean shoot.
Rebecca and Ellenor sit there shocked, as Craig stares straight ahead.
Commercial
Cut to: Courthouse Rebecca and Ellenor are in the court halls talking
Rebecca: I grew up with the man, I loved him even.
Ellenor: Rebecca, you hadn't seen him in over 10 years.
Rebecca: But when you know somebody, you know somebody. I-I-I can't believe-
Ellenor: We just put our best faces on and do the job. That's what they taught us in law school, remember? Legal ethics class? We just-
Rebecca: I'm not sure I can close.
Ellenor: (Sighs.) Look, if you feel you'll be too emotional about it, I can do it but it should probably be you.
Rebecca: Why?
Ellenor: Because you're black. (Rebecca sighs.) And in the wake of this racial profiling thing, we need a black attorney to stand up there and close. It'll help, Rebecca, let's not kid ourselves. Out best chance at acquittal is you. That's what we're supposed to be going for, right? An acquittal?
Rebecca is silent, and doesn't look too sure that that's what she wants.
Cut to: The conference room.
The Williams and Breyland Senior Executive Mr. Stewart, the lawyer, Bobby, Lindsay and Jimmy are all seated.
Mr. Stewart: Now I have already given you way more time than this deserves, and I'm at the point of instructing counsel to bring an action against you for abuse of process.
Lindsay: (Shakes her head.) That's not going to happen, Mr. Stewart.
Mr. Stewart: (He chuckles wryly.) Do you really think I'm going to pay your client money? (He starts to get angry.) A broken marriage because her husband smokes cigars? Do I look like the idiot of the new millennium to you?
Lindsay: No, I see signs of intelligence, and that's why you will settle this case. (She sits forward in her chair and rests har arms on the table.) You may think we have a lousy claim, Mr. Stewart, but we'll survive summary judgement, and here's why. It's foreseeable that cigar smoking can breed contempt between men and women. And when you promote institutions like cigar clubs, which serve to segregate husbands and wives, it's foreseeable that it could lead to some marital estrangement. When you publish magazines that seduce men with imagery of success and affluence that go along with smoking a cohiba, it's foreseeable that some men will fall for it, especially men like Mr. Pinkner, who by his own testimony started smoking just because it made him feel good. Made him feel commensurate with the lustre of your magazine. Will that survive judgement? Probably not. Will we survive summary judgement? Yes. (Bobby looks at her in surprise, both at how well she has manufactured the case and how strongly she's arguing it.) But when we get to trial, you can be sure we'll be playing the addiction card. Mr. Pinkner had no choice but to smoke there things once he became addicted. Do we like that word? Addicted, addicted, addicted. And we certainly don't want any forum asking that question, do we Mr. Stewart? Because it still remains the dirty little secret of the cigar manufacturers. The Attorney General's of every state target cigarette companies, you don't see characters on TV smoking Pall Malls anymore. But with cigars, they still remain untouched. Trendy, politically correct. The idea that that could change, billions and billions of dollars, addicted, addicted, addicted. This law firm beat the tobacco companies once with cigarettes, I'm all set to take you on here. Cancer of the lip, tongue, throat, larynx, esophagus, pulmonary lung disease, coronary heart disease… all of these risks come into play in this case. Why? Because my client testified that her health concerns attributed to the arguments that led to the estrangement. Fear of cancer is an issue. Were her fears reasonable? Question of fact. You people peddle carcinogens. (The other lawyer looks at Mr. Stewart, scared.) Toxic little cancer sticks with carbon monoxide, nicotine, hydrogen cyanide, and people still think it's cool. By the time this trial is over, I will make you seem so uncool. And I'll get the attention, you know why? Because I have a track record already of beating the tobacco companies. All the law journals are waiting to see who I take on next. It's you. So keep laughing, make my day… it's you.
Bobby is looking at her with admiration, a smile almost playing on his lips. Everyone is silent, Lindsay just sits back calmly.
Cut to: The Courtroom.
Rebecca and Helen are giving their closings.
Rebecca: He saw what he thought was a gun. What was he supposed to do? Even the store owner was going after his own rifle, he thought he was about to be robbed. You heard my clients testominy. That was a mistake, he saw Will Bradley reach for his gun!
Cut to: Helen's closing.
Helen: The Victim never grabbed his gun. It was found inside his jacket. WE also heard testimony from Mr. Armstrong's former girlfriend. She told us how this man would discriminate against some blacks. How he was prejudiced towards kids because of their colour, poverty. He walked into the store, made a judgement and started shooting.
Back to Rebecca's closing.
Rebecca: And there was no evidence to suggest that. None. And nobody in the department ever heard him say the things he ex-girlfriend says he said. Because he never said them.
Back to Helen:
Helen: What would be her motive to lie? A lot of trouble to go to just because of hurt feelings.
And Rebecca…
Rebecca: What would be Mr. Armstrong's motive to shoot? The commonwealth has offered no motive whatsoever here. Why? Because this was an accident. This is a police officer. (She looks Craig in the eyes.) A good man who thought he was preventing a robbery, and let's ask ourselves, why did Will Bradley have that gun? Let's ask ourselves, if Craig Armstrong hadn't come in, what would have happened? Maybe the store owner might be dead. So easy for us to second guess. This happened in a second, and Craig Armstrong had to make a quick call.
Cut back to Helen:
Helen: And he just opened fire, that's the call he made. He shot a man 3 times. The call he made was murder. Now do we just excuse that because he's a cop? That's your call.
Cut to: Bobby's office. Martha is sitting on the sofa when Lindsay enters, closing the door behind her.
Lindsay: (With a smile.) 270,000 dollars.
Martha: (Sits up.) What did you say?
Lindsay smiles and begins to talk towards her.
Lindsay: Minus contingency and costs, you'll net out around 175 or so. (She laughs at the shocked look on Martha's face.)
Martha: H-how… I don't understand. You all but assured me I had no case.
Lindsay: You didn't! But that's the thing about this business. The-the merits of the actual case sometimes have nothing to do with the outcome. (She laughs again.)
Martha: My god. (She sighs.)
Lindsay: (Still smiling.) Congratulations.
Martha: Lindsay, can we sue her? (Walks over to Lindsay.)
Lindsay: Who?
Martha: The woman he fell in love with, the other woman-she knew he was married-
Lindsay: Martha…
Martha: Alienation of affection, same cause of action.
Lindsay: (Shakes her head.) I think you're all out of people to sue on this one. You need to move on now.
Martha: (Nods.) What am I gonna do? Just go home with 175,000 dollars?
Lindsay: (Looks sad.) He's gone, Martha. You have to move on.
They hug.
Martha: Yeah. Thank you.
Lindsay: Sure. Hey, you won. (She smiles.)
Martha just looks sad. She leaves and Lindsay suddenly looks just as sad.
Cut to: The courtroom.
The verdict is in. The bailiff hands that judge the verdict.
Judge: Will the defendant please rise? Mr. Foreman, you have reached a unanimous verdict?
Foreman: We have your honor.
Judge: What say you?
Foreman: In the matter of commonwealth versus Armstrong, on the charge of murder 2, we find the defendant Craig Armstrong, not guilty. On the charge on manslaughter, we find the defendant not guilty.
Craig lets out a sigh of relief and smiles.
Judge: Thanks you ladies and gentleman of the jury, this court is adjourned.
Craig: You did it! Thanks you. (Shakes Ellenor's hand.)
Ellenor: Congratulations.
Craig: Thanks you. (He goes to hug Rebecca, but she stops him.)
Rebecca: Congratulations Craig, you can go.
Craig: I can live with myself.
Rebecca: Well, that's the difference between us I guess. (She and Ellenor leave him there alone.)
Cut to: Bobby's office.
Lindsay is sitting on his couch with her feet up, massaging the, and looking sad when Bobby comes in.
Bobby: Case is over, week is over… let's go home. (He drops his briefcase on his desk and turns around to face her, smiling.)
Lindsay: I'm ready. (She makes a weak attempt at smiling.)
Bobby: You've got everybody stunned Lindsay. How you manufactured that case, got them to pay money… I know the fear of a trial scared them but still, you sued a cigar company for breaking up a marriage!
Lindsay: (Dully.) Yeah.
Bobby: You don't seem too thrilled for someone who just pulled a rabbit out of a hat.
Lindsay: You know what scare me bobby? A cigar really did break them up.
Bobby walks over and sits down next to her on the couch.
Lindsay: They were a close couple. He lost his job, suffered some esteem problems, some depression. He bought a few of those silly cigar magazines and… saw the beautiful people in expensive clothes puffing away, and he basically tried to escape to that world, by smoking cigars and joining those clubs he suddenly was in this universe that excluded Martha, and they…
Bobby: So you think the cigar company should really be held liable?
Lindsay: (Thinks for a second.) No. I'm thinking… how fragile marriage is. Lose a job, suffer depression, seek escpe. A loving couple? And they were loving. I saw them. (Her voice breaks.) I knew them. (She's about to cry.) A house of cards.
Bobby: (Looks at her as if she's the most precious thing in the world.) I'm never going to stop loving you.
Lindsay: (Studies him and her voice trembles.) How do you know?
Bobby: I've only just begun to love you.
A tear slips down Lindsay's cheek as they stare into each other's eyes. She smiles and leans forward and wraps herself around his chest. He puts his arms around her and hugs her tight, resting his chin on her head.
Bobby: (Softly.)This I know.
Lindsay closes her eyes and lies down on his chest, as he softly runs his hand up and down her back, both so peacefully.
The End.
I absolutely love this episode… Lindsay's case was truly amazing. I love how she argued it at the end… she was so strong and powerful, even I would have been afraid of her! Also… the Bobby and Lindsay parts in this episode are truly unique. This is a side you don't very often get to see of Bobby… and his emotion brought out Lindsay's fragility. Either way, this was an amazing episode… comes highly recommended to watch, it's one of the episodes at the top of my list. And Lucy's line about "wedding stress" and Lindsay getting ready to attack her when she says, "My first instinct was to say nothing, totally." I laughed so hard I almost cried. Typical Lucy. Definitely a must for Bobby and Lindsay fans, and well for actually any fan of The Practice. There's my 4th transcript… hopefully more will come soon. Email me with any questions or comments at matthewperrylover@hotmail.com Thanks.
Barbara