Transcribed by: Barbara (matthewperrylover@hotmail.com)
Extra Characters:
Callie Fairbanks - Woman who got raped, Helen gamble defends
Jerry Cochran- Man who 'allegedly' raped Callie, has a twin brother. Eugene and Jimmy are defending him
Dr. Cochran - Jerry's twin brother, who tries to help him out.
Mr. Scanell - Represents Lindsay's case against Lawrence O'Malley
Ms. McGonical - Represents Lawrence O'Malley
Lawrence O'Malley - AKA Hannibal Lecter. Calls Lindsay Clarice and is stalking her.
Mike McGuire - Helen's detective friend.
Lindsay Dole: Previously, on the Practice:
Bobby is interviewing client Lawrence O'Malley in a dark room, Lawrence is wearing a muzzle, apparently to keep him from biting.
Lawrence: My name is Hannibal Lecter. You plan to argue insanity?
Bobby: You murdered and ate 3 people, Mr. Lecter.
Lawrence: I didn't kill them. The other man killed them.
Bobby: What other man?
Cut to: another flashback, this time Lindsay's in a room with one of Lawrence's shrinks.
Doctor: He's never denied eating the victims, but it's always the other persona that stabs the girls.
Lindsay: What do you think?
Doctor: I don't know. All that I'm sure of is crazy as he may be, he's not stupid.
Cut to another flashback, Bobby, Lindsay and Lawrence are in a conference room sitting at a long table.
Lawrence is at one end wearing a muzzle, while Lindsay and Bobby are at the other.
Lawrence: Hello Clarice
Bobby: Oh brother.
Lawrence: Does Bobby know?
Lindsay: Does he know what?
Lawrence: That you're in love with me.
Lindsay looks at him, afraid.
Cut to a flashback of a courtroom, Lawrence is on the stand while Helen is crossing him.
Helen: When you saw these women murdered by this other man...
Lawrence: I gave the police a partial description. I told them when he kills. Instead of persecuting me, you should be looking for him, especially since... he's planning to kill Clarice. The camera focuses on Lindsay who is by now looking absolutely terrified.
Cut to another flashback, Bobby and Lindsay are in a room talking.
Lindsay: I got stabbed 3 years ago. I got stabbed Bobby. A man stuck a knife into me three times. (She starts crying and screaming hysterically.) I have never gone back to being okay, no matter how many times you insist that I have! (Bobby reaches out to her and hugs her)
Cut to another flashback of the courtroom, a foreman is reading the verdict on the Lawrence O'Malley case.
Foreman: We find the defendant Lawrence O'Malley, not guilty.
Lindsay looks completely shocked.
Lawrence: Thank you, Bobby. Clarice. (Lindsay gives him an evil look and he smiles.)
Episode begins with a phone ringing in a dark office. Lindsay emerges from the shadows and picks up the phone.
Lindsay: Hello? (There is no answer and Lindsay begins to look scared) Hello?
The receiver clicks and there is a dial tone. Lindsay keeps the phone help up to her ear, looking terrified.
Cut to: The same room only later, Bobby and Helen are also there.
Bobby: What about entrapping him?
Helen: We've thought about that, the thing is, it's not like the guy hits off… he killed 3 girls in 2 years.
Lindsay: What about using me?
Bobby: (Shocked) Are you crazy?
Lindsay: I'm going crazy, Bobby. The longer he stays out there calling me on the phone-(She stops to take a breath)
Bobby: There's no way to protect you.
Lindsay: So what, I just go to bed every night consoling myself that one day they'll finally get him?
Bobby: You will not be used as bait for a serial killer.
Helen: It wouldn't work anyway Lindsay, the guy's too smart for that.
Lindsay: Well come up with something Helen. I'm not going through this again.
Helen: What I'd like to do is get him civilly committed.
Bobby: Can you?
Helen: It will be tough especially since he was acquitted but we can try. Lindsay I need you to testify against him to help convince the judge he's nuts.
Lindsay: Fine. (Nods her head vigorously.) Time and place, and I'll be there.
Helen: We can pick him up tomorrow, but again, it's a real long shot.
Lindsay: Just get him... and if he resists, shoot him.
Bobby and Helen look scared for her and of her reaction.
Opening commercials:
Cut to the Judge's chambers, Jimmy, Eugene and Helen are arguing.
Judge: What do you mean it's lost?
Helen: The findings aren't lost, just the rape kit itself.
Judge: Who lost it?
Helen: We don't know.
Eugene: We thought it had been sent to our lab, we were waiting for the results. We called them today and they said they never even received it.
Judge: Do your storage records show that it was sent out?
Helen: No.
Eugene: Your honor, since we were not afforded the opportunity to do our own tests, the DNA evidence has to be excluded.
Helen: You can cross our technicians.
Eugene: it's not the same as doing our own tests and you know it.
Judge: I can't let it in Ms. Gamble.
Helen: Your honor, they weren't serious about doing their own tests. Why did they wait until the eve of this trial?
Eugene: (Chuckles) We're serious about it now.
Helen: Is this amusing to you, Eugene?
Judge: Counsel, if they didn't get access, the DNA evidence is excluded.
Cut to: A jail cell. Eugene and Jimmy are interviewing their client Jerry Cochran.
Jerry: So what's that mean?
Eugene: It means their whole case now is the victims ID.
Jimmy: Let's not get cocky. At probably cause she was pretty convincing.
Eugene: At least now they're offering a plea.
Jerry: Yeah what is it?
Eugene: 15 years.
Jerry: No way man!
Eugene: Third strike Jerry, if convicted, you get life.
Jerry: All right, look, I got a twin brother so why don't we put him at the table and let her identify him. That's reasonable doubt.
Eugene: I can't do that.
Jerry: I ain't doing no 15 man. Rape victims are supposed to be shaky that's what I hear, let's go to trial. And Eugene, don't hold back on this bitch.
You can tell from Eugene's face that he hates his client and thinks he is guilty.
Helen's office.
Callie: You lost the evidence?
Helen: Callie, we can still win.
Callie: How?
Helen: Well, right now it comes down to your word, which is very compelling.
Callie: You don't look so sure Helen.
Helen: Look, I am completely prepared to go forward but I'm also prepared to go back and offer 8 years.
Callie: 8?
Helen: It's a conviction. It takes him off the streets, besides, a trial could be very unpleasant.
Callie: (Stands up) 8 is not an option, not for what he did to me.
Helen: Okay. (There is a knock on the door and Bobby enters) I'll see you in the courtroom, division 3.
Callie: Okay. (She leaves)
Bobby: You get him yet?
Helen: Noon. I'm going on the ride personally, to make sure things aren't any more unconstitutional than necessary.
Bobby: Helen, is it possible to do this without Lindsay testifying? She's not in very good shape.
Helen: Bobby, even with Lindsay, this is a long shot. We need her to say how afraid she is of this guy otherwise-
Bobby: Anything he said to her, I was there for her. I can provide-
Helen: We need her. Look, I'm not gonna bother picking him up if I can't count on her.
Bobby: You saw how she was last night.
Helen: I did, but do you want this guy convicted or not?
Bobby looks down knowing she's right.
Cut to: The courtroom, Callie is on the stand with Helen questioning her.
Callie: I was opening my apartment door, and as I opened it I was suddenly shoved inside and then knocked to the floor.
Helen: Do you see the person today who knocked you to the floor?
Callie: Him, the defendant.
Helen: Are you sure this is the man, Ms. Fairbanks?
Callie: I'm positive that's him.
Helen: Now after you were pulled to the floor, what happened next?
Callie: He closed the door and he told me if I screamed he would kill me. He then… um… pulled his pants down and he started to climb on top of me. He pushed my skirt up, and I tried to get free, and that's when he punched me.
Helen: Where?
Callie: In the face. I took my keys and I tried to gouge him. I got him behind the ear. And then he hit me about 3 or 4 times and I kind of lost consciousness and the next thing I was aware of, he was ramming himself into me.
Helen: Are you absolutely sure this is the man who raped you on the evening of March 11?
Callie: I am absolutely sure. I have nightmares about his face. I try to get his face out of my mind, but I can't. That's him. That's the man who raped me.
Helen: Thank you.
Eugene gets up to cross-examine her.
Eugene: When the police arrived you said you could not approximate the suspects height or build.
Callie: I saw his face very clearly.
Eugene: You said he had no facial hair. At the time of my clients arrest, he had a moustache.
Callie: I evidently didn't see the moustache but I saw his eyes and I recognized-
Eugene: You told the police you gouged him behind the ear, drawing blood. Are you aware that they found no scratches or marks on my client?
Callie: I thought I drew blood, but the blood on my hand and my key turned out to be my own I guess.
Eugene: You guess? Did you describe for the police the clothing the assailant wore?
Callie: No.
Eugene: You were knocked unconscious during the attack is that right?
Callie: After the rape. I was conscious during the attack.
Eugene: But you testified when he punched you 3 or 4 before the rape, you kinda lost consciousness. Are you changing that testimony?
Callie: I kinda lost consciousness, but I was conscious during the rape and I saw his face exactly.
Eugene: Except for the moustache.
Callie: yes.
Eugene: When you were suddenly grabbed and dragged into your apartment, did you go into a little shock?
Callie: If you're asking did it compromise my capacity to observe...
Eugene: No, I'm asking did you go into a little shock?
Callie: Yes.
Eugene: Compromise your capacity to observe... that's legal terminology. Are you a lawyer?
Callie: No.
Eugene: Those were your own words, compromising your capacity to observe. Did Ms. Gamble use that term with you?
Helen: Objection.
Judge: Sustained.
Eugene: Did the district attorney have concerns about your capacity to observe?
Helen: Objection.
Judge: Sustained.
Eugene: Thank you, Ms. Fairbanks.
Cut to: Outside Lawrence O'Malley's apartment. Mike and Helen are sitting in a car.
Helen: (Sighs) I gotta get back. If he doesn't come out soon-
Mike: Between 12-12:30 every day like clockwork. He'll be out. If this goes before Judge Cook-
Helen: It's not gonna go before Judge Cook. His other doctor said stress and anger would make the other man emerge. Maybe he'll wig out, give something we can use.
Mike: Are you telling me we should rough him up?
Helen: oh god no. This has gotta go clean. We're on shaky ground as it is. I'll try to jolt him a little and see what I can get.
Mike nods.
A man steps out of an apartment building across the street
Mike: There. (Into a walkie-talkie) Okay, move in.
Mike and Helen get out of the car, several men come running from all directions.
Mike: Police! Lawrence O'Malley, stop! (He stops very confused and looks around) Mr. O'Malley, you need to come with us please.
Lawrence: What's going on? (Police cruisers are pulling up all up and down the street)
Helen: We want to check your cholesterol, you've been eating too much red meat.
Lawrence gives her an evil look.
Helen: Remember me, Hannibal? Didn't we have relations? We're going to have relations now. You're going for a nice little stay to the rubber room lodge.
Lawrence: I was acquitted.
Helen: Oh, I must be looking for the other man. Why don't you send him out so I can talk to him?
Lawrence: Do you think I'm an idiot? (I swear, if looks could kill, Helen would be dead right now)
Helen: I can see from your expression that I've pissed you off. Those other girls pissed you off, didn't they Hannibal? It's time for the other man to come out and take care of business.
Lawrence looks like he is about to snap, but then takes a deep breath to calm himself.
Lawrence: I need to call my lawyer.
Helen looks briefly disappointed, but then smiles.
Helen: Take him.
Mike pulls him off towards a cop car as Helen stands, looking satisfied.
Commercial break:
Cut to: Bobby and Lindsay are in Bobby's office talking.
Lindsay: Helen's not handling it?
Bobby: She's in trial, plus she could be a witness.
Lindsay: Who's doing it?
Bobby: State Attorney Michael Scanell. Helen says he's good.
Lindsay: Who's representing O'Malley?
Bobby: That I don't know, but whoever it is got a hearing at 4 to get it kicked. We should be there.
Lindsay: Fine. (She takes a deep breath to calm herself)
Bobby: Lindsay, I think you need to see somebody.
Lindsay: (In disbelief) See somebody? A shrink?
Bobby: (Nods) Yeah.
Lindsay: What it's unhealthy for me to be on edge?
Bobby: Of course not. Which is why you need to talk to-
Lindsay: (Angrily.) I'm talking to you.
Bobby: Lindsay, you are the most rock steady person I have ever met. But right now, you really feel on the verge of a break down, and I'm worried. I'm gonna get some references and the maybe we can see somebody.
Lindsay: (Calms down a bit at Bobby's worried expression and sincerity.) Sure.
Cut to: Courtroom, Jerry's on trial
Jerry: I was at home.
Jimmy: All night?
Jerry: After 6 o'clock. I got to be at work at 5 am. I don't go out on weeknights.
Jimmy: Well Mr. Cochran it seems that-
Helen: Sidebar your honor.
Judge motions them all up.
Helen: I'm sorry, the inadmissibility of the DNA evidence aside, Mr. Berlutti knows what the results are which means he knows that the witness is lying here.
Jimmy: I do not know those results to be accurate. That's why we wanted to do our own test but we couldn't since the commonwealth lose the rape kit.
Helen: Oh come on.
Jimmy: Our client claims he was home alone. I don't know that claim to be false. I'm entitled to put him up here to tell his story.
Judge: Mr. Berlutti, are you representing to this court that you think the DNA test results are inaccurate?
Jimmy: I'm representing I don't know.
Judge: You're full of crap. But technically, I can't stop you. Step back.
Jimmy resumes questioning Jerry Cochran
Jimmy: Mr. Cochran, you sat here this morning and listened to Ms. Fairbanks identify you as the person who raped her.
Jerry: She got it wrong. Look, I'm no saint, but I don't rape people. (To Callie) You got it wrong!
Helen: Objection.
Judge: Don't address the victim sir.
Jerry: I didn't do it. As God as my witness, I am innocent of this.
Helen is now crossing him.
Helen: You held up a convenience store with a gun 6 years ago. Was God your witness that night?
Jerry: I already told you, I ain't no saint, but I don't rape.
Helen: But you're a convicted-armed robber.
Jerry: Yeah.
Helen: Mr. Cochran, have you ever been convicted of assaulting a woman?
Jerry: That was a domestic dispute.
Helen: The answer to my question is yes.
Jerry: Yes.
Helen: Mr. Cochran, do you go to a bar known as Jaspers?
Jerry: Sometimes.
Helen: Sometimes, well if I had witnesses that would say you frequent it 2-3 times a week, would they be lying?
Jerry: I go there sometimes for a beer.
Helen: Weeknights?
Jerry: Yeah but I go home early.
Helen: So your testimony that you don't go out weeknights... that wasn't accurate was it?
Jerry: I should have said I don't stay out late on weeknights.
Helen: I see, and this particular night, you didn't go out to Jaspers at all, did you?
Jerry: No, I was at home.
Helen: Home where you were seen by whom?
Jerry: Nobody. I was home alone like I said.
Helen: So the only person who saw you that night was Callie Fairbanks?
Jerry: No she got it wrong.
Helen: Oh she got it wrong.
Eugene: Objection.
Jerry: Yes she did.
Judge: Overruled.
Helen: You raped her, almost killed her.
Eugene: Objection!
Judge: Sustained.
Helen: Now you're lying about it.
Jerry: I'm not lying!
Helen: I see, you best up women, you're an armed robberer, but you're not a rapist. You go out several nights a week to Jaspers, but the night Callie Fairbanks was raped, you just happened to be home alone. That's your testimony?
Jerry: Yes! I don't rape.
Cut to: In a private room, Jimmy and Eugene are with Jerry.
Jerry: You didn't protect me!
Eugene: Jerry, calm down.
Jerry: You just let her go off on me.
Eugene: Calm down.
Jerry: You're pulling pinches in there Eugene.
Eugene: I didn't pull them in there, and I'm not pulling them with you. We gotta plead this out.
Jerry: What?
Jimmy: If you lose here, your third strike, you're gone for good. It's too risky not to think about pleading.
Jerry: Okay. Okay I got a twin brother. He's gonna pay you a visit.
Eugene: Why?
Jerry: Because he is. You just listen to what he got to say.
Cut to: A courtroom.
Ms. McGonical: Your honor, this is an outrage. Lawrence O'Malley was acquitted. The state doesn't like the result so they're looking to lock him up civilly. It's a blatant end around double jeopardy, not to mention the constitution, and it offends every motion of justice-
Mr. Scanell: This isn't about locking him up for a crime.
Ms. McGonical: Yes it is. And don't insult my intelligence or the integrity of this room by pretending-
Mr. Scanell: If Ms. McGonical could climb from her soapbox for a second-
Ms. McGonical: I have every right to be on a soapbox. This is a despicable abuse of police power-
Judge: I'm inclined to agree, Mr. Scanell. You lose at the criminal proceeding so you decide to incarcerate him civilly. That doesn't violate double jeopardy?
Mr. Scanell: He was acquitted of murder, he nevertheless professes to be Hannibal Lecter. He eats people! How could this court, or any governmental institution that purports to safe guard the public allow him to just-
Judge: Has he threatened anyone?
Mr. Scanell: Yes. His own former lawyers are afraid of him. They're here to give testimony.
Ms. McGonical: Well let them get restraining orders if they feel (At this point Lawrence turns around to stare at Lindsay who glances at him briefly before turning away.)
Mr. Scanell: It's not that simple, your client is sick.
Ms. McGonical: So lets help get him treatment then. You're seeking to throw him into an asylum and lock him up!
Judge: All right. Look, it smells pretty bad Mr. Scanell. The government didn't even try this with OJ.
Mr. Scanell: I'd like you to hear from Lindsay Dole your honor. And perhaps from some of Mr. O'Malley's doctors.
Ms. McGonical: Those doctors were hired by these lawyers for the purpose of creating an insanity defence.
Judge: Okay Ms. McGonical, the court notes your outrage. Mr. Scanell, I am not leaning your way, but I'll let you call your witnesses. 9 o'clock tomorrow. Till then, Mr. O'Malley stays in custody. We are adjourned.
Bobby and Lindsay look like a weight has been lifted from their shoulders. Lawrence jumps up from his table and walks over to Lindsay.
Lawrence: Clarice? (Lindsay looks up at him, scared.)
Ms. McGonical: Lawrence.
Lawrence: What are you doing Clarice?
Ms. McGonical: Come on Lawrence. Don't talk to her.
Bailiff: All right sir. (Takes him away as he stares at Lindsay who tries to look away but cannot.)
Cut to: A private room, Jerry's twin brother ahs come to see Eugene and Jimmy as promised. While Jerry looks like a bum in tattered clothes, long uncombed hair, his brother is wearing a neat suit and ties with glasses, looking very sharp.
Eugene: You were with your brother?
Dr. Cochran: Not the entire evening, but I was at his apartment from around 8:30 to 10.
Jimmy: That's kind of convenient.
Eugene: If it is true, why were you waiting until now to come forward? Why didn't your brother tell us this?
Dr. Cochran: I'm an oncologist, Mr. Young. I have a fairly distinguished career, I have a family. If I went to testify in this trial, I'm afraid the public association would... my brother was respecting my wishes, ,but he now tells me he could lose, and in good conscience I can no longer stay silent.
Eugene: You close to your brother?
Dr. Cochran: Yes I am.
Eugene: And you're asking us to believe you sat quiet on an alibi because being associated with your brother could hurt your career.
Dr. Cochran: That's right.
Eugene: And that your brother was willing to let you stay quiet and face life in prison, other than blemish your career. Wow.
Dr. Cochran: I was at his apartment between 8:30 and 10.
Jimmy: We can't put somebody up there to commit perjury, Dr. Cochran.
Dr. Cochran: I won't be committing perjury, Mr. Berlutti. I was with my brother from 8:30 to 10.
Eugene: Your brother's semen was found in the victim, the DNA proves it-
Dr. Cochran: I'm told the DNA is inadmissible and possibly inaccurate.
Eugene: We're not gonna call you!
Dr. Cochran: Why?
Eugene: Why? Because if it looks like you're lying, which it will, it will hurt him.
Dr. Cochran: I'm not a lawyer, Mr. Young, but it seems to me that if a witness comes forward with exculpatory evidence, evidence which cannot be established as being false, if a client directs you to call that witness, it would be grounds for malpractice for you not to do so. Now would you like to prep my testimony or should I just meet you at the courthouse?
Commercial Break
Cut to: A courtroom, Lindsay has taken the stand.
Lindsay: He would talk about the book of Genesis, and how by eating the women, he would become one with them, and he could take them to heaven.
Mr. Scanell: Mr. O'Malley said that?
Lindsay: Yes, and he'd say he's make sure I'd go to heaven.
Mr. Scanell: And you interpreted that to mean?
Lindsay: That I was going to die. And I didn't have to interpret, he said so. He said the other man was going to get me.
Mr. Scanell: In the course of your representation of Mr. O'Malley, did you form a lay opinion as to his mental health?
Lindsay: He's sick and he's dangerous. He murdered-
Ms. McGonical: Objection. Mr. O'Malley was acquitted on all charges of murder.
Lindsay: (She's becoming increasingly agitated.) He eats people! He thinks he's Hannibal Lecter for God sakes! He goes after women and he's made it clear that he's coming after me! He should be locked up!
Mr. Scanell: Ms. Dole, clearly you recognize how unusual this is. A lawyer giving testimony against a former client.
Lindsay: Yes, and I've never done so before, but I consider this man to pose an extreme risk to the public, and I suppose particularly to me, because he consumes women he has a relationship with. He seems to believe he has one with me.
Mr. Scanell: Thank you Ms. Dole.
Lawrence stands up, and Lindsay looks over at him, scared of what he's going to do.
Lawrence: Why are you doing this?
Judge: Mr. O'Malley, please take your seat.
Lawrence: Your honor, I prefer to ask the questions myself.
Judge: I don't recommend that and since you have a lawyer here...
Lawrence: My lawyer doesn't know the witness, I do. And I believe it's the right of the accused to confront my accuser.
Judge: For criminal proceedings. This is a civil matter. Again, I will ask you to please sit.
Lawrence sits down while Lindsay looks away nervously. Ms. McGonical stands up.
Ms. McGonical: During the course of your representation, did you at any time seek police protection?
Lindsay: I didn't have to then. He was in custody wearing a muzzle. Now, he's not.
Ms. McGonical: Well upon the reading of the verdict, he was released from custody in your presence. Did you protest?
Lindsay: I should have.
Ms. McGonical: But you didn't. He walked out of the courtroom while you watched silently, isn't that right?
Lindsay: I was a little stunned by the not guilty verdict.
Ms. McGonical: Did anything happen since he was released to make you scared?
Lindsay: I got a phone call.
Ms. McGonical: From Mr. O'Malley?
Lindsay: I believe it was him, yes.
Ms. McGonical: Well did he identify himself?
Lindsay: No, There was silence, and a hang-up.
Ms. McGonical: Well why do you believe that it was my client?
Lindsay: I just do.
Ms. McGonical: You just do. Anything else happen since the verdict?
Lindsay: No.
Ms. McGonical: No. So we're here because you got an anonymous phone call from Mr. O'Malley. Did you call the police after you got this phone call?
Lindsay: I went to Helen Gamble
Ms. McGonical: Helen Gamble. And she took care of getting my client picked up, is that correct?
Lindsay: Yes.
Ms. McGonical: She's a close friends. You and Ms. Gamble even used to be roommates, didn't you?
Lindsay: Yes.
Ms. McGonical: Thank you.
Cut to: Dr. Cochran is giving his testimony.
Eugene: It's a little difficult to believe sir, that you waited until now to come forward.
Dr. Cochran: I realize that. All I can say is I had my reasons. The important thing is I'm here now.
Eugene: So you went to your brother's home around 8:30?
Dr. Cochran: Yes we talked for a while, maybe an hour or so, and I left.
Eugene: After an hour or so?
Dr. Cochran: Yes. It was then on my way home I first saw her.
Eugene: (Looks around in confusion) Saw who?
Dr. Cochran: Her (He points at Callie Fairbanks) She was going into her apartment building.
Eugene: (Obviously shocked) Wait a second, you also saw Ms. Fairbanks that night?
Dr. Cochran: Yes.
Eugene: You didn't tell me this.
Dr. Cochran: It's a little difficult to just come out with something like this. I'm still not sure I can.
Eugene: Come out with what?
Dr. Cochran: That it was me. That I was the one who raped her.
Helen: (Jumps up) Your honor!
Judge: We're going to take a short recess. Counsel, chambers.
Cut to: Judges chambers.
The judge and Helen turn to give Eugene sickened looks.
Eugene: What? You think I knew that was coming?
Judge: What exactly did he tell you he planned to say?
Eugene: Just that he was with his brother. Obviously he didn't tell me the real reason because he was afraid that I wouldn't put him up there if I knew.
Helen: You have to call a mistrial.
Jimmy: Double jeopardy-
Helen: Not when it's defense misconduct.
Eugene: We didn't know!
Judge: Mr. Young, if I found out you orchestrated this...
Eugene: Come on!
Jimmy: It doesn't even help us! Talk about him having no credibility before.
Judge: Ms. Gamble, you can either cross him now or I'll continue the case and let you investigate.
Helen: (Thinks for a second.) I'd like to be able to argue that the defendant was facing the 3-strike law.
Eugene: What?
Helen: Goes to bias. It explains why his brother would lie for him since he's facing life imprisonment.
Judge: I can't let you argue that Ms. Gamble and you know it.
Cut to: Helen is crossing Dr. Cochran.
Helen: So you just drove by, saw the victim, and raped her.
Dr. Cochran: Yes
Helen: Ever rape anyone else?
Dr. Cochran: No.
Helen: Ever commit a crime before?
Dr. Cochran: No.
Helen: You're an oncologist, Dr. Cochran?
Dr. Cochran: Yes.
Helen: How much money do you make annually?
Dr. Cochran: A little over $300,000
Helen: Family?
Dr. Cochran: It's because I have a family, because I have a career.
Helen: That's why you raped her.
Dr. Cochran: It's why when my brother was arrested, he stayed silent. He was prepared to let himself be prosecuted for something he didn't do. Because he didn't want me to lose all I had.
Helen: Oh I see. So he was happy to go to prison for a crime you committed.
Dr. Cochran: Yes.
Helen: Well he must really love you.
Dr. Cochran: He does. He also knows what this will do to our parents. I was the one who made it. The one who finally made the family proud. He decided he'd sacrifice himself.
Helen: So you said to yourself, "sounds good."
Dr. Cochran: I tried to go along with it for the same reasons, but ultimately I couldn't. That's why I'm here today, to tell the truth.
Helen: Doctor, you know once your brother is acquitted, double jeopardy applies and he can never be retried, right?
Dr. Cochran: I'm not a lawyer.
Helen: You're not a lawyer. Is it your testimony that you don't know that once your brother is acquitted, he can never be retried?
Dr. Cochran: I know what double jeopardy is.
Helen: So if he's acquitted and you get arrested, he can testify at your trial that he did it.
Eugene: Objection.
Judge: Overruled.
Dr. Cochran: My brother is innocent. I'm the one who did it.
Cut to: Eugene and Jimmy are leaving the courtroom with Dr. Cochran following close behind. Eugene suddenly stops and turns around to face the doctor.
Eugene: I don't like being played for a fool, doctor.
Dr. Cochran: If I told you what I'd planned to say, would you have called me to testify?
Eugene: If it was the truth, yes.
Cut to: A private room, Eugene and Jimmy are pacing while Jerry sits at a table.
Jerry: You don't know what the truth is, okay?
Eugene: Well the jury's gonna know what the truth is, and I'm telling you-
Jerry: You just explain it counsel. Me and my brother love each other. I was willing to get arrested for rape rather than let his career get wrecked, and when it looked like I might get convicted, he came forward to say what happened. That was our plan. Now you just sell that counsel, cause for all you know, it could be the truth.
Eugene: I know it isn't the truth, that's why-
Jerry: (Jumps up and yells angrily). You just sell it!
Eugene leaves, leaving Jimmy with the client.
Cut to: Helen's office. She enters and slams her stuff down on her desk, and sits heavily in her chair. She leans her head back and Callie shows up at the door.
Callie: What's going on? First the DNA and now the twin? Is he gonna get off?
Helen: I hope not. I'm so sorry.
Callie turns and leaves and Helen rests her head in her hands, and begins to cry.
Commerical
Cut to: The courtroom, the O'Malley case.
Judge comes in to an expecting crowd of people and sits down.
Judge: This man is in need of serious and immediate help. Stand up Mr. O'Malley.
(Lawrence stands up as Lindsay watches.)
Judge: You eat people?
Lawrence: Only dead ones your honor. I would never harm a living soul. (He turns around and looks at Lindsay) Never.
Judge: Can you appreciate how sick it is for you to consume human flesh?
Lawrence: No one's complained from PETA.
Judge: You think this is funny?
Lawrence: Your honor, I was forced to stand trial for 3 murders I didn't commit. I lost my job and will likely never get it back. I've had to sit in a courtroom listening to people call me a monster. Allow me to find some gallows humor where I can.
Judge: I don't have to allow you a damn thing. And if this were truly a civil commitment hearing, I'd throw you in the deepest of holes. But this isn't that, Mr. Scanell, it's a pretext. The commonwealth failed at the criminal trial, so you're trying to take another whack. It violates double jeopardy, it insults the very system we're sworn to uphold, and if I were to let you get away with it, the DA's would be lined up outside my courtroom. The petition is denied. (Lindsay and Bobby look horrified). I am enjoining Mr. O'Malley from coming within 500 yards of Ms. Dole. Better pay attention to that sir. We're adjourned.
(Lindsay jumps up and we can see that she is hysterical, that she knows her last chance of getting him locked up has just passed her by)
Lindsay: (Screams at the judge) Are you crazy?
Bobby: Lindsay!
Lindsay: He's a serial killer for god's sake!
Judge: As a matter of law he isn't Ms. Dole. He was acquitted.
Lindsay: (She's obviously lost control). Why didn't you take more witnesses, call the doctors?
Bobby then stands up and grabs her arm to pull her back.
Lindsay: (Grabs her arm back furiously and screams at him) Let go of me! What happens if he kills again?
Judge: We're adjourned!
Lindsay: What's wrong with you? You wear the robe to protect the public!
Judge: And I wear it to protect the integrity of this room, Ms. Dole. I would advise you strongly to end it right now.
Lindsay is quiet and in shock so the judge leaves.
Mr. Scanell: Lindsay, come on.
Lindsay: Why didn't you call the doctors?
Mr. Scanell: It wouldn't have mattered.
Lindsay: Of course it would have mattered! They would have testified that he's insane!
Mr. Scanell: His lawyers would have asked why they didn't initiate commitment proceedings.
Bobby: We at least got a restraining order in case he pulls anything.
Mr. Scanell: Yeah.
Lindsay looks over to see Lawrence standing only a few feet away, listening and watching Lindsay intently.
She walks straight over to him and stands in his face.
Lindsay: Come near me, I'll kill you.
Bobby: Let's go. (He pulls her quickly out of the courtroom before she can say anything else).
Cut to: Another courtroom, Helen is giving her closing.
Helen: We all know what's going to happen next. If you acquit, double jeopardy will reattach. And the defendant can never be retried. What he can do, is take the stand at the doctor's rape trial, say he did it, and gift wrap reasonable doubt for the doctor. Why would these brothers resort to something so desperate? Because the victim saw the man who raped her. She positively identified the defendant as being that man. And the defendant had no alibi. This grand stunt was all they had. Never mind how ridiculous. The evil twin comes forward under oath to say, "It was me." That woman was raped, almost killed. (Helen pulls out an enlarged photo of Callie Fairbanks taken on the night she was raped.) This is what the defendant did to her. (She starts to cry) This is not a game of strategy and antics. She was raped. I've done many cases, and every time I have asked the jury to follow the evidence, which I will again here. But for the very first time, I'm going to ask the 12 of you to follow your hearts. I believe most people are fundamentally moral. And I don't think it's wrong for you to let conscience be your guides. As you go back to that deliberating room, we all know the brother is lying to save him. A-(Her voice breaks.) A woman was raped.
She goes to sit down and Eugene speaks from his seat.
Eugene: Let conscience be your guide... (He stands) This country has never trusted conscience as a directional, and why should we? In Washington even our most noble politicians sell their ideas to special interest groups. They have to, because without the money, you can't get elected. Read the papers lately? You think the catholic church is guided by conscience? It's exactly because we don't trust society to get out of conscience what we've declared ourselves a nation of laws. Laws. WE must follow the law. Laws are what we have to prevent anarchy, and we should be. Suicide bombers act out of conscience for God's sake. In America, we go for the law. In the criminal justice system, the law mandates that to convict, you must find the accused guilty beyond all reasonable doubt. You can't do that here. The prosecutions entire case was the victim's ID. An ID which is highly suspicious. She had no idea how tall he was, she said the man had no facial hair. My client had a moustache. She was admittedly in and out of consciousness while forming her observation, and she was also in shock! Can we trust what she thinks she saw? Beyond all reasonable doubt? Add to that, another man has come forward confessing to the crime. The DA might not believe him, you might not believe him. Could be nothing more than brotherly love. But that confession stands unrefuted... unrefuted! Even the victim can't contradict it because this man looks exactly like this man. The one she described. Follow the law. But even your conscience has to tell you here, there's reasonable doubt. (He sits down.)
Cut to: DYD+F
Bobby: Obviously if the guy should ever show up here, just call the police.
Lucy: Okay.
Ellenor: Where's Lindsay?
Phone rings in background.
Bobby: She's in my office. I'm gonna take her home.
(In the background)
Lucy: Donnell, Young, Dole and Frutt.
Ellenor: Well could you make her take a couple of days off?
Bobby: Believe me, I'm trying.
Rebecca: I can't believe this man is on the street.
Lucy hangs up the phone
Lucy: That was Eugene. The jury was out 11 minutes.
Ellenor: And they have a verdict?
Lucy: They just got called back in.
Cut to: Back at the courtroom.
Everyone sits nervously, waiting for the verdict.
Judge: Will the defendant please rise?
Jimmy, Eugene and Jerry stand up.
Judge: Mr. Foreman, has the jury reached a verdict?
Mr. Foreman: We have your honor.
Judge: What say you?
Mr. Foreman: Commonwealth Vs. Jerry Cochran, on the charge of aggravated rape, we find the defendant Jerry Cochran, guilty.
Judge: Mr. Cochran, you have been convicted by a jury of your peers. Security, take the defendant into custody. This matter is now adjourned.
Eugene: We'll review whatever grounds we have and let you know if there are any possible appeals.
Jerry: okay.
Helen looks satisfied as Jerry is dragged off.
Callie: Thank you.
Cut to: Outside in the courtroom halls
Dr. Cochran: Is there any chance for appeal?
Eugene: I don't know.
Jimmy: An 11 minute deliberation, it could be good for something. It's worth raising.
Eugene: We'll see what we can figure out.
Helen: (Walks up behind them) Dr. Cochran, I'd cancel your appointments for this afternoon, I'll be sending officers to arrest you for perjury. You made a big mistake. (She walks away briskly without another word.)
Dr. Cochran: They can't get me on that can they?
Eugene: You lied under oath!
Dr. Cochran: But how can they prove it? I can just keep telling them I did it.
Eugene: That DNA evidence, it couldn't be used against your brother, but it can be used against you to prove you lied.
Dr. Cochran: Mr. Young, Jerry and I are identical twins, we have the same DNA.
Eugene: Still, the story's really hard to swallow.
Dr. Cochran: Well if we get really desperate, I can just show them the scar where she gouged me with a key.
He turns and pulls his ear back, exposing the scar.
Eugene and Jimmy look completely shocked.
Dr. Cochran: My brother tried to tell you, you don't know what the truth is. (He walks away)
Cut to: Bobby and Lindsay's apartment at night.
Lindsay is on the couch watching an old movie, relaxing with a pillow on her lap.
Bobby walks out of the bedroom,
Bobby: (Sighs heavily) He finally went out after... (Bobby Junior starts crying in the next room.)
Bobby: Or not. (He turns and heads back to the baby's room.)
Lindsay watched after him, when the doorbell rings. She jumps up immediately and the bell rings again. Lindsay walks over to the door and pulls it open, only to expose Lawrence O'Malley. She looks terrified and takes a step back.
Lawrence: We need to talk, Clarice.
Lindsay: There's a restraining order. (She begins to back up quickly) You just screwed up.
She picks up the phone and he takes a step into her apartment, and she jumps back and stumbles.
Lawrence: No please don't... just 30 seconds. Then I'll go, I swear.
Lindsay: (Yells) Bobby!! (Into the phone) Yes this is an emergency, there is an intruder in my house.
Bobby comes running out of the bedroom.
Bobby: What's wrong?
Lindsay nods her head towards the door and Bobby turns to see Lawrence standing inside the door to their apartment.
Lawrence: I promise I'm not here to hurt anybody, I just need to talk to her, please.
Lindsay: The police are coming.
Lawrence: (Starting to get angry.) Just tell me why you betrayed me Clarice! I need to know!
Bobby: (Yells.) Get out before I throw you out!
Lawrence: (Inhales deeply.) You might get hurt.
Bobby: Who are you?
Lawrence: You know who I am. You're in danger Clarice. He is coming for you.
Bobby: Get out!
Lawrence: Only I can save you.
Bobby: (In fear for Lindsay. You can see he's trying hard to look menacing, but is obviously afraid) You got 2 seconds before I throw you out!
Lawrence: You'll go to heaven, and I'll take you there myself.
Lindsay: You know what? (She raises a gun) Why don't you go on ahead without me?
Lawrence is now the one who looks terrified.
There is a bang as Lindsay lets off the first shot, and Lawrence grabs for his chest.
Bobby: Lindsay!
2 more shots are automatically fired and Lawrence falls against the doorframe and slides down to the floor leaving a trail of blood. Bobby looks shocked at O'Malley and then Lindsay who is just staring. Looking extremely calm.
Lindsay: I told you, I wasn't gonna go through it again.
She places the gun down and walks past Lawrence and Bobby, into her bedroom, leaving Bobby alone with the body of Lawrence O'Malley.
The End
Thanks again for reading, the continuation (This Pud's For You and then The Verdict) will be transcribed next… since school's just started again I'm not sure when they'll be up but they are next on my list. Again, if you have any transcripts that are not listed on my website, please send them to me at matthewperrylover@hotmail.com
Thanks