This is just a straightforward transcript of the episode "The Thin Line". This is just for enjoyment, I do not profit from this so please don't sue me.
This transcript was done by Kelly, hadetto@11mail.com, please direct all praise, questions and comments to her.
Kelli: Previously on "the practice"...
Bobby: (to Alan Neel) His name is William Hinks. He's a serial psycho head-chopper we just successfully got acquitted. Now he's obsessed or something with Lindsay. I just want you to scare him.
Alan: I'll take care of it, Bobby.
(cut to Neel's interrogation)
Mike: The man you killed was a bit of a security freak. He also managed to activate his phone machine, which partially recorded an exchange between you two.
(cut to jail cell)
Bobby: What exactly do they have on tape?
Alan: Me telling Hinks that you sent me.
Bobby: I never sent you to kill him.
Alan: Look, we're in deep here.
(cut to a few minutes later, outside jail cell)
Mike: Bobby Donnell?
Bobby: What's going on?
Mike: You're under arrest for the murder of William Hinks.
(cut to a DA's office room)
Martin: The reason for this assemblage -- I do not want this one slipping away. Robert Donnell is an enemy to this department.
(cut to Bobby's office)
Eugene: They're giving Neel manslaughter.
Bobby: In exchange for his testimony against me.
Eugene: I'm bringing a motion to kick a couple of counts, the most serious being felony murder.
(cut to courtroom)
Judge: Whether or not Mr. Donnell actually did instruct Mr. Neel, that is a jury question. The defendant's motion to dismiss the felony murder count is therefore denied.
(cut to Bobby's office)
Eugene: They've offered a plea -- aiding and abetting a felonious assault. 2 1/2 years, one suspended, disbarment.
Bobby: (in a 'mmhmm sure Eugene' tone) Right.
Eugene: If you get convicted of felony murder, you get life.
Bobby: There is no way I'm pleading guilty.
(end of recap)
Bobby is in a courtroom, nighttime, it's empty
(Eugene enters)
Bobby: How did you know I was here?
Eugene: You always used to come here. Me too, for that matter.
Bobby: I remember, what was it -- 10, 11 years ago, you and I sat in this very room dreaming of the day we'd argue before the supreme court.
Eugene: Listen... We talked about introducing character evidence. I don't think that's a good idea. It'll open the door on the drug bust where those police officers got killed.
Bobby: I'm not missing anything, am I? It's my word against Neel's. He's a felon. What's his word? (as in what's it worth) We got to be able to make reasonable doubt. All they have is a convicted felon with a huge motive to lie.
Eugene: The audiotape. That precedes his motive.
Bobby: Can we win, Eugene?
Eugene: An outright acquittal? I don't know. The felony murder count --all they have to prove is that you sent him thereto break in, Bobby. That's what scares me. Their offer is still on the table.
Bobby: No.
In the office
Helen: The thing about Toomey -- he stays very neutral. He doesn't get emotional. Don't try pushing any of his buttons. He hasn't got any. Don't figure him to object too much, either. He doesn't need to preserve something for appeal, he stays quiet. And juries tend to like him because he seems objective.
Bobby: Great.
Eugene: We better get going.
Eugene: (to Lucy) Bags packed?
Lucy: Packed and ready. Um, Eugene, I'm on call for my rape crisis center today. Is that going to be okay?
Eugene: I thought you were just in training. I thought you were volunteering nights.
Lucy: I finished training this weekend and I am volunteering nights. This is a one-time thing. A counselor got sick.
Rebecca: Lucy, we need you on call here.
Lucy: It's this one day only. I probably won't even get called.
Come on, it's 8:30. Let's go Bobby...
Jimmy: I want to be there, you know.
Rebecca: So do I.
Eugene: We can't have an army.
Jimmy: If we sit in the gallery --
Eugene: Somebody's got to earn money.
Bobby: I appreciate the support. Let's go.
Entering an elevator in courthouse
Eugene: There's press on the sixth floor. We just walk through it. I'll give you the advice you give all your clients -- look humble, but look like a winner.
(Mike enters the elevator. Bobby glares from behind him)
Bobby: Thanks a lot, Mike.
Eugene: Bobby.
Bobby: (betrayed) We're friends.
Ellenor: Bobby...
Eugene: I said...
Lindsay: Don't
Bobby stops
Cut to trial
Martin: You were first approached by the defendant's wife?
Mike: Yes, she came to us saying she was being stalked by Mr. Hinks.
Martin: And what did you do?
Mike: We arrested him.
Martin: And those charges were dismissed?
Mike: That's correct.
Martin: Detective, how many times did you detain or arrest William Hinks at the request of the defendant or the defendant's wife?
Mike: I believe it was three.
Martin: And for the record, Detective, Bobby Donnell and Lindsay Dole are friends of yours, isn't that correct?
Mike: We've always been on friendly terms, yes.
Martin: I imagine it's not easy for you, sitting here today, accusing your friend of murder.
Eugene: Objection.
Judge: Sustained.
Martin: Could you describe your last conversation with the defendant regarding William Hinks?
Mike: He was very upset. He and Lindsay came to us saying Mr. Hinks was the driver of the cab she was in. Both she and Bobby were agitated and in fear. Bobby said something like, "get this guy."
Martin: What was your response?
Mike: I didn't know how to respond, to be honest. I was a little thrown.
Martin: Why is that?
Mike: The tenor wasn't "arrest him." It was "get him."
Martin: And by "get him," what did you understand him to mean?
Mike: I really wasn't sure. I just didn't read it as "arrest him."
Martin: Thank you, detective.
(sits)
(Eugene stands)
Eugene: Well, what did you read it as?
Mike: I wasn't sure.
Eugene: Are you in the business of roughing people up, detective?
Mike: No.
Eugene: Killing them?
Mike: No.
Eugene: Arresting them?
Mike: I arrest people, yes.
Eugene: Couldn't Mr. Donnell possibly have been saying, "do what you do"?
Mike: I don't know, Eugene.
Eugene: Prior to this conversation, had Mr. Donnell ever asked you to do anything illegal, detective?
Mike: No.
Eugene: So, it is possible, sir, that when he said "get this guy," he meant "arrest him."
Mike: As I said, I couldn't tell.
Eugene: You couldn't tell, so it's possible.
Mike: I suppose. (not THIS again....)
Eugene: And you described Mr. Donnell as being agitated when he said this, is that correct?
Mike: Yes.
Eugene: Well, his wife had just been threatened again by a serial killer. He responded by coming to the police and saying, "get this guy."
Mike: Yes.
In a room in the courthouse
Ellenor: I don't even know why they called him.
Bobby: They called him to bolster Neel. McGuire just made him a little more believable, made the jury a little more predisposed to believe him.
Lindsay: And he's next, right?
Eugene: He's next.
In the office, Lucy's pager begins to vibrate on the table
Rebecca: Aren't you going to get that?
Lucy: That's my rape center pager.
Rebecca: Well, it seems you have a call, Lucy.
In the hospital
Woman: (on intercom) Dr. Davis, telephone, please. Dr. Davis, telephone, please.
Caroline: (a nurse) Lucy Hatcher?
Lucy: From the rape crisis center.
Caroline: I'm Caroline. Treatment room 3. Name's Maddie Warner. 22 years old.
Lucy: Did the police bring her in?
Caroline: I think so. There's trauma to the face and neck, defensive wounds on the hands. We haven't done the pelvic yet. She's in there. I'll be in with the doctor in a few for the full exam.
(Lucy goes into the room)
Lucy: Hi, Maddie. My name's Lucy Hatcher. I'm a counselor from the rape crisis center. I'm hereto help you through this. Is there anybody that you'd like me to call -- a friend or a family member? (Maddie shakes her head) So, when he gets here, the doctor's going to do two things. First he's going to make sure that you're okay -- medically okay -- and -- and then, to help the police catch this guy, he'll do some evidence collection.You don't have to do the rape kit if you don't want to... (she sees Maddie's face, it is really really really beaten up and her eye is really swollen. Lucy looks like she's about to puke) But it'll really help if you ever want to prosecute. Can I get you anything? A blanket, maybe? (Picks up a blanket and opens it, coming towards Maddie with it. Maddie freaks.)
Maddie: No! No! No! No! [ Sobbing ]
Lucy: (gets really emotional) I'm sorry. I'm so sorry. (she runs out of the room and leans against the wall, trying hard to breath.)
In courtroom
Alan: I'd been a client for about 10 years or so, though not lately 'cause, you know, I'd been law abiding. (that cracks me up :))
Martin: When did Mr. Donnell last defend you, Mr. Neel?
Alan: About eight years ago.
Martin: The charges were?
Alan: Double homicide.
Martin: You were acquitted?
Alan: Yes, I was.
Martin: Could you describe for the court your relationship with Mr. Donnell?
Alan: Well, mainly lawyer-client, but I was very indebted to him. You know, when you allegedly kill people and get charged for it, the man who gives you back your freedom -- well, I felt I owed him my life, basically.
Martin: Now, turning your attention to the day of December 5th, did you meet with Mr. Donnell?
Alan: Yes, I got a call from his assistant saying there's a big emergency and he needed to see me.
Martin: You went to his office.
Alan: I did.
Martin: Could you tell the court what happened there?
Alan: Well, he was upset. Told me he got married and he had a problem. I figured he just wanted me to kill his wife, (Lindsay looks away, disturbed) but that wasn't it. He said this psycho was threatening her, and that he could harm her, and he wanted me to take care of him.
Martin: And by "take care of him, " what did you interpret that to mean?
Alan: Kill him.
Martin: Kill him?
Alan: Yes.
Martin: Did you and Mr. Donnell discuss a price?
Alan: $50, 000.
Martin: Did he pay you this money?
Alan: Well, no. I figured he was good for it.
Martin: Did he indicate when he wanted you to kill Mr. Hinks?
Alan: Immediately, and he gave me the guy's address.
Martin: So what happened next, Mr. Neel?
Alan: Well, I went to this Hinks guy's house, I broke in, and I waited. When Hinks got there, I... I cut his head off and I put it in the freezer.
Martin: I'd like to play for you an audiotape that was recorded from within William Hinks' house.
Alan's voice: Bobby Donnell is a friend of mine.
Martin: (stops tape) That your voice, Mr. Neel?
Alan: Yes. It's me and that Hinks right before I killed him. I-I didn't know I was being taped, of course. That was unfortunate.
Martin: Of course.
Alan's voice: We got kind of an arrangement going. I kill people, he gets me off. Over the years, I'm in his debt pretty good, so when he calls in a favor --
Hinks' voice: I have a silent alarm. The police are on their way as I speak.
Alan: Then I'd better not waste time.
Hinks: Before you touch me, you should know -- I have cooties. (as this is going on Lindsay looks very uncomfortable)
Alan: Oh, you're a funny boy.
Hinks: Please --
[ choking ]
[ beep ] Woman's voice: You have exceeded the time allotted --
Martin: Does this tape represent an accurate account of the events as they happened that night?
Alan: Pretty much.
In hospital, Caroline is talking to Lucy
Caroline: Takes some getting used to. You should have told me it was your first. The doctor's almost ready for the exam... you coming back in?
Lucy: Um...
Caroline: Look, tell me if I need to call the crisis center, get another counselor down here.
Lucy: Unh-unh. I'm okay.
Caroline: I don't mean to be brutal, but you're not going to do her any good if you run out of the room again.
Lucy: I'm fine.
Caroline: How old are you?
Lucy: Let's go.
In courtroom
Eugene: You made a deal with the prosecution in exchange for your testimony, didn't you, Mr. Neel?
Alan: We covered that.
Eugene: Yes. It bears repeating because in all my years as a criminal defense attorney, I've never seen a case where a man goes to a house, breaks in, lies in wait, decapitates his victim, then gets off with manslaughter.
Martin: Objection.
Judge: Sustained.
Eugene: They have you on videotape entering Mr. Hinks' house, is that correct?
Alan: It is.
Eugene: And we heard the audiotape of you killing him?
Alan: Yes.
Eugene: So, basically they had you. You were looking at murder, life with no parole, weren't you, Mr. Neel?
Alan: I know what you're thinking. I'm fingering Bobby to help myself.
Eugene: Why would I think that?
Alan: Look, I'm telling the truth here.
Eugene: How many times have you been convicted of murder, sir?
Alan: Convicted once.
Eugene: Armed robbery?
Alan: I'm not sure.
Eugene: According to your record, twice. Assault?
Alan: Look, I didn't bring my resume. (his *resume*???? great, Alan, imply that this is your job...)
Eugene: Three times. Possession of drugs?
Alan: I'm telling the truth what happened that day.
Eugene: Rape?
Alan: I still maintain my innocence on that.
Eugene: Perjury? (haha, the clencher)
Alan: Once, and that --
Eugene: Murder, rape, armed robbery, assault, and perjury. Have we left out anything, Mr. Neel? This deal you made to get manslaughter, instead of spending every day for the rest of your life in prison, you're going to get out again, aren't you?
Alan: Look --
Eugene: I asked you a question, sir. Under this deal, just by coming to court and accusing Bobby Donnell, you get out again, true or false?
Alan: True.
Eugene: Thank you, Mr. Neel. Nothing further.
In Maddie's hospital room
Doctor: Maddie, I need to do the pelvic exam now, see if you have any injuries, okay?
Maddie: I don't know.
Doctor: It's really important that we make sure you're okay. Try to relax your muscles. This won't be too uncomfortable.
Lucy: Do you want to hold my hand?
Doctor: I'm just going to put my hand on your knees.
Maddie: Wait, wait. I'm sorry.
Lucy: Maybe we could get a different doctor. I-I mean, can we still get a female doctor?
Maddie: No. I can do it. I can do it.
Doctor: Okay, I don't see any signs of tearing. This is good.
Lucy: (dazed) If you want, I could...
Doctor: I just need to take a couple of swabs, and we're done.
Lucy: Get... some cream.
Caroline: Lucy, go to the nurses' station, and what you want to ask them for is sulfa cream. (Lucy stares like a zombie) The sulfa cream, would you get that for me? (Lucy almost leaves when Maddie grabs her arms and pulls her back. Lucy smiles down at her as best she can and holds her hand.
Doctor: All right, Caroline is going to finish the rape kit, comb for pubic hairs and take scrapings from under your fingernails.
In the conference room
Eugene: Okay, we have a decision to make -- whether or not you testify.
Bobby: What are you talking about? How do I not testify?
Eugene: Well --
Bobby: I'm the only one to refute Neel's story.
Ellenor: Bobby, if you get up there, you'll be saying that you sent Alan Neel to scare him, and under the felony murder rule, that may be all the prosecution needs.
Eugene: If we rest now, we could just argue reasonable doubt. All the prosecution has to show you sent him there at all is the word of a convicted felon looking to avoid a life sentence.
Lindsay: The jury will assume Bobby sent him there. Why else would they --
Ellenor: An assumption isn't proof.
Eugene: But if you say you sent him...
Ellenor: That is proof.
Jimmy: Look, the question is, where do you stand now? Was Neel convincing?
Ellenor: He wasn't terrible.
Lindsay: Look, if Bobby doesn't testify, how do we explain Neel going to Hinks' house?
Eugene: What I'm saying -- we may be handing them their case. If bobby says he sent him, we remove reasonable doubt on that issue. It could be case over.
Lindsay: And what I'm saying is we've already lost on that issue. Everybody in that courtroom knows Bobby sent him.
Eugene: They don't know it, Lindsay.
Lindsay: Come on, Eugene. If Bobby doesn't deny that he sent him thereto kill Hinks, which is what Neel just testified to --
Bobby: Plus, I never said break and enter, let's not forget that.
Lindsay: He has to testify. He has to.
Jimmy: Can I say something? It seems, under the felony murder rule, you lose. The only way to win is, basically, the jury has to want to let you go. For that to happen, you have to take the stand and say you never sent the guy there to kill him.
Rebecca: I agree.
Lindsay: So do I.
Bobby: Okay. I'm testifying.
Next day, office
News Reporter: Bobby Donnell is scheduled to take the stand any second. He is likely to be the only defense witness, which means this could go to jury as early as tomorrow. In other news, Governor Salucci was --
Jimmy: (turning it off) Talk about rush to judgment.
Rebecca: Lucy, how did your thing go at the clinic yesterday?
Lucy: Fine.
Rebecca: Did you have a client?
Lucy: I'm not allowed to talk about that.
Rebecca: Not even whether you had a client?
Lucy: No.
In the courtroom
Bobby: Lindsay had become increasingly scared, first when he started showing up at the office...
Eugene: William Hinks?
Bobby: Yes. He showed up saying things like he wanted to appeal his acquittal for the purpose of continuing his relationship with Lindsay. Then he showed up asking if there was a good place to walk a dog. All his victims, he met them walking a dog.
Eugene: Did you respond to that?
Bobby: We called the police and the district attorney. We got a restraining order to keep him 1, 000 feet away.
Eugene: Well, did that work?
Bobby: No. He showed up where she gets coffee saying he didn't know she'd be there. Then she hailed a cab. He was in the cab, driving. He was stalking her.
Eugene: Did you tell this to the police?
Bobby: They said they couldn't prove it and there was nothing they could do.
Eugene: What happened next?
Bobby: Next he murdered his therapist.
Martin: Objection. There's no evidence.
Bobby: His therapist was murdered, who was also a friend of Lindsay's. Then he showed up at the hospital again to taunt Lindsay. Again, the police claimed they couldn't prove it, so they let him go. He's out there killing people. He's obsessed with my wife --
Eugene: What did you do?
Bobby: I called Alan Neel.
Eugene: Why?
Bobby: Because... I needed somebody who was capable of scaring Hinks. Hinks knew the police were bound by rules and laws which he could manipulate. I wanted somebody who didn't know those bounds, somebody who could genuinely scare Hinks. That's why I called Alan Neel.
Eugene: And you met with Mr. Neel?
Bobby: I did.
Eugene: What did you say?
Bobby: I asked him to put the fear of God in him.
Eugene: Did you ask him to kill him?
Bobby: No. in fact, I explicitly told him not to.
Eugene: Well, did you ask him to physically hurt him?
Bobby: Never. I only asked him to scare him, and that's all he said he would do.
Eugene: Well, what happened then?
Bobby: I gave him Hinks' address, and he said he would take care of it.
Eugene: Is it possible Mr. Neel thought you wanted him to kill William Hinks?
Bobby: No, because he asked me that, and I said "I-I'm not hiring you to kill him, just scare him."
Eugene: Isn't that a little risky, Mr. Donnell -- sending one of your clients out to scare a serial killer?
Bobby: We had been to the police. We had been to the district attorney. I had a wife 7 months pregnant. I didn't know what else -- I got a psycho obsessed with my wife, a man who chops off heads, a man who probably just murdered his own doctor, who is now turning all his attention to Lindsay. Was it risky to send a man to confront him? Yes. But I was not going to do nothing. That's my wife over there, carrying my child. I was not going to do nothing... But I never, ever asked him to kill anybody.
In Bobby's office, Lucy is filing (kinda)
Rebecca: Something obviously didn't go well yesterday at the clinic.
Lucy: I can't discuss cases, Rebecca. Rape counsellor privilege.
Rebecca: I was talking about you. How did it go for you?
Lucy: I'm quitting.
Rebecca: Why?
Lucy: I'm just not cut out for it.
Rebecca: Oh, and - and you know this after your very first day?
Lucy: I gave the victim a blanket.
Rebecca: And is that wrong?
Lucy: The first thing they teach you, never approach a victim without getting permission first, and I went at her with an open blanket. She panicked. She totally panicked.
Rebecca: Well, you won't do that next time.
Lucy: There's not going to be a next time.
Rebecca: There are going to be more victims.
Lucy: When I saw what happened to her, I freaked.
Rebecca: Lucy, the woman was raped. So you got emotional. I would wonder about you if you didn't.
Lucy: I ran out of the room, and then I threw up in the hall.
Rebecca: Did you go back in?
Lucy: Yeah.
Rebecca: And?
Lucy: And I just wanted to run out again. I mean, the only reason I didn't was because the victim grabbed my hand before I could.
Rebecca: Lucy, this was your very first call. I think you can allow yourself --
Lucy: I'm just not cut out for it, Rebecca.
Rebecca: I bet you are.
Court
Martin: You know, I really don't have any questions. As I understand your testimony, you were afraid of this Mr. Hinks. You called in a client you once got acquitted for a double homicide. After your meeting, Mr. Neel went to visit Mr. Hinks, and Mr. Hinks ended up with his head in a freezer.
Bobby: I never sent Alan Neel to kill him.
Martin: He just got that idea all by himself?
Bobby: I don't know. He either did, or maybe there was a scuffle, I don't know. I do know I never sent him there to kill him.
Martin: So all you did was send a known killer with instructions to be sure not to kill this time.
Bobby: Yes.
Martin: When you were first called to the scene of William Hinks' house a month ago and you saw his headless body, did you know who had killed him?
Bobby: Yes.
Martin: Did you tell your friend Detective McGuire?
Bobby: No.
Martin: Why not? There was certainly no privilege here. Why didn't you tell the police who had killed William Hinks?
Bobby: I was in shock. I wasn't thinking well.
Martin: So you were content to let this killer stay at large, this killer who murders people without being asked?
Eugene: Objection.
Martin: Wasn't your real fear incriminating yourself? Mr. Donnell, when you declined to tell the police who had killed William Hinks, was it because you didn't want to incriminate yourself?
Bobby: Partly, maybe.
Martin: Prior to the discovery of William Hinks' decapitated body, had you told anybody you'd sent Mr. Neel to visit him?
Bobby: No.
Martin: None of your colleagues?
Bobby: No.
Martin: Not even your wife?
Bobby: No.
Martin: Mr. Donnell, your wife is terrified. She's being stalked by this serial killer. You didn't think to tell her you'd sent somebody to threaten him? You didn't try to give her some peace of mind, Mr. Donnell?
Bobby: (seeming desperate, to me at least) She was on the verge of miscarrying. (she WAS???) I didn't want her any further involved.
Martin: That's exactly the case, isn't it? You didn't want her any further involved. You were afraid that by telling her the truth about what you'd sent Alan Neel to do, you might incriminate her, too. Isn't that right?
Bobby: I only sent him there to threaten him.
Martin: Yes. His ending up dead, just a big mix-up.
Night, in the office
Rebecca: What happened?
Eugene: It went okay. Bobby did pretty good on direct. He was crossed all right, but he held up.
Lindsay: (appalled) It did not go okay, Eugene. It was -- they just put in their case uncontested while you just sat on your hands and -- both of you. If nothing else, you should have at least objected --
Ellenor: There was nothing to --
Lindsay: You do it to break up their momentum, Ellenor. You don't just sit around and wait for something objectionable before -- it was like you both went to sleep. (pause) I don't want to behaving this baby alone. (agitated) I want him in the room with me, Eugene. (stalks off into Bobby's office, sits on the couch next to Bobby, looking teary) I thought they were terrible.
Bobby: There was nothing they could do, Lindsay. Toomey had an easy cross because he had the facts. The truth hurts me. Let's face it, the line between my innocence and guilt here is a thin one... And I probably crossed it.
Back in court
(video of Hinks' confession is on again)
Hinks: (on video) I would have so loved to have extended that look of pain in their faces, that look of horror. It's a thing of beauty -- the look on the face of a woman who knows she's about to die.
Man: You think you'll kill again?
Hinks: Oh, yes. I'll get out of this, you just watch. And I'll know the joy of that look again. (turns off tape)
Eugene: That's what we were dealing with -- a psychotic man who cut the heads off women, who pulled out their fingernails and kept them as souvenirs, and the police couldn't stop him. Even after they caught him, he was smart enough to convince his therapist that he was a sick serial-killer wannabe. She testified to that at his trial, the jury bought it, he got off, then he killed his therapist. And then he turned his attention to his lawyer, Lindsay Dole. Still the police couldn't stop him. He'd show up at her office, where she buys coffee. He picked her up in a cab. He gave her a dog, then he strangled the dog. They got a restraining order, but it didn't stop him. See, he wasn't threatened by the courts. He could fool a jury. He wasn't scared of the police. Why should he be? He killed 10 women, everybody knew it, and he was still out there. I'll tell you who was scared -- Bobby Donnell. See, Lindsay Dole, that's his wife, pregnant 7 months, their first child. You don't think this man was terrified? Would you be? A man who cuts off heads is after your spouse. The police shake their heads, "nothing we can do." How would you react? How he reacted, he called an old client -- yes, a goon -- to put the fear of God in this Hinks 'cause that's all he could think of, try scare the guy, and that's all Bobby Donnell did, ladies and gentlemen, that's all he did. He never said, "go kill him." That was a flat-out lie told by a murderer with a rap sheet longer than the Callahan tunnel, a murderer caught, a murderer trying to avoid a life sentence. Alan Neel flipped Bobby Donnell in exchange for manslaughter and a shot at parole. The chief prosecutorial witness is a murderer, a rapist, with a motive to lie, and it's on his word alone that the district attorney is asking you to believe Bobby Donnell ordered a hit. Alan Neel's word doesn't satisfy reasonable doubt, and I think you know that. (sits)
(Martin gets up)
Martin: Mr. Donnell was scared. I don't dispute that. Who wouldn't be? The man on that videotape after somebody you love? But being scared doesn't give you the right to become a vigilante, it doesn't justify breaking the law, and it doesn't excuse murder, not for me, not for you, and especially not for Mr. Donnell. This is an experienced criminal defense lawyer. He knows the law. He uses the law, when it suits him, to make money defending people like William Hinks, but the minute Mr. Donnell's family is at risk, the minute Mr. Donnell is scared, forget the law. He goes out and hires a killer. That is not just hypocrisy, ladies and gentlemen, that is the most knowing and intentional criminal act you can imagine.
Mr. Young says Alan Neel had a motive to lie to spare himself a life sentence. That might be true after he was caught, but Alan Neel gave the same story to William Hinks before he was caught, before there was any such motive. You heard the tape. The clear inference was he was sent by Mr. Donnell to kill Hinks. There was nothing self-serving about that statement at the time it was made. Of course Mr. Donnell sent Mr. Neel to kill Hinks. Why else would Alan Neel have done so, for extra credit? Do we really think, "oops, he must have misunderstood"? A price of $50, 000 was set. Bobby Donnell was in that frame of mind when he asked Detective McGuire to "get this guy." He was in that same state of mind when he dispatched Alan Neel, and think about this -- if Mr. Donnell is the innocent man he claims to be, why, when the police found Hinks dead, did he not tell them who did it? Why didn't he tell his own wife? Because he knew he was guilty, and even if for some reason, perhaps out of sympathy, you are to believe Mr. Donnell, that he only sent Alan Neel to scare Hinks, under the felony murder rule, you still must convict. If you send a person to break into somebody's home, and a murder results, whether intended or not, the felony murder rule applies. The reason for this rule is to deter suspects from doing something so inherently dangerous that it could foreseeably lead to violence, perhaps murder. Here, Mr. Donnell sent a killer to break into the home of a psycho. Think about that. it is no different than if he lit the fuse of a bomb and threw it at Hinks. One way or another, Hinks was going to die... And that's exactly what Mr. Donnell wanted.
In the office
Rebecca: (getting off phone) The judge is giving instructions. The jury will have it within the hour.
(Maddie enters the office, patch on her eye, but otherwise looking a lot better)
Lucy: Maddie?
Maddie: Are you Lucy?
Lucy: Yeah.
Maddie: I didn't get that clear a look at you before, and I know I'm supposed to wait to see you at the clinic, but I -- without your help... Thank you.
Lucy: (smiles) Sure.
Maddie: Uh, I'm going to see you at the clinic, right?
Lucy: I'll be there.
A room in courthouse
(Martin knocks, opens door)
Martin: Eugene?
Bobby: (standing) No. We're all lawyers here.
Martin: The offer's on the table. Aiding and abetting a felonious assault, 2 1/2 years. (Lindsay looks at table, and folds her hands, pressing them against her lips. Ellenor looks at her, concerned. Bobby is staring at her.)
Eugene: Give us a second. (he leaves) I think we should take it. (Lindsay looks at him, like "What?! You can't do that..") Can I go take it, Bobby?
Bobby: (watching Lindsay) No. I just can't, Lindsay. (pause) Ellenor?
Ellenor: I don't know, Bobby. I feel good on murder one and conspiracy, but on felony murder.. I-I just don't know. (Lindsay looks down at the table and a tear falls. She wipes it off of her cheek immediately, not wanting anyone to see it...)
(Martin knocks again)
Eugene: Look, we -- we need another minute.
Martin: Well, we haven't got it. The jury's back. They have a verdict, so either you take the deal now or we go in there.
(Lindsay looks at Bobby pleadingly, like "You can't, Bobby, no..")
Bobby: We go in there. (Lindsay looks a bit relieved, but really scared)
(cut to verdict)
Judge: Mr. Donnell, will you please rise? (they do) Mr. Foreman, have you rendered a unanimous verdict?
Foreman: We have, your honor.
Judge: What say you?
Foreman: Commonwealth vs. Robert Donnell -- on the count of murder in the first degree, we find the defendant Robert Donnell... not guilty. On the count of conspiracy to commit murder, we find the defendant Robert Donnell not guilty. On the count of felony murder, we find the defendant Robert Donnell... Not guilty.
Judge: The jury is dismissed with the thanks of the court. We're adjourned.
(Lindsay rushes over to Bobby, he puts his arm around her)
Bobby: Get me out of here.
(As they walk out the press yells various questions at them, they pay no attention and push through the crowd into the elevator. In the elevator, Ellenor has a brilliant revelation.)
Ellenor: That, uh... that went well.
(close up on Bobby. Lindsay's head is resting against his neck, his arm is still around her. He looks like he doesn't know what to make of this all)
In the office, night.
Lucy is just getting off the phone, she & Bec hug
Rebecca: Oh, I knew he'd win. I just had this feeling.
Lucy: I didn't.
Rebecca: Did they say, are they coming back here?
Lucy: Yeah. Oh, gosh. Well, I guess this means we're back in business, huh?
Rebecca: Which means you can go about distributing that mail, if that's not too much trouble.
Lucy: Funny. Oh, yeah, here. You can have that. (hands her a tape recorder)
Rebecca: What's this?
Lucy: Some cheapo recorder, probably from a cheapo client. There wasn't a card or anything.
Rebecca: Huh. There's a cassette.
Lucy: Really?
Hinks: (on tape) Hello, Lindsay. if you're getting this, it's at the instructions of my probate attorney, which means I must be dead. That's unfortunate. I usually like to have the last laugh. This is my little insurance policy on that. See you soon.
Rebecca: Get out! Go!
Lucy: What?
[The tape recorder unit explodes. The office is in flames. No idea if anyone survived. As I freeze-frame my tape, I can see Lucy & Rebecca laying on the ground off to the side.]
The End