The Practice Transcripts<p>

-------------------- Disclaimer --------------------<p>
This transcript was written by Arwen <p>

I do not own the characters in this story, nor do I own any rights to the television show 'The Practice'. They were created by David E. Kelley and belong to him and David E. Kelley Productions. <br>

 
Episode 402<p>

"Boston Confidential"<p>


Opens in Lindsay's room Bobby and Lindsay are in bed kissing<br>

Helen: (from out side of room) Lindsay, Lindsay are...<br>

Helen bursts in<br>

Helen: Oh sorry. Do you guys brush or do you just start right in with morning breath? <br>

Lindsay: Helen<br>

Helen: Nevermind I just got called to a crime scene so I got to go<br>

Lindsay: Ok well thanks for coming in to tell me<br>

Helen: Sorry again<br>

Helen leaves<br>

Bobby: She's not sorry she likes doing that. <br>

Lindsay: I'll get a lock<br>

Bobby: Nevermind a lock. Move in with me. <br>

Lindsay: Bobby<br>

Bobby: Why do we have to wait till were married? We haven't even set the date yet. You can still wear white if we live together first<br>

Lindsay: Tell that to my father, what about Helen? She can't afford this place by herself<br>

Bobby: Now that's the real issue isn't it, you don't want to bail on Helen. We go back and forth just to collect clothes. This is ridiculous. <p>

Cut to down town Boston Helen arrives at the crime scene<p>

Helen: (walking over to Mike) what do we got? <br>

Mike: Big ticket the suspects the president of Boston Liberty Bank Pierce Stanton<br>

Helen and mike walk over to 2 police officers<br>

Mike: This is Officer Henderson. This is Helen Gamble District Attorney<br>

Helen: Ok lets go take a look<br>

Officer Henderson: I pulled him over for a traffic violation, he ran a stop sign. I haven't touched anything yet. <br>

They walk around the back of a car and you see a dead woman lying in the trunk<br>

Helen: And he confessed<br>

Officer Henderson: Just started crying and said he strangled her. <br>

Helen walks over to police car that Pierce Stanton is in<br>

Helen: Mr. Stanton I'm Helen Gamble from the District Attorney's Office. We're going to take you down to the police station and we'd like you to make a statement there okay? Try to help you out. <br>

Pierce Stanton: I think I should call my lawyer<br>

Helen: Ok that's fine<br>

Pierce Stanton: Would you call him? His name is Bobby Donnell I'm sure he listed. <br>

Mike and Helen walking at the crime scene<br>

Mike: She may have jumped the gun on the search a little<br>

Helen: Jumped the gun how? <br>

Mike: Well reasonable suspicion is iffy. <br>

Helen: She's the one he confessed to? <br>

Mike Yeah<br>

Helen: Officer Henderson<br>

Officer Henderson walks over<br>

Helen: Can you come by my office this morning? <br>

Officer: Sure<br>

Helen: Okay bye, mike<p>

Cut to Jimmy entering a jailhouse visiting room and walks over to where Henry Olson is sitting on the other side of the glass<p>

Jimmy: I can't continue to just sit on this<br>

Henry: But you gave me your work Jimmy. <br>

Jimmy: Let me ask you something Henry. Are you sure? Have you talked to your son about it? <br>

Henry: It's a little hard to have a conversation from where I'm situated at the moment. <br>

Jimmy: So what we've got here, your sons a murderer living in your home with your wife and your 11-year-old daughter. Aren't you concerned as a father? <br>

Henry: OF course I'm concerned but...<br>

Jimmy: Then how can you stay quiet? <br>

Henry: Because I cant necessarily trust Alison not to tell<br>

Jimmy: She might tell, have concern for him the kid needs help. <br>

Henry: I don't want to have this discussion<br>

Jimmy: (Slams against glass divider) We're gonna have this discussion<br>

Guard: Sir I'll have to ask you to leave if you do that again<br>

Jimmy: Henry, you're an intelligent man, you've got to know this is not smart. You're in jail for a crime you didn't commit, your son is in desperate need of help and isn't getting it for gods sake Henry. <br>

Henry: I don't know what to do anymore Jimmy, I can't see him go to prison I couldn't live with that. <br>

Jimmy: You trusted me once, I know a judge I think I can trust let me talk to her maybe my partners they'll keep my confidence I promise.<p>

Cut to Bobby and Pierce Stanton in a jail cell<p>

Pierce: I didn't plan it. It wasn't like it was premeditated. <br>

Bobby: Just tell me what happened? <br>

Pierce: We'd been fighting which we've been doing a lot lately, and she wasn't happy. She kept saying she wasn't happy about this about that. It was building everything I did wasn't good enough whether it be my personality or my sperm count the way I rinse a damn dish. I but her a 3 million dollar home in Cambridge and every time I drive home to it I'm afraid to go inside because I know I'll get an ear full how I don't measure up. I got sick of it Bobby. <br>

Bobby: Calm down and tell me what happened. <br>

Pierce: Like I said we're having an argument and she's saying she hates this and she hates that and I said to her 'it's me you hate isn't it, it's me' and she says that maybe she does. So then there's some more screaming and suddenly my hands are on her throat, now I don't even know what the argument was about but my hands are on her throat and I'm squeezing. I'm squeezing as hard as I can then suddenly she goes limp. I let her go. <br>

Bobby: Where were you going with her? <br>

Pierce: What<br>

Bobby: With her in the trunk? <br>

Pierce: She had made plans to go shopping in town and she had told some friends. I was going to try and make it look like a mugging or something then I ran a stop sign believe it. <br>

Bobby: How much of what you just told me did you tell that police officer? <br>

Pierce: All of it. <p>

Cut to Court room Helen is sitting in the gallery Lindsay walks over and sits next to her<p>

Lindsay: Hey<br>

Helen: Lindsay what are you doing here? <br>

Lindsay: ah Stanton case<br>

Helen: It takes two to do an arraignment now? <br>

Lindsay: No actually I came to see you<br>

Helen: Oh<br>

Lindsay: I'm going to move in with Bobby<br>

Helen: Oh when? <br>

Lindsay: Well pretty much right away so...<br>

Helen: IS this because I walked in on you guys this morning? Cause I can cut down on that<br>

Lindsay: No, no it's something that we've been talking about<br>

Helen: Ok, um but I'm going to have to move out I can't swing that place on my own<br>

Lindsay: You can find another roommate<br>

Helen: Lindsay who am I going to find? Women don't like me. Men just want to sleep with me. I end up wanting to sleep with them, it's a vicious cycle. <br>

In background: Case 32114 commonwealth versus Pierce Stanton on the charge of murder in the first degree<br>

Helen: I gotta go<br>

Bobby: Bobby Donnell for the defense Your Honor waive reading plead not guilty<br>

Helen: Helen Gamble for the commonwealth oppose bail<br>

Bobby: My client has established roots in the community<br>

Helen: Murder 1<br>

Bobby: Even so<br>

Judge: Bail is denied<br>

Bobby: Move for a probable cause hearing Your Honor<br>

Judge: 2 o'clock put the defendant back in the lock up next case<br>

Bobby: (to Helen) any offers? <br>

Helen: Bobby he confessed what kind of deal do you expect me to cut?<p>

Cut to Jimmy entering Kittleson's chambers<p>

Kittleson: Jimmy? <br>

Jimmy: You got a second? <br>

Kittleson: I suppose<br>

Jimmy: I know Ellenor was in here last week hitting you up for special favors I promise this ain't about that<br>

Kittleson: I love it when you use like ain't eloquence has a way of leaving me moist<br>

Jimmy: Listen, I know your integrity as a judge comes above anything else, and I'm here actually to ask your help or advice. It's kind of a grave thing<br>

Kittleson: I'm listing<br>

Jimmy: I would appreciate it if we could keep this confidential cause it involves a privilege relationship on my end. I got a client convicted of a serious crime he didn't commit, his son committed it. My client doesn't want his son to go to prison for the rest of his life, so he's taking the fall. I cant convince him to come forward with the truth, never the less I got the truth<br>

Kittleson: You have evidence that the son committed the crime? <br>

Jimmy: Well, just my clients word but it's a good word<br>

Kittleson: So basically you've got a client convicted of a crime who says he innocent. You expect what? <br>

Jimmy: Well I don't know but this isn't just a case of the convicted guy saying he's innocent, it's…<br>

Kittleson: It's exactly that. That's what happens in 90% of the cases. Now you have new evidence take it to the DA if you don't … what am I missing here? <br>

Jimmy: Well I guess I am looking for a favor though I don't see it as that. Were both officers of the court an injustice has occurred. Right now I go to the DA he's just going to laugh. It's going to seem exactly as you've said. I'm going to look like every other defense attorney throwing a Hail Mary, but if I go in with a judge that might give me some credibility<br>

Kittleson: Get out! <br>

Jimmy: If I could convince you that what I'm saying is true<br>

Kittleson: Get out! <br>

Jimmy: You could help prevent a big miscarriage here. This integrity of the robe thing that's just a bunch of crap<br>

Kittleson: Hey, you think I won't hold you in contempt<br>

Jimmy: Go ahead! We'd be even (Jimmy leaves and slams door)<p>

Cut to D, Y, D&F Jimmy is talking to the rest of the firm<p>

Jimmy: And no matter how hard I try to change his mind he won't budge<br>

Bobby: The son did it? <br>

Jimmy: Yes<br>

Bobby: And you knew? <br>

Jimmy: I didn't know until the day of closing arguments<br>

Bobby: Why didn't you tell us? <br>

Jimmy: I gave him my word<br>

Bobby: We're his lawyers on this case<br>

Jimmy: Don't you start in on me dammit I gave him my word that's got to count for something<br>

Eugene: All right lets calm down and figure out where were going to go from here<br>

Rebecca: Can we go to the DA<br>

Bobby: Bay forget it<br>

Lindsay: Without evidence Bay and everybody else is just going to laugh at us<br>

Eugene: A confession is new evidence. I say we go to the son<br>

Jimmy: We can't reveal to the son what we heard from henry client privilege<br>

Ellenor: You already broke privilege when you went to Kittleson<br>

Jimmy: Kittleson won't talk and I asked you not to start in<br>

Lindsay: Hey<br>

Rebecca: Alright<br>

Bobby: Look go to Henry get his permission to talk to his son<br>

Jimmy: He'll just say no<br>

Ellenor: He wants to spend that rest of his life in jail<br>

Jimmy: Yes! That's what I keep telling you<br>

Eugene: Let me have a little chat with Henry<p>

Cut to Helen and Officer Henderson entering Helen's office<p>

Helen: Please have a seat. How long have you been a police officer? <br>

Henderson: 2 years<br>

Helen: So you remember learning anything about the 4th amendment at the academy? What right did you have to open that trunk? <br>

Henderson: He was acting suspiciously<br>

Helen: We've got a problem officer you had no legal grounds to conduct that search. Unless I see he didn't have his registration on him<br>

Henderson: That's right<br>

Helen: See I think what happened is you decided to impound the vehicle. Once you made that decision you then conducted an inventory search of the vehicle. Is that what happened? <br>

Henderson: Yes<br>

Helen: Ok well we need to be clear on that once you get in the witness chair otherwise the contents of that trunk together with the confession will be suppressed are we clear? <br>

Henderson: Yes<br>

Helen: Good, you might want to get some coffee you're on in an hour<p>

Cut to D, Y, D&F Kittleson enters<p>

Jimmy: Roberta? <br>

Kittleson: Can I speak to you? In private. <br>

They go to Bobby's office<br>

Kittleson: First of all, you had no right to reveal to me your clients...<br>

Jimmy: I didn't give you names<br>

Kittleson: I can figure it out give me some credit. Now are you sure your client is telling the truth? <br>

Jimmy: Yes<br>

Kittleson: What you first need to do is get his permission to talk to the son<br>

Jimmy: Eugene's trying to do that now<br>

Kittleson: Assuming he consents, you need to get the boy counsel. I would then try to secure a written confession with counsel, then you take that to the District Attorney but the boy must have counsel. <br>

Jimmy: Ya<br>

Kittleson: The reason I got so angry, when somebody so much as asks for a special treatment on the basis of a personal relationship I consider it a professional inditement, I take offense<br>

Jimmy: I wasn't trying to insult you professionally Roberta. Everybody knows you're a great judge that's why I cam to you for advice and maybe a little because I missed you<br>

Kittleson: Well you have my advice<p>

Cut to court room Helen questioning Officer Henderson<br>

Henderson: I pulled him over after her failed to stop for the stop sign he appeared to be very nervous<br>

Helen: What happened then? <br>

Henderson: I asked for his license and registration, he didn't have his registration so I decided to impound the vehicle. I then ordered the suspect out of the vehicle and then I searched it upon which I found the body of a deceased woman in the trunk<br>

Helen: What happened next? <br>

Henderson: He then basically broke down and told me that he had murdered his wife and that he was planning to dispose of the body to avoid being caught<br>

Helen: Thank you officer (she sits down) <br>

Lindsay: (she gets up) you said he was acting nervously? <br>

Henderson: Very<br>

Lindsay: Did his behavior make you suspicious? <br>

Henderson: Well I suppose it did a little, he looked like he was hiding something<br>

Lindsay: And in your testimony you said you ordered the suspect out of the car and then searched the trunk. What was he suspect of? <br>

Henderson: He wasn't a suspect at the time, he became a suspect after I opened the trunk. <br>

Lindsay: Well you said you ordered the suspect out of the car. Should we read bake your testimony? <br>

Henderson: Well I miss stated it he wasn't a suspect until after I opened the trunk. <br>

Lindsay: Ok, and when you went to search the trunk was it because you thought he was hiding something there? <br>

Henderson: No that was an inventory search, I had decided to impound the vehicle so I did an inventory search. <br>

Lindsay: And why were you impounding the vehicle? <br>

Henderson: Because he didn't have any registration<br>

Lindsay: The car wasn't registered? <br>

Henderson: It turned out to be registered but he didn't have the registration on him<br>

Lindsay: And is it your policy to impound registered vehicles when the driver isn't in possession of the registration? <br>

Henderson: No, I didn't know it was registered when I decided to impound it. <br>

Lindsay: Did you call in the plates? <br>

Henderson: No<br>

Lindsay: Isn't it normal procedure to call in the plates to determine whether a car is registered? <br>

Henderson: Many officers do that I didn't on this occasion I suppose I could have<br>

Lindsay: You suppose you could have. Did you tell my client you were impounding the vehicle when you asked him to open the trunk? <br>

Henderson: I don't recall<br>

Lindsay: Did you call a tow truck? <br>

Henderson: No<br>

Lindsay: Why not? <br>

Henderson: I hadn't gotten to that yet<br>

Lindsay: When were you planning to get to that? <br>

Helen: Objection<br>

Judge: Overruled<br>

Henderson: I was going to order the tow trunk after I did the search. <br>

Lindsay: Officer Henderson we all know how long it takes tow trucks to show up, its your testimony that you planned to do the search first and then call for the truck? <br>

Henderson: Yes<br>

Lindsay: OK, when you went to search the trunk you didn't tell my client you were taking the car, you didn't tell him he had to get picked up by somebody or hitch a ride to the station? <br>

Henderson: No<br>

Lindsay: Your Honor, the defense moves to suppose the contents of the trunk together with my client's confession<br>

Helen: Opposed<br>

Judge: I'll hear all oral arguments tomorrow morning 10 o'clock<p>

Cut to D, Y, D&F Eugene enters<p>

Eugene: He says we can't talk to the son<br>

Rebecca: So now what? <br>

Eugene: Its over<br>

Jimmy: It's not over<br>

Eugene: Jimmy there's nothing more we can do<br>

Jimmy: It cant be over we just don't sit back saying its over while the wrong guy sits in jail. I think we should confront the son anyway<br>

Eugene: Can't do that<br>

Jimmy: What not? <br>

Eugene: Because he instructed you not to, you cant talk to the kid without revealing a lawyer client communication so that that. <br>

Jimmy: Eugene, what are we suppose to do here? Forget about it, move on while an innocent man serves a life sentence? <br>

Eugene: That's exactly what we do jimmy. Now if you want to go through the transcripts, find an appealable issue do it, but what the client told you in confidence you keep in it confidence<br>

Jimmy: Not when it amounts to...<br>

Eugene: Jimmy you cant do it<p>

Cut to later that day Steven Olson enters D, Y, D&F<p>

Steven: (to Lucy) I'm here to see Mr. Berlutti<br>

Jimmy: Stephan hey thanks for coming. Had no trouble getting here? <br>

Steven: No I took the T<br>

Jimmy: Here lets use this office right here<br>

Eugene: Jimmy can I talk to you for a sec<br>

Jimmy: Go ahead in Steve I'll be right in<br>

Eugene: What are you doing? <br>

Jimmy: I'm going to talk to him<br>

Eugene: We didn't get permission from his father to talk to him<br>

Jimmy: I won't be revealing anything Henry said<br>

Eugene: Jimmy you can't reveal client privilege information there's no way to talk to him without raising the issue<br>

Jimmy: I won't say what his father told me<br>

Eugene: How do you accuse him of the crime without revealing privilege? You don't have any independent information other than what henry told you<br>

Jimmy: Eugene if I get called before the bar, I get called before the bar I really don't care anymore<br>

Eugene: I'm going in there with you<br>

Jimmy: No you're staying out here<p>

Cut to Court room Bobby before the Judge<p>

Bobby: The officer admitted he seemed suspicious, thought maybe he was hiding something, so what did she do? She opened the trunk, and anyone with a law degree knows she made a mistake. This was no inventory search, she never said she was going to impound the vehicle. The police don't just seize vehicles when the drivers don't have proof of registration, they just call the plates in to check it takes 30 seconds. She never called a tow truck, she said she was going to do that after, please we all know what's going on here, they've decided to call it an inventory search to justify it. Nothing in the behavior of that police officer is consistent with the police procedure on an inventory search. <br>

Helen: Its all hinges with what Officer Henderson was thinking when she opened the trunk. We have her word that it was an inventory versus Bobby Donnell's ability to read minds<br>

Judge: Come on counsel how many officers are out there Taking cars because the drivers cant find their registration? <br>

Helen: Maybe she was a little over zealous she's 27 years old, young police officers get that way sometimes. So what, she hadn't taken him in to custody, she hadn't placed him under arrest, he wasn't any kind of suspect. By Officer Henderson's own uncontreverted testimony it was an inventory search and defense counsel is standing up here and asking you to read minds, asking you to play guessing games, asking you to suppress the contents of that trunk anybody with a law degree knows what happens if you do, don't we. <p>

Cut to Jimmy talking to Steven<p>

Steven: It's a lie<br>

Jimmy: Is it Steven? Your dad saw you going out the door. The reason he's staying quiet, he doesn't want to see you go to prison. He loves you too much for that. He'd rather spend that rest of his life in jail than to see you get hurt. I don't see you as some kind monster. A boy finds out his dad has this sick sexual fetish its got to be devastating. Doing what he was doing and when you went to the officer and saw the woman, I don't, any kid would probably go a little nuts in side and the court would understand this Steven they would. However angry you might be at your dad your going to be more angry at yourself one day if you let him go to prison forever, the fact that he's willing to do it shows how much you love him. I've known you practically your whole life you're a good kid, a great kid, you'll destroy yourself if you don't correct what's happened here. <br>

Steven: (crying) He's sick, he's sick<br>

Jimmy: I know he is and we got to get him some help but first we go to get him outta jail will you help me do that? <p>

Cut to Helen's Office Helen is sitting at her desk and Ellenor is sitting across from her<p>

Helen: You and me roommates? <br>

Ellenor: Lindsay said you needed one, I'm looking at the moment and I thought maybe on a temporary basis we could<br>

Helen: Ellenor, do you think you and I are compatible? <br>

Ellenor: Well why wouldn't we be? <br>

Helen: Well um, don't get me wrong, I like to have fun during off hours, I love to but, I just have this vision of you doing drugs, of I guess I'm just worried I have to have you arrested. <br>

Ellenor: You think I do drugs? <br>

Helen: No, I don't but I have this notion of you travelling in underground circles<br>

Ellenor: Well Helen I wish I did but unfortunately I work all day and I come home and I work all night and really I'm less fun than Lindsay<br>

Helen: No one is less fun than Lindsay<br>

(Lindsay enters) <br>

Lindsay: I heard that<br>

Helen: Think Ellenor and I are a good match? <br>

Lindsay: Well<br>

Helen: She dates men who cut off heads I have this tiny little neck<br>

Ellenor: Ahh ok that's really funny<br>

Lindsay: See you already bickering roommates<br>

(A young man comes to the door) <br>

Man: Helen the judge is coming back<p>

Cut to Courtroom<p>

Judge: Miss. Gamble is correct in her assertion, we cannot know what was in Officer Henderson's mind when she searched that trunk but, the court is certainly entitled to exercise common sense together with a benefit of experience when making it's guess. She was suspicious of the driver, she admitted as much as much, the search of the trunk in the courts opinion, was a result of that suspicion and while granted that suspicion turned out to be extremely well founded, it was never the less legally unreasonable. The contents of the trunk are suppressed, the defendants ensuing confession is therefore also suppressed as a fruit of a poisonous tree. Miss. Gamble I'm as disappointed as you are, this is awful but we both know it's not even a close call. If you can get new evidence re-file so longs as its independent, otherwise congratulations Mr. Stanton for now you get away with murder, adjourned. <br>

Pierce: I don't believe it<br>

Bobby: I would hope you get some counseling Pierce<br>

Pierce: It doesn't seem right I can just walk out totally free? <br>

Lindsay: I wouldn't book yourself on Larry King<br>

Helen walks over to Officer Henderson<br>

Helen: What are you waiting for? Somebody to say chin up don't feel so bad. You should feel bad you made a terrible mistake. <br>

Henderson: If I hadn't opened that trunk we may never have known a murderer even happened<br>

Helen: But because you did open up that trunk you pretty much guarantee his getting away with it. <br>

Henderson: You've never made a mistake Miss. Gamble? <br>

Helen: No<br>

Back to Lindsay and bobby talking<br>

Lindsay: I'm going to go home and check on her a little, you know how she is about loosing<br>

Bobby: I should probably check up on Stanton, he hasn't even begun to deal with loosing his wife yet. <br>

Lindsay: How are you? <br>

Bobby: Me I'm ok why? <br>

Lindsay: I don't know what's worse the fact that we freed another murderer or the fact that it doesn't really bother us anymore<p>

Cut to D, Y, D &F<p>

Jimmy: No what I don't care if I broke lawyer client privilege I can live with it. <br>

Eugene: The issue isn't whether you care<br>

Jimmy: Ya it is Eugene, you guys are trying to make me feel bad I'm not gonna feel bad, if I violated some precious lawyer rule though I wasn't about to let an innocent man--<br>

Eugene: Privilege isn't some precious lawyer rule! <br>

Jimmy: Why do you have to lecture me I left you out of it! <br>

Eugene: You didn't leave me out of it you didn't leave any of us out of it! (Grabs Jimmy) Hey you did this to us Jimmy to us<br>

Jimmy: Well I'm sorry<p>

Cut to Lindsay and Helen's<p>

Helen: Well I lose my roommate. I lose my cases. I lose my cases to my roommate. <br>

Lindsay: Have you given any more thought to Ellenor? <br>

Helen: Not really, were still going to see each other right? <br>

Lindsay: Helen<br>

Helen: Come on don't Helen me. I like having you in the next room, even gotten used to Bobby being in it with you<br>

Lindsay: We're still going to se each other all the time<br>

Helen: Ya, when you moving out? <br>

Lindsay: End of the month I guess<br>

Helen: I don't want to loose you Lindsay<br>

Lindsay: Oh your not going to lose me (they hug) promise<p>

Cut to Bobby's car Bobby is on his cell phone talking to Lucy<p>

Bobby: Anything else? <br>

Lucy: Now everything else can wait 'till tomorrow<br>

Bobby: Ok, I'm on my way to Pierce Stanton's house just going to see how he's doing then I'll probably head home<br>

Lucy: Have a good night<br>

Bobby puts his phone down and pulls up to Stanton's house and sees him leaving<br>

Bobby: Where's he going?<p>

Cut to D, Y, D &F<p>

Eugene: I'm not saying I don't like her I'm just saying you and Helen as roommates<br>

Eleanor: What we get along great<br>

Lucy: Oil and vinegar<br>

(Phone rings) <br>

Eleanor: I hear a phone ringing. It would just be nice to get out of that rabbit worn that's all I can say<br>

Lucy: Hey Jimmy its Alison Olson<br>

Jimmy picks up phone<br>

Jimmy: Alison what's up? Oh my god when? Oh god where are you now? I'll be right there<br>

Eugene: Jimmy what's wrong? Jimmy? What's happened? <br>

Jimmy: Steven Olson he just hung himself in the garage<br>

Eugene: He's dead? <br>

Jimmy: Ya<p>

Cut to Bobby in his car watching Pierce Stanton go up to a house press the buzzer and Officer Henderson answers the door<p>

Cut to Jimmy and Alison Olson watching a body bag on a stretcher being wheeled away<p>

Alison: I know he was upset by all this but I never, never--

Jimmy: Alison, Steven killed the woman<br>

Alison: What? <br>

Jimmy: Your husband was taking the fall for him I confronted Steven about it this afternoon<p>

Cut to Bobby in his car on his cell phone the other end is ringing<p>

Bobby: Come on, Come on<br>

Lindsay answering machine: Hi this is Lindsay I'm not home right now but if you leave a message I'll call you back thanks<br>

Bobby: Lindsay, call me as soon as you get this. I just saw our little friend Pierce Stanton going in to Officer Henderson's I think they pulled off the perfect crime<p>

Cut to Jimmy talking to Henry in a jail visiting room<p>

Henry: You killed my son<br>

Jimmy: Henry<br>

Henry: You killed my son<br>

Jimmy: I didn't kill him he took his life out of guilt<br>

Henry: Because you went to him after I told you not to go to him<br>

Jimmy: I know and I'm sorry all that's left for me to do now is get you out. I'm going to tell the DA everything that's happened and hopefully we can get you out<br>

Henry: (crying) How could you, how could you. I told you...<p>

Cut to Helen and Lindsay's Helen is brushing her teeth and she walks into Lindsay's room and press the button on her answering machine<p>

From machine: You have one new message<br>

Bobby: Lindsay, call me as soon as you get this. I just saw our little friend Pierce Stanton going in to Officer Henderson's I think they pulled off the perfect crime<p>

Cut to mike, Helen and a group of police officers going up to Officer Henderson's home<br>

Mike presses the buzzer and Henderson comes to the door<br>

Mike: this a warrant to search you house<br>

Henderson: What? <br>

Mike: Cynthia Henderson you're under arrest for the murder of Elizabeth Stanton. You have the right to remain silent, you have the right to an attorney if you cannot afford an attorney one will be appointed to you<p>

Cut to Bobby's apartment Bobby and Lindsay are in bed and the phone rings Bobby picks up<p>

Bobby: Hello? What? I'll be right there<br>

Lindsay rolls over sleepily<br>

Lindsay: What? <br>

Bobby: The police somehow figured it out they just arrested both of 'em<p>

Cut to Richard Bay's Office Jimmy is there<p>

Bay: Did he leave any kind of note? <br>

Jimmy: No<br>

Bay: Well did he admit to anyone that he killed the woman? <br>

Jimmy: No but he didn't exactly deny in though either when I confronted him<br>

Bay: What are you asking me for? <br>

Jimmy: henry didn't do it. I'm asking you to release him<br>

Bay: You're not serious? <br>

Jimmy: Of course I'm serious the guy didn't commit the crime<br>

Bay: You think I'm going to ask a Judge to release a convicted murderer on the grounds that his defense attorney says he's innocent?! <br>

Jimmy: I expect you to because he is innocent! <br>

Bay: For all I know the kid hung himself because his fathers a killer! <br>

Jimmy: That's not the case! <br>

Bay: Well give me evidence your word of honor doesn't but a cup of coffee<br>

Jimmy: Richard I'm telling you the truth here<br>

Bay: Look even if I did believe you and lets say I do, ok I'm inclined to I don't trust your partners so much but you strike me as honest. I don't have any way of knowing that your right and again even if I thought you were right you think I have any basis to try and throw out a conviction? Even If went to the Judge he'd thrown me out on my ass after which my boss would throw me out on the street. There is nothing I can do here. <br>

Jimmy: An innocent man is going to spend the rest of his life in prison for a crime he didn't commit<br>

Bay: Wouldn't be the first time that happened. I'd tell your client to think twice before hiding the truth from his attorney<p>

Cut to courtroom a guard is brining in Pierce Stanton and Officer Henderson<p>

Background: case #32345 and 32346 commonwealth versus Pierce Stanton and Cynthia Henderson murder in the 1st degree, conspiracy to commit murder<br>

Bobby: Bobby Donnell for Pierce Stanton Your Honor<br>

Marshall: Marshall Sholtz for Cynthia Henderson<br>

Bobby: Your Honor this seems like harassment. The police are frustrated after loosing Mr. Stanton so they hatch a conspiracy theory between Mr. Stanton and the Officer who searched the trunk without any new evidence what so ever, as far as I can tell on the incident report. <br>

Judge: I have to admit Miss. Gamble I'm a little curious<br>

Helen: We have new evidence Your Honor I have an audio tape I'm happy to play for the court<br>

Judge: Let's hear it<br>

Helen turns on tape<br>

Bobby on tape: Lindsay, call me as soon as you get this. I just saw our little friend Pierce Stanton going in to Officer Henderson's I think they pulled off the perfect crime<br>

Helen: That was attorney Robert Donnell talking to attorney Lindsay Dole. We then went to Miss. Henderson's home and found Miss. Henderson and MR. Stanton together<br>

Bobby: First of all that tape was a private message from me to Miss. Dole<br>

Helen: Mr. Donnell is not the defendant ha has no standing to assert 4th amendment arguments<br>

Bobby: Second, its work product lawyer to lawyer<br>

Helen: This isn't work product it doesn't involve strategy<br>

Judge: How did you get this tape? <br>

Helen: Lindsay Dole's my roommate Your Honor I pulled it off her answering machine<br>

Lindsay: Which is an invasion of privacy<br>

Helen: You're not on trial here they are and they can't argue an invasion of your privacy as a defense. <br>

Bobby: I still maintain its work product<br>

Helen: The case was over doesn't apply<br>

Judge: Quiet, am I to understand that these two orchestrated that unconstitutional search of the trunk? <br>

Helen: Yes your Honor their lovers he kills the wife, she is a police officer illegally searches the trunk, the body and the confession are thrown and of course it would be nearly impossible for the police to build a case independent of search and confession. End result they get away with murder<br>

Judge: Aren't we clever<br>

Bobby: Your Honor that phone message should not be allowed in! <br>

Judge: Mr. Donnell I had no choice but to set your client free the last time but here I am very much in charge. As Miss. Gamble pointed out your client has no standing to assert your privacy rights nor do I find your little phone message to fall within work product. The charges stand they will be held without bail and that is that.<p>

Cut to Helen, Lindsay and Bobby bursting into Helen's office<p>

Helen: I don't want you hear it get out of my office<br>

Lindsay: Were not getting out until you look me in the eye... <br>

Helen: I am looking you in the eye. I wasn't about to let those two murderers go free. I dint think it was going to jeopardize our friendship I thought out friendship was stronger than that. <br>

Bobby: It was a private message<br>

Helen: And if the stakes weren't so high<br>

Lindsay: Come on Helen you of all people<br>

Helen: You of all people what> Was it a violation of trust? Maybe it was again in the scheme of things… and you, you traded on inside information with me last year too much more tragic results. I can't believe you can be standing here complaining at all. Did you think I was going to sit on that information because you're my friends?<p>

Cut to D, Y, D &F<p>

Eugene: Come on I'll buy you a beer<br>

Jimmy: I got a little more work to do<br>

Eugene: There nothing else you can do Jimmy<br>

Jimmy: No I've done enough already. I should have listened to you, maybe that kid<br>

Eugene: that kid wasn't going to survive staying quiet we both know that he was a murderer lets not forget it<br>

Kittleson enters<br>

Eugene: I'm going to head home need me call ok<br>

Jimmy: Ok<br>

Kittleson: It's so easy to play if I'd just done that, if had only said this, you'll lose that game jimmy. I put killers back on the street only to see them kill again. You can only be true to yourself and trust that<br>

Jimmy: No, you can only be true to the rules. You put killers back on the street because the rules of law told you to. The rules here they said honor privilege. I broke the rules and now a kid is dead and my client… I don't have any system to cling to<br>

Kittleson: You saw a terrible situation and tried to improve it, cling to that<p>

Cut to Bobby's apartment Bobby and Lindsay are in bed Bobby is working Lindsay is reading a book<p>

Lindsay: What if we get sued for malpractice? You think about that? <br>

Bobby: by a murderer? Yes I'm sure the Jury will award huge damages<br>

Lindsay: Maybe we can suppress the tape as hearsay<br>

Bobby: Doubt it, declaration against maybe even res gestae it'll get in<br>

Lindsay: What were you thinking anyway? <br>

Bobby: Lindsay<br>

Lindsay: Don't Lindsay me<br>

Bobby: What are you going to attack me now? <br>

Lindsay: Yes because it was a stupid thing to do<br>

Bobby: I'm not even listening<br>

Lindsay: You know Helen retrieves my messages for me ever since I've been staying here, I call her to get them since I cant call it myself… Oh my god. You know Helen retrieves my messages for me, that phone call was for Helen<br>

Bobby: You don't know what you're talking about<br>

Lindsay: Bobby Donnell<br>

Bobby: Lindsay just read your book<p>

The End <p>