波士顿法律 剧本1

Privilege

Original Airdate: September 29, 2002

Written by David E. Kelley. Directed by Dennis Smith ? Courtesy of The Practice 2000 Homepage. Transcribed by WhyDee

Transcriber's Notes - 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.

Eugene's office. Eugene is at his desk staring out into space. Ellenor walks in

Ellenor: They're bringing her in.

--

Courtroom

Judge: Mr. Walsh.

Walsh: I have nothing your honor, other than to remind the court that the crime Miss Dole was convicted of is murder. Taking a human life is not only a crime against that life, but a crime against law, humanity, the common wealth, and we feel the statutory sentence is appropriate.

Judge: Mr. Young.

Eugene: Your honor, we would ask the court at this time to convert Miss Dole's conviction from first degree murder to voluntary manslaughter.

Walsh: Commonwealth opposes.

Eugene: You have before you the psychological examinations done by both the commonwealth and the defense, which all conclude that Miss Dole's state of mind was severely compromised at the time she committed this crime. The court can also take judicial notice of the facts. Miss Dole did not act with any aforethought, there was no premeditation, her own husband was in the line

of fire. Now while the jury was certainly free to reject the defense of legal insanity, Miss Dole's actions just as certainly fall within the scope of heated passion. A killer came to her door, threatened her, and she reacted. Your honor can and should find that Miss Dole committed her acts while under the influence of extreme mental and emotional disturbance, for which there was a reasonable excuse. This was the classic definition of manslaughter, not murder one, not murder two, but voluntary manslaughter. This verdict is contrary to the evidence, it is contrary to the law, and I would respectfully request that you adjust the verdict to the appropriate degree.

Walsh: The jury heard testimony of how Miss Dole threatened to kill the victim the very day of the shooting. Those were her words. The jury heard Miss Dole's voice on the phone, evidencing a calm demeanor, no passion whatsoever, seconds before the shooting. Personally, I've never even seen manslaughter with a gun. Manslaughter is usually a fist, a vehical, a fight, sometimes a stabbing, but when a woman retrieves her purse, retrieves her handgun from the purse, shoots the man who is standing by the door, that's not manslaughter, and I will remind the court of something you already know. You are not entitled to just simply substitute your judgement for that of the jury's, you can only override the first degree conviction if you find there's no reasonable basis for it. Here, you cannot make such a finding. As such, I respectfully request that you allow the jury's verdict to stand.

Judge: Miss Dole, do you have anything you would like to say?

Lindsay: I would like to express my condolences to the family of Lawrence Mandle. I would also like to assure the court... the lack of remorse I seemingly demonstrated in my phone call to the police that night... was more product of my shock than the person I think and hope I am. I took a human life. I had the opportunity to retreat, I didn't do so. I accept responsibility for a homicide conviction, I committed a homicide, but given my shock and my fear and the underline trauma I

experienced in past assaults against me, my state of mind was severely compromised, and my crime is more consistent with voluntary manslaughter. Thank you.

--Commercial--

DYDF room. Rebecca, Ellenor, Bobby, Eugene, and Jimmy are sitting down at a table.

Rebecca: Did he say when he would rule?

Bobby: No.

Jimmy: It's good he took it under advisement.

Bobby: But bad he wouldn't let us call witnesses. Ugh, what is with the heat?

I thought you said it was getting fixed.

Rebecca: It is, it should.

Ellenor: What the hell is wrong with this.

Rebecca: What, do I look like a plumber?

Ellenor: A plumber fixes water Rebecca, tell me you didn't know that. Rebecca: You want to get off my back?

Ellenor: What happens when your toilet clogs, do you call an electrician? Rebecca: My toilet never clogs Ellenor, do you have that problem? Ellenor: What is that supposed to mean?!

Rebecca: Not a thing.

Ellenor: Not a thing?

Rebecca: Only you seem a little edgy.

Bobby: Ellenor, you do seem a little on edge.

Ellenor: I'm hot!

Bobby: Fine, it'll all be fixed today.

Lucy walks in

Lucy: We got a walkup. Anybody?

Bobby: Jimmy.

Jimmy: I took the last one.

Rebecca: No, I did.

Jimmy: What about you, Ellenor?

Ellenor: I have Jaime Stringer at 8:00, who by the way, you called back.

Jimmy: Not just me, Eugene liked her.

Bobby: Just take the walkup.

Jimmy: It's always me.

--

Jimmy gets up and goes to another room with Lucy, Melissa Halpert, and Joey Halpert

Lucy: Jimmy Berluti, Melissa Halpert.

Jimmy: Hi

Melissa: Hello, this is my daughter Joey.

Jimmy: Nice to meet you.

Joey: Nice to meet you.

Melissa: Is there a place we can speak privately?

Jimmy: Of course.

--

In another room.

Melissa: I told my daughter that this was about insurance and so forth, but... that isn't it. First I need to know that what I tell you will remain confidential.

Jimmy: Absolutely.

Melissa: I wanted you to meet my daughter for I guess... some perspective.

16 years ago... I kidnapped her. I was into drugs, and I got this insane notion that having to take care of a child would be kind of a lifeline... I just grabbed her out of a hospital when she was a newborn, and I've been raising her ever since.

Jimmy: Does your daughter know?

Melissa: No, and it's imperative that she never find out, it would destroy her. I also have two small children, a family, if this ever got out many lives would be destroyed.

Jimmy: So... why are you here?

Melissa: Um.. I was looking at a magazine article (hands Jimmy a magazine article) about two lives that have been destroyed. The birth mother and the woman they accused of stealing Joey.

Jimmy: Another woman was convicted?

Melissa: No, they never pressed charges due to lack of evidence, not evidently a cloud of suspicion followed her and the irony is she went into the same drug problems that I was looking to escape.... I don't want to turn myself in. It isn't an option, but two things in this article; the birthmother, she says the horror lives on everyday of not knowing what happened,

whether the daughter is dead or... she said that if she could just know that her daughter was alive somewhere, just happy, and for the woman was accused, she said if just one person could know she was innocent, even one.... I would like you to go to the birth mother and tell her how happy and safe her daughter is... and then I would like you to go to the woman that was accused and tell her you know she's innocent. I have two money orders (pulls out two envelopes) each in the amount of

$70,000, if I had more, I would pay more. Can you do this for me, Mr. Berluti?

(Jimmy stares)

--

DYDF, Ellenor is interviewing Jaime

Ellenor: Obviously your academic credentials are superb.

Jaime: Thank you.

Ellenor: But I have to say, I'm curious, with the offers you're getting... why here?

Jaime: Those offers are all civil. The only thing I've ever wanted to do is criminal, and this firm is criminal. I've been court bucking your guys for

two years. I was at the Lindsay Dole trial every day, I almost cut a final.

Ellenor: Really? Any tips, we could use some pointers on that one.

Jaime: Are you serious?

Ellenor: Well... sure!

Jaime: Well I'm sure I couldn't say anything you haven't already thought about.

Ellenor: Just for fun, why don't you throw it out.

Jaime: Hehe... feels like a test. Um... I thought it was a mistake to go with battered woman. It may be a viable theory technically, but jurys pretty much reject the abuse excuse, it seems desperate. I felt you cut your legs off at the top.

Ellenor: What else were we supposed to argue?

Jaime: Straight self defense. Wink wink. It would've amounted to jury nullification, but here's where I thought you really dropped the ball...

(notices Ellenor looking pissed off)

I'm sorry, I-I don't mean to

Ellenor: No, go ahead.

Jaime: What you did was characterize Lindsay as crazy, you know, she snapped, she was outside of herself, she lost control. The problem is, juries don't like to free nutsos. Instead of depicting her as aberrant, you should've portrayed her as every woman, you know who wouldn't have pulled the trigger if a guy comes to her house!

Ellenor: We sort of did that.

Jaime: Not enough, you didn't. You basically argued, we can't know what it was like to be her, she was in a different place, but what I would've done is put the jury in her shoes, right in that place! the worst you get is a hung jury.

(Ellenor's look makes Jaime nervous)

My eyesight's always 20/20... I-I know....

--

Jimmy is in front of the house of Sally Burnes. He rings the doorbell. Sally answers.

Sally: Hi.

Jimmy: I'm looking for Sally Burnes.

Sally: I'm Sally.

Jimmy: My name is James Berluti.

(Speaking slowly)

I uh... represent the individual who kidnapped your daughter 16 years ago. I'm not at liberty to divulge this individuals name, but this person hired me to communicate to you that your daughter is safe and happy. This individual continues to parent your daughter. The individual feels great remorse for all the pain

caused to you, and sends to you this money order in the amount of $70,000. The individual wants you to know that he or she is very sorry for hurting you.

(Jimmy hands Sally the envelope and walks away, Sally just stands there, shocked.)

--commercial--

DYDF room. Ellenor, Eugene, Jimmy, and Rebecca are in.

Eugene: What didn't you like about her?

Ellenor: I don't know. I just didn't.

Eugene: Did you see the transcript?

Ellenor: Yeah, her grades were great, that's why we interviewed her, but the purpose of the interview is to see if we liked her, and I didn't.

Eugene: Rebecca, I want you to interview her.

Ellenor: Why? Hiring is supposed to be unanimous, if I didn't like her-

Eugene: We're also supposed to have a group discussion, Rebecca is part of the group, she needs to interview her.

Jimmy: I thought she was great.

Ellenor: Yes, all the men think she's swell.

Eugene: Why are you so testy?

Helen walks in

Helen: Hey.

Eugene: What's wrong?

Helen: What, I can't just pop in to say hi?

Eugene: What's wrong?

Helen: Jimmy, police got a call from a woman named Sally Burnes last night.

--

Helen and Jimmy another office room

Helen: You had to know she'd go to the police.

Jimmy: So what? It's attorney-client.

Helen: Not necessarily, the crime is ongoing.

Jimmy: What crime?

Helen: The kidnapping, the individual still has her, the crime is ongoing Jimmy, which means you can reveal.

Jimmy: Helen, I'm not going to tell. You know I'm not going to tell. Helen hands him some papers.

Jimmy: What?

Helen: I'm going to get a judge to force you to tell.

Jimmy: No judge is ever-

Helen: I think you're wrong. We already know who she is. Bernice White, 56 years old, works as a waitress at the King

Street cafe, we'll get her one way or another. If she comes forward and cooperates, I'll give her three years. You have 24 hours.

Helen leaves--

Office room with Jimmy, Eugene, and Melissa

Melissa: You can't tell, you gave me your word!

Jimmy: Melissa.

Melissa: I didn't even want you to tell him!

Jimmy: He's a lawyer here, the privilege extends to lawyers.

Melissa: And now you're breaking the privilege!

Eugene: Nobody's revealing your secret.

Melissa: What are you telling me?

Eugene: The DA is trying to force us to reveal your identity, if she is successful-

Melissa: Oh my God.. oh my God!

Eugene: Melissa, you need to calm down here.

Melissa: I just wanted to help those people, I did not want to risk jail!

Eugene: I can leave the room and come back later, or you can calm down and listen to me now. We are not going to give up, you need to be aware... Melissa, I need your full attention now. You asked Mr. Berluti to contact the woman accused of the kidnapping.

Jimmy: Which I've been trying to do, but I haven't got her yet.

Eugene: It is our opinion that we should no longer try to contact her, and here's why. They still think she's it. If we contact her, we'd affectively be telling the police, it's not her, could be anybody. For your protection,

it's best that she remains a suspect. I know you wanted to help, but there's too much risk involved.

Melissa: Okay.

Eugene: I also wanted to open up a bogus file for you, on the chance that the police are watching this building to see who goes in and out, and the chances are good they are. I want a file explaining your presence here, we can create something under a state plan.

Melissa: I have small children, I cannot go to jail!

Eugene: Melissa, we are not going to let that happen.

--

Lucy in DYDF office. Jaime walks in.

Jaime: Hi.

Lucy: Hi, Rebecca will be right with you.

Jaime: Thanks! I can't believe I even got called back.

Lucy: What happened?

Jaime: Well, my mouth tends to disclose what I think sometimes, and, well I may have offended Miss Frutt.

Lucy: Ah, don't worry about it. I offended them when I walked in the door and I didn't think I'd last a week. That was four years ago.

Rebecca walks in

Rebecca: Hi, Jaime?

Jaime: Yes.

Rebecca: Rebecca Washington.

Jaime: Very nice to meet you.

Rebecca: You too, we can go in here.

Ellenor walks by.

Jaime: Miss Frutt, hello!

Ellenor: (coldly) Hi.Jimmy walks by

Lucy: Oh Jimmy, this is Bernice White, she says that you've been calling her.

Jimmy: (shocked) Yes... yes.. James Berluti, thanks for coming.

Bernice: What's this about, did I inherit something?

Jimmy: Actually, we thought you did, but it was another Bernice White. I'm very sorry.

Bernice: What'd she get?

Jimmy: I'm sorry?

Bernice: This other Bernice white, what'd she inherit?

Jimmy: Oh nothing, just a few hundred dollars.

Bernice: You made it sound like a lot more than a few hundred dollars.

Jimmy: Again, I'm sorry.

--

Ellenor sitting down with her head in her hand in a room. Bobby walks in.

Bobby: What's wrong?

Ellenor: Nothing. What's wrong with you?

Bobby: (sits) Nothing.

Ellenor: So here we are. Two people with nothing wrong. (pause) Did I blow it?

Bobby: Blow what?

Ellenor: Lindsay's trial.

Bobby: Ellenor...

Ellenor: That stuff with you never should've come in.

Bobby: You objected.

Ellenor: I objected once, for the record I should've shut it down!

Bobby: Look

Ellenor: Abuse defenses statistically are losers.

Bobby: We had to have something.

Ellenor: Battered woman syndrome is desperate, even a third year law student knows that.

Bobby: This was a team defense.

Ellenor: But I tried it! I was the one up there. Come on! A serial killer with a restraining order, how could I not win? We

have all won with much, much less!

Bobby: Where is this coming from?

Ellenor: That little slut Rebecca is interviewing... she picked me to pieces... and she was right. We focused the jury on Lindsay being crazy when we should've argued how reasonable she was... how could I have not seen it?

Bobby: None of us saw it.

Ellenor: Why? How could we all-

Bobby: I think Lindsay was desperate to believe she snapped, she was desperate to believe she was crazy, Ellenor... so we became desperate to help her believe it. You didn't pull the trigger, Ellenor.

Ellenor: It's good talking to you Bobby. You remember, years ago, we used to come here at the end of the day, and... we'd just talk.

Bobby: What happened?

Ellenor: I don't know. You have become a bit of an island, Bobby. You don't turn to others, even in times you need it.

Bobby: I try to be there. For her. For all of you.

Ellenor: That's not it Bobby. You're there when we need you, but sometimes we get desperate from time to time... for you to need us.

--Commercial--

Sally and Helen in Helen's office.

Helen: It's a very tough thing we're asking for, attorney-client privilege-

Sally: He knows where she is, she's alive Miss Gamble, and he knows-

Helen: Sally, you have to understand. Legal Ethics and morality are two different things, sometimes they fly into absolute face of each other.

Bobby walks in

Bobby: Helen... I'm sorry, can I talk to you for a second?

Helen: I'm kind of in the middle of something.

Bobby: Please.

Helen: (to Sally) Could you give me a minute?

Sally leaves.

Bobby: Look, I'm not going to try to fight you on the merits of what you're trying to do here.

Helen: Good

Bobby: But I'm asking to hold off. If it gets out our firm is helping a kidnapper... Helen, you know the fallout. It might not necessarily affect Lindsay's disposition, but we do not need Judge West getting angry at us about something else.

Helen: I doubt this will have any bearing on Lindsay's fate.

Bobby: But the possibility it could. Please.

Helen: When's he supposed to rule?

Bobby: 11:00.

Helen: I'll push my motion to this afternoon.

Bobby: Thank you... thank you.

--

Ellenor, Eugene, Rebecca, Jimmy in DYDF office.

Eugene: Bobby liked her, as do I, and Rebecca and Jimmy. What exactly bothered you about her?

Ellenor: I don't know. She seemed perky, suck-uppy, arrogant.

Rebecca: Perky, suck-uppy, arrogant.

Ellenor: Maybe it's that Harvard thing.

Rebecca: Look, given our current state of things, the Harvard grads aren't exactly flooding us with their resumes

Ellenor: You didn't find her a little slutty?

Rebecca: Slutty?!

Ellenor: Yeah, she's got that giggly flirty thing.

Rebecca: So now she's a perky, suck-uppy, arrogant slut?

Ellenor: Look, I'm sure she's a great person, she's obviously very smart, I just didn't get a great hit, that's all.

Eugene: Well, seeing as the rest of us did, and we need to hire... I vote we extend an offer.

Rebecca: Me too.

Jimmy: Me too.

Ellenor: (pause) Okay.

Lucy walks in

Lucy: Quarter to 11:00.

--

Courtroom for Lindsay's sentence. In the back shows Lucy, Rebecca, Jimmy, and Helen.

Judge: First let me state for the record my disfavor for the legal games we play. For the defendant to argue diminished capacity, then to lose, then to march into sentencing claiming it was manslaughter, it strikes me as a disingenuous attempt to have two bites at the legal apple. That having been said, I am required to consider this second bite. And as I view the evidence, this case was a finding of voluntary manslaughter more than murder one. Had I been sitting on the jury, I most certainly would've voted that way. But I am not a juror in this case. I'm the judge. And as the prosecution correctly points out, a judge can only overturn a verdict if he find no reasonable basis for it. I can't make that leap. I therefore uphold the verdict. Miss Dole, you have been convicted of murder in the first degree. I am bound by the statue to send you to the framing ham correction facility for the remainder of your natural life. (chatter goes around) We are adjourned.

Eugene: We have strong issues, Lindsay, we have strong grounds. We go before the state supreme next week. We are going

to get you out. Everyone looks unhappy.

--

Rebecca, Ellenor, Jimmy, Eugene, and Lucy in DYDF room at their desks. Phone rings, Lucy picks it and hangs it up. Bobby walks in.

Bobby: She's holding out. She's going to be transferred tomorrow night, I'm going to be with her until then. Ellenor and I were talking last night... and she thought it would be a good idea for me to lean on all of you a little more... personally. I think I'll probably be doing that.

(leaves in another room)

Eugene: Jimmy, we better go.

--

Bobby in another room, Rebecca walks in.

Rebecca: We will survive this. You'll survive this, and Lindsay will survive this.

Bobby: I know.

Rebecca: Bobby, I know you know. Factuals and legals aside, the emotional undercurrance of a case play a part, the jurors, the judge, even supreme court justices, you know that better than anybody, right? Bobby look at me.

(Bobby looks at her)

Give me this appeal. I'll bring your wife home. (They hold hands)

--

Helen and Jimmy in a courtroom

Helen: The identity of the client has never been privileged, your honor.

Jimmy: It has, when the discloser of the identity would incriminate the person criminally.

Judge: Hold on a second, Mr. Berluti, assuming your client enjours privilege, so what? We've got a crime here, a person has

been kidnapped, she could be in severe physical danger.

Jimmy: She's not in danger.

Judge: Says who, the kidnapper?

Jimmy: I've seen her, she's healthy-

Judge: Careful, council, you're about to make yourself a witness.

Helen: Your honor, as you correctly imply, this is an ongoing crime. Mr. Berluti has knowledge as to who has the victim.

Jimmy: This is a past crime, it happened 16 years ago.

Helen: It happens every day, the girl is still being held.

Jimmy: She's not being held, she doesn't even know she's kidnapped. My client has been her parent-

Helen: Oh come on! If a kidnapper went to a lawyer for the purpose of eluding capture, there is no doubt we would consider that an on-going crime.

Jimmy: That's not what's going on.

Helen: Are you sure? She says she wants to help the victim, maybe she's clever. Maybe she's using you to check the status of the investigation.

Jimmy: She's not doing that.

Helen: You say so, we don't know. The point is, it shouldn't matter. Sally Burnes' daughter is still out there, in the hands of the person who took her. That's present tense, you're honor. This is an on-going case, attorney-client privilege-

Jimmy: Even if she's right, that would give me the choice to break privilege, it would not incure an obligation on my part to do so.

Helen: If a person is in danger-

Jimmy: I have no knowledge or belief that any bodily harm would ensure. I don't have to break privilege, and I won't. And I submit to this court, in closed cases, and this would be one, the doubt has to be resolved in favor of the client. If not, what are we left with? We can't have clients thinking privilege is vulnerable. Murderers get that privilege. Rapists, hijackers, they all get that privileged. Kidnappers do too.

Helen: Your honor, I prefer to focus on the rights of the kidnapped victim here, who is still suffering-

Jimmy: She's not suffering.

Helen gives Jimmy a dirty look.

Judge: Alright. Miss Gamble, from a moral stand point, I'm with you. Miss Burnes, speaking as a mother, I can certainly feel for you. But as a judge, I have to side with Mr. Berluti. Attorney-client privilege is sacrosanct and is paramot to our system of justice. The commonwealth's petition is denied. We're adjourned.

Sally: How can you do this?

Eugene: Ma'am.

Sally: She has my daughter, how can you do this?

Eugene: Miss Burnes.

Sally: You have no conscience!

Helen: Okay, Sally.

Sally: I want my daughter back!

Helen: Sally.

Sally: I want my daughter!

Jimmy looks uncertain.

--

Jaime and Sally in an empty hallway

Jaime: I would've thought they'd be open by 9:00.

(Sally says nothing)

Are you a client?

Sally: No. Are you?

Jaime: Oh no, I'm a lawyer. Actually, hoping to get a job here. They keep bringing me in for all these callbacks, I'm about to pull my hair out!

Sally: Is this considered a good place to work?

Jaime: Oh excellent, it's one of the top three criminal practices in the state.

Sally: This is the place to come if you're a criminal, huh?

Jaime: ...well that's one way of looking at it I guess.

Jimmy walks in, Sally walks to him

Sally: I'm a pretty good judge of character, Mr. Berluti, and you strike me as a decent man.

Jimmy: I can't have this conversation.

Sally: Do you believe in God, Mr, Berluti?

Jimmy: I represent a person with interests contrarily to yours. It would be unethical for me to have any conversation with you.

Sally: Can you tell me... what my daughter looks like?

Jimmy: No.

Sally: (about to cry) Can you tell me... if she's a good person?

Jimmy: I don't really know her, but she struck me as an excellent person. Sally leaves, Jimmy

and Jaime look disturbed.

--

Bobby and Lindsay in Lindsay's cell

Lindsay: Rebecca?

Bobby: Eugene and I talked about it, we both agree. She probably exempts the most moral, integrity, I think passion too. Our grounds are good, but we're not going to get it unless the justices for some reason want us to, so I think Rebecca's passion is our best strength.

Lindsay: Okay.

Bobby: Listen I thought about... bringing Bobby here to say goodbye, but I didn't want him to see you all shackled ....

Lindsay: Yeah. When?

Bobby: Two. After his nap.

Lindsay: Okay. (Panicking) I'm never going to get out am I Bobby?

Bobby: Of course you will.

--

Eugene, Jimmy, Rebecca, Ellenor, Lucy, and Jaime are in DYDF office

Jaime: I got the job?!

Rebecca: Congratulations.

Jaime: Oh, I don't believe it! (to Ellenor) I was so sure I offended you. Ellenor: Me? Get out of town.

Jaime: When should I start?

Eugene: When can you start?

Jaime: Hello, how about yesterday, does yesterday work for you? (laughs) Lucy: I think she's excited.

Jaime: Oh God, I need to call my parents!

Jaime walks off, Burnice walks in

Burnice: What's going on?

Jimmy: Miss. White

Burnice: No, never mind that.

Jimmy: What's wrong?

Burnice: What's wrong? First you call me saying it's really important that we meet, and then I see you on television concerning the crime I've been suspected of for 16 years, so I'm asking you again Mr. Berluti, what the hell is going on?

Helen, Mike, and two policemen walk in...

Mike: Miss. White, place your hands behind your back.

Bernice: What?

Mike: You're under arrest for kidnapping.

Jimmy: Hold on a second.