In criminal trials, when a prosecutor engages in misconduct such as misleading the court about witness availability or conspiring with law enforcement to introduce inadmissible evidence, the court has the authority to dismiss the case with prejudice to prevent further prosecution, even when the evidence against the defendant appears strong, as the integrity of the judicial process takes precedence over individual convictions.
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[NEW] The Practice Season 2026 Full Episode | S02E27 | Rhyme and Reason | Best Crime SeriesAdded:
I'm not sure how I'll react on the witness stand.
>> Patricia, I know you can do it.
>> Mr. McIntyre would.
>> He was like an uncle to me.
>> This man killed your father.
I don't want to sound flip, but that isn't much of an uncle.
>> But you said that he was linked to organized crime. You said that he's he's killed before.
>> And I've tried convicting him once before. So, I'm taking a real personal interest in this case, but you have to remember the judge ruled McIntyre's prior inadmissible.
The jury can't hear about his record.
Look, there's something else we should discuss.
One of our witnesses, the better of the two, just left town.
Her mother's in critical condition after a car accident in Florida. meaning >> well if we're unable to get her back in time we'll be depending even more on your testimony as well as the testimony of the other witness Charles Rossy >> Mr. Rossi.
>> Charlie's good enough.
>> Bobby Donald, >> appreciate you coming in. Please sit down.
>> It's been a long day. I'll get straight to it. We've been trying to get a hold of you for over 2 months. Suddenly, you call out of the blue and ask to see us right away. What's going on?
>> I'd never been asked to be a witness in a trial, so I didn't know what to do.
But the guy I fingered for the murder, he didn't do it.
What do you mean didn't do it?
>> He's not the guy. Look, I originally picked him out of a bunch of photographs and I was wrong.
And how did you come to realize this?
>> Today's newspaper. I saw McIntyre's picture. The guy that night, he looked different.
>> Did you tell the district attorney?
>> No.
I wasn't sure where to go.
You are the ones representing McIntyre, right, Mr. Rossy? Charlie, you testified before the grand jury that you saw our client leaving the scene of the crime. Now you're telling me that you were mistaken? What's it say you won't change your testimony tomorrow when you take the stand?
>> Mr. Donald, this guy McIntyre didn't kill anyone here. And I don't think someone should go to jail for something they didn't do.
What do you think? I think we don't look a gift horse in the mouth.
How about getting a statement?
>> Not on our client's life. We'd be obligated to tell the DA.
This is Michael McIntyre's lucky day.
Heat. Heat.
Heat. Heat.
We have been over this. I want to take the stand.
>> You do that and your record could come in.
>> I don't care.
>> You should care. You were tried once for killing your former business partner and now you're on trial for killing your current business partner. Even though you were acquitted, there's a chance the judge would let the prosecution ask about it.
>> Jimmy's right. We do not want to open the door on prior bad acts or pattern evidence.
Look, there is good news. One of their witnesses, a man named Charles Rossy, came to our office last night and told us he misidentified you.
>> Thank God.
>> Don't get too excited. The prosecution still has another witness.
>> Well, didn't they just lose half their case?
>> Michael, we need to ask.
Any idea why this witness is backing off his ID?
>> You think I threatened him?
I'm sitting in prison. As officers of the court, we can't get involved in any kind of conspiracy to threaten a witness.
>> Look, I hung with the wrong kind. I made some big mistakes. But I haven't been connected to any of that in years.
>> Then why would he come to us instead of the DA?
>> How do I know? I don't know. For the last time, I didn't threaten anyone.
>> Okay.
>> No, it's not okay. I need to know that you're going to be there fighting for me.
>> Michael, you hired us to do a job.
We'll do that job.
I just want to make sure that you're comfortable with me.
>> Philly, what happened?
I was walking past this jewelry store and I saw the most beautiful watch. I I I couldn't help myself.
>> You've never done anything like this.
You scalp tickets. You run poker games.
>> I know. I know. But the watch, I mean, it was a Brightling Chrono. Shiny gold plate, three dials, the whole deal goes for too large.
>> And you thought you'd just waltz out of the store with it?
>> The salesman was busy with another customer. I thought I could outrun him.
And what's with the written statement?
>> The cops caught me half a block away with a watch in my pocket.
>> Philly, this just doesn't make sense. You're not a thief. I know you.
>> I got desperate. I needed the money bad.
So, I did something stupid.
>> Grand lararseny. Pretty stupid.
You may not get out of this without some time.
>> How much time? if we go to trial more than if we plead. But I don't mean just a couple of months at a corrections house. We could be talking years at Walpole. And at your age and your condition, >> I'll do all right. You don't worry about me.
>> Philly, are you okay? You don't look well.
>> I'm just I'm just scared, that's all.
>> Don't worry. I'll get to work on this.
As you can see, I'm a little buried at the moment. Just 2 minutes. Phyis Sidlo, Grand Larsenying, >> right? Um, we need to talk.
>> Good, because there's no point going to trial. Phil is an older guy. He's harmless. All his priors are misdemeanor tickets.
>> Scalping.
>> Hold on. Um, the watch your client lifted.
We lost it.
>> You lost it?
>> Somewhere between booking and the evidence room, it disappeared. You know, quite frankly, I would like to check the wrists of every cop in Boston.
>> Then you got no case. Don't tell me a jury will convict one. Wait, Lindsay, your guy confessed.
>> And I'll argue that he was suffering from early dementia and didn't know what he was confessing to.
>> Jean, come on. You've lost the evidence and you obviously have bigger fish to fry. Please, favor Bank.
I'll owe you. I'm serious.
>> All right. I'll plead it to Petty Larson. Time served.
>> He walks now.
>> Yes, but you do owe me. I'm serious.
>> I was leaving the school around 8. I'm a custodian at John Adams. I was walking down Holden on my way to the bus when I saw this guy coming out of the house.
>> Did you get a good look at him?
>> Yeah, I did.
>> Do you see the man here in the courtroom?
>> No.
>> Mr. Rossi is the man you identified for the police and the district attorney present today in this courtroom.
>> The guy I identified is sitting right over there. But what I'm trying to tell you is that's not who I saw running that night.
>> Mr. Rossi, did you or did you not testify in front of the grand jury one month after Mr. Hayden's murder?
>> I did.
>> While in front of the grand jury, were these your truthful responses?
Question: Is this the man you saw running from Mr. Hayden's house? Answer: Yes. Question: Are you sure? Answer: 100% sure. Now, Mr. Rossy, were those your responses?
>> Yes.
>> Do you remember sitting in my office 2 days ago discussing this case?
>> Listen, I saw Mr. McIntyre's photo in the newspaper yesterday morning and he just isn't who I saw that night.
>> That night you were 5 ft from the suspect on a well-lit street. Now you are changing your mind after seeing a black and white newspaper photo.
>> Yes.
>> Did you discuss with anyone your appearance here today?
>> I talked to my sister and Mr. Donald and Mr. Bruty.
>> You told defense council but not the prosecution. Their names were in the paper along with McIntyre. I thought they should know.
>> Mr. Rossy, were you paid to change your testimony today?
>> No.
>> Were you threatened into doing so?
>> No. Why don't you understand? You people got the wrong guy, and I'm just trying to do the right thing.
>> Your honor, I have nothing further for this witness. People reserve the right to recall.
>> Very well, then. We'll reconvene in the morning.
What the hell was that?
>> How do I know? Two days ago, the guy was completely on board, but now he's either confused or scared.
>> He was reached by McIntyre, damn it. And you couldn't pull him back. Yesterday, we had two witnesses who could make McIntyre. Today, one's pissed back on us and the other one's in Florida. For God's sake, I want you to get a material witness warrant and have the Florida sheriff pick that woman up now.
>> I've already threatened her with that.
She says if we follow through, she won't talk at all.
>> How bad is her mother?
>> Day to day. Who knows?
Listen, I know you've never fully recovered from the earlier case when McIntyre >> Where's Rossy now?
>> We've still got him. He's outside.
>> Get him in here.
They lost the watch.
>> Somebody at the police station must have cuffed it.
>> Then what? I'm looking at a couple of months.
>> Philly, they pled it down to a misdemeanor.
You don't have to serve any time.
>> But I cop to it. I confessed.
>> You're not understanding me. Once the police entered, the case is over.
>> I was just This This threw me for a loop is all. I mean, here I was. I was thinking Wallpole and uh you you gave me a second life. I appreciate you getting me kicked.
>> You dodged a bullet.
>> Stay away from this kind of thing. Okay.
>> Yeah. Yeah.
What are you talking about? Why would I need a lawyer?
>> Perjury carries a maximum sentence of 20 years. Mr. Rossi, >> what perjury? I made a mistake. That's all.
>> We don't think so.
>> Are you going to arrest me? Cuz if you're not, I'm leaving.
>> Sit down.
>> I don't have to stay if you're not going to >> sit down and shut up.
You think you're smarter than me. The prisons are full of guys who thought they were smarter than me. I'm the chief prosecutor for the DA, and that means I have the authority to do whatever I want.
You just screwed me over in this case.
And if McIntyre walks because of it, I'm going to take that very personally. And here's what'll happen. First, I'll open a grand jury investigation and I'll subpoena everyone who hates your guts.
And when I'm through with them, you will be indicted for perjury and obstruction of justice. Then I'm going to convict your ass and personally recommend the maximum sentence be doubled. And off you'll go to the toughest prison in the state where I'll see to it that you're thrown into the general population for the length of your term.
Whatever weight you're feeling from the other side, it's nothing compared to the load I'm going to bring.
Mr. Rossy.
>> Okay.
Well, >> let me think about it.
>> You have 7 hours. If you need protection, we'll give it to you.
>> And I'm sure you'll do uh how did you put it? The right thing.
>> Yeah.
>> Can I go now?
>> Sure.
>> Hope this works.
It better.
>> How you doing?
>> I'm missing a three-hour lecture on Chower.
Ah, >> wife of Bathtail is the best. It's the bodiest one.
You're going to do great up there.
I know it didn't go well yesterday, but I'm ready to testify, Miss Gamble. I am really ready. I know >> Mr. McIntyre was my dad's business partner. They owned three body shops together for almost 5 years.
>> How would you characterize their relationship? It started off fine, but just before my dad was killed, he told me that >> Objection hearsay.
>> Sustained.
>> Patricia, did you ever overhear the defendant threaten your father?
>> Yes. Two days before he was killed. I came home early from school. I went into the kitchen through the back door.
My father and Mr. McIntyre were in the next room arguing.
>> Was it a violent fight?
>> Yes. There was a lot of screaming. I didn't hear everything, but my father was accusing Mr. McIntyre of stealing money and doctoring the books. He said he was going to sue.
>> What did the defendant say?
>> He was really mad. He told my dad that he could go ahead and sue, but that he wouldn't live to see it through, that he'd kill him first.
>> Miss Hayden, tell us what happened the night your father was killed.
>> I came home late.
I went inside and found my father lying on the kitchen floor. There was blood everywhere and he was he was gulping for air trying to breathe.
By the time the EMTs arrived, it was too late.
>> You say your father thought my client was stealing from his business. Did he go to the police?
>> My father always gave people the benefit of the doubt. He had no proof Mr. McIntyre was stealing.
>> So, it's possible there was no theft on my client's part.
>> I only know what I heard that night.
>> When you say Mr. McIntyre threatened your father's life, you believed that was a serious threat, didn't you?
>> Yes.
>> Why didn't you report this serious threat to the police?
>> My father said he wasn't afraid.
>> In fact, you only reported this argument weeks after your father died. At first, the police told me my father was the victim of an intruder, >> but I didn't believe it.
>> Why not? Your house has been burglarized twice in the last 3 years. Isn't that correct?
>> Yes.
>> And 6 weeks before your father died, you called the police to report someone looking in your window. Isn't that correct?
>> My father was >> The police felt your father was killed confronting a burglar until you convinced them otherwise.
>> It wasn't a burglar.
Miss Hayden, I feel for your loss, but isn't it possible that you're wrong about my client?
>> No.
>> There is no direct evidence linking Mr. McIntyre to your father's death. One witness even recanted, admitting he made a mistake.
Isn't it possible you made one, too?
Philly, >> I I got jammed up again.
>> I'm really busy.
>> Oh, I held up a convenience store.
>> Lucy, will you get the Vornbergs some coffee and maybe something to eat?
That'll go over big since you were 40 minutes late starting. Just stall.
Philly, what's going on? What's with you?
>> I told you I need money. I'm desperate.
That wasn't just going away.
>> You held up a store.
Did anyone get hurt?
>> No. I should go to the federal pen for this, right?
>> No, this is a state crime.
>> What's the difference?
>> To get sent to federal prison, you have to commit a federal crime. Robbing a bank. Look, forget that.
>> But how much time am I looking at?
>> Did you use a gun? Uh, it depends.
>> What?
>> Yeah. Okay. I used a gun.
>> When did you do this? Last night.
>> Well, does it make a difference?
>> Philly, you're not making any sense.
>> Lindsay, please just help me out here.
>> Look, if you're in trouble or you need money, maybe I can help, but only if you tell me what's really going on.
>> I'm losing the Vorenbergs. Should I move on to car tricks or balloon animals?
I'll be right there.
>> I need to think about this. Wait, where are you going?
>> I got a call.
>> Philly.
I had a uniformed officer waiting at his place all day, but he never showed.
>> Then we got this call.
>> Shot once in the neck.
Probably bled out in only a few minutes.
>> Witnesses.
>> Yeah, we're canvasing, but neighborhood like this, nobody sees anything.
>> Any leads at all?
>> His wallet's missing.
>> Thanks.
McIntyre did this. Helen, >> I should have convicted the bastard 12 years ago. He wouldn't still be running around killing people.
>> Tomorrow, I'll talk to the judge.
>> I'll be with you.
>> It's not a good idea. You and Will Cox have a history. I don't need you bringing baggage in there.
>> What I'll bring is the full weight of this office. The judge has to respect that.
>> I can handle it. I don't need your help.
>> I'll be with you, Helen. End of story.
>> So, Rossy got himself shot. Isn't that too bad?
>> Do you know anything about this?
>> Of course not.
>> You're not too broken up about it.
>> What? I'm supposed to feel bad? This is the guy that caused me all my trouble.
So, what now?
>> We're thinking this might be the time to reopen plea negotiations. Why? Aren't my chances better now than they were before?
>> Yes, but there's always the risk they find new evidence. And the prosecution still has another witness, a woman who also says she saw you coming out of Hayden's house that night.
>> I still like my chances now more than ever. I didn't kill Rossy. I didn't kill Hayden. and I'm not pleading to anything.
>> Your honor, I move that you declare a mistrial based on manifest necessity for a new trial.
>> You can't retry my client just because your case is falling apart.
>> If in fact a witness is threatened or killed by the defendant, I can declare a mistrial based on manifest necessity and there would be no violation of double jeopardy. We would start a new trial.
>> My client was in custody last night.
>> Your client has extensive criminal connections.
>> Old news and circumstantial. McIntyre could have easily had someone pull the trigger for him.
>> That doesn't make any sense. Mr. Rossy just testified in my client's favor.
>> Miss Gamble and I talked with Rossy after he testified. We believe he intended to reverse direction and implicate the defendant.
>> Well, to be fair, he didn't explicitly say that.
>> I think he did. The defendant was trying to lock in his testimony.
>> Mr. Walsh, I am very troubled by the death of this witness, but at this point, you've shown me no evidence tying the defendant to the murder. Even if I grant your request for a mistrial, I'm afraid it won't stand up on appeal. Do you have any other witnesses?
>> Well, at this point, we intend to call the investigating officer. Then, we hope to call another witness who saw the defendant running from the crime scene.
>> Very well. The case will proceed.
You tied my hands in there. If you hadn't lied about the witness.
>> I didn't lie.
>> Look, now I can't even try for a continuence to get her back here.
>> Will Cox wouldn't give you one anyway.
I'm taking over first chair.
>> Excuse me.
You're losing, Helen. I'm coming in.
>> You pulling rank on me now?
>> Yes. I'm not going to let this guy get away twice.
Now, I'm going to prep the investigating officer.
>> I've done that three times, >> but I'm taking him on direct now. So, I need to prep him, and I'd like to speak with him alone.
It says that in Hong Kong, a betrayed wife is legally allowed to kill her adulterous husband, but only with her bare hands.
>> Lucy, I'm going to use my bare hands if you don't stop talking.
>> Has Philly Sidlo called back?
>> He doesn't know to call back. He doesn't have an answering machine. I can't leave a message.
>> Well, then keep calling until you reach him.
>> I just called like 10 minutes ago.
>> Okay, >> Lindsay, I've been going over Ned Amy's deposition. Eugene, can we go over this later? I've got a million and one things to do.
>> Lindsay. Lindsay, it's him.
>> Him? Who?
>> Sidlo.
>> Philly, where have you?
>> What? Okay, stop talking. That's right.
Do not say a word to anybody until I get there. Yes, I'll be right there. How would you like to go over the Zean deposition on the way to booking?
>> I didn't mean for anyone to get hurt.
You got to believe me, >> Philly.
>> You got to tell him, Lindsay.
>> This is very serious.
I asked Eugene to come with me.
>> You don't have to say it's serious. The cops already told me I could get life.
>> Please, let's go over what happened.
I robbed a bank like Lindsay said to >> Philly, I never said rob a bank. What are you talking about?
>> You did. You even said that I could go to federal prison if I did.
>> I wasn't advising you to commit a crime.
>> All right, hold on.
I need to know exactly what's going on.
I've been sick. Lindsay knows.
>> I thought it was in remission.
>> Nah, my prostate is spreading and I got this blood disease. I need these transfusions all the time.
>> Where are you being treated?
>> See, that's the thing. I'm not I got no health insurance. So, unless I'm just about to kick, I got to wait. So, you tried robbing a bank to pay for an operation?
>> Even if I could get the money, they'd still make me wait months. But in federal prison, the doctors, they'd have to work on me right away. Danny Small from Brockton, big hernia. They sent him away for check hiding, and he was put under the knife that day.
>> You've been trying to get arrested.
>> I got no money, no family, only a one room hole at Somerville. They're tossing me out up at months end >> and the pain from this cancer.
It was the only way.
>> Okay.
What happened today?
>> I went to the bank down the street. I gave the teller a note asking hand over 300 bucks. That's all. But while she was putting the money in the bag, this guard started walking toward me.
>> Did you have a gun? No, but the teller, she tried sticking one of those die packs in the bag, the kind that explode. Anyway, it must have gone off and the guard must have thought that he pulled his gun and fired. He hit the lady standing behind me.
>> What happened to her?
>> I don't know.
>> This could be felony murder.
>> But I didn't kill anybody. I told you I didn't even have a gun.
>> Doesn't matter if the woman's dead. It happened during the commission of a crime.
>> I didn't want anybody to get killed. I didn't. I I just wanted an operation. That's why I I Detective Simons, on the night Mr. Hayden was murdered. Was his house burglarized?
>> No.
>> How can you be sure?
>> For one, there were valuables, jewelry, watches, money in plain sight and left untouched. Additionally, because of the way that Mr. Hayden was killed, he was shot behind both knees about 30 minutes before he was shot in the back of the head.
>> Why is that significant?
>> Burglars like to get in, grab what they can, and get out.
Whoever killed Mr. Hayden stuck around to watch him die.
This was personal.
>> Objection.
>> Sustained. Only testify as to what you observed, detective.
>> What other evidence connects Mr. McIntyre to Mr. Hayden's murder?
>> Well, the fact that Mr. McIntyre was tried for killing his former business partner.
>> Objection.
>> Sustained.
I am instructing the jury to absolutely disregard the last statement made by the witness. Let me be clear. What he said was inadmissible, inappropriate, and wholly irrelevant to this case.
You must not refer to it in any way during the course of your deliberations or in reaching a verdict. Council Chambers, explain to me right now why I shouldn't declare a mistrial.
>> Your honor, I had no idea Detective Simons would bring up Mr. McIntyre's record.
>> Who are you kidding? This isn't even open for debate. My client's entitled to an immediate mistrial with prejudice.
>> He just instructed the jury to ignore the detective's comment. The jury will never forget what they heard. There's no way our client will get a fair trial.
>> I disagree. Of course you do. You did this intentionally. You conspired with the detective.
>> That's completely untrue. Your case was in the toilet. You wanted to restart the trial. If you called for a mistrial, you wouldn't get a new trial because double jeopardy would attach. So, you forced me to call for one knowing double jeopardy would not attach.
>> That's a lie, your honor. You have to dismiss with prejudice. You at least need to hold a hearing. I have the right to question Walsh under oath. Let me save you the trouble.
My question was innocent. The detective made an error. I specifically instructed him not to refer to McIntyre's prior. In no way did I conspire with him.
>> Then I want to put Helen Gamble on the stand.
>> Bobby, >> there's no allegation of misconduct against Miss Gamble.
>> The fact that >> your honor, Mr. Donald would prefer a murderer walk on a technicality.
I'm sure you don't want to be the one to grant that wish.
>> Oh, don't lay this at my doorstep.
>> I'm appealing to your sense of justice.
When Mr. McIntyre killed Mr. Rossy last night, he spit on your court.
When we go back out, I will excuse the jury and clear the room. Then Miss Gamble will take the stand.
>> As I've already stated, I have no proof that Mr. Walsh intended to cause a mistrial.
>> Did he ever discuss getting a mistrial so he could restart with a new trial?
>> We never discussed anything like that.
I really don't think I can help you here, your honor. Whatever we discussed is work product.
>> Miss Gamble, in your opinion, did Mr. Walsh intend to cause a mistrial?
>> Your honor, I strongly object. My colleague has already stated her opinion is completely irrelevant and inadmissible work product.
>> Relax, Mr. Walsh. You're not on trial.
There's no jury here. This is a hearing, and I would like to listen to what Ms. Gamble has to say. Then in principle I object to forcing DAs to testify in this manner.
>> Already noted.
>> Miss Gamble.
>> Your honor, it seems the issue does go to my opinion.
>> Then I'll rephrase the question.
Do you have any basis to believe Mr. Walsh did intend to cause a mistrial?
>> Yes, >> your honor.
>> Sit down, Mr. Walsh.
Please explain why you believe this.
>> We're having a problem with our other witness. She's in Florida tending to her hospitalized mother. It was becoming clear she probably wouldn't make it back in time to testify. On top of that, Mr. Walsh made sure to exclude me when he prepped Detective Simons. He may have been colluding with him at that point.
I also believe Mr. The Walsh has not been candid.
For example, he suggested that Mr. Rossi intended to implicate McIntyre again, and in fact, he's given us no indication either way. Your honor, I insist I be allowed to cross-examine Miss Gamble.
>> Your witness, >> isn't it true that the witness could have made it back from Florida in time to testify? Possible, but unlikely.
>> And isn't it also true that we could have asked for a continuence?
>> Could have asked, but when I raised that possibility, you rejected it.
>> Do you have any evidence whatsoever that I discussed anything illegal with Detective Simons?
>> No, I don't.
>> And you have no direct evidence as to what I was thinking?
>> No.
If you believed I was committing misconduct, wasn't it your duty as an officer of the court to report me?
>> Maybe I should have.
>> Well, there are just two possibilities.
Either you are complicit in a conspiracy to commit obstruction of justice or you are wrong.
>> I wasn't complicit in a conspiracy, but I had concerns.
I've heard enough.
>> This is still my witness, your honor.
>> We will take a short recess after which I'll deliver my decision.
>> Gene Ward for the Commonwealth. Lindsay Dole for the defense. Wave reading.
Plead not guilty.
>> Question of bail.
>> Before addressing that, your honor, the Commonwealth moves to disqualify Miss Dole. She is a material witness about the crime in question. What witness? I'm his lawyer. A conversation Miss Dole had with the defendant will establish motive.
>> Your honor, Eugene Young, also for the defense, my colleague cannot testify where privilege applies.
>> According to Mr. Sidlo's statement, Ms. Dole instructed him on what kind of crime to commit in order to get himself incarcerated.
>> That's a lie.
>> Take it easy.
>> Council approach.
Miss Dole, did you instruct your client to rob a bank so he could go to prison?
>> Again, I raised the issue of attorney client privilege.
>> Mr. Sidlo waved that right when he disclosed the contents of his conversation with Miss Dole.
>> Now, please answer the question.
I did explain the difference between federal and state crimes, but only to answer a client's question about what he said was a past crime. You helped get a woman killed.
The woman who was shot, she died an hour ago.
That was not my fault.
>> Miss Dole, it sounds like Miss Ward's right. You'll probably have to disqualify yourself.
>> I will not testify against my client.
>> Okay, enough. Miss Ward, although I don't know exactly what happened here, let's be realistic. This shouldn't go to trial. The defendant's confused. He was unarmed. Felony murder applies only if the jury finds that he consciously disregarded risk to human life.
Therefore, I strongly suggest you get Mr. Sidlo new counsel and settle this.
He wants to go to jail anyway.
>> You're quitting on me. But you're my lawyer, >> Philly. The judge disqualified me. I'm not quitting.
Look, you weren't listening. You haven't been listening.
I never told you to rob a bank. You did that on your own and got me in trouble in the process.
>> I'm sorry, Lindsay.
>> Why didn't you just tell me the truth and give me the chance to help?
>> I didn't want to get you mixed up in something illegal.
You're a good person.
>> Look, there's nothing I can do for you now. I'm not your lawyer.
We shouldn't even be talking since privilege doesn't apply.
>> I was just trying to save my life. I didn't want to get anyone killed.
>> I know, Philly.
I should go.
Lindsay, wait.
I know we can't talk about the case, but I'll just sit here for a while and keep you company.
That'll be good.
All rise.
Be seated.
To dismiss a murder case with prejudice, to let a possible killer go free merely because of prosecution error, is not only the most extreme and frowned upon remedy available to a court. It offends our sense of right and wrong.
It makes a mockery of our most basic sense of fairness.
Don't misunderstand me. Prosecutorial misconduct is a problem. But to deny justice in order to save justice makes no sense.
And as the record clearly shows, I have no smoking gun here. No direct evidence that Mr. Walsh did knowingly and intentionally cause a mistrial. The most Miss Gamble could offer me was her opinion.
I won't make a ruling on such an important matter purely on speculation.
However, I am required to consider the totality of the facts supporting these allegations as well as the credibility of the parties involved.
This is not the first time I've had Mr. Walsh before me. This year alone, I have seen a man I have always respected employ what I consider to be sharp and unethical practices.
He has become increasingly less candid and honest. In his effort to do justice, he has perverted it. Here he misled the court about the availability of a witness I now learn is in Florida.
It has to stop.
I therefore sadly have no choice but to find that Mr. Walsh did intend to cause a mistrial in an effort to obtain a new trial.
The case against the defendant is dismissed with prejudice.
Mr. McIntyre, you are free to go.
>> Your honor, may I be heard?
>> I have ruled, Mr. Walsh.
>> Then for the record, let me say we are filing an immediate appeal to have your ruling reversed. Your decision is unjust, unconscionable, and wholly unsupported in law or fact. It is a reflection of this court's animus against me and my office and will form the basis of my personal complaint to the judicial council.
>> Mr. Walsh, >> I'm not finished. Your decision to put a killer back on the street should not go unpunished. It is my hope the legislature will consider appropriate actions, including possible impeachment.
You crossed the line a long time ago, Mr. Walsh.
I ascribe your inappropriate response to the fact that ultimately, you know, this whole disaster is your fault.
This court is adjourned.
That's it. It's over.
>> Yeah, Michael, it's over.
>> Hey, thanks.
Send me the bill.
You accuse me of perjury, hen.
>> Look, I did my ethical duty. What excuse do you have for ripping me apart up there?
>> I was trying to save this case, Helen. I wasn't railroading an innocent man. I wanted to give McIntyre the fair trial he was avoiding by killing a witness.
>> He's going free.
Patricia, we are so sorry. You made this happen.
How can you tell me that you're sorry?
>> I had to testify truthfully. The truth is Michael McIntyre took my father's business, then took his life, and you let him get away.
I did my ethical duty >> only because you were dragged into it.
You're not a hero.
Heat.
Hey, heat. Hey, heat.
You stink.
>> Previously on the practice.
>> You're losing, Helen. I'm taking over first here now. I'm going to prep the investigating officer alone. What other evidence connects Mr. McIntyre to Mr. Hayden's murder?
>> Mr. McIntyre was tried for killing his former business partner.
>> Objection.
>> Sustained. Council Chambers, >> you did this intentionally. You conspired with the detective. That's completely untrue.
>> Then I want to put Helen Gamble on the stand. Do you have any basis to believe Mr. Walsh did intend to cause a mistrial?
>> Yes. Mr. Walsh made sure to exclude me when he prepped Detective Simons. The case against the defendant is dismissed with prejudice.
>> I did my ethical duty >> only because you were dragged into it.
You're not a hero.
>> All right. What the hell's going on?
>> Take it easy.
>> You take it easy. Trial starts tomorrow.
Why is our codefendant talking to the DA?
>> He's cutting a deal.
>> What?
>> He can't do that. We had a deal. A joint defense all mapped out. Hey, >> I called out of courtesy.
>> But our client is innocent.
>> Well, mine's pleading guilty.
>> Sorry, Jimmy. It's just how it is.
>> Art, at least tell us what he's saying in there about our client.
so hot. She sucked the air right out of my lungs.
I did play with matches as a boy.
And then you get older and you need it to last.
Give her air. She'll come big for you.
She'll come big. Jesus, you look at that.
You disgust me, >> Helen.
>> We want the jury to believe you, not to be sickened by you. You think you can manage that?
>> I love the new haircut.
>> Makes you look like my ex-wife.
>> You know what, >> Mr. Tucker?
>> Yes, Mr. W. A night watchman died in that fire. Cooperating against your codefendant is the only way you avoid a life sentence.
Take this seriously.
>> Yes, Mr. Walsh. I understand.
I said I'd testify against Ronald Demperio and I will.
He hired me to burn down his business.
He's guilty. The jury will believe me.
They'll convict that mobster. I swear.
Now, could I please watch the end of the tape?
Heat. Heat.
42 years. Biggest manufacturer in the North End.
And it all went in less than 5 minutes.
You remember it, Jimmy? You worked here as a kid, right? During summer vacation.
>> I remember, Mr. Damrosio.
I remember how heavy this stuff was to move. Beautiful tables, chairs, solid craftsmanship. This place was my life.
Your father, Lenny, worked 20 years. He knew the man who died, the watchman, he was a friend of mine. He knew I would die before I would burn this business.
>> Mr. D. Ambrosio, we need to talk about Tucker. How can he say I paid him to do it before? He said we were innocent.
>> He's agreed to testify against you for a reduced sentence.
>> This is a nightmare. I'm innocent, but I can be convicted of murder anyway. Sent away for life.
>> We're going to do everything we can to make sure that doesn't happen.
>> I'm two times businessman of the year.
Sons of Italy.
>> I know.
>> Stop saying you know. You don't know. It wasn't always so nice for us here.
Sure. Now we got a mayor, a governor, but nothing changes. Not for us, Jimmy.
>> What do you mean?
>> To your face, it's always respect. But behind your back, they talk. They assume. I mean, you could be Justice Scalia. If your name ends in a vow, they think you're like Rosenostra.
I've known him my whole life. He's not mobbed up. I understand, but his business was hurting and he did get the insurance.
>> He's innocent.
In our house, the Holy Trinity was Pope John the 23rd, JFK, and Ronald Damrosio.
Why would Tucker plead to a crime he didn't commit?
>> Whatever the reason, he's wrong about Mr. Damrosio.
Bobby, we can't lose.
For months, we planned a joint defense.
Now, out of the blue, our codefendant pleads guilty, >> which is his right.
>> The DA engineered it so the plea would come on the eve of the trial.
>> Mr. Tucker initiated that deal, not us.
>> Come on.
>> It is true. He called Mr. Walsh first.
>> Even if that is true, our client has been denied his chance to prepare a new defense.
>> Mr. Donald, your complaint is with Mr. Tucker, not the DA. If he broke his word, do you sue him? I can't keep the DA from making deals. They can make them whenever and with whomever they like. I can't help you.
>> Then, your honor, we asked the court to consider dismissing the indictment for vindictive prosecution.
>> Excuse me.
>> We believe they've targeted our client because he's Italian-American.
>> He's right about that.
>> Jimmy, what are you doing?
>> We would like time to conduct discovery into the issue. So that >> Do you have any evidence to suggest this happened? Most organized crime cases involving arson have been against Italian Americans.
Why else would a respected businessman even be on trial?
>> Because he collected a huge insurance settlement after his business was burned down >> allegedly. The fire was an accident.
>> Then he has nothing to worry about. The jury will acquit him. Your motions denied.
>> Drosio wants your first year fine. But pull a stunt like that and you will lose. It was a shot. He needs to see we're fighting for him. Just don't lose your credibility in the process.
>> If you hit this, you go right to the files.
>> All right.
>> You are totally computer literate, which is cool.
>> Why isn't Doogie in school? His name is Skip and his high school has a work study program. He's been here eight times.
>> He's always here and the computers are never fixed. If he'd quit hitting on Lucy, >> is it me or is she kind of cute?
>> You've totally mastered this system.
Most people would take like weeks. Took you like 4 days. You're awesome.
>> Thanks.
>> Until you guys upgrade, there's some things I can't do. Thing with computers, they offer so much. All you have to do is sit back and let them do it for you.
It's as if they want to.
Your hair smells like summer.
>> Are we done?
>> Oh, I'm sorry. Yes.
>> How much?
>> Uh, it's free. You guys are my friends.
>> Oh, that is so nice. Thank you.
>> Yeah, the computer stuff's just promotional. I have other businesses.
>> Really?
>> Tutoring, investing. Plus, I'm a scholar athlete. Skip >> lettered cross country school junior achievement. I got a lot going on >> here. If it's too much, just put it toward next time.
>> Can I put it towards something for us?
Like dinner?
>> Damn. Broio gave me the key. That's how I got in.
>> Match.
Go over it again.
>> I'm a designer. I bought furniture directly from DM Pro mostly for my eye thai clients. They just love those heavy dark woods. Those >> When did he give you the key?
>> You pushy bitch. Why don't you let me tell the story?
Mr. Walsh, may I speak with you?
>> You're personalizing this?
>> I'm not personalizing anything. The guy is scum.
>> We don't get to choose our witnesses.
>> Look, the jury will hate him and they will hate us for giving him a break.
>> We have no choice. Cutting a deal with Tucker gets us two convictions. Without him, Damrosio walks.
>> I'm not sure that's a bad thing. We know he's done business with at least two crime families.
>> Legitimate business. He sold these people furniture >> and we think laundered money.
>> Look me in the eye and tell me you really think Damrosio is innocent.
>> I'm not sure. I have concerns. You have gone too far before.
>> So that's what this is about.
>> You just had a murder case kicked because the court found out you lied.
>> I didn't lie, Helen. Not really.
Besides, you weren't exactly pure on that yourself.
>> My point is, sometimes in our eagerness to get the bad man, we can lose our way.
>> I haven't lost my way, Helen. I'm still doing the job the public wants me to do.
If anyone has lost their way, maybe it's you.
Once he broke the lamp, he used the sparks to light the legal pad.
>> You got to be kidding.
>> This is your chief witness, a sick lunatic >> who your client hired to to >> He didn't.
>> Jimmy, >> you're destroying a good man's life. You want to impeach Tucker with the fact he committed arson in custody. That's your right.
>> Sure. You want us to do that. It'll help your case.
>> Look, we have a continuing discovery obligation to tell you if our witness commits a crime so you can use it against him on cross. We've done that.
See you in court.
If he's not guilty, why would your guy have met with Tucker?
Maybe I talked to Tucker about business being bad. So what? I told you before he was a customer. He bought furniture from me. But there are no receipts.
>> They burned up in the fire.
>> Your accountant didn't keep copies.
>> Bobby, we've been over this >> and it's never made any sense.
Look, without proof Tucker was a customer, we're screwed. No jury's going to believe he did business with a crazy man.
>> He was an interior decorator. For God's sake, they're all crazy.
Okay, the thing is all the sales were off the books. Cash.
There never was paperwork.
>> Wait, I don't understand.
>> You were evading taxes.
>> I'm not the only one. Believe me.
>> How could you do that?
>> Am I on trial for not being a saint now?
I paid millions in taxes over my life.
More than my share. Just how much of your business was under the table?
>> What the hell difference does it make?
I'm on trial for murder. Not >> I'm just trying to understand.
>> Jimmy, let it go.
>> So, it's bad there's no proof he bought furniture. What do we do? We got no choice.
We stick with our original plan. There was no arson. The fire was accidental.
Even if Tucker did set it, you weren't involved.
It's not great.
But it's all we got.
>> Did our lottery ticket hit?
>> No. Um, you're lucky in love.
>> You came so late. You missed the singers.
>> Don't tell me that.
>> They were pretty good.
>> Yeah. You think Skip will ask you to the prom?
>> I'll drive you guys if you want.
>> You know what? This isn't funny. I'm going to have to tell Skip to stop it.
You know how bad that makes me feel?
>> When the heat of the fire reached 165°, it set off the sprinkler system and that dropped the water pressure which tripped an alarm at dispatch.
>> When did the first engine company arrive?
>> Within 5 minutes. But by then flashover had taken place. The fire burned so hot and so fast it literally exploded the building.
>> Where did the fire start? It had two points of origin. Now, fires don't naturally have two starting points, so we brought in a dog trained to sniff out fire accelerants.
>> What did you find?
>> The place had been soaked in linseed oil. That's a common fire accelerant.
>> Did you review a coroner's report of the man who died?
>> I did. The position of the body and the pink flesh in the trachea show that he did not die of smoke inhilation. He burned to death. Combustion was so quick and so intense, it was more like a bomb than a fire.
>> Before the fire was even out, you assumed this was arson.
>> I assume all fires are arson until I can prove otherwise.
>> But you had no direct evidence this was arson.
>> Unless we catch them at the scene holding a match, we never do.
>> Did you check the electrical system to see if that could have caused a fire?
>> We didn't find any system failures.
>> There still could have been one. It's possible, but your report says you found forced entry into the building.
>> I found a door had been kicked open, but that could have been one of our men ventilating smoke.
>> Or a homeless person could have broken in to get warm and accidentally caused a fire. It was cold that night. Isn't that possible?
>> Yes, but >> you just told Miss Gamble the place was soaked in linseed oil, but your report said you didn't smell any. It's possible the fire was so hot it burned off that evidence. Well, >> couldn't something else in the warehouse have contributed to the fire's heat?
They use lacquer to finish tables, solvents, thinners, all of which can combust when it's hot.
>> But as you said, it was cold that night, so that kind of combustion is not possible. Plus, the dog didn't alert to other fuels, meaning they weren't there.
>> Well, they were, but like you said, the fire was so hot it burned them all up.
If you're going to play the theme from Ice Castle again, I don't know.
>> You know, don't say anything. Just come here.
>> What are you doing? I don't like to give these people material to make fun of me with.
>> I'm sorry. I just really want to show you how I feel.
>> I know. Okay. I know. You're embarrassing me by sending flowers and showing up like this.
>> You're the most beautiful, most special woman I have ever seen. Oh, >> Skip, >> you are. My whole life, I've always thought if you want something and you work hard and believe enough, you can have it.
>> Why do you talk about me like I'm a school project?
>> I would do anything for you.
My parents were young when they met.
Lucy, I love you.
I want you to take this with my heart.
I know it'll be tough because we're young, but I think we can be happy.
I have absolutely no idea what to say to this.
Just don't say no.
>> Had the defendant recently increased his fire insurance policy >> a month before the fire, he doubled it.
The warehouse was insured for $6 million. The stock an additional 2 million.
>> After the fire, did he file a claim >> for the full amount? We conducted an investigation and found that Mr. Damrosia's business was losing money prior to the fire. His orders had dried up. Yet, he was still manufacturing new merchandise to stock his warehouse.
>> What did you do?
>> We forwarded our suspicions to the DA along with our findings.
>> But you paid the claim anyway. Why would you do that?
>> The law says if we fail to make a payment within a reasonable time, we can be sued for bad faith and face triple damages. Juries don't like insurance companies, and we didn't want to risk a trial.
>> You didn't want to risk a trial. You'd rather my client risk one.
>> Is that a question?
>> If my client is convicted of arson, he'll be ordered to pay restitution to you, meaning you'll get all your money back plus interest.
>> If he defrauded us, I think we're entitled to that. You could also bring a 93A fraud action against my client and get triple damages. Meaning your company could end up making money off of this fire. I suppose when you handed the fire inspector your report, you were hoping they come after Mr. Damrosio. The law requires that we report all suspicious fires. But you have the most to gain if my client is convicted of arson. Arson cost insurance companies billions of dollars. which frankly we pass on to consumers.
We all gain when arsonists are punished.
>> Move to strike. Nonresponsive.
>> Sorry, Mr. Beluty. I'd say he responded very directly to your question.
Objection overruled.
>> So far, I say we played them even, which is good.
>> Honestly, no.
Trials have a momentum. People make up their mind before closings. We wanted to create reasonable doubt with the jury before Tucker got on the stand.
>> That stuff about the insurance and your business going down.
>> We knew they were going to bring that up. The whole country is in an economic downturn. Every business has insurance.
>> The point is to have any chance at all.
We need to take Tucker out.
>> Bobby, I want you to cross-examine Tucker.
>> Mr. tombrosio. I'm preparing for that.
>> Jimmy, you're getting shelled in there.
That gamble, she scores every time she gets up. I got a right to call for relief. You're not doing the job.
>> I don't think that's fair.
>> I don't care what you think. They want to put me in prison for murder. You understand that? They're treating me like I'm public enemy number one. Like I'm from the gutter after I spent my whole life proving that I'm as good as any of them. I can't afford to care about your feelings. I got to be smart about this.
I want the Irishman to cross Tuck, not you.
>> It's him. I can't answer it. I can't believe you got engaged before me.
>> I'm not engaged.
>> At least two carrots.
>> How much did that cost?
>> I don't want to know.
>> At least $6,000.
>> What are you going to do?
>> I tried to give it back, but he wouldn't leave until I promised to at least think about it.
>> It is kind of sweet.
>> I know.
Hello, Skip.
You're where?
Listen to me. I don't care how you feel right now. Don't say anything.
No. Until we get there, do not speak to the FBI.
>> Did you just say the FBI?
>> Skip's been arrested for what? Something about federal wire fraud.
>> The police arrested me at the scene. I was videotaping the fire.
>> You do that a lot?
>> Only when I set them. The police searched my house. They found my whole collection.
>> How did you set this fire? I soaked some fabric with fuel. There was a bolt of upholstery in the warehouse, a very nice flame stitch pattern which seemed appropriate.
>> What kind of fuel did you use?
>> That dog was right. Linseed oil.
>> Tell us how you ignited the fire.
>> Not wanting to burn myself up, I used a delay device. All you need is a lit cigarette.
>> Why did you set this fire?
>> My ex-wife's lady lawyer got her a huge alimony.
So when Damrosio complained that his business was tubing, I offered to burn it down for $50,000.
>> When did you make this offer?
>> One week before I did it. We met on the commons in the middle of the day.
>> How did he pay you?
>> Upfront in cash.
We did all our business in cash.
>> How many fires have you set in your life?
>> That's like asking me how many times I beat my ex-wife. I can't remember exactly.
>> By testifying against my client, you get a pass on those fires.
>> I better.
>> And a reduced sentence for felony murder of the night watchmen in this case.
>> I deserve that. I never meant to hurt anyone.
>> Your obsession with fire. You ever gratify yourself sexually watching a fire?
>> Have you?
>> Answer the question.
>> Yeah, I've done that.
>> So, your motive for setting fires isn't economic. You never set them for money before.
>> No, this is the first time I took money for it.
>> Ever lie about setting a fire >> to avoid getting caught? Yeah.
>> Like you're lying now to avoid punishment.
>> I am not lying now, Mr. Donald.
>> Nobody can verify any part of your story about getting paid for this.
>> Your client could >> move to strike.
>> Sustain. The jury will disregard.
>> Mr. Tucker, isn't it a fact that you approached the DA and suggested you'd accuse my client?
>> It seemed like a good idea. You say my client gave you a key to the warehouse.
Where is it?
>> I lost it. What about the money?
>> Sorry.
>> The 50,000 you say my client gave you.
Where is it?
>> You wouldn't believe me.
>> Try me.
>> It burnt in the fire. I left it behind in the warehouse. I always wanted to have money to burn. You were right. I didn't do it for money after all. You're so smart.
>> You're not. Not if you expect this jury to believe that story.
Nothing further.
>> Your boyfriend ran a pyramid scheme.
>> He's not my boyfriend.
>> Lucy, please. What do you people think Skip did?
>> He promised a million dollar return on a $25 investment.
How?
>> Through a chain letter email. Each person sends out $5 to five other people, one of whom is always Heyman.
Then they forward the email to as many people as possible. Heyman got $5 from 1,400 people.
>> He must have used that money to buy the ring.
>> He's not even 18. I thought the feds didn't do juvie cases.
>> We don't. Unless there's federal jurisdiction. He committed federal wire fraud.
>> The US attorney must have better things to do than this. Oh, we always have time for high visibility cases.
>> Wait a minute. You're putting out a press release on this >> for deterrent purposes? Absolutely.
>> You're going to ruin this kid's life.
>> How much trouble is he in?
>> 1,400 separate counts of wire fraud at five per >> 7,000 years.
>> Only if they run consecutively. The good news is we've decided you were not involved.
>> Me?
>> What makes you think she was involved?
She barely knows Skip.
>> Oh, really? Then why did he spend a night at her place?
>> Eleanor, not here.
Not now.
>> They arrested me at a track me.
They even took my spikes.
>> Skip, where's your mom?
>> I didn't call her. I called Lucy.
>> You need to call her. I want to introduce you when it's right, not now like this.
>> What were you thinking with that chain letter?
>> I swear I didn't know it was illegal.
Someone sent it to me first.
>> It doesn't matter.
>> Please don't let this affect your decision. We can still be happy.
>> I have to admit I did cash business with Tucker. You need to explain how it is you knew him and why there is no proof.
>> I'll have the IRS all over me.
>> You rather get convicted of murder. You need to testify. If you don't, the jury will think you're hiding something.
>> I got nothing to hide. I do business just like they do it up on Beacon Hill.
Only they don't charge them with murder.
>> Can't he take the fifth on the taxes?
>> If he does, his whole testimony will be struck and then he will definitely be convicted. If you had crossed Tucker better, I wouldn't have to testify.
>> You know what? I've had enough of this.
I haven't said anything before out of respect of Jimmy, but you're out of line.
>> Hey, I'm paying for performance here, not excuses. End of story.
I'm putting you back in charge.
>> They just called. Damrosio's testifying.
He's up after lunch.
>> That's good.
Is it?
>> The defendant doesn't take the stand unless he has to.
>> Or unless he's got a good story.
>> Better be good after Tucker.
>> I wasn't so thrilled by his performance.
>> He did enough.
>> He looked like something that just crawled out of the toilet.
>> The jury knows what's going on. They know Damrosio is guilty.
>> I I'm not so sure I agree.
>> I don't care.
I can't afford your internal debates, Helen. We've been losing too much. It's hard enough to win these cases without you second-guessing our motives and methods.
If you can't do the job, then get the hell out. But until you do, you go after Damrosio hard and win this case.
I've been in business a long time. A lot of companies went overseas or down south to save money. I stayed in Boston. I've done a lot of good by giving jobs to a lot of people. It's never just been about money. Not to me. The people in my business, their family, and I would never hurt my family.
>> Do you deny knowing Norman Tucker?
>> No, he was my customer. I sold them furniture for several years.
>> Did you hire him to burn your business?
>> Absolutely not.
>> I have nothing further.
There's no record that you ever sold any furniture to Mr. Tucker.
>> It was done in cash to avoid taxes. That was wrong. I admit it.
>> What about the chemical dumping? Do you admit that was wrong?
>> Objection. Relevant.
>> Goes to motive. Your honor, the EPA was investigating the warehouse for illegal waste disposal. The fire made the investigation moot.
>> Overruled. I'm an American businessman.
I'm used to being overregulated. I don't burn my business because of it.
>> Business for you was bad.
>> Business goes in cycles. It goes up, it goes down.
>> You had operating losses for six straight quarters.
>> I don't shrivel up and die because of a bad streak. I work through it. I was coming back.
>> The fire came just in time to save you from losing your shirt. Times were tough, yes, but it didn't stop me from serving on charity boards, raising money for a new hospital in the north end, paying my employees on time. I didn't commit any crime.
>> Mr. Tucker was your customer.
When was the last time you two met?
>> I don't remember.
>> If we have a witness who says he saw you with him on the commons, one week before the fire, would that refresh your recollection?
No, it wouldn't.
>> You don't sound so sure.
>> Objection.
>> Withdrawn.
>> I have nothing further.
It's been going on for 6 weeks from when he first fixed the computers. It was the end of the day. We talked to begin with.
He's really smart and he's got this energy.
>> It's just the age difference.
>> He told me he was 18. Besides, I never slept with him. He just stayed over one night cuz it was late.
>> Lucy, I'm the last person to judge anyone about things like this. Believe me, >> I don't know how it happened.
But there's a part of me that really likes him.
>> And there's nothing wrong with that.
It's just >> Lucy Hatcher.
I'm uh Skip's mom, Betsy Hyman.
>> Oh, hi. I'm really sorry that we had to meet like this.
>> Skip is right.
You are very pretty.
As a mother, you you worry who your son will fall for.
Too bad Skip fell for such a slut.
>> Hey, my son was perfect. Then he meets you. Now he's a criminal.
A man is dead. A business is ruined.
All because of greed. Ronald D. Ambrosio may not have lit the match, but he's the one who started the fire the day he hired Norman Tucker to torch his warehouse. But for Diamio, the fire never happens. And the night watchman is never burned alive. See, most arson cases are based on circumstantial evidence. This one isn't.
Norman Tucker gave direct testimony against the defendant. He told you how he committed the crime and why.
Money.
Norman Tucker wanted to earn some by lighting a fire. Damrosio wanted to earn some through insurance fraud. You may not like Tucker. You may be disgusted by him.
I am.
But the fact remains.
Tucker plead guilty to an arson that the defendant paid him to commit. When you have a criminal conspiracy, you can't expect to find nice people involved.
We didn't choose Tucker as a witness.
Diamio chose him to be a partner in crime.
You stick a crook in a nice suit, he's still a crook.
Ronald Diamio is a crook.
>> My client has been a pillar of the community for almost half a century. You could argue that they should build a statue for him. Instead, they charge him with murder.
My client thinks what they really blame him for is being an Italian American.
He thinks if his name was Cabbat or Large, they would never have charged him. I don't know. There's been so many bad movies and overhyped television shows. Maybe people do think if you're a successful Italian American, you must be mobbed up. I know this. Having insurance is not a motive. Filing an insurance claim is not a crime.
They didn't even prove this was arson beyond a reasonable doubt. And they never presented any evidence linking my client to any arson involving Norman Tucker. Their whole case is built on the testimony of a demented admitted liar who may or may not have started this fire, but who says he sexually gratifies himself watching buildings burn. When the government gets into bed with low lives like Norman Tucker, it ought to make you mad. Don't convict an innocent man on the basis of B testimony from a crazy man.
Ronald D Ambrosio is not guilty.
>> A Brooklyn plan for this guy.
>> Yes. He pleads to one felony. If he keeps his nose clean, you expunge the conviction. Please. He's a good boy.
>> I don't know.
>> He'll have to make full restitution and immediately forfeit any property bought with criminal proceeds.
>> Can I talk to Skip for a minute? Stay out of this.
>> Miss Simon, please. Maybe this could help.
>> Lucy, please don't.
>> I'm sorry. I'm just not ready for that kind of a commitment.
>> I love you.
>> Oh, for God's sake.
>> Maybe we should give them a little privacy. If it's the ring, I'll get you another one. Please.
>> It's not the ring.
I care for you. But this is just way too >> Give me that.
>> My son is taking the deal. He'll plead guilty.
And you stay the hell away from my son.
Jimmy, take my Rolex.
If they take me into custody, I don't want the guards to steal it.
Will the defendant please rise?
>> Has the jury reached the verdict?
>> We have, your honor.
>> As to the charge of conspiracy to commit arson with intented defraud and felony murder. How say you?
>> We the jury find the defendant Ronald D.
Ambrosio not guilty.
Ladies and gentlemen of the jury, I thank you. This concludes your service to the Commonwealth. This court is adjourned.
Wow, what a relief.
Thank you, BS.
Jimmy, you're a good man, >> right? You saved me from being wrongly convicted.
Not that it didn't cost. What you made on this case would have taken your old man 5 years to make. He would have been so proud of you.
>> You think you knew my father, >> Jimmy?
Didn't I?
>> My father admired you. I admired him.
Blue collar guy son becomes a lawyer.
That's the American dream.
>> You didn't know my father.
>> What are you talking about?
A clerk once gave him too much change, maybe $2.
He realized when he got home, drove 10 miles in the rain to give it back.
The man couldn't lie.
And I used to think, what a jump. He has so little and he doesn't even know how the world works.
He paid his taxes, waited his turn, played by the rules.
He was so naive. He thought guys like you did, too.
Mr. to the Ambrosio.
My father was a better man than I will ever be.
I wish I could tell him that and tell him the kind of a guy you really are.
Jimmy, I was innocent.
If your father thought I was a hero, well, maybe he was wrong. I'm sorry.
The truth is I'm just a businessman.
I waited till the last minute to plead because I knew Walsh would be desperate and he'd give me a good deal.
>> I'm going to ask you one more time. Did Mr. Walsh encourage you to falsely incriminate Diamio or not?
>> If I admit lying on the stand, I wouldn't get a reduced sentence for the fire.
>> Unless you want to give me a bigger break for giving up Walsh.
No, you're still going to serve time. You need to go away for as long as possible.
>> You can't prove that my testimony was untruthful.
You still have to give me a reduced sentence.
>> Unfortunately, goodbye, Mr. Tucker.
>> I'm sorry. I can't help. I know it'd make you feel so much better to blame Walsh. You're such a team player.
Walsh wanted to believe me. What was your excuse?
Whenever you got close to asking me about the details of the fire, about the key. All I had to do was insult you and you forgot to pursue it.
A good prosecutor would have known I was lying the whole time.
Ambitious and incompetent.
They'll make you a judge if you're not careful.
Turns out I burnt the place cuz I hated the style of the furniture and it made such a big fire.
Of course, I never said any of this.
Good night, honey.
Guard.
Next on the practice.
>> Who'd you kill?
>> Why don't we start by asking where I've been for the last 3 years? Law school.
>> You're a lawyer.
>> I've got a case now. That's why I'm here. My conscience says I should get another lawyer on board with experience.
Come on. What do you say? You, me, Ellie? It'll be fun.
>> Jennifer Cole, she was raped last night.
>> It was a trick. He just went crazy.
>> Jimmy, the examination didn't reveal any vaginal bruising or tearing.
>> You see her face? You think she did that to herself?
>> This is a hooker with a drug problem.
I'm not that good a DA.
You stink up.
Previously on the practice.
>> You were smoking crack with an 8-mon baby.
>> Please just get me out.
>> If I get you out, you go into rehab immediately.
>> I promise.
>> Placental lining started to come loose from the uterine wall and there was cocaine in her body.
>> The baby, >> little girl 3 and 12 lb.
>> I'm sorry, Jimmy.
>> Okay.
This is unbelievable. Two lovers and they're both dead. But you think just because you got away with it last time, you can get away with it whenever.
>> Yes.
>> He has a narcissistic personality disorder. He commits a crime where it's impossible not to convict him. And the game is still getting away with it.
>> Well, win or lose, won't this be fun?
>> Were you trying to wrestle the knife away or were you trying to kill him?
>> It went into him during the struggle.
>> It went in by accident. How many ways can I say it?
>> We find the defendant, Joseph Heric, not guilty.
>> God, she's really getting a personality.
>> All right, I'm out of here.
Who'd you kill?
>> Good to see you, too, Eleanor.
>> Have you put on weight?
>> We're busy, Joey. Who'd you kill?
>> Very cute. Well, can't anybody say, "Hey, good to see you."
>> Who's that?
>> Mine. What are you doing here?
>> You have a baby. Joey, why are you here?
Why don't we start by asking where I've been for the last 3 years?
Law school. Tada. Passed the bar in February. We're now all learned brothers. You're a lawyer and a good one so far.
>> Wait, wait, wait. You went to law school, took the bar exam.
>> It was my therapist's idea. You thought one way of weaning myself off of killing people was to help others who did get away with it. I've got a case now. It's why I'm here.
>> Case? What kind of case?
>> Homicide.
I don't slum.
The problem I'm having is this. I think the kid might actually be innocent. And as good as I am, my conscience says I should bring someone else on board with experience.
>> So, in addition to getting a law degree, you also picked up a conscience.
>> Drives like new. Hardly any miles on it.
But seriously, Bobby, I I never admit this publicly, but I could really use some help.
>> Starts tomorrow.
>> Tomorrow?
>> Yeah.
>> I'm ready. I can do this. And I could do it alone. And I'm prepared to if I have to. But to be honest, with an innocent kid's life on the line, believe it or not, I don't want to. Come on. What do you say?
You, me, Ellie.
It'll be fun.
It's like old times.
Heat. Heat. Heat.
You're actually helping him. And you?
>> Come on, I can't resist.
>> But he's a murderer.
>> We only know that because we represented him.
>> Even so, we also know he's clinically sick.
>> Look, the ship has sailed. I said I'd help.
>> Jimmy, it's someone from Brigham Hospital.
>> Jimmy Booty.
>> Hi.
I'm sorry, Jimmy. Hey, >> this is Lucy Hatcha. She works with me.
She also works for Rape Crisis.
>> I feel so stupid.
>> What happened?
>> You're going to be mad, Jimmy.
>> I'm still >> prostitution.
It was a trick. He just went crazy. I don't I'm so sorry.
>> Where's your baby?
>> She's with a friend. She's okay.
>> So, what happened? One of your tricks speak you up.
>> He raped me and then he beat me up.
>> He raped you.
The sex wasn't consensual.
>> No. I mean, it probably would have been.
And I mean, we went to a room, too. But as soon as we got there, he just wigged out. It was like he had this thing against hookers, like we were evil. I told him to get out and he raped me.
>> Do you think you might recognize him if the police showed you some photographs?
>> He gave me his name.
I told him it to the police.
The body of Gene Homestead was found in an alley off of Tremont Street. A deep gash in the back of her head. The apparent victim of a mugging.
That's the way it looked because that's the way that Daniel Carrington wanted it to look. But that is not the way she died. Ladies and gentlemen, the evidence will show overwhelmingly the defendant drove to the victim's house, murdered Mrs. homestead in her bedroom, then drove her body back into Boston and dumped her into that alley.
The evidence will establish the defendant and the victim were having an affair. And when the victim tried to end the relationship, the defendant murdered her.
The homicide rate in this country, this city, our city, the proud city of Boston, is starting to climb.
And people, people like me, you getting damn sick of it.
For one, I'm fed up with exalting civil rights to the point where the criminal enjoys more constitutional privileges than we do. Enough already.
If a person kills another human being, I don't give a rat's ass whether he suffers from schizophrenia, substance abuse, an overbearing mother.
I say put the son of a bitch in jail.
It's how I feel. It may be how some of you feel, too.
It's certainly how the government feels and I salute them for it.
But every once in a while in their zeal, their haste to make sure a murder is avenged, they get it wrong and they arrest the wrong person.
My heart goes out to Gene Holmstead's husband sitting there and her son. We all want to catch the person who killed Gene Homestead, but Daniel Carrington is not that person.
They've arrested the wrong man.
>> Jimmy, the police question the guy.
>> What's his story? They went back to her place. He didn't know she was a hooker.
After they had sex, she announced she was. Tried to extort him for $10,000. He refused and left.
>> And you believe that, >> Jimmy? The examination didn't reveal any vaginal bruising or tearing.
>> You see her face?
>> You think she did that to herself?
>> I can't rule out the possibility that she did.
>> Why?
>> This is a hooker with a drug problem.
Listen, even if she's telling you the truth, a prostitute takes a man to a room to have sex, then claims the sex wasn't consensual.
I'm not that good a DA.
>> Both blows came to the back of the skull. The second one, this one, was fatal. It crushed both the skull and the brain stem. Death likely came instantly.
And did you make any other findings that you find significant?
>> Several. There were no other bruises, scratches, no skin scrapings under her nails. No indication of a struggle.
>> And what did that tell you?
>> Well, that it's highly unlikely she was mugged or overpowered. Much more likely she was simply struck on the back of the head.
>> Anything else?
>> We found small traces of semen in the vaginal area. We submitted samples for DNA analysis. They were an exact genetic match with the defendant.
>> Thank you, doctor.
>> First of all, doctor, let me applaud you on your ability to crunch your testimony. So many experts, especially doctors, just rattle on at such technical talk. It's either boring or incomprehensible.
I salute you, sir.
>> Thank you. I probably shouldn't be admitting this, but I can't take issue with a single thing you said. I agree with all of it. So, I'm going to sit down so we can move on.
Oh, I'm sorry. There is one thing. It is possible for her to be mugged and dragged into the alleyway without showing any physical signs such as bruising or fingernail scrapings. Yes, it's possible.
>> Excellent. Thanks.
One other thing. If my client had had intercourse with the victim several hours before her death, semen evidence could still be found, couldn't it?
>> Yes.
>> So, it's possible my client and the victim had sex.
She was later hit on the head and killed by somebody else. Your findings don't exclude that possibility, do they, doctor?
>> No.
>> Thank you.
>> How'd I do?
>> He raped me.
>> And it would be your word against his.
Do you know who he is?
>> Russell Matthysse.
>> He's a very prominent lawyer. He would be perceived to be more credible than a hooker with a drug history.
Look, I'm your friend.
There's nothing to be done here.
>> Maybe not criminally.
I would think Mr. Matthysse would like this to go away without any noise.
I'll go pay him a visit, Jimmy.
>> I'm ending it now, Danny. I can't see you anymore. I'm married, and the truth is, you're beginning to frighten me a little. I just need you to stay away.
>> That was identified as the voice of the victim.
>> Identified by her husband. Yes.
>> Where was this message found, detective?
on the defendant's voicemail recorded at 6 minutes past 9 on January 17th.
>> And according to the coroner's findings, when did Mrs. Holmstead die?
>> Her body temperature indicated that she died about 10 p.m. that same night.
>> Did you make any findings as to where she died, detective?
>> Our conclusion was that she died in her own bedroom. There were microscopic blood spatterings on her bed post as well as the carpet. The blood matched up genetically to the victim. We believe she was killed there and then moved.
>> Any other evidence lead you to this?
>> We also found microscopic blood splatterings in the defendant's car.
Blood that also belonged to the victim.
>> Thank you, detective.
>> Well, things really look bleak for our side, don't they?
Now, I imagine that's why you arrested my client. The phone message, the blood splatterings, the affair.
Well, come to think of it, that would be it, wouldn't it? I mean, that's your entire case. Blood, phone message, and affair, right, detective?
>> And his seaman, right? Well, I was sort of including that with affair.
Any weapon?
>> No. any evidence, physical, forensic testimonial, that my client was in the victim's bedroom that night? His semen.
>> Well, the coroner has already admitted that they could have made love earlier, maybe even someplace else. Do you disagree with the coroner on that, detective?
>> No. And this blood you're talking about, microscopic, you said. So, if you took all this blood and pulled it together, the blood you found both in her bedroom and my client's car, more or less than a paper cut, detective, probably less.
>> Gee, it doesn't look as bad for us as I thought.
>> Objection.
>> Is it wise to be smug, Joey?
>> Oh, Daddy, >> that was nothing. Ask Elanor.
>> Have they offered any kind of plea here?
>> Second degree?
>> Flaffable. What are you willing to take?
>> We thought an acquitt would be nice.
>> Yes. Besides that, Danny, would you consider manslaughter?
>> Joey thinks we can win.
>> This is Joey's first murder trial.
>> Bobby, >> he needs to hear that. Joey, >> you don't think we can win?
>> Yes. You have a shot here. But your lawyer's opinions are colored by his ego.
>> Bobby, >> this is what you get for making me second chair.
>> If you don't already know this, you need to as we go forward.
I've trusted Joey this far. I'm going to keep trusting him.
How is he?
>> He's good. The jury loves him. It kills me to admit it.
>> Admit what?
>> Hi, Helen.
Do you know I've been having these nasty little hetero dreams of you?
>> What?
>> Joey, the blood in the car is a problem.
I hope you don't plan to argue paper cut.
>> Oh no. The beloved husband is up next.
He's what you call plan B.
>> Wait a second.
>> He has no alibi.
>> It doesn't matter. Do you have any evidence that he killed her?
>> No.
>> Well, then you don't plan B. Not the widowerower.
>> Eleanor.
>> If you accuse the husband with nothing to back up the accusation, your client will get convicted.
>> I agree. Bobby. Eleanor. I recognize that I don't have your experience. But one thing I do know, plan B. That's where the practice of law is delicious.
>> Mr. Beluty, Mr. Matthysse, canceive now.
>> You can close the door, Pauline.
>> Yes, sir.
It's a conclusion of a rape crisis counselor that she was raped. She tells me she was raped and I believe her.
>> You believe her?
Your clients set me up, Mr. Beluty. She had relations only then to tell me what her occupation was and then she attempted to extort me.
>> Did she give herself the black eye?
>> Perhaps she did. I assure you I didn't.
Why are you here? The district attorney's office has to prove its case beyond all reasonable doubt. In civil cases, as you know, the burden is much less.
She makes for a credible witness. get to the punchline.
We settle now or sue you tomorrow.
None of those people would ever know.
On your way out, Mr. Baluterti. Take a glance at the artwork on the walls. We are a very rich law firm, Mr. Baluti.
It's a byproduct of having many excellent lawyers.
Go forward with this extortion. I'll deploy the attorneys here to destroy both your client and you. And that's not extortion.
No, it isn't because I didn't rape your client.
You may leave now, Mr. Beluty.
I thought maybe Jean was out with friends, though it wasn't like her not to leave me a message. Finally, around midnight, I began calling some of her friends. And then at 3:00 a.m., I phoned the police. Mr. Homestead. I know that this is very difficult, sir, but um did you have knowledge of your wife's affair with the defendant?
>> I had learned about it a week before.
>> And how did you find out, sir?
>> Jeannie had been in therapy and her therapist implored with her that she tell me.
>> And as a result of your finding out, you >> we had some very severe arguments ending with a recommitment by both of us to our marriage. And as for the defendant, >> she planned to break it off with him.
>> Do you know if she did that, sir?
>> She said she had three conversations telling him that >> Objection hearsay.
>> Withdrawn.
>> Joey, >> let it in. Eleanor, >> no. This is >> uh the objection is withdrawn, your honor. I think we should all hear this.
>> Would you continue, sir?
>> She said that he was having a difficult time accepting that they would not be seeing one another again. Gene even thought that she might eventually have to get a restraining order.
>> Why?
>> She was becoming afraid of him.
>> Did she use that word, sir? Afraid?
>> Yes.
She was concerned that he might try to hurt her.
>> Thank you, sir.
>> Well, now I wish we hadn't withdrawn our objection at all if I knew you were going to say that, Mr. Heric. So, your wife told you the things she had been discussing with her therapist?
>> Yes.
>> Had she engaged in any other affairs?
>> Not to my knowledge. No.
>> Had she talked to you perhaps about being unusually attracted to a younger man? An attraction that both she and her therapist considered unhealthy?
Mr. homestead. Did she tell you she had been sexually attracted to another man?
A younger man?
>> Yes.
>> A man that she had once even kissed?
>> Yes.
>> Sir, do you see that man in the courtroom today?
>> Yes.
>> Could you identify him for the court, please?
My son, her stepson.
>> Well, isn't this exciting?
>> Objection.
>> Withdrawal. Sir, how many hours were you home alone before notifying the police that your wife was missing?
>> I don't know. Around 5 hours.
>> Forgive me, sir, but I have to ask the question that's on everybody's mind.
Did you kill your wife?
>> Objection.
>> Overruled.
>> Obviously, it wasn't over like she said between her and my client. They found his sperm. She clearly lied to you. She has an affair. You learn she kisses her stepson, your son. Then you find out she's lying and still sleeping with the man she claims to be afraid of. If indeed she said that, only you know for sure. Did you kill your wife?
>> No, I did not.
I don't believe you.
>> Objection, >> Mr. Eric. Nothing further, your honor.
>> He doesn't need us, Bobby. He's not even letting us in on all of his cards. We're simply sitting in a courtroom as spectators to be impressed, which is exactly what his narcissistic disorder is all about. He needs other people to see his achievements in order for him to enjoy them. Well, we can't get out now, Eleanor.
>> We were just talking about you, Joey.
Nice little bombshell.
>> Wasn't it though?
>> Why didn't you tell us about it?
>> Oh, come on. It ruined the surprise.
Now, the question becomes, do I let Daniel testify? Things are going so well.
>> Does he have any skeletons?
>> Not that I'm aware of.
>> Then he has to testify. He has to explain the semen >> and the blood in his car.
>> I could rest now. argue they didn't make their burden.
>> Joey, things aren't going that well. You need to put them up there.
I'll do whatever you want. But Jennifer, we're not going to win this. He's prepared to put an army of lawyers on this. I think we should just let it go.
>> The man rapes me and I'm supposed to just let it go.
Mr. Beluty.
>> Yes.
>> First, I'm going to deny saying everything I'm about to tell you.
>> Okay.
>> I don't know if Mr. Matthysse did what you're saying he did.
But there's a junior partner at my firm.
He keeps asking me what's going on. And it's like he's too interested. You know, >> I think he knows something.
>> What's his name?
Like I say, we never had this conversation.
>> Jimmy, draft a complaint. Move for an emergency deposition to be taken prior to filing the complaint.
>> Can you do that?
>> Well, if there's a danger, the evidence could be lost. This junior partner will have a lot of pressure put on him. You need to get him in a room now and put him under oath.
>> Why not just file the complaint, council?
>> We're happy to do that, your honor. I would think the defendant would seek to explore ways of making this go away before we file since filing makes it public record. That kind of threat is evidence of the extortion.
>> Look, I have the automatic right to depose him after we sue. We're happy to take that route.
>> Mr. Baluti, don't insult me. The only reason you're not formally suing is because by doing so, your card is played and you lose leverage. This thing has a bad stench to it. But Mr. Miles, it's not a question as to whether he can depose this lawyer. This motion only covers timing. We're even willing to come to your place.
>> I'm going to allow the deposition.
But Mr. Beluty, like I say, I don't like the stench.
>> We had gone to a club at 6:00 p.m. It's a little early, isn't it?
>> It was an underground club, mostly gay, but a lot of heterosexuals went there primarily to have sex.
>> They had sex in the club?
>> Yes.
>> And you and Gene Homestead went to this club on the night of the murder? Yes.
>> Daniel, what did you do there?
>> We danced.
We made love.
>> What time did you leave?
>> Probably around 8 or 9. I drove her home.
>> Did you go inside?
>> No. I dropped her off, then I went home.
>> You never went back to her house?
>> No.
>> Well, did you receive her phone message?
No, that message was left on my business cell which she would know I wouldn't get. That message was left to set me up.
>> Objection.
>> Sustained.
>> Daniel, what about those microscopic traces of blood that were found in the backseat of your car?
>> I have no idea.
I She certainly been in the backseat of my car many times. Would sometimes we even made love there.
Anybody see you and Mrs. homestead at this club.
>> I'm sure people did. No one's come forward.
>> It's funny how not one waitress, not one bartender, not one patron remembers seeing you there.
>> It's a pretty crowded place.
>> Any witnesses to establish that you were home alone the night of the murder?
>> If there were witnesses, I wouldn't have been alone.
>> Ever been convicted of a felony, Mr. Carrington?
Once was many years ago.
>> What was it?
>> Assault.
>> Assault and battery. You beat up a girlfriend, didn't you, Mr. Carrington?
>> I pushed her.
>> Pushed her and she was hospitalized with three broken ribs. Wasn't she, Mr. Carrington?
Did you know about that conviction? So what? He was only 19 at the time.
>> It doesn't matter. That felony was reason enough to keep him off the stand.
>> You told me to put him on.
>> We didn't know he beat up a former girlfriend.
>> Well, the jury had to hear his story.
How about you letting us in on all the facts from now on?
>> Just Just help me prepare my closing.
>> I'll meet you back at the office.
I have no information whatsoever.
>> What's your relationship with Mr. Matthysse?
>> I work with him. We're both lawyers in the same firm.
>> Do you socialize together?
>> No, we do not.
>> Were you in the Palmer House Hotel on the evening of April 12th?
>> No, I was not.
>> Do you have any information concerning the events involving Mr. Matthysse on April the 12th?
>> Asked and answered. I will answer it again.
I don't know what you're talking about and I have no information.
>> Do you know Jennifer Cole?
>> No, I do not.
>> Ever heard of her before?
>> Only in connection with this lawsuit.
>> Okay, we're done.
>> You can go, Mark.
You also, please.
If you go forward with this lawsuit, Mr. Beluty, this is the counter claim that awaits you. Never mind abuse of process.
There are counts of liel, defamation of character.
>> You can't sue me for what I allege in a complaint.
>> Oh, we will. And truthfully, I hope we lose the first goround. That'll give us a chance to go to the appeals court, possibly the SJC.
I hope you like working on this case, Mr. foruty because for the next 3 years you'll have time for little else.
>> Sorry we're late. We were held up in court and we all wanted to come over together.
>> What is this?
>> This is an army, Mr. Matthysse.
>> See, you may have thought to yourself, nobody's going to take up the cause of a lowly prostitute. But you were wrong.
Jennifer Cole is a friend of this firm.
We care about Jennifer Cole. We stand committed to exercising Jennifer Cole's rights. I guess what I'm trying to say, Mr. Matthysse, if you want a war, you've got one.
>> You think you're ready to challenge the resources of this law firm?
>> Do some research. We've been up against big firms before and beaten them for a lot of money.
>> A reputation is a terrible thing to waste, Mr. Matthysse. You people are what give lawyers a bad name.
>> No. Lawyers who rape give us a bad name.
>> Look, we can fight or we can settle this. But like Eugene Young said, if it's a fight you want, you're in for a big one. And win or lose, you lose.
$175,000.
All conditioned on total confidentiality.
>> $175,000.
>> I think we should take it.
>> Okay.
>> We'll have to check tomorrow.
>> Thank you.
Thank you. Thank you all.
>> But Jennifer, listen.
This guy Matthysse, if he's capable of rape, we just left him pretty hot. I don't want you ever going back to the Palmer House.
>> I won't.
>> You have a little girl, Jennifer. She needs you. the other night. You could have been killed.
You need to start over.
>> I will, Jimmy.
And not just for her, but for you.
>> You don't owe me nothing.
>> I owe you my life, Jimmy.
And I'll never forget it.
She told her husband she feared Daniel Carrington. Feared that he might hurt her. And she's found dead. Dead with traces of Daniel Carrington's semen in her. Her blood is found in Daniel Carrington's car. Come on.
He previously beat up and hospitalized another girlfriend. All the evidence in this case points to him. And what's his story? They made love in a bar.
Nobody saw them in this bar. Not one patron, not one waitress or bartender.
There was a message from the victim breaking off the relationship. A message to the defendant left one hour before she was murdered.
There is no doubt here, ladies and gentlemen.
Daniel Carrington murdered Jean Holmstead.
I certainly understand the theory that Danny did it. His sperm, the blood, the phone message. It makes perfect sense to jump to that conclusion, doesn't it? But we don't jump to conclusions in murder trials. The evidence has to establish guilt beyond all reasonable doubt. Now, have they really done so here? They certainly didn't rule out that they made love at the club or that Danny was alone at home. And let's face it, we really can't rule out the husband, can we? He had motive, opportunity, no alibi. What about the stepson for that matter? H any stepson embroiled in an edible affair.
Certainly capable of twisted turns.
Doesn't even stop there.
Suppose Danny Carrington had another lover. No evidence to be sure, but they didn't even investigate that. And is it really that far-fetched?
The other lover gets wind of the little session at the club, goes to the victim's house, threatens her, forces her to make that phone call to implicate Dany, then he or she kills the woman, dumps her in the alley, knowing full well who the police will blame.
He or she even plants that little blood speck in his car.
Now, Danny is the obvious suspect, but it could have been anybody.
Maybe one of you, maybe the judge, maybe me.
Now, could have been a bonehead stupid murder by Danny or one of the more perfect variety by somebody else to frame him. The husband, the stepson, a female lover, a big gay sick lover, anybody.
The simple truth is we don't know.
Certainly not beyond all reasonable doubt.
They sent you with the check.
>> No, the check is coming by messenger.
Um, may I see you in private, Mr. Beluty?
I'm a man of conscience, which made yesterday one of the most difficult days in my life.
I lied in my deposition, Mr. Beleruty.
I had a hunch.
>> I don't think you had this particular hunch.
About 6 weeks ago, I met Jennifer Cole in the Palmer House. She passed herself off as a young advertising executive.
We got a room. whom we made love. After which she informed me that she was a prostitute and if I didn't give her $10,000, she would tell my wife or cry rape.
Here's a copy of my check.
There's nothing to be done now. Your case is settled.
But these are people with families, Mr. Beruti.
It's difficult for me to stay quiet knowing she's going to do this again.
>> Did you kill her?
>> Bobby, I was throwing out a hypothetical.
>> I don't think so, Joey. This totally fits your narcissistic disorder. The only reason we were at that table was to be an audience for that smile. You did it and you wanted us to know you did it.
>> You've been watching too much television.
>> Did you and Danny used to be lovers?
>> Well, now that you mention it, that's how I got the case.
>> I'm going to the DA.
>> Oh, please, Bobby. The jury's out. If we win, you've got nothing to say. If we lose, well, DA's just love to throw out convictions, don't they? I'm sure he'll be thrilled to listen.
>> I think you want to lose. That's why you put your guy on the stand with a felony conviction and that closing. Well, wait, wait. What was wrong with my closing?
>> It was ridiculous. Maybe the judge did it. Maybe a juror did it.
>> I also said maybe the lawyer did it.
That part you seem to believe.
>> You killed her.
>> Bobby. Bobby.
Bobby.
You think I'm evil?
>> You murdered his lover, framed him, got yourself put on as his lawyer to guarantee he goes away.
>> Well, I must say it does sound worthy of me.
Hi everybody.
What's the matter?
>> The name Mark Green didn't ring a bell with you, Jennifer.
You cast his check.
You did the same thing to him you did to Matthysse.
Here's your check.
Take it. Walk out of this office and never come back here again.
>> These people are rich, Jimmy.
It's expensive raising a child. And >> the biggest problem your child has is having you for a mother.
If I hear of this happening ever again, I'll go to the police and to social services to take that child away from you.
Take the check, walk out, and never come back.
I'm so nervous.
>> Will the defendant please rise?
>> Madam Fourperson, has the jury reached a unanimous verdict?
>> We have, your honor.
>> What say you? In the matter of the Commonwealth versus Daniel Carrington on the charge of murder in the first degree, we the jury find the defendant Daniel Carrington guilty.
>> We will appeal, your honor.
>> So noted. Members of the jury, this completes your service. Security, will you take the defendant into custody?
We're hereby adjourned.
>> Daddy, listen. Don't lose hope. We will keep trying. Yeah. Well, what happens now?
>> Come right in. We're going to start talking about our appeal. Now, Danny, don't lose hope.
>> Don't lose hope, Danny. Remember, in the end, it's a good world.
Well, guess you can't win them all.
If I can figure out a way to reveal what I know, I will.
>> Certainly. You know, the allegation that I tried to lose a case would be liable, per se. Listen, sometimes you have to accept unfortunate outcomes. All part of being a lawyer, isn't it?
Right, Ellie?
Well, if you'll excuse me, I'm going to go try to dig up some new clients, till we meet again.
Hey. Hey. Hey.
You stinker.
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