Alan,shirley.
Lorraine.
I suppose it was inevitable we'd finally bump heads a bit.
This was just assigned to us by the court.
Indigent client-- old lawyer jumped in front of a bus--
now he needs a new one.
Did you not commit this crime?
Why aren't you pleading this case out?
He's innocent.
Alan,you take over.
Me? What about jerry?
If there's a hope,it's not katie lloyd.
Katie lloyd will be my lawyer.
Dr.Rivers,several people have stated that joseph washington seemed obsessed with your wife.
- Did you ever see indications of this? - No.
He always struck me as a nice man.
We have what is called a presumption of innence in this countr
but I doubt ny of you presume joseph washington is innocent.
I mean,when you think about it,he was arrested and brought to trial
because the policeand the district attorney are quite convinced he's guilty.
And since the prosecution gets to go first,
the 12 of you might be equally predisposed,
if you're not already,long before the defense ever gets to present its side.
Stop.
Why make that concession?
Well,I thought better to share with them the idea it's okay to think he's guilty--
never concede that your client looks guilty and never give the jury permission to think so.
The police are serving up joseph washington because they've got nobody else.
That's why we're here.
A rich doctor's wife was killed in a safe neighborhood.
Somebody's got to go to jail,whether it's the right person or not.
But wouldn't it help our credibility if we admit,"okay,he looks guilty"?
But guilt is a legal term,katie.
It suggests that the prosecution has met its burden.
Maybe you should do this.
I would,but the client insists on you.
Or--or jerry.
No. You.
This thing starts in ten hours.
Are you a lawyer or not?
- I'm a lawyer. - Yes,you are.
The 12 people sitting in this box need to trust you when you say, "let my client go,"
and that will never happen if you don't trust yourself.
Shall we listen to it from the top?
Okay.
good morning,ladies and gentlemen.
We have what is called a presumption of innocence in this country.
I'm okay.
Oh,dear.
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Boston Legal Season04 Episode02
what do you mean,she fainted?
She didn't completely lose consciousness but--
where is she now?
At the courthouse. She went in early to get comfortable with the room.
And jerry?
Purring away.
He'll take the first witness and give katie time to find her sea legs,
and then he'll do the csing.
Alan,do--do they have any chance here?
If they can establish that the client and the victim were lovers,
it may allow them to point suspicion at the husband.
Can they establish that?
so far all they have is the client's word.
Katie is going to see the victim's therapist today.
Maybe he can confirm it.
I need to get to court.
Alan,wait a sec.
I just have to talk to you about something first.
- Who's suing you now? - N-nobody.
It's just,uh,with denise on extended maternity and things being busier here,
I've hired another associate.
Great. A woman,I hope.
Yes.
Who likes to be teased and tempted.
Loves it.
Then I can't wait to meet her.
well,you see,you have met her.
Al-alan,lorraine. Lorraine,alan.
Hello,alan.
Still looking well.
I--is this a joke?
Well,it's not a joke. She's a great attorney.
I--perhaps it's a little funny,but it's not a joke.
But funny. To whom?
Well,perhaps to me,and maybe lorraine sees the humor in it. Do you,lorraine?
It's an extremely gruesome death.
strangulation actually crushes the windpipe.
You know,the larynx.
it forces pressure into the eye sockets.
Sometimes the eyes have been known to pop out.
death can take up to two minutes.
To me,I've always thought it takes a parcular kind of sociopath to kill this way.
Shouldn't we be objecting?
I'd rather not.
I mean,think of it. You look at your victim.
You're staring into her eyes as you're squeezing the life out of her.
You watch her profound suffering.
It's the essence of depravity.
Thank you,doctor.
Your testimony smacked of psychology.
Are you a psychologist,doctor?
no.
Are you a behavioral scientist?
No.
I'm curious as to why you didn't just stick to medical findings then.
Do you have any medical findings that point to my client as the killer?
His semen was in the woman.
That's evidence of sex,not muer.
Evidence of rape.
Did your findings conclude a rape had occurred,doctor?
There was vaginal bruising.
Minimal vaginal bruing,according to your report,
which could be consistent with consensual intercourse,am I correct?
I suppose.
Nothing further.
what are you doing sitting back there?
I'm monitoring.
Do you have an answer yet?
To what?
Our baby.
Are we having one?
Gloria,I suspect the decision to have a child falls into the life-changing category.
Do you really mean to rush me,given the fact that it'S.
- me? - Yes.
We've been together long enough.
Are you in or out?
Can you imagine putting it to me like that?
Well,here's the thing about women,alan--
their eggs and their brain cells dry up all at the same time.
And here's the thing about that woman--
- she's a psycho. - Gloria?
She's a total nut job. Trust me on this.
Of course,you happen to go for total nut jobs.
Excuse me.
- Free for dinner? - I am.
Denny,could you excuse us,please?
I know this wonderful restaurant.
We could leave right now. We could take the elevator.
Denny,please.
Welcome to the firm.
Denny crane.
- Enchante. - Oh,my.
me,too.
I'm not stalking you,if that's your concern.
Why are you here,with that neck and those eyes and.
all the rest?
I came here to practice law,alan.
No need to worry about me.
Need we worry about you?
- we can't do this. - NeveR.
I really appreciate you seeing me,doctor.
I'm not sure it'll do you any good.
I understand you treated mrs. Rivers for about three years.
I did.
And during that time,did she ever mention a romantic relationship with joseph washington?
Ms. Lloyd,anything a client tells me is privileged.
Certainly you must know that.
Of course.
Doctor,I-I have enormous respect for your desire to maintain confidentiality,
but I have a client I believe is being falsely accused of murder.
If I cannot establish this affair-- and right now I can't-- he may very well be convicted.
I'm a bit desperate.
I'm sorry.
If you were to be subpoenaed and called to the stand,could I at least count on you to tell the truth?
Well,counselor.
you have no idea what the truth is.
That stuff'll kill you.
There's a great espresso cafe across the street. Much better.
Le-let me take you.
We could go down in the elevator and come back up.
Alan told you about our little encounter.
Mm,yeah,out of guilt.
He needed the comfort of a friend.
He's in a very serious relationship. You know this.
Your hand is on my hip.
Incidental contact.
Listen,alan has trouble with fidelity.
Oh,he can be loyal to his friends.
He would never betray me,for ample.
But womeN.
I try to help him as best I can.
Oh,he's lucky to have you.
Bottom line is he'd never be able to resist you for gloria--
those pouty lips,come-hither breasts.
The only way he'd be able to keep his hands off you is if you became involved with A.
a close friend.
Say his best friend.
Say me.
You're standing awfully close,denny.
Sleep with me.
for alan.
So the victim was in this condition and position when you arrived on the scene,detective?
Yes. We immediately recognized it as a strangulation.
Did you have any immediate leads,sir?
The neighbors saw the custodian,joseph washington,entering the premises around 5:00 P.M.
Upon searching his locker,we found traces of blood that ultimately matched that of the victim.
Upon questioning the defendant,he admitted to raping and murdering mrs.Rivers.
D.N.A. Analysis eventually positively identified the semen as being his.
Thank you,sir.
Are you okay?
yes.
if I may ask,was the blood found on the inside or outside of mr. Washington's locker?
The outside.
So if someone had endeavored to make it look like joseph washington had killed her,
they could've spattered a droplet or two?
He also confessed.
Yes,as I understand it,he protested his innocence for 36 hours,
all the while being sleep deprived,after which he voluntarily confessed.
The extent of this confession was,"okay,I did it.Whatever."
It was voluntary and genuine.
- Did you consider anybody else? - No.
He was seen entering her apartment around the time of the murder,
so our immediate focus was on him.
Once the semen was determined to be his and the blood on his locker was determined to be hers,
he became our only suspect.
And he confessed.
So he was the only one you really investigated?
Where'd you find this katie?
Not every great young lawyer comes out of harvard,alan.
Where'd she come from?
Harvard.
so are-- are we having a baby?
Denny talks.
Did you ever struggle with the question of having children,shirley?
Is it that you don't want kids,alan,
or the idea of having them with gloria?
I come from a long line of dreadful fathers--
my great-grandfather and my grandfather.
my father.
With each generation,they get worse.
And me,well.
you don't think you'd make a good father?
I think a child might get a little lost with me leading the way.
Jerry?
I'm very sorry to intrude.
Alan,we need to go.
Right.
Shirley.
I entered our apartment just before 6:00.
I called out to ann,but there was no response,
which was odd because we had planned to have an early dinner.
I went into the living room,and there she was.
Her eyes were bulging and open.
She was dead.
Sir,did you have any thoughts about who could've possibly done this?
I knew who did it.
Joseph washington.
and why,doctor?
My wife had recently complained to me that he had been paying her an unusual and untoward interest.
She felt he was becoming obsessed.
And she was becoming frightened of him.
Why would he lie like that?
I specifically asked him before,"do you have any reason to suspect joseph?"
And he said,"no." You heard him,jerry.
I did. Liar!Liar!
- Okay,both of you need to take a breath. - Liar!
Jerry,stay.
Witnesses lie. This one did.
Either because he is the real killer,
or the prosecution simply told him that they wobble on motive,
and he decided to bolster their case.
Husbands have been known to be biased against their wives' killers.
I didn't kill her.
So what do I do?
Well,you can call jerry to establish a lie,but in doing so,
he becomes a witness and would be disqualified as a lawyer.
I would simply accuse the doctor of lying,try to make him squirm.
I would also ask him if he knew that his wife was having an affair with joseph.
It's assuming a fact not in evidence,but so what?
The question itself will score.
Then cross him on time line.
Should I accuse him of being the killer?
That I wouldn't do. You can't prove it,
and we can't have you coming off as the bad guy since joseph already seems to have that well in hand.
- It doesn't sound like much. - You haven't got much.
All you can play for here is reasonable doubt.
And you have got to stay calm.
when I spoke to you,doctor,you said nothing about your wife feeling frightened.
In fact,you stated that she had madno complaints about my client.
I had made a decision not to cooperate with someone
who was trying to secure the freedom of the man who had raped and murdered my wife.
Doctor,did you know that your wife and joseph washington were having an affair?
I had no such knowledge.
You said that you went into your apartment just before 6:00.
Yes.
Video surveillance in the parking garag shows you entering the facility at 5:20.
What were you doing for 40 minutes,doctor?
Finishing up a phone call with a colleague on an oncology consult.
I spent the duration dictating my notes and conclusions.
Doctor,did you kill your wife and attempt to frame my client?
- Your honor- - overruled.
I did not kill my wife.
the question didn'teem to offend you.
The question doesn't shock me because you tipped your hand when you came to my office.
You revealed who and what you are then,counsel.
I have nothing further.
No redirect,your honor.
You may step down,doctor.
mr.Chase?
The prosecution rests,your honor.
I'm so sorry.
I just--I felt the cross was so utterly anemic.
D I remembered your advice about how a question alone could be effective,
and I-I just suddenly got the idea to accuse him.
You didn't remember the advice about not looking like the bad guy?
Okay.
joseph.
look at me.
My guess is second degree is still on the table.
- Now would be the time for- - no.
I could take the stand.
In which case,all your prior felonies will be introduced.
Well,I'm not gonna plead.
I didn't kill her. I won't say I did.
I'd rather spend the rest of my life in jail than.
I won't say it.
What about the victim's therapist?
I subpoenaed him. I have no idea what he'd say.
Do you have an instinct?
I think he'd tell the truth.
- The truth being they were lovers. - Yes.
you never,ever call a witness if you don't know what he or she is going to say.
But?
But I don't think you have any other choice here.
Do you swear to tell the truth,the whole truth and nothing but the truth,so help you god?
- I do. - Be seated.
good afternoon,dr. Wood.
It should be pointed out that you are here today courtesy of a subpoena.
- Is that correct? - It is.
In the course of your practice,did you treat ann harris rivers?
I did.
Without revealing content,did she discuss her marriage?
She did.
Uh,perhaps you want to stop there.
I could. But you struck me as a very principled man.
- And the idea of an innocent man going to prison- - objection.
Sustained.
Doctor,did mrs. Rivers ever discuss my client joseph washington?
She did.
And what did she say?
Your honor,she's asking the witness to break privilege.
The patient is dead. Privilege can be waived.
I'll allow the question.
Doctor,what did mrs. Rivers tell you about my client joseph washington?
Please answer the question,doctor.
She said that she and mr. Washington were lovers.
I have no further questions.
I didn't proposition her. I merely asked her to sleep with me.
Denny,how would you feel if i asked shirley to sleep with me?
Well,uh,shirley is the great love of my life.
Lorraine is somebody you rode in an elevator.
Oh,no,no,no. She's much,much.
I don't want you coming on to her.
Oh,great.
How's gloria?
I'm not talking about gloria. I am.
When are you gonna tell her you really love lorraine?
Lorraine was an affair.
There's a big difference between that and a committed relationship.
Yes. Affairs usually last longer.
- Oh,and now who's the cynic? - I am.
You're the romantic. You love lorraine.
I do not love-- excuse me.
You--you said you wanted to see me.
Yes.
Denny was ju leaving.
- No,I wasn'T. - Yes,you were.
Big kahuna. Name on the door.
katie.
on the heels of the therapist's testimony,
I think you may have enough for reasonable doubt.
Really?
You may.
The question obviously is.
whether to call joseph to the stand.
He's the only one who can explain the confession.
True,but once he gets in that chair,the floodgates open on his priors,
which is why my gut says don't call him.
My gut says otherwise.
I beg your pardon.
Katie,he doesn't have the most.
pleasant demeanor.
When I first laid eyes on him,I saw a beast.
That may very well be what the jursaw
and--and perhaps still sees.
But when I listened to him,
when I talked to him,
I got a glimpse of his humanity.
and believe it or not,his gentility.
I'd like to afford the jury that glimpse.
I'd like them to see how deeply,deeply human this man is.
You really think you've got an innocent man here.
I know I do.
Then call him to the stand.
The affair had to be very secret.
She didn't want anybody to find out.
We always met at her apartment.
On the evening of her death,you were there.
I arrived just before 5:00 and left a little before 6:00.
And what happened whilst you were there?
We were intimate.
You made love.
Yes.
Mr.Washington,after her death,the police arrested you,and you confessed to this crime.
Can you tell us why?
The lice kicked in my door,told me I did it,put me in a room,
and then after keeping me awake for two days,
making me drink coffee,not letting me sleep--
did you tell them that you and the victim were lovers?
They didn't want to hear none of that.
They kept saying that they were not gonna let me out of that room until I said I did it.
Finally,I.
I just gave up.
You know,they had their minds all made up,and I just wanted them to leave me alone.
So I said,"whatever."
Then they gave me a lawyer,and he didn't want to hear the truth either.
He just wanted me to plead guilty so he could be done with it.
Same with the lawyer after him and the lawyer after him.
So you confessed to something you did not do.
I confessed to something I did not do.
Mr.Washington,you were convicted of rape in 1985?
Date rape.
And I was innocent.
I-- you were convicted? Yes or no?
I'd like to explain.
Go ahead.
She was 16.
I was 17.
She was my girlfriend,and she was white.
Her father.
walked in on us.
while we.
she.
she claimed that I raped her,but I did not.
So you were convicted of rape in 1985.
You were convicted of armed robbery in 1989?
I was a drug addict back then.
You were convicted of armed robbery,yes or no?
Yes.
You were convicted of aggravated assault in 1991.
I was attacked in prison.
I fought back.
So you were not at fault in any of these arrests?
How did mrs.Rivers' blood get on your locker?
Someone put it there.
I-I was framed.
Really? There were only microscopic traces.
If someone had wanted to frame you,
shouldn't it be visible to the naked eye?
Whoever did it was smart.
Got it.
So.
in review-- didn't do this one,you were framed.
You didn't commit the rape.
The victim made it up.
As for the robbery,you were on drugs.
Aggravated assault-- self-defense.
I loved ann rivers.
Move to strike.
Oh,you don't want to hear that.
- Your honor- - mr.Washington,there's no--
the police didn't want to hear that.
All anybody wants to hear is that I killed her.
Well,I did not kill her.
And I don't care if everybody's mind is made up.
I did not take this woman's life!
Joseph.
I am innocent of this crime.
Lorraine.
Getting settled okay?
I am.Thank you.
Finding everything okay?
Finding denny okay?
Denny seems to keep finding me.
I'll speak to him.
Sure.
Anything else?
Jerry.
it's almost midnight.
I'm visualizing my closing.
You ready?
I'm thinking of using the wooden cigarette.
I'm not sure without it.
Well,you're very good with the cigarette prop.
But I think you're at your.
best when you.
speak as yourself.
You need to be at your best tomorrow,jerry.
You're not going to win this with razzle-dazzle.
Speak to them from your heart.
Do you believe in your client?
I do.
I really do.
Well,then tomorrow,you simply need to believe in yourself.
You were wrong with shirley.
I'm sorry?
I think you would make a wonderful father.
I can't imagine a better parent to lead the way.
Thank you,jerry.
I guess if we were to accept mr.Washington at his word,
he would be the most unlucky guy I know.
Dating a girl in high school,she accuses him of rape so she wouldn't get in trouble with her dad.
That's unlucky.
Becomes a drug addict,can't feed his habit unless he robs someone.
Bad break there.
In prison,he's forced to split a man's head open.
Another unfortunate bounce.
Then the woman committing adultery with him just happens to turn up dead,
and she gets killed around the same time that he's in her apartment having either consensual or nonconsensual sex with her.
Could he be any more cursed?
Well,actually.
I guess so.
Traces of her blood were found on his locker.
Now what are the odds of that?
Now with all this bad luck working against him,
this sure would be the wrong time to confess to something he didn't really do,wouldn't it?
Now how pathetic.
how desperate that they stoop to accusing the victim's grieving widower?
But I guess that falls in line with the rest of their logic,doesn't it?
I mean,it's not the man with the violent,criminal past who was last seen with her,no.
It was the man with no criminal reco,the one with no motive,the one who cures cancer for a living.
We just arrested joseph washington because we're evil.
Now you need to go into that room and decide who is evil.
Mr.Washington isn't here today because he's a little down on his luck.
He.
committed.
murder.
The fact is,while the police and the prosecution were maintaining rape,
while they summarily dismissed the notion of my client and the victim being lovers,they were.
Ms.Rivers' therapist confirmed what joseph washington had been saying all along,
what the police refused to so much as consider.
The fact is,my client was not the only person there at the time of the murder.
Dr.Rivers was there.
The fact is,he entered the building 40 minutes prior to my client leaving.
He says he remained in his car dictating some notes.
Perhaps he was biding his ti,waiting for the man he knew to be having an affair with his wife to leave.
Mr.Chase maintains dr.Rivers had no motive.
That simply is not true.
If he knew his wife was being unfaithful,that's motive.
The fact is,dr.Rivers never told the police
he'd been waiting inside the building for almost 40 minutes.
He never told anybody.
We discovered that by looking at security tapes.
The fact is,he lied.
He admitted lying to us when wquestioned him about joseph washington.
The fact is,the prosecution cannot rule him out as the killer.
The fact is,as detective berenson testified,
they never investigated anybody other than my client because they simply presumed joseph washington guilty.
The police,the prosecution,
they're human,and they make mistakes.
They made one here.
Now in order to gain a conviction,the prosecution must prove guilt beyond a reasonable doubt.
That's a very high standard,one we hold dear,
one we set because we know once we start allowing people to be convicted with less,
it doesn't simply make prison more likely for the guilty,
but the innocent as well.
And the idea of an innocent man losing his life for something he did not do.
we have such an innocent man here today.
Many of us went to law school for this very privilege,
to at least once stand up in court for the innocent man.
It is my heartfelt privilege to be representing joseph washington today.
And even if you should be so inclined as to simply presume his guilt,
as does the prosecution,you must admit reasonable doubt exists.
Another man was there at the time,a man who had motive,
a man who wasn't totally forthcoming with the police,
a man who admittedly lied to us,
a man who waited in his car until joseph washington left.
You simply cannot deny reasonable doubt exists.
Some closing from your friend.
Yes.
I can't have a child with you,gloria.
okay.
Every woman I have ever loved,I have stopped loving.
But with a child,I think I'd probably endeavor to stay.
And with each ensuing day,I would become.
less and less.
myself.
Good-bye,alan.
Good-bye.
So how long does it usually take?
It can vary.
Whatever happens.
I want to thank you,the both of you.
Not long ago,I had given up on the idea of anybody believing me,believing in me.
they've reached a verdict.
- What? - It's been 30 minutes.
Let's go.
Let me warn everybody this room.
I will tolerate no disruption following the reading of the verdict.
This verdict is unanimous?
It is.
The defendant will please rise.
I shall remind everybody there are two counts.
Until the foreman renders the verdict on both counts,
let neither side celebrate prematurely.
Mr.Foreman,hat say you?
Inhe matter of the commonweth of massachusetts vs.
Joseph washington on the charge of murder in the first degree,
we the jury find the defendant.
not guilty.
in the matter of the commonwealth vs.
Joseph washington on t charge of murder in the second degree,we find the defendant.
not guilty.
members of the jury,this concludes your service.
The defendant is free to go.
We're adjourned.
Congratulations,katie.
Thank you.
Well done,jerry.
Joseph,did you hear the last part?
You're free to go.
It's over?
Just in time,'cause I'm about to vomit.
thank you.
Ank you so much.
give us a moment.What is it with you leeches?
Did you crowd scooter like this?
I'm sorry.
But I'd appreciate it if you didn't leave the jurisdiction,okay?
- For god sake. - Haven't we been through enough?
Is that a problem?
No.
I can't believe they won.
Denny,you should've seen jerry.
He was brilliant.
So was the new girl.
you and gloria leave it as friends?
No.
It's sad,how you go from intimacy to nothing,cold turkey.
I mean,how many people along the way have true meaning in your life?
And to suddenly have no contact after.
it's sad.
Alan.
maybe lorraine is here for a reason.
I'm not going there.
Not a chance.
I was thinking I was the reason.
I don't like this dibs thing.
There's gotta be a statute of limitations on--
there isn'T.
You have my word.
I'll never frolic with bev or bethany.
Or shirley.
Shirley's involved.
What are you talking about?
Don't you ever wonder what carl sack's reason for being here is?
Shirley.
and carl sack?
I'd put money on it.
I'd shoot him.
You really think?
I do.
I don't think I can handle that.
I.still love her.
And in my heart,I-I-I.
I still believe she's the one.
After five or six wives-- whatever the.
count-- you still believe in "the one"?
That's the only belief that really matters.
Shirley.
and carl sack.
Maybe she's using ca sack to get over me.
Must be that.
Love is an ugly business,my friend,ugly business.
and yet we live for it.
Well,as you say,maybe it's thenly thing that really matters.
Ugly business.
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