Written by: Jill Goldsmith and Alfonso H. Moreno
Directed by: Jeannot Szwarc
I do not own the characters in this story, nor do I own any rights to the television show 'The Practice'. They were created by David E. Kelley and belong to him and David E. Kelley Productions.
This is not a novelisation or a script. It is a straightforward and dry transcript of the episode 'Home Invasions'. It also includes descriptions of the settings and camera movements where I felt they were needed. I am not making any money or any other benefit off this, it is purely for fun.
I made every effort to accurately transcribe the dialogue from this episode. If you notice anything that has been transcribed incorrectly, please email me, and I will post an update.
This transcript was written by Ryana.
The office, it's morning. Jimmy and Lucy are the only ones there. Jimmy is staring at Lucy. She catches him and looks at him strangely.
Jimmy: (nervously) Bobby come in yet?
Lucy: No, not yet. What's wrong, Jimmy?
Jimmy: (still nervous) Nothing.
Lucy sighs and turns back to the mail. Bobby walks in and Jimmy charges up to the door.
Jimmy: Bobby, can I see you a second?
Jimmy: (nodding) Now.
Bobby: What's wrong?
Jimmy follows him in and carefully closes the door behind them.
Jimmy: I was on the Internet last night. You know, just killing time. In the privacy of my own home. I don't know what I was thinking.
Jimmy: I clicked onto a web page. It was about hidden cameras. I figured, what the heck.
Bobby: What, you saw some girly pictures?
Jimmy: Videos. And not just any girly videos. Lucy was in them.
Bobby: (shocked, and probably a bit too loudly) Lucy? (he glances out of the window towards the main office, and lowers his voice) Our Lucy?
Jimmy: (nodding) Yeah.
Bobby: You sure?
Jimmy: (indicating the notebook on the table) I downloaded it. (Bobby looks at him) To show you.
They sit down. The video shows a bathroom. Lucy walks over to the shower, dressed in a robe, and turns it on.
Jimmy: It's kind of like Psycho. (quickly) Nobody gets hurt, or nothing.
Back to the video. Lucy takes of her robe and steps into the shower.
Bobby: That's not Lucy. I mean, that's Lucy (indicating the video), but she wouldn't, um...
The video shows Lucy beginning to wash herself.
Bobby: Turn it off.
Jimmy: There's more...
Bobby: (warningly) Jimmy.
Jimmy turns it off.
Jimmy: What should I do?
Bobby: You gotta tell her.
Jimmy: Maybe, you should tell her.
The door to Bobby's office opens suddenly. Both Jimmy and Bobby jump.
Lucy: Just bringing in the mail.
Bobby: (standing nervously) You can, uh, just, uh, just put it on the desk.
Jimmy: Yeah, right on the desk. The desk is good.
Lucy: (slightly confused) Okay. (she walks slowly into the office) What's wrong?
Bobby and Jimmy: (very quickly) Nothing.
Jimmy: (trying to sound calm) The desk is fine.
Bobby: (snatching the mail) I'll take the mail. (he throws it on his desk)
Lucy: (very confused) Okay. (she slowly walks out the office and looks at them strangely the whole way)
Bobby: (emphatically) I don't think I can ever look at her the same again.
Jimmy: (equally emphatically) I know I can't.
Gary Armbrust: I already testified once.
Helen: That was at the prelim. I explained this, Gary.
Gary: You can't just go with the other witnesses?
Helen: You're the only eye-witness.
Gary sighs in frustration.
Helen: You wanna go over it again?
Gary: No, I got it. I'm okay. (he rises to leave)
Helen: Gary. I know this is hard.
Gary: (disbelieving) You know? Ever see your mother get shot, Miss Gamble?
Helen: (pauses) I'll try and keep it short.
Gary: Does my father have to be there?
Helen: Gary, he's the defendant.
Bobby's office. Lucy is watching the video with tears in her eyes.
Bobby: (awkwardly) So, you didn't know about this?
Lucy just looks at him.
Bobby: I didn't think so.
The door opens and Lindsay comes in. Lucy quickly closes the lid of the notebook.
Lindsay: Hey. What's going on?
Bobby: (gently) Um, Lindsay, could you excuse us for a sec?
Lindsay: (nods) Oh, sure. (she leaves and closes the door)
Lucy: (very upset) How could this happen?
Bobby: You never made any videos?
Lucy: (firmly) No.
Bobby: And you don't have any roommates. Okay. Let's go check out your apartment.
Detective: When I arrived at the scene, I found the defendant, Gordon Armbrust, seated on the living room sofa, with his head in his hands.
Helen: What else did you see, detective?
Detective: The victim, Charlotte Armbrust. She was lying on the floor.
Helen: Her condition?
Detective: She'd been shot once in the chest at close range, as was indicated by the powder residue around the entry wound.
Helen: Was she alive at that time?
Detective: The paramedics were unable to revive her and she was pronounced dead at the scene.
Helen: Detective, were you able to recover a weapon?
Detective: Yes. From the floor of the same room, several feet away from Mrs Armbrust, I recovered a 38 special revolver, registered to the defendant. Gun residue tests revealed he had fired the weapon.
Helen: And in the course of your investigation, did you determine if anyone had witnessed the shooting?
Detective: Yes. The victim's son, Gary Armbrust, had been present, and gave a full account of events.
Helen: What did you do at that time?
Detective: I placed the defendant under arrest for murder. His shirt was splattered with blood, and that was sent to the crime lab for testing and analysis along with the gun.
Arnold (defence counsel): So you spoke to, and had an opportunity to observe Gary Armbrust at the scene?
Arnold: And, according to your report, you observed his eyes to be bloodshot and his speech to be slightly slurred.
Detective: He'd just witnessed his mother's murder. He'd been crying, and was extremely upset.
Arnold: These symptoms are also consistent with someone under the influence of drugs, correct?
Detective: Sometimes, yes. But he didn't appear to me to be under the influence of anything other than grief.
Arnold: He was never drug tested?
Arnold: And Gary Armbrust's account of these events played an instrumental role in your decision to arrest his father for murder?
Arnold shakes his head and returns to his table.
Lucy's bathroom. She is looking on while Bobby removes a grate from her ceiling.
Bobby: Look at this. There's a VCR up here too. Must be on some kind of timer. We should just leave it as is and show it to the police. (Lucy closes her eyes as Bobby comes down the ladder) In the meantime, is there another place that you could stay? (Lucy doesn't answer and keeps staring at the ceiling) Lucy?
Bobby: Is there some place else you could stay?
Lucy: Yeah. With my dad.
Bobby: And you have no idea who could be doing this?
Lucy: (sighing) No.
Bobby: (sighing too) Okay. Look, I know you don't want anybody else to find out, but I'd like to bring in Eugene, Lindsay -
Lucy: (firmly) No.
Bobby: Lucy -
Lucy: I don't want them all to know, Bobby.
Bobby: It'll stay within the firm. Lindsay's pretty up to speed on computers, and I'll need Eugene to knock on some doors. Let us help you.
Lucy looks away, unhappy, but resigned.
Mrs Ronish: Charlotte was my closest friend. I knew he was gonna do something like this.
Helen: Why do you say that, Mrs Ronish?
Mrs Ronish: Their marriage was falling apart. She was planning to leave Gordon, and his ego couldn't take it.
Judge B Watson: Sustained.
Helen: Did you ever hear the defendant threaten her?
Mrs Ronish: Yes. About a week before her death, I stopped by their house to pick Charlotte up for a yoga class. She hated that class, because she didn't think it was really exercise.
Helen: I know this is difficult, Mrs Ronish, but we need to know about the threat.
Mrs Ronish: I'm sorry. Yes, well, when I got there, no one answered the door, so I opened it a little. To call for Charlotte, because I knew she was expecting me.
Helen: What did you see at that time?
Mrs Ronish: Gordon was holding Charlotte's arm, she was trying to pull away. And he said if she left him, she wouldn't even live long enough to regret it.
Helen glances at the judge and returns to her seat.
Arnold: (rising) More accurately, Gordon said that he didn't want her to leave him and their son, whom he believed had a drug problem and needed both parents.
Mrs Ronish: Well, yes, that's true, but it was still a threat.
Arnold: And you were so concerned the threat you overhead might be real, you immediately contacted the police.
Mrs Ronish: No. That was my mistake.
The hallway. Helen comes out of the courtroom.
Gary: Miss Gamble.
Helen: Hi Gary. How you doing?
Gary: Ah, I guess I'm okay. I need to talk to you about my testimony.
Helen: Well, you wanna come back to my office and we can run through the questions again?
Gary: Un, no, that's all right, it's just that -
Helen: What is it?
Gary: Look, I don't really know how to say this, but part of what I told you isn't true.
Helen: (dangerously) Which part?
Gary: The part about my father murdering my mother. I lied.
Helen does not look happy.
Gary: It was an accident.
Helen: (angrily) Then why did you tell the police it was murder?
Gary: I don't know. I was angry.
Helen: You need to be better than that.
Gary: My father and I were in this fight. He was so paranoid, thinking I was using drugs. I finally got fed up.
Helen: Your father's fingerprints are on that gun, not yours.
Gary: I had flipped out. I guess he thought I was gonna attack him or something, because he went and grabbed the gun he kept in the end table
Helen: Your own father pulled a gun on you?
Gary: Yeah. And I charged him and that's when the gun went off.
Helen: If that's the truth, why would you have even accused him in the first place?
Gary: I guess I was kind of in shock. And I thought that if he went away for this then, maybe he'd finally be out of my life.
Helen: You really expect me to believe this?
Gary: I know it sounds crazy, but that's what was going through my head.
Helen: Yes. And why would you wait 'til now to change your story?
Gary: I just couldn't go through with it. And this is not a story. This is the truth. I was there, you weren't.
Helen: But I was at the preliminary hearing where you testified that your father shot your mother.
Gary: And that wasn't the truth.
Helen: (sighing) Have you talked to your dad recently?
Helen: Look, I understand you might not want to send your dad to prison, but -
Gary: But he didn't do it! I did.
Donnell, Young, Dole and Frutt. Lindsay is working on a computer. Lucy walks past and see what she's doing.
Lucy: You don't have to watch it, Lindsay.
Lindsay: No, I'm just trying to find out how many web sites it's been uploaded onto.
Lucy: (in disbelief) You mean, that there's more?
Lindsay: (trying to be tactful) I'm afraid you're pretty popular.
Lucy looks upset. Jimmy glances over and looks away.
Lucy: How many times did you watch it, Jimmy?
Jimmy: (uncomfortably) Not too many.
Rebecca shakes her head. Helen enters.
Lindsay: (in surprise) Helen. (she fusses around her desk for her diary) Are we on for lunch?
Lucy jumps and reaches past Lindsay to switch off the monitor. Lindsay looks at her in surprise.
Helen: No. Um, I actually came to sort of, hire a lawyer. (Lindsay looks at her, surprised again) Ellenor. (Ellenor looks up in surprise, and then glances at Lindsay)
The conference room.
Helen: Basically, he's recanting now to save his dad. Which, since he could now face perjury, makes me think he needs his own lawyer.
Ellenor: And the reason you want it to be me?
Helen: I want you to scare him. Make him realize how serious perjury is.
Ellenor: Well, Helen, if I represent his kid, I'd be working for him, not you.
Helen: I realize that. I just want him to hear the legal consequences of recanting from a defence attorney. His best interests are also mine.
Ellenor: And you don't think he's telling the truth now.
Helen: No way. His story has been completely consistent up until now, his statement to the police and the preliminary testimony corroborate the physical evidence... This case is tight. Will you at least talk to him?
The office. Eugene enters.
Eugene: Locks have not been tampered with, no sign of break in through the windows.
Bobby: What about from above the shower where the VCR was?
Eugene: It's a secured crawl space. This was done by somebody with access. You had any parties, Lucy? Friends over?
Lucy: I have friends over sometimes, but I -
Lindsay: What about that Boston Celtic guy? Basketball player, what's his name? Hot rod?
Eugene: (witheringly) Rodman?
Jimmy: What about friends?
Lucy: None of my friends would've planted a camera.
Ellenor: (coming out of the conference room) New case. No money.
Helen: It's a favour. The Commonwealth thanks you. (Helen leaves, Ellenor takes her coat and follows her)
Lindsay: Oh, my god...
Lucy: Now what?
Lindsay: It isn't you, it's Jimmy.
Everyone comes over to look
Lindsay: I just tapped into the Boston Buff web site to see if we were listed, but, damn, I lost it.
Eugene: What's Boston Buff?
Lindsay: The Boston Buff Society. Court buffs. They're basically retired people who follow trials, and they rank lawyers. Here it is. Seems like they're into gossip now.
The screen shows a picture of Judge Kittleson and a picture of Jimmy
Lindsay: (reading) Attorney James Berluti has been making a little chamber music with Judge Roberta Kittleson.
Jimmy: What? That's ridiculous!
Lindsay clicks on "hot gossip" and four pictures of Jimmy and Judge Kittleson kissing in an elevator appear. Bobby, Rebecca and Eugene look at Jimmy.
Jimmy: That's, that's trick photography!
Lindsay clicks on one of the pictures to enlarge it.
Bobby: (looking at Jimmy suspiciously) Jimmy, in my office.
Eugene and Rebecca look at each other.
Judge Watson's chambers.
Arnold: Her own witness is now backing my client's story, and Miss Gamble is the only one saying he's guilty.
Helen: He's changing his story out of some warped sense of loyalty to his father.
Arnold: Helen, he was your whole case, and now you've lost him.
Judge Watson: Do you have any additional witnesses?
Helen: I don't need any. Gary Armbrust's testimony is coming in just like it did at the prelim.
Arnold: W-wait, what am I missing here?
Helen: If he takes the stand and changes his story, I will charge him with perjury.
Arnold: That is extortion!
Helen: No, it's called leverage. To protect against witness manipulation.
Arnold: The only one manipulating here is you!
Judge Watson: Look. You can cross the kid however you want, but she can certainly call him.
A room somewhere, maybe at a prison.
Gary: What if I just plead the fifth?
Ellenor: Well, you can do that, but it really won't help your dad. If you plead the fifth amendment, it basically means your testimony is unavailable, which means the DA can then introduce your testimony from the prelim.
Gary: And you're saying that if I change my story, she can put me in jail.
Ellenor: It's a very real possibility, yes. (there's a pause)
Gary: What do you think I should do?
Ellenor: Well, I would normally advise you to tell the truth. But if the truth is something different from what said at the prelim, telling the truth would expose you to perjury charges.
Gary looks at her, and then away as he composes himself.
Gary: He's my dad. He just got angry, you know...
Ellenor: Gary, if he's a murderer, me? I'd ditch the sentiment and save myself.
Gary: (plaintively) He's my dad.
Bobby: (angrily) You're sleeping with her!
Jimmy: It's my own private life!
Bobby: Not anymore, it's on the Internet. Jimmy, she's a client.
Jimmy: Was a client. It started after her case -
Bobby: She's also a whacko. Did you know that?
Jimmy: She's not a whacko.
Bobby: Jimmy, she is.
Jimmy: She's a great judge. One affair with a clerk doesn't make her -
Bobby: She pulled me into chambers and told me she was having erotic dreams about me.
Bobby: Yes. While I was in trial with her she calls me into chambers and tells me she's having sexual fantasies about me. Then she hit on me. Jimmy, she has OCD. (Jimmy looks blank) Oral compulsive disorder?
Jimmy: (shrugging) Look. I don't know with you. But me and her, we're consenting adults. We're… Consenting adults!!!! (he storms out of Bobby's office and shuts the door)
The main office. Lindsay and Rebecca are still at the computer. Jimmy enters.
Rebecca: (amazed) More?
Lindsay: She's been through half the Massachusetts Bar!
Jimmy: Hey. (he marches up to the computer and flicks it off. Rebecca and Lindsay just look at him as he heads for the door)
Rebecca: Isn't she a little, what's the word?
Rebecca: Yeah, old. Isn't she a little old for you?
Jimmy slams the door.
Rebecca: Did he even take his coat?
Lindsay looks at her while she turns the screen back on, and Rebecca shrugs. Then they both lean back in over the computer.
Ellenor: If called, he will testify that it was an accident.
Helen: He understands I'm gonna have him arrested for perjury?
Ellenor: He understands. Timely recantation. It's possible we can beat perjury.
Helen: (shocked, grabbing Ellenor by the arm and pushing her into a corner) Did you tell him that?!
Ellenor: Helen, he's my client. I'm sorry.
Helen: Ellenor, you tell him he's afraid of the wrong person. He's afraid of his father, he should be afraid of me, cause he'll do time.
Helen: I won't let him do this.
Ellenor: Take it easy.
Helen: I'm calling him, Ellenor. I'm putting him up there.
She begins to walk away but is intercepted by Arnold.
Arnold: Any new developments?
Helen pauses as she composes herself.
Helen: I'll give you voluntary manslaughter.
Arnold: You should be dismissing.
Helen: I've got threats, fingerprints, residue, trace metal -
Arnold: Yeah, but if the boy's saying accident…
Helen: How do you know what he'll say? You been tampering the witness, Arnold?
Arnold: Well, I'm assuming he's not going to say self-inflicted, Helen. What else does that leave?
Helen: Voluntary manslaughter. Take it or leave it.
Arnold: (as if to say 'duh') Leave it.
Helen leaves. Ellenor and Arnold just look at each other. Arnold shrugs.
Judge Kittleson's chambers.
Judge Kittleson: (furiously) Don't you dare just barge in on me like this.
Jimmy: Just tell me. Yes or no.
Judge Kittleson: To which question? Did I have a dream about Bobby? Yes. So what?
Jimmy: What about the other… (he trails off) How many lawyers have you been with?
Judge Kittleson: That is certainly none of your business. You wanna tell me how many women you've been with?
Jimmy: You heard of the Boston Court Buffs?
Judge Kittleson: Of course I've heard of them. They fill half the room sometimes.
Jimmy: Well, they got a web site. With a program. It talks about you and me. It's got a picture of you and me on the elevator. It also has head shots of all the other lawyers you've been with, they say, sexually.
Judge Kittleson: What do you mean, it's got a picture?
Jimmy: (nervously pacing and shrugging a lot) There must be some security camera on the elevator. How they got access who knows, but -
Judge Kittleson: There's a picture of you and me?
Jimmy. Kissing. And there's pictures of other lawyers. Just head shots, but it says you've been with them.
Judge Kittleson: (sitting down, stunned) This is on the Internet?
Judge Kittleson: What else does it say?
Jimmy: I don't know. I didn't really want to look. I came right over here.
Judge Kittleson: Got a picture of you and me kissing?
Jimmy: From the elevator. (he sits)
Judge Kittleson: (turning to her computer) What has - How do I find this… this web site?
Jimmy: I don't know. Lindsay found it.
Judge Kittleson: (turning to her phone) What's her number?
Jimmy: She's probably home by now.
Judge Kittleson: (sighing) What's her number?
Night time. Helen and Lindsay's apartment.
Lindsay: (on the phone) I'm not online here, Jimmy. Can I tell her tomorrow? (we can faintly hear Jimmy's voice) I don't know! I had to find it. Look, I'll give it to her first thing, okay? (she hangs up, and walks to the couch, where she sits down next to Helen.) He told Judge Kittleson.
Helen: (absently) Big mistake.
She is interrupted by the newsreader, announcing a piece on Helen's murder trial. Helen and Lindsay both turn to look.
Newsreader: Meanwhile, in the Armbrust murder trial, rumours that the chief prosecutorial witness is changing his story. If true, the prosecution may be in trouble.
Helen: (under her breath) Great. Just great.
Newsreader: You recall Gary Armbrust was the one who identified his own father as the killer. Now it seems he's prepared to testify it was an accident.
The television screen shows a not-too-flattering artist's interpretation of Helen (in fact, it makes her look slightly like Cruella DeVil from 101 Dalmations). She charges up from her seat.
Helen: Oh, my god!!! Look at what they've done!!! How could they do that to me??!!
Lindsay: All right, relax.
Helen: (incredulous) Relax??!! You relax!! I'm about to lose a murderer, now they've got me looking like Leona Helmsley (sp?) meets the Wicked Witch?? I'm not gonna lose this!!! I'm not losing this.
She stalks away. Lindsay leans back against the couch with a sigh.
Helen and Lindsay's apartment, it's morning. Helen is working at the table.
Lindsay: (coming in) Oh, no. Not again.
Helen: I'm screwed. If I call him, I'm dead, if I don't -
Lindsay: What are you gonna do? Do you know?
Helen doesn't answer.
Judge Watson: Miss Gamble, call your next witness.
Helen doesn't answer.
Judge Watson: Miss Gamble?
Helen: (rising) The Commonwealth calls Gary Armbrust.
Gary and Ellenor rise from their seats in the gallery.
Judge Watson: Members of the jury, the witness will be accompanied by his own attorney for the purposes of this testimony. You are to consider what the witness offers as evidence and you are to draw no conclusions whatsoever by the fact that he has a lawyer with him.
Bailiff (I think): Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?
Gary: I do.
Bailiff: Be seated.
Helen: Could you please state your name for the record?
Gary: Gary Armbrust.
Helen: Gary, the oath you just took, you understand the meaning of it, do you not?
Gary: I do.
Helen: You understand that you testify today under the pains and penalties of perjury, do you -
Arnold: Objection. She's trying to intimidate this witness.
Helen: I'm merely making sure the witness understands his obligation to tell the truth.
Judge Watson: Given that the witness has a lawyer sitting with him, I think we're safe, Miss Gamble.
There's a pause.
Helen: Your own father is the defendant. Is that correct?
Helen: And it was your mother who was shot and killed. Also correct?
Helen: Were you present when your mother was shot?
Gary: Yes, I was.
Helen: And you observed your father shoot your mother as you stood in the doorway of the living room.
Gary: That's not how it happened.
Helen: Ask permission to treat the witness as hostile.
Arnold and Ellenor: Objection.
Judge Watson: Overruled.
Helen: Gary, do you recall testifying at the preliminary hearing for this case?
Gary: Yes, I do.
Helen: And you swore to tell the truth.
Helen: And at that time, do you recall being asked the following question and giving the following answer. (she retrieves the court transcript) Page four. Question. What did you observe? Answer. I heard my father screaming at my mother. I went to the living room door, and that's when I saw him shoot her in the chest.
Gary: That's what I said, but -
Helen: You've answered the question, thank you.
Gary: But it wasn't true!
Helen: Move to strike. Non-responsive. (the judge nods)
Arnold: If it wasn't true, what really happened?
Gary: I was angry. My father pulled the gun on me, then I basically attacked him.
Arnold: You attacked him?
Gary: We didn't have the greatest relationship. I just kinda… It was during the struggle with me that the gun went off.
Arnold: Well, why did you testify at the preliminary hearing that your father killed your mother?
Gary: Part of it was I was just covering my own ass by provoking my father to get the gun in the first place…
Arnold: But it was really an accident. Why didn't you just tell the truth?
Gary: I was just so furious. I wasn't thinking clearly. Look, I'm sorry about all of this. I really am. And if you wanna put me in jail, I can't stop you. But it really was an accident. You have to believe me.
The camera zooms in on a couple of jury members, then onto Helen.
Eugene: The only one with a master key is the super. A guy by the name of Larry Connelly. You know him?
Lucy: Oh, my god.
Lucy: Well, he always kind of looks at me funny. And a few weeks ago…
Bobby: A few weeks ago what?
Lucy: He said that there was a leak in the downstairs apartment and he needed to check my bathroom. It's gotta be him.
Bobby: Lindsay, call the police, get a warrant and see if we can search this guy's-
Lindsay: (rising) Woah, woah, woah. A warrant for what?
Bobby: To search this guy's place.
Lindsay: Bobby, it's not so easy. He hasn't necessarily committed a crime.
Lucy: What do you mean he hasn't committed a crime?
Lindsay: (tactfully) There was no sound on the video.
Lindsay: The law prohibits intercepting audio communication, but silent video taping… isn't a crime.
Rebecca: Well, you gotta be kidding.
Lucy: This guy planted a camera in my bathroom. That's not a crime?
Bobby: All right. What about trespass?
Lindsay: The super with a master key? And you said he asked permission to go into your bathroom.
Lucy: This guy planted a camera in my home.
Lindsay: I'm just saying it isn't as easy as it looks.
Rebecca: There's got to be some way to nail him.
They all look at each other.
Judge Kittleson's chambers. She is working on her computer. The screen first shows her and Jimmy in the elevator, then a tree diagram labelled "Kittleson's Benchmarks", showing her linked to six or so other men.
Judge Kittleson: (sadly) So this is what people think of me.
Jimmy: It's just a stupid website.
Judge Kittleson: This goes into people's homes. Lawyers who appear before me, they've probably all seen this.
Jimmy: I'm sure some have, not all. Look, no one believes this stuff.
Judge Kittleson: You believed it! That's why you came running down here so angrily. You believed it.
Jimmy: Well. Is it all true?
Judge Kittleson: Some of it is. I have been with some of these men. How could - This is my private life!
Jimmy: Welcome to the information age, judge.
Judge Kittleson: This is evil. It's evil.
Mr Armbrust: I was fighting with her.
Arnold: Your wife?
Armbrust: Yes. And I was in an enraged state, I don't deny that. And then Gary came charging in, and he was enraged. In fact, he looked on something. That's why I got the gun.
Arnold: You pulled a gun on your own son?
Armbrust: No. I was afraid, and I grabbed the gun, in case I needed one.
Arnold: And then what happened?
Armbrust: He and I started yelling at each other. Then he lunged at me, trying to wrestle me to the ground. That's when the gun went off. And it hit Charlotte.
Arnold: Gary attacked you?
Armbrust: Like I said, I think he was on something.
Helen: Why was there only blood on you?
Armbrust: Gary was on the other side of me. I was between him and his mother. And I'm larger than he is, so I guess I blocked it.
Helen: You're larger, yet you felt physically threatened by your son?
Armbrust: I thought he was under the influence of drugs, and I didn't know what he might do.
Helen: So it was self defence?
Armbrust: No. It was an accident.
Helen: Well, you said you pulled the gun because you were afraid.
Armbrust: Yes. I was afraid. I was afraid that he might hurt me. So I grabbed the gun.
Helen: Afraid he'd physically assault you?
Armbrust: He did assault me. That's when the struggle took place, and the gun went off.
Helen: And it was an accident?
Arnold: Asked and answered.
Helen: Did you tailor your story to fit your son's testimony?
Armbrust: No, I did not.
Helen: Your wife leave a will?
Helen: Who inherits?
Armbrust: I guess I do. As well as my son.
Helen: Wow! Accident you both make out. What, did you both plan this little "witness for the prosecution" stunt?
Arnold: (rising) Objection.
Judge Watson: Sustained.
Helen: You both conspire to kill her, setting him up as our witness?
Judge Watson: Sustained.
Helen stops and tries to compose herself.
Rebecca: I got it.
Rebecca: You pay your own utilities, right?
Rebecca: Theft of electricity. He plugged his equipment into your outlets. There's some case law. Theft of electricity.
Lindsay: That sounds like a stretch.
Bobby: It'll buy us a warrant. Get Eugene.
Lucy's superintendent's apartment. Detective Mike knocks, and Connelly peers out.
Mike: Mr Lawrence Connelly?
Mike: You're under arrest. (they move into the apartment)
Connelly: For what?
Eugene none-too-gently pushes past him.
Mike: Theft of electricity and trespass.
Mike: We have a search warrant.
Connelly: W-wait. What the hell's going on here?
Mike: Read him his rights.
Another policeman begins to do that.
Connelly: What are you looking for, stolen electricity?
He indicates a wall filled with video tapes, all marked "Lucy" followed by a date. There are dozens of them.
Eugene and Bobby look at each other. Bobby turns back to where the police are still reading Connelly his rights.
Bobby: Uh, do me a favour, Mike, and have your boys search the bedroom.
Mike: (nodding) Bedroom, now.
Bobby: Now, can you look away?
Mike: Five seconds. Don't hurt him. (he turns and faces the window)
Bobby grabs Connelly by the throat and pushes him up against a wall, repeatedly.
Bobby: (through clenched teeth) She's a teenager and a friend of mine, you sick bastard!
Mike: Okay, Bobby. (he gets in between them and forcefully pushes Bobby away) I said okay, Bobby!
Connelly puts his hands to his throat and gasps for breath.
Connelly: They were security tapes!
Bobby lunges for him again, but Eugene grabs him, while Mike tries to keep them apart.
Mike: (trying to calm him down) We'll take it from here, Bobby.
Eugene lets go of Bobby, who puts his hands in the air.
Helen: Basically, I've got two choices. I can argue believe his testimony at the prelim, but they've got reasonable doubt. Or I can argue some witness for the prosecution theory which, who knows? It could be that. Things have certainly worked out for them.
Mark (Is he the DA?): Witness for the prosecution?
Helen: We relied on the son, Mark. He changes his testimony at trial, instant reasonable doubt.
Mark: With the threat of perjury.
Helen: Ah, he won't do much for that. We both know that. So does he. If the recanting is ruled timely he can get off all together. Which his lawyer told him. (she sighs) I've lost another murderer. (she shakes her head) I can't believe this. First, I lose a guy who dices up a nun, now I'm -
Mark: Can you recall forensics, prove it couldn't have happened the way they're saying?
Helen: I can't prove it. Not beyond a reasonable doubt. (she pauses) I can't believe this.
Mark: Yeah, well, I wouldn't go witness for the prosecution. It's too desperate and I think it's too late. Just give it your best shot.
Helen: There's gotta be a way. I'm gonna find a way.
Lucy: (on the verge of tears) A hundred tapes?
Bobby: He had other cameras planted in different places.
Lucy: So he has videos of me doing everything?
Bobby: I arranged to have them destroyed.
Lucy: But they could've already been uploaded on websites.
Bobby: (nodding) Yes.
Lucy: Will he go to jail?
Bobby: He's being arraigned today. I told Jimmy to cover it. But, Lucy, the law of stealing electricity, maybe trespass… He won't do any time. (she begins to cry) Hey.
Lucy: What if my father -
Bobby: You said he doesn't own a computer.
Lucy: Yeah, but what if somebody makes a tape off the computer and -
Bobby: Look, you did nothing wrong.
Lucy: (vengefully) Well, can I sue him?
Bobby: Well, you could, but he's pretty judgement proof. He did lose his job. I mean, that's something.
Lucy: (wiping her eyes and getting up) Um, I should get back to work.
Bobby: Uh, you wanna take the day off?
Lucy: And do what? Go home? No, I'm fine. I got a lot of work to do. I'm doing fine.
Bobby: Lucy. The reason you feel so violated is because you have been. And this is no time to play tough. Look at me. (she does) Maybe this isn't the equivalent to rape, but that man took your privacy from you. That's not nothing. It wouldn't be a bad idea to get some counselling.
Bobby: And it wouldn't be a bad idea to lean on people here a little.
Lucy: (beginning to cry) It's just that I feel so -
She breaks off, and Bobby hugs her as she cries.
Arnold: Two different versions from the same witness. How do you know which one is true? The state will probably stand up here in a few minutes and try to convince you that Gary Armbrust suddenly felt bad. Didn't want to see his father convicted, changed his story. Now you heard Miss Gamble toss out witness for the prosecution, they did it together for the insurance. Now that theory came at the eleventh hour, didn't it? Why? Desperation. Because the only eye-witness told you it was an accident. Told you he attacked the defendant causing the gun to go off. Do I really need to be standing up here arguing reasonable doubt? The state wants you to believe Gary Armbrust is truthful when he says one thing, but he has no credibility when he's saying another. But you can't have it both ways. (he sits)
Helen: Yes. We have two versions now from one witness. (she points to the jury) It's up to you to weigh the credibility and circumstances of each. You're free to discredit the recantation and find that the truth lies in his original accusation. And I'll tell you why you should. Gary told the officers at the scene that his father murdered his mother. He said that they had a bitter argument, she threatened to leave him and he shot her point-blank in the chest. Now. Gary testified to the same facts under oath at the preliminary hearing. Not one inconsistency in any of the details. Every last bit of his account was consistent with every piece of physical evidence. And suddenly, just as the trial begins, he has a change of heart. And I guess we can understand. He's just lost his mother. He doesn't want to lose his father, does he? And, well, maybe he's found a way to even forgive his dad. But we can't. A woman is dead. Charlotte Armbrust deserves to have us stand up for the truth even is her son no longer can. Charlotte doesn't have a voice anymore. You do. We all know what happened. (she walks to her table and hold an evidence bag up for the jury) Prints, only belonging to the defendant. Blood spattered only on the defendant. We have the threats. That man (indicating Armbrust) committed murder. And his son, well, he's suddenly decided he wants him to get away with it. Do you? (she looks meaningfully at the jury)
Another courtroom. Connelly is escorted in.
Clerk: 32623. Commonwealth versus Connelly. Trespass, theft of electricity.
Olsen: Robert Olsen for the defendant.
Judge Kittleson: Theft of electricity? Are they prosecuting that these days?
ADA: Your honour, the defendant is a superintendent at an apartment complex. He installed cameras to tape one of the dwellers, then he uploaded her naked images on the internet. Theft of electricity -
Judge Kittleson: (sternly) Hold on a second. (she glances at Jimmy, who nods slightly. She turns back to Connelly.) Well, well, well, Mr Connelly. Did you get the wrong judge.
Olsen: We'll waive reading, your honour.
Judge Kittleson: Why don't you wave goodbye while you're at it? (to Connelly) Did you have fun invading a young woman's privacy?
Olsen: Excuse me, your honour?
Judge Kittleson: Counsel, you speak when I ask you to. (back to Connelly) Uploading her naked images on the internet? Funny, I just discovered things about me on the internet. Maybe there's stuff about all of us. Who knows. (she pauses) Take off your pants.
Olsen: Your honour!
Judge Kittleson: Bailiff! Would you please take Mr Olsen into custody. He's in contempt.
Olsen: (outraged) What?
Judge Kittleson: You want another chance? Then shut your mouth! Mr Connelly, drop your pants right now, or I will add contempt to your charges and you will go straight to a jail cell. I am going to count to three. 1… 2…
Connelly unzips his pants and they fall to his ankles. The gallery gasps, and the clerk looks away.
Judge Kittleson: (shaking her head) No underwear. Figures. And nothing much else, I might add. (the gallery chuckles) Do you feel violated, Mr Connelly? Exposed? (the clerk sneaks a peek and laughs) How does it feel? Turn around and face the gallery. Show them what you haven't got.
ADA: Your honour, even I have to say this is a little bit irregular.
Judge Kittleson: Tough! (threateningly) Turn around, Mr Connelly.
He glares at her, but slowly turns around. The gallery, shocked, begins muttering.
Judge Kittleson: Take Mr Connelly. Put him in jail. We can arraign him again tomorrow. Would you call the next case, please? (Connelly reaches down for his pants) Leave your pants right there! At your ankles.
The bailiff takes Connelly by the arm, and he penguin-walks out of the courtroom.
Clerk: (rising) Case number 32624. Commonwealth versus Waterman. Criminal violation, illegal disposal of toxic waste.
Judge Kittleson rises and leaves. Jimmy follows her.
Judge Kittleson's chambers. She flies in, and pours herself a glass of water. Jimmy knocks and enters.
Jimmy: (diplomatically) That was different.
Judge Kittleson: Imagine his luck! Getting me for a judge. Of all days -
Jimmy: Are you okay?
Judge Kittleson: I am so - (she pauses) You know, I am no prude. I would have no problems taking the bench naked, so long as it were my choice. But to be - (she breaks off, stuttering)
Jimmy: Well, hopefully the laws on internet stuff will start to change. Maybe the test case will come before you.
Judge Kittleson: (sighing) It did bother you, reading all that stuff, didn't it, Jimmy?
Jimmy: Yeah, but, you know, it's my mother's influence. In the back of my mind I guess I was still hoping you were a virgin.
Judge Kittleson: (disbelievingly) Yes, we all know you thought that. (she raises her eyebrows at him, and Jimmy smiles, embarrassed.) Thank you.
Jimmy: For what?
Judge Kittleson: (coming to him) For being there. It helped.
Jimmy: Well. Whatever I could do.
Judge Watson: Will the defendant please rise? (Armbrust and Arnold rise) Mr Foreman, has the jury reached it verdict?
Foreman: We have, your honour.
Judge Watson: What say you?
Foreman: Commonwealth versus Gordon Armbrust, on the count of murder in the second degree, we find the defendant, Gordon Armbrust, not guilty.
The gallery begin muttering. Armbrust is very very happy, and clenches his fists in satisfaction. Helen looks at the ceiling.
Judge Watson: The defendant is free to go. The jury is dismissed with the thanks of the court. We are adjourned. (bangs gavel)
Helen stands and glances at the defence table. Armbrust looks at her almost challengingly as he hugs his son, roughly.
Helen nods at Detective Mike, who nods out the door. Mike, followed by two uniformed officers, make their way to Gary
Mike: Gary Armbrust. You're under the arrest for the murder of Charlotte Armbrust.
Mike: You have the right to remain silent -
Ellenor: We know his rights - (turning to Helen) What's going on here?
Helen: (to Mike) Take him away.
Helen: By his own testimony as well as his father's, the gun went off when he attacked his father. Felony assault. Accidental shooting or not, felony murder rule applies.
Gary: (desperately to Ellenor as he struggles with policeman attempting to cuff him) What is she talking about?
Helen: You're looking at an automatic life sentence, Gary, that's what I'm talking about.
Ellenor: Helen, come on.
Helen: I told you, Ellenor! I told you he should be more afraid of me than his father!!
Ellenor: This is an overreaction -
Helen: Life sentence, Gary. Go celebrate, dad. (she leaves)
Gary: (desperately) Is this true? Could I get life? (Ellenor doesn't answer) Tell me!!!!
Ellenor stands there stunned for a moment as the police take Gary out of the room, and then she realises.
Ellenor: Don't say anything to anybody. I'll be right back to talk to you.
Gary: Tell me what's going on!!!
The police strong-arm him out of the courtroom.
The office, late at night. Lucy is moving from room to room, turning out lights. She turns off the last one and hesitates at the door. She locks it, and walks slowly back toward her desk and sits down in the dark.
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