Written by: Jill Goldsmith and David E. Kelley
Directed by: Adam Nimoy

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 'State of Mind'. 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 night. Lucy is busy hanging decorations on a large Christmas tree, to the background music of 'Santa Claus is coming to town'. The office is festooned with Christmas decorations. Bobby walks in, and looks around in wonder.

Bobby: What's this?

Lucy: (turning around to see him and quickly switching off the music) Oh! It's Christmas! Surely, you've heard of it.

Bobby: (still in wonder) It's the first week in December...

Lucy: The people who don't like Christmas are the people who get behind in their shopping. And the reason they get behind is because it sneaks up on them. It's not sneaking up in this office. Not under my watch.

Bobby: (now curious) What's that on your head?

Lucy: Oh, it's mistletoe. My friend Elaine invented this thingy. It's cute, huh?

Bobby: (smiling) Yeah.

Lucy: It's eleven o'clock. Why are you here?

Bobby: Ah, couldn't sleep.

Lucy: Mayfield trial?

Bobby: Might as well work if I'm awake.

Lucy: (sighing) Do you think you have any chance? I mean, the baby died in her hands.

Bobby: Why are you convinced she's guilty?

Lucy: She just gives me the eebie-jeebies. You really think she's innocent?

Bobby: Yeah. Remember, she did pass the lie detector.

Lucy: (sighing again) Well, pleadings are all packed. Anything else you need? I'm about to go.

Bobby: Nah, I'm all set, thanks. And thanks for ah, decorating the place. It looks great.

Lucy: Well, Christmas should be Christmas.

Bobby: (smiling) Merry Christmas. (he leans forward and kisses her. As he pulls back she grabs his lapel and pulls him back, where she kisses him again passionately. She then lets him go and he just stands there in shock)

Lucy: Christmas should be Christmas, and a kiss should be a kiss. Good mistletoe. Night. (she grins cheekily and leaves. Bobby stands there in shock)

The office, daytime.

Ellenor: How can you not move for summary judgement?

Jimmy: Cause it won’t fly -

Eugene: But still, you gotta try with the stakes so high.

Jimmy: It'd be just like our motion to dismiss, Eugene. The judge said this thing would turn on the facts.

Ellenor: But what about preserving appeal?

Jimmy: If this were gonna turn on law he would've kicked it. If we push for summary judgement and lose, it's gonna look like Footdragon. Judge Papp holds grudges, he lets the jury see them. We do not want an unfriendly judge in this trial.

Lucy: Let's calm down, nobody's talking Christmassy. (they all just look at her)

Bobby's office.

Bobby: Every time we break, every recess I want you to go to her. Embrace. I want the jury reminded every chance they get that you believe in her.

Mr Mayfield: Absolutely.

Bobby: You doing okay?

Mrs Mayfield: Believe or not, I am. I'm in God's hands now.

Bobby: Evelyn -

Mrs Mayfield: I know.

Bobby: All I'm saying is you're not in God's hands on this, you're in the jury's, and I don't want you to come across as a zealot.

Evelyn: I get it, Bobby.

Bobby: Good. Okay, Let's go. We've got a cab waiting downstairs, it's cold. (they walk out through the office)

Rebecca: Good luck.

Bobby: (smiling at her) Thanks.

Eugene: Bobby, I know that you think Jimmy matches up best against Silva, but -

Jimmy: I heard that.

Eugene: What?

Jimmy: Whatever you were saying behind my back.

Bobby: Listen, I gotta get to court, We'll talk about this later.

Jimmy: You think I can't do this, Eugene?

Eugene: I know you can do it.

Lucy: Bobby, Bobby. Two things. One, good luck. Two, sorry if I embarrassed you. I didn't mean to. But, it was an awesome kiss. Not that I have any designs, but if your lousy personal life comes from any insecurity, you should know that 90% of women are looking for a cute guy, with a steady job, who can kiss. You're three for three! (Bobby's in shock again, Lucy turns him around and pushes him out the door) Trial. Don't be late.

As he leaves and the door's about to close, it's caught and Michael (the boy Rebecca got off for bicycle theft in her first trial) walks in.

Rebecca: (pleasantly surprised) Michael! (he is followed in my his mother, Rebecca's face loses the pleasantly surprised look) And you.

Ms Baylor: They suspended him from school!

Rebecca: For what?

Ms Baylor: For passing a few notes! It's the most ridiculous thing I've ever heard of, and I want to take them to court.

Rebecca: (motioning into the conference room) In here.

Ms Baylor: And don't you be swatting him.

Rebecca: I'm not going to swat him.

Ms Baylor: You just keep the blinds open (Rebecca breaks in here) because I don't trust you.

Rebecca: You know, you don't have to come here (Ms Baylor breaks in here) you could go to any other lawyer (she continues on this track)

Ms Baylor: I came here for some civilised lawyering.

Rebecca: In here, Michael. (Ms Baylor looks at her suspiciously) You can come.

Time shifts and we see them in the conference room.

Rebecca: (shocked) Sexual harassment?

Ms Baylor: Yes. A few notes in the back of the classroom and they bounce him.

Rebecca: Well, what was in these notes?

Michael: Not much, just -

Ms Baylor: He's got a crush on this girl, Kitty Nelson. You know, she finds one of these notes, she takes it home to her mental mother, her mother makes a complaint, and they bounce him.

Rebecca: What was in the notes?

Michael: Just stuff.

Rebecca: What just stuff?

Michael: You know, nice ass and stuff. Nothing bad. (there's a pause)

A courtroom. Helen is questioning a witness in the Mayfield trial.

Helen: The autopsy was conclusive.

Doctor: Yes, it showed Kevin Barlow died from injuries consistent with 'shaken baby' syndrome.

Helen: Doctor, is it possible that these injuries could've been caused by an accident?

Doctor: No, there was extreme haemorrhaging in the bilateral anterior chamber, and also retinal haemorrhaging.

Helen: Which means...?

Doctor: It was not an accident. The degree of force had to be severe.

Helen: What about some other medical condition?

Doctor: Well, nothing in his prior medical records or my examination revealed any other cause for these symptoms.

Helen: Is it possible to tell when the shaking occurred?

Doctor: Well, based on the acute conditions present, Kevin's death would've been almost immediate.

Bobby steps up

Bobby: Now you found a contusion on Kevin Barlow's forehead, didn't you?

Doctor: Yes, but that -

Bobby: Which was about ten days old?

Doctor: That injury was not life threatening, and was in fact healing when he died.

Bobby: Isn't it true that a prior head injury could begin to bleed spontaneously in the brain?

Doctor: Yes, but in this case it wouldn't explain the extent of the injuries.

Bobby: Well, isn't it also possible that something could've happened to Kevin, just prior to being dropped off at Evelyn Mayfield's house?

Doctor: The likelihood of that is so negligible that -

Bobby: Is it possible?

Doctor: I suppose anything's possible, but -

Bobby: Thank you, Doctor. You answered the question. (He sits)

Helen: (standing) How possible?

Doctor: Minuscule. The symptoms here suggest an immediate death, not one that occurred hours later.

Helen: Thank you. (she sits)

Bobby: (standing) But your findings don't conclusively exclude the boy dying hours later?

Doctor: We can't positively exclude it, no.

Bobby: Thank you, Doctor. (he sits)

The conference room.

Ms Baylor: We have been sitting here over an hour, Rebecca. You haven't given me anything.

Rebecca: I said that I will talk to the principal. But I have to tell you school's are big on sexual harassment policies -

Ms Baylor: Big cause all these rat lawyers got em running scared of getting sued. It is a big, cover-your-ass disgrace.

Rebecca: Yes, I'll stick that argument in a foot note and not lead with it. But that does give me an idea as to how the word ass slipped into his vocabulary.

Ms Baylor: You be the lawyer, all right? Not the mother.

Michael: Why are you two always fighting?

Rebecca: I am not fighting.

Ms Baylor: You watch your mouth, all right, Michael? You talk with some respect. Plus which she might hit you.

Rebecca: Hey. One more word like that and you can get yourself another rat. Are we clear? (Ms Baylor sighs in resignation)

The courtroom.

Helen: We're not all optimologists, Doctor. Would you explain retinal haemorrhaging?

Doctor: That's when blood vessels leak into the eye. But here, there were also retinal folds, where the retinas were essentially folded over, almost like contact lenses. These are both indicators that a child has been forcibly shaken.

Helen: Now, would an individual suffering from retinal folds be able to focus their eyes, or respond to visual cues?

Doctor: Absolutely not.

Time shifts and we see Helen questioning a police detective.

Detective: So then I asked Evelyn Mayfield if the baby's eyes were tracking when he came to her, she said yes.

Helen: Which means what?

Detective: Which means either she was lying, or she killed him.

Bobby and Lindsay: (together) Objection.

Judge: Sustained.

Helen: You didn't believe her?

Detective: If the baby had been shaken before he came to her house, according to the doctors, it would have been impossible for him to track with eyes like she said. If she really did see them track, he was shaken after he got there.

Lindsay: Detective, when you use the word tracking, what do you mean?

Detective: It means whether or not someone's eyes could follow a visual cue, moving back and forth.

Lindsay: I see. Did you explain tracking to Evelyn Mayfield when you questioned her?

Detective: Did I explain it?

Lindsay: Yes. Did you explain the term?

Detective: I don't think I did, no.

Lindsay: In fact, you didn't know if Evelyn was even familiar with that term at the time you questioned her, did you?

Detective: In her statement, she said the baby's eyes were tracking. She said it. I assumed she understood the meaning.

Lindsay: Yes. She used the word tracking. But that doesn't mean she meant responsive to visual cues.

Detective: Then what did she mean?

Lindsay: We don't know, do we? Maybe just that they were open.

Helen: (standing) Move to strike. She's testifying, she's testifying.

Helen and Lindsay's kitchen, Lindsay is baking.

Lindsay: (mockingly) She's testifying, she's testifying. Aunty Em, come back. (in a more normal voice) You sound like the wicked witch of the west when you object.

Helen: (groaning) And you're Glenda. (mockingly) Did she understand tracking?

Lindsay: (flicking some mixture at her) Oh yeah? (she laughs)

Helen looks at her in a 'I-can't-believe-you'd-be-so-immature' way, then picks up a can of whipped cream and sprays Lindsay with it. Lindsay shrieks.

Lindsay: Stop it!

Helen: No.

Helen sprays her and she shrieks again.

Lindsay: Stop it, stop it, stop it, stop it, stop it! Okay, put down the can. Put down the can. (Helen stops spraying) Put it down. (Helen puts down the can) Okay. You (Lindsay grabs the can) never should have put the can down!!!!

Lindsay starts spraying and Helen retaliates by throwing the cake mixture at her. There's lot of shrieking and lots of laughter. Bobby walks in and looks at them in surprise.

Lindsay: Bobby... (she licks some of the mix off her fingers) Mmm, it's good. (they're both still giggling)

Bobby: What is going on?

Helen: (innocently) What? We do this every night.

Lindsay: What are you doing here?

Bobby: Well, you weren't picking up and I need to talk to you... about something (he's still looking at them strangely)

Helen: Is it dessert? Cause we're ready!

Lindsay: (pointing) In my room. (as she walks off she sprays Helen with the can again and Helen stands there, spent)

Lindsay's room.

Lindsay: What's the matter? (she's looking in the mirror, cleaning the remains of the cake mix off with a towel.)

Bobby: The kid's father. He goes up tomorrow.

Lindsay: Yeah, so?

Bobby: How important do you think it is that we go after him? Like maybe he killed his son?

Lindsay: (turning to him in surprise) How important? Hello, that's our whole theory.

Bobby: Lindsay, next week we go on trial for accusing the Robin kid of killing his sister. Now, if we Plan B the father tomorrow on this case, guaranteed Tommy Silva will be making a big meal out of it. Think of how it would look! We scream that a brother killed his sister and now a father killed his son?

Lindsay: They're two different cases -

Bobby: Even so...

Lindsay: Look, we can't get out of Evelyn's trial now, we've already started, and we can't not go after the father, that's our defence. The only choice here is to settle the Robin lawsuit, which is what I've been saying all along. And beyond that... Jimmy... He's a good lawyer. But I think everybody's having a hard time with you putting our survival into his hands.

Bobby: Ellenor and Eugene can't do it, they're involved.

Lindsay: Then get outside counsel, or go with you and me. But not Jimmy.

Bobby steps forward and gently wipes some cake mix off her upper lip. Lindsay looks surprised, and immediately wipes the spot with the towel.

Bobby: (huskily) You know, Lindsay, about a month or so ago, we exchanged a kiss and we never even talked about it. It was in the middle of the Pearson trial. (he pauses) Should we talk about it?

Lindsay: (looking slightly overwhelmed) Why are bringing this up now, when we're in the middle of another trial?

Bobby: I don't know, it's just... (he considers) It's not something you wanna discuss?

Lindsay: Not right now, no.

Bobby: (looking disappointed) Okay. (he smiles slightly) I'll see you tomorrow.

Lindsay: Okay. (he leaves, and she turns back to the mirror thoughtfully.)

A courtroom. Helen is questioning Mr Barlow.

Barlow: I dropped my son off at Evelyn Mayfield's house that day on my way to the office. That was our routine.

Helen: What time did you drop him off?

Barlow: It was around 8:30 in the morning. About an hour and a half later, I got a phone call from the hospital, saying that Kevin, that my son, was dead.

Helen: Sir, the defendant claims your son was crying when you delivered him to her.

Barlow: He was hungry. But he wasn't upset or...

Helen: Physically, he was okay?

Barlow: He was fine.

Time shifts and we see Bobby questioning him.

Bobby: From the time you left your house that day and arrived at Evelyn Mayfield's, you and Kevin were alone together. Is that correct?

Barlow: Yes.

Bobby: There were no witnesses, no one else present during the twenty minutes before you arrived at Evelyn's?

Barlow: Witnesses to what? Me behind the wheel and Kevin in the child seat in back?

Bobby: Well, when you arrived at Evelyn's that particular morning, Kevin was crying uncontrollably.

Barlow: He was not crying uncontrollably, counsel. He was just crying.

Bobby: Why was he crying?

Barlow: He was probably hungry.

Bobby: There was a contusion on Kevin's forehead. You know anything about that?

Barlow: He hit his head on a coffee table.

Bobby: Aha. (he turns and looks at the gallery, specifically Tommy Silva, who's watching knowingly. Bobby takes a deep breath and turns back to Mr Barlow.) You didn't hit your son, Mr Barlow?

Helen: Objection.

Barlow: I certainly did not!

Bobby: Ever hit your wife?

Helen: Objection!

Bobby: Offer to show that this man has a history of violent behaviour.

Helen: (standing) Move to strike!

Judge: The objection is overruled.

Bobby: Mr Barlow, were you arrested for domestic battery stemming from an altercation between you and your wife?

Barlow: That was a long time ago!

Bobby: That was a yes?

Barlow: Yes.

Bobby: You hit her.

Barlow: I lost my temper and I -

Bobby: (more forcefully) You hit her.

Barlow: Yes.

Bobby: Open hand or fist? (Barlow doesn't answer) Open hand or fist, sir?

Barlow: Fist.

Bobby: Ever hit your son, Kevin with an open hand or fist?

Helen: Objection, he's badgering!

Judge: All right, counsel.

Bobby: Did you hurt your son?

Judge: Counsel, dial it back.

Bobby: If it's no, Mr Barlow, then all you have to say is no.

Barlow: (after an uncomfortable pause) No. I did not hurt my son.

The courthouse, in the hall. It's crowded, and Lindsay and Bobby are pushing their way through.

Lindsay: You almost had him. I could see his face getting red.

Bobby: You think I should've gone harder?

Lindsay: (looking over her shoulder) Shh... (they turn and we see Tommy Silva coming out of the courtroom)

Silva: (coming up to them) Pretty interesting strategy in there. Plan B, right?

Bobby: Hey, Tommy, what the hell do you think you're doing?

Lindsay: (warningly) All right.

Bobby: Sticking your nose in a criminal trial for the purpose of a civil case. Maybe I should report you to the bar.

Tommy: I'm just in there watching.

Bobby: Right now you're talking.

Lindsay: All right -

Bobby: What's this, your only case?

Tommy: No. My biggest.

Lindsay: (to Bobby) C'mon. (He doesn't move, so she grabs his shoulder and pulls him) Come on.

The office.

Rebecca: The principal was understanding. But he said it's school policy. So, we can march into court, if that's what you wanna do -

Ms Baylor: I do.

Rebecca: Okay -

Ms Baylor: When? Because he is missing school now.

Rebecca: It's already scheduled, we go tomorrow. We meet here at nine, then go.

Ms Baylor: All right.

Rebecca: Just so we're clear, you don't talk.

Ms Baylor: What if the judge asks me something?

Rebecca: I will try to prevent that from happening, trust me.

Ms Baylor: Don't be getting snide with me.

Bobby and Lindsay walk in and collect their messages from Lucy.

Ellenor: Hey, how'd you do?

Bobby: Uh, he stayed under control. Helen probably sat on him. And Silva was there taking notes.

Jimmy: Oh, I got a meeting with him tomorrow.

Bobby: Silva?

Jimmy: See if I can find his squeal point. We know each other some, so...

Bobby: Good. Lucy, in my office.

They move into Bobby's office and close the door.

Bobby: Listen, be it, um, the Christmas spirit or you just trying to bolster my self-confidence, I don't think that we should -

Lucy: Be kissing. I know. I didn't plan to. Something just came over me. What came over you?

Bobby: I'm sorry?

Lucy: Oh, Bobby, maybe your tongue didn't hold its own but it didn't exactly recoil, either. You like buttons?

Bobby: What?

Lucy: I'm the 'cute as a button' type. Some guys go for it. Figured you for models. Anyways, you're in trial. These are not issues you should be talking about as Miss Shake and Bake's about to be cooked. (Bobby looks confused) You're due back in twenty, by the way. (she walks out. Bobby stands there stunned)

The courtroom. Helen is questioning Mrs Barlow.

Mrs Barlow: That bruise on his forehead was an accident.

Helen: What happened?

Mrs Barlow: I just turned my back for a minute and he bumped his head on the coffee table.

Helen: Mrs Barlow, did your son have any other injuries or medical problems of any kind?

Mrs Barlow: No.

Bobby: My client had been caring for Kevin for over 3 months, is that right?

Mrs Barlow: Yes. My husband and I both work days, so she watched him Monday through Friday.

Bobby: And over the course of the three months that Evelyn Mayfield was watching Kevin, he always seemed well cared for?

Mrs Barlow: Yes

Bobby: In fact, you described her to your friends as a great caretaker, didn't you?

Mrs Barlow: I've changed my position on that, Mr Donnell.

Bobby: Mrs Barlow, honest answer? You don't know what happened once Kevin left your house that morning, do you?

Mrs Barlow: If you're suggesting that my husband could've been involved, I absolutely know you're wrong.

Bobby: Because you have his word.

Mrs Barlow: And because I know him.

Bobby: Were you injured when he struck you?

Helen: Objection.

Judge: Overruled.

Bobby: Did he hurt you?

Mrs Barlow: That was a long time ago.

Bobby: The question was when you went to the police station and filed a complaint for domestic battery, had you been injured?

Mrs Barlow: I had a small cut or so, it wasn't that bad.

Bobby: (walking to the defence table and taking a file from Lindsay) I'll show you these photographs, marked defence exhibits one through three, for identification. Do you recognise what they depict?

Mrs Barlow: (reluctantly) That's me.

Bobby: With a small cut. (she doesn't respond)

A room at the courthouse.

Bobby: Lindsay spends the morning with character witnesses. People from the church, mostly. Parents of kids you've taken care of. I don't expect them to be cross-examined. After lunch, it'll be you.

Evelyn: Okay.

Bobby: (exhales) You ready?

Evelyn: I just tell the truth.

Bobby: Well, it's not gonna be that simple, Evelyn. Helen Gamble is good. And she can be pretty vicious. (Lindsay looks like she's going to protest) She can, Lindsay, let's admit it. Now, the big one. Those forty minutes. You said you called 911 about twenty minutes after the baby was dropped off, but the call didn't come in until after ten. That's the hole. Have you given it any more thought?

Evelyn: All I can say is what I remember. Maybe I got the time wrong.

Bobby: I believe you. But it may not sound believable.

Evelyn: What should I do? Should I make something up?

Bobby: No.

Evelyn: (beginning to panic) Well... What, they're gonna convict me of murder because I lost track of time?

Bobby: Yes. It could come down to that. Look, an eleven month old boy was killed. The jury is gonna hold somebody accountable.

Evelyn: But it wasn't me.

Bobby: You were the last one with him. Be prepared to be hit on those forty minutes.

Night-time at the office.

Ellenor: (packing up to leave) You know, far be it for me to suggest this since you all hammered me the last time, but -

Lindsay: But what?

Ellenor: This is a deja vu to the Vogelman trial. Last seen with the victim, has to be her...

Lindsay: So?

Ellenor: So, you've got the same public pressure on the DA's office, they need to get this conviction. Evelyn Mayfield is the only one they could possibly get it against so she's the one they're going after. As much as you hated me for torpedoeing (sp?) Helen, you could do it again.

Lindsay: What?

Ellenor: Call her as a witness. Get the same testimony. Sometimes the choice of who they go after is linked to who they think they can convict. I know. It's ass-backwards.

Lindsay: We can't call Helen as a witness. First, it would be mistrial, second, there's -

Ellenor: So? Would a mistrial really be that bad? Where are you?

Bobby: I don't know. But we're not calling Helen.

Ellenor: Well, it's another card you can play. Night. (she leaves)

Bobby: (turning back to Lindsay) Where do you think we are?

Lindsay: Well, I think she's innocent, Bobby. But the truth is, I don't know it. If the jury's where I am, we have reasonable doubt. (she leaves too.)

Another courtroom.

Rebecca: It's a note. Passing a note in the back of a classroom.

Judge: A note containing a sexual description that might-

Rebecca: She's got a nice ass.

Judge: It's sexual objectification.

Rebecca: Oh, come on.

Opposing Counsel: And as silly as it may seem, the policy at Brockton is no difference from every other school across this country.

Rebecca: That only makes it more ridiculous. He's 10 years old. Kids write on bathroom walls, kids pass notes.

Judge: And what if he should do more than that? What if he commits a sexual assault?

Rebecca: Well, then you suspend him, but for a note you don't suspend -

Judge: The point is the school has notice of the note and therefore could be held liable if his behaviour escalates.

Ms Baylor: (standing) I knew it! This is just some cover-your-ass lawyer -

Rebecca: Ms Baylor. (Ms Baylor sits) Your Honour, we are getting carried away here.

Judge: Now, are you saying that your client is being treated unfairly under the policy, or that the policy itself is unfair?

Rebecca: I am saying if we are at the point where girls and boys can't talk to each other at school, if they can get suspended for passing notes, what is going on?

A bar. Jimmy and Tommy Silva are sitting, having their meeting.

Jimmy: They don’t wanna settle for nothing, but I’ll try to sell four.

Tommy: Four hundred’s not gonna do it, Jimmy.

Jimmy: Tommy, even if you win, you’re looking at automatic appeal. This case is threshold. Suppose the jury gives you a million, end of the day, present day value of four turns out to be more.

Tommy: Mmmm, I understand. Off the record?

Jimmy: Course.

Tommy: My client’s wealthy. He’s dying of cancer. It’s not about money. He wants you guys out of business. At first I thought he’d take a million. Clients come in angry, then they settle down, you know how it is. But he ain’t settling down. He wants you guys selling your furniture.

Jimmy: Client comes to me with that kind of revenge on his mind I tell him to go get another lawyer.

Tommy: Come on, Jimmy. Look what they did to this kid. You wouldn’t take this case?

The courtroom. Bobby is questioning Evelyn Mayfield.

Evelyn: I just had a sense that something was wrong. Kevin usually didn’t cry like that.

Bobby: How long did he cry for?

Evelyn: Maybe ten or twenty minutes or so. And then he finally stopped, so I put him down for his nap.

Bobby: And when did you realise that something was wrong?

Evelyn: I checked on him about fifteen minutes later, and he wasn’t breathing.

Bobby: What’d you do?

Evelyn: I tried to give him CPR, but it just wasn’t working. He wouldn’t breathe. So I called 911 and finally the ambulance came.

Bobby: Now, Evelyn, the baby arrives at 8:30, twenty minutes of crying, fifteen minute nap. You called 911 at 10:07. That leave forty minute unaccounted for.

Evelyn: Maybe he cried longer, maybe he napped longer, or - or got there later. I honestly don’t know. I - I’m not sure how long I did CPR before I called. And also, I was in shock, maybe. I guess the time frames could be off, but I never harmed that child. And the idea that I could have...

Helen: Forty minutes. It’s kind of a lot to be off by.

Evelyn: I’ve done my best to explain it.

Helen: You were in some shock. (pause) Is it possible you maybe blocked out some time in your mind?

Evelyn: I’m sorry?

Helen: Something happened which you blocked out of your mind.

Evelyn: I don’t think that’s the case.

Helen: Oh, such a traumatic event. Certainly it’s the first time you ever discovered an unconscious baby, isn't it?

Evelyn: No.

Helen: There was another one.

Evelyn: A few years back. And I saved that baby performing CPR.

Helen: You did? So you have experience with reacting to crisis.

Evelyn: Yes

Helen: So, seeing a baby not breathing, that wouldn’t be so horrific to cause you to block out time.

Evelyn: That’s right.

Helen: What if you killed that baby?

Bobby and Lindsay: (together) Objection.

Judge: Overruled.

Helen: You don’t have any experience doing that, do you?

Evelyn: No, I do not, Miss Gamble.

Helen: Think you might block that out?

Evelyn: I did not harm that baby.

Helen: You know, something else struck me as funny. You never called Mr and Mrs Barlow to tell them what happened, did you?

Evelyn: The police called them.

Helen: Yes, much later. But why didn’t you? You’re baby-sitting their child, he dies, you don’t call?

Evelyn: Everything was happening so fast. I was going to call them... The first thing was trying to save him.

Helen: Yes, but why didn’t you call them after you called the ambulance to let these people know what had happened?

Evelyn: I was holding Kevin.

Helen: Or after they took Kevin away. Was there another reason why you didn’t call? Is it possible that the reason you didn’t call was because you couldn’t bear to face them? Because your conscience knew the truth about what you did?

Evelyn: No. That is no possible.

The hall outside the courtroom

Helen: (coming out of the courtroom) Manslaughter’s still good.

Lindsay: You just gave us grounds for appeal. Prior bad acts?

Helen: That wasn’t a bad act. She saved that other child. Plus, she opened the door.

Bobby: She did not.

Helen: Just take manslaughter. She didn’t hit any home runs in there.

Bobby: She’s not gonna take manslaughter.

Helen: She will if you tell her to.

Bobby: I won’t tell her to, and I don’t think that you made the elements.

Helen: Look, this could go either way, we all know that. Why do you wanna risk life? Manslaughter, she’s out in five. You wanna stay up all night working on a closing argument? You guys already tired?

Bobby: Excuse me a second. (he walks back to Tommy Silver coming out of the courtroom)

Tommy: Hey, Bobby, I’m just watching. It’s legal.

Bobby: Yeah, yeah. How much of her testimony did you hear?

Tommy: Most, I think.

Bobby: You believe her?

Tommy: I don’t know. But I don’t disbelieve her.

Bobby: They’re offering manslaughter.

Tommy: I wouldn’t.

Bobby: Really.

Tommy: I don’t think they made their case. Not on murder.

Another courtroom.

Judge: Pretty soon, it will be illegal for a boy to give a girl a flower. I share the petitioner’s concern. I also share the notion that a school is a child’s first introduction to society. It should be no less sexually charged just because they’re children. In fact, because they’re children, maybe these school policies are our best hope of one day curtailing gender hostility and discrimination. We’re quick to say education beats retribution, so let the schools try to educate. I’m upholding the suspension.

Ms Baylor: Oh, you gotta be kidding me.

Rebecca: Roberta.

Ms Baylor: The world has gone upside down.

Judge: I agree. But since passing a note as an adult could cost him a lot of money and even his job, maybe it’s best to give him the message now.

Ms Baylor: And maybe it’s time to change a stupid, ridiculous, God-awful, laugh-out-loud, dumb law.

Judge: There’s always that.

The office. It's night.

Lindsay: (looking at cards on a pinboard) The key is Doctor Cadmin (?). He testified possible. Death wasn't immediate.

Bobby: Remote. The likelihood -

Lindsay: He said possible. You just keep hammering possible, possible, possible, doubt, doubt, doubt, doubt.

Lucy: I'm leaving. If my father knew the hours I kept here...

Bobby: Lucy, what's your father do?

Lucy: He drives a cab. Why?

Bobby: Nothing. (pauses) What about your mother?

Lucy: She's dead.

Bobby: Oh, I didn't mean to... I've heard you say parents...

Lucy: Yeah, well, sometimes I include stepthing. Why are you looking at me funny?

Bobby: I'm not, um...

Lucy: (smiling tolerantly) G'night. (She leaves)

Bobby: (walking to Lindsay, whose sitting at her desk flipping through a notebook) What are you doing?

Lindsay: We have to stand reasonable doubt, Bobby. We can't just try to argue the father did it.

Bobby: I know. (he pauses) Can I ask you something? (she looks up very briefly and then looks back down) Are we a couple? (Lindsay looks back up at him in shock) I mean, a couple in waiting. We've kissed, we... What are we doing? Or, not doing?

Lindsay: What's going on? Are you dying? Why is this suddenly coming up?

Bobby: Well, isn't it strange that we don't address... Obviously we have feelings...

Lindsay: You're asking me if it's strange that you don't address your feelings?

Bobby: Was I just insulted?

Lindsay: Bobby, I was in love with you once. Maybe I still am, but I don't think -

Bobby: What?

Lindsay: Do you really want to get into this?

Bobby: No.

Lindsay: (sighs) This isn't a great life. Great job, but life? I need somebody to pull me out of this a little. And whatever you may be, you'll never be that.

Bobby: So, we're not a couple in waiting?

Lindsay: Truth? I could fall in love with you all over again if I let myself. (Bobby smiles slightly) But I won't. (The smile leaves his face and she sits back down at her desk and resumes working)

The courtroom. {sorry, Channel Seven blacked out for Bobby’s first few lines, or maybe that was how he started, but either way, I missed the beginning of this bit}

Bobby: Their own medical expert told you that it was possible. The injury could have occurred before Kevin Barlow arrived at Evelyn’s house that day. He told you that. Possible. Kevin’s father was alone with him. Did he shake him? We certainly have no evidence that he did, no witnesses. But they have no proof that he didn’t, do they? And he does have a history of violence. Evelyn Mayfield doesn’t. You heard witness after witness after witness tell you they’ve never seen a hint of violence in this woman. Or even anger, for that matter. Their whole case is that she was with the baby at the time of death, while their own doctor says the injury could’ve preceded the boy coming into my client’s custody. Reasonable doubt?

Helen: The doctor’s testimony was that it was a virtual certainty that the baby’s death was immediate. Well, sure, they seize upon that word, possible. It’s a great word, because it’s so difficult to disprove a negative. Possible. Well, anything’s possible, I guess. But that doctor told you that the baby’s death was immediate and the defence has done nothing to contradict it. Maybe Evelyn Mayfield really does believe she didn’t do this. Sometimes psychic anguish can just block out all memory. It’s been known to happen. But she did do it. And deep down, she knows she did it. That’s why she didn’t call the parents, that’s why she froze on the stand. And when all these people from her church march up there and say ‘Oh she couldn’t have, she couldn’t have,’ well, it probably makes it easier for her to think she couldn’t have. The death was immediate, she was the only one there. She cannot account for forty minutes. Forty minutes of blank time which coincides with the time of death. Of course she did it.

Donnell, Young, Dole and Frutt. Ms Baylor enters.

Rebecca: Roberta?

Ms Baylor: I couldn’t sleep all night. I wanna appeal.

Rebecca: We can’t appeal. And even if we could -

Ms Baylor: He’s a good kid.

Rebecca: Well, nobody’s saying he isn’t. Are you okay?

Ms Baylor: What chance has he got? You know, I try to get him to stop stealing, and the best way to do that is to keep him in school, but the school throws him out. (Rebecca murmurs reassuringly) And the courts won’t help me. I’m all by myself. His dad only comes to see him on weekends and I try...

Rebecca: Hey, hey. Nobody is blaming you here.

Ms Baylor: He’s getting away from me. You know, the last couple years he is a good kid. And now he’s out stealing bikes... He needs something I can’t give. And I don’t know what to do about that. (she begins to cry and Rebecca hugs her, again murmuring reassuringly)

Bobby’s office.

Jimmy: What’s up?

Bobby: Listen, everyone’s nervous about you doing the Robin trial. Me, I think you can do it. We have a partner’s meeting later -

Jimmy: A partner’s meeting?

Bobby: Our first one.

Jimmy: In honour of me?

Bobby: I expect to get voted down, but tell me how you plan to try it.

Jimmy: Does it matter?

Bobby: It might.

Jimmy: Tommy Silva’s gonna get up there and try to separate himself from lawyers. I think he’s gonna try to get the jury to send a message. I plan to be more of a little guy than Tommy. Play it simple. Tell them we had an innocent man faced with losing his life. And we fought for him.

Lindsay: (opening the door) Bobby, we gotta go.

Bobby: Verdict?

Lindsay: We’ve been called to chambers.

Judge’s chambers.

Judge: I just received a question from the jury. I’ll tell you how I plan to respond and then give counsel for the state and the defence the opportunity to give any comments or objections. The question is - no, actually it’s two questions. First they would like to know if they can have more water, and second, they would like to know if killing an infant, in and of itself constitutes extreme cruelty. (They all look at each other. Bobby looks worried.)

A room at the courthouse.

Mr Mayfield: So, what’s going on?

Bobby: They’re deciding between murder one and murder two.

Evelyn: (shocked) H -h-how?

Bobby: The question was about extreme cruelty. One of the elements necessary for a first degree charge.

Mr Mayfield: Well, maybe they just didn’t understand it.

Bobby: That isn’t it. They’re not deciding between guilt or innocence anymore. It’s between first and second degree. I doubt that the DA would be even willing to offer manslaughter right now, but I should at least try.

Evelyn: No.

Bobby: Evelyn -

Evelyn: I’m not going to agree to manslaughter.

Bobby: Are you even listening to what I’m telling you?

Evelyn: God won’t let them convict me. I know he won’t. I know it.

Bobby: Listen, I think God has dropped the ball here. Either that, or Helen Gamble got to him. You need to prepare yourself -

Evelyn: (pounding the table) It’s not gonna happen! (she walks to the window, there’s a long pause) He’s going to take care of me. Now, if you could excuse me, I need to pray.

Mr Mayfield: Honey, maybe we should listen to what he’s trying to say here.

Evelyn: I need to pray. (she closes her eyes and looks out the window)

Donnell, Young, Dole and Frutt, the conference room.

Lindsay: You should’ve seen her face. She had this religious, blank stare. She looked like - (she considers)

Lucy: Kenneth Starr?

Bobby: I’m trying to tell her she’s facing life imprisonment and she doesn’t even hear me.

Ellenor: Have they come back with a verdict?

Lucy: Not yet. I told you she was guilty. Eebie-jeebie lady. Shake, rattle and roll.

Bobby: Lucy (he points over his shoulder, out the door. She leaves)

Eugene: It’s not that we don’t think he’s any good -

Bobby: Then why are we sitting here?

Ellenor: Because this isn’t just any case. Our whole future rides on it. Jimmy may be good, but he certainly isn’t our best. We could hire better, get outside counsel -

Bobby: I’ve seen Tommy Silva at work. He plays the regular guy thing like a violin.

Ellenor: That’s exactly why we -

Bobby: Jimmy’s style, I still believe, is the perfect counter. Lindsay, remember how he did in the powerlines case?

Lindsay: Yes -

Bobby: The case against us is stacked. Dead sister, brother accused, life ruined, father dying, evil defence lawyers... This case is tailor made for Tommy Silva. He will tap into the people’s contempt for lawyers. Jimmy is a teddy bear. He’s good. In my opinion he represents our best chance.

Ellenor: All right, why don’t we just take a vote. All against? (Ellenor and Eugene raise their hands and look around the table. Bobby looks at Lindsay who sighs and raises her hand.)

Bobby: All for? Mine counts for two, remember? (he raises his hand. Everyone looks at Rebecca)

Ellenor: Rebecca, you’re a partner too. He can take all of your property as well -

Bobby: Ellenor. Let her make up her own mind.

Rebecca: I’m with Bobby.

Bobby: Three to three, I decide tie breakers, Jimmy gets the case.

Ellenor, Lindsay and Eugene all begin protesting.

Ellenor: So you get three votes now?

Bobby: It’s in the partnership. Jimmy will first chair, I’ll be second.

Lucy: (opening the door and entering) Who won?

Everyone tells her to get out in a not very nice manner.

Lucy: The jury’s back now. Thirty minutes. (she leaves and they all follow her)

Bobby: Jimmy, quick vote. Your case.

Lindsay: Congratulations.

Ellenor: Hey, you’ll do great, Jimmy.

Rebecca: Good luck, buddy.

The courtroom. The jury files in.

Judge: (after reading the verdict) Will the defendant please rise? (they rise) Mr Foreman, the jury has reached a verdict?

Foreman: We have, your honour.

Judge: What say you?

Foreman: Commonwealth versus Evelyn Mayfield, on the count of murder in the first degree. We find the defendant, Evelyn Mayfield, not guilty. (the gallery reacts) On the count of murder in the second degree, we find the defendant, Evelyn Mayfield, guilty. (the courtroom breaks out in excited chattering. Mr Mayfield reaches out to his wife over the bar)

Judge: The bailiff will take the defendant into custody. The jury is dismissed with the thanks of the court. We are adjourned (bangs gavel)

Bobby: I’m filing a motion for the judge to consider reducing the verdict to manslaughter. I don’t think it’s gonna fly but -

Evelyn: We can appeal, right?

Bobby: Yeah.

Evelyn: We’ll appeal, and we’ll win. It won’t end like this. It’ll be okay, Bobby.

The camera pulls back to show Bobby and Lindsay standing at the defence table, while the bailiff takes Evelyn away, and family members/friends comfort Mr Mayfield.

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