Written by: David E. Kelley
Directed by: Alex Graves

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 'Closet Justice'. 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.

News report. The reporter is standing outside a building, from which is being wheeled a stretcher. There are police cars and police tape surrounding the building.

Lillian Curry (newsreader): ... As well as profound grief, Sister Caroline Oaks was a beloved, beloved, member of the church. Preliminary reports say she was stabbed more than thirty times...

Camera pulls back to show Helen and Lindsay’s apartment. Helen is watching the news while putting on her shoes.

Helen: (over her shoulder to Lindsay) Oh, can you believe this? Just what I need.

Lindsay: Helen, it’s a compliment. High profile case, you get the assignment, that’s -

Helen: Too high profile! I don’t need that kind of pressure. It makes my face break out.

Lillian Curry: The police were actually responding to a call from another kidnap victim, Cynthia Simonson, when they found the nun’s body in a closet...

Lindsay: (looking over Helen’s shoulder) The arraignment’s when?

Helen: Nine o’clock.

Lindsay: Maybe I’ll stop by on my way and watch.

Helen: Why?

Lindsay: Cause it’s high profile and I wanna be there for your first pimple. (she smiles teasingly)

Helen: Haha. Funny.

Lindsay: This is big stuff, Helen. They must consider you their go to DA. It’s a compliment.

Helen: Yeah, yeah.

Camera shows the news again, a close-up of the nun’s body (covered in a sheet) being put into an ambulance and then back to Helen’s worried face.

The courtroom, at the arraignment. The doors open and the bailiff escorts Michael Kingston into the room. There are boo’s and yells from the gallery.

Clerk: Case number 32654. Commonwealth versus Michael Kingston, murder in the first degree.

More yelling comes from the gallery. We see Lindsay leaning at the back.

Judge Hiller: Quiet down. (bangs gavel) I said, quiet! (the gallery quiets) Any body who disrupts this room will be removed, possibly to a jail cell. I don’t think you want to test me.

The defence counsel stands.

Mapp: Joseph Mapp for the defendant, your honour, we’ll waive reading.

Helen: Helen Gamble for the Commonwealth. We’d obviously oppose bail.

Judge Hiller: Okay, let’s conference, we can set the trial date then. (she pauses and looks out at the gallery. She leans forward) Counsel, I have great respect for the public defenders (Mapp nods) as well as your work in particular, but, given the magnitude of scrutiny this case is likely to generate, together with the limits on your office’s resources... (raising her voice) Ms Dole, would you step up here, please?

Lindsay looks startled. Helen, Mapp and Kingston turn to look at her.

Judge Hiller: Ms Dole, did you hear me? Would you please come forward?

Lindsay: (making her was through the crowd) I hope you’re not thinking of -

Judge Hiller: You win. Congratulations.

Lindsay: Your honour -

Judge Hiller: Get together with the DA. Let’s conference as soon as possible.

Lindsay: Your honour, I regretfully have to decline. My schedule -

Judge Hiller: Counsel, this wasn’t a request. It’s your case. Next.

Clerk: Case number 32655. People versus Nathan.

Helen and Lindsay just look at each other as Kingston is escorted back out the room.

Courthouse hall, in front of the elevators. Lindsay is pacing. The elevator doors open and Bobby walks out.

Lindsay: Can she really make me do this? She can’t make me. Can she make me?

Bobby: Where is she?

Lindsay: Chambers.

Bobby: C’mon.

Judge Hiller’s chambers.

Judge Hiller: Oh, come on. You love these cases. Granted, it doesn’t involve a chopped off head, but still...

Bobby: We don’t want this one.

Judge Hiller: Why?

Bobby: You know why.

Judge Hiller: Well, then humour me.

Bobby: The victim is a nun. Stabbed thirty times. This kind of crime... The stigma will run to the lawyers defending the psycho who -

Judge Hiller: Again, I keep going back to the client who cut off the girls head. You defended him -

Bobby: He was innocent!

Judge Hiller: To the public he wasn’t! So, you face the same stigma there, Bobby.

Bobby: Which is why we don’t need to be lawyers on this one.

Lindsay: Plus, the District Attorney is my roommate. That’s grounds for disqualification right there.

Judge Hiller: Not if the judge is convinced you’ll rise above the potential conflict, which I am. (Lindsay sighs)

Bobby: Helen Gamble is also an ex-girlfriend of mine -

Judge Hiller: You’ve tried cases against her before...

Bobby: Your honour...

Judge Hiller: Bobby, if I were to recuse you every time you slept with the other side -

Lindsay: Hey. (she glances sideways at Bobby, who glances back at her)

Judge Hiller: There’s already a lynch mob mentality out there, you can see that. I need to ensure he gets a legitimate and zealous defence. You people fight for murderers better than anybody.

Bobby: You can’t force us to take this case.

Judge Hiller: Of course I can. It’s exactly what I’m doing. (Pointing to the door) Go defend him!

Bobby and Lindsay look at each other and leave the room.

Another part of the courtroom.

Jimmy: I got him down to straight probation. I think we should jump.

Burrows: But, Jimmy, if I take any guilty finding, I lose my job. I’ve got a morals clause which says any criminal conviction.

Jimmy: Maybe we could talk to your boss.

Burrows: He can’t waive it, no. There’s a precedent. This is a company with thirty-two thousand employees. This isn’t fair, this isn’t fair!

Rebecca: Mr Burrows, it’s not like you didn’t commit the crime. You offered the woman money.

Burrows: But I never would have. I am sitting in a bar, I am minding my own business and she came up to me.

Jimmy: We’re gonna go with entrapment.

Burrows: Is there any chance we could win?

Jimmy: Yes.

Rebecca: But not a good one.

Burrows: Well, the way I see it, I’ve got nothing to lose.

Rebecca: Yes, there is. You get convicted at trial, you could do time.

Burrows: Miss Washington, it isn’t exactly like my life has a lot of dimension. I have a job, which I’ve put in sixteen years at. I’ve been a complete company man, and they say I can stay on, but not if I have a guilty finding. I wanna roll the dice, Jimmy.

Jimmy looks at Rebecca, then nods at Burrows.

The conference room.

Ellenor: This is bad.

Bobby: What can I tell you?

Ellenor: First of all, if this thing goes to trial we lose a fortune. The court order fees are minimal.

Bobby: I don’t care about the money.

Eugene: Then what’s the panic, then? We’ve done nasty cases before.

Bobby: This was a nun, Eugene, stabbed repeatedly.

Eugene: I understand, but we’ve defended child killers. Are you upset on religious grounds?

Lindsay: Have you been watching the news?

Ellenor: Look, we could bring a motion before a different judge, try to get out of it -

Bobby: Arguing what?

Ellenor: Hardship. That we’re too overloaded to take -

Bobby: (sternly) That won’t fly. Look... (sighs and composes himself) Look, we’ve been assigned the case, so we do the job. Lindsay, meet with the client.

Lindsay: (sarcastically) Oh great.

Bobby: Ellenor, I want you to draft up a motion for a gag order. No doubt Helen will be trying this case in the media every chance she gets. You and Lindsay will try it, if it gets that far, we’re better off with women.

Lindsay: (raising her hand) I’m moving out of criminal, remember?

Bobby: Never mind. Eugene, I’d like you to do a memorandum on changing venue. We need to try and move this thing out of Boston.

Ellenor: How about LA?

Lucy walks in with a note for Bobby.

Bobby: (taking it) Lucy, good. All calls from the media, we have no comment.

Lucy: (quietly) Okay. (she walks out)

Ellenor: Wait. You’re putting her in charge of ‘no comment’?

Lucy: I heard that.

Ellenor: Oh, you heard that? Such radar.

Bobby: All right, all right. Let’s get to work.

They all move off.

Judge Kittleson’s chambers.

Jimmy: (pacing) It isn’t fair. The guy is like this sad sac. It was entrapment.

Judge Kittleson: What do you want from me, Jimmy?

Jimmy: You know I would never ask a favour in a million years that I thought was, you know, unethical -

Judge Kittleson: I don’t know that, actually, but go ahead.

Jimmy: The guy is getting a bum shake. He’s worked hard in his job and he’s about to lose it because some undercover cop got him aroused and... it’s vintage entrapment.

Judge Kittleson: So, make the argument.

Jimmy: I’d like to make it to you. Judge Cohen’s going on vacation. This thing will get transferred to one of six divisions, including yours. I know Mark Patsos, the clerk. I’d like him to steer it your way.

Judge Kittleson: That wouldn’t be a good idea. I wouldn’t kick it. From where I stand your client committed the crime, and second, I don’t appreciate your even asking what you’re asking. It amounts to an exparte communication, it’s wrong and you know it!

Jimmy: I gotta good guy here -

Judge Kittleson: I don’t care.

Jimmy: Fine, forget it. Fine.

Judge Kittleson: You’re angry now.

Jimmy: (getting up) Just forget it. I gotta go -

Judge Kittleson: Hey, Jimmy, I understand you wanna help your friend, but you have to understand that once I put on that robe, I don’t play favourites for anybody. (pause)

Jimmy: Yeah, yeah. I thought I’d just take a shot.

Judge Kittleson: Oh, I do like that. You do take your shots. (she hugs him and whispers in his ear) Say, why don’t you come back in a couple of hours? When the robe is off? (she smiles suggestively)

We see an exterior, aerial shot of the prison, then inside to Lindsay making her was to see Kingston. She reaches the visiting room, sits and they both pick up the phones.

Lindsay: Hello, I’m Lindsay Dole.

Kingston: I know. I was there at the arraignment, remember?

Lindsay: Yes, okay. First of all, attorney client privilege, anything you say obviously goes no further so...

Kingston: Yes, but you don’t want me to be too truthful in case I wanna testify. We have to preserve you from lawyer ethic problems.

Lindsay: (pauses) All right... (exhales) Any thoughts on how a sliced up nun got in your apartment?

Kingston: I haven’t a clue. How’s that?

Lindsay: (ignores that) This woman, Cynthia Simonson, who called the police. Was she being held captive?

Kingston: Shouldn’t you get to know a bit about me, first? I mean, I’m sure a nice person such as yourself has conflicts defending something so vile as me.

Lindsay: I kind of stay emotionally neutral in my cases. So, let’s just stick with the facts of the case. Let’s start with the underlying kidnap charge on the girl -

Kingston: (laughing) I didn’t kidnap her. She came back to my apartment willingly. She just found herself locked in. And that would be false imprisonment, by the way, that’s a distinction from kidnapping. This isn’t your first case, is it?

Lindsay: (giving him a look) No, it isn’t.

Kingston: Cause you got a little virgin thing going on. Well, not that I don’t like it...

Lindsay looks uncomfortable.

Lindsay: Look. Mr Kingston, you’re in jail right now either because you killed somebody, or somebody else played you for the perfect dupe. Either way, I consider you pretty stupid. And if you think you’re going to intimidate me somehow, well, you can just forget that because I really don’t have the time. I’m representing you because a judge ordered me too. And I will defend you as best I can, but don’t mistake my efforts for caring. You disgust me.

A church. The bells are tolling.

Sister #1: The reason he even knew her is because she reached out to help him.

Helen: How so?

Sister #2: He would show up at the church sometimes, angry, despondent. One time, Caroline approached him. That was the thing about Caroline. She was there for everybody.

Sister #1: Being there for him got her killed.

Helen: Three nights ago, she went to see him?

Sister #2: Yes. She got a call from him. And he asked if she could come visit him at his apartment. She knew nothing about his criminal record... (she trails off) We told the police all this.

Helen: I understand, but his lawyers are good and they may take this to trial. I just don’t want to be surprised by anything. For example, they might even claim that Mr Kingston and Sister Caroline were having a physical relationship.

Sister #2: What??

Helen: Their job is to get him off. They’re not beneath arguing anything.

Sister #2: Caroline wasn’t having any physical relationship. If that’s going to be their legal strategy, good luck to them. They got the wrong nun. She went there to help a man she thought was in need.

Sister #1: Miss Gamble, you are going to put this man in jail, aren’t you?

Helen: Yes. I’m definitely gonna do that.

The prison.

Lindsay: This woman, Cynthia Simonson, you say you didn’t kidnap her.

Kingston: I met her in a bar in Kenmore (sp?) Square. She left with me. Happily. She was at the bar with friends, ask them.

Lindsay: And you came back to your apartment.

Kingston: To play Scrabble.

Lindsay: We’re back to being cute now?

Kingston: She left with me to spend the night together. Which we did.

Lindsay: Then why’d you keep her locked up inside?

Kingston: I didn’t. I went out to get coffee in the morning and I have a barred door and padlock. It’s the only way it locks.

Lindsay: And the reason you have a barred door?

Kingston: Safety. I don’t wanna get ripped off. Plus which, I had a nun in my closet and I didn’t want people popping in.

Outside the prison. Police are escorting Lindsay through a loud, angry mob of protesters.

Policeman #1: C’mon (They huddle around Lindsay, pushing back the crowd as they go)

Policeman #2: You got your car here?

Lindsay: I walked.

Policeman #2: Well, you won’t be walking back. We’ll get you to a cab.

Policeman #3: You know where the back entrance is?

Lindsay: Yeah (she’s suddenly hit by two eggs)

Policeman #2: Hey! Back off!

Policeman #3: Well, use it next time.

The office. Lindsay is at her desk, Lucy is trying to remove the egg shells from her hair.

Lindsay: Why me? Why always me??

Bobby: Well, it won’t be you from here on end. I’ll be with you every step. What about the supposed kidnapping of the college girl?

Lindsay: He said she went back to his place voluntarily.

Ellenor: What difference does it make? He carved up a nun.

Bobby: It may raise fourth amendment issues. Do we have an address on her?

Lindsay: Yeah, it’s in my coat pocket. Probably soaked in yolk.

Bobby: Ellenor, try to talk to this girl. Eugene, I guess we should try to contact Dr Crane in case we want to go with insanity.

Eugene: Dr Crane charges five grand. This is court appointed. The state will never authorise that kind -

Bobby: Just give him a call in case we decide to go that route. Given what he did, there’s gotta be a chance he’s insane.

Eugene: So, we’re going to the max for this psycho.

Bobby: Do we have a choice?

They all look glum.

A courtroom.

Undercover Police Officer: We had a few drinks, talked.

Tisbury (defence counsel): And, at some point, officer, you told him you were a prostitute.

Police Officer: I said I was a lady of the evening, yes.

Tisbury: And how did Mr Burrows respond?

Police Officer: He was surprised at first. Maybe shocked.

Tisbury: What happened next?

Police Officer: We kept talking. I eventually asked him if he’d like to go upstairs to his hotel room. He said yes.

Tisbury: Did you ever quote him a price?

Police Officer: Four hundred dollars.

Tisbury: And then?

Police Officer: We went upstairs, he paid me the money, at which point I told him I was an undercover police officer. I placed him under arrest, read him his rights and took him into custody.

Tisbury nods at the judge and returns to his seat. Jimmy stands.

Jimmy: Why were you working this bar undercover?

Police Officer: Mainly because high price call work it. It was a problem.

Jimmy: And this is an upscale, hotel bar, right, officer?

Police Officer: Yes.

Jimmy: Lot of out of town business people frequent it, including many law-abiding people, right?

Police Officer: Yes.

Jimmy: In fact, mostly law-abiding, wouldn’t you say?

Police Officer: Probably.

Jimmy: And you weren’t out to sting my client specifically, were you?

Police Officer: No.

Jimmy: In fact, you didn’t even know who he was, when you sat down.

Police Officer: No, I didn’t.

Jimmy: And when you first sat down next to him, you told him you were an executive secretary, isn’t that right?

Police Officer: Yes.

Jimmy: How long were the two of you talking before you said you were a prostitute?

Police Officer: Maybe an hour or so?

Jimmy: An hour or so. So, for a while, he could’ve thought ‘hey, this woman thinks I’m attractive’. Is that possible?

Police Officer: I guess.

Jimmy: You guess. Well, in fact, that was the idea, wasn’t it?

Police Officer: I suppose it was.

Jimmy: So, before you told him that you worked for hire, do you think it was possible that he was already hoping, maybe, something could happen upstairs in his hotel room?

Police Officer: I don’t know what he was thinking.

Jimmy: Did you feel, sitting there, he was physically attracted to you?

Police Officer: Yes, I did.

Jimmy: Your honour, I’d like to see her as she was that night.

Tisbury: Objection. There’s no point -

Jimmy: It certainly goes to our entrapment defence.

Judge: I agree. The court will be adjourned for one hour. The witness will return in the same attire she wore that evening.

Helen’s office.

Bobby: Life with parole, we both save ourselves a lot of aggravation.

Helen: Are you out of your mind?

Bobby: He could’ve been out of his, Helen, in which case -

Helen: There’s no way I’m making any deal which allows this guy to see the street again.

Bobby: I understand the public outcry, but -

Helen: It has nothing to do with public outcry - (pause as she composes herself, and pulls out pictures of the crime scene. She shows them to Bobby) Look at what he did. (another pause as Bobby looks at the pictures) You want him free one day?

Bobby: (looks at her) No. But if you don’t offer us something, we have no choice but to go to trial. We’ll agree to life.

Helen: I can’t agree to parole. Come on. Did you really expect me to?

Bobby: I don’t feel like devoting six months of my life to this guy.

Helen: Judge Hiller did that to you. Not me.

A courtroom. The police officer is now dressed in a tight black evening dress and is modelling it for the jury.

Jimmy: Could you stand facing the front? (she turns around) Okay. Now facing me. (she turns again) Could you just walk over to the foreman, hold his hand?

Tisbury: Objection.

Jimmy: A woman like this touches you... It has an effect, your honour.

Judge: Go ahead.

She walks over to the foreman, who looks rather uncomfortable, and takes his hand. The rest of the jury watch.

Jimmy: Now, smile at him like you did my client.

She smiles. The foreman smiles back rather bashfully, then looks down.

Tisbury: Objection. (stands) Objection!

The conference room.

Lindsay: I really appreciate you coming in.

Cynthia Simonson: Well, you shouldn’t thank me too fast. I have absolutely no intention of helping you.

Ellenor: Believe me, we completely understand. We, ah, we just have a few questions. The police say you were locked inside Mr Kingston’s home.

Cynthia: Yeah, it was like one of those barricaded doors.

Ellenor: And you went there willingly, correct?

Cynthia: Yeah, I spent the night (there’s a pause)

Lindsay: At what point did you decide that you were kidnapped?

Cynthia: When I woke up. He was gone, and uh, I couldn’t get out, the door was padlocked. I called the police. I was panicked.

Lindsay: And when they got there, you told them that there were guns in the closet?

Cynthia: I told them that was what he told me. (there’s a pause as Ellenor and Lindsay consider this.)

Lindsay: And that’s when they opened it up?

Cynthia: Yeah. It’s the last thing I remembered before passing out. When they opened the door on her... I spent the night with him. I could’ve been next.

Ellenor and Lindsay look at each other.

Bobby’s office.

Lindsay: Good news, or bad, depending on how you look at it.

Bobby: What?

Lindsay: We got a shot at getting this case kicked.

Bobby: Excuse me?

Ellenor: Fourth amendment. Could be a bogus search.

Bobby: (shocked) How do you figure? They moved in on a kidnapping.

Lindsay: There was no kidnap here, Bobby. He was coming back to the place with donuts.

Bobby: The police didn’t know that.

Ellenor: Bobby, there was nothing exigent.

Lindsay: The arresting officer’s taking the stand tomorrow at the PC hearing. And if he says what I think he’s gonna say, out little nun killer could walk.

Bobby: Lindsay, there was a woman locked up inside his apartment and a chopped up nun.

Lindsay: And I’m telling you we might be able to suppress the chopped up nun.

Bobby: (slowly) I don’t really want to.

Lindsay: You think I do?

Bobby doesn’t answer. They all look uncomfortable.

Helen and Lindsay’s apartment.

Helen: You're kind of quiet this morning.

Lindsay: Well, you try taking the side of evil.

Helen: Yeah, well, I’d say let’s head in together but my hair doesn’t like egg shampoo.

Lindsay: Well, you know, we’re supposed to be on different sides. It wouldn’t look so good if we marched in together, would it?

Helen: No. See you there?

Lindsay: (nodding) See you there.

In the elevator at the courthouse.

Lindsay: She has no idea she’s about to be ambushed. I feel like a snake.

Ellenor: Lindsay, it would’ve been unethical of you to give her the idea.

The doors open on a hall packed with media and security.

Security guard: Come on!

Bobby, Lindsay and Ellenor look stunned, the crowd gets louder.

Bobby: Won’t you clear them out?

Security guard: Open to the public.

Bobby: This is incitement!

Security guard: Let’s all keep moving, please.

A courtroom.

Burrows: I paid the woman the money, I don’t deny that.

Rebecca: But?

Burrows: But I didn’t go into the bar looking for a call girl. I sat down at the bar. I ordered a night-cap then she sat down.

Rebecca: Okay. But, Mr Burrows, she didn’t force you to hire her services.

Burrows: We were talking. Getting along. You know, I should’ve known something was up. Pretty women never come up to me. Things were getting flirtatious, and I started thinking ‘hotel bar, I’m on the road, she says she’s on the road’ and my mind is going right to where a man’s mind goes to in these situations.

Rebecca: Which is where?

Burrows: My penis. (the gallery laughs delicately)

Judge: (warningly) Mr Burrows.

Burrows: I’m just being honest. I haven’t slept with a woman in four years. I don’t even go looking for it, I’m a realist. But now, suddenly I’m thinking this is a possibility.

Rebecca: And then?

Burrows: Then she tells me she’s a lady of the evening.

Rebecca: And how did you respond?

Burrows: I was crushed. One minute I was thinking this beautiful woman was actually attracted to me, and then the next I come crashing back down to earth. But as we continued talking, I begin to realise why she’s sitting there, smiling at me, and it occurs to me that this possibility that I’d been so excited about still exists! And all of the little dreams I’d been dreaming... Well, suddenly four hundred dollars seemed cheap and I said yes. She got me as thirsty as she could, she led me to a trough and then I get arrested because I wanted to drink.

Another courtroom. The gallery is full, the front row is half filled with nuns.

Arresting Officer (on the stand): We were responding to a 911. When we got there, we found the girl behind the padlocked steel door.

Helen: Then what happened?

Arresting Officer: We cut through the door, freed the woman. She told us the suspect had guns or something in the closet. We opened the closet door, and found the remains of the nun.

Ellenor: After you cut through the front door, to reach Ms Simonson, there was no real emergency, was there, officer?

Arresting Officer: I suppose not.

Ellenor: And did you feel Ms Simonson had the authority to give you permission to open the closet?

Arresting Officer: Well -

Ellenor: You knew it wasn’t her home, right? (he doesn’t answer) And, by the way, how did you open the closet?

Arresting Officer: Crowbar.

Ellenor: Your honour, at this time, the defence asks that you suppress the entire contents of that closet.

Everyone except for Bobby, Ellenor, Lindsay and Kingston look shocked. The gallery begin mumbling. Lindsay looks slightly ashamed.

Judge Hiller: Quiet down! (bangs gavel) I’ll see counsel in chambers.

Judge Hiller’s chambers.

Ellenor: It’s a no-brainer. No exigency, no plain sight.

Helen: The police were responding to what they thought was a kidnapping.

Lindsay: But after they went in, they had the girl.

Helen: And if there’s cause for an arrest there’s cause for a search incident to an arrest.

Bobby: Did you just make that up?

Helen: Hold on -

Bobby: They could’ve secured the premises, got the warrant. They could’ve come back and searched. Instead, they just skipped the warrant.

Helen: If there was one kidnap there could’ve been two. Somebody clearly could’ve been in that closet.

Bobby: (at the same time as Ellenor and Lindsay) Oh, Helen, don’t insult the -

Lindsay and Ellenor: On, come on. (Ellenor rolls her eyes)

Judge Hiller: All right, let’s just cut through this. I’m told you’d agreed to life with parole. Let’s just do that.

Bobby: That offer isn’t on the table anymore.

Judge Hiller: Bobby, I suggest you take it.

Bobby: Why?

Judge Hiller: Because, that officer could have reasonably believed there were exigent circumstances.

Bobby: What?

Judge Hiller: He’s a young kid. He comes up on a kidnap -

Bobby: Hold on a second -

Judge Hiller: (sternly) Lower your voice, please.

Bobby: You stuck us on this case to do a job.

Judge Hiller: Which I’m grateful for -

Bobby: And you gotta do yours.

Judge Hiller: (pointing at him) Don’t you raise your voice.

Bobby: You’re looking to avoid setting this guy free, I get it. But the search was bad.

Judge Hiller: I said, lower your voice.

Bobby: There were no exigent circumstances. The suspect wasn’t even there. They knew the girl had no authority to say yes to the search. They had to get a warrant. They didn’t. They screwed up. And everybody in this room knows they screwed up.

Helen: And if you suppress the contents of that closet this guy walks. We all know that too. The victim and the weapon were inside.

Judge Hiller: I’ll hear oral arguments tomorrow.

Bobby: Why?

Judge Hiller: Because I want to! It’s my prerogative. You keep forgetting. I’m the judge!

Bobby: Let’s not you forget.

Judge Hiller: Oral arguments at ten o’clock tomorrow.

They all turn and begin to walk out.

Judge Hiller: I’ll see Miss Gamble alone.

They all stop and turn back.

Bobby, Lindsay and Ellenor: Why?

Judge Hiller: Hey! Out! (They reluctantly leave) You better give me something, Helen. I don’t want to set him free anymore than you want me to. But you better give me something because... (pause)

Helen: Your honour -

Judge Hiller: Go get something. You haven’t got much time.

A courtroom.

Tisbury: You thought this woman was a prostitute. You agreed to pay her four hundred dollars for sex.

Burrows: She had me in an aroused state.

Tisbury: Is that your defence? You were in an aroused state?

Burrows: My defence is entrapment. And this crime never would have happened if she hadn’t come along.

Tisbury: And you agreed to pay her four hundred dollars for sex?

Burrows: Yes, Mr Tisbury. They got me, good for them!

Jimmy: (standing) Your honour -

Burrows: No, no, Jimmy. Don’t tell me to calm down. (Jimmy sits, Rebecca looks worried) Now, I’m angry. Now, listen. I pay my taxes and this is what I get? The government is waving illegal candy bars in my face HOPING that I will bite -

Tisbury: And you did bite, didn’t you, sir?

Burrows: Which brings me back to CONGRATULATIONS!!! Listen, you know, maybe you should litter the streets with twenty dollar bills next and bust the homeless for when they don’t turn them in.

The hallway. Jimmy and Rebecca are walking angrily to the elevator. Burrows is trailing after them. The elevator doors close.

Jimmy: What the hell was that?

Burrows: I’m angry.

Rebecca: Our chances ride on sympathy and you just blew it!

Burrows: I don’t care! When I think about what they did -

Rebecca: No, you did it! They maybe brought you to the trough, but you did drink, Clyde.

Burrows: I wanted to drink! I wanted to bite! But I didn’t!

Rebecca: Cause you got arrested before you could!

Jimmy: All right. Clyde, if we can still settle -

Burrows: No!(he hits the stop button) You know something, Jimmy? I’m a weak person. I know that. But I never broke a damn law in my life.

Rebecca: (muttering) Well, you broke this one.

Burrows: They caused me to and it just isn’t fair!

Rebecca hits the start button. She and Jimmy look at each other, and Rebecca shakes her head.

Helen’s office. She’s ordering out her helpers.

Helen: Anything and everything on search and seizure. Get on west law, check the Virginia case that threw out Miranda. Forget lunch, forget dinner. I need those citations by seven o’clock. Go go go!!! (they leave)

Mark (Helen’s boss?) comes in.

Mark: Don’t tell me.

Helen: The officers screwed up, Mark! Now, I’m screwed going in there.

Mark: Helen, if he walks, this -

Helen: He’s going to walk, Mark, unless... (she sighs) Between now and ten o’clock tomorrow morning, I have to find something.

Judge Kittleson’s chambers. Judge Hiller walks in.

Judge Hiller: How up to date are you on the fourth amendment?

Judge Kittleson: The fourth amendment is an embarrassment. What else do you need to know? (Judge Hiller doesn’t answer) What’s wrong?

Judge Hiller: I may have to set the nun killer free.

Judge Kittleson: (shocked) What?

Judge Hiller: Warrantless search. Stupid police mistake.

Judge Kittleson: Oh, god.

Judge Hiller: Maybe I should just look the other way. Let the appeals court do the dirty work.

Judge Kittleson: That isn’t you, Zoey, we both know that.

Judge Hiller: Suppose I transfer it over to you?

Judge Kittleson: Well, it‘s not me either. Besides which, I’m having a little thing with one of the lawyers at Bobby Donnell’s firm, so I’d have to recuse myself anyway.

Judge Hiller: What?

Judge Kittleson: Oh, Jimmy Berluti. Little frolic.

Judge Hiller: Have you lost your mind?

Judge Kittleson: What? I’m not supposed to have a personal life?

Judge Hiller: Well, you shouldn’t be having it with lawyers who appear before you -

Judge Kittleson: I don’t. That’s what I’d just said. I’d have to recuse myself. You know, it’s been quite a while since I’ve seen you smile. It wouldn’t be such a bad thing if you went out and got yourself a -

Judge Hiller: (sternly and rising) Never mind! (she goes to the door and stops. There’s a pause) What am I going to do, Roberta? The man viciously killed a nun. I put him back out there, he’ll no doubt kill somebody else...

Judge Kittleson: What about the kidnap charge?

Judge Hiller: It won’t stick. They arrested the guy coming back to the house with coffee. The phone in the apartment worked, she was free to make a call... Clearly, she wasn’t being kidnapped. What the hell am I gonna do?

Night-time. Helen and Lindsay’s apartment. Helen is perusing a fax from the fax machine as Lindsay enters.

Helen: (not looking up) Nice bomb, Lindsay. Couldn’t tell me over breakfast, could you?

Lindsay: (shaking her head) No. (there’s an awkward pause) Sorry.

Helen: You know, I realise you didn’t want this case either, but still. What you do for a living, it’s repulsive. And your little credo of ‘just doing my job’... It doesn’t excuse it.

Lindsay: (shocked) Hold on a second, Helen.

Helen: No, you hold on. (she walks over to Lindsay, clearly upset) It says something about a person’s character, the type of work that she would do.

Lindsay: You’re turning this personal?

Helen: (raising her voice slightly) The fact that you can represent him, even under court order, and look at yourself in the mirror -

Lindsay: (pushing past her) I’m not gonna listen to this.

Helen: Oh no, don’t! It might kick up a bit of a conscience!

Lindsay: (turning back to her) Oh, give me a break. (Lindsay still hasn’t raised her voice)

Helen: (yelling now) No, Lindsay, the breaks go to people who kill nuns!

Lindsay: (now beginning to raise her voice, but only slightly) And the police cause they’re always innocent.

Helen: The police try to catch criminals, Lindsay -

Lindsay: Well, what about when three of them planted a knife in Ellenor’s desk trying to frame her and George Vogelmann?

Helen: I’m not talking about that!

Lindsay: (loudly, but still not yelling) I am. And you’re crying about -

Helen: (yelling desperately) This guy killed a nun!

Lindsay: And if we could trust the police then we wouldn’t have all the search and seizure -

Helen: Oh, don’t talk to me! (she turns her back on Lindsay)

Lindsay: Oh, don’t turn this on me. If you were in my position, you’d do the same -

Helen: (yelling right in Lindsay’s face) I would never be in your position!!!

Lindsay: Hey.

Helen: (crying) Go to hell!

Lindsay: (quietly and dangerously) You go to hell.

She walks away and slams the door. Helen slumps to the floor, crying.

Helen and Lindsay’s apartment, the next morning. Helen is sitting at the table in front of a lap top computer. The table is covered in papers and books

Lindsay: (coming in, surprised) Were you up all night?

Helen: Couldn’t sleep. I’m sure you could.

Lindsay: Oh, go to hell again.

Helen: Lindsay. (she pauses) I’m sorry. I don’t mean to take it out on you, but you’re here.

Lindsay: You think I want the guy free, Helen?

Helen: (shaking her head) No.

The courthouse.

Tisbury: He hired her. Four hundred dollars he agreed to pay her. And his defence is what? The aroused penis defence? The thing about prostitution, ladies and gentlemen, we can throw the janes in jail. But they end up right back out there. Because they have no choice. Broke, some with drug problems, some with children to support... They can trade on their bodies, and they do. They end up right back out on the street. Because as far as they see it, there’s no other choice. Deterrence works on the johns. And if we can shut down the demand by going after them... And this man (pointing to Burrows) he had a choice, didn’t he? He chose to knowingly break the law. To pay for sex. Now, he has to pay the consequences for that choice. (he sits)

Jimmy: Entrapment. That’s defined as when a person is lured into the commission of a crime that he has no predisposition to commit. And that’s this case. Clyde Burrows never would’ve committed this crime if he had been left alone by the police. That’s entrapment. And Mr Tisbury stands here, lecturing you on how we have to stop the johns. Clyde never was a john in his life. He only became a john here, because the police convinced him to become one. And, big picture. Is this what we want the police to be doing? Staking out law-abiding citizens, baiting them into committing crimes, then busting them? Sure, if Clyde Burrows had been stronger, he could’ve resisted. Maybe if he’d been more moral, he would’ve resisted. But he wasn’t. He was weak. And thank goodness we have the police to go out and find the weak and lure them into committing crimes. Come on. The police are supposed to protect us! Not trap us. The police are supposed to be catching the people who are out there committing crime. Not finding innocent people and luring them into committing crime. (he pauses) Clyde Burrows would not be sitting here today but for the actions of a police officer. (slowly) Is this the government we want? (he stares at the jury meaningfully)

The office. The phone rings and Lucy picks it up.

Lucy: Donnell, Young, Dole and Frutt... (she listens) Oh, shut up. (she hangs up and dials again. Faintly we can hear the ring on the other end and the greeting) Ever heard of *69, you idiot?? I’m reporting you to the police. (she slams the phone down)

Eugene: (coming out of his office) What’s going on?

Lucy: It’s this case. People don’t like us doing it. (she walks away leaving Eugene looking thoughtful)

The courthouse.

Lindsay: Absent exigent circumstances, the police cannot search without a warrant.

Judge Hiller: They thought she was kidnapped.

Lindsay: Which buys them entry. But once they had her, once the exigency was over, they had to get a warrant. There was no danger of losing evidence, they could’ve secured the premises. They can’t even argue search incident to the arrest because the suspect (indicates Kingston) was arrested outside the building. (pause and sigh) I know the idea of setting a murder defendant free is, of course, repugnant to everybody in this room. Especially this defendant. But we have a constitution. A fourth amendment and case law that couldn’t be more clear. The police were required to have a warrant to search that closet. They didn’t get that warrant. As a result, everything in that closet is inadmissible as evidence.

Judge Hiller looks thoughtful. Lindsay sits.

Judge Hiller: Ms Gamble (Helen doesn’t move) Ms Gamble? (Helen stands)

Helen: The fourth amendment does not require warrants. It protects people against unreasonable searches, but it has never, by its language, required warrants.

Judge Hiller: The Supreme Court has chimed in and said that it does.

Helen: The modern Supreme Court interpret it that way. The language only required reasonableness, and nowhere, nowhere does the fourth amendment say that evidence obtained absent of warrant, or even absent of reasonableness be excluded. This exclusionary rule wasn’t carved out by the courts until 1961. That means for 172 years the fourth amendment did just fine without excluding evidence. The courts decided to impose that sanction. The courts decided that that would be the best way to remedy police misconduct. Now, we’ve stretched it to remedy police mistakes. Innocent mistakes which themselves are reasonable. If a convicted felon locks up a woman, if he tells her has guns in his closet, reason says he’s forfeited his right to privacy. Reason says those police officers should go in and investigate.

Judge Hiller: Are you asking me to ignore the holdings of the Supreme Court?

Helen: I’m asking you to recognise the absurdity of the exclusionary rule. I’m asking you to recognise how ridiculous it is to require 20 year old police officers to understand the law when judges and lawyers can’t. In this case, there was no misconduct by the officers. They rescued a woman who appeared to be kidnapped. They attempted to make sure the apartment was gun free before the kidnapper returned. This is reasonable. That man sitting right over there stabbed a nun thirty times, and cut her into pieces. He has a felony record, he - (she breaks off and takes a minute to compose herself. Lindsay looks concerned) Last night, I got into a creaming argument with the defence counsel. (Lindsay closes her eyes) She accused me of making this personal. It is personal. I take my job very personally, your honour. I like to come in here thinking the work I do counts for something. Just like those police officers. And when we see criminals get turned loose on technicalities that have nothing to do with merit or - (she sighs) The Constitution was designed to protect then innocent. Not the guilty. And this case, this man, your honour. Feed this right into the mouths of the Supreme Court. If they wanna spit him back on the street, yes. Yes, I’m asking you to overrule recent decisions. We need a brave judge to do that, your honour, otherwise, they’ll never get the chance to revisit the irrationality of - (she breaks off and pauses) He killed a nun. He mutilated a nun and stuffed her into a closet. The fourth amendment was never meant to protect this animal. I’m sorry. It’s personal.

The hallway. Bobby, Lindsay and Ellenor are pushing through the protesting mob to a room. They enter and close the door.

Ellenor: Wouldn’t wanna be Judge Hiller.

Lindsay: I think Helen did pretty well.

Bobby: Giving her a hand? I’ve seen you better?

Lindsay: I’m sorry?

Bobby: You hit all the marks, you certainly weren’t bad, but I’ve seen you better.

Lindsay: Are you accusing me of something?

Bobby: No.

Lindsay: Let’s see you defend that guy better, Bobby.

Bobby: I wasn’t criticising -

Lindsay: Yes, you are. And I don’t like it. (there’s an uncomfortable pause)

Helen’s office. She’s at her desk, staring sadly off into space, on the brink of tears. She slowly leans forward and rest her head in her hands.

Courtroom. Burrows trial.

Judge: Will the defendant please rise? (Jimmy, Rebecca and Burrows stand) Has the jury reached its verdict?

Foreman: We have, your honour.

Judge: What say you?

Foreman: In the matter of Commonwealth versus Burrows, on the count of solicitation. We find the defendant, Clyde Burrows, not guilty.

(Clyde’s happiness and relief is quite obvious)

Rebecca: (dumbfounded) Wow.

Burrows: Oh god... Thank you! (turns to Jimmy) Thank you.

Jimmy: (smiling) You stuck to your guns, Clyde. You hung in there.

A bar. Jimmy, Rebecca and Clyde are celebrating.

Jimmy: I gotta admit, I didn’t think we’d win.

Burrows: Yeah, well, I owe you big.

Jimmy: Do me a favour, from now on go to bars like this instead of hotels. Pretty women don’t come in here. Oh, except for Bec.

Judge Kittleson: (appearing behind them) I take offence at that.

Jimmy: (surprised to see her) Roberta - (stands)

Rebecca looks doubtfully at Judge Kittleson.

Judge Kittleson: Hi. I just swung by to tell you I won’t be able to see you later tonight. I gotta check on Judge Hiller. She may need me.

Rebecca: Oh. How’d she rule?

Judge Kittleson: Oh, she hasn’t yet. I don’t know which way she’s gonna go. (she turns back to Jimmy) So, can I please have a raincheck for dinner?

Jimmy: Sure. (Judge Kittleson’s beeper goes off) Sure.

Judge Kittleson: Oh, never mind... I gotta go, um - (she kisses Jimmy on the cheek) I’ll call you later. (she leaves.)

Rebecca looks at Jimmy questioningly.

Jimmy: (defensively) We’re friends.

Rebecca looks disbelieving, and doesn’t answer.

Courtroom. Once again the gallery is full, the front filled with nuns. Judge Hiller enters. There’s a long silence.

Judge Hiller: (taking a deep breath) I agree with Miss Gamble. There is nothing in the language of the fourth amendment that requires warrants. Nor is there anything that says illegally obtained evidence should be excluded. These rulings have been carved out by the courts in response to our distrust of the police. I also realise that the courts are more willing to adjust their thinking for the needs of the day. We search bags at airports now without warrants. Make people go through metal detectors. California requires finger prints just to get a drivers licence. The Department of Transportation has mandatory drug testing. We have all these invasive things we do to people, absent not only warrants, but absent any suspicions of wrongdoing! So, why can’t a police officer who’s been told there are weapons in the closet of a convicted felon, a man suspected of kidnapping, why can’t he open the closet? I agree with the district attorney, the fourth amendment has been interpreted and expanded by the courts to the point where it belies both the language and the intent of the amendment. Which is reasonable? (slight pause) But. I also know the Supreme Court rulings on search and seizure have set clear rules. And as much as I would love to be a renegade, our criminal justice system has no chance whatsoever once the judges themselves begin embracing judicial anarchy. (she begins to speak slowly) The search of the closet was illegal. The contents are inadmissible. (Helen shakes her head, sadly) With the contents suppressed, I find no probable cause to hold the defendant. He is free to go. (she bangs the gavel and leaves quickly)

The gallery is in an uproar. The nuns are stunned and the reporters are badgering Kingston as he gets his cuffs removed. Bobby and Ellenor look uncomfortable, Lindsay like she’s about to start crying. Helen also looks about to start crying. Kingston leaves the room, a huge smile on his face. Lindsay stands and walks towards Helen. They meet in the middle of the tables and hug each other, crying softly.

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