Hey, pretty boy.
How'd you like to go to Texas?
I'd love to. I haven't had my shots.
I used to work on the Texas innocence project.
One of my cases is up on appeal and they've asked me back to argue.
I could really use your help.
- Because? - My last appearance...
I unfortunately lost my temper with the chief judge.
I'm afraid he could be prejudiced against me.
So I'm looking for the best lawyer I can find.
I think that's you.
- What kind of case is this? - Capital.
The client is scheduled to be executed in 72 hours.
He could be innocent.
What do you say?
I say I've always wanted to go to Texas.
Boston Legal 1x17 Death Be Not Proud
ORIGINAL AIR DATE ON ABC: 2005/03/20
I certainly appreciate you seeing me, Shirley.
I know how busy you are.
Miriam, how long have we known each other?
Well, certainly very long.
But I am mindful of your hectic schedule, and I'm appreciative.
What's up?
Well, I don't know exactly how to say this,
especially to someone with whom I've enjoyed a long and rewarding friendship.
But I've gotten myself into a situation.
I'm beginning a trial next week in which I'm...
the defendant.
It's a criminal case?
I'm charged with engaging in sexual conduct for a fee.
You paid a man to have sex with you?
Many times.
When you say "many times"...
Hundreds.
You are not going to wear that once we get there.
- Why not? - This court antagonizes easily.
Understood. How do I look?
The client's name is Ezekiel Borns.
He likes to be called Zeke, he has an I.Q of 80.
He was convicted eight years ago in the shooting death of a gas station attendant.
We finally got a DNA test ordered. It came back negative.
One would think that would be enough to clear him.
But the problem is he confessed after an all-night interrogation.
He could have been coerced, maybe brainwashed, maybe both.
When we land, I would like you to go meet Zeke
while I try to get a meeting with the D.A.
I assume you already tried the governor.
I'm told he giggled.
High court is our last stop.
- High court? - Texas doesn't have a supreme court.
They have two High courts, one for civil, and one for criminal.
And the chief judge on the criminal High court...
we had words on another case.
When you say you had words...
I called him a disgusting fat pig.
Denny Crane? Oh, no, I, I couldn't possibly...
Miriam, listen, your case comes before judge Clark Brown.
Denny seems to have a take on him.
I couldn't possibly.
Shirley...
I don't tell people this,
but Denny and I...
I once had relations with him.
Listen, this many offenses...
you could be looking at time here.
If Denny gives us any advantage at all...
I'm so beyond humiliated.
Which brings me to my next bomb.
I see no real defense here, except, perhaps, medical.
I'd like to be able to tell the jury that...
you're a nymphomaniac.
Has he ever shared with you any information
that could possibly contradict his signed confession?
Uh, no, but I'd never quire.
Not a curious guy, Father.
The role of clergy is only to get the inmates ready and willing to die.
Zeke?
My name is Alan Shore.
I was all doped up.
I remember being at the gas station, but...
Well, Zeke, why did you confess?
They kept telling me I did it.
And they had witnesses. I knew I had been there.
I probably did do it.
Your confessions didn't include the word "probably."
Zeke, you have no memory of shooting the attendant.
You're gonna get me sent to hell is what you're doing.
- I beg your pardon? - I've already made my peace with god.
If I start saying I didn't do it...
Zeke, I'm trying to prevent your being executed.
They're gonna kill me, Mr. Shore.
And my only salvation's in the next world.
I gotta keep my peace with god.
Is this from his trial lawyer?
Went into a 12-step program.
Had to apologize to those he let down.
- Has Zeke seen this? - We sent him a copy.
Zeke doesn't write back.
Right.
- Nymphomania? - Anything you can find.
And we'll need to line up an expert who can testify possibly as soon as tomorrow.
It's not a real disease.
It's an excuse offered up by sex-perv sickos.
Yes, Brad, thank you for that. / It's also a sexist diagnosis, as well as bogus.
If a man was running around trying to shtup everything he could,
we wouldn't say that he had a disease, we would just call him...
Denny Crane.
Exactly. I'll need that research ASAP.
Denny, right this way. Thank you for joining.
I'm a very busy man. I have a caseload.
You wouldn't believe. So...
Hello, Denny.
Miriam?
Don't tell me I have another child.
Miriam has a criminal case beginning tomorrow.
Criminal?
What did you do?
I can tell you what she's charged with.
Can I count on your sensitivity?
Of course.
She's charged with engaging in sexual conduct for a fee.
You're a hooker?
- I'm leaving. - No.
She paid for sex. She didn't charge for it.
And the judge is Clark Brown, which is the reason you're here,
in addition to your profound tenderness.
We plan to perhaps use a medical defense of...
nymphomania.
- You're a nymph? - Denny.
You mean when you and I went on that long weekend to Napa, and, and
you did those things...
She was sick.
We have work to do. We can't...
I'm not about to go to Texas and not ride the mechanical bull, Chelina.
That would be like going to Los Angeles and not sleeping with Paris Hilton.
- You'll get hurt. - Nonsense.
I grew up riding ponies in the pumpkin patch.
Chelina.
Yes. We've just had a slight delay.
Alan wants to ride a bull.
Can you get me the case?
Fax it to the motel.
Thank you.
Evidently, an execution got stayed in Connecticut.
The lawyers argued something called "death row syndrome."
Death row syndrome?
The theory being that death row can actually overwhelm the will to live,
and contribute to a general incompetence.
- That could be Zeke. - Exactly.
Notify my next of kin.
Oh, god.
Novice, intermediate, or expert?
Expert.
I teach it, actually.
Do I get a whip?
Intermediate.
Chelina.
We will.
10:00 A.M. is, it's fine. We'll be in his office.
Thanks, Jerry.
- We got our meeting with the D.A. - Great.
Intermediate.
Help.
Help!
Intermediate!
It's not a real disease.
It is part of our culture, Brad, and our role here is as advocates, remember?
Shirley, that point is well taken.
There is an enormous risk with this kind of defense.
- If the jury rejects it... - but juries often don't.
In 1970, we had the cable car nymphomaniac in San Francisco.
She was awarded $50,000 for a crash that left her with a demonic sex urge.
That case occurred when the medical community was more open to the diagnosis.
Well, there are other possible diagnoses as well.
She could be bipolar.
There's also a condition known as Kluver-Bucy syndrome,
which can result in hypersexuality.
Miriam Watson is a very successful and private businesswoman.
Should we raise nymphomania as a defense,
the media will have a field day.
Which is why we're trying to nip this with a plea bargain.
But without some defense, we have no leverage.
Judge Brown.
Come again?
I don't like it when you say that, Shirley. It puts pressure on me.
What about judge Brown?
He's a virgin.
And that would be relevant how?
If he saw in our client an opportunity...
May I speak to you two a second?
This is not funny.
That man is a senior partner here,
and the only time of the day he's not making lewd sexual inferences
- is when he's doing so blatantly. - Lori...
No, Shirley, I am sick of it.
I am making an official complaint.
You're on notice. And you're on notice.
I've had enough.
First, you cannot, cannot argue the morality of the death penalty.
- Every judge sitting up there is for it. - Clearly.
Second, do not mention Zeke's innocence.
I'm sorry?
They won't listen. He did confess.
Isn't it the DNA test that got us the appeal?
The DNA here does not exonerate him.
It certainly indicates the presence of somebody else at the murder scene.
Proving innocence is one thing.
But since we can't do that, our case here is procedural.
The DNA result is ancillary evidence,
which hopefully will occasion them to look at procedural flaws.
Does that make any sense?
Yes, it does.
This is Texas.
I must say, I agree with the district attorney.
If this were a one-time offense,
but the complaint alleges over 100 infractions.
- It's shocking. - If I may, your honor.
- This is a victimless crime. - Victimless?
When somebody's action impugns the values of society,
- we are all victims. - Yes, yes, yes for all that.
But consider the shy people.
The shy people? / Yes.
If one were a single man, painfully shy,
a virgin, time running out, one might like to meet this woman.
She could help one.
He's mentally impaired, Glenn.
You know this. Your own expert said so.
He was born with severe fetal alcohol syndrome.
Chelina, this was all raised at trial.
Now, at some point, a finding has to be final.
I'm sorry. I realize I'm new,
but didn't the supreme court rule you can't execute mentally retarded people?
He has an I.Q of 80.
The cutoff point for retardation in Texas is 70.
Did you even read the prison reports on Zeke's character?
This isn't about whether he's been a good boy in prison.
Point is what he did at the gas station.
Perhaps he didn't do it.
He has an I.Q of 80.
All you really have is a confession, which most likely was a product of coercion.
No weapon was found. DNA placed someone else at the scene.
How about on the possibility of Zeke Borns' innocence,
we hold off just a bit on killing him?
You must be new to Texas, Mr. Shore.
- I told you not to raise innocence. - How could we not raise it?
They hear it all the time, Alan, don't you get it?
"My client is innocent. My client is innocent,"
every single complaint case. It's the standard refrain.
It has no impact when you can't actually prove it, which we can't.
- The trier of fact found him guilty. - That doesn't mean we can't argue...
Look, I've done this before.
I know the way it works down here.
Our claim has to be procedural. It's the only chance Zeke has.
And before you march into court
and tell everybody that the confession was coerced,
keep in mind Zeke hasn't recanted.
He's still maintaining he did it.
Lori, while we understand your issues with Denny,
while we are certainly taking steps to resolve them,
I don't think you need to lodge an official complaint of sexual harassment.
- Shirley... - Because if you do,
we are required by law to initiate certain procedures.
It could get very messy for all involved.
Is that a threat?
He is ultimately a benign man who we all happen to care about,
including you.
I think what you really mean to do is to voice your concern unofficially.
I am making an official complaint.
If there's paperwork to be filled out, please have the forms sent to my office.
You little bitch.
There is no evidence of you ever having had a gun before,
or ever shooting one.
Zeke...
I certainly don't wanna put words in your mouth,
but if you have no memory of doing it...
If you don't recant,
by this time tomorrow, you will be dead.
I'm gonna be dead no matter what.
The question is, do I go with god on my side or not?
From what little I know of god, Zeke, he's on your side no matter what.
He also favors the side of truth.
Now, if the truth is you didn't do it...
I did drugs.
I stole.
I was a bad person.
And now I need to be a strong person.
I need to have courage now for once.
I'm gonna be brave.
After my marriage dissolved, my sexual desire became inflamed.
I was in a few relationships,
and my appetite took on more the form of an addiction.
When you say "addiction"...
Now whenever I so much as look at an able-bodied man,
my southern region turns tropical.
And this compulsion led you to male prostitutes?
Where else was I to go?
I'm a 56-year-old woman.
It's not as if I can walk into a bar, or...
I suppose if I were in a relationship...
What the hell was that?
"My southern region turns tropical," that little look to the judge?
Did you coach her to do that?
If the judge likes us, he gives us a good instruction.
It's as simple as that. He might even give us a directed verdict.
I'm sensing some intent issues with the prosecution's case.
I can feel it.
The judge has intent issues.
These judges are only human, Chelina.
They certainly have to appreciate the possibility of his innocence here.
When I left this job, I told everybody it was because I wanted to make more money.
The truth is I couldn't take it anymore.
I couldn't take seeing clients die.
Did you win any?
Sometimes you must have prevailed.
I remember reading a death penalty was overturned here just last year.
Yeah, a New York firm volunteered to handle it.
It took them 10 years and cost $5 million.
The state of Texas has the most overwhelmed and underfunded defense bar in the country.
They get $25,000 to appeal a death case.
The prosecutors have an unlimited budget.
- It's a joke, Alan. - We have good grounds here,
the trial lawyer has admitted he provided inadequate counsel.
Alan, this is the court that held a sleeping lawyer isn't necessarily inadequate.
You have to show he was sleeping during the important parts.
You asked me before why Texas,
instead of having a supreme court, it has two High courts?
The reason...
is to speed up the death cases.
They've cut the time it takes to execute people in half.
It's why Texas leads the country in executions proudly.
Seven of the nine judges you will face tomorrow are former prosecutors.
Hey.
I promise you...
by the time I finish tomorrow,
those judges, every last one of them will rise up and say,
"Never mind executing Ezekiel Borns, let's kill Alan Shore instead."
I'm sorry.
Maybe we...
we should probably get back to work.
Yeah.
Public presence here, Jerry. There's one protestor outside.
What am I gonna do, Chelina? It's just not as big a story as it used to be.
We'd be better off with nobody than one.
I'll call you after.
I told you you are not wearing that hat.
Take it off.
Listen, last night...
sometimes lawyers will bond over a cause, and, well, I...
Chelina,
let's go argue the cause.
Remember, this motion is a nuisance to them.
They will antagonize you.
If you even feel yourself wanting to retaliate, you say,
"with all due respect, may it please the court."
Anything else?
Persevere.
They will try to shut you down before you even begin.
Persevere.
I got it.
There is no question that
the defendant entered into a transaction for sex with someone for consideration.
However,
one element of this crime is criminal intent.
The burden is on the prosecution to prove this element beyond all reasonable doubt.
If a medical condition deprived the defendant of her free will,
or even unduly influenced her, she lacked that intent.
Since the prosecution failed to eliminate
hypersexuality or bipolar syndrome
or Kluver-Bucy syndrome as a cause for her conduct,
well, then, I feel I have no choice but to deliver a verdict in favor of...
the defendant.
Miss Watson, you are free to go.
What?
You got to that judge.
- I don't know what you're talking about. - You knew his ruling by heart.
Boilerplate. / A ruling that was ridiculously pro-defense.
Denny Crane.
What did you do, promise him a date with our client?
First of all, I would never ever do anything like that, never.
Secondly, if I did, I would never ever tell you. Never.
Third...
And you, was there any quid pro quo here?
- How dare you? - Oh, never mind how dare me.
You're a serial intercourser. That ruling was suspect.
- Bribing a judge. - Never did that.
Well, the two of you are going to have to live with yourselves on this one.
For now, like the judge says, you're free to go, as is your lip.
Ezekiel Borns murdered a man in cold blood for a few dollars.
He confessed to it.
The petitioner has gone up and down state and federal courts,
exhausting his appeals,
losing his habeas arguments,
and failing on claims of constitutional violations.
Four different courts of appeal have reviewed
and rejected each and every one of his arguments.
Now is the time for this man to pay the penalty
imposed on him fairly and legally.
Now, a Texas jury has decided that Ezekiel Borns is a dangerous killer.
He has forfeited his right to live.
Thank you.
"With all due respect, may it please the court."
Good afternoon, my name is Alan Shore.
Mr. Shore, what are the new issues being raised here?
The first issue before the court
concerns the absence of any African American jurors.
That was previously argued and ruled on, counsel.
Yes, before the lower courts. This bench has never considered...
We're not persuaded that the absence of a black juror
is in violation of due process.
What's your next issue?
I would turn the court's attention to the fact that the grand jury
which indicted Mr. Borns similarily was all white.
This raises equal protection laws...
That issue was never raised, and is therefore waived.
Your honor, Texas law requires that the jury recommend death only in cases
where they find that the defendant poses a threat of future dangerousness to society.
We maintain this is unconstitutional.
Juries are supposed to find elements of guilt and innocence
based on facts beyond a reasonable doubt, not on the basis of perceived probabilities.
Moreover, as a practical matter,
since Ezekiel Borns will remain in prison for life,
he couldn't possibly constitute a future threat to society
unless the law assumes prison breaks.
Well, that's an interesting issue, counsel,
but that also was never raised, and therefore, it is deemed waived.
Next.
May it please the court,
Mr. Borns' trial lawyer has recently admitted he was ineffective counsel.
He was abusing cocaine and alcohol during the trial...
- Not legally inadequate. - I believe if you examine the transcripts...
Mr. Shore, representation can always be better,
especially when we play Monday morning quarterback.
With all due respect,
this lawyer never gave an opening statement.
He never questioned several of the prosecution's witnesses.
He failed to pursue a number of leads and important sentencing issues.
This court right here today
has recognized that many valid grounds for appeal were never raised.
This court is satisfied that the representation was adequate.
Is there anything else?
Yes, Mr. Borns may be innocent.
The jury disagreed,
and legally, that issue has been settled.
The DNA evidence shows somebody else was there.
But it does not disprove that your client was also there.
And your guy confessed, by the way.
My client has an I.Q of 80. He was interrogated for 16 hours.
Coercion was never raised.
It was never raised because his lawyer was an inadequate hack,
though the nine of you seem quite satisfied with his performance,
with all due respect.
Mr. Shore, you came down here from Massachusetts?
Yes, sir.
We in Texas have been living with this case for eight years.
You've been living with it personally?
May it please the court.
You first met Mr. Borns when?
Yesterday.
And you are proposing to us that you know him?
You know what I'd like to propose?
I'd like to propose that you got a problem with the death penalty in general.
Now, is that why you came here, sir?
I am here, with all due respect, may it please the court,
because I have a problem with a state executing a man with diminished capacity
who may very well be innocent.
I'm particularly troubled, may it please the court,
with all due respect, that you don't have a problem with it.
You may not want to regard my client's innocence,
but you cannot possibly disregard the fact
that 117 wrongfully convicted people
have been saved from execution in this country, 117.
The system is hardly foolproof.
And Texas, this state, is responsible for a full third of all executions in America.
How can that be?
The criminals are just somehow worse here?
Last year, you accounted for fully half of the nation's executions,
50% from one state.
You cannot disregard the possibility, the possibility that something's up in Texas.
I would urge you to confine your remarks to your client,
and not the good state of Texas.
Zeke Borns never had a chance.
He was rounded up as a teenager,
thrown in a cell while he was still doped up on drugs,
browbeaten and interrogated until his I.Q of 80 was overcome.
He confessed to a crime he had no memory of,
still has no memory of,
for which there is no evidence,
other than two witnesses who saw him pumping gas around the time of the murder.
He was given a coked-up lawyer who admittedly did nothing.
I'm now before nine presumably intelligent people in the justice business
who have the benefit of knowing all of this.
Add to that, you know DNA places somebody else at the scene,
and you're indifferent!
You don't care!
Whether you believe in my client's innocence, and I'll assume...
With all due respect, may it please the court, that you don't.
You cannot be sure of his guilt.
You simply cannot.
And failing that, how can you kill him?
How can you kill him?
And I would sincerely, sincerely,
sincerely hope that you don't penalize my client
simply because his lawyers happen to be from Massachusetts.
The home of the New England patriots,
who could kick ass over any football team you've got in the good state of Texas,
May it please the court.
I am so sorry.
No, you don't have to apologize.
They gave you nothing.
You had no choice but to go with your passion.
Could have left out the slight on Texas football, but...
You were strong, Alan.
And maybe you reached them.
The court hasn't ruled yet.
Six hours before, he goes to Huntsville.
- That's the law. - What's in Huntsville, bleachers?
The death house. They put me in the walls unit.
Why move him if there's still a chance?
- Jerry? - No cell phones in here.
Just now?
They turned us down.
Well, let's go then.
- I'm so sorry, Zeke. - I'm ready, Chelina.
I'm gonna be strong like a hero. You watch.
Will you watch?
I want people to see me strong.
I got no family.
Will you come?
Sure.
We'll be there.
Let's go, Zeke.
We'll go and see it together.
He bribed the judge?
I can't be sure, but I think he had some undue influence.
As much as I adore him,
it's only a matter of time before he brings this place to its knees.
He's the named partner,
the lead named partner.
I think we've gotta take him out.
I get ice cream.
- Chocolate. - Yeah, you're set.
They said maybe sprinkles.
Guess I don't need to worry about my cholesterol.
Governor's in Hawaii, unavailable.
There's still hope, however.
I made a few calls, tracked down a woman I know
who is actually performing in a charity luau where the governor is scheduled to be,
Polynesian dancer.
So you're saying this whole thing could come down to...
A hula girl.
I know this girl. She's good.
- Zeke. - Let's do this.
I'm ready to die. I'm strong.
Would you excuse us for a minute, please?
Zeke, you talked about being a hero.
Strong and brave may not go with hero here.
What do you mean?
The state of Texas wants people to believe you're a monster.
I think you should show them
you're a human being.
And the human thing to do here is be afraid.
If you wanna be a hero,
show people what it really feels like to be executed.
We're led to believe
it's peaceful, painless,
humane, even.
I think you should fight to the end, Zeke,
and show your fear.
This is because you're against the death penalty, right?
Well...
Whether a person is for or against the death penalty,
he or she should just know what it is.
The best way for you to be a hero, Zeke,
is to be human.
I've also included a brief synopsis of the case history,
should he care to peruse it over a Mai Tai.
Excellent, Angela.
You have my number, you also have Alan's,
and I've given you Chelina's cell, and the number at the WLS unit.
Thank you. Aloha. Make speed.
He's actually petitioning the Texas governor by way of...
Hula girl.
Justice works in strange ways, Paul.
Ask judge Brown.
Did Denny bribe him?
I can only guess.
Tara, do you ever feel sexually harassed by Denny?
Never.
He never objectifies you?
All men objectify me.
I don't.
I don't!
Hello, Angela?
Yes, without question.
He must be there, Angela.
I got his schedule directly from his press secretary's assistant.
You got my fax? In your hand?
Then find the governor, get it in his hand.
We have less than 10 minutes. Maybe 5.
Okay.
No cell phones are allowed in here.
How'd you get by with that?
I told the guard we were waiting for a last-minute call from your conscience.
Collect.
Do you see that guy?
Media. One guy.
It's not even a story.
Do I get to say my last words now?
If you like.
It's just...
I don't know if I did it,
but if I did, I'm sorry, you know?
Time to get on now.
Okay. Thank you for everything.
No.
Get his legs. Get his legs.
Get his legs.
Get him on there.
I got him.
Right there.