Previously on 'Boston legal'
Jerry said you were worried you might have done this.
I experienced some kind of a blackout.
We need to change our plea.
No, no, no, no, no, no!
She's insane.
What do you think Mrs. Wilkes loved most about you?
I made her laugh.
You made her laugh.
I'm funny.
Were you obsessed with Marcia Hooper?
I adored her.
Why'd she get a restraining order against you?
What do I have to do, kill somebody?
Oops. I didn't see you there.
What are you doing, Lincoln?
Tonight's date is with me after all, Shirley Schmidt.
The latest report is that Ms. Jane is conscious.
She will survive.
Police are not commenting on whether she was able to provide
any information on her assailant...
Denny...
Can you believe it? Somebody actually tried to take her out.
Have you seen Shirley?
Naked?
Lately.
She hasn't come in. She's not answering her calls.
She's, uh, just disappeared.
Christmas, Christmas time is near
Time for toys
And time for cheer
We've been good but we can't last
Hurry, Christmas, hurry fast
Would you like to scream?
It's okay. The room is completely soundproof.
It's my little safe room.
Listen, if I agreed not to press charges...
Do you think I'm stupid?
Certainly twisted.
The police would press charges regardless of your wishes,
and besides, this is the room where the only relevant wishes are mine.
From the first moment I saw you, do you know what I wanted to do?
Pave my driveway?
I wanted to suck on your right earlobe.
I'm sure people tell you you have soft, supple lobes.
It gets old.
Is mocking me really an exercise of your most sound judgment, Shirley?
After all, I do have in my possession a loaded firearm.
Let alone a ukulele.
I might do you harm, Shirley Schmidt.
Do you not think I will?
Lincoln,
suck my lobe.
I'm just saying, as circumstantial cases go,
it's a strong one.
Erica, there's no evidence of anybody else being there but you.
What about her husband?
He was there. The cameras clearly show him.
The video also shows him
leaving the apartment building four minutes after entering.
Erica...
it's not too late to amend our plea.
You think I'm insane, don't you?
Well, there's the 2-hour blackout...
Caused by trauma.
You hear voices.
No, no, no!
- You snap. - Hey!
Case in point.
I see what you're doing.
You're deliberately antagonizing me to see how I'll respond on cross.
Actually, that wasn't it.
A little help, Jerry.
Erica, we really need to consider insanity.
The evidence, we feel, excludes suicide.
The only one there was you.
We need to at least consider a diminished capacity plea,
if for no other reason than to give us some plea-bargaining leverage.
Let's hug for luck.
I know you two will take care of me.
- Any thoughts? - None.
Ready?
I'm ready.
I actually feel...
calm.
Of course, I'm medicated but...
Look at me.
This is a murder trial, Jerry, a particularly difficult one at that.
- If at any time you feel... - Why?
Sorry?
Why is it a particularly difficult one?
Well, surely you've considered our client may be guilty.
I don't believe that. She's innocent, Alan.
I'm gonna win this trial.
Everything all right, Denny?
I'm depressed.
Okay.
Why?
My murder case went away.
You've still got yours. It just doesn't seem fair.
Nutty Lincoln didn't whack the judge?
I need a case, Alan.
You'll get a case.
This country has the most homicides of any western industrialized nation.
Even so...
16,000 a year, Denny.
That's about five times the amount of American soldiers killed in Iraq.
Sooner or later,
one of these slaughters is gonna end up in your lap.
Chin up!
What do you mean that she's missing?
Nobody's seen her since the night before last.
Did she cancel the dinner?
No, she just didn't show up.
Have we thought about calling her family?
I think it's time we started doing that.
Let's try not to alarm them.
Are we really sure she's missing?
Sometimes old people just slip off to have some work done.
It may be premature, but I'm gonna call the police.
- We feel this was a staged suicide. - Why?
Well, there were rope burns on the victim's wrists
indicating that she had been tied up.
There was an aborted 911 call from the apartment.
People don't generally call 911 before they hang themselves.
Who made this call?
Nobody spoke. It was just a hang-up.
We know the call came from the victim's apartment.
Detective, what leads you to believe the defendant committed this crime?
She claims she walked in to discover the dead body.
Well, if so, then why did she wait two hours before calling anybody?
What else?
Her fingerprints were found all over the place.
The fibers of the rope used to tie the victim up
were found on the defendant's clothing.
Would she have a motive?
She and the victim were lovers.
She had recently been dumped for another woman.
We accounted for every person entering that apartment building.
She's the only one who could have conceivably committed this murder.
Thank you, sir.
Jerry...
This would be your time.
The surveillance cameras indicate
the husband went to the victim's apartment that morning, did they not?
There's no way he could have gone in,
rigged a noose and hung her that quickly.
Your testimony is it's impossible?
Extremely unlikely.
You mentioned there were no other fingerprints at the scene
to suggest the husband or anybody else being present.
In your experience, have you ever known killers to wear gloves?
- Yes, but... - Thank you.
The building has a rear entrance, which is not monitored by cameras.
Am I correct?
- Yes, a service entrance. - Thank you.
As far as the people who reside in the apartment building,
you have no way of monitoring or accounting for their activity in the complex, do you?
- No, but we interviewed almost... - Thank you.
You mentioned motive. Did you consider a financial motive?
We did.
Mrs. Wilkes left an estate valued at roughly $600,000.
Who gets that money upon her death, if you know?
I'm informed it's her girlfriend Renee Winger.
Ah, yes, the new girlfriend, that...
that...
that woman sitting right there. She inherits.
Can we be positive
she did not go into the building through the service entrance...
If she had gone into the apartment,
your client would have been there at the time.
Unless Ms. Winger went in before my client returned from her hike.
Then why would your client wait two hours to call you, if...
'Cause she suffered a traumatic blackout
which led her into a catatonic stupor and...
- Objection! - Sustained.
You connected fibers from the ropes used to tie the victim's hands to my client's clothes.
Any fibers from the robe used to hang the victim traceable to my client?
- No. - Thank you.
Going back to motive, in addition to the will,
is there a million-dollar life insurance policy in play here?
Yes, there is.
- Who is the beneficiary there? - The husband.
So we have two people with financial motive,
neither being my client.
It takes more than a stiff whack on the head to keep me down, folks.
Trust me, I get hit harder during sex.
I'm only sorry this creepo didn't have at me with a shovel during Sweeps.
I knew I should have plunked her a second time.
I just knew it.
Are you telling me you're the one who assaulted her?
I say that in confidence, of course.
Lincoln, why are you so determined to have people believe you're dangerous?
You're not dangerous, are you?
You don't think I can be violent?
What in god's name?
This room is my little Waco.
If somebody should try to break in here to rescue you
while this lock is set,
it triggers the spring bow to go off.
I bet now you're convinced I'm sinister.
Lincoln...
what are you doing?
My apologies.
Renee, you're looking well.
I'm glad. It's a goal.
Coping okay with your tragic loss?
I see you've put me on your witness list.
It has me flummoxed.
I just thought by that point in the trial,
the jury could use a good laugh, and you're funny!
I certainly won't have anything to say that could help her.
You check local hospitals?
All of them, and we've called family.
And you're thinking she was abducted?
I don't know what to think.
I want the police to investigate.
It's too soon to officially declare her a missing person.
It is not like this woman to just fall off the earth.
Russell, something has happened.
Can I just throw one name out there?
Lincoln Meyer.
Well, who is that?
You investigated him in the murder of judge Potts.
We considered him a possible killer of Hooper.
He has a grudge against this law firm,
and he's always talking about his "special relationship" with Shirley.
Remember what the shrink said
when we were exploring Lincoln as Marcia Hooper's killer?
When somebody becomes addicted to being the object of entertainment,
which clearly Lincoln is,
they can develop pathological desires,
and eventually, they act on them.
You need to eat.
I told you, I'm not hungry.
Here comes the airplane!
Yeah, right. Instead of the plane,
why don't you reach into my purse and get me my cell phone?
Zooming in, getting closer, closer.
Getting ready to land.
One little bite for daddy.
I'm not sure we can be friends after that.
When was the last time you spoke to your wife, sir?
The day before her death.
Would you describe her as suicidal?
Absolutely not.
Paula would never have taken her own life.
She's a devout Catholic.
Suicide went firmly against her religious convictions.
Wouldn't homosexuality go against her Catholic beliefs?
Well, yes.
Your wife was being treated for depression, was she not?
- That is true, but I... - Thank you.
Did you know, Mr. Wilkes,
that Paula had recently superseded her will to leave everything to that...
Alan?
That woman?
I learned this, yes.
Lucky there was a life insurance policy naming you as sole beneficiary.
If you are suggesting that I could harm my wife...
Your business recently filed for chapter 11 bankruptcy.
Your wife's death relieves you of a dire financial situation, does it not?
Please answer the question, sir.
Whatever evil I may be capable of, Mr. Espenson,
I could never harm another human being,
especially one I spent the better part of 11 years loving.
Your response implied that you are indeed capable of evil.
Could you list six examples, please?
You have been truly, truly great, Jerry.
- Really? - You pushed just the right amount.
You made your point without alienating the jury.
Brilliant!
My feeling is we need to have Erica testify.
It's risky,
but I'm not sure we have any other choice.
Have you considered this aborted 911 call?
How do we account for that?
Erica, upon discovering the body, began to call 911,
and that's when she went into the blackout.
That could work.
What about Renee? Do we call her?
I think so.
To the extent we want the jury to see her as a potential killer,
we should expose them to her odd demeanor.
Okay, first we'll call Erica,
save Renee for last.
Is...
Jerry, what's wrong?
Nothing.
Jerry...
When I was in law school,
my dream wasn't so much the big trial as...
well, I guess this...
Having a drink at the end of the day with co-counsel,
battle-weary, rehashing the day,
discussing strategy,
the whole socialization of lawyering that...
well, until now, I've never experienced.
It's a rich feeling, whatever it is.
It's called friendship.
To friendship, my colleague.
Right on my balcony?
Denny...
it's not what you think.
I saw you.
I heard you.
We were just talking.
Oh, dear.
Exchanging intimate thoughts?
On my own balcony.
I never saw it coming.
Things have been so good between us lately.
Well, Denny, it doesn't really sound like he was necessarily being unfaithful.
Of all the times.
I'm feeling vulnerable as it is over my law practice.
You mean not getting the big cases?
Yeah.
I would really encourage you, Denny,
to fill this void with something deeper, more meaningful.
It's time to come home to Bella.
I don't know, Bella.
I'll let you crawl into my warm spot.
Come home to Bella.
If he does have her, her life could be in danger.
I realize that,
but I can't get a warrant just with what you're telling me.
You could at least pay him a visit.
We could,
but it might be better if you guys did.
Us?
Well, if he loves attention as much as you're saying,
then he might invite you in.
And maybe you could hear or see something
I could take to a magistrate and get a search warrant.
Jeffrey?
He's not gonna let me in.
I'm Mr. Dirty mouth.
Well, he still likes me.
I'll go.
Oh, now we're safe.
What did you say?
All right!
Detective, we found something.
It's a little sordid.
What?
You gotta be kidding.
Claire! Braddy boy! What a surprise!
Hello, Lincoln.
Listen, evidently,
the police are still asking questions about you on the judge Potts murder.
They want another statement,
so we thought we'd best have a little conversation.
Uh, can we come in?
Why didn't you call and have me come into the office?
Well, we thought we'd just head right over.
I don't believe you.
Can we come in, Lincoln?
No.
I walked through the door.
I saw her hanging.
She was dead?
Her hands were tied behind her back.
I got on a chair and cut the rope off.
I couldn't reach the noose part.
That's the last thing I remember, actually,
trying to reach up and cut the rope around her neck.
And then what happened?
The next thing, it was...
two hours later. That's when I called for help.
You have no memory of those two hours?
I've been treated for a psychiatric disorder.
I've had some blackouts on occasion.
When you say you called for help,
you mean you called your lawyer?
Yes.
Why didn't you call the police?
I suppose I was afraid,
especially since I had no memory of the previous two hours.
What were you afraid of?
That maybe you had killed Paula Wilkes?
She left you for that woman, Renee Winger.
Yes.
Did you go to confront Renee Winger two nights before Ms. Wilkes' death?
I, I beg your pardon?
Ms. Winger says you confronted her in a hotel lounge
and started screaming at her.
Many people witnessed this.
You told her she'd regret it if she continued to see Paula Wilkes.
I have no memory of that.
You have no memory of that?
No. I...
I swear.
I hope they don't go running to the police.
I would hate to have the police barge in here
while my spring bow is cocked.
I mean, somebody could get hurt.
Lincoln...
I have one question for you.
Why?
You've lived your whole life within the bounds of the law, Lincoln.
Now you display a desperation that...
What's happened in your life, Lincoln?
Well, this whole global warming thing...
Was it Marcia Hooper?
You were in love with her, weren't you?
I think it's hard for you to live without her.
I don't need Marcia Hooper.
I have you, Shirley.
She really did like me.
Her husband made her get that restraining order.
She was kind to me.
She liked me.
We...
we all live our lives out on a ledge, Lincoln.
It takes surprisingly little to push us over.
This was a devastating tragedy for you, losing her.
Add to that, people denying your relationship...
I don't want to talk about it anymore.
Lincoln, how does this end?
I don't know.
I never meant to harm you when I took you, Shirley.
Of course I didn't.
But I suppose I've painted myself into a bit of a corner.
If this is a game, Lincoln,
you win.
I'm afraid.
Maybe she doesn't remember doing it,
but what other possible explanation could there be?
Maybe Renee somehow got in the building without being detected.
Maybe the husband did it inside of four minutes.
Maybe somebody else who lived in the building.
Alan, I'm like a human polygraph.
I can sense the truth.
Erica's telling the truth when she says it's not in her to commit murder.
Renee is not a truthful person.
And the husband, he is a truthful person,
but there's something...
well, I, I don't think he's being entirely truthful here.
You're a human polygraph?
I never knew this.
It's one of the reasons why I so implicitly and immediately trusted you.
I was drawn to your honesty.
Jerry, I think one of the reasons I'm drawn to you...
Oh, dear.
Don't talk to me.
It's not like I went fishing with him.
And don't make fun of me.
I don't know whether you know this,
not many men take the time every day to...
have a cigar, a glass of scotch,
to talk to their best friend.
That's not something most men have.
No, it isn't.
What I give to you, what, what I share,
I do with no one else.
I like to think what you give to me,
you do with nobody else.
Now that, that may sound silly to you,
but here's what I think is silly...
the idea that jealousy or fidelity is reserved for romance.
I always suspected that there was a connection between you and that man,
that you got something you didn't get from me.
I probably do.
But, gosh...
What I get from you, Denny...
People walk around today calling everyone their best friend.
The term doesn't have any real meaning anymore.
Mere acquaintances are lavished
with hugs and kisses upon a second or at most third meeting.
Birthday cards get passed around offices
so everybody can scribble a snippet of sentimentality
for a colleague they've barely met.
And everyone just loves everyone.
As a result, when you tell somebody you love them today...
it isn't much heard.
I love you, Denny.
You are my best friend.
I can't imagine going through life without you...
as my best friend.
I'm not gonna kiss you, however.
I don't want you on my balcony, on any balcony...
alone with that man.
Okay.
Deja vu.
That's French.
All set for your testimony, Renee?
I'm nervous.
I'm not as funny when I nervous.
Let's cut to it, Ms. Winger.
You and the decedent, Paula Wilkes were involved romantically?
Yes.
We'd met about a month prior to her death.
We began dating, and it quickly became exclusive.
Well, uh, by, when you say, "exclusive,"
that's understating it a bit, isn't it?
I don't know. It certainly escalated quickly.
Whether it would have sustained is hard to say.
She died so early in the relationship.
Well, she must have thought it would sustain.
After all, she redid her will rather suddenly in her own handwriting,
leaving everything to you.
Um, I'm a little embarrassed about that.
We were in Las Vegas. We were, I guess,
in the throes of new love where people can be prone to doing crazy things.
And a month later, she shockingly turns up dead, hanged.
Mr. Shore, I'm very happy to answer your questions, but
I would appreciate it if you'd be a little less flippant about Paula's death.
Ms. Winger, I'm so, I, it...
I, I can't help but notice your demeanor seems remarkably different today
than in all my prior encounters with you.
Well, I... I guess I'm...
I'm a little nervous to be in court.
I don't think she came off a killer.
I'm going to prison.
Blessed are the merciful for they are...
Erica, she didn't really hurt our case here.
She said nothing to incriminate you.
We just lost her as a red herring.
Do we even have anything else to offer?
Well, just one of my overwritten closing arguments,
but they've been known to work in the past.
Was that helpful?
That was quite a performance, Renee.
Maybe that was the real me,
and all this time I've been performing with you.
Any thoughts?
None.
He's got her. I can feel it. She's in that house.
Yeah, he practically baited us.
I say we just charge in there, police or no police.
I can do it.
Brad, the last time you did that, you chopped off a priest's fingers.
We are not trained to storm.
I was a marine! I'm trained.
I'm practically a navy SEAL, and I saw that.
Did the detectives say what it would take to satisfy reasonable suspicion?
Something more than a hunch,
which is, let's face it, all we have.
What's going on, a party?
This is not a time for your nonsense, okay, sport?
Typically, you're a fan of my nonsense, Brad.
What's the matter?
We think that Lincoln has kidnapped Shirley.
At least, we think it's possible.
- What? - He may have her in his house.
Well, why don't the police just go get her?
Because we don't have anything to go on,
and the police can't get a warrant.
Well, Lincoln told me in a phone call he did have Shirley.
I'll say as much in an affidavit.
You'll take it to the police and get your warrant.
I'll go have that phone call now.
You'll have my sworn statement in a minute.
He just told this Alan Shore he had Ms. Schmidt?
Apparently.
Let's assume a mistake is going to be made here, Russell.
Which side do you want to err on?
Okay, let's go see the magistrate.
Jerry, what's wrong?
I was going through the life insurance policy in my typical meticulous fashion,
and look what I found in the fine print.
I highlighted it.
Okay, Mr. Beedle, we'll hear your summation.
Actually, your honor, the defense would like to call one last witness.
You said you rested.
We don't.
The defense would like to recall Sean Wilkes.
Mr. Wilkes, you've met my colleague Jerry Espenson, have you not?
I have.
Jerry, it turns out, is a human polygraph.
He has a nose for who's telling the truth
and for who's a truthful person in general.
And the thing is,
you struck him as one of those generally truthful people
who's not telling the truth here.
Objection. Does counsel have a question?
My question is,
have you been honest with this court, Mr. Wilkes?
Yes.
Paula Wilkes' life insurance policy, for which you are the sole beneficiary,
has a settlement value of $1 million.
Are there any exclusions under your late wife's policy, sir?
Uh, I think there are certain exclusions, yes.
One being suicide. The policy doesn't cover suicide.
It says right here, uh, highlighted in yellow.
I am sure it must have been...
an unimaginable shock
when you entered Paula's apartment to see her hanging there.
And as you picked up the phone and dialed 911,
another shocking reality hit you,
one with crippling monetary consequences.
It was you who aborted the 911 call,
and then you did something foolish.
You tried to make her tragic death look like a murder.
I'm sure charges of perjury are swirling around in your head about now.
Fortunately, by law,
if a witness retakes the stand and corrects his false statements,
he can avoid those charges.
So here's your chance, Mr. Wilkes, to set the record straight.
Did you go into that apartment,
discover that your ex-wife had committed suicide
and proceed to tie her hands, move a chair,
do whatever was necessary to make it look like somebody had killed her?
I was in shock.
I wasn't thinking clearly.
I'm so sorry.
Your honor, the defense rests.
Mr. Wilkes, you may step down.
The bailiff will remand the witness into custody.
At this time I'm dismissing the charges against Ms. Erica Dolenz.
The defendant is free to go.
Oh, my god!
Jerry, you realize what you've done?
You've secured the freedom of an innocent person.
Let's hope Denny doesn't walk in.
Hey, may I join?
I'm sorry, no.
Why don't you tell him you were practically a navy SEAL?
Want a plane that loops the loop
Me, I want a hula hoop
We can hardly stand the wait
Please, Christmas, don't be late
Aren't you going to answer it?
Your little friends called the police.
- That was a mistake! - Lincoln...
They've escalated the situation
before I had a chance to work out my exit plan.
Lincoln, I can hear them.
They're going through the entire house.
From the outside, this room looks like a pantry.
It's a locked room in a basement! You think they'll skip it?
- Lincoln... - Shut up!
There's no way out of here.
They're right outside the door, Lincoln.
Wait a minute, this room isn't soundproof.
Help! Help!
Hey, one more scream like that, and I will shoot you dead!
Someone's down!
Room secured!
There she is.
Before you all start hugging me,
did any of you have the presence of mind to bring vodka?
A little antiseptic, a band-aid.
It's just a flesh wound.
So she's all right?
Completely. She wouldn't even go to the hospital.
Oh, thank goodness.
Thank you for telling me, Denise.
Sure.
Denise...
it's news worth celebrating, don't you think?
Don't you ever give up?
I do, actually.
It's just, you don't really want me to.
I must say, Denise, when I look at you,
I see one of those little catholic schoolgirls running around in her plaid skirt,
always to class on time, the first to raise her hand,
the neatest of penmanship.
And then when I look closer, I see...
Shirley.
Well, I'm glad to see things haven't changed here.
Shirley, are you okay?
I am. Thank you.
Lincoln was actually a very charming host when he wasn't threatening to kill me.
Alan, it's been brought to my attention that
you falsified an affidavit and committed a fraud on the magistrate.
Did I?
As senior partner, I cannot tolerate this kind of behavior,
and if it happens again,
you will be fired.
No doubt.
Thank you.
You very likely saved my life.
I must say, Shirley,
when I look at you,
I see one of those little catholic schoolgirls...
Oh, get a life!
I'll sleep with her one day.
No, you won't.
You know, the brain supposedly confuses fear with passion.
She should be ripe with passion, for god's sake.
Denny, what ever happened to that doll?
The police took her in for questioning.
Shirley Schmidtho?
Yeah. She'll be back.
Alan...
I'm sorry I doubted your feelings.
It was just seeing you on the balcony with that man.
Alan, what is it about out here?
We're out on a ledge, 14 floors to a spectacular death.
It probably gives us a sense of our mortality, which in turn...
there's nothing so life-affirming, I suppose,
as a little death tucked in the back of our mind.
When I die, I want my remains sprinkled off of here.
- You? - The balcony?
Could there be any place more fitting?
I suppose not.
But since I don't want to be cremated,
somebody should at least yell, "look out below."
Ah, the simple pleasures.
A clear night, scotch, a friend...
Even if he is high-maintenance.
To simple pleasures.