Previously on boston legal...
I'm no psychologist,
but I believe the best way to relieve anxiety is to talk about it.
Humperdinck.
Clearly I make you uncomfortable.
What is it?
Mr.Washington,you were convicted of rape in 1985?
Date rape,and I was innocent.
You were convicted,yes or no?
She was my girlfriend.
She was 16.
I was 17. And she was white.
She claimed that I raped her,but I did not.
So you were convicted of rape.
In review,didn't do this one.
You were framed. You didn't commit the rape.
The victim made it up.
I am innocent of this crime.
Everyone is intimidated by a shark. Become a Card Shark AMERICASCARDROOM.COM
I'm looking for alan shore.
It's important.
- Is he expecting you? - No.
May I tell him what this is regarding?
No.
Okay. Just a minute.I'll...
okay.
Thank you for agreeing to see me.
Well,my assistant said it,uh,was some sort of emergency.
Yes,my daughter was murdered.
I'm very sorry.
The man who murdered her was found not guilty by reason of temporary insanity.
He's a man of means with skilled attorneys.
And how exactly can I help you?
I would like to kill this man and be found not guilty by reason of temporary insanity.
I would like you to advise me as to what legal steps I must take in order to accomplish this.
Uh,ms.Kelly,I don't know what you've heard about me,
but I certainly would not and could not advise a person
on how to...get away with murder.
Why not?
Well,because that would me a conspirator,for starters,
and personally,I'm not a great believer in murdering.
Let me start over.
I have decided to write a novel.
It's about a woman who kills a man and is acquitted on grounds of insanity.
I would like to hire you as a consultant.
What legal steps must my protagonist take in order to accomplish this?
You cannot be serious.
On a positive note,I can tell you-- for what it's worth--
you seem totally insane.
Thank you.
How best do i legally establish that?
I need to know exactly.
Ms.Kelly,my advice to you... would be to forget it.
By virtue of the fact that you've come here,
you've demonstrated that you understand the nature and quality of the act.
As for legal insanity,you don't qualify.
I'm disappointed.
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Boston Legal Season04 Episode05
Here it is right here.
Hannah kelly,age 22,bludgeoned to death.
Sean harmon--acquitted. Temporary insanity.
It all happened a month ago.
Do you think this woman really plans to kill him?
I don't know.
She was so odd.
I couldn't get a read on her.
I wonder if I should call the police.
How did she leave it?
I'm not sure.
I think I dissuaded her. But...
- I'm not sure. - Alan.
I was wondering whether we might discuss your word salad.
Maybe later,over drinks?
It looks more like a courthouse than a jail.
Look. The police department is part of the courthouse.
- Saves time,I suppose. - Yeah.
Hold on.
Hello,my name is katie lloyd. I'm an attorney.
I called ahead. This is my colleague jerry espenson.
I believe you're holding my client.
It reminds me a little of mayberry R.F.D.
Where is that?
Hello,joseph.
May we go in?
- Inside,with him? - Please.
give a yell when you're done.
Why were you arrested?
For driving a car.
Evidently,it's a crime for registered sex offenders to operate motor vehicles within the middletown town borders.
Beg your pardon?
they passed it last night.
Because of my prior rape conviction,
I had to register here as a sex offender,which I did.
My job is here-- the only job I could get.
The people here been harassing me ever since I registered.
My landlord evicted me.
I been banned from public transportation.
Now this.
Sounds like you're not wanted.
Maybe you should blow this terrible town.
I would if I were you.
It's so unfair what's being done to him,shirley.
He was trying to make a new life for himself.
It's hard enough for an ex-con without an entire town conspiring against you.
He was so excited to get this job,
and they've essentially passed an ordinance overnight to run him out.
How much time are we talking about here?
His arraignment's at 11:00.
I'd at least like to get him out of jail.
Shirley,there are many words to describe you,but compassionate--
cut the crap,jerry.
you can handle his arraignment,then it's back to work for us.
hey,alan,did you report that woman to the police yet?
No. I still can't decide whether I should.
Would you?
Well,probably not.
Why not?
Because she already killed him.
The information is still coming in,but what we have learned--
the shooter has been identified as patrice kelly.
If you recall,it was ms.Kelly's daughter hannah kelly
who was bludgeoned to death with a vodka bottle by sean harmon,
the man who was shot today.
We are getting confirmation that
mr.Harmon is dead from a single gunshot wound to the head.
As many of you--
okay,first thing-- get her into rehab.
You want to put out a statement.
I feel sick.
Stay away from anything too controversial,like rutgers' basketball.
Denny,I should've prevented this.
I could've prevented this.
alan,you have a call from patrice kelly.
She says you'll know what it's regarding.
Boy,it's exciting being you.
They passed a law criminalizing his driving a car?
Yes,your honor,last night.
They then arrested him today,affording no notice--
he was also arrested for assault.
- The suspect became violent with officers when they tried-- - the suspecwas simply told to get out of the car,
and when he complied,he was thrown against the hood,handcuffed--
- anyone subject to a stop can be handc-- - he was not told the nature of this ridiculous infraction,
nor was he informed--
maybe when counsel has children of her own,
she ght see the rationale in discouraging sex offenders from prowling neighborhoods.
He was not prowling,your honor.
He was driving to his place of employment.
Uh,save your breath,ms.Lloyd.
The charges against mr.Washington are dismissed.
Thank you,your honor.
Might you also strike down this capricious ordinance on the grounds--
I'm sorry,ms.Lloyd. I can't do that.
Towns have a right to protect themselves,
and mr.Washington is a registered sex offender.
And as such,faces enormous difficulty getting employment.
He was fortunate enough to do so here.
I understand,but I gotta be honest.
I live here myself.
He's free to go,
and I would hope that he would do so,far,far away.
We're adjourned.
I lost my mind.
I've been charged with a serious crime.
I was wondering whether you'd provide me with representation.
No.
Well,that seems at odds with your showing up.
It's not every day we encounter compelling characters,is it?
Do you expect to get away with this?
I'm insane.
Not legally.
Well... that would be a jury's call,which,with your influence--
patrice-- may I call you patrice?
I'd like thaT.
Let's drop the little insanity act.
Let's be frank.
This was a premeditated,calculated revenge killing.
That's not true.
But if it were true,he had it coming.
So you took the case?
She was just too fascinating to pass up.
Would I like her?
She's female,has a pulse.
the arraignment's tomorrow. You want in?
Of course I want in.
You ready?
Ready for what?
Lorraine and i are getting underpants.
Drinks.
I drink,like a fish. I promise.
This is the only job he could get,jerry.
If he can't get there...
laws denying sex offenders housing,jobs, they've all been upheld as reasonable.
we could always challenge megan's law itself.
This judge did seem to suggest some intolerance for it.
We sort of won,but...
but what?
We'd like to go back into court just one more time.
Because?
To overturn megan's law.
So compassionate.
The answer's no.
You're both behind on assignments from other partners.
You need to think about saving your own jobs instead of your buddy joe'S.
- Mr.Sack- - there will be no more time spent on joseph washington.
You're done.
Tell me more about this friend of your mother'S.
she looked like you.
She was...
impossibly beautiful...
funny...
intuitive.
She took away my virginity and never retuned it.
You were 14.
Is it possible your sex with me is about anger?
I think it's more about napkins.
Uh,control.
The...
the first time you and I kissed,you touched my leg in a very...
gentle,familiar way,which...
my mother was not an affectionate woman. I've told you this.
The only act of tenderness I can recall was,
she would fit me for trousers,and in so doing,
she would touch my leg in a way that...
I-in the absence of any other attention,
an 8-year-old boy might interpret as nurturing and loving.
And somehow now you occasion a series of...
visceral memories and responses,which...
for some reason seem to induce green peanuts.
Word salad.
the fact is,megan's law is unconstitutional.
it's a punishment that amounts to a form of double jeopardy.
My client has already paid his debt to society.
He served his term.
Requiring that he register post-prison--
are you seriously going to challenge an existing law?
This law also denies due process.
My client was afforded no opportunity to a hearing before having to register.
He got a trial.
But these are post-trial consequences.
What's more,the law is capricious.
If we punish sex offenders like this--
making it impossible for them to get housing,jobs, impossible to live--
they simple won't register,as many today don'T.
We're talking about a crime with the highest rate of recidivism,
a crime where most offenders are powerless not to repeat.
They're sick.
Does megan's law pinch a few of their civil liberties? Sure.
I say they forfeit those liberties when they put their hands on a child.
settle down.
The so-called sex offense we're talking about here is that
he had sex as a 17 year old with a girl who was 16.
No,he raped her.
It was consensual!
The jury found otherwise.
All right,all right. I've heard enough.
Mr.Epsenson,you make many valid points,but the bottom line--
I'm not overturning megan's law,and good luck finding any judge who will.
Your motion is denied,and we're adjourned.
I'm curiouS.
Which of you had the bright idea,hey,let's just defy carl sack?
Mr.Sack,joseph washington is being punished and vilified--
yes,we tend to do that with rapists.
He did not rape her.
You may not believe in him,but you cannot deny my right to,
whether you're a senior partner or otherwise.
I don't know your buddy joe,katie.
I believe in you,or did.
If this woman he was convicted of raping,
if she was really his girlfriend,joe-bob would know her name.
So?
So a good attorney,which I had believed you to be,
instead of trying to overturn megan's law,would be googling the girl,
finding her,persuading her to recant in hopes of overturning the conviction.
A good attorney would then simply unregister him as a sex offender.
That's what good attorneys do.
But since you two are seemingly not,probably not wise to defy me.
Get out.
Yes,sir.
Thank you,sir.
if the police report is to be believed,
you walked into sean harmon's place of employment,
approached him and shot him in the forehead.
I said hello first.
I wanted to give him a second to appreciate who was killing him and why.
Do you feel any contrition whatsoever over this?
Would that help?
I really don't know what to say here.
Well,the first order of business,you must get me bail.
I had all my securities converted into cash,
so I should be able to get a money order issued today.
Bail--
if I don't get bail,alan,the only images of me will be in this outfit.
We can't have that.
We need to think about influencing that jury pool.
I'm sure you agree
you're not sounding very insane.
Well,I'm better now.
It was temporary insanity.
Oh,right.
I'd like you to get dominion of the room as soon as arraignment begins.
If possible,please preempt the reading of the charges.
They tend to make good sound bites.
And also,please don't forget in your bail argument to state the obvious-- this is important.
- The obvious? - Yes.
He had it coming.
I'd like you to be passionate about that.
The jury will be listening.
Case number 6-2-4-5-- commonwealth vs.Patrice kelly
- on a charge of first-degree murder-- - alan shore for the defendant along with my colleague denny crane.
We'd like to enter our appearance and a plea of not guilty.
We'll waive reading of these charges which,quite frankly, shouldn't be read at all.
What kind of society is this that hauls in a grieving mother who--
we only haul in grieving mothers who shoot people,counselor.
Yes,your honor.
If we uld proceed to bail,my client--
committed cold-blooded murder and bail is not--
her blood temperature was never taken,
and bail is a function of flight risk and danger to society.
Patrice kelly poses neither.
She executes people.
Only the ones who murder her children,
and since my client is now fresh out of kids,
I would submit that there's nobody left for patrice kelly to shoot.
Mr.Shore,your tone doesn't seem to grasp the severity of the matter.
Do you think we're all gathered here for a good snicker?
No,I do not,your honor.
We're gathered here because this woman's only daughter
was beaten to death by a man of considerable wealth
who was able to hire people with all the skills
and resources necessary to manufacture a temporary insanity defense.
The best kind of insanity defense because with that one you get both the acquittal
and your walking papers so long as you show that the insanity has passed,
which his lawyers of considerable skills and resources were able to do.
Sean harmon walked out of that courtroom a free man.
He bludgeoned her daughter to death with a vodka bottle.
He did not go to prison.
He did not go to a hospital.
And my client,a grieving mother,could not allow for that injustice.
She is not a threat to society at large.
She's not going to run because,frankly,why should she?
Sean harmon viciously killed her daughter.
Sean harmon had it coming.
He made her crazy,and he got exactly what he deserved.
Bail is set for $1 million.
We'll set a conference for scheduling.
- Defense is ready now. - What?
There's no discovery to speak of.
My client walked in and shot somebody,allegedly.
Do you mean you're entering a straight plea of not guilty?
No,no,no,no.
At this time,we'dike to give notice of our affirmative defense.
Which is?
Temporary insanity.
is it wise to proceed right to trial?
There was public outrage when sean harmon was acquitted of killing your daughter.
We want to exploit that while it's still outrageous.
I'd also like a black attorney if you've got one.
There will be african-american jurors.
I may be portrayed as the rich,white blue blood looking to buy a verdict,
so we should probably color up.
And on tt note,denny crane is out.
I don't need the image . Of corporate,gluttonous wealth sitting next to me.
We should schedule a press conference as soon as possible.
Since you may not want to put me on the stand,
I suggest I tell my story to the media,free from cross-examination.
You scare me.
hi. I'm gwen richards.
- Can I helpou? - YeS.
Thank you.
My name's katie lloyd.
I represent a man named joseph washington.
I'm guessing from your expression you know who I'm talking about.
may we speak in private?
As I understand joseph,the sex was consensual,
but you maintained otherwise so as not to incur the wrath of your father.
That's not true.
The sex was not consensual.
He overpowered you?
He pressured me.
I was 16. I was afraid to say no.
I didn't feel like I had a choice.
Ms.Lloyd,I can't help you.
plus,this is something that I tried to put behind me.
I have a life,a family. I...
I'm not a psychologist.
But I suspect if you weren't raped,you'll never put this behind you.
A man served six years in prison.
He must live what's left of his shattered life as a registered sex offender.
- And--and if you're a person of conscienc - I need you to leave.
I have to get back to work,and I...
can't help you.
I need you to leave.
Need to talk,specifically about your insitY.
Can we do that?
My thought is it should be a dissociative state.
They tend to be temporary in nature.
What would be the precipitating factor?
It was a full month after sean harmon's acquittal.
So what was it that... sent you around the bend?
God.
God?
God.
He spoke to me.
And what did god say?
Shoot him in the head.
I see.
The thing is,patrice,for a jury to let you go,they have to like you.
That won't happen if they think you're trying to fool them.
So far I'm not sure I like you.
What's your point?
Did god speak to you?
Yes.
And his exact words were?
Shoot him in the head.
we might subpoena her. Maybe under oath--
I mean,I'm not sure she's willing to risk perjury.
But that's exactly what she risked at the trial when she convicted him.
I mean,if what your saying is true,
it's probably the threat of perjury that's kept her from setting the record straight all these years.
It's just--there must be something else we can do.
excuse me,katie,jerry.
Whitney,alan shore.
We haven't officially met.
How do you feel about murder trials?
Take 'em or leave 'em.
I need you to take one as second chair.
Would you come with me?
Okay,if that's a line,um,you' too old and too fat.
I'm not too old.
Please... leave the beer.
gwen?
Tell me what I need to do.
Tell me again why we're in this court?
This is the court where you were convicted of the rape,
and therefore,the only one that can overturn it.
If successful,then we go back to middletown.
Please don't make her any more uncomfortable than she is.
We don't want her leaving.
All rise.
In re: Commonwealth vs.Joseph washington,
the honorable william howe presiding,this court is in session.
Good morning,your honor.
My name's katie lloyd.
I am before you today with attorney jerry espenson representing joseph washington,
who was convicted before you in 1985 on the charge of rape.
Yes,I've read your papers.
your honor,I have no idea if there has been any deal cut between mr.Washington
and the witness to effect any--
there's been no such deal,your honor, which is so attested to in ms.Richards' affidavit.
And I would submit,
since the rape case against joseph washington was based solely and entirely on her testimony--
is ms.Richards with us today?
She is,your honor.
Ms.Richards,step up here,please.
You claimed mr.Washington forcibly raped you.
You're saying now that was not the case?
Yes,sir.
Why would you say he did?
my father walked in on us and...
I claimed that mr.Washington raped me to avoid punishment.
The sex I had with mr.Washington was consensual.
You realize the prosecution most likely will charge you now with perjury?
Yes,I have consulted a lawyer. I know what I'm exposing myself to here.
I find this revelation a little disgusting,ms.Richards.
In addition to sending this man to prison for something he didn't do,
perhaps destroyi his life irreparably,
you continued to let that rape conviction hang over this man
while he was being tried for murder
yes,your honor.
I will never be able to give back what I took from him.
I cannot punish him any longer,your honor.
He did not rape me.
I lied.
okay.
Given that the prosecution's primarwitness has recanted,
I am vacating this conviction pending further proceedings.
An arrest warrant is hereby issued for ms.Richards.
Please take her into custody.
He hasn't been cleared. The case is still officially pending.
But the conviction was vacated,
ich means he doesn't have to be registered as a sex offender.
all right,settle down.
Your honor, we don't know the circumstances surrounding ms.Richards sudden decision to recant her testimony.
Mr.Mcdougal,
unless you show me some evidence to cast suspicion on these circumstances,
my hands are tied.
Heoesn't stand before me as a convicted sex offender.
I therefore order you to take his name off the registered sex offenders list.
all right. Quiet.
He is to be afforded all the rights and privileges that
we typically extend to citizens living in what we like to call a free society.
That's all.
- So I can drive? - You can drive.
- And you should be able to qualify for housing. - Yes.
You still have your job,right?
My boss says I did.
Thank you.
Excuse me.
I'm very sorry to intrude.
Mr.Washington,my name is lauren delhorn,
and I was raised in the town of middletown,where I still reside.
I realize you've done your time in prison and paid your debt to society.
But,sir...
we do not want you in middletown.
This is a safe town where people still go to mass on friday nights.
Please show us the respect that you'd like others to extend to you.
Go live somewhere else.
They mean well.
They just want to raise their children and...
I suppose,not have to look over their shoulders.
But... it probably would be best if you went elsewhere.
You seem upset.
as ms.Kelly took time out for a rod stewart concert last night,
she stopped to talk to reporters.
The truth is,in the eight months following my daughter's death,
I never went anywhere.
It was as if that man killed me as well as hannah.
Well,he didn't kill me.
In fact,it worked out quite the opposite.
And now that my daughter can finally rest in peace,
I thought,maybe I can live life for both of us.
and what exactly was the thinking here?
I want the jury to know me.
It's more difficult to imprison people you care about.
And you think you engendered sympathy with that little performance,going to a rock concert?
Let me tell you something,patrice.
If the jury detects some twisted sense of joy on your part,
what you saw was empowerment,not joy.
As for the concert,it was rod stewart.
Completely age appropriate.
Jury's not gonna know you,lady.
It all comes down to a collection of impressions,first ones getting thmost play.
- You wanna know mine? - No.
I'm sorry. That was rude.
Empowerment's no defense to first-degree murder.
I'm told god speaks to you.
Best you keep talking to him.
That we can make work.
I like her.
I've never had a beer in the middle of the day before.
well,winston churchill used to drink in victory
because he deserved it,and in defeat because he needed it.
Well,I don't know how much of a victory it was.
At least he can get to his job anyway.
Yeah,until the town pressures his employees to fire him.
this is katie lloyd.
what?
Wh-when? When did this happen?
Yes.
What's wrong?
He's dead.
What?
Joseph. He's dead.
We found no identification,but we're pretty sure it's him.
I really appreciate you coming down.
Are... you okay?
I can do this.
I'll do it.
It's him.
Whoever did it,we'll catch 'em.
inseam is 29.
let's do your waist.
I really don't know what you're trying to accomplish,lorraine.
This could desensitize you.
It's not working.
Unless by,uh,desensitize you mean harden.
Are you feeling more comfortable,alan?
I am.
What are you,some kind of nymph?
Whitney,how are you today?
Yeah,yeah,I hate to intrude.
But did you see the statement our temporary psycho gave to the police after she shot this guy?
I did.
She was methodical,reflective,deliberate,organized.
How do we make insanity with that?
From scratch.
Everything tastes better that way.
What am I missing?
Nothing,whitney.
As you said yourself,we go with god.
We have a client who was just slapped with a T.R.O Involving some delicate copyrighissues.
I'm gonna need both of you to hop on the research immediately.
It may be a late night.
look at me,katie.
older lawyers typically tell the younger ones not to get too close to the client.
Good advice for the most part.
But mr.Washington was lucky that he had a lawyer who did get close.
Becae of you,he died an innocent man.
You gave him his name back,
and I would suspect a little faith.
He died without a single person in the world giving a damn about him.
That's not true. Is it?
I'm going to church.
I-I beg your pardon.
I-I was wondering if might say just a word or two in memory of joseph washington.
All right.
I terribly sorry to disturb your evening service.
But a man,joseph washgton-- maybe some of you knew him--
passed away today,and,uh,
well,his last place of residence was middletown.
He didn't really have many people in his life.
He--he spent a great deal of time in prison,
and when he got out,well,as you can imagine,
not very many communities were inclined to embrace him.
He was excited about coming to middletown
because he'd heard it was a kind town,
a community of tolerant people.
Not all of you welcomed him.
Some of you thought him a murderer...
though he was not.
Some of you thought he was a rapist...
though he was not.
Some of you thought him unfeeling...
uh,though he was not.
Many of you have families and quite rightly want to protect them.
You don't want people coming here out of prison.
But you might wonder,wherare they to go?
With over two million people currently in american prisons,
with about 700,000 due to be released by the end of next year,
where are they to go?
And if we deny them housing and jobs,
if we treat them with nothing but scorn,what's to become of them?
I apologize. I didn't come here to lecture so much as...
well,when a human being dies,he should be prayed for.
And since joseph last lived among you,
please let us pray.
Oh,lord...
we humbly pray thee to show mercy on the soul of joseph,
who you have commanded to pass out of this world...
a world which was often not kind to him.
we pray thee might place him in a place of peace and light,
of goodwill...love and forgiveness.
Amen.
amen.
You can't go in with god told me to shoot him as a defense.
Why not?
I don't doubt that god talked to her,but he wouldn't say shoot.
The devil would say that.
And--and juries don't like devils.
Except mE.
That's right. They love you.
I must say,I feel a little bit likehe devil,denny.
I mean,I don't believe for a second that woman was insane.
It was as premeditated as can be.
Yet I'm excited to help her get away with it.
Well,that's because the bastard had it coming,like she said.
He deserved to be shot right between the eyes.
And you have trouble admitting to yourself that deep down,
you're for the death penalty.
An eye for an eye. Boom.Feels good.
- I'm not for the death penalty. - Mm,yes,you are.
It's not politically correct,it's not evolved,
it's not learned-- spare me.
The guy beat the girl to death.
I'd have shot him in the balls first.
An eye for an eye.
Dead.
That's what you believe,deep down. So does god.
What?
- did you hear joseph washington was killed? - Yeah
Terrible.
I used to think hope was something that belonged to everybody.
Put limits on guns and butter but hope...
springs a kernel.
Old farmer's saying.
Growing corn?
Hope springs a kernel.
Haven't you heard that?
Springs eternal.
Hope... springs eternal.
It didn't for joseph washington.
Or if it did,it didn't matter.
two things this world has too much of--
suffering and...
corn.
I think it is hope springs a kernel.
you may be right.
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