**********
Hello**********
**********
partintegrante de voluntariado a volunteer component of the coast guard,no age limit.
Guns?
- Probably depth charges,denny. - Let's go.
Where are they off to?
They've gone to join the coast guard.
Happens at a lot of firms.
We don't behave ourselves,we'll never pass the background check.
we'll get in.
Oh,we're gonna be in the military.
Already my penis feels bigger.
- I'm sorry,sir,but you can't-- - denny crane,united states coast guard.
Sir.
Denny crane coming through.
Denny crane,coast guard.
Denny crane.
Walt.
Oh,my god.
Never liked him.
What the hell are you doing?
Denny crane.
I don't care who you are. You're contaminating a crime scene.
Penelope.
denny. Oh,my god,denny.
Oh,penelope.
What happened?
I killed him,denny.
That was off the record.
This woman is represented by the united states coast guard.
what happened?
- We were gardening. - in january?
Well,we were just organizing where the vegetables and the plants would go.
We were talking,and then suddenly...
denny,I don't know what happened,okay?
I just saw this shovel hurtling through the air in the direction of his head,
and it--it struck him,and then I realized that the handle was in my hands.
I had swung the shovel.
Oh,my god. I killed my husband.
are the police gonna arrest me?
Well,how much did you tell 'em?
Everything.
They're gonna rest you.
- oh,my god. - Oh,no,no.No,no.
No,no,it's all right,penelope.
It's all right. It's okay.
I'll defend you.
I'll get you acquitted. I'll be relevant again.
We'll have dinner. It's all good.
This is the way to ring in the new year.
Denny crane.
Ready for my close-up.
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Boston Legal Season04 Episode11
They were out shoveling snow.
And her shovel accidentally hit his head.
It happens. He died.
Those are the risks of winter.
You know,here we are in the wintertime.
Winter is the cruelest month or series of months,and how many people must die...
the arraignment's this morning.
I've always wanted this woman,alan.
To think she's been delivered to me via her dead husband...
you think it's wise to be giving accounts to the press,denny?
Snowball?
The man slipped on the ice,fell,hit his head,died. It happens.
It's winter,man.
He went out to get the morning paper,a big icicle falls off the roof.
He died. It happens.
He was acting depressed...
but who could predict he'd take his own life with a shovel?
Denny,this is crazy.
That's it exactly.
That's our defense-- temporary insanity.
You can't plead your insanity.
You are nuts.
That's the beauty.
- The arraignment is when? - 10:00.
I'll go with you.
No,you won'T.
This is my case. I'll handle it.
Well,certainly I can second chair.
No.
I don't want your help. I don't even want you there.
Why not?
Because I don'T.
Well,I let you second chair my cases.
You let me sit and watch.
No,I--I'm--I'm gonna do this myself.
I-I'll get one of the babies to help me,somebody who knows their place as a subordinate.
I don't want you anywhere near this case.
Denny,it's a murder trial.
Thanks. With that tip,I should be fine.
From here on,I'm flying solo.
Oh,my.
It's very embarrassing.
Um,why don't you begin by telling us what's happened?
Okay.
What's happened is,my husband of 20 years left me.
As you might expect,this wreaked considerable havoc with my life.
I would like to sue his lawyers because I believe they caused him to leave me.
Okay,h-how did they accomplish that?
Well...
he's represented by bingham,hooley and knapp,that putrid,oulless,
disgusting firm with the billboards all over town.
Suly you've seen them.
Um,"is life passing you by?Is divorce right for you?"
Well,my husband was exposed to these disgusting,indecent billboards,
and as a result,he decided,hmm,divorce was right for him.
I...
I want to... get them.
Okay.
Well,uh,let's see.
every so often,on rare occasions,an aneurysm can make the head literally explode,causing bleeding.
My client simply had a shovel on hand to bury her husband.
They're jewish.
Yeah,I don't know about you,but...
you summoned?
Oh,um,um,whitney,right?
I need a second chair. You're it.
Don't try and take over.
Do as I tell you.
Just sit back and learn.
Arraignment's in 40 minutes.
Denny.
Well,these are exciting times.
Don't wanna be checked on.
I just came to wish you good luck.
Good. Fine.
Job well done. Feel lucky.Bye.
Bye.
we simply tell her we can't take the case. That's all.
I don't think that's an option,jerry.
Shirley assigned us to it. She must want us to do it.
Do what?
Lorraine. Hello.Welcome.
New year going well? Hello.
Hello.
New year's going very well. Thank you.
Lips!
I'm sorry?
I beg your pardon.
I'll issue a formal apology in writing.
That's okay.
Maybe you were just remembering our kiss at the christmas party.
It was delightful. Wasn't it?
"3-2-1-1-6,"commonwealth vs.Penelope kimball
on the charge of murder in the first degree.
Denny crane representing the defenda we waive...
good-bye,enter a plea of not guilty due to temporary insanity,
ask at this time for a change of venue to L.A.
Los angeles?
It's cold here.
We can go in my jet.
Mr. Crane,I would need a legal basis for a venue change.
Of course.
My client was caught with a shovel in her hand,standing over a dead body.
My legal basis is phil spector.
They don't convict in L.A.
Denied. Let's set a date.
Friday night.
I'll bring the condoms.
you,me and one of the jurors.
denny crane. Thank you.
Cds in the lobby.
thank you. Thank you.Thank you.
They love me,judge.
As do you. I can see it.
Step up,mr. Crane.
This is my courtroom.
Strict.
And this is a murder trial.
I will not be putting up with this behavior.
Do you understand me?
I do,I do.
When will you be ready for trial?
I'm ready now.
Excuse me?
Facts e simple,so am I.
Let's get this baby tried before I forget what it's about.
fine.
Are you serious?
Like he said,the facts are simple let's do it.
Okay.
We'll do voir dire this afternoon.
Trial starts tomorrow.
You are hot.
Chambers?
The marriage was over.
We both kinda knew that.
But?
But the decision to actually separate,well,
obviously for me to just kind of snap,
I must have been very angry.
Well,we don't say "angry" in court.
We say "mad."
I didn't plan to hit him.
I swear,denny.
I believe you.
You're not a violent person.
You're very tender.
You've been lonely a long time,haven't you,penelope?
yes.
Denny...
he would never even touch me.
That's hard to believe.
You' such a beautiful woman.
he didn't make me feel that way.
that was wrong.
it's okay to cry,penny.
But not in the courtroom. I don't want any self-pity.
You need to be strong in there.
Okay.
What can we do...
to make you feel stronger?
All we can really do is meet with her husband and his attorney
and effect some kind of satisfactory settlement.
Jerry?
Yes,that's-- that would be good.
What are you thinking about?
Nothing.
Jerry?
I was thinking aboutmy blurting out "lips" to lorraine.
I was thinking about how I blurt things out,kick my leg,purr,
make funny sounds with my mouth.
A neurologist once told me
I might have a mild case of tourette's syndrome.
Can you imagine?
Having asperger's and tourette's?
We all have something,don't we?
I feel so...
I don't know...
undignified sometimes.
Jerry,hundreds and hundreds of thousands of people have tourette'S.
There's nothing undignified about it.
Personally,I find your various tics quite endearing.
You know,katie...
you really are a special person.
kidding.
I heard the arraignment went...
well.
I'm meeting with a cliT.
She was weak,alan,vulnerable.
She needed to bone up on the trial.So I just--
this is a first-degree murder trial.
I know that.
Are you even remotely prepared?
Of course I am.
Denny--
now don't start.
I know what you're doing with these silly sound bites,be it on suicide...
he was sad.
Fallen icicles...
it's dead of winter,man.
- The coast guard... - we're practically in.
Propositioning the judge.
- She's so hot. - Stop it.
You're trying to have the first laugh on yourself so when others snicker,
as they no doubt will,you can pretend they're laughing with you instead of at you.
But they will be laughing at you,denny.
The media attention that will go with this case will be very unkind.
Never mind that you could lose your perfect record.
This could tarnish that which you cherish and revere beyond anything else-- your legacy.
As desperate as you are to be in the game again,you're not up to this.
appreciate the candor.
I have no doubt it comes from love.
Now if you'll excuse me,I have a trial to prepare.
- Denny- - get out.
This is my office.
Four years,I sat around,watching you have your day in court.
Well,I want my day.
And you once had your day,and now--
I am not over!
Maybe--maybe--maybe I can't do it all the time.
But every once in a while...
I can rise up.
And I will rise up here.
And f-for you not to be on my side--
you can accuse me of many things,
but not being onour side isn't one of them.
I'm afraid for you.
I don't wanna...
see you get hurt.
I'll be fine.
And I don't want you anywhere near this case.
Oh,what the hell?
Ritual.
I like to wear my waders the night before a trial.
Empowers me.
How's your opening statement coming?
All done.
Werful.
O st sI don't feel like an idiot,what's the plan?
Mad cow.
I mean,temporary insanity.
I got my expert all lined up.
She'll examine our client.
Anything I can do?
Just watch and learn from the master.
Gotta pee.
evidence will show that penelope kimball was the only one there.
We will introduce the defendant's own admission that she killed him.
We'll establish motive in that the victim was planning to leave her.
Evidence will furthermore establish that the defendant has no history of any mental or psychological disorder.
In short,the facts will show that this was just a good old-fashioned murder.
denny.
I--I've listened to the D.A.'S opening,and I'm thinking,why the hell didn't I plead this out?
Am I insane?
or is penelope kimball insane?
Which is it,her or me,me or her?
Can't be sure,can we?
That's reasonable doubt.
Denny crane.
The fun starts now.
Wait a second.
You're suing me for representing him?
Well,your involvement goes a bit further than representation,mr. Gould.
Your billboards actually induced mr. Winston to leave his wife.
Are you seriously blaming the demise of a marriage on a billboard?
Why would you pay thousands of dollars to put them up if you didn't believe they'd be influential?
This is silly. Is it?
The billboards led him to your web site.
You then set him up with a relationship counselor who concluded his marriage wasn't working.
Something tells me those conclusions are in the bag.
One could say a bit of brainwashing goes on.
One could.
One could never prove that in a court of law.
Mr. Gould,let's face it.
Those ads are sleazy.
This gives all lawyers a bad name.
first I'm responsible for the breakup of a marriage.
Now I'm to blame for lawyers having a bad name?
Yo u want to pin global warming on me next?
My husband is a very susceptible person.
You influenced him.
I don't want to be with you,mary.
- They've convinced you of that. - No.
I've been profoundly unhappy,even depressed.
Maybe they just made me face up to it.
No. No.
We should go.
When I arrived,the first thing she said was she killed him.
She just admitted it.
Could you describe mrs. Kimball's demeanor?
She was very upset.
But she was certainly coherent.
She wasn't crazy or erratic or out of her mind or anything.
Who called the police?
She did.
So she wasn't trying to get away with anything here.
No. Like I said,she just admitted it.
So you say she was upset.
She was,in fact,grieving for her husband,was she not?
She seemed to be,yes.
So she hits him on the head with a shovel and then is upset that he's dead.
Sounds crazy to me.
Does it not to you?
gardening is my sanity.
It's my release.
And I went there to just sort of plan in my head where I'd like to plant which vegetables.
I always get this calm when...
anyway,walter came out.
We started talking.
It was rather civil,actually.
Then he started giving me his little suggestions
as to where the turnips should go
and the brussels sprouts and where the light hits best,
d I started getting... angry.
Mad.
Here he is,leaving me,and still he's exercising control.
I mean,the man left me so alone for so long,all I had at times was my garden.
And he's exercising dominion over that.
And I remember feeling my face get very hot,
really,really hot.
And he kept talking and talking and telling me what to do,and...
suddenly I saw the head of a shovel hurtling through the air,
and it struck him.
It hit him right on the head,and he went down.
And I followed the shaft of the shovel back to...
my hands.
I killed him.
- You were suddenly crazy. - Objection.
- Suddenly insane. - Objection.
- Suddenly single. - Ob--
penelope,did you make a decision to hit your husband on the head with a shovel?
No,I swear.
Suddenly it was just...
in motion. It just happened.
It also just so happened the very week you decided to separate,you killed him.
I just snapped.
Were you gettingherapy or any kind of medical treatment prior to your whacking him on the head?
No.
So basically you were sane in the morning,sane in the afternoon,
and you just took a brief time-out in between to be crazy and kill your husband?
Objection.
Sustained.
If you were divorced,I take it you'd each get half,right?
Yes.
But with him dying,you get it all.
Not if I'm convictedof killing him.
Oh,so you checked that out,huh? Good for you.
- Objection. - Sustained.
Actually,if you get off on the grounds of temporary insanity,you would get it all.
I mean,you wouldn't be disqualified.
So it'd all work out for you,wouldn't it?
- Objection. - Sustained.
Nothing further.
Look,I can certainly say she was in a compromised mental state,
but whether it rose to the level of legal insanity--
I don't think you understand,doctor.
Unless you can say she was temporarily insane,we don't win.
Mr. Crane,you hired me to give you an objective diagnosis.
- Like hell. - Denny.
There's a $25,000 check right there for your testimony.
If you can't say she was insane,you don't get it.
Denny.
My testimony cannot be bought,mr. Crane.
That money will go to an expe witness who can say that
penelope kimball did not understand the nature and quality of her actions when she swung the shovel.
Are you that expert?
That's the $25,000 question.
She's suffering from perimenopause.
This is the period a year to two years before menopause.
Can it affect her mind?
oh,boy.
We're gonna need something more clinical than "oh,boy."
Uh,basically the ovaries make erratic amounts of estrogen.
It can render the brain completely at the mercy of hormones.
She says she made no conscious decision to swing the shovel.
Possible?
That's an extreme case,but it's entirely possible.
Did you examine her?
I did.
And when she says she has no memory of picking up the shovel
and deciding to swing it,do you believe her?
I do.
My opinion is,her actions here were...
not voluntary.
How long have you treated this woman?
I just examined her twice,but I reviewed the records of her internist,her O.B.-G.Y.N.
How likely,honestly,doctor,is it for perimenopause to render a person homicidal?
Extremely unlikely,but it'sossible.
Plus there's no evidence she was homicidal.
She delivered a fatal blow to a man's head--
but possibly without intent,since--
she has no history of any mental disorder--
nor do mansuffers of perimenopause.
- The neurotransmitters are in flux. - It just seems like a very convenient time for someone to lose control,swing a shovel...
- there is no typical perimenopausal syndrome. - Which just happened to solve a lot of problems for her.
All right!
Well,somebody doesn't like to lose.
Objection.
How are we doing?
Well.
Uh,we had a conference with the husband and his lawyer.
- Good. - They laughed and walked out.
Not good.
- So we filed a complaint. - Good.
And they're bringing an immediate motion to dismiss.
Not good.
Jerry's going to argue.
what was that?
You're just nervous.
I've never done that before.
I think you should argue.
I would,but I haven't the slightest idea what I'd say.
Katie,until I get these strange tics of mine under control--
I could be wrong,but it seems if you refuse to argue,you'd be letting the tics control you.
It's lawful for attorneys to advertise.
That's all I did.
Divorce is a growth industry.
Over half of marriages dissolve.
I'm simply appealing to that market.
The personal injury lawyers are everywhere with their ads.
"If you've been hurt,call 1-800..." whatever.
Why is what I've done any different?
This case should be summarily dismissed.
And I ask that the plaintiff be ordered to pay the costs
and attorney fees of this frivolous action.
I still remember the first time I saw "to kill a mockingbird."
Watching gregory peck as atticus finch...
I thought,wow,to be a lawyer,what a noble thing.
How far we've slid.
But this.
I realize,your honor,we're hardly a moral society anymore.
We derive hundreds and hundreds of billions of dollars in revenue from pornography,
gambling,tobacco,illegal drugs,prostitution.
One major american city actually markets itself
to tourists as the place to come to commit adultery.
"What happens in vegas stays in vegas.
" So what's the big deal about a few distasteful attorney ads?
Well,a lot.
What does it say when the officers of our court,
the players in our justice system,overtly embrace sleaziness?
I realize we can't all be noble,but what's truly sad is that integrity,dignity--
they aren't even goals we aspire to anymore.
These ads cheapen and demean the legal profession.
They did great damage to mary winston,whose marriage ended,
in par as a result of mr. Gould's influence.
It's wrong,youronor.
And if you allow us to have our day in court,I think a jury might agree.
I come in peace.
How's the trial going?
You tell me.
You don't think I know you're sitting back there?
- Denny,I just- - I-I-I know it.
How am I doing?
you're doing great.
I think you actually have a chance of winning.
Who's doing the closing?
I am.
Do you know what you plan to say?
No.
Can I help?
I'm sure you can,but,uh...
as much as you're determined to fly solo,there's a woman whose life--
I-I-I know that.
It's just-- I'm-- I'm working onhis myself.
And if I need any help,I'll-I'll ask you for it.
Okay.
denny,you've been doing a fabulous--
- that puts pressure on me. - Sorry.
I'm here if you need me,and...
not if you don'T.
Thank you.
How's he doing?
He's in the game.
Imagine if we gave every woman going through menopause
or perimenopause a free ticket to kill somebody.
That's basically what the defense is suggesting.
Nowhere anywhere in the scientific community has anybody likened perimenopause to insanity.
It's ridiculous.
Ask the husbands.
Mr. Crane.
Married six times,judge,four of them wanted to kill me.
he thinks this is amusing.
Spousicide is anything but.
Six people are murdered in this country every single day by spouses or intimate partners.
This is hardly the type of crime or trial we should shrug off.
Don't any of you dare shrug this off.
She delivered a brutal,fatal blow to the back of her husband's head.
It was an unprovoked,voluntary attack.
She had no history of any mental disorder whatsoever.
She was caught holding the shovel in her hand.
He was leaving her.
A divorce would have meant a forfeiture of half of her assets.
She had an emotional motive,she had a financial motive,and she confessed.
What more do you need?
You're fine.
I-if you're convinced beyond all reasonable doubt that
my client voluntarily and with malice aforethought killed her husband...
then you should convict.
But,uh...
you--you simply cannot be convinced of that.
This woman had no history of violence or crime.
Clearly she didn't plan this.
there are-- there are better ways of getting away with murder
than hitting somebody on the head with a shovel in broad daylight.
Mr. Swarthmore says that she was caught with the shovel in her hands.
That's--that's not true.
She called the police.
He says she confessed. That's not true.
She admitted to swinging the shovel,but she never confessed to intent.
She had and still has no memory of deciding to do it.
And even if she really had planned to kill her husband using insanity as a ruse,
don't you think she would've manifested some symptoms beforehand to set up the defense? No.
When you consider all the circumstances of this,the most likely conclusion has to be...
she simply snapped.
As forerimenopause inducing insanity,
we never said that it caused prolonged dementia and delusions.
We're saying that it triggered a flash of violence,an impulsive,involuntary reaction.
You heard dr. Rosewell.
There is documented,objective proof that her estrogen levels were spiking.
The prosecutor has offered no doctor to rule out what we said because no doctors can.
Nor can you.
The reality is,there is no reason for penelope kimball
to pick up that shovel and swing it.
It makes no sense.
The only explanation is...
in an instant,in an impulse,she...
lost herself.
I said at the beginning,"the fun starts now." There's no fun.
A man has lost his life,an innocent woman is faced with losing hers.
No intent. No malice aforethought.
And even if you should somehow believe otherwise,you cannot be so convinced...
beyond all reasonable doubt.
You simply cannot.
Lawyers can advertise now.
I'm not a fan of it,but it is permissible for them to do so.
And,mr. Espenson,let's face it,with the proliferation of law schools,
the shady and disreputable are members of our brethren for good.
But as low as the bar has been set,these billboards seem to slither right under it.
It's one thing to bottom-feed with personal injury cases and divorce cases and the like.
It is quite another to be proponents of divorce then steer clients in that direction.
The institution of marriage already has enough trouble without your help.
I'm letting this case go to a jury.
Thank you,judge!
I beg your pardon.
I don't know what to say.
I am so grateful.
You were brilliant.
- Brilliant! - Brilliant!
Kidding.
may I say something else,jerry?
I thought your argument was eloquent,a model of dignity
and a noble example of what every other attorney should aspire to live up to.
Thank you.
- Not to mention brilliant. - Brilliant!
Brilliant!
where's penelope?
Bathroom.
Denny,that closing was superb.
Really?
It was fantastic.
I didn't think this case was winnable.
But you just gave that jury a lot to think about.
Jury's back.
evidently they think quickly.
You go. Just come back and tell me.
I don't think I can.
Let's go.
Okay,I will remind everybody we have three counts.
Let's keep the decorum until three verdicts are read.
Will the defendant please rise?
Mr. Foreman,what say you?
"In the matter of "the commonwealth of massachusetts "vs.Penelope kimball,
on the charge of murder in the first degree,"
we find the defendant not guilty.
"On the charge of murder in the second degree,"
we find the defendant not guilty.
"But on the charge of manslaughter,we find the defendant"...
not guilty.
oh,my god.
Ladies and gentlemen the jury,thank you for your services.
Keep it civil. Can you do that?
Give us a little space.
hang on there just a moment,will you?
One--one question at a time. I'm only human.
Actually,I'm not. I'm denny crane.
Reasonable doubt for a reasonable fee-- that's a denny crane promi me prosa.
hold 'em off for a second,will you? I need a moment.
be right back,folks.
how we doin'?
Doing fine. Why wouldn't I be?
No reason at all.
The press is waiting.
this is not just a great day for justice and penelope kimball,
but for gardeners all across this country,when you think of it.
There are democrats at this very moment out there
who are sponsoring legislation to impose waiting periods on sharp-edged shovels
and spades under the misguided notion that shovels kill,not people.
Alan...
I wasn't sure I'd ever have a moment like that again.
What a moment it was.
And to think you wanted to prevent me from sharing it.
Here we go.
You look ridiculous in that disguise,by the way.
I'm glad you were there.
Of course you are.
Go ahead.
I know it's coming. Go ahead.
Sleepover tonight?
did it ever occur to you that after a victory like that,
I might qualify for some serious sex tonight?
That I'm not offering.
maybe with penelope.
Maybe the judge. Did you see the look she gave me?
She gave you several looks.
But,denny,a day like this truly needs to be savored in the company of a best friend.
Which would be you.
Which would be me.
Which would be you.
I was something,wasn't I?
Denny,you are always something.
I don't want this day to end.
Neither do I.
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