The Practice:2Nd Episode (Darrell)

The Practice:2nd Episode (Darrell)

• Eleanor is talking to a client (Darrell) – they are not dismissing, what about the motion for discover (which asks for states’ evidence). Best hope – mental health issues – borderline IQ, abuse issues. I want to go home. If we lose at trial – I didn’t kill the kid – I can tell them I didn’t do it. Prosecution is going to ask for more than that.

• Richard (short man syndrome) – your client killed their 8 year old for sport. I’m not making any deals. (No plea bargain)

• Was your father beating you? We could argue self defence. Wendy – let me help you. You tell me it was self defence and that’s what I write down. I wasn’t in the house. (She’s not going to talk – where is the boyfriend)- Helen

• Boyfriend – cop is talking to him in another room. If you come forward now you won’t be considered an accessory. I know my rights and I want a lawyer. Get me a lawyer. Scott.

• Helen and the cop talk – Frank’s kid (his father is a cop) – we should call Frank. This will kill him.

• Eleanor – Talking to the media

• Judge: Freedom of speech – that wasn’t about freedom of speech. The jury is not sequestered and they might have heard about this in press. Eleanor – Richard you need to personalize everything – we should plead this out. We should dismiss them. Darrell’s friend – Eddy comes forward – Darrell didn’t kill that kid. Witness comes forward in Darrell’s defence.

• Brandon Lohurst was found dead – bottom of stairs – your son Frank was seen fleeing the house. Scott has asked for a lawyer. The cop goes in to talk to his son (alone with no windows)

• Kenny lives in the neighbourhood – I think he killed the boy. Eddy was going to meet him at the house. Darrell goes in. Kenny goes out. Kenny killed the boy before Darrell went in. I didn’t tell the police – why come forward now – Darrell shouldn’t go to jail. I have to live in that neighbourhood. I’m just telling you what happened. Do you want my help or not? Did Darrell get framed for the murder?

• Helen: To Frank – he has something he wants to say. Prosecution and cops generally have a very good relationship – they are both trying to put bad guys away.

• The girlfriend was getting abused by the father. I know that she wasn’t there b/c when I went there – I went alone. I took my dad’s gun and went to his house. I went upstairs looking for him. The door wasn’t locked. He was coming out of the bathroom – I pointed the gun at him and threatened to kill him, he backed up and fell down the stairs. At first I thought he was knocked out and then I could tell he was dead – I got scared and ran. I didn’t want to hurt him; I just wanted to scare him. Is it considered murder?

• Sitting around the Firm office. Eleanor – turn over the new evidence. Have to add him to witness list. Avoid a trial – don’t tell Richard. Unfair surprise – you aren’t telling the prosecution about what Eddy is going to

• The cop Frank goes to talk to Bobby – you let him talk? He is facing criminal charges. If you don’t talk you are a suspect. Helen is the D.A.? This is a homicide. D.A.’s don’t cut favours on murder cases.

• Eleanor – adding a witness. Richard – is fighting. Judge says the witness is allowed.

• Helen- we are charging him with 2nd degree murder. That’s life – with the possibility of parole. He’s going to prison b/c of politics. Frank – I thought he was an accessory. He fired the gun. Trace metal on Scott – he dug the bullet out of the wall. We have an armed assault in a dwelling – we’ve got enough to make 1st degree. Murder 2 is a break. Frank the cop is angry. What is parole?

• Boy died of blunt force trauma to the head- he was beaten with a wooden object. A plank was used. Officers recovered it behind the crime scene. Blood matching the victims. Fingerprint analysis revealed – fingerprints of the defendant. But he could have picked up the piece of wood was picked up after wards and the prints were cleaned off from the murdered.

• Back to Frank’s son – Bobby – we need to think. I didn’t shoot at him – shot 6 feet wide from 4 feet away. He is being arraigned tomorrow. He’s going to go to trial for murder. Eugene – other way to go…we may have an out. Confession – to a cop – gets him off on a technicality. Helen is going to argue that he confessed to a cop, we don’t have to argue that – we can argue

• The 8 year old (Brian) was always afraid of Darrell (he is a little off – Darrell screams out at this – I’m not off). How can someone so clearly disturbed be on the streets (the father of the boy)?

• Eleanor: Brian’s fears – did Darrell ever do anything to your son. He perceived Darrell as being a little off.

• Darrell: We are winning right? You did great Eleanor. Eleanor – let’s talk about Eddy and Kenny. Kenny was leaving. Eddy is my friend. Eddy thinks you are protecting Kenny b/c you think he’s cool. I’m not sure that you understand it. You think I’m stupid don’t you? I think we are winning Eleanor.

• Eddy: I should just stick with the same story. Boy screams before Darrell went in. Is that what happened or not? I can only put you on the stand if you testify to the truth. What happened? Darrell and Kenny both went into the house, I just changed the order. You are not testifying Eddy. What happens to her case? What kind of ethical obligation do you have? Should she let him on the stand to lie? Richard sees this.

• At the firm: I have to put Darrell on the stand. He has the IQ of a 12 year old – up against Richard. Why can’t you put Eddy on the stand – knowing that he’s going to lie? Good luck!

• Scott Lobes – personal repositions. Murder 2 – commonwealth

• Confession was made to a cop. Want a short evidentiary hearing. Detective Mike will have to take the stand. Helen was very upset.

• Darrell – on the stand – I saw my friend Kenny. He was smoking and left. I had to use the bathroom – that’s when I saw him. Brian – he was dead and there was blood everywhere. I poked him to see if he was alive. I lifted off the piece of wood from his head. You go to a special school – you have to tell the truth right? I didn’t kill that boy – I found him like that. Richard you didn’t tell the police. Sustained, overruled. I told everyone I saw I just didn’t see any police officers. Brian wasn’t my friend – he sometimes teased me. Did you ever tell him he’d be sorry for the names that you called him? No he was already dead when I went into the house. Eleanor – defence rests. Richard – one rebuttal witness. Sidebar (both go to the judge). He’s properly listed as a witness. I properly excused him as a witness. It might help me. Was anyone else present for your conversation – no, shame on you- don’t ever interview a witness by yourself.

• Cop Mike is on the stand. We stopped the interrogation. His father went in. Did Scott lobes ask to see a lawyer? No, did he ask to see his father no…

• Eddy on the stand. You are here under supinea. You a friend of Darrell – Richard – you were prepared to lie to help him. You don’t have any motive to hurt him – no I don’t. Tell us what happened next. I saw Darrell going towards the house. The scream was before he went in. Richard – you told me you heard the scream after the Darrell went in. Richard – I’ve been tricked. I’m just saying what really happened. Nothing from Eleanor. That went well right (Darrell said).

• Helen – Frank is a friend. Honest cop. If his son told the truth. I didn’t think about the information that he told him. You didn’t let the father talk to his son, you sent for the father to get a confession you didn’t get. It is your testimony – you didn’t get the father. Am I allowed to object from the chair your honour? Why didn’t you have a lawyer? Objection: Speculation, argumentative, badgering.

• I don’t question he went in as the father – Helen let’s use the father to get a confession. Why didn’t you call the father before the police interrogation? He asks for a lawyer, we gave him a father. Was the statement given voluntarily – yes it was.

• Eleanor: you can testify he was going to lie. False testimony. You can’t call me to testify. The guy flipped on me and then flipped on Richard. I’m the one who excused your testimony. She is a witness b/c she has information. Can’t impeach a states’ witness. This is a gyp. That argument you can save for ideal.

• Closing: Eleanor – no eye witness. We proved how the fingerprints got on the wood. He was at the wrong place at the wrong time. Eddy heard the scream before Darrell went in. There is reasonable doubt every where you look.

• Richard: Eddy is a liar. It’s easy to fall into the game of trail. Who got more points etc. Maybe I looked like a loser that I felt like – I was surprised by my own witness. The question is – who killed Brian. Evidence – all of it – points to Darrell – he threatened him, he went over the house and when he left the boy was dead and the fingerprints were all over the piece of wood. For once let’s not look at this as a game.

• Judge in Scott’s trial – We’ve had parents – was the parent acting as a parent or an agent of the state. He went into the room as a father not as a police officer. Interrogation – therefore, you sent him into the room as trying to get information –that’s interrogation. Helen- what was in your mind? Court – competitive nature, he wouldn’t have gone into the room if you hadn’t called for him. Confession is suppressed and so is the bullet – everything was suppressed. I hate what you guys what you do, but I like it today (cop said). Helen is going to the judge – nasty. Cop – Helen you sent me in there to do your work.

• Verdict for Darrell – not guilty. Charge of murder 2nd degree – not guilty. Richard and the family are very upset. It was my idea to put Eddy up – jury – would only half believe him. I told you I wasn’t stupid. I knew if he testified for the prosecution they would only half believe him. Double jeopardy cannot apply. Parents just heard what Darrell said.

• Helen and Richard are out for dinner – she says she wants to quit. Why is it getting so hard to get conviction? I sent him in there to get the kid’s confession – if he was innocent there would be no confession to be had. I need the speech – I’m demoralized. Richard: There are heroes – D.A. don’t get to have clients – no one says thank you at the end of the trial – our gratitude comes from – crime left unchecked will rob everyone’s freedom – to be able to walk down a street without being afraid. We do it b/c we are crusaders – he can never feel free, without what we do.