Harry's Law S1E5 - English Transcript

Previously on "Harry's Law" Malcolm Davies is a bright young man who wanted to do wonderful things. The defendant is sentenced to two years in state prison. Said sentence to be suspended pending Mr. Davies's successful completion of a drug rehabilitation program. To help Adam will be your first official assignment as our new paralegal. I'm sorry. I promise I'll get him. We got him. He's cutting a deal that allows him to walk free! Give me the guy's address. I'd be aiding and abetting a crime. As viscerally satisfying as it was for me to know you beat the crap out of that guy, I was also disgusted by it! *** is a terrible thing, awful thing When a person's life is snuffed out. The evidence will show that Marie Graham's life was snuffed out viciously by the defendant, her husband. He discovered her having an affair, and he stabbed her Seven times. The evidence will show that the man seated right there, in that chair, committed this brutal, violent, vicious, gruesome, despicable act. It won't be a pleasant trial, I apologize for that. *** is ugly, and there is simply no way to dress up or sugarcoat brutal, violent, vicious gruesome, despicable stabbings. If there is to be any solace in this proceeding, it will have to come from your verdict. A verdict that holds the responsible murderer accountable, a verdict that puts him away, so at least no one else will fall prey to one of his Brutal, violent, vicious, gruesome, despicable acts. I get the sense the D. A. Is looking to convict here - with adjectives. - Objection. I would ask that defense counsel not turn this into a personal attack on me. Common tactic I get it, vilify the victim, better yet, the D. A. -- I get it, common tactic. Mr. Peyton, she didn't interrupt you. My name is Harriet Korn, and I would agree, *** is a terrible thing. In fact, the brutal, violent, vicious, gruesome, despicable ones tend to be among my least favorite. But listening to Mr. Peyton's opening, I was struck that while he talked about evidence and what it will show, he failed to include any. The reason is simple: He hasn't got any. Oh, yes, he has a victim who happened to be having an affair, so he, like the police, automatically jumped to the conclusion: Must be the husband. Well, guess what? It wasn't. You know, in most cases, it falls to the defense attorney to simply argue the elements. Why? Well, let's face it, most times defendants are guilty. So we stress things like reasonable doubt; the State hasn't satisfied its burden and so forth. Rarely do we get the chance to look a jury in the eye and say, "my client is innocent. " But I'm gonna look all of you in the eye right now and say exactly that. Justin Graham is an innocent man. Your honor, approach? I'm sorry, but I've just been informed that the police, pursuant to a warrant, have opened a safety-deposit box belonging to the defendant at dorset savings and loan in the box, they retrieved a finger, evidently matching the severed finger of the victim. - I beg your pardon? - I thought maybe we should suspend, allow both sides a brief discovery period and then continue. Only fair, only fair. You said they found her her missing finger? Yes. And where did you say it was? In your client's safety-deposit box. Something you'd like to share, Justin? Hold on, would you? Just let me think for a second. Okay, I was in shock, I saw the finger, I picked it up as a memento. A memento? Yes. I loved her. It was her wedding ring finger. I put it in my pocket. It was just the delusional act of a husband in shock. Then, not knowing what to do with it, knowing it would incriminate me, I put it in the deposit box. I think we're out. What? What do you mean? I mean, you need to find a new lawyer. - What are you talking about? - I mean I'm not representing you, and neither is Adam. You lied to us. Wait. So if I *** somebody you'll represent me, but God forbid I lie. See ya. Lady, you just switch to diminished capacity what the hell kind of lawyer are you? Let's just draft up a motion to withdraw. We're no longer representing Justin Graham, so you can box up all his files What the hell is this? Oh, um, our one-sheet. I'd like to advertise in local magazines. - No. - Harry - No! - Hey, I'm getting a little tired of dragging you along for the ride. This is an upscale shoe store and a law firm in a not-so-great neighborhood. Neither one of us has many walk-ups. We need to put ourselves on the map. - Who designed that? - I did. You did? You spelled "counsel" wrong. Malcolm Davies? What's going on? - Hey! What the hell are you doing? - What the hell? You have the right to remain silent; you have the right to an attorney. - We know what his rights are. - Step back, lady. I won't step back, and I'm getting sick and tired of police charging into my office, throwing people to the ground! - Get your hands off me! - Shut your mouth! What's this about? Possession of a controlled narcotic with intent. - What? - It's a lie! Don't say anything, Malcolm. - You have the right to remain silent - What?! Anything you say can and will be used against you in a court of law. You have the right to an attorney. I want to see my client. I already told you, lady He has a right to counsel. - Ever heard of the sixth amendment? - Know what? If I had a nickel for every time some snide-*** little prick tried to educate me on the sixth amendment - I'm not little! - Whoa, whoa, whoa. What's going on? I got Opie and Aunt Bee here - looking to see Malcolm Davies. - Okay. - Have a seat; We'll call you in a bit. - How long's "a bit"? What the hell are you keystone people up to now? Tommy Jefferson appearing for Malcolm Davies. How you doing, Harry, Rude? What is going on here? Malcolm Davies is as fine a young man as I've ever known. - I demand to know why you're holding him. - Only 20-year-olds I know can afford three lawyers are drug dealers. I'll cut you like a wild boar. Tommy, you're not helping. All of you can take a seat. We'll let you know when you can see your client. Harry, you got your motion in chambers. You better go. I'll wait here. I'll wait, too. Yeah, we got it covered. Tommy Jefferson is on it. Go ahead, Harry. We'll handle it. Malcolm, I'm detective Garcia. This is detective Maldonado. I'm represented by counsel. You can't talk to me. Well, that only goes for suspects, which you're not. What? You're not really under arrest, son, and we apologize for the aggressive takedown. But we're not exactly sure of all the variables in your office, so due to reasons that I'm about to explain, we had to make it look real it was for your own protection. What's going on? Well, you were once pretty tight with Terron Washington, aka doughboy. A long time ago. Well, not that long. Mr. doughboy's moved on from street sales; Now he's the front man for a crew that only supplies dealers. - I don't know anything about that. - Well, this crew that he's with, they won't sell to anyone they don't already know. We'd like you to tell doughboy you represent an out-of-town dealer and you want to make a buy. - Are you crazy? I'm out of here. - Sit down, Malcolm. You can't hold me for this; I know my rights. Yes, I'm sure you do. You're gonna be a lawyer, right? Malcolm, we would at least like for you to hear what we have to say. Please. Look, this would be a one-time thing. You wear this little transmitter. We could sew it right into the zipper of your hoodie. You make the buy, and then you're done. I'd be risking my life. Why would I even consider this? What'd be in it for me? Well, first, you'd be doing good. Some people find that rewarding. Second, a word from us could shave some time off of your probation. A lot of time. Now, we can't promise you this, of course, but I'm a pretty well-respected detective at the D. A. 's office, and I've been successful at making things happen. If I help you with this, I want my probation to end. And I want my record expunged. My entire record. - Yeah, right. - That's the deal. You want doughboy That's my terms. You know I'm really not that rude. What was that? I thought I heard something. Sounded like a bug. A peepy, squeaky, little, rude bug. Tommy, can you look at me? Please? The reason I so went after you in court is because I was daunted by you. Like you say, you're Tommy Jefferson, and I'm If anything, I was in awe. - Really? - I swear! I've followed your career. I promise you, I have a lot of respect for you. That's different. But you were rude. And there are different ways to show your respect. Hey. We can go. Malcolm, hey. I came as soon as I heard. Son, not to worry. I'm all over this. I'm not being charged with anything. Really? What's going on? A case of mistaken identity. We do apologize. Let's go. I scared 'em off is what happened. Had to be. Okay. What's up? I'm withdrawing from the case. Excuse me? Intolerable relationship with the client. I'm getting out. Now? You kidding me? You kidding me? You kidding me? I'm not. I'm not. I'm not. Counsel, the trial has already begun. I can't let you withdraw. - My client lied to me. - Yeah, well, defendants do that, especially with their lawyers. I can't do it. Well, you're going to have to. Why would you make me do this? Why? Because we've impaneled a jury. Because we've already started the trial. Because lawyers represent guilty clients all the time. Because you pulling out now would prejudice a defense, and frankly, because your motion is silly. I won't be effective. I'll be inadequate. No, you will be just fine. Your request is denied. - You're going back in there. - Wait a second. It wasn't a request. I'm telling you, I'm off. All right, Ms. Korn, the way it works is I get to do the telling. It's a perk of the goth robes. I'm wearing them now. If you order me to continue on as counsel, I will just tank it. I see, in which case, I will hold you in contempt and refer you to the overseers, where you'll no doubt be disbarred. Well, you might as well hold me in contempt now, and save everyone some time, because-- something tells me that you will behave as an officer of the court. Something, namely me, is telling you I won't. I will tank this trial. Your motion is denied. I sympathize. But this trial is going on. With you. What are you going to do? I have no idea. But frankly, I'm a little more concerned with you, Malcolm. I'll be fine. You have no training as an undercover. They wire me up, I make the buy. There's not much to it. And what if this doughboy suspects you? He won't. Plus, the cops'll be a few blocks away, listening in a van. I'll be safe, Harry. This whole thing just smells too dangerous to me. Harry, you know as well as I do, a criminal record could keep me out of law school. This way, I get it expunged. I can't turn that down. A detective can't expunge your record. I already agreed, all right? I'm doing it tonight. Well, I'm not letting you risk your life on the promise of a detective. We should get an executed agreement from the D. A. 's office. Adam, can you handle that? I'm not in trial with you? No. I'll be damned if I'm giving this creep both of us. Be careful. Just checking on the status of my case. Nothing new. They're just going to keep you as a person of interest, hang that over your head, which they can do forever if they want. They ain't filing charges? No. I doubt they ever will. Good. When we arrived, we found the victim in the bedroom, supine position, multiple stab wounds. She was already dead. And the defendant? Also in the bedroom. Very despondent. Did he say anything? Not much. Just that he came home from the office and discovered her that way. Hmm. And did you believe him? Well, at first, we had no reason not to. But the neighbors reported seeing his car arrive home prior to hearing any screaming. It also became apparent that the scene, which at first looked like a home invasion, was more likely staged. How'd you figure that? The broken glass from the window of the supposed entry. Much of the glass was outside the house. Also, we found no footprints on the ground outside the window. Thank you, officer. Do you always find footprints in cases of home invasions? - No. Not always, but - Thank you. And officer, could it have been the sound of my client screaming that the neighbors heard after he arrived home? All three witnesses said they heard a woman. Well, hysterical screaming, that could reach a rather high pitch, couldn't it? Man or woman? I wouldn't know. You wouldn't know. And yet here you are, offering conclusions just the same. - Objection, badgering. - Badgering? It's called cross-examination. Objection is overruled. Look, officer You know my client killed his wife. Certainly, I know it. Counsel. But you can't tell that from the sound - of a stupid scream, can you? - Ms. Korn. My client told me his wife didn't have time to scream, that he first got her from behind. All right. That's it. This case is hereby declared a mistrial. Bailiff, please take Ms. Korn into custody. - Did I do something wrong? - You are in contempt of court. - Bailiff? Take her. - Take me where? You're not going to put me in a cell with my client, are you? 'Cause he kills people. I love it that you're actually in here, asking me for a favor. I'm not, actually. Detective Garcia is asking the favor. He's seeking to put my client at serious risk. These are the terms. Okay, first, I can't expunge his record. Only a judge can do that. The judge will follow your recommendation. - And what makes you think that? - You're charming. Look, talk to your detective. This is something he wants. And as I said, these are the terms. If you want Malcolm Davies to be a police agent, these are the terms. Excuse me. Hey, Harry. What? Are you out of your mind? Could be. Harry. - For God's sake! - Never mind. - Did you post my bail? - I tried. They say it isn't about bail. What? Who said that? I did. Remember me? Black robe, gavel, little hostile? Look, your honor, she recently went off her meds. - I'm not on meds. - You see? It's awful. Trivializing this would not be the way to go. This woman is an extremely admired attorney. Which makes this all the more tragic. Look we don't know each other well. But I do know of you, and I have followed the recent trajectory of your career with curiosity and, well, hope. I mean, a lawyer walks away from a lucrative practice to perhaps do something more meaningful. Instead one who commits career suicide in, of all places, my courtroom. I am recommending you for permanent disbarment. And it breaks my heart. There he is. Hey, doughboy. Malcolm, right? Ain't seen your junkie *** in the longest. I need some candy-caine. I ain't slinging no more. We just be selling carpet in bulk. I need weight. Two bricks. Yo, Singh. Watch the floor a few. When you need these two rolls of plush pile? Soon as you can get 'em. Short notice. I got to ask the boss. This carpet, it for your house? My cousin's in Virginia Beach. Guy who supplies his co-- carpet got picked up. Says if I hook him up, he gonna hit me off with a finder's fee. He be down. Where you been at? I'm on probation. What happen to that base-head you was runnin' with? Violet? Violetta. She's dead. When she didn't have money for rock, I'd tap that ***. Boss will be in directly. You lose him, too? Bug must have died. Damn. Oh, man. What - Yo, mal, what's up, boy? - Hey, man. - How you doing? - Yo. You know, you really looking good, man. Me and Malcolm go back, fool. Yo. I heard you gonna be a lawyer and whatnot. That's the plan. See? I knew you were gonna make it. You'll be the one that got out. Yo, T. We gotta roll, man. You see me conversating? So, what you doin' here, feel? He need two rolls of plush pile, asap. No. Not me, my cousin. Oh, good. You stay away from this mess, man. Okay? We got plush pile in stock? Comin' in tonight. But the Dominicans been waitin' on that delivery. Well, looks like they gonna be waitin' a little longer. You come pick up your two rolls tomorrow night, all right? Thanks, T. It's good to see you, Malcolm. You, too. You, too. - What do you mean you killed the bug? - He used to be my best friend! Tank. I didn't keep up with him after I got busted, 'cause I've been trying to avoid the whole - So you cut the bug? - The cops think it just failed. They don't know who he is, but he's the one they want, so, they want me to go back. I thought I'd be helping nail doughboy. He's bad. He used to sell dope to middle school kids. But Tank is different. I been thinking, um, I should give him the heads up. You do that, and you open yourself up to criminal charges. He was like a brother to me. One time I muled for this dealer. Instead of delivering the stuff, I used it myself. The guy came looking for me to kill me. Tank stepped in. Took a bad beating. Probably saved my life. You're really breaking my heart here. I'm sorry, but your friend Tank's a major drug dealer. He's the reason a lot of kids are addicts or convicts or corpses. So letting him continue to destroy lives it's I don't mean to sound like your mother, Malcolm, but this is one of those moments when you have to decide what kind of man you're going to be in life. Harry, I came as soon as I heard. - Heard what? - That you're going to be disbarred. I'll defend you, not to worry. We will not let this happen. Thank you, Tommy, that won't be necessary. Who's defending you, him? Rude boy? Nobody's defending me. The only real shot I have here is to fall on the grenade and beg for mercy, so that's what I plan to do. - Let me at least go with you. - I don't think it'll help. Harry, come on. We're like a family now. We are? Let me at least be at your side. I'll stay silent if you prefer, but someone should at least be there, for God's sake. I'm going with her, okay, Tommy? Neither of you is going with me. Malcolm. Word on the street's you're buying. That ain't true, is it? It's a one-time thing. Malcolm, prison is full of guys who done one-time things. You lost your head, bro? - Stay out of it, Damien. - I ain't good at that. Stay out of it. Okay? Well, why don't we just do this? If you need any help at all, I'll just kind of be the Sorry. My bad. I won't trivialize the severity of my actions, but I will say, I asked to be let out. The judge refused. I told her if I wasn't let out, I would do exactly what I did. That is hardly an excuse for selling out your client, especially in open court. - It isn't, but - Counsel, you tanked a trial. There's nothing worse. If we don't disbar an attorney for doing that, when would we? Harry, I could be wrong, but I think they expect you to say something here. There's nothing to really say. Your honor, disbarment is the ultimate penalty. It's permanent in Ohio. And as you know, we reserve that punishment for the worst of the worst. That's the death penalty. We disbar for a lot of things. Look, I would think you'd consider not just the totality of the circumstances, but the person, as well. This is Harriet Korn. She has served this bar with integrity, valor, - honor - This is not a referendum on the person. It's about what she just did. She could be my mother and I'd still be voting to disbar. - Your honor, I've met your mother. - Harry. Do you find humor in this, Ms. Korn? No. If our profession is to lay any claim to moral integrity For God's sake, you tanked a *** trial. Why the hell didn't you just fake being sick? Claim a health scare, a family tragedy. You could have found a more clever way to wiggle out of this than announcing to the jury that your client was guilty. I think this is the act of someone who wants to be disbarred. Do you? Because if so, there is nothing you could have possibly done to better guarantee that result. This all happened in the course Mr. Branch, your loyalty is noted, but we need to hear from Ms. Korn herself. Your honor, the truth is, I don't really have a satisfactory explanation. And maybe the best What Ms. Korn is saying is she needs a little time. Short recess? We'll give you to 2:00, then resume. You have to fight, Harry. If you say nothing, you're dead. Fight for what? The right to keep representing drug dealers and murderers - Are you serious? - I'm damn serious. Maybe this is kind of a sign. Time to get out. I've put away a little money. Maybe I should just retire and What is it retirees do? I can't believe I'm hearing this. Look, I won't let you just give up. - I won't. - It's my life. - I can choose to - No, it isn't. It isn't? No. It's my life, too. And Jenna's and Malcolm's. We all walked this shoe-store plank with you. Plus, you're not even remotely ready to retire. I can see it in your eye. You like this. You're having fun. I never have fun. That's a lie. This job is probably the most fun you've ever had in your life. Whatever you say about our practice, our neighborhood, this shoe store, us it adds up to something worth fighting for, Harry. Okay. Thank you. What's happening? We broke for lunch, due back at 2:00. How's it going? Well And Malcolm, what about you? What's going on? Supposed to go back tonight soon as the carpet store closes. So, you're doing it for sure? Malcolm, I Listen, I don't really know anything about this whole double-agent snitch business, but something tells me that indecision could get you killed. And so, since you don't really have much of a choice, seems to me, you should just make up your mind and do it. The guy's my friend, Jenna. That's crap. He's not your friend. He's somebody who used to be your friend when you were a drug addict. Dealers aren't really friends to addicts. - Harry here? - No, she's somewhere else. Damien. Damien! Look, I'm not sure what's up with all the hostility I'm just a hostile person. That's why I tend to disgust people. Ah. Okay. Look You wanted me to do what I do, bro. You know it's what you wanted. - And now I disgust you? - You're right. There is nothing I wanted more than the crap to get beat out of him. I also know I likely conveyed that. I was a part of that beating. Which is why The disgust I have a lot of it's with myself. I let you do the dirty work. I let you risk prison. And, uh I'm sorry. I projected a lot of contempt on you that I should have reserved for myself. Okay. Okay? Okay, Ms. Korn. It's Hail Mary time. I realize my law career is probably over, and that I have no defense. But if I may. You spoke of your need to safeguard the integrity of the legal profession. To which I respond, what integrity? Do you know what people think about lawyers? Do you? We used to be revered. Lawyers started this country. Our founding fathers. Of the 55 delegates who attended our Constitutional Convention, And now, we're collectively thought of as greedy, manipulative, corrupt. And why? 'Cause somehow along the way, the justice game became all about winning. Defense attorneys go so far to conceal the truth that the D. A. 's have no choice but to play just as dirty, so we end up with a system that isn't even remotely honorable. My ethical obligation here was to do everything within my power to dupe a jury into believing that my client didn't *** his wife. My moral responsibility was to distort and manipulate the actual facts so far beyond recognition as to put a murderer back on the street. It's disgusting. Indecent. My partner here? Last week, a man tried to *** his girlfriend. The *** is being set free so he can cooperate with police on another case. That's how our justice works. Make the right deal, and a *** gets freedom. And consider this very proceeding. I'm before the board of bar overseers, and you actually suggested that I lie about an illness or a family tragedy, something more clever to get away with turning on my client. It's all just a big game. And you lecture me about moral integrity. Only real question before you today is, will she ever pull this again? I won't. Why? Well, the truth is, I've got too much to lose. The big irony here is, I never loved the practice of law Until now, after I began doing it in a shoe store with people I rather adore. People whose lives in part depend I screwed up here, I admit. I'd like to use my Mulligan. The practice of law, despite its many, many flaws, can still be a very noble thing. And I like to think it's just a little more noble with me in it. But, uh That's your call. The fact that they're not ruling right away has to be a good sign. It means they're at least thinking about it. Harry? What? I'm sorry. I'm a little I'm worried about Malcolm. He's doing this now? He said at 7:00. It's exciting, isn't it? Aren't we lucky that we get to lead such exciting, dramatic lives? It's too exciting. Just once, I'd like to have a normal day. Are we ever gonna have just a lousy, normal day? Probably not. Tommy, do you mind if I ask you a question? Of course. Why are you here? Because I care about you, Harry. We're like family. Oh, right. I forgot. We're back. What you did it was off the charts. And I repeat the question. If we don't disbar a lawyer for tanking a trial, then when would we? But your condemnation of the legal profession it doesn't fall on deaf ears. With the proliferation of fly-by-night law schools, as we spew attorneys out like widgets, and as the product is increasingly diluted, the American Bar has become a bit of a cesspool. We're not sure what the answer is, but it can't be throwing one of the better attorneys out. And despite your transgression, we all feel you are one of the better ones. And we do agree. The practice of law is a more noble thing with you in it. Conditioned on you performing for each of the next five years, and you staying true to your promise that you will never do this again, you live. Are you serious? Would you like us to reconsider? No. No. I am beyond grateful. You have no idea. But thank you. Onward and upward, Ms. Korn. Please. Adjourned. You're like a cat, Harry. You get hit by cars, people fall on you from the sky, you tank trials. You're like a cat. I must be. You early, dawg. Seven o'clock. Tank here? Got the carpet you ordered. No need to bother the man. I need to see him. It's important. Malcolm! Malcolm! Malcolm! Want a hit? It's good stuff, man. I said get Tank. Think you all that, 'cause you tight with T. But I knew you back in the day, when you'd do anything to get you some anything! What the hell you bothering me for, man? Oh, my man. Yo, Tank, I need to talk to you. Right here in front of you, baby. What's good? My cousin's been burnt before. He said to make sure the plush pile's the real deal. - You trying to say we ain't legit? - I ain't trying to say anything. T says it's good, that's good enough for me. He playing it smart, fool. Let me show you something. Come here. Now, if it turns pink, it's pure, right? So, um, I ever meet this cousin of yours? Nah. He was locked up till last year. Next time, you tell him to come himself, you feel me? There it is. Yo, Malcolm. Don't take this the wrong way, all right? If I ever see you in here again, or anywhere else around this stuff, I will kill you. What? You heard me. I ain't fronting. This is what I do, boy. It's who I am. Sometimes I wish it wasn't, but I'll make it work, I'll be okay. But you don't got to do this. You got other ways to go with your life. You're smart, got the whole law thing happening. Don't get lost in this stuff. Get your product. Police! Let's see the hands! Let's see the hands. Hands where I can see 'em! They followed you, you shut up. You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. Did he put two and two together? I don't know. I feel so dirty. 'Cause you were cleaning up a dirty mess. Look, in all likelihood, now you'll no longer have a criminal record. That's huge. Yeah, but turning your back on your life, your friends - What kind of? - Malcolm. Look at me. We'll all keep saying it till it sinks in. Your old life was that of a drug addict. You have to turn your back on that, all of it. If you need to talk to us, we're all here. You should also probably talk to your sponsor. Listen I owe the three of you an apology. What I did jeopardizing this place You kind of said that in court, Harry. It meant a lot to us. Well You all mean a lot to me. And, uh, I won't say that again until Big victories deserve big celebration. Oh, God. I couldn't let it go by, Harry. Welcome back to the practice of law. Tommy. Ooh, I love cakes. How is it he just keeps showing up? Be nice, Harry. He did win the day for you. I won it? How did I win it? By being there, Tommy. I mean, the judges took one look at you and thought, "if he gets to practice, how do we throw out her?" - That was a joke. - Just like that, back to being a bug. Oh, come on. Blow out the candles, Harry make a wish. All right. Actually, I do have a wish. It involves us all. - Even him? - Bug. Oh! For Pete's sake. I should have known. Tommy Jefferson. It's go big or go home. Oh, Tommy, that's not safe. That thing's gonna start a fire. Nah, it'll be fine. It'll be fine. Got it.