Gates McFadden: Judge Emily Harrison

Quotes 

• A.D.A. Helen Gamble : It was a courtesy. I've known Frank Lopes for 9 years.

  Eugene Young : He's a friend?

  A.D.A. Helen Gamble : Yes, he is.

  Eugene Young : Known him to be an honest cop?

  A.D.A. Helen Gamble : Very.

  Eugene Young : Straight shooter?

  A.D.A. Helen Gamble : He shoots straighter than his son, I guess.

  Eugene Young : And if his son told him the truth, knowing Frank Lopes the way you do, what did you think he would do with the information?

  A.D.A. Helen Gamble : I didn't think about it.

  Eugene Young : You didn't think about it?

  A.D.A. Helen Gamble : No, I didn't, Counsel. I was just letting a father visit his son.

  Eugene Young : Well, you didn't let the father visit the son before the police questioned him. Only after the boy asked for his lawyer, only after you didn't get anywhere, then you called for the dad. You sent for the father to get a confession you couldn't get, didn't you?

  A.D.A. Helen Gamble : No, I did not.

  Eugene Young : You're under oath, Helen.

  A.D.A. Helen Gamble : I know my oath, Eugene.

  Eugene Young : It is your testimony that when you called for Scott Lopes' father, you did not do it for the purpose of facilitating a confession.

  A.D.A. Helen Gamble : That's my testimony.

  Eugene Young : 'Cause you would never take advantage of a friend that way, would you, Helen?

  A.D.A. Helen Gamble : That seems argumentative. Am I allow to object from the chair, Your Honor?

  Judge Emily Harrison : The objection is sustained. Ask questions, Counsel.

  Eugene Young : Here's a question. As a friend, why didn't you have a lawyer present before getting a statement from Scott Lopes? Wouldn't a friend say, "Hey, you might want to wait for a lawyer"?

  A.D.A. Helen Gamble : Objection - speculations.

  Eugene Young : Truth is the Lopeses felt they were getting legal help, didn't they, Helen, from a friend?

  A.D.A. Helen Gamble : Objection - argumentative.

  Eugene Young : Tough having to be both witness and D.A. Here, isn't it? Tough playing a deal role, huh, Helen?

  A.D.A. Helen Gamble : Objection - badgering.

  Eugene Young : But you weren't playing a dual role the other day. You were just a D.A. You sent that man to get on a mission...

  A.D.A. Helen Gamble : OBJECTION - BADGERING! ARE YOU GOING TO RULE OR NOT?

  Judge Emily Harrison : Move along, Mr. Young.

  Eugene Young : I think I'm done, Your Honor. I don't have any questions at all. Not anymore.

• Judge Emily Harrison : [Coming back to the courtroom]  We've had parents extract confessions before and the test has always been was the parent acting as a parent, or, rather, as an agent of the state when speaking with his or her arrested child? Nobody here seems to be doubting Detective Lopes went into that room as a father, not as a police officer, but to me, the question doesn't end there. Anything designed to elicit an incriminating response by definition is an interrogation. Therefore, Ms. Gamble, if you send the father into that room as part of a design to collect information, the court holds that to be an interrogation, even if the father was an unwitting participant. The question here is, what was in your mind? Only you know. The court, however, is allowed to take note of your competitive reputation. The court also takes note that Detective Lopes never would have entered that room unless you send for him, and since you sent for him after you struck out with the police interrogation, and since the defendant have invoked his right to counsel, I smell a foul ball. The confession is suppressed. The gun and the bullet are deemed fruits of the poisonous tree and are similarly suppressed. In the absence of this evidence, I find no cause to hold the defendant, and he is therefore free to go. Adjourned.

  [Bangs the gavel. Scott is saved by his father Detective Frank Lopes. And Detective Lopes giving thanks to Mr. Donnell] 

  Detective Frank Lopes : Thank you. Thank you. I have to admit, I hate what you guys do, but I love it today.

  [Ms. Gamble have one final word] 

  A.D.A. Helen Gamble : Would Your Honor have a big long stick handy, preferably barbed?

  Judge Emily Harrison : I'm sorry?

  A.D.A. Helen Gamble : I'd like to bend over and have it run up my ass to complete the experience of appearing before you.

  Judge Emily Harrison : I'll let that go, Counsel... once.

  Detective Frank Lopes : I won't let it go, Helen. You sent me in there to do your work with my own son.

  Bobby Donnell : Come on, Frank. Come on.

  [Mr. Donnell taking Detective Lopes and leave the courtroom] 

• Detective Michael McGuire : And at that point, he asked to see his lawyer.

  Bobby Donnell : And then what happened?

  Detective Michael McGuire : We stopped the interrogation. Then, since his father was a colleague, out of courtesy, we gave him a call.

  Bobby Donnell : And then?

  Detective Michael McGuire : His father came down, went in, and talked to his son. Then, when Frank emerged, he said that his son was ready to make a statement.

  Bobby Donnell : Detective, did Scott Lopes ask to see his father?

  Detective Michael McGuire : Actually, no. He just asked to see his lawyer.

  Bobby Donnell : Whose idea was it to call Detective Lopes?

  Detective Michael McGuire : Helen Gamble's.

  Bobby Donnell : Your Honor, at this point, I'd like to call Helen Gamble.

  A.D.A. Helen Gamble : I'm the prosecuting D.A.

  Bobby Donnell : This is just an evidentiary hearing.

  A.D.A. Helen Gamble : [Protesting]  So what? I'm the D.A. of record. I can't be...

  Bobby Donnell : Then maybe you shouldn't be.

  A.D.A. Helen Gamble : What the hell are you up to now?

  Bobby Donnell : Your Honor?

  Judge Emily Harrison : Ms. Gamble, please take the stand.

• Bobby Donnell : I don't question that Frank Lopes went into that room as a father, not as a cop.

  Judge Emily Harrison : Then what's the issue?

  Bobby Donnell : The issue is he was used unwittingly by the district attorney. She called him to get a confession. Regardless what was in Frank Lopes' mind, Helen Gamble's thinking was, "Let's use the father to get the information," knowing the father, a good, straight cop, would turn it over.

  A.D.A. Helen Gamble : So you're a mind reader now.

  Judge Emily Harrison : Well, Ms. Gamble, if professional courtesy was the goal, why did you not call the father before you hit the wall with the police interrogation?

  A.D.A. Helen Gamble : The police interrogation had started before I got there.

  Bobby Donnell : Scott Lopes asked for his lawyer. By law, all questioning must stop.

  A.D.A. Helen Gamble : And all questioning did stop. It was his father, and on cases where the father is also a cop, the courts look to the totality of circumstances to determine, "Was the statement given voluntarily?" Here, it was, and everyone knows it.

• Clerk : Case number 42643, Commonwealth vs. Scott Lopes.

  Bobby Donnell : Bobby Donnell for the defendant, Your Honor. Waive reading, ask for personal recognizance.

  A.D.A. Helen Gamble : Murder two.

  Bobby Donnell : No flight risk. This was accidental...

  A.D.A. Helen Gamble : Murder two, the commonwealth opposes bail.

  Judge Emily Harrison : Bail is denied.

  Bobby Donnell : The defense moves to suppress my client's confession. 6th amendment grounds - he asked for his lawyer and was denied.

  A.D.A. Helen Gamble : The confession was made to his own father...

  Bobby Donnell : My client's father is a police officer who went in to interrogate, and since Scott Lopes is his son...

  A.D.A. Helen Gamble : You got to be kidding.

  Bobby Donnell : He asked for a lawyer. They sent in a police officer.

  A.D.A. Helen Gamble : Bobby, even for you...

  Bobby Donnell : Helen, even for you...

  Judge Emily Harrison : All right, what's going on?

  Bobby Donnell : It's exactly what I said.

  A.D.A. Helen Gamble : Detective Lopes entered that room as a father, not a police officer. There's no state action here.

  Bobby Donnell : And I disagree.

  Judge Emily Harrison : Mr. Donnell, you're suggesting that Detective Lopes assumed the role of police officer when talking to his own son.

  Bobby Donnell : I request a short evidentiary hearing, Your Honor. I'd like to call Detective Michael McGuire to the stand.

  A.D.A. Helen Gamble : What are you trying to scam now?

  Bobby Donnell : I object to that, but as long as we're throwing words like "scam" around...

  Judge Emily Harrison : We're not. The detective will take the stand at 11:00.

  A.D.A. Helen Gamble : You're joking.

  Judge Emily Harrison : Next case.