The Practice (TV Series)
Checkmates (2000)
Camryn Manheim: Ellenor Frutt
Quotes
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Ellenor Frutt : I can either go to the D.A., turn over the new evidence, ask them to reopen the investigation...
Eugene Young : Richard Bay.
Ellenor Frutt : Exactly. He won't do anything.
Lindsay Dole : You have to add him to your witness list.
Ellenor Frutt : I'm doing that. My question is do I come clean with what I've got or do I just play the card at trial?
Bobby Donnell : Spring it at trial.
Lindsay Dole : Wait a second. If they investigate and this guy's story checks out, you might avoid a trial.
Bobby Donnell : Doesn't sound like he totally blows the prosecution's case, and if the trial goes forward, the less prepared Richard Bay is...
Jimmy Berluti : Unfair surprise.
Rebecca Washington : No, it isn't. The witness is on the list.
Jimmy Berluti : Are you telling them what the witness will say?
Ellenor Frutt : No, just that he was in the area, and that he went into the house with this Kenny person. Nothing about hearing screams. I don't have to tip that.
Jimmy Berluti : Unfair surprise.
Eugene Young : It is not.
Ellenor Frutt : It isn't.
Eugene Young : Look, put him on the witness list. Let him give his testimony. Let that be that. No way do you tip off Richard Bay.
Lucy Hatcher : [Door opens is Lucy Hatcher] Bobby, there's a detective here to see you.
Detective Frank Lopes : Bobby.
Bobby Donnell : Frank, what's up?
Detective Frank Lopes : It isn't good. Can I talk to you?
Bobby Donnell : Sure.
Detective Frank Lopes : Thanks. Hey, Eugene, could you sit in?
Eugene Young : Sure.
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Ellenor Frutt : You want to call me as a witness?
A.D.A. Richard Bay : I know what he told you. You can vilify that his testimony was a total fabrication.
Ellenor Frutt : Are you on drugs?
A.D.A. Richard Bay : As a matter of fact, I am. I've been pounding aspirin for 3 hours.
Judge Roberta Kittleson : Mr. Bay.
A.D.A. Richard Bay : Your Honor, Eddie Chessler just proffered false testimony. She knows it.
Ellenor Frutt : You can't call me to testify against the interests of my client.
A.D.A. Richard Bay : I believe I can in the interest of justice. You can excuse yourself. He can...
Ellenor Frutt : Oh, come on.
Judge Roberta Kittleson : Look, what happened here? I have to admit, this all seems very strange.
Ellenor Frutt : The guy flipped on me, then he flipped on Richard - anything to get into the witness chair.
A.D.A. Richard Bay : You didn't orchestrate this, did you?
Ellenor Frutt : I'm sorry?
A.D.A. Richard Bay : Oh, how ingenious. Get the prosecution to call him. That way, his testimony becomes a total bombshell.
Ellenor Frutt : Hey, I am the one who excused his testimony when I knew he was going to lie.
A.D.A. Richard Bay : Which goes totally against your character. Oh, I should've known something was up the minute you started acting ethically.
Ellenor Frutt : Have another aspirin.
A.D.A. Richard Bay : Your Honor, she has information. She's a witness.
Judge Roberta Kittleson : [Judge Kittleson declines] I'm sorry, Mr. Bay. I'm not going to allow the prosecution to call defense counsel to impeach a state's witness. You got a bad bounce. You'll just have to deal with it.
A.D.A. Richard Bay : What a gyp!
Judge Roberta Kittleson : Excuse me?
A.D.A. Richard Bay : This is a total gyp.
Judge Roberta Kittleson : Oh, that argument you'll definitely want to save for appeal. For now, let's go.
[They march back into the courtroom]
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Ellenor Frutt : They're not dismissing.
Darryl Hutchins : Well, what about doing that motion for discovery.
Ellenor Frutt : Darryl, we've already...
Darryl Hutchins : 'Cause they need to discover that I didn't do this.
Ellenor Frutt : The motion for discovery just asks for state's evidence, which we've already done. What we're talking about now, Darryl, is the trial.
Darryl Hutchins : Oh. Then we need to do that, right? 'Cause as long as I'm in here, well, then my grandmother's all alone. She's too sick to come to court as it is.
Ellenor Frutt : I still think our best hope may be with mental health issues. With a borderline I.Q. and your background of physical abuse...
Darryl Hutchins : I told you before, I don't want to go to a mental hospital. I want to go home.
Ellenor Frutt : I understand what you're saying, I really do, but if we lose at trial, you won't get to go home, either.
Darryl Hutchins : But we can't lose 'cause I didn't kill the kid.
Ellenor Frutt : Well, unfortunately, it doesn't always work that way.
Darryl Hutchins : But I can tell them I didn't do it.
Ellenor Frutt : [Nodded] Yeah. Well, I think the prosecution might ask for more than that.
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A.D.A. Richard Bay : [Hops out of the elevator. Mr. Bay declines] Forget it.
Ellenor Frutt : Richard, he is 17 going on 12.
A.D.A. Richard Bay : You had your evaluations. The kid can stand trial.
Ellenor Frutt : Come on, I know there's a big humanitarian trapped inside that little Nazi body.
A.D.A. Richard Bay : Oh, yes, make "little" jokes. That's very big of you, Ellenor.
Ellenor Frutt : Look, Richard, I know you and I have had our differences.
A.D.A. Richard Bay : Ask Brian Tabbitt's parents what they'd like to work out. You client killed their 8-year-old son for sport.
Ellenor Frutt : Darryl Hutchins has the I.Q...
A.D.A. Richard Bay : I am not making any deals. I'm sorry.
[Mr. Bay leaves]
Ellenor Frutt : Midget.
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Rebecca Washington : So, what are you going to do?
Ellenor Frutt : What can I do? I'll have to put Darryl on the stand.
Lindsay Dole : Darryl?
Ellenor Frutt : Have you got a better idea?
Lindsay Dole : No, but... he has the I.Q. of a 12-year-old. You're going to put him against Richard Bay?
Lucy Hatcher : Even match.
Ellenor Frutt : I have no choice. They've placed him at the scene. His prints are all over the weapon. If he doesn't get up and tell his story, he goes away.
Lucy Hatcher : Well, you can't still put Eddie back on the stand?
Ellenor Frutt : Knowing he's going to lie? No, we can't do that, Lucy. I'm open for suggestions. Anybody?
Jimmy Berluti : Good luck.
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Ellenor Frutt : [Talking to the press] I am not commenting on the facts of the case. I am merely stating my opinion that the Commonwealth is turning into a police state. Darryl Hutchins doesn't have the mental capacity to defend himself, and yet they push forward anyway. Why? Because Richard Bay can smell a conviction going after the mentally challenged, and stockpiling convictions is how assistant district attorneys lay pipeline for their future political careers.
[Wait 'til Assistant D.A. Richard Bay hears from Judge Kittleson]
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Judge Roberta Kittleson : If you think I'll tolerate any of the nonsense that went on in that last trial...
Ellenor Frutt : I'm not entitled to freedom of speech?
A.D.A. Richard Bay : That wasn't about free speech. That was intended for the jury.
Ellenor Frutt : It was not.
A.D.A. Richard Bay : Oh, give me a break, Ellenor.
Judge Roberta Kittleson : Both of you...
A.D.A. Richard Bay : They're not sequestered. She's hoping one or two of them will catch that little sound bite on the news.
Judge Roberta Kittleson : Look, I am this close to ordering that you two never be allowed in the same courtroom again.
[to Mr. Bay]
Judge Roberta Kittleson : Mr. Bay, take something, please.
[And to Miss Frutt]
Judge Roberta Kittleson : Miss Frutt, consider yourself gagged. No more talking to the press.
[Anything else?]
Judge Roberta Kittleson : That's all.
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A.D.A. Richard Bay : You try to agitate me, Ellenor. Why can't you just admit it?
Ellenor Frutt : This is a case we should plead out, but you personalize everything because you need to beat me, so...
A.D.A. Richard Bay : Your client, committed a murder. D.A.s should take that personally.
Ellenor Frutt : Oh, go away.
A.D.A. Richard Bay : Can I ask you something, Ellenor?
[Ellenor turned back to Mr. Bay]
A.D.A. Richard Bay : Your guy picked up a board and clubbed an 8-year old to death. Does that even bother you? Or - Or what if you win and put the 17 going on 12 killer back out there. That thought didn't even give you a twinge?
Ellenor Frutt : First of all, he said he didn't do it.
A.D.A. Richard Bay : Oh, well, I didn't know that. Let's dismiss, then.
[But guess who's here]
Eddie Chessler : Ms. Frutt? My name's Eddie Chessler. I'm kind of a friend of Darryl's.
Ellenor Frutt : And?
[Eddie is looking. Mr. Bay hears from Eddie Chessler]
Ellenor Frutt : What can I do for you?
[They're going to talk about it in private]
Eddie Chessler : Darryl didn't kill that kid.
[Ellenor is pause]
Eddie Chessler : Can we, like, go someplace, talk?
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Eddie Chessler : This kid Kenny -- Kenny Sutton -- he lives in the neighborhood, and he's trouble. I think he killed the boy.
Ellenor Frutt : Why?
Eddie Chessler : I was on my way over to meet him at that old house. We kind of use it as a place to hang since no one lives there anymore. I heard a scream from outside as I was on my way up. Then I seen Darryl come up, he goes in. Then I seen Kenny come out. I think Kenny killed that boy before Darryl went in.
Ellenor Frutt : Why didn't you tell this to the police?
Eddie Chessler : 'Cause I got to love in that neighborhood. You ever spent any time in Charleston? There's a code.
Ellenor Frutt : Well, why come forward now?
Eddie Chessler : Well, I guess because I also got to live with myself.
Ellenor Frutt : [Ellenor was confused] Are you prepared to testify to this?
Eddie Chessler : If I have to.
Ellenor Frutt : Eddie, you wouldn't happened to have a grudge against this Kenny Sutton kid, would you?
Eddie Chessler : Hey, I'm just telling you what happened. All right? Now, do you want my help or not?
[Ellenor will figure it out]
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Ellenor Frutt : I just found put about the witness this morning.
A.D.A. Richard Bay : Oh, right.
Ellenor Frutt : You were there when he walked up to me, Richard.
Judge Roberta Kittleson : What is your offer of proof?
Ellenor Frutt : He was in the area. He may be no good to me at all, who knows, but I'm desperate, okay? My client doesn't have enough of an I.Q. to contribute to his own defense.
A.D.A. Richard Bay : Here we go again.
Ellenor Frutt : He knows that... and I should be allowed to add one lousy witness.
A.D.A. Richard Bay : Your Honor, if I may respond.
Judge Roberta Kittleson : No, you may not. The witness is allowed. Let's go into court and get this over with.
[Ms. Frutt nodded. Mr. Bay will explain before he exits]
A.D.A. Richard Bay : It's not an official objection, but I think you favor her.
[They leave. And Judge Kittleson is writing her wordpad]
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Darryl Hutchins : So we're winning, right? It seems like we're winning.
Ellenor Frutt : I wouldn't say that, Darryl.
Darryl Hutchins : I think we are. You did great, Ellenor.
Ellenor Frutt : Darryl, look, um, I need to talk to you a little bit more about this Kenny fellow.
Darryl Hutchins : He's cool.
Ellenor Frutt : Yes. Are you sure -- absolutely sure that when you went into the house, you didn't see Kenny do anything?
Darryl Hutchins : I'm sure. He was just leaving.
Ellenor Frutt : Okay. Eddie Chessler.
Darryl Hutchins : Yeah, he's my friend.
Ellenor Frutt : Yes, I know that. Eddie seems to think that you might be protecting Kenny because, well, you think he's cool. If you are, Darryl, that wouldn't be smart here.
Darryl Hutchins : You already told me that.
Ellenor Frutt : But I'm not sure you totally understand it. If you saw this Kenny kid do something to that little boy...
Darryl Hutchins : I didn't, I promise. You think I'm stupid, don't you?
Ellenor Frutt : No, Darryl, I don't think that.
Darryl Hutchins : Yes, you do.
Ellenor Frutt : Look, I have to go meet Eddie 'cause he's up next, so I want you to get some rest, and I'll see you tomorrow, okay?
Darryl Hutchins : Yeah.
Ellenor Frutt : Okay.
[Darryl will do that]
Darryl Hutchins : Ellenor?
Ellenor Frutt : Yeah?
Darryl Hutchins : I think we're winning.
[Ellenor nodded]
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Ellenor Frutt : Brian's fears -- were they caused by Darryl ever doing anything to your son?
Mr. Tabbitt : Not that I'm aware of.
Ellenor Frutt : It was mainly Brian got scared because he perceived Darryl as being a little off?
Mr. Tabbitt : Yes.
Ellenor Frutt : Thank you. And, sir?
[Mr. Tabbitt felt terrible]
Ellenor Frutt : I'm very sorry for your loss.
[Mr. Tabbitt loss his son Brian Tabbitt. Ms. Frutt sits back down]
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[Opening the door is Ellenor Frutt]
Ellenor Frutt : Okay, tomorrow morning you're up first. Are you ready?
Eddie Chessler : Ready. I should just stick with the same story I told you, right?
Ellenor Frutt : Which is the truth, right? You heard the boy scream before Darryl went in, and then you saw that Kenny kid come out?
Eddie Chessler : Got it.
Ellenor Frutt : Never mind "got it." Is that what happened or not? Look, I can only put you on the stand if what you testified to is the truth.
Eddie Chessler : So what if I just tell you it's the truth? You don't know otherwise for a fact, and you got no case without me.
Ellenor Frutt : This isn't a game, Eddie. The rest of Darryl's life is on the line here.
Eddie Chessler : Which is why I'm here.
[Ellenor was shock]
Ellenor Frutt : What happened? Tell me.
Eddie Chessler : It all happened, Ms. Frutt. Darryl went in the house, Kenny went in the house, the boy screamed. I just changed the orders of things.
[A.D.A. Richard Bay arrived and heard this]
Eddie Chessler : Just put me up there.
Ellenor Frutt : You are not taking the stand. Go. Just get lost.
Eddie Chessler : What about Darryl?
Ellenor Frutt : You have not helped Darryl, Eddie. Now get out of here. You're not testifying.
[Eddie Chessler is leaving. Mr. Bay heard about from Ms. Frutt talking with Eddie Chessler]
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Ellenor Frutt : But it's possible that Darryl picked up that board after it had been used by another person to murder the victim.
Donald Kent : Your client's prints were the only prints recovered from the board.
Ellenor Frutt : Which would be the case of the actual perpetrator wore gloves or if he wiped his prints off prior to my client handling the board.
[Mr. Kent thinking...]
Donald Kent : True.
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Mr. Tabbitt : He was always afraid of him.
A.D.A. Richard Bay : Your son was afraid...
Mr. Tabbitt : Of him -- the defendant.
A.D.A. Richard Bay : Did he say why?
Mr. Tabbitt : Not really. Brian would just say that he was a little off.
[Darryl slams the table. Judge Kittleson turns to Mr. Hutchins to control himself]
Judge Roberta Kittleson : Mr. Hutchins.
Darryl Hutchins : [Protesting] I'm not off!
Ellenor Frutt : [Whispering] Darryl.
[Continue]
A.D.A. Richard Bay : Mr. Tabbitt, did you regard your son's fears to be serious?
Mr. Tabbitt : Not enough. I just wish I had done something -- Gone to his grandmother, checked him out.
Ellenor Frutt : Objection.
Mr. Tabbitt : How could someone so clearly disturbed be on the street unsupervised? How does that work?
Ellenor Frutt : Objection.
Judge Roberta Kittleson : Sustained.
[Turns to Mr. Bay]
Judge Roberta Kittleson : Mr. Bay.
[Mr. Bay's time is up]
A.D.A. Richard Bay : That's all I have.
[Mr. Tabbitt gasps]