- A.D.A. Helen Gamble: I want to quit.
- A.D.A. Richard Bay: You can't quit. I need you to talk me out to quitting.
- A.D.A. Helen Gamble: Why is it getting so hard to get convictions these days?
- A.D.A. Richard Bay: Because people are becoming more distrustful of the police, and D.A.'s - we don't have the presumption of integrity anymore.
- A.D.A. Helen Gamble: But why? I don't understand.
- A.D.A. Richard Bay: Tell me. Did you send the father in there for the purpose of getting kid's confession?
- A.D.A. Helen Gamble: Yes.
- [Richard sees that]
- A.D.A. Helen Gamble: So?
- [Helen wipe the napkin off her lips]
- A.D.A. Helen Gamble: If he were innocent, there'd be no confession to be had.
- [Richard heard that]
- A.D.A. Richard Bay: Can I have your pickle?
- [Helen toss her pickle in the plate for Richard Bay. Helen gets drink, a glass of wine. Helen sighs]
- A.D.A. Helen Gamble: I need it, Richard. Give it to me.
- A.D.A. Richard Bay: What?
- A.D.A. Helen Gamble: The speech - why we do what we do.
- A.D.A. Richard Bay: Oh, I am not really in the mood after the...
- A.D.A. Helen Gamble: Oh, please, Richard, I need it. Please give it to me, and you don't just phone it in.
- A.D.A. Richard Bay: Helen.
- A.D.A. Helen Gamble: Please. Can't you see how demoralized I am?
- A.D.A. Richard Bay: [Richard give this a shot for the speech and will give it a try] Okay.
- A.D.A. Richard Bay: There are heroes in this world. They're called district attorneys. They don't get to have clients, people who smile at them at the end of the trial, who look them in the eye and say, "thank you." Nobody's there to appreciate the district attorney because we worked for the state, and our gratitude comes only from knowing there's a tide out there - a tide the size of a tsunami coming out of a bottomless cesspool, a tide called crime, which, if left unchecked, will rob every American of his freedom, a tide which strips individuals of the privilege of being able to... to walk down a dark street or to take $20 out of an ATM machine without fear of being mugged. All Congress does is talk, but it's the district attorney who grabs his sword, who digs into the trenches and fights the fight, who dogs justice day after day after day without thanks, without so much as a simple pat on the back, but we do it. We do it. We do it because we are the crusaders, the last frontier of an American justice, knowing that of a man cannot feel safe, he can never, never feel free.
- [Customers, bartender, and waiters hear Richard Bay's speech]
- A.D.A. Helen Gamble: Thank you.
- A.D.A. Richard Bay: What about your other pickle?
- [Helen gives another pickle for Richard Bay and take a good taste. They're going back and continue eating their dinner for the rest of the evening at the restaurant in Boston]
- 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.
- 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.
- 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]
- 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: Listen to me. If she goes down for murder, you could be an accessory before the fact. That's life in prison. You're ready for that?
- [Scott didn't answer]
- Detective Michael McGuire: That fact that this just happened last night could be a big break for you. Maybe you didn't know what happened when she called. Maybe she didn't tell you till later. You come forward now, you won't look like an accessory at all.
- Scott Lopes: I'm not going to talk.
- Detective Michael McGuire: Look, Scott, I could be your friend here or not.
- Scott Lopes: My dad's a police officer. I know my rights, and I want a lawyer.
- Detective Michael McGuire: Who's your dad?
- Scott Lopes: Detective Frank Lopes.
- [Detective McGuire didn't know]
- Scott Lopes: So get me a lawyer.
- 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.
- 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.
- 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.
- Detective Mike McKrew: Was your father beating you? Because if he was, we could be talking self-defense. Is that what happened? Your neighbors heard you and your father arguing last night. Someone saw you running from the house. If you panicked, that's totally understandable. Wendy, look at me. Look at me.
- [Wendy is paying attention]
- Detective Mike McKrew: Let me help you. You tell me it was self-defense, and that's what I write down. Can I write that down?
- Wendy Lowhurst: I wasn't in the house.
- Detective Michael McGuire: You heard?
- A.D.A. Helen Gamble: He's Frank's kid?
- Detective Michael McGuire: Any ideas?
- A.D.A. Helen Gamble: Well, we should probably call Frank. I think we owe him that.
- Detective Michael McGuire: This will kill him.
- Detective Frank Lopes: What's going on?
- A.D.A. Helen Gamble: A man by the name of Brendon Lowhurst was found dead this morning.
- Detective Frank Lopes: What? My son goes out with his daughter.
- A.D.A. Helen Gamble: We know. He was found at the bottom of the stairs with a broken neck. We think maybe his daughter pushed him. Or your son, Frank. He was seen fleeing the house.
- Detective Frank Lopes: My son? What are you nuts?
- A.D.A. Helen Gamble: They're both here and they're not talking. Scott's requested a lawyer.
- Detective Frank Lopes: Where is he?
- A.D.A. Helen Gamble: He's in room 3.
- [Detective Lopes will see his son Scott]
- Detective Frank Lopes: I want to talk to him alone. No windows.
- A.D.A. Helen Gamble: You have my word.
- [Helen Gamble looking at Detective McGuire]
- Bobby Donnell: You let him talk?
- Detective Frank Lopes: He's not a criminal.
- Bobby Donnell: I understand, Frank, but he's facing criminal charges.
- Detective Frank Lopes: Bobby, I know the way police think, okay? You don't talk, you're a suspect, automatic.
- Eugene Young: Well, it seems he is anyway. They going to arraign him?
- Detective Frank Lopes: I don't know on what. Helen Gamble promised me...
- Bobby Donnell: Helen Gamble's the D.A.?
- Detective Frank Lopes: Yeah. She said she might have to withdraw, since, you know, if she's going to help me, I guess she'd have to.
- Bobby Donnell: Frank, she might want to help you, but this is a homicide.
- Eugene Young: It is not going to slip by quietly, and D.A.'s rarely cut favors on murder cases. Trust me on that.
- Lucy Hatcher: [Opening the door] Bobby, Helen Gamble's here.
- [It's about time]
- A.D.A. Helen Gamble: We're charging him with second-degree murder.
- Detective Frank Lopes: What did you say?
- A.D.A. Helen Gamble: Unfortunately, they're all over this upstairs.
- Bobby Donnell: Whoa, whoa, whoa. Slow down, Helen. Second-degree? That's life.
- A.D.A. Helen Gamble: With the possibility of parole.
- Detective Frank Lopes: You heard it. It was an accident, for God's sakes. He's going to go to prison because of what - politics?
- A.D.A. Helen Gamble: It isn't politics, Frank.
- Detective Frank Lopes: Helen, you and I go back pretty good. I mean... You look me in the eye, you said you'd do what could, and now...
- A.D.A. Helen Gamble: And I am. Frank, when you brought us in there for his statement, I thought he was an accessory at best.
- Eugene Young: It was an accident. Guy falls down a flight of stairs, you bring murder charges? How is that anything...
- A.D.A. Helen Gamble: He fired the gun.
- [Eugene didn't notice. Bobby is chagrined]
- Detective Frank Lopes: What?
- A.D.A. Helen Gamble: The gun had been discharged. We did a trace metal on Scott. He fired it. He then dug the bullet out of the wall to avoid us finding it. I'd like to help, but we've got an armed assault in a dwelling. We've got enough to make first-degree, in which case there's no chance of parole.
- [Detective Lopes look weird]
- A.D.A. Helen Gamble: Murder two's a break, believe it or not. I'm sorry.
- [Ms. Gamble is leaving]
- Scott Lopes: I didn't shoot at him, just to the side to scare him.
- Detective Frank Lopes: For God's sakes, why didn't you tell me?
- Scott Lopes: I was afraid of how it would look.
- Detective Frank Lopes: You aimed the gun...
- Scott Lopes: I shot 6 ft. wide of him, dad, at 4 ft. away. There's no way...
- Detective Frank Lopes: But you lied! Okay? You lied to me, you lied to them, and any chance of cooperation - God!
- Bobby Donnell: All right, all right. Yelling's not going to solve anything. We need to think.
- Scott Lopes: I didn't shoot at him, and I didn't push him. It was an accident.
- Detective Frank Lopes: Well, now what?
- Bobby Donnell: He's being arraigned tomorrow. After that, we dig in.
- Detective Frank Lopes: He's going to go trial for murder.
- Scott Lopes: I don't believe this.
- Eugene Young: There may be another way to go.
- Bobby Donnell: What?
- Eugene Young: I don't want to speak too soon. I - I need to do a little research, but we may have an out.
- Bobby Donnell: What are you thinking?
- Eugene Young: Their case is that confession, after he asked for his lawyer.
- Bobby Donnell: He confessed to his father.
- Eugene Young: Who's a cop.
- Bobby Donnell: But he didn't confess to him as a cop. He was talking to his dad.
- Eugene Young: That'll be Helen's argument. Doesn't have to be ours.
- [Eugene Young leaving and walk away. Bobby is walking]
- 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.
- Detective Frank Lopes: He has something he wants to say.
- A.D.A. Helen Gamble: Okay.
- Detective Frank Lopes: We've known each other a long time, Helen.
- A.D.A. Helen Gamble: I'll do what I can, Frank.
- A.D.A. Helen Gamble: She's not gonna talk. Where's the boyfriend?
- Detective Foster: Next room.
- [Helen Gamble went to the next room 202]
- [A.D.A. Helen Gamble went to room 201]
- A.D.A. Helen Gamble: Anything?
- Detective Foster: Nothing.
- [They're checking the interrogation of Detective Mike McKrew, talking with Wendy Lowhurst]
- 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]
- 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.
- 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?
- 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]
- Scott Lopes: She was crying when she called. I asked her what was wrong, but she just said, "he did it again." I figured he must have hit her again.
- A.D.A. Helen Gamble: Her father hit her?
- Scott Lopes: Yes.
- A.D.A. Helen Gamble: And this has happened before?
- Scott Lopes: A few times. I even told my dad about it.
- [Scott turned to his father Detective Lopes. Assistant D.A. Gamble looked at him]
- A.D.A. Helen Gamble: She tell you what the fight was about?
- Scott Lopes: It was always about how she talked back. He was an ass.
- A.D.A. Helen Gamble: Did she push him down the stairs?
- Scott Lopes: No. She wasn't even there when he fell. She was calling me from her cell phone.
- A.D.A. Helen Gamble: You know for a fact she wasn't even there?
- Scott Lopes: Yes.
- A.D.A. Helen Gamble: How do you know?
- [Scott turned to his father Detective Lopes. He nodded. Scott continues his statement]
- Scott Lopes: Because when I went there... I went alone.
- A.D.A. Helen Gamble: You saw Mr. Lowhurst?
- Scott Lopes: I took my dad's gun and went to his house.
- [Miss Gamble looked suspicious]
- A.D.A. Helen Gamble: Okay, and what happened then?
- Scott Lopes: I went upstairs looking for him.
- A.D.A. Helen Gamble: How'd you get in?
- Scott Lopes: I walked in. The door wasn't locked.
- A.D.A. Helen Gamble: Then what happened?
- Scott Lopes: He wasn't in his bedroom, so I went back into the hallway just as he's coming out of the bathroom.
- A.D.A. Helen Gamble: What'd you do?
- Scott Lopes: I pointed the gun at him and told him if he ever laid a hand on Wendy again, I'd kill him. I just wanted to scare him, but he backed up and fell down the stairs.
- [Detective Lopes believes it]
- Scott Lopes: At first I thought he was knocked out, but then I could tell he was dead. I got scared and ran out. I swear, Ms. Gamble, I never, ever wanted to hurt him. I just wanted to scare him.
- [Scott sobbing in horror. Detective Lopes comforts his son Scott. Ms. Gamble understand]
- 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]
- Lambert: The victim died of blunt-force trauma to the head.
- A.D.A. Richard Bay: Were you able to determine the cause of the trauma?
- Lambert: Yes. Wood fragments were recovered from the boy's skull, indicating he had been beaten with a wooden object.
- A.D.A. Richard Bay: Did you subsequently the source of those fragments?
- Lambert: They came from a plank removed from the flooring of the house and later recovered by the officers in the alley behind the crime scene.
- [Assistant D.A. Richard Bay shows the wood of objects]
- A.D.A. Richard Bay: This would be the piece of wood?
- Lambert: Yes, and further analysis found it to be covered with blood matching the victim's.
- A.D.A. Richard Bay: And you tested for prints?
- Donald Kent: Yes, I performed a fingerprint analysis of the latent prints lifted off that same piece of wood.
- A.D.A. Richard Bay: And what did your analysis reveal?
- Donald Kent: Comparison revealed those prints to match the fingerprints of the defendant.
- 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]
- 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]
- [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]
- 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.
- 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]