The Guardian (2001) s01e02 Episode Script

SEPT, 17, 2001, 11:53AM Tell us what you said on the street When we picked you up, what did you say? - That I killed my wife.
- Is that what you said? It was very loud.
She was making too much noise.
Dr.
Reed, did you kill her with a knife? I had a knife? Yes, I had a knife! I had a knife! Where was your son? He was.
.
was there, in the kitchen.
Where's the knife, Dr.
Reed? The knife that I used? - where is it? - I took it.
.
I took, I took it outside.
Dropped it.
There's a ten million dollar verdict in this.
No jury is going to award this man a dime for killing his own wife.
That's why I want to represent his son and his wife's estate.
On what grounds? Dr.
Reed is a surgeon who suffered severe tremors in his operating hand.
Dr.
Reed's psychiatrist enrolled him in a clinical trial with an untested, unapproved drug manufactured by the Bendaprine corporation.
He's a highly functioning schizophrenic.
All right, so your saying the drug caused this man to kill his wife.
If he hadn't taken it, he wouldn't have attacked his wife.
And Bendaprine is the largest pharmaceutical company in the US.
Wait, wait, wait.
Who-who wants to retain us? Nobody, yet? but I think I can land the son.
His maternal grandparents are his guardians.
Bring them in.
- That could be a problem.
- Why? They hate me.
So, how much do you need? You're under arrest.
Hey, hey! Police.
Freeze! Get off me, man! You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to speak to an attorney and to have an attorney present during any questioning.
If you cannot afford a lawyer, one will be appointed to you at government expense.
±âŸ¹Ì±¹µå♪ó¸♪°♪·¯¸® ¼à Á¤±ÝÁà / ¹èÆ÷ÀÚÀ¯ I am sentencing you to 1500 hours of community service using your skills as coperate attorney to work as a child advocate.
All right, so the plastic surgeon, right? he stabbed his wife to death right in front of eleven years old son what killing? that's still illegal? no, no, the guy gonna get off.
i mean, he knows O.
J talking about Tea times oh, tea times he may even kid get back can **** prom night is in this house - Dad can i borrow the car? - No, son - but you killed mom, dad - Oh, well, son you do have point that - Andre Greenwood.
- You a cop? I'm a lawyer.
Come with me.
I didn't do nothing.
I know.
You're not in any trouble Andre, I'm here to help.
Have a seat.
How long have you been living with your brother? Since my mom went to jail.
- How long ago was that? - You can look it up.
So the two of you have been living alone, taking care of each other.
Uh-huh.
- You go to school? - What for? What do you do with yourself? Help my brother, watch TV.
Marcus makes the money.
Selling crack.
We ain't 'Party of Five', y'know.
These next couple of days are going to determine the rest of your life so stop staring at your shoes and giving me attitude, and start listening up.
No family is going to want to adopt you No foster family is going to want an 11 year old kid from the projects with a criminal record.
So, you don't play your cards right, you're going to end up bouncing from one terrible group home to the next until you end up in jail.
Is that where my brother is? - Yes.
- Then that's where I want to be.
When your son-in-law attacked your daughter, he was taking an experimental drug called Nendurathol.
Why are you telling us this? We don't think he was culpable for the murder of your daughter.
- You don't think he was? - No, We do think that the experimental drug interacted with the standard anti-psychotic.
That's what made him do it.
If you let us prove this our firm can get a sizeable settlement form the pharmaceutical company for your grandson and your daughter's estate.
How sizeable a settlement? We'd be asking for 10 million.
- How much of that is yours? - Forty percent.
That's standard.
Would you do it for thirty percent? Yeah.
Dr.
Reed, I've been removed as Hunter's guardian ad litum.
Alvin Masterson, the president of Children's Legal Services, has the case now.
You came all this way to tell me that? Hunter's grandparents have agreed to allow my firm to represent your son's and your wife's estate in a civil suit against Bendaprine Pharmaceuticals.
What's a civil suit? It's when a private party sues another party for money.
This will in no way prevent you from pursuing your own suit against Bendaprine.
Why are we suing somebody? We think that company hurt your family, and we think that they should pay for it.
So my son, my wife's estate, but not me.
You don't want to represent me.
No jury would find in your favor, Dr.
Reed.
I have a case.
If we name you in the civil suit, it will only hurt Hunter's chances of receiving damages.
Their lawyers will destroy you, Dr.
Reed.
They will destroy the entire case.
Believe me, it's better this way.
Judging from his past and his affiliations, we feel it's only appropriate to place Andre into a locked group home in a public facility.
Mr.
Mooney, what are your client's wishes? I would like to request an extension so I could further explore the possibilities? I want to stay with my brother.
- Where is he? - He's in jail.
You understand that we are not interested in punishing you, we just want to find you a place to live.
I want to live with my brother.
- Your honor, may I approach? - Yes.
The reason that we're here is that my client's brother was arrested yesterday for selling crack cocaine.
He's the only guardian my client has ever known, and I'd like an extra few days to find out more about extended family before we make any decision.
I'll give you 72 hours Next case Nendurathol allows seriously ill people to lead normal lives.
Is that before or after they stab their loved ones with kitchen knives? Mr.
Fallin, even if Dr.
Thomas Reed murdered his wife, it would be considered a criminal act.
- Now that eliminates? - A criminal act requires intent.
Your drug caused Dr.
Reed to become psychotic.
And by definition, his psychosis made him mentally unable to form intent.
- What are you, a defence lawyer now? - Just letting you know.
If anyone was negligent, it was Dr.
Reed's psychiatrist for mis-prescribing the drug.
So you are saying the drug was responsible.
No.
We are saying that the psychiatric should be liable.
We already named him in our suit.
You can count to ten and watch him turn against your company to save his ass.
Sue Dr.
Reed, Mr.
Fallin, or sue his psychiatrist.
Either way, you won't see a penny from us The FDA is going to have a hard time approving your drug once we've filled a complaint.
Think about that before you decide to take your gloves off.
Good morning, gentlemen.
Oh, Nicholas.
Just got call from a friend of mine in the DA's office.
Dr.
Reed's attorney filed a motion to have his confession thrown out.
The hearing's in 20 minutes.
He wasn't given his Miranda rights.
He was not in custody, so reading him his Miranda rights was not required.
The police found Dr.
Reed on the street where he volunteered that he killed his wife.
Your honor, he was in handcuffs when he confessed.
Only because the police found him agitated and covered in blood.
They didn't know whether he was a danger to himself or others.
- That's not custody? - Your honor, for all the police knew, he just cut himself.
It was a safety precaution, not a custodial interrogation.
He was in handcuffs? Yes.
That sounds custodial to me.
Confession is suppressed.
The only thing keeping Reed behind bars is his son's testimony Meaning? Well, if Murray drops the insanity defense and gets a dismissal without prejudice, there's no murder charge.
No murder charge, no civil suit.
You better hope that boy testifies.
Come on.
The greatest invention of all time.
I don't know.
The wheel.
Oh, that's a good one.
That's nice.
- What do you think it is? - Me? Pharmaceuticals.
Better living through chemistry.
Murray likes to use his Viagra alone.
You know I'm representing Dr.
Reed's son in a lawsuit against Bendaprine? - The body's not even cold, Nick.
- I want to settle before the conviction.
Conviction? There's not even going to be a trial.
When Hunter testifies that he saw his father kill his mother, you're gonna go straight back to the insanity defense.
You mean if he testifies.
Your boss at Children's Legal Services filed a motion that Hunter is incompetent to take the stand.
- What the hell are you doing? - I should ask you the same thing.
I'm representing Hunter Reed in a civil suit against Bendaprine Pharmaceuticals.
I need him on the stand.
Two weeks ago you were fighting for his father's chance for custody.
Two weeks ago I was his guardian.
This is unethical.
You are the one that removed me from this case.
You are abusing your relationship to this clinic.
It's in Hunter's best interest to be compensated for the loss that this company has caused? Hunter claims that a man broke into house the morning of his mother's murder.
It's a lie.
Look, under state law you have to perform an inquiry into a minor's competency.
I feel he's incompetent.
His psychiatrist agrees.
Says he's suffering from post-traumatic stress syndrome.
If he doesn't testify, his father will walk and they'll get nothing.
Maybe Hunter doesn't care about the money.
Maybe he just wants his father back.
We don't know how he got in here.
Last night at lockdown we found him in his brother's cell, sleeping under his cot.
You don't want to be here.
- How do you know what I want? - Because I've been here, Andre.
I'm locking this door right now because I don't trust you.
But I'll be back.
Take me to his brother.
- Your brother loves you.
- I love my brother.
- He doesn't get one thing.
- What? You turn 18 in four months.
Yeah.
And you get out of here free.
He comes in at 12, and he's got 6 long years ahead of him.
Our justice system at work.
He's got one chance.
He never had a chance.
Fair enough.
Why don't I take care of him in here? Then when I get out, I can adopt him.
I'm looking at you? and I'm thinking you can't even take care of yourself.
I'm looking at you, and I'm thinking that in 6 months, you'll be sitting in a maximum security prison.
And I'm thinking your brother'll either come with you, - or die trying.
- Man, what do you want from me, man? - What!? - Help me find someone who will take him.
Anyone.
A friend, a relative.
Someone who the courts might find acceptable.
- Garbage, man.
It's garbage.
- Uh-huh.
Well.
I got an uncle down in Wheeling.
Used to try to help our family out, but my mother used to always take his money and spend it on drugs.
One of her boyfriends beat him up once, and he just stopped coming around.
What's his name? Johnson Greenwood.
I made the soccer team.
You don't sound too happy about it.
The only reason they picked me is because of what happened to my mom.
/ No.
- No, I think you're probably pretty good.
- I suck.
Anyway, tomorrow after school is our first game, if you wanna come? Alvin Masterson tells me that you're saying a man broke into your house, tied up your dad, and attacked your mom.
Why are you saying that, Hunter? - Cause it's the truth.
- Hunter.
Alvin says I don't have to testify if I don't want to.
It's not Alvin's decision.
Whether or not you testify is up to the judge.
Hunter, you still should tell the truth.
My dad didn't kill my mom.
He didn't! Can I help you? - Johnson Greenwood? - Yes I'm James Mooney, from Children's Legal Services in Pittsburgh.
Called about your nephew, Andre.
Come into my office.
My sister had five children, Mr.
Mooney.
Three of them died before they turned 18.
Same thing's going to happen to Andre.
I suppose.
Brother, he needs a home.
Now.
He needed a home 12 years ago.
I understand why you might not want to take him.
You got a good place, your kids are doing well-- I'm not worried about Andre being a bad influence on my children.
I'm worried about what happens to the boy once my sister gets out of prison.
- And you'd rather he live in a boys' detention center? - No No, I wouldn't.
You think it over.
I only have another day to find him a home.
What do we gotta do next? I'll take care of the paperwork, call you first thing tomorrow.
Why are you doing this? He's at that age, you know? It's now or never for him.
You're talking of placing the child out of state.
If the child is adjudicated in Pennsylvania, the only way to place him with a relative out of state is to go through? What's going on? You know that takes four months.
This kid isn't gonna last that long in this system.
That's the deal.
Let me try to end-run the ICPC.
Wait here another minute.
Mr.
Fallin.
You are not supposed to talk with Hunter about what we discussed in confidence.
What Hunter said to you was in confidence.
Don't yell at me because you broke the attorney client privilege.
You have no right interfering with my petition.
I'm not interfering.
Your clinic does shelter and dependency work.
I am representing him in a lawsuit against a corporation.
Any conflict that arises out of that? There will be no more no more conflicts, Mr.
Fallin.
Do you understand me? I can remove you from your position at this clinic at any time.
Why are you here? Dad killed my mom.
Why are you here? Mom's in jail.
Brother's in jail.
I Got nowhere else to be.
My attorney says they'll dismiss my case without prejudice.
- Do you know why? - Because they threw out my confession.
No.
Because Hunter is saying that a stranger broke into your house and murdered your wife.
We both know that didn't happen.
The drugs made you do this.
You're a doctor, you know the score.
The FDA approves a drug like this, who knows how many more times this will happen? If I admit it? they'll never give Hunter back to me.
They might, if you win your insanity defense.
Dr.
Reed, think about what you're doing.
There is no statute of limitations on a murder charge.
Dismissal without prejudice just means that the prosecution is going to sit back and wait until the day Hunter finally decides to tell his story.
Do you want your son living with that kind of pressure for the rest of his life? Tell the truth, Dr.
Reed.
Because it's the right thing to do, or because it means that you'll make a lot of money? I don't want him going to my brother.
You have no say where he goes.
Not until you get out of here.
I know my rights.
I know you can't ship my boy out of state without my permission.
One home study.
One criminal background check.
How long do you think its going to take the state to terminate the parental rights of a mother who left her children unsupervised in her home for three years? Why are you here then, if you don't need me? It will take me four months to get that application approved to move your son out of state.
At which point you lose all contact with Andre.
If you voluntarily agree to terminate your parental rights and sign this paperwork, I can have him out of here tomorrow.
I gotta sign my baby away? At least this way you'll know where your son is.
Children's Legal Services, I want to volunteer.
Do you think my father is going to approve? - He let's you do it.
- He likes it better than my going to jail.
Amanda, he will let you go if you fail to put in the hours and pay your dues.
Believe me, someone else will come in next month and take your job.
You're threatening me.
No I'm offering you advice.
No, you're not.
I thought you Kirk and McGee types had your lunches catered.
- So is that your girlfriend? - Excuse me? Well, I mean, she lingers a little long when she looks at you, and sits with her body completely open to you smiles even when you say rude things to her.
and You noticed all that in just five minutes? - It's my job.
- Wow.
So, I did a little checking up on you, Mr.
Fallin.
- Criminal record.
- Meghan Barstow.
Georgetown Law School.
- Drug conviction.
- Law review.
- Probation.
- Princeton undergrad.
Varsity field hockey.
Kind of convenient, isn't it? Using your community service as a springboard for financial gain? Ms.
Barstow, there must be a reason why you came all the way across town to have lunch.
We are prepared to make you a confidential, one-time-only offer of two hundred thousand.
And if we don't accept? Do you have any idea what the pharmaceutical industry - .
created in revenues last year? - One hundred billion.
One hundred billion.
That's right.
So you do understand how vigorously we can defend a case? - Yes.
- Okay Well, then tell your client that he has 48 hours to decide.
- Two hundred thousand? - It's not enough.
And what if they throw out the criminal case? You could get nothing.
- When do we have to respond? - Friday afternoon.
Take the money.
We have two whole days.
Let's just wait.
Mr.
Mooney, I do not have an official Interstate Compact for Placement of Children approval.
We have guardianship papers, your honor.
Mr.
Greenwood, are you equipped to handle this boy in your home? He's family, your honor.
As long as there is no objection from Social Services.
No objections, your honor.
Well then, good luck son.
Next case.
Hunter Reed lacks the ability to remember his mother's death because he is suffering from post-traumatic stress syndrome.
According to whom? According to his psychiatrist, Dr.
Angela Silver.
Here's her affidavit, your honor.
That's hearsay, your honor.
She's in the gallery if you want to cross-examine her.
I respectfully submit that a better idea would be to put the boy on the stand and make a first-hand determination.
Expert testimony is permissible to determine competency, your honor.
Hunter Reed has been severely traumatized by his mother's death.
Please, let's not compound that unnecessarily.
Has the boy been committed to a mental institution? No.
Is he attending school regularly? - Yes, but? - In fact, he even joined the soccer team.
The defense will be free to call Dr.
Silver as a witness to question the reliability of his testimony at trial.
Right now, however, the boy is the only person we have who can establish the truth of what happened to Mrs.
Reed.
You are asking an eleven-year-old boy to testify against his only surviving parent where the prosecution is seeking the death penalty! - That's irrelevant.
- I agree with Mr.
Connelly.
I want to see the boy at the preliminary hearing.
We'll hear first-hand what he does and does not remember.
- Hunter's not going to tell the truth on the stand.
- I think he will.
I know he's claiming a man broke into his house and attacked his parents.
Wait a minute.
You're working with Murray, aren't you? We both want the same thing.
And if the case fails to be dismissed and Dr.
Reed stands trial? We certainly won't support his insanity defense.
You're going to try and get him off today then turn around - and send him to death row tomorrow.
- Don't look so surprised, Mr.
Fallin.
If Bendaprine was your client, you'd do the same thing.
Want to get a drink? - Did you just ask me out? - No I think you did.
Ms.
Barstow, believe me, I spend all day with people who have sticks planted firmly up their asses.
I don't need to fill my social calendar with another one.
A stick up my ass.
Hmm.
I think you want to go.
- No, I don't.
- I think you do.
I don't.
Just a friendly business drink.
Oh, I don't think friendly is in your vocabulary.
No knife.
No confession.
If I were you, I'd take the offer.
The boy won't lie on the stand.
So you'd put your own father in the electric chair? Why are you working for your father anyway? Because he's a great lawyer.
Yeah, but, I mean, you could be working in New York or Chicago.
So could you.
Well, I got married my senior year in college.
So? So my husband's business is here.
Barstow.
The building company.
That's right.
Why do you even work? You know? we considered getting your firm kicked for conflict of interest, but when I figured out that you'd be handling this, I opted to deal directly with you.
Well, I should be flattered.
I only did it because I think I can beat you.
Okay, if we were prepared to add another hundred thousand, would your clients sign? You're still about ten million light.
I guess I'll see you at the hearing, Ms.
Barstow.
Thanks for the drink.
Mr.
Mooney.
- He's gone.
- What? He asked if we could stop to visit his brother on our way out of town.
When he got out of the car, he took off.
- I just spoke with Ms.
Barstow? - Mr.
Fallin? Hunter didn't come home from school today.
I've driven all over town.
No one knows where he is.
Let's just go into the conference room and make some calls.
If I lie, my dad comes home.
But if I tell the truth, my dad goes to jail, and I get a lot of money.
There's more to it than that.
If you lie, you have to live with that lie for the rest of your life, money or no money.
I thought you were supposed to help me.
You know, the law's a lot easier to understand than life.
You just follow precedents, try to interpret things.
If someone dies wrongfully, you can seek damages.
The amount the person's life is worth, can be measured financially.
It doesn't leave a lot of room for the way people feel.
I am supposed to help.
You tell me what you want, and I will try and get it for you.
I want to live here? with my dad We can settle this case.
That'll take some of the pressure off things.
Is that what you want? Yeah.
Okay.
Okay.
Done.
Do you think that was the wrong choice? Yeah, I do.
Okay.
I'll tell the truth.
Andre? Andre, open the door.
I just want to talk to you.
Your uncle's going to stick around tonight, but if you don't show by morning, he's just going to go home.
This is it.
You will never get this chance again.
I don't want to go with him.
I can't make you.
You going to tell Social Services where I am? I have no choice, Andre.
Tell them to come get me, then.
- Did you accept? - I haven't seen Ms.
Barstow yet.
This is our life you're playing with.
I thought it was Hunter's.
I need to speak with him for a moment.
Ready to do this? Looks like they want to settle.
You know, you are taking a huge risk here.
If your clients told you to accept our offer, you are obligated to do so.
- Hunter's going to tell the truth.
- You better hope so.
Because if he doesn't, you could be disbarred.
Mr.
Connelly, you may remember me.
No.
/ Nicholas Fallin.
You prosecuted me last year.
Oh.
Nick I-should-be-in-jail-right-now Fallin.
Don't be hard on the kid.
Just give him a chance to do the right thing, huh? Can you tell me what you saw when you walked back into the house? A man.
Hunter, I'm sorry, I'm having trouble hearing you.
A man.
What man? He was holding a knife.
Did you recognize him? I couldn't He was My father was lying on the ground? tied up?and? the man that did that to him was wearing a mask.
Hunter? do you understand the difference between telling the truth and a lie? Tell the truth.
May I ask for a brief recess to confer with my client? Hunter, Hunter, - I want you to tell the truth.
- A recess? Your honor, his own father has just asked the witness to tell the truth.
There is no reason to recess.
Tell the truth.
Hunter, you want to go on? Mr.
Fallin.
Take a seat and close your mouth.
Do you need a break, young man? When I went back into the house, I saw my father standing over my mother? and he was holding a knife.
She didn't know.
She never turned around.
and then? and then James.
Good morning.
I just got a call from Social Services.
When they went to pick up Andre Greenwood, he had a gun and six vials of crack cocaine.
You still my lawyer? No.
I don't handle delinquency cases.
They gonna put me in jail now? They'll put you in youth detention.
The system isn't about to be lenient on you, Andre.
Not now that you've burnt it.
I can handle this.
Don't worry about me.
As long as I'm with my brother, I can handle anything.
Andre.
Let's go.
No offense, mister, but I never asked you to help.
We're thinking somewhere in the neighborhood of fifteen million dollars.
Uh, that's never gonna happen.
- We'll see.
- We will dedicate ourselves to establishing motive.
- You know you won't find it.
- Don't be so sure, Mr.
Fallin.
Don't be so sure.
This is where you work? - Yeah.
- You like it? You want to take a look? I've already seen your offices.
Really? Fallin & Associates.
I interviewed here six years ago when I finished night school.
I'm not saying I didn't get a chance.
The guy heard me out.
He just didn't think that I could? hang with the big boys.
Things worked out all right -- the way they should have.
I'm doing fine where I am, believe me.
I'm doing fine.
See you around.