Ally, Billy, Bobby, and Eugene are discussing what course to take. Bobby says that it does not make sense challenging the prosecution's case because there is nothing the prosecution is putting in that the defense does not already admit. Billy then suggests they say that someone else did it. Eugene tells him that that will not work because she had blood on her hands and his blood was everywhere. Billy then suggests using the straight blackout defense. Eugene says that it will not work because if Marie takes the stand and remembers swinging an ax, itís not total blackout. There is only one choice, and that is to go with the Lizzie Borden defense. Ally says that the Mock Jurors will not buy the Lizzie Borden defense. Bobby tells her that they do not have to buy it; they need them to say "what if?" Bobby asks how Dr. Peters is doing, Ally tells him that Dr. Peters is reluctant to testify but that he will.
Ally begins reciting "Lizzie Borden took and ax, gave her mother 40 whacks. Born again in Ď61, kills her husband just for fun." Bobby gives Ally a quizzical look, raising his eyebrows.
The next scene has Marie telling the defense that if they do not use the Lizzie Borden defense, then they have no case. Bobby explains that they will leave it out of their opening arguments, because Dr. Peters would lose all credibility. Bobby explains that in the opening they will build up the doctor's credibility. Then in direct, the doctor can bring up the Past Life diagnosis.
In the courtroom the District Attorney has a police officer on the stand under direct examination. He explains that he found the defendant wandering the street disoriented and even dazed. She told him that she was looking for her cat. He said that she was covered in blood. Flashbacks show them in the street, finding the front door to her home open and blood all over the place. She asked if something had happened to her cat? They discover the body and he could not tell if it was a man or a woman. The defendant was still dazed, almost vacant. Upon seeing the body she began screaming, tearing at her clothes. The officer restrained her and she started crying and said that she had killed him.
Billy then begins his cross of the police officer. He asked if she seemed dazed when he found her? He managed to get the officer to say that he believed she really believed she had a cat. Eugene congratulates Billy for setting them up perfectly for the doctorís direct examination.
Ally and Bobby explain to Dr. Peters that he needs to make the jury believe that he believed that the whole past life theory was just as crazy to him when he first heard it, as it is to them now. When the jury hears about they need to know that you thought it was just as absurd. Ally explains that they do not want him to come off as some Past Life Zealot. Dr. Peters is just afraid that the District Attorney is going to make him come off like a fool! Bobby assures him that they have plenty of experts to back him up on the Past Life theory; but Dr. Peters says that HE is the one who will be saying "Lizzie Borden." He is afraid of being called a quack on every newscast. Dr. Peters asks what are the chances of this working and Bobby tells him that HE is Marieís only hope. Without him, she will be going away for life. He is her ONLY defense.
Bobby has Dr. Peters on the witness stand. He asks him at what point did he begin treating her with hypnotherapy? He explains that it was about a year into her treatment. She was still suffering from anxiety and blackouts. The doctor explains that blackouts do not mean loss of consciousness. Itís more like sleepwalking. She would find herself at the store not remembering how she got there. He could not make any real progress, so he decided to begin the hypnotherapy. She told him about her home and her surroundings. Everything she was describing was out of the 1800ís. When he asked her what her name was she said "Lizzie Borden." He knew how crazy that sounded, but when he looked up what she had been describing at the library, it was all true. He even had her sign her name for him. He had a handwriting expert compare it and it was a match.
Under cross examination, the district attorney asked why the defendant came to see him in the first place? He said it was due to anxiety and sleep deprivation. When asked if her marriage was troubled, the doctor confirms that there were some troubles. The district attorney then points to a person in the back of the court and asks if she used to work for the doctor? He said that she did. Then the district attorney asks the doctor if he was having an affair with the defendant? He says that he is. When asked if he is in love with the defendant, the doctor says, "I could be."
Court is recessed and as the defense team goes into the conference room, Bobby is fuming. He wants to know why he did not tell them? The doctor did not think anyone knew. He, after all, did not want to testify until they told him he was her only chance. Bobby asks if he conspired with the defendant to murder her spouse? He said no. Everything he said on the witness stand was true.
Back in the conference room again, Bobby and Eugene discuss the possibility that the doctor hypnotized Marie and made her commit the murder. Ally says that she checked into that and found out that you can not make someone do something that they find repulsive; in addition they would have a memory of it. Bobby says that she DOES remember swinging the hatchet. Eugene once again, brings up the possibility of them conspiring to commit murder. Bobby says that Marie passed the lie detector conclusively. They all agree that the Lizzie Borden defense is their only hope. Ally says that she has heard how great the two of them are, and pretty much tells them to prove it.
We see several experts appear on the witness stand to concur with the past life theory.
Billy and Eugene gather the mock jurors to hear their take on the testimony. They all believe that the past life theory is a bunch of crap! They believe that the doctor is only saying what he is because he is in love with Marie.
Bobby offers to plead Murder 2 to Marie. Ally tells her that the mock jurors do not believe her story. Marie asks Ally if she believes it? Ally is not sure. Marie wants to testify, she thinks that if the jurors believe she blacked out, they will have to find her insane.
While walking through the courthouse hallway, Ally tells Bobby that she thinks Marie is using Dr. Peters. She wants him to prove how far he will go to prove he loves her. She wants to see if he will go to the wall for her. Bobby looks as if he has something up his sleeve.
Marie takes the witness stand. She says she remembers looking for her cat. When asked if she has a cat, she says no. All she remembers is going to bed. She had been to the doctor earlier in the day. The hypnotherapy does not seem to help, so the doctor gave her a medication. Neither seem to work she is still shaking and trembling. She calls her husband to tell him she is going to bed. The next thing she remembers is looking for her cat. When asked if she had an affair with the doctor, she says that has nothing to do with her problems. She fell in love with Dr. Peters because he seemed to understand her and sympathize with her. When asked if she killed her husband, she says no.
Back in the conference room Ally says that the mock jury found Marie sympathetic, but that they still did not believe the past life theory. Eugene says it is time for the "audible." Time to put the doctor back up on the witness stand. The doctor does not want to testify again and embarrass himself in front of his 2 children. He finally agrees to testify.
Back to Bobbyís office, Bobby asks Eugene if he is ready to re-examine Dr. Peters? He says that he is ready. Ally and Billy arrive at Bobbyís office. Eugene is perturbed because they are late. Billy does not think they are late. Helen is staring at Allyís skirt and tells her that she has been looking for a skirt that short. She cannot seem to find one anywhere. Ally says that they are not really IN yet, but they WILL be because SHE is wearing one! Ally leaves and Helen looks at Lindsay and says, "We don't like her!"
Dr. Peters is back on the stand. Eugene says that Dr. Peters admitted that Marie could possibly be faking. He says yes, but he does not believe that she is. Eugene says she could have looked up all the Lizzie Borden stuff at the library. Dr. P said if a patient were faking he would see it. Eugene suggests that maybe under hypnosis he suggested all the Lizzie Borden stuff to her. Dr. P says he did not do that, and that you cannot use hypnosis to get someone to commit murder. Eugene then asks Dr. P what he was doing the night of the murder? Ally and Billy both looked shocked. Eugene then suggests that Dr. P gave Marie a full milligram of Xanax, that was enough to knock her out for 2-3 hours. That would be time enough for him to go to her house and kill her husband. The district attorney keeps objecting! He says that she would have awakened with all that Lizzie Borden stuff swirling in her mind, and that she might think she might have done it. Dr. Peters tells Eugene that he watches too much television. Eugene goes on to say that from what Dr. P has already testified to, Marie could not have done something under hypnosis or during a blackout that she could not consciously do. It is not in Marieís character to do this. Eugene says that the only one with a motive for murder was Dr. P. He again asks Dr. P where he was, he says he was at home. Eugene asks if there is anyone who can corroborate this, he says no. Eugene goes on to say that Dr. Petersí practice is going down the tubes, he needs money. Dr. P keeps telling him it isnít true. He points to Dr. P and says, "There is your killer!"
Walking through the halls, the district attorney tells Eugene that what he did was a cheap stunt. Billy says he is going to check with the mock jurors. Ally asks Bobby if she can speak with him. She asks him if he thinks Dr. P did it? Bobby tells her no. She cannot believe that Eugene would attack him like that. She tells Bobby that Dr. P has 2 small children. Bobby tells her that they needed to take the suspicion away from their client. If one juror goes with reasonable doubt, then Marie will be acquitted. Ally tells Bobby that she finds him disgusting. Bobby informs her that it was their firm that came looking for him to do the dirty work, they didnít want to get their hands dirty. He tells her that if they get an acquittal, she will probably put it on her resume. Ally tells him that he makes it all sound SO good, if she closes her eyes, he seems almost a hero. Too bad her eyes are open. He tells her to try to see the real world. She tells him that he basically brought a lie into evidence. Thatís not lawyering in the real world. That is what lawyers like Bobby claim to rationalize what they are. He asks if she knows who he is? She asks him if he does?
During Bobbyís closing arguments, Dr. Peters stands up and puts a gun to his head and kills himself. The courtroom is in shock. Both Bobby and Eugene look terribly guilty. As Ally and Billy wait in the hall, Eugene comes out to tell them that the judge declared a mistrial. He asks if they are both okay? They say that they are. When asked if he is okay, Eugene says no. Ally asks Billy if criminal law is everything he thought it would be? Ally walks away but Billy follows her. She tells him that she wonít apologize for not being up for this. It isnít her world and she doesnít want it to be.She wonít feel less for it.They embrace.
Ally finds Bobby sitting in a deserted courtroom. She tells him that Dr. Peters did it. They found Marieís husbandís blood in Dr. Pís car, and that he left a note. She tells Bobby that his theory turned out to be true. She apologizes for some of the things she said. He tells her she didnít say anything he hasnít heard before and wonít hear again. She asks him if he is all right? He turns away with a tear in his eye.
Very special thanks to jmr for this summary.
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