The scene opens with a witness in court, narrating the action on a store security tape. The witness is a manager at the store in question. Because the main storyline here is all about race, I'll be specifying the race of various characters as we go along. The tape shows the witness (who is white) trying to inspect the gym bag of a young black man shopping in the store. The shopper declines and they hassle a bit, at which point another young black man comes over. The witness points out the defendant, sitting between Bobby and Eugene. As we continue watching the tape, the witness explains that he asked the interloper to step back, saying the situation was none of his business. As the manager's telling the guy to step off, we see the first guy haul off and give the manager a good shove, knocking him onto the floor. Suddenly all hell breaks loose; three other young black guys start pounding the manager. The prosecuting attorney (black) asks the witness where the defendant is now; he seems to have vanished from the tape. The witness doesn't know. The prosecutor then tells the court that the tape has been edited, and what we're seeing is what happened about seven minutes later. The store's being looted; everybody's coming in off the street and helping themselves to whatever they want from the shelves. The prosecutor asks again what the defendant was doing at this point; the witness says the defendant was "over [him]" at one point, and just then, we see the defendant grabbing the manager by the arm. It kind of looks to me as though he was attempting to help him up off the floor, but it could easily be that he was just grabbing him to give him a punch, too, I guess. Before he can do either, a uniformed guard grabs him from behind and wrestles him off the witness. The defendant manages to shove the guard away and into a table. The guard comes at him again, and they struggle some more. The witness says, "The guy just went crazy!" The prosecutor gets him to identify the defendant again, although neither time does she give us that "let the record show that the witness has identified the defendant" jazz. Back to the tape: the defendant manages to face the guard, he punches him twice in the face, and then basically, by grabbing the guard by the lapels with one hand, throws the guard through the plate glass window at the front of the store. All of this is shown with about three or four ideally advantageous camera angles. I guess Sven Nykvist set up the security cameras in this store. Also, as with many security tapes, there's been no other sound, and yet when the window smashes, we hear it. The defenestration of the guard also occurs in slow motion. I'm not sure if we're in court or in a class in manipulating evidence. I can ponder that during the credits. See, in a good show, like The West Wing, I can forgive little continuity futzes. In this sort of claptrap, though, they just get up my nose all the more.
We're watching a news report showing footage of rioting and looting. The news reporter is saying that there's a lot of controversy about the relocation of the trial of Aaron Wilton (the defendant) to outside of Boston. She also wonders whether he can receive a fair trial in suburban Wellesley. He's in Bobby's office; he shuts off the television. Eugene's also there, as well as Aaron's wife. "'The African-American accused of aggravated assault.' That's...that's what they're calling me, instead of 'The guy who was trying to stick up for an innocent guy accused of shoplifting' -- I'm the African-American who caused the riots, and I don't get to tell my side?" Bobby points out that if Aaron testifies, his old conviction can be brought into it. Is there anyone on this planet who doesn't know this? It only comes up on every other law-and-order show ever televised. His wife protests that that conviction was "a hundred years ago," and that he was eighteen at the time. Dude looks pretty good for 118. Eugene says the jury doesn't need to hear about it. Aaron complains that the jury is all-white. Eugene tells him that's what they get in Wellesley and that they didn't have a choice. Bobby says it just gives them greater grounds for appeal. That Bobby, always thinking ahead. Aaron complains that he has a business degree from UMass, and that he's the vice-president of a Fortune 500 company, and that all he did was go shopping for some cross-trainers and suddenly he's big news? Bobby explains that he's big news because he threw a guy through a window. Aaron looks dismayed.
In the outer area of the office, Lindsay, who looks about fourteen, and Ellenor are looking at a scrapbook with a couple. Ellenor says, "It really was the perfect wedding." The female half of this couple, whom I pretty much hate on sight, says, "Well, it's not polite for me to say, but people did tell us it was the most elegant affair they'd ever been to!" Ugh. The male half of the couple asks Ellenor nicely if she had a good time, and says they didn't really get a chance to see her. Ellenor says there were a lot of people there, and that she was sitting at the cousins' table. The woman jabs a picture in the book a few times, rambling about how the dress she's pointing to was completely handmade. Ellenor's had enough of her cousin Myra's perfect wedding and asks her why she's there. Myra's aggrieved about her honeymoon. She wants to sue the "idiot travel agent, Gracie Kramer." Myra calls Gracie "a giant fart." Lindsay repeats this gently. Myra's list of complaints includes being put in business class, getting a subcompact car instead of a sedan, and being put up in a hotel that was supposed to be adults-only but wasn't. Myra's voice is whining and nasal and she has that bossy, pushy manner of gesturing by pointing her finger around wildly. I'm liking her less with each passing second. Ellenor explains that it can be very hard to sue travel agencies. Myra's all, "What about my emotional stress and physical hardship?" Her husband explains that on the first day, she tripped on an inflatable seahorse and pulled a hamstring. Myra asks if she can be open with Ellenor, and tells her that they never even got to consummate their marriage. Lindsay half-rolls her eyes, and the husband smiles sheepishly. Ellenor asks if she's prepared to air that aspect in court. Myra snorts, "My happiness is at stake here and if I have to drag whatever into court, I don't care, because I want her to pay!" Lindsay says, "The giant..." And Myra points at her and says, "Fart." I'm trying really hard to remember why I used to think this was a good show.
Back in court, Eugene's questioning the security guard. The guard admits that the man he suspected of shoplifting had not, in fact, shoplifted anything. He allows that on this occasion, he was mistaken. Eugene asks how long he's worked at Saveworld Drugs. He says five and half years. Eugene asks him to estimate the percentage of the customer base that was African-American; the manager guesses fifty percent. Eugene pulls out some Saveworld survey results and tells him that it's fifty-six percent. Eugene asks if anyone else in the store is authorized to stop suspected shoplifters. He says no. Eugene asks how often he stops people for shoplifting; the manager thinks it's about once or twice a day. Eugene gets him to agree that, based on Saveworld's hours of operation, that means he stops about sixty customers a month. He then asks how many of the customers he's stopped in the last month were white. The manager says he knows what Eugene is trying to do; Eugene tells him to just answer the question. The manager claims not to recall. Eugene: "You don't recall stopping any white customers, or you don't recall stopping any white customers in the last month, or you just don't recall anything?" The manager says he doesn't recall stopping any white customers. Eugene: "So even though forty-four percent of your customers are white, zero percent were stopped for shoplifting? That would mean a hundred percent of suspected shoplifters were African-American!" The manager just stares at Eugene. The white jury looks pretty unmoved.
Bobby's at dinner with Helen. He says he's not so sure it was a good idea to make the trial all about race, what with that white Wellesley jury and all. Helen thinks it's a perfect case for this strategy. She thinks that these people, coming from a "rich, affluent white town," are desperate to reach out to minorities so long as they don't actually have to meet one. Bobby accuses her of being a cynic. She tells him to trust her, that white suburbanites feel guilty about their swimming pools. Helen says, "Showing compassion to an African-American is a way of atonement. I slept with a guy from Wellesley once. We came this close to even having dinner." Um, huh? Bobby looks mildly annoyed and she says it was a joke. If so, it's lost on me. It might have made sense if Helen was black. Bobby asks earnestly, "Why do you do that? Try to shock me?" Again I say, huh? Helen says, "The truth?" Bobby replies, "No. Lie to me." She tells him she thinks he's a little buttoned-down. He says he's not. They quibble about this for a bit. She rephrases and calls him "sexually conservative, then." The hell? Where's all this coming from, and what's it got to do with anything? He tells her she knows nothing about what he's like sexually. She agrees, saying they've been on three dates and she doesn't have a clue, and says either he's not attracted to her, or...Bobby interjects, "What am I supposed to do? Attack you? Is that what you want?" Helen looks very serious. He says, "Well?" Helen: "I'm thinking." Bobby smirks and laughs. I rub my forehead and manage to keep my fingers from curling into a claw and gouging out my own eyes.
Aaron and his wife show up at the law office, only to be informed by Eugene that the security guard that Aaron defenestrated has died. Aaron takes the news about the way you'd expect. His wife starts to cry. Eugene tells Aaron he's going to have to surrender him to the police, because they're revoking bail and raising the charge to manslaughter. Aaron's wife starts freaking. Aaron asks how they can do that. Eugene explains they can do that because the guy's dead now, and that they knew this could happen. Aaron says he didn't mean for the man to die. Eugene insists that nothing's changed as far as their case goes; he was assaulted first and defended himself in a fight. Aaron can't believe Eugene's saying that nothing's changed: "A man is now dead, Eugene. A white man killed by a black man. Nothing's changed?" He sits down, and his wife rushes over to him.
After some commercials, we're back to Myra and her petty problems. Myra breezes in ahead of Ellenor. Ellenor tells her to go in, sit down, and she'll be right with her. She hangs back a bit, and Lindsay comes up behind Ellenor. Ellenor says, as she watches Myra flounce off, "Incredible wardrobe, straight As, perfect figure...every time I saw her, she had another drop-dead gorgeous boyfriend." Lindsay says, "I hated girls like that." Ellenor says that when she was twelve, Myra took her and all her other cousins behind the garage to teach them how to pop their zits, but really, Myra just wanted to count Ellenor's. Um, ew. Lindsay asks if Ellenor doesn't want to go in there and just muss up her hair. Yeah, that should make up for years of getting the short end of the stick. Ellenor sighs and says she shouldn't be so catty. We see Myra primping and powdering her nose. Ellenor insists Myra's fine, that she likes her, she's you know, she's not, she's just uh, she's fine. Lindsay says, "Nice try." Scenes like this do nothing to undermine my suspicions about the superficiality of DEK's grasp of women. Just then, Eugene comes back in with Bobby, Jimmy, Aaron, and Aaron's nameless wife in tow. Eugene tells Aaron, "No talking to the press." Lindsay goes up to Bobby and asks how it's going with Helen. Bobby looks suspiciously at Lindsay and asks, "Why? What'd she say?" Lindsay says Helen said nothing. She then asks about how the case is going, and he says, "Don't ask."
Ellenor takes some coffee into her meeting with Myra. Myra's laying out receipts supporting her various claims, or maybe just every cent she spent on the honeymoon. She says the total is $6,020.12, and that doesn't include what they expect for hardship and emotional trauma. She wordlessly pushes away the cup of coffee Ellenor offers her. Ellenor just barely manages to keep from rolling her eyes. She states that these cases are hard to put a price on, and suggests that they try to go for reimbursement on the hotel. Myra then says, "Ellenor, I love you, and forgive me for saying this, but you need to understand, this thing, sex, can be very important in a couple's relationship, and without it there can be strain in the marital bed. My marital bed." Please, Ellenor, just kill her now. Or at least throw that hot coffee right in her face. Ellenor wonders whether there wasn't any premarital sex. Myra says of course there was, all the time, but that's not the point. Ellenor suggests they take a look at other forfeited aspects of the honeymoon. Myra wonders what Ellenor's on about. Ellenor explains that perhaps she was prevented from doing tourist-y things because of the pulled hamstring. Myra says dismissively, "I don't know." Ellenor suggests snorkeling and sailing. Myra can get on board with that. You can just tell, though, that she's one of those women who would never undertake an activity that might involve getting her hair wet, and would pout all day if it did happen.
Ellenor asks if she and Warren (or possibly Orrin, hard to tell which name they're saying) play any sports. Myra has no idea; she thinks Warren has a tennis racquet. Ellenor asks about bicycling. Myra: "Irritates, I get a yeast flare-up. Is this really necessary?" Ellenor explains she's just trying to establish her expectations for the honeymoon. Myra starts packing up her things as Ellenor suggests that it would be helpful if she could write up a list of things that they wanted to do. Myra says she's only been with the guy four and a half months, it's not like she knows him inside out. Much as I think this chick would undoubtedly marry someone she barely knew, I can't imagine she'd be the type to spend any less than eighteen months planning a wedding, which leaves me to presume she's one of those women who plans the wedding and buys the dress and all that long before she's even engaged, and then just slots the guy in like a Ken doll. All of which makes me like her even less, as if that were humanly possible. She gets up and kind of kisses Ellenor on the forehead, if by "kiss" you mean "smushes the area between the lower lip and chin against another person's forehead, while making a mumbly-nuzzly noise and saying something along the lines of 'moosh.'" It's an odd and obnoxious gesture, so it fits Myra perfectly. She buzzes out, leaving Ellenor looking slightly irked.
In court, Bobby, Eugene, and the prosecuting attorney are having a sidebar with the judge. Bobby's complaining that they can't just switch from assault to homicide in the middle of a trial. Prosecutor says they were on notice about this from the beginning. Eugene says it should be a mistrial. The prosecutor argues that it's the same facts and the same case. Blah di blah, the judge finally says that the trial's going to continue. Bobby claims it's "unprecedented" to add a charge in mid-trial. Somehow I doubt that. The judge says it may be irregular but it's not unprecedented, and he can take it up on appeal. The prosecutor looks smug.
We cut to the prosecutor questioning a black cop, asking him to describe the scene when he arrived at the store. He says lots of people were running out of the store with merchandise while others were running in, and that's when he saw the body come through the window. The prosecutor asks if that would be the body of the deceased, Mr. Roman Rosemont (or something like that; the closed captioning for this episode sucks). He confirms this. She asks whether he saw who actually hurled the body through the window. Eugene objects, claiming counsel has not established that the victim was actually hurled through the window, or otherwise acted upon. Um, how about that video footage where we see Aaron hurl the guy through the window? The judge overrules this. The prosecutor, whose name I wish I knew, asks the officer what he saw; he says he saw Aaron standing on the other side of the window. She asks if Aaron said anything to him; Aaron whispers to Bobby, who objects on the basis that she's leading the witness. She offers to rephrase, and asks the officer what Aaron did when he saw him standing there in the window. Bobby objects to the form of this question, too. She asks, "What happened when Mr. Wilton saw you?" The officer replies, "He said, 'Whose side are you on, brother? You should be helping us to burn this place down.'" Everyone at the defense table looks sheepish. She asks what the officer thinks he meant by that; Bobby objects. The judge overrules. The officer believes Aaron wanted him to join him and the others in destroying the store. Seems like an unlikely thing of which to try to convince a cop. The jury looks concerned and uncomfortable, as do Bobby, Eugene, and Aaron. The prosecutor thanks the officer and sits down. The Piano Music Of Damning Evidence plinks.
Back at the office, Bobby paces and announces, "We're in trouble." Eugene, going over some files, says they took a hit but they can recover. Bobby thinks they need to buy some time. For what, exactly? Eugene says they can start with the customers in the store, and then he says a few things that sound almost as if they're being spoken underwater. This tape must be shot. I totally can't understand him, and the closed captioning, as I mentioned, is no help whatsoever. It sounds like the name "Andrew Jackson" is in there somewhere. I believe he's saying something about getting customers to claim that the manager provoked Aaron. Bobby insists that the jury just heard "intent to commit," and any liberal sympathy they had is gone: "He's the 'angry black killer' now. Let's not kid ourselves." Jimmy, always thinking, suggests that they go with that as a defense strategy. He cites the Reginald Denny beating in Los Angeles, and says they got those guys off using what was called a "social deviance defense." Lindsay looks mildly horrified and gets up and walks over. Jimmy explains, "As angry black men, they had this right to explode." Well. Could this possibly be more offensive? I'm thinking it's probably good that ragdoll's not recapping this one, because I think she might explode. Eugene looks pretty irked. Bobby and Lindsay look intrigued. Jimmy says defensively that it's not his theory. Bobby, never one to miss an opportunity to employ a low-down, controversial, and offensive defense strategy, orders Jimmy to look it up. Eugene looks exasperated. Bobby blathers something about a Dr. Alvin Traub who was the expert on the Hilburn case. Lindsay protests that they don't have a Reginald Denny situation here, but rather an upper middle-class, college-educated defendant. Eugene adds that they've spent the last two weeks building a case to support the image of Aaron as an upstanding citizen, and wonders if they're going to "chuck all that and make him the poster boy for Negro inferiority." Well, in a word, yes. Bobby says it's an option, maybe the only one they have left. Eugene argues, "He won't do it, he's too proud." Bobby says fifteen years to life is a high price to pay for pride. Eugene looks at Bobby with disgust in his eyes but turns away, saying nothing. Bobby tells Jimmy to look into whether they can still argue diminished capacity, reasoning that they should be able to since the prosecution added homicide. Bobby then says to Eugene that he thinks they at least have to "take it to them," by which I assume he means take the idea of this defense to the Wiltons. Eugene looks pissed. Here's an idea: why don't you kick Bobby's obnoxious white ass into month, and then try out this "angry black man" defense?
In jail, Aaron holds his wife's hand and tells Eugene, "Please, tell me you're not serious." Eugene says he's not necessarily recommending it. Interesting how he's the one assigned to give Aaron the news about this brainstorm of Bobby's. Aaron wonders how humiliating him in front of his friends and family and pretty much the entire world is supposed to help him. Eugene suggests it might help keep him out of jail. His wife asks Eugene to explain the deviancy argument to her again. Eugene says they would argue that he has a pathological tendency toward violence. She says, with some outrage, "Like a 'wild monkey' defense?" Well, yeah, that's pretty much what it boils down to. Eugene says again that he's not recommending it. Aaron wants to know why he's even presenting it. Eugene reminds him that he's facing a potential homicide conviction, and even if they manage to get it chopped down to involuntary manslaughter, he could receive a five-year sentence. Mrs. Wilton says she still doesn't understand the "group contagion" part. Eugene explains that, instead of arguing that Aaron was defending others, when the fighting got started, he went on automatic pilot, and he lacked the power to stay out of it. Because, of course, black men are naturally violent. I successfully restrain the impulse to gouge my eyes out. Again. Aaron asks if Eugene really expects him to testify to that. Yup, more or less. Mrs. Wilton is concerned that if he testifies, the jury will learn about his conviction. But that's okay, because now that supports their defense. Aaron's not impressed with that. Eugene reiterates that the strategy has changed. Aaron renders his decision: "No." Mrs. Wilton seems to think they should consider it. He says, "Baby, no! How am I supposed to walk back into work after I say I'm some kind of pathological...?" She replies, "You don't get to walk back into work if you're in prison. What about our son? Our home? Our life together? What about all that?" He can't believe she wants him to pretend to be a social deviant. She doesn't know what else to do. Get some new lawyers, maybe?
Whoosh. Somebody's telling Bobby, Eugene, and the Wiltons it's not a strong case, but it's "makeable." I'm guessing this is Dr. Alvin Traub. Well, I'm not really guessing, since I know from later episodes that it is. He suggests that the times when Aaron has been pulled over and falsely accused will bolster the case. Eugene points out that every black man in America has that history. Traub reiterates that it's not a strong case, but all they need is reasonable doubt. Traub's free to testify tomorrow; all he needs is the chance to interview Aaron, and ten grand in advance. Traub sits down in front of Aaron and suggests that it would be helpful if Aaron could think of any other horrible things he's done. Aaron looks at Eugene, who looks like he wishes he could crawl into the floor. Thank god it's time for some commercials. This storyline is starting to make me long for Myra.
Aaron is going over his defense with Bobby and Eugene in one of the meeting rooms at the courthouse. Eugene says that Bobby will question Dr. Traub, indicating that it will be "better coming from him." Wouldn't it be better coming from Eugene, instead of having two white guys talking about uncontrollable black male violence? Whatever. Bobby will also take Eugene's testimony, and Eugene will do the closing. Aaron asks, "You don't feel a little funny about this?" Eugene: "Funny? It makes me sick. But let's get the acquittal first." Yeah, you can puke your guts out later. Bobby pipes up all yeah, let's get the acquittal, do what we have to, we're not going to lose.
Back at the office, Myra's travel agent (you remember -- Gracie Kramer, the giant fart?) shows up with her lawyer. Ellenor greets them pleasantly. The giant fart's lawyer tells Ellenor he's advised his client not to say anything. She immediately launches in with, "Listen, young lady, I've been in this business for thirty years and I've never carried liability insurance. Whoever heard of suing your travel agent?" The agent kind of makes me think of a cross between Florence Henderson and Joan Rivers, and if that doesn't make you shudder, it should. Ellenor says that Myra feels her damages are very real. Gracie would like to know what these alleged damages are. Ellenor: "Inconvenience, fraudulent representations, and, um...impediment to sexual satisfaction." Gracie looks at her lawyer with some incredulity. Ellenor suggests there may be some room for a settlement. Gracie says, "Not the skinniest of a chance." Ellenor says Gracie can't deny that there were foul-ups on the honeymoon. Gracie: "Can I tell you something? When I went on my honeymoon, my husband Herschel, may he rest in peace, never made a big deal out of sex. We talked, we played canasta, we'd go for a stroll, we really got to know each other. There was still time for love, but it wasn't the be-all and end-all that these kids make it out to be. No. No settlement. And if you're their advisor, Miss Frutt, you tell them what really matters in a relationship." She turns to her lawyer, who appears to be about to say something, and shushes him with a gesture. She hustles out, and her lawyer pops something -- aspirin, antacid, who knows -- and suggests to Ellenor that maybe they can work it out. Ellenor nods and says that would be nice.
Bobby's taking Traub's testimony. He asks him to explain the science of urban anthropology. Traub says that it's the study of human interaction in the inner city. He says that he has studied phenomena like the riots that occurred in Brighton, and that he authored a paper called "Group Contagion and Racial Violence," which was published in The Journal of Urban Studies. The prosecutor is listening to all this with interest, and when she hears this, she looks pissed. Bobby asks Traub to read from that paper, and hands him the journal. Traub reads, "It is the finding of this study that group violence often triggers a contagious behaviour within the African-American community, which aggravates in African-American males an innate pathological tendency to commit acts of violence." Bobby says that's a pretty bold statement, and wonders if the doctor isn't worried about being labelled a racist. Traub responds that his only concern is scientific study and that racism plays no part in it. Oh, yes, I forgot that science is absolutely free and pure of all human biases. Especially anthropology.
Bobby asks him to read another portion he's preselected: "This frenzy of aggression precludes the individual African-American male from forming a specific intent to hurt or commit mayhem." (I think he says "mayhem," could be "malice" though; the sound on the tape is a bit blooby. It's a word. Don't make me come over there.) The prosecutor says, "Give me a break!" The judge says, "Miss Hart." Finally, a name. Just in case that wasn't clear to everybody, Bobby asks Traub to dumb it down: basically, black men can't be held psychologically accountable for their actions when "taken over by this form of temporary insanity." I'm sure Mike Tyson will be pleased as punch (har) to hear that. He likens it to pack behaviour among animal groups. Urge to poke out eyes and stab self in ears with letter opener becoming overwhelming....must resist...that's a David E. Kelley sweeps ep for ya. Miss Hart objects to this "racist quackery" being passed off as legitimate science. The judge says the court's position is not to judge scientific validity, only its relevancy. Yeah, swell, but how relevant can something invalid be? Bobby asks Traub to account for this tendency among black males. Traub claims it stems from a "commonly shared emotion of frustration, from feeling locked out from full participation in society. And when a situation presents itself that gives them a way to release that powerful frustration, it's like lighting a spark to an explosive: it can't help but blow." Traub goes on to testify that they don't find this tendency among whites, Asians, or Hispanics. He then suggests black males may be unable to resist this behaviour, like victims of a disease. Aaron and Eugene glare. Miss Hart's turn. Traub insists that he's saying this phenomenon only occurs in some situations, not all the time. He also asserts that he's not the only expert or academic making such claims. He says he's just saying it's possible. She attacks him on the basis of his fee for testifying, and asks how much he's charging. Bobby, of course, objects. The judge overrules; Traub tells her. She adds that that's in addition to expenses, and asks if he charges for mileage. He does. She asks how much time he spent with Aaron Wilton; he hedges, but it comes out that he spent less than an hour interviewing Aaron. Miss Hart says that Traub makes her sick. Bobby objects. The judge strikes the remark. Miss Hart tells Bobby as she passes his table, "I'm surprised at you." He objects again, the judge exclaims, "Miss Hart," and Eugene's stomach refines the ulcer it's been working on ever since he jumped on Bobby's bandwagon.
Lindsay is advising Helen about her relationship with Bobby. She says it's good that he's holding back, because he always goes for the wrong girls, knowing he won't fall too deeply for them. She argues that Bobby's scared with Helen because something could really develop. I think it could just be the scary tight bun her hair's in, but what do I know? Helen thinks it's ridiculous. Lindsay insists she should be patient. Helen says, "You know what I think we should do? Remember the time..." Lindsay exclaims, "Forget it!" Helen says her birthday's coming up and she's been wondering what to get her. Lindsay says, "Three words, Helen: For. Get. It!" Helen's all smiles as Lindsay takes off. She says, "Okay...your loss." I'm not entirely sure what that's about, and I don't want to know, either.
Bobby's washing his hands. Eugene appears at the sinks, and Bobby says he has to go after their client. Eugene says he knows the strategy. He hasn't told Aaron about it, though. Bobby seems less than thrilled to realize that Aaron has no idea what he's in for.
Back in the courtroom, with Aaron on the stand, Bobby asks, "Why'd you have to jump in? You weren't involved." Aaron says he's been stopped so many times for no other reason than being black that he couldn't stand it when he saw what they were doing to this kid. Bobby goes back and forth, badgering and inflaming Aaron with his questions, until Miss Hart wonders whether Bobby's declaring his own witness hostile. Aaron insists that he was trying to stop things and that they just got out of control, and Bobby keeps badgering, and finally Aaron's yelling. The judge tells the jury to disregard the last exchange and informs Bobby that his theatrics might play in Boston but not in Wellesley. Bobby then dredges up Aaron's conviction: he and some of his friends beat up a black janitor when they were around eighteen. The prosecutor objects, both on the grounds of relevancy and the fact that the conviction is twenty years old. Bobby yaps about his group contagion theory, expert testimony, blah blah blah. Bobby says Aaron and his friends were drinking. They beat the janitor half to death, and Bobby asks him why. Aaron doesn't know. Bobby then asks if Aaron knew that his actions were being videotaped that day in the Saveworld drugstore; he did. Bobby gets up in his face about why, if he knew that, he didn't control himself or alter his actions, until Aaron explodes, "I don't know!" The jury looks slightly uncomfortable with this burst of anger. Bobby then says, "Could it be that you lost...control?" Aaron glares and seethes silently. Bobby remarks, "You look like you're ready to lose it now." Why didn't he just wheel Aaron out in a big cage, naked and hungry, and shove sharp sticks into the cage at him? Because really, it would have been much the same.
The lawyers are at the office, watching news coverage of the trial. The reporter is claiming that the defense strategy is risky but the team must believe it's necessary. She surmises that the team must think that, since racism will be a potential factor in the jury's decision, why try to beat it -- why not use it. Eugene says quietly that he thinks they hit that nail on the head. Bobby claims it isn't that simple. He says, "Look, I am not going to pretend that I am proud of this defense. But how is that different from what we did in the Braun case? We argued that the guy had a Jewish right to revenge." Eugene thinks this is totally different; in the Braun case, the guy avenged the death of his daughter, and they argued he was acting out of some kind of moral outrage, but there's no moral component to the arguments in the current case. Bobby says he knows Eugene is angry, and he also knows why Rebecca is out with what he calls the "blue flu." I've never heard this expression, but I get what he means. He insists, "But this is what we do, Eugene!" Eugene's had enough and he explodes with anger: "Hey! I know what we do! We get people off. We're good lawyers. We come up with the best defenses. There's nothing we won't stoop to! We're the best! I know what we do." Eugene paces and glares. Lindsay, Ellenor, and Jimmy sit there looking uncomfortable. Thank God for the commercials.
Bobby and Eugene leave the office for the courtroom. Out on the street, Bobby asks Eugene if he's ready. Eugene says he is. Bobby tells him that for them to have any chance, Eugene has to go all out. Eugene knows that. Geez, Bobby, he's not five. Bobby then has the gall to tell Eugene that he understands how difficult this is. Yeah, he knows all about what it's like to deal with racism pretty much nonstop. Eugene says nothing but moves his head in that gesture that's the equivalent of eye-rolling, except you use your whole head. With any luck, you get what I'm driving at here. They get in the car. Miraculously, the control freak lets Eugene drive.
More news coverage: Jimmy flips the channels around. All the reporters talking about how this defense strategy was successful in the Reginald Denny beating. Jimmy turns the TV off and says dismissively: "It ain't dull here." Lindsay says, "Nope, fun place." Whatever. In a meeting room, Ellenor's got everybody there: Myra, Gracie, and her pill-popping lawyer. Ellenor suggests that the other party might want to submit to binding arbitration; Myra opens her yap to say that she doesn't want arbitration, she wants her day in court. The closed captioning translates part of the dialogue as "binding ashtrays." You can see how I'm struggling here, between the crappy sound mix and the even crappier closed captioning. Ellenor suggests to Myra that that approach might mean spending a dollar to save fifty cents. Myra reiterates wanting her day in court, and says that she's not afraid of a trial, and wants to know why Ellenor is. Please, somebody clock this insufferable termagant now. Ellenor asks whether she would consider small claims court. Myra doesn't understand; doesn't Ellenor want to handle this? Ellenor says quietly that to be perfectly honest, she thinks the case is a bit of a nuisance suit. Grace mutters, "Tell me about it." Her lawyer tells her not to inflame the situation. She starts whining, telling him to be quiet and that you fight fire with fire. Ellenor says this doesn't have to be a fight. Myra says of course it's a fight: "Why do you think we hired you...to lick opposing counsel's earlobe?" Ellenor stands up and says she's going to need some time alone with her client. As opposing counsel heads out the door, Ellenor says quietly , "And I apologize, because I know this now means you have to be alone with yours."
Miss Hart does her closing argument. She says this case isn't about false accusation. She says she's been accused of shoplifting three times herself, and has lost track of how many times she's felt suspected. She says her black friends tell her about being followed around in stores, too. But the answer isn't a riot, or defenestration of security guards. She doesn't say "defenestration," of course, but I love that word and I so rarely get a chance to use it. This recap presents a golden opportunity. She tells the jury they should be offended by the defense's argument, and says the idea that blacks should get special consideration because they can't control their violent impulses is "obscene." Yeah, that's about the nicest word for it. She concludes, "And as a black woman...I'll tell you...I'm going to go home and weep tonight. Whether the argument prevails or not, no matter. Because I'm going to go home and cry. Just because it was made."
Eugene's up. He says their testimony about group contagion was uncontested, and reiterates Traub's testimony. Then he says, "What crap!" Bobby interjects, "Your Honour..." Eugene turns and tells him, "I'm doing my closing!" He mentally adds, "So shut it, you pompous ass." Or maybe those are the voices in my head. Bobby sits down, trying to control his control-freakism. Eugene says that what happened was that Aaron was attacked, and he fought back. But they didn't think that as a legal strategy, they could get the jury to believe that he was justified. They thought they'd have a better chance of convincing a white jury that he was an animal. Eugene denounces that line of thinking again as crap. Bobby's totally freaking out, you just know it. Eugene starts talking about what a good man Aaron is, what a fine and upstanding member of society. He had just had it, seeing someone falsely accused, and then this fight broke out, and Eugene tells them that if they don't understand how and why this man could lash out, all it proves is that they don't understand. Eugene says, "Oh, I know, you can sympathize, but until you've been yanked out of your car, until you've been searched just because of how you look, until you see the look of fear in somebody else's eyes staring back at you simply because you're black...until that kind of thing happens to you over and over and over and over and over...you can't know." He pauses and paces toward Bobby. He continues: "My co-counsel, Bobby Donnell, looked me in the eyes this morning and said he understands." Eugene looks at Bobby; Bobby doesn't meet his gaze. "He doesn't. He might think that he does, but he doesn't." Eugene argues that Aaron went to the defense of someone wrongly accused, and got turned into the enemy, and was assaulted, and reacted with moral and personal outrage. He says he won't ask any of them to understand; he knows that's not possible. He asserts that Aaron is no deviant, and that he was justified. Eugene sits down. Bobby looks at him with an expression of resentment. What a complete wanker.
Ellenor tells Myra she thinks it's a silly lawsuit. Myra politely and tactfully (um, not cubed) tells her, "Silly? Well! Maybe you're just trivializing the importance of a honeymoon because it helps you cope with the likelihood that you'll never have one." Ellenor splutters, "I beg your pardon?" Myra rants on, "What was I thinking, coming here, expecting you to embrace the idea of sex being important in a union?" Oh, good lord. Ellenor tells her not to turn it on her. Myra says Ellenor's the one turning it, having just called her stupid. Ellenor didn't call her stupid, she just said it was silly to prosecute a travel agent. Myra says Ellenor doesn't have a clue; Ellenor asks, "About what?" Myra then says, "You know what, Ellenor? Probably the only long-term sexual relationship you've ever had has been with your left hand. It was a mistake to come here. Goodbye." Myra starts to march out. Ellenor looks as indignant as you would expect. She walks after her and says, "Myra?" Myra turns around with a snotty look on her face and says, "Yes?" Ellenor punches her right in the face. Even though the whole storyline has just been a weak excuse for Ellenor to punch her, I'm still gleeful when she does it. Myra's down for the count, and Ellenor says, "Never insult the left," shaking her fist out. Lindsay and Gracie's lawyer and Gracie rush in to see what the commotion is; Ellenor walks out, saying, "She tripped." Myra flops around on the floor like a stoned trout. Gracie snorts, and everybody enjoys a good giggle.
Bobby's ripping a strip off Eugene for his closing, saying he should lose his license for a stunt like that. That's rich, considering the source. Eugene tells him to take his license. He quickly pulls out a piece of paper and rips it up and throws the pieces around. Bobby asks whether he told the client he was going to pull that. "Did you ask me?" Eugene says he didn't need to ask. Bobby: "The hell you didn't! He comes before your black pride, Eugene! If he goes to jail..." Eugene counters, "Then we got grounds for appeal! You can argue his lawyer was a deviant!" Bobby accuses him of being irresponsible. Finally Aaron's had enough: "All right!" Aaron says he's not sure he could have lived with an acquittal on the contagion defense, anyway. Bobby insists that Eugene should have asked Aaron about it. Aaron says he didn't need to. Mrs. Wilton sticks her head in to say the jury's back.
The foreman reads the verdict: on the first charge of voluntary manslaughter, they find him not guilty. On the second charge of aggravated mayhem, they find him not guilty. On the third charge of felony assault, they find him not guilty. Oh, good grief. Not even felony assault? What a crock this entire case is. These people must have some really big swimming pools. Aaron leans over the table a bit in relief as various members of the peanut gallery clap and cheer. The judge dismisses the jury and adjourns the court. Aaron gives Eugene a big hug, and then embraces his wife, picking her right up off the floor. What, no bear hug for Bobby?
After the last bunch of commercials, Eugene goes into a room where Bobby's standing and staring out the window. Bobby says, "I think your closing did it." You think? Eugene says, "Thanks." Bobby asks if Eugene wants to talk to the press on this. Eugene tells him to do it: "You're better at spin. You do it." Bobby then states, "Eugene, you claim I don't understand. I'll accept that, I will. I don't understand what it's like to be subjected over and over and over again...I'll accept I'll never get that. But you know, a man did die here, and the 'I've had it' theory as a defense to manslaughter...I'll never understand that, either." Eugene responds: "Just a legal strategy. You got yours, and I, uh...I got mine." Bobby: "Yeah. But yours came from your heart. I pulled mine out of my ass." Yeah, okay, not the last sentence. Eugene leaves.
Now we have to be subjected to Bobby on the news, blathering about their strategy and spinning just the hugest line of BS: "We simply sought the jury's understanding of Aaron Wilton's state of mind at the time of the event. That understanding between a white jury and a black defendant can only be construed as a positive outcome, beyond the guilt or innocence of one man. It's a larger statement for our Commonwealth and our country." We see Eugene turn off the television on which he's watching this drivel, and a tear slowly rolls down his face from his right eye. He wonders to himself: "I signed a four-year contract. What was I thinking?" For some reason I'm reminded of that commercial from the seventies where all the pollution makes the Native American man cry. We see Eugene from the back in a darkened room, as the camera moves away from him. He's sobbing. You and me both, pal.