Previously on The Practice: Mary Donovan engages Ellenor's services to try to save her son (who's been convicted of raping his girlfriend and murdering both her and her mother) from execution; Ellenor can't get the court to order necessary DNA testing; Jimmy speaks to Mr. Kearns, who's convinced Stuart Donovan is the killer; Ellenor tries to force a confession out of a lying jailhouse snitch; Eugene speaks to the eyewitness whose testimony helped convict Stuart; that witness's ex-wife insists her husband was an alcoholic who would have been too drunk to be sure about the time; and a judge refuses Ellenor's petition for a DNA test, which makes Ellenor cry.
Lucky me! I get to recap what has to be the best episode of The Practice this season. I wasn't expecting it, given the blurb ABC sent out two days prior to the show airing: "Shocking new evidence allows Ellenor to make a last argument for Stuart Donovan's innocence, but if she fails, he faces execution by lethal injection. Meanwhile, back in Boston, Bobby and Lindsay battle over wedding plans and the true meaning of marriage." Oh Lord: "The true meaning of marriage?" Those two? I rummaged around for my antacids and barf bags, and genuflected before my glow-in-the-dark St. Clare icon, before settling in. About thirty-five minutes into the show, with no sign of the unholy trinity of Bobby, Lindsay, and Helen, I thought . . . when are we going to have to suffer through them? Would they introduce that subplot so late into the episode? Could the blurb have been wrong? I decided not to get my hopes up too high. When the show was finally over, I wondered who had the good sense to edit out the Bobby-Lindsay nonsense and make this the comparatively strong episode it was. Even Professor Frink (my husband) commented after it was over how refreshing it was not to have Bobby, Lindsay, or Helen in the show at all, and he's usually a lot less irritable about them than I am.
The episode opens with Ellenor arguing with the assistant to the governor of Philadelphia. The snot-nosed, officious assistant has a red-and-white kerchief tied perkily around her nasty neck. Hate that. Ellenor is explaining how desperately she needs two minutes of the governor's time. The assistant has apparently offered Ellenor appointments in July, at which point Stuart Donovan will have been maggot snacks for about three months. So that's not a lot of help. Ms. Snotnose claims the governor has considered Ellenor's request. Ellenor says, "I don't mean to be rude, but I don't believe he did, because from everything I've read about him, he's not only intelligent, but he's extremely fair-minded, and there's no way he would have denied this reprieve had he considered the facts . . ." Ms. Snotnose interrupts to assure Ellenor otherwise. Ellenor wants to hear it from the horse's mouth and asks for thirty seconds. Ms. Snotnose gives Ellenor the old song-and-dance about how could they run things efficiently if they gave thirty seconds to every lawyer who came into the office looking to stay an execution. Ellenor rightfully points out that since it's only the second execution scheduled in four years, she doesn't think a total of one minute devoted to this cause would cripple the administration. Ellenor grabs a piece of paper and asks Ms. Snotnose if she could give the governor a note for her. Ms. Snotnose declines. Ellenor, getting testier: "Could you pass on a gesture?" Ms. Snotnose: "Your thirty seconds with me are up." Ms. Snotnose takes off and Ellenor crumples the paper irritatedly.
Jimmy's back in what I believe is the appellate court. In desperation, he's trying to argue the angle that, because there have been at least ten botched executions by lethal injection since 1985, executing Stuart Donovan by lethal injection constitutes cruel and unusual punishment. The court is distinctly unimpressed with Jimmy's argument, and not only denies his petition but fines him one thousand dollars for wasting the resources of the court. Jimmy's incredulous and gives the judges some grief after the banging of the gavel. One judge lectures him a bit about the costs involved in Jimmy bringing this action, and warns him that the fine is going to go up by five hundred dollars if Jimmy doesn't zip it. (Okay, he doesn't really say "zip it.") He says that defense counsel can inspect the execution equipment and that the fine is now fifteen hundred dollars. Jimmy decides now might be a good time to zip it. Credits and commercials.
Back at defense HQ, also known as Mary's living room, Ellenor asks Lucy to meet with a convict named Joel Bullock. This guy is a professional prison informant and supposedly taught Earl Taylor everything he knows. Earl Taylor is the creep who fabricated Stuart's supposed confession. Ellenor wants to find out how Taylor learned the details of the Stuart's alleged crime. Ellenor explains that the reason she wants Lucy to meet with Bullock is that he has a "thing for young girls." Just how much are they paying Lucy, anyway? I doubt it's enough for this kind of crap. I guess it's a mark of how desperate Ellenor is, because normally I think she would be too sensitive to Lucy's feelings, especially considering some of the things Lucy's been through on the show, to ask her to do something like this. Anyway, Lucy wrinkles up her face and tells Ellenor, "Forget it." Ellenor argues that she'll be separated from Bullock by a partition. Yeah, that'll make it so much less icky. Lucy asks if she has to do this; Ellenor says that she doesn't, but that she might be their best shot. From the other side of the room, Eugene, who's sitting in a chair staring at all the crime-scene pictures that are pinned up all over the walls (how'd Mary get all those, anyway?), says, "The clothes." He explains that Alyssa Kearns was raped and killed while wearing a nightshirt, but there's nothing in the files about the clothing being tested. All the semen samples came from the rape kit swabs. Because the rape kit was introduced at trial, having it re-tested with DNA testing procedures does not sufficiently constitute new evidence, but since the clothing wasn't tested, that should be considered new evidence. Ellenor wonders where the nightshirt would be; she finally surmises that Alyssa's body probably went to the coroner wearing it.
Eugene and Ellenor speak to the coroner about the nightshirt; he says that the nightshirt was sent to the mortuary along with the body, at the request of Alyssa's father. Eugene asks, "And why the hell would he request that?" Ellenor thinks for a moment and says, "Kearns . . . he must be Jewish." The coroner glances at the file and confirms this. Ellenor continues, "It's an ancient Jewish custom: Let the victim of a violent crime be buried in the clothes they died in. It's thought to arouse compassion in God, and hasten the end of the exile." This is the sort of arcane tidbit that David Kelley is always throwing into his scripts. Eugene asks, "Really?" Ellenor says, "She was buried in the nightshirt. It's in the coffin."
At some unspecified prison, Lucy waits nervously on one side of a heavy wire partition to speak to the slimeball, Joel Bullock. He sits down, ogles her, and asks, "What are you, fifteen?" Lucy says, "What are you, an untreated pedophile?" Actually, she doesn't, but she should have. Lucy tries to get down to business right away and launches into an explanation about Stuart Donovan, but before she gets very far, Slimeball asks her to show him a "little something" before they get started. "You know, flashy-flashy, something trashy." Excuse me while I go mail a package of my vomit to this guy. Lucy's rather nauseated to realize he expects her to flash him, and says she's not going to do it. He leers and says, "Show me one little titty. One little titty will speak volumes. You give, I give, little miss. That's the way justice works." Ugh. Why can I not get past thinking that DEK gets off on writing this stuff? They go back and forth over this until Lucy finally negotiates that he talks first and then she'll decide what to show him. Slimeball finally explains that Taylor got the details on the murder by calling the coroner's office and pretending to be a police officer, then he pretended to be a bail bondsman and called the inmate reception centre to "get the skinny on the perp," and finally he posed as an assistant district attorney and called the DA's record room. Slimeball claims that's all you need to do to get the information on any crime. Lucy can't believe someone can accomplish all that while incarcerated. He claims he's seen Earl do it in less than fifteen minutes. Then he says, "All right, little lady. Titty showtime." Did I say "ugh" already? Lucy looks anxious, but lifts her shirt enough for him to see her navel, which looks pierced but it's hard to tell through the wire partition. He's like, "That's it? Stomach?" She says, "Bye, Joel," and takes off. He calls after her, "I give you everything and you give me stomach?" Be thankful she didn't give you the contents of her stomach, dirtbag.
Ellenor is back in Smokin' Judge Wood's court to ask him to order the exhumation of Alyssa Kearns so that the nightshirt can be retrieved. She argues that the nightshirt is new evidence. Platt, the DA, argues that it's not new evidence and that with due diligence, the defense could have tracked it down years ago. Ellenor states that it was not foreseeable that the nightshirt would be buried with Alyssa according to ancient Jewish custom. Ellenor says, "I would submit that we have a right to post-conviction discovery." Platt says that can only happen under exceptional circumstances. Ellenor thinks the fact that Donovan is about to be put to death qualifies. I must agree. Platt says she doesn't know that there's any DNA evidence to be gotten from the nightshirt. Ellenor says to Platt, "If there's not, what are you afraid of? You still get to execute him and you don't have to cancel your party plans." Platt brings up Commonwealth v. Kivlin, and Eugene quickly hands Ellenor a relevant document. In that case, a request for exhumation was denied because the existence of the evidence sought was "speculative and uncertain." Ellenor counters that the Kivlin case involved a search for gunpowder traces and did not even approach the scientific certainty offered by DNA evidence. Platt resorts to accusing the defense lawyers of wanting to desecrate a grave and victimize Alyssa Kearns one more time. Ellenor objects to that. Platt goes on to inform the court that the legal action surrounding Stuart Donovan's case has now cost the taxpayers more than one million dollars, and enumerates the many petitions and motions made by the defense team. "Now they come in looking to dig up the victim. Where in God's name does it stop?" Smokey the Judge finally says, "The nightshirt may very well be new evidence. But there's no offer before me that it even contains any DNA evidence, much less exculpatory." Ellenor interjects, "Because nobody looked!" The judge continues, "Even so. Under Kivlin, I can't re-open on speculation. And, that's all you're barking with. Your motion is denied." Mary squeezes back some tears.
Ellenor speaks to Stuart in prison, updating him and explaining that they're still trying. She says they're going to approach Alyssa's father about exhumation. Stuart asks, "Why would any father agree to let his daughter get dug up?" Ellenor has no answer for that. Stuart says evenly, "It's over." He asks where his mother is "off crying" now; Ellenor says she's at home. After a long pause, Stuart, misty-eyed, says, "I never believed it would happen. Even when I got sentenced, I figured, you know, it's a mistake, it'll get cleared up. But . . . we're there. The day is here." Ellenor tells him that they're going to inspect "the equipment" in the vague hope that they can find something wrong with it. She doesn't actually finish this thought, but just trails off, realizing that there's probably not much she or anyone can do to help him now.
After the commercials, it's night and they're all at defense HQ. Mary's asking, "Why don't we just go and dig up the body ourselves?" She's definitely losing it. Ellenor says they can't do that. Mary says, "Why? Because it's a crime? I'll serve the time. If I get DNA that'll clear my son . . ." Ellenor discourages her. She does suggest that it's not a bad idea for her to go with Jimmy to see Mr. Kearns, for whatever sympathy points that may score them. Mary asks Jimmy if Mr. Kearns knows of their visit; Jimmy replies that Mr. Kearns doesn't know what he's coming to request. Ellenor instructs Eugene to check out the execution equipment. Ellenor pauses and looks kind of unsteady; Jimmy gently asks if she's okay. "I'm fine," Ellenor lies. "I'm fine."
Mr. Kearns looks pained. "How did you expect me to respond, Mr. Berluti?" Jimmy says, "Terrible." Just once I wish David Kelley would not force Jimmy to use adjectives when the situation calls for adverbs. I guess it's supposed to be some signifier about Jimmy's relative class or lack thereof, but it bugs. Jimmy says that according to the mortician, the nightshirt was folded and put in the casket with his daughter. Which causes me to wonder if that really fulfills the custom of burying the victim in the clothes in which they died. Jimmy says they wouldn't have to touch or disturb Alyssa's remains. Mr. Kearns replies, "I can't believe I'm sitting in my own living room, listening --" His voice breaks off. Mrs. Donovan takes a run at bonding with Mr. Kearns over having both lost a child, but he's not having any of it. "Mrs. Donovan, you and I have nothing in common." She says that if there's DNA evidence implicating her son, she'll drop any further action. Jimmy says that he would think that a father would want to know for sure. Mr. Kearns responds, "Oh, you would think that, would you, Mr. Berluti?" Mary says she's begging him. Jimmy finally sells him on the grounds of getting closure and being compassionate. Mr. Kearns asks what they would be doing. Jimmy says they would open the lid, take the nightshirt, and put her right back in the ground. Mr. Kearns finally nods his silent agreement. I thought we could have used a little more development here to explain why he finally agreed to this; I think Jimmy got there too easily.
Eugene's inspecting the execution equipment. Three guys are showing him the drill. They've got a dummy strapped to a table in a room, and then they go into another room attached to it, and two of the guys flip a bunch of switches. The machine controls a bunch of cylinders, which carefully dispense the deadly chemicals. In a matter of a few seconds, they announce that the deed is done. ["Did this whole scene remind you of Mr. Death? The movie about Fred Leuchter? It totally gave me the shudders." -- ragdoll] Their supervisor says, "Okay, let's start from the top. This time we'll do it as if the condemned was struggling." Eugene looks like he can think of several hundred places he'd rather be.
After some more words from our sponsors, Ellenor's on the phone speaking to some flunky from Supreme Court Justice David Souter's office. She's trying to impress upon this person that the execution date is tomorrow, and she wants that brought to Souter's attention. She hangs up and says, "Supreme Court Justices aren't even made aware of these requests. Their law clerks just stamped 'denied' and then they go out and play basketball!" The phone rings again and Mary grabs it, and passes it to Ellenor, saying that it's the doctor from the lab. There's a lot of tension while everyone waits for her to get off the phone. When she does, she tells them that there was DNA on the nightshirt: two semen stains, neither of which match Stuart's DNA. Everyone looks grateful, especially Mary, who whispers, "Thank you, God. Thank you, thank you, God."
Ellenor and Eugene go back to speak to the DA, who looks somewhat flabbergasted to be receiving these results. Ellenor says that they can document chain of custody, and adds that the doctor who performed the tests is an expert the DA's office uses. Good thinking. Ellenor says, "I'm hoping we can offer a joint recommendation asking for Stuart Donovan's release." Platt's not so sure he can do that; Ellenor thinks this is conclusive proof that Stuart didn't commit the crime. Platt asks if the doctor put the information into the national database, but no match had been made. Platt admits that he's surprised by the results, but that he doesn't feel it clears Stuart, only that it means somebody else could have been there with him. They start arguing over the evidence given by the alcoholic witness, and the jailhouse informant. Ellenor interjects, "I don't believe I'm hearing this! You still plan to execute?" Platt holds to his theory that it only shows somebody else could have been there. Well, if so, mightn't that person be responsible for the murders, even if Stuart was present? He also suggests that the stain could be older than the day of the murders, which is a much stronger objection if you ask me. Platt maintains that it doesn't disprove the evidence against Stuart Donovan. Ellenor says nothing but seethes silently.
Back at defense HQ, the team meets again. Mary can't believe the DA is not accepting the results as exculpatory. Eugene says they need to go back to court, but not federal. Mary's really unhappy about going back to Judge Wood, but Eugene says he's all they've got. Ellenor starts giving orders to Lucy and Jimmy, but Mary's still objecting. Ellenor holds her hand up to kind of block Mary out, but Mary's persistent: "Why Judge Wood?" Ellenor finally explodes, shouting, "Would you shut up?" Mary looks stunned; Eugene and Lucy and Jimmy look concerned. Ellenor apologizes in a very soft voice, "I'm sorry . . . it's just . . . I'm so sorry." She walks away. Eugene starts telling everybody what to do; Mary fiddles with the index cards on one of the bulletin boards. Eugene goes and asks Ellenor if she wants him to argue. Ellenor says she'll do it. Then she walks over to where Mary is and says, "Mary . . ." Mrs. Donovan turns around, and with a sigh and a very drawn look on her face, says gently, "It's okay."
Back at prison, Jimmy and Mary meet with Stuart. They tell him what's happened; he can't believe that the prosecution is floating this theory that he had co-conspirators. Stuart asks, "Why are they doing this?" Jimmy explains that they're desperate to believe they have the right guy. Jimmy explains Stuart will be transferred to the court for the hearing with Judge Wood. Stuart asks if they've heard from the Supreme Court; Jimmy says they don't seem to be returning the defense's calls. Mary tells him they're not giving up. Jimmy goes on to explain that if they lose at the hearing, Stuart will be taken directly from court to "the place." Stuart asks, "'The place' . . . you mean the place where they put me to death?" Jimmy informs Stuart that he should do his prison farewells in the morning.
Platt's meeting with his superior, advising him of the status of the case. Michael, the other guy, asks whose semen it was on the nightshirt. Platt says they don't know, but he doesn't think it means anything and there could be co-conspirators. Platt complains, "These lawyers, they don't quit. They dug up the rape kit on their own, they've . . . they're very good, Michael." Michael asks, "How the hell did they get the father to agree to an exhumation?" Platt responds, "I'm telling you, they don't quit." Michael says he'll argue. He asks Platt, "This is the killer, right?" Platt says, "I know it is." Michael insists, "I'll argue. We're not losing him on the day of execution."
Ellenor's working late at defense HQ. Eugene asks her how's she doing; she's pitching files around on her desk pointlessly and saying that she's just got so much, she doesn't know what to argue, or whether she should argue everything, or how long Judge Wood will even listen. She goes on to tell Eugene that when Stuart first went to prison, he banged his head against the bars for thirty-eight hours straight, saying that he wouldn't stop until somebody heard the truth. Then the prison forced him to take anti-psychotic medication for three years. I'm thinking Ellenor may need some of that medication soon. She's on the edge. Eugene tells her she can't take the case too personally and that she won't be any good if she lets her emotions take over during the hearing. She considers getting Eugene to do it, but he claims he's not as prepared as Ellenor. She confesses she's having a lot of trouble keeping everything sorted out in her mind, between her emotions and the facts of the case and everything. "I can tell you one thing: I am never gonna do another death penalty case. I can't handle it. I just can't." She's almost in tears. Eugene offers his hand; she holds it gratefully.
Post-commercials, Stuart is brought to the hearing. Just before Smokey the Judge takes his seat, he's off to one side of the courtroom where some other old guy hands him an already lit cigarette. I honestly have no idea what that's about. Smoke 'em if you got 'em, I guess. Everybody's there, including Mr. Kearns, for whom I am feeling a great deal of sympathy. Judge Wood gives Ellenor the floor. She states that they have conclusive evidence that it was not Stuart Donovan who raped Alyssa Kearns on the night of her murder. She also states that the judge has the affidavit relating the information from Slimeball regarding the way Earl Taylor fabricated a convincing confession from Stuart, and that there is also an affidavit from the ex-wife of Mr. Brestler, the alcoholic eyewitness, testifying to his unreliability. He claimed he saw Stuart Donovan go into the Kearns home between 11:30 pm and midnight, and supposedly remembered this because it was during Johnny Carson's show, but that night a Johnny Carson special anniversary show was broadcast between 9:00 pm and 11:00 pm. Mrs. Brestler's affidavit affirms that he was typically passed out from alcohol consumption by 9:00 every evening and would be easily confused about such details.
Ellenor reiterates that Stuart was convicted on three pieces of evidence: a fictionalized confession, the testimony of an alcoholic eyewitness, and a blood-type match which has been conclusively disproven by DNA testing. "As a matter of law, as a matter of simple justice, Stuart Donovan's conviction must be set aside and he must be released immediately." As she sits down, some suit strides in and whispers something to Platt's supervisor, whose name we learn is Stanfield. He stands up and says they won't deny that they were shocked by the DNA evidence. He adds, "We then tested the rape kit, and learned just ten seconds ago [that] it, too, did not match Stuart Donovan." Stanfield claims that his first reaction to learning about the DNA evidence was that Stuart Donovan should be set free; however, he goes on to assert that nothing has really changed so dramatically that it would alter the original verdict. Addressing the various pieces of evidence upon which Stuart was convicted, Stanfield first says that the confession was introduced and challenged at trial and defense is not free to continue challenging it without new evidence, which they lack. He points out that the argument that the confession is false was already rejected by the jury. Stanfield then claims there is nothing to controvert the eyewitness's testimony, which is kind of a weak argument if you ask me. He moves on to the blood-type match, which he maintains was never a big part of the original case; apparently, the prosecution harped on the other two points much more heavily. He states, "The question you have to ask is whether this new evidence is of such character that a different verdict will likely result. The answer to that is 'no,' because there is nothing to disprove either the confession or that testimony. Not then, not now." Smokey the Judge finally speaks, agreeing that there is no basis to throw out the "confession" or the drunk's testimony. He does ask, however, whether the DNA evidence doesn't tell them that someone else committed the crime. Stanfield says that what it indicates it that someone else could have been there, that somebody else could have "made love" to her. (I found this offensive, since I suspect the rape kit probably successfully established that she was indeed raped.) There's no timeline. He contends that it doesn't change the fundamentals of the case, and that moreover, Donovan didn't say anything to Earl Taylor about sexual involvement with the victim, but confessed to the murders of Alyssa and her mother. Therefore, the new evidence does not undermine the veracity of the confession. Smokey the Judge asks, "Do you still think he did it?" Stanfield smugly says that his personal beliefs are not relevant; Smokey growls, "They're relevant to me. Do you think this is the man who killed those women?" Stanfield says he does; given that Stuart and Alyssa had had a heated argument, that there were no signs of forced entry, no fingerprints except for Stuart's, and no apparent motive for anyone else. "Look, he confessed to the crime. You don't free a man just because it turns out that somebody else may have been there at the time." Smokey persists, "But you have to admit, it does change things, if somebody else was there." Stanfield cites a case in Texas where the DNA turned out not to match the defendant, but the court of appeals there refused to grant a new trial, ruling that the DNA evidence did not preclude the presence of a co-conspirator. "You have precedent. You have the verdict of a jury. This court should honour both."
Stanfield's done and he returns to his seat. Eugene whispers to Ellenor, "You can't rest. He was good." Ellenor requests "one more minute." Ellenor stands and confesses that she started getting emotional about this case as soon as she took it on, and finally figured out that what was upsetting her was the realization that people often do not get fair trials in this country. Smokey interrupts to remind her that he was the judge at Donovan's trial. Ellenor: "And I don't doubt that you did everything right, Your Honour. But Stuart Donovan had a public defender who had just finished another capital case forty-eight hours before his trial began, and that public defender wasn't ready for this one. He didn't discover a lot of the things he could have. Defense lawyers, especially public defenders, especially those taking court appointments . . . we just don't have enough time. We just don't have the resources. And it's understandable. Things are bound to fall through the cracks. How could they not? But I have a man facing death here." She goes on to say that technically, from an evidentiary standpoint, Stanfield is correct in saying that both the confession and the eyewitness testimony still hold up. We get a shot of Smokey taking a drag. Ellenor continues, "In reality, a man is going to be executed for a crime he didn't commit. And as I have been pounding my head up against walls, I have continually been hearing, 'Miss Frutt, there is a system. A system of evidence, and appeals . . .' The system doesn't always work, Your Honour. In the last ten years alone, over forty-four people have been released from Death Row for crimes they didn't commit. The system uses jailhouse snitches who fabricate confessions. The system has police lying. The system is very, very fallible. And maybe it is understandable, given the enormous volume of criminal cases today, mistakes happen. Lies happen. It is a byproduct of the system that I can almost comprehend. But what I can't fathom, is when we have the ability to find out the truth through DNA evidence, we don't." She points out that in all but two states, prisoners do not have the right to a simple DNA test that might prove their innocence. Ellenor reminds the judge that he would not order a DNA test, leaving them little choice but to go to the victim's father, who miraculously agreed to their request. And now, even though they feel they have proved Stuart's innocence, it's still not over. She asserts that no one in the room fully believes or trust the testimony of the professional snitch or the drunk. Getting a little more emotional, she asks, "Is our system about getting convictions? Is that it? My co-counsel Eugene Young told me not to take this case personally. How can I not? How can't we all? A man . . . an innocent man is going to die. As human beings, as officers of this court, as players in this . . . system, how do we not take that personally?" She returns to her seat.
After yet more bloody commercials, Stanfield speaks again. He acknowledges Ellenor's emotion and frustration, but asks the court to consider it from the side of the D.A.'s office, and that of the family. He complains about how even when they manage to get a conviction, the defense attorneys keep returning again and
again, with appeals and arguments and motions. They've been coming back on Donovan's case for twelve years. Indicating Mr. Kearns, he states, "This father, this husband, has been waiting for this to be over. And this, on a case where the defendant confessed, this on a case where we have eyewitness testimony." Stanfield claims that defense attorneys are usually trying to free their clients on technicalities, and complains that in this case the system has been adhered to, the evidence is all sound, and they're in here . . . He doesn't finish this statement, but harps on the confession again, and the fact that the jury believed it. He concludes with a nonsensical argument: "Why don't we just let everybody go?"
Smokey pauses for a long time, and everybody waits uncomfortably, while the Pensive Music of Judiciary Reflection plays, then finally renders his verdict. It's a standard David Kelley verdict, in that the judge says one thing that makes you think you know the outcome, then something then makes you think the other way, and so forth, until he finally comes to the point. Smokey begins, "I am persuaded by defense counsel's arguments that before we put a man to death, we should be sure of the person's guilt, and not simply limit our inquiry as to whether the trial was technically sound from an evidentiary standpoint. That seems -- so obvious. But Mr. Stanfield's contention is also a valid one. We could keep re-evaluating evidence ad nauseam forever." He asserts that it would be nice to reconsider things, take a second or third look at the testimony, but if they did it for one defendant, they'd have to do it for all of them, and then the dockets would be clogged beyond repair and no one would get any justice. Smokey acknowledges to Ellenor that the confession and the eyewitness testimony were what convicted Stuart, and both were vigorously challenged at trial. He understands that she would like to keep renewing the challenge but the law does not allow for that, at least on the basis of the new evidence she's brought. Then he goes on to tell Stanfield that if the prosecution had had the DNA evidence prior to trial, they would have investigated the possibility of another suspect. Smokey winds up, "I am an old man. I look at each cigarette as possibly my last." Well, they haven't killed you yet. Maybe you shouldn't be so pessimistic, pal. "My last breath won't be spent executing a man I now think is probably innocent." Ellenor's tearing up. "The conviction is set aside. Mr. Donovan, you are free with the apologies of this court. Adjourned." I thought we were just going for a stay of execution here, or a new trial . . . can the judge actually set aside the original verdict? I guess he can. Stuart closes his eyes and bows his head a little; Ellenor is overcome. Mary is in shock, I think, since she's not reacting much. The other attorneys look bummed. Eugene says, "How about that?" Ellenor is crying now. You can see Lucy hugging Mary in the background. Jimmy looks pretty stunned too. Lucy congratulates Stuart, and Mary hugs the stuffing out of him, bawling. Mr. Kearns blinks furiously to keep back tears; he's pretty much alone in his pain. Ellenor is speechless; Eugene puts his arm around her as she cries in relief. ["Yeah, but who actually did it? I hate it when they don't tie it all up in the end." -- ragdoll]