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(TV Series)

(2001)

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Judge Rodney White: I have reviewed the contract entered into by Ms. Gamble and Mr. Cahill. I think Ms. Gamble's promises were against public policy, lived up to or not. I also believe they could be technically unenforceable under Massachusetts General Law, Chapter 265, Section 1, which states that only the jury shall determine the degree of murder. However, the fact of the matter is, we enforce plea agreements like this every day, and Ms. Gamble's deceit, trickery, bad faith - It's also against public policy. Lawyers who appear in my court do not get to take advantage of technicalities and bad faith to get out of deals they regret. I'm, therefore, honoring the plea agreement. Mr. Cahill's first degree convictions are set aside. We enter second degree counts, and pursuant to the agreement, Mr. Cahill shall be eligible for parole in 20 years.

Attorney Byron Powell: Thank you, Your Honor.

Judge Rodney White: However, this plea agreement is silent on sentencing when it comes to other crimes, such as Mr. Cahill's threat to hit Ms. Gamble.

Attorney Byron Powell: We deny that ever happened.

Judge Rodney White: Yes, it would be nice for you if you got a trial on that, but you don't. For sentencing purposes, I need only find by a preponderance of the evidence that it happened. I make that finding now.

[Judge White addressing to Mr. Cahill]

Judge Rodney White: To threaten a D.A., Mr. Cahill, I'm adding 75 years to each of your 2 counts, sentencing to run consecutively. So you will now be eligible for parole in 150 years. Adjourned.

[Bangs the gavel. Jackie Cahill is finished. He is handcuffed and taken away by the bailiff. And Attorney Byron Powell walks over to Helen and explain about Richard Bay]

Attorney Byron Powell: You think you honored Richard Bay in all this? Do you think that cowboy up there just ratified you?

Helen Gamble: Go away.

Attorney Byron Powell: Richard Bay was a man of integrity. He honored his word. He honored the law.

Helen Gamble: If you'll excuse me, I have to go to a funeral.

Attorney Byron Powell: Well, I hope you pay tribute to him there, because neither you nor that judge did here.

[Helen glares at Mr. Powell. And he leaves her alone and go away]

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[Here at the funeral in the Boston cathedral. A.D.A. Helen Gamble walks up and starts to give her eulogy]

Helen Gamble: Richard had the choice of stepping down from a case where the defendant was threatening his life. He said to me, "How can I do that? I'm a district attorney. This is who I am," and that's how he'd want to be remembered. He was a public servant. He leaves a legacy of truth, justice, and integrity behind him, a legacy I've done a lousy job living up to the last few days... a legacy which has become increasingly difficult for everyone in the criminal justice system to live up to as of late. But for Richard it was easy, because his compass always reminded him... he was a public servant. A lot of people he considered his friends disliked him. A lot of them happen to be my best friends - Defense attorneys, people who come to work day after day fighting for the civil rights of those who have murdered, raped, stole - People who knew that by fighting for the guilty, they were ultimately protecting the innocent. Those people have come to doubt themselves in the wake of Richard's death. Richard never doubted you. He respected you enormously because he knew you, too, were public servants, and he'd want you to know that. He was scared the night before he was killed. He was afraid that the threat made against him might be carried out. And he said if he should die, be sure to tell everyone he tried his very best. We all know that, Richard. Lying there is a kind man, a man who saw a crime and tried to stop it, a man who saw victims and tried to console them, a man who... a man who, more than anything else, was a dedicated public servant.

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Jackie Cahill: You killed him?

Helen Gamble: Mr. Cahill, I'm afraid I'm not satisfied that you turned over all the people responsible for Mr. Bay's death.

Jackie Cahill: What? I did.

Helen Gamble: Well, it's unfortunate that I still don't trust you. Accordingly, the deal is off. Your life sentence stands.

Attorney Byron Powell: Hold on.

Jackie Cahill: Wait a minute.

Attorney Byron Powell: On what basis do you believe there were others involved?

Helen Gamble: My gut. Have a nice life, Mr. Cahill

Attorney Byron Powell: We have a signed agreement.

Helen Gamble: I don't believe he lived up to the terms.

Attorney Byron Powell: We're going right to court.

Helen Gamble: Excellent. That'll sure put the word out that you turned state's evidence.

[to Jackie Cahill]

Helen Gamble: I guess this is goodbye, Jackie.

[Helen is leaving]

Jackie Cahill: You don't think I can hit you from inside?

Attorney Byron Powell: Jackie -

[Helen Gamble turned back to Jackie]

Helen Gamble: I was so hoping you'd say that.

[And she leaves. Jackie Cahill was mad]

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Attorney Byron Powell: This is classic contract law, Your Honor. Ms. Gamble offered a deal, we accepted the terms, she received consideration...

Helen Gamble: First of all...

Attorney Byron Powell: I'm not finished.

[Continues]

Attorney Byron Powell: We also have to consider substantive due process. The government must be required to give Mr. Cahill the benefit of what he bargained for. He gave over the shooter, who was shot dead, by the way. For Ms. Gamble to now say no deal, that is blatant bad faith. This woman was a friend of Richard Bay's. She's been on a mission. The shooter is now dead. Now she's reneging on a signed agreement to get my client, and it should shock the conscience of this court's fundamental notion of fairness.

Judge Rodney White: Ms. Gamble?

Helen Gamble: The deal called for Mr. Cahill to reveal everybody involved in Mr. Bay's death. Because the shooter was fatally wounded, our investigation of Mr. Bay's murder has been severely undermined. As for fundamental notions of fairness, this man put a hit on a D.A. He has since threatened to put a hit on me. I find it unbelievable that a man who has violated our laws with such brutality, a man who has murdered and committed acts of depravity, for him now to be seeking the protection of the law, to be exalting arguments of fairness and due process - This classic law that Mr. Powell speaks of calls for the parties to act with clean hands. I'd ask the court to consider Mr. Cahill's hands.

Attorney Byron Powell: And I would ask the court to consider Helen Gamble's.

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Helen Gamble: [Opening the door is Detective Michael McGuire] Mike?

Detective Michael McGuire: Why didn't you tell me this was going down?

[Helen is chagrined]

Detective Michael McGuire: The man didn't have a weapon. Do you know that, Helen? It was a cell phone.

Helen Gamble: It was dark. He made a quick move. From my vantage point, the shooting looked justified.

Detective Michael McGuire: Well, for mine, it looked like an execution. You tell the police he'll take hostages, you got to take him outside, he'll be armed, he's volatile, he'll shoot, protect yourselves - Is there any other way this could have gone down, Helen? This was the equivalent of a hit.

Helen Gamble: I have to take a different legal point of view there, Mike, but you know what? If it gets out on the street, whack a D.A. and this is what happens, I can live with that.

Detective Michael McGuire: There's going to be an investigation.

Helen Gamble: Tell me where and when. I'll show up wearing white.

Detective Michael McGuire: What's this deal you made with Cahill?

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Ellenor Frutt: Just now?

Helen Gamble: About an hour ago.

Ellenor Frutt: Why were you there?

Helen Gamble: There's was nothing on television, okay, Ellenor? It was either a movie or watch a guy get shot.

Ellenor Frutt: Is that funny?

[Helen glares at Ellenor]

Ellenor Frutt: You enjoy it, Helen?

Helen Gamble: It didn't hurt.

[Doorbell rings. Helen is going to answer the door]

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[Walking out of the courtroom for a break. But suddenly there was Bobby who wanted to owe an apology to Helen]

Bobby Donnell: I'm sorry.

Helen Gamble: Yeah.

Bobby Donnell: I know how close you two were, and... I'm sorry for your loss, and I'm sorry for being an accomplice in his death.

Helen Gamble: Bobby, you weren't an accomplice.

Bobby Donnell: There's no more denying that, Helen.

Helen Gamble: You're a defense attorney.

Bobby Donnell: Yeah. The magic words, I guess, to check your conscience at the door.

[They both felt miserable in the loss of the late Assistant D.A. Richard Bay. And now he's gone]

Bobby Donnell: I'm so sorry for your loss.

Helen Gamble: You okay?

Bobby Donnell: No.

[Bobby is not okay. They were consoled in their grievances]

Helen Gamble: Oh.

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