The Guardian (2001) s03e22 Episode Script

Walter.
Hey, it's Nick Fallin.
I think it's time we sat down and talked about working together.
How about tomorrow? Great.
Great.
Thanks, Walter.
Bye.
[Telephone rings.]
Nick Fallin.
Right.
Yeah, I'll be right there.
Hey.
What did the doctor say? He wants to perform a C-section.
Why? The baby's heartbeat's irregular.
Is it really necessary? Lulu, you're 35 weeks.
The doctor's concerned, Nick.
I'm spotting and the heart rate is fluctuating, and he just doesn't want to wait any longer.
Lulu.
You don't have to do anything that you don't want to do.
I know, I know.
But I'm scared, Nick, and I don't want anything to happen to the baby.
It's time to go, sweetheart.
Are you coming? Yeah.
~ There is trouble in my mind ~ ~ There is dark ~ ~ There's dark and there is light ~ ~ There is no order ~ ~ There is chaos and there is crime ~ ~ There is no one home tonight ~ ~ In the empire in my mind ~ Mr.
Fallin? Dr.
Brem.
Nice to meet you.
I work with a lot of Down Syndrome babies, so if you have any questions Thank you.
We checked her heart.
The echocardiogram looked good.
Her APGARs are normal.
She's just low birth weight.
So we'll leave her in the isolette until she gets up to five pounds.
How long will that be? Three or four days.
She's a healthy baby girl, Mr.
Fallin.
Congratulations.
- Hey.
- Hey.
How is she? She's great.
Is she crying? No.
No.
She's asleep.
When did they say that I can hold her? The doctor said that she could come out in three or four days.
- I want to hold her.
- I know.
I know.
No, I really want to.
I know.
What what happened with work? I got fired.
Oh.
I'm sorry.
I have a meeting with Walter McNeil later today.
He wants me to join his firm.
Oh? You know, I Could you do me a favor? LSP funding application.
I left it on my desk.
Just give it to, uh, Alvin.
Tell him that meeting is Friday.
Sure.
I'm really tired.
Congratulations.
What's her name? Uh, we don't really have one yet.
She, uh, she came kinda early.
That's wonderful.
You guys are gonna have so much fun.
Uh, you're not here by any chance to take a case or two.
No.
Because Alvin has kind of shut himself in his office.
Kind of? He has shut himself in his office, and I kind of have no idea what I'm doing here.
I have this detention hearing in front of Judge Frankel.
Any advice? Frankel? Yeah.
Get straight to the point.
Don't try to pull on his heartstrings because he doesn't care.
[Knocks on door.]
- Alvin.
- Hey.
Congratulations.
A baby girl.
Terrific.
Thanks.
Lulu wanted me to remind you about the meeting with the State Funding Board.
- Frontal lobe damage.
- What? Last night, after the Supreme Court refused to hear Taliek's case, I went back over his files looking for something, anything.
Frontal lobe damage? - The attack last year with a tire iron.
- Right.
The treating doctor made a notation that there was trauma to the cerebral cortex.
His public defender never entered it into his defense.
You can't be put to death if you have brain damage.
Well, Alvin, I just told Lulu I'd stop by.
She just wanted to make sure that you remembered the meeting with the Funding Board.
Would you help me move this stuff into the meeting room? - Hey.
- Hey.
[Sighs.]
Gretchen told me you were back here.
Yeah.
[Sighs.]
Oh, do you have a name yet? No.
Well, congratulations, son.
Thanks.
I heard you had a meeting with McNeil.
Word travels fast.
So it's true, huh? Yeah.
McNeil.
I always thought he was a little slick, but Well, he's fine.
He's fine.
Listen, son, I have about, uh, over to you.
- You're stepping down? - Well, I'm 71 years old, son.
But what about the partners? Well, as far as I'm concerned, I don't give a damn about the partners.
- So, you need help with this crap? - No, I got it.
You know, I could get a messenger to send over the rest of your stuff.
Great.
Nick.
Hey.
Congratulations.
Thanks.
- How's Lulu doing? - Fine.
Yeah.
Good.
Good.
Well, gosh, Nick, I'm just I'm just so happy for you guys.
Well, Jake, when you get a moment, send the Sklar Chemical file to my house.
Okay.
And, Nick, it's really great news about the baby.
Great.
Great.
Great.
So, uh, we've asked you a lot of questions.
Do you have any for us? No.
Well, Nick, if you're in, we're in.
Let's do it.
Great! Okay.
Well Welcome to the firm.
Thanks.
So, Nick, we've got John Clayton coming in tomorrow.
- I used to represent him - I know.
- Is that a problem? - No.
It's great.
You know his foibles.
Yes, I do.
We need a little help selling his company.
So, if you don't mind? - No, I don't mind.
- Good.
[Laughs.]
This is gonna be fun, Nick! You know, working together.
Right.
Yeah.
It'll be fun.
It will be.
Yeah.
She's sleeping.
How's the baby? So, I got a problem.
Taliek Allen's got ten days before they execute him.
So I have to file a petition for relief with the trial court and the Pennsylvania Supreme Court today.
Good luck.
Plus supporting memoranda.
- That's a lot of work.
- I can't do it alone.
Alvin, Lulu's just had a baby.
I've just started a new job.
I can't do it alone.
Taliek got his greeting's letter yesterday.
Greetings? "Greetings from the Commonwealth of Pennsylvania.
Your execution day has been scheduled.
" Greetings? That's the way it starts.
You ever been to South America? No.
I've been thinking about going to Antarctica.
What does that have to do with South America? You gotta fly to Chile to get to the South Pole.
Oh.
I contacted this cruise company.
They send a ship with an icebreaker on the bow.
Just cuts right through the ice.
Supposed to be incredible.
I've got good news.
You have a frontal lobe injury.
When you were hospitalized after the attack, one of your doctors stated that you had brain damage.
What's that mean? It means we have a defense, a defense your public defender should've brought up during your trial.
Oh, you can get me out of here? Well, I think we can keep you alive.
We're filing motions with the courts asking them to consider this new evidence.
I thought you said they already rejected us.
That was before they knew about this.
- And they'll hear you now? - That's the hope.
If they don't? Then we have to prepare for the Board of Pardons.
[Sighs.]
That's where they make you beg for your life, right? Well, you have to write a statement convincing them that you should live.
That's why I brought Nick.
I have to make sure those motions get filed.
Nick's gonna stay and help you with your statement.
Here are the guidelines.
Hang in there, Taliek.
[Door buzzer.]
You definitely don't like Margaret? Not really.
And you don't like Sophia? Well, I like it better than Margaret.
You don't like either one? [Sighs.]
I don't know.
Well, do you have any ideas? I'd like to name her after my mother.
Did you hear what I said? Did you read that stuff that the social worker dropped off? Yeah.
This baby just needs so much attention.
There's just no way that we can just hand her off to anyone.
Can we talk about this later? Sure.
Wow, it's so different.
Hey.
It's like a whole new you.
What are you doing here? How does $51,000 a year, no corporate credit cards, pay your own parking, and 70-hour weeks sound? Like crap.
Would you like to be head of Legal Services of Pittsburgh? What? Lulu wants to work part-time.
- She does? - Called me this morning.
Told me to start looking for a replacement.
Well, she didn't say anything to me.
You interested? No.
- Why not? - I have a job.
This? Right.
This.
Right.
[Sighs.]
How's Taliek's statement going? Fine.
Fine.
Okay.
You need to, in your own words, state the details of the crime for which you're requesting a pardon.
They already know what happened.
Yeah, I'm just filling out the form.
So I need your words.
I shot those guys.
Go on.
I got beat with a pipe.
I lost my baby.
A lot a people looking the other way, so I just got my gun and went up there.
I don't know why I did it, man, I don't.
All right.
In your words, why do you believe that your plea for mercy should be granted? 'Cause I don't want to die.
No, Taliek, that's just not gonna work.
What am I supposed to say, huh? Look, why are we even doing this? I'm just gonna lose.
You don't know that.
You know, I remember the last time you tried to help me.
Your heart wasn't in it, not even a little, and we lost.
Yeah, you didn't give a damn about it.
See, you just talked and talked and talked, but there was nothing happening behind your eyes.
In your words, why should your plea for mercy be granted? - You want me to die? - No, I don't.
- Why? - It's not about me, Taliek.
It is now, since you're the one who's gotta fight for my life.
You know, why don't you just take a little time and think about this.
Look, I don't have much, you know, for myself.
Except for one thing, man.
That's my pride.
So if you don't think we can do this thing, just tell me now, instead of wasting your time and mine doing something you don't want to do.
Be honest.
You don't think we can win this thing.
You have very little chance, okay? So, in your words Then what's the point, man! Why are you Hey, I'm ready to roll.
You guys talked me into taking this thing.
I mean, I wanted 27 million, and you talked me into taking 24.
So, I'm out three million there.
And now this? You gotta be kidding me.
It is customary for the seller to pay for any environmental clean-up.
It's $22,000.
[Nick.]
Right.
[McNeil.]
The buyer's adamant about this.
So is the seller.
Excuse me.
Mr.
Fallin? I am so sorry, but there's a Mr.
Masterson waiting for you.
He says it's literally a life or death situation.
Two minutes.
You agree to terms.
And in my book, those are the terms.
I mean, once you've agreed to the terms, you can't just change the terms.
The courts denied our claims.
- Did they give any reason? - They don't have to.
I'm sorry.
I went to tell Taliek.
He fired me.
He says you told him there's no point in trying any more.
- No, that's not what I said.
- What the hell did you say? Alvin, you wanted me to try and help the guy.
I did what you asked.
If he fires his lawyers, then, you know, what can I do? Right.
Well You know, I'm in the middle of a meeting Well, the thing is all that's left is a Board of Pardons hearing.
A prisoner can't represent himself.
So if he doesn't use us, he's dead.
But please, go back to your meeting.
I told that son of a bitch Phelps I would take the 24 million, but that's it.
No nickel and diming from signing to closing.
And I meant it.
I'm not shelling out another penny.
All right.
I'll call Phelps, tell him you refuse to pay for the environmental clean-up.
Good.
And tell him I don't appreciate the changing terms.
That's no way to do business.
Hey.
Really great to have you here, Nick.
- Hey.
- Hey.
How is she? She's good.
She was wide awake for a couple of hours.
She squeezed my finger really hard.
That's great.
You know, I left my address book on my desk in my office.
Could you please get it for me? - Sure.
- Thanks.
Alvin told me you're not going back to work.
Yeah.
Not full-time.
When did you decide that? Yesterday.
She needs me.
She needs me.
Well, I think you're making the right decision.
So, the woman from the administrative office came by with the birth certificate.
I haven't filled it out yet.
Well, I could do that for you.
No.
I wanted to talk to you about it first.
Right.
I think that because I am gonna have physical custody and, uh and because we're not married You want her to have your last name? Yeah.
I think I think so, yeah.
Well, I'm gonna go see her, so - Okay.
- Okay.
- Hi.
- Hey.
I'm representing this girl who wants to emancipate herself.
- Does she have a job yet? - No, not yet.
Well, unless she has a job, you won't win.
Antarctica.
When are you leaving? I'm not.
- Why not? - I have to work.
Well, you've missed your window, anyway.
- What do you mean? - Seasons.
South of the equator, they're the opposite.
It's freezing down there.
Even if you wanted to go.
- Where's your compassion? - What? Your compassion.
Where is it? I entrusted you to do one thing today.
One thing.
Help a condemned man.
Give him a little hope.
And what'd you do? Well, he asked me what his chances are, Alvin, so I decided to be honest with him.
I told him the truth.
Taliek Allen: Seven years old.
His father shoots himself in the head while Taliek is watching television.
Taliek Allen: Ten years old.
His mother abandons him.
Taliek Allen: 11 years old.
Arrested selling crack cocaine.
- I know the stories, Alvin.
- These aren't just stories, Nick.
This is a life.
How long were you with us? Were you even awake? Nick! Hey! Brad Fulton.
Uh, yeah, I know.
Glad you're helping out in the Clayton matter.
Oh, thank you.
John's my client.
I brought him in.
Right.
Just so you're real clear.
Great.
Glad you're helping out.
You and I should, uh, go get a drink sometime.
Oh, uh, talk to Phelps on the Clayton matter? - Not yet.
- Clayton's calling every hour.
All right.
I'll get on it.
- I know it's only 22 grand, but - I'll do it right now.
Chuck Phelps, please.
Chuck, hey.
Nick Fallin.
Listen, uh, I'm over at McNeil working with John Clayton.
Yeah.
You know, I was calling about the clean-up costs.
Oh, yeah, I understand perfectly.
But, uh Maybe we could meet somewhere in the middle.
Chuck, I'm just the messenger.
Chuck Chuck Yeah.
Nice, uh Nice talking to you, too.
Lulu.
Hey.
You know, I was thinking about the birth certificate.
Just do whatever the hell you want.
I'm not mad.
Fine.
Yeah.
All right.
Bye.
Jake Straka.
Sarah, you know who it is.
Just put him on the phone.
What, he wants me to hold? He wants me to hold? Sarah, you do not put me on ho [Jake.]
So, I've got a three-foot put for par on the 18th hole.
If I make it, Sullivan owes me 400 bucks but we lose a client.
So I try and miss it to the left, but I push it, and the damn ball goes in the hole.
- I need the Sklar file.
- Hey, Nick.
Sklar is my client, not yours.
They wrote you a letter requesting you transfer the files.
So transfer the damn files.
Okay, Nick.
I would really appreciate not being spoken to in this tone of voice.
Will you just shut up, move and get my file? - Hey, man.
- Okay.
Henderson.
Landed that one for you.
Fritz? Who brought that in the door, Jake? Look Nicholas! He's deliberately keeping my files.
He's trying to steal my clients.
He won't return any of my calls.
So you thought you'd come over here and and what? Well, I wanted my files back.
It's just business.
You would have done the same thing.
So how do you, uh How do you like this new firm you're working with? It's fine.
You see yourself doing business with McNeil for a long period of time? Yeah, that's the hope.
Yeah, right.
Well, what's the problem? Just wondering about your choice.
- Well, I didn't really have one.
- You don't think so? - Dad, what are you trying to say? - I'm just wondering about your choice.
Well, like I said, Dad, I didn't really have one.
[Door buzzer.]
[Door buzzer.]
I can't promise you that we will win.
But I can promise you that we will represent you to the best of our abilities.
I can't do any better than that.
The hearing starts in two hours.
You let me know what you want us to do.
Taliek Allen killed two people.
He doesn't deny that.
But let's not kid ourselves.
Taliek Allen's a victim, too.
A victim of indifference, of laziness, prejudice and stupidity.
Dr.
Michael Cashman of Pittsburgh Memorial Hospital diagnosed Taliek Allen on November 24, 2003, with, and I quote, "significant frontal lobe damage.
" His frontal lobe, the part of his brain that controls his impulses and his actions, is flawed, and yet his lawyer never mentioned this.
Had Taliek been adequately represented at trial, his lawyer would have, no doubt, introduced this medical fact, and the jury would have, no doubt, chosen not to sentence him to death.
Ladies and gentlemen, you have no choice but to grant him clemency.
Taliek Allen was tried by a jury of his peers, convicted of brutally murdering two innocent people and sentenced to death.
That sentence has been upheld by every court to which he has appealed.
There are new facts, new evidence.
It's not the Board of Pardons job to consider evidence that the courts have refused to hear.
I have evidence that proves that Taliek Allen has brain damage.
Thank you, Mr.
Masterson.
We'll put it to a vote.
No to clemency.
No.
No.
- No.
- No.
Clemency is denied.
How the hell can you sentence somebody to death when you don't even know if they knew what they were doing? You had your chance to speak, Mr.
Masterson.
He has brain damage! He has brain damage! He could have been acquitted had this fact come out at trial! He could've been acquit He could've been acquitted.
Why is Bergstrom even on the Board of Pardons? He was appointed by the governor.
It's all political.
He's biased.
He's a party opponent.
I mean, his office practically prosecuted Taliek.
Taliek was just denied his constitutional right to due process.
That is the basis for our appeal.
[Nick.]
It all looks good.
Hey, Emily.
Oh.
State Court, District Court, Third Circuit? Yeah.
- I'll get them right over there.
- Thank you.
- [AIvin.]
Want to get some breakfast? - [Nick.]
I'm already late for work.
Thank you, Nick.
No problem.
I'll go to 11.
John, I think the problem is they're not prepared to tender any payment.
Then the deal's off.
Sorry.
I was, uh Sorry.
Nick, when you spoke with Phelps, did you get a sense that he might compromise on this? No.
You'll call him again? Phelps? I think if you tell him how serious I am, he'll be You're telling me that you're willing to walk away from $24 million over a $22,000 clean-up bill? I just told Walter I'll go to 11.
So you're willing to walk away over $11,000? Yes.
Forgive me, John, but, uh It was your company that contaminated the soil in the first place.
I mean, all the buyer wants is for you to fix it.
It's the principle.
We've worked together before.
It's not the principle with you.
It's about the $11,000.
At least admit that.
Nick, for God's sake.
It is the principle.
It is about the principle.
You know, I l I don't think this place is gonna work out for me.
I'm I'm sorry, Walter.
- Hey.
- Hi.
I'm fine now.
Thanks a lot.
Thank you.
Lulu, I just want you to know I'm gonna be the best father I can be.
I know that.
Just hear me out.
I guess, uh When you said you wanted her to have your last name, I realized what that meant.
I think you're reading too much into it, Nick.
No, I don't think I am, Lulu.
You want the baby to have your last name because because you don't want to have mine.
Am I right? Lulu? Yes.
That's right.
I really wanted to make this work, Nick.
You know, I But there's just something, um, just something It's okay.
You don't have to tell me.
It's just how you feel.
Yeah, it's just how I feel.
It's okay.
Give her your name.
It's not gonna change the way I feel about her.
Thank you.
Well, I'm gonna go see her.
Nicholas.
Dad.
Come and see your granddaughter.
Oh, good.
She's beautiful, Nicholas.
You know, it's gonna be It's gonna be hard.
I know.
I know.
Yeah.
She is beautiful.
Yeah.
I stepped down today.
Of counsel? Yeah.
So I'm gonna have a lot of time to be with her.
That'll be great.
I was thinking it might be nice if we had Sunday dinner every week.
Sure.
You and me and Lulu and her.
[Chuckles.]
Right.
Yeah, that'll be nice.
[Crying.]
[Crying stops.]
What? What? Nothing.
- Any news? - No, not yet.
What's going on? I just thought you might want to go get something to eat.
I gotta wait for the call.
Yeah.
You ready for the funding meeting tomorrow? Yeah.
That.
Been thinking about merging this place with the Children's Project.
- Kate Shaw's place? - Yeah.
I've only got so much time left, Nick.
I've given this place most of my life.
I got things to do before I, you know move on.
How you feeling? Well, my fingers get numb, tingle.
I fall down sometimes.
Yeah.
I knew it was coming.
It's just, uh It's not as scary.
That it's happening.
Well, if you hear, call me.
Anne.
It's a good name.
Thank you.
[Cell phone rings.]
Sorry.
It's Alvin.
Hello? [Knocks on window.]
The courts rejected our petitions.
Did you tell him yet? Well, you should tell him.
He's my last case.
- What are you talking about? - I think so.
- Oh, come on, Alvin.
- No, It's not because we lost.
It's time for me to do some other things.
Would you tell him for me? Yeah, sure.
Thank you.
You're a better man than you think you are.
Thank you.
Remember that.
All right.
- Are you all right? - Yeah.
Sorry.
Emotional.
All right.
[Door buzzer.]
Morning.
Morning.
Thank you.
~~ [soft music playing.]
Can I get you anything else to drink? Another coffee or water or something? [Man.]
No, thank you.
[Woman.]
No, thank you.
Excuse me.
Nick? - Do you know where Alvin is? - He's not here? No.
He left this note: "Gone to Antarctica.
" - It's weird, isn't it? - No.
Well, I've got the people from the State Funding Board waiting.
- Right.
- I don't know what to say to them.
I'm sorry for the delay.
Is Alvin coming or not? No.
Alvin won't be coming to this meeting.
No, no, no, please.
I'm here.
I'd like to talk to you.
Who are you? My name's Nick Fallin.
Are you in charge here? Yes.
Yes, I am.
- Since when? - Since, uh Well, I just started.
Would you like to take a seat, please? [Clears throat.]
So, Mr.
Fallen? Fallin.
Mr.
Fallin, what are your needs? Money and a lot of it.
We have over 5,000 clients here, and if we're not careful, most of them will wind up on the wrong end of the legal system.
Those of you that don't already know, the mission of Legal Services of Pittsburgh is simple: To provide quality legal representation and advocacy assistance to children and to the indigent.
Our annual budget last year was a little over a million dollars.
We are hoping that this year you will pay for at least half of that.
Federal budget cuts are forcing us to find new sources of funding.
A 10% increase on your part would make a world of difference.