All language subtitles for Law.and.Order.S04E14.Censure.1994.DVDRip.x264-TVV_track3_[eng]-en

(male narrator)
In the criminal
justice system...

the people are represented
by two separate
yet equally important groups:

the police
who investigate crime...

and the district attorneys
who prosecute the offenders.

These are their stories.

[horns blaring]

Definitely the Dior.
Show some flesh,
break some hearts.

My ex is invited.
Good. Punish him.

[laughing]

Your delivery man's
a trusting soul.

Dan's ordering
from CabeIa's again.

All those hunting outfits.
Is he actually ever going to
step foot in the woods?

Laura, Mommy's home.

Auntie Sarrie's
got something for you.

She's probably
in the back with Olivia.

This is Miss Pinky,
her favorite doII.

Neighbor must have found it
on the walk.

Laura.

She's probably
still at the zoo
with her class.

Yeah.

Olivia?

I remember trying
to drag Susie away
from the elephant ride.

(Janet)
I remember that day.

Hmm.

Looks like
you're out of vodka. Gin okay?
Yeah, sure.

(Rudman on answering machine)
Hi, honey, it’s me.
I’m at the office. Call me.

[beeps]

(man on answering machine)
How much the child resembles
the pretty doll.

So loving and trusting.

Did she enjoy the animals
at the zoo?

Does she miss her doll,
do you think?

Does she want her mother now,
do you think?

Call the school.

Come on.

Hi, this is Janet Rudman.
Has Olivia picked up
Laura yet today?

WeII, about when was that?
Thanks.

She picked her up
over two hours ago.
Dial 911.

We're checking every route
between here and the school.

How long has Olivia
worked for you?

She's been with us
for four years.
She's absolutely reliable.

(Olivia)
Wasn't that fun?
Laura.

(Laura)
Yeah, I can't wait
to tell Mommy and Daddy.

Oh, my God. Honey,
where have you been?

She saw Barney
in the FAO Schwartz window
and she wouldn't leave...

until she said hello
to Barney.
Is something wrong?

No. Everything's all right.

It's over.

My guess, it's not over
for the guy
that made that call.

They're taught to hold hands,
to keep in sight of a teacher
at all times.

Fine, did you see her talking
to anybody?

Twenty-two kids
and I have to explain
why a leopard has spots.

I liked the polar bears
the best.

They have their own pool.

I didn't know bears
could swim, did you?

No, I didn't, honey.
Did Miss Pinky like the zoo?

She said she liked
the penguins the best.

But Miss Pinky was bad.
She got lost.

How'd she get lost?

I don't know.
Maybe she went with the man
in the spaceman hat.

The spaceman hat?

It was shiny and silver.
Like his glasses.
I could see myself in them.

Did you talk to this man?

He said he liked the monkeys
the best. He was a nice man.

After he finished talking
to you, what did he do?

He got on a silver bicycle.
Maybe I let him
hold Miss Pinky.

I can't remember.

(Briscoe)
The kid wasn't scared.

Yeah, well, pedophiles
relate real well to kids.

Why did Laura talk to this guy
in the first place?

I mean, kids are supposed
to know better than to talk
to absolute strangers.

You think she knew him?

Or he just seemed familiar,
maybe. Like if he knew
Miss Pinky's name.

Pedophiles don't advertise
on answering machines.

He would have hit on her
long before he called mom.

This guy knew
Rudman's private number.

Knew their routine.
Maybe he knows mom.

[people chattering]

Bicycle, mirrored glasses?
No.

With most of our friends,
it's tennis or squash.

Well, besides them,
who would have access
to your private number?

My husband has
over 300 employees.

Every one ofthem
could get that number.

All right,
what about this place?

We have 40 on staff.

Anybody been fired
recently?

We had cutbacks
earlier this year.

Well, did any ofthem take it
particularly hard?

Everybody. But I don't think
anyone blamed me.

You know,
I did get a nasty note.

Ron Blocker in Acquisitions.

I don't know about glasses,
but he was into fitness.

Rode a bike to work
every day.

Janet Rudman kept
her no-talent sycophants.

I got the axe.
Certainly I was miffed.

Just how miffed were you,
Ronny?

I thought of suing.
I had a case.

It was clear discrimination.

So instead of getting
a lawyer,
you sent a nasty note?

She told you about that?

(Briscoe)
So, Ronny,
do you own a bicycle?

Owned a Mongoose.

Hey, those are silver,
aren't they?

Polished aluminum
with full suspension.
Somebody stole it.

Let's talk a little bit
about your schedule last week.

Yeah, like Tuesday.
Were you out and about...

or did things around here
keep you busy
all day by yourself?

Busy, yes. Here, no.
Familiar with
the Kalmus Gallery?

Very successful exhibition
of my own works.

Black tie, very chic,
very intime.

Pity you couldn't have
been there.

But it was by invitation only.

Well,
if this doesn't check out...

we'll be sending you
an invitation, too.

Not very chic,
but very intime.

Blocker's got a perfect alibi.

Fifty guests put him at
his gallery from dawn to dusk
on the day of the zoo trip.

What about
Mr. Rudman's employees?

Any ofthem
victims of the recession?

They're all present
and accounted for.
We checked his clients.

There's nothing there.

Mike, line two.

[people chattering]

Thanks. Logan. Yeah.

When did it arrive?

Okay. Yeah. No.
Don't touch it. Thanks.

Janet Rudman just received
a package with a demand.

$20,000 or he takes the kid.

"11:00, tomorrow.
Bethesda Fountain,
near the underpass.

"Bring $20,000.
No cops. No tricks."

It came through the mail slot
while we were out.

Olivia was upstairs.
She didn't hear anything.

It was wrapped around this.

[car honking]

[chattering]

[children laughing]

[cars honking]

(man)
It could have been then.

A turned head,
a moment’s distraction.

She could be taken so easily.

[bell ringing]
[garbled]
She could be taken so easily.

Black sedan.
Did you make out the model?

She cannot go to Central Park.
Anything could happen.

What else can we do?
I cannot live with this.

Bethesda Fountain.
Good visibility,
controlled access.

It'll be okay.
We can make it work.

[sighs]

[church bell tolling]

[birds chirping]

[dog barking]

[car horn honking]

[people chattering]

If you read me,
give me a sign, Lennie.

[telephone ringing]

Yes.

Please, yes.

Yes, I see it.

Trash basket,
northwest corner.

Wait for it.

False alarm.

Follow him, Walsh.

On my command.

Go.

You have the right
to remain silent.

Anything you do say can
and will be used against you
in a court of law.

(officer)
Detective?
Thanks.

Blanchard, John, 47.
No known address.

He pulled off
a scam like this?

Dis con, fraudulent accosting,
jostling...

misdemeanor assault.

Mr. Blanchard seems to be
expanding his horizons.

Was it drugs? Don't tell me.
I don't want to know.

It's not about drugs,
Mr. Blanchard.

Hey, I was running
an errand anyway.

Yeah, so,
now you're a bonded messenger?

Look, a guy
in Central Park West,
he's in a car.

He gives me $20 to pick up
an envelope. Says he can't
do it. He's at a hydrant.

So, what did he look like,
this guy?

Andrew Jackson.
I looked at the $20, not him.

He was wearing wraparounds.

(Briscoe)
What were you supposed to do
with the envelope?

Take it back to the guy
in the car.

What did the car look like?

Big, four doors.
I don't know from models.

You know from color?

Black, big American car.
New, you know?

This guy was no bum.
Am I in trouble here?

You're starting to dig
your way out of it.

Give us some more
about the car.

I don't know nothing else.

Don't screw up now, Blanchard.
I'm so close to believing you.

Wait, on the window
was a sticker.

What did it say?

It was a face turned sideways.

A profile? Like on a coin?

Yeah. A sideways face,
like on a nickel.

It could've been
an Indian or one ofthose
Roman soldiers.

That ought to narrow it down.

A parking sticker
for a club?

When I parked cars
at the Atwater,
they had a pilgrim.

Hey, Lennie,
here's one for you.
The Century Club.

"Serving the social needs
of those who have achieved
their second century."

The emblem
is a Roman centurion.

Over a hundred
and they're still mixing
it up? Forget that one.

Look at that.
The Pequot Club.

The symbol is the profile
of an Indian chief.

Let's try it.

This is good
but I prefer the thick crust.

We'll pass it on to the chef.

Hey, Blanchard,
you ever see this before?

Yeah. I think you got it.

Yes, we are members
ofthe Pequot Club.

I find it hard to believe
that we've been having dinner
next to that...

creature on the phone.

Life can be
full of surprises.

Now the DMV computers
spit out...

72 black sedans registered
to members ofthat club.

We've circled their names.

What reason would those people
possibly have for hurting us?

Now, here's
the Commissioner of Police.

Detectives, I think
you're clutching at straws.

Look, if you could think
of anybody...

and I mean anybody
that might have a grudge
against you.

I don't care
if it was a poker debt.

Jeffrey Starke.

I put him into bonds.
He was mad. He felt he should
have gone with T-bills.

He canceled his account,
but that was months ago.

The Starkes have been
in Tuscany since September.

Look, this is absurd.
These people are our friends.

All but one ofthem.

You get the feeling
they don't like us
the closer we get to home?

Yeah, it was okay
when it was some skell.

But they don't like it
when it's
one oftheir own circle.

Yo, yeah.

Okay. Tell them
we're gonna be right there.

Forensics got something
offthe video.

(Spiros)
Listen.

[tape whirring]

Hansom cab, Columbus Circle.
What do I win?

(man)
Could have been then.

The ambient noise is gone.
This part ofthe tape
has been degaussed...

by direct overdubbing.

(Briscoe)
Could we have that again
in English?

I cut my teeth on forty-fives
and Fats Domino.

He laid the audio track in
after he shot the footage.

Today's home equipment's
very sophisticated.

Can you lift it off?

[garbled]
It could have been then.

A turned head,
a moment’s distraction.

She could be taken so easily.

Almost human.

[tape whirring]

A moment’s distraction.

She could be taken so easily.

That's as good as it's going
to get on the voice,
gentlemen.

Can you play
just the background again,
without the voice?

Mmm-hmm.

[bell ringing]

Some kind of a bell?

Six bells.

3:00 naval time.
He's got a naval clock.

Play it one more time.

[tape whirring]

[bell ringing]

[water lapping]

And water lapping.

A boat?

Fiberglass, you can tell
by the sound ofthe water
on the hull.

A search warrant? With this?
You can't be serious.

Hey, all three are members
ofthe Pequot Club...

and this was recorded
on a boat.

A fiberglass boat...

of which each ofthese guys
is a proud owner.

And the black sedan?

Two ofthem own
little sports jobs,
one's got a Range Rover...

but the sedan could be rented.
We're checking on that now.

The first guy is
a big-time proctologist.
$6,000 a peek.

Second's a client
of Dan Rudman's.
Owns an investment bank.

Number three
is one of our leading jurists.

Yeah, Judge Thayer.
He's also a close friend
ofthe Rudman family.

(Logan)
Yeah, Van Buren says he's
pushing the investigation.

I have to go.

I have an appointment.
Excuse me.

Something I said?

I was a clerk in his court,
Ben, for two years.

So were half a dozen others
in this office. What about it?

Ijust feel before it goes
any further, I should be taken
offthe case.

(Stone)
Why? I don't think
we even have a case.

All right, so Thayer,
he's a friend ofthe Rudmans.

He owns a boat
and he's a member
ofthe Pequot Club.

What about it?

He's also a respected member
ofthe appellate court.

I know he wrote you
a glowing recommendation
to this office.

I read it and I respect
your loyalty.

Ijust don't want
any suggestion of impropriety.

Why?
Because you worked with him?

I've had dinner
with he and his wife, so what?

The best thing we can do
for this office
and for Judge Thayer...

is to decide whether
we're going to proceed
with this case or not.

So, we try our eyewitness?

No, I am not keen
about the testimony
of a 5-year-old.

Put Blanchard
through a photo ID...

and if he can't pick out
Thayer's face...

then this entire conversation
is moot.
Yeah.

Until we have a deal in place,
my client doesn't recognize
his own mother.

Then let's just send him back
to the bed-and-breakfast...

to serve out his open cases.

Wait a minute.
I'm here to cooperate.
If I can ID this guy, I will.

Shut up.

What's in it
for Mr. Blanchard?
A walk...

when he picks the right face
out ofthe array.

What if I don't?
It's worth your while to try.

That's him, I think.

It's him. That's the guy.

You guys did real good.
That's him.

This is ajoke, right?

What's Thayer's picture
even doing here?

Just be absolutely certain,
Mr. Blanchard.

It's him.

I don't care who picked
his face out of a precinct
family album.

I had lunch with Thayer
the day after he came in
with Rudman.

Makes absolutely no sense
at all.

I've seen cases made
without motive.

It's an element in this one
and I'm not going
to move without it.

It better be
a damned good one.

A friend at the station
just called to warn me.

It's out.
Brother.

Who do we pay around here
to keep things private?

I can’t comment on the extent
of Judge Thayer’s
involvement--

(Schiff)
Who the hell is that?

(Kincaid)
Art Diamond,
Blanchard's attorney.

The allegations, if true,
make this reporter wonder wh y
no arrest has been made.

Do the close ties between
Judge Thayer and Adam Schiff
prevent--

Twenty-five years
on the bench.

Cheap shots from a pip-squeak.

Olivet gave some
pretty convincing reasons
for Thayer's behavior.

Yeah. Psycho gibberish.

Always the best refuge
for a weak prosecution.

The longer we do nothing,
the more it looks like
we have something to hide.

I know, Ben. I know.

[phone buzzing]

Call him in chambers.

So he can surrender himself.

[people clamoring]

I did nothing wrong,
as the evidence will show.

Judge Thayer, will you resign?
Absolutely not.

The person described
in these charges is a madman.

They hardly fit
a respected member
ofthe appellate court.

Then why would the DA
bring these charges?

No comment.
You'll have your answer
soon enough.

The first order of business
is to have
these charges dismissed.

Judge Thayer,
one more question--
No more.

That's Arthur Gold's entire
modus operandi.

He plants the idea
that what we're doing is
persecution, not prosecution.

Right.

Next, he'll cite
the number oftimes
that Thayer has reversed you.

I don't think
this has to do with Ben.
It has to do with me.

I had a prior
working relationship
with Thayer.

Really? Doing what?
I was his clerk.

(Schiff)
And?

Then what's the problem,
Ms. Kincaid?

I had an affair with him.

Well, that's just dandy.

You had an affair?
Why the hell
didn't you tell me this?

I told you
to take me off the case.

I would have
if I'd known this.

I hoped there was some part
of my personal life
I could keep personal.

Great.

The media gets a hold ofthis.
This is beautiful.
Absolutely exquisite.

Obviously, this is
partly my fault.
If I'd known the reason....

How the hell
do we keep a lid on this?

[papers rustling]

Maybe this will help.

It's my letter of resignation.
Effective immediately.

Now, just a minute....

I'll type out
a formal version
in the morning.

(Gold)
Quick disposition, Ben.

Every minute these charges
linger is a cloud over
my client's good name.

I'll consider
a reduced sentence. That's it.

Ben, go to bed
and get up again.

Are you suggesting
that your client did not
make Mrs. Rudman's life hell?

Tough to sell extortion
to ajury...

when the complainant appears
as a character witness
for the defense.

Yeah, Mrs. Rudman
has expressed
absolute willingness...

to testify on behalf
of her dear friend.

Mr. Thayer,
there's the little matter
of an eyewitness.

Mr. Blanchard picked
your photo out
on the first pass.

Maybe you should speak to
Ms. Kincaid.
About what?

Motion to suppress
the photo ID.

Unless I missed a ruling
from the nine wise souls
in DC...

Simmons v. US still controls.

"The photographic array was so
impermissibly suggestive...

"as to give rise
to a substantial likelihood...

"of misidentification."

You're suggesting
that we rigged the ID?

Not you, Ben. Claire Kincaid.
See you in chambers.

What she said
was that one ofthe men
in the photos...

was, in fact, the suspect.

I see in
Mr. Blanchard's affidavit...

that Ms. Kincaid
promised him consideration...

"when he picks the right face
out ofthe book."

Ms. Kincaid's statement
is open to wide
interpretation, Your Honor.

But what Mr. Blanchard read
into it was neither stated
nor even implied.

(Gold)
How do we know
what was stated?

There was no recorder present.

She implied
that an identification
was inevitable.

According to Blanchard.

Well, Blanchard
doesn't count?

Her statements
were directed at him.

I think it crosses
the line, Ben.

I think it merits
a suppression. The ID's out.

Your Honor, you do know--
Exception noted.

You fumbled the ball,
and Arthur Gold takes it
for a touchdown.

I don't agree.

I think we have
enough left for
a strong circumstantial case.

You go after big game,
you bring it down
with your first shot.

Everyjurist in the state
can't wait for this thing
to go away.

Yeah, and Thayer's ruled
on over 2,000 appeals.

And the minute
we take him down...

every one of those appeals
is called into question.

But if we back down now,
it looks like
we're bowing to pressure.

[knocking on door]

Yeah.

It's a service
for Ms. Kincaid.
I'll take it.

[door closing]

[sighing]

She's being
brought before
the disciplinary committee...

on charges of misconduct.

Now, why would Arthur Gold
want to waste his time
getting her disbarred?

(Stone)
It's not Gold. It's Thayer.

He says that she concocted
the whole thing...

because he had spurned...

her sexual advances.

There's actually something
to this?

Clerking for him
was my first job
out of law school.

Everyone wanted it,
and suddenly I was there.

And he reminded you
how lucky you were.
How you owed him.

No, he was much subtler
than that.

From the beginning,
he treated me like his peer.

He listened to my opinions.

He acted on my suggestions.
Smart.

He knew you had
an "A" student's ego.

He was smart.

He was also...

powerful and seductive.

Small intimate dinners,
but always related to work.

I was fool enough to believe
he really cared about me.

Finally, he invited me
to his boat...

where he stays
when it's too late
to commute to his home.

That's how it began.
How long did it last?

Three months.

You'll have to admit
all ofthis publicly, Claire.

I don't think I can.

If you don't,
you'll never get past it...

even if you can
practice law again.

Like any rookie prosecutor,
she paid her dues.

ECAB during holidays,
and night arraignment.

Were you satisfied
with her performance?
Absolutely.

She made Felony Assistant
in well under the usual time.

Are you aware
that the two investigating
detectives...

gave Ms. Kincaid
three possible suspects?
Yes, sir.

Excluding Mr. Thayer,
were the remaining
two suspects ever questioned?

No, sir.

Were photos ofthese two men
included in any photo array...

that was shown to
Mr. Blanchard?
No, sir.

Nothing further.

(Thayer)
For many years, I declined
to hire female law clerks.

I was concerned with
the appearance of propriety.

(Garnett)
What changed your mind, sir?
Colleagues pointed out...

that qualified women
candidates were being
denied opportunities.

Did there come a time
when you lifted your ban
on women as clerks?

On general assignment
clerks of the court, yes.

Ms. Kincaid proved
an able attorney.

She was bright, aggressive.

In fact, she sought
a heavier caseload.

Did you have occasion
to assign Ms. Kincaid
to any of your own matters?

I did, and I was pleased
with her performance,
at first.

But then,
a situation developed.
How so?

Ms. Kincaid was constantly
asking about my marriage...

whether my wife
and I were happy.

It became obvious
that she was attracted to me.

How did she make it obvious?
One evening,
we were working late...

and she was standing
next to me.
She began to kiss my neck.

I asked her to stop.
How did Ms. Kincaid react?

She stopped
but her advances continued.

The more I refused,
the more threatening
she became.

Threatening? How?
She threatened
to tell my wife...

that we were having an affair.
How long
did this behavior continue?

I suggested that she join
the District Attorney's
office...

before the completion
of her full term.

I wanted to get rid of her.

I was very relieved
when she made her move.

Ms. Kincaid made
sexual overtures...

threatened your reputation,
yet you didn't fire her?

My attorney was concerned
that this would result...

in a gender discrimination
suit.

Well, did you discuss
the matter with anyone else?

My attorney
and my own clerk.

But I never referred
to Ms. Kincaid by name.

How convenient.
(Garnett)
Objection.

Withdrawn.

He taught me to think
like a lawyer.
Simply, concisely...

so that logic
isn't lost in the noise.

Anything else?
Never to avoid a tough call.

And the decision
to indict Mr. Thayer,
whose was that?

It was Ben Stone's.

I believed the evidence
supported the charges.
I still do.

Have you been on board
the Barbara Allen,
Ms. Kincaid?

Yes. He invited me
several times for dinner.

Working dinners?
No, romantic dinners.

Did you sleep
with Judge Thayer?
Objection.

Overruled.

Yes, I did.

Who initiated the affair,
Ms. Kincaid?

Thayer did,
but in all fairness,
I permitted it to continue.

Over what period oftime?

It lasted for three months.

Who ended it?

I did. I saw the effect
it was having on Joel
and myself.

Please explain.

He became very possessive,
unreasonable...

and when I wanted
to break it off,
he became threatening.

And the fact
that you considered...

Judge Thayer unreasonable
and threatening...

is that what lead you
to taint evidence and pursue
a malicious prosecution?

No, my feelings had no bearing
on my conduct as a prosecutor.

Then you're a better person
than I am, Ms. Kincaid.

Well, frankly, I'm glad
they only censured you.

I thought
you'd be disbarred.

[telephones ringing]
Ben, not only did that man lie
about me on the stand...

but censure still prevents me
from practicing law...

unless the committee
decides to lift it.

So you file
an immediate appeal.

You think
it's worth the paper?

[sighing]

It'll be reviewed
by Thayer's court.
You got to do something.

[ship horn blowing]

Well, what brings you?
The chance to gloat?

[seagulls crying]

I noticed the "for sale" sign
when I came aboard.

She'll bring half
of what I need
for my divorce attorney.

You weren't the best
I've ever had...

but you're proving to be
the most expensive.

So how will you make it up?
Janet Rudman?

Don't try some little game.
You still want her, don't you?

Hey, you want
real trouble?

What are you going
to threaten me with, Joel?

I'm a censured lawyer
and you're barely a judge.

You little bitch.
No husband
you could threaten to tell.

No child you could threaten
with harm.

That's right.
But I learned my lesson.

Now get the hell off my boat
and stay out of my life!

There are some things
I won't allow.

No, Joel.
There's just certain things
you can't control.

I understand
you've been censured.

Doesn't that mean
you have no right
to question me?

Yes.

Then I don't see
why we have
any reason to talk.

We've shared
a common problem.

Sleeping with Joel Thayer.
Joel warned me about you.

Yeah. He probably said that
I was out of control,
as opposed to you.

What the hell do you mean
saying these things?

I know you were having
an affair with him
and I know you wanted out.

That's when the things
started happening with Laura,
didn't they?

That is all past.
Just leave me alone.

It's all past because,
apparently,
you went back with him.

Now, did you want to?

Listen, you've been stupid,
I've been stupid.

I don't want to ruin
my marriage. Please,
don't do this to me.

Yeah, I was stupid,
but this isn't going to end
until you tell the truth.

You're desperate.

You just want to put him
in jail so you can restore
your reputation.

Yes, I want to restore
my reputation.
But what about yours?

What about your marriage?

[telephone ringing]

[people chattering]

What is this, ambush law?
Joel, keep your coat on.

I have nothing to hide.
What's she doing here?

(Stone)
Ms. Kincaid is a witness, sir.

We are re-presenting
our charges to the grand jury.

Janet, you can't possibly be
a part ofthis.

Joel, Iet'sjust
get out of here.

Mr. Thayer,
I'm giving you an opportunity
not to go to trial.

Let's go, Arthur.

Ben, I don't know
what you think you're up to,
but neither this one...

nor Ms. Kincaid
ever takes the stand.

[door slamming]

Arthur, you're swimming
in quicksand here.

Your client as much as
admitted his guilt
to Claire Kincaid.

Well, you can bet no jury
is ever going to hear
that testimony.

You want to lay odds?
I heard that, Arthur.

How much ofthis argument
took place in the hallway?

Your Honor, when Ms. Kincaid
interrogated my client...

he was still protected
by Miranda. He'd never waived
those rights.

Ergo, any statements he made
to Ms. Kincaid
are inadmissible.

And since Janet Rudman
came forward as a result
ofthose statements...

her testimony
is inadmissible, too.

At the very least, Ben,
I think you'd instruct
your assistants...

about questioning defendants
outside the presence
of their attorneys.

Your Honor, Claire,
she did this
on her own accord.

Our office never asked her
to talk to Thayer
or Ms. Rudman.

That doesn't even
pass the laugh test, Ben.

Claire Kincaid's
a member of your office.

She was. Prior to
the committee's censure,
she offered her resignation.

This is bootstrapping,
Your Honor.

Arthur, you're not playing
to ajury.

I assume you have proof
of Ms. Kincaid's resignation?

Yes, sir.
A letter dated four weeks ago.

Ms. Kincaid acted
as a private person...

and as such is unfettered
by the restraints
ofthe Miranda decision.

We met Joel Thayer
and his wife six years ago
on vacation in Barbados.

Did you become friends
with the Thayers?

We shared a social life,
we traveled together.

I always assumed that
we were very close friends.

(Stone)
At one point,
didn't you learn...

that Joel Thayer
had intimate relations
with your wife?

Yes. When Janet told me.

Objection. Hearsay.
No. I'll allow it.

Mr. Rudman,
how did you react
to this news?

I was furious
with my wife...

and devastated
at being deceived
by a supposed friend.

Did you ever come to terms
with this affair
that your wife was having?

I told my wife
that I could forgive
her adultery...

but that I could not tolerate
her continuing
to protect Joel Thayer...

after he had subjected us
to a campaign of terror.

Thank you. Your witness.

This alleged campaign
of terror...

you witnessed it yourself,
Mr. Rudman?

No--

So you simply accepted
your wife's version of events?

I believe my wife
is telling the truth.

Uh-huh.

How long was it that your wife
deceived you with Joel Thayer?

She said that they had
been involved for
a little over a year.

(Gold)
Thirteen, fourteen months...

during which time
she never told you anything
about the affair...

or the attacks?

No.

Isn't it true, sir,
that she confessed
this infidelity...

just as it was about to become
public knowledge?

Objection, Your Honor.
He is asking for
the declarant's state of mind.

Overruled.

I suppose so, yes.

In fact, you know so, sir.

[knocking on door]

Come in.

How's it going?

[sighing]

A circumstantial case
against Arthur Gold.

I've spoken to someone
who wants to be a witness.

Well, an addition
to the witness list
at this late date...

it means
a head-to-head with Gold.

Is this person worth it?

She's potentially devastating.

Your Honor,
we've received word...

that Mrs. Thayer
is willing to testify.

That's outrageous.
Her name was never
on the People's witness list.

We all know that your client
is protected
by spousal privilege.

You better have
something new, Counselor.

We've learned that
Mrs. Thayer was aware
of her husband's attempts...

to terrorize Janet Rudman.

I hold marital confidence
near and dear.

Nothing Mrs. Thayer says
can issue from communication
between husband and wife.

I understand, Your Honor.

Mrs. Thayer, without betraying
any confidences...

did you know that your husband
was having an affair?

I had suspicions.
What prompted
these suspicions?

Joel became erratic...

started missing appointments,
misplacing papers.

That sort ofthing.
Anything else?

In a strange way,
he became...

more affectionate, open.

He told me I was
the most important thing
in his life.

My husband usually had
a difficult time articulating
his emotions.

How did you respond to these
new displays of affection?

I loved it.
I tried to help him.

Keep things organized,
the way he liked them.

Did you organize things
on his boat?

I thought he'd begun
keeping a scrapbook.

There were clippings
from various magazines.

You could see where the words
had been cut out.
I put them away for him.

Are these the clippings,
marked People's Exhibit One
for identification...

that you found on the boat?
Yes.

Your Honor, request that
People's One be moved
into evidence.

Voir dire, I expect,
Counselor?
Yes, Your Honor.

Mrs. Thayer, are you saying
that only now...

do you realize
the significance
ofthese clippings?

I was a good wife to him.

As far as I'm concerned...

he deserves whatever he gets.

No objections, Your Honor.

Arthur, your client
has 30 years of IOU's
to pick up on.

We go in that courtroom,
the gloves are off.

Five years, suspended,
he resigns from the bench.

He gives up his license
to practice law,
three-to-nine.

Not a chance, Ben.
He has to have something
to come back to.

Except as
a criminal defendant...

he never sets foot
in a courtroom again.

No room in that cold,
prosecutor's heart
for a little compassion?

Yes, sir. I have compassion
for the criminal justice
system.

It deserves better
than Joel Thayer.

One-to-three on
attempt grand larceny two.
He maxes out in 18 months.

He allocutes to all the facts.
Full record.

You understand that your plea
has the same effect...

as ajury's verdict
of guilty?

Yes, Your Honor.

Do the People wish to enquire?
Yes, Your Honor.

Mr. Thayer, for the record,
please describe what happened.

I pursued Janet Rudman.

I wanted to see her.

(Stone)
In what manner
did you pursue her, sir?

I phoned her at her house.

I followed her on the street.

What did you do next, sir?
You have to understand...

that I was under
a lot of stress.

I wasn't myself.

Mr. Thayer, did you threaten
Mrs. Rudman's child?

Janet knows
I never meant any harm.

Your Honor,
this is insufficient.

Either the defendant allocutes
to all the elements
of each offense...

or the People withdraw
their plea offer.

I regret any distress
my actions may have caused.

Approach. You, too,
Mr. Thayer.

Your Honor, the defendant
is behaving as if someone else
performed these acts.

You want him
on his knees, Ben?
Walter--

Judge Schreiber to you.

Now, I've heard all
the dodging and weaving
I can take on this one.

You wore the same robe I do.

You know the drill.
Now, if you want to dance...

you can come back
and dance at a trial.
So, let's hear it.

All of it.

In an effort to convince...

Janet Rudman of my love...

ofthe sincerity
ofthat love--
Your Honor.

Describe your actions,
Mr. Thayer.

I just wanted to scare her.

If I scared her,
then she couldn't leave me.

She would always come to me,
always need me.

I never....
I never meant to hurt anyone.

(Stone)
Mr. Thayer, sir...

for the last time...

for the very last time...

did you threaten to harm...

Mrs. Rudman's child?

I require an answer.

Yes.