1
00:00:00,819 --> 00:00:02,280
Previously on L .A. Law.

2
00:00:02,480 --> 00:00:03,480
News on Victor.

3
00:00:04,100 --> 00:00:06,520
It looks like the brother will have
permanent brain damage.

4
00:00:06,820 --> 00:00:07,820
Oh, God.

5
00:00:08,119 --> 00:00:09,680
Guy who hit him registered .16.

6
00:00:09,980 --> 00:00:10,719
Drunk driver.

7
00:00:10,720 --> 00:00:12,620
Okay, I'm hereby granting your petition.

8
00:00:12,920 --> 00:00:15,020
The life support equipment shall be
disconnected.

9
00:00:15,520 --> 00:00:18,900
Well, if you were having an affair with
Rosalind Shays, would you tell anybody?

10
00:00:19,340 --> 00:00:20,800
You're sleeping with her.

11
00:00:21,310 --> 00:00:24,110
Please leave, Anne. I don't trust that
woman. For those of you who have been

12
00:00:24,110 --> 00:00:27,750
skipping page one for the last few
months, Miss Davis and her lover is

13
00:00:27,750 --> 00:00:29,710
with murdering her 72 -year -old
husband.

14
00:00:29,930 --> 00:00:32,150
The Beverly Hills Hangers. The very one.

15
00:00:32,650 --> 00:00:37,190
My last lawyer suggested I plead out.
That means either he thinks I'm guilty

16
00:00:37,190 --> 00:00:38,450
he doesn't think he can win.

17
00:00:38,710 --> 00:00:41,270
John Fryer's a pretty sharp defense
attorney.

18
00:00:41,490 --> 00:00:44,450
If he's telling me to admit to a crime I
didn't commit, Mr. Mullaney, he's not

19
00:00:44,450 --> 00:00:45,409
sharp enough.

20
00:00:45,410 --> 00:00:46,950
How would you describe her spirits?

21
00:00:47,310 --> 00:00:50,830
Her husband's dead. The police are
blaming her. You people are calling her

22
00:00:50,830 --> 00:00:52,450
hanging bitch every day in the papers.

23
00:00:52,790 --> 00:00:53,810
She is unhappy.

24
00:00:54,930 --> 00:00:59,270
I went in on this case, Michael, as much
as possible. Don't worry, Tommy. I got

25
00:00:59,270 --> 00:01:03,760
big plans for you. Good, because this
thing... Yeah, this is serious juice.

26
00:01:10,520 --> 00:01:12,140
Maybe you got the flu.

27
00:01:12,540 --> 00:01:13,540
It ain't the flu.

28
00:01:13,860 --> 00:01:14,920
It's just nerve.

29
00:01:15,220 --> 00:01:17,520
Big trials make me nauseous.

30
00:01:17,860 --> 00:01:18,860
No,

31
00:01:19,340 --> 00:01:20,560
no, Mike, I'm okay.

32
00:01:20,980 --> 00:01:22,680
I'm feeling better by the second.

33
00:01:23,740 --> 00:01:26,240
This is a good thing, you know? It means
that I'm ready.

34
00:01:26,540 --> 00:01:27,540
Yeah, but you look white.

35
00:01:29,340 --> 00:01:30,340
Gwen Hall.

36
00:01:30,640 --> 00:01:34,440
Best goalie in the history of hockey.
Used to puke before every game.

37
00:01:35,280 --> 00:01:37,060
Means you're ready. That's all. I'm
pumped.

38
00:01:37,880 --> 00:01:42,580
Okay. We're going to leave here at 10
.15. Oh, the judge said the cameras are

39
00:01:42,580 --> 00:01:43,720
okay in the courtroom. Great.

40
00:01:45,020 --> 00:01:46,180
You coming to the staff meeting?

41
00:01:46,420 --> 00:01:48,880
In a second. I just want to go over this
a couple more times.

42
00:03:54,410 --> 00:03:55,610
Okay, people, settle in.

43
00:03:56,230 --> 00:04:01,070
First up, happy birthday, Leland
McKenzie. Happy birthday.

44
00:04:01,390 --> 00:04:02,390
How old today?

45
00:04:02,530 --> 00:04:04,030
102. You look good.

46
00:04:04,390 --> 00:04:09,930
Thank you. First item, the big day is
finally upon us. Yes. People versus

47
00:04:09,930 --> 00:04:13,830
David. All right. We open in an hour.
We're ready to go. Excellent.

48
00:04:14,170 --> 00:04:18,070
We'll have a command post set up here in
the conference room. Any surprises come

49
00:04:18,070 --> 00:04:21,890
up at trial, we'll have lawyers ready to
jump. Great. We gonna win? We got a

50
00:04:21,890 --> 00:04:26,730
shot. I like our jury draw. I like Judge
Gates. Cook's one of the best DAs, but

51
00:04:26,730 --> 00:04:29,130
his case has holes. Keep him off guard
wherever you can.

52
00:04:29,410 --> 00:04:30,970
Disrupt his rhythm, he's less effective.

53
00:04:31,350 --> 00:04:34,310
And we held back a couple of motions in
limine just so we could spring the

54
00:04:34,310 --> 00:04:37,410
objections at the trial, put him back on
his heels a little. With all the

55
00:04:37,410 --> 00:04:39,430
publicity, we want that acquittal.

56
00:04:40,090 --> 00:04:43,950
Moving on. Leland, you're handling the
Cheever's prospectus. Ann and I go over

57
00:04:43,950 --> 00:04:46,970
the final draft tomorrow. It'll go out
to the client by Friday. Very good.

58
00:04:47,290 --> 00:04:49,630
Victor, any other cases you want
reassigned?

59
00:04:49,850 --> 00:04:51,230
Uh, no. I'm back.

60
00:04:51,860 --> 00:04:54,720
Fine. Again, let me reiterate everyone's
sympathy.

61
00:04:55,140 --> 00:04:57,180
If there's anything you need from us,
please don't hesitate.

62
00:04:57,520 --> 00:05:02,460
I just want to say that the support that
you've all been giving me is

63
00:05:02,460 --> 00:05:08,040
overwhelming, and I'll always be
grateful to all of you for that.

64
00:05:09,680 --> 00:05:10,680
Thanks.

65
00:05:20,540 --> 00:05:23,240
Miss Davis has no comment. No comment.

66
00:05:24,200 --> 00:05:31,080
Miss Davis is also not wearing her hair
back,

67
00:05:31,160 --> 00:05:32,480
contrary to previous reports.

68
00:05:32,920 --> 00:05:34,420
It was the perfect crime.

69
00:05:34,660 --> 00:05:40,460
The victim was despondent over cancer,
so he just strung himself up.

70
00:05:40,660 --> 00:05:45,900
Grieving, shocked widow discovers the
body, calls the police, everybody cries,

71
00:05:46,200 --> 00:05:49,480
the will gets probated, and Ricky
Davis...

72
00:05:50,219 --> 00:05:52,540
inherits $26 million.

73
00:05:55,840 --> 00:06:01,020
Now, I'm sure the original plan when she
married this 70 -year -old man with

74
00:06:01,020 --> 00:06:06,540
cancer was to just patiently wait out
his death. She had her lover on the

75
00:06:06,600 --> 00:06:08,840
It wasn't as if she was making much of a
sacrifice.

76
00:06:09,120 --> 00:06:13,820
But when Harold Davis suddenly decided
to divorce her, the game plan was

77
00:06:14,320 --> 00:06:19,520
She'd lose everything by virtue of a
prenuptial agreement, and she wasn't

78
00:06:19,520 --> 00:06:24,420
to let that happen. Oh, no. So she and
her lover, David Schaefer, motivated

79
00:06:24,420 --> 00:06:31,240
solely by greed, staged an apparent
suicide and hanged Harold Davis to his

80
00:06:31,240 --> 00:06:32,240
death.

81
00:06:34,260 --> 00:06:36,580
That's what the evidence will show,
ladies and gentlemen.

82
00:06:38,520 --> 00:06:42,760
Ricky Davis murdered her husband for his
money.

83
00:06:43,150 --> 00:06:44,590
It's as simple as that.

84
00:06:47,010 --> 00:06:48,150
Quiet, please.

85
00:06:49,750 --> 00:06:56,150
Ladies and gentlemen of the jury, my
name is Tommy Mullaney.

86
00:06:56,470 --> 00:07:01,530
My partner is Michael Cusack, and
together we represent that woman sitting

87
00:07:01,530 --> 00:07:03,770
there. Her name is Ricky Davis.

88
00:07:04,750 --> 00:07:10,190
Now, I'm sure you have read a lot about
this lady, and if you're reading the

89
00:07:10,190 --> 00:07:14,860
same papers as me, You gotta be
thinking, she's guilty.

90
00:07:15,780 --> 00:07:21,020
I know, I thought that. That day she
walked into our office for the first

91
00:07:21,200 --> 00:07:25,400
But then we began piecing together the
facts.

92
00:07:26,580 --> 00:07:30,700
Then, when she passed our lie detector
test... Objection!

93
00:07:31,320 --> 00:07:35,280
That's out of line. You know better than
that. The jury is to disregard that

94
00:07:35,280 --> 00:07:36,099
last remark.

95
00:07:36,100 --> 00:07:37,740
A polygraph test is not deemed reliable.

96
00:07:38,200 --> 00:07:40,100
You're to give that statement no weight
whatsoever.

97
00:07:40,970 --> 00:07:44,070
Mr. Mullaney, don't test me. I
apologize.

98
00:07:46,550 --> 00:07:53,470
You see, hanging is a very tricky thing.
It's easy for it to go wrong.

99
00:07:53,890 --> 00:07:56,870
Now, Ricky had access to his medication.

100
00:07:57,290 --> 00:07:59,390
She could have drugged him to death.

101
00:07:59,610 --> 00:08:05,590
She knew where he kept his gun. She had
easier ways to stage a suicide if that's

102
00:08:05,590 --> 00:08:06,610
what she wanted to do.

103
00:08:07,330 --> 00:08:09,090
But hanging him?

104
00:08:09,600 --> 00:08:10,600
That's tough.

105
00:08:10,940 --> 00:08:17,400
Why would she choose that? And why would
she discover the body with her lover

106
00:08:17,400 --> 00:08:19,820
and draw attention to her infidelity?

107
00:08:20,120 --> 00:08:23,460
Does that make sense to you? No, it's
too easy.

108
00:08:23,940 --> 00:08:28,000
I mean, sure, we got a dead guy. There's
no doubt about that.

109
00:08:28,460 --> 00:08:34,919
And we have got a defendant with a
motive. No argument there either. But

110
00:08:34,919 --> 00:08:35,919
isn't any case.

111
00:08:37,580 --> 00:08:39,600
Forget about what you've been reading.

112
00:08:39,860 --> 00:08:41,679
You pay attention here.

113
00:08:42,480 --> 00:08:46,700
We're going to pull the curtain off the
prosecution's dog and pony show.

114
00:08:46,920 --> 00:08:51,800
You just watch us. My only request here
is that you all pay attention.

115
00:08:52,260 --> 00:08:56,440
And if you do, we won't have to ask you
for anything else.

116
00:08:56,840 --> 00:08:57,840
I promise.

117
00:09:05,390 --> 00:09:07,290
Oh, now, you didn't have to get me
anything.

118
00:09:07,590 --> 00:09:10,010
Well, at your age, birthdays are at a
premium.

119
00:09:10,530 --> 00:09:11,790
Demand and supply, you know.

120
00:09:12,510 --> 00:09:13,530
That's very touching.

121
00:09:17,230 --> 00:09:18,230
Oh, my.

122
00:09:19,450 --> 00:09:20,610
This is beautiful.

123
00:09:21,190 --> 00:09:22,190
You like it?

124
00:09:22,650 --> 00:09:27,390
Well, superb, but it's too much. I mean,
it's way, way too much.

125
00:09:27,670 --> 00:09:29,210
There's an inscription on the back.

126
00:09:30,750 --> 00:09:32,230
Just say yes.

127
00:09:32,490 --> 00:09:33,490
Yes to what?

128
00:09:33,930 --> 00:09:34,930
Leland.

129
00:09:35,440 --> 00:09:36,440
Will you marry me?

130
00:09:37,780 --> 00:09:38,780
Yes to what?

131
00:09:39,920 --> 00:09:41,520
I'm serious, Leland.

132
00:09:42,480 --> 00:09:44,340
I don't want to shock you.

133
00:09:44,860 --> 00:09:50,740
I mean, usually I am the master of
subtlety, but I just don't know how to

134
00:09:50,740 --> 00:09:51,740
into something like this.

135
00:09:52,460 --> 00:09:58,820
I've just been so happy the last four
months, and I'm not a young gal, and I

136
00:09:58,820 --> 00:09:59,820
know what I want.

137
00:10:00,400 --> 00:10:02,340
You want me?

138
00:10:05,450 --> 00:10:06,450
I want to be your wife.

139
00:10:11,370 --> 00:10:12,990
What about me? When do I testify?

140
00:10:15,270 --> 00:10:16,750
I'm not sure I'm putting you up there.

141
00:10:17,090 --> 00:10:18,090
Why not?

142
00:10:19,990 --> 00:10:24,290
Well, the truth is, Ricky, you come off
unlikable.

143
00:10:24,510 --> 00:10:26,710
I think the jury will read you as cold.

144
00:10:27,350 --> 00:10:31,210
I also think that Cook will tear you
apart on the adultery and no one will

145
00:10:31,210 --> 00:10:32,570
two cents about you after that.

146
00:10:32,860 --> 00:10:35,920
But if I don't take the stand, it'll
look like I'm hiding something.

147
00:10:36,360 --> 00:10:39,340
Well, maybe, but I still think that...
Do you really think that it's better to

148
00:10:39,340 --> 00:10:41,540
hide what I am than to let them actually
see it?

149
00:10:48,680 --> 00:10:53,620
Listen to me, both of you. I don't want
to be buried away in this, to be

150
00:10:53,620 --> 00:10:58,620
shielded from the jury like I'm the...

151
00:10:59,290 --> 00:11:02,910
selfish bitch that the press keeps
calling me. I'm not that person.

152
00:11:03,770 --> 00:11:08,170
I don't want to be treated like that
person. Not by them and not by you. You

153
00:11:08,170 --> 00:11:09,109
understand me?

154
00:11:09,110 --> 00:11:10,770
Look, this is a murder trial.

155
00:11:11,210 --> 00:11:15,030
Tomorrow morning I am facing off against
a seasoned homicide detective. The man

156
00:11:15,030 --> 00:11:15,949
is a pro.

157
00:11:15,950 --> 00:11:18,030
I got a lot of work to do here.

158
00:11:18,230 --> 00:11:20,370
So let us do what we do.

159
00:11:20,690 --> 00:11:23,470
Who the hell do you think you are
talking to me like that?

160
00:11:23,690 --> 00:11:25,170
We know you're scared, Ricky.

161
00:11:25,790 --> 00:11:27,410
Everybody is a little scared.

162
00:11:28,170 --> 00:11:30,570
But you got to trust us. You just got
to.

163
00:11:36,170 --> 00:11:41,070
Detective, when you arrived at the
scene, what did the defendant tell you?

164
00:11:41,070 --> 00:11:45,750
and Mr. Schaefer returned to the house
and found the deceased suspended from

165
00:11:45,750 --> 00:11:49,890
ceiling. She stated it was her belief
that Mr. Davis had taken his own life.

166
00:11:50,210 --> 00:11:52,510
Did the evidence support her belief?

167
00:11:52,770 --> 00:11:53,770
No, it did not.

168
00:11:53,980 --> 00:11:54,980
Why not, detective?

169
00:11:55,240 --> 00:11:59,600
Well, first of all, you can see by the
scrape marks around the victim's neck

170
00:11:59,600 --> 00:12:00,860
that he tried to free himself.

171
00:12:01,260 --> 00:12:04,860
And second, we dusted the beam and cord
and found one clean print.

172
00:12:05,280 --> 00:12:06,860
It belonged to the defendant.

173
00:12:07,200 --> 00:12:11,120
We also found a partial print which
matched David Schaefer. They said these

174
00:12:11,120 --> 00:12:14,760
prints got there when they attempted to
cut the victim down after discovering

175
00:12:14,760 --> 00:12:17,880
it. Well, if that were true, there would
have been prints all over the beam and

176
00:12:17,880 --> 00:12:21,760
cord. The fact that we found just the
two suggests that somebody tried to wipe

177
00:12:21,760 --> 00:12:25,460
the surfaces clean and just wasn't
careful enough. What other evidence

178
00:12:25,460 --> 00:12:26,460
you to the defendant?

179
00:12:26,580 --> 00:12:30,480
Well, the will and also the fact the
defendant never had an alibi except to

180
00:12:30,480 --> 00:12:33,140
that she went for a drive with Mr.
Schaefer following the brunch.

181
00:12:33,380 --> 00:12:37,480
Did you confront her with your
suspicions? Yes, I did. She said she

182
00:12:37,480 --> 00:12:38,620
speak with her attorney.

183
00:12:38,820 --> 00:12:39,820
Thank you, detective.

184
00:12:39,940 --> 00:12:40,940
Nothing further.

185
00:12:47,880 --> 00:12:51,680
Was there any sign of a struggle in the
bedroom? No. Wasn't that strange?

186
00:12:51,920 --> 00:12:55,020
Do you think that they put the noose
around his neck and then politely asked

187
00:12:55,020 --> 00:12:58,240
to stand up on a chair while they tied
the other end around the beam? Well, we

188
00:12:58,240 --> 00:13:00,280
believe that he was rendered unconscious
first.

189
00:13:00,760 --> 00:13:01,760
Right.

190
00:13:01,960 --> 00:13:06,800
According to your initial report, you
say you believe the victim was struck in

191
00:13:06,800 --> 00:13:10,580
the forehead with a blunt object which
knocked him unconscious, after which he

192
00:13:10,580 --> 00:13:14,660
was hanged. We now believe he was
suffocated into a state of

193
00:13:14,840 --> 00:13:15,840
Oh, really?

194
00:13:15,980 --> 00:13:18,000
Well, why do you believe that,
Detective?

195
00:13:18,280 --> 00:13:22,060
Because the symptoms of suffocation and
hanging are the same, so there'd be no

196
00:13:22,060 --> 00:13:27,060
evidence of it. So, in other words,
there is no evidence of it. Now,

197
00:13:27,260 --> 00:13:32,120
if, in fact, he was suffocated into
unconsciousness before he was hanged,

198
00:13:32,120 --> 00:13:35,800
how do you explain the scratch marks on
his face and neck that he got while he

199
00:13:35,800 --> 00:13:37,560
was supposedly trying to free himself?

200
00:13:37,900 --> 00:13:41,040
He probably regained consciousness right
before the hanging.

201
00:13:41,320 --> 00:13:42,320
Ah.

202
00:13:42,510 --> 00:13:46,770
Well, is there any evidence of that?
Yeah, the scratch marks. They clearly

203
00:13:46,770 --> 00:13:51,570
this wasn't something that he wanted to
do. Well, maybe he changed his mind. I

204
00:13:51,570 --> 00:13:55,710
mean, hanging is a very brutal, horrible
way to go, isn't it? Yeah. Yeah. In

205
00:13:55,710 --> 00:14:01,610
fact, you yourself investigated another
hanging suicide three years ago in which

206
00:14:01,610 --> 00:14:05,610
the victim also tried to claw himself
free. Isn't that right, detective?

207
00:14:05,910 --> 00:14:07,470
There was one such incident, yes.

208
00:14:07,710 --> 00:14:08,710
Thank you.

209
00:14:09,110 --> 00:14:15,110
Okay, on to the fingerprints. Now, there
were a lot of smudged, unusable prints

210
00:14:15,110 --> 00:14:19,450
all over the cord and the beam, right?
Yeah. Now, isn't it possible that in

211
00:14:19,450 --> 00:14:23,450
their panic, in their frantic attempts
to free Mr. Davis from the noose, that

212
00:14:23,450 --> 00:14:27,230
they smudged a lot of their own prints
and left only a few clean ones?

213
00:14:27,450 --> 00:14:29,490
It's not impossible. Thank you,
detective.

214
00:14:29,930 --> 00:14:34,990
And in fact, from all the physical
evidence, Harold Davis could have

215
00:14:34,990 --> 00:14:36,010
suicide, right?

216
00:14:36,350 --> 00:14:37,710
Yes, but I don't think so.

217
00:14:38,240 --> 00:14:39,240
Thank you, detective.

218
00:14:41,440 --> 00:14:42,440
That's all.

219
00:14:43,060 --> 00:14:45,400
I still think we have a problem with the
profit definition.

220
00:14:45,680 --> 00:14:48,740
It's ambiguous at best, and that's going
to be construed against us if anything

221
00:14:48,740 --> 00:14:49,740
goes wrong.

222
00:14:49,980 --> 00:14:51,260
Are you listening to me?

223
00:14:52,040 --> 00:14:53,040
Oh, yes.

224
00:14:53,520 --> 00:14:56,260
What's the matter, Leland? Come on, this
stuff is tough enough without you

225
00:14:56,260 --> 00:14:57,520
drifting off into outer space.

226
00:14:57,820 --> 00:14:58,779
I'm sorry.

227
00:14:58,780 --> 00:15:05,500
Okay, so, um... Ann, last night,
Rosalind Chase proposed

228
00:15:05,500 --> 00:15:06,500
to me.

229
00:15:06,880 --> 00:15:07,880
Proposed what?

230
00:15:08,180 --> 00:15:14,340
Marriage. She gave me a beautiful
Cartier watch and asked me to be her

231
00:15:14,740 --> 00:15:15,740
How exciting.

232
00:15:16,500 --> 00:15:21,460
You think... Well, what do you think
about the two of us as a couple?

233
00:15:21,900 --> 00:15:25,260
You seem very cute.

234
00:15:25,460 --> 00:15:28,420
Could you see yourself standing at our
wedding ceremony?

235
00:15:29,800 --> 00:15:31,200
I'm sure it would be lovely.

236
00:15:32,040 --> 00:15:33,160
The truth, Anne.

237
00:15:34,090 --> 00:15:37,010
I would sooner dive headfirst into my
own vomit.

238
00:15:37,210 --> 00:15:41,990
Anne. Dating her is one thing. Sleeping
with her is another. But to exchange

239
00:15:41,990 --> 00:15:47,570
wedding vows with a person who can shed
her skin and swallow large rats whole is

240
00:15:47,570 --> 00:15:50,950
something... I don't need that much
truth. Leland, how can you even think of

241
00:15:50,950 --> 00:15:53,290
marrying that woman? I'm lonely, Anne.

242
00:15:55,190 --> 00:15:56,970
Rosalind and I, we laugh together.

243
00:15:57,690 --> 00:16:01,590
We have a wonderful intellectual
relationship and, uh...

244
00:16:03,600 --> 00:16:09,340
See, I'm 62 years old, and loneliness,
it's everything they say it is.

245
00:16:09,980 --> 00:16:11,180
Do you love her?

246
00:16:11,560 --> 00:16:13,020
I'm very fond of her.

247
00:16:14,320 --> 00:16:15,700
You're very fond of her?

248
00:16:15,980 --> 00:16:16,980
Mm -hmm.

249
00:16:20,640 --> 00:16:22,140
I'm sorry, Leland.

250
00:16:22,780 --> 00:16:25,700
Hey, I am certainly no authority on
marriage.

251
00:16:26,380 --> 00:16:31,840
My first one ended in divorce, and
Stuart and I... Well...

252
00:16:32,300 --> 00:16:38,580
We still have our problems, but at the
core of it all, I love him and trust him

253
00:16:38,580 --> 00:16:41,800
more than anybody I've ever known or
ever will know.

254
00:16:44,220 --> 00:16:45,920
Can you say that about Rosalind?

255
00:16:46,840 --> 00:16:49,340
Well, I'm not asking myself those kinds
of questions.

256
00:16:50,440 --> 00:16:52,240
It's a much simpler test.

257
00:16:53,960 --> 00:16:55,640
I know my life without her.

258
00:16:55,980 --> 00:16:57,460
I've seen my life with her.

259
00:16:58,940 --> 00:17:00,060
I'm happier with her.

260
00:17:06,730 --> 00:17:09,109
Your Honor, people call Marion Davis to
the stand.

261
00:17:09,349 --> 00:17:11,970
Your Honor, the defense objects to this
witness being called.

262
00:17:17,050 --> 00:17:20,910
No relevance, Your Honor. She's the
victim's daughter, Judge. Mr. Davis made

263
00:17:20,910 --> 00:17:22,910
certain statements to her regarding the
defendant.

264
00:17:23,130 --> 00:17:25,470
That's your say and admissible. Dead man
statute.

265
00:17:25,810 --> 00:17:27,550
It does not apply. Quiet.

266
00:17:28,950 --> 00:17:31,010
We're not going to discuss this in here.
Let's go.

267
00:17:37,600 --> 00:17:38,600
All for a proof.

268
00:17:38,980 --> 00:17:42,200
The victim told her that the defendant
had been acting strangely, that she

269
00:17:42,200 --> 00:17:45,340
seemed up to something. Now, this was
one week before the murder. That is

270
00:17:45,340 --> 00:17:46,420
prejudicial, you're saying.

271
00:17:46,660 --> 00:17:49,120
We can give an instruction. Oh, come on.
The daughter hates Ricky Davis. The

272
00:17:49,120 --> 00:17:52,440
father knew it. He could be saying this
crap to appease her. We got no means of

273
00:17:52,440 --> 00:17:55,520
assuring reliability here. He's right.
I'm not going to put her up there and

274
00:17:55,520 --> 00:17:57,860
that stuff. It'd be a reversible error.
Next witness.

275
00:17:58,120 --> 00:17:59,760
Your Honor. Next witness.

276
00:18:02,340 --> 00:18:03,860
Mark Shalios, the victim's lawyer.

277
00:18:04,100 --> 00:18:07,100
Objection. We object to him, too. It's
also hearsay. Plus attorney -client.

278
00:18:07,140 --> 00:18:11,180
Privilege doesn't extend beyond the
client's life. That is a still hearsay.

279
00:18:11,180 --> 00:18:14,800
Honor, I need this witness to establish
motive. He is the only person who can

280
00:18:14,800 --> 00:18:18,080
testify as to the victim's intent to
divorce the defendant. That's why they

281
00:18:18,080 --> 00:18:21,560
to shut him down. It is an out -of
-court declaration being admitted for

282
00:18:21,560 --> 00:18:25,480
truth. It's black -letter hearsay. I'm
going to allow it. What? Your Honor. You

283
00:18:25,480 --> 00:18:26,740
can't. Yes, I can.

284
00:18:27,040 --> 00:18:29,200
Then I want Mr. Shalios' files for
discovery.

285
00:18:29,440 --> 00:18:30,440
Work product privilege.

286
00:18:30,680 --> 00:18:31,680
No, no, no, no, no.

287
00:18:31,720 --> 00:18:34,720
You can't have it both ways, Mr. Cook.
If you want the lawyer to testify, fine.

288
00:18:35,100 --> 00:18:38,720
But first, you give all his files to the
defense by 3 o 'clock this afternoon.

289
00:18:38,960 --> 00:18:42,900
Not 3 .30, not 3 .15. 3 o 'clock. You'll
be on the stand tomorrow.

290
00:18:46,380 --> 00:18:47,480
All right. Here we go.

291
00:18:49,260 --> 00:18:54,820
Attorney Michael Kuzak staggered the
prosecution badly with his cross

292
00:18:54,820 --> 00:18:56,400
-examination of Detective Foley.

293
00:18:56,860 --> 00:18:57,860
Good.

294
00:18:59,020 --> 00:19:00,020
Listen to this.

295
00:19:00,060 --> 00:19:04,100
Ricky's lawyers blocked the victim's
daughter, Marion Davis, from even taking

296
00:19:04,100 --> 00:19:04,919
the stand.

297
00:19:04,920 --> 00:19:08,260
The daughter was also considered to be a
key prosecution witness.

298
00:19:08,760 --> 00:19:13,640
And right now, John, the district
attorney's office is reportedly

299
00:19:15,000 --> 00:19:19,840
We still got serious work to do here.

300
00:19:20,120 --> 00:19:21,120
Tommy,

301
00:19:21,600 --> 00:19:22,600
hit it.

302
00:19:23,440 --> 00:19:27,280
Tomorrow's witness, attorney Mark
Shellios, victim's lawyer.

303
00:19:27,500 --> 00:19:30,540
He's produced six boxes of files on
Harold Davis. I've been through four

304
00:19:30,540 --> 00:19:33,040
already. They're very well organized,
nothing unusual.

305
00:19:33,300 --> 00:19:36,420
Yeah, he'll testify about the will and
who takes what, and no surprises there.

306
00:19:36,620 --> 00:19:37,680
Stewart, you checked off on that?

307
00:19:37,880 --> 00:19:42,960
Yeah, it's very simple. No codicils. He
left everything to the American Cancer

308
00:19:42,960 --> 00:19:46,280
Society, unless survived by Ricky, in
which case he takes everything.

309
00:19:46,520 --> 00:19:48,880
There's nothing ambiguous about it. Only
thing is, he...

310
00:19:49,210 --> 00:19:50,670
He may not have been witnessed properly.

311
00:19:50,950 --> 00:19:53,670
Meaning what? Probably nothing. If he
dies in test day, she gets everything

312
00:19:53,670 --> 00:19:55,910
anyway. CJ, you got any dirt on this
guy?

313
00:19:56,150 --> 00:19:57,150
Not yet.

314
00:19:57,190 --> 00:19:58,190
Single man.

315
00:19:58,210 --> 00:20:00,050
Dates various women. Clean living.

316
00:20:00,430 --> 00:20:01,530
Basically pretty dull.

317
00:20:01,750 --> 00:20:03,430
A Rick Stevens, the PI, has signed.

318
00:20:03,630 --> 00:20:06,110
So if there's anything under this guy's
nails, we will know.

319
00:20:06,430 --> 00:20:09,710
Okay. Jonathan, give Abby a hand with
the rest of those files.

320
00:20:10,170 --> 00:20:13,790
Now, the prosecution should rest
tomorrow with strong motive and shaky

321
00:20:13,790 --> 00:20:17,690
evidence. I'll move for the directed
verdict, but it probably won't go.

322
00:20:18,270 --> 00:20:21,230
That means we start off with our
forensic expert and move on to the

323
00:20:21,450 --> 00:20:22,890
Now, are you going to put Ricky on the
stand?

324
00:20:23,330 --> 00:20:27,250
We don't know yet. Oh, do it. They'll
suspect if you don't. Hey, hey, we don't

325
00:20:27,250 --> 00:20:28,290
know yet, all right?

326
00:20:28,870 --> 00:20:30,770
Jonathan, Abby, get to work on those
files.

327
00:20:31,470 --> 00:20:33,970
Tommy, you and I should get some sleep.

328
00:20:34,190 --> 00:20:35,190
Who can sleep?

329
00:20:46,320 --> 00:20:50,080
You had been Mr. Davis's lawyer for how
long, sir? Since 1978.

330
00:20:50,480 --> 00:20:54,680
And under the terms of his most recent
will, how much money did the defendant,

331
00:20:54,900 --> 00:20:56,440
Ricky Davis, stand to inherit?

332
00:20:56,720 --> 00:20:59,400
As the lone beneficiary, she stood to
inherit the entire estate.

333
00:21:00,140 --> 00:21:01,420
Valued at about $26 million.

334
00:21:01,840 --> 00:21:03,380
And, sir, if they were divorced?

335
00:21:03,860 --> 00:21:06,020
Prenuptial agreement limited her to $500
,000.

336
00:21:06,240 --> 00:21:10,400
Mr. Shalios, when was the last time you
spoke with the deceased, Harold Davis?

337
00:21:10,960 --> 00:21:12,260
Five days before his death.

338
00:21:12,460 --> 00:21:13,980
Could you tell us what was said?

339
00:21:15,000 --> 00:21:16,000
Objection here, sir.

340
00:21:16,140 --> 00:21:17,140
Overruled.

341
00:21:17,300 --> 00:21:21,260
Mr. Chalios, what did Mr. Davis tell
you? He told me he wanted to file for

342
00:21:21,260 --> 00:21:22,360
divorce from his wife, Ricky.

343
00:21:22,780 --> 00:21:26,480
She was being unfaithful, and he wanted
to terminate the marital relationship.

344
00:21:26,800 --> 00:21:29,560
And five days later, he was found hanged
to death?

345
00:21:30,320 --> 00:21:31,320
Yes.

346
00:21:32,880 --> 00:21:37,100
And, sir, who besides the defendant
stood to gain from Mr. Davis's death?

347
00:21:37,320 --> 00:21:39,100
Nobody. At least no individual.

348
00:21:40,740 --> 00:21:42,300
If she survived him, she took all.

349
00:21:42,760 --> 00:21:43,760
If she didn't?

350
00:21:44,000 --> 00:21:45,500
He went to the American Cancer Society.

351
00:21:45,740 --> 00:21:49,860
And, sir, do you have any reason to
believe Harold Davis was suicidal?

352
00:21:50,420 --> 00:21:52,500
Objection. Overruled. Answer the
question.

353
00:21:52,760 --> 00:21:54,000
He was not suicidal.

354
00:21:54,660 --> 00:21:57,500
He was upbeat. You've got to be kidding.

355
00:21:57,880 --> 00:22:00,020
Shut down, Mr. Kuzak, or I'll hold you
in contempt.

356
00:22:02,460 --> 00:22:05,300
Continue, Mr. Shalios. His spirits were
up.

357
00:22:05,690 --> 00:22:08,390
In fact, on the day he called me about
the divorce, he asked me to establish

358
00:22:08,390 --> 00:22:13,070
contact with the oncology departments at
both the Sloan Kettering Hospital and

359
00:22:13,070 --> 00:22:14,210
the Johns Hopkins Hospital.

360
00:22:14,450 --> 00:22:17,730
What for? To determine whether they had
any experimental treatments for liver

361
00:22:17,730 --> 00:22:18,730
cancer.

362
00:22:18,830 --> 00:22:24,210
This man wanted to live. Both of you.
Both of you.

363
00:22:24,690 --> 00:22:28,910
Don't make me warn you again. The
testimony is allowed.

364
00:22:30,850 --> 00:22:32,230
I have nothing further.

365
00:22:40,300 --> 00:22:43,580
Do you have any psychiatric training,
Mr. Shellius? No, I do not.

366
00:22:43,800 --> 00:22:47,560
You got any clinical or educational
training which would allow you to

367
00:22:47,560 --> 00:22:49,780
whether or not a person is suicidal?

368
00:22:50,880 --> 00:22:53,060
I knew Mr. Davis... Answer my question,
sir.

369
00:22:53,840 --> 00:22:55,340
I have no formal training.

370
00:22:57,980 --> 00:22:59,220
One second, please.

371
00:23:02,980 --> 00:23:04,460
I have nothing further, Your Honor.

372
00:23:05,300 --> 00:23:06,840
Thank you, Mr. Shellius.

373
00:23:08,900 --> 00:23:09,900
Mr. Cook?

374
00:23:09,930 --> 00:23:13,310
People call as its last witness, Mr.
David Schaefer.

375
00:23:14,290 --> 00:23:15,870
Objection. Your Honor, this is a
surprise.

376
00:23:16,250 --> 00:23:19,430
He's on our witness list. Well, they put
more than 100 people on their witness

377
00:23:19,430 --> 00:23:22,810
list, Your Honor. The chances of this
man being called were almost nil. He's

378
00:23:22,810 --> 00:23:26,170
on the same chart. But he's on their
list, Mr. Cusack. He can call the

379
00:23:26,970 --> 00:23:28,210
I'll give you an hour of recess.

380
00:23:34,230 --> 00:23:35,230
Son of a bitch.

381
00:23:35,740 --> 00:23:39,180
What's going on? He cut a deal with his
testifying. He had to cut something.

382
00:23:39,320 --> 00:23:42,760
Ricky, if you've been holding anything
back, now's the time to come clean. What

383
00:23:42,760 --> 00:23:43,760
can Schaefer say?

384
00:23:43,900 --> 00:23:45,860
Nothing. He's innocent. We're both
innocent.

385
00:23:46,260 --> 00:23:48,900
What about when you broke up? The
Schaefer guy got an axe to grind?

386
00:23:49,180 --> 00:23:52,920
He was hurt, yes, but so what? He can't
testify to anything except to the fact

387
00:23:52,920 --> 00:23:54,180
that I was an unfaithful wife.

388
00:23:54,400 --> 00:23:57,140
Listen, if we are not prepped for him,
we could get killed out there.

389
00:23:57,840 --> 00:23:58,840
Think hard.

390
00:23:59,360 --> 00:24:02,840
Does he have any information that could
be of use to them? There isn't any

391
00:24:02,840 --> 00:24:04,300
information for him to have, Michael.

392
00:24:11,680 --> 00:24:12,680
Knock, knock.

393
00:24:13,540 --> 00:24:17,280
Rosalind, what a surprise. I just
dropped Leland off from lunch.

394
00:24:17,860 --> 00:24:18,900
Do you have a second?

395
00:24:19,820 --> 00:24:20,960
Um, sure.

396
00:24:21,820 --> 00:24:22,820
Can we sit?

397
00:24:22,980 --> 00:24:23,980
Of course.

398
00:24:31,960 --> 00:24:35,800
How have you been?

399
00:24:36,220 --> 00:24:37,220
Fine, fine.

400
00:24:37,280 --> 00:24:38,280
You?

401
00:24:42,220 --> 00:24:46,660
I know we're not very close, so what I'm
about to say may hit you like a depth

402
00:24:46,660 --> 00:24:47,660
charge.

403
00:24:47,960 --> 00:24:50,580
Two nights ago, I asked Leland to marry
me.

404
00:24:52,420 --> 00:24:54,520
Wow. Yeah, wow.

405
00:24:58,760 --> 00:25:04,800
He said he needed some time to think
about it, and it's my feeling that he

406
00:25:04,800 --> 00:25:06,340
probably come to you. Why me?

407
00:25:06,880 --> 00:25:09,860
Because nobody else here is married
except Stuart.

408
00:25:10,560 --> 00:25:12,740
And you, no doubt, will have the
strongest opinions.

409
00:25:13,660 --> 00:25:18,280
Knowing Leland, he will want to confront
the thickest part of the wall.

410
00:25:18,560 --> 00:25:21,040
What do you want from me, Rosalind? An
open mind.

411
00:25:21,520 --> 00:25:22,920
I love him very much.

412
00:25:25,700 --> 00:25:29,880
I didn't think I'd ever fall in love
again, but I did.

413
00:25:30,180 --> 00:25:31,540
He's on the fence, Anne.

414
00:25:32,940 --> 00:25:38,880
I'd just like for you not to impulsively
push him to the other side.

415
00:25:39,470 --> 00:25:43,430
The truth is, Rosalind, Leland did come
to me on this.

416
00:25:44,530 --> 00:25:45,970
I might have nudged him a little.

417
00:25:46,490 --> 00:25:47,490
Nudged?

418
00:25:47,850 --> 00:25:49,970
Actually, I was kicking him with both
feet.

419
00:25:52,550 --> 00:25:54,370
I don't think he should marry you.

420
00:25:54,570 --> 00:25:55,570
I'm sorry.

421
00:25:56,490 --> 00:25:57,490
Okay.

422
00:25:58,030 --> 00:26:03,470
Rosalind, nobody has done a bigger about
-faith on you than I have.

423
00:26:04,010 --> 00:26:08,010
A year ago, I probably considered you to
be the most unredeemable person I had

424
00:26:08,010 --> 00:26:09,350
ever had the displeasure of meeting.

425
00:26:10,490 --> 00:26:14,490
Now, I not only admire you, I actually
like you.

426
00:26:15,130 --> 00:26:20,150
But with you and Leland, I just don't
see it.

427
00:26:21,250 --> 00:26:25,070
Well, as always, you're honest.

428
00:26:28,730 --> 00:26:29,730
Thank you for that.

429
00:26:35,880 --> 00:26:37,460
I really do love him.

430
00:26:39,920 --> 00:26:40,920
Rosalind?

431
00:26:42,180 --> 00:26:43,760
I didn't change his mind.

432
00:26:48,900 --> 00:26:52,660
Could you state your name for the
record, please? David Alan Schaefer. Mr.

433
00:26:52,740 --> 00:26:56,680
Schaefer, could you state your
relationship with the defendant, Miss

434
00:26:56,680 --> 00:27:03,100
Davis? Between the period of September
of 1989 and October of 1990, we were

435
00:27:03,100 --> 00:27:08,290
lovers. Sir, I call your attention to
the date August 19, 1990.

436
00:27:09,330 --> 00:27:11,390
Were you with the defendant on that day?

437
00:27:11,610 --> 00:27:12,610
Yes, I was.

438
00:27:13,010 --> 00:27:15,870
We had brunch at Mirabella Restaurant on
Sunset.

439
00:27:16,470 --> 00:27:19,010
And then we went to her Beverly Hills
home.

440
00:27:19,270 --> 00:27:20,650
That's where we discovered the body.

441
00:27:20,930 --> 00:27:22,170
Mr. Davis's body?

442
00:27:22,430 --> 00:27:27,330
Yes, sir. He was hanging from the
ceiling in his bedroom.

443
00:27:27,590 --> 00:27:28,610
What did you do?

444
00:27:29,070 --> 00:27:32,030
Well, we tried briefly to get him down.
He was clearly dead.

445
00:27:32,950 --> 00:27:37,760
So... We called the police. They came.
Three days later, Ricky and I were

446
00:27:37,760 --> 00:27:39,600
arrested and charged with the crime.

447
00:27:39,840 --> 00:27:45,320
Did you have anything to do with this
man's death, Mr. Schaefer? No, I did

448
00:27:45,520 --> 00:27:49,120
To your knowledge, did Ricky Davis have
anything to do with his death?

449
00:27:49,400 --> 00:27:54,400
Well, I certainly didn't think so at the
time, but now I think she did.

450
00:27:55,840 --> 00:27:56,840
Order.

451
00:28:00,200 --> 00:28:01,780
I want you to tell us why.

452
00:28:02,220 --> 00:28:05,220
Objection. This man's opinion is...
Overruled. Every time we get to the good

453
00:28:05,220 --> 00:28:06,520
parts, you start objecting.

454
00:28:07,260 --> 00:28:08,560
I object to that.

455
00:28:09,320 --> 00:28:13,660
Go ahead, sir. Well, first off, Ricky
had been acting strangely all week. The

456
00:28:13,660 --> 00:28:16,920
second thing is, she would never take me
back to her house in Beverly Hills.

457
00:28:17,320 --> 00:28:21,840
Never. But on this day, it seemed very
important that I go with her.

458
00:28:22,200 --> 00:28:23,920
I think it was to establish an alibi.

459
00:28:24,320 --> 00:28:28,160
Objection. Objection. Again, sir, just
tell us what you know. Keep your

460
00:28:28,160 --> 00:28:29,160
to yourself.

461
00:28:29,560 --> 00:28:30,800
Anything else, Mr. Schaefer?

462
00:28:31,320 --> 00:28:32,320
Yes.

463
00:28:32,660 --> 00:28:36,320
About a week before that day, I was
riding with her in her car. That's when

464
00:28:36,320 --> 00:28:40,620
noticed the book in the back seat with a
bookmark in it. Did you open this book?

465
00:28:40,940 --> 00:28:43,140
Yes, I did. It was a book on knots.

466
00:28:43,420 --> 00:28:45,360
Excuse me? All kinds of rope knots.

467
00:28:45,660 --> 00:28:48,620
And the page that was marked was a
chapter on bunt line knots.

468
00:28:48,920 --> 00:28:49,920
Bunt line knots?

469
00:28:50,120 --> 00:28:54,640
Which meant nothing to me at the time.
But about three weeks ago, my lawyer

470
00:28:54,640 --> 00:28:56,840
asked me to go through all the reports
on my arrest.

471
00:28:58,000 --> 00:29:02,680
And that's where I saw it, that the knot
on the cord that was used to hang Mr.

472
00:29:02,820 --> 00:29:04,200
Davis was a bundline knot.

473
00:29:08,480 --> 00:29:09,480
Mr.

474
00:29:10,280 --> 00:29:15,100
Schaefer, you're giving this testimony
in exchange for charges against you

475
00:29:15,100 --> 00:29:16,660
dropped. Isn't that right?

476
00:29:17,000 --> 00:29:18,000
But I'm telling the truth.

477
00:29:19,320 --> 00:29:20,620
I didn't want to believe this.

478
00:29:22,360 --> 00:29:23,660
I loved her very much.

479
00:29:25,200 --> 00:29:26,700
But I can't ignore the facts.

480
00:29:27,180 --> 00:29:28,400
Thank you, Mr. Schaefer.

481
00:29:28,700 --> 00:29:29,700
That's all.

482
00:29:33,440 --> 00:29:35,020
Let me see now, Mr.

483
00:29:35,220 --> 00:29:39,720
Schaefer. According to your testimony
here, you had all the pieces to this

484
00:29:39,720 --> 00:29:41,020
puzzle three weeks ago.

485
00:29:41,480 --> 00:29:44,720
Why didn't you speak up then? I did. The
district attorney didn't want to make a

486
00:29:44,720 --> 00:29:45,720
deal until yesterday.

487
00:29:45,820 --> 00:29:47,820
Let's cut to the bone, Mr. Schaefer.

488
00:29:48,040 --> 00:29:53,700
Yesterday, you're up on murder charges.
And today, you're a free man in exchange

489
00:29:53,700 --> 00:29:55,520
for this ridiculous story.

490
00:29:55,920 --> 00:29:57,080
I am telling the truth.

491
00:29:57,340 --> 00:29:59,700
Of course you are. Why would you lie?

492
00:29:59,940 --> 00:30:02,540
Just to avoid ending up in the gas
chamber?

493
00:30:03,000 --> 00:30:08,020
No. Move to strike that. Withdrawn. No
further use for this witness.

494
00:30:08,440 --> 00:30:10,380
I have a couple more questions.

495
00:30:11,240 --> 00:30:16,540
Mr. Schaefer, was this Ricky Davis's car
or was this the family car?

496
00:30:16,800 --> 00:30:19,720
It was the one she used to drive most of
the time. To your knowledge, did Mr.

497
00:30:19,960 --> 00:30:21,700
Davis ever drive this car?

498
00:30:21,980 --> 00:30:26,520
Yes. Mr. Schaefer, did you ever have
occasion to go sailing with Harold

499
00:30:27,560 --> 00:30:32,260
Yes. Now, the book that you found in the
back seat of the car, the title of that

500
00:30:32,260 --> 00:30:34,940
book was Nautical Knot. Isn't that
right?

501
00:30:35,420 --> 00:30:37,800
Yes. It's possible that that book
belonged to Mr.

502
00:30:38,000 --> 00:30:39,000
Davis, isn't it, sir?

503
00:30:39,100 --> 00:30:42,180
It was the car that she used to drive
most of the time. Yeah, but it's

504
00:30:42,180 --> 00:30:45,060
that the book belonged to him, right?

505
00:30:45,500 --> 00:30:47,160
Yes, I suppose it's possible.

506
00:30:52,940 --> 00:30:53,940
I don't know.

507
00:31:02,560 --> 00:31:05,940
I don't think he really nailed us. I
mean, the jury saw him for what he was,

508
00:31:06,000 --> 00:31:06,659
don't you think?

509
00:31:06,660 --> 00:31:07,660
I don't know.

510
00:31:07,720 --> 00:31:10,340
I mean, at this point, it's hard to know
nothing.

511
00:31:11,920 --> 00:31:13,420
Okay, our witnesses.

512
00:31:14,180 --> 00:31:15,180
Witnesses.

513
00:31:15,380 --> 00:31:19,180
Chris Harris, forensics, going first.
He's yours.

514
00:31:20,240 --> 00:31:23,060
Psychiatrist, Dr. John Busick, second.

515
00:31:23,540 --> 00:31:24,540
Also yours.

516
00:31:25,140 --> 00:31:27,200
I'm taking all the character witnesses.

517
00:31:27,440 --> 00:31:28,440
Wake up, cool gentleman.

518
00:31:29,020 --> 00:31:30,020
One of the women.

519
00:31:30,740 --> 00:31:35,440
Attorney Mark Chelios has been dating is
Marion Davis, daughter of the victim.

520
00:31:35,720 --> 00:31:36,820
What? Mm -hmm.

521
00:31:37,240 --> 00:31:39,860
This was taken two nights ago, even
though you can't make her out.

522
00:31:40,600 --> 00:31:44,200
This was taken last night. That's
definitely her. And note the shoes.

523
00:31:44,880 --> 00:31:45,880
The same.

524
00:31:46,160 --> 00:31:49,280
Also, Rick showed her picture around the
various eating establishments

525
00:31:49,280 --> 00:31:50,760
frequented by Mr. Chelios.

526
00:31:51,200 --> 00:31:55,480
And people there remember seeing her as
far back as six months ago.

527
00:31:56,100 --> 00:31:59,000
Tommy, get Stuart on the phone. Get him
in here.

528
00:31:59,440 --> 00:32:04,320
Yeah, it's quarter to 12. I don't care.
Wake him up. C .J., Mark Shalios' office

529
00:32:04,320 --> 00:32:07,780
building. Videotape records everybody
who goes in and comes out. You told me

530
00:32:07,780 --> 00:32:09,360
that, right? Yeah, Paltek security.

531
00:32:09,700 --> 00:32:12,960
I got a buddy who works there. They're
supposed to keep the tapes for 30 days

532
00:32:12,960 --> 00:32:13,960
before they erase.

533
00:32:14,000 --> 00:32:14,639
All right.

534
00:32:14,640 --> 00:32:19,100
Take Ann, Abby, Jonathan, even Douglas
and Leland if you have to, but go

535
00:32:19,100 --> 00:32:20,059
those tapes.

536
00:32:20,060 --> 00:32:23,580
Tommy, call your friend at Paltek. Have
him clear the brush for C .J. Then call

537
00:32:23,580 --> 00:32:24,840
Stewart. Tomorrow.

538
00:32:25,420 --> 00:32:28,420
We are going to put Mark Shelleyos back
on the stand.

539
00:32:28,680 --> 00:32:33,220
Let me take him, Michael. I'll pop the
pus right out of him. Uh -uh. This one's

540
00:32:33,220 --> 00:32:34,220
mine.

541
00:32:34,300 --> 00:32:35,300
I'm going to get him.

542
00:32:39,500 --> 00:32:45,180
Mr. Shelleyos, you previously stated
that you drafted Harold Davis' most

543
00:32:45,180 --> 00:32:46,460
will. That's correct.

544
00:32:46,860 --> 00:32:51,320
I show you this, sir, and ask you if you
recognize it. It's a memo dictated by

545
00:32:51,320 --> 00:32:54,420
me after we executed the will. Would you
please read paragraph three for the

546
00:32:54,420 --> 00:32:55,419
record, sir?

547
00:32:55,420 --> 00:32:59,700
Mr. Davis, indicating his accord with
provisions contained therein, executed

548
00:32:59,700 --> 00:33:03,580
signature as testator. I then affixed my
signature as witness to the foregoing.

549
00:33:03,960 --> 00:33:07,960
Mr. Davis then confirmed to Julia
Delaney that the testator's signature

550
00:33:07,960 --> 00:33:11,820
fact, his, and Ms. Delaney then affixed
her signature as a second witness. You

551
00:33:11,820 --> 00:33:17,000
say that Mr. Davis then confirmed to
Julia Delaney that the signature was, in

552
00:33:17,000 --> 00:33:18,000
fact, his.

553
00:33:18,160 --> 00:33:21,240
Didn't she see him sign the will? Well,
I'm sure she did. Well, then why did he

554
00:33:21,240 --> 00:33:22,620
have to tell her what she already saw?

555
00:33:23,130 --> 00:33:25,750
Well, I'm not really sure. I mean, this
took place many months ago. Mr.

556
00:33:25,870 --> 00:33:32,730
Shellios, I have here a signed
declaration of Ms. Delaney obtained from

557
00:33:32,730 --> 00:33:34,270
morning, which I offer the court.

558
00:33:34,550 --> 00:33:38,810
She states that she was not in the room
when he signed.

559
00:33:39,230 --> 00:33:42,430
That's why he had to tell her that the
signature was his.

560
00:33:42,710 --> 00:33:45,350
There's no question he signed the will.
Are you trying to say... The actual

561
00:33:45,350 --> 00:33:50,170
signing of this will was not witnessed
by two people, was it, Mr. Shellios?

562
00:33:51,150 --> 00:33:55,570
I guess maybe it wasn't. And what did
that fact do to the validity of this

563
00:33:55,770 --> 00:33:57,270
Technically, it makes it invalid.

564
00:33:57,670 --> 00:33:59,330
In other words, Mr.

565
00:33:59,530 --> 00:34:03,590
Davis died with no will at all. It
doesn't matter.

566
00:34:03,790 --> 00:34:08,070
If a spouse dies in testate, California
law states that the bulk of the estate

567
00:34:08,070 --> 00:34:09,370
goes to the surviving spouse.

568
00:34:10,230 --> 00:34:14,429
Ricky Davis would still be the main
beneficiary. If Ricky Davis is convicted

569
00:34:14,429 --> 00:34:16,469
murder, she would be disqualified.

570
00:34:17,100 --> 00:34:21,280
And with no valid will, the Cancer
Society is out. Who then gets all the

571
00:34:21,280 --> 00:34:23,020
under California law, Mr. Shalyos?

572
00:34:23,340 --> 00:34:24,339
Surviving children.

573
00:34:24,340 --> 00:34:28,340
And who would that be in this case? His
only child is a daughter, Marion Davis.

574
00:34:28,540 --> 00:34:35,360
So Marion Davis, that woman right there,
stands to inherit everything if

575
00:34:35,360 --> 00:34:39,460
my client is convicted. Isn't that
right, Mr. Shalyos? I doubt very much

576
00:34:39,460 --> 00:34:43,139
she would be well -versed in the
validity of wills. Well, she would be if

577
00:34:43,139 --> 00:34:46,420
had a clever lawyer with lots of inside
information advising her.

578
00:34:46,940 --> 00:34:49,960
Do you have a personal relationship with
Marion Davis?

579
00:34:50,280 --> 00:34:52,199
Objection. Getting to the good part,
Judge.

580
00:34:52,820 --> 00:34:57,540
Overruled. Do you have a personal
relationship with Marion Davis?

581
00:34:58,020 --> 00:34:59,200
We've had dinner together.

582
00:34:59,740 --> 00:35:05,400
Mr. Shalios, I show you a photograph
taken two nights ago.

583
00:35:06,420 --> 00:35:09,920
Mr. Shalios, would that be you and
Marion?

584
00:35:10,420 --> 00:35:11,420
Yes.

585
00:35:12,080 --> 00:35:16,560
Would you please describe for the court
what it is you're doing in the picture?

586
00:35:16,840 --> 00:35:17,840
We're kissing.

587
00:35:21,920 --> 00:35:28,860
How long have

588
00:35:28,860 --> 00:35:32,300
you been seeing Mary? Your Honor, a
brief recess, please. Sit down.

589
00:35:33,160 --> 00:35:34,160
How long?

590
00:35:34,760 --> 00:35:39,280
About eight months. And Mr. Shelley
Oates, she knew that will would be

591
00:35:39,280 --> 00:35:40,300
invalid, didn't she?

592
00:35:40,840 --> 00:35:44,780
All she had to do was challenge it.
Marion Davis could never have killed her

593
00:35:44,780 --> 00:35:48,960
father. You purposely saw to it that
that will would be invalid so that he

594
00:35:48,960 --> 00:35:52,580
die intestate, didn't you, Mr. Chelios?
I'm asserting my Fifth Amendment rights.

595
00:35:52,620 --> 00:35:54,020
I refuse to answer any more questions.

596
00:35:54,340 --> 00:35:55,340
That's okay.

597
00:35:55,460 --> 00:35:57,060
I don't have any more.

598
00:36:00,480 --> 00:36:01,480
Mr. Cook?

599
00:36:02,660 --> 00:36:03,660
Nothing, Your Honor.

600
00:36:04,440 --> 00:36:05,840
You may step down, sir.

601
00:36:07,760 --> 00:36:08,940
Let's stop right here.

602
00:36:09,340 --> 00:36:12,140
The defense will call us next week.
Michael, I don't care who we put up

603
00:36:12,140 --> 00:36:15,180
will never have more momentum than we've
got right now. Mr. Cusack.

604
00:36:15,420 --> 00:36:16,960
One second, Your Honor.

605
00:36:18,120 --> 00:36:22,300
You're serious, Michael. You just
dropped a bomb here. Let's get the jury

606
00:36:22,300 --> 00:36:24,340
in here delivering while the room's
still shaking.

607
00:36:25,940 --> 00:36:27,080
Are you ready to close?

608
00:36:27,300 --> 00:36:28,300
Are you kidding?

609
00:36:31,380 --> 00:36:35,760
Your Honor, the defense rests.

610
00:36:37,400 --> 00:36:39,280
Closing argument's two o 'clock. We're
adjourned.

611
00:36:49,680 --> 00:36:51,100
We're not going out to lunch?

612
00:36:52,140 --> 00:36:54,620
Well, I thought we'd talk here first.

613
00:36:57,460 --> 00:37:00,860
Rosalind, I'm very happy being with you.

614
00:37:01,220 --> 00:37:03,660
You... You don't have to preface
anything, Leland.

615
00:37:05,160 --> 00:37:06,160
Your answer is no.

616
00:37:09,660 --> 00:37:16,080
I realize I may never meet anyone again
whom I'll come to love, but

617
00:37:16,080 --> 00:37:19,520
it would be wrong to marry you out of
the port.

618
00:37:22,100 --> 00:37:25,040
Do you think in time you might love me?

619
00:37:30,000 --> 00:37:32,840
Did you ever think I could be so
ridiculous?

620
00:37:33,280 --> 00:37:34,420
Oh, you're not ridiculous.

621
00:37:35,120 --> 00:37:37,600
You have no idea how scared I was in
that restaurant.

622
00:37:38,540 --> 00:37:41,000
You don't know how close I was to saying
yes.

623
00:37:41,880 --> 00:37:43,220
So what do we do now?

624
00:37:46,900 --> 00:37:48,840
I don't want to stop seeing you.

625
00:37:52,420 --> 00:37:59,220
Well, I guess it would be stupid for us
not to. I mean, at our age, we

626
00:37:59,220 --> 00:38:01,000
enjoy each other's company.

627
00:38:04,880 --> 00:38:06,480
Love is for the young, right?

628
00:38:14,760 --> 00:38:15,760
Listen.

629
00:38:17,640 --> 00:38:18,860
Let's skip lunch, huh?

630
00:38:19,320 --> 00:38:22,900
I've got some errands and we're still on
for dinner, right?

631
00:38:23,240 --> 00:38:24,198
Oh, sure, sure.

632
00:38:24,200 --> 00:38:26,720
Good. Maybe Italian tonight.

633
00:38:27,080 --> 00:38:28,580
I feel like pasta.

634
00:38:28,940 --> 00:38:29,940
All right.

635
00:38:34,860 --> 00:38:36,200
This is the right thing.

636
00:38:38,280 --> 00:38:39,460
See you later on.

637
00:38:44,260 --> 00:38:49,620
I don't know about you people, but I am
more confused now than when we first

638
00:38:49,620 --> 00:38:55,800
started. Let's just start with what we
do know for sure. First, all the

639
00:38:55,800 --> 00:38:59,580
evidence, all of it could be consistent
with suicide.

640
00:39:00,000 --> 00:39:03,820
Their star homicide detective told you
that under oath.

641
00:39:04,200 --> 00:39:10,820
So, the main thing against Ricky Davis
was motive. She was supposedly the only

642
00:39:10,820 --> 00:39:12,000
one with motive.

643
00:39:12,220 --> 00:39:17,780
Now, the witness who was selling that
was the attorney Mark Shellios.

644
00:39:18,040 --> 00:39:21,440
Then suddenly, turns out that's wrong.

645
00:39:21,680 --> 00:39:23,560
The will was invalid.

646
00:39:23,880 --> 00:39:29,980
The daughter stands to get everything
if... if she can get Ricky

647
00:39:29,980 --> 00:39:32,480
disqualified with a murder conviction.

648
00:39:32,700 --> 00:39:38,290
And she... knew this. She knew because
she was sleeping with, guess who? Mr.

649
00:39:38,570 --> 00:39:43,370
Chelios, the attorney, who carefully
arranged for the will to be invalid.

650
00:39:45,030 --> 00:39:46,750
What a scheme, huh?

651
00:39:47,230 --> 00:39:48,230
Wow.

652
00:39:49,590 --> 00:39:55,010
Well, people, right now, I don't know,
maybe Marion Davis killed her father for

653
00:39:55,010 --> 00:39:55,649
the money.

654
00:39:55,650 --> 00:39:59,450
Maybe the guy did really commit suicide.
I can't know.

655
00:39:59,650 --> 00:40:03,050
The prosecution, they definitely do not
know.

656
00:40:03,480 --> 00:40:07,280
They're over there suddenly dropping
charges against the boyfriend, David

657
00:40:07,280 --> 00:40:10,900
Schaefer. One day he's up on first
degree, next day he's not.

658
00:40:11,140 --> 00:40:13,660
They don't have a clue what's going on.

659
00:40:14,940 --> 00:40:15,960
What a mess.

660
00:40:17,320 --> 00:40:21,200
Reasonable doubt all over. What a
terrible mess.

661
00:40:26,280 --> 00:40:31,460
The defendant's a wealthy woman who
hired the best lawyer's money could buy.

662
00:40:32,120 --> 00:40:34,600
And they've done everything possible to
confuse you.

663
00:40:35,600 --> 00:40:36,600
And they're good.

664
00:40:37,000 --> 00:40:39,940
These lawyers are very good.

665
00:40:42,280 --> 00:40:45,300
But let's reduce this thing to the basic
facts.

666
00:40:47,080 --> 00:40:53,540
Ricky Davis had a $26 million motive.
Ricky Davis' fingerprints were found on

667
00:40:53,540 --> 00:40:58,220
the cord that was used to hang the
victim. Ricky Davis doesn't have an

668
00:40:59,240 --> 00:41:02,540
Her own lover concluded she had to have
done it.

669
00:41:02,940 --> 00:41:07,640
There was a book describing how to make
the knot that was found tied around the

670
00:41:07,640 --> 00:41:08,519
victim's head.

671
00:41:08,520 --> 00:41:11,080
That book was found in her car.

672
00:41:11,440 --> 00:41:13,620
Common sense, ladies and gentlemen.

673
00:41:17,260 --> 00:41:19,100
Ricky Davis killed her husband.

674
00:41:19,400 --> 00:41:23,860
Mr. Mullaney may be confused, but I'm
not, nor should you be.

675
00:41:39,630 --> 00:41:42,110
What's going on? The jury's in. It's on
TV. What? They're covering it live.

676
00:41:44,450 --> 00:41:45,450
Joyce?

677
00:41:45,870 --> 00:41:48,930
Deliberating less than an hour. What's
happened? A very short deliberation. We

678
00:41:48,930 --> 00:41:52,010
expect it to at least go overnight.
They're just filing it. They're here

679
00:41:52,070 --> 00:41:53,830
Joyce. They don't look happy.

680
00:41:54,110 --> 00:41:57,010
There's Mike and Tommy. They're
acquitting. If they come back this fast,

681
00:41:57,010 --> 00:41:59,110
are definitely acquitting. Shh. That
doesn't mean anything. Now listen.

682
00:42:12,040 --> 00:42:13,100
Has the jury reached a verdict?

683
00:42:13,820 --> 00:42:14,820
Yes, Your Honor.

684
00:42:14,860 --> 00:42:15,860
And how do you find?

685
00:42:16,020 --> 00:42:20,700
We, the jury, in the matter of the
people versus Ricky Davis on the charge

686
00:42:20,700 --> 00:42:24,540
first -degree murder, find the defendant
not guilty.

687
00:42:43,240 --> 00:42:45,980
He's in the back. We have a press room.
We'll answer all questions.

688
00:42:47,600 --> 00:42:52,800
You've got a press room set up. I need a
few minutes.

689
00:42:53,160 --> 00:42:55,060
You start with him, Tommy. We'll be in
in a minute.

690
00:43:01,320 --> 00:43:02,660
I'm absolutely numb.

691
00:43:04,740 --> 00:43:05,800
Yeah, well, you should be.

692
00:43:08,160 --> 00:43:09,180
You pulled it off.

693
00:43:09,480 --> 00:43:10,840
What do you mean I pulled it off?

694
00:43:11,060 --> 00:43:12,180
It was too easy, Ricky.

695
00:43:12,670 --> 00:43:14,850
The whole thing just fell together too
neatly.

696
00:43:15,250 --> 00:43:16,250
What are you talking about?

697
00:43:16,490 --> 00:43:18,750
I'm talking about you and Mark Chelios.

698
00:43:18,990 --> 00:43:22,350
We got a hold of the videotaped security
recordings from his office building.

699
00:43:23,390 --> 00:43:25,430
You've been in there twice in the last
month.

700
00:43:25,690 --> 00:43:31,290
So? So you two killed your husband, not
you and David Schaefer. You and Mark

701
00:43:31,290 --> 00:43:34,790
Chelios either did it or had it done.

702
00:43:35,070 --> 00:43:36,070
That's absurd.

703
00:43:36,350 --> 00:43:37,350
Oh, I don't think so.

704
00:43:37,670 --> 00:43:39,570
Mark Chelios is a brilliant attorney.

705
00:43:40,120 --> 00:43:43,580
That screw -up on the wheel is a mistake
even a rookie wouldn't make. He did it

706
00:43:43,580 --> 00:43:45,120
to give the daughter a motive.

707
00:43:45,360 --> 00:43:50,740
He romanced Marion Davis to set her up
and to set himself up to be impeached on

708
00:43:50,740 --> 00:43:51,740
the witness stand.

709
00:43:51,980 --> 00:43:53,640
I've completely lost you now.

710
00:43:54,040 --> 00:43:55,780
You follow me exactly.

711
00:43:56,720 --> 00:44:00,280
You both knew there was no way Harold
Davis could possibly be murdered without

712
00:44:00,280 --> 00:44:01,980
suspicion falling directly on you.

713
00:44:02,280 --> 00:44:07,040
You could try to stage a suicide, sure,
but that would be 50 -50 at best.

714
00:44:07,820 --> 00:44:11,660
The only way to guarantee you're getting
away with it was double jeopardy.

715
00:44:12,100 --> 00:44:13,680
To be tried and acquitted.

716
00:44:13,980 --> 00:44:18,780
So, Mark Shellio sets himself up as the
big witness against you. The guy who's

717
00:44:18,780 --> 00:44:19,780
going to provide motive.

718
00:44:19,980 --> 00:44:23,100
He puts his memo into his files and he
gives the files to us.

719
00:44:23,900 --> 00:44:28,480
He kisses Marion Davis when he's got to
know we're having her followed.

720
00:44:30,260 --> 00:44:32,420
You insisted that we tail the daughter.

721
00:44:33,940 --> 00:44:36,720
You insisted that we tail Mark
Shellio's.

722
00:44:39,440 --> 00:44:42,040
Why would he take the stand and make
himself a suspect?

723
00:44:42,500 --> 00:44:44,380
Probably because he has an airtight
alibi.

724
00:44:45,080 --> 00:44:48,660
Maybe because he knows that since you
made all the arrangements, there'd be no

725
00:44:48,660 --> 00:44:51,840
way for anybody to trace anything to
him, even if he was investigated.

726
00:44:54,620 --> 00:44:57,720
It's a nice story, Counselor. Too bad
you can't repeat it.

727
00:44:59,260 --> 00:45:02,060
Well, sometimes I forget my ethical
obligations.

728
00:45:02,600 --> 00:45:03,880
You'd risk disbarment.

729
00:45:04,100 --> 00:45:08,500
And like you said, double jeopardy
applies. I'm free no matter what you do.

730
00:45:09,120 --> 00:45:11,140
Well, I can sure as hell screw up your
inheritance.

731
00:45:11,520 --> 00:45:13,780
I doubt it. I was found not guilty.

732
00:45:14,380 --> 00:45:17,940
And anything you say at probate will be
inadmissible because I'll assert

733
00:45:17,940 --> 00:45:19,100
attorney -client privilege.

734
00:45:19,880 --> 00:45:24,640
Not to mention the fact that I could
stick your firm with a $26 million

735
00:45:25,540 --> 00:45:27,220
You want to expose your partners?

736
00:45:29,520 --> 00:45:31,060
You got two choices here.

737
00:45:31,260 --> 00:45:33,340
There's a big press conference going on.

738
00:45:33,960 --> 00:45:37,100
You can walk in there with a long face
and claim you were completely duped by

739
00:45:37,100 --> 00:45:41,340
your client, or you can say nothing and
just be the brilliant star defense

740
00:45:41,340 --> 00:45:43,400
attorney the whole country now knows you
to be.

741
00:45:43,820 --> 00:45:45,880
A winner or a loser.

742
00:45:46,780 --> 00:45:47,780
It's up to you, Michael.

743
00:45:49,440 --> 00:45:50,680
I believe I'm free to go.

744
00:45:58,890 --> 00:46:02,510
Well, I knew they were dead the second
that they made the deal with Schaefer.

745
00:46:02,610 --> 00:46:06,670
That showed the jury right then the
prosecutor had no rudder on his boat.

746
00:46:06,830 --> 00:46:09,510
Cusack, did you... Where's Ricky?
Where's your client?

747
00:46:09,910 --> 00:46:14,130
Miss Davis is a little too emotionally
spent to join us right now.

748
00:46:14,490 --> 00:46:17,890
Obviously, she's delighted with the
verdict, as we all are. Well, Mr.

749
00:46:17,890 --> 00:46:20,450
how does it feel to win the biggest case
in the country?

750
00:46:21,230 --> 00:46:22,570
Feels great.

751
00:46:22,790 --> 00:46:25,450
Great. Can we get a picture of the two
of you?

752
00:46:26,310 --> 00:46:27,310
Yeah.

753
00:46:29,600 --> 00:46:31,660
Did you feel like you had to pay
tomorrow?

