1 00:00:03,190 --> 00:00:04,750 Previously on L .A. Law. 2 00:00:04,970 --> 00:00:09,730 Hey, congratulations, both of you. Thank you. Thank you. I am the luckiest guy 3 00:00:09,730 --> 00:00:14,450 in the world. You're telling me to prosecute with an unconstitutional 4 00:00:14,450 --> 00:00:18,410 confession. You're telling me to break the law. I'm just hoping to God you 5 00:00:18,410 --> 00:00:19,650 remember you're a public servant. 6 00:00:20,190 --> 00:00:24,370 And you do the thing that serves the public best here. A guilty man was 7 00:00:24,370 --> 00:00:28,840 convicted. It's rewarding to see that the system works and justice was served. 8 00:00:28,920 --> 00:00:32,619 So if we get started, I'm not sure where it's going to lead. 9 00:00:33,240 --> 00:00:34,240 Me neither. 10 00:00:34,680 --> 00:00:36,760 Life in a law firm doesn't really suit me, Leland. 11 00:00:37,480 --> 00:00:38,620 I'm going to open my own office. 12 00:00:39,080 --> 00:00:43,680 Abby, the odds against that, well, they're enormous. This is the only way 13 00:00:43,680 --> 00:00:47,220 will get a chance to be the kind of lawyer that I want to be. The doctor 14 00:00:47,220 --> 00:00:50,420 will take at least six months to get pregnant. Even a year is totally normal. 15 00:00:50,740 --> 00:00:52,000 Stuart, maybe you should get tested. 16 00:00:52,320 --> 00:00:53,320 Me? 17 00:00:54,509 --> 00:00:56,290 Ann, we've only been trying for a few months. 18 00:00:56,690 --> 00:00:59,330 I stopped using birth control over a year ago. 19 00:01:00,470 --> 00:01:01,470 Oh. 20 00:01:05,430 --> 00:01:06,890 Well, it's a simple procedure. 21 00:01:08,410 --> 00:01:10,630 You ejaculate into the container. 22 00:01:11,710 --> 00:01:15,470 We do a few tests to measure your sperm count, see how many live ones you have, 23 00:01:15,590 --> 00:01:16,590 how well they swim. 24 00:01:17,190 --> 00:01:19,270 I gotta tell you, that's a little embarrassing for me. 25 00:01:19,510 --> 00:01:22,570 Which is exactly why we try to create a totally private environment. 26 00:01:23,260 --> 00:01:24,440 We have a very nice room. 27 00:01:24,900 --> 00:01:26,820 You throw a deadbolt, red light goes on. 28 00:01:27,040 --> 00:01:30,880 And believe me, no matter how long it takes, as long as that light is on, no 29 00:01:30,880 --> 00:01:31,880 is going to disturb you. 30 00:01:32,220 --> 00:01:33,220 Yeah, right. 31 00:01:33,520 --> 00:01:36,200 Did you ever try to drink a cup of coffee while the waitress was waiting 32 00:01:36,200 --> 00:01:37,200 table? 33 00:01:37,780 --> 00:01:39,220 No, no, no. We have three rooms. 34 00:01:40,180 --> 00:01:43,700 If you need an hour, take an hour. If you need two hours, take two hours. 35 00:01:44,160 --> 00:01:45,940 I really think time is a problem. 36 00:01:46,360 --> 00:01:49,040 Oh, well, if you're worried about stimulation, we have a... 37 00:01:49,640 --> 00:01:54,160 A variety of magazines in there, from Playboy to Penthouse, Sports 38 00:01:54,280 --> 00:01:55,440 The Bathing Suits. 39 00:01:55,920 --> 00:01:59,820 Just some more hardcore publications, if that's what your tastes run to. 40 00:02:02,300 --> 00:02:05,880 Rosalind? Well, I guess I'll give it the old college try. 41 00:02:06,540 --> 00:02:12,800 It wasn't really my sport, but... We have a shelf full of X -rated 42 00:02:13,520 --> 00:02:17,280 Watch them, enjoy them, and let nature take its course. 43 00:02:19,140 --> 00:02:20,140 Rosalind, show Mr. 44 00:02:20,240 --> 00:02:22,180 Markowitz to a room, please. Follow me. 45 00:02:31,900 --> 00:02:33,680 You come here often? 46 00:02:33,920 --> 00:02:34,920 Never mind. 47 00:02:35,740 --> 00:02:36,980 This is very strange. 48 00:02:37,520 --> 00:02:39,280 I don't think it's strange at all. 49 00:02:42,740 --> 00:02:44,280 Okay, now there's a buzzer inside. 50 00:02:44,960 --> 00:02:47,020 Call me if you need anything. All right? 51 00:02:49,620 --> 00:02:51,900 Mr. Sackheim, is everything all right? 52 00:02:52,220 --> 00:02:55,080 Oy, oy, oy, I can't get the lid off the jar. 53 00:04:47,580 --> 00:04:48,580 Rock! 54 00:04:51,020 --> 00:04:52,020 Rocks, you've got to hear this. 55 00:04:52,260 --> 00:04:54,900 Can we talk about it tonight, Dave? I'm running late. You've heard the 56 00:04:54,900 --> 00:04:56,640 expression, if you have lemons, make lemonade. 57 00:04:57,490 --> 00:04:59,210 textbook case. Please, honey, not now. 58 00:04:59,410 --> 00:05:00,410 Let me just tell you what happened. 59 00:05:00,630 --> 00:05:03,410 Seth Rosencrantz called a couple of weeks ago. I told you about him. 60 00:05:04,800 --> 00:05:08,820 Anyway, to make a long story short, he calls me from Paramus, New Jersey, where 61 00:05:08,820 --> 00:05:11,760 he's got most of his operations, to say that he is stuck with a warehouse full 62 00:05:11,760 --> 00:05:16,400 of audio cassettes. One side is environmental ocean sounds, and the 63 00:05:16,400 --> 00:05:20,140 subliminal self -hypnosis for getting rid of facial twitching. Now, you put it 64 00:05:20,140 --> 00:05:23,780 into a unit with auto -reverse, and you play it, and you sleep. The trouble is, 65 00:05:23,940 --> 00:05:26,280 the whole thing is recorded at the wrong speed. 66 00:05:26,500 --> 00:05:30,080 The hypnosis sounds like Alvin and the Chipmunks, and the ocean sounds like the 67 00:05:30,080 --> 00:05:31,080 Indianapolis 500. 68 00:05:31,520 --> 00:05:32,520 Are we out of milk? 69 00:05:34,800 --> 00:05:37,740 So I take them off his hands for a nickel each. 70 00:05:38,160 --> 00:05:42,540 I pay a recording studio $1 ,100 to degauss and record my latest offering. 71 00:05:42,760 --> 00:05:49,500 P .S. I have a shot at a 3 .5 % response and very possibly a silver Echo Award 72 00:05:49,500 --> 00:05:52,480 as well because, you see, instead of sending out a letter, I'm sending out a 73 00:05:52,480 --> 00:05:54,100 cassette. You have got to hear this. 74 00:05:54,320 --> 00:05:57,040 I really can't concentrate right now. 75 00:05:57,260 --> 00:05:58,260 It'll only take a minute. 76 00:05:59,040 --> 00:06:02,360 All I want to do right now, get ready for work. 77 00:06:02,910 --> 00:06:05,610 Well, just listen to it while you have your coffee. How much am I asking? 78 00:06:05,830 --> 00:06:06,830 Do me a favor. 79 00:06:06,990 --> 00:06:08,170 Don't ask anything. 80 00:06:08,410 --> 00:06:12,290 Just let me clump around and get myself together and don't ask anything. 81 00:06:12,770 --> 00:06:14,250 One listen. One listen. 82 00:06:17,070 --> 00:06:22,070 Whoever you are, please don't waste one more second listening to this tape 83 00:06:22,070 --> 00:06:26,610 unless, like thousands of satisfied customers, you too long... David! 84 00:06:26,910 --> 00:06:31,290 ...at a fraction of the prices charged by leading department stores... 85 00:06:33,310 --> 00:06:35,150 Hi. How was the appointment? 86 00:06:35,630 --> 00:06:36,910 It actually went bad. 87 00:06:37,130 --> 00:06:38,990 They have visual aids. 88 00:06:39,590 --> 00:06:40,930 Don't get to like it too much. 89 00:06:41,470 --> 00:06:46,670 First of all, I'd like to express our sadness that today is Miss Perkins' last 90 00:06:46,670 --> 00:06:51,010 day. We're going to miss you, Abs. And also, we'll be here for you for support, 91 00:06:51,090 --> 00:06:54,890 use of the facilities, and maybe a client or two. 92 00:06:55,330 --> 00:06:57,310 Thank you, Newt. So where's the new office? 93 00:06:57,810 --> 00:07:00,190 Why don't I just pass out the new business card? 94 00:07:00,510 --> 00:07:04,490 Business cards already. This girl doesn't waste any time. Having just 95 00:07:04,490 --> 00:07:08,410 new landlord two months' rent, paid my first premium in malpractice insurance, 96 00:07:08,890 --> 00:07:13,410 printed up stationery, turned on the telephones, and bought a second -hand 97 00:07:13,410 --> 00:07:16,810 typewriter, the one thing I am convinced of is that I can't waste time. 98 00:07:17,130 --> 00:07:23,110 Well, on that wise and thoughtful note, Lauterbach versus Lauterbach. Arnold, is 99 00:07:23,110 --> 00:07:25,590 this the fatted calf it looks to be? Hard to say. 100 00:07:25,910 --> 00:07:29,510 Her old lawyer got her a miserable settlement. I've brought a motion to set 101 00:07:29,510 --> 00:07:30,510 aside. 102 00:07:30,550 --> 00:07:35,330 But I have got a feeling there may be a better way to go. Let's hope so, with 103 00:07:35,330 --> 00:07:36,450 that much money in the balance. 104 00:07:37,630 --> 00:07:42,270 Descending rapidly from the golden to the grim, people versus shoals. 105 00:07:42,810 --> 00:07:43,890 Trial starts today. 106 00:07:44,590 --> 00:07:45,730 Let me ask you a question, mate. 107 00:07:46,090 --> 00:07:48,670 Do you seek out these lost leaders, or do they seek you out? 108 00:07:48,990 --> 00:07:53,130 Well, well, it's nice to hear someone beside myself asking that question. I'd 109 00:07:53,130 --> 00:07:56,190 like to go on record here as saying that I didn't want this case. 110 00:07:56,710 --> 00:07:59,290 And I feel no particular empathy for the client. 111 00:08:00,070 --> 00:08:03,310 But the public defender's office had a conflict, and they asked us to represent 112 00:08:03,310 --> 00:08:07,690 him. Seeing as how I had passed on the previous four cases they asked me to 113 00:08:07,690 --> 00:08:11,510 take, the seriousness of our commitment to doing pro bono work was called into 114 00:08:11,510 --> 00:08:14,910 question. Now, do we honor that commitment, or don't we? Of course we 115 00:08:15,130 --> 00:08:16,130 You think he's innocent? 116 00:08:17,130 --> 00:08:18,130 Not my call. 117 00:08:18,250 --> 00:08:20,890 Yeah, but you can't ignore the fact he's been convicted of rape before. 118 00:08:21,110 --> 00:08:24,390 Not only can I ignore it, but as far as this jury's concerned, he's never been 119 00:08:24,390 --> 00:08:25,910 convicted of anything before. 120 00:08:26,600 --> 00:08:29,640 But you won't hesitate to drag the woman through the mud, will you? They're not 121 00:08:29,640 --> 00:08:31,020 quite the same thing, Abby. 122 00:08:31,240 --> 00:08:32,240 Then why aren't they? 123 00:08:32,320 --> 00:08:36,320 A defense lawyer's job is to challenge the prosecution. 124 00:08:36,860 --> 00:08:38,940 That means attacking accusing witnesses. 125 00:08:39,460 --> 00:08:44,100 Now, in most rape trials, the purported rape victim is the only accusing 126 00:08:44,100 --> 00:08:48,640 witness. So if you're doing your job, you go after that witness hammer and 127 00:08:48,640 --> 00:08:52,640 tongs. Which is probably why I draw the line at representing rapists. 128 00:08:53,120 --> 00:08:54,120 Accused rapists. 129 00:08:54,340 --> 00:08:55,700 Who I'm convinced are guilty? 130 00:08:56,170 --> 00:08:59,990 Yes. Abby, I thought she wanted to be a litigator. I thought she wanted to 131 00:08:59,990 --> 00:09:03,490 depend on things like evidence and cross -examination to prove guilt or 132 00:09:03,490 --> 00:09:05,790 innocence. I do, but not for creeps like this. 133 00:09:06,010 --> 00:09:08,770 Okay, so, no rapes. What about murder? 134 00:09:09,330 --> 00:09:10,330 Forget it, Mike. 135 00:09:10,410 --> 00:09:11,490 Only if it's in self -defense? 136 00:09:12,110 --> 00:09:14,630 Can we get armed with things here? Armed robbery? 137 00:09:15,150 --> 00:09:16,350 But only if it's for food. 138 00:09:16,610 --> 00:09:19,810 I have no qualms about making moral distinctions about whom I'll represent. 139 00:09:20,890 --> 00:09:23,330 Well, look, I may not like this any more than you do. 140 00:09:23,660 --> 00:09:27,460 But right now, the only way that someone who can't pay for a lawyer can get one 141 00:09:27,460 --> 00:09:31,180 is through an overworked public defender's office or through firms like 142 00:09:31,180 --> 00:09:33,520 are doing our fair share of pro bono cases. 143 00:09:34,120 --> 00:09:38,560 Now, until you can come up with a better idea, do me a favor and spare me the 144 00:09:38,560 --> 00:09:39,560 moral indignation. 145 00:09:39,720 --> 00:09:40,740 I'm late for court. 146 00:09:45,600 --> 00:09:46,640 Sorry I brought it up. 147 00:09:47,640 --> 00:09:48,860 You didn't do too good, did you? 148 00:09:49,220 --> 00:09:50,220 You could pay that. 149 00:09:50,760 --> 00:09:52,940 Well, it was the prenuptial that killed you. 150 00:09:53,550 --> 00:09:55,050 Were you on drugs when you signed that? 151 00:09:55,350 --> 00:09:56,350 Just in love. 152 00:09:57,110 --> 00:09:58,110 Heaviest drug of all. 153 00:10:00,430 --> 00:10:04,410 Look, am I wasting my time trying to appeal? 154 00:10:04,770 --> 00:10:08,050 Appeal from the divorce judgment, yeah. That would be wasting your time. 155 00:10:08,390 --> 00:10:12,210 But I think there may be other ways of going after him. For what? 156 00:10:12,710 --> 00:10:13,770 Like to talk about it. 157 00:10:14,890 --> 00:10:17,250 Did, uh, did he ever hit you? 158 00:10:17,830 --> 00:10:21,150 No. Carry on any homosexual affairs while you were married? 159 00:10:22,319 --> 00:10:24,620 No, not that I know of. Hire a prostitute? 160 00:10:24,920 --> 00:10:28,420 Mr. Becker, what's the point? I thought we had no -fault divorce here. 161 00:10:28,660 --> 00:10:31,380 There was a recent case in Texas that allowed a wife to sue her husband for 162 00:10:31,380 --> 00:10:32,380 emotional distress. 163 00:10:32,680 --> 00:10:35,600 I think the time may be right to test something like that out here. 164 00:10:35,840 --> 00:10:37,400 You were pretty young when you married him, right? 165 00:10:37,720 --> 00:10:38,720 I was 19. 166 00:10:38,800 --> 00:10:42,720 Lauterbach was in his 40s, captain of industry, America's Cup patron, San 167 00:10:42,720 --> 00:10:46,600 Yacht Club. He must have been a pretty powerful figure to you. 168 00:10:47,440 --> 00:10:48,440 You could say that. 169 00:10:49,060 --> 00:10:50,560 What did he do with all that power? 170 00:10:51,280 --> 00:10:52,219 What do you mean? 171 00:10:52,220 --> 00:10:56,480 Well, I was looking at the expenses that your old lawyer put down, and you go to 172 00:10:56,480 --> 00:10:57,660 a shrink four times a week. 173 00:10:59,060 --> 00:11:00,060 What's the problem? 174 00:11:02,700 --> 00:11:05,960 There are some things I really can only talk about with my therapist. 175 00:11:06,300 --> 00:11:09,480 Standing up for yourself, acting effectively against someone who has 176 00:11:09,480 --> 00:11:12,420 you, that's as much a part of getting better as talking to your therapist. 177 00:11:15,420 --> 00:11:17,660 I've always been a good little girl, you know? 178 00:11:20,270 --> 00:11:22,770 Good little girls make the men in their lives happy. 179 00:11:25,570 --> 00:11:31,730 When their husbands ask them to do something, it's very hard for them to 180 00:11:32,230 --> 00:11:37,790 I stopped being a dancer. I stopped going to school because Richard wanted 181 00:11:37,790 --> 00:11:38,790 to. 182 00:11:40,610 --> 00:11:45,450 Another thing Richard wanted was to see me in bed with another man. 183 00:11:45,670 --> 00:11:46,670 How many times? 184 00:11:46,870 --> 00:11:47,799 A lot. 185 00:11:47,800 --> 00:11:49,120 What's the lot, 10, 50, 100? 186 00:11:49,420 --> 00:11:53,460 I don't know. It went on for two or three years. He'd set up situations. 187 00:11:54,280 --> 00:11:56,040 He became obsessed with it. 188 00:11:56,400 --> 00:11:57,400 Venereal diseases. 189 00:11:58,480 --> 00:12:00,100 Oh. AIDS. 190 00:12:00,820 --> 00:12:02,020 I've tested negative. 191 00:12:03,900 --> 00:12:07,860 If you're willing to go for it, Jane, I believe I can make him pay. 192 00:12:08,580 --> 00:12:12,560 I'm not looking to get rich. I just need enough to get my life back together. 193 00:12:12,920 --> 00:12:16,040 And you're finally taking a positive step towards doing just that. 194 00:12:16,600 --> 00:12:19,460 I don't think I can talk about it with people looking at me and asking 195 00:12:19,460 --> 00:12:21,780 questions. Take off the scarlet letter, Jane. 196 00:12:23,380 --> 00:12:24,380 We're gonna nail him. 197 00:12:28,600 --> 00:12:29,600 Chick's gonna crack. 198 00:12:31,880 --> 00:12:32,940 Mark my words. 199 00:12:33,160 --> 00:12:37,100 You just make her tell the jury about them things she wrote down, she's done. 200 00:12:38,940 --> 00:12:42,780 We've been through this before. The diary can only come in to attack her 201 00:12:42,780 --> 00:12:44,380 credibility, not her character. 202 00:12:44,940 --> 00:12:48,400 But if this is your real sharp lawyer, you'll get it in. 203 00:12:48,640 --> 00:12:53,500 My job is to provide you with a competent defense, not beat up on Norma 204 00:12:53,500 --> 00:12:56,600 because you want to watch. You start you on. The bitches are mine. 205 00:12:56,860 --> 00:12:58,860 Take your hands off me, Calvin, right now. 206 00:13:01,200 --> 00:13:04,720 If you ever do that again, you can find someone else to represent you. You 207 00:13:04,720 --> 00:13:05,720 understand? 208 00:13:06,040 --> 00:13:07,240 She wanted it, Mr. 209 00:13:07,440 --> 00:13:08,440 Cusack. 210 00:13:08,620 --> 00:13:11,600 Just the way I gave it to her, that's the way she wanted it. 211 00:13:12,330 --> 00:13:15,990 Well, now, that still leaves the problem of why she called the cops, doesn't it? 212 00:13:17,230 --> 00:13:19,430 Well, maybe she liked it a little too much. 213 00:13:20,710 --> 00:13:23,330 You know, you might do better when we get into court. 214 00:13:24,630 --> 00:13:26,710 You look a little less pleased with yourself. 215 00:13:30,170 --> 00:13:35,890 Miss Eisler, can you tell us how you came to know the defendant? 216 00:13:37,850 --> 00:13:40,110 He was a handyman where I lived. 217 00:13:40,540 --> 00:13:43,560 And where was he working on April 20, 1988? 218 00:13:44,080 --> 00:13:50,540 In my apartment. The tenant upstairs had let his bathtub overflow, and he was 219 00:13:50,540 --> 00:13:51,780 patching my bedroom ceiling. 220 00:13:52,860 --> 00:13:55,480 Would you describe to the court what happened on that day? 221 00:13:56,280 --> 00:14:03,140 Um, about 3 o 'clock in the afternoon, I went in to ask him 222 00:14:03,140 --> 00:14:06,980 if he'd like a cup of tea and some cookies that I'd just baked. 223 00:14:07,860 --> 00:14:09,000 He grabbed me. 224 00:14:09,640 --> 00:14:12,480 and told me that if I screamed, he would kill me. 225 00:14:13,480 --> 00:14:16,140 He made me crawl around on my hands and knees. 226 00:14:16,900 --> 00:14:21,660 He said that I was his slave and put on this earth to service him. 227 00:14:22,140 --> 00:14:26,500 He knocked me down, and then he raped me. 228 00:14:29,000 --> 00:14:33,600 Again and again and again. 229 00:14:35,140 --> 00:14:36,280 Thank you, Norma. 230 00:14:37,160 --> 00:14:38,500 I have no further questions. 231 00:14:44,010 --> 00:14:48,690 Miss Heisler, characterize for us, if you will, your relationship with the 232 00:14:48,690 --> 00:14:51,250 defendant prior to April 20th, 1988. 233 00:14:53,790 --> 00:14:54,790 Friendly, I guess. 234 00:14:55,050 --> 00:14:58,530 Did you ever suggest that he stop by your apartment after work? 235 00:14:58,830 --> 00:15:02,230 Objection. Goes to the issue of consent, Your Honor. It has nothing to do with 236 00:15:02,230 --> 00:15:04,390 consent. These two people knew one another. 237 00:15:04,650 --> 00:15:07,430 Their relationship is directly relevant to this case. 238 00:15:07,730 --> 00:15:09,370 I'll allow it. Miss Heisler? 239 00:15:10,010 --> 00:15:14,110 Well, he came over once or twice to learn how to use a word processor. 240 00:15:15,130 --> 00:15:17,890 And on those occasions, did he rape you? 241 00:15:18,090 --> 00:15:19,090 Of course not. 242 00:15:19,530 --> 00:15:23,750 And on the occasion that you claim that he did rape you, did he have a gun? 243 00:15:24,110 --> 00:15:28,310 No. A knife? No. In fact, he had no weapon at all. He had a fist. 244 00:15:28,510 --> 00:15:30,230 Did he beat you? He would have. 245 00:15:30,570 --> 00:15:31,570 But he didn't. 246 00:15:32,150 --> 00:15:33,450 Now tell me, Miss Heisler. 247 00:15:34,000 --> 00:15:38,620 Is it possible that Mr. Scholz was ever made to believe that you wanted to have 248 00:15:38,620 --> 00:15:39,840 sexual relations with him? 249 00:15:40,560 --> 00:15:45,520 No. Ms. Heisler, do you keep a journal? 250 00:15:45,860 --> 00:15:48,900 Objection. Your Honor, at this time I would like to make a formal motion under 251 00:15:48,900 --> 00:15:52,480 Section 782 of the Evidence Code of the State of California pursuant to my 252 00:15:52,480 --> 00:15:56,280 papers for the witness to produce her journal. Your Honor, the people oppose 253 00:15:56,280 --> 00:15:57,219 such a motion. 254 00:15:57,220 --> 00:16:00,460 Ms. Schindler, as you know, the law requires me to hear argument for defense 255 00:16:00,460 --> 00:16:03,420 counsel's motion outside the presence of the jury. 256 00:16:04,030 --> 00:16:07,130 The court officer will escort the jury out and clear this courtroom. 257 00:16:13,710 --> 00:16:18,010 Once again, Ms. Heisler, do you keep a journal? 258 00:16:18,830 --> 00:16:20,050 Yes, I keep a journal. 259 00:16:20,290 --> 00:16:21,570 Did you ever show it to Mr. Scholes? 260 00:16:21,790 --> 00:16:22,790 Of course not. 261 00:16:22,990 --> 00:16:25,990 And where did you put it on the day that he was working in your bedroom? 262 00:16:26,350 --> 00:16:27,590 In my dresser drawer. 263 00:16:28,010 --> 00:16:29,470 Are you sure that it wasn't on the night table? 264 00:16:29,750 --> 00:16:30,890 Yes, I'm sure. 265 00:16:31,370 --> 00:16:32,370 Object to the inference. 266 00:16:32,470 --> 00:16:35,650 Inference withdrawn. I'll make it a direct question. Didn't you, in fact, 267 00:16:35,650 --> 00:16:37,370 Calvin Scholes to read that journal? 268 00:16:37,750 --> 00:16:40,290 Because you would have liked to have told him your desires, but couldn't? 269 00:16:41,250 --> 00:16:45,250 No. Would it come as much of a shock to you if I told you that he had, in fact, 270 00:16:45,270 --> 00:16:46,270 read it? 271 00:16:48,870 --> 00:16:50,970 No. And why is that, Miss Heisler? 272 00:16:52,610 --> 00:16:54,990 He was reading it when I walked into the bedroom. 273 00:16:57,310 --> 00:16:58,890 Counsel, approach. 274 00:17:04,300 --> 00:17:07,960 As painful as this may be, Miss Schindler, I think I'm going to have to 275 00:17:07,960 --> 00:17:11,800 diary. Your Honor, with all due respect, I believe that would be absolutely 276 00:17:11,800 --> 00:17:16,060 grotesque. The defendant was never given permission to read that diary. 277 00:17:16,260 --> 00:17:19,960 The fact that he invaded her privacy by doing so doesn't give this court license 278 00:17:19,960 --> 00:17:20,919 to follow suit. 279 00:17:20,920 --> 00:17:22,859 Whether he had permission isn't the point. 280 00:17:23,220 --> 00:17:27,359 He read it, and he had reasonable belief that she consented to sexual relations. 281 00:17:27,720 --> 00:17:29,600 Your Honor, may I speak? 282 00:17:29,960 --> 00:17:30,960 Of course. 283 00:17:31,880 --> 00:17:37,360 The things I write in that notebook are the most private things in the world to 284 00:17:37,360 --> 00:17:38,360 me. 285 00:17:38,740 --> 00:17:40,700 I have never shown them to anyone. 286 00:17:41,100 --> 00:17:42,940 But the defendant has read them. 287 00:17:43,240 --> 00:17:45,260 But I tell you, there's nothing in there. 288 00:17:45,660 --> 00:17:48,240 I just jot down little things that occur to me. 289 00:17:48,740 --> 00:17:51,460 My dreams, my poems. 290 00:17:53,120 --> 00:17:54,840 They're my thoughts. They're nothing. 291 00:17:55,340 --> 00:17:56,720 I'm sorry, Miss Eisler. 292 00:17:58,100 --> 00:18:00,060 I have to determine whether they're nothing. 293 00:18:01,290 --> 00:18:05,890 I am ordering you to provide the court with your journal by 9 o 'clock tomorrow 294 00:18:05,890 --> 00:18:06,890 morning. 295 00:18:07,050 --> 00:18:10,350 Mr. Becker, I think you'll agree your case has a few problems. 296 00:18:10,630 --> 00:18:12,950 Which is precisely why I need expedited discovery. 297 00:18:13,310 --> 00:18:16,990 If ever there was a case of intentional infliction of emotional distress, this 298 00:18:16,990 --> 00:18:17,709 is it. 299 00:18:17,710 --> 00:18:21,010 I can document behavior, and I can document damages. 300 00:18:21,350 --> 00:18:25,770 All the behavior alleged occurred while the parties were married. There's no 301 00:18:25,770 --> 00:18:29,790 statutory preclusion of all tort claims between parties because they happen to 302 00:18:29,790 --> 00:18:30,649 have been married. 303 00:18:30,650 --> 00:18:31,670 What's your authority for that? 304 00:18:31,930 --> 00:18:34,970 There have been recent cases in other jurisdictions which are set forth at 305 00:18:34,970 --> 00:18:35,970 length in my papers. 306 00:18:36,070 --> 00:18:41,450 Your Honor, for all of Mr. Becker's lofty pretensions, this is a shakedown. 307 00:18:41,970 --> 00:18:46,850 His client is unhappy with her divorce settlement and sees this as a way to get 308 00:18:46,850 --> 00:18:52,610 more. We've had no fault divorce in this state since 1970, specifically to 309 00:18:52,610 --> 00:18:54,990 prevent lawsuits like this one. 310 00:18:55,230 --> 00:18:58,990 The no -fault statute was never intended to allow abusive, sadistic people to 311 00:18:58,990 --> 00:19:02,510 ruin the lives of others with impunity. The truth is, I don't think either one 312 00:19:02,510 --> 00:19:04,250 of you has made your case sufficiently. 313 00:19:05,230 --> 00:19:09,230 What I'm going to do is order limited discovery to take place forthwith, and I 314 00:19:09,230 --> 00:19:13,010 want you both back here Thursday, prepared to re -argue. 315 00:19:13,270 --> 00:19:18,050 Your Honor, I'm not sure that my client can be available on such short notice. 316 00:19:18,690 --> 00:19:19,690 Make him available. 317 00:19:23,980 --> 00:19:25,620 Can I talk to you? 318 00:19:26,680 --> 00:19:28,220 I have nothing to say to you. 319 00:19:29,100 --> 00:19:32,040 Is this the way you get on with the rest of your life, by dwelling on what's 320 00:19:32,040 --> 00:19:34,600 past? Hey, she doesn't want to talk to you. 321 00:19:34,800 --> 00:19:35,980 Jane, this isn't you. 322 00:19:36,180 --> 00:19:37,180 Isn't it? 323 00:19:37,380 --> 00:19:38,380 What is? 324 00:19:39,020 --> 00:19:42,920 A mother girl in those videotapes that you trade with your friends like 325 00:19:42,920 --> 00:19:48,320 cards? A tight little blonde whose husband liked to watch French, English, 326 00:19:48,560 --> 00:19:52,160 Greek, into anything and everything, giving and getting. 327 00:19:52,570 --> 00:19:53,570 You know she's out of control. 328 00:19:53,850 --> 00:19:56,210 I just wanted a normal life, Richard. 329 00:19:57,770 --> 00:20:01,570 Why did you want everything so weird and dangerous? 330 00:20:03,510 --> 00:20:05,850 Didn't you see what it was doing to me? 331 00:20:08,710 --> 00:20:11,690 For the Lee Marvin case tip of Marvin Mitchelson, this case is going to do for 332 00:20:11,690 --> 00:20:15,890 me. As I recall, Michelle Triola came away with very little in that case. 333 00:20:15,890 --> 00:20:17,170 not the point. The case broke ground. 334 00:20:17,410 --> 00:20:19,610 When you thought Palamoni, you thought Marvin Mitchelson. 335 00:20:19,970 --> 00:20:22,750 Well, after Lauderback, when you think inexpensive tort claims, you're going to 336 00:20:22,750 --> 00:20:23,750 think Arnold Becker. 337 00:20:24,250 --> 00:20:27,290 Thank you. I'll tell you right now, if this case was before me, I'd throw you 338 00:20:27,290 --> 00:20:28,490 out on your ear with cops. 339 00:20:28,870 --> 00:20:32,250 And by doing that, you'd miss a tremendous opportunity to enhance your 340 00:20:32,250 --> 00:20:34,630 reputation. And that's what it's all about, isn't it? 341 00:20:35,050 --> 00:20:38,670 I mean, what better basis to establish legal precedence than the professional 342 00:20:38,670 --> 00:20:40,250 ambition of lawyers and judges? 343 00:20:40,450 --> 00:20:42,110 You're turning into a cynic. It worries me. 344 00:20:42,710 --> 00:20:45,690 A vulnerable woman places herself in your hands. 345 00:20:45,890 --> 00:20:50,850 You plan a legal strategy designed only to maximize your own publicity, probably 346 00:20:50,850 --> 00:20:54,510 at the expense of what little self -esteem she's got left, and you call me 347 00:20:54,510 --> 00:20:55,510 cynic? 348 00:20:56,330 --> 00:21:00,030 You know, sometimes I think your being a judge crowds out the more appealing 349 00:21:00,030 --> 00:21:01,050 sides of your character. 350 00:21:01,250 --> 00:21:03,050 Which are what, in your opinion? 351 00:21:05,470 --> 00:21:08,690 nurturing, caring, a source of support, even, dare I say it, enthusiasm. 352 00:21:09,410 --> 00:21:13,250 Well, like most people, I have a number of different sides. 353 00:21:13,710 --> 00:21:16,910 It would be nice to think that the man I'm with respected all of them. 354 00:21:17,230 --> 00:21:20,310 Monica, what has gotten into you? For the last couple of months, it's like 355 00:21:20,310 --> 00:21:23,350 had a bad connection or something. I can't seem to get through to you. Here I 356 00:21:23,350 --> 00:21:24,730 am. Let's talk about it. 357 00:21:25,490 --> 00:21:29,110 Monica, I'm looking for an ally, somebody to be there for me. What's to 358 00:21:29,110 --> 00:21:30,110 about? 359 00:21:30,570 --> 00:21:31,570 Okay. 360 00:21:32,600 --> 00:21:33,419 Okay, what? 361 00:21:33,420 --> 00:21:35,200 If you don't want to talk, we won't. 362 00:21:36,580 --> 00:21:37,580 Great. 363 00:21:39,120 --> 00:21:40,120 Hi. 364 00:21:40,840 --> 00:21:42,720 Hi. I was in the area. 365 00:21:43,000 --> 00:21:46,200 I'm pretty busy right now. Look, I know lately I've been getting a little 366 00:21:46,200 --> 00:21:49,600 carried away, but it's just that I get so excited about what I'm doing, I 367 00:21:49,600 --> 00:21:50,640 you to get excited, too. 368 00:21:50,880 --> 00:21:53,620 We'll just have to get our timing in better sync, that's all. 369 00:21:53,960 --> 00:21:57,320 Having you around all the time still makes me giddy, I guess. Mr. and Mrs. 370 00:21:57,420 --> 00:21:58,900 Meyer? Hi, guy. 371 00:21:59,380 --> 00:22:01,120 Arnold, how's your new case coming? 372 00:22:01,660 --> 00:22:06,400 If here people are beating the bushes as we speak, it's the paper tomorrow a .m. 373 00:22:06,420 --> 00:22:09,360 Forgive me for interjecting here, but I'll bet you're overlooking something. 374 00:22:09,660 --> 00:22:12,480 Arnie, Benny's running off copies of the supplemental affidavits. 375 00:22:12,760 --> 00:22:16,280 Lawyers, and I love you guys, have been a little slow to appreciate the basic 376 00:22:16,280 --> 00:22:18,220 axiom, direct mail works. 377 00:22:18,460 --> 00:22:19,460 Excuse me. 378 00:22:19,850 --> 00:22:20,850 We don't advertise. 379 00:22:21,290 --> 00:22:25,590 This particular development would only have significance for people who are 380 00:22:25,590 --> 00:22:26,489 getting divorced. 381 00:22:26,490 --> 00:22:29,710 Okay, that's okay, but you still want to reach as many of them as possible, am I 382 00:22:29,710 --> 00:22:33,750 right? Of course we do. You pick the target, I hit the target. Women over 35 383 00:22:33,750 --> 00:22:37,230 applying for credit cards, men over 40 buying Porsches. Now that'll give you a 384 00:22:37,230 --> 00:22:40,490 start. I use what I call a split run. That's different mailings for different 385 00:22:40,490 --> 00:22:46,550 areas. Say one letter to Encino, Tarzana, Calabasas, Agora, another 386 00:22:46,550 --> 00:22:50,060 Alhambra, El Monte, Azusa, Glendora, then we... track the result. 387 00:22:51,060 --> 00:22:54,580 You know, you might also want to try categories like women who have gotten 388 00:22:54,580 --> 00:22:58,100 real estate licenses, men or women who join health clubs. Abby, let me help you 389 00:22:58,100 --> 00:22:58,999 with that. 390 00:22:59,000 --> 00:23:00,420 There's always Club Med. 391 00:23:00,740 --> 00:23:02,380 Name changes on deeds. 392 00:23:02,700 --> 00:23:05,180 Men who make large purchases in housewares. 393 00:23:05,380 --> 00:23:07,400 New subscriptions to Ms. Magazine. 394 00:23:07,780 --> 00:23:09,060 Can't mess with Ms., huh? 395 00:23:13,600 --> 00:23:15,000 So, did you get the test results? 396 00:23:15,420 --> 00:23:16,900 Yeah. There's nothing wrong with you. 397 00:23:17,290 --> 00:23:19,730 The reason you can't get pregnant is me. Low sperm count. 398 00:23:20,510 --> 00:23:21,510 Low motility. 399 00:23:21,570 --> 00:23:22,570 Whatever. 400 00:23:22,970 --> 00:23:27,070 Anyway, he gave me a shot in the butt and a prescription, which he's not too 401 00:23:27,070 --> 00:23:29,430 optimistic about, but what the hell, I'll try anything. 402 00:23:30,570 --> 00:23:31,570 So we'll see what happens. 403 00:23:32,430 --> 00:23:33,430 Yep. 404 00:23:35,230 --> 00:23:38,530 I guess I wasn't the guy to marry if you wanted to have kids, but... Stuart, 405 00:23:38,690 --> 00:23:41,750 whatever kids I have or don't have, you are the guy I'm going to have them with. 406 00:23:43,410 --> 00:23:45,570 I just don't think you're ever going to look at me the same way again. 407 00:23:46,060 --> 00:23:48,400 Is that what would have happened if there was something wrong with me? No. 408 00:23:48,620 --> 00:23:53,900 Would you never have looked at me the same way again? No, I... I just never 409 00:23:53,900 --> 00:23:55,060 thought of myself like this, that's all. 410 00:23:55,420 --> 00:23:57,540 Like what? Like someone incapable, that's what. 411 00:23:58,100 --> 00:24:01,560 I always imagined sending forth this dream that held life, not these little 412 00:24:01,560 --> 00:24:02,660 dribblings that don't hold anything. 413 00:24:03,160 --> 00:24:04,480 Why are you doing this to yourself? 414 00:24:04,780 --> 00:24:06,600 Stare me in the face, then. I'm not making it up. 415 00:24:18,830 --> 00:24:25,610 You know, just all my life I thought of myself as this admiral who was sending 416 00:24:25,610 --> 00:24:27,770 forth his legions to swarm the beachhead. 417 00:24:29,370 --> 00:24:34,190 And what I really was all this time was this little chubby guy watching a few 418 00:24:34,190 --> 00:24:37,070 refugees get washed up on the rocks. It's a little adjustment I gotta make. 419 00:24:38,830 --> 00:24:43,350 Why don't you think of it as a platoon of specially trained commandos on a 420 00:24:43,350 --> 00:24:44,249 secret mission? 421 00:24:44,250 --> 00:24:45,710 Definitely a more inspiring image. 422 00:24:46,350 --> 00:24:47,350 Yeah. 423 00:24:47,880 --> 00:24:53,120 And maybe, you know, who knows, come Christmas morning, that junior frogman 424 00:24:53,120 --> 00:24:55,660 might be sitting there under the tree. That's very funny. 425 00:24:57,640 --> 00:24:59,160 Get the prescription filled. 426 00:24:59,480 --> 00:25:03,420 I will. Tell the high command to plan an invasion for 2 ,100 hours tonight. 427 00:25:19,210 --> 00:25:24,030 I gotta tell you, this cassette just might surpass Cy Friedman's 1975 culotte 428 00:25:24,030 --> 00:25:25,030 mailing. 429 00:25:25,110 --> 00:25:30,290 And listen, good. I don't want you ever, ever coming into my office again. 430 00:25:30,690 --> 00:25:35,910 What? Do you think, Dave, you should have asked me before you started making 431 00:25:35,910 --> 00:25:37,170 sales pitch to my boss? 432 00:25:37,430 --> 00:25:39,250 Hey, I think I had him hooked. 433 00:25:39,630 --> 00:25:43,210 Besides, law firm marketing strategy is something you could play a part in. 434 00:25:44,240 --> 00:25:47,440 Try and understand something here. I'm not interested in playing a part. 435 00:25:47,940 --> 00:25:51,860 Junk mail may make up your life, but it has nothing to do with mine. 436 00:25:52,160 --> 00:25:53,019 Junk mail? 437 00:25:53,020 --> 00:25:53,999 That's right. 438 00:25:54,000 --> 00:25:54,959 Junk mail. 439 00:25:54,960 --> 00:25:59,640 What people are disappointed to find in their mailboxes. Listen, this is what I 440 00:25:59,640 --> 00:26:03,840 do. This house, those cars in the garage, all this stuff, we wouldn't have 441 00:26:03,840 --> 00:26:05,460 of it if it weren't for junk mail. 442 00:26:05,920 --> 00:26:07,540 That's right, that's right. Throw it up in my face. 443 00:26:07,760 --> 00:26:09,600 I am not trying to throw it up in your face. 444 00:26:09,840 --> 00:26:10,679 Yes, you are. 445 00:26:10,680 --> 00:26:14,300 The next thing I know, you'll start preening about how well you're providing 446 00:26:14,300 --> 00:26:15,700 me. Let me tell you something. 447 00:26:16,160 --> 00:26:18,980 I was poor when I met you. I can be poor again. 448 00:26:19,340 --> 00:26:24,420 The thing that I can't do is listen to any more of your sales letters, your 449 00:26:24,420 --> 00:26:30,670 brochures, your catalogs, or your incentive offers. I am sick... to death 450 00:26:30,670 --> 00:26:36,210 hearing you drone on about turtleneck dickies or regular stretch jeans or 451 00:26:36,210 --> 00:26:41,690 musical paperweights or decorative doorstops. I don't care about it, Dave. 452 00:26:41,690 --> 00:26:43,290 don't care about any of it. 453 00:27:09,610 --> 00:27:10,610 Miss Perkins? 454 00:27:10,630 --> 00:27:11,529 You're my temp. 455 00:27:11,530 --> 00:27:13,290 That's me. Great. I have to get to court. 456 00:27:13,830 --> 00:27:14,589 What's your name? 457 00:27:14,590 --> 00:27:15,389 Ronnie Page. 458 00:27:15,390 --> 00:27:16,390 Hi, I'm Abigail. 459 00:27:16,610 --> 00:27:20,610 I don't have anything for you to type just yet, so I think you'll probably 460 00:27:20,610 --> 00:27:21,609 be answering the phone. 461 00:27:21,610 --> 00:27:22,610 You know when you'll be back? 462 00:27:23,050 --> 00:27:25,450 No, I'm going to be down there until I get an assignment. That could be all. 463 00:27:27,330 --> 00:27:30,550 If there are standing calls, tell her that I will be taking the kids to school 464 00:27:30,550 --> 00:27:31,550 tomorrow. 465 00:27:31,910 --> 00:27:33,130 How do you want your phone answered? 466 00:27:33,910 --> 00:27:34,910 Good question. 467 00:27:35,590 --> 00:27:37,030 I guess just Abigail Perkins. 468 00:27:38,130 --> 00:27:39,129 Law office. 469 00:27:39,130 --> 00:27:40,130 of Abigail Perkins. 470 00:27:42,370 --> 00:27:43,370 Law offices. 471 00:27:43,710 --> 00:27:45,570 Law offices of Abigail Perkins. 472 00:27:46,370 --> 00:27:47,930 Yeah. Yeah, that's right. 473 00:27:51,210 --> 00:27:54,510 Mr. Lauterbach, your wife was with the American Ballet Theater when you met 474 00:27:54,530 --> 00:27:55,530 was she not? 475 00:27:55,550 --> 00:27:56,670 She was a dancer, yeah. 476 00:27:57,290 --> 00:28:00,490 And isn't it a fact that you urged her to give up being a dancer? 477 00:28:00,910 --> 00:28:02,130 Not if you wanted to have a family. 478 00:28:02,530 --> 00:28:05,410 I told her that'd be tough to do if you were taping all over the world with a 479 00:28:05,410 --> 00:28:06,359 ballet company. 480 00:28:06,360 --> 00:28:09,520 You also discouraged her from finishing college. Why was that? 481 00:28:10,500 --> 00:28:12,960 Well, she wasn't all that motivated in the first place. 482 00:28:13,160 --> 00:28:15,700 Besides, like I said, we were oriented towards having a family. 483 00:28:15,960 --> 00:28:16,960 Uh -huh. 484 00:28:17,520 --> 00:28:21,680 When you photographed your wife in various sexual positions with members of 485 00:28:21,680 --> 00:28:24,580 yacht's crew, was that part of being oriented toward having a family? 486 00:28:26,260 --> 00:28:28,420 She's going to make a whole opera out of this thing, isn't she? 487 00:28:29,820 --> 00:28:34,180 January 14th, 1984, did you take your wife to a bar called the Top Hat in 488 00:28:34,180 --> 00:28:35,180 Oakland, California? 489 00:28:35,390 --> 00:28:39,830 So what if I did? Are you going to stand in judgment of me? No. I want a jury to 490 00:28:39,830 --> 00:28:40,469 do that. 491 00:28:40,470 --> 00:28:41,610 Then it'll cost you. 492 00:28:41,810 --> 00:28:45,710 Ask her what she did. Ask her about the things she suggested. Come on, Richard. 493 00:28:46,010 --> 00:28:47,010 Stay calm. 494 00:28:47,310 --> 00:28:51,010 This afternoon we conduct our discovery, and I'll ask her. 495 00:28:51,870 --> 00:28:52,870 All right? 496 00:28:53,610 --> 00:28:58,350 I watched Cal today through the blinds as he hefted tacks of cement on his 497 00:28:58,350 --> 00:29:01,670 shoulders and thought of what it would be like to be held by him. 498 00:29:02,190 --> 00:29:06,150 To feel those sinewy arms close around me like steel cables. 499 00:29:07,830 --> 00:29:09,630 Who is Cal, Miss Heisler? 500 00:29:11,010 --> 00:29:13,450 Your client, Mr. Kuthe, Calvin Scholes. 501 00:29:14,470 --> 00:29:15,830 March 16th. 502 00:29:16,770 --> 00:29:20,110 Last night I dreamt some great weight was holding me down. 503 00:29:20,750 --> 00:29:25,630 Dogs bayed outside the windows as the sound of grunting grew louder and louder 504 00:29:25,630 --> 00:29:28,430 until it was the only thing I could hear. 505 00:29:29,130 --> 00:29:31,330 It was Cal I was dreaming of. 506 00:29:32,060 --> 00:29:34,660 And of course that is as close as I will ever come to him. 507 00:29:35,360 --> 00:29:37,620 You'll always keep your distance, Norma. 508 00:29:38,340 --> 00:29:43,340 Fearful that if you didn't, he would break you like a dry stick underfoot or 509 00:29:43,340 --> 00:29:48,260 disrupt your perfect quiet little world with his sweating and his grunting and 510 00:29:48,260 --> 00:29:54,580 his final constricted cry to be followed by the sound of him snoring contentedly 511 00:29:54,580 --> 00:29:55,580 by your side. 512 00:29:58,020 --> 00:29:59,320 What would it be like? 513 00:30:02,480 --> 00:30:06,620 Miss Heisler, I'm going to repeat the question I asked you yesterday. 514 00:30:07,560 --> 00:30:12,440 Was Calvin Scholes ever made to believe that you wanted to have sexual relations 515 00:30:12,440 --> 00:30:13,440 with him? 516 00:30:13,520 --> 00:30:14,700 You're grinning, Cal. 517 00:30:15,000 --> 00:30:17,980 Your Honor, I ask that the witness be directed to answer the question. 518 00:30:18,320 --> 00:30:21,460 Miss Heisler... Do you think you know me? Miss Heisler, you are directed to 519 00:30:21,460 --> 00:30:23,580 answer the question and stop addressing the defendant. 520 00:30:24,140 --> 00:30:27,960 No matter what's in that book. Your Honor. Miss Heisler. No matter what I 521 00:30:27,960 --> 00:30:33,000 or thought or wrote, you don't know me. Miss Heisler. And I never, ever gave you 522 00:30:33,000 --> 00:30:34,920 permission to do what you did. 523 00:30:37,500 --> 00:30:44,220 Now then, Mrs. Lauterbach, did your husband ever prevent you from pursuing 524 00:30:44,220 --> 00:30:46,120 your dance career, such as it was? 525 00:30:46,440 --> 00:30:49,900 He made it pretty clear that he didn't want me to. No, that's not what I asked 526 00:30:49,900 --> 00:30:52,320 you. Did he do anything to prevent it? 527 00:30:53,900 --> 00:30:55,980 He didn't break my legs, if that's what you mean. 528 00:30:57,140 --> 00:31:02,040 Did he do anything to prevent you from obtaining a college degree? 529 00:31:02,620 --> 00:31:03,820 He belittled me. 530 00:31:04,840 --> 00:31:08,520 He'd say my only job was to look good for him. I'm not asking you what he 531 00:31:09,060 --> 00:31:10,600 I'm asking you what he did. 532 00:31:10,900 --> 00:31:12,920 Come on, Rona, she's telling you what he did. 533 00:31:14,700 --> 00:31:16,040 He never took me seriously. 534 00:31:16,340 --> 00:31:20,460 He convinced me that I should just shop and look good for him. 535 00:31:20,660 --> 00:31:23,000 Except you didn't need all that much convincing, did you? 536 00:31:23,260 --> 00:31:24,960 I mean, you were always drawn to the Jets that life. 537 00:31:25,220 --> 00:31:27,500 That's why you married Richard Lauterbach in the first place. 538 00:31:28,460 --> 00:31:29,460 That's not true. 539 00:31:30,200 --> 00:31:31,440 No, I loved him. 540 00:31:32,540 --> 00:31:36,120 But I had dreams of my own. It wasn't until after we were married that he 541 00:31:36,120 --> 00:31:39,480 started destroying them and turning me out in the process. Right. 542 00:31:39,780 --> 00:31:40,980 Let's talk about that a little. 543 00:31:41,540 --> 00:31:46,940 You stated in your papers that you and your husband went to this bar in Oakland 544 00:31:46,940 --> 00:31:49,160 on or about January the 14th, 1984. 545 00:31:49,560 --> 00:31:51,620 You were taking Quaaludes that night, weren't you? 546 00:31:52,860 --> 00:31:53,860 I'm sure I was. 547 00:31:54,060 --> 00:31:59,980 Correct me if I'm wrong, ma 'am, but isn't the relaxation of sexual 548 00:31:59,980 --> 00:32:05,160 the main reason a person takes that drug? How did she know why a person 549 00:32:05,160 --> 00:32:07,240 it? Whose idea was it to take them? His. 550 00:32:07,740 --> 00:32:08,740 Always his. 551 00:32:09,700 --> 00:32:12,640 He loved to watch me fall down when I tried to dance. 552 00:32:12,900 --> 00:32:14,340 You were dancing that night in Oakland? 553 00:32:14,640 --> 00:32:16,380 Yeah, I was dancing. 554 00:32:17,560 --> 00:32:19,220 Dancing the only way I still could. 555 00:32:19,500 --> 00:32:21,220 Oh? How was that, Mrs. Lauterbach? 556 00:32:21,700 --> 00:32:22,780 Dancing with other men? 557 00:32:23,400 --> 00:32:25,060 Dancing to make your husband jealous? 558 00:32:25,500 --> 00:32:26,940 Yes. Okay. 559 00:32:27,880 --> 00:32:29,580 Dancing to make him crazy. 560 00:32:29,860 --> 00:32:33,000 I knew exactly what I was doing. It was all me. 561 00:32:33,240 --> 00:32:34,700 Jane. I mean it, Arnie. 562 00:32:35,060 --> 00:32:36,380 Maybe this woman is right. 563 00:32:37,020 --> 00:32:39,120 Nobody held a gun to my head. 564 00:32:41,480 --> 00:32:47,960 We'll be right back. 565 00:32:51,120 --> 00:32:52,580 Memory is a funny thing. 566 00:32:53,700 --> 00:32:58,880 In varying degrees, we all revise our own personal histories to accommodate a 567 00:32:58,880 --> 00:33:00,780 view of ourselves that we are comfortable with. 568 00:33:01,820 --> 00:33:06,840 The only problem with the revision that you have heard here is that this man is 569 00:33:06,840 --> 00:33:12,260 facing 20 years in prison because of it. Now, you've all heard Norma Heisler's 570 00:33:12,260 --> 00:33:16,160 diary, and I think you'll agree that it paints a portrait of a woman who's led a 571 00:33:16,160 --> 00:33:17,560 rather cloistered life. 572 00:33:18,800 --> 00:33:20,100 Ambivalent about her sexuality? 573 00:33:20,830 --> 00:33:23,030 profoundly troubled by her own desires. 574 00:33:23,690 --> 00:33:26,150 Was Calvin Scholes wrong to have read it? 575 00:33:26,990 --> 00:33:27,990 Absolutely. 576 00:33:29,090 --> 00:33:30,430 Was a rape committed? 577 00:33:31,050 --> 00:33:35,850 Well, when you examine this case with an objective, dispassionate eye, when you 578 00:33:35,850 --> 00:33:41,430 consider that no weapon was used, no screams were heard, and no signs of a 579 00:33:41,430 --> 00:33:46,930 physical struggle were detected, then at the very least, you must find that a 580 00:33:46,930 --> 00:33:48,510 reasonable doubt exists. 581 00:33:49,960 --> 00:33:51,700 Does that mean that this woman was lying? 582 00:33:52,360 --> 00:33:53,360 Not really. 583 00:33:53,660 --> 00:33:55,960 She's convinced that what she told you is true. 584 00:33:57,240 --> 00:34:03,000 If she clings to an illusion, it's because the memory of not simply 585 00:34:03,000 --> 00:34:08,179 to sexual relations with the defendant, but inviting them, is so painful that 586 00:34:08,179 --> 00:34:12,179 she now seeks to extricate herself from its grip. The truth is, ladies and 587 00:34:12,179 --> 00:34:14,760 gentlemen, she is not lying. 588 00:34:17,179 --> 00:34:18,179 She's remembering. 589 00:34:19,120 --> 00:34:20,400 The only way she can. 590 00:34:35,219 --> 00:34:42,199 A bright, articulate, 38 -year -old woman calls the police 591 00:34:42,199 --> 00:34:43,239 and says she was raped. 592 00:34:44,969 --> 00:34:49,110 She submits to a physical examination, which shows the presence of semen in her 593 00:34:49,110 --> 00:34:50,110 vagina. 594 00:34:50,489 --> 00:34:53,030 And she names the defendant as the man who raped her. 595 00:34:54,570 --> 00:34:58,870 Now, he never denies his presence in her apartment. He never denies the semen 596 00:34:58,870 --> 00:34:59,870 was his. 597 00:35:00,450 --> 00:35:06,450 And all he offers in his defense is a claim that she wanted him to do what he 598 00:35:06,450 --> 00:35:10,770 did. And all he offers as proof is her diary. 599 00:35:11,970 --> 00:35:14,030 Imagine. This one. This. 600 00:35:15,800 --> 00:35:20,560 Temptress had the temerity to actually write down some of her thoughts about 601 00:35:20,560 --> 00:35:25,880 sex. According to Mr. Cusack, what she really should have done was send the 602 00:35:25,880 --> 00:35:30,140 defendant a monogrammed cigarette lighter instead of going to a district 603 00:35:30,140 --> 00:35:32,780 attorney's office and sobbing her eyes out. 604 00:35:34,620 --> 00:35:40,920 According to Mr. Cusack, she should be grateful to that man who terrified her 605 00:35:40,920 --> 00:35:42,520 for six and a half hours. 606 00:35:43,720 --> 00:35:45,240 Who tripped her naked. 607 00:35:46,260 --> 00:35:48,060 Who penetrated her repeatedly. 608 00:35:49,260 --> 00:35:52,300 And left her quivering with fear on the floor of her own home. 609 00:35:53,560 --> 00:35:55,060 She should be grateful. 610 00:35:55,460 --> 00:35:56,860 Oh, no, no, no, no. 611 00:35:57,680 --> 00:36:01,180 Don't listen to Norma Heisler when she tells you she was raped. Because these 612 00:36:01,180 --> 00:36:02,820 two gentlemen know better. 613 00:36:03,800 --> 00:36:05,160 You know what they'll tell you? 614 00:36:06,460 --> 00:36:11,480 That when it comes to sex, poor little Norma doesn't know what she wants. 615 00:36:12,160 --> 00:36:17,240 Well, right here and right now, I want to tell them and I want to tell you that 616 00:36:17,240 --> 00:36:19,640 rape isn't sex. 617 00:36:20,140 --> 00:36:21,320 Rape is violence. 618 00:36:22,780 --> 00:36:24,880 Norma Heisler wasn't a participant. 619 00:36:25,260 --> 00:36:26,480 She was a victim. 620 00:36:27,400 --> 00:36:30,520 Calvin Scholes wasn't her lover. He was her rapist. 621 00:36:30,940 --> 00:36:36,660 And whoever tells you otherwise, they are the ones clinging to the illusion. 622 00:36:37,520 --> 00:36:39,100 And what a brutal... 623 00:36:39,859 --> 00:36:41,600 brutal illusion it is. 624 00:36:53,520 --> 00:36:54,760 Please let me get your signature. 625 00:36:56,860 --> 00:37:00,300 Tell Betsy I'll make myself available for interviews all day Friday. 626 00:37:00,620 --> 00:37:03,180 Ask her if she thinks I ought to have some new headshots taken. 627 00:37:03,460 --> 00:37:04,460 Okay. 628 00:37:05,900 --> 00:37:07,220 Hanging around kind of late, aren't you? 629 00:37:08,750 --> 00:37:09,810 Do you want to talk about it? 630 00:37:11,890 --> 00:37:18,390 I know I'm probably setting myself up for the big I told you so, but the truth 631 00:37:18,390 --> 00:37:21,230 is I've actually been envying people who wake up alone. 632 00:37:21,630 --> 00:37:23,790 There's an upside and a downside to everything, Rox. 633 00:37:24,790 --> 00:37:27,930 Come on, Ernie, don't be such a philosopher. You've been against this 634 00:37:27,930 --> 00:37:28,930 from the start. 635 00:37:29,090 --> 00:37:32,470 Yes, I was, but only because I thought you were getting into it for the wrong 636 00:37:32,470 --> 00:37:33,470 reason. 637 00:37:33,730 --> 00:37:36,270 Well, now that you're in it, I think you ought to give it a fair shot. 638 00:37:37,120 --> 00:37:38,680 What makes you think I haven't? 639 00:37:40,020 --> 00:37:41,220 You're not in love with him, Rox. 640 00:37:41,440 --> 00:37:44,080 I think he knows it. Of course he knows that. 641 00:37:44,880 --> 00:37:48,100 I've been honest with him about that from the start. He said it doesn't 642 00:37:48,420 --> 00:37:49,420 Well, then he's a liar. 643 00:37:50,040 --> 00:37:52,860 Look, you're it for him. He needs to think that he's it for you. And I don't 644 00:37:52,860 --> 00:37:53,860 care what he tells you. 645 00:37:53,900 --> 00:37:56,280 He needs for you to be his biggest fan. 646 00:37:56,780 --> 00:37:58,160 That's going to be pretty hard, Arnie. 647 00:37:58,780 --> 00:38:03,060 The truth is, he embarrasses me. I hate to admit it. 648 00:38:03,500 --> 00:38:08,320 But I see the way people react to David. He starts to talk and their eyes 649 00:38:08,320 --> 00:38:12,180 wander. They get these little forced smiles at the corners of their mouth and 650 00:38:12,180 --> 00:38:15,640 they take the first possible chance to get away. You've done it. Hell, I've 651 00:38:15,640 --> 00:38:16,640 it. 652 00:38:18,660 --> 00:38:21,280 Being boring isn't the worst thing in the world, Rox. 653 00:38:21,860 --> 00:38:22,860 Dave's decent. 654 00:38:23,060 --> 00:38:24,060 He's kind. 655 00:38:24,140 --> 00:38:25,260 You did marry him. 656 00:38:25,700 --> 00:38:29,400 Now either own up to that and start acting like his wife or let me know. 657 00:38:29,400 --> 00:38:30,500 drop some divorce papers. 658 00:38:30,880 --> 00:38:32,640 As far as being embarrassed goes. 659 00:38:33,340 --> 00:38:35,780 The only thing you have to be embarrassed about is the way you've been 660 00:38:35,780 --> 00:38:36,780 him. 661 00:38:46,140 --> 00:38:47,780 Has the jury reached a verdict? 662 00:38:48,860 --> 00:38:49,880 We have, Your Honor. 663 00:38:58,120 --> 00:38:59,120 I'll find you. 664 00:38:59,260 --> 00:39:01,120 We find the defendant guilty. 665 00:39:03,470 --> 00:39:07,330 The court thanks the jury for their time and their diligence. 666 00:39:07,810 --> 00:39:09,770 The defendant is remanded to custody. 667 00:39:10,310 --> 00:39:12,190 Sentencing is set for December 29th. 668 00:39:13,670 --> 00:39:15,170 This court is now adjourned. 669 00:39:19,870 --> 00:39:21,930 Oh, thank you so much. 670 00:39:25,530 --> 00:39:29,030 Miss Heisler, I want you to know that I hope you're okay. 671 00:39:29,710 --> 00:39:33,330 I'm not altogether uncomfortable believing that the interests of justice 672 00:39:33,330 --> 00:39:34,330 been served here. 673 00:39:34,410 --> 00:39:37,930 Mr. Cusack, as far as I'm concerned, the only difference between you and your 674 00:39:37,930 --> 00:39:39,930 client is that he's the one who got convicted. 675 00:39:41,390 --> 00:39:44,470 I'm a defense lawyer. All I was doing was putting on a defense. 676 00:39:44,670 --> 00:39:45,770 You're much too modest. 677 00:39:46,310 --> 00:39:50,790 You turned me inside out. You destroyed whatever last scraps of dignity and 678 00:39:50,790 --> 00:39:51,990 privacy I had left. 679 00:39:52,550 --> 00:39:56,490 You took what was mine, what belonged to me, and you distorted it so that you 680 00:39:56,490 --> 00:39:57,530 could watch me wither. 681 00:39:58,640 --> 00:40:00,100 Well, I didn't wither, did I? 682 00:40:00,500 --> 00:40:05,380 Miss Heisler, look, I may not have been sure of my client's innocence, but I 683 00:40:05,380 --> 00:40:06,940 can't do my job halfway. 684 00:40:07,320 --> 00:40:11,240 You see, I, on the other hand, have always been dead sure of your client's 685 00:40:11,240 --> 00:40:15,540 guilt. So you will understand if I don't thank you for your good wishes. 686 00:40:19,920 --> 00:40:23,580 I believe the critical question, Your Honor, is did this man's behavior exceed 687 00:40:23,580 --> 00:40:25,780 the reasonable bounds of marital conduct? 688 00:40:26,350 --> 00:40:30,010 If it did, the no -fault statute should not make him immune to the consequences. 689 00:40:30,410 --> 00:40:33,410 Mr. Becker is making this up as he goes along. 690 00:40:33,670 --> 00:40:37,950 My client is a damaged woman. Do you deny that? Where is your client, Mr. 691 00:40:37,990 --> 00:40:41,250 Becker? I'm not sure, Your Honor. I expect her any time now. 692 00:40:41,490 --> 00:40:44,150 Whether she's damaged or not is irrelevant. 693 00:40:44,790 --> 00:40:47,690 There's no standing to sue. There's no cause of action. 694 00:40:48,070 --> 00:40:49,110 Excuse me. 695 00:40:49,930 --> 00:40:52,950 Please be seated, Ms. Lauterbach. No, I'm not staying. 696 00:40:53,950 --> 00:40:55,130 I can't do this. 697 00:40:55,850 --> 00:40:56,850 I'm sorry. 698 00:40:57,630 --> 00:41:02,110 Your Honor. Your Honor, please. I need a short recess to confer with my client, 699 00:41:02,250 --> 00:41:05,850 Jane. Ernie, please. I just can't go through with this. 700 00:41:06,130 --> 00:41:10,110 Ms. Lauterbach, are you stating that you intend to withdraw your complaint? 701 00:41:10,890 --> 00:41:15,290 Right. Whatever you call it, Richard has offered to increase my support payments 702 00:41:15,290 --> 00:41:18,490 until I get back on my feet. That's all I ever wanted to do. Did you know about 703 00:41:18,490 --> 00:41:19,490 this? No. 704 00:41:19,830 --> 00:41:23,950 Wait. Your Honor, please. All I need is a minute. Ten -minute recess. 705 00:41:27,779 --> 00:41:31,500 Jane! Jane, what are you doing to me? Listen, Arnie, I appreciate your trying 706 00:41:31,500 --> 00:41:34,380 help, but I just can't go through with it. Does this guy really have you that 707 00:41:34,380 --> 00:41:35,380 wrapped around his finger? 708 00:41:35,740 --> 00:41:36,740 It's not that. 709 00:41:36,840 --> 00:41:40,120 Well, what is it, then? Is humiliating me serving some therapeutic end for you? 710 00:41:40,580 --> 00:41:41,960 Did your shrink tell you to do it? 711 00:41:42,240 --> 00:41:45,900 Please, Arnie, don't turn on me. I just can't go through with it. 712 00:42:07,319 --> 00:42:09,440 Are you sure you want to be seen with me? 713 00:42:10,040 --> 00:42:13,940 Patriarchal terrorist, brutalizer of women, courtroom bully. 714 00:42:15,260 --> 00:42:18,260 You can think I'm going to jump in and tell you how much I admire you. 715 00:42:18,900 --> 00:42:19,900 Forget it. 716 00:42:19,930 --> 00:42:22,690 Am I about to get beat up again for being a lawyer, Grace? 717 00:42:23,510 --> 00:42:24,930 Not for being a lawyer. 718 00:42:26,050 --> 00:42:30,290 For being single -mindedly devoted to putting a vicious bastard like Calvin 719 00:42:30,290 --> 00:42:31,630 Schultz back on the street. 720 00:42:31,850 --> 00:42:37,630 I have to hear this from you? It occurs to even me that there just might be one 721 00:42:37,630 --> 00:42:41,710 or two things more important than all us officers of the court playing our 722 00:42:41,710 --> 00:42:42,710 assigned role. 723 00:42:42,730 --> 00:42:46,010 Right. And Mussolini made the trains run on time. 724 00:42:46,350 --> 00:42:48,370 That is a tired old speech, Michael. 725 00:42:48,920 --> 00:42:53,540 And I have spent too many years watching dangerous people slither out from 726 00:42:53,540 --> 00:42:57,620 paying the price for what they did, only to do it again. In case you've 727 00:42:57,620 --> 00:42:58,680 forgotten, I lost. 728 00:42:58,960 --> 00:43:02,780 And my client can expect to be behind bars for the next decade or so. 729 00:43:03,020 --> 00:43:05,660 Yeah, well, don't feel too bad. You got your licks in. 730 00:43:06,020 --> 00:43:10,180 You made sure there'd be yet another woman who'd think long and hard before 731 00:43:10,180 --> 00:43:12,780 enduring a trial the next time she's raped. 732 00:43:13,060 --> 00:43:14,720 You gonna take him out and shoot him? Fine. 733 00:43:15,340 --> 00:43:18,520 Let me know, I'll stop knocking myself out and find another country to live in. 734 00:43:19,200 --> 00:43:22,860 But until then, I'll pass on joining the lynch mob. 735 00:43:23,220 --> 00:43:24,220 Thank you very much. 736 00:43:30,180 --> 00:43:31,180 Hello? 737 00:43:32,960 --> 00:43:34,040 Hello? Hello? 738 00:43:35,180 --> 00:43:36,180 Hello? 739 00:43:37,320 --> 00:43:40,440 You know, you really ought to keep the door locked when you're here after 740 00:43:40,700 --> 00:43:42,180 Yeah, you never know who'll come walking in. 741 00:43:42,660 --> 00:43:44,780 Wait, you mean like you guys? You know what I'm talking about. 742 00:43:45,160 --> 00:43:47,520 If I was to tell you the truth right now, I wouldn't be all that picky. Well, 743 00:43:47,640 --> 00:43:51,760 then let us toast to the day that you can be just as picky as you want. No, 744 00:43:51,760 --> 00:43:54,740 got cups. Wait, wait. And from two associates you left behind. What? 745 00:43:55,520 --> 00:43:56,520 Oh, God. 746 00:43:57,860 --> 00:43:59,220 A dictator is born. 747 00:44:04,240 --> 00:44:06,520 You got me a dictator in this team. 748 00:44:08,660 --> 00:44:09,880 You guys are the greatest. 749 00:44:14,440 --> 00:44:15,440 You miss us? 750 00:44:16,900 --> 00:44:20,500 I'm going to tell you something, Abby. You took a lot in there. 751 00:44:20,760 --> 00:44:22,360 Yeah, probably a lot more than brains. 752 00:44:22,640 --> 00:44:23,558 You love it. 753 00:44:23,560 --> 00:44:25,420 Yeah. Well, then let's toast to that. 754 00:44:27,440 --> 00:44:29,160 You know, 755 00:44:30,480 --> 00:44:33,500 I still can't get over that she would do this to me. It's unbelievable. 756 00:44:34,540 --> 00:44:38,560 Call me crazy, but maybe she felt her welfare was a little more important in 757 00:44:38,560 --> 00:44:39,760 this instance than yours. 758 00:44:39,980 --> 00:44:42,040 Yeah, well, you see, there's part of the problem right there. 759 00:44:42,410 --> 00:44:45,570 I hate to say this, but betrayal is something of an occupational hazard with 760 00:44:45,570 --> 00:44:46,570 female clients. 761 00:44:46,610 --> 00:44:50,370 They come in pleading for me to be their knight in shining armor, and I do it. 762 00:44:50,790 --> 00:44:55,510 And then an ex -husband comes in and he makes him some promises, or he throws 763 00:44:55,510 --> 00:44:57,990 him one between the sheets, and I get hung out to dry. 764 00:44:58,310 --> 00:45:01,710 Did it ever occur to you that this woman might have done what was right for her? 765 00:45:03,230 --> 00:45:05,470 What's with you, Monica? Can't you just give it up a little bit? 766 00:45:05,930 --> 00:45:09,090 Can't you just say, hey, Arnie, you got shafted. How about let me make you feel 767 00:45:09,090 --> 00:45:13,310 better? How about, uh, let me run you a bath? Or how about let me fluff up your 768 00:45:13,310 --> 00:45:15,570 pillows? Or how about, uh, let me bring you some cocoa? 769 00:45:15,790 --> 00:45:18,750 I don't think I've ever known a more self -centered man. 770 00:45:19,070 --> 00:45:22,150 Others work at it, but you are truly gifted. 771 00:45:23,070 --> 00:45:24,430 You know something? You're unbelievable. 772 00:45:24,670 --> 00:45:26,150 You and Roxanne have a lot in common. 773 00:45:26,450 --> 00:45:29,630 You both dole out your affection with a medicine dropper while the guy dependent 774 00:45:29,630 --> 00:45:30,990 on it twists slowly in the wind. 775 00:45:31,190 --> 00:45:34,130 That's the thing about women, isn't it? They'll fail you every time. 776 00:45:34,370 --> 00:45:36,230 Well, my mistake was thinking that you might be different. 777 00:45:36,510 --> 00:45:37,530 Oh, no, Arnie. 778 00:45:38,030 --> 00:45:39,770 Your mistake was not knowing that I am. 779 00:45:40,910 --> 00:45:44,030 I sincerely suggest you consider where this relationship is headed. 780 00:45:44,810 --> 00:45:47,090 It's headed out the door, just like me. 781 00:45:47,650 --> 00:45:49,350 Monica, if you go out the door, don't come back. 782 00:45:49,970 --> 00:45:51,350 Oh, I won't come back. 783 00:45:54,470 --> 00:45:55,470 Monica? 784 00:46:11,340 --> 00:46:12,560 No, I already ate. 785 00:46:14,080 --> 00:46:15,700 Tired? A little. 786 00:46:16,620 --> 00:46:19,480 Why don't you sit down, and I'll put on some music. 787 00:46:20,480 --> 00:46:22,220 A little Sinatra, maybe? 788 00:46:22,500 --> 00:46:25,820 No. I'm not in the mood for Sinatra right now. 789 00:46:26,100 --> 00:46:27,460 Can I make you a drink? 790 00:46:27,860 --> 00:46:28,860 Sure. 791 00:46:32,560 --> 00:46:37,500 Whoever you are, please don't waste one more second listening to this tape 792 00:46:37,500 --> 00:46:42,330 unless, like... 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