Original subtitles

The penalty phase will start in two days.

I can't.

I can't sit in that courtroom anymore.

We'll be there.

It's gonna be rough.

It couldn't be any rougher than the trial was.

I'm going to need one of you to testify about how the crime affected you.

I'll do it.

I'll do anything to make sure that that man who butchered my little boy gets the

death penalty.

I'd kill him myself if I didn't have to worry about my wife.

Excuse me.

I feel the same way.

Kill the bastard and be done with it.

Why can't I just order coasters? Why do I have to order item number 15-37

-ARZ?

Bad day?

The beer guy delivered the wrong order. The fire inspector said I need new

sprinklers.

But enough about me.

How was your day?

Ah, the usual.

You doing anything tonight?

Oh, yeah, I got a big night planned.

I'm gonna take John for a walk.

Then I'm gonna sleep nine hours straight.

Why do you ask? I just thought you might like to come over to my place.

We could have a late dinner, watch Dirty Harry.

You feeling sorry for me, Kay?

No, no, I just thought, you know, we could spend some time together.

It's been a while.

Yeah, since we did anything fun.

Let me get you a beer.

I want you to be

first thing.

I see when I get up in the morning.

I didn't believe.

I mean every morning.

I still want us to move in together.

Your parents are coming? When?

Day after tomorrow.

Why are they worried about you? Divorce?

Yes.

They like Bruce?

No.

Can I meet him?

And after they leave?

Can we move in together?

Why won't you talk about this?

It's too soon. I'm not ready.

I love you, Tess.

Well, it's not that big a surprise, is it?

I mean, you must know how I feel about you.

i love you i want you to know it

in the last 15 years owen

hatch has been arrested seven times for child molestation

inflammatory right

can you use the three convictions yes

Can you use the fact the cops found pieces of four other kids buried in his

vegetable garden, or is that inflammatory too?

Ms. Kaufman?

Yes?

Marie Schaffner.

I'm taking the penalty phase in the Owen Hatch case.

What happened to the other lawyer?

Cronish. Cronish was counting on an acquittal.

Oh, you gotta be kidding me.

Kronisch doesn't have the time to give 100% to the penalty phase.

He asked me to step in.

Will you be asking for an extension?

No.

My client has something he'd like to trade.

If you'll drop the death penalty demand, give him life without parole.

Your client is going to trade a jail cell for a cemetery plot.

And that is all he is going to trade.

Uncle Murray?

He's my mother's brother.

Only takes capital cases, trying to save as many people as he can from what he

calls the frenzied wrath of a vengeful society.

How's your mother feel about it? She agrees with him.

So you're the black sheep.

Murray's smart. He's good.

He's passionate.

You'll have quite a fight on your hands.

What do you want me to do about his offer to trade?

Let's see what he's got.

I don't care if he can lead you straight to Jimmy Hoffa.

You cannot make a deal with this guy, Tess.

What's the death penalty for if it's not for animals like Owen Hatch? I don't

know.

He murders children, Tess.

He tortures them.

and he mutilates them, and he uses what's left of them to fertilize his

cucumbers.

Yeah, sure. Let me talk about something else.

It was almost like Kay was hitting on me.

Invited me back to her place for a late dinner.

Did you go?

No, I didn't go.

I couldn't figure out what she was getting at, and I...

Didn't want to do something that might hurt her.

Looks like you need some help.

You want to rescue him?

What was that all about?

Arthur put me on the Callahan slave case.

Really? Where?

Who? You girls spend 90% of your time trying to make yourselves more

attractive to men. Then when we respond, as nature intended, you start screeching

like a Siamese in heat. As usual, John, you have nothing enlightening to

contribute, so you spew your rancid reactionary dogma.

I haven't met them.

Tamara.

She says that he just hauled off and punched her for no reason. And he says

that she tried to brain him with a light stand, and he's just defending himself.

Nice paper.

Yeah.

You want to watch any more of this? No.

Well, this is our last night alone together before your parents get here.

We woke you up, sweetheart.

We decided to drive straight through it.

How's my girl?

Hi, Daddy.

Tess?

Sorry. I'm sorry, but I... I can see Sean's face.

I can see him trying to hem and paw his way around.

How'd your parents think?

You mean, like this?

If you won't tell me what you've got, Mr. Hatch, then we've got nothing to

discuss. We want at least a tentative commitment in advance.

As I said, it's for the greater good of society.

If he's so interested in the greater good of society, why doesn't he

volunteer for some virus tests?

I can appreciate your need to have him here both as an interpreter and a case

agent, but he's not doing much for the atmosphere.

We're wasting our time with this.

It's the Nakashima case.

I know who killed him.

If you want to know too, you've got a deal.

I'm Sean Kelly.

I've been assigned this case.

How old are you?

I've read the police report.

I'm not inclined to proceed with this case. What?

What? It looks to me like a clear instance of mutual battery. If I

prosecute one of you, I'll have to prosecute both of you. Wait a minute. It

didn't get mutual until after he punched me in the chest.

I have a bruise the size of a cantaloupe. Hey, hey.

You don't have anything on your chest bigger than a grape. Come on, let's see.

You'd like that, wouldn't you, you noxious pig? I'd rather have crows pluck

out my eyes. Excuse me.

I'm going to have my investigator interview your co-workers to try to

clarify the police reports.

When his investigation is completed, I'll get back to you.

Nakashima's company was ready to pump half a billion dollars into this city's

economy.

Now they think the streets aren't safe and the police are incompetent.

The mayor would be very happy if we could point the finger at the thug that

robbed and killed Nakashima.

We'd all be very happy, Gold.

But it's not worth making a deal with Owen Hatch. He's not going to walk,

Cobb. Life without parole is not exactly a trip to Disneyland.

He deserves to die.

I would throw the switch myself.

How do you feel about it?

I think she's got mixed emotions about the death penalty. Anybody with a brain

has mixed emotions about the death penalty.

Well, then I must have checked my brain at the door.

Tess.

Why don't we find out if the police need Owen Hatch's information?

That's why she outranks you.

Weaver.

How's it going, Cobb?

You tell me.

What do you want to hear?

I want to hear that you cracked the Nakashima case.

The only thing I've cracked is the overtime budget.

You got something I can use?

At the moment, this is a one-way exchange of information.

From you to me.

Maybe I get a payback someday?

Yeah. Maybe soon.

Maybe never.

Mm-hmm.

Libby. Don.

I heard you were in town.

Hi, Tess.

This is great, huh? Just like old times.

What do you want?

I'm just here to see Mom and Dad.

They're not who Mom and Dad are. Yes. She's been acting like this for months.

And she's being really vindictive about the divorce.

He's saying you're rude and vindictive.

I have to go back to work.

You can stay, Fincher.

It's great to see you.

We'll talk.

I don't think so, Bruce.

Tess is making some pretty stupid financial decisions, Don.

Maybe you could talk to her, get her to...

be a bit more reasonable.

You can't really think I'm gonna be taking your side.

I'm just trying to help her.

Her emotions are clouding her judgment.

If she's getting you out of her life, I'd say her judgment is crystal clear.

They are still working up some clues.

They have not observed another suspect yet.

Who's the case agent?

Weaver. Time's running out.

Good afternoon to you, too, Murray. You're squatting on a landmine, Arthur.

It's a position I've occupied before.

I've had lunch with Mayor Devan's legislative assistant. The big boys want

the Nakashima case clear, and they don't care how it gets done.

I know. I've had three calls so far.

And you're still dithering.

Make the deal, Arthur.

It's not my case, Murray.

But you can overrule her.

And I will if I see a reason to. In the meantime, she is the person you have to

talk to. I won't stop with the mayor's office.

I'll do whatever I have to do.

To save your client from the frenzied wrath of a vengeful society?

That's right, Mr. Cobb.

Capital punishment is the last tattered vestige of state-sanctioned barbarism.

We will not cease our cry for bloody retribution.

We can never conquer the darkness in our own souls.

Well, you make a lot of speeches, don't you?

There's an ounce of your heritage left in your blood, Arthur. You'll give Owen

Hatch life without parole.

That's up to the judge and jury.

Only because you're presenting them with a choice. It's what the system is about,

Murray. You are the system, Arthur. The power resides with you.

And you, you can live with yourselves.

Fine.

I'll see you in court.

Now, getting back to Weaver, how does he feel about you?

Not going to invite me to the prom, but he's straight up.

You can work with him?

Yeah.

Good.

Give me a hand.

You have information he doesn't have. Share it with him.

See what you turn up.

Penalty phase starts tomorrow.

Well, stretch it out. I want to keep my options open.

If you don't want to deal with Hatch, give us what we need to avoid having to

do so.

Hatch has been in isolation under 24-hour surveillance.

They let him out under guard to receive visitors and meet with lawyers. That's

it. So he's out of the loop.

No way he could have gotten his information from other inmates.

Unless he bribed a guard.

We'll hope it's a visitor.

Okay, what can I do for you? I want to see the visitor's book. Who are you

interested in? Owen Hatch.

That's an easy one.

Okay, here we go.

Except for his lawyers, he's only had one visitor.

Larry Barber? You know him? Yeah, a scum of the earth, but not real hard to find.

Yeah

Like

35

Do you think Dickie's mad at me?

He's been acting kind of funny.

What?

Tess, I want to be with Dickie.

I don't want to tie him down, but I just want to see if I can, you

know, respond the way I used to.

And he's the only guy I trust.

What do you think I should do?

Talk to him.

Okay, can you turn this up?

Sure.

Simpering liberals would have us believe, Tori. You're talking about Owen

Hatch. Not as immutable as you hidebound conservatives seem to think. If the DA's

office has a chance to clear the Nakashima case, they should jump at it.

Oh, sure. They should just jump at it. I think Murray Schaffner has been busy.

Just let the man go free.

I thought you said he'd be easy to find. He prowls at night.

He'll be coming home soon.

Like now, he's a young guy with a cap.

Oh, why do they always do this?

I didn't do it. I don't know nothing. That's right, Larry. We'd just like to

roust you.

You went to see Owen Hatch?

Yeah, so?

So, what did you talk about?

What's that?

Did the name Nakashima figure into your conversation?

You told Hatch who shot Nakashima, and we think you ought to share that

information with us, too.

And did I get my money back?

Oh, do I have your money?

Well, what about my stuff?

I didn't see any stuff.

You see any stuff?

No.

I don't believe I did.

No stuff.

And if we didn't find any stuff, I don't think we can arrest them now, can we?

You grasp your options here, Larry.

We can arrest you for dealing, or you can tell us what we want to know.

Dealer's choice.

Lair.

What were the conditions of Mr. Hatch's latest parole?

Reporting to me twice a week, taking drug and alcohol tests once a month, and

he was ordered never to be alone with anyone under the legal age of majority.

Did Mr. Hatch ever violate these conditions?

Yes, he tested positive for drug use just before he was arrested for the

murder of the Adams boy.

Was he taken into custody for the parole violations?

Yes, I went with the police to pick him up for that.

And what did you find?

Objection, Your Honor. This is cumulative. The jury's already heard

this testimony in the guilt phase.

Your Honor, testimony is as relevant in this phase as in the other.

I'm going to allow it, Mr. Schaffner.

What did you find, Ms. Baxter?

We found Mr.

Hatch cutting up the child's body.

Thank you.

I have no further questions, Your Honor.

Court is adjourned until 2 o'clock.

My

client

still wants to give you that name.

Name?

Does your client have a name for us?

we've got the name hatch we got the man himself we got the murder weapon and we

got the witness id choke on it

excuse

me excuse me oh don't you hit me

How dare you not prosecute my case? This man attacked me viciously for no reason.

I want him to stand trial.

Thank you, Ellie.

You're welcome, Arthur.

Judging from what I'm hearing, I assume you've made your position clear? Yeah,

clear as mud. He says we have no case.

I see.

Would you like to sit down?

Thank you.

When you had the altercation, who started it? He did. She did.

Who kept fighting when the other wanted to withdraw?

She did.

He did. She did. Are there any witnesses who saw the initiation of the

hostilities? No.

They just heard a commotion, came running, and found these two pummeling

each other. Where's the case, Miss Slade? Mr. Callahan?

Your stories conflict.

And there are no independent witnesses to help the court reach a determination.

Now, if you insist on seeking redress, I suggest you do so in the civil court.

The district attorney's office chooses not to be involved.

Fine.

Fine. Thank you. No, no, thank you. Thank you, and thank you. Don't start!

Don't start with me!

Every time my wife falls asleep, she wakes up screaming.

She says that she dreams about seeing pieces of Jeffrey's body

floating in a red ocean.

She says that she can hear Jeffrey calling out to her, but his

voice is drowned out by the sound of a laughing man.

And then it's just silent.

I don't know if that answers your question, Ms. Kaufman.

The impact on our lives of what that man did to our son is indescribable.

And the worst thing is that we know that no matter how

excruciating our pain is, it's nothing to what Jeffrey suffered.

He was just this happy little boy.

Yeah.

Reminds me of my own son.

I thought that there couldn't be anything worse than having your child

die.

But I was wrong.

Zach... just...

suddenly... wasn't there anymore.

I had to deal with the grief.

But I didn't have to deal with the knowledge that

some maniac had...

I'm okay.

Am I interrupting anything important?

What do you want, Pris? I want to talk to Tess.

Alone.

No.

Fine.

I'm here to ask you to give me more time so I can raise the money to buy you out

of the Broderick investment.

No more extensions, Bruce.

You got two days left. If you can't raise the money by then, we cash out.

Tess, all I'm asking... Anything new to say to me, Bruce?

Anything that you haven't said to me 100 times before? If I keep repeating

myself, it's because you never seem to understand what I'm saying.

I understand what you're saying.

Don't care.

Now get out of my office.

Get out of my sight. Get out of my life.

Sean Kelly?

This bozo?

How many guys have you been fooling around with, Tess?

Don't even think about it, Bruce.

Close your fist.

You get more bang for your buck.

Can't sleep?

I have a hard case.

This one.

I read it.

I can see how it would keep you up nights.

When was the last time you took a vacation, Tess?

Two years ago.

Your mother thinks you're working too hard.

What do you think?

I think you're terrific.

I will do the easy stuff.

Yeah, I guess I always let your mother do the hard stuff.

I'm a pushover.

I like Shawn.

Better than Bruce?

I tried to like Bruce.

I just could never manage it.

You were right about him.

When is the divorce final?

In a few months.

May I give you some advice, Tess?

Don't rush into another marriage.

Take your time.

If Sean is the right one...

It'll keep.

Have I ever told you how proud of you I am?

Good night.

Good night.

The whole truth and nothing but the truth will help you, God? I do. State

your name, please.

Martine Sullivan.

What is your relationship to Owen Hatch, Miss Sullivan?

He's my brother.

Is he older or younger?

There were five of us. Owen is the oldest.

You said there were five of you?

I had another brother, and he died.

Tommy. How did Tommy die?

My father beat him to death when Tommy was seven.

Why?

I don't know what set him off. Maybe Tommy wouldn't stop crying.

Maybe he wouldn't eat his carrots. I don't know. It never seemed to matter

what we did. It was always wrong.

So your father went to prison?

Yes.

So you're rid of him then?

He did two and a half years.

When he got out, my mother took him back.

What was your life like then?

Well, somehow my father had gotten it into his head that everything was Owen's

fault, so compared to what Owen went through, my life was a stroll in the

park.

Can you tell the jury how your father treated Owen?

Please confine yourself to incidents that you actually witnessed.

That could take a year.

I saw my father drag Owen by the hair around the house.

I saw my father throw Owen down a flight of stairs.

I saw my father force castor oil down Owen's

throat until he

vomited.

I saw my father strangle a kitten that followed Owen home

and then make him cut it up into little pieces and flush them

down the toilet one by one.

Would you like me to go on?

How'd you do that?

That's exactly what I was thinking about.

Yeah.

Yeah, I would still throw the switch myself.

And I wouldn't mind taking a chunk out of Hatch's father, either.

I think you'd have to go further back to find the target.

Fine.

I'd throw the switch all the way down the line.

I heard your closing argument.

You were good.

I don't ever want to try another capital case again.

If the world were a different place, you wouldn't have to.

I'm going to take a walk.

If the jury comes in, beat me.

I got the money, Tess.

Fine.

I hope you're happy.

I hope you know what I had to go through to get it.

Read my lips.

I don't care.

You're both doing the same thing, aren't we?

I guess so.

You're very good.

You too.

Now I know why Arthur speaks so highly of you. He's very complimentary.

Well, he's a lot different off the job.

Miss Kaufman.

My parents died in Auschwitz. The state deemed them unfit to live because of who

they were.

That was different.

Yes, it was different.

My parents didn't do anything wrong. Owen Hatch did.

But Owen Hatch didn't turn himself into a monster any more than my parents

turned themselves into Jews.

Either way No state no government no society

Has the right to kill

Sorry to wake you.

It's okay. I went to sleep.

Can I help you with something?

I'm Don Morris.

This is my wife, Libby. Tess's parents.

Hi. Hi, how are you? I'm Dickie Cobb, her investigator.

Oh, we know.

We've heard a lot about you from Tess.

Yeah. Yeah, I can't imagine what she told you.

We've had our ups and downs.

Was she expecting you?

We're having dinner with her.

She had to be back soon. She just went for a little walk.

A walk?

It's freezing.

She had a long day.

Mr. Cobb, do you think Tess works too hard?

Ma'am, I think Tess can handle just about anything that life throws at her.

From what I understand, a lot of that credit goes to you two.

Excuse me.

Tess Kaufman's office.

Yeah, I'll tell her.

Jury's in.

I'm afraid dinner's gonna have to wait.

Will the defendant please rise?

Mr. Hax, the jury has determined that you are to be sentenced to death.

Your Honor, I ask that the jury be polled.

So ordered.

Mr. Wilson, did you vote for the death penalty or for life without possibility

of parole?

Death. Mrs. Hartley?

Death.

Ms. Collins?

Death. Mr. Jackson?

Death. Mrs. Santiago?

Death. Mr. O'Donoghue?

Death. Mr. Califano?

Death. Mrs. Goodman?

Death. Mr. Monaghan?

Death.

Ready for another, Mr. Cole? No, thank you. But could you change the channel?

Yeah, sure. What would you like to see?

Anything with those two people. Okay.

Thanks.

I'll appeal it, you know.

I know.

I thought you quit smoking.

I'm having a temporary relapse.

You run a good show, Arthur. Your mother would be proud of you.

She's not dead, Murray.

I mean, she would be proud of you if you started defending the underdogs instead

of persecuting them.

Prosecuting. I haven't given up on you yet, boobie.

Murray.

Does her blood alcohol count over the limit?

Yes.

Witness to what?

Witness to the accident?

Or the fact that she seemed drunk?

Either. Both.

Fine. Let me see what I can find out.

Anything else?

No.

Shouldn't you go home?

Your parents are nice.

Really?

Last night, Bruce said he was having trouble raising the money.

All of a sudden today, he's got it?

Where'd it come from?

I don't know.

Out of care.

No.

I haven't seen Kay in a couple days.

Why do you ask?

Come on.

I'm taking you home.

Leave it for once.

Go talk to Kay.

You clear about this, John?

You

don't

drink out of the toilet, and you don't drool on the furniture.

Okay?

Who's it?

It's me, Peggy.

Sorry I haven't been around much.

This case took up a lot of time.

I know.

Are you okay?

Sure. Why not?

I don't know.

Mattel's got after me to come and see you.

What did she say?

Not much.

But I get the feeling she knows something I don't.

Kay.

I talked to her the other night and she said that I should talk to you.

About what?

You don't have to if you don't want to.

And I'm not trying to start anything up again.

Tell me what you want, Kay.

I want you to make love to me.

Saturday night on All New Sisters, two men are fighting to win Alex's

affections. Let the games begin on Sisters Saturday.

And beginning Sunday night, NBC presents a powerful and riveting story based on

the real events.

Drug Wars, The Cocaine Cartel, beginning Sunday.