All language subtitles for L.A.Law.S04E14.Ex-Wives.and.Videotape.1080p.HULU.WEB-DL.DDP5.1.H.264-BurCyg_track3_[eng]

[indistinct chatter]

[door closes]

Did you read the brief?

I read it.

- It's good.
- We argue on Wednesday.

I'll call you
as soon as it's over.

I, uh...

shouldn't be...

trying to get my hopes up
here, should I?

Death penalty appeals
are usually losers,

I'm not going to lie
to you about that.

But we do have a chance, Earl.

We have a legitimate chance.

How long...

does it take them
to make up their minds?

They usually take it
under advisement.

But you never know,
with this kind of case,

they can decide pretty quickly.

This...

is it?

- Isn't it, Michael?
- Not necessarily.

We've-- we've got plenty of
appeals left. We haven't even

gotten to federal court
yet, so...

Earl: Yes, but this is the one.

I don't win here...

and...

I'm going to the gas chamber.

[theme music]

[music continues]

[music continues]

[instrumental music]

[music continues]

Douglas: Moving on, Michael,
where are we

on the Earl Williams appeal?

Oral arguments
before the Supreme Court

of California
tomorrow 11 o'clock.

Victor will be second chair.

Are we still doing the moot
court in preparation?

Yeah, this morning, you, Victor
and Stuart are the judges.

I hope you had a chance to
look over the briefs.

- I studied them.
Michael: Good.

Michael: I want you all to be
as tough as you can.

I'll be giving you
a list of the issues

that I believe the judges
will be coming at me with.

So whatever questions
you can come up

with will be very helpful.

You think you've really
got a shot?

Yeah.

Moving on, major kudos
to Rosalind Shays.

She's officially landed

Anderson Industries
as a client.

This is the second largest
steel distribution company

in the country and potentially

the biggest client
we've ever had.

- That's terrific.
- Way to go, Ros.

[chuckles] Thank you.

I have a meeting with the CEO
on Wednesday,

and I suspect that he'll
put us right to work.

- That's fantastic.
Douglas: It certainly is.

And moving from the fantastic
to the incredible, Arnold,

you have a case
involving Rochelle Peters?

Yeah, I'm representing
her ex-husband.

Is that the Rochelle Peters
of the evening news, 7 o'clock?

The very one.
And this is good.

Evidently Ms. Peters
did some anchoring

before a different kind
of camera.

- Don't tell me.
- Home videos.

Between she and her husband
when they were just

newlyweds in the act...

in the other act,
in the simultaneous act.

Anyway, cut to five years later,

husband becomes ex-husband,
he has something all the adult

film entertainment companies
would like to have.

He wants to sell, she's slapped
him with a restraining order.

- That's despicable.
- Have you got the tape?

Arnold: He'll be bringing it in.

We've got a meeting
this morning.

How can you involve yourself
with something like this?

Because it's perverted.
It's sordid.

It's what I live for.

[Stuart chuckles softly]

Douglas: Keep us apprised,
Arnold. And on that

titillating note,
we're adjourned.

Jonathan: Leland.
Leland: Hm?

Can I talk to you about
something?

Yeah, sure, well,
I've got a meeting

in 30 minutes,
right after lunch.

Actually I was hoping I could
do it now, it's important.

Yeah, sure. Come on.

Okay.

This new client,
Anderson Industries.

Leland: Yes.

Anderson Industries
has major holdings

in South Africa, Leland.

It has a, a long investment
history in South Africa.

It distributes steel girders
produced in South Africa.

Now...

I'm not a very political person,

and I know, uh...

it's not the place
of an associate to have input

on the accepting
or the rejecting of clients.

But this company
helps promote apartheid.

And I'd have big problems
being associated with them.

Well, Jonathan,
I don't know anything about

Anderson's connections in South
Africa or where they invest.

I do.

Hm. Well, has this company,
to your knowledge,

ever done anything illegal?

No, but they have
repeatedly violated

the spirit of Congress'
economic sanctions

by finding loopholes
to keep importing

South African products.

Leland, they have at least
indirectly supported

a government
based on white supremacy.

I-- I just don't see
how we can attach ourselves

to any client who could
attach themselves to that.

If you really want
to make an issue...

I'll take it to the partners.

But I got to tell you...

this is a major client.

I want to make it an issue.

Hm.

[door closes]

Michael: There are five
separate grounds,

each individually
warranting a new trial.

The first concerns
the DNA tests,

which were used
to establish Earl Williams

at the scene of the crime.

Now, the technology--

An eyewitness also put

your client
at the scene, correct?

That I.D. was shaky at best,
Your Honor.

The DNA identification
conclusively established it.

And that technology was
recently shown to be suspect.

You can't expect this court
to make scientific findings

on the basis of appellate briefs
and oral arguments.

No, I do expect the court
to take judicial notice,

however, of the lack
of uniformity

within the scientific community
concerning the reliability

of DNA testing.

Don't get snide, Mike.
You'll just put them off.

Stuart: Well, I-- I-- I think
we should stick

to the format here, okay?

[clears throat]

The second ground...
[clears throat]

is the trial court's abuse
of discretion

in failing to re-open the case

to admit newly discovered
evidence.

That would be
the eyewitness testimony

of Phillip Michael Holden?

That's correct,
Mr. Holden saw a black

by the name of Ronald Sewell
coming out of Nina Corry's

apartment building
at the time of the murder.

Now, had the jury been allowed
to hear this evidence--

This, uh, this witness
was a convicted drug dealer

who decided to come forth
with his testimony in exchange

for your professional services.

- Stuart: Would that be right?
- Yes, it would.

Victor: And the trial court
conducted an evidentiary

hearing to evaluate the
credibility of this witness,

after which the judge
deemed him

to be unreliable,
isn't that right, counsel?

Yeah, that's correct.

And you're asking us
to substitute our judgment

for the trial judge
who listened to him

and had opportunity
to weigh his credibility?

What you don't understand
is that the jury

should have the opportunity
to weigh that credibility.

Victor: Whoa. Timeout. I don't
think that you should ever tell

a supreme court justice
that he doesn't understand.

You should blame yourself for
failing to make yourself--

Wait, wait a minute.
Could we just do this, please?

- Mike, demeanor counts.
- Yes, it does.

What also counts is evidence
of domestic violence

introduced by the D.A.

Evidence which was prejudicial.

What also counts
was unfair surprise

and the tactics of the D.A.

Now those are the
important issues here

and that's what you should be
asking me the questions about.

What, you're going
to tell the judges

what questions to ask?

No, I'm telling you, Douglas,

because I don't want this
to become a waste of my time.

I want to be fully
prepared tomorrow.

I think we should
stick to the forum.

Douglas: Yes, Mr. Kuzak,

isn't it possible
that your client is guilty?

That's a stupid question,
Douglas.

- Hey, you know--
Michael: No, no, I know.

I'm not supposed to insult
supreme court justices.

Well, thank you all
very much for your help,

but I really think that
I would be better served

by preparing for this
on my own.

I don't think
it was a stupid question.

[Stuart sighs]

You've been divorced
for three years, Al.

Why did you first decide
to sell this video now?

You want to know why?

About a month ago, a mutual
friend of ours got married.

Rochelle was there
with this guy.

Tall, handsome,
athletic-looking guy.

I'm going to be a grown-up.
I go up and I say hello.

She says, uh...

"Colin, this is my friend, Al."

[scoffs] "My friend?"

Not my ex-husband.

Not the man I slept with
for six years.

Not the man I stabbed
through the heart.

- Al: Her friend.
- Right.

Well, whatever your reason,

you stand to make
a lot of money of this video.

Great.

Arnold: Now, she knew that
you were making it, right?

Of course, she knew.

Whenever I took pictures
of her, she always knew.

So she knows the tape existed,

that it was a marital asset,
and now it belongs to you.

She'd say to me,
"Al, what should I read?"

I'd go out and buy her books.
I mean, the great books.

Dryser, Farrel, Tolstoy.

She'd say,
"Al, what should I see?"

I'd take her out to foreign
films. Rosellini, Potemkin.

Yeah, it's always sad
when a relationship ends.

And the only time I see her now
is on the evening news.

She stares out at me
like some ice queen

from the frigid reaches
of the North.

Another one of the great
unattainables.

I obtained her, though.

She can't deny that.

She can't deny that.

Well, I'm going to have
to see this,

of course, to prepare
for the hearing.

Opening night at the opera,
she was there. Norman Mailer's

birthday party, she was there,
picture taking sessions

with the Pope, she was there.

Where was I?

Probably home watching the news.

[sighs]

I wish I could laugh about it.
I wish I could chalk it up

as another one
of life's little detours.

I can't.

Everyday a little piece
of me dies.

Al, listen to me for a second.

This isn't only between
you and her.

The network's going to fight
tooth and nail

to keep this video
from going public.

- Yeah?
Arnold: Oh, you bet.

They know that next to
Jane Pauley, there's no other

newscaster people would
rather see naked.

Maybe Diane Sawyer.

I'm ready, believe me.

Alright.

Al: "My friend, Al." [chuckles]

Let her call me a friend now.

[sighs]

[Michael sighs]

Hi.

Hi.

I wish he were guilty.

What?

If he had done it,
then this would be his fault.

But he didn't do it.

And that makes it all my fault.

It's not your fault, Michael.

I don't remember ever
being this scared before.

Maybe...

before my first trial,
15 years ago, but...

[sighs]

I can only guess
how Earl feels right now.

You know...

when I was in law school, I used
to daydream about this...

You know, about...

having a big murder case

where everything
was on the line.

I thought it would
make me feel strong.

Victor: Judge Henderson,
by all accounts,

is the most influential
up there.

So if he asks a question,
make sure you answer it.

Connolly's considered
the lightweight,

so if you have
to duck him at all,

it's not going to be fatal.

Okay, did you file
that supplemental

list of authorities yet?

- Yeah. Yesterday.
Michael: Good. Look, Victor.

I'm not really
following your index

on the trial transcripts.

Oh, okay, this is witness.

This column is statement
made of subject matter covered.

This indicates the page number.
And this right here

indicates whether it was
a cross or direct.

You think I'm going to be able
to decipher these

little symbols in the middle of
oral argument?

I'm going to be there
deciphering it for you.

Yeah, but what if I have to
represent something really fast,

I only have 45 minutes up there.

Well, stop chopping at me, man.

- Victor: Yes, you are.
- I'm not chopping at you!

You're chopping at me and I
don't like this. Especially...

Victor, this is death penalty
case, alright?

A man's life
is on the line here.

I know, and it's all
hanging on you

and you're starting to get
frayed, but, Mike,

if you start snapping
at those judges

the way you did at us
in moot court,

they're not going to be
listening to you for very long.

Alright.

Alright, you're right,
I'm sorry, I just...

I'm a little overanxious,
you know.

I just want to get this done.

I'm sorry.

What issue you're going
to be leading with?

Prosecutorial misconduct.

You mean, you're
going after Flanagan.

Yep.

Unfair surprise.

She sprung that semen evidence
at trail

without even telling me first,
and I'm going to

nail her for that.

Hm. W-- what about
abuse of discretion?

- I mean, that's viable to--
- Uh-uh. No.

Douglas was right on that.

The judges would
never substitute

their judgment on that.

If I'm going to win this...

I'm going to have to take
Margaret down.

Think you can?

Well, we'll find out, won't we?

I don't want to lose
this case, Victor.

I don't know what I'd do
if I lost this case.

Anderson Industries
is a law-abiding corporation.

It does extensive charity work.

It is a company with a
first-rate reputation.

Which also has ties
to South Africa.

You couldn't find a major
law firm in this country that

doesn't have at least one client
with the same kind of ties.

- I don't believe that.
Rosalind: Look.

Le-- let's deal with one
precedent at a time, shall we?

Are we really going to let
an associate dictate to us

what entities we will
or will not accept as clients?

Ann: It's not just
an associate who's objecting.

I'm a partner
and I don't like it.

Rosalind: You didn't seem
to mind yesterday.

Because I didn't know
their history yesterday.

And why didn't you know?
I'll tell you why.

Because it is not
the practice of this firm

to do policy checks
on its clients.

It is not the practice
of this firm

to scrutinize
the political identities

of the people who pay our fees.

- Well, maybe it should be.
Rosalind: Why?

Because this particular client
happens to be mine?

Because this particular
client has dealings

with the most racist government
on the face of the earth!

This is a political question,
Ann.

Abortion is a political
question, Douglas.

We had to drop my client

because of
a political question.

That was office politics.
Completely different.

- And that's crap!
- It isn't crap.

Douglas: We cut your abortion
client because

siding with it
would have made us poorer.

Siding with Anderson
Industries would make us

richer, and that's the
only kind of

politics we can afford
to play here.

We're sinking a hell of a lot
lower than the bottom line

if we take this client, Douglas.

Rosalind: Come on,
Stuart, don't--

They support South Africa,
Rosalind.

You're talking about
a government

that suppresses
the majority of its citizens.

That's repugnant.
And if it is not repugnant

to Anderson Industries,
I don't want to

have anything to do with them.

Fine, then I want complete bios
and cross checks

done on every client,
so we can begin to implement

this new policy
of moral judgment.

Ann: That's ridiculous.
Rosalind: No.

I'll tell you what's ridiculous.

A law firm that throws
away $300,000

defending a murderer
and appealing his conviction,

and then, turns down a potential

two-million-dollar
a year client

because we don't like
the politics

of some of the folks
it does business with.

That's ridiculous.

Leland: Alright,
we've heard enough.

Let's put the damn thing
to a vote.

Arnold votes yes by proxy.

Michael votes no.

- I'm a yes.
- Me too.

- I'm a no.
- And I vote no.

Douglas: Three to three, Leland.

You decide.

I vote yes.
We take this client.

This meeting is adjourned.

[door opens]

[indistinct chatter]

Barney: In 23 years
of practice, Your Honor,

I have never been as outraged
as I am at this moment.

This woman stands to have
her entire career ruined

because that man wants
to take moments of intimacy

between a husband and wife
and make them into pornography.

Arnold: Your Honor,
the tape is what it is.

My client is not making it
into anything.

He is making it public,
Mr. Becker.

And I've agreed
to seal this courtroom

for the reason that to reveal
the very existence of this tape

could cause irreparable damage.

Your Honor, that's exactly
what Mr. Vogel wants to do.

His venom and spitefulness
for his former wife

are matched only by his greed.

Your Honor,
that's just nonsense.

The property settlement
between these two people

itemizes everything
that goes to Ms. Peters.

It gives all rights
in the remainder to my client.

Mr. Becker, is there any
indication that Ms. Peters

would have knowingly

authorized the distribution
of this tape?

My client's an accomplished
photographer.

He took a great
many pictures of his wife.

In each case,
she authorized their use.

Mr. Becker, we're not talking
about photographs here.

We're talking about videotape
footage of marital acts.

Without getting
overly graphic, gentlemen,

can you give me a sense
of what is in this tape?

Several variations of coitus.

Compared to what's out there,
it's pretty wholesome stuff.

Barney: It won't be
any too wholesome

when some guy's standing
in a plywood booth

slamming quarters
into the damn thing to see it.

This would be intended
for the home video market only.

Okay, I have heard enough.

Mr. Becker,
your client is enjoined

from exhibiting
this tape commercially.

Ms. Peters retains
the right to determine

how her name and likeness
are to be used.

Nothing in this divorce
agreement anticipated this.

Nothing in it gives him
the right to do it.

Barney: Your Honor, we also
requested that Mr. Vogel

turn over all extra copies
now under his control.

That I cannot order.

The agreement clearly grants

all possession of the tape
to Mr. Vogel.

And I simply don't have
the authority to supersede it.

What about private screenings

for, uh, 50 or 60
of his closest friends?

Barney: Your Honor, what's going
to happen when this tape

starts to circulate privately
among friends, party to party.

- That's not going to happen.
Barney: Please, Mr. Becker.

Who among us has not seen
the Rob Lowe tape?

Anyone? Anyone?

Listen, I have done
all I can do.

And in fact,
given my relationship with

Mr. Becker's firm, I may well be
forced to recuse myself

before this matter
comes to trial.

Rochelle: Which, by the way,
would be just fine with me.

May it please the court,
I'm Michael Kuzak,

appearing for the appellant,
Earl Williams.

Contained in my papers
is an overview of the case,

as well as specific grounds,
which mandate a reversal

of my client's conviction.

Today, I'd like to focus
on the most compelling

of those grounds,
the prosecutorial

misconduct of Margaret Flanagan.

Tytell: I don't mean to cut you
off at the jump, counsel,

but, this court
is generally suspect

of that particular claim.

Are you sure that's where
you want to steer us?

I'm exactly sure.

Margaret Flanagan's conduct
in this trial was reprehensible.

It was unethical.
It was a breach of her duty

to act as an officer of the
court, and it is the reason

why an innocent man
is sitting on death row.

Judge Washington: I assume
you're referring

to the DNA evidence,
which placed

your client's semen
on the victim's bed.

Michael: That's correct,
Your Honor.

The district attorney
had an obligation

to disclose that information
to me and to the court

prior to the trial,
she did not.

Judge Kennedy: But according
to the record, Ms. Flanagan

herself got this evidence
at the last second.

There's no evidence that she
willfully concealed anything.

And the judge offered you
a continuance

to give you time
and you declined.

First of all,
the record will show

that she got the evidence
from the lab

on the eve of the trial.

She sprung it in court
three days into the trial.

That gave her two days
to inform me, which she didn't.

That makes her conduct willful.

As for my refusing
the continuance,

the damage had already
been done.

How so?

Michael: Had I known
what she had,

as I was entitled to under
Walker versus Superior Court,

I would never have denied
that my client was having

a sexual relationship
with Nina Corry.

I also would never have denied
that he was in her apartment

on the night she was murdered.

In other words, you never
would have lied

to the court
if you knew you'd be caught.

I didn't know my client
was having an affair

with the victim, it was
a surprise to me as well.

Earl Williams did lie.
I'm not making excuses for that.

But had I known he was lying,

and I would have,
had she followed the law,

I would have stopped him
from using it.

Judge Parker: I'm sorry. I'm not
sure I understand the harm.

Everything she introduced
at the trial,

your client admitted himself
once he took the stand.

The harm is that he was
portrayed as a liar.

- Because he was a liar.
Michael: He told one lie, yes.

But what I'm saying,
Your Honor,

is that had I known
about her DNA evidence,

I would've known he was lying.

As a good attorney, I would've
counseled him not to lie.

The jury would never have
perceived him as dishonest,

and without that perception,

Earl Williams
would've been acquitted.

Sounds a little meandering
to me, Mr. Kuzak.

Michael: Then let me
make it more clear.

She had two linchpins
in her case.

The circumstantial evidence
that placed Earl Williams

at the scene of the crime,
at the time of the murder,

and the evidence of his
dishonesty.

Had the district attorney
complied with the law,

I would have kept the second
part of her case out.

That means that
she would've been left

trying to prove murder
beyond a reasonable doubt

with nothing more than
circumstantial evidence.

And that's why she withheld it.

To give herself something that

she otherwise
would not have had.

She fights hard,
she fights to win.

I understand that. But if you
are going to put someone

on death row, if you are going
to send a human being

to the gas chamber,

you should at least
follow the rules

and obey the law...

Margaret Flanagan didn't.

[pensive music]

[instrumental music]

A quarter of a
million dollars, Al.

That's more money than
you would've made

in the porno business.

- Not interested.
Barney: Right.

What you're interested in
is seeing this woman hurt, hm?

What is it that hurts,
Rochelle?

The fact that there's
a photographic

record of us having gone to bed?

No, the fact that
you would show it to people.

Alright, let's cut through
the psychodrama, shall we?

Now what's it going to take,
Mr. Vogel?

Putting a dollar figure
on something like this

is impossible.

Kevin: Well, let's try.

One point two million
structured over 18 months.

Four hundred thousand
due immediately.

- That's outrageous.
- Is it?

Your biggest fear, and you can
correct me if I'm wrong, Kevin,

is that Rochelle's
sexual hijinks

will destroy her credibility.

That's right, Mr. Becker.
That's just what

we don't want to see happen.

Thousands of tapes circulating
around the country.

People watching them in bars,
at frat parties.

Running gags in
Johnny Carson's monologue.

Half a million.

You spend over ten million
a year just

promoting her,
protecting her Q-rating.

Are you telling me that half a
million is all that's worth?

Make it a million.

Point two.

- Okay.
- I don't want to sell it.

Barney: What?

- Excuse me, Al.
- No deal.

Al, there is a terrific deal
to be made here.

I said no.

I don't understand this.

[sighs]

[indistinct chatter]

- You hear anything yet?
Jonathan: Nothing.

I mean, I know they met on it,
but that's all I know.

I sure as hell don't want
to be out of work.

[sighs] But if they take
that client,

I've got no other choice.

- What do you mean?
- I couldn't stay here, Diana.

- Could you?
- Yeah. I'm not quitting.

That company supports
South Africa.

How could you possibly
stay here?

How could Michael Kuzak stay?

How could Ann Kelsey stay?

Are you kidding me?

No, I'm not kidding you,
Jonathan.

Are you kidding me?
You think because we're black,

we've got the exclusive
on outrage here?

With apartheid, we've certainly
got a priority, yes.

Did it ever occur to you that

your quitting
would accomplish nothing?

Did it ever occur to you
that by staying,

maybe you could help influence
Anderson Industries?

Maybe even convince them
to change?

What's this,
the Sullivan Principle?

Look, baby, you don't want
to lose your job, fine.

- Just say so, but don't start--
- That's right!

I don't want to lose my job.
I can't afford to.

I'm already about $20,000
in debt in student loans.

[sighs] This job is also
my best career opportunity,

and I shouldn't have to
give it up just because

you're having a little spasm
of black guilt.

You don't want to quit...

don't quit.

Stay here and represent racists.

Maybe you're the racist.

No, you're the one
making assumptions

about my feelings
on the basis of skin color.

No.

The assumptions I made...

were based on what I thought
I knew about you.

Now, if I was wrong,

I was wrong, and I apologize.

[sighs]

Mr. Kuzak has exhausted
every avenue,

each one more desperate
than the next.

The record shows, he offered
free professional services

to entice a new eyewitness
to testify in the hope

of reopening the trial,
that failed.

Now he's here today claiming
prosecutorial misconduct.

Why didn't you tell him
about your DNA evidence?

As I've maintained before,
Your Honor,

I didn't get those results
until the very last moment.

Perhaps I was careless in not
making sure of his notice,

but I certainly
didn't conceal anything.

Forgive me, Ms. Flanagan,
but that evidence

was a bombshell
and you knew it.

Do you expect us
to believe you failed

to alert defense counsel
because it slipped your mind?

I expect the court
to take judicial notice

of my reputation...

and know that the non-disclosure
was not willful.

I also expect the court to
recognize that Mr. Kuzak

knew my strategy.

Your Honor, he knew
I would be attempting

to prove this
sexual relationship.

We offered a continuance

if he felt prejudiced
by the surprise.

He didn't want it,
because he wasn't prejudiced.

It's possible Mr. Kuzak
could have prevented his client

from looking like a liar
before the jury.

I suppose that is possible,
Your Honor.

But Earl Williams was
in fact a liar.

Are we really saying
that the interests of justice

have been contravened here

because the jury
got the right impression?

Let's face it.

Mr. Kuzak is asking
for a new trial today

because the jury
was exposed to the truth.

No, he's asking for a new trial

because you failed to disclose
physical evidence to him,

which you are required to do

under Walker versus
Superior Court.

Had Mr. Kuzak known of the DNA
evidence beforehand,

his client would have
simply told the truth

sooner rather than later.

That's not a distinction
which justifies

overturning a verdict
which twelve members found

to be fully supported
by the facts.

Earl Williams is on death row

because he murdered
a young woman,

not because his lawyer
was caught off guard.

Ms. Flanagan, I've been
through the transcripts

and I've taken note
of your propensity to inject

your own personal feelings
into this case,

which you know is not proper.

If you're asking me,
did I conceal

my personal disgust
for Earl Williams?

No, I probably didn't.

I went after Earl Williams
for that.

I went after him hard.

But am I guilty of misconduct?

It was Michael Kuzak who was
held in contempt, not I.

It was Michael Kuzak
who was jailed

for ex parte abuse, not I.

It was Michael Kuzak
who shouted

inadmissible evidence at a jury

after the trial judge
disallowed it.

He was a desperate attorney
doing his job.

What he refuses to understand
is, I was simply doing mine.

Rochelle: Oh, my God.

I don't understand
how he can show this to people.

He's a strange fella.

Douglas: Are you sure it's her?

- I can't really tell.
Al: Turn over.

[both] It's her.

- Wow.
- Mmm.

She is cavorting
with particular abandon.

[knocking on door]

Arnie.

Al's here.

- Taking a look at it?
- No.

Hey, don't,
don't stop on my account.

Stuart: No, we're nearly done.
Al: No, no, it's okay.

You haven't even gotten
to the good part yet.

- Really?
Al: I'm Al Vogel, by the way.

- Douglas Brackman.
- Hi. Stuart Markowitz.

Pleased to meet ya.

She's something, isn't she?

Hm, very nice.

Arnie...

she called me this morning.

She wants to drop by and talk.

I guess I should have
expected that, right?

She's not about to
just give up, Al.

Hell no, I'm looking forward
to watching her squirm.

Rochelle: You like that?
Al: I like it.

Rochelle: You do like it,
don't you?

Al: I do!

Rochelle: Oh, is that
what you want?

Al: Yeah.

[knocking on door]

The partners considered
your concerns this morning.

Very seriously, I might add.

And after weighing everything,
we elected to accept

Anderson Industries as a client.
I know that disappoints you.

Yes, it does.

If you choose not to do
any work for this client

personally,
I will honor your decision.

Oh, for God's sake.
Listen, don't pick...

I'm sorry, Jonathan.

I don't think I can work here
anymore, Leland.

Now, that, that is rash
and you know it.

Yeah, well, maybe it's time
for me to be rash.

I'm a rich boy, Leland.

I had everything, everything.

It was easy to forget
I was black.

And that's exactly what I did.

You think because
you're black...

you have an obligation
to sample oppression?

When I was at Harvard...

they had protests
going on all the time

over, over apartheid
and, and divestitures.

See, I was always too busy
studying to take part.

So what do I do
after I graduate?

I-- I get a job here at a...

downtown corporate law firm,
go for the paycheck.

But the thing is...

I never knew it was a firm
that could represent people

who help finance South Africa.

Someday you'll probably head up
your own firm, Jonathan,

and you'll see,
it gets complicated.

Sometimes you
just have to compromise.

No, you always struck me
as a man who didn't.

When you found out your bank
was engaging in redlining,

you closed all your accounts.

You refused to join
your own father's club

because they wouldn't
admit Jews.

You, Leland, refused
to represent slumlords.

You refused to represent
union busters.

Hell, Leland,
why can't you refuse now?

Because it was put
to a partnership vote.

I took your concerns to the
partners and it was voted on.

Which way did you vote?

Leland?

I'm entitled to my
own position, Jonathan,

just as you're entitled
to yours.

The problem is you agree
with me on this one.

And you still voted
the way you did.

[instrumental music]

Arnold: Hi, Rochelle.

Where's your attorney?

I didn't want him here.

Mine stays.

Fine.

Al: So what do you want?

I want to know why you've come
to hate me this much.

If I didn't have this videotape,
you think you'd care?

You know, maybe I should leave.

Al: No, I don't want
to be alone with her.

Her lawyer probably
sent her here to get me to

say something
that they can use.

Al...

why do you think
I made that tape?

I don't know.
Maybe you were bombed.

I made it because
I knew it thrilled you.

Great.

Sex is charity.

Rochelle: It also thrilled me.

- More charity.
- Look at me, Al.

I could be a little girl
with you.

[chuckling] I could be
a goof ball with you.

Or I could be wanton and lewd.

I could be anything.

- And you protected me.
- Yeah.

[scoffs] So what?

Why aren't you
protecting me now?

Because I'm not your protector.

I'm your friend.

Isn't that what you
introduced me as?

Your friend.

What do you want, Al?

What do I want?

[sighs]

I want to be your husband.

[chuckles softly]

I want you to be my wife.

It's not going to happen.

No matter how much you want it.

It was once, but it's not
going to happen again.

No? [sighs]

Great.

Then, uh, prepare to star

in the masturbatory
fantasies of millions.

Let me tell you something, Al.

Making that tape was one thing.

But releasing it
is something else.

[scoffs] Will I be mortified?

Yes.

In the end, though,
all that it proves

is that I made love
to my husband.

What it says about you
is that you're sick,

and you're mean.

It's not what you
used to be, Al.

It's what you've become.

[indistinct chatter]

[door closes]

Isn't she a pistol?

- Al...
Al: What?

Don't do it.

- Now you're going to start.
- There is a line.

Even in my business,
and I think you're crossing it.

- Can she win in court?
Arnold: I think she can.

Arnold: I think she can also
sue you for damages.

That's another conversation.

What I'm saying to you right now
is that you're wrong.

- I'm out.
- Then I'll get another lawyer.

Look, you're wounded, Al.
I understand this.

She ripped your insides out.

I go to sleep
thinking about her!

I wake up thinking about her!

There's not one of us
who hasn't been there.

And what am I supposed to do?
Just tough it out?

That's exactly what you do.

You face it down
as much as it hurts inside,

as much as it,
as it rips at your gut...

you just grit your teeth...

and you wait for it to pass.

And what makes
you think it will?

Because it always does.

You just have to give it time.

On the other hand,
if you insist on this...

pathetic act of spite...

you may very well
never live it down.

[pensive music]

Leave it with me.

I'll send it right over
this afternoon.

Right.

And that will be that.

[Arnold sighs]

[door closes]

[Michael clears throat]

Judge Henderson: Mr. Kuzak,
the court has decided

not to entertain your rebuttal.

I-- if it pleases the court,
I would respectfully ask--

Counsel.

It would please the court
if you take your seat.

All of us have reviewed
the transcripts on this case

with a great deal of scrutiny,
and we unanimously agree

that this was an extremely
balanced and close trial.

In fact, it could be argued
that on the record...

the defendant appeared to have
established reasonable doubt.

The jury obviously
found otherwise,

which was certainly
within their province.

But it cannot be disputed...

that the prosecutor's ability

to establish the defendant
as a liar

played an integral part
in her ability

to secure a conviction.

And it is likely
that the district attorney

never would have been
able to do this

had she properly advised
defense counsel

of the cards she was holding.

Now, it is our custom
to go into session

and issue written opinions.

But since our respective
positions

are so clearly unanimous
in this instance,

and since justice delayed
in some cases

amounts to justice denied,

we are ruling now.

The surprise DNA evidence
prejudiced

the defendant's right
to a fair trial

under the United States
Constitution.

Accordingly, we hereby
set aside the verdict

and the death penalty,

and order a new trial
to be scheduled immediately.

Oh, God.
Thank you, God.

This matter is remanded
to superior court for retrial.

Thank you, Mr. Kuzak,
and Ms. Flanagan.

We're adjourned.

[indistinct chatter]

Oh, thank you.

I know someone we have to call.

[indistinct chatter]

[door opens]

What's this I hear about you
changing your mind?

I had a talk with Jonathan,

after which I decided
he was right.

This firm should not be
representing that client.

For God's sake, Leland!

Anderson Industries could
increase our yearly revenues

by almost 35 percent.

I'm aware of that, Rosalind.

I didn't say
it was an easy decision.

Well, you're obviously so prone
to vacillating over this,

let me ask you
to reconsider again.

Nope, the decision is made.
That's the end of it.

This firm has a far bigger
problem than I ever realized.

Well, there will be other
big clients, Rosalind.

I'm not talking about
clients right now.

I'm taking about the
senior partner.

I'm talking about somebody
who can't make a hard decision

when he needs to,
because he's too afraid

of risking his popularity.

What the hell is it with you?

Do you thrive on picking fights?

I thrive because
I'm not afraid of them.

This isn't a country club,

Leland, where you get
to be the golf pro.

It's a tough business
and any firm,

if it wants to get ahead,
needs a strong leader.

I have been running
this firm for 25 years

and I don't need you
to come in here and tell me--

Rosalind: You are running it
into the ground,

which is why you
brought me in, to save you.

Well, I can't save you
from yourself.

I can't help you
if you're going to exalt

your sense of altruism to this
level of fiscal blindness.

If you're not happy, Ros,
you can leave

through the same door
you came in.

Believe it or not,
I do care about this place.

That's why I came in here
fighting right now.

Fine!

Well, this fight you lose!

The decision stands.
We don't take that client.

- Are we clear?
- Oh, yeah.

It's all becoming very clear.

[pensive music]

[door closes]

[instrumental music]

Criminal complaint
number 89-7-0-5-three.

People versus Earl Williams.

Margaret Flanagan
for the people, Your Honor.

As you know,
the defendant's conviction

was overturned yesterday

by the Supreme Court
of California.

We've refiled our complaint,
and the people ask

that a new trial be scheduled
as soon as possible.

Michael Kuzak for the defendant.

Petition for leave to file
a motion to dismiss

the complaint, as well as a
motion to suppress

the DNA evidence of
the prosecution.

Judge Harbin: I'll hear your
motions next Tuesday at 10.

Tentative trial date
for the first week in April.

Seek bail modification,
Your Honor.

Denied, same bail.

Michael: Your Honor, I'll also
be seeking a court order

to instruct
the Los Angeles Police

to locate and detain
Mr. Ronald Sewell.

Excuse me?

Mr. Sewell, more commonly
known as Pinto,

was the man seen
leaving the crime scene

by my witness,
Philip Michael Holden,

which witness you found
to be unreliable.

Upon information and belief,
Mr. Sewell has recently been

seen in the area,
and the interests of justice

would mandate that he be
picked up for questioning.

Mr. Sewell is not a suspect,
Your Honor.

We're satisfied that the man
who killed

Nina Corry is right there.

Judge Harbin: I can't tell
the police

who to pick up, Mr. Kuzak.

If they don't consider this
Mr. Sewell to be a suspect,

I'm certainly not
ordering them to do so.

He's obviously a flight risk,
Your Honor.

If we don't
pick him up, then--

I'm sorry but that's not
within my authority.

Trial date for the
first week of April.

I'll see both of you
here next week

on the motion to dismiss.

That's all.

[indistinct chatter]

Well, we're back
in the running, Earl.

- Thank you, Michael.
- I gotta see some people.

I'll keep in touch.

Obviously, we're very
disappointed. It's a very

sad day when a murderer's
conviction is overturned

on a technicality.

But I assure the people
this office is dedicated

to keeping Earl Williams
in prison. We'll do whatever--

It's a sadder day
when district attorneys

disregard the laws
they were appointed to uphold.

If there's any
public disgust here,

it should be directed at
Margaret Flanagan.

Lot of class, Michael.
Lot of class.

You want to try this in the
media, Margaret, so will I.

You're the one who's
grandstanding here, not me.

I can play the same game as you.

Mr. Kuzak,
will your defense strategy--

I have no further comment. I'll
see you in court, Margaret.

- Mr. Kuzak--
- No further comment.

How do you plan
to deal with the...

Mr. Kuzak, I'm Johnny Kayle.
We spoke on the phone.

Right.

Thanks for meeting me here.

Ronald Sewell,
street name, Pinto.

Last seen around
Olympic and Grand.

But he could be anywhere.

I want you to find out
where he lives and search it.

Alright.

Most of all...

I want him.

When you find him...

I want you to
set up a meeting.

Are you asking us to hold him
against his will, sir?

Absolutely not.

We'll get him for you,
counselor.

Good.

[intense music]

[outro theme]

[production theme]