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NARRATOR:
In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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00:00:05,761 --> 00:00:07,547
the police
who investigate crime
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00:00:07,549 --> 00:00:10,324
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Shirley Jackson's 1993 employee evaluation
said her motivation was above average.
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Jackson?
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That's the one who says
her boss snapped her bra?
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That's Malone.
Jackson had a boob pinched.
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You might want to try
keeping our clients straight.
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What is it?
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"Mattawin Studios
Executive Committee Meeting."
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MAN 1: Only in America is this something
that we have to put up with.
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You know, the Japanese,
they have the right idea.
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Their women serve tea in the
office and they leave them alone.
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MAN 2: Have you
seen the list of plaintiffs?
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They all got hired in the first
place because they had nice racks.
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I have a hunch this got put in
the discovery box by mistake.
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MAN 2: How about Heidi?
Is she testifying?
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MAN 1: I hope not.
She could hurt us.
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MAN 2: What the hell
is she gonna say?
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MAN 1: That she
witnessed harassment.
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Maybe that she
was harassed herself.
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MAN 2: Heidi harassed?
That's a joke, right?
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She slept with one of her
own male assistants.
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MAN 1: We still have to
deal with the eventuality.
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MAN 2: (SCOFFS) I'll tell
you how to deal with it.
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If she's gonna turn on us, somebody
should just kill the bitch.
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Heidi Ellison?
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That's the one who...
Yeah.
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The one that was killed.
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JUDGE:
Mr. Gorton, it's 9:45.
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Oh, I'm sorry, Your Honor, but we just
need this table for our associates.
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Can't they sit in the
first row of the gallery?
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Oh, that's reserved
for the press.
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I allocated
rows two and three for them.
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That was before Mr. Dunne and Ms.
Brenner presented letters from their publishers.
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Also we need to keep a place for Dr.
Duval, Mr. Newman's psychiatrist.
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Are we going to be doing
therapy in the courtroom?
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It is in everyone's interest that Mr.
Newman stay in a calm and alert mental state.
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Also, Your Honor, have you had a chance to
consider our request for a fax machine?
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The People do not believe that a fax
machine is required in the courtroom.
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By the way,
we are ready to proceed.
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So are we.
Here's Ms. Joyner now.
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Ms. Joyner,
good morning.
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Good morning, Your Honor.
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These are my associates,
Mr. Nakamura and Mr. Levine.
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You and me, Jamie.
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They're from Dekom Flint Cummings.
Civil litigators.
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Play it.
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Our firm represents a group of
women suing Mattawin Studios
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for sexual harassment.
$100 million.
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This is a tape of a Mattawin
executive committee meeting.
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They were worried because Heidi Ellison
was gonna testify for the plaintiffs.
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MAN 1: We still have to
deal with the eventuality.
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MAN 2: (SCOFFS) I'll tell
you how to deal with it.
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If she's gonna turn on us, somebody
should just kill the bitch.
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(TAPE SWITCHING OFF)
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That wouldn't, by any chance,
be the person just put on trial
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for killing the woman,
would it?
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It's not his voice.
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Yeah. I suppose it was
too much to hope for.
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All right. Thank you very much for
bringing this to our attention.
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Look into it.
See if it means anything.
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First thing in the morning.
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Neal Gorton's playing games
with our custody arrangement.
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I gotta be home by 8:00.
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Early, right?
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Right.
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I don't know what meeting
you're talking about.
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(SCOFFS)
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We have the minutes
you typed up, Mr. Canter.
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Except you left out the part
about the customs of Japan
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and killing the bitch.
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I suppose the plaintiffs
are gonna use it anyway?
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And so unfair.
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Who suggested
killing Heidi Ellison?
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Look, it doesn't mean anything.
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You've charged
that crazy husband of hers.
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Okay, Mr. Canter.
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I can ask you the same
question on the witness stand.
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Ben Hollings.
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Her boss?
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He's being sued
for $10 million personally.
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He felt betrayed,
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but the whole thing
turned out to be moot.
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Why?
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Heidi decided not to testify.
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We heard a couple of days
before she was killed.
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I already told the police everything
I know about Eddie Newman.
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I was just Heidi's assistant.
I didn't live with her.
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Actually, something's come
up about Ben Hollings.
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Really? Well, he usually finds a way to
bring the subject around to himself.
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We understand he was concerned
about some testimony
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Heidi might give in
a sexual harassment lawsuit.
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Yeah. He ought to be.
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Heidi started out
as his assistant.
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And nobody knows
a boss like an assistant.
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Well, especially a boss
who pops into your office
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naked every once in a while.
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Heidi was gonna
testify about that?
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About that, about the late night
summons to work sessions,
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stupid jokes,
the unsolicited back rubs...
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Was this still going on?
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Well, not to her, but it was to
two assistants who were fired.
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They asked for Heidi's help,
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and she knew it was
a very big risk,
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but she was gonna do it anyway.
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The studio said
she changed her mind,
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that she wasn't
going to testify.
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JACK: And where did Mr.
Newman ask you to take him?
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SINGH: To Islip on Long Island.
A road near the airport.
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Next to a field
behind a school?
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Yes. I think so.
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The school where
the murder weapon was found.
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Thank you.
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Mr. Singh,
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how do you get from Manhattan
to the Islip airport?
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You take
the Long Island Expressway.
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Where do you get off?
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In Islip.
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At what exit?
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I don't really know because Mr.
Newman, he told me how to get there.
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Well, how did you
know it was Islip?
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Because he said
that's where he wanted to go.
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But he could have
said that it was Islip
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and pointed the way to Oyster Bay and
you wouldn't have known the difference.
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I don't know
where Oyster Bay is.
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Now when you dropped him off,
did you see the airport?
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No, no.
It was before the airport.
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Then how'd you know
that the airport was there?
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Because Mr. McCoy found me
because I went to a gas station
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and that gas station
is near the airport.
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The man remembered me.
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Mr. McCoy told me.
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So that's how you know where
you dropped off Mr. Newman.
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Because Mr. McCoy told you?
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Yes. That's correct.
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But I think Jack McCoy
definitely lost some points today.
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Jerry, it's part of his job
to prepare his witnesses.
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I did it myself
when I was a prosecutor.
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And I did it when I
was a defense attorney,
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but come on, Ben, it looked like McCoy
spoon-fed that guy his answers.
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Mr. McCoy didn't do anything
wrong or even unusual.
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The defense just made it
seem devious and sleazy.
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Yeah.
Wasn't it great?
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(TV SWITCHING OFF)
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Who needs a jury?
We have commentators.
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Next time,
try the cartoon channel.
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That was the cartoon channel.
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What's happening
with Ben Hollings?
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His corporate flunky said he has no motive
since Heidi wasn't going to testify.
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Her assistant says she was and
the plaintiffs' lawyers do, too.
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What does Hollings say?
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I'm about to find out in 15 minutes.
His helicopter's due.
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I've heard about your behavior
toward women, Mr. Hollings,
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I'm prepared
to adjust our case.
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You know,
if Newman's convicted,
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it's going to cost us millions.
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Who's going to take their kids
to see a children's movie
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directed by a guy
who cuts off heads?
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So actually it's in your
financial interest to confess.
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We can write it off.
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I didn't kill Heidi.
I was in London at a film opening.
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If you want a list of 2,000
alibi witnesses, call my girl.
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CURTIS: Mr.
Newman told us he was in Los Angeles
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the night of the murder, but later
we determined he was in New York.
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JACK: Did Mr. Newman tell you
anything about his ex-wife?
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Yes. He said he suspected she was
having a sexual relationship
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with her personal trainer.
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Thank you.
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Did Mr. Newman seem upset about
this supposed relationship?
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He seemed to shrug it off,
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but later we determined he was
prone to fits of jealous violence
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while they were married.
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And you learned that from whom?
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The detective who planted
evidence against Mr. Newman?
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Objection.
JOYNER: I'll rephrase.
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From the detective who allegedly
planted evidence against Mr. Newman?
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It was corroborated
by other officers.
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Friends of the detective
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who allegedly planted
evidence against Mr. Newman?
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Objection.
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00:08:37,271 --> 00:08:38,397
Sustained.
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Okay, Detective Curtis.
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Let's talk about your friends.
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When you first flew to California, you
weren't after Mr. Newman, were you?
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00:08:47,616 --> 00:08:49,401
No. At that time
we had another suspect.
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Evan Grant, Heidi Ellison's
personal trainer?
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00:08:51,829 --> 00:08:53,775
Yes.
But you changed your focus
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to Eddie Newman after you
began a sexual relationship
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with a woman who hates Eddie
Newman, isn't that right?
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00:08:59,236 --> 00:09:01,054
I don't know
what you're talking about.
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00:09:01,056 --> 00:09:03,034
You don't know Lisa Lundquist?
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00:09:03,036 --> 00:09:04,727
Yes, she's an executive
at Mattawin Studios.
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00:09:04,729 --> 00:09:08,686
JOYNER: Where Eddie Newman has consistently
thwarted her desire for promotion.
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00:09:08,688 --> 00:09:09,780
I wouldn't know
anything about that.
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00:09:09,806 --> 00:09:12,262
You don't know he refused to
have his movies supervised
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00:09:12,264 --> 00:09:13,662
by the woman
you were sleeping with?
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00:09:13,667 --> 00:09:15,421
Hey, I wasn't
sleeping with Ms. Lundquist.
201
00:09:15,423 --> 00:09:18,838
Oh? She spent the night in your
hotel room for a script conference?
202
00:09:18,841 --> 00:09:20,103
I wasn't even
in the room that night.
203
00:09:20,117 --> 00:09:22,606
Is that why she came to visit
you in New York a week later?
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Because she liked sleeping
in empty hotel rooms?
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00:09:24,875 --> 00:09:26,399
Objection.
JUDGE: Sustained.
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00:09:26,407 --> 00:09:28,736
Was Lisa Lundquist sleeping
with that other detective, too?
207
00:09:28,738 --> 00:09:30,588
Were you all framing
Eddie Newman together?
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00:09:30,589 --> 00:09:32,352
Objection.
JUDGE: Sustained.
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00:09:32,953 --> 00:09:34,318
That's enough, Ms. Joyner.
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00:09:34,325 --> 00:09:36,176
JOYNER:
I'm sorry, Your Honor.
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00:09:36,178 --> 00:09:38,975
I have nothing further
for this witness.
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00:09:42,243 --> 00:09:43,997
I don't think
Hollings killed Heidi Ellison,
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00:09:43,999 --> 00:09:45,721
but remind me
never to go to work for him.
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00:09:45,723 --> 00:09:47,606
CURTIS: Hey. What the hell's
the matter with you, McCoy?
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00:09:47,607 --> 00:09:48,972
Why didn't you
stop that sooner?
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00:09:48,980 --> 00:09:50,799
I might have been able to
if you'd told me about it.
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00:09:50,801 --> 00:09:52,598
There's nothing to tell.
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00:09:53,961 --> 00:09:55,553
What was that about?
219
00:09:55,557 --> 00:09:57,440
He's just a little upset
his wife's about to find out
220
00:09:57,442 --> 00:09:59,569
he had an affair
on the evening news.
221
00:10:00,538 --> 00:10:02,260
I told you, you should
have gone to bed with her.
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00:10:02,262 --> 00:10:04,890
You're getting the grief,
you should've had the gravy.
223
00:10:07,786 --> 00:10:10,624
My specialties are victimology
and forensic psychology.
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00:10:10,626 --> 00:10:13,466
I'm a member of the American
Psychological Association
225
00:10:13,468 --> 00:10:14,935
and the American Academy
of Forensic Sciences...
226
00:10:14,938 --> 00:10:16,303
Your Honor, approach?
227
00:10:16,310 --> 00:10:17,504
Over here.
228
00:10:23,653 --> 00:10:26,396
We can see no possible relevance
in this witness's testimony.
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00:10:26,399 --> 00:10:28,026
She's never even
met the defendant.
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00:10:28,027 --> 00:10:29,085
She's published three articles
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00:10:29,113 --> 00:10:31,729
on the relationship between drug
abuse and violent behavior.
232
00:10:31,731 --> 00:10:33,453
There's no proof
Mr. Newman ever took drugs.
233
00:10:33,454 --> 00:10:35,400
Just the 2,000 pills
found in his apartment.
234
00:10:35,402 --> 00:10:37,635
If they were still in his apartment,
he obviously hadn't taken them.
235
00:10:37,637 --> 00:10:39,730
Is that a joke?
JUDGE: Let's take it into chambers.
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00:10:40,574 --> 00:10:43,861
Eddie Newman had more flavors of
benzodiazepines in his medicine cabinet
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00:10:43,864 --> 00:10:45,092
than Baskin Robbins.
238
00:10:45,108 --> 00:10:46,735
He also had methamphetamines,
239
00:10:46,737 --> 00:10:49,577
which taken in high doses can cause
episodes of violent paranoia.
240
00:10:49,579 --> 00:10:52,896
If taken in high doses. Dr.
Duval here is prepared to testify
241
00:10:52,899 --> 00:10:55,420
what doses of which drugs
he prescribed and why.
242
00:10:55,422 --> 00:10:57,240
Those would be the drugs
there's no proof that he took?
243
00:10:57,241 --> 00:11:00,048
The drugs taken in appropriate amounts under Dr.
Duval's medical supervision...
244
00:11:00,051 --> 00:11:02,285
Excuse me, but Dr. Duval apparently
prescribed two methamphetamines...
245
00:11:02,286 --> 00:11:04,167
DUVAL: Now, wait a minute...
...and six benzodiazepines.
246
00:11:04,169 --> 00:11:06,434
That could only be appropriate if
Eddie Newman weighed 1,200 pounds.
247
00:11:06,436 --> 00:11:09,914
Your Honor, these prescriptions are old.
You can see that for yourself.
248
00:11:09,917 --> 00:11:11,895
I adjusted the medications to
suit Eddie Newman's changing...
249
00:11:11,896 --> 00:11:13,586
Right, when he was high,
he needed to come down,
250
00:11:13,588 --> 00:11:15,406
and when he was down,
he wanted to get high.
251
00:11:15,408 --> 00:11:19,172
Dr. Olivet, where on earth is all
of this hostility coming from?
252
00:11:19,174 --> 00:11:21,694
From seeing a psychotherapist
turn into a two-legged pacifier
253
00:11:21,696 --> 00:11:23,483
for spoiled, rich...
Eddie Newman had insomnia.
254
00:11:23,485 --> 00:11:25,239
He had trouble
controlling his diet.
255
00:11:25,241 --> 00:11:29,325
He had a history of chronic pain and
a well-documented anxiety disorder.
256
00:11:29,328 --> 00:11:31,689
You know as well as I do
that every one of those drugs
257
00:11:31,691 --> 00:11:32,715
has a therapeutic use.
258
00:11:32,744 --> 00:11:36,646
All right. Mr. McCoy,
Ms. Joyner, Mr. Gorton,
259
00:11:38,108 --> 00:11:41,426
you can put on your witness
after Mr. McCoy puts on his.
260
00:11:41,429 --> 00:11:43,954
We'll hear Dr. Olivet's
testimony tomorrow.
261
00:11:45,228 --> 00:11:47,173
Score one for the good guys.
262
00:11:47,175 --> 00:11:49,121
Trembling in my boots, Jamie.
263
00:11:49,123 --> 00:11:50,715
I don't know which I'm
going to enjoy more,
264
00:11:50,720 --> 00:11:53,450
seeing Newman go free
or seeing you lose.
265
00:11:54,551 --> 00:11:56,314
Two vodka martinis.
266
00:11:56,594 --> 00:11:57,822
Is it all about me?
267
00:11:57,840 --> 00:11:58,966
You know I'm over that.
268
00:11:58,989 --> 00:12:01,446
Of course.
I've seen your new associate.
269
00:12:01,448 --> 00:12:03,521
(CHUCKLES)
Harvard Law Review.
270
00:12:03,523 --> 00:12:06,082
And a round butt.
Just the way you like them.
271
00:12:07,258 --> 00:12:10,750
What would you consider a
sufficiently satisfying defeat of me?
272
00:12:11,887 --> 00:12:13,252
Acquittal.
273
00:12:13,675 --> 00:12:15,526
The guy cut
his wife's head off.
274
00:12:15,528 --> 00:12:17,553
You'd look damn good
getting man one.
275
00:12:18,177 --> 00:12:22,045
Minimum sentence, three to six,
I could still look down on you.
276
00:12:22,424 --> 00:12:24,178
We'd never go for it.
277
00:12:24,179 --> 00:12:26,670
We are speaking
hypothetically, aren't we?
278
00:12:27,245 --> 00:12:28,906
Just between us.
279
00:12:30,469 --> 00:12:35,202
ADAM: " Other members of the defense
team reacted with anger and confusion
280
00:12:35,418 --> 00:12:38,945
"to reports that Gorton had
discussed a plea bargain.
281
00:12:39,505 --> 00:12:41,801
"Gorton issued a heated denial,
282
00:12:41,803 --> 00:12:45,122
"but Hogan Place sources insisted
the discussion had taken place."
283
00:12:45,124 --> 00:12:46,318
Now this news I like.
284
00:12:46,337 --> 00:12:49,305
Shake her hand, Adam, I'm just
an old-fashioned prosecutor.
285
00:12:49,307 --> 00:12:50,774
I try cases.
286
00:12:50,775 --> 00:12:51,867
It makes them look weak.
287
00:12:51,925 --> 00:12:55,976
How things look to some general audience
is not relevant in a courtroom.
288
00:12:55,979 --> 00:12:58,021
Oh, will you wake him up,
Ms. Ross?
289
00:12:58,022 --> 00:12:59,904
We're approaching
the 21st century.
290
00:12:59,906 --> 00:13:03,137
It matters, Jack.
When are you gonna buy a new tie?
291
00:13:04,950 --> 00:13:07,917
ROSS: You can't just turn off all
the cameras and the microphones.
292
00:13:07,920 --> 00:13:09,217
What's next?
293
00:13:09,229 --> 00:13:11,047
Timeouts for commercials?
294
00:13:11,049 --> 00:13:14,143
We go into court with
soft drink logos on our backs?
295
00:13:14,369 --> 00:13:16,380
The public'll get entertainment,
they won't get justice...
296
00:13:16,382 --> 00:13:18,518
Mr. McCoy, do you expect another
plea offer from the defense?
297
00:13:18,520 --> 00:13:19,509
That's up to them.
298
00:13:19,541 --> 00:13:22,284
Is it true Ms. Joyner and Mr.
Gorton aren't speaking to each other?
299
00:13:22,286 --> 00:13:23,275
WOMAN: Yeah.
MAN: Is that true?
300
00:13:23,309 --> 00:13:25,191
This is a trial,
not a soap opera.
301
00:13:25,193 --> 00:13:26,883
I wish you people
would remember that.
302
00:13:26,884 --> 00:13:28,442
Ms. Ross? I'm sorry.
I have no comment.
303
00:13:28,449 --> 00:13:29,746
That doesn't work, lady.
304
00:13:32,281 --> 00:13:33,543
Ms. Ross.
305
00:13:33,558 --> 00:13:35,116
You can't go in there.
306
00:13:35,538 --> 00:13:36,937
Ms. Ross?
307
00:13:40,519 --> 00:13:41,816
Jamie.
308
00:13:41,828 --> 00:13:43,486
Allow me
to introduce Mr. Chao.
309
00:13:43,487 --> 00:13:44,511
He's heading
our blood evidence team.
310
00:13:44,541 --> 00:13:45,803
You son of a bitch.
311
00:13:45,818 --> 00:13:46,842
I take it you got my notice.
312
00:13:46,872 --> 00:13:48,237
Yeah. Here it is.
313
00:13:50,256 --> 00:13:52,486
Not a legally persuasive
argument, Counselor.
314
00:13:53,576 --> 00:13:55,395
We have a custody arrangement,
you're in breach.
315
00:13:55,397 --> 00:13:57,087
How? By working late
once in a while?
316
00:13:57,089 --> 00:13:58,181
Every night
for the last two months.
317
00:13:58,206 --> 00:13:59,833
Katie thinks
Isabel is her mother.
318
00:13:59,835 --> 00:14:01,493
She'd be better off with me.
319
00:14:01,495 --> 00:14:02,985
She's my child.
320
00:14:02,995 --> 00:14:06,897
Well, I'm sure we can work out
plenty of times for you to visit.
321
00:14:11,041 --> 00:14:13,274
Coats everybody,
it's time to leave.
322
00:14:13,276 --> 00:14:14,538
Can't Daddy come home?
323
00:14:14,553 --> 00:14:16,953
Not tonight, baby.
Come on.
324
00:14:21,481 --> 00:14:22,539
So you don't believe me?
325
00:14:22,567 --> 00:14:24,959
I do believe you, Rey.
That's the problem.
326
00:14:24,961 --> 00:14:27,099
I've believed everything
you said for nine years.
327
00:14:27,101 --> 00:14:28,791
Then why don't
you believe me now?
328
00:14:28,793 --> 00:14:30,283
I don't like feeling like this.
329
00:14:30,709 --> 00:14:32,175
Everything is open to question.
330
00:14:32,176 --> 00:14:36,545
Not you and me. Not the girls.
That's real. You know that's real.
331
00:14:37,955 --> 00:14:39,354
Daddy, pick me up.
332
00:14:41,499 --> 00:14:43,228
Yeah, baby.
333
00:14:43,606 --> 00:14:45,164
(GRUNTS) You wanna see?
334
00:14:45,171 --> 00:14:46,331
(PHONE RINGING)
335
00:14:46,384 --> 00:14:47,544
CURTIS: Can you get that?
336
00:14:50,407 --> 00:14:51,601
Hello?
337
00:14:52,674 --> 00:14:54,665
Yes, he's here.
338
00:14:55,134 --> 00:14:56,498
Who is it?
339
00:14:56,793 --> 00:14:58,317
It's your girlfriend.
340
00:14:59,698 --> 00:15:00,824
Hi.
CURTIS: Hi.
341
00:15:00,847 --> 00:15:03,077
I usually have
a better sense of timing.
342
00:15:05,636 --> 00:15:08,605
You want me to tell her what
a loyal husband you were?
343
00:15:10,330 --> 00:15:11,729
Guess not.
344
00:15:12,278 --> 00:15:14,351
I'm gonna do whatever it takes.
345
00:15:14,353 --> 00:15:16,253
I gotta get back
with her and the kids.
346
00:15:18,249 --> 00:15:20,308
So, that's a "no"
on the job offer
347
00:15:21,792 --> 00:15:23,157
and on me.
348
00:15:23,612 --> 00:15:25,136
You know what's going on.
349
00:15:27,539 --> 00:15:29,439
Well, at least you didn't
turn out to be gay.
350
00:15:31,722 --> 00:15:34,274
I called Jack McCoy and told
him that I want to testify.
351
00:15:34,276 --> 00:15:37,439
About what, all the times
we almost had sex?
352
00:15:38,012 --> 00:15:39,741
No. About what
the defense said.
353
00:15:40,374 --> 00:15:42,672
How I influenced you
because I don't like Newman.
354
00:15:43,216 --> 00:15:44,308
You didn't influence me.
355
00:15:44,333 --> 00:15:45,959
I don't like Newman.
356
00:15:46,567 --> 00:15:49,822
He messed with my career.
He was mad at Heidi for messing with his.
357
00:15:49,825 --> 00:15:52,345
You think he wanted to be directing
A Tale of Two Yogis?
358
00:15:52,347 --> 00:15:53,405
He sure looked like he did.
359
00:15:53,432 --> 00:15:57,129
He spent five years developing an
American Madame Bovary.
360
00:15:58,094 --> 00:16:00,528
Heidi put it in turnaround.
He was furious.
361
00:16:00,584 --> 00:16:02,074
Why didn't you tell us before?
362
00:16:02,086 --> 00:16:05,544
I couldn't prove it without
accessing confidential files,
363
00:16:06,203 --> 00:16:09,036
which means
I'd be looking for a new job.
364
00:16:13,099 --> 00:16:14,088
Here.
365
00:16:15,908 --> 00:16:19,003
Everything Mattawin Studios
knows about Eddie Newman.
366
00:16:19,006 --> 00:16:20,030
Why?
367
00:16:20,060 --> 00:16:22,255
I'm in a funny business, Rey.
368
00:16:22,965 --> 00:16:25,229
Everybody talks like hippies
369
00:16:25,776 --> 00:16:28,267
and acts like
they're in the Sicilian mob.
370
00:16:29,032 --> 00:16:30,590
I'm tired of it.
371
00:16:35,033 --> 00:16:36,796
These memos are good.
372
00:16:37,204 --> 00:16:39,692
Heidi Ellison definitely
put the kibosh on Newman.
373
00:16:39,694 --> 00:16:41,705
So it was all worthwhile.
374
00:16:41,707 --> 00:16:43,779
I'll tell my kids in 20 years.
375
00:16:43,781 --> 00:16:46,841
Jack, Eddie Newman's
company credit card bill.
376
00:16:49,592 --> 00:16:50,684
Dinner at Le Lapin,
377
00:16:50,711 --> 00:16:53,339
$245, the night of the murder.
378
00:16:53,711 --> 00:16:55,658
He put his whole life
on the company card.
379
00:16:55,660 --> 00:16:57,958
It's a wonder he didn't
expense the murder weapon.
380
00:16:58,373 --> 00:17:01,273
$245 is pretty steep for one.
381
00:17:01,533 --> 00:17:03,000
Even at Le Lapin.
382
00:17:04,088 --> 00:17:05,146
His expense report.
383
00:17:05,173 --> 00:17:08,370
December 5, dinner with consultant
on Wilhelm Reich project,
384
00:17:08,844 --> 00:17:10,471
Dr. Dan Duval.
385
00:17:11,175 --> 00:17:13,973
He was with his shrink an hour
before he killed his wife?
386
00:17:14,241 --> 00:17:16,123
Yes, I had dinner
with Eddie Newman that night
387
00:17:16,124 --> 00:17:18,357
and then I took a cab
to Newark Airport.
388
00:17:18,359 --> 00:17:20,401
And you didn't mention
this dinner to the police?
389
00:17:20,403 --> 00:17:24,071
Well, Eddie had told the police
that he wasn't in New York.
390
00:17:24,074 --> 00:17:26,084
I didn't think
it was any of my business
391
00:17:26,086 --> 00:17:28,319
to cast undue suspicion
on a patient of mine.
392
00:17:28,320 --> 00:17:30,202
Undue? He lied
about his alibi.
393
00:17:30,204 --> 00:17:32,968
Yes, but he didn't
kill Heidi Ellison.
394
00:17:33,302 --> 00:17:34,701
I was still counseling
both of them.
395
00:17:34,706 --> 00:17:37,504
In fact, I spoke to Heidi
on the phone that morning.
396
00:17:37,515 --> 00:17:41,728
You see, my dinner with Eddie Newman
that night was part of the therapy.
397
00:17:41,731 --> 00:17:43,580
How do you know he didn't
kill her, Dr. Duval?
398
00:17:43,582 --> 00:17:45,516
From conversations
I had with him,
399
00:17:45,882 --> 00:17:47,679
which I can't repeat.
400
00:17:47,734 --> 00:17:50,731
Oh. Well, that's
convenient, isn't it?
401
00:17:50,733 --> 00:17:54,191
Your Honor, Mr. McCoy is aware
of the doctor-patient privilege.
402
00:17:54,277 --> 00:17:56,837
That doesn't apply
to social conversations.
403
00:17:57,215 --> 00:17:59,927
Dr. Duval, what did Eddie
Newman say to you that night
404
00:17:59,930 --> 00:18:01,329
in his capacity as your friend?
405
00:18:01,334 --> 00:18:03,375
It's impossible
for me to separate
406
00:18:03,377 --> 00:18:06,536
Eddie Newman, patient,
from Eddie Newman, friend.
407
00:18:06,538 --> 00:18:10,030
Everything he says to me is an
indicator of his mental state.
408
00:18:13,753 --> 00:18:14,879
All right, Doctor.
409
00:18:16,883 --> 00:18:19,179
You said you talked
to Heidi Ellison that day,
410
00:18:19,181 --> 00:18:20,773
what did she say to you
about Eddie Newman?
411
00:18:20,777 --> 00:18:21,971
Approach, Your Honor?
412
00:18:27,004 --> 00:18:29,141
Ms. Ellison's conversations
with her therapist
413
00:18:29,143 --> 00:18:30,929
are just as privileged
as Mr. Newman's.
414
00:18:30,930 --> 00:18:33,323
Her privilege is not
Mr. Gorton's to assert.
415
00:18:33,325 --> 00:18:35,175
It belongs to Heidi Ellison.
416
00:18:35,177 --> 00:18:37,077
As far as I'm aware,
she hasn't waived it.
417
00:18:39,615 --> 00:18:41,207
Her parents are in the gallery,
let me talk to them.
418
00:18:41,211 --> 00:18:42,235
They can waive her privilege.
419
00:18:42,264 --> 00:18:43,458
It's a wasted exercise.
420
00:18:43,478 --> 00:18:45,743
Anything Dr. Duval
says she said is hearsay.
421
00:18:45,745 --> 00:18:47,940
Why don't we fight about
one thing at a time?
422
00:18:49,225 --> 00:18:51,969
Take the rest of the day and
get your waiver, Mr. McCoy.
423
00:18:51,971 --> 00:18:53,563
We're in recess.
424
00:18:54,014 --> 00:18:55,311
For a two-legged pacifier,
425
00:18:55,324 --> 00:18:58,035
Duval kept pretty good
notes on his patients.
426
00:18:58,037 --> 00:19:00,164
Ellison hated Eddie Newman
427
00:19:00,337 --> 00:19:02,154
and she was afraid of him.
428
00:19:02,155 --> 00:19:04,101
Heidi Ellison's sexual history.
429
00:19:04,103 --> 00:19:07,266
Fifteen years in Hollywood,
I can only imagine.
430
00:19:07,424 --> 00:19:09,688
She slept with
one of her assistants.
431
00:19:10,872 --> 00:19:12,533
We've heard that before.
432
00:19:14,032 --> 00:19:16,432
The Mattawin Studios
executive committee tape.
433
00:19:19,109 --> 00:19:20,831
"Ben Hollings.
'Heidi harassed?
434
00:19:20,833 --> 00:19:23,896
"'T hat's a joke. She slept with
one of her own male assistants.'"
435
00:19:23,898 --> 00:19:24,887
(SCOFFS)
436
00:19:25,910 --> 00:19:27,695
You think she told Hollings?
437
00:19:27,697 --> 00:19:29,187
No, I don't.
438
00:19:29,198 --> 00:19:30,631
Then who did?
439
00:19:36,383 --> 00:19:40,019
Duval's notes on a therapy session
two days before Heidi died.
440
00:19:40,021 --> 00:19:43,980
They discussed whether she should
testify in the sexual harassment suit.
441
00:19:44,970 --> 00:19:46,597
She decided not to.
442
00:19:46,599 --> 00:19:48,449
Not even the plaintiffs'
lawyers knew that.
443
00:19:48,451 --> 00:19:51,112
Only Heidi Ellison
and Dr. Duval.
444
00:19:51,803 --> 00:19:54,328
And the top executives
at Mattawin Studios.
445
00:19:54,708 --> 00:19:56,608
CANTER:
I've been fired, you know.
446
00:19:57,613 --> 00:20:01,634
I think my secretary put that tape
in the discovery box to screw me.
447
00:20:01,637 --> 00:20:03,002
I'm sorry.
448
00:20:03,361 --> 00:20:06,392
You told me you knew Heidi Ellison
had decided not to testify.
449
00:20:06,394 --> 00:20:07,452
Right.
450
00:20:07,479 --> 00:20:09,265
And you thought
I was lying, didn't you?
451
00:20:09,267 --> 00:20:10,291
Yes.
452
00:20:10,321 --> 00:20:13,051
Now I know you weren't.
Who told you?
453
00:20:14,216 --> 00:20:15,739
Ben Hollings.
454
00:20:16,035 --> 00:20:17,900
He almost bragged about it.
455
00:20:18,111 --> 00:20:20,511
He said
Heidi had been "handled."
456
00:20:21,622 --> 00:20:23,749
I have no idea what he meant.
457
00:20:24,593 --> 00:20:26,284
Say it again, slowly.
458
00:20:26,285 --> 00:20:30,085
Ben Hollings was afraid Heidi
Ellison would testify against him.
459
00:20:30,499 --> 00:20:33,148
She talked about it with Dan
Duval and decided not to.
460
00:20:33,150 --> 00:20:35,095
And Hollings
found out immediately.
461
00:20:35,097 --> 00:20:36,621
And bragged that
he had her "handled."
462
00:20:36,629 --> 00:20:40,223
And he had personal information
on her from her psychiatric file.
463
00:20:40,364 --> 00:20:43,619
I assume that psychiatrist and Mr.
Hollings were acquainted.
464
00:20:43,621 --> 00:20:46,419
He's on the Mattawin Studios
payroll as a consultant.
465
00:20:46,559 --> 00:20:48,313
$3,000 a week.
466
00:20:48,314 --> 00:20:50,898
ADAM: You think that Heidi
Ellison knew what was going on?
467
00:20:50,900 --> 00:20:52,265
JACK: I don't know.
468
00:20:52,911 --> 00:20:56,677
Well, if she did,
got a new murder suspect now?
469
00:20:56,680 --> 00:20:59,009
Duval is not a suspect.
He was on a plane to LA
470
00:20:59,011 --> 00:21:01,435
while Eddie Newman was
dumping a barong in Islip.
471
00:21:01,437 --> 00:21:03,702
I'm sure the defense
will be happy to tell you
472
00:21:03,704 --> 00:21:06,319
how Duval tossed it
out his airplane window.
473
00:21:06,321 --> 00:21:07,788
Why give them that chance?
474
00:21:07,789 --> 00:21:09,051
This whole thing's
just a dead end.
475
00:21:09,067 --> 00:21:11,045
None of it
has to go to the defense.
476
00:21:11,047 --> 00:21:14,270
It is one of the basic principles
of our system that the prosecution
477
00:21:14,272 --> 00:21:17,143
must provide the defense
with any evidence it possesses
478
00:21:17,145 --> 00:21:19,155
pointing to the innocence
of the accused.
479
00:21:19,157 --> 00:21:22,602
That the District Attorney has such
evidence but has failed to turn it over...
480
00:21:22,605 --> 00:21:24,966
How do you know that, Mr.
Gorton? That doesn't matter.
481
00:21:24,968 --> 00:21:26,627
What matters is what
we don't know
482
00:21:26,628 --> 00:21:28,286
because of the duplicity
of the prosecutors.
483
00:21:28,288 --> 00:21:29,879
MALE REPORTER: Mr. McCoy,
what about this evidence?
484
00:21:29,884 --> 00:21:31,112
Are you gonna turn it over?
485
00:21:31,128 --> 00:21:33,937
We're going to do everything
that the law requires.
486
00:21:33,939 --> 00:21:35,916
What about this evidence,
Mr. McCoy?
487
00:21:35,918 --> 00:21:37,769
It doesn't come close
to meeting the standard
488
00:21:37,771 --> 00:21:39,102
of Brady v. Maryland,
Your Honor,
489
00:21:39,111 --> 00:21:41,886
since it is not material
to the guilt of the defendant.
490
00:21:41,889 --> 00:21:44,314
GORTON: Someone other than the defendant
threatens to murder Ms. Ellison?
491
00:21:44,316 --> 00:21:46,134
Someone else has a compelling
motive to kill her?
492
00:21:46,135 --> 00:21:47,227
I'd say that's damn material.
493
00:21:47,254 --> 00:21:50,794
I assume Mr. Gorton is referring to Mr.
Hollings and Dr. Duval,
494
00:21:50,796 --> 00:21:53,030
neither of whom could have
possibly committed this crime.
495
00:21:53,032 --> 00:21:55,264
Thank you, Ms. Ross, but I
prefer to do my own analysis.
496
00:21:55,266 --> 00:21:56,392
JOYNER: At the very least,
497
00:21:56,416 --> 00:21:59,734
materials should be submitted to
you for an in camera inspection.
498
00:21:59,736 --> 00:22:02,479
That would be the Mattawin
Studios tape recording
499
00:22:02,481 --> 00:22:04,970
and Dr. Duval's records of his
sessions with Heidi Ellison?
500
00:22:04,972 --> 00:22:06,496
It's a waste of time.
501
00:22:06,506 --> 00:22:08,269
I'm not busy tonight.
502
00:22:08,453 --> 00:22:10,853
Have the materials
to me by 5:00.
503
00:22:10,911 --> 00:22:12,970
I'll hear additional
arguments tomorrow morning.
504
00:22:15,253 --> 00:22:17,391
Here are the rest
of the cases, Mr. McCoy.
505
00:22:17,393 --> 00:22:18,654
Thanks...
506
00:22:18,669 --> 00:22:20,068
Good luck.
507
00:22:21,415 --> 00:22:22,882
For nothing.
508
00:22:23,458 --> 00:22:27,031
Every decision with the word
"Brady" in it since 1963.
509
00:22:27,033 --> 00:22:29,058
JACK: She could have
narrowed the search.
510
00:22:29,748 --> 00:22:31,739
Apparently she couldn't.
511
00:22:32,814 --> 00:22:36,738
We can forget about Novoa and Gonzalez
, they're broad and pro defense.
512
00:22:36,740 --> 00:22:38,173
What about Simmons?
513
00:22:38,177 --> 00:22:40,315
It specifically mentions
exculpatory evidence.
514
00:22:40,317 --> 00:22:42,613
There's no reason to believe
this evidence is exculpatory.
515
00:22:42,615 --> 00:22:45,390
Neal will come back with Gonzalez.
He always comes back with Gonzalez.
516
00:22:45,392 --> 00:22:48,423
"The District Attorney must turn over
any evidence that might be exculpatory
517
00:22:48,425 --> 00:22:49,687
"even if he
believes it is not."
518
00:22:49,703 --> 00:22:50,897
Then I go to McMullen.
519
00:22:50,916 --> 00:22:54,361
I only have to turn over " that which is
likely to affect the judgment of the jury."
520
00:22:54,364 --> 00:22:58,232
Be careful how far you go with that, or he'll
slap you in the face with Jones.
521
00:22:58,386 --> 00:23:01,287
(SIGHS) God, look at the time.
I've gotta go.
522
00:23:01,867 --> 00:23:03,391
We're not quite done here.
523
00:23:03,400 --> 00:23:04,958
I shouldn't have been away
from Katie this long.
524
00:23:04,965 --> 00:23:06,655
I'm due in family court
in three days.
525
00:23:06,657 --> 00:23:09,400
We have to go back
to Judge Callahan in 12 hours.
526
00:23:09,402 --> 00:23:11,571
I'm sorry.
Where are your priorities?
527
00:23:11,573 --> 00:23:13,456
If Gorton gets
a hold of this stuff,
528
00:23:13,458 --> 00:23:16,041
he'll come up with some cockamamie
alternate theory of the crime.
529
00:23:16,043 --> 00:23:17,271
A murderer could walk free.
530
00:23:17,288 --> 00:23:18,550
And I could lose my daughter.
531
00:23:18,565 --> 00:23:20,192
You know what, Jack?
That's an easy decision.
532
00:23:20,193 --> 00:23:22,235
Not for an assistant
district attorney!
533
00:23:22,237 --> 00:23:23,864
Fine, I quit.
534
00:23:25,845 --> 00:23:28,493
JACK: People v.
McMullen says we only have to turn over
535
00:23:28,495 --> 00:23:31,558
that which is likely to affect
the judgment of the jury.
536
00:23:31,560 --> 00:23:35,292
I'm still at a loss to imagine how
this material would accomplish that.
537
00:23:35,295 --> 00:23:39,095
People v. Jones addresses the issue of Mr.
McCoy's imagination.
538
00:23:39,477 --> 00:23:42,572
"It is not for the District
Attorney to speculate unilaterally
539
00:23:42,575 --> 00:23:45,095
"as to what evidence would be
helpful to the defendant."
540
00:23:45,097 --> 00:23:47,618
All right, Mr. Gorton,
let's speculate with him.
541
00:23:47,620 --> 00:23:50,332
How is this material likely to
affect the judgment of the jury?
542
00:23:50,334 --> 00:23:51,494
GORTON: Very simply.
543
00:23:51,515 --> 00:23:54,098
It provides a basis for an
alternate theory of the crime.
544
00:23:54,100 --> 00:23:56,588
That Heidi Ellison was murdered by Dr.
Dan Duval.
545
00:23:56,590 --> 00:23:58,855
JACK: Her therapist?
I demand an offer of proof.
546
00:23:58,857 --> 00:24:00,803
GORTON: She found out
he'd betrayed her confidences.
547
00:24:00,805 --> 00:24:02,496
She threatened to expose him
548
00:24:02,498 --> 00:24:04,220
and destroy his standing
in the Hollywood community.
549
00:24:04,222 --> 00:24:05,314
He killed her.
550
00:24:05,339 --> 00:24:06,533
(PEOPLE MURMURING)
551
00:24:06,712 --> 00:24:08,202
(GAVEL BANGING)
JUDGE: Order. Order.
552
00:24:08,212 --> 00:24:09,736
Order. Order.
553
00:24:11,981 --> 00:24:13,958
Mr. Gorton, this theory
of yours is based on...
554
00:24:13,960 --> 00:24:15,746
The evidence
you received last night.
555
00:24:15,747 --> 00:24:18,332
Supported by the testimony of,
among others, Eddie Newman.
556
00:24:18,334 --> 00:24:19,960
Who has every reason to lie.
557
00:24:19,962 --> 00:24:21,715
A man is on trial for his life.
558
00:24:21,717 --> 00:24:23,275
I can't think
of more likely grounds
559
00:24:23,281 --> 00:24:24,748
for overturning
a guilty verdict
560
00:24:24,750 --> 00:24:26,308
than denying him
the defense of his choice.
561
00:24:26,315 --> 00:24:27,339
I'll take that chance.
562
00:24:27,368 --> 00:24:29,570
A reversal wouldn't blemish
your record, Mr. McCoy.
563
00:24:29,572 --> 00:24:31,437
If you don't like
his theory, rebut it.
564
00:24:32,350 --> 00:24:36,561
I order disclosure of all evidence and
all materials sought by the defense.
565
00:24:36,564 --> 00:24:38,725
They're in my chambers, Mr.
Gorton. Come by anytime.
566
00:24:39,246 --> 00:24:40,235
(GAVEL BANGING)
567
00:24:43,270 --> 00:24:45,439
Your Honor, my client
and his ex-wife worked out
568
00:24:45,441 --> 00:24:47,194
a detailed custody arrangement.
569
00:24:47,195 --> 00:24:50,226
I've never seen one that specified which
television programs the child can watch.
570
00:24:50,229 --> 00:24:52,814
Mr. Gorton is very concerned
about Katie's well-being.
571
00:24:52,816 --> 00:24:55,687
He never contested primary custody
during the divorce proceedings...
572
00:24:55,689 --> 00:24:56,986
Because Ms. Ross assured him
573
00:24:56,998 --> 00:24:59,070
she would spend the requisite
number of hours with the client.
574
00:24:59,072 --> 00:25:02,008
And he never sought it, until Ms.
Ross began prosecuting one of his clients.
575
00:25:02,011 --> 00:25:03,808
Counselors, be quiet.
576
00:25:04,597 --> 00:25:06,394
Ms. Ross, Mr. Gorton.
577
00:25:11,939 --> 00:25:13,982
So, you're both working?
578
00:25:13,983 --> 00:25:17,588
I'm in private practice with
five partners and 16 associates.
579
00:25:17,591 --> 00:25:19,115
My schedule is flexible.
580
00:25:19,124 --> 00:25:21,707
I've quit my job.
I'll be looking for one with shorter hours.
581
00:25:21,709 --> 00:25:22,903
An empty promise.
She's made it before.
582
00:25:22,922 --> 00:25:24,613
Katie has lived
with me her entire life.
583
00:25:24,615 --> 00:25:26,880
Mr. Gorton is a weekend father.
I am her mother.
584
00:25:26,882 --> 00:25:28,572
Mothers no longer
get automatic preference.
585
00:25:28,574 --> 00:25:32,372
I get a whiff here of something
other than concern for the child.
586
00:25:32,374 --> 00:25:34,096
You two try to work this out.
587
00:25:34,098 --> 00:25:35,979
If you don't, I can't guarantee
that what I come up with
588
00:25:35,981 --> 00:25:37,959
will make
either one of you happy.
589
00:25:37,960 --> 00:25:39,552
We're adjourned.
590
00:25:39,556 --> 00:25:40,921
I'm sure going
to miss seeing you in court.
591
00:25:40,930 --> 00:25:42,124
(SIGHS)
592
00:25:45,271 --> 00:25:48,570
How would I know what Heidi
Ellison might have said?
593
00:25:49,039 --> 00:25:51,815
Well, how did she react to
that tabloid newspaper story
594
00:25:51,817 --> 00:25:53,444
about her affair
with the actor Derek Morrow?
595
00:25:53,446 --> 00:25:55,679
She was furious,
and rightly so.
596
00:25:55,681 --> 00:25:59,254
The article implied that the affair
affected her business judgment.
597
00:25:59,256 --> 00:26:01,712
Wouldn't she have been even
more furious at the discovery
598
00:26:01,714 --> 00:26:05,001
that her psychiatrist was peddling her
confidences on Hollywood Boulevard?
599
00:26:05,004 --> 00:26:09,279
Objection. There's no evidence Ms.
Ellison was aware of any such alleged impropriety.
600
00:26:09,281 --> 00:26:11,749
Sustained.
Move on, Mr. Gorton.
601
00:26:14,166 --> 00:26:17,899
So, Ms. Heiss, as far as you know,
Heidi Ellison was not aware
602
00:26:17,902 --> 00:26:20,231
that Ben Hollings had hired
Dr. Duval to spy on her.
603
00:26:20,233 --> 00:26:21,222
That's right.
604
00:26:21,254 --> 00:26:23,679
And you were a very loyal
employee to Ms. Ellison.
605
00:26:23,681 --> 00:26:25,147
I hope I was.
606
00:26:25,149 --> 00:26:26,707
Whose loyal employee
are you now?
607
00:26:26,714 --> 00:26:28,852
I still work
for Mattawin Studios.
608
00:26:28,854 --> 00:26:30,253
For Ben Hollings?
609
00:26:30,258 --> 00:26:31,623
Indirectly.
610
00:26:31,630 --> 00:26:33,029
That's nice.
611
00:26:35,525 --> 00:26:38,014
In the four years that you
worked with Heidi Ellison,
612
00:26:38,016 --> 00:26:40,983
did you ever hear her say a
bad word about Dr. Duval?
613
00:26:40,986 --> 00:26:44,217
No. Up to and including
the day she was killed?
614
00:26:44,466 --> 00:26:45,831
No.
615
00:26:45,840 --> 00:26:46,966
Thank you.
616
00:26:49,254 --> 00:26:51,051
Redirect, Your Honor.
617
00:26:52,895 --> 00:26:56,724
Ms. Heiss, what other spies in her
employ was Heidi Ellison unaware of?
618
00:26:56,726 --> 00:26:59,469
I don't think anybody
was spying on Heidi.
619
00:26:59,471 --> 00:27:01,029
What about you?
620
00:27:01,515 --> 00:27:02,504
Me.
621
00:27:02,537 --> 00:27:03,663
You.
622
00:27:04,644 --> 00:27:06,111
What's this?
623
00:27:07,166 --> 00:27:11,409
Is it a check made out to you in the amount
of $10,000 from the National Tattler,
624
00:27:11,412 --> 00:27:14,411
dated one week after their
Derek Morrow story appeared?
625
00:27:14,413 --> 00:27:16,487
Objection. What possible
relevance does this have?
626
00:27:16,489 --> 00:27:19,296
One spy on Heidi Ellison might
cover up the discovery of another.
627
00:27:19,298 --> 00:27:21,391
The objection is overruled.
628
00:27:21,565 --> 00:27:23,288
Answer his question,
Ms. Heiss.
629
00:27:23,290 --> 00:27:24,279
(CLEARS THROAT)
630
00:27:25,333 --> 00:27:28,530
You don't understand.
I needed the money.
631
00:27:32,613 --> 00:27:33,910
Ms. Heiss.
632
00:27:37,338 --> 00:27:40,113
You never told Ms. Ellison
what you had done, did you?
633
00:27:40,115 --> 00:27:41,139
No.
634
00:27:41,169 --> 00:27:44,327
Because she would have destroyed
your career, wouldn't she?
635
00:27:44,329 --> 00:27:45,353
Yes.
636
00:27:45,382 --> 00:27:49,716
Just as she would have ruined Dr.
Duval if she'd known what he had done.
637
00:27:52,727 --> 00:27:53,716
(DOOR CLOSING)
638
00:28:07,828 --> 00:28:09,762
You're making me dizzy.
639
00:28:10,797 --> 00:28:12,662
JACK: We're getting creamed.
640
00:28:12,937 --> 00:28:16,606
It's nice that you and the media
finally agree on something.
641
00:28:16,608 --> 00:28:17,939
The media.
642
00:28:18,780 --> 00:28:23,376
There are reporters working full time
digging up dirt on Hollings and Duval,
643
00:28:23,633 --> 00:28:25,863
making Gorton's case for him.
644
00:28:26,027 --> 00:28:29,553
You're scared of some tabloid hacks?
Or is it Gorton?
645
00:28:30,369 --> 00:28:31,358
(SIGHS)
646
00:28:31,550 --> 00:28:35,826
He has an army of associates, racking
up billable hours in two time zones.
647
00:28:35,829 --> 00:28:39,274
It'll take Jamie's replacement at
least a week just to get up to speed.
648
00:28:39,277 --> 00:28:43,407
Gorton whispers the word "appeal,"
and the judge chokes on his gavel.
649
00:28:45,471 --> 00:28:48,099
Murder two,
15-to-life, I'll be happy.
650
00:28:49,846 --> 00:28:53,474
I'm not ready to concede victory
to Eddie Newman's wallet.
651
00:28:54,985 --> 00:28:56,644
But I need some help.
652
00:28:56,646 --> 00:29:00,377
Call Ms. Ross.
Maybe you could share the babysitting.
653
00:29:02,520 --> 00:29:04,078
Katie, honey, you go upstairs
and start your video,
654
00:29:04,084 --> 00:29:05,244
and I'll be up
in a second, okay?
655
00:29:05,266 --> 00:29:06,290
Okay.
656
00:29:06,320 --> 00:29:07,309
Bye.
657
00:29:08,587 --> 00:29:09,986
Have a seat.
658
00:29:10,439 --> 00:29:12,385
I don't have
a lot of time, Jamie.
659
00:29:12,386 --> 00:29:13,683
We've been over this.
660
00:29:13,696 --> 00:29:15,354
You know Gorton
better than anyone.
661
00:29:15,356 --> 00:29:16,379
Jack.
662
00:29:16,408 --> 00:29:19,206
He's doing everything
you loathe to win,
663
00:29:19,792 --> 00:29:22,376
and he's getting away with it
because he scammed you.
664
00:29:22,378 --> 00:29:25,824
I am afraid if I look away for
one minute, he'll take her.
665
00:29:25,827 --> 00:29:26,851
The first week
we worked together,
666
00:29:26,880 --> 00:29:30,071
you told me you believed in monsters
and things that go bump in the night.
667
00:29:30,074 --> 00:29:32,530
You said they should rot in
hell, along with their lawyers.
668
00:29:32,532 --> 00:29:34,557
Eddie Newman is a monster.
669
00:29:37,386 --> 00:29:40,048
I can't send him to hell
without you.
670
00:29:45,845 --> 00:29:48,439
HOLLINGS: Heidi harassed?
That's a joke, right?
671
00:29:48,719 --> 00:29:51,111
She slept with one of her
own male assistants.
672
00:29:51,113 --> 00:29:53,282
CANTER: We still have
to deal with the eventuality.
673
00:29:53,284 --> 00:29:55,231
HOLLINGS: (SCOFFS)
I'll tell you...
674
00:29:55,233 --> 00:29:59,533
Mr. Hollings, how did you know Heidi
Ellison slept with her assistant?
675
00:30:00,149 --> 00:30:01,810
Dr. Duval told me.
676
00:30:02,193 --> 00:30:05,159
He breached the confidentiality of
the patient-doctor relationship
677
00:30:05,161 --> 00:30:06,947
to tell you
her intimate secrets?
678
00:30:06,949 --> 00:30:08,736
I don't know what he breached.
679
00:30:08,738 --> 00:30:10,812
His ethics weren't my concern.
680
00:30:10,814 --> 00:30:12,042
JOYNER: Nor his, apparently.
681
00:30:12,664 --> 00:30:15,249
Did he quote handle unquote
Ms. Ellison for you
682
00:30:15,251 --> 00:30:17,165
by convincing her
not to testify against you?
683
00:30:17,167 --> 00:30:18,156
Yes.
684
00:30:18,188 --> 00:30:19,177
Why did he do this?
685
00:30:19,210 --> 00:30:20,234
For money.
686
00:30:20,263 --> 00:30:25,997
His consulting fee, plus I optioned
a screenplay he wrote for $100,000.
687
00:30:26,171 --> 00:30:27,263
Why so much?
688
00:30:27,288 --> 00:30:29,360
He said he was taking a chance.
689
00:30:29,362 --> 00:30:32,798
If somebody found out what he
was doing, he'd be ruined.
690
00:30:41,144 --> 00:30:42,668
Mr. Hollings,
691
00:30:43,475 --> 00:30:45,612
Dr. Duval
handled Heidi Ellison
692
00:30:45,614 --> 00:30:49,156
without her being aware of what
was going on, isn't that right?
693
00:30:49,158 --> 00:30:50,489
That was the idea.
694
00:30:50,499 --> 00:30:54,168
Because if she knew what he was
doing, the plan wouldn't work.
695
00:30:54,171 --> 00:30:55,331
I wouldn't think so.
696
00:30:55,351 --> 00:30:56,943
But the plan did work,
didn't it?
697
00:30:56,948 --> 00:30:59,678
Yes. She decided
not to testify.
698
00:31:00,428 --> 00:31:01,759
Thank you.
699
00:31:02,887 --> 00:31:04,577
Jamie found the flaw
in their theory,
700
00:31:04,579 --> 00:31:06,012
and drew a big
red circle around it.
701
00:31:06,016 --> 00:31:08,854
Yeah. It's a good start.
I wish it were enough.
702
00:31:08,857 --> 00:31:10,119
Look what Gorton's done.
703
00:31:10,932 --> 00:31:15,596
The jury sees Ms. Ellison surrounded
by backstabbers and megalomaniacs.
704
00:31:16,009 --> 00:31:17,442
The usual Hollywood crowd.
705
00:31:17,446 --> 00:31:21,541
Any of whom the jury could
reasonably believe killed her.
706
00:31:21,660 --> 00:31:24,094
Only Eddie Newman's
capable of it.
707
00:31:24,406 --> 00:31:27,213
When he takes the stand, I'll try
to get the jury to see that, too.
708
00:31:27,215 --> 00:31:29,384
It won't be that easy.
I know the drill.
709
00:31:29,386 --> 00:31:32,226
Gorton's put Newman through boot camp.
Mock juries,
710
00:31:32,228 --> 00:31:36,221
rehearsed cross examinations by
former prosecutors on videotape,
711
00:31:36,411 --> 00:31:39,378
keeping eye contact with the
jury, what tie to wear.
712
00:31:39,380 --> 00:31:43,873
If she's right, you better bring
something besides your boyish charm.
713
00:31:48,032 --> 00:31:50,933
I had a couple of drinks
at the restaurant.
714
00:31:51,671 --> 00:31:52,695
I was feeling pretty buzzed,
715
00:31:52,726 --> 00:31:54,284
and I wanted
to go to see Heidi.
716
00:31:54,289 --> 00:31:57,725
Dan, Dr. Duval,
said he'd come along.
717
00:31:57,866 --> 00:32:00,386
And what happened when you and he
got to your ex-wife's apartment?
718
00:32:00,388 --> 00:32:03,260
I had a new draft
of the Madame Bovary script.
719
00:32:03,262 --> 00:32:04,984
I thought Heidi
might change her mind,
720
00:32:04,986 --> 00:32:09,165
but she didn't even hear what I was saying.
She just laced into Dr. Duval.
721
00:32:09,168 --> 00:32:10,192
About what?
722
00:32:10,221 --> 00:32:11,415
I didn't really
quite follow it.
723
00:32:11,435 --> 00:32:15,360
Something about calling his patients,
something about suing him.
724
00:32:15,362 --> 00:32:17,387
I wasn't feeling too good.
725
00:32:17,853 --> 00:32:20,883
I had a glass of scotch
from Heidi's bar,
726
00:32:20,885 --> 00:32:22,978
Dr. Duval gave me
a couple of tranquilizers.
727
00:32:24,110 --> 00:32:25,839
What happened next?
728
00:32:27,878 --> 00:32:32,473
Heidi was yelling,
and he was yelling,
729
00:32:33,656 --> 00:32:35,647
and I felt very tired.
730
00:32:36,594 --> 00:32:39,529
The next thing I knew
I woke up on the bed.
731
00:32:39,818 --> 00:32:41,308
Was Dr. Duval
still there?
732
00:32:41,319 --> 00:32:42,547
Yeah.
733
00:32:43,395 --> 00:32:45,022
And so was Heidi.
734
00:32:45,215 --> 00:32:48,437
And she was lying next to me
with a big gash in her head.
735
00:32:48,439 --> 00:32:52,205
She wasn't moving, and Dr.
Duval told me that I had done it.
736
00:32:53,133 --> 00:32:54,327
And you believed him?
737
00:32:54,346 --> 00:32:55,540
Yes.
738
00:32:58,017 --> 00:32:59,041
(CRYING)
739
00:32:59,070 --> 00:33:01,197
I have blackouts sometimes.
740
00:33:02,647 --> 00:33:04,478
What did you do next?
741
00:33:06,062 --> 00:33:10,726
I panicked.
I didn't wanna get caught.
742
00:33:11,970 --> 00:33:17,139
And Dr. Duval told me
that if I cut her up,
743
00:33:17,142 --> 00:33:18,439
if I got rid of the body,
744
00:33:18,451 --> 00:33:20,206
everybody would think
it was some kind of lunatic,
745
00:33:20,208 --> 00:33:22,300
that I'd be safe.
746
00:33:23,846 --> 00:33:26,048
He told me exactly what to do.
747
00:33:26,049 --> 00:33:28,027
He told you where to
dispose of her body parts?
748
00:33:28,029 --> 00:33:29,018
Yes.
749
00:33:30,679 --> 00:33:34,240
And her clothes and her rings.
750
00:33:34,382 --> 00:33:35,371
(EXCLAIMS)
751
00:33:37,224 --> 00:33:40,716
On the plane, when I was
looking at Heidi's ring, I...
752
00:33:41,375 --> 00:33:46,243
The one I gave her.
I couldn't believe what I had done.
753
00:33:48,973 --> 00:33:50,727
NEWMAN: I still loved her.
754
00:33:50,729 --> 00:33:52,128
GORTON: Your witness.
755
00:33:54,624 --> 00:33:56,698
Your grief might be
a little more convincing, sir,
756
00:33:56,700 --> 00:34:00,261
if you hadn't just admitted
you cut off your wife's head.
757
00:34:00,499 --> 00:34:01,761
Objection.
758
00:34:01,776 --> 00:34:03,073
Withdrawn.
759
00:34:04,171 --> 00:34:05,536
Mr. Newman.
760
00:34:08,066 --> 00:34:09,192
Mr. Newman?
761
00:34:09,600 --> 00:34:10,623
(SIGHS)
762
00:34:10,652 --> 00:34:13,348
How long did it take
you to cut her up?
763
00:34:16,143 --> 00:34:19,408
I don't remember.
I was in a daze.
764
00:34:21,252 --> 00:34:22,241
(NEWMAN EXHALES)
765
00:34:25,595 --> 00:34:28,291
Please show us
how you held the barong.
766
00:34:34,503 --> 00:34:36,629
I told you,
I don't remember. I...
767
00:34:37,024 --> 00:34:40,406
I was high on drugs, I was out
of my mind with fear and grief.
768
00:34:40,408 --> 00:34:43,088
I'd just been told
I killed someone I loved.
769
00:34:43,090 --> 00:34:46,992
Did Mr. Gorton warn you I'd put
the murder weapon in your hand?
770
00:34:47,177 --> 00:34:48,836
It's an old prosecutor's trick.
771
00:34:48,838 --> 00:34:50,567
Objection. Relevance?
772
00:34:51,456 --> 00:34:53,338
I'll allow it.
773
00:34:53,340 --> 00:34:54,364
Yes.
774
00:34:54,393 --> 00:34:57,615
JACK: During one of your prep
sessions for today's testimony?
775
00:34:57,617 --> 00:35:01,700
Maybe while you were watching a videotape
of yourself practicing your story?
776
00:35:01,703 --> 00:35:03,193
(CHUCKLING NERVOUSLY) No, I...
777
00:35:04,577 --> 00:35:05,635
Yes.
778
00:35:06,174 --> 00:35:10,304
Was that when you rehearsed maintaining
eye contact with the jury?
779
00:35:10,517 --> 00:35:13,229
Mr. Gorton told you to
do that, didn't he? Yes.
780
00:35:13,231 --> 00:35:14,664
Did he also tell you
781
00:35:14,667 --> 00:35:17,347
to suddenly remember
this alleged argument
782
00:35:17,349 --> 00:35:19,742
between your former wife
and Dr. Duval?
783
00:35:19,744 --> 00:35:22,008
No. I always remembered that.
784
00:35:22,203 --> 00:35:24,020
You just never thought
it was important?
785
00:35:24,021 --> 00:35:25,935
Well, I didn't know
everything then.
786
00:35:25,937 --> 00:35:28,649
But now Mr. Gorton
has filled you in?
787
00:35:28,651 --> 00:35:31,313
He told me to tell the truth.
788
00:35:37,974 --> 00:35:39,965
Then let's try this again.
789
00:35:41,486 --> 00:35:44,319
Please show us
how you butchered your wife.
790
00:35:51,288 --> 00:35:52,277
(SIGHS)
791
00:35:52,692 --> 00:35:53,681
Take it.
792
00:35:59,238 --> 00:36:02,696
One hand or two hands,
Mr. Newman?
793
00:36:04,282 --> 00:36:05,772
Two hands.
794
00:36:05,783 --> 00:36:06,977
Show us.
795
00:36:07,602 --> 00:36:08,591
(SIGHS)
796
00:36:09,646 --> 00:36:11,688
How many times did you
strike Heidi's neck?
797
00:36:11,690 --> 00:36:12,952
I'm not sure.
798
00:36:12,967 --> 00:36:16,476
The Medical Examiner testified
there were two blows to the neck.
799
00:36:16,478 --> 00:36:19,062
Did you do that?
Yes, that's possible.
800
00:36:19,064 --> 00:36:20,326
You were very angry,
weren't you?
801
00:36:20,341 --> 00:36:21,399
No, what do you mean?
802
00:36:21,427 --> 00:36:23,793
The Medical Examiner testified
803
00:36:24,109 --> 00:36:27,905
you struck her with such force,
you took her head clean off.
804
00:36:27,908 --> 00:36:28,932
(CHUCKLES) I don't know.
805
00:36:28,962 --> 00:36:32,376
The same with her hands
and her feet.
806
00:36:32,379 --> 00:36:34,038
You were in a rage.
No.
807
00:36:34,039 --> 00:36:37,229
And you had plenty to be angry
at her for, didn't you?
808
00:36:37,232 --> 00:36:38,922
She was keeping you
from making a movie.
809
00:36:38,923 --> 00:36:40,677
It was just a movie.
810
00:36:40,679 --> 00:36:44,093
Just a movie that you had been
trying to get made for five years?
811
00:36:44,096 --> 00:36:46,121
It wasn't that important.
812
00:36:46,905 --> 00:36:49,999
Eight years ago,
you won an honorable mention
813
00:36:50,098 --> 00:36:52,427
from the New York Film
Festival, isn't that right?
814
00:36:52,429 --> 00:36:54,343
Yes, for my film
Crooked Street.
815
00:36:54,345 --> 00:36:59,609
The critics said your " daring foray
into a new American Neorealism
816
00:36:59,612 --> 00:37:04,844
"marked you as one of the most promising
artists of the American cinema."
817
00:37:05,007 --> 00:37:06,474
That's right.
818
00:37:09,095 --> 00:37:12,064
What's your current
movie about, Mr. Newman?
819
00:37:12,895 --> 00:37:14,123
Talking bears?
820
00:37:14,139 --> 00:37:15,197
Yes.
821
00:37:15,225 --> 00:37:18,922
A daring Neorealist foray
into Jellystone Park?
822
00:37:19,280 --> 00:37:21,928
Does that fulfill your
promise as an artist? No.
823
00:37:21,930 --> 00:37:25,344
Heidi Ellison was keeping you from
fulfilling that promise, wasn't she?
824
00:37:25,347 --> 00:37:26,813
Not just her.
825
00:37:26,814 --> 00:37:28,632
Do you know what kind of
crap they wanted me to make?
826
00:37:28,634 --> 00:37:30,431
JACK: But especially her.
827
00:37:30,455 --> 00:37:32,240
She could have let you make
Madame Bovary, couldn't she?
828
00:37:32,242 --> 00:37:33,402
Yes.
But she didn't, did she?
829
00:37:33,424 --> 00:37:35,221
She gave me a choice.
830
00:37:35,371 --> 00:37:39,009
The bears or a picture about a
dog who's granted three wishes.
831
00:37:39,011 --> 00:37:40,308
I couldn't believe it.
832
00:37:40,320 --> 00:37:41,844
You couldn't believe what,
Mr. Newman?
833
00:37:41,854 --> 00:37:46,120
I had an actress, a bankable actress,
who was attached to Bovary,
834
00:37:46,163 --> 00:37:50,087
but Heidi gives her $12 million
to do an asteroid movie instead,
835
00:37:50,090 --> 00:37:52,683
because our marriage
didn't work out.
836
00:37:53,346 --> 00:37:56,509
That vindictive bitch.
I could've made something...
837
00:38:11,514 --> 00:38:16,109
Dr. Dan Duval had a motive.
He had opportunity.
838
00:38:16,877 --> 00:38:20,404
And he had a confused, dependent
patient to manipulate,
839
00:38:20,421 --> 00:38:23,015
just as he manipulated
Heidi Ellison.
840
00:38:25,274 --> 00:38:28,072
Now, maybe some of you
aren't convinced.
841
00:38:28,914 --> 00:38:31,561
It doesn't say anywhere
that you have to be convinced.
842
00:38:31,563 --> 00:38:34,532
All you have to have
is a reasonable doubt.
843
00:38:34,853 --> 00:38:37,822
Somebody else might have
committed the crime.
844
00:38:40,471 --> 00:38:43,531
Reasonable doubt,
ladies and gentlemen.
845
00:38:44,910 --> 00:38:47,970
If you have it,
you must acquit.
846
00:38:49,092 --> 00:38:51,492
Everyone likes a good story.
847
00:38:52,189 --> 00:38:56,091
Eddie Newman has made a career
of putting stories on film.
848
00:38:56,915 --> 00:39:01,249
And the defense in this case
has told you a very good story
849
00:39:02,565 --> 00:39:04,829
about a sleazy psychiatrist
850
00:39:05,310 --> 00:39:07,862
and a man who believed
he'd committed a murder,
851
00:39:07,864 --> 00:39:10,389
but recently realized
that he didn't.
852
00:39:11,345 --> 00:39:16,009
What actually happened here is less
complicated and far more sordid.
853
00:39:17,539 --> 00:39:21,236
A bitter, angry man
viciously killed his ex-wife,
854
00:39:21,881 --> 00:39:25,977
dismembered her while she was still
alive, and then lied about it.
855
00:39:26,575 --> 00:39:29,339
There's no clever twist
to the plot.
856
00:39:30,406 --> 00:39:34,172
It's just the messy,
ugly truth.
857
00:39:39,856 --> 00:39:44,691
Mr. Gorton has appealed to what
he calls reasonable doubt.
858
00:39:45,157 --> 00:39:48,183
But reasonable doubt
is not any doubt.
859
00:39:51,702 --> 00:39:54,700
God has given you all
the gift of common sense.
860
00:39:54,703 --> 00:39:55,931
Use it.
861
00:39:58,438 --> 00:40:02,738
Eddie Newman used this weapon
862
00:40:04,057 --> 00:40:08,619
to hack to death, not the
woman he claimed he loved,
863
00:40:09,709 --> 00:40:12,576
but the woman
he calls a vindictive bitch.
864
00:40:14,275 --> 00:40:16,334
Find him guilty of murder.
865
00:40:47,415 --> 00:40:50,612
JUDGE: Madam Forewoman, has
the jury reached a verdict?
866
00:40:50,672 --> 00:40:52,394
FOREWOMAN: Yes,
Your Honor, we have.
867
00:40:52,396 --> 00:40:54,796
JUDGE: Will the defendant
please rise?
868
00:40:55,652 --> 00:40:58,970
On the sole count of the indictment,
murder in the first degree,
869
00:40:58,972 --> 00:41:00,886
how does the jury find?
870
00:41:00,888 --> 00:41:04,324
We, the jury, find the defendant
Edward Newman guilty.
871
00:41:24,962 --> 00:41:26,122
You beat me.
872
00:41:26,144 --> 00:41:27,304
Not where it counts.
873
00:41:27,325 --> 00:41:30,419
Family court?
I'm ready to cry uncle there, too.
874
00:41:31,476 --> 00:41:35,036
A letter to Judge Barone,
withdrawing my custody motion.
875
00:41:40,446 --> 00:41:41,470
(SCOFFS)
876
00:41:41,501 --> 00:41:42,525
It's not signed.
877
00:41:42,554 --> 00:41:44,659
I'll sign it as soon
as McCoy announces
878
00:41:44,661 --> 00:41:46,639
he won't seek the death
penalty for Eddie Newman.
879
00:41:46,641 --> 00:41:47,835
(LAUGHING)
880
00:41:48,397 --> 00:41:49,762
You're a bastard.
881
00:41:49,770 --> 00:41:51,965
I'm a zealous advocate
for my client.
882
00:41:52,196 --> 00:41:53,887
I'm trying to save his life.
883
00:41:53,889 --> 00:41:58,514
The People of the State of New York will
decide what's right for your client.
884
00:41:58,517 --> 00:42:02,715
Neal, all these years, and you still
don't know anything about me.
885
00:42:04,583 --> 00:42:05,811
Jamie.
886
00:42:20,292 --> 00:42:22,589
Yeah, the property clerk's
been dying to get this back.
887
00:42:22,591 --> 00:42:24,409
I think he makes
his sandwiches with it.
888
00:42:24,411 --> 00:42:26,612
Guilty and the death penalty.
889
00:42:26,614 --> 00:42:28,464
You know, I thought
he was gonna walk.
890
00:42:28,465 --> 00:42:30,023
Anybody wanna
go out for a drink?
891
00:42:30,030 --> 00:42:31,975
Not me. I'm gonna have
supper with my wife.
892
00:42:31,977 --> 00:42:36,380
Yeah. And I've got a date.
She's no Lisa Lundquist, but she's all right.
893
00:42:38,203 --> 00:42:39,830
I know.
Dinner with Katie.
894
00:42:39,832 --> 00:42:42,426
Whenever possible.
Tonight it's possible.
895
00:42:46,568 --> 00:42:49,867
Started with a killing,
ending with an execution.
896
00:42:50,239 --> 00:42:53,800
You got what you wanted.
Take the rest of the week off.
897
00:42:55,509 --> 00:42:57,997
It's Friday, Adam.
898
00:42:57,999 --> 00:43:00,058
So it is. See you Monday.
899
00:43:05,821 --> 00:43:06,913
(DOOR CLOSING)
900
00:43:34,525 --> 00:43:37,586
ANNOUNCER ON TV: Justice Week in Review
with Ben Tanner and Jerry Vance.
901
00:43:37,588 --> 00:43:38,646
VANCE:
The big story this week
902
00:43:38,673 --> 00:43:43,406
has to be the death sentence handed down
by the jury in the Heidi Ellison case.
903
00:43:43,456 --> 00:43:48,006
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