Original subtitles

[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]