Original subtitles

[footsteps]

[door opens]

I want to thank you all for staying late.

So, what's going on, Leland?

McKenzie: This.

Effective as of this Friday,

I am resigning as senior partner of this law firm.

- Leland. Kuzak: What?!

McKenzie: I'll stay on as "of counsel."

But one of you will have to take over.

Are you sick?

No. No. I'm not sick.

My health has nothing to do with it.

Kelsey: Then, what?

What possible reason could you have

for dropping this kind of bomb on us?

Because for some time now

I've hated to come into work, Ann.

McKenzie: People keep threatening to quit.

People tell me to go to hell.

The place is splitting at the seams

and I can't be the one to hold it together any longer.

So, what are we supposed to do?

You elect a new senior partner.

- That's what you do. Kelsey: Who?

Kelsey: Who here can do this job?

Anybody but me.

Well, you can't do this, Leland.

Oh, yes, I can.

I'm old. I'm rich.

[smacks lips] I'm done.

[door opens]

[footsteps]

[intro theme music]

[music continues]

[music continues]

[music continues]

[theme music]

[music continues]

Proceeding along, Parral versus Dayan. Victor?

Yes, the hospital has settled out,

leaving just the good doctor.

We've offered 40,000 but they've rejected.

Isn't 40,000 a little low for wrongful death?

Sifuentes: Well, the victim was terminal anyway, Jonathan,

so the damage claim's a little weak.

Sifuentes: Start today. - Keep us apprised.

People versus Earl Williams. Uno mas.

Motion to dismiss Wednesday.

McKenzie: Any chance of getting this kicked?

Slim. But Pinto has been seen

and the P.I.'s I'm working with expect to find him.

And then?

I question him.

Kuzak: Which reminds me, if I do find the guy,

I need somebody to be there with me when I talk to him.

I may need an impeachment witness down the road.

- I can do it. - Good.

Brackman: Lastly, clean up items.

As you know, the vote for the new senior partner is Friday.

Which is just three short days away.

Winner decided by plurality.

The declared candidates are Rosalind,

Stuart, and myself.

Oh, Stuart, you little power hog.

I believe I'm qualified.

Yes, well, best of luck to us all.

Let's try to run a clean campaign.

And very lastly, I've been instructed to request

that you all keep the evening of May fourth

clear on your calendar, though I have no idea why.

Benny's clinic is doing a play.

And he's landed a major role,

so I think we should all be there.

Oh, no. First Roxanne thinks

she's Aretha Franklin. What's he doing,

"An Evening with Mark Twain?"

Abby: "The Wizard of Oz."

He's playing the cowardly lion.

And Alice has been cast as Dorothy.

That's great.

Brackman: Well, that's it, people.

We're adjourned. Leland.

[footsteps approaching]

I'd like a minute of your time, please.

[indistinct chatter]

[laughs]

[door opens]

I wasn't going to say anything

but there's no way I can just swallow it.

[door shuts]

- You betrayed me, Leland. - Excuse me?

How many times have we talked about

your turning over the reigns to me?

"Pretty soon it'll be your firm, Douglas."

How many times have you said that?

You've got my vote, Douglas.

But not your endorsement.

You could've sat down with me beforehand.

We could've mapped out a transition,

and you could've coupled your announcement

with a recommendation.

But you didn't do that.

Instead you invited everyone

to throw his or her hat in the ring.

You can't expect me to mandate how the others should feel.

You've made a career out of mandating and steering people

in directions you wanted them to go.

And for my money, you were steering them here too.

Your non-endorsement was conspicuous, Leland.

Senior partners don't have it given to them, Douglas.

You want that job, you go out there. You take it.

Now, you've got my vote.

If you can't muster the support of your colleagues,

[thuds] that's not my problem.

[door opens]

[door slams shut]

And how soon after the accident did the ambulance arrive?

Susan: Maybe 15 minutes.

And it was probably another ten before we got to Cedricks.

And that would be Cedricks Israel Hospital?

Susan: Yes.

They wheeled him right in.

Some nurses or...

paramedics or something checked him over

but they weren't really able to help much.

After a few minutes, he came.

Gilliam: Let the record reflect that the witness has indicated

the defendant, Dr. Michael Dayan.

And what happened then, Mrs. Parral?

Susan: We went into a little room.

And I think... they took blood.

And then they took him off for tests.

And then Dr. Dayan came back

and said that there was something wrong with his spleen

and that they'd have to operate right away.

And what happened then?

They took him off to prep

and they put me in a room where I could wait.

About a half hour or so the doctor comes back

and says he's not going to do the surgery.

Did the doctor tell you why not?

Susan: Yes. He said it was because my husband had AIDS.

He said it would be too dangerous.

Gilliam: Too dangerous for whom?

Too dangerous for him, the doctor.

Susan: He told me not to worry,

that he'd get another doctor to do it,

but that he wasn't going to operate.

And then he left the room.

And when was the next time

that you saw Dr. Dayan?

About an hour later.

He came back in the room...

and he told me...

He told me Warren was dead.

Gilliam: Thank you, Mrs. Parral.

H-- how did your husband contract AIDS, ma'am?

Susan: He had an accident at work

about six years ago when he received

a blood transfusion that was contaminated.

Sifuentes: And he was being treated for this disease?

Susan: He was getting treatment.

It wasn't effective.

Sifuentes: Your husband was dying?

Yes, he was.

Um, sorry, ma'am, but could you tell us how long

the doctors had given him to live?

They said he probably wouldn't make it through the summer.

Sifuentes: And was your husband employed

at the time of his death?

No.

He hadn't worked since last October.

Thank you, ma'am. I have nothing further, Your Honor.

That doesn't mean he should be left to just die.

- Like he didn't matter-- - Thank you, ma'am.

There's no question before you.

- I love you. - I love you, too.

I'll see you there.

[door clatters]

[sighs] He's been having these dreams.

What dreams?

He keeps seeing a crowd of people surrounding him,

screaming at him that he should die.

He keeps having this other one that...

[sighs] He says it's like he's

lying down and he can't wake up.

And he doesn't know if he's asleep or if that's

the state of consciousness when he's dead.

[Kuzak breathes deeply]

It's happening almost every night, Michael.

He's afraid to close his eyes.

Can you win this motion to dismiss?

[smacks lips] I don't think so.

Well, you've got to try.

He's falling apart.

And if we don't get him out of here pretty soon,

I think he's going to break.

Stuart, I didn't say you wouldn't make

a good senior partner.

Markowitz: No, you didn't say it.

But you implied it, didn't you?

I simply asked why it is

you want to run for it.

Oh, which means...

how could I possibly consider for a single second

that I could actually run a law firm, right?

[sighs] Oh, brother. If that is what you infer

from one simple little question, Stuart,

I don't know what to say.

Well, let's get down to it, Ann.

Are you going to vote for me?

Honey, of course I'm going to vote for you.

You're my husband. How can I not support you in this?

[Markowitz laughs] Okay, great.

There it is. You are unbelievable.

The absolute maestro with the back handed compliment.

Oh, for God's sake.

[laughing] No, it great, Ann. It's great.

You'll vote for me out of spousal obligation.

Not because I'd be any good at the job.

No, not because I'd be a good leader.

Not because I'd be good for the firm.

No. But because it's a wife's duty,

to back her husband,

even though he may be tilting at windmills.

[kisses] Stuart, what do you want from me?

You want me to stand up and cheer

"The firm is saved, Stuart Markowitz to the rescue?"

You have never been the head of a single department.

You have never been the boss of anything.

At least, Douglas has been an administrator.

That's all he is, Ann. He's an administrator.

He has no vision.

He can't see beyond the paperclip inventory.

And he has no business being vested

with the direction of our lives.

Better him than Rosalind Shays.

- She can't win. - She can, Stuart.

If you and Douglas split your vote.

You could take just enough support away

from each other and make that queen bitch the winner.

Ann...

Kelsey: Stuart, I can live with Brackman.

Not happily, but I can live.

But, if Rosalind Shays gets control--

Markowitz: It's not going to happen.

You want to know how this thing's going to break down?

Leland backs Douglas. Rosalind votes for herself,

you and I vote for me.

That leaves Becker and Kuzak as the swing votes.

You think they'll vote for you?

Oh, yeah. Yeah. Arnie was never happy

about her joining the firm to begin with,

and he's never taken Douglas seriously.

I think I can nail him down. The trick is Kuzak.

I've got to figure out a way to bag Kuzak.

What?

[door opens]

[door closes]

Okay, seventy-five thousand.

No, not a chance.

Come on, Mark, you can't show damages here.

He had a three month life expectancy,

no lost income. I'm throwing you a bone.

I'm not going for wrongful death here, Victor,

I'm going for hedonics. Loss of enjoyment of life.

How much enjoyment did he have coming to him, Mark?

He was a month away from his organs beginning to shut down.

If anything, this thing spared him tremendous suffering.

Your guy cost Warren Parral the rest of his life.

I'm not forgiving that for seventy-five grand. Sorry.

You gonna take this offer to your client, Mark?

Yes, Victor, I'll tell her.

And I'll tell her not to accept it.

You told her everything?

Meaning what?

Have I told her that I have AIDS?

Look, Mark, I'm sorry.

I just don't want to see your judgment here clouded

by your own personal situation.

She knows about my situation, Victor.

And she knows me to be an honest attorney

who would never compromise his client's interest

just to make a point.

Even if I'm dying.

I'm sorry, Mark. That was out of line.

Your offer is rejected.

[footsteps departing]

[door opens]

I found him this morning, doing some business on Olympic.

- He knows why you grabbed him? - Hmm.

Not yet. He's figured out it ain't no job interview.

- You find out where he lives? - One room studio on Olympic.

It was clean.

[handcuffs clattering]

Ronnie. This is Mike Kuzak.

He would like to know some things.

What the hell is this?

I represent a man who was charged with killing Nina Corry.

Does that mean anything to you?

- No. Kuzak: Well, it should.

You were seen leaving her apartment

the night that it happened.

That's what this is about.

I don't know what you're talking about.

Kayle: You're going to talk to us, Ronnie.

We are going to have a conversation here.

I don't know nothin' about what you're asking me.

You were seen, Pinto. You were seen there.

Kuzak: Now either you start telling us what we want

or prepare yourself for a very long afternoon. You got that?

[spits]

Rollins: Hey! Hey! What the hell?

Hey, what the hell are you guys doing?

[rustling]

You listen to me, you stupid son-of-a-bitch.

I don't give a damn about you or laws or rules or anything.

All I care about is who killed Nina Corry.

Now you better start telling me some things

very quickly or you're going to get hurt.

I told the police and I'm telling you.

I was in the building that night but I didn't kill nobody.

What do you mean you told the police?

I told them everything.

And the district attorney, too.

You told the district attorney

that you were in that building that night?

I told them everything. Now what the hell is this?

What's the district attorney's name?

Get your hands off me!

I said, what was the district attorney's name?

Flanagan! Some chick named Flanagan.

Brackman: Arnie, I've been thinking.

Great. Every man should have a hobby.

I've been thinking about the future of the firm.

I think an entertainment department

could be a very good idea.

And I'd be willing to support you in that endeavor

should you decide to pursue it.

Thank you, Douglas. I appreciate the bribe.

It's not a bribe. It is, however, an indication

of how receptive I can be to new ideas.

Perhaps, your ideas.

I haven't decided who I'm voting for yet.

[office telephone ringing]

And I certainly don't want to influence you in any undue way.

But I might remind you of your own belief

that Rosalind Shays is not a team player.

Not to mention the fact that having a woman at the helm,

would shatter a long standing tradition here.

Mm-mm. What about Stuart?

Do we have any, ah, tradition against him?

Brackman: A fine tax attorney.

[door closes] But, let's face it...

a little Napoleon.

Who knows what would happen with him running around in charge.

But this much we do know.

A vote for Stuart Markowitz...

[blows nose]

is a vote for Ann Kelsey.

She'd be the one calling the shots.

That's pretty vicious, Douglas.

I'm not altogether sure I agree with it.

Well, then think about this.

If I get the nod...

the totem pole stays basically the same.

But if Stuart gets elected,

he becomes more powerful than you.

And so does Ann Kelsey.

Thank you for that objective analysis, Douglas.

I'll, uh...

I guess I'll have some thinking to do.

[door opens]

Oh, ah--

- Stuart. Markowitz: Douglas.

Hi, Arnie.

[scoffs] I just found out

I can't make it to the Laker game

this Saturday night. You want the tickets?

And so you were the first doctor to examine this patient?

Dayan: Yes. I don't usually work in the E.R.,

but I was on call that night,

and through a series of other emergencies,

I happened to be there when they brought Mr. Parral in.

And you diagnosed Mr. Parral as having a ruptured spleen?

It wasn't ruptured. But the CAT scan revealed

a severe contusion and a lot of blood in the abdomen.

That's why I scheduled the surgery.

And then you decided not to operate, is that right?

Dayan: Yes. I had noticed during the initial examination

that he was somewhat emaciated.

And then during prep, I saw the purple lesions

on his skin and the advanced yeast infection in his mouth.

I knew then that he had AIDS.

And that is why you declined to operate?

Yes, sir. I will treat AIDS patients

but I will not perform surgery.

Sifuentes: Why not, doctor?

Because I would be exposing myself

and my team to an infectious disease

that is almost always fatal.

But can't you wear protective clothing?

It's very common for surgeons to get

cuts and nicks on their hands

while they're performing the procedure.

Dr. Dayan, when this patient went into shock,

you knew that if you didn't operate right away

he was going to die.

Yes.

And every single day I'm haunted by the memory

of watching him die.

Dayan: I stood there and watched it.

But I also knew given his weakened immune system,

that there was a chance he wouldn't survive the procedure.

And when I considered that, along with the fact

that it's a bloody operation,

and that I would be risking my own life as well,

I made my decision.

Now, am I conflicted about this?

Absolutely.

Was I wrong? I don't think so.

Sifuentes: Thank you, doctor. Nothing further.

Dr. Dayan.

You let a man die because he had AIDS.

I declined to operate because I didn't want to die of AIDS.

Well, what exactly are the odds

of contracting AIDS in that way, doctor?

The odds are only significant

if you're willing to gamble, counselor. I'm not.

Ever, uh, operate on a patient

who is infected with Hepatitis B?

- Yes. Gilliam: Well, I'm confused.

[scoffs] Hepatitis B is a deadly disease

which is more easily transmitted

than the HIV virus.

You don't mind dying from Hepatitis?

First of all, Hepatitis B is not always fatal.

There is a treatment for Hepatitis B.

There is no cure for AIDS. You get it, you die.

Well, over 200 health care workers die

every year from Hepatitis B.

Gilliam: Only 19 have ever contracted the HIV virus

from job exposure and none have died.

We don't know how many doctors have contracted the HIV virus.

This disease has a long incubation period, counselor.

There could be thousands of health care workers out there

who have this disease and don't know it.

Warren and Susan Parral counted on you.

Gilliam: They went to the hospital for help,

and what they got was a doctor who discriminates

against patients on the basis of what diseases they have.

Do you see those two kids over there, counselor?

They count on me too.

They count on having a father around when they grow up.

You took an oath to save lives, and you let him die.

- He was going to die anyway. - So are we all, doctor.

We're all just trying to put

that day off for as long as we can.

Have you ever been in an O.R., counselor?

We are passing around

razor sharp instruments

that can cut through your gloves,

that can cut your hand.

Gilliam: Move to strike.

A-- and if you're asking me to risk my life

to buy three extra months for a man

who's likely to spend them in excruciating agony...

Yes, it's not worth it.

[clanks]

[knocking on door]

[door opens]

[door closes]

Jonathan told me what happened this morning.

Needless to say, I was shocked.

Terribly shocked.

Well, I guess we've both been shocking each other these days.

Earl's desperate.

[sighs] I don't know what's going to happen

if this thing goes on much longer.

What happened this morning

makes me worry about you, Michael.

I think you're too close to this thing.

Maybe you should step back.

Let Victor spell you a little.

No, Victor's in trial. He can't do it.

No, I-- I've got to do this, Leland.

I'm the only one who knows about this case.

And what happened today will not happen again.

I promise you that.

[instrumental music]

And what is your opinion, Dr. Petit,

of the defendant's conduct that night at the hospital?

His conduct was atrocious.

The Code of Ethics promulgated

by the American Medical Association

requires him to treat that patient.

Dr. Petit: He's in the emergency room, for God's sake.

He has a legal obligation to treat him.

Even if the patient has a deadly, infectious disease?

We're doctors. We've been treating

deadly diseases for a hundred years.

Dr. Petit: Tuberculosis, malaria,

yellow fever, small pox...

Those were all once deadly diseases.

So his conduct then, in your opinion,

was a breach of the accepted standard of medical care?

He let a man die because he had AIDS.

Dr. Petit: That's an affront

to every decent doctor in this country.

Thank you, sir. Nothing further.

His conduct wasn't an affront to every doctor, was it?

To every responsible doctor, I believe it was.

Well, you know, I'm not sure

what doctors you've been talking to.

Because a recent survey of medical school graduates

Sifuentes: found that 25% do not want to treat AIDS patients.

Well, that's a bigotry.

Maybe so, but it is shared

by a big part of your profession, sir.

I don't care how widespread the paranoia is. It's wrong.

Dr. Petit: The AMA has an ethical code of conduct,

counselor. He violated it.

Did the AMA take any action against

my client as a result of his conduct?

Dr. Petit: The AMA has pronounced

that a doctor cannot refuse

to treat someone because he has AIDS.

Did they take any action against my client, sir?

- They should have. Sifuentes: But they didn't.

Maybe because they're more concerned with protecting

their own than in weeding out negligent--

Wait a second. A minute ago,

you were exalting the AMA as the example

that he should live up to. Now you're condemning it.

If anything, I'm just condemning

the fact they failed to discipline--

But the fact is that

nobody has disciplined him.

Sifuentes: Not the AMA, not the hospital that he works at.

Dr. Petit: Well, I think that's disgraceful.

Yes, sir. You think it's disgraceful.

But you do not speak for the medical community here, do you?

I don't care what other doctors may think--

Many doctors would do exactly what my client did

under the circumstances.

And that's what scares me the most.

Thank you, Dr. Petit. Nothing further.

[vehicles rumbling]

Clerk: Case number 89-4035,

The People versus Earl Williams, motion to dismiss.

Your Honor, defendant's motion asserts

lack of probable cause for the re-trial.

Flanagan: The People submit the entire transcripts

from the first trial, as modified

by the Supreme Court ruling,

as evidence in support of probable cause.

Judge Harbin: So entered.

Mr. Kuzak, do you have anything?

I do, Your Honor.

I'd like to call a witness.

This is a motion to dismiss.

I know, Your Honor, but new evidence has come to light

and I would like to present that evidence now.

Very well. Call your witness.

[woman in audience clears throat]

The defense calls Ronald Sewell to the stand.

Kuzak: Your Honor, seek to treat the witness as hostile.

I obtained a court order last night to have him

locked up as a material witness. He's here today only through

the courtesy of the sheriff's office.

I don't expect him to be cooperative.

Judge Harbin: You can lead.

Do you swear to tell the truth, the whole truth

and nothing but the truth so help you God?

Yeah, I do.

Kuzak: Could you state your name for the record, sir?

Ronald Sewell.

And you're sometimes referred to as "Pinto?"

Sometimes.

Turning your attention to the night of November 8, 1988,

were you present at an apartment building at eighty-three,

sixty-seven, Sweetzer in Hollywood?

I was present.

Kuzak: What occasioned you to be there, sir?

I don't remember.

Kuzak: While you were there,

did you see or hear anything unusual?

Mr. Sewell, I'm only asking you

to tell the court what you've already told the police.

I know you have no interest in helping me,

but you do have an interest in avoiding perjury charges.

Did you see or hear anything unusual?

I heard a woman scream when I was leaving the building.

I had nothing to do with it, but heard it.

Kuzak: What did you do? Pinto: Nothing.

I just got the hell out of there.

Kuzak: Did you pass a woman on your way out?

Yeah.

Kuzak: Mr. Sewell,

I show you this picture...

and ask if this could be that woman.

I dunno. I didn't really look at her.

Kuzak: But is it possible that this could be the woman?

Yeah, it's possible.

Your Honor, I ask that this be marked.

This is a photograph of Amy Slesin,

the witness who claimed she saw Earl Williams

leaving the building that night.

Objection. This man did not

identify the woman in the picture.

Flanagan: That has no probative value.

Could it have been me you saw that night?

Yep.

Judge Harbin: Thank you.

Why don't we move on?

Mr. Sewell, did you see anyone else

while you were there that night?

I saw a guy running. White kid, about twenty.

He was going in the other direction when I was leaving.

Could you describe this person?

Pinto: White, young. Brown hair, maybe.

That's all I saw.

Kuzak: Your Honor, let the record reflect

that the witness has just given a description

which loosely matches the features of Todd Ehrenpries,

Nina Corry's boyfriend.

Let the record reflect that the description

given by the witness loosely matches the features

of more than five million young men

who live in greater Los Angeles.

The record will reflect it all. Let's move on.

Kuzak: Mr. Sewell...

have you ever told anyone else

what you've told the court here today?

I told the police and I told the district attorney.

Kuzak: And when did you tell them this information?

About two days... after the murder.

Maybe three.

Kuzak: Tell us, Mr. Sewell,

is the district attorney with whom

you spoke in this courtroom today?

Yeah.

That's her right there.

[audience whispering]

[door opens] I should have you thrown in jail!

Your Honor, I did nothing to--

Judge Harbin: You knew that witness was there at the scene.

You concealed it from him,

you concealed it from me.

That witness was on drugs that night.

He could offer no meaningful--

You have a duty...

to turn over all exculpatory evidence.

I have a duty to turn over all relevant evidence.

This Pinto is and was a drugged--

He was there!

That makes him relevant!

He also saw somebody who

could've been the victim's boyfriend.

He was damn well relevant.

We questioned Nina's boyfriend. It wasn't him.

- That's a theory. Harbin: That doesn't matter.

You want to disqualify me, go ahead.

As for this case, he's already got--

Judge Harbin: Don't tempt me, lady!

I locked him up for contempt.

I can do the same for you.

Now is there anything else I don't know about?

No.

Summations tomorrow at 10 o'clock.

That's all.

Your Honor, I wish--

Shut up and get out!

[door opens]

[door closes]

There's no dispute about what happened here.

Dr. Dayan refused to operate

and it cost Warren Parral his life.

Gilliam: The real question here concerns

the value of that life.

Now, since the patient was terminal with AIDS anyway,

I guess you could easily ask, "Well, what's the big loss?"

So he just died a little sooner, that's all.

What's three months?

Well, I'll tell you something, ladies and gentlemen,

to a dying man...

three months is a lifetime.

Gilliam: Warren Parral died at a time

when he was clinging to life's joys.

Death came when he reveled...

in being alive.

The night before this happened, he sat at the foot of his

six year old daughter's bed, Marcia.

And he studied her little face. and he wondered, or maybe

just tried to remember what it is

that little children dream about.

Or why she would breath through her nose

and then suddenly switch

and breath through her mouth. Heh.

And he said to his wife, Susan,

that as long as he was looking at their child,

looking at what he had brought into this world,

he couldn't feel unlucky.

He was dying...

but he knew he was extraordinarily fortunate

because, tomorrow he would wake up...

and it would all be there for him all over again.

A day when he could watch his child grow,

and see his wife smile, and smell everything,

[chuckles] and measure every single minute.

And after that, there would be another day.

And another one after that. And another one after that.

Warren Parral had 90, maybe a 100 of those days

coming to him and he felt lucky.

Lucky... because he was getting those days

at a time when the value of life

for him was at its zenith.

To be alive...

[laughs lightly]

it's a rich thing.

And those days matter, ladies and gentlemen.

Warren Parral had those days, those moments coming to him.

And he looked forward to the rest of his life.

He looked forward to all of it.

[man in court clears throat]

The hardest...

and probably...

the most horrific thing

that Dr. Dayan ever had to do in his career...

was to stand there that night

and watch his patient die.

Sifuentes: This thing about AIDS,

we just don't know everything about it yet,

and that is a shame.

We don't know exactly how you get it

or how you don't get it. But what we do know...

is that once you do get it...

you're going to die.

Sifuentes: My client, just like Warren Parral

doesn't want to die.

And if we start imposing a duty on physicians

that they have to take this kind of risk...

that they have to stick their hands into contaminated,

deadly blood, then people are gonna stop becoming doctors.

For sure, doctors will refuse

to staff emergency rooms.

And if that happens...

well, then you and I are in trouble,

because suddenly there's going to be nobody there for us.

I know that refusing to do surgery

on an AIDS patient is a kind of prejudice.

I mean, I know this.

But when we are dealing with death,

we've got to be pragmatic, ladies and gentlemen.

And when it comes to AIDS, we're dealing with death.

Right now, today.

That is a fact, it's indisputable.

Flanagan: A jury already convicted

this man once, Your Honor, because they found guilt

beyond a reasonable doubt.

We basically have the same evidence in this trial

that we had in the last.

And therefore, there can be no dispute

that sufficient evidence exist to bind

this defendant over for a second trial.

Accordingly, the People request

that the defendant Earl Williams be held for re-trial

on the murder of Nina Corry

and that all pretrial motions

be scheduled for as quickly as possible.

Thank you.

This was a gruesome, brutal murder.

It was played out on the front pages of every newspaper.

Kuzak: It was the lead story in every news broadcast.

And the people of this city were sickened, Your Honor.

Sickened and disgusted.

And all of the politicians in this city...

and the district attorney's office and the media

and the police and the public,

all joined up to drop this enormous burden...

right at Margaret Flanagan's door.

"Catch this guy."

"Catch him."

The thing is, she couldn't.

Kuzak: She just couldn't.

She had suspects, yes.

Earl Williams was there that night.

Pinto was there that night.

So was an unidentified white man

who matched the general description of Todd Ehrenpries,

the victim's boyfriend.

But the public wasn't going to buy a list of maybes here.

They wanted the one.

Margaret Flanagan knew she couldn't come back

and say "Unsolved."

She had to offer up somebody.

Picking Earl Williams was the easy part.

He was having an affair with her.

That immediately made him sordid.

Dirty. He had also hit his wife once,

so he could be established as being violent.

But this wouldn't be enough.

Margaret Flanagan knew this.

There were no fingerprints on the murder weapon.

No blood spatterings on Earl's clothing.

No physical evidence of any kind which went to violence.

Nothing. So, her only chance of getting a conviction,

her only chance...

was to put this lying,

unfaithful, wife-beating ***,

in front of the jury and say,

"Who else could've possibly done this?"

And for that to work,

she had to make sure that the jury

had no one else to choose from.

So she buried the evidence of Pinto having been there.

She buried the evidence of the white man having being there.

She made sure they only had one suspect

and then she sat back

and she hoped like hell that they still had enough

hatred and outrage left over to convict.

To convict whoever she put in front of them.

And it worked. Now, I know

that the politically safe thing to do, Your Honor,

is to-- to let the jury have this case

and let the system turn its wheels again.

But the system isn't working.

When juries can ignore the burden of proof...

when district attorneys can lie and withhold evidence,

when innocent men can be sentenced to death,

Your Honor, the system isn't working.

Your Honor, for Earl Williams sake...

I'm asking you to take over now.

Kuzak: I'm asking you to do what you have to do.

Flanagan: Briefly in rebuttal, Your Honor,

I would remind the court that Ronald Sewell

is also a black man.

I prosecuted Earl Williams because he had motive,

because he had opportunity,

because an eye-witness and his own semen samples

placed him inside Nina Corry's apartment

at the time of the murder.

The jury didn't convict this man

because of the color of his skin.

They did so...

because Earl Williams...

is a murderer.

[dramatic music]

[jazz music]

Madam Foreman, has the jury reached its verdict?

- We have, Your Honor. Judge Vance: What say you?

[clears throat] In the matter of Parral versus Dayan,

Madam Foreman: we the jury find in favor of the plaintiff,

and order the defendant to pay damages

in the amount of one-hundred and forty five thousand dollars.

Members of the jury, thank you. This case is adjourned.

[indistinct chatter]

Man: Thank you.

Just a...

Victor?

Mark. Congratulations.

Uh, tough case. You deserved it.

Hey, uh, who knows with juries, right?

Listen, uh...

Listen, I have a few more cases

than I care to handle at this time, you know how it is...

You... get backed up and sometimes cases drag on forever.

And sometimes lawyers don't.

I'd be glad to handle them, Mark.

That'd be great.

Great. They're good cases.

Good people.

Good people. And I'll-- I'll get the files right over to you.

Sifuentes: Okay. - Good.

[chuckles] Great. Thanks.

Gilliam: Thanks again.

Hey, uh, ah!

I gotta get across town. You know, I got a meeting.

I should have never scheduled the damn thing.

I don't know why I did. It's a real rat race, isn't it?

- Yeah. - Yeah.

[smacks lips] One of these days I gotta slow down.

[elevator bell chimes]

[elevator doors sliding]

Okay, let's get going.

Now, Stuart asked me if he could make

a brief statement before the vote.

McKenzie: In the interests of fairness,

Rosalind and Douglas may also be heard.

This isn't fair. He got to prepare.

Brackman: I didn't know about speeches. I didn't prepare.

Uh, this is not a speech, Douglas, it's a statement.

- Go ahead, Stuart. - Totally unfair.

I-- it's not even really a statement.

It's just that, uh...

I-- I know that I don't...

leap out at first blush as senior partner material.

Markowitz: But I think the main function of the job,

and the one that Leland mastered so compellingly,

is bringing a sense of community

to a sometimes cutthroat business environment.

And, uh, that would be my goal.

I think the senior partner can never lose sight

of the fact that uh, this is more than just a place

to pick up a paycheck.

[smacks lips] And I promise you, I won't.

That's it.

That was obviously prepared.

Brackman: He prepared it.

McKenzie: Alright, Douglas.

Perhaps you could go next.

[smacks lips]

[sighs] This is off the cuff.

I think Stuart's sentiments are... noble.

But they also expose his naiveté.

Brackman: A law firm doesn't run on hugs.

It's run by doing good quality work.

I can run this place in an efficient way

that will enable us to do our best work.

That will make us feel more productive.

And that will make us enjoy this place

as well as each other a great deal more.

McKenzie: Rosalind.

Well, I didn't really plan

to be seeking this position,

and to tell you the truth,

it's not something that I covet.

But Stuart has absolutely no experience.

He's a fine attorney but he's not ready for this.

Rosalind: And Douglas, from what I've seen,

doesn't command enough respect around here

to be able to effectively lead.

I'm sorry to be blunt,

but this is not the kind of position

you pass out on charity.

Leland is still the person for the job.

Let's not kid ourselves.

But if he refuses, well... let's face it,

I'm better than the other two.

I am.

McKenzie: Alright, let's vote.

[clanks]

Oh, I have Michael's proxy here.

Don't sign your names. It's a secret ballot.

[papers rustling]

Pass them forward, please.

[papers rustling]

Very good. Thank you. That's them all.

[paper flickering]

"Douglas Brackman."

"Stuart Markowitz."

"Rosalind Shays."

McKenzie: Rosalind Shays again.

"Douglas Brackman."

"Stuart Markowitz."

Now that's two, two, two.

A three-way tie.

- Come on, Leland. - Open it.

- "Rosalind Shays." - What?

McKenzie: She wins. Three, two, two.

Congratulations, Rosalind.

- You're the new senior partner. - I'm overwhelmed.

- I don't know what to say. - I have a meeting.

[door opens]

[chair creaks]

[door opens]

[door closes]

I happen to know that Arnold voted for you.

And I voted for you.

You cast the deciding vote for Rosalind, Douglas.

I didn't think I could make it, Leland.

I didn't think I'd get the vote.

And the firm would be better served by Rosalind...

...than Stuart.

You had it, Douglas.

[door opens]

[door closes]

Judge Harbin: Before giving my ruling,

I feel compelled to comment

on the circumvention of justice

that's gone on before me

throughout the history of this case.

Ms. Flanagan, you deliberately misled this court.

You willfully withheld evidence from defense counsel.

Mr. Kuzak, you committed ex parte abuse,

you attempted to introduce excluded evidence,

and who knows what you did

to enlist Mr. Sewell's testimony.

I do know that you have no right

to look up here innocently and ask,

"What's happened to the system?"

Judge Harbin: We are all a part of this process.

And to the extent that any of us sees fit

to ignore the rules or our responsibilities

as officers of the court,

this system doesn't stand a chance.

Judge Harbin: Now, turning to the issue before me,

I've reviewed the modified

trial transcripts thoroughly,

as well as the new evidence given in this hearing.

And while probable cause certainly exists,

I'm going to treat this as a defense motion

for a directed verdict.

And I am holding that this evidence,

as a matter of law...

is insufficient to support a finding

of guilt beyond a reasonable doubt.

Judge Harbin: I hereby dismiss the complaint.

The defendant is to be released from custody.

[Alberta crying in joy]

Judge Harbin: This matter is adjourned.

[soft music]

It's over? And I'm free?

[patting]

[Kuzak laughs]

[camera clicks]

[all crying joyfully]

[camera clicking]

reporter #1: Mr. Williams, can we get a statement?

[crying] I'm coming home, Mama.

[Alberta cries]

reporter #2: Mr. Williams, can we get a statement, please?

female #1: Thank you. Rollins: Way to go, Michael.

reporter #2: How are you feeling, Mr. Williams?

[all talking at once]

[music continues]

[outro theme music]

[music continues]