Original subtitles

- There they are! - There they are.

Mr. Sifuentes, is it true the state

offered manslaughter last night?

No, that is not true.

There's been no new offer by the prosecution.

Mr. Lafferty, how'd you and your

wife get ready to testify today?

My client has no comment.

I'm sorry, we have no comment.

Any thoughts about

accepting second degree?

Mr. and Mrs. Lafferty are both innocent

of all the charges that have been brought against them

and we have no intention of entering into any guilty pleas.

Mrs. Lafferty, How're you holding up?

Any difference in strategies between you and Mr. Sifuentes?

We have nothing to say. I'm sorry.

Is it true they're been offered a movie deal...

- No comment. - Who'll be taking stand first?

Excuse us, please.

[indistinct chatter]

Please excuse us, folks.

We have no further comments.

Thank you.

[indistinct chatter]

I can't take this. This is just the beginning, Wayne.

How are we ever going to get through this?

- Because we will. Sifuentes: Look, I'm sorry.

But you're going to have to get used to this.

The press is going to be here hounding us everyday.

It's only going to get worse.

Don't even listen to their questions.

How can we not hear their questions?

"Mrs. Lafferty did you kill your baby?

[sobbing]

"Mrs. Lafferty, who was the actual

murderer, you or your husband?"

How can I not hear those questions?

Look, Mrs. Lafferty, people are going to think

what they're going to think. But by the end of the trial,

we'll be okay.

Things will never be okay, Mr. Sifuentes.

We hadn't buried him yet, and they arrest us for murder.

Come on, Wayne.

Wayne: Our friends look at us

like they don't know us.

They're not sure.

Trischuta: After the acquittal, they will be.

No, they won't.

[sighs and sniffles]

Our little boy stays dead no matter what.

No matter what, people are going to think we did it.

[dramatic music]

[theme music]

[music continues]

[music continues]

[theme music]

[music continues]

Brackman: Moving on, I'm lunching with

Richard Mermlestein, CEO of Tappan.

[laughing]

Oh, sorry, Douglas.

He's got an idea for a new television

interaction program. Arnold, I'd like you to join.

Oh, I can't. Corinne and I are taking

Chloe to lunch this afternoon,

it's her seventh birthday.

Stiff them. This is a big paying client.

I will not stiff them, Douglas.

Come on, Arnold, I'm talking about new business.

Rent her a clown for the day or give her a puppet show. But--

Alright, Douglas, let's not get into this big debate right now.

- Move along. Brackman: I'm sorry.

Arnold has the expertise in entertainment.

He should be there.

Then you should have given him notice.

Move along, Douglas.

What, are you still telling me to move along?

Is the right to snap "Move along, Douglas"

a function of senior partner status only

or does everyone here have that authority?

Last week it was Michael. Jonathan, Abby,

would you like to tell me to move along?

- Why don't you try it? - Move along, Douglas.

[all chuckling]

People versus Elizabeth and Wayne Lafferty.

- Victor's in court. - Representing the baby killers.

Kuzak: He's only representing the mother.

The judge wanted co counsel because this is a murder case.

He appointed John Trischuta to represent the father.

I don't know how you could defend either one of them.

The baby wasn't killed, Douglas.

The baby died of Sudden Infant Death Syndrome.

Becker: So, the theory goes.

Kuzak: Victor says they're innocent and I believe him.

All I know is it would be nice to see this firm

representing somebody other than

an accused murderer for a change.

I have this arsonist I'm trying to snag.

Just kidding. Move along, Douglas.

Isn't it nice to have this levity?

We're adjourned.

[door closes]

Alright, Douglas.

What's the matter?

Nothing.

I just don't appreciate all the jocularity

at a staff meeting, that's all.

Okay.

Brackman: Leland, wait.

I had a date last night.

[door closes] Yes...

Things progressed to the point

where there was an opportunity

for a... culmination of sorts.

[inhales deeply] And I couldn't.

I haven't been intimate...

with a woman for almost a year, Leland.

Is this... is this something medical?

Brackman: It's Sheila.

- I beg your pardon? - Sex reminds me of her.

And I think it's her memory that incapacitates me.

Well, that doesn't...

that doesn't sound like it could be right, Douglas.

It's right.

I just never knew her...

vileness could have such reach.

Listen.

When I was with Jennifer...

I initially suffered from, uh...

intimidation.

But I was referred to an excellent therapist.

- One of the best. - Did it work?

Well, I never went, actually.

I was going to but, uh...

Well, I suddenly came to.

Brackman: Mm-hmm.

But I think you should give it a shot.

What made you first suspect foul play, Dr. Waibel?

Well, I noticed when the baby was first brought in,

it had extensive bruises on his chest and neck.

Which told you what?

It told me this baby was subjected to physical trauma.

It suggested child abuse.

Cortwright: And what else, doctor?

That the child also had conjunctivitis in his eyes.

That's a tell tale sign of suffocation.

Cortwright: Well, Mr. and Mrs. Lafferty

claim that their little boy...

just stopped breathing.

Dr. Waibel: Well, as the doctor who examined

this child, I don't believe that.

I think this baby was killed.

- Move to strike! - Objection.

No foundation, Your Honor.

Sustained.

The jury will disregard

that last remark.

Cortwright: Nothing further.

Now, you've heard of Sudden Infant Death Syndrome.

- Haven't you, doctor? Dr. Waibel: Of course.

Of course. For the court, what is it, sir?

It's crib death.

Uh, basically, it's when a baby inexplicably

just stops breathing and dies in its sleep.

In fact, more babies have died of SIDS

than from heart disease, cancer,

cerebral palsy, and virtually all other diseases combined.

- Isn't that right, doctor? Dr. Waibel: Yes.

And, doctor, babies that die

from Sudden Infant Death Syndrome

are sometimes inaccurately diagnosed

as having been suffocated, aren't they?

Dr. Waibel: It happens sometimes.

Sifuentes: It happens so often that

for death scene investigations

there has been new legislation in California

that requires police officers to take

SIDS awareness training, right?

That's correct.

Let me show you a statement that was

made by State Senator Dan Boatwright.

Thank you, John.

Are you familiar with this, sir?

Dr. Waibel: I am.

Sifuentes: Could you read the last sentence

on the first page here?

Objection, hearsay.

Overruled. I'll allow it.

Read the line, please.

"With our focus on child abuse,

"we have too many parents being treated as

criminal suspects at the scene of the SIDS death."

Thank you, doctor. Now, you say you saw bruises

on the child's neck and chest area.

Could these bruises have resulted

from CPR attempts to revive the child?

Dr. Waibel: I don't believe they were caused by that.

Sifuentes: Well, is it possible, doctor,

that these bruises resulted from CPR attempts

to save the baby after it had stopped breathing?

It's possible.

Sifuentes: Thank you.

Thank you, doctor.

I have nothing further.

[engine revving]

[indistinct chatter]

- Mmm. - Nice, Markowitz.

Our anniversary lunch and you're working the room.

Ah, they're clients. I have to be polite.

You know the romance is gone

when passion gives way to good manners.

You want passion? There's a cheap little motel

up on Sunset about six minutes away.

- Right. - No, really.

Excellent day rate.

Very fast room service.

You're bluffing.

What if I'm not?

What, you want me to cancel my 2:30 conference call?

One hour of undivided attention.

No baby, no nanny.

Just you and me... in a tacky little room

with orange bedspreads and a red carpet.

[giggles]

Doing... unspeakable things.

[whispering] Let's go.

What about your conference call?

Let's go.

Kelsey: Hi, Sandy, listen, um, something has come up.

- Hmph-he-he. - And, um...

I know I have that 2:30 conference call

but I think you'll be able to push them all till 3:15.

We'll be back by 3:00.

Tell Stuart's secretary too, will you?

- Bye. - Very well done.

[laughs] I feel like I'm skipping school.

I'll write you a note.

[siren buzzing]

Oh, my God.

Markowitz: Oh, boy, unbelievable.

Kelsey: Take it easy, Stuart. Just-- just pull over.

- Pull over. Nice and easy. - Yeah. Yeah.

- Okay! - What did I do?

Did I do anything? I didn't do anything.

Relax, Stuart. Just keep your hands on the wheel.

- Where's the registration? - In the glove compartment.

- He's coming. He's coming. - Of course, he's coming.

He didn't pull us over to test his siren.

- Don't start with me, Ann. - I'm not starting.

Just relax, will you?

Alright. Here he is, here he is.

Driver's license and registration, please?

Markowitz: Yeah. Here's the registration.

Kelsey: And proof of insurance. - Proof of insurance.

And, uh... here's, uh...

here's the driver's license.

Um... did I do anything wrong, officer?

You went right through a stop sign without even slowing down.

Oh, well...

We-- we-- we were talking. And I-- I didn't even see it.

You know, we-- we were talking, so...

Have you been drinking, sir?

I just uh-- I had a little wine with lunch.

Officer Pratt: How much wine, sir?

Don't answer that.

Excuse me, ma'am.

Would you like to be arrested for

interfering with a police investigation?

I'm a lawyer. I'm his lawyer.

I'm entitled to...

give him legal advice, officer.

Step out of the car, sir.

Step to the curb.

Stand completely still. Watch my finger.

Okay. Put your arms to your side and close your eyes, please.

Heels together. Lean back slightly.

Now take your right index finger and touch your nose.

Your right hand.

Okay, sir. Please take eight steps

heel to toe in that direction,

then take eight steps back in the same direction.

[indistinct chatter]

Okay, sir. Please turn around.

Put your right hand behind your head.

- You're under arrest... - Hey!

On suspicion of driving under the influence

of intoxicating substances.

You have got to be kidding.

Be glad I don't test you, ma'am.

- Come along with me, sir. - This is a big mistake.

- No blood test, Stuart. - Come on.

Urine or breathalyzer.

Don't let them take blood, Stuart.

Kelsey: I'll be right down, Stuart.

[door closes]

[phone ringing]

We're not animals, dammit.

You can't chain us up like this.

- Let me go you pig! - Knock it off!

- Hey, come on. officer #1: You shut up.

Next.

police officer #2: Okay, open up.

Please blow very hard.

[blows]

Again, please.

[blows]

Take him back and book him.

Kelsey: How can this take so long?

Hey, it's one of those days.

There is no reason for this. I'm posting bail.

What are you doing to him?

We're not done with him yet, counselor.

We will let you know.

[camera shutter clicks]

N.D. officer: Turn to your right, please.

[camera shutter clicks] Now to your left.

[door closes]

[door locks]

We'd just finished watching this, uh...

uh, TV movie and the news was about to come on.

- The 11 o'clock news? Wayne: Yes, sir.

I... went into the nursery.

He was, uh...

laying on his stomach...

so I couldn't see too much.

Then suddenly I noticed that

there wasn't even any breathing movement.

So, um...

I-- I flipped him over.

My God!

He was just blue.

Trischuta: Was your son alive, sir?

[hesitates]

I-- I don't think so.

Trischuta: What did you do?

I, uh... screamed to my wife.

And then we called 911 and talked to somebody there.

And what did you do as a result of that conversation?

They told me to do CPR.

And I did.

I uh, I s...

I started breathing air into his mouth.

And I squeezed it out of him.

And did you push down...

on his chest during this procedure?

Yes. The man told me to.

Objection, hearsay.

Trischuta: State of mind. - Overruled.

What happened next, Mr. Lafferty?

Wayne: He-- he wouldn't breathe.

Steven wouldn't breathe.

And, uh...

an ambulance came and took him to the hospital

[cries] and they tried to revive him.

[sobs]

[sighs]

But he was dead.

Trischuta: Thank you, sir. Nothing further.

I have no questions at this time, Your Honor.

Your son had an impartially formed intestine

as a result of being a month premature.

Cortwright: Isn't that right? - Yes.

And as a result of complications at birth,

your son was also blind, correct?

Wayne: Yes, that's also true.

Cortwright: So, you came home from the hospital...

with a six week old blind infant

with intestinal problems.

There were a lot of medical bills ahead for you.

- Weren't there? Trischuta: Objection!

Cortwright: Goes to motive, Your Honor.

The survival of this child would have worked severe

financial hardship on the defendants.

Objection is overruled.

You told your friend Alan Levin that you thought

this baby would be better off dead, didn't you?

I was despondent.

In fact, you told him that

you prayed for its death, isn't that right?

[sighs] I was devastated, for God sakes.

That wasn't reflective thought.

Cortwright: Well, was it...

reflective thought, Mr. Lafferty...

when you tried to place this baby

with the West Side Adoption Agency?

Trischuta: Objection! Sifuentes: Objection!

Cortwright: I have a copy of adoption papers here

filled out by Mr. Lafferty in connection--

Trischuta: Your Honor, these papers were never

made available to the defense.

Overruled. I'll admit them.

What did the agency tell you, Mr. Lafferty,

in response to your inquiries?

They said they couldn't place my son.

Cortwright: When was this?

The day before he died.

Cortwright: So, this baby...

whose death you prayed for,

who you tried to give away,

who was going to cost you

hundreds of thousands of dollars in medical care...

this baby just happened to die inexplicably?

Trischuta: Argumentative! Sifuentes: Objection.

Judge Swanson: Sustained.

Cortwright: Nothing further.

I do have one question, Your Honor.

Go ahead.

Did your wife know about this adoption plan, sir?

No.

Wayne: She didn't.

Thank you. Nothing further.

[instrumental music]

[upbeat music]

Marilyn: Please.

It's a little unusual...

coming to a residence, isn't it?

Douglas, I think you're a little confused

about something which I better make clear.

Please, sit down.

I'm not a sexual therapist.

What I am is a surrogate partner.

- Excuse me? - I thought so. It's okay.

Let me explain.

A sex therapist renders their services

exclusively in the form of dialogue.

Surrogates are partners.

I beg your pardon?

We start with talking.

Then we move on to a series of intimacy exercises.

Touching, holding, stroking.

And we gradually work to eliminate

the discomfort brought on by sexual encounters.

You mean, um...

you and me...

we... touch?

Yes, we do.

How exactly do I, uh, graduate?

Are you asking me if we ultimately

engage in intercourse?

In most cases, yes.

But not always.

It depends upon the type of problem

and the progress achieved.

[exhales deeply] I see.

Marilyn: I can see you're very skeptical.

No, no.

Ah, well, I'm wondering whether Blue Cross will cover this.

Perhaps you should think this over, Douglas.

But judging from our phone conversation,

I think you will ultimately be referred to a surrogate.

Okay.

I think I will think about this.

Marilyn: That's great.

Clerk: Case number nine-zero-four-two-zero.

Okay. Ellen Harris is the city attorney. I know her.

We agreed on a September trial date.

- September? - That long?

No, no, no. This is good.

A long trial delay works in our favor.

The arresting officer won't remember as much.

What's more, Judge Matthews will be sitting

in division three in September.

- This is also good. - Why?

Because Rosalind is a good friend of his, that's why.

Every little bit helps.

Michael. Stuart. Ann. How are you guys doing?

- John. How are you? - Great.

Listen, Stuart, thanks for the contracts

on the Offner Syndication.

John: You'll be getting my redlined copy

at the end of the week.

We can put this thing to bed.

Good. Very good.

What brings you boys and girls down to the zoo?

Clerk: Case number 9-0-4-3-5. People versus Stuart Markowitz.

Driving under the influence.

[clears throat] Excuse us, John.

Stuart.

Michael Kuzak for the defendant.

Waive reading, plead not guilty.

Judge Pendleton: Question of bail?

No, Your Honor.

First offense, O.R. is fine.

Both parties agree on a September trial date.

Second week of September.

Mr. Markowitz, check with probation, please.

Next case.

Victor.

Elizabeth.

Come-- come on in.

Sifuentes: What's going on?

Uh, I'm not sure.

I came in because...

I don't know what's going on.

Sifuentes: What's the matter?

This adoption thing...

it came as a total shock to me.

You know that.

And when I got home, I started going through Wayne's desk

looking for the papers...

I found this.

It's an article on Sudden Infant Death Syndrome.

- And? - Look at the date.

It's two weeks before Steven died.

Well, maybe somebody sent it to him after.

That's what I thought at first,

but why wouldn't he show it to me?

And read it. That article is all about how SIDS...

how you never know the cause.

And how-- how it can be mistaken for child abuse.

Wait a minute.

Are you saying you think he got the idea from this?

[sighs] No.

Victor...

that night... when we were watching the TV movie...

Wayne did go in to check the baby.

An hour before the news, he did go in.

Why didn't you tell me about that before?

Because we discussed it.

We figured it would be better not to say anything about it.

And I never thought he could have done something like this.

I still don't.

I know Wayne.

I-- I can't believe he could be

capable of something like this.

Elizabeth, the reason you're here now

is because you think he might have done it.

The reason I am here right now

is because I don't know what to think anymore.

That article, the lie, the adoption thing.

I don't know what to think. Maybe I'm just going crazy.

Wow.

You gotta testify about this.

No.

I have to put you on the stand, Elizabeth,

in which case you have to tell the truth.

I don't know what is the truth,

and I'm not gonna hang my husband.

Well, I'll tell you this.

We got hurt today.

It looks really bad for us, and as your lawyer

I am advising you to tell the court what you just told me.

And what if I'm wrong?

So, then you would admit that

you could be wrong.

Right now everybody on that jury thinks you both did it.

This is a murder trial here, Elizabeth.

You could be looking at life imprisonment.

You gotta think about yourself.

He's my husband.

He also could be the person who killed your son.

[crying] I don't know what to do.

Then you listen to your lawyer.

[instrumental music]

Do you swear to tell the truth, the whole truth

and nothing but the truth, so help you God?

Elizabeth: I do.

State your name for the record, please.

Elizabeth Lafferty.

Sifuentes: Mrs. Lafferty, you were present

for your husband's testimony yesterday?

Yes.

Sifuentes: And were you aware, ma'am,

that your husband tried to put

your son Steven up for adoption?

No, I wasn't.

Sifuentes: And, Ms. Lafferty,

your husband also testified

that neither you nor he went in

to check on the child the night of his death

between the hours of 9:30 and 11 o'clock.

Now, is that correct?

Is that correct, ma'am?

Ms. Lafferty.

I'm gonna remind you now that you're here under oath.

Did anyone check on the baby before 11 o'clock?

Yes. My husband did during the movie.

Trischuta: Your Honor, move for a

recess to confer with co-counsel.

I'm not interested in conferring, Your Honor.

- Move for a recess. Victor! Judge Swanson: Denied.

Judge Swanson: Mr. Trischuta, sit down.

I'm going to show you an article on Sudden Infant Death Syndrome

that is dated September 12th 1989.

That is two weeks before the death of your child.

- Do you recognize it? Trischuta: Objection!

Mr. Trischuta, I said sit down.

Ms. Lafferty, do you recognize it?

Your Honor, permission to treat this witness as hostile.

- Objection. Judge: She's your own client.

Sifuentes: Your Honor, in the interest of justice,

I am asking this woman to give testimony

against her husband.

Judge Swanson: Mr. Sifuentes,

I'll give you a little latitude.

Sifuentes: Thank you, Your Honor.

You found this article in your husband's

desk drawer, did you not?

Yes.

Could you please read the first line

on the second paragraph for the court?

Please. Read it, Ms. Lafferty.

"Sometimes victims of Sudden Infant Death Syndrome

will appear to have suffered from suffocation."

Sifuentes: And the next line.

"And efforts to resuscitate can end up bruising the infant,

giving rise to child abuse allegations."

Sifuentes: Did it occur to you...

that your husband, after reading this article,

came up with the idea of suffocating your child?

Trischuta: Objection! - Sustained.

Sifuentes: Alright, I'll put it another way.

As a result of your husband going in to check on the baby

that night alone,

as a result of you finding that article in his drawer,

an article that predated the death of your son by two weeks,

as a result of his wishing aloud to you

for the death of your baby,

you have now come to the conclusion

that your husband killed your child,

haven't you, Mrs. Lafferty?

Haven't you?

[crying] I'm sorry, Wayne. I-- I don't know anymore.

I wanna believe you. But I just don't know.

Your Honor, I move for an immediate mistrial.

Denied.

[crying] I just don't know

what to think.

- You suckered me! Sifuentes: I didn't sucker you.

Sifuentes: This whole thing unfolded last night.

We met for 20 minutes this morning before

going into court and you told me none of this!

I couldn't tell you. Now, come on, John.

I am her lawyer, you're his. We have to protect our clients.

From the beginning our defenses were common, they were joint.

Now, you sell me out, you son of a bitch.

Hey! Look, I didn't know things

were gonna turn out like this.

But I had no choice.

I had to do it this way.

If I would have told you,

I would've been violating privilege.

I would've been undermining

my client's interests.

I did what I had to do, okay?

Good!

Now, I'm gonna do what I have to do.

Come on, Wayne.

[sighs] Wayne, let's go.

[door closes]

The first exercise is called the hand caress.

The object here is to establish intimacy

without establishing sex.

I'd like you to try this.

Like this?

Good.

Now, try to be just a little more rhythmic.

Now, contemporaneously along with the caress,

I'd like to continue our discussion.

Move along.

[sighs] As I said,

it's not the holding hands or hugging that debilitate me.

It's always been after we're, uh, disrobed.

Right at that point I become excited.

You both had been man and wife for a long time.

The prospect of having sex with another woman

could cause you to become overridden with guilt.

I doubt it.

I had no trouble cheating on her

when we were married.

I see.

I-- it's almost chemical.

As soon as I see a naked woman,

I get nervous.

I get gas.

You get gas?

It varies with my diet, but yes.

And then as soon as I experience

um, uh, a pinnacle

I almost black out. This can't be normal.

Anxieties are neither normal or abnormal.

But nudity makes my knees wobble.

What the hell is going on?

I'm not quite sure.

But, you know, there's only one way for us to find out.

Tomorrow, 2 o'clock,

you and I are gonna get naked.

[sighs]

Peter Hymson is the best toxologist in the state.

With him testifying for us, our stock goes way up.

- Great. - Okay, to the facts.

Now, you had a glass of wine

minutes before leaving the restaurant, right?

Well, I had wine with lunch, so, I-- I guess it was--

Yes, but timing is very important.

Let me explain something.

It takes 30 minutes for a drink to get into your bloodstream.

That means that if you had a glass of wine just before

you got into your car, our expert witness could testify

that it wasn't in your system when you were arrested.

He could testify that even though your blood alcohol level

was 0.9 when you took the breathalyzer 50 minutes later,

that it was actually much lower when you were behind the wheel.

This is a very important testimony.

But if you had that drink over lunch,

say half an hour before driving,

that argument wouldn't be available to us.

So, [clears throat]

when do you think you had that last glass of wine?

He drank it right before we left.

You're willing to testify to this?

- Yes. - Good.

Very good. [door opens]

Excuse me.

Kuzak: Rosalind.

I just spoke with Judge Matthews.

He will be in division three.

- Thank you. - Thank you, Rosalind.

Rosalind: Andy's a fair judge.

I just hope it all works out.

Kelsey: So, what now?

Kuzak: Well, I put all of this together,

I take it to the district attorney,

and I hope that I make this whole mess go away.

Good.

Good.

Good.

Judge Swanson: I remind you, you're still under oath.

Mr. Lafferty, would it be safe to say

your wife's testimony comes as some surprise?

Yes, completely.

Trischuta: Did you cause the death of your son,

Steven Lafferty?

Of course not.

Trischuta: Can you think of any reason why

your wife would accuse you?

There's only one reason I can think of.

Trischuta: What might that be, sir.

She must have done it.

[people murmurs]

This isn't simply "the best defense

is a good offense," is it, sir?

Wayne: No, it's not. No, sir.

It's... First of all, I...

I never checked on the baby that night before 11 o'clock.

I did leave the house once when she asked me to

get her a footstool from the garage.

A footstool?

Wayne: What she wanted it for, I don't know,

in the middle of the movie.

But I left the house.

Giving her time and opportunity to do whatever she wanted.

Sifuentes: Objection! Judge Swanson: Overruled.

Trischuta: What about that newspaper article

she found in your desk drawer?

That...

That was never in the drawer.

After we were arrested, the police

searched all through the house.

They went through my drawers.

They never found the article.

Trischuta: During the course of your marriage, sir,

did your wife ever require

psychiatric care?

Wayne: Yes.

She suffered terrible depression

on account of the child and she was seeing a psychiatrist.

Did she ever tell you why she was seeing this doctor?

Yes.

She felt there was something wrong with her...

because she couldn't love her child.

Because she hated the son she gave birth to.

And that's why I looked into adoption.

Because I was afraid she couldn't handle this.

Your Honor, Dr. Peter Wolper has invoked the doctor

patient privilege and refuses to testify.

However, he confirms by declaration that he did in fact

treat Mrs. Lafferty in the weeks immediately preceding

and following the child's death.

Go on.

Sir...

did you think your wife had killed your son?

Of course not.

How could I? This is the woman I love.

But now... I can't.

I can't believe she could have done this.

But I...

I think-- I think she's gone crazy.

Objection, Your Honor.

Sustained.

The last remark is stricken.

[knocking on door]

Oh, give me a break.

Well, this is not a bribe.

I just don't like plea bargaining

in dreary rooms, that's all.

I ought to bring you up on charges.

Kuzak: I have three little words for you.

Point oh nine.

That's not even enough to be charged in another state.

But he was driving in this state.

And in California the legal limit is point oh eight.

- So that means-- Kuzak: Yeah, yeah.

Kuzak: But it's rebuttable.

He passed two field sobriety tests.

I got a witness who says he passed all four.

Which witness happens to be his wife.

Ellen...

I need this.

Now, Stuart Markowitz is a friend.

He's a good man. He's...

a respected attorney with no record, Ellen.

I need this one.

I'll give you a wet reckless.

Oh, come on, the insurance companies

still go crazy with that.

Drive reckless.

I got a witness who says he took his last drink

just before he got in his car.

I got the best toxologist in the state.

I've got Judge Matthews.

You've got point oh nine.

Why do you want to bother with this?

Drive reckless. But you owe me big.

[sighs with relief]

I owe you very big.

Get out of here. Take your stupid flowers with you.

You're gonna get me in trouble.

[sighs]

Thank you.

And he never suspected her until she testified against him.

And suddenly he has to come up with a new defense.

And the only one he can offer up to refute

her compelling testimony was that she must have done it.

Out of desperation in the eleventh hour, he blames her.

But I want you to remember, ladies and gentlemen,

who came forward first.

She did.

And remember...

that he was the one who tried to give away his child.

He was the one who openly admitted to his best friend...

that he wished his son were dead.

The bruises...

on that child's chest matched his thumb prints.

Wayne Lafferty killed his son, ladies and gentlemen.

He read that newspaper article and he came up with the idea.

And as much as Elizabeth Lafferty loved this man...

she simply could not ignore that awful truth.

And neither can you, ladies and gentlemen.

Neither can you.

She was the one who was in such a depression over this baby

that she had to seek psychiatric help.

She was the one who sent her husband

out to the garage that night,

giving her time alone with the infant.

She's the one who suddenly comes up with a smoking gun

article that police detectives somehow couldn't find.

And after she comes to the so called conclusion

that her husband killed the child...

where did she sleep that night?

With him.

The night before her surprising testimony,

she is in bed with him.

If she really thought that this man had killed her son...

her son!

Would she be sleeping next to him at night?

This is one smart calculating criminal, ladies and gentlemen.

She killed the baby,

then pretended to cooperate with her husband at trial,

in order to sink him at a time when it was too late to react.

She did it!

She killed her son.

And she's trying to frame an innocent man.

Wow.

You know what they've just done here?

They have conspired to create reasonable doubt.

He says she did it,

she says he did it, they confuse us all.

And we've got reasonable doubt for both.

This was a masterpiece, ladies and gentlemen.

Yeah, maybe one of the most

ingenious defense strategies I've ever seen.

Because they think if we can't figure out

which of the two did it...

they both have to go free.

Don't be fooled, ladies and gentlemen.

They came forward with their

Sudden Infant Death Syndrome Defense.

A defense which, in and of itself, is appalling.

SIDS is a real tragedy.

It affects thousand of babies every year.

And they are using it as a device...

to commit a murder.

And when that device suddenly falls apart for them,

they suddenly shift strategy,

start to point the fingers at each other.

They both deserve Oscars.

But they're both liars.

Both killers.

And they deserve guilty verdicts as well.

They're laughing at you right now.

Don't give them the last laugh.

Brackman: This is a little excruciating.

Marilyn: It's really important that you feel

comfortable with this, Douglas.

Are you feeling any nausea right now?

- I think I'm okay. - Good.

Now, I'd like you to stare at my breasts.

Really?

One of the things we wanna get from this exercise

is we wanna remove some of the sensitization

that society has built up around certain body parts.

Okay.

Good. Very good.

You're doing fine.

Now, tell me exactly what are you thinking at this moment.

- The truth? - Mm-hmm.

I'm hoping I don't become flatulent.

Okay. That's fair.

Now, tell me, did you and Sheila

look at each other's body parts when you were making love?

It was usually dark.

Does looking at me remind you of her?

Not even remotely.

Great.

Douglas, I think you're doing fantastic.

I'd like to try something, alright?

What?

I'm going to kiss you.

Just a soft kiss.

No hugging or groping.

Just a small kiss.

Do you think I'm ready? I'm a little queasy.

Let's give it a try. Okay?

[softly] You alright?

I think so.

Don't be afraid now.

I'm gonna touch you with my tongue.

Just unclench your jaw a little bit.

[low groans]

[thudding] Oh dear.

Stuart.

I just talked to Michael, that's fantastic.

Yeah. Isn't that great?

Straight reckless.

- No under the influence. - Mm-hmm.

Over and done with.

Yeah. Over and done with.

So what's the matter?

I was guilty.

Stuart, you weren't drunk. I was there, remember?

- You were not drunk. - Honey...

I had three glasses of wine.

That's not what you can call completely sober.

[sighs]

Markowitz: I was lucky.

I was lucky I had Mike Kuzak who knows how to work the system.

And I was lucky I had Rosalind who knows a judge.

And I was lucky I had three grands so I could buy

the best expert witness money could buy.

And I was real lucky some kid wasn't running across

the street when I barreled through that intersection

with my little buzz on.

Kelsey: Stuart.

The only difference between me

and some drunk you read about

in the newspaper who kills people...

is that I'm lucky.

Judge Swanson: Madam Foreman,

has the jury reached its verdict?

We have, Your Honor.

Judge Swanson: Will the defendants please rise?

In the matter of the People versus Wayne Lafferty,

criminal complaint number 6-2-3-9,

we the jury, find the defendant not guilty.

In the matter of the People versus Elizabeth Lafferty,

criminal complaint number 6-2-4-0,

we the jury, find the defendant not guilty.

Judge Swanson: So, say you all on both questions?

Foreman: Yes, Your Honor. So say us all.

Judge Swanson: Members of the jury, thank you

for your time and service.

This matter is concluded.

You are dismissed.

We are adjourned.

[indistinct chatter]

Mrs. Lafferty, will you two be filing for divorce?

Excuse us. No comments. No comments.

Do you really think she did it, Mr. Lafferty?

Uh, we're very pleased with the verdict.

And we have no further comment. Thank you.

Any chance for reconciliation?

Uh, so what now?

Was it a plan?

Are you filing a divorce?

[indistinct chatter]

[camera shutter closes]

[man coughs]

[pensive music]

[theme music]