Murder One Season One - Chapter Three U.S. air date: October 3, 1995 (Complete transcript) - [Final version] [**Note: "Previously on... " portion has been completed thanks to Vincent Matis.] ======================================================================== Disclaimer: These transcripts were made from personal video copies of the shows and are presented for Fair Use only to Murder One fans. All of the characters and the scripts are the properties of Steven Bochco Productions, Charles H. Eglee, Channing Gibson, ABC television and their respective authors. No copyright infringement is intended nor implied by the distribution of this document. It is solely meant for entertainment purposes only. ======================================================================== "Previously on MURDER ONE" Clip of Barbara Nichols providing Richard Cross with an alibi. Nichols: "I have information Richard Cross is innocent." Ted: "Mr. Cross hasn't said anyone was with him at the crime scene." Clip of Polson interrogating Beverly Nichols about the alibi she provided to Richard Cross. Nichols: "Her eyes were wide open, looking straight at us." Polson: "Interesting, Mr. Cross used those words in describing the body. Exactly." Clip of Garfield. Garfield: "In light of Mrs. Nichols coming forward with this new information... , we're going to dismiss these charges." Clip of Richard Cross after his release from prison. Cross: "I was confident that my innocence proven." Clip of Neil in prison. Neil: "The cops came to my house. They said I was under arrest for killing Jessica." Ted: "I cannot represent you." Neil: "Teddy, I swear to God I didn't kill her. You gotta believe me." Clip of Ted discussing with Richard Cross in a restaurant. Cross smiles: "I cannot deprive Neil Avedon of the best representation available." Ted: "My obligation as his attorney would require me to use every bit of information I know to suggest you as the murderer." Clip of Ted in his office. Ted: "We're going to represent this kid." CHAPTER THREE Law TV's coverage of Neil Avedon's arraignment before Judge Douglas Harrigan. Dean Crowley, host. A live shot of Neil is shown in court speaking with his attorney, Ted Hoffman. Crowley: "We turn now to the so-called Goldilocks murder for which television and film star Neil Avedon has been arrested by Los Angeles police. The sex slaying of fifteen-year-old Jessica Costello has riveted the city of Los Angeles... " Clip is shown of the police removing Jessica Costello's body from the Havenhurst apartment. "... and viewers across America. Last week philanthropist... " Clip of Cross, Ted and the press after his release from jail. "... Richard Cross was arrested for the Costello murder and later released when an... " Then a return to live coverage of the murder case in court. "... alibi witness came forward who placed Cross elsewhere at the time of the crime's commission. And what can be characterized as an unconventional development defense attorney Ted Hoffman, who had represented Cross, is now representing Avedon. Let's go now live to the arraignment of Neil Avedon just getting under way." Grasso can be seen conferring with Detective Arthur Polson before the arraignment gets under way. Judge: "Uh, People versus Neil Avedon." Grasso: "Good morning, your honor. Miriam Grasso and Mark Washington for the People." Ted: "Theodore Hoffman and Lisa Gillespie for Mr. Avedon." Judge: "Read the charges, Ms. Grasso." Grasso: "`Neil Avedon, you are charged with one count of murder in the first degree, a violation of California penal code section 187, for the death of Jessica Costello, a minor.'" To Neil and Ted, "Do you wish the complaint to be read to you in full?" Ted: "We'll waive reading and enter a plea of not guilty to the charge of murder in the first degree, your honor. I'd also like to be heard on the issue of bail." Judge: "Uh, Ms. Grasso, uh, are People seeking the death penalty?" Grasso: "The People haven't decided that yet, your honor. But we would oppose bail for Mr. Avedon under any circumstances since we consider him a flight risk and dangerous." Ted: "Nothing in Mr. Avedon's past remotely suggests that he's a threat to society." Judge: "Mr. Hoffman, what about flight risk, hmm?" Ted: "Neil Avedon is known around the world through re-runs of his television show. His first major motion picture is coming out any week now. Do the people really think he's going to hide?" Grasso: "Duly impressed as the People are with Mr. Avedon's recognizable profile, somehow I can still imagine him on a private jet to a distant island the moment bond is posted." Judge: "All right, Ms. Grasso. Look, I don't find Mr. Avedon's being in the girl's apartment or their having intimate relations proves he's some sort of menace to society. And while I tend to agree with the People that Mr. Avedon might be able to run I don't think he'll be able to hide. So bail is granted in the amount of ten million dollars." Ted: "Your honor, that's tantamount to not granting bail at all." Judge: "And it's conditional, upon Mr. Avedon spending thirty days in a court-approved rehabilitative facility for drug and alcohol abuse. Remand the Defendant into custody and court is in recess.. " Next scene is of Ted accompanying Neil to his cell. Ted: "Lisa's drafting a motion for bail reduction right now." Neil: "Gary Blondo's our only hope. Call him, Teddy." Ted: "Neil, the studio's gonna stay ten miles away from you." Neil is frantic. Neil: "No! I've got to get out of here! You can't let me stay in here!" Ted: "Calm down." Neil is losing it, crying, panic-stricken. Neil: "Is Dr. Lester here yet?" Ted: "He's outside." Neil: "Well, can he give me something?" Ted: "Not without court approval." Neil crying: "Oh, I'm not going to make it, man!" Ted: "Neil, you're going to be all right. You can do this." Neil: "No I can't. If I have to stay in here I'm gonna die." [Music and main titles roll] Daniel Benzali as Theodore Hoffman Mary McCormack as Justine Appleton Michael Hayden as Christopher Dochnovich Grace Phillips as Lisa Gillespie J.C. MacKenzie as Arnold Spivak Stanley Tucci as Richard Cross Dylan Baker as Detective Arthur Polson Vanessa Williams as Lila Marquette John Fleck as Louis Heinsbergen Kevin Tighe as David Blalock Barbara Bosson as Miriam Grasso Patricia Clarkson as Annie Hoffman Jason Gedrick as Neil Avedon Created by Steven Bochco & Charles H. Eglee & Channing Gibson Executive Producer: Steven Bochco [Episode credits roll] Guest starring: Tony Plana as Julio Salazar Mark McClure as Charles Galbraith Anna Gunn as Melissa Griotte Stanley Kamel as Dr. Graham Lester Bobbie Phillips as Julie Costello John Pleshette as Gary Blondo Thomas Kopache as Dr. Leland O'Conner Ned Vaughn as Dean Crowley Adam Scott as Sydney Schneider Richard McGonagle as Judge Owen Harris Paul Lambert as Sam Carter Oliver Clark as Judge Douglas Harrigan Music by Mike Post Casting by Junie Lowry Johnson, C.S.A. Producers: Geoffrey Neigher, Marc Buckland Supervising Producers: Ann Donahue, Joe Ann Fogle Creative Consultant: David Milch Co-Executive Producer: Michael Fresco Executive Producer: Charles H. Eglee Written by Ann Donahue Directed by Joe Ann Fogle ------------------------- Ted arrives back at the firm. Ted: "Morning, Lila." Lila: "Good morning, Mr. Hoffman." Louis: "Your coffee and your calls." Hands Ted his messages. "Also, young Mr. Schneider awaits you in the law library. You might want to greet him." Ted looks over the messages: "Thanks. These can wait." Hands the messages back to Louis. "Ask Dave to see me in my office and tell Dochnovich I want to see him in ten minutes." Louis: "Mm-hmm." Ted: "Who's Schneider?" Louis: "Sydney. Bill and Sylvia's son. USC, second-year law three-month internship." Ted: "Oh." Louis: "Ah." They both head towards the library. Ted: "Sydney. Welcome." They shake hands. Sydney excitedly nervous: "Mr. Hoffman, thanks. It's great. Wow. Look at this." Ted: "How are your parents?" Sydney: "Great, just great. They said to say hi. And I wanted to say just, you know, what an honor it is to be here and I'm really like... honored." Ted: "Well, Louis will get you squared away." Sydney: "Great. And thanks again for giving me this tremendous opportunity. I'm... honored." Shakes hands with Ted again. Ted: "My pleasure, Sydney. And my door is always open." Sydney: "Thank you, Mr. Hoffman." Ted back out to reception. Louis: "Give me two minutes, Sydney, and I'm yours." Ted to Lisa: "How'd it go?" Lisa: "The motion to reduce is filed and the clerk has us scheduled for a hearing Thursday at one-thirty." Ted: "See if you can advance the motion to the morning when we're in court to calendar the prelim." Lisa: "Oh, right. Ted: "Lisa." Takes her into the conference room for a chat. Lisa: "Yeah?" Ted: "I'm thinking of Chris Dochnovich for second chair on the Avedon case." Will you have a problem with that?" Lisa: "Female jurors might resent me sitting next to Neil for an entire trial. Chris will read more like his big brother. It makes sense." Ted: "I agree and I appreciate your team spirit." Lisa laughs: "No problem. Oh, besides which Arnold will be thrilled that I can start to pull my weight on the Galbraith case." Ted: "Oh, how's it going?" They leave the conference room. Lisa: "Prosecution rested yesterday. Arnold spoke to them this morning and they have no interest in a deal so we start right after lunch." Ted: "Go get 'em." Lisa: "Yes sir." Ted to Louis: "Is Dave around?" Louis: "In your office." Enters his office. Ted: "What do we know about Cross that could help Neil?" Blalock: "Oh, nothing you're not aware of. He's a player. Likes his drugs, likes his women and as far as I know, he's likes them over voting age. Besides which the guy would have to be more of a creep than he already is to seduce his mistress' baby sister right under her nose." Ted: "What about the Nichols woman and her husband?" Blalock: "Beverly and Jake. Couple of the year. So far I haven't been able to find any holes in her story." Ted: "Neil swears she wasn't with Cross the night of the murder." Blalock: "Neil wouldn't know if he was on Mars the night of the murder." Ted: "I'd also be curious if there's been any contact between Beverly and Graham Lester. And let's keep tabs on Beverly's husband. He's an actor. If Cross is paying them off, ten to one he shows up starring in some cheesy B-movie for Gary Blondo." Blalock smiles. There's a knock at the door. Chris: "Ted, you wanted to see me?" Ted: "You're second chair. I've told Lisa, she's fine with it." Chris: "Great." Louis pokes his head through the door. Louis: "Her highness, line three. She wishes a command performance." Ted goes to the phone. Ted: "Miriam. What time?" Checks his watch. "Is twelve-thirty too soon? We're on our way." Hangs up. In court, the Galbraith embezzlement case. The Defendant is on the witness stand. Judge Owen Harris, presiding. Arnold and Lisa for the defense. Julio Salazar, Deputy District Attorney for the People. Also in attendance, many of Galbraith's former clients. Lisa: "How did you obtain the clients whose funds you managed?" Galbraith: "Referrals, mostly from other clients." Lisa: "Satisfied clients who'd sent their family members and friends to you to manage their money?" Galbraith: "Before my judgment was impaired, by my illness, I was considered extremely successful by any standard. In fiscal 1990, my clients received a thirty-four percent return on their investments and that was during the recession." Lisa: "In 1994, did you discover you had an addiction to gambling?" Galbraith: "Yes." Lisa: "How did you become aware of your addiction?" Galbraith: "I had begun putting money into things not so much for their merit as investments but for the action. Greater amounts, greater risks. I began losing larger and larger sums, then chasing the losses. Things got out of hand." Lisa: "As your situation deteriorated, did you begin betting clients' money on horses?" Galbraith: "Yes, to pay them back for money I had lost in other high-risk transactions." Lisa: "Were there times when you won at the track and were able to repay those losses?" Galbraith: "Yes, but as I later found out in treatment, the disease is a progressive one. I started losing at the track too. Eventually, everything was gone." Lisa: "Mr. Galbraith, you're alleged to have embezzled 4.7 million dollars from your clients. At any time did you divert funds to your personal use?" Galbraith: "Never. I made unsound fiscal decisions. I conducted my business in an unprofessional reckless manner which I deeply regret but I never took a dime from any of these people for myself." Lisa: "Are you currently undergoing treatment for illness?" Galbraith: "I see a psychotherapist regularly. And I attend the 12-Step program four times a week." Lisa: "Making progress in your recovery?" Deputy: "Objection. His progress isn't relevant." Judge: "Overruled." Galbraith: "I haven't gambled in over a year and I feel that my judgment and reason have been restored. Recently I received a job offer from a well- regarded investment firm. I'm hopeful, with God's grace, and the help of Gamblers' Anonymous, I'll be able to make amends to the people I've injured by paying restitution for the suffering I've caused." Lisa: "Nothing further." Deputy to Arnold: "Good thing your boy found the Almighty, he's going to need someone to listen to his prayers where he's going." To Galbraith, "Are you aware, sir, that the median age of your clients is sixty-seven years old?" Galbraith: "I knew in general they tended to be older." Deputy: "Did you target older people because they're less independent and therefore more vulnerable to fraud?" Galbraith: "Absolutely not. Older people generally have more money available to invest so they have a greater use for the services of an investment professional." Deputy: "Do you know of any other investment professional who'd invest client funds in horse races at Hollywood Park?" Galbraith: "I was trying to protect my clients from losses I had sustained in the options market. It wasn't the right thing to do but in the later stages of this addiction, you do what you can to keep things afloat." Deputy: "Did you also gamble your clients' funds in Las Vegas `to keep things afloat?'" Galbraith: "Only at the very end. I was trying to dig out from a string of losses at the track." Deputy: "It was your trip to Las Vegas that wiped out the finances of Sam Carter and his wife, causing her to have a fatal heart attack, wasn't it?" Lisa: "Objection, your honor. Calls for speculation and it's prejudicial under 352." Judge: "Counselor, you can do better than that. Sustained on all counts." Deputy: "When you were in Las Vegas, sir, did you stay in a twenty-five hundred dollar a night penthouse, bigger than most of your clients' homes?" Galbraith: "It was comped. But I spent most of my time in the casino. I was probably only in that room long enough to take a shower." Deputy: "Were you also feted during your stay in Las Vegas with champagne and expensive meals?" Galbraith: "The hotels do that for high rollers. But understand, none of that stuff matter to me. All I was looking for was a win big enough to make things right." Deputy: "The devil made you do it. Is that what you want the jury to believe, Mr. Galbraith? Because then you'll win big here in this courtroom." Lisa stands to make an objection. "Withdrawn. Nothing further." Next scene, Ted and Chris head over to Miriam Grasso's office for a meeting. Ted knocks on the door. Grasso attempts to open it but it sticks. Finally opens it. Grasso sighs: "I've been begging to have this door fixed for months." Shows them in. "Never work for the government, fellas. It's thankless." Mark Washington is present in the office. Ted: "Oh I'm sure it has it's perks, Miriam." Grasso: "Appreciate you coming over like this. Have I formally introduced you guys to Mark Washington?" They both shake hands with Washington. Ted: "Good to meet you." Chris: "I see you around the courthouse." Washington: "Good to meet you both." Grasso: "I don't want to embarrass Mark but we consider him one of the brightest recruits in some years. Avedon. Avedon." Searches her cluttered desk for a file. "Here it is. Hmm. Dead girl, found nude, evidence of drugs, semen linking your young man -- who I might add, my nieces adore. They wouldn't dream of missing one of his shows. Client's got quite a future. Have we discussed the issue of rape?" Ted: "Unlawful sex, maybe. But not rape, which knocks out special circumstances. But something tells me you'd like to do that anyway." Grasso laughs and tosses the file on the desk: "You know me, Teddy. I work for the State. This file goes away, another one comes down the pike. It's all the same to me. But my boss, on the other hand... " Ted: "Your boss has a bloody nose." Grasso: "The police brought him evidence against Avedon he couldn't ignore. But I don't know. You know, prosecuting a popular kid like Neil, high- profile case this close to an election, facing Ted Hoffman again, in this town, there could be other options." Ted: "Drop the charges against my client. Square it with Polson down the road." Grasso: "Try this: drugs were involved, experimental sex -- it's possible there was no intent, no premeditation. Things just got out of hand. I can't possibly divine what's in my boss' head but, um, involuntary man sounds in the ballpark." Ted: "You're talking plea bargain and my client says he didn't commit the crime. Miriam, you insult me." Grasso: "Come on, Teddy. He's a young kid. Do him good to stay put for a while. Take stock of his life." Ted: "Except he's innocent." Grasso: "Now you insult me." Ted: "The last thing I'd ever want or intend. We'd better leave before I do you any more emotional damage." He and Chris leave the office. Grasso: "See you in court, fellas." Outside her office. Chris: "I realize she brought us in to see if we believe in our guy but Ted, I think Grasso actually wanted to deal." Ted: "Not on your life." Chris: "No, I think she realizes her case is shaky. I honestly believe she's scared." Ted: "Her boss is scared. He's got a political career. Miriam Grasso's a lifer. She doesn't have anything else but this job. If you think that sweet, helpful lady was really trying to sell the deal her boss was floating, I haven't taught you anything. This is war and Miriam lives for it. She wants Avedon for murder one and she thinks she can get him. If we had dealt in there, she'd never have forgiven me." They leave. Back at the firm, Chris' office. He and Justine are working on the Avedon case. Ted enters. Chris: "Going back over the crime scene." Justine: "And I'm already into a motion for discovery on the forensics. Blood, fibers, hair above and below the waist." Ted: "We're with Kincaid's outfit in Westwood for the lab on fiber?" Chris: "Worked for us on the Anselmo case." Louis drops by with a message for Ted. Louis: "Sorry to interrupt. Richard Cross is here with Julie Costello. I've installed them in your office." Ted leaves for his own office. Ted: "Can I get you something to drink, Julie? A glass of water?" Julie: "No, I'm fine." Ted: "Richard?" Cross shakes his head: "No." Ted: "So what can I do for you?" Cross: "Julie found her sister's diary today." Ted: "How'd the police miss it?" Julie: "My car was being detailed while I was out of town." Cross: "Julie went into the trunk, to change the CD. She found the diary. She phoned me, very upset. She brought it to me." Julie: "I couldn't believe the things that were in it." Cross: "Jessica writes about her experience with sex and drugs at a level of depravity that, uh, well all I can say is I was shocked. And heartbroken. We both were. My first thought was you should see this." Takes the diary from Julie's hands and gives it to Ted. "Of course I made copies for safe keeping." Ted picks up the book and looks through it. Julie: "How could I have missed it? She lived with me." Cross: "Julie, we've been over this. Don't blame yourself." Julie near tears: "I haven't been much of a role model." Ted leafing through the pages: "These appear to be men of some social prominence." Cross: "They're all in your Rolodex, Teddy. Every one of them. Agents, studio guys, political types. There's a passage in there, `with G.B. in his gold Range Rover.' Gary Blondo, am I right? There's drugs on every page." Ted tosses the diary down on his desk. Ted: "Why didn't you take it to the police?" Julie: "I don't trust the police." Cross: "Honey, this is just upsetting you. Let me talk to Ted alone, okay? Come on." She rises and heads for the door. Cross accompanies her to the door. Ted: "Louis will get you some tea or whatever you'd like." Cross: "I'll meet you out there, okay?" She leaves. He walks over to sit near Ted. "Teddy, I'm not a lawyer but doesn't this cast reasonable doubt for Neil?" Ted: "One could certainly make that argument." Cross: "For all we know, Jessica was planning on blackmailing one of these men. None of whom could afford to have these revelations made public. That's a pretty powerful motive." Ted: "As I said, an argument could be made. The diary would have to be admitted into evidence first... " Cross: "Which would create reasonable doubt for Neil. But it cuts both ways. The diary could also hurt him. Unless you submit it to the court under seal." Ted: "Are you also a doctor, Richard? Because I've got a slipped disc that's been killing me." Cross: "All right, all right, all right. So I'm meddling. But Teddy, when I see Neil behind bars I know in my heart that this kid is innocent. And with this diary I know you have a winnable case. I would not have put up his bail otherwise." Ted: "Excuse me?" Cross: "I put up the million for Neil's bond. My people are working on it right now. He should be out by, uh... " Looks at his watch. "Well, after dinner." Ted: "You know what's nice, Richard? The interest that you take in these young people. Jessica, Neil, Julie." Cross: "I don't want to keep Julie waiting." He heads towards the door. "Thank you, Teddy." Leaves. Ted heads straight for Chris' office. Dave Blalock is there with Chris and Justine. Ted: "Chris, we're going to county. Richard Cross just put up bond." Blalock: "And he wanted to see your face when he told you." Ted: "He also brought a gift." Tosses the diary onto the desk. "Jessica Costello's diary. Ten copies, Justine. Break it down for everyone. Let's authenticate this so we'll know if these are a young girl's fantasies or something we can use." To Dave, "There are some interesting initials in there. Rattle some cages." He leaves and Chris follows. Justine hands the diary to Blalock. Back to the embezzlement case. The Defendant's psychiatrist, Dr. O'Conner, is on the witness stand. Lisa: "When Charles Galbraith became a psychiatric patient of yours, you diagnosed him as a pathological gambler, did you not?" Doctor: "That's correct. The typical course of the pathology proceeds through four distinct phases. Mr. Galbraith was a phase-three." Lisa: "Could you describe these phases for the court." Doctor: "The winning phase. The losing phase. The desperation phase. And giving up." Lisa: "So, Mr. Galbraith was in the desperation phase?" Doctor: "Right. That's when the patient crosses the line. Starting to do things that would have been previously unimaginable, such as stealing, writing bad checks, other such illegal activities." Lisa: "In your experience, is a phase-three pathological gambler cognizant of wrongdoing?" Doctor: "Varies. Generally the patient believes he is one winning streak away from solving his problems. He views an event such as theft, for example, as a short-term loan which he has every intention of repaying." Lisa: "Dr. O'Conner, do you recognize this transaction ledger?" Doctor: "Yes, it belongs to Mr. Galbraith." Lisa: "Your honor, I would like to enter this as Defense Exhibit `C.'" Judge: "So entered." Lisa: "Doctor, when did you have occasion to see this ledger?" Doctor: "Mr. Galbraith brought it to one of our initial therapy sessions." Lisa: "And what is the significance of this book?" Doctor: "Well, it's very nearly diagnostic for the non-volitional gambler. These people usually keep meticulous records of their losses in anticipation of repaying them with future winnings." Lisa: "What's his prognosis for recovery?" Doctor: "Excellent. His positive outlook, education and work ethic predispose him toward complete rehabilitation. It's also worth noting Mr. Galbraith has a brilliant financial mind. If he's allowed to pursue the job opportunity he's been offered I have no doubt he would eventually be able to make restitution, which is therapeutic in itself." Lisa: "Your witness." Deputy: "Is it your testimony, doctor, that Mr. Galbraith had no control over his actions?" Doctor: "When a person is non-volitional it means he doesn't have the capacity to make choices." Deputy: "Did he choose to get into his car and drive five hours to Las Vegas? And didn't he make a choice to gamble away a hundred thousand dollars that didn't belong to him?" Doctor: "Clinically speaking, he did not choose. He was driven by his compulsion." Deputy laughs: "How much do you charge for an hour of therapy, sir?" Doctor: "One hundred and ninety-five dollars." Deputy: "Hmm. According to Mr. Galbraith's financial statement he is destitute. How is it he can afford your services?" Doctor: "Mr. Galbraith's account is over thirty thousand dollars in arrears." Deputy: "So, if he's convicted of this crime and sent to prison, you'd be unable to recover that money, wouldn't you?" Doctor: "If I thought Mr. Galbraith was a healthy, fully-functional individual, I would have begun collection proceedings against him a long time ago. But given his remarkable progress, I am confident he will make a complete recovery and I'll be paid in full." Deputy: "Assuming that unlikely event, would you let Mr. Galbraith manage those funds?" Lisa: "Objection. Argumentative." Deputy: "Withdrawn. No further questions." Next scene: Parker Center. The press is in full force to meet Ted and Chris leaving with Neil who has just been released on bail. There are also dozens of fans screaming for Neil present. The press is shouting out questions at Neil. They begin trying to make their way through the crowd to a waiting limo. They are accompanied by bodyguards. Reporter #1: "Neil, is it true that you and Jessica were engaged?" Ted: "Totally false. Please give us room." They try to make their way down some steps. Reporter #2: "Did Neil sign a confession for the police the night he was arrested?" Ted: "Patently, one hundred percent untrue." Reporter #1: "How'd they treat you in jail, Neil?" Ted: "Mr. Avedon would like the sheriff's department for his fair treatment." They finally reach the limo. Reporter #3: "Do you have anything you'd like to say to your fans?" Neil: "Uh, all I can is that it's great to be out. And I'd like to thank everyone for your support." He throws a kiss to his fans. Ted: "We have faith that our system of justice will bear out Mr. Avedon's total, complete innocence. Thank you very much." They get in the car as the press continues to shout questions at Neil. The fans chase after the car as it leaves. Inside, Ted and Neil have a chat. Neil: "Um. Aren't we going back to Dr. Lester's?" Ted: "We've made arrangements with a very good rehab center in Pasadena. I have great confidence in them." Neil: "Well, can Dr. Lester work out of there? I mean, you know, can he, um, can he oversee me?" Ted: "I'm not sure Graham Lester has your best interests at heart, Neil." Neil: "Uh, he's my shrink. He knows me." Ted: "He also knows Richard Cross." Neil: "So?" Chris: "Neil, we aren't sure why Cross put up your bail and we don't know the extent of his connection to Graham Lester." Ted: "I'd just as soon limit the imponderables." Neil: "All right. Wait a minute. I know you guys are looking out for me, okay? But Graham Lester's the one who's been keeping me in one piece." He is getting more and more upset and anxious. Ted: "All due respect, you're still addicted to drugs and alcohol. I'm not impressed with his work." Neil: "Well, I failed, Ted. Okay? Me, not him. Maybe you don't know what it's like going to a shrink. Okay, but it takes time. It takes time to get to know each other and to have trust. Oh, man. I'm in for the fight of my life. I can't take all that to a stranger. I can't start over now." Begins crying. "Teddy, please. Please!" Ted: "It's okay, Neil. We'll give Lester another shot." Chris to the limo driver: "Let's head back out to Santa Monica." Next scene: Ted's office. Gary Blondo is waiting for Ted to arrive, the following morning. Ted enters. Ted: "I left my daughter at breakfast. This better be good." Blondo: "Yeah, your client, Neil Avedon, is pounding on my door at two in the morning last night. He wakes my wife, he scares my kids, he sets off the alarm. I grabbed a handgun I got during the riots. I nearly blew his head off." Ted: "You sure it was Neil?" Blondo: "Twenty minutes I'm trying to calm him down by the pool. I'm telling you Teddy, he's crazy." Ted: "You're going to have to be more specific, Gary. What happened?" Blondo: "He's asking me about Jessica Costello. Did I do Jessica Costello? Is he crazy? A fifteen-year-old girl, for God's sake! With my wife in the bedroom upstairs. She's got ears like a bat. He's asking me this!" Ted: "And how did you answer him?" Blondo: "Come on, I admit to liking the women. Women, not children." Ted: "I understand from some quarters that the Costello girl looked mature for her age." Blondo: "I wouldn't know. I never met her." Ted: "I see. Then you have no idea why Neil came to you with these baseless questions?" Blondo: "Other than he's nuts? Between you and me I'd have gone straight to the police on this. But it so happens that my studio is about to release a seventy million dollar picture starring Neil Avedon and I didn't think that plan of attack would help the grosses." Ted: "You made a wise choice. I'll speak to my client." Blondo: "Please. I, I, I don't want him near my family again." Ted: "You won't have any more trouble with him. You have my word." Opens the door for Blondo to leave. Sydney: "Good morning, Mr. Hoffman." Ted nods. Ted: "Louis, anybody wants me, I'll be at Graham Lester's." Next scene: Graham Lester's rehab facility in Santa Monica. Lester's office. Lester: "Mr. Hoffman. Nice to see you again." Ted: "Can I credit you with baseline competence? Do you know Neil was off- grounds last night?" Lester: "I do. And I've taken steps to prevent a recurrence. On the other hand, Mr. Hoffman, this is not a prison. This is a care facility." Ted: "With no lock-down." Lester: "That's correct." Ted looking out the window: "My God. The continent tilts. Every quack with a diploma rolls out here and gets an ocean view." Lester: "On the off chance that you're myopic, Mr. Hoffman, let me acquaint you with my wall hangings. I am board certified by both the American Colleges of Internal Medicine and of Psychiatry. I am a teaching clinical professor at the University of... " Ted interrupts: "And I can name five popes who killed people. Neil's first field trip is to Gary Blondo's at two a.m. What riled him, doctor?" Lester: "Anything Neil and I may have discussed is privileged information." Ted: "You told him about Jessica's diary. Richard Cross told you. You laid it out for Neil." Lester: "You're delusional." Ted: "Richard Cross to you to Neil." Lester: "You know, there's a clinical name for this level of paranoia." Ted: "Yeah? Well we're both lucky that Neil harassed a man who can't afford to go to the police or he'd be back in jail right now." There's a knock at the door. Neil enters. Lester: "Hey, Teddy." Ted: "Drop back in to refuel?" Neil: "I'm sorry. I screwed up." Lester: "Well the good news is that Neil came to me this morning and told me that he'd gone out last night." Ted: "And that would be what, progress?" Neil: "I didn't do any drugs, Ted. I'm clean. I just couldn't sit in my room while someone's trying to pin a murder on me." Ted: "Yeah well you hired me to deal with that! And this kind of stuff does not make my job easy, Neil, at all." Lester: "You know, Neil and I have been discussing these very issues. Trust, knowing when you have an ally, letting them do their job." Ted: "You got away with this one, Neil. It happens again, they throw away the key." Ted starts to walk away. Neil: "I'll be good. I swear." Ted leaves. Next, in Judge Owen Harris' chambers. He has both counsels there to discuss the Defendant's prospective job offer. Judge: "I called this meeting because I want to hear more about this job offer your client's received." Arnold: "The Hamilton-Pierpont Group, which is a highly-regarded investment house, has offered Mr. Galbraith a position and salary of three hundred thousand dollars per year. Ninety percent of which he will pay as restitution to his victims." Deputy: "This predator working in an investment house? Maybe the rapist I just convicted should do his time counseling girls at a sleep-away camp?" Arnold: "Mr. Galbraith will not be handling funds or be directly involved in the transaction side. His sole function will be as a market analyst." Lisa: "The important thing here, your honor, is that he will be able to pay these people something." Arnold: "I spoke to the CEO of Hamilton-Pierpont this morning. They're so eager to have Mr. Galbraith's expertise on board, they'll match his restitution payments, dollar for dollar." Deputy: "Your honor, are we forgetting that a serious crime has been committed here?" Judge: "No. But in our zeal to see that this crime doesn't go unpunished, I don't want the victims to be punished any more than they already have been. Now, let's see if you can work out a plea here that will benefit everyone." The counsels leave to try and hammer out a deal. Later on, Arnold returns to speak with the deputy district attorney. Arnold: "No deal, Julio. We don't think you've made your case and our client has made a very real show at contrition that's going to weigh heavily with the jury." Deputy: "You know what the jury's going to think? On what? Examining the entrails of pigeons? I might be able to get you five. But I'll have to go to Miriam Grasso." Arnold: "Who knows if there'll still be a job for him in five years." Deputy: "I'm not as confident about this job as you are. How do I know he won't slip and all this restitution ends up on ten the hard way?" Arnold: "Think we'd accept some provisions to probation." Deputy: "I don't want to hear that word again, Arnold. He's got to do time." Back at the firm, Chris, Justine and Ted are discussing Jessica's diary. Justine hands both of them the copies she has made. She has marked many of the encounters with specific men with colored tabs. Justine: "Hard to believe, fifteen-years-old, over twenty men and that's just LA." Chris: "When I was her age I was still trying to negotiate my hand under Tina Gluckstern's bra strap." Justine: "You ever succeed?" Ted: "The red tabs are Neil?" Justine: "Over a dozen sexual encounters with Jessica. Explaining that away is not going to be a walk in the park." Chris: "The good news is that there's nothing kinky or coerced. Grasso's going to make the argument that this thing is hearsay." Ted: "Grasso may never see it." Chris: "But we have to submit this to the other side. Reciprocal discovery." Ted: "We only have to submit it if we use it as evidence and I'm not sure I want to or can." Justine: "If our graphologist authenticates the diary, that and an affidavit from the sister should be enough to get it admitted." Chris: "This is going to hurt Neil. I mean, he's in there. But so are a whole slew of other men who have a lot more motive to kill her. That's reasonable doubt, Ted." Ted: "Either of you noticed the only two guys mentioned with whom young Jessica didn't have sex?" Justine: "Richard Cross." Ted: "And Graham Lester." Chris sighs: "Well, they're either saints, homos, or something's out of whack." Justine: "Well they're not saints." Ted: "I don't want to let this thing out until we understand exactly what's going on." Chris and Justine both nod in agreement. Ted and Annie at home, with a late-night supper. Annie: "Joyce Levine called me. She said every married man on the west side is in a panic over a diary Jessica Costello kept." Ted: "I thought you didn't want to talk about this stuff." Annie: "I don't, but everybody else wants to talk about nothing else but." Ted: "Well, all I can tell you about this diary is that if it authenticates, and I think it will, there'll be a lot of sweaty palms on the west side." Annie: "Good, they deserve it." Ted: "They may deserve it but Neil's the one charged with murder." Annie: "Under the circumstances, I'm having a hard time generating a lot of sympathy for him." Ted: "Dave Blalock always says if you leave a guilty suspect alone in an interrogation room, he falls asleep. But if he's innocent, he bounces off the walls. Neil Avedon is bouncing off the walls." Annie: "Maybe Neil Avedon is bouncing off the walls because he's a drunk and a coke head." Ted: "Meaning you don't buy the theory." Annie: "Here's my theory, Ted. It doesn't matter if it was Neil Avedon who killed that girl or Richard Cross or Frosty the Snowman. She was a fifteen- year-old child. They plied her with drugs in return for sex. And when I talk about it, it makes me so angry I want to kill every single one of them." Ted: "I understand." Annie: "No, you don't and don't patronize me." Ted: "I'm not. I just don't like coming home and getting lectured sideways on why I shouldn't be representing Neil Avedon." Annie: "I'm not saying you shouldn't represent him." Ted: "Maybe not in so many words but in fact it's what you mean." Annie: "Ted, try to think for a minute like a parent instead of a lawyer. Neil Avedon's your worst nightmare. He's sexy, he's compelling and every young girl under the age of twenty-five, including your daughter, thinks he's no worse than a cute little bad boy they can take home and mother. No one wants to admit he's a drug-addicted sociopath capable of murder. So if you want to represent him, be my guest. But don't try and sell me the party line that he's some poor misunderstood kid who never got a break. 'Cause as far as I'm concerned he's guilty of murder whether he actually strangled her or not." Back in Judge Harris' chambers. Both counsels are discussing their plea discussions with the judge. Deputy: "The idea of probation is absolutely offensive." Judge: "You'll get your turn, Mr. Salazar. Let him finish." Arnold: "Further, Mr. Galbraith will agree to a monitored house arrest when not working and would wear an electronic ankle transmitter." Deputy: "What kind of a message does this send? After what the Defendant has done he should be made an example of as a deterrent. The People are opposed to anything less than two years." Judge: "Let's leave the People out of this for a moment, Mr. Salazar. Try to put yourself thirty years down the road to a time when your yuppie income stream has shriveled up, along with every other part of your body. Now if you meditate on those realities for a moment, I think the People will see the wisdom of a sentence like the one Mr. Spivak proposes." Later, Arnold, Lisa and Mr. Galbraith exit the elevator at the parking level to go to their cars. Galbraith: "Again, I can't thank you enough and not only am I going to pay the money I owe the firm ASAP, which you've been very patient about, by the way, I don't want you to be shy about coming to me for financial advice free of charge. If you get in on the ground floor of some of the opportunities out there... " They see a man coming towards them with a gun. It is one of Mr. Galbraith's former clients, Mr. Carter. Carter: "I brought this with me every day thinking if justice was not done in that courtroom, I'd handle it myself. Well justice was not done." Arnold: "Sir, you don't want to do this. Give me the gun." Reaches for the gun. Carter: "Get away! You stole everything we had. My wife, so scared of being old and not able to pay her way. It killed her. What's the price you have to pay for that? Not being able to go out to restaurants for a while." Galbraith: "Mr. Carter, please." Carter: "I've heard enough words! From you. From your lawyers. When you look back, do you think you're going to be proud of what you did in that courtroom? Making yourselves a little richer by helping this kind of man get away with what he did? And calling it justice? There was a time when you were judged by the way you lived and not by the words you could string together. But none of you would understand that." He looks down at the gun in his hand and lowers it down to his side. "That's why I'm not going to blow your head off. Galbraith lets out a deep sigh of relief. "You're not worth ruining the good name it took me a lifetime to earn." He spits at them. "Shame on all of you." He turns and walks away from them. Back at the firm, Louis is standing vigil by Ted's door. A young woman is sitting inside as Ted walks up to speak with Louis. Ted: "Louis?" Louis: "A Melissa, no last name. She was sitting there when I got back from the copy machine. I don't know how she got in but she says she isn't moving, so I'm not." Ted: "Miss, is there any reason why you didn't set an appointment like everyone else?" Griotte: "I was afraid that you wouldn't see me." Ted: "I may not. Why are you here?" Griotte: "Neil Avedon. I know something about his case. But I can't get in to see him." Ted: "Thanks, Louis. I'll buzz you if I need anything." Louis shuts the door. "I'll need your last name and some background before I can put you on any visitors list at the jail." Griotte: "Melissa Griotte. Neil will know me. We're, um, friends." Ted: "Friends of what nature, Melissa?" She hesitates. "Anything you say to him, you can say to me." Griotte: "We sleep together. Nothing monogamous but we, um, we matter to each other. We kind of go in phases. All week I've been watching what they're saying about him on the news. The, um, the murder, the violent nature, and I can't ignore it any more." Ted: "Ignore what?" Griotte: "This girl, this, uh, Jessica Costello, she was strangled to death, right?" Ted: "That's correct." Griotte: "Well he tried to strangle me too, in bed. He, uh, said it would lead to a... " She laughs. "It's, uh, I'm embarrassed. ... To a better orgasm. It happened more than once." Ted: "And I'm to take your word based on your profound friendship with Mr. Avedon, is that it?" She takes a videotape out of her bag and walks over to Ted. Griotte: "Or you could look at this." Places the tape on his desk. "The last time we were together. Neil Avedon strangling me." Ted: "Do you make a practice of filming yourself having sexual intercourse?" Griotte: "Neil insisted. Look, I have gone through a lot of emotional trauma over what he's made me do and done to me." Ted: "Pain and suffering, I imagine." Griotte: "I've had to consult a few doctors." Ted: "My sympathies. I suggest you take this tape directly to the police." Griotte: "Excuse me? For a hundred thousand, I can lose this." Ted: "Videos can be doctored." Griotte: "Watch the tape, Mr. Hoffman, and then you tell me that." Clips from the videotape is shown. Neil and Griotte having sex and his hands are around her neck, choking her. [Tape] Griotte: "Mm-mmm, mm-mmm. No. Don't put your hand around my neck. It's too scary." [Tape] Neil: "I won't do it hard. Come on, trust me." She can be heard moaning. She coughs and continues to moan as he's choking her. [Tape] Griotte: "No, Neil, don't." [Tape] Neil: "Shhh. It's okay." She continues to moan, choking. "Yes." Tape ends. Griotte removes the tape from the vcr. Griotte: "I'll save you the suspense. I survived. A hundred thousand puts this in your private collection. Twelve hours, then it goes on the block." She leaves. Late at night at the firm's law library, Arnold and Lisa are still discussing the incident earlier in the garage with Mr. Carter and all the man had told them while pointing his gun at them. Arnold: "Naa, I just don't like it. When I see contempt in an old man's eyes when he looks at me, I don't like feeling he's right." Lisa: "Arnold, we got our guy the best deal we could. Last I heard, that's why Hoffman signs our checks." Arnold: "I got to be careful about being so goal-oriented and task-oriented that it takes an old man with herring breath and a broken heart to remind me my actions have consequences." Lisa: "Would his heart have been any less broken if Charles Galbraith had ended up in a prison cell instead of an ankle bracelet?" Arnold: "Lisa, you acknowledge no remorse or ambivalence about what we did today?" Lisa: "I acknowledge some remorse, sure I do." Ted enters. Ted: "Is this going on much longer?" Arnold: "Hi, Ted." Lisa: "Small postmortem on Galbraith." Ted: "I heard about your shared ambivalence." Lisa: "We got him a good deal, Ted." Ted: "I applaud the plea arrangement. It's the moral temperature-taking that isn't worth the light bill." Arnold: "Ted, I was simply saying as a matter of personal self-awareness I need to avoid tunnel vision." Ted: "Don't get addicted to remorse. It's contemptible in a lawyer. The world does not revolve around you. Your behavior is not its moral center. Someday someone may sit in judgment on this legal system and say it could have been fairer or more compassionate or more responsive to social need. Maybe it'll be me, but not while I'm a criminal defense lawyer. While I'm a lawyer I'm going to defend my clients because it's the job I chose. And I choose to believe, which may be self-deceiving, that the only system worse than this one, is every other one I've ever studied. What I'm not going to do is be a lawyer by day and then scratch the scabs on my conscience by pretending to be a moral pathfinder by night. I don't know if Charles Galbraith got what's coming to him. If he didn't, maybe he'll get prostate cancer and that'll even the score. I don't know if this kid I'm defending is guilty or innocent. And I don't need to know to do my job. That's all we are here to do. And if we do it right, that's enough." Arnold: "See, that's where I have to jump in with a possible disagreement." Ted interrupts: "Make yourselves a promise. Every time you want to have one of these conversations, find a defendant who can't afford us. Work for him pro bono. That's electricity I don't mind paying for." He leaves them to think about what he's just said. [End titles] Steven Bochco Productions 20th Century Fox Television, a News Corporation Company Supervising Associate Producer: Gigi Coello-Bannon Associate Producer: Chad Savage Casting in New York: Alexa L. Fogel, C.S.A. Co-Starring: Markus Redmond as Mark Washington Claire Jacobs as Reporter #1 F.J. Rio as Reporter #2 Leslie Ishii as Reporter #3 Director of Photography: Aaron E. Schneider Production Designer: Paul Eads Edited by Lance Luckey Unit Production Manager: Patrick McKee First Assistant Director: Scott Printz Second Assistant Director: Brian Faul Costume Designer: Brad R. Loman Legal Consultant: Howard Weitzman Technical Advisor: David J. Gascon Production Coordinator: Nancy Wilkerson Costume Supervisor: Debra Beebe Make-Up Artists: Norman Page, Jim Scribner Hairstylists: Paulette Pennington, Anthony Wilson Continuity Supervisor: Sonny Filippini Camera Operator: David Boyd First Assistant Camera: Brian LeGrady Gaffer: Mark Vuille Key Grip: Harry L. Rez 2nd 2nd Assistant Director: Andy Spilkoman Technical Consultant: Debra Carrillo Production Sound Mixer: Susan Moore-Chong, C.A.S. Supervising Sound Editor: Dave Weathers Music Editor: Patty McGettigan Background A.D.R.: Superloopers Re-recording Mixers: Robert L. Appere, Ken Burton Set Decorator: Mary Ann Biddle Set Designer: Mindy Roffman Lead Person: Randy Bostic Property Master: Jerry Moss Location Manager: John Armstrong Script Coordinator: Michael Norell Casting Associate: Libby Goldstein Construction Coordinator: Pete Lawrence Transportation Coordinator: Norm Benson Assistant Production Coordinator: Ann M. Kaiser Post Production Coordinators: Laina Mumbrue, Jamal A. Swinton Production Accountant: Candace Montgomery-Lira Asst. to Steven Bochco: Barbara Kroells Asst. to Charles H. Eglee: Marian Devney Asst. to Fogle/Buckland: Karin Londgren Asst. to Donahue/Neigher: Holly Baker EPR (R) Telecine and Electronic Assembly by Encore Video Inc. Telecine Colorist: Steve Porter Re-recorded at Sony Pictures Studios Post Production Sound Editorial by Miles of Fun Sound Presented in Dolby Surround Lenses & Panaflex (R) camera by Panavision (R) Copyright (c) 1995 Steven Bochco Productions #7103 All Rights Reserved Steven Bochco Productions is the author of this motion picture for purposes of copyright and other laws. (AMPTP) Color by Foto-Kem Laboratory (R) The events and characters depicted in this photoplay are fictitious. Any similarity to actual persons, living or dead, or to actual events is purely coincidental. Ownership of this motion picture is protected by copyright and other applicable laws, and any unauthorized duplication, distribution or exhibition of this motion picture could result in criminal prosecution as well as civil liability.