Murder One

Season One - Chapter Five

U.S. air date: October 19, 1995

(Complete transcript) - [Final version]

[**NOTE: The credits listed have been completed thanks to Toni Korhonen.]

=======================================================================
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.
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"Previously on MURDER ONE"

Clip from Neil's polygraph.

Examiner: "Did you murder Jessica Costello?"

Neil: "On my mother's life. No."

Clip from Neil's first viewing of the Griotte tape.

Chris: "You said you didn't choke Melissa Griotte during sex."

Neil: "I didn't." Clip of the tape. "God help me, I don't remember any
of it."

Clip from Deadline: America' interview with Ted.

Dahlgren: "We're going to run the Avedon tape over six nights. What a
beast, that boy is."

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."

Nichols: "I was with him last Wednesday night when he went to that girl's
apartment."

Clip of Ray Velacek waiting to hear the outcome of the charges against him.

Ray: "What'd they say?"

Ted: "They'll reinstate you but only if you agree to retire."

Ray: "Being a cop, it's a habit."

Ted: "It's a habit you can break."

Clip of Ted and Cross' chat.

Cross: "About Francesca, I just want to thank you. It will elevate the
level of discourse."

Ted: "I think she has a good soul."

Cross: "And I am evil incarnate?"

Ted: "Are you?"

Clip of Neil and Chris at the Hiltz Clinic.

Chris: "People here are going to kick your butt to get you straight. You're
not going to like it. But when you leave here you're going to be clean and
sober. Maybe find out who you are."

Neil: "And what if I find out who I am is the guy that killed Jessica
Costello?"

CHAPTER FIVE

Law TV with Dean Crowley.

Crowley: "Here in Los Angeles, the preliminary hearing in the Goldilocks
Murder case is about to get under way. Charged with the slaying is film
star, Neil Avedon, who will be bound over for trial if the prosecution can
demonstrate a reasonable suspicion he killed Jessica Costello. Joining me
now is legal expert, Dana Benson. Dana, I understand that the judge has to
rule on the prosecution motion before the preliminary hearing can begin." 

Benson: "That's correct, Dean. Neil Avedon has been in a drug and alcohol
rehab facility for the last twenty-one days as a condition of bail. Now
that he's been released the prosecution will want to take another shot in
front of a different judge at revoking bail."

Crowley: "Some of our callers have wondered why this case is clipping along
at such a fast pace. Is the State rushing to judgment here?"

Benson: "Actually it's the Defense that's accelerating the pace and I have
to say if Neil Avedon were my client I'd be doing the same thing."

Crowley: "Why?"

Benson: "He's been through rehab. He's sober. He's got a flourishing film
career. The quicker his attorneys can get this preliminary hearing over
with and go to trial, the better."

Crowley: "All right. Thanks very much, Dana. Judge Alexander has begun the
proceedings. Let's join them now, in progress." Someone shuts off the tv
set.

In court, Judge Alexander presides over the preliminary hearing. Chris
speaks for the defense, Grasso for the prosecution.

Chris: "And as you can see from the report submitted to the court Mr.
Avedon has successfully completed his rehabilitation program."

Grasso: "Your honor. Just because the Defendant has been awarded a plastic
chip doesn't mean he's not a danger to the community."

Chris: "Cutting through the People's sarcasm that is exactly what the
report means, your honor."

Judge: "I don't agree. And frankly, with all due respect to my colleague
Judge Harrigan, if it had been my call, Mr. Avedon would not have been
granted bail in the first place."

Chris: "Your honor.. "

Judge, interrupts him: "I know that we live in an enlightened age, Mr.
Dochnovitch, but just because your client acknowledges being a dope addict
doesn't make him a pillar of the community."

Chris: "You honor, if you revoke bail, at this juncture, the net effect
would be to punish Mr. Avedon for getting sober."

Judge: "Counsel, your client is being charged with homicide. I'm getting
him off the streets and in custody where he belongs. Bail is hereby revoked.
Court is in recess until two o'clock. Bailiff, take him into custody."

Ted: "You all right?"

Neil: "I'm okay. I'm not going to worry about what I can't control."

Ted: "Atta boy."

Neil: "But I do need one favor. I want to see Julie Costello."

Ted: "That's not a good idea, Neil."

Neil: "Teddy, I caused her a lot of grief. Okay, I've got to make that
amend."

Chris: "Except `when to do so would cause further injury,' now isn't that
the part of Step 9 you're leaving out?"

Neil: "Hey, Chris. You're not my sponsor. You're not my higher power.
You're my lawyer."

Chris: "You want to take Julie through a laundry list of all the bad things
you did to her little sister, short of killing her. Now who's that for,
Neil?"

Neil: "Right. I'm also supposed to continue taking personal inventory and
when I'm wrong, promptly admit it. You're right. Thank you." Shakes hands
with Chris and Ted.

Bailiff: "Let's go, Mr. Avedon." Takes Neil into custody and leads him
away.

Ted: "Somebody say amen."

[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:
Joe Spano as Raymond Velacek
Markus Redmond as Mark Washington
Bobbie Phillips as Julie Costello
Roy Brocksmith as Dr. Elliott Matheson
James Avery as Judge John Alexander
Warren Frost as Judge Neil Platner
David Zabel as Stuart Lipson
John Pleshette as Gary Blondo
Dean Norris as Rusty Arnold
Ned Vaughn as Dean Crowley
Deborah May as Dana Benson
Billy Jayne as Billy McBride
Maury Ginsberg as Jonathan Miller
Gina Gallego as Dr. Gina Sanchez
Adam Scott as Sydney Schneider
Victor Raider-Wexler as Dr. Cohen

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 Charles D. Holland
Directed by Nancy Savoca
------------------------

Opening scene, morning staff meeting.

Ted: "Let's go folks."

Arnold: "Filed a writ of habeas corpus on Shabazz this morning. Should
hear end of the week."

Lisa: "And we've gotten a letter from an attorney representing Philip
Sneller."

Chris: "The agent?"

Lisa: "The very same. He's threatening to sue for emotional distress,
invasion of privacy, blah-blah-blah, if Dave Blalock keeps calling him
about Jessica's diary."

Ted: "He must really not want to talk about why he's mentioned in there.
I'll start having Dave call him twice a day from now on."

Arnold: "We filed a discovery request for lab analysis on hair found at
the Havenhurst Apartments but, you know, the DA's dragging her feet."

Ted: "Which means she's not using it in prelim. But let's flag that"
Arnold tells Sydney Schneider to make a note of it. "That could be smoke.
We don't want to get burned. Justine, where are we on the Jonathan Miller
case?"

Justine: "We waived jury and prosecution stuck to a court trial. We start
today."

Ted: "Any chance of a deal?"

Justine: "So far the deputy DA hasn't budged. But I'll give take another
run at him."

Ted: "Give it your best shot. I know the family. This has been a nightmare
for them."

Chris: "Prosecution's really going for a hate crime enhancement on this?"

Justine: "Yep."

Chris: "Aren't both kids Jewish?"

Justine: "Yes but they have a case. Co-defendant turned State's evidence.
He'll corroborate the attack was anti-Semitic."

Ted: "Did we get any help from the psychological evaluation?"

Justine: "Two psychologists and a psychiatrist say he's competent. So he
checks out medically."

Ted: "You wonder how this kind of thing happens. Keep me in the loop on
this, okay? Anything else? We're out of here."

At the courthouse, Justine and deputy DA Mark Washington are discussing
the hate crime case.

Justine: "Let's forget for a moment the apparent illogic of a hate crime
being committed by someone of the ethnicity, my kid doesn't have any
priors."

Washington: "Ah, but look at the pattern of behavior. He paints a swastika
on the frat house room door, charges are dropped. Threatening phone calls.
Sends hate mail. It's gotta stop here."

Justine: "Battery."

Washington: "No way."

Justine: "Oh come on, Mark. Let us plead to misdemeanor battery. You get
your conviction. He gets a year at county, does six months and he goes
into counseling where he belongs."

Washington: "Hear me, Justine. I'm going for the full shot because that's
what Jonathan Miller deserves. And I think the judge will agree."

Justine: "This enhancement's due is double the time he's going to spend
in prison where he's not going to learn a whole hell of a lot about the
brotherhood of man. Why does that make no sense to me? "

Washington: "Maybe because I have a little more insight into these kinds
of hate crimes than you do."

Justine: "Oh Mark, don't make this about your being black."

Washington: "Hey, anybody ever put a rock through your window for being
blonde?" Justine walks away. "See you in court."

In court, Stuart Lipson, the victim in the hate crime, is on the witness
stand, Judge Neil Plather presiding.

Lipson: "I was on my way back from my girlfriend's dorm when this car
pulled up in front of the frat house. Jonathan and this other guy got
out and came after me."

Washington: "Did you do or say anything to provoke them?"

Lipson: "Nothing. Jonathan started shouting names at me."

Washington: "Then what happened?"

Lipson: "Then they chased me and Jonathan jumped me from behind and
started waling on me."

Washington: "Did you sustain any injuries in this attack?"

Lipson: "A broken nose and a dislocated shoulder."

Washington: "How did you meet the Defendant, initially?"

Lipson: "He rushed Chi Theta the year before. I was president of the
chapter. He didn't exactly fit in."

Washington: "Can you be more specific?"

Lipson: "At the rush dance we got complaints from a few of our female
guests about inappropriate behavior. He groped them basically."

Justine interrupts: "Objection. Hearsay."

Judge: "Sustained."

Washington: "What about the other individual who attacked you? Ever seen
him before?"

Lipson: "Never."

Washington: "When the Defendant attacked you did he give any explanation
for his actions?"

Lipson: "He said that I deserved to be beaten until blood ran out my ears,
because I was a Jew." The Defendant laughs.

Washington: "Were those his exact words?"

Lipson: "He used the word `kike'."

Washington: "Was this the first time he'd expressed anti-Semitic to you?"

Lipson: "No. After he was turned down he started calling me, leaving hate
messages. I finally had to change my number."

Washington: "Did he leave you alone after that?"

Lipson: "No. He started sending me stuff in the mail."

Washington: "Your honor, I have a letter here written by the Defendant.
May I approach the witness? Do you recognize this letter, Mr. Lipson?"

Lipson: "That's one of the letters he sent me."

Washington: "Your honor, I'd like to enter this as People's Exhibit `3'.
Would you please read the last paragraph of the letter, Mr. Lipson?"

Justine: "Objection, your honor. No foundation."

Lipson: "Counsel knows the handwriting has been authenticated by a
graphologist as the Defendant's."

Judge: "I'll admit it. Subject to strike. Go ahead."

Lipson, reads: "`Izzy, Ikey, Jakey, Sam. You're the boys that don't eat ham.
Matzo and gefilte fish are your favorite dinner dish. The world would be a
better place if Adolph's crew had finished the job that they started. Gei
gesundte hate. Jonathan Miller.' Gei gesundte hate is Yiddish for `go and
be healthy.' I guess he was being ironic."

Washington: "Nothing further."

Back to Neil's prelim. The coroner is on the witness stand.

Grasso: "Dr. Matheson, have you been able to establish an estimated time
of death?"

Matheson: "Yes. Jessica Costello died between the hours of 10 p.m. and
3 a.m. on the night in question."

Grasso: "And based upon your autopsy findings would you please tell the
court what was the manner of that death?"

Matheson: "Homicide."

Grasso: "And the mechanism and cause of that homicide?"

Matheson: "Asphyxiation due to strangulation."

Grasso: "How can you be so sure that asphyxiation wasn't caused by say
choking on a piece of food?"

Matheson: "This was a violent, manual strangulation. As noted in my protocol,
the hyoid bone which is located at the base of the tongue was fractured."

Grasso: "You said `manually.' How can you be so certain?"

Matheson: "There were obvious finger and thumb marks on the neck. In a
ligature strangulation bruises left by a cord or stocking form a straight
line."

Grasso: "Doctor, other than your toxicological findings did you find any
other foreign substance in the body of Jessica Costello?"

Matheson: "Yes. A vaginal swab revealed the presence of semen."

Grasso: "And did you turn that swab over to SID?"

Matheson: "Yes."

Grasso: "Thank you, doctor. That's all. Your witness."

Ted: "You're aware, are you not, that Jessica Costello's body was discovered
approximately 7:30 a.m.?"

Matheson: "That's my understanding, yes."

Ted: "Can you state the precise moment Jessica Costello died?"

Matheson: "I cannot."

Ted: "Could any doctor or forensic scientist?"

Matheson: "No."

Ted: "Why is that?"

Matheson: "Unless it is witnessed it is impossible to establish the exact
time of someone's death. The best we can do is give a reasonable estimate
based on analysis of the postmortem changes."

Ted: "And you've established Ms. Costello's time of death within a five-
hour window. Is that correct?"

Matheson: "Yes."

Ted: "In your report you stated that the act of sexual intercourse, alluded
to previously, occurred prior to the time of death. Is that correct?"

Matheson: "That was my finding, yes."

Ted: "Then it's possible that the act of intercourse and Jessica's death
could have occurred, by your own estimation, five hours apart. Right?"

Matheson: "It's possible."

Ted: "So if I told you hypothetically that Mr. Avedon had sex with Jessica
at 10 p.m. and she was murdered at 3 a.m., you couldn't disprove that,
could you?"

Matheson: "No."

Ted: "And if I told you hypothetically that Neil Avedon was in Chicago by
the time Jessica Costello met her death, you couldn't disprove that either,
could you?"

Matheson: "Well, when you put it that way... "

Ted: "That's exactly the way I'm putting it, doctor."

Matheson: "No. I couldn't."

Ted: "No further questions."

Back to the hate crime case. Mr. McBride, the co-defendant who has turned
State's evidence, is on the witness stand.

Washington: "Mr. McBride, did the Defendant ask you to accompany him to the
Chi Theta house in Westwood?"

McBride: "Yeah."

Washington: "Did he say why?"

McBride: "Uh, Johnny said he to kick the crap out of this kid for being a
Jew. Could I come along, in case he needed back-up if his buddies showed
up."

Washington: "What happened when you arrived at the fraternity house?"

McBride: "Well, we sat in the car drinking beer until the guy got there
and then, uh, Johnny was out of the car like a shot, swarming."

Washington: "You also participated in the assault, did you not?"

McBride: "Yeah but this was Johnny's beef for sure. I held him down while
he stomped him."

Washington: "Did the Defendant say anything to Stuart Lipson as he kicked
and beat him?"

McBride: "He called him a kike, uh, bunch of other stuff along the same
lines."

Washington: "Your witness."

Justine: "You've received immunity from prosecution for your role in this
attack in exchange for your testimony, isn't that correct?"

McBride: "Yeah."

Justine: "Did you meet with Mr. Washington to discuss your testimony here?"

McBride: "Yeah."

Justine: "How many times did you meet with Mr. Washington?"

McBride: "Three or four times."

Justine: "And he coached you on what to say, didn't he?"

McBride: "No. He just told me the kind of questions I'd have to answer and,
uh, he said all I had to do was tell the truth."

Justine: "I see. Tell me something, have you ever been convicted of a
felony, Mr. McBride?"

Washington: "Objection. The Defense is attempting to wrongly inflame your
passions, your honor."

Judge: "Overruled. Let me assure you, counsel, my passions are in check."

McBride: "Yeah."

Justine: "Is it true that you've been convicted twice, of felony assault
and battery?"

McBride: "Yeah, I'm the kind of guy that gets hassled a lot."

Justine: "Given your familiarity with violence, wasn't it your suggestion
to Jonathan Miller that he use his fists to settle things with Stuart
Lipson?"

McBride: "Look, like I said this was his deal. I was just along for the
ride."

Justine: "California has a Three-Strikes law. In light of your prior
convictions... "

Washington interrupts: "Objection. Calls for a legal conclusion."

Judge: "Overruled."

Justine continues: "... without immunity from prosecution, you could have
been looking at your third strike, couldn't you, Mr. McBride?"

McBride: "Look, I'm telling you the truth."

Justine: "Your honor, I asked the answer be stricken as unresponsive."

Judge: "So ordered. The witness is to answer the question."

Justine: "One more time, Mr. McBride. The choice was turn State's evidence
and testify against Jonathan Miller, or spend the rest of your life in
jail. Yes or no?"

McBride: "Yes."

Justine: "No further questions."

Next scene, Ted's office. Dave Blalock has news about Beverly Nichols.

Ted: "What do you know, Dave?"

Dave: "I know that Beverly Nichols' insanely jealous husband used to take
money to do three-somes with his wife."

Ted: "This comes from where?"

Dave: "A guy she hustled for owned an escort service. Said it that was the
john's wrinkle husband would take an extra C-note to go along."

Ted: "Will your guy go on record?"

Dave: "How about he's got a video of Beverly and her husband getting it on
with a john?"

Ted: "If that's true that pretty much blows Richard Cross' alibi all to
hell. When can we see the tape?"

Dave: "He's coming down from Sonoma. I'll meet him at the Deville Motel,
make sure it's right. The tape will be on your desk at 4 p.m."

Ted: "How expensive is this exercise in good citizenship?"

Dave: "Gratis. The guy owed me one."

Ted: "Must have been some favor."

Dave: "When you drop this on Polson about Cross' story being no good, ask
does he still think your Cross' boy. And get a Polaroid of his face for my
wallet."

Ted: "Davey, watch your back." Dave smiles and leaves.

Back to the preliminary hearing. Detective Polson is on the witness stand.

Grasso: "Would you tell the court, Detective Polson, what other probably
cause you had that led you to the Defendant for the murder of Jessica
Costello?"

Polson: "In an earlier interview he denied having sex with the victim on
the night of her death but a lab report later revealed the presence of his
semen inside her."

Grasso: "Would you elaborate, detective?"

Polson: "I directed the lab to compare the sample with one taken from Mr.
Avedon during a recent paternity suit. DNA typings revealed them to be
identical."

Grasso: "And did you inform the Defendant about the lab report?"

Polson: "I did."

Grasso: "And how did he respond?"

Polson: "He said he wanted a lawyer."

Grasso: "Thank you."

Ted: "You originally arrested Richard Cross for the crime, did you not?"

Polson: "Yes."

Ted: "And you wouldn't have arrested Mr. Cross unless you had probable
cause, correct?"

Polson: "Correct."

Ted: "Then tell us detective, if you were so wrong about Mr. Cross'
involvement, how can you expect the court to believe you're so right
about Neil Avedon?"

Polson: "We feel the evidence is compelling."

Ted: "Let's talk about evidence. Were there any independent witnesses to
the crime?"

Polson: "No."

Ted: "Any history of violence between Neil Avedon and Jessica Costello?"

Polson: "No."

Ted: "Let's get back to that earlier interview. You questioned Mr. Avedon
in September in connection with a drug arrest for which charges were later
dropped, correct?"

Polson: "That's right."

Ted: "Did you tell Mr. Avedon then that he could avoid prosecution if he
said Mr. Cross was in Jessica's apartment the night she died?"

Polson: "No I did not."

Ted: "Then help me out here, detective. Did my client pick Mr. Cross'
name out of a hat?"

Polson: "Richard Cross was a suspect. I knew they were friends. I pointed
out we'd appreciate anything Neil knew about the Costello murder."

Ted: "Didn't you tell Neil Avedon that if he could place Mr. Cross at the
apartment the night of Jessica Costello's murder you wouldn't file drug
charges?"

Polson: "No I did not."

Ted: "But when Beverly Nichols provided Richard Cross with an air-tight
alibi, you turned around and you arrested Neil Avedon. Didn't you?"

Polson: "I did."

Ted: "The closest target, isn't that right?"

Polson: "No. All the evidence points to a single perpetrator who knew the
victim and had rough sex with her prior to her murder. The Defendant is
the only one who fits that description."

Ted: "You had no description of the killer. You made that up, didn't you?"

Grasso: "Objection. Argumentative."

Judge: "Sustained."

Ted: "When criminologists lifted the semen sample from the dead girl, out
of all the men in LA, what made you look for a match with Neil Avedon's
DNA? A hunch? Or did you consult with psychics during your investigation?"

Polson: "I simply followed the evidence."

Ted: "The way you followed it on Richard Cross."

Grasso: "Objection."

Ted: "I'm done here, your honor."

Next scene, Hoffman and Associates Law Firm.

Sydney: "Mr. Hoffman?"

Ted: "Sydney. Getting your bearings all right around here?"

Sydney: "Yes sir. Everyone's been really nice. And this is for you. It's a
summary of the judge's decisions that were reversed on evidentiary rulings.
I thought, maybe, it could be helpful, possibly."

Ted: "I look forward to reading it."

Louis to Ted: "He still hasn't called in."

Ted to Sydney: "Give my regards to your folks." Walks to his office with
Arnold trailing him in.

Arnold: "Ted, just so you know, the buzz going around is this firm and
everyone in it is owned by Richard Cross."

Ted: "I wouldn't pay attention to any of that kind of talk if I were you,
Arnold."

Arnold: "It's going to soften our collective integrity. I'm working out
at lunch, okay, and this idiot litigator on the treadmill next to me
starts in with this routine. Let me tell you it got pretty intense in
the cardiovascular section. I came this close to popping the guy."

Ted: "Arnold, this town's like a bucket of crabs. You make it to the top
of the pile and there's somebody underneath trying to pull you down. Let
it go."

Louis: "Dave Blalock returning your page." Arnold and Louis leave. Ted
picks up the phone.

Ted: "Davey, have you got the tape? Then why did he miss the second plane?
This is no good, Davey. No, I'm not looking to hire him as a pilot. I'm
also not looking to see you in some kind of jackpot. Davey, this guy
wouldn't be looking to hurt you? Would he go up for auction? All right,
all right. You'll call me."

Once again, Neil's prelim. Closing statements.

Grasso: "Based on witnesses' testimony this is what we now know. Jessica
Costello died in her apartment between 10 p.m. and 3 a.m. The presence of
Mr. Avedon's semen proves that he lied to the police when he denied having
been there during that time. And Jessica was strangled either during or
after a sexual act. One of the Defendant's many disturbing predilections.
A trial to bring this man to justice is not only warranted but required
since the People have clearly established a reasonable suspicion that Mr.
Avedon is the person who committed this murder. Thank you, your honor."

Judge: "Counsel."

Ted: "This young man concealed having had sex with Jessica Costello
because she was underage. He was intimidated by police into regurgitating
a scenario force-fed to him involving Richard Cross, Detective Polson's
original candidate for this murder. When that didn't pan out and Mr. Cross
was released, Neil Avedon became a convenient scapegoat. But the creaky
scenario conjured up by the prosecution in no way leads to a reasonable
suspicion that Mr. Avedon had any part in her death. And therefore we
believe there is insufficient evidence to charge Mr. Avedon with this
crime. Thank you, your honor."

Judge: "I believed the People have established their burden. Mr. Avedon,
your case is bound over to the superior court."

Ted: "Your honor. I'd like to be reheard on the matter of bail."

Judge: "You can take that up with the trial judge as soon as one is
assigned. This hearing is concluded."

Ted, to Neil: "Hang in there."

Chris, to Neil: "As soon as we get a new judge we'll move to set bail
again." Bailiff escorts Neil out of the courtroom.

Ted, to Chris: "Has Davey beeped up back?" Chris checks his beeper and
shakes his head.

Chris: "Nothing."

Ted: "I'll see you back at the office."

Following scene: Ted goes to check on Dave Blalock at the Deville Motel,
room 44. He gets the manager to open the door for him.

Manager: "This is very irregular. I don't know about this." Ted knocks on
the door but there's no answer.

Ted: "Open it."

Manager: "What about the privacy sign?" Ted hands him some money. The man
unlocks the door. "I'll give you one quick peek."

Ted opens the door and finds the dead bodies of Freddie Carello and Dave
Blalock.

Manager: "Oh my God! Oh my God! I'm going to call the police!"

Ted: "Wait a minute."

Manager: "No, I must get back to my office. I have to report this."

Ted: "Come here! That's my card. You give that to the detectives when they
arrive."

Manager: "No, you're supposed to stay here."

Ted: "You give that to the detective." 

Manager leaves to call the police. Ted enters the room and knees near Dave. 

Ted: "Davey."

He removes the keys from Dave's  pocket and takes his office key. The
television is playing. Ted checks the vcr. There's no videotape. Ted then
goes to Dave Blalock's office, enters, sees various photographs of himself
with Dave. Ted listens to Dave's phone messages while searching through
some drawers.

Phone messages:



"Mr. Blalock? This is the Laurel Pet Clinic. Algonquin is ready to come
home now. Thank you."



"This is Dr. Scarborough's office. The doctor will need about an hour of
your time to take impressions for your new bridge. Please give us a call
if this fits into your schedule. The doctor will be away next month and
will have to change things around. Thank you."

Ted finds a photo of himself and Dave when they were fishing and continues
to look at it while listening to the messages.



"Dave, uh, Gary here. The arrangements have been made. I'm waiting on you
to give me the word."



[Gary Blondo] "Dave. Pick up the phone, Dave. Dave, is this guy a no-show
or a figment of your imagination?"



"Mr. Blalock, Bay City Properties again... " Ted fast-forwards the machine.



[Gary Blondo] "Got your message. Rusty'll be at that number. Call me if
there's a change."



(Machine) "Final message."



Next scene: the hate crime case. A doctor is on the witness stand.

Doctor: "In my evaluation of the Defendant I found him to be of above
average intelligence presenting symptoms of anxiety disorder which teachers
and family report have been ongoing since adolescence. Within the last two
years the patient had bouts of depression that were eventually externalized
as anti-social behavior consistent of which he's been charged."

Washington: "Is the Defendant able to tell right from wrong?"

Doctor: "Yes."

Washington: "Can you explain to the court how it's possible for a person
to be Jewish and at the same time anti-Semitic?"

Doctor: "Yes. Mr. Miller's grandfather was a concentration camp survivor.
Very often survivor guilt creates a generalized dissociative anxiety in the
family particularly among the offspring. The Defendant's parents responded
by spearheading a number of Jewish causes. They became prominent in the
Jewish community and beyond. This placed even more pressure on the Defendant
who is already despondent over his perceived inadequacies. He lashed out,
projecting his hatred onto anything Jewish." 

Washington: "In your opinion, was he gripped by an irresistible impulse,
making it impossible for him to restrain himself, from engaging in racist
attacks on innocent people?"

Justine: "Objection. Leading. Counsel's providing his own testimony."

Washington: "I'll rephrase. Can Jonathan freely choose what to do about
his feelings of prejudice and hatred?"

Doctor: "Yes. In my opinion, Jonathan is a mentally balanced individual
who can experience feelings without having to act on them."

Washington: "Your witness."

Justine: "In your experience, do people who hate themselves do self-
destructive things?"

Doctor: "It's very common."

Justine: "Then, doctor, how do you know that Jonathan's actions weren't
an attempt to punish or even destroy  himself? And that beating up Stuart
Lipson was the best way to accomplish that goal?"

Doctor: "Objection. Compound."

Judge: "Sustained. Ms. Appleton, let's not put too fine a point on this."

Justine: "It is the point, your honor. The purpose of hate crime
enhancement is to levy greater punishment on crimes targeted at minority
groups. If in fact my client did attack Stuart Lipson it was not out of
ethnic hatred. The only person Jonathan hates is himself. Therefore he
didn't have the requisite intent to commit a hate crime." The Defendant
interrupts Justine by beginning to sing, louder and louder, `Di di enu,
di di enu, di di enu, di enu, di enu' and rising to his feet. The bailiff
makes him sit again. "Jonathan!"

Judge: "Down, young man. You sit down or I'll hold you for contempt."

Washington, to Justine: "You have my sympathies. This guy ought to have
his head examined."

Back at Hoffman's firm. Ted returns from Blalock's office to find Detective
Polson waiting to speak to him.

Polson: "Counselor?"

Ted: "Let's go to my office." In Ted's office. "I knew where to look for
him because he told me where he'd be. He was late getting in touch with
me so I went to find him. The motel manager let me into his room. They
were both shot to death exactly as you found them. No sign of struggle,
no disarray."

Polson: "This other d.b. [dead body], Freddie Carello?"

Ted: "I never heard of him."

Polson: "Never heard of him."

Ted: "What's your next question?"

Polson: "He got popped a couple of times down here for pandering. So you
don't have any idea what Blalock was doing with this guy in a motel room?"

Ted: "How many times you gonna ask me that?"

Polson: "That's a `no'?" Ted just glares but doesn't respond. "Why didn't
you stay at the crime scene?"

Ted: "I had business to take care of."

Polson: "We found Blalock's apartment key on him but no office key. Had to
get the building manager to let us in. Is that where you were taking care
of business, Mr. Hoffman?"

Ted: "Are you accusing me of something?"

Polson: "Ah, perish the thought. He's hit point-blank. There's no sign of
struggle in the room. Occur to you Blalock might have known the shooter?"

Ted: "Makes sense."

Polson: "Did you have any knowledge of business he might have been doing
with Gary Blondo?"

Ted: "No. Why don't you go talk to Mr. Blondo."

Polson: "Yeah. We're gonna do that. Sorry for your loss." And he leaves
the office.

Next day, Ted's office. Louis takes Gary Blondo in to see Ted.

Louis: "He'll see you now."

Blondo, sighs: "What a thing, huh, Teddy?"

Ted: "What did you have to do with it?"

Blondo, laughs: "Are we bugged?"

Ted: "Davey Blalock was murdered. He was shot in the back of the head. What
did you have to do with it?"

Blondo: "I hope to God you know what I had to do with it. He told me he had
a line on proof to clear Neil. He said he needed a hundred thousand dollars
cash. I figured he was calling for you."

Ted: "You think I can't raise a hundred thousand dollars? You think I can't
call you on the phone?"

Blondo: "Whoa, whoa, whoa! What the hell is going on here? I figured you
wanted a little deniability in case you were questioned. Are you telling
me Blalock didn't come from you?"

Ted: "Who'd you send with the money, Gary? Who made the delivery?"

Blondo: "Rusty Arnold. He waited nine hours by a pay phone for Blalock's
call."

Ted: "And he brought the money to the motel?"

Blondo: "Yes and he dropped it off and then he left. Teddy, are you crazy?
Do you think I have anything to do with what happened? I've got a film to
open and a star who's in jail. Blalock tells me he's got a videotape that
gets Neil out."

Ted: "That's all he said to you?"

Blondo: "What else would he need to say, for God's sake? A, he comes
from you. B, I don't want to know what's on that tape. I'd like a little
deniability too. I gotta talk to the police."

Ted: "How about Rusty?"

Blondo: "Rusty's talking to them now."

Ted: "He's on your payroll or the studio's?"

Blondo: "The studio's. And also he's got fourteen years with the D.E.A. after
moving over from the F.B.I. Also a fourth level security clearance."

Ted: "Very impressive."

Blondo: "You're, you're not looking to saw the branch off behind me, are
you Teddy, saying you didn't know about this?"

Ted: "I had no idea you were involved"

Blondo: "Tell you the truth, I'll a little out of my depth. I'm not sure
what the hell's going on. That's where you jump in with reassurance?"

Ted: "I have to run a staff meeting, Gary. Louis will show you out."

Blondo: "Sure. Okay." And Ted leaves.

Back to the hate crime case.

Justine: "The Defense calls Dr. Gina Sanchez."

Washington: "Objection. Your honor, the People have had no opportunity
to examine this witness' background nor have we been provided with any
reports." Whispers to Justine, "What are you doing, Justine?"

Justine, to Washington: "You were the one who suggested I have his head
examined." To the court, "The report was provided to Mr. Washington. I
also attempted to discuss Dr. Sanchez's anticipated testimony with Mr.
Washington last night and early this morning. But he wouldn't return my
calls."

Judge: "Mr. Washington?"

Washington: "Your honor, I've been involved in another case and I dropped
the ball. However if you could grant a twenty-minute recess... "

Judge: "Next time return your phone calls and read your mail, Mr.
Washington. Go ahead, Ms. Appleton."

Justine: "Dr. Sanchez, what is your current position?"

Sanchez: "I'm Chief of Neurology at Westside Medical Center."

Justine: "Based on your examination of Jonathan yesterday afternoon, have
you formed an opinion as to whether or not Jonathan's violent behavior is
caused by a medical condition?"

Sanchez: "Yes. I had a series of MRI's taken that I'd like to use as
illustration."

Justine: "We ask that these be entered into evidence as Defense Exhibit
`E'."

Washington: "Objection. Lack of foundation."

Judge: "Overruled."

The MRI x-ray is placed on a light box.

Sanchez: "This is Jonathan Miller's brain. This mass is a grade-four
astrocytoma, an advanced malignant tumor. It's located in the left frontal
lobe."

Justine: "In your opinion, would the presence of that tumor influence or
alter Jonathan's behavior?"

Sanchez: "Absolutely. The brain's cognitive center which evaluates
information and forms appropriate behavioral responses is located in the
left frontal lobe. So is impulse control. Damage in this region would result
in the same type of paranoid, delusional, disinhibited behavior exhibited
by Mr. Miller."

Justine: "In other words, Jonathan would suffer delusions and have impulses
based on those delusions?"

Sanchez: "Correct."

Justine: "And no matter how wrong those delusional impulses were, would
Jonathan be able to resist them?"

Sanchez: "It's unlikely. It's also worth noting that this area affects
speech. So inappropriate verbal responses would be expected."

Justine: "In an individual who had had a troubled adolescence, with a
history of anxiety neurosis, is it possible that aggressive behavior
caused by the tumor could be misread as a more extreme version of acting
out?"

Sanchez: "Yes, that type of behavior profile could easily mask the tumor's
presence."

Justine: "If not removed, this tumor will kill him, won't it?"

Sanchez: "Eventually, yes."

Justine: "Is it operable?"

Sanchez: "Yes. And with his youth and physical condition, his chances of a
full recovery are very good."

Judge: "Counsel approach." To the court stenographer, "We won't need the 
recorder." To Washington, "Do the People understand this to be a death
penalty case because that's what it's turned into?"

Washington: "Well, if it's true."

Justine: "We've gotten a second opinion and you saw the MRI's yourself."

Judge: "Mr. Washington, the People have a motion?"

Washington: "I may catch hell for this but I'm going to do what I think is
right."

Judge: "Good. Step back. Mr. Washington, do you wish to make a motion at
this time?"

Washington: "Yes, your honor. In light of the Defendant's medical condition,
the People move to dismiss."

Judge: "Motion granted. Case ordered dismissed. Mr. Washington, I'm stating
for the record and for the benefit of your superiors, that you chose the
correct course of action here. Mr. Miller, good luck to you and your family.
This court is adjourned."

Washington: "Good job, Justine. Hope everything works out for your client."

Justine: "Thanks."

The Millers: "Let's go home, son. We can't thank you enough. I'm so
thrilled. Thanks. Thanks." The mother hugs Justine.

Justine, to Jonathan: "You okay?"

Jonathan: "Yeah, I guess. I'm kinda scared."

Justine: "You'll be fine. Dr. Sanchez is a good surgeon. Take care."

Next scene, a restaurant where Ted is meeting Ray Velacek at the bar.

Ted: "Thanks for meeting me, Ray."

Ray: "Who killed Davey?"

Ted: "I've got some ideas."

Ray: "I'd like to meet 'em." Finishes his drink.

Ted: "You want another one?"

Ray: "No."

Ted: "Will you do some work for me?"

Ray: "I owe you and I owe Davey. I'll do whatever you need."

Ted: "Eight o'clock from where you're looking, center of the room, Gary
Blondo and his security guy."

Ray: "Gary Blondo that makes movies?"

Ted: "Davey was looking into a lead in the Avedon case. Avedon's in Blondo's
new movie. Davey went to Blondo for a hundred grand. The security guy
delivered the money to Davey at the motel where he was killed."

Ray: "Is he the guy I want to meet?"

Ted: "Come on. I'll introduce you."

Blondo, to the busboy: "No, leave that. We're being joined." Ted and Ray
come up to the table. "Hey, Teddy! Uh-oh, Teddy. Who's jammed up today?"

Ted: "Pick a table, Gary."

Blondo: "You know Rusty Arnold?"

Ted: "I think we met a few times." They shake hands.

Rusty: "Hoffman."

Ted: "Gary Blondo, Rusty Arnold, this is Raymond Velacek." They also shake
hands.

Rusty: "You were an LA cop."

Ray: "Yeah. I'm retired."

Rusty: "I think I read about it."

Ted, to Blondo: "So how'd your conversations go?"

Blondo: "Teddy, I'll tell you, I was one hundred percent forthcoming. I
gather Rusty was too."

Rusty: "I'm awful sorry what happened to your guy. What else was he into?
Any drugs cases or anything?"

Ted: "Not that I'm aware of."

Rusty: "Was he, uh, exclusive to you?"

Ted: "Pretty much."

Rusty: "Yeah they asked me that. I, uh, didn't know what to tell 'em."

Blondo: "Keep me posted, Teddy. Any developments."

Ted: "Sure."

Blondo: "Good." To Ray, "Good to see you."

Ray: "Take care." To Ted, "Any idea who the empty chair was for?" As they
walk away from the table as Ted spots Richard Cross walking towards them.

Ted: "Walk away from me."

Cross: "Teddy."

Ted: "Now here's what makes you such a complicated person, Richard. You
walk in a few minutes ago. You see me. You head for the men's room so I
won't realize your Gary Blondo's lunch date. And all you've got to do is
stay in the men's room. But you can't do it. You peek out. You see me about
to leave. You gotta come out and let me see you. Like 90 percent of you
wants to be careful and 10 percent wants to tempt fate."

Cross: "You know, Teddy, in a life not short on mistakes, one I promised
myself I would never make was getting involved in the picture business."

Ted: "You're gonna break bread with Gary Blondo and let him talk you into
the picture business."

Cross: "That's why you're the smartest lawyer in town. Will you wish me
luck, Teddy?"

Ted: "Sure, Richard. Good luck."

Cross: "Even if I'm not very prudent?"

Ted: "Those are the people who need to stay lucky." Cross laughs and Ted
leaves.

Back in Ted's office.

Ted: "The second victim had relatives in Sonoma."

Ray: "Freddie Carello. I'll check it out."

Ted: "If you've got to buy them I want you to go up there." Louis knocks
and opens the door.

Louis: "Julie Costello."

Ted: "Just a second." Louis leaves. To Ray, "It opens at eight hundred
a week, Ray. With benefits."

Ray: "Good. That's good. I'll check in a couple of times a day and
whenever there's news." As he leaves the office, Julie enters.

Julie: "Thanks for seeing me."

Ted: "You all right?"

Julie: "No. I'm bumping into things. And I think I'm going to do."

Ted: "Why do you think that?"

Julie: "Why? My sister's dead. Your detective's dead. Was he working off
the diary I gave you?"

Ted: "Julie, you want some water, something to drink?"

Julie: "Not allowed. It exaggerates my medications. Which means I'd
probably fall off the building."

Ted: "What medications are you taking?"

Julie: "Dr. Lester's Happy Combo."

Ted: "You want my opinion of Dr. Lester? Best case, he's a quack."

Julie: "I lie there thinking that from about one in the morning until
Richard gets up."

Ted: "Then what happens?"

Julie: "Then he says it's part of my depression and it will end when I see
Dr. Lester. I hate the way I feel. It's like there's a pillow on everything.
And I keep feeling that there's something really terrible going on. And I
can't see it through the pillow."

Ted: "Maybe there is something terrible going on."

Julie: "Maybe there is. Maybe there is."

Ted: "You want to get out of Richard's house? You want to get away from his
doctor?"

Julie: "I have to go, I'm sorry. This was a mistake." In tears, she leaves
the office. Ted rushes after her to the elevator.

Ted: "Julie, stop and talk to me."

Julie: "If Richard's as evil as you think he is, then I killed my sister."
She gets into the elevator.

Ted: "Julie... "

Julie: "Don't get in here. I deserve whatever happens."

[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:
Sheila Kay as Ruth Miller
Shelly Desai as the Motel Operator

Director of Photography: Aaron E. Schneider
Production Designer: Paul Eads
Edited by Andrew Doerfer
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: Margi Carlton 
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 Associates: Libby Goldstein, John A. Aiello
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
Asst. to Michael Fresco: Maureen Milligan
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 Dave Weathers, Miles of Fun Sound. 
Presented in Dolby Surround
Lenses & Panaflex (R) camera by Panavision (R)
Copyright (c) 1995 Steven Bochco Productions #7105 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.