Murder One

Season One - Chapter Six

U.S. air date: November 2, 1995

(Complete transcript) - [Final version]

[**Note: "Previously on... " portion has been verified and 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"

Clips of Neil's preliminary hearing.

Polson: "All the evidence points to a single perpetrator who knew the victim
and had rough sex with her prior to her murder."

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

Clips of Beverly Nichols, providing Richard Cross with his alibi.

Nichols, to Lila: "My name is Beverly Nichols. I'd like to see Mr. Hoffman."
To Ted, "I have information Richard Cross is innocent. I was with him last
Wednesday night when he went to that girl's apartment."

Ted: "Mr. Cross hasn't said anyone was with him at the crime scene."

Nichols: "My husband's a very violent man, Mr. Hoffman. He said he'd kill
me if I ever saw him again."

Clips of Dave Blalock and Ted discussing the Nichols videotape.

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

Ted: "That pretty much blows Richard Cross' alibi all to hell."

Clips of Ted's discovery of Blalock's murdered body in the motel room.
Kneeling by Dave's body."

Ted: "Davey."

Clips of Polson interviewing Ted in his office.

Polson: "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: "Why don't you go talk to Mr. Blondo."

Polson: "We're gonna do that."

Clips from the restaurant where Ted hires Ray Velacek.

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

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

And later in the same restaurant when Ted runs into Cross.

Ted: "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. Peek out. You see
me about to leave. You gotta come out and let me see you. Like ninety
percent of you wants to be careful and ten percent wants to tempt fate."

Clips of Julie's visit to Ted's office.

Julie: "My sister's dead. Your detective's dead. 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."

CHAPTER SIX

Lila Marquette and Justine Appleton are watching Dean Crowley on Law TV
in reception.

Crowley: "We turn now to Los Angeles and the Goldilocks murder case where
reversals seem to have afflicted the fortunes of Defendant, Neil Avedon.
With me to discuss these latest developments is trial expert, Dana Benson.
Dana, despite his newly acquired sobriety Avedon finds himself back in jail.
Shed some light if you can on Judge Alexander's reasons for revoking his
bail."

Justine: "Come to me, Dean." Lila laughs. "I want you. God, I hope he's not
short."

Lila: "Honey, you know what they say about the short ones."

Benson, on Law TV: "... of substance abuse who's best interests, and that
of society's, would be better served by allowing him treatment at a court-
approved rehab facility. Then along comes the preliminary hearing judge,
Nathaniel Alexander, who sides with the prosecution's argument that sober
or not Neil Avedon remains a danger to the community and should be in jail."

Crowley: "The Defense suffered another blow, didn't they, with the as yet
unexplained murder of Hoffman's longtime investigator, David Blalock."

Benson: "It's impossible to know whether Blalock's execution-style killing
will have any bearing on the outcome of this case. But I'm sure Ted Hoffman
will be trying to persuade a jury that Blalock was getting just too close
to the real killer and got murdered for his trouble."

Crowley: "We're going to take a short commercial break. Please stay with
us." Lila turns off the set just as Ted walks into the office.

Lila: "Morning, Mr. Hoffman."

Ted: "Morning." To Ray, who's been waiting, "Sorry I'm late. Let's go."
They head together to the morning staff meeting. "Morning all. Before we
get up to speed on Avedon, an announcement. I've asked Ray Velacek to come
on board full time to do our investigative work. I think you've all seen
Ray here over the last few days. He's a welcome addition to the firm."

Ray: "Louis has my pager number. Store's open twenty-four hours."

Ted: "So, what have we got?"

Chris: "We drew Judge Michaelman for trial."

Lisa: "I know his oldest daughter. She has four younger sisters. He's going
to hate Neil on sight."

Ted: "We're going to have to exercise our preemptory, Chris. No way can we
do worse."

Chris: "Then take another run at bail?"

Ted: "Might as well try. Where are we with Grasso on their witness list?"

Chris: "About the same place they are with us on ours."

Ted: "Keep the pressure on. I don't want Ray to have to interview fifty
people the day before trial. What else is on the agenda?"

Justine: "Jury experts."

Arnold, mumbles: "Marketing our way to a verdict."

Justine: "Hal Klemmer's in Florida on a death penalty but I've lined up two
other consultants I like."

Ted: "Bring them in, ASAP."

Arnold: "Ted, I picked up a pro bono case on Friday. PD fell out with a
medical emergency."

Ted: "They had your name on file."

Arnold: "Per your suggestion, I put myself on a list. It's a homicide. My
guy killed someone in a bar fight seventeen years ago."

Ted: "You're probably going to need to locate witnesses. Work with Ray.
He'll be able to help."

Arnold: "Yep."

Ted: "We done here?" The meeting breaks up, Ted leaves and heads for his
office. Arnold rushes to speak with him.

Arnold: "Ted, Ted, Ray Velacek? Are you sure he's the one we want to be
using on this?"

Ted: "He's connected. He has experience. What's your reservation?"

Arnold: "He just got here. Do you think he's ready for this?"

Ted: "He's ready, Arnold and so are you. You're the best legal mind in the
firm."

Arnold, completing the thought: "On motion work."

Ted: "This is the same thing. Different venue. Go into that courtroom,
control the judge with law, make your case to the jury."

Arnold: "Okay. Thanks."

Louis: "Julie Costello on three. Something's wrong."

Ted, picks up the phone: "Julie? It's Ted. Forgive you for what? I'm having
trouble understanding you. Where are you?" To Louis, "911 to her apartment,
now." To Julie, "Julie, talk to me. No, don't hang up."

Louis dials on another phone: "Yes. I'm calling for a drug overdose,
possibly a suicide attempt at, uh, 1501 North Havenhurst, apartment 1B. No,
we don't know what she took. My name is Louis Heinsbergen... "

Ted: "Julie, talk to me. Julie, you couldn't have known she was in danger.
None of this is your fault. No, Julie, don't put the phone down. Julie!"

[Music and main titles roll]

[Daniel Benzali as Theodore Hoffman - omitted]
Mary McCormack as Justine Appleton
Michael Hayden as Christopher Docknovich
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
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
Kathleen York as Cheryl Dreyfuss
Kevin Tighe as David Blalock
Bobbie Phillips as Julie Costello
Stanley Kamel as Dr. Graham Lester
Tia Carrere as Beverly Nichols
John Pleshette as Gary Blondo
Dean Norris as Dean Crowley
Ned Vaughn as Rusty Arnold
Deborah May as Dana Benson
Lorraine Toussaint as Margaret Stratton
Gregory Itzin as DA Roger Garfield
Billy Maddox as Kyle Nessen
Michael Leopard as Ron Waters
Will MacMillan as Angus Ramsey
Nancy Lee Grahn as Connie Dahlgren
Dean Fortunato as Ronald Linloff
Linda Carlson as Judge Beth Bornstein

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 Gay Walch
Directed by Jim Charleston
--------------------------

Opening scene: the lobby of the hospital where Julie Costello has been 
taken. Ted has been waiting and Lester just arrives.

Lester: "How is she?"

Ted: "They're still working on her. What kind of drugs did you have her
loaded up on?"

Lester: "I did not have her loaded up on anything and I resent your tone.
She was taking moderate doses of prescription tranquilizers for acute
anxiety syndrome along with some mild sleeping pills at night."

Doctor: "Dr. Lester? She's a very lucky girl. We had a little trouble
getting her rate back up but she's out of the woods now. I would like to
keep her overnight for observation."

Lester: "By all means. Did you give her a shot of activated charcoal to
soak up any residual effects?"

Doctor, nods: "And a saline cath. The works.

Lester: "Thank you."

Ted: "You don't give Julie Costello one more medical prescription, you
understand?"

Lester: "You're out of your depth here, counselor. Stick with what you
know and leave the doctoring to the doctors."

Ted: "Your doctoring almost killed her."

Lester: "Your clients come to you when they're in trouble, Mr. Hoffman.
So do mine. I can't save every patient any more than you can win every
case." Cross arrives.

Cross: "Graham? Hi. I just got your message. Hi Teddy. How are you?"
To Lester, "How she doing?"

Lester: "It was touch and go but she's fine."

Cross: "So you think she's going to be okay or... ?"

Lester: "Yeah."

Cross. "Thank God. So when can I see her?"

Lester: "Well, she's resting. They want her to stay overnight."

Cross: "Right, well. Private room, nurses around the clock, whatever it
takes. All right." To Ted, "Teddy, if you hadn't been there for her I don't
know if she would have made it. I don't know what to say except thanks."

Ted: "I know we all share a common concern for Julie's well being." And
he leaves.

In jail, Arnold visits his client, Kyle Nessen.

Nessen: "I was out here on vacation."

Arnold: "Right. 1978." Taking notes.

Nessen: "I'm sitting on a bar stool, minding my own business. There was this
girl, a real California type. She's giving me the time of day. I'm this 21-
year-old kid from New Jersey and this girl is into me."

Arnold: "Uh-huh. And then?"

Nessen: "Then a guy starts needling me."

Arnold: "How? Loud? From across the bar? In your face?"

Nessen: "He was at the billiard table. Calling over the girl, shouldn't be
wasting her time on me. Making fun of my boots, my Jersey accent. So I 
yelled back at him. You know like, `Go screw yourself,' something like that.
Next thing I know he's banging on my kidneys with a cue stick."

Arnold: "Oh, he attacked you?"

Nessen: "Thought he was going to kill me. So I grabbed my beer bottle and
clobbered him. He went down. It's gets hazy after that. I heard someone
say he's dead. I ran out, drove straight to LAX, got on a plane back home.
Joined the Army the next day."

Arnold: "Humph. And seventeen years later the police show up in Glendale
and arrest you for the murder of Carl Pasternak."

Nessen: "Just sat down to dinner and the doorbell rang. Me, my wife and
my baby girl."

Arnold: "Why did you move back to California in the first place? You had
to know it was a risk?"

Nessen: "I took early retirement from the service to get on with a
telecommunications company in Jersey. Company got a contract in Culver 
City. Move or starve. I honestly thought that if no one had ever come
after me until now, they never would. For all I knew the guy wasn't even
dead. Some deal, uh? Came here to keep my family together. If I go to
prison now I'll lose my reason for living."

Arnold: "Well, not if we put this incident into its proper context."

Nessen: "How? I confessed."

Arnold: "It was justifiable homicide, acting in self-defense. Okay, it's
not a crime. I'll talk to the DA, okay? I'll see if I can make this thing
go away."

Nessen: "I never spent the night away from my family until now. Is there
any chance you could get me bail?"

Arnold: "You ran from the law. I wouldn't count on it. It's gonna be okay."

Next scene: Justine and Ted are interviewing the two jury consultants.

Consultant #1: "I'm not going to insult you by pretending what I do is
an exact science. What you buy when you buy me is a strong statistical probability that the jurors I recommend will look favorably on our
arguments."

Justine: "And if they don't?"

Consultant #1: "I'd recommend you change your argument."

Justine: "You don't think that's the tail wagging the dog?"

Consultant #1: "What's the difference as long as you get the client off?"

Ted: "I assume you use questionnaires? The Meyers-Briggs profiles?"

Consultant #1: "Everybody does. What you pay for is my experience in
interpreting the data."

Justine: "What's your record in court?"

Consultant #1: "16 wins and 1 defeat."

Justine: "Tell us about the loss."

Consultant #1: "Well, I suggested a defense, the attorney ignored it.
Against my better judgment, I stayed on, formulated a shadow jury. Not
that I didn't know the outcome. His client paid the penalty."

Ted: "So what's your saying is you had nothing to do with the case going
south."

Consultant #1: "You hire me for the truth, good, bad, or indifferent. The
truth is the attorney blew it."

Consultant #2: "Everyone has two sets of biases. Those they present to the
world, those they live by but can't admit to, even to themselves."

Justine: "You're assuming that's where you come in?"

Consultant #2: "I can pinpoint those secondary biases by working off of
focus groups and interviews. But you have to understand my results can go
out the window once a jury is seated."

Justine: "You didn't mention that on the phone."

Consultant #2: "It could go out the window with any consultant. People
change in relation to other people. A jury's dynamic is always fluid."

Ted: "We appreciate your candor but then what can you bring to the table
for my client?"

Consultant #2: "I've worked up a method of predicting to a degree how each
juror will alter their behavior and opinions once they're impaneled. I've
also had some success in predicting the election of the foreman and I can
gather data on how sequestration will further change the jury. With the
intense media coverage this case has already received there's a good chance
the prosecution will go for sequestration."

Justine: "Your record is 28 wins, 3 losses?" She nods.

Ted: "Explain the losses."

Consultant #2: "Three of them occurred early in my career. I learned more
from them than from any of my wins."

Ted: "And the fourth?"

Consultant #2: "I made a mistake and misread the jury."

Ted: "How soon can you start?"

Next scene: Arnold and Ray are going over his case, trying to look for
leads on witnesses to question.

Arnold: "Here's the original police report."

Ray: "If there's witnesses out there, I'll find 'em."

Arnold: "Uh, people move, people die."

Ray: "The good news is that if I can't find them, neither can the other
side."

Arnold: "That's very comforting, Ray, but I'd like to go to the DA with a
little more artillery than that."

Lila: "Mr. Velacek? Mr. Hoffman is looking for you."

Ray: "Thanks, Lila, From now on, it's Ray." To Arnold, "Get back to you."
Goes to Ted's office.

Ted: "Let me tell you a story."

Ray: "Okay."

Ted: "Under the category: Theory of the Crime. How I see Davey buying it.
You tell me if I'm in the ballpark. Davey comes to me. Says he's got a guy
coming down from Sonoma with a video of Beverly Nichols and her husband
getting it on with a john. I ask him if this tape has a price tag, Davey
says no. Guy owes him one."

Ray: "So where does the hundred grand come in?"

Ted: "Davey must have been afraid if he told me about the money I'd pass
on the deal. So he calls Gary Blondo instead who says if the tape is as
good as promised, he'll come up with the money. So Davey's at the motel.
Carello meets him there with the tape to prove the information's good. The
tape shows Jake Nichols making love to his wife, Beverly. But for that tape
to be worth a hundred grand and two people's lives the other guy had to
have been Richard Cross."

Ray: "Your idea being that Richard Cross wouldn't exactly want the insanely
jealous husband from his alibi, on videotape happy as a clam in a three-way
with his wife and Richard Cross."

Ted: "Exactly. And as soon as Davey verified the tape is as advertised he
calls Blondo who sends his bag-man, Rusty Arnold to the motel with the
money. My guess is Rusty Arnold killed them both. Took the tape and the
money."

Ray: "And delivered the tape to Richard Cross."

Ted: "That's the theory."

Ray: "If you're right, if Rusty Arnold hit 'em both, the guy's a pro. The
case will never make."

Ted: "Maybe not. But if you were Freddie Carello and you had a tape of
Richard Cross in a three-way with Beverly Nichols and her husband, wouldn't
you make an insurance copy before you put it up for sale?"

Ray: "I'll get on it. Worst case we can rattle their cage with the rumor
it's out there."

Ted: "They'll be looking for it too, Ray. Be careful." Ray leaves.

Next scene: Arnold tries to deal with deputy DA, Cheryl Dreyfuss, on behalf
of his client.

Arnold: "Here we go."

Dreyfuss: "Nice briefcase."

Arnold: "Oh, yeah, thank you. It's from Hermes. I got it in Paris. But it
was on sale, big discount. With the exchange rate it really... "

Dreyfuss, cutting him off: "What can I do for you, Mr. Spivak?"

Arnold: "Ah, the Kyle Nessen matter. I'd like you to drop the charges."

Dreyfuss: "Are you kidding? No way. Voluntary manslaughter. Eleven years."

Arnold: "Based on what?"

Dreyfuss: "Your guy's prints on a beer bottle plus a little thing called a
confession."

Arnold: "He acted in self-defense."

Dreyfuss: "Why did he run?"

Arnold: "He panicked. He was a kid alone in a strange city."

Dreyfuss: "He remained in a state of panic for seventeen years."

Arnold: "No. But during that time he led an exemplary life. He was a Gulf
War hero. He has a wife and a young child. I'm asking you to weigh the
equities. Then ask yourself what purpose could imprisoning him possibly
serve."

Dreyfuss: "Maybe I could see my way to an invol. Six years, out in three
and a half with good time." Arnold shrugs. "This offer is good today only."

Arnold: "It's still prison."

Dreyfuss: "It's still homicide."

Arnold: "There's no purpose to it. He's a good man. How do you rehabilitate
a good man?"

Dreyfuss: "I don't care about rehabilitating him. I care about punishing
him. You're good man smashed another man's skull and killed him. Now he's
gotta pay."

Arnold: "Well we'll let a jury decide that."

Dreyfuss: "Fine."

Arnold, referring to his briefcase: "It wasn't on sale. Cost four hundred
dollars. And my guy's gonna walk." He leaves.

In court, the Kyle Nessen case. A detective is on the witness stand. Judge
Enrique Soto presiding.

Dreyfuss: "Tell the court, detective, why it took so long to arrest the
Defendant."

Detective: "Didn't have the technology back then. We had witnesses,
descriptions, but nobody knew him. And we couldn't trace the prints on
the murder weapon."

Dreyfuss: "How were you able to finally locate him?

Detective: "Since I'm retiring in a month I gave my back-burner cases one
last shot. I did a cold run and sent the latents through A.F.I.S., which
is our Automated Print Identification System. And we got a hit from the
Defendant's job clearance ID. That gave us his social security number and
we traced him through his job in Culver City."

Dreyfuss: "And did he match the witnesses' descriptions?"

Detective: "Yes. Dead ringer. A little less hair, a few more wrinkles."

Dreyfuss: "And when you arrested him, he admitted to killing Mr.
Pasternak, did he not?"

Detective: "Yes. His exact quote was: `I guess I always figured one day
there'd be a knock on the door.'"

Dreyfuss: "Thank you, detective."

Arnold: "Isn't it possible someone else could have hit the victim with the
bottle and then Mr. Nessen picked it up, obscuring any other prints but his
own?"

Dreyfuss: "Objection. Speculation, your honor."

Detective: "I'm not speculating."

Dreyfuss, to Arnold: "You're asking him (pointing to the judge) to."

Judge: "In addition to asking a compound and confusing question, Mr.
Spivak."

Arnold: "I apologize to the court. I, uh, rephrase. Is it possible someone
else hit the victim?"

Detective: "That's not what the witnesses' statements said. It's not what
he (pointing to the Defendant) said."

Arnold: "Okay, but is it possible?"

Detective: "Twenty-five years on the job. Anything's possible."

Arnold: "That's a yes for the record, right detective?"

Detective: "Right."

Arnold: "Did Mr. Nessen have a lawyer present with him when he made his
statement?"

Detective: "No. But he got read his rights."

Arnold: "Your honor, could you admonish the witness to answer the question
without editorializing."

Judge: "Just a yes or no response, detective."

Detective: "No. No lawyer present."

Arnold: "That's all, your honor."

Judge: "Step down. Anyone else, Ms. Dreyfuss?"

Dreyfuss: "No, your honor. The People believe we've established reasonable
suspicion that the Defendant is guilty of voluntary manslaughter."

Judge: "Mr. Spivak."

Arnold: "Your honor, my client was provoked into a barroom brawl in which
he felt his life was threatened. He struck Mr. Pasternak in self-defense
and fled out of fear of his life. In the seventeen years since he's led an
exemplary life dedicated to serving his country. Mr. Nessen is not a killer
and we don't think the People has established criminal intent. We move this
court for dismissal."

Judge: "I'm not convinced, Mr. Spivak. The Defendant is hereby bound over
for trial in superior court. Judge and date to be calendared within two
weeks. Next."

Back to the firm. Ted is looking over a survey taken by the jury consultant.

Consultant: "I wish I could be more encouraging about the results."

Ted: "If these are the facts, we have to deal with them."

Consultant: "Two areas of particular weakness. One, and we confirmed this
over three different shopping centers, younger women don't trust Neil."

Ted: "They identify with Jessica Costello."

Consultant: "Possibly."

Ted: "And the other area?"

Consultant: "We did an associative response survey and ran it across a
broad spectrum of potential jurors and almost every one of the respondents
visualizes Neil behind bars. It colors their perception of him and skews
him towards victimizer instead of victim."

Ted: "Any cure?"

Consultant: "Get him out of jail."

Ted, to Chris: "Did you find out who we drew for trial?"

Chris: "Bornstein. The swan judge. Want to move for recusal?"

Ted: "We'd lose and we'd only antagonize her. Let's see how she treats us
on bail."

Arnold returns from court and passes Ted as he's on his way out.

Arnold: "Ted."

Ted: "Arnold."

Lila: "Ray Velacek phoned while you were out."

Arnold: "What'd he say?"

Lila: "On your witness list, two are dead, one's disappeared. Here's the
location for the last one."

Arnold looks at the note: "It's a bar."

Lila: "Ray says get there early in the morning before the guy falls off his
stool."

Arnold: "Thank you, Lila."

Lila: "You're welcome."

The hospital, Julie's room. Ted is keeping vigil as she wakes from a bad
dream.

Ted: "Julie. It's all right."

Julie: "Teddy."

Ted: "You were dreaming."

Julie: "Was I? Felt more like remembering. My throat." Ted gets her some
water.

Ted: "Here. Do you about it? Your dream?"

Julie: "You don't want to hear."

Ted: "Yes I do. Tell me."

Julie, in tears: "I'm at home. I'm in my bed sleeping. I feel someone's
breath on me. He's over me, kissing me. I want to get up, get away. But my
body won't do what I tell it. We have sex. I'm so ashamed."

Ted: "Who is it, Julie? Who is it in your dream?"

Julie: "Graham. Lester."

Ted: "How often have you had this dream?"

Julie: "I don't know."

Lester, who's been standing at the door: "Get away from my patient, Mr.
Hoffman."

Ted: "I need to speak to you."

Lester: "Fine." They both leave Julie's room to speak outside. "Julie
Costello's dream, and that's all it is, a dream, is a simple manifestation
of a garden variety transference."

Ted: "Is that the cover story?"

Lester: "No, that's the fact. She's projected her anxieties into an 
imaginary scenario. There's nothing unusual here except your reaction to
what you heard."

Ted: "Doctor, whatever bent logic allows you to live with yourself don't
push it at me. You and Richard Cross drove her to this and she's alive
inspite of you both."

Lester: "I know you don't believe me but all I care about is making her
well."

Ted: "The way you cared about making Neil Avedon well."

Lester laughs: "You're never going to come around, are you Mr. Hoffman?"

Ted: "Not in this lifetime." Julie's doctor comes out of her room. "Doctor,
a note for you. Under symptoms for Julie Costello, put the name: Graham
Lester."

Lester: "Ignore him."

Ted: "No. Pay very close attention. You allow him access and you threaten
not only her emotional well being but very likely her life." 

Doctor: "But he's her primary physician?"

Ted: "He's her enemy. Anything happens to her I swear I'll come after both
of you." Ted leaves.

Next scene: Arnold looking for his witness at the bar. Speaks to the
bartender.

Arnold: "Excuse me, sir, is that Ron Walters?" Bartender nods.

Walters: "Eddie, another one please." He's already quite drunk.

Arnold: "Ron Walters, Arnold Spivak. Pleased to meet you." Shakes hands.
Bartender brings over the drink.

Bartender: "Three-fifty."

Arnold: "That's okay, I got that. Here we go. Keep the change. Mr. Walters,
I'm an attorney. I represent Kyle Nessen. Does that name ring a bell?" 

Walters: "Kyle?"

Arnold: "Nessen. Kyle Nessen."

Walters: "Kyle Nessen." Drinks.

Arnold: "Do you remember a bar in Hollywood called Cleo's?"

Walters: "Yeah, it went out of business, uh, let me see, back in 19... "

Arnold: "Nine years ago. Do you remember a fight in Cleo's seventeen years
ago in which someone was killed?"

Walters: "Yeah. Seventeen years ago." Drinks. "Eddie?" Gestures for another
drink.

Arnold, waves the bartender off: "I'll give you twenty dollars not to drink,
just for a moment." Walters takes the bill. "When the police interviewed you
at the time you told them Mr. Nessen hit the victim with a beer bottle."

Walters: "Right."

Arnold: "Did you see what happened before?"

Walters: "Before what?"

Arnold: "Oy. Can you verify Mr. Nessen was defending himself when he hit
the other man?"

Walters: "Sure."

Arnold: "Yeah? Did you see the victim swing the pool cue?"

Walters: "Guy comes at you with a pool cue you gotta hit back. Uh, you had
no choice."

Arnold: "No, no. Not me. My client."

Walters: "Right. The other guy. What was his name?"

Arnold: "Kyle Nessen."

Walters: "Can I have another drink now?"

Arnold: "You don't remember what happened that night at Cleo's, do you sir?"

Walters: "Listen, pal, you give me another twenty bucks I'll remember
whatever you want me to."

Arnold: "Yeah, you have a nice day." And leaves the bar.

Walters: "Eddie!" Calls for another drink.

Later on, back in Ted's office.

Arnold: "Ted, a moment?"

Ted: "I'm on my way out, Arnold.  Make it fast."

Arnold: "Okay. Normally I wouldn't bother you with this but I am between
the proverbial rock and a hard place. I have no reliable witnesses and the
prosecution's evidence is pretty strong."

Ted: "Put your client on the stand. Let him sell him story to the jury."

Arnold: "And he blows it, he goes away for eleven years. Family
disintegrates."

Ted: "Then call Miriam Grasso."

Arnold: "Call Grasso?"

Ted: "If your DA's unreasonable, appeal to her."

Arnold: "Would she take my call?"

Ted: "Of course. You're an attorney and you've got a client."

Arnold: "Right, well I'll call her up, set up a meeting. What's good for
you?"

Ted: "You won't need me. Nobody knows your facts as well as you do or how
the law applies to them. Make a case. She won't bite." And he leaves.

In court before Judge Beth Bornstein, the question of bail is raised once
again.

Grasso: "Your honor, presented with the same facts, Judge Alexander saw
fit to revoke bail. The People submit that there has been nothing new to
justify overturning his decision."

Ted: "With respects, your honor, we would argue that there have always
been sufficient grounds for granting bail. The fact that a magistrate
misunderstood the criteria should not prevent you from making a more
just decision."

Judge: "In other words you think I'm smarter than Judge Alexander." The
reporters chuckle at the line.

Ted: "I think your honor recognizes that someone charged with a crime is
innocent until proven guilty. And therefore Mr. Avedon cannot be considered
a threat to his community simply because he's charged with homicide.
Moreover and more importantly, my client has clearly demonstrated he's
not a flight risk."

Grasso: "How could he be? He's either been in custody or in a drug rehab
lock-down."

Ted: "When the videotape depicting him and Melissa Griotte surfaced he
returned to court voluntarily. When he left the Hiltz Clinic he returned
voluntarily. On every occasion, when he easily could have left the
jurisdiction, he returned voluntarily."

Grasso: "Your honor. It's a whole new ball game. His attorneys' ploys
haven't worked. He has to face a trial. He has to face overwhelming evidence
against him. This time it's for real. And the probability of flight has
increased geometrically."

Ted: "He's faced the music before, he'll face it again. And any argument
to the contrary is not supported by fact."

Judge: "It's a close call. But I'm inclined to agree. I'm reinstating bail
in the amount of ten million dollars. Previous terms continue in effect."
Neil thanks and hugs Ted.

Next scene, the office of Miriam Grasso of the Major Crimes division.
Arnold's meeting with Grasso. Arnold arrives before Grasso, knocks on the
door, there's no answer. Then Grasso arrives.

Grasso: "Sorry I'm late."

Arnold: "Hi. Hello."

Grasso: "You must be Arnold Spivak."

Arnold: "Yep."

Grasso, trying to open her door which sticks: "Find a chair. I understand
you want to talk about a plea arrangement on a homicide?"

Arnold: "Yes, that's correct. Kyle Nessen." There's a knock on the door.
It's Cheryl Dreyfuss.

Grasso: "Cheryl."

Arnold: "Hi. I thought we were meeting alone but this is fine. No problem."

Grasso: "I want you to know, Mr. Spivak, it's not generally the policy
of this office to second-guess their deputy DAs, not without extenuating
circumstances."

Arnold: "I appreciate that, Ms. Grasso and normally I would never try to
go over Ms. Dreyfuss' head but I feel that in this particular instance,
given the givens... "

Grasso interrupts: "Talk, Mr. Spivak."

Arnold: "Okay, here's my pitch. I took this case pro bono, for the good
of the public. What Ms. Dreyfuss wants to do isn't good for anyone. Not
society, not my client and certainly not his wife and child." Dreyfuss
tries to interrupt him but Arnold won't let her. "Let me just frame things
here. Mr. Nessen killed a man in self-defense and terrified he ran. Now
I, I know Ms. Dreyfuss will argue that the evidence or lack of it doesn't
prove self-defense. But Mr. Nessen's entire life since that terrible moment
proves my point. I think we have to look at who Kyle Nessen is and isn't.
He' not Charlie Manson. He's not Jeffrey Dahlmer. He's not Ted Bundy. He's
not David... "

Grasso: "I get your drift, Mr. Spivak."

Arnold: "The point is he's a man who made one mistake and has spent the
rest of his life making up for it. Now I may be out of line saying this
and my apologies if I am, Ms. Grasso, but I think, I think a person could
be a tough prosecutor and still be compassionate. If we take this man
through trial maybe I lose but this office doesn't win. Nobody wins. We
will have done nothing to make anyone's life safer or better."

Grasso: "Cheryl?"

Dreyfuss: "I came down to invol. I think that's more than generous."

Grasso: "Well, there you have it, Mr. Spivak. Thanks for stopping by." She
leaves.

Arnold: "Excuse me." He leaves Dreyfuss thinking about what he'd just said
about his client.

Next is a segment from Deadline: America's Connie Dahlgren doing an item
on Neil on tv. Louis and Ted are watching in Ted's office.

Dahlgren: "And now more bad news for film star Neil Avedon who's with the
slaying of fifteen-year-old Jessica Costello in the highly-publicized
Goldilocks murder case. Informed sources confirm that a recent telephone
survey conducted by Avedon's legal team shows that sixty-seven percent
of Southland residents believe he committed the crime with which he's
charged." The graphic on the tv reads: Did Neil Avedon Commit The Crime?
67% YES, 33% NO *Poll conducted by Avedon's attorneys. "The poll which
was taken within the last two days... "

Ted: "We have a leak in the firm, Louis."

Louis: "It would seem so."

Ted: "Find it and cap it."

Louis: "Mm-hmm." Louis leaves.

Still watching Deadline: America, Neil is on, answering the press' questions.

Neil: "I'm not a free man. I'll never be a free man until Jessica Costello's
killer is brought to justice." The press is all shouting questions at him
at the same time. "Look, I promised my attorneys that I wouldn't answer any
questions about the case and I intend on keeping my promises from now on.
So I'll have to excuse myself. Thank you."

Dahlgren: "Neil Avedon outside Los Angeles Superior Court. Coming up next,
an Illinois minister fires tear gas into an adult movie theater... " Ted
shuts off the tv. Ray Velacek knocks and enters Ted's office.

Ted: "Thought we'd lost you. Any luck so far?"

Ray: "Not on the tape. But I've been doing my homework on Rusty Arnold.
Friend of mine in narcotics worked four cases with him when he was with
the D.E.A. He spent a lot of time in Mexico. Cuernavaca. Vera Cruz. My
guy says Arnold loved to spend and he loved to party. But he made cases.
Popped a lot of mid-level coke wholesalers."

Ted: "Someone making him look good?"

Ray: "Possibly. The bad guys owned him they could have been building up
his resume. Only time my guy worked with him here in LA was a couple of
years ago, just before Arnold got out of law enforcement and went to work
for the studio. He came in on an LAPD investigation. Patient OD'd at a
rehab clinic. They were looking at the clinic director for prescribing
illegally but the case never made. Two guesses who the doctor was."

Ted: "Graham Lester."

Next scene, Ted's firm.

Louis: "Apparently you stipulated to Italian food this week. You have a
7:30 dinner reservation at `I Cucini,' your wife will meet your there."

Ted: "Thanks, Louis."

Chris: "Ted."

Ted: "Yeah."

Chris: "Just spoke with Margaret Stratton. She did another phone survey.
After the judge reinstated bail there's a fifteen percent decrease in
people who think he's guilty in every demographic. His press statement
helped."

Ted: "Let's hope he behaves himself. Kid could be his own best witness."

Louis: "I think Gary Blondo's here."

Ted: "You think?" And Blondo arrives carrying an enormous gift-wrapped
basket of fruit.

Blondo: "Listen to me. Listen and I don't want an argument."

Ted: "I'm listening."

Blondo: "You're getting one of my points in Neil's picture."

Ted: "Not appropriate, Gary."

Blondo: "Agree to disagree with me, Ted. But parasites and has-beens are
getting seven figures. The man who saves my picture deserves one of my
points. And we're talking true gross, Teddy."

Ted: "You don't think the public would have felt a morbid fascination
about Neil's film if he were still in jail?"

Blondo: "Oh those warpos forget whether he's in jail or not. I want the
normals, Teddy. The girls who get moist whenever Neil does an interview.
We get no dampness with him in Parker Center."

Ted: "Thanks for the fruit. We have any other business?"

Blondo laughs: "My film's coming out. My star's is on the street. You don't
want a guy to have fun for ten seconds, do you, Ted? Just because I had
lunch with Richard Cross? Come on, Teddy. How many guys you know could put
nine figures into independent product who don't need a parking space for
their camel?" He places his hand on Ted's knee to emphasize his point. Ted
just stares at the hand until Blondo removes it.

Ted: "See if this makes ya happy. Rusty Arnold works for Richard."

Blondo: "Rusty Arnold works for the studio."

Ted: "That's his day job. You called Rusty Arnold to deliver the money to
Dave Blalock. And I think Rusty Arnold reported to Richard Cross. I think
Richard Cross had Dave Blalock killed. And I think your security guy pulled
the trigger. So take your point and shove it up your ass."

Blondo, visibly shaken: "You're wrong."

Ted: "I don't think so. If I'm not, you're in way over your head. These
people are killers. Doesn't matter if you're in bed with them or not. If
it suits their purpose, you might be the next one dead. I'm busy. I gather
we're done."

Back out at reception...

Lila: "Arnold? You have a visitor in reception."

Arnold: "Hi. Guess you're here to chew me out for trying to go around you
this morning."

Dreyfuss: "Yeah, that was pretty nervy."

Arnold: "Just don't hold it against my client. That's all I ask."

Dreyfuss: "If you'd think I'd do that you must really have a low opinion of
prosecutors."

Arnold: "Two-way street. I'm surprised you could bring yourself to a
defense attorney's office. Aren't you afraid our lack of ethics will rub
off on you?"

Dreyfuss: "Being on enemy territory does give me the creeps, I have to
admit. Any neutral turf come to mind? I'd like to talk about your case."

Arnold: "Yeah, there's Harry's Bar around the corner."

Dreyfuss: "Maybe we could get a beer?"

Arnold: "Yeah."

Harry's Bar...

Arnold: "Here ya go."

Dreyfuss: "Thanks. So, cheers."

Arnold: "Oh. Yeah. Cheers. So."

Dreyfuss: "So, right. After our meeting with Miriam... "

Arnold interrupts: "One of my major triumphs. Standing there. Words coming
out of my mouth. The only thing I'm thinking about is, `Ah. Am I blinking
too much?' I was like... "

Dreyfuss interrupts: "Arnold?"

Arnold: "Sorry. Excuse me. Sorry. Go ahead."

Dreyfuss: "After our meeting with Miriam I peeked at her legal pad.
Remember? She was doodling all through the meeting. Well she had drawn a
picture of a courthouse and underneath it she had written: `Justice Tempered
With Mercy.' I didn't want to fold in front of you. I didn't want to give
you the win. Lawyer's Disease."

Arnold: "Wait, are you saying you're kicking this thing?"

Dreyfuss: "Your guy can be out by tomorrow morning."

Arnold: "That's great. We'll take it. Why didn't you tell me this in the
office?"

Dreyfuss: "I guess I could have told you that upstairs. But the truth is
I wanted to have a beer with you."

Arnold: "Ha. You did."

Dreyfuss: "You know they have a dinner menu... uh, unless you have to be
somewhere?"

Arnold: "No. I don't have to be anywhere. Would you just mind if I made
one quick call to my client, just to tell him the good news?"

Dreyfuss: "I'll be here."

The Italian restaurant where Ted and Annie are having dinner.

Annie: "Is there something wrong with your pasta?"

Ted: "It's fine. You should have seen Julie Costello. I don't know what
kind of drugs Graham Lester's got her on but she looks like she's fifteen
feet under water."

Annie: "Is there anything you can do?"

Ted: "Not much, except sit around feeling sorry for this poor kid and
obsessing about Richard Cross. When I should be enjoying the company of
my very patient, very understanding, and very beautiful wife."

Annie: "Who appreciates the sentiment. But you can't get out from under
this, Teddy, no matter how hard you try. It's in the air like Legionnaire's
Disease. Why don't you climb into that nice bottle of Pinot Grigio and let
me drive you home." DA Roger Garfield and his wife enter the dining room.

Garfield: "Let's go say hi to the Hoffmans. Teddy?"

Ted: "Roger."

Garfield: "You know my wife, Evelyn."

Evelyn: "Good to see you."

Ted: "Hi."

Annie: "Hi."

Garfield: "I'm surprised, uh, you're not still at the office, burning the
midnight oil, given the givens."

Ted: "You here for the food, Roger, or are you just courting the Italian
vote?" Garfield laughs. So does Annie. The Maitre d' arrives with a message
for Ted.

Maitre d': "Mr. Hoffman? There's a call for you from Dr. Wilkerson. She
says it's important."

Ted: "Excuse me."

Garfield: " So."

Next scene, Arnold and Dreyfuss after their date.

Arnold: "I, I, I don't know. It may have something to do with adrenalin,
you know, I just... a certain agitated energy, uh, but, uh, you know, I,
I, I babble, I meander. It's, it's odd. I, I know. Uh, but, uh, could
also be a number of alternative causes for example there's the flood of
endorphins, endorphin thing, which is, uh, that's what runners get for
example when they get a really good, uh... "

Dreyfuss interrupts: "Shhh." And they kiss. "Anything else you want to
say?"

Arnold: "No." They kiss again.

Dreyfuss: "Ah, we, uh, have to finish this case in court before I can... "
Arnold nods. "... invite you inside." Arnold nods again. "Okay?"

Arnold: "Okay. Okay." They kiss once more. "Bye." Arnold congratulates
himself on the date.

At the hospital, Julie is with Lester as she signs herself out. She looks
completely out of it.

Julie: "Hello, Ted."

Ted: "We need to speak. Alone."

Julie: "I'm too tired, Ted. I just can't."

Lester: "I filled her in on your own abortive attempt to disrupt her
treatment."

Ted to Julie: "He's dangerous. You don't have to go with him."

Julie: "Yes, I do. I need his help."

Ted: "You're not in any condition to know what you need."

Lester: "I'll say this in language you can comprehend. Interfere one more
time, I'll sue and I'll win."

Ted: "Julie, I'm your attorney. I can protect you if you let me."

Julie: "Not any more. I have a new lawyer. He's gonna send you a letter."
Turns to Lester, "Isn't that what you said?" Lester nods.

Lester: "The letter will explain everything. Car's waiting."

Julie: "Goodbye, Ted." They leave.

[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:
Robert Gallo as Judge Enrique Soto
Markus Redmond as Mark Washington
Adam Scott as Sydney Schneider
Shelby Leverington as Evelyn Garfield
Jordana Capra as Dr. Sarah Wilkerson
Craig Bonde as the Bartender
Richard Miro as the Maitre d'

Director of Photography: Aaron E. Schneider
Production Designer: Paul Eads
Edited by Lance Luckey
Unit Production Manager: Patrick McKee
First Assistant Director: Mike Schilz
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 Operators: Conrad Hall, Jr., Steve Smith
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 #7106 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.