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.