Murder One Season One - Chapter Eleven U.S. air date: January 15, 1996 (Complete transcript) - [Final version] [**NOTE: The credits listed have been completed thanks to Mario Silva.] ======================================================================== 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" JURY SELECTION - Narrator's voice-over: "The prosecution and defense face off during jury selection." Clips from the jury selection voir dire. Grasso: "Do you understand the concept of reasonable doubt?" Ted: "Sir, you understand the concept of circumstantial evidence, don't you?" Grasso: "That if such doubts aren't reasonable then you must return a verdict of guilty." Ted: "The law requires that when there are two reasonable inferences to be drawn -- you must adopt the one suggesting innocence." THE OBSESSED FAN - Narrator's voice-over: "Neil Avedon's obsessed fan." Clip from Ted and Ray's visit to Holly Gerges. Gerges: "And if there is anything that Neil does not understand then Neil is the one who should be asking the questions!" Clips of Ted discussing Gerges with Neil. Ted: "Is Holly Gerges capable of doing what she says she did in this letter?" Neil: "Absolutely." Quoting the letter: "`Tell your girlfriend to keep away from you or I'll do to her what I did to Jessica.'" Ted: "Her hands fit around Jessica Costello's throat as easily as anyone else's." Clips of Gerges at the firm with Neil and Ted. Gerges: "I could show you a hundred different ways where we are one hundred percent predestined to be together." Neil: "What exactly would you like me to do, Holly?" Gerges: "Wait for me outside because I'm going to kill your attorney." Neil: "I don't want you to do that, Holly." Gerges: "I could make you happy." Neil: "Give me the gun." He takes the gun away from her. He gives her a kiss. Clips of Ray informing Ted that Gerges is dead. Ray: "Holly Gerges died in custody. No sign of struggle." Ted: "What are the actuarials of a woman in her thirties dropping dead on cue?" Ray: "If it was a hit it was pretty sophisticated." THE CONFRONTATION - Narrator's voice-over: "Ted Hoffman confronts the enemy." Clips of Ted and Cross. Various clips of Ted's theory of how Blalock was killed; Holly Gerges, dead in jail; and Jessica Costello's dead body. Also a clip of Cross handing Jessica's diary to Ted. Ted: "I know what you did, Richard, even if I'll never be able to prove it. Just as I know you were involved in this girl's murder. And Dave Blalock's. And Jessica Costello's. I see through the alibis, the veils of lies and deception to the sickness at the core of your being." CHAPTER TEN Opening scene, in court. It is a closed hearing as the defense makes a motion for dismissal. Judge: "The People versus Mr. Neil Avedon." Grasso: "Good morning, your honor. Miriam Grasso and Mark Washington for the People." Ted: "Theodore Hoffman and Christopher Dochnovich for Mr. Avedon." Judge: "Defense has a motion?" Ted: "Yes, your honor. The Defense moves this court to dismiss the charges against Mr. Avedon." Grasso: "The People oppose." Ted: "Included in our points and authorities is an authenticated letter of one, Holly Gerges. It presents evidence that Ms. Gerges confessed to committing Jessica Costello's murder, not my client." Judge: "What about it, Ms. Grasso?" Grasso: "We contend that the late Holly Gerges would have confessed to killing Marilyn Monroe if she thought it would favorably influence the Defendant. We therefore are requesting a postponement in order to develop information to support our position and to prepare opposing papers." Ted: "That's a stalling tactic which is not only unfair to Mr. Avedon but a waste of the court's time and the taxpayers' money." Grasso: "Notwithstanding counsel's civic concern, the People's request for more time is reasonable. We're approaching the holiday season, vacations have us short-staffed. We could take this up after the first of the year." Ted: "In the meantime, Mr. Avedon has a murder charge hanging over his head that doesn't belong there." Judge: "I'm not going to derail this whole process, Mr. Hoffman. I'm setting the hearing for after Christmas recess, two weeks from today. Jury selection will continue as scheduled resuming tomorrow morning at ten a.m." Ted, Neil and Chris leave the courtroom. Neil: "What is she waiting for? Why didn't she drop the charges against me right there?" Ted: "She has to give the DA a chance to investigate the letter and Holly Gerges." Neil, smiling: "Oh, man. Two more weeks." Ted: "And even then, Neil, it's a long shot, like a lottery ticket. Put it away and forget about it until the drawing." Neil nods. Neil: "Okay, Ted, sure." They head go past the press and enter the elevator. [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 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: Miguel Sandoval as Roberto Portalegre Linda Carlson as Judge Beth Bornstein Steven Gilborn as Professor Simon Adler Harry J. Lennix as ??? Nick Corri as Eduardo Portalegre McNally Sagal as Lorraine Vitalli Markus Redmond as Mark Washington Patricia Belcher as Mrs. Harris June Saruwatari as Karen Ting Rosanna Huffman as Eleanor Huffman Ned Luke as ??? Juli Donald as Julia Antonelli Chris Ellis as ??? 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 Producers: William M. Finkelstein, Charles H. Eglee Written by Ann Donahue & Charles D. Holland Directed by Steven Robman ------------------------- Next day, jury selection continues in the Avedon case. Judge: "Please continue, Mr. Hoffman." Ted: "Your questionnaire states you saw on Law TV that my client passed a polygraph?" Person #1: "I think it was Law TV." Ted: "Do you understand that, uh, polygraph results cannot be used in a court of law?" Person #1: "Yes." Ted: "Notwithstanding that fact, have you already made up your mind?" Person #1: "If he can kill, he can lie about it." Person #2 (Karen Ting): "Lie detectors are scientific. You can't fool science. I think he was probably telling the truth." Person #3: "He's an actor, right? He lies for a living." Person #4: (Patrick McQuen): "The fact that he agreed to take the test tells me that he might be innocent." Grasso: "And because this is a high-profile case with a well-known defendant, I have to ask why you want to be on this jury?" Person #5: "I'm retired and I'd like to do something constructive with my time." Person #6: "I'm just here because I got that thing in the mail." Person #7: "This case is so famous. I, I feel like we're a part of history. Does this mean I have to leave? I can be fair." Ted: "It says on your questionnaire that you think Neil Avedon's attorney is mean." Ting: "You are." Ted: "Do I have moments or am I mean all the time?" Ting: "I saw you on TV at the, what do you call it, a preliminary hearing? You weren't very nice. You were pushy." Ted: "If I were representing your brother, who was charged with a murder you knew he didn't commit and the prosecutor wanted to put him away for life, would you want me to be nice?" Ting: "That would be different." Ted: "How so?" Ting: "He'd be my brother." Ted: "And you'd want me to be as tough and aggressive as humanly possible for your innocent brother, wouldn't you?" Ting: "I suppose." Ted: "You suppose?" Ting: "Well, I'm not sure. Maybe." Ted: "So, in other words, for the right person, an innocent person, my bad manners are permissible?" Ms. Ting smiles and nods. "Maybe I'm wrong but I think you might like me better already." Person #8 (Switzer): "I have three young daughters myself. The guy just doesn't set well with me." Grasso: "Could you be more specific about your discomfort, sir?" Switzer: "Well, maybe he didn't kill the Costello girl but he sure as hell took advantage of her." Grasso: "Nothing further." Judge: "Mr. Hoffman?" Ted: "You have no idea how old or mature Jessica Costello looked, do you, sir?" Switzer: "Paper runs her picture all the time." Ted: "That's her high school class photo. But you don't know what she looked like when she was with Neil Avedon, do you?" Switzer: "No, I guess I don't." Ted: "Have you read newspaper reports that say Jessica was a regular patron at clubs that only admit adults twenty-one and older?" Switzer: "Yes." Ted: "So, can you accept the fact that Neil Avedon may have believed that Jessica was older than her years?" Switzer: "It wouldn't be the first time it happened. Yeah." Ted: "Nothing further." Grasso: "Mr. Switzer, if you remain a juror and you're presented with facts that Jessica Costello not only acted older than her years but also had a dozen sexual partners, would you be inclined to blame her for her own death?" Switzer: "No." Grasso: "And if you were presented with facts that she had in excess of twenty sexual partners from whom she may have accepted gifts or money or cocaine, would that dispose you to blame Jessica Costello for her own death?" Switzer: "No, I, I don't think so." Grasso: "I sense some ambivalence." Switzer: "Twenty guys is a lot." Grasso: "Yes it is. Is it too many for you to be fair?" Switzer: "I don't know. At a certain point, you gotta wonder." Grasso looks at the judge." Judge: "The court thanks and excuses Mr. Switzer for cause." He leaves the jury box. Ted: "You're a professor of constitutional law?" Person #9 (Professor Simon Adler): "That is correct." Ted: "If you were a part of this jury, do you think your expertise would have an impact on the jury during deliberations?" Adler: "I wouldn't allow that to happen, counsel. I'm a purist who believes there are no experts on juries, just twelve dedicated citizens." Grasso: "You haven't formed any opinion about this case?" Adler: "Not yet. Until evidence and testimony are presented to me, how could I possibly have an opinion?" Person #10 (Mrs. Harris): "I believe everyone has good in them, everybody loses their way." Ted: "Does that belief extend to my client?" Harris: "I don't know. I've seen you on TV saying he had nothing to do with that girl's death. But he was there the night she died. He had some part in it." Ted: "But you don't know he had some part in it because you haven't heard any evidence, is that correct?" Harris: "That's right." Ted: "The law states that you must presume Mr. Avedon didn't kill Jessica Costello unless the prosecution proves differently. You understand that, don't you?" Harris: "Yes, I got that." Ted: "Can you follow the law and presume Mr. Avedon's innocence?" Harris: "I have to." Ted: "Sidebar, judge." Judge: "Approach." Ted: "The Defense challenges Mrs. Harris for cause." Grasso: "The woman said she'd make the presumption of innocence." Ted: "Of course she did. We're in a public forum. The truth is she couldn't presume innocence even if she tried." Judge: "I don't see it. If you want her off you'll have to exercise a peremptory." Ted: "I reserve the right to come back to her." Judge: "Only if something new comes up. I want this jury seated by Christmas recess. Hmm? Step back. We are in recess until three o'clock." Back at the firm, the conference room staff meeting. Arnold: "Bet you spent two hundred dollars on that shirt." Chris laughs: "Eighty-five. Half-price sale at Fred Segal." Arnold: "Oh." Chris: "Wait till you see what I get with my Christmas bonus." Lisa: "You think we're going to get our bonuses this time?" Justine: "We better. I started shopping for a car last weekend." Arnold: "If history prevails, today's the day Ted will pass them out in the staff meeting, first thing." Ted enters. Ted: "Afternoon, folks." They all reply in kind. Ted: "First things first, we're stacked up on Avedon. Let's make sure everything else is covered." Justine gives a look to Arnold. Arnold: "Uh, I have all the, uh, appeals and, uh, motions under control." Lisa: "I'm handling your court appearances and getting continuances where necessary." Louis enters. Louis: "Excuse me, Ted. Richard Cross is here. He'd like a moment. Shall I put him in your office?" Ted: "He can wait in the lobby." Louis leaves. Justine: "I'm fielding client calls. Gary Blondo phoned to say Neil's movie opened yesterday to record numbers." Chris: "Great. Neil could use some good news." Ted: "What did Blondo really want?" Justine: "For Neil to do publicity on `Deadbolt.'" Ted: "The answer is no." Justine: "Got it." Chris: "The studio will be none too pleased. We just sent them last month's bill for Neil's legal services." Ted: "Money well-spent to protect their investment in this movie." Chris nods. Justine: "Leonard Meech wants us to represent him before the State Bar." Ted: "What's the charge?" Justine: "He cut himself in for thirty percent of an estate he was representing. Apparently he also co-mingled the funds with his business account before the old lady died." Ted: "Pass. That's Meech's M.O. and we don't need any more bad press right now. If that's all, we're done." Gets up to leave. "Oh. Almost forgot. Christmas bonuses." Begins handing out envelopes to the associates. "Merry Christmas." They each thank him in turn. "Merry Christmas." They return the greeting. Ted leaves to speak with Cross who is adjusting a light on the Christmas tree in the lobby. "What can I do for you, Richard?" Cross: "I have an associate, a very influential man from Brazil. His son has had some, uh, difficulty here in Los Angeles. I hope that your hard feelings toward me would not prevent you from helping someone in need. So, before I talk to him about you, I needed to see if you would indeed take a referral from me." Ted: "What is it?" Cross: "The boy's a student at U.S.C. A co-ed has made an accusation of date-rape. The kid's young, he's confused, he's, uh, avoiding the issue." Ted: "Meaning he's a fugitive from justice?" Cross: "His father arrives today. May I send him to you?" Ted: "Does he have a name?" Cross: "Roberto Portalegre." Ted: "Have him call me." Cross: "I appreciate this, Teddy. Very festival. I like it." He leaves. Later, at the firm. Ted's walking through the rear area of the offices where the para-legals work. Annie: "Teddy!" She gestures him to come to her at the back entrance to the offices. Ted: "Sneaking in the back way again?" Annie: "Louis' gifts, you forgot them." She hands him a small shopping bag. Ted: "Oh, thanks. What did we get for him this year?" Annie: "A nice collection of stocking-stuffers from Barney's. And a cruise to Mexico." Ted: "If I can get him to take time off." Annie: "Since you brought it up, I realize that Christmas recess is your time to prepare for the trial... " Ted: "I know, I've been thinking about it too. We're going to carve out some real time for the three of us over the holidays, starting with Christmas Eve. No trial. No Neil Avedon. Just you, me and Lizzie." They kiss. Annie: "I'd better go before Louis gets back and realizes there's no Santa Claus." They both laugh. Ted: "I ever tell you how crazy I am about you?" They kiss again. Annie: "Thank you, Santa." She leaves out the back way. Conference room, the defense team meets to discuss the jury selection. Vitalli: "I know we disagree on this, Ted, but I like what I'm seeing with the law professor, Adler. Could become your virtual juror." Neil: "Who's that?" Vitalli: "Your virtual juror is the person who, in effect, becomes Ted's stand-in with the jury during deliberations. I also like this Iverson lady. Problem is, they read neutral on paper." Ted: "Let's see how they do in the room." Louis enters. Louis: "Ted, Mr. Portalegre is here for his two o'clock. I deposited him in your office." Ted: "All right. When are we due back in court?" Chris: "About an hour. I'll grab you then." Ted nods and heads for his office. Vitalli: "I've got phone calls. Meet you downstairs." She leaves. Chris to Neil: "You okay?" Neil: "I'll be better when Bornstein dismisses the case." Chris: "Don't get too high and you won't get too low." He leaves. Ted's office, his meeting with Roberto Portalegre. Ted: "Does this allegation come out of a relationship or stem from a first date?" Roberto: "Mr. Hoffman, Eduardo's twenty years old. And you must understand, this charge, this preposterous thing, could never happen to him at home. A girl wouldn't allow herself to be alone with a man at three o'clock in the morning, drunk, unless she wanted sex. To think, Eduardo's being hunted... " Sighs. "I hope you can help us." Ted: "Where is your son now?" Roberto: "Somewhere safe." Ted: "He'll have to turn himself in." Roberto shakes his head: "I don't want him in jail." Ted: "I understand, but this is a serious charge. If he'll agree to turn himself in, this firm will take the case ??? without a trial, work out a deal for a surrender with quick bail." Roberto: "And then he'll be released?" Ted: "At least temporarily. I make no promises." Roberto: "Understood. Please let me know when I should bring Eduardo to you." Ted: "I will. Pleasure meeting you." They shake hands. Roberto: "The pleasure is mine, Mr. Hoffman. Richard wasn't wrong about you." Takes out an envelope and tries to hand it to Ted. Ted: "What's this?" Roberto: "Fifty thousand dollars. Do your best, for Eduardo." Ted: "I'll send you a bill, Mr. Portalegre. And I'd appreciate it if you'd pay by check." Roberto: "Of course." Puts the envelope away. Portalegre leaves and Louis enters. Louis: "Chris is in the lobby. Anything?" Ted: "I need Lisa right away and open a file on Mr. Portalegre." Louis nods and leaves. Back in court, jury selection continues. Ted: "Have you heard reports that my client and Jessica engaged in consensual sex, maybe even on the very night Jessica died?" Iverson: "Yes." Ted: "How do you feel about that, Ms. Iverson?" Iverson: "I don't feel anything about it, one way or the other." Ted: "Does the fact that Neil is twenty-five years old and Jessica was only fifteen cause you to look at Mr. Avedon in a negative light?" Iverson: "Well, that is quite an age disparity." Ted: "Can you be impartial in light of that?" Iverson: "I think so, yes." Ted: "Professor Adler, does Neil Avedon remind you of any of your students?" Adler: "No one in particular." Ted: "Not even that rare breed to whom things seem to come too easily?" Adler: "No, not at all." Ted: "Thank you." Judge: "Ms. Grasso." Grasso: "I'd like to return to your comments on evidence. What if a blood sample... " When Ted returns to his seat, he and the rest of the defense team whisper their thought regarding Adler and Iverson. Vitalli to Ted: "I'm telling you he's a keeper. He means what he says." Neil: "I don't think he's got a problem with me." Ted: "But he's got a problem. Maybe it's me or Miriam or the judge -- something's wrong." Neil: "Well, the one that worries me is Iverson. That lady looks right through me." Ted: "I'll take another run at her and at Adler." Chris: "Keep in mind we're not near getting dismissed for cause either and we're down to three peremptories." Judge to the defense table: "Excuse me, is this proceeding interrupting you people?" Chris: "Apologies, your honor." Ted: "If I could clear up a few things, Ms. Iverson, you say you work in the family printing business. Is this your husband's company?" Iverson: "My father's. I've never been married." Ted: "I see. Any other siblings?" Iverson: "I have four brothers." Ted: "Do they work in the firm?" Iverson: "No." Ted: "Did they ever?" Iverson: "No." Ted: "You live in the house you were born in, is that right?" Iverson: "I inherited it from my parents. Ted: "Do you live alone?" Iverson: "I'm a single woman, yes." Ted: "Thank you. Judge, may we have a sidebar?" Judge: "Approach. I'll tell you right now, Mr. Hoffman, I don't see a dismissal for cause." Ted: "She can't possibly render a fair verdict. Neil Avedon represents every man who left her behind." Grasso: "He's just trying to save his peremptories." Ted: "Iverson's biased against my client, your honor." Judge: "Maybe. I can't be sure of that unless you interview her further." Ted: "If I ask her any more personal questions and she doesn't reveal her bias, she'll never forgive me or my client." Judge: "Do you want to exercise a peremptory?" Ted: "Not at the present time." Back at the firm. Lisa is at work when she gets buzzed by Lila on the phone. Lisa: "Yeah?" Lila: "Lisa, Deputy DA Bronson, returning your call." Lisa: "Thanks, Lila." Presses the other phone line. "David, yeah. Thank you for getting back to me. I'm representing Eduardo Portalegre. You have a wanted on him for rape. I'd like to get together as soon as possible and nip this in the bud." She listens to him on the phone. "Look, we don't have to hook and jab about this over the phone. Why don't you get out your calendar and we'll set up a time. Do you have any openings this afternoon?" Later at DDA Bronson's office. Bronson: "So, is this your firm's specialty now, boy studs who won't take no for an answer?" Lisa: "How do you know she said no, 'cause she told you? Come on! She presents no visual injuries, no trauma -- you said so yourself" Bronson: "Well if it's not rape then why is your guy on the run?" Lisa: "He's a stranger in a strange land. Look, this is a warbler, David. Let's just resolve it and save everybody a lot of grief." Bronson: "Put something on the table." Lisa: "Let him self-surrender on a book-and-release. You and I agree, in advance, on five thousand dollars bail." Bronson: "He's already on the run -- twenty grand." Lisa: "He's coming in, remember? Let's make it ten and he pleads to misdemeanor assault with a fine and we call it a day." Bronson: "And the victim gets to live with this for the rest of her life. Uh-uh, no deal. Offer up some time." Lisa: "Offer up a case." Bronson: "Oh, I will, I promise." Lisa: "All right, how about this. Give me the book-and-release and he posts ten thousand dollars bail. That way he surrenders and you file any way you want." Bronson: "Deal. Can't wait to meet him." Back in court, jury selection continues. Person #11: "My money says there's going to be a new suspect, wants to free Avedon up and I bet Richard Cross has something to do with it." Judge: "Sir, have you followed this court's admonition since jury selection, not to watch or read anything about the Costello case?" Person #11: "Yes, I have, your honor. Why?" Judge: "Because the court needed clarification, please proceed." Person #11: "Like I said, Richard Cross'll have something to do with Avedon getting out." Grasso: "And you based this theory on, what?" Person #11: "Cross put up his bail, didn't he? Follow the money. What's Forbes say Cross is worth? 400 million? All in multi-national corporations. Now, look at Avedon's new movie. Could it be any clearer?" Grasso: "I'm afraid, sir, it could." Person #11: "Avedon's new movie was partly financed by a Dutch company, shot in Canada, to be distributed by a French corporation. Follow the money." Grasso, nodding: "Mm-hmm." Person #11: "Multi-nationals -- Euro-dollars -- the erasure of economic boundaries? Cross and Avedon are Freemasons." Grasso: "You're referring to the fraternal organization?" Person #11: "I am referring, ma'am, to the secret organization whose goal is one-bank, one-government world. Cross and Avedon are active members. That's why Avedon slips out -- 'cause they don't have time for your little trial." There's been a lot of mumbling and grumbling in the courtroom during his theory. Grasso: "Oh. Now I get it. Your honor?" Judge: "Uh, the court appreciates your insights, sir. Thank you, you're excused." Person #11: "Oh. I'm dismissed, is that it?" Judge: "That's it. The Bailiff will see you out." He rises to leave, the Bailiff at his side. He removes his juror ID badge, slams it down on the seat and begins to leave. Person #11: "Fine. The conspiracy continues." He leaves. Later in Ted's office, Roberto Portalegre brings in his son. Roberto: "Are you sure this deputy district attorney can be trusted?" Lisa: "Absolutely. Eduardo will be booked, printed and bailed out tonight." Roberto to Ted: "And will you be there to make sure everything goes as planned?" Ted: "Ms. Gillespie is more than capable. You can place your full faith and confidence in her." Roberto: "Do I have your assurance that my son will not go to prison?" Lisa: "Nobody could give you that, Mr. Portalegre. Eduardo is facing very serious charges." Roberto: "Then why should I chance losing my son?" Lisa: "Because otherwise he'll remain a fugitive from the law and when they do catch him, he'll face felony charges for fleeing and prison will be a near-certainty." Ted: "You should also know the United States has an extradition treaty with Brazil." Roberto: "Eduardo." He stands up. Eduardo to Ted and Lisa: "I can't thank you enough for your help. This has been a very difficult experience." Ted: "You're welcome." Roberto to Eduardo: "I'll see you tonight, meu." He and his son kiss on both cheeks. Eduardo: "Adios." Roberto: "Mr. Hoffman. Ms. Gillespie." He leaves. Lisa: "Do you have any questions?" Eduardo: "No. I just want to get this over with." Ted: "Follow Ms. Gillespie's instructions and we'll speak tomorrow." Eduardo: "Thank you, Mr. Hoffman." They shake hands and he leaves with Lisa. Lisa: "It's all right to feel a little nervous. It's completely normal." Eduardo: "You have a boyfriend?" Lisa: "Excuse me?" Eduardo: "I see. You don't want to talk about it. Is that because of your attraction to me?" Lisa: "My what?" Eduardo: "I assure you it's mutual" Lisa: "I really hope you're not stupid enough to talk like this in front of the deputy DA." She tries to walk away from him but he prevents her. Eduardo: "Whoa, whoa, whoa -- just a second." Grabs her and kisses her. Chris sees this and comes over to stop him but Lisa manages to push him away first. Lisa: "Don't you ever... " Eduardo: "Hey, you were under the mistletoe!" Chris: "Excuse me! What the hell do you think you're doing?" Comes between them. Eduardo: "You must be the boyfriend." Ted comes over to see what's happened. Ted: "What's going on?" Lisa: "Nothing. It's a misunderstanding." Ted: "You sure?" Chris: "Everything's fine. You better get downtown." He leaves. Ted leaves and before Eduardo leaves, he winks at Lisa. At court, jury selection continues. Grasso: "You've had your own run in with the police, haven't you?" Person #12: (Akeesha Wesley) "Yeah, last year." Grasso: "What happened?" Wesley: "Well, me and my friends were looking for a club in Hollywood and the police pulled us over." Grasso: "Why'd they do that?" Wesley: "They said we fit the description of somebody who'd held up a 7-Eleven." Grasso: "How did that make you feel?" Wesley: "It was no big deal. They did whatever they had to do on their radios and then they let us go." Grasso: "Does that experience lead you to believe that the police mistakenly arrested Neil Avedon?" Wesley: "Not necessarily." Grasso: "Despite you being detained for a crime you didn't commit?" Wesley: "They stopped us because we were black. That doesn't have anything to do with this case." Grasso: "Your honor, sidebar?" Judge: "Approach." Someone whispers in Mark Washington's ear. Grasso: "Challenge for cause. The People's case is based in part on police investigation. The juror has antipathy for the police." Ted: "She just said otherwise." Judge: "I agree. You want her out, Ms. Grasso, exercise a peremptory." Grasso: "We'll keep her at this time, thank you, your honor." Washington steps up to whisper something to Grasso. Neil to Chris: "What's happening?" Grasso: "Your honor, one more piece of business. At this time the People are prepared to go forward with the motion to dismiss the case." Judge: "I'm assuming then you have something new to present to the court?" Grasso: "Yes, your honor, that's correct." Ted: "The Defense has had no opportunity to review whatever it is they're putting forth. We would ask you to retain the original day for resumption." Judge: "We're all here now. Let's see what they have and we'll take it from there." They resume their positions and the judge addresses the court. "Ladies and gentlemen, the court has some unfinished business. If you will follow the bailiffs, we'll see you tomorrow at nine a.m." The courtroom is cleared. Neil: "What's going on?" Ted: "We're resuming the hearing to dismiss." Chris: "Two weeks early, which means they have something." With the jury box and the courtroom cleared, the hearing resumes with Detective Arthur Polson on the witness stand. Polson: "Ms. Gerges' priors led me to think she may have been stalking the Defendant in the days preceding Jessica Costello's murder. I worked back along the Defendant's personal appearances to establish his whereabouts." Washington: "And what did you find?" Polson: "The Defendant was a guest of `The David Letterman Show,' three days before the murder. I requisitioned Ms. Gerges' credit card receipts and found several charges that placed her in Manhattan during that taping and subsequently, up to and including, the day of the murder." Washington: "Detective, would it refresh your recollection as to specifics, if you could refer to your notes?" Polson: "Yes, it would." Judge: "Please do so." Polson, reading from his notes: "`Ms. Gerges charged a meal at `Planet Hollywood' in New York at 6:18, September 20th, the night of the murder. And then attended the eight o'clock showing of `Cats' and returned to her hotel, where she made a long-distance call to Florida from her hotel room at two minutes after midnight.'" Washington: "Did you take any steps to ensure that these charges were, in fact, made by Ms. Gerges and not someone else using her credit card?" Polson: "I flew to New York with a photo of Ms. Gerges. I interviewed the waiters at the restaurant, uh, an usher at the theater and the doorman at her hotel. They all positively identified Ms. Gerges." Ted: "Objection. Hearsay." Washington: "These are statements from percipient witnesses who we can fly out here, if the court sees fit. Detective Polson is merely relating their statements that they could identify Ms. Gerges." Judge: "I'll allow them." Washington: "So, your investigation demonstrates, categorically, that Ms. Gerges could not have been in Los Angeles to commit Jessica Costello's murder. Is that correct, detective?" Neil whispers something to Ted. Polson: "That's correct." Washington: "Thank you. No further questions. Exhibits and affidavits supporting Detective Polson's testimony." He hands the bailiff a number of documents. He, in turn, hands then over to the judge. Judge: "Any cross-examination?" Ted: "We need some time to review these documents, your honor." Judge: "All right, so does the court. Detective Polson, you're excused. I'll rule on this tomorrow morning." As Ted, Chris and Neil leave the courtroom, Neil expresses his worry over Polson's testimony. Neil: "I'm screwed. Totally, completely screwed." Ted: "Take it easy, Neil." Neil: "Teddy, look me in the eye and you tell me this thing is going to be dismissed after just happened in there." Ted: "You're right, Neil, we can expect Bornstein to deny our motion." Neil gets exasperated. Neil: "Oh, man!" Ted: "But it's just one battle in a long campaign." Neil: "Yeah, right." Chris: "You okay?" Neil: "Oh, I'm terrific." Chris: "Why don't you and me hang out tonight?" Neil: "No, it's all right, I'll be fine." He leaves them behind. Later that evening, at the firm. Arnold has been investigating some of the jurors. He grabs some papers to show to Ted. Arnold: "Ted? Ted? Do you have a minute? Can I talk to you about something?" They go to Ted's office. Ted is looking over the papers Arnold has given him. "Neither Mrs. Harris nor the Iverson woman have ever been involved in a civil or criminal action. The same for the professor, however when I ran Westlaw search for any cases he might have litigated, things started popping. Be advised the Westlaw fee for this month will be higher than usual." He points to four separate spots on the paper for Ted. Ted reads: "`Attorney of record, Simon Adler.'" Arnold: "Hmm. Used to be an associate at Sachs-Ballantine." Ted: "Which shows up nowhere in his faculty bio." Arnold: "Exactly. I called a guy I know over there. I clerked with his sister for Judge Connelly. Word is when Professor Adler was an associate he drew second chair on all the big product-liability cases -- humongous clients. He gets a shot at one of his own: Beasley versus Southern Dynamics, his ticket to partner." Ted: "But he blew it." Arnold: "Big time. He cost Southern Dynamics a treble damage award when it should have been a slam-dunk." Ted: "Did Southern think that?" Arnold: "Apparently. They left the firm, took eight mil a year in billables with them. Adler was forced to resign, couldn't get arrested at any firm in town. My friend, he told me the, uh, litigators at Sachs still refer to screw-ups as `laying an Adler.'" Ted: "So he packed his bags and check into academia." Arnold nods. "Good work, Arnold." Arnold: "Glad to be of help. I'll just, uh, I'll leave that with you." Ted: "Thanks." Louis knocks and enters. Louis: "Ted. Line 3, it's about Neil Avedon." Ted picks up the phone: "This is Ted Hoffman. Where? Thanks for the call." Chris enters. Chris: "Louis buzzed me." Ted: "That was Neil's girlfriend. His phone's been off the hook for over an hour. We'd better get out there." They leave together and drive out to Malibu, Neil's apartment. Ted knocks but they find the door open and call out to him. Chris: "Neil? Neil? Ne-... Teddy." He spots Neil, facedown on the floor. "Neil, you okay? Come on, Neil, let's get you over." Ted finds an empty bottle of alcohol near him. Neil is moaning at being disturbed. "Come on, let's get you up." Neil mumbling: "I can't go anywhere." Chris cradles him in his arms and Neil finally opens his eyes. "Hi, Chris. Teddy." Chris: "Easy now." Neil: "Oh, man, I messed up!" Chris: "It's okay." Neil: "I messed up, man." Chris: "Uh, I'll stay with him." Ted: "You sure?" Chris: "Yeah. He'll be in court tomorrow." Neil mumbles to himself. Ted: "Call me if he needs anything." Chris: "Yeah." Neil mumbling: "What'd I do? What'd I do?" The next morning, Chris and Neil arrive at court. The press tries to get some pictures and shouts questions at them but they move on to meet Ted. Neil: "You have every right to be mad at me." Ted: "In here." They enter one of the empty rooms. Neil: "I left here last night intending on going straight home. All I did was stop at the Canyon Market to get something to eat. The guy in the deli won't even look at me. There's an older woman staring at me like I'm dirt. I'm on the check-out line, there are two girls my age. They see me, they put down their stuff and they walk out. I figure, screw it, went and got a bottle of scotch and went back to my place. You know the rest." Sighs. "I know it's a broken record. I'm, I'm sorry." Ted: "You're sober now and that's what counts. One day at a time. Let's go." They head into court to hear Judge Bornstein's ruling on the motion to dismiss. Judge: "I have reviewed the Prosecution's exhibits and affidavits on the Defense's motion to dismiss this action. I find them wholly authentic and dispositive. Therefore I'm denying the Defense's motion and excluding the Holly Gerges letter from evidence. Bailiff, bring the jury in." Chris whispers to Neil: "Take a deep breath. We're no worse off than we were before." Neil nods as the juror reseat themselves to resume the selection process. Grasso: "Do I understand you correctly? You think that by living a promiscuous life, Jessica Costello was partially responsible for her own death?" Harris: "Yes, I do. But that doesn't mean I blame her." Grasso: "Could you explain the distinction?" Harris: "I'm angry at my own daughter for living with her boyfriend. That doesn't mean I think she deserves any trouble that might come her way." Vitalli has gone over to Ted and whispers a question for him to ask this juror. Grasso: "The People have no challenge for cause to Mrs. Harris." Judge: "Mr. Hoffman?" Ted: "Mrs. Harris, forgive me for being personal but, uh, is your daughter's boyfriend older than she is?" Harris shakes her head: "They're the same age, eighteen." Ted: "Is he an actor?" Harris: "He's a mechanic." Ted: "Do they do drugs together?" Harris: "I would hope not." Ted: "As would any parent." Mrs. Harris nods. "Thank you. A moment, judge." He sits down again to confer with Vitalli. "Well, she gave me all the right answers." Vitalli: "I think she's got an unconscious agenda. Convict Neil and she teaches her daughter a lesson." Neil: "I'm getting the same vibe. Let's lose her." Ted: "Your honor, the Defense exercises its peremptory as to Mrs. Harris and thanks and excuses her." Judge: "The Defense realizes it has no other peremptories?" Ted: "We do." Judge: "You're excused, ma'am. Thank you for your time." Ted: "Ms. Iverson, you write in your questionnaire that you've read accounts of Mr. Avedon's relationship to his family?" Iverson: "In passing, yes." Ted: "And most of those accounts paint my client as an irresponsible playboy who abandoned his family, don't they?" Iverson: "Generally, yes." Ted: "Would you be surprised to know that Mr. Avedon has financially supported his family since he was fifteen years old?" Grasso: "Objection, your honor. Counsel is giving character testimony." Ted: "I'm trying to determine what Ms. Iverson has read or heard about Mr. Avedon." Judge: "I'll allow it. The juror may respond." Iverson: "I wasn't aware he supports his family, no." Ted: "If we present facts that show a different picture of Mr. Avedon than in the media, would you change your impression of him?" Iverson: "I don't know." Ted: "Are you at least open to the possibility?" Iverson: "I'm open to anything." Ted looks at Bornstein who shakes her head. Ted: "The Defense presents no challenge to Ms. Iverson." Adler: "I did write on my questionnaire that I'm found of detective novels but that's like working crosswords puzzles for me. Rest assured that I would confine myself in my deliberations to the evidence presented in the case." Grasso: "Thank you, professor. The Prosecution has no challenge to Professor Adler." Judge: "Mr. Hoffman?" Ted: "Before you were a legal scholar you were a litigator, is that right, professor?" Adler: "That was a long time ago." Ted: "Did you enjoy trial work?" Adler: "Not particularly, no." Ted: "Any special reason?" Adler: "I simply prefer academia." Ted: "Was there any one case that stands out in your recollection as having had a particularly negative impact on your career as a litigator?" Grasso: "Objection. Beyond the scope of voir dire." Ted: "If the court will indulge me here, I need to know if the professor harbors any prejudice toward the system, or toward trial lawyers, in particular." Judge: "I'll allow it but get to it, Mr. Hoffman." Ted: "You were lead counsel in a case by the name of Beasley versus Southern Dynamics, were you not?" Adler: "I was an associate at the time." Ted: "But `you' tried the case?" Adler: "Yes." Ted: "How did you do?" Adler: "Not very well." Ted: "You left the firm very soon after that case." Adler: "Uh, that's not why I left." Ted: "But you're leaving wasn't entirely voluntary, was it, professor?" Grasso: "Objection." Ted: "Withdrawn. Do you ever miss it?" Adler: "Never." Ted: "Doesn't bother you to be so learned in jurisprudence and at the same time to be outside of it?" Adler: "I don't consider myself to be outside." Ted: "Outside the fray, is what I meant." Adler: "What you meant? I know what you mean. No, I, I don't deal with the life-and-death matters any more. I'm not asked to go on TV and talk about the pressing legal issues of the day the way you are. Am I suffering because of that? No! You're good at what you do. And I'm good at what I do." Ted: "You are indeed." Adler: "I would rather be where I am and who I am than strutting around a courtroom in your two thousand dollar suit, twisting and obfuscating and distorting facts and logic and common sense, all to protect a client, who more likely than not, is also filthy rich and guilty as sin. It's a game to you, counselor. It is not a game to me." Ted just stares at the man. Grasso smiles. And finally the professor realizes what he's just done. Ted: "Your honor, the Defense challenges Professor Adler for cause." Judge: "Granted. The court excuses you, sir, and thanks you for your time." Adler gets up and leaves. The remaining jurors are sworn. Bornstein reads: "`Do you and each of you, understand and agree, that you will accurately and truly try this case now pending before this court. And a true verdict render only according to the evidence presented to you and the instructions of the court... '" The jurors: "I do." Judge: "I remind you again not to read or watch anything having to do with this case or to discuss it with each other or anyone else. Enjoy the holiday. The court expects you back here at nine a.m. on January 4th, for the commencement of trial. We are adjourned." Ted: "Merry Christmas and Happy New Year, Miriam." They shake hands. Grasso: "Same to you, Teddy. I've a feeling the new year's going to be a very interesting one, don't you?" They leave the courtroom together. Back at the firm, Lisa knocks at Ted's open door and enters. Lisa: "Eduardo Portalegre? The DA's just called. The charges have been dropped." Ted: "Nice work." Lisa: "The girl recanted. I had nothing to do with it." Louis knocks and delivers a message. Louis: "Roberto Portalegre is here." Ted: "Show him in." Roberto: "Mr. Hoffman. Ms. Gillespie. I couldn't leave town without thanking you for helping my son. Your firm is every bit as effective as Richard Cross promised." Ted: "Actually, the girl is the one you should thank. She suddenly and inexplicably refused to cooperate with the prosecution. Without her, they have no case." Roberto: "You saw to it justice was served. May I continue to call upon you for counsel?" Ted: "Of course." Roberto: "Excellent. I can find my own way out." He shakes hands with Ted. "Ms. Gillespie." He leaves. Lisa: "You know, if he was going to pay that girl off all along, what did he need us for?" Ted: "Good question. Go home, Lisa." Lisa laughs: "Okay. Merry Christmas. Oh, and, thanks again for the bonus." Ted nods and smiles. She leaves. As she walks along the corridor, Eduardo appears with flowers for her. Eduardo: "Lisa? For you." Presents the flowers to her. "Please accept these, not as recompense for my poor behavior the other day -- I was a boor -- but as a token, for my respect and esteem for you." Lisa accepts the flowers. Chris has seen Eduardo come in and has drawn closer. Lisa: "They're beautiful." Eduardo: "And my apologies to you, sir, for any discourtesy on my part. It's Chris, isn't it?" Chris: "Yeah." Eduardo: "Chris, sometimes I need to be reminded that the way a man acts where I come from crosses a line in a more refined culture like this one. I assure you, I meant no slight." Offers his hand to Chris. Chris takes it and they shake. "A joyous holiday to both of you. And health and happiness in the new year." He turns to leave. Lisa: "Merry Christmas." Eduardo turns back: "And to you." He leaves. Lisa: "That was nice of him." Chris: "You didn't buy that phony routine?" Lisa: "He apologized." Chris: "Oh, yeah. All he needed was a cape and a wind machine." Lisa: "Oh, stop." She smells the flowers. Chris: "You give me ten minutes alone in an elevator with that grease-ball, he won't be forgetting his manners again any time soon." Lisa: "You know what, let's not have this conversation." Chris: "That's fine by me." He returns to his work. Lila returns to her desk. Lila: "Ooh, pretty!" Lisa: "Take them home with you." Lila: "Oh, I couldn't." Lisa: "No, really. I'm going to Hawaii for the holidays. Why should they sit in my apartment shriveling up when you could be enjoying them." Lila: "You sure?" Lisa: "Absolutely." Lila: "Thank you. Hey, um, what part of Hawaii are you going to?" Lisa: "The big island." Lila: "Well, you and Chris have a great time. I know what's up. I see a lot from this chair. Relax, I won't say a word." Lisa laughs and walks away. The Hoffman household. The family decorates the Christmas tree. Lizzie: "Dad, can we put lights in the front window?" Ted: "I don't see why not." The doorbell rings. Annie: "You want to get that, Ted?" He goes to answer the door. Lizzie: "Mom, have you ever seen snow in person?" Annie: "In person? Lots of times, honey." Lizzie: "Grandma says maybe when she gets here we can all drive up to the mountains for a day." Ted: "We have a visitor." It's Neil, with presents for everyone. Neil: "Hi, Mrs. Hoffman." Annie: "Hello." Neil: "You must be Lizzie. I, uh, brought these for all of you." Shows them the bag of presents which he gives to Annie. Annie: "Thank you." Neil: "Well, I just thought I'd drop them by." Lizzie: "Can Neil help us put the angel on top of the tree?" Neil: "I can't stay, Lizzie. Merry Christmas." Lizzie: "Merry Christmas." Neil to all: "Merry Christmas." Ted: "Merry Christmas." Neil turns to leave. Annie: "Neil?" He turns back. "What don't you stay and help us decorate the tree?" Neil: "I wouldn't want to intrude." Annie: "We'd love to have you." Ted smiles at Neil. Neil: "Are you sure?" Annie: "Yes." Neil: "Okay. Thank you." Annie takes his arm and brings him to the tree. Lizzie: "Here." She hands the angel to Neil. Neil: "Wow. Look at her." He puts the angel on top of the tree. [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: Angela Scott Black Female Vanessa Zima Elizabeth Hoffman Paul Goodman Actor David Fresco Retiree Victor Bevine Chef Juney Smith Black Male Alexia Robinson Akeesha Wesley Victor Gardell Latino Susan Christy Caucasian Female Director of Photography: Anthony R. Palmieri 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: Mary Ann Newfield 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. Supv. Sound Editor: Dave Weathers Music Editor: Barry Moran 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 Miles of Fun Sound Presented in Dolby Surround Lenses & Panaflex (R) camera by Panavision (R) Copyright (c) 1996 Steven Bochco Productions #7111 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.