Murder One Season One - Chapter Twelve U.S. air date: January 22, 1996 (Complete transcript) - [Final version] ======================================================================= 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" THE JURY IS SEATED - Narrator's voice-over: "Jury selection is completed." Clip of Judge Bornstein swearing in the jurors. Judge: "`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." TRIAL HITS HOME - Narrator's voice-over: "The murder trial hits home." Clips of Ted with Lizzie and Annie. And clips of Ted with the press. Annie: "I don't want this case and everything that comes with it in our home. With all the theatrics and media hoopla, it's show business. Crime is entertainment. Everybody's a celebrity." Lizzie: "Daddy, look, you're on tv." On the TV: "... over this senseless tragedy." THE OFFER - Narrator's voice-over: "Richard Cross makes Justine an offer she can't refuse." Clips of Cross and Justine discussing the art deal. Cross: "What's your favorite fantasy?" Justine: "Excuse me?" Cross: "It's just that I see you doing so much more than being Ted Hoffman's junior partner." Clip of Justine discussing Cross' offer with Ted. Justine: "He wants me to fly to Amsterdam to buy some painting. Made a big show of wanting it to be all right with you." Ted: "It's not." Justine: "I know this isn't about art. But I could be your inside guy on this." Ted: "Tell Richard you aren't interested." Clip of Justine accepting Cross' offer. Cross: "Do we have something to celebrate?" Justine nods. "Excellent." Justine: "Only about Ted, I would just like to choose the right time to tell him about this." Cross: "I'm sure you'll tell Ted when you're ready." CHAPTER ELEVEN Opening scene: Outside the courthouse. The press corps and fans anxiously are awaiting the arrival of Neil and his defense team in a van. Reporter #1: "Good morning. Is there any chance for a last-minute plea bargain?" Ted: "Not interested." Reporter #2: "Have you foreclosed the possibility of an insanity defense?" Ted: "Yes, we have." Reporter #3: "Any truth to the rumor that additional counselors will be brought in?" Ted: "None that I know of." Reporter #4: "Are we going to get the opening statements today?" Ted: "Yes, I'm sure we will." Reporter #5: "How do you feel, Neil?" Neil replies by giving them a thumbs-up gesture as he and his attorneys enter the courthouse. Inside, the men's restroom, Neil is feeling nauseous. Chris and Ted are with him. Neil: "Ugh. It's okay. I don't have to." Ted: "You sure?" Neil: "Yeah." Ted to Chris: "Stand outside and make sure no one comes in." Neil goes over to the sink, drinks some water and splashed some more on his face. Ted grabs some paper towels and dries Neil's face. "Look at me. When all is said and done, and that may mean a trial, and that may mean a trial and an appeal -- you're going to be all right." Neil: "Why do I get the feeling that's what you're supposed to say to a terrified client?" Ted: "I don't say it unless I believe it." Neil: "Teddy, I don't think I can get through this." Ted: "You can get through it, Neil. You can get through it because you're stronger than you think you are and because I'm going to be by your side the whole time." Takes Neil by the shoulders, trying to reassure him. "This is what I do, Neil. This is what I'm good at. Now you're going to depend on me and you're going to put your faith in me and you will come out on the other side. I promise." [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: Joe Spano as Raymond Velacek Linda Carlson as Judge Beth Bornstein Ted Marcoux as Richard DiGiacomo Nancy Cassaro as Mona Feigenbaum Mariangela Pino as Gretchen Jankow Ned Vaughn as Dean Crowley Philip Sterling as Frederick Hartman Vanessa Zima as Elizabeth Hoffman Jason Azikiwe as Eddie Rosco Juli Donald as Julia Antonelli 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 William M. Finkelstein & Charles H. Eglee Directed by Rick Wallace ------------------------ In court, the Avedon case, the Prosecution makes a motion prior to opening statements. Judge: "Ms. Grasso?" Grasso: "Thank you, your honor. The People do have a motion to offer." Judge: "Proceed." Grasso: "Your honor, the People at this time would like to move that television cameras be banned from the courtroom for the duration of this trial." Ted: "The Defense does not oppose Ms. Grasso's motion, your honor. We support the elimination of cameras from the courtroom." Judge: "Reasons?" Ted: "I'll defer to my colleague to state the reasons." Grasso: "Your honor, we believe the presence of cameras, rather than accomplishing the stated purpose of illuminating a trial, has the effect of distorting it. We believe that attorneys as well as witnesses, either consciously or unconsciously, play to the cameras. We believe that because this is an unsequestered jury, they will be that much more hard-pressed to avoid the ubiquitous commentary and speculation that follows a televised trial. And given the magnitude of public interest in this case, we believe that the presence of cameras will transform this trial into a spectacle, which ultimately will betray rather than serve the interest of justice." Attorney: "May I be heard, your honor?" Judge: "State your name and who you represent for the record, please." Attorney: "Mona Feigenbaum. I'm an attorney for Law TV and I'd like to be heard on opposition to Ms. Grasso's motion." Judge: "Go ahead." Attorney: "The principle of open, public trials is a basic right in this country, guaranteed by the Sixth Amendment. Yes, this is a trial in which there is a great deal of public interest, and yes, Law TV is a profit-making enterprise which stands to gain from being permitted to televise it. What I would argue is that by doing so we are fulfilling the same function as that of the rest of the working press -- namely, the transmittal of information protected by the people's right to free speech." The judge attempts to say something but the attorney just continues. "Like it or not, television is the means by which the vast majority of the citizens of this country receive their news. We don't believe that we distort the process, we believe we're part of it." Grasso, no longer able to hold back, begins chuckling and Chris feigns as if he's impressed by what the attorney is saying. "We have full faith in the ability of this court to ensure the appropriate standards of behavior for both attorneys and witnesses and we have full faith in the court to assure the proper administration of justice. What Ms. Grasso and Mr. Hoffman are asking for, in essence, is to be shielded from the public view. We ask the court not do that. We ask that the court not shoot the messenger than for no other reason than how effective a messenger he is." Judge, finally able to interrupt: "All right, Ms. Feigenbaum, you're not testifying before a congressional committee -- I get the point. The court denies the motion. Live television coverage will be permitted. Coverage will be restricted to when the jury is present. The jury will not be shown on camera, ever. There will be one camera and one camera only which will serve as the pool camera for all television coverage." Grasso interrupts: "Your honor, may I be permitted to speak to this issue?" Judge: "No." Grasso: "Your honor, may I be permitted to submit additional points on authority?" Judge: "I've ruled, Ms. Grasso. I think that on balance, television coverage is in the public interest." Attorney: "Your honor, may I say that... " Judge interrupts: "Nothing, Ms. Feigenbaum, you won. Take yes for an answer. We'll take a fifteen-minute recess. We'll begin opening statements at 10:30." As Ted leaves the courtroom he runs into Ray. Ray: "Ted? What's up?" Ted: "What do you know about Roberto Portalegre?" Ray: "Hum at D.E.A. is he's a broker for the Cali Cartel -- money, drugs, arms -- with a finger into Cuba, South Africa and the Middle East. Why are we interested?" Ted: "He paid me fifty thousand dollars ostensibly to represent his son, only to buy off the complainant on his own. Something doesn't add up." Ray: "He was also referred by Richard Cross, wasn't he?" Ted: "Right." Ray: "That's all the reason you need to be suspicious. I'll see what else I can dig up." Ray leaves. At an outdoor cafe, Justine is there to meet Richard Cross. At the food cart, where she's ordering a coffee, she watches a commentator on Law TV. [TV] Commentator: "Jurors tend to pay close attention to the person in the courtroom who commands the most respect." [TV] Crowley: "And Ted Hoffman wants to be that person." [TV] Commentator: "If Ted Hoffman does take control, as he usually does, it will be quietly." Vendor: "Double latte." Justine: "Yes." Pays for her coffee. Turns and spots Cross arriving. [TV] Crowley: "Is it as important for Miriam Grasso to get control of the courtroom as it is for Ted Hoffman?" [TV] Commentator: "The prosecution is usually driven by... " Justine joins Cross at their table. Justine: "Hi." Cross: "Hi, I hope I didn't keep you waiting." Justine: "No. Just got some good news. The dollar is rebounding against all the European currencies so if you were to close on that Holbein painting today, the price would only be ridiculous instead of obscene." Cross smiles. Cross: "Good. If the dollar takes a wrong turn, I can live with obscene. Uh, but the reason I wanted to see you has to do with a different matter." To a passing waiter, "Can I get a double espresso, please?" Justine to the waiter: "Nope, I've already had my morning jolt." Cross: "Thank you." Waiter leaves. "Is Teddy okay?" Justine: "As far as I know. Why?" Cross: "Well, I'm worried about him. As you know, Ted and I have been friends for a long time. Regrettably the events over the last few months have put a strain on our friendship, to put it mildly. My hope was that everything would work out. But recently he has, um, made some hurtful and even frightening... " Justine interrupts: "We're getting into an area here, Richard, I really don't feel comfortable talking about with you." Cross: "Understood. You don't want to say anything that would violate Neil's privilege and I don't want you to. I'm just trying to understand why Ted feels the need to vent his spleen on me over everything and anything that upsets him." Justine: "You want to talk about Flemish painting, fine, that relates to our business together -- this doesn't." Cross: "Justine, I'm sorry, I just don't know who to talk to. The line of communication between Ted and me has broken down completely and I'm left to ponder the delusional rantings of someone that I once considered a friend, so... " Justine interrupts: "It's really between you and Ted. If you want to know what's on his mind, you'll have to ask him yourself." Cross smiles. Cross: "I hope you're as discreet in your business dealings with me as you are with those of Hoffman and Associates." Justine: "Well, I should be getting to work." About to get up and leave. Cross stops her: "I made you feel uncomfortable. I'm sorry, I didn't mean to. I guess I just needed to vent a little bit myself. You've been a good listener, thank you." Justine rises and leaves but at the food cart, Lisa is waiting on line and has just seen Justine leave Cross' table. Back in court, opening statements begin. The Prosecution goes first. Grasso to the jury: "Good morning, ladies and gentlemen. I work for the District Attorney's office of the county of Los Angeles and I represent the people of the state of California. I represent you. One thing I want to advise you of right from the start, I am not anywhere near as entertaining as Ted Hoffman is. I'm not entertaining. I'm not flamboyant. And I'm not famous, like Neil Avedon. I think it's hard not to be blinded by celebrity, don't you? I don't know of anyone who's not impressed at the sight of seeing famous people, in person. You know what it's like in this town, you go to a restaurant or a store -- there's Clint Eastwood or Mary Tyler Moore or someone like that. And it, it just makes the whole experience a little bit special. And I'll be honest with you, I would love to be meeting either of these people under different circumstances." Ted leans over to whisper to Chris. "I'd love to go to dinner with Ted Hoffman, hear his war stories. I'll admit it. I would love to sit at Spago's at a table with Neil Avedon and have people ogle me just because I'm with him. But that's not our business here today, ladies and gentlemen. Our business is much more serious. Much more sad. And it's also, much more important." Ted interrupts: "Your honor, I have to object at this point." Judge: "Approach the bench." Ted: "This is an attempt on the part of the Prosecutor, who has the majesty of this state behind her, to cast herself in the role of the underdog. It's irrelevant to the facts of this case, it's untrue and I object to her use of it to pander to this jury." Grasso: "Your honor, this is opening statement rhetoric. Mr. Hoffman knows that. Mr. Hoffman has registered his objection for no other reason than to interrupt me. Now that he has completed his task I would ask the court to permit me to resume." Judge: "You keep to the facts of the case, Ms. Grasso. You, Mr. Hoffman, I remind not to keep jumping in with gratuitous objections. Hmm? Proceed." Grasso: "My opening statement provides me with the opportunity to give you a roadmap, where the People are going with this case and how we intend to prove it. It's a simple case, ladies and gentlemen. There's nothing complicated about it at all." She turns and points directly at Neil. "This man raped and strangled to death a fifteen-year-old girl." Neil looks at the jury and shakes his head. "The evidence will place Neil Avedon at the scene of the crime on the night in question. The evidence will prove beyond a reasonable doubt that he committed the crimes he's charged with. We will provide you with scientific evidence that he vaginally penetrated her and evidence that was found in the bedroom indicates there was a struggle. We will demonstrate to you that this was a fifteen-year-old who was bound and beaten and raped before she was killed. He did that to her. Jessica Costello's character may be an issue in this trial raised by the Defense. Defense counsel will try to make `that' what this trial is about. He will say that this was consensual sex, that this young girl in fact wasn't raped. She couldn't have been raped. After all, look at who she was -- someone who abused drugs, someone who was promiscuous. My adversary will put her on trial. Don't let him do it. Nobody deserves to be raped and murdered. And nobody deserves to get away with raping and murdering them, no matter how famous they may be." Back at the firm, Justine watches Law TV in her office when Lisa drops by for a chat. Dean Crowley, host of Law TV is summing up the day in court. [TV] Crowley: "During her opening statement this morning, Miriam Grasso gave us a preview of the Prosecution's case against Neil Avedon -- the physical evidence linking him to the murder, and the time line which places him at the crime scene when the murder is thought to have taken place." Lisa: "Hey." [TV] Crowley: "She also asked the jury... " Justine: "Now tell me you don't think he's a doll?" Pointing to Crowley on the television screen. [TV] Crowley: "... what Grasso clearly anticipates will be a key defense... " Lisa: "Well, there's definitely something there but I don't know, maybe just that red hair and freckles thing doesn't work for me." Justine: "Good, then he's all mine." [TV] Crowley: "... great risk, thereby raising the possibility of other suspects." Justine shuts off the TV. Lisa: "Justine, um, this is probably none of my business, so I apologize if I'm crossing a line here because I'm sure there's a perfectly reasonable explanation." Justine: "What's the question?" Lisa: "I saw you having coffee this morning with Richard Cross." Justine: "We had to take care of something from Julie Costello's DUI." Lisa: "Wasn't that case dismissed?" Justine: "You know what, Lisa, you're right. This is none of your business." Lisa: "I, I just don't want to see you or the firm compromised in any way by even the appearance of impropriety." Justine: "What's your point?" Lisa: "Look, for all we know Miriam Grasso is going to call Richard Cross as a witness and it's not exactly a secret that Ted doesn't trust him as far as he can throw him." Justine: "And your fear is what? That I'm having an affair with him or something?" Lisa: "I didn't say that. And even if it was, I couldn't care less what you do with your private life." Justine: "Apparently you care a great deal." Lisa: "Look, Justine, I'm not trying to be a cop here. I just think that given the given... " Justine: "You don't think it looks good." Lisa: "Right." Justine: "I understand. Appearances mean a lot to you, Lisa. But just because Chris Dochnovich doesn't appear to be putting the wood to you doesn't mean he isn't." Lisa leaves. Justine sighs and turns the TV back on. Law TV has live coverage of the Avedon trial and is showing Ted's opening statement. [TV] Ted: "My name is Ted Hoffman. I say that in the event I'm not as famous as my adversary has accused me of being." Scene switches from the TV coverage to the actual courtroom. Ted: "I ask only one thing of you as we go into this trial: please keep an open mind. Things are not always what they appear to be. The reason why we have this thing called `the presumption of innocence,' the reason we hold prosecutors to proving their case beyond a reasonable doubt, the reason we have this courtroom and this trial and the twelve of you -- is to provide checks and balances so the police don't arrest the wrong man. We try very hard to prevent innocent men from being sent to prison. The man you see before you, Neil Avedon, is innocent -- until evidence if produced that convinces you of his guilt beyond a reasonable doubt." A bailiff has just handed the judge a note. "Before you can convict him of first degree murder you must require Miriam Grasso to prove that he is guilty. And to prove it beyond a reasonable doubt." Judge: "Excuse me, Mr. Hoffman, for interrupting you. I'd like to see both sides in chambers, please." They all gather in Judge Bornstein's chambers. Ted: "Your honor, I trust this interruption isn't a retaliatory gesture of some sort on the part of Ms. Grasso." Judge: "Your daughter's been abducted, Ted." Grasso: "Oh my God." Ted is shocked. Judge: "I'm declaring the court in recess for the day. You need to get home." Ted and Chris rush out of chambers and into the hallway. Chris: "Teddy, if there's anything I can do... " Ted: "Stay with Neil." Polson meets up with Ted. Polson: "Hoffman." Ted: "Not now, detective." Polson: "I've got a black-and-white standing by downstairs to take you home and I've spoken with the chief." Ted presses the button for the elevator and nervously awaits the car to arrive. "He's put S.I.S. assets at our disposal and metro's standing by to field a SWAT call, if necessary. Response team of detectives from West LA is en route to your house now." Ted: "Thank you." Elevator arrives and Ted enters it. Polson: "Whatever our differences, I'm a father too. I'll keep a good thought for your little girl." At the Hoffman home, detectives are there with Annie, awaiting word on Lizzie's abduction. Ted arrives. Ted: "Annie!" She's crying. "What happened?" Annie: "I went to pick up Lizzie after ballet but she never even made it to class. One of her friends saw her get into a strange car and drive away. Oh, Ted, if anything's happened... " Ted: "Let's try and stay calm, huh? Let's not get too far out in front of things." Annie: "This has something to do with the case, doesn't it?" Ted: "Annie, I don't know." Annie: "Just tell them you'll walk away right now, just give us our little girl back! I want her back, Ted!" She's sobbing as Ted tries to comfort her. She pushes away from him and runs upstairs. One of the detectives introduces herself to Ted. Jankow: "Mr. Hoffman? Gretchen Jankow." They shake hands. Ted: "Detective." Jankow: "I know this is an upsetting time for you both." Ted: "I'm sure you're doing all you can." Jankow: "We have an officer interviewing your daughter's friend right now. Also, we'll monitor your phone, put a trap on your line to locate incoming calls... Mr. Hoffman, do you think this could be related in any way to the Avedon case?" Ted: "I honestly don't know." Jankow: "Have you received any threatening phone calls, letters?" Ted: "Nothing out of the ordinary, just the usual crackpots." Jankow: "Well, if you think of anything and it could be helpful... " The phone rings. Ted answers it. Ted, on the phone: "Hello?" Annie rushes to be near Ted. "Lizzie." He sighs. "Are you all right? Where are you, sweetheart?" Annie: "Where is she? Is she okay?" Ted to Gretchen: "Holmby Park on Beverly Glen." Again to Lizzie on the phone, "Honey, are you by yourself there? Okay. Stay right where you are, mommy and I are coming to get you." Annie: "I want to talk to her." Ted: "Here's mommy." Hands the phone to Annie. Annie: "Lizzie? Are you okay? Thank God." Gretchen: "Don't let her hang up. Keep her on the line till we get someone there." Annie: "I, I want you to listen to me very carefully, honey. Don't hang up. Daddy and I will be there in a few minutes. I, I'm going to give the phone to a police detective and you tell her what happened. No, no, no, no! Don't be scared! You didn't do anything wrong! I love you!" She and Ted hurry to a police car and rush to the park where Lizzie is. Another police car with officers is already at the scene with Lizzie. Annie runs from the car to meet up with her daughter who's with a police officer. She carries the girl as she relates what happened to her. Lizzie crying: "The lady said she was with the police and daddy sent her to pick me up. Please don't be mad at me. She had a badge and everything." Ted: "Nobody's mad at you, honey. We were just worried about you, that's all." He kisses his daughter. "Come on, let's go home." Annie puts her down and they head back toward the police car and home. At home, they go over what happened in more detail with Gretchen Jankow and Arthur Polson. Gretchen: "Shall I call you Elizabeth or shall I call you Lizzie?" Lizzie: "Elizabeth." Gretchen: "Okay, Elizabeth. I'd like you to call me Gretchen. Okay?" Lizzie: "Okay." Gretchen: "I'd like you to tell me what happened." She and Polson take notes throughout. Lizzie: "I came out of school and a lady called me over to her car. She told she was a police woman and that she was going to take me to meet my dad." Gretchen: "Can you tell us what she looked like?" Lizzie: "She wore a red jacket and she was pretty." Gretchen: "What color hair did she have?" Lizzie: "Kinda light brown." Gretchen: "Did she say what her name was?" Lizzie: "Linda." Gretchen: "Okay, that's great. You remember a lot. Okay, you got inside the car -- then what did you do?" Lizzie: "She drove around." Gretchen: "Do you remember where she went?" Lizzie: "We went to Jack in the Box." Gretchen: "Wow. Did you get out of the car and go inside?" Lizzie: "No, we stayed in the car. She ordered into the clown's mouth and we ate in the car." Gretchen: "Do you remember what kind of car it was she drove?" Lizzie: "It was like Sheila's mom has." Gretchen to Annie: "What kind of car is that?" Annie: "Oh, it's, um, it's a wagon." Ted: "A station wagon?" Annie: "Not, not the old kind of station wagon." Polson: "A sports utility vehicle?" Annie: "I don't know." Gretchen: "If you could find it, that'd be great." Annie heads to the phone to call up the woman and find out. To Lizzie, "Okay, Elizabeth, did Linda talk to you a lot?" Lizzie: "Yeah, she asked me about school. She asked me what movies I liked and she talked on the phone a lot." Gretchen: "Do you remember what she was talking about when she talked on the phone?" Lizzie: "It sounded like business stuff. I really don't know." Gretchen: "Well, that's okay." Lizzie: "I remember that she wrote down numbers on a piece of paper that was on the front seat and the piece of paper was yellow and black." Polson: "Was it a folded-over piece of paper?" Lizzie: "Yeah." Gretchen: "Rental car folder." Polson: "Yellow and black is Hertz." Annie returns to the table where they are sitting. Annie: "She has a Ford Explorer." Lizzie: "Are we almost done?" Gretchen: "Yeah. But I want you to promise me something. If you remember anything, no matter how silly you think it is, I want you to call me. Or I want you to get your mom and dad to call me, okay?" Lizzie: "I remember one thing. The car reached a thousand." Gretchen: "What do you mean?" Lizzie: "I watched it go from nine hundred and ninety-nine to a thousand." Polson: "Narrows it down some." Gretchen: "Hmm. You have been a lot of help, Elizabeth, a lot of help. You're very observant." Polson: "May I talk to you for a minute, Ted?" Ted: "Sure." They both rise, move away from the table and head out the back way of the house. Polson: "Any theories?" Ted: "They weren't looking for money. Somebody's sending me a message." Polson: "Who should we be looking at?" Ted: "It's a little premature for me to be naming names." Polson sighs: "We're going to need your help if we're going to crack this case." Ted: "I appreciate you're getting involved, detective." Polson: "Just doing my job." Ted: "It's a little bit more than that, so I thank you." Polson nods and leaves. The next day, Grasso, Ted and Neil, meet with Judge Bornstein in her chambers. Judge: "How's your little girl?" Ted: "She's back, she's home and by all outward appearances, she's fine." Grasso: "Thank God for that." Judge: "Do you need some time?" Ted: "No." Judge: "You sure?" Ted: "Yes. Thank you, your honor, for your concern. I'm fully capable of proceeding." Judge: "Let me put the same question to you, Ms. Grasso. This is not a sequestered jury. I'm sure they're all aware of the abduction. To the extent it makes Mr. Hoffman unduly sympathetic in its immediate aftermath, do you want to stand in recess until next week?" Grasso: "I don't think that'll be necessary, your honor. Now that the jury's impaneled I'd sooner move ahead." Judge: "Okay, let's go." Back in court, Ted resumes his opening statement. Ted: "I'm sure all of you know that yesterday was a difficult day. And I'd like to thank Ms. Grasso and Judge Bornstein for your understanding. Some of you may be under the impression that a defense attorney is somehow sympathetic to criminals. Let me disabuse you of that notion. I loathe crime no less than Ms. Grasso does. I loathe it with every part of my being. The crime committed in this case was a ghastly, evil act. And the perpetrator of it deserves to be punished, severely punished. What I'm here to tell you is that Neil Avedon is not that man. Neil Avedon loved Jessica Costello and when he left that apartment that night, Jessica Costello was alive. Someone came to Jessica's apartment after Neil left. That person killed Jessica. That person is not on trial here. I'm not going to represent to you that I know who that person is, nor am I going to tell you that in the course of this trial we will find out -- or that we will ever find out. It is neither your job nor your responsibility to solve this crime. You cannot make Neil's guilt or innocence contingent on finding an alternative. We all want closure, but closure can't come at the price of justice. I'll be expecting all of you to keep your promises to us -- to listen to the evidence and to questions asked by both sides before you begin to form opinions regarding that evidence. This is a case based on circumstantial evidence from which you will be asked to conclude that certain facts are present. No one but you determines what the facts are. It doesn't matter what any of us thinks, not even Judge Bornstein. I'm sure you will all take your job and your oath seriously, and I thank you in advance for your willingness to do so. Be patient, be objective, and don't jump to any conclusions before you've heard all the evidence. The memory of Jessica Costello will not be served by sending an innocent man to prison." After his opening statement, Ted, Chris and Neil leave the courtroom together. Neil: "Why was Grasso taking so many notes while you were talking?" Ted: "To get the jury to ask the same question you just did. So they're not giving a hundred percent attention to what I'm saying." Neil: "Can she do that? Isn't that dirty pool?" Ted: "When she does it to us, yes. When we do it to her, no." Polson arrives to speak with Ted. Polson: "Mr. Hoffman, I need a word with you. We have a suspect in custody. We found the car off the information your daughter gave us and tracked down the woman who rented it." Ted: "You need Elizabeth to make the ID." Polson: "We do." Ted nods. Ted: "Neil, I have to go down to Parker Center. They've got a suspect. Chris, you're going to be cross examining DiGiacomo. Have Arnold come down to back you up." Neil: "Shouldn't we ask for a recess until tomorrow?" Ted: "Neil, Chris is every bit as competent to do this as I am. He wouldn't be second chair if he weren't." To Chris, "Tear it up." He slaps him on the back. Chris: "Done." Ted turns to leave with Polson. To Neil, "Come on." They leave together. Afternoon session at court. Grasso begins the prosecution's evidence against Neil. Grasso: "The People call to the stand Richard DiGiacomo." The Bailiff escorts DiGiacomo to the witness stand where the clerk swears him in. Clerk: "Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?" DiGiacomo: "I do." Clerk: "State your name." DiGiacomo: "Richard DiGiacomo." Clerk: "Be seated." Grasso: "Good afternoon, Mr. DiGiacomo." DiGiacomo: "Good afternoon." Grasso: "Are you familiar with an establishment here in Los Angeles known as `The House of Blues?'" DiGiacomo: "Yes, I am." Grasso: "You ever been there?" DiGiacomo: "Many times." Grasso: "Have you ever been present at a time when the Defendant, Neil Avedon, was also present?" DiGiacomo: "Yes." Grasso: "Was one such occasion the night of September 13, 1994?" DiGiacomo: "Yes, it was." Grasso: "And were you in a position to observe Mr. Avedon that night?" DiGiacomo: "Yeah, I was sitting at the next table." Grasso: "Was Mr. Avedon alone?" DiGiacomo: "He was there with this young woman. Plus various friends of his would stop by his table." Grasso: "Can you tell us what, if anything, you observed about Mr. Avedon's behavior that was unusual that night?" DiGiacomo: "Well, he and this young woman, uh, made a little bit of a scene, you might say." Grasso: "Can you tell me what you mean by that?" DiGiacomo: "They were making out. He had his hands all over her. And from the way he was acting and the number of times he got up to go to the bathroom I'd say he was doing a fair amount of cocaine." Chris: "Objection. Speculative and inflammatory. I move to strike." Judge: "Sustained. The witness' last remark is stricken. The jury will disregard." Grasso: "Was there a point during the evening when Mr. Avedon appeared to lose his temper?" Chris: "Objection. Leading the witness." Judge: "I'll allow it." Grasso: "You may answer, sir." DiGiacomo: "Yes." Grasso: "And would you describe what happened?" DiGiacomo: "Well, I don't know what led up to it but, um, all of a sudden she threw a drink in his face. He grabbed her by the throat and he pushed her head up against the wall and he said if she ever did that again he'd kill her." Grasso: "Have you made a positive identification of that young woman?" DiGiacomo: "Yes I have." Grasso: "Would you please tell us who she was?" DiGiacomo: "It was Jessica Costello." Grasso: "I have no further questions." Chris: "They have live music at `The House of Blues,' don't they?" DiGiacomo: "Yeah." Chris: "Is it pretty loud?" DiGiacomo: "Yeah." Chris: "And yet you were able to hear Neil Avedon make this threat against Jessica Costello's life over the sound of the live, loud music?" DiGiacomo: "Well, first of all, I was sitting at the next table and second of all, he didn't exactly whisper it." Chris: "Then you weren't the only one who heard it?" Grasso: "Objection. The witness is in no position to know that." Judge: "Sustained. It's speculation." Chris: "What did you do after you heard you've described as a threat?" DiGiacomo: "What do you mean?" Chris: "I mean, did you attempt to intervene?" DiGiacomo: "It wasn't my place to intervene." Chris: "Did you alert security that this young woman's life was in jeopardy?" DiGiacomo: "No, I didn't. I guess at the time I didn't take it serious enough." Chris: "How is it that your observations of Mr. Avedon that night came to the attention of the District Attorney, Mr. DiGiacomo?" DiGiacomo: "Well, I got in touch with her as soon as I saw the girl's picture in the paper." Chris: "Why?" DiGiacomo: "Because I thought the District Attorney would want to know." Chris: "So, you were just doing your duty as a citizen?" DiGiacomo: "Right" Chris: "You have no underlying vendetta against Neil Avedon?" DiGiacomo: "No, I do not." Chris: "Have you ever had any contact with Neil Avedon?" Arnold rises to go to the main entrance to the courtroom. DiGiacomo: "No." Chris: "Anyone you know ever had any contact with Neil Avedon?" Grasso: "Objection." Judge: "Overruled." DiGiacomo: "What am I, his wife? I don't know who he has contact with." Arnold brings in a young woman. They remain standing by the door. Chris: "Do you know this woman, Mr. DiGiacomo?" Chris turns and points to her. DiGiacomo: "Yeah, I know her." Chris: "Can you identify her by name?" DiGiacomo: "Corinne Wylie." Chris: "What was your relationship with Corinne Wylie?" DiGiacomo: "We used to live together." Chris: "Were you living together in January of 1994?" DiGiacomo: "Ah, I'd have to think about that. I don't know off the top of my head." Chris: "Well, let me phrase that another way. Were you living together at the time Corinne went to North Carolina to work as a wardrobe assistant on a movie called `Deadbolt?'" DiGiacomo: "Yeah, we were living together then." Chris: "Were you aware of the fact that while on location, Ms. Wylie had an affair with Mr. Avedon?" DiGiacomo: "I became aware of it." Chris: "How did you become aware of it?" DiGiacomo: "Because a grip who worked on that movie told me." Chris: "How is it that one of the grips told you?" DiGiacomo: "Because I'm a grip and we were working together on another movie and he told me." Chris: "How did it make you feel to know that your girlfriend was cheating on you with Neil Avedon in front of the entire motion picture crew?" Grasso: "Objection. Argumentative." Judge: "Overruled." DiGiacomo: "How do think it made me feel?" Chris: "When you said you called the District Attorney solely out of civic duty, well, that wasn't quite true, was it?" DiGiacomo angry and shouting: "I heard what I said I heard! He said he'd kill her!" Neil shakes his head. DiGiacomo, more composed, "Scumbag." Chris: "I have no further questions." Murmuring in the courtroom. Down at Parker Center, Ted and Annie bring Lizzie down to meet with Gretchen Jankow and Arthur Polson to try and identify the woman who abducted her. Polson leads them into a room. Polson: "Right here." Gretchen: "Elizabeth, can I get you a soda or anything?" Lizzie: "No thanks." Gretchen: "Okay. The reason we asked your mom and dad to bring you down here is so that you can help us do our job. Now what I'm going to do is show you pictures of some people, ask you if you've ever seen them before. And if you haven't, that's okay too. Are you comfortable?" Lizzie nods. "Little bit nervous?" Lizzie shakes her head. "Good girl. 'Cause there's no reason to be. Just relax, see if you recognize anybody and don't feel like you have to pick somebody out, you know, if you're not sure. Okay?" Lizzie nods again. "Ready?" She turns over a card and shows Lizzie several photos of different women. "Have you ever seen any of these women before?" Lizzie looks at the six photos. Lizzie shakes her head: "No." Gretchen: "Okay. I'm going to ask you to take a second look, you know, just to be sure." Lizzie does take a second look as Ted looks at the photos too. Lizzie: "None of these is the right lady." Gretchen: "Does looking at these pictures help you to remember anything about that lady that picked you up?" Lizzie: "Not really." Gretchen: "That's okay." Lizzie: "Sometimes the police get mad at my dad 'cause of his job." She looks at Polson. "But please don't get mad at him 'cause I couldn't catch the lady." Jankow looks at Polson. He kneels down by Lizzie's side to speak with her. Polson: "First of all, by helping us rule these people out, you've been a big, big help. And even though the police and your dad don't always agree, both of our jobs are very important." He and Ted look at each other. "And we both know that." Back at the firm, Ted finds Richard Cross waiting in reception to speak with him. Ted: "Richard." Cross: "Teddy, how's your little girl?" Ted: "She's fine." Cross: "Look, can I talk to you in private for a moment?" Ted: "Let's go into my office." They continue speaking on the way to Ted's office. Cross: "When I heard the story on the news last night, I wanted to call you but I thought you and your family might need some time together undisturbed." Ted: "Thank you for your concern." Cross closes the door behind him. Cross: "So, what kind of person would do such a thing, Teddy? And why?" Ted: "To send me a message." Cross: "About?" Ted: "I haven't a clue." Cross: "I cannot imagine what you and Annie must have gone through." Ted: "She'll come down off the ceiling in a day or two." Cross laughs: "Some kind of world we live in, huh? I'm just glad everything turned out okay. Look, the reason I came by was to let you know that, uh, the full resources of my security staff are at your disposal." Ted: "I've already made arrangements." Cross: "Well, Teddy, I don't need to tell you, this is not an area that you should cut corners on. My people are culled from the finest law enforcement personnel in the world. You say the word and they're yours." Ted: "Thank you. You're very generous." Ted walks over to the door and opens it. "If I feel I need to take any additional steps, I'll send up a flare." Cross: "Please do. And please give my regards to your family." Cross leaves as Arnold and Chris arrive. "Gentlemen." Chris: "Mr. Cross." Ted: "Arnold." To Chris, "I caught the last part of your cross-examination on television." Chris: "How'd I do?" Ted: "How do you think you did?" Chris: "I think I did fine." Arnold: "Ted, don't take Chris' reluctance to beat his chest to mean he isn't completely convinced of his own brilliant performance and intrinsic superiority. You kicked ass, Chris." Ted: "Atta boy." Chris: "Thanks, thanks. That suspect pan out?" Ted: "No." Arnold: "This the, uh, the handiwork of Richard Cross?" Ted: "Maybe." Chris: "What could Cross possibly gain out of doing something like this?" Ted: "It was a shot across the bow. He could be trying to discourage me from being too aggressive during trial, painting his as Jessica's real killer. Hard to say but I do know this -- Richard Cross is a dangerous man who'll stop at nothing if it advances his interests, whatever they are. I'm not going to be intimidated by him, but I will be wary. All of us should be." In the firm's law library, Lisa is working on something when Justine drops by for a chat. Justine: "For the record, I'm not sleeping with Richard Cross. It's way too creepy a concept, even for me. And you were right. I was so wrapped up with my own agenda I didn't stop to consider the public perception of me dragging around with him or how Ted might feel about it. I was the one who was out of line, not you." Lisa: "No big deal. So, do you think Cross is behind this thing with Ted's daughter?" Justine: "I wouldn't put it past him." Lisa: "You wonder what makes a guy like that tick." Justine: "I used to ask myself the same question. Now I think I'd be afraid to find out the answer." She turns to leave. Lisa: "Justine? How did you know about me and Chris?" Justine laughs: "Are you kidding? Everyone knows about you two." Lisa: "They do?" Justine: "Everyone, except Ted." She leaves. Next scene, Justine meets with Richard Cross. Cross: "If you'll sign the signature card, I'll fax it to my bank in Liechtenstein authorizing you to draw the funds for the Holbein." Justine: "Yep." She signs the card Cross has passed to her. Cross: "And here's power of attorney, binding me to the transaction. And I have had them set a table on the off-chance that drinks might turn into dinner." Justine: "Sounds delightful." Cross: "Good. To tell you the truth, I'm a little surprised you showed up at all." Justine: "You asked me to meet you, why wouldn't I come?" Cross: "Well, when I was in the office today, Ted made it very clear that he thinks I have something to do with his daughter's kidnapping. He didn't come right out and say it, of course. He didn't have to. I thought perhaps you might share his, uh, suspicion." Justine: "Do I have reason to?" Cross: "No, no! None whatsoever. In fact if I thought you were asking that question seriously I'd have no other choice but to go out and kill myself immediately. That anyone would consider that I'd do anything so utterly vile as to harm a child... " Justine: "Why do you suppose Ted thinks you had a hand in this?" Cross: "I wish to hell I knew. But I hope you're not scared off by your employer's prejudices." Justine: "I've always been an independent thinker." Cross: "Good." Proposes a toast. "To independent thought, the works of Hans Holbein and what else shall we toast to?" Justine: "Mutual opportunity." Cross: "Indeed." They touch glasses. Outside the Hoffman household. Ray Velacek and Eddie Rosco step out of their car to meet Ted as he pulls into his driveway. Ray: "Teddy, say hi to Eddie Rosco." They shake hands. Ted: "Pleased to meet you. Ray's been saying good things about you." Rosco: "Yeah, well he has to. I carried him through the academy." Ray: "Eddie'll be sitting on your place from eight till three, then I take over." Ted: "And you sleep when?" Ray: "After the verdict." Eddie: "If you need anything, I'm here." Ted: "Thanks." He takes Ray aside. Ray: "He's a good man." Ted: "He seems so. Are we playing in a whole other league here, Ray?" Ray: "Starting to look like it." Ted: "And now my family's up for grabs. We can put Eddie Rosco and forty more like him out here but if they want you bad enough, it won't stop them." Inside, Ted tries to reason the situation out with Annie. Ted: "Annie, this was a one-shot occurrence that'll never happen again because we've taken precautions to make sure it won't." Annie: "Are you just telling me that because you know I want to believe it's true?" Ted: "Whoever did this was probably some tourist from Wilkes-Barre, Pennsylvania or wherever, out here looking for her fifteen minutes of fame, trying to get as close as she can to one of the players in a big-time murder trial. I'm not saying we shouldn't be vigilant but that's why we have round- the-clock protection and we'll have it for as long as we need it." Annie: "I have to admit I will sleep better knowing there's someone out there keeping an eye on things." Ted: "Me too. That's why he's out there." Annie: "Are you going to come to bed and watch the news?" Ted: "In a little while, I want to go over today's testimony." They kiss. Annie: "Don't stay up too late." She goes up to bed. [End titles] Steven Bochco Productions 20th Century Fox Television, a News Corporation Company Story Editor: Doug Palau Supervising Associate Producer: Gigi Coello-Bannon Associate Producer: Chad Savage Casting in New York: Alexa L. Fogel, C.S.A. Co-Starring: Elisabeth Harmon-Haid as Reporter #1 Tim Hutchinson as Reporter #2 Toni DeRose as Reporter #3 Markus Redmond as Mark Washington Donisha Walker as the Clerk Alexia Robinson as Akeesha Wesley June Saruwatari as Karen Ting Rosanna Huffman as Eleanor Iverson David Fresco as the Retiree Paul Goodman as the Actor Victor Bevine as the Chef Director of Photography: Anthony R. Palmieri Production Designer: Paul Eads Edited by Lance Luckey Unit Production Manager: Patrick McKee First Assistant Director: Bob Yannetti 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. Supervising 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 1996 Steven Bochco Productions #7112 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.