Murder One Season One - Chapter Thirteen U.S. air date: February 5, 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" THE PROSECUTION AND THE DEFENSE - Narrator's voice-over: "The Prosecution and Defense get friendly." Clips of Cheryl Dreyfuss and Arnold Spivak. Dreyfuss: "The truth is I wanted to have a beer with you." Arnold laughs: "Ha." Clip of Arnold and Dreyfuss kissing. And a clip outside of her apartment building. Dreyfuss: "Ah, we, uh, have to finish this case in court before I can... " Arnold nods. "... invite you inside." Arnold nods again. THE KIDNAPPING - Narrator's voice-over: "The kidnapping." Various clips of Annie, Lizzie and Ted, including when Ted is first informed of his daughter's abduction and when he rushes home to be with Annie just afterwards. Annie: "This has something to do with the case, doesn't it? Give us our little girl back! I want her back, Ted!" She's sobbing as Ted tries to comfort her. Clips of Ted and Annie's reunion with Lizzie. Annie 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 kisses his daughter. Clip from Richard Cross' meeting with Ted to offer his thoughts regarding the kidnapping. Cross: "So, what kind of person would do such a thing, Teddy? And why?" Ted: "To send me a message." Clip of Chris and Arnold discussing Cross' possible involvement in Lizzie's abduction. Chris: "What could Cross possibly gain out of doing something like this?" Ted: "To discourage me from being too aggressive during trial, painting him as Jessica's real killer. I'm not going to be intimidated by him, but I will be wary." CHAPTER TWELVE Parker Center, Lizzie is brought in by both Ted and Annie to look at some photos of women to see if she can identify her abductor. Present are Gretchen Jankow and Arthur Polson. There are six photos. She identifies one of them. Lizzie: "That's her." She points to number 5. Gretchen: "You're sure she's the woman who took you?" Lizzie: "Uh-huh. Is she here?" Ted reassures her it's safe. Ted: "She's in another room, sweetheart. You won't see her." Lizzie: "And she's not going to see me?" Ted shakes his head. Gretchen: "No. In fact, because you did such a good job, your mom can take you home right now." Lizzie: "Thank you very much, Gretchen." Gretchen: "You're welcome, Elizabeth." Ted kisses his daughter. Ted: "Bye, sweetheart. See you later." Annie: "Come on, Lizzie. Thank you, both, for all you've done." Annie and Lizzie leave with Gretchen Jankow. Polson picks up and looks at the photo Lizzie has identified. Polson reads: "`Darlene Carney.' Works as a teacher's aide at Harrison Middle School." Ted: "Did she say anything?" Polson: "Mitchell Garron, Esquire is now guiding the conversation. The way the two of them tell it, she never showed your daughter a badge. She simply reacted to a situation." Ted: "Which was what?" Polson: "Apparently Ms. Carney, straight from good samaritan school, spotted your daughter near a park. There were some transients drinking a few feet away. One of them made a comment, starting walking up to Elizabeth. Carney felt a rescue was her civic duty. At least that's the way Attorney Garron sees it." Ted: "Any whiff of Richard Cross' cologne in this matter?" Polson: "Do you have some facts I'm not aware of?" Ted: "Just intuition." Polson: "Oh, we're looking at everything, counselor. If we do find any evidence of Cross' involvement, I assure you, we'll pursue it." Ted nods and Polson opens the door to the room for Ted. Out in the hallway Ted spots the woman who abducted Lizzie being led away by an officer. Officer: "This way, Ms. Carney." She and Ted stare at each other as she passes him. Then Carney's attorney approaches Ted. Garron: "Hi, Teddy. I'm sorry for what you must have gone through." Shakes Ted's hand. "But thank God your little girl is safe and sound." Ted: "My daughter just made your client as the one who impersonated a cop and kidnapped her." Garron: "Which, with all due respect to your daughter, who has got to have been traumatized by this whole affair, is at the bottom of this tragic misunderstanding." Ted: "My daughter is simply confused, is that it?" Garron: "We all get confused from time to time, especially if we're influenced by others. Hey, if I hadn't been sitting in that room with my client, who knows she might have been coerced into saying." Polson shoots him a look. "Anyway, Teddy, let's not try this thing out here in the hallway. God willing, we'll be able to avoid this thing altogether." Ted: "The DA goes after your client, you go after my daughter." Garron: "As I said, I'm sick that this involves your kid. But you know better than anyone, Ted -- what you do, what I do -- it's all part of the job description. Best to your wife." He walks away from Ted and Polson. Polson: "Now you know how `we' feel." Polson walks away from Ted. [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 John de Lancie as Mitchell Garron, Esq. Ashlee Levitch as Kimberly Savard Christian Clemenson as Donald Lozey Kathleen York as Cheryl Dreyfuss Roy Brocksmith as Dr. Elliott Matheson Mariangela Pino as Gretchen Jankow Markus Redmond as Mark Washington Ned Vaughn as Dean Crowley Vanessa Zima as Elizabeth Hoffman Juli Donald as Julia Antonelli Jane Lanier as Susan Dominick Shishir Kurup as Dr. Gafore Catherine MacNeil 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 Geoffrey Neigher & Doug Palau Directed by Jim Hayman ---------------------- In court, the Prosecution presents its case with the testimony of several witnesses. First up is Officer Bickley who first arrived at the crime scene. Deputy DA Mark Washington conducts the examinations. Officer: "At 7:41 I received a radio call from communications directing me to respond to an unknown trouble, 911 call at 1501 North Havenhurst. I arrived at the apartment at approximately 7:50 and encountered a maid who was extremely upset. She directed me to the bedroom where I observed the victim." Washington: "Was there any sign of a struggle in the room, officer?" Officer: "Yes. There was a shattered lamp next to the dresser which appeared to have been shoved out of place. Candles knocked over. The room was in disarray." Washington: "The victim's body -- any signs of struggle there?" Officer: "Yes. Welts and contusions on her thighs, bruising on her left wrist where she was tied -- I'd say she put up a pretty good fight." Next to testify is a medical expert, Dr. Gafore, a serologist who typed and matched the semen found in Jessica Costello to Neil Avedon. Gafore: "In any circumstance where a forcible rape is suspected, as a matter of course, we'll do a vaginal examine, then run serological tests, if semen is present." Washington: "And was there semen present?" Gafore: "Yes." Washington: "Were you able to identify it?" Gafore: "Yes. It belongs to the Defendant, Mr. Avedon." Washington: "On what do you base that conclusion, Dr. Gafore?" Gafore: "We ran a panel of DNA analyses, uh, isolating between twenty and thirty polymorphic sites on different chromosomes. Using restriction enzymes we analyzed DNA fragments which vary with each individual. The composite profile is unique and determinative." Washington: "Within what margin of error, sir?" Gafore: "Virtually none. Uh, the frequency of these genetic markers in the population at large is approximately one in two hundred and twelve million." Next is Dr. Matheson, the medical examiner. Washington: "Now doctor, given your findings, have you reached a conclusion as to whether the sex engaged in by Jessica Costello, on the night of her death, was consensual or nonconsensual?" Matheson: "Having observed lesions on the inner thighs, abraded vulva and tears on the vaginal wall, it is my conclusion that the sex was nonconsensual, violent and forcible." Washington: "And what was the cause of the victim's death?" Matheson: "As I testified at the preliminary hearing, there is no doubt but that she died by manual strangulation. The hyoid bone was fractured and there were thumb and finger marks at the base of the neck." Washington: "Can you tell the court, please, the time of her death?" Matheson: "She died between the hours of 10 p.m. and 3 a.m. on the night of September 20th." Washington: "How can you be so sure, doctor?" Matheson: "When we back-time from an autopsy, indicia such as rigor mortis, lividity, liver temperature, uh, corneal transparency, um, digestive progress -- all of that points to the time frame I've given you." Washington: "Thank you. No more questions." Ted: "What's lividity, doctor?" Matheson: "It's a purplish discoloration caused by blood settling in a dead body. When lividity is fixed that means that the pooled blood can no longer be shifted even when the body is turned." Ted: "Was there fixed lividity with respect to Jessica Costello's body?" Matheson: "Yes." Ted: "Which told you what?" Matheson: "That the victim had been dead 6 or 8 hours when discovered at 7:30 in the morning." Ted: "However if the body had been moved, that would affect lividity and therefore your estimate of time of death, isn't that right?" Matheson: "It would but the body wasn't moved." Ted: "How do you know that, sir?" Matheson: "I read it in the investigator's preliminary report." Ted: "In other words, you have no direct knowledge of your own, you're taking someone else's word for it?" Washington: "Objection. Argumentative." Judge: "Sustained. Rephrase, Mr. Hoffman." Ted: "Did you personally examine the body at the murder site?" Matheson: "I did not." Ted: "When did you first see it?" Matheson: "When it was delivered, uh, to our laboratory at... " He checks his records. "... 9:32 a.m." Ted: "So, you have no personal knowledge as to whether the body had been moved or not?" Matheson: "Technically, that's correct." Ted: "When you say `technically,' is there some respect in which it's incorrect?" Matheson: "No." Ted: "Now, you mention body temperature as a means of gauging time of death." Matheson: "Yes." Ted: "How does that work?" Matheson: "The body loses heat at a rate of, um, one and a half degrees per hour. When the, uh, temperature was taken of the victim it was 88.3 degrees. That means that she was killed at approximately 2:00 a.m. which is within the time frame set forth in my report." Ted: "What about the air conditioning?" Matheson: "What about it?" Ted: "If the air conditioning was set significantly below normal room temperature, that would accelerate the cooling of the body, would it not?" Matheson: "Why would it be set below the normal room temperature?" Ted: "I don't know, sir. I don't even know if it was on. Do you?" Matheson: "No." Ted: "So, you don't know whether or not it was a factor?" Matheson: "You're right, I don't know." Ted: "So, let me see if I've got this straight. You stated earlier that lividity and body temperature were key factors in your conclusion the victim died between 10 and 3, is that right?" Matheson: "Yes." Ted: "But you don't know if the body was moved before you saw it, is that correct?" Matheson: "Yes." Ted: "And you acknowledge you have no idea what the ambient room temperature was at the murder site, is that correct?" Matheson: "That's correct." Ted: "Then how can you state with confidence that the time of death was between 10 p.m. and 3 a.m.?" Matheson: "Those aren't the only criteria." Ted: "Are the other criteria just as reliable as those?" Washington: "Objection. Argumentative." Judge: "Sustained." Ted: "Isn't it a fact, sir, that the victim could have died within 9 p.m. and 4 a.m.?" Matheson: "It's possible." Ted: "Between 8 and 5?" Matheson: "Within the limits of modern forensic science, our estimate was the best we were able to do." Ted: "But it's not a certainty, is it, sir, that Jessica Costello died between 10 and 3?" Matheson: "No." Ted: "No more questions." Back at the firm, Louis gives Ted a message as he comes out of his office. Louis: "Miriam Grasso called. She can see you in twenty minutes." Ted: "Tell her I'm on my way." Arnold rushes up to speak with Ted. Arnold: "Ted, have you got a minute?" Ted: "Just barely, Arnold." Arnold: "For what it's worth, I just heard a rumor that Richard Cross has been receiving treatment at a Phoenix clinic, supposedly he's HIV+. My thinking is if it's true, Jessica could have been blackmailing him and Cross would have a solid motive for murdering her." Ted: "Is your source reliable?" Arnold: "It's coming out of the DA's office." Ted: "Get Ray Velacek on it." Ted leaves for his meeting with Grasso. At Grasso's office, she tries to open the ever-sticking door for Ted. Grasso: "Come on in, Ted. Have a seat." Detective Polson is already seated. The other seat is occupied by a large box of files. Ted just stands there looking at the seat and Polson. Grasso picks up the box and hands it to Polson. "Ah, thank you, detective. I was just getting an update on the investigation on your daughter's case." Polson puts the box on top of Grasso's desk as Ted sits down in the chair. Polson: "Still no witness, viable or otherwise, but we're on it." Ted: "I appreciate that." Grasso: "I hope Elizabeth's bearing up." Ted: "As well as can be expected. I think we'll all feel better once you file charges against Darlene Carney." Grasso: "And you know, Ted, there is nothing that would please me more... " Ted: "But?" Grasso: "But it's a very circumstantial case." Polson: "I've pointed out to Ms. Grasso that the woman admits to taking your daughter." Grasso: "And if Carney takes the stand and testifies about how all she was doing was rescuing a defenseless kid, we're pushing a rock up a mountain." Ted: "Bottom line, Miriam, Carney took my daughter and terrorized her, terrorized Annie and me. I want you to move ahead on this." Grasso: "Ted, don't be a father for a minute, be a defense attorney. If you were representing this woman, you'd be insisting that the facts about how and why Elizabeth got in that car were in dispute. The facts that aren't in dispute are that your daughter was never held against her will, she was held for less than an hour and she was dropped off three blocks from her house." Ted: "I'm not defending this woman, Miriam, and I hope you're not either." Grasso: "I think Darlene Carney abducted your daughter and I'm going to bust my ass to prove it but Ted, I'm going to need Elizabeth to testify." Ted: "I'd prefer not to have Mitchell Garron breathing all over her." Grasso: "Well, unless we turn up new evidence, we don't have a chance without her." Ted: "If Lizzie has to take the stand, she'll take the stand." Grasso: "Fine. In the meantime, let's just hope it won't be necessary." Back in court, testimony by witnesses for the Prosecution continues. Hammish: "I've been employed by Pacific Bell for thirteen years, the last six as a supervisor." Grasso: "Now Ms. Hammish, the phone company keeps records of calls made by its customers, is that correct?" Hammish: "Certain calls, yes." Grasso: "Which ones?" Hammish: "Cellular calls and interlotta or local toll calls between adjacent area codes." Grasso: "Such as say between Hollywood and Santa Monica?" Hammish: "Yes. We electronically download the information into an accumulation file, for billing at a later date." Grasso: "Hmm. Now, do your records show any calls from Jessica Costello's apartment on the night of September 20th or 21st?" Hammish: "Yes." She reads from some papers, the phone records for Jessica's phone line. "There were three calls made from that location. The first at 7:52 p.m. to the Nu-art Theater's Film Information Line. The second at 1:20 a.m. to a cellular phone registered to Mr. Richard Cross. And the third at 1:45 a.m. out to Santa Monica." Grasso: "Where in Santa Monica?" Hammish: "We traced it to a drug rehabilitation center known as Zephyr House." Next witness is Susan Dominick, the night nurse at Zephyr House. Dominick: "I was on duty when the call came in." Grasso: "Ms. Dominick, as Dr. Lester's nurse, are you familiar with his patients?" Dominick: "Yes." Grasso: "Who was it who called that called Zephyr House Clinic at 1:45 in the morning on September 21st?" Dominick: "Neil Avedon." Grasso: "How do you know that?" Dominick: "He said, `this is Neil Avedon.'" Some chuckles from the spectators in the courtroom. Grasso smiles. Grasso: "Did you recognize his voice?" Dominick: "Yes." Grasso: "How would you describe his affect?" Dominick: "He was upset. He wanted to talk to Dr. Lester." Grasso: "Was Dr. Lester there?" Dominick: "Yes. He sleeps at the clinic three nights a week." Grasso: "And did he see him?" Dominick: "Yes." Grasso: "Now, would you please tell the court what happened at 2:25 on the morning of the 21st?" Dominick: "Mr. Avedon arrived at the clinic." Grasso: "Would you describe his appearance please?" Dominick: "He appeared anxious. He rushed in, no hello or anything, and demanded to see Dr. Lester?" Grasso: "Did Dr. Lester see him?" Dominick: "Yes. He came out and took Mr. Avedon into his office." Grasso: "Thank you, Ms. Dominick. Nothing further." Ted: "Do you normally work at 1:45 in the morning?" Dominick: "No." Ted: "You just happened to be there in the middle of the night to take this call?" Dominick: "I was helping out. I do it once or twice a month." Ted: "And how long was your shift?" Dominick: "Eight hours, from about midnight to 8:00 a.m." Ted: "May I approach the witness, your honor?" Bornstein nods. "Let the record show I'm handing the witness People's Exhibit Number 43. Do you recognize it, Ms. Dominick?" Dominick: "It's the clinic phone log from that night." Ted: "In which calls have been entered from 4:30 in the afternoon until 6:30 the next morning, is that correct?" She looks the pages over. Dominick: "Yes." Ted: "Whose handwriting is this?" Dominick: "Mine." She closes the book. Ted: "If you started at midnight, why did you make entries beginning seven and a half hours earlier?" Dominick: "I spilled coffee on the log. It was a mess. I rewrote it." Ted: "Is that the usual procedure? Anytime you soil a page, you rewrite it?" Dominick: "It's happened before." Ted: "How many times?" Dominick: "I don't recall." Ted: "Do you have the original log?" Dominick: "No." Ted: "And that wouldn't be because you had to go back and insert a call by Neil Avedon which he never made, would it?" Dominick: "No, it would not." Ted returns to the podium with the log book. Ted: "Now, this phone call which you claim occurred at 1:45, how long did it last?" Dominick: "Ten, fifteen seconds." Ted: "During which time Mr. Avedon identified himself, is that correct?" Dominick: "Yes." Ted: "If I told you I was Robert Redford, would you believe it?" Some giggles from the spectators. Dominick: "Like I said, I recognized his voice." Ted: "Does that mean you've spoken to him over the phone before?" Dominick: "Yes." Ted: "How many times?" Dominick: "Eight or nine." Ted: "For what duration on each call?" Dominick: "Twenty seconds, something like that." Ted: "And how long have you been employed by Dr. Lester?" Dominick: "About a year." Ted: "So, that would equal a total of three minutes, over a year." Dominick: "Okay." Ted: "Can you identify all of Dr. Lester's patients over the phone?" Dominick: "No." Ted: "Then is it your testimony that even though you cannot identify all of Dr. Lester's patients, you were able to identify Neil Avedon's voice on the basis of a total of three minutes conversation over a year's time?" Dominick: "Yes." Ted: "Thank you. No more questions." Back at the firm, Ray waits for Ted in his office. Ted: "Where are we on the HIV rumor?" Ray: "Word from the ground crew is Cross' jet lands at Sky Harbor Airport in Phoenix about once a month. But he owns Desert Industries, could be business." Ted: "What about the Freedman Clinic?" Ray: "No record of it. But I checked Davey Blalock's phone logs. He got four calls from a Donald Lozey in Scottsdale. The only one Davey returned was two days before he got killed. I called Lozey. He was coy, didn't want to say much on the phone." Ted: "Did he confirm the rumor?" Ray: "The way he tells it his source pegs Cross as a sick man and he can prove it." Ted: "Which he's willing to do out of the goodness of his heart." Ray: "Plus a figure to be negotiated with you." Ted: "Did this rumor fly, Ray?" Ray: "Given Cross' lifestyle -- hookers, multiple partners, guys, for all we know -- I wouldn't rule it out." Ted: "Bring Lozey in. I want to see him tomorrow." Ray nods and leaves. At Arnold's office, Cheryl Dreyfuss drops by for a visit. Arnold: "Hey!" He comes out of his office to meet her. Dreyfuss: "Hey." Arnold gives her a kiss. She nervously looks around. Dreyfuss: "I, uh, been thinking about what I told you last night." Arnold: "What?" Dreyfuss: "That rumor about Richard Cross." Arnold: "Oh." Dreyfuss: "I shouldn't have. It's, it's internal stuff. You haven't told anybody, have you?" Arnold: "Why would I tell anyone?" Dreyfuss: "I don't, I'm being, am I being paranoid?" Arnold: "Don't worry. Okay?" He takes her hands to reassure her. She laughs. Dreyfuss: "Okay." They kiss. "Do you want to go get something to eat?" Arnold shakes his head: "I can't. It's going to be another hour, hour and a half." Dreyfuss: "I'll wait." Arnold: "Okay." Dreyfuss: "Come pick me up at home." Arnold: "Okay. Sure." They kiss again. She leaves. Arnold watches her go as he pounds his head on the glass door, knowing that he's just lied to her. The next day, Arnold knocks and enters Ted's office to speak with him. Arnold: "Ted?" Ted: "What is it, Arnold?" Arnold: "About that Cross rumor, the more I think about it, the more I think it's probably nothing." Ted: "It may very well be." Arnold: "Yeah. I mean, Richard Cross -- HIV. If we were to listen to every, you know, crazy rumor it'd be a... " Louis knocks and interrupts Arnold. Louis: "Ray Velacek with a Mr. Lozey from Scottsdale." Louis leaves. Arnold: "Scottsdale?" Ted: "Donald Lozey, the source of the rumor. Ray tracked him down through Dave Blalock's phone logs." Arnold: "And he's here?" Ted: "I need to take this, Arnold." And nods and begins to leave as Lozey enters. Lozey: "Hey, nice office. A lot better than that coach section of the plane I just got off of." He walks over to Ted's couch and touches the leather. Ted: "How do you do, Mr. Lozey?" Nervously walks around the office. Lozey: "You know what they served us the entire flight? Peanuts, not even honey roasted ones -- salted. First class, almonds." He continues eyeing everything in the office. Ted: "Ray tells me you have some information on Richard Cross?" Lozey: "That I do." He finally sits down. Ted: "Tell us about it." Lozey: "First, let me say, until we come to some kind of arrangement, this is all on deep background." Ted nods: "Understood." Lozey: "Couple of months ago, I'm reading about this Goldilocks case. There's this picture of Richard Cross in the paper. Friend of mine says, `hey, I know that guy.' I say, `right, you know someone worth 400 million dollars and I'm having oysters at the Rockefeller's.'" He smiles. "He says, `no, I've seen him at the clinic.'" Ted: "This is the Freedman Clinic?" Lozey: "He works night security there. Says for the past year he's seen this guy, Cross come in -- always at night, always through the rear entrance." Ted: "How does he know Richard Cross is being treated for HIV?" Lozey: "Doctor he sees treats only AIDS patients. Doesn't take Sherlock Holmes." Ray: "Mr. Lozey, I contacted the Freedman Clinic. They have no record of a patient named Richard Cross." Lozey: "Believe me, a guy like that doesn't want to advertise. He checks in under a false name." Ted: "Which you want to sell to us?" Lozey: "Let me paint you a picture, Mr. Hoffman. This Costello girl, she's into drugs, sex -- she's HIV+. Cross has sex with her -- gets a blood test, finds out his infected. What's his 400 million going to buy him now? A nicer casket? He feels despair, then anger, then powerful thirst for vengeance. He goes to her place, he strangles her. Now he's looking at spending the rest of his short sweet life in prison. So he frames this Avedon. Big finish, fade to black." Ray: "And, the retail value of this wisdom?" Lozey: "Let's say, twenty-five thousand. That includes the name plus my testimony." Ted: "Your testimony to what?" Lozey: "To my theory of the case." Ted: "Leave your number with my secretary, Mr. Lozey. We'll be in touch." Lozey: "Just don't take forever. I could have shopped this to the tabloids but I came to you, Mr. Hoffman. You're not interested, the `S.S. Lozey' sails." Gets up and leaves in a huff. Ray: "What a citizen." Ted: "It's all hearsay. A name which may or may not check out. If Cross is HIV, we'll never prove it by him." Ray: "I'll stay on it." Ted nods and Ray leaves. Back in court, Kimberly Savard, a friend of Jessica Costello's, testifies. Savard: "We were best friends back in Minnesota. After I moved to LA, I kept telling Jessica she had to come out here. And then one day she just showed up. She said she was living with her sister in Hollywood." Grasso: "How long after that did she meet Neil Avedon?" Savard: "A couple of weeks. This was before my drug rehab so we were both pretty wild. We'd crashed this party in Beverly Hills and Neil was there." Grasso: "How would you describe their relationship, in the beginning?" Savard: "Oh, Jessica was crazy about him. I mean, Ricky Carew from `All for One,' who wouldn't be?" Grasso: "But things changed?" Savard: "Neil started acting like he owned her. Showing up at all hours, expecting her to drop everything. If she told him she had other plans, he'd blow up." Grasso: "In what way?" Savard: "Once, when she said she wanted to break up with him, he hit her." Grasso: "Was this the only time you ever witnessed the Defendant being violent toward Jessica?" Neil whispers something to Neil. Savard: "There was one other time, at `The Viper Room' the week before she died. Jessica was showing off a school bracelet Neil had given her. She goes back to their table and finds some girl, that he used to go out with, all over him. She asked him what was going on and he didn't even apologize. He hit her, right across the face. So Jessica just threw the bracelet at him and stormed off." Grasso: "Is this the bracelet?" She walks over to the witness stand and shows Savard a bagged and tagged bracelet, ready to be entered as evidence. Savard looks at it. Savard: "Yeah, that's it." Grasso: "The same bracelet that was found in Jessica's apartment on the morning of September 21st?" Ted: "Objection. This witness has no direct knowledge of the crime scene." Grasso: "Withdrawn, your honor. We ask that this be marked People's Exhibit 56." Judge: "So ordered." Grasso hands the bracelet off to a bailiff and returns to the podium. Grasso: "Ms. Savard, did you have an occasion to accompany Jessica and Mr. Avedon to a sex shop in West Hollywood called `The Pleasure Chest?'" Savard: "Once." Grasso: "Would you describe the incident?" Savard: "Um, Neil was buying all these sex toys, you know, um, flavored jelly, a pair of edible panties. And he holds up these velcro wrist restraints and says to Jessica, `how about these?'" Ted: "Objection. Hearsay." Grasso: "Goes to the Defendant's modus operandi, your honor." Judge: "I'll allow it, for that limited purpose. Proceed, Ms. Grasso." Grasso: "How did Jessica react?" Savard: "Like, `no way.'" Grasso: "Meaning, she wasn't interested?" Savard: "Oh, she hated the idea. Being tied up was not her thing." Grasso: "So what did Mr. Avedon do?" Savard: "He bought them anyway." Grasso: "Even though she indicated she did not want to be tied up?" Savard: "Yeah." Grasso reaches down and brings up a pair of restraints. Grasso: "Are these similar to the restraints Mr. Avedon purchased that day?" One of the jurors, Julia Antonelli, leans forward for a closer look at the restraints. Ted: "Objection. There's nothing in the police report which indicates that restraints such as these were used in the commission of this crime." Judge: "Sustained." Grasso puts down the restraints. Grasso: "Ms. Savard, I have just one more question. Would you describe for us, Jessica in the last week of her life?" Savard: "Up, really up. She'd started coming to CA meetings with me. She had a sponsor and everything. That's what so sad about her dying. She was finally over Neil. She was finally getting her life together." Grasso: "Thank you very much, Ms. Savard. Nothing further." Judge: "Mr. Hoffman, given the hour, I think we'll break for lunch here. Court will resume promptly at 1:30." The defense team, along with Neil, has lunch in an empty room at the courthouse. Neil nervously paces as he talks about Kimberly Savard's testimony. Neil: "I'm telling you, this chick has it in for me. She was always tagging along with us, trying to turn Jessica against me. And that `Viper Room' thing, Jessica hit me first, all I did was react." Ted nods: "I believe you, Neil." Chris: "The problem is, the jury believes her. Did you see the way Antonelli was leaning forward when Grasso held up those restraints? Scary." Neil: "She buried me in there, Teddy." Ted: "We haven't gotten our rounds in yet." Chris: "She's pretty sympathetic, Ted. We hurt this girl, the jury could turn on us." Ted: "It's a chance we got to take." Back in court, afternoon session. Ted cross-examines Kimberly Savard. Ted: "Ms. Savard, you stated in your direct testimony that you moved to Los Angeles before Jessica. Did you make that move with your family?" Savard: "I ran away from home." Ted: "And what did you do for a living after you arrived here?" Savard: "Odd jobs. I tried some acting." Ted: "Any success?" Savard: "I had a few auditions." Ted: "And how many of those auditions resulted in work?" Savard: "None." Ted: "Did you get an agent?" Savard: "One or two were interested." Ted just stares at her until she adds, "No." Ted: "After failing at your attempts to become an actress, you tried to become a model, didn't you?" Savard: "Yeah." Ted: "Were you able to find work in that field?" Savard: "No." Ted: "When Jessica moved out here, did you make it a point to show her around LA, to help her discover which were the best parties, the best clubs?" Savard: "Yeah, sure." Ted: "And it wasn't too long after that that she met Neil Avedon, correct?" Savard: "A couple of weeks." Ted: "How did that make you feel -- here you were in LA first and Jessica was the one who landed a big TV star?" Savard: "I was happy for her." Ted: "And a little attracted to Neil yourself?" Savard: "No." Ted: "Ms. Savard, do you recall Neil's last birthday?" Grasso: "Objection. Your honor, what is the relevance of this?" Ted: "Goes to the witness' motive in testifying against Mr. Avedon, judge." Judge: "I'll allow it. Ms. Savard, you may answer." Savard: "Do I recall his last birthday? Not really." Ted: "Do you remember showing up at his trailer at the studio where he was working?" Savard: "I guess so." Ted: "And how were you dressed?" Savard: "I had on a raincoat." Ted: "And underneath the raincoat, what were you wearing?" Savard: "Um, nothing." Neil looks at the jury. Ted: "But you had something attached to your wrist, didn't you?" Savard: "Some balloons that said `Happy Birthday, Neil.'" Ted: "Would I be correct in assuming that you were offering to have sex with Mr. Avedon?" Savard sighs but doesn't answer. "Is that a yes?" Savard sheds a tear which she wipes away: "Uh, yes." She sniffles. Ted: "Did he accept your offer?" Savard: "No." She continues to look at Neil off and on throughout the rest of her cross-examination. Ted: "So, you were unable to become an actress, you failed as a model, and then your best friend's boyfriend turned you down when you offered yourself to him. Was all that rejection difficult for you?" Savard: "Uh, you're twisting everything." Ted: "Ms. Savard, when you look at Neil Avedon, doesn't he represent the pain of all those failures? Isn't that the real reason you're testifying against him here today?" Savard her eyes fill with tears: "No!" Grasso: "Your honor?" Savard getting more upset and going on the defensive: "You're making me out to be a liar! You're making me out to be this terrible person! I, I didn't like Neil because he was mean to Jessica and I was her friend! He wasn't her friend -- I was her friend!" She breaks down in tears on the stand. Later that evening, Arnold waits at a restaurant to have dinner with Cheryl Dreyfuss. She's late. Arnold: "Here you are." He moves to kiss her but she pulls back from him as the maitre d' helps her to her seat. Cheryl: "Thank you." He leaves. Arnold: "What's the matter?" Cheryl: "Do I have to tell you?" Arnold: "Uh, yes." Cheryl: "Grasso took us to the woodshed on talking out of school today. A man named Donald Lozey came to her office and said that Hoffman and Associates had flown him to LA to discuss Richard Cross being HIV+." Arnold: "Oh, that." Cheryl: "Yes, that, Arnold. You not only betrayed my confidence, you lied to me when I asked you about it. Or as I now remember it, you weaseled out of directly answering me." Arnold: "Strictly speaking, yeah." Cheryl: "Strictly speaking?" Arnold: "Cheryl, you're upset and you have every right to be. So, let's have dinner and I'll explain the total lack of malice... " Cheryl jumps up from the table, very upset and shouts at Arnold, creating a scene and drawing a few stares from nearby tables. Cheryl: "I have a better idea, Arnold! Why don't you take a flying leap off the Hollywood sign!" She storms away from the table and out of the restaurant. At the Hoffman household, Annie is watching Law TV's broadcast from earlier that day -- Ted's cross-examination of Kimberly Savard as she breaks down in tears on the witness stand. [TV] Savard: "You're making me out to be a liar. You're making me out to be this terrible person! I, I didn't like Neil because he was mean to Jessica and I was her friend! He wasn't her friend -- I was her friend!" [TV] Crowley: "That was Kimberly Savard, falling apart on the stand this afternoon, under the steady, devastating cross-examination... " Annie shuts off the TV when she hears Ted arriving home. She pretends that she's been looking at some slides as he enters the room. Annie: "How'd it go today?" Ted: "You tell me." Annie: "Sorry, I missed it. I had to get Lizzie registered for gymnastics. And Ruth Suskin called to say her car broke down. I spent the afternoon chauffeuring her kids around." The phone rings, Ted answers it. Ted on the phone: "Hello? Hi, Arnold, just a minute." To Annie, "I'm going to take this upstairs." He continues talking to Arnold on the phone as he goes upstairs. Annie continues trying to look at the slides but remembers what she's just seen on TV and is clearly upset by it. The next day, in court, a closed hearing is under way with discussion about Richard Cross taking the stand as a witness for the prosecution. Grasso is presenting arguments for a motion while Arnold is feverishly making notes and preparing the Defense's arguments against Grasso. Grasso: "Your honor, we're calling Mr. Cross to the stand for only one purpose -- to establish the time of Jessica Costello's death. It's the cornerstone of the People's case and as such it's essential that we lay out that case without Defense attempting to obfuscate matters. For this reason, we are asking the court to limit the scope of Mr. Hoffman's cross examination to the events of September 20th and 21st, as outlined in our petition." Judge nods: "Mr. Spivak?" Arnold: "Your honor, Clarence Darrow once called the right to cross-examine, `the great engine of truth.' In filing this motion, Ms. Grasso is making a naked attempt to limit Mr. Avedon's rights as laid out in the Sixth Amendment. Further, as the court is no doubt aware, Mr. Cross was arrested for this crime prior to Mr. Avedon and lied to police when questioned. Any limitation of the Defense's right to expose his lack of credibility would be a further abrogation of Mr. Avedon's rights." Judge: "Don't you still have the right to call Mr. Cross in your own case?" Arnold: "You can't unring a bell weeks after it's been rung, your honor. The jury will hear this man. God forbid, they may even believe him. It's imperative that they understand his motives in testifying. In conclusion... " Judge interrupts: "Let me conclude for you, Mr. Spivak. Notwithstanding his arrest and release in this case, if you want to ask him if he killed President Kennedy, if you want to ask him if he was in Oklahoma City on the day of the bombing -- examine those issues during your own case, not the People's. Motion granted." Pounds the gavel. The trial resumes with Cross on the witness stand. The jury is seated and listening to his testimony. Grasso: "Mr. Cross, at 1:20 on the morning of September 21st of last year, did you receive a phone call from the victim in this case, Jessica Costello?" Cross nods: "Yes, I did." Grasso: "How did she seem to you?" Cross: "Agitated, frightened." Grasso: "What, if anything, after receiving that call, did you do?" Cross: "I drove to her apartment. I entered. I found her naked, tied to the bed. She was dead." Grasso: "Did you notice the time?" Cross: "By my watch, it was two o'clock." Grasso: "Thank you, sir. Nothing further." Ted: "Mr. Cross, prior to receiving the call you just described, how did you know Jessica Costello?" Cross: "I have a relationship with her older sister Julie." Ted: "A sexual relationship?" Cross: "Yes." Ted: "How about Jessica? Did you have a sexual relationship with her?" Grasso: "Objection. Outside the scope." Judge: "Sustained." Cross: "No, Mr. Hoffman. I did not have a sexual relationship with Jessica Costello." Judge: "Mr. Cross, when I sustain an objection that means you do not answer." Cross holds up a hand by way of apology. Cross: "My apologies, your honor." Judge: "Strike the last remark. The jury will disregard it. Proceed, Mr. Hoffman." Ted: "Mr. Cross, did you ever provide Jessica Costello with drugs?" Grasso: "Objection. Outside the scope." Judge: "Sustained." Ted: "Did you ever take drugs with her?" Grasso: "Same objection." Judge: "Sustained. Mr. Hoffman, don't push me on this." Ted: "Sorry, your honor. Now, you stated that Jessica Costello called you at approximately 1:20, is that correct?" Cross: "Yes." Ted: "And you arrived at her apartment, when?" Cross: "As I testified, Mr. Hoffman, two o'clock." He leans in toward the microphone to state the time. Ted: "By my watch, that's forty minutes. Where were you?" Washington and Grasso look at one another. Cross: "At a club, downtown." Ted: "And it took you forty minutes to reach Hollywood at that hour?" Cross: "You're assuming that I left immediately. I didn't." Ted: "Why not?" Cross: "My car was valet parked. I had to wait for them to drive it around." Ted: "I don't understand. You just described Ms. Costello as being frightened, agitated. This didn't suggest to you a certain urgency?" Cross: "This was not the first phone call like this that I had received from her. I thought she was exaggerating." Ted: "Presumably this changed after you found her body?" Cross: "Of course." Ted: "Are you sure you didn't arrive earlier, say, 1:40?" Cross leans in toward the microphone again: "I arrived at two o'clock." Ted: "And you're telling us the truth?" Cross smiles and nods: "Yes." Ted: "Well, whenever you arrived, after finding Ms. Costello dead, did you call the police?" Cross shakes his head: "No, Mr. Hoffman, I didn't." Ted: "You found a fifteen-year-old dead girl -- naked, tied to a bed, the sister of a close friend -- and yet it never occurred to you to contact the authorities?" Cross: "I was with a young woman. I did not want to involved her." Ted: "Why is that?" Cross: "It was a situation with a jealous husband. In retrospect, I exercised poor judgment." Ted: "Some might call it criminal neglect." Grasso: "Objection." Judge: "Mr. Hoffman, you've been warned." Ted: "Withdrawn. All right, Mr. Cross, you found this girl dead and you never called the police. Did you call anyone else?" Cross: "No." Ted: "Are you certain you didn't place a call to Zephyr House at 1:45, a call Dr. Lester's nurse has previously attributed to Neil Avedon?" Cross: "I am quite certain." Ted: "And are you equally certain that you aren't Jessica Costello's killer?" Cross smirks: "I'm positive, Mr. Hoffman." Later that evening, in Ted's office at the firm, Louis knocks and enters to announce the arrival of Richard Cross. Louis: "If you're detecting a little eau-de-brimstone in the air, it's Richard Cross." Cross enters and Louis shuts the door. Cross: "Bloodied, but unbowed, Teddy." Ted: "I'm glad, Richard." Cross: "Not that I didn't think you'd come after me -- you warned me as much when you took on Neil's case. And if I've helped the cause, I'm more than happy. But what disappoints me, Teddy, is to hear that you've been spreading an ugly rumor about me." Ted: "I wasn't aware that I was." Cross: "Do you know how this whole HIV thing got started? Two years ago I put in a bid for Crescent Electronics and as they usually do in these matters, things got ugly. To drive me out of the bidding, my competitors decided to spread a rumor that I was T-cell deficient. It was nonsense, of course. But my backers got so nervous that I had to get tested. My doctor still has the results, if you're interested." Ted shakes his head: "That won't be necessary." Cross: "Good, good. Because if anybody knows how harmful unfounded allegations can be, it's you, Teddy. How's Lizzie?" Ted: "Recovering." Cross: "Excellent. I would hate to think that that incident would have any permanent affect. There's nothing more precious than a child's innocence." Ted: "If there's nothing else, Richard?" Cross: "Of course. Of course." Rises to leave. "The great ones never rest, right, Teddy?" Walks to the door. "Good night." Opens it and leaves as Chris enters. Ted doesn't reply. Chris: "What did Cross want?" Ted: "To deny that he's HIV+ and to accuse me of spreading the rumor." Chris: "How'd he know we were looking into that?" Ted: "Best guess, he's got a mole in the DA's office." Chris: "Meaning the rumor is true, or it isn't?" Ted: "After Lozey, I was prepared to say no. But when Richard Cross tells me there's no smoke, I look for fire." Final scene, the Hoffman household. Annie is helping Lizzie with her homework as Ted arrives home. Annie: "O. G-R-O-U-N-D. I think you'd like that." Lizzie erases and corrects the spelling of the word when she sees her father and goes to greet him. Lizzie: "Daddy!" Ted hugs her. Ted: "How's my girl?" Lizzie: "Mommy says I can get a hamster but I have to ask you first." Ted to Annie: "A hamster?" Annie nods. To Lizzie, "Sure. We'll go to the store on Saturday, sweetheart." He kisses her. Lizzie: "I'm going to call Becky Meyers. All she has is a box turtle." She runs into the other room to make her phone call. Annie: "All she's been through, I figured, `eh.'" She shrugs. Ted kisses her. Ted: "I talked to Miriam after court today. She said we should get Lizzie ready for the preliminary hearing. Annie, I don't want her to go through this any more than you do, but unless she testifies, this woman who took her will go free." Annie: "Will she go to jail if Lizzie does testify?" Ted: "I don't know." Annie: "Not good enough." Ted: "Annie, we can prepare her and Miriam will do everything she can to protect her." Annie: "The way she protected that girl from you yesterday?" Ted: "I thought you missed that." Annie shakes her head and grows angrier and more defiant as she continues: "No. I saw it. I didn't want to tell you but I saw it. Brutal as it was, I saw it! And I will not let some defense attorney do that to Lizzie!" Ted: "Our daughter can't be cross-examined on her failed attempts to hand- deliver herself to Neil Avedon." Annie: "So they'll ask her how many cookies she stole in kindergarten, whether she ever cheated at dodge ball -- and they won't stop until they've broken her down just the way you did with that girl!" Ted: "Annie, listen to me... " Annie interrupts: "No, you listen to me! I don't care if this woman goes free! Lizzie's not going anywhere near a courtroom -- not as long as I can draw a breath!" She rises from the table and storms out of the room. [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: John Carroll Lynch as Officer Carl Bickley Alexia Robinson as Akeesha Wesley June Saruwatari as Karen Ting Rosanna Huffman as Eleanor Iverson David Fresco as Retiree Paul Goodman as Actor Victor Bevine as Chef Director of Photography: Anthony R. Palmieri Production Designer: Paul Eads Edited by: Kaja Fehr, A.C.E. 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: Margaret Varian 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: Patty McGettigan Background A.D.R.: Superloopers Re-recording Mixers: Robert L. Appere, Ken Burton Set Decorator: Mary Ann Biddle Set Designer: Mindy Roffman Lead Person: Randy Bostic Property Master: Jerry Moss Location Manager: John Armstrong Script Coordinator: Michael Norell Casting Associates: Libby Goldstein, John A.Aiello Construction Coordinator: Pete Lawrence Transportation Coordinator: Norm Benson Assistant Production Coordinator: Ann M. Kaiser Post Production Coordinators: Laina Mumbrue, Jamal A. Swinton Production Accountant: Candace Montgomery-Lira Asst. to Steven Bochco: Barbara Kroells Asst. to Charles H. Eglee: Marian Devney Asst. to Fogle/Buckland: Karin Londgren Asst. to Donahue/Neigher: Holly Baker Asst. to Michael Fresco: Maureen Milligan EPR (R) Telecine and Electronic Assembly by Encore Video Inc Telecine Colorist: Michael D.Most 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 #7113 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.