Murder One

Season One - Chapter Twenty

U.S. air date: April 8, 1996

(Complete transcript) - [Final version]

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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.
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"Previously on MURDER ONE"

THE MURDER - Narrator's voice-over: "The murder." Clips of Jessica
Costello's dead body, mostly in black in white.

Clip of Det. Arthur Polson.

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

THE SUSPECT - Clip of the press surrounding Neil Avedon, after his arrest.
With narrator's voice-over: "The suspect: drug-addicted movie star, Neil
Avedon." Clip of Neil, in jail with Ted Hoffman.

Ted: "Looks like your hip-deep in a rape-homicide." Clip of Neil crying.

THE NEW SUSPECT - Narrator's voice-over: "A new suspect." Clips of
Eduardo Portalegre. Clip of Ted discussing Portalegre with Polson.

Ted: "Do your twenty years as a homicide detective give you a strong
sense that Eduardo Portalegre could be responsible for Jessica's death?"

Polson: "Answer is yes."

NEW PARTNERSHIP - Narrator's voice-over: "A new partnership." Clip of
Justine and Cross celebrating her new job with him after being dismissed
by Ted.

Cross: "You didn't think I'd abandon my friend in her time of need, did
you? You learn fast and you're loyal. Those are the only two qualities
that I require."

STRANGE BEHAVIOR - Narrator's voice-over: "Cross' strange behavior."
Clip of Cross on the witness stand.

Grasso: "When bail was set for Mr. Avedon at ten million dollars, were you
not the one who posted the bail?"

Cross: "I want you to unbutton the top three buttons of your blouse, pick up
those papers, drop them on the floor, bend over and pick them up." Snaps his
fingers. "Do it."

Clip of Neil, Chris and Ted discussing Neil's desire to testify for himself
in the case.

Chris: "Looks to me as though Richard Cross is having a nervous breakdown."

Neil: "Whatever it was we saw today didn't make me think Richard was capable
of murder. Tomorrow morning I'm going to testify."

Clip of Neil testifying under Grasso's cross-examination.

Grasso: "Did you or did you not say to Detective Arthur Polson that you were
experiencing some black-outs and memory losses?"

Neil: "I did not kill Jessica and forget about it."

Grasso: "Yet you can't state with absolute certainty that you didn't do it,
can you?"

Neil: "I guess theoretically it's possible."

Grasso: "Thank you, Mr. Avedon."

Neil interrupts: "But I'm telling you that I know myself and I didn't do
it."

SECRET FILES - Narrator's voice-over: "The secret files." Clip of Justine
going through Cross' file on Zephyr House as security enters. Clip of Cross
choking Justine.

Cross: "Do not, ever, lie to me."

Justine: "This was all just a huge misunderstanding, Richard. All I was
trying to do... " Richard grabs her throat.

Cross: "No lies, only truth." He lets her go.

Clip of Justine with Lisa at Ted's firm.

Justine: "Get me in a room with Ted. I think he's going to want to see
this." Shows Lisa her bruised neck.

Lisa: "Oh, my God."

Justine: "The handiwork of Richard Cross. Lisa, I'm a hundred percent
convinced, Cross murdered Jessica."

CHAPTER NINETEEN

Justine at work in Richard Cross' office. Eduardo Portalegre is there,
unseen by Justine. He is smoking Richard's cigar and drinking his liquor.

Portalegre: "Hello. You must be Justine."

Justine: "And you are?"

Portalegre: "Eduardo Portalegre."

Justine: "I thought you were in Brazil."

Portalegre: "Even a Portalegre has to take exams if he's to graduate from
an American university. Can I offer you some cognac? I'm sure Richard won't
mind."

Justine: "No, thank you. Where is Richard?"

Portalegre: "I suppose I should offer you one of these as well." Referring
to the cigar. "Liberated women in this country engage in such things as
well, no?"

Justine: "Not this one."

Portalegre: "Pity. A fine cigar is one of life's true pleasures. You have
not lived until you have had a Cojiba. Che Guevara, he created these after
the revolution for Castro's private use. Naturally they were banned in this
country which only served to make them even more desirable." He walks closer
to Justine. "You know what else they say about a Cuban cigar?"

Justine: "No."

Portalegre: "They take their sweetness from being rolled on the thighs of
young peasant girls. You're offended. Please. I meant no insult. I'm sure
your own thighs are equally as sweet if they're anything like your breasts."
He touches her breast.

Justine: "Hey!" She pushes his hand away.

Portalegre laughs: "American women. Why is it that they always make it a
game of defending their honor?"

Justine: "Eduardo, I'm leaving now and you're going to get out of my way."

Portalegre moves aside and gestures for her to pass but as she tries to do
so, he grabs her and tries to rape her. Richard uses the lit cigar to burn
Eduardo's hand thereby causing him to let go of Justine.

Cross: "What do you think you're doing?"

Portalegre: "You wait till my father hears about this."

Cross: "You can use my phone. I'm sure he'll be glad to hear you almost made
your third rape charge." Portalegre leaves.

Justine: "Thanks."

Cross: "Well the man walks into my office, helps himself to one of my
Cojibas, he deserves what he gets."

Justine: "Actually I was a little more concerned about what he was trying
to do to me."

Cross: "Who?"

Justine: "Eduardo."

Cross: "Oh, yes, Eduardo. He left a message with my secretary. He's coming
back from Sao Paolo. Are these the Fast Track documents that I'm supposed
to sign?"

Justine: "Yes." He signs them. "Richard, Eduardo was just in here."

Cross: "Eduardo who?"

[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:
Bobbie Phillips as Julie Costello
Gregory Itzin as DA Roger Garfield
Linda Carlson as Judge Beth Bornstein
John Pleshette as Gary Blondo
Natalija Nogulich as Martina Spector
Nick Corri as Eduardo Portalegre
Anne Haney as Melanie Kendall
Conor O'Farrell as Dr. Paul Kressel
William Marquez as Judge Vincente Nava
Kelly Hu as Natalie Cheng
Sabine Ehrenfeld as Jacki
Athena Massey as Colette

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
Teleplay by Geoffrey Neigher & Doug Palao
Story by Steven Bochco & Charles H. Eglee
Directed by Donna Deitch
------------------------

In court, closing statements of Miriam Grasso. Using visual aids to mark
her statements, she has photos of Jessica Costello, taken when she was
still alive and contrasted side-by-side with photos taken at the crime
scene of her battered and bruised face and neck.

Grasso, to the jury: "Good morning, ladies and gentlemen. This is the
morning I'm sure many of you thought would never come. The day when there
are no more witnesses, when all the evidence is in, and when hard as it
may be to believe, the lawyers are almost finished talking. Don't look too
pleased, I said `almost.' Before you retire to your deliberations, we're
going to speak with you one last time. And then it's going to be your
job to weigh the facts, to see which side the facts support and make your
decision as directed by the law. So what are the facts of the case." She
unveils a draped photo blow-up of Jessica's dead body. Her bruised neck
is clearly visible. "Here's one no one disputes. A lovely young girl named
Jessica Costello is dead. A girl not yet sixteen." Photos of an alive
Jessica are shown on a tv monitor. "A girl that had the rest of her life
taken from her by the person that entered her apartment on September
twentieth and beat and raped and murdered her. What are the facts in her
death? We know that she was strangled. Dr. Matheson described the bruising
on her neck, the way the assailant crushed the bones in her neck. We know
she was raped. Dr. Matheson described the tears and the abrasions in her
vagina. Officer Bickley found her tied to her bed, her apartment in
disarray. All signs that she desperately resisted her attacker. So who
attacked Jessica Costello in the last night of her life? Who committed
this brutal crime?" She walks over to the Defendant. "The facts support
only one conclusion." She points directly to Neil Avedon. "He did. The
Defendant, Neil Avedon. By his own testimony, he admits he was at her
apartment that evening and had sex with her. Well, what could he say?
Doctor Gafore identified his semen inside Jessica. Said it was one in a
billion that it could be someone else. But Mr. Avedon claims he merely
went over to her apartment, had sex with her and left. Allowing some
mystery man to enter her apartment and kill her after he was gone? Is that
the truth? Not according to Susan Dominick. Ms. Dominick testified that the
Defendant called Zephyr House at one-forty-five a.m. on the night of the
murder. She knew his voice. She talked with him. And when the phone company
traced the call where did it come from? Jessica's apartment. That puts Neil
Avedon at the scene of the murder between the time that Jessica made a
frightened, frantic call to Richard Cross at one-fifteen and Mr. Cross'
discovery of her body forty-five minutes later. Right in the middle of the
time-frame established by the medical examiner. Now, is this a coincidence?
Just bad timing that put Neil Avedon at the scene of a crime he didn't
commit? Well that's what he says. He says he never could have killed
Jessica. He loved her. But what are the facts? Again, by his own testimony,
he admits he was prone to violence. He admits he suffered black outs during
which he forgot entire evenings. He admits he had sex with Jessica Costello
and supplied her with cocaine. A fifteen-year-old girl. So, what does Mr.
Hoffman do? Mr. Hoffman parades in front of you a line-up of manufactured
suspects. Ah, Richard Cross did it! Oh, Gary Blondo did it. Her dentist did
it. Anyone but Neil Avedon. Neil Avedon, the drug-abuser. Neil Avedon, the
man who got his kicks videotaping himself strangling women during sex. Neil
Avedon, the actor, who gave his finest performance when he got up on this
stand and said, `Pay no attention to the facts. Damn the facts. Believe the
role I'm playing.' And what did he say to Dr. Graham Lester on the night of
the crime? `I did it. I killed Jessica Costello.' Oh, of course he denies
saying that now. Despite the drugs and the black outs, he's certain he didn't
say that. And in fact, Dr. Lester must have some sinister motive for saying
such a thing. What are the facts? Neil Avedon can't remember. So, Mr.
Hoffman drags up four very confused young ladies who accuse Dr. Lester,
a respected board-certified psychiatrist, of raping them. But when they
called Julie Costello, Jessica Costello's older sister to the stand to
confirm this wild story, what did she say? 'It never happened.' Why did
he do it? Why did Neil Avedon murder Jessica Costello? Simple really.
Because she rejected him. She was tired of the parties and the drugs and
the lifestyle Neil had introduced her to. She wanted out. But no one had
ever denied Neil. Not since he'd become a star they hadn't. So he goes over
to her apartment, furious at his rejection and he rapes her. And as she
desperately struggled in order to have a bigger kick, a bigger orgasm, he
choked the life out of her. Because she dared to say no to him. Now he hopes
that you'll ignore all the facts and let him get away with his crime. And
why not? In Hollywood someone always comes along to clean up after the
stars. Protect them from the consequences of their acts. Make it all go
away. Don't. Make him pay for what he did. Make him pay for that." She
points to the blow-up of the dead, bruised Jessica Costello.

Ted, Chris and Neil leave the courtroom and head outside.

Neil: "I swear, Teddy. If Grasso stuck her finger in my face one more time
I was going to lose it."

Ted: "I think restraint was the wiser choice, Neil."

Neil: "That Hollywood star stuff, you don't think the jury's going to buy
that, do you?"

Ted: "She was telling a story. Tomorrow we'll tell a different one." To
Chris, "Take Neil out the back. I don't want him talking to the press
until the jury's out."

Chris: "Come on." Some reporters shout some questions at Neil as he
passes. Ted leaves the building and runs into a swarm of press reporters.

Reporter #1: "How do you think Ms. Grasso did?"

Ted: "Miriam Grasso is an effective advocate for her cause. However I'm
confident that the jury will see through her rhetoric and find my client
not guilty."

Reporter #2: "Ted, is it true that you slept with Judge Bornstein?"

Ted: "What?"

Reporter #2: "My paper has reliable information that the two of you had a
pretty torrid affair thirteen years ago."

Other Reporters: "Did you sleep with Judge Bornstein?"

Ted: "This is garbage."

Reporter #3: "Do you think Bornstein should resign from the case?"

Ted: "If you want to ask me about closing arguments, do it. I won't comment
on tabloid gossip." As he makes his way through the press which is
surrounding him.

Reporter #4: "What is this, a non-denial denial, Ted?"

Ted: "That's `no comment.' That's all you're getting today." They continue
to shout questions at him but he finally makes it to the elevator.

Next scene, the divorce settlement meeting. Ted and his attorney and Annie
and her attorney. Both attorneys are female. Ted is sitting across from
Annie, staring at her. She can barely look at him.

Annie's lawyer: "Naturally Mrs. Hoffman will be seeking physical custody
of the minor child."

Ted's lawyer: "As long as we understand as we understand that legal custody
is to be joint."

Annie's lawyer: "That's fine."

Ted's lawyer: "The issue of child support remains open. The issue of
visitation remains open."

Annie's lawyer: "On the issue of visitation I would assume we're talking
about every other weekend and every other school vacation."

Ted's lawyer: "Please don't assume."

Annie's lawyer: "Okay, I won't assume. Visitation remains open."

Ted's lawyer: "Let's talk about division of assets."

Annie's lawyer: "We want the house. We want half the estimated value of
the law firm."

Ted's lawyer: "We have no problem as far as the house is concerned. As far
as the law firm, we'll agree to a buy out but only if we don't have to go
through competing net worth evaluations."

Annie's lawyer: "What does that mean?"

Ted's lawyer: "It means that we all agree to abide by the valuation of the
firm as sworn to by the firm's accountants."

Annie's lawyer looks to Annie who shakes her head: "Okay, we have a problem
then. We'll never agree to that. Let's put it aside and move over to support
payments."

Ted to Annie: "Has it really come to this?"

Annie's lawyer continues to discuss things with Ted's lawyer: "Let's talk
about spousal support."

Ted continues to talk to Annie: "Can we really not trust each other to do
what's right?"

Annie's lawyer: "Ms. Spector, I would ask you to admonish your client not
to address Ms. Hoffman directly."

Annie, ignoring her: "Why would I trust you? You've managed to stay married
to me for nine years and never once did you feel compelled to tell me the
truth about yourself."

Ted: "Tell you the truth about what?"

Annie: "Let's start with your affair with Beth Bornstein."

Ted's lawyer: "You know what, this isn't being productive."

Ted, ignoring her: "How did you find out about that?"

Annie: "A reporter called me for a quote."

Ted: "Do you understand that my relationship with Beth Bornstein was over
before I met you?"

Annie: "It seems to me that with this trial before her you still could have
mentioned it."

Ted: "It had nothing to do with us."

Annie: "It had everything to do with us. That and a thousand other things
like it are why I want our marriage over. I'm tired of living on the front
page of the tabloids."

Ted: "You think I like it?"

Annie: "I think you love it."

Ted's lawyer: "Maybe this would be a good time for us to take a little
break."

Next day, back in court.

Neil: "Then it's true? You and Bornstein."

Ted: "It was thirteen years ago."

Neil: "Yeah, but Teddy... "

Ted: "In here." Takes him into a private room.

Neil: "If Bornstein's still carrying a torch for you this could cut both
ways."

Ted: "It ended by mutual consent."

Neil: "So this could be good for us."

Ted: "Neil, this has no bearing on your case. I've worked a dozen trials
with Bornstein over the years and she's never been anything but even-
handed."

Neil: "I gotta hand it to ya, Ted. Before this started I thought I was the
stud in this case." Chris finds them.

Chris: "Ted. They need you in Judge Bornstein's chambers." Ted nods and
leaves.

Ted knocks on Bornstein's door.

Judge: "Come in." Grasso and Ted enter the chambers. "You called this
meeting, Ms. Grasso. Can I assume it's about the report in the tabloids?"

Grasso: "Yes, your honor."

Judge: "If you're expecting me to deny it, I can't."

Grasso: "Well, our investigation revealed as much. Look, personally, I'm not
that troubled by this. But I feel it's my duty to request a formal hearing."

Judge: "Let me understand this, Ms. Grasso. You want another judge?"

Grasso: "Roger Garfield will be, uh, arguing our motion. I'd prefer that he
address that issue in court."

Judge: "Very well. Let's set a hearing for later this morning."

Grasso: "Thank you, your honor. Now, if you'll excuse me, I'm sure you and
Ted have things to talk about that don't concern me." She leaves.

Judge: "Oh to be young and foolish again, huh Ted?"

Ted: "Days like this it's hard to remember ever being young. Any idea how
this happened to hit the fan?"

Judge: "A very good idea. Remember my assistant Carol Ryston?"

Ted: "Sure."

Judge: "Well last week I canned her for padding her expense reports.
Apparently she also felt entitled to pad her severance pay by accepting a
hefty check from The National Inquisitor."

Ted: "And Garfield wants to make a meal of it."

Judge: "Almost makes you wish we'd never stopped off for that drink, huh?"

Ted: "No." They smile at each other.

The hearing.

Garfield: "With all due respect judge, you're failure to be forthcoming
about your past relationship with defense counsel has created a substantial
doubt about your capacity to be impartial."

Judge: "In who's mind, Mr. Garfield?"

Garfield: "In the collective mind of my office."

Judge: "I see."

Garfield: "Therefore under Section 170.1 of the Code of Civil Procedure,
we move that you recuse yourself from any further participation in this
case."

Judge: "Is it possible, Mr. Garfield, you haven't been happy with my
rulings and you want me off this case?"

Garfield: "My only concern here, your honor, is the fair administration of
justice."

Judge: "Mr. Hoffman?"

Ted: "Your honor. I think we can all see this motion for what it is. A
desperate tactic by a district attorney who fears that he's losing this
case and his political career along with it."

Garfield: "Objection."

Judge: "Save your objections, Mr. Garfield. There's no jury to play to."

Ted: "Further, your honor, in your six years on the bench I've seen
nothing which would call you impartiality into question in this case or
any other I've argued before you."

Judge: "Mr. Garfield, in reviewing the trial transcript, I've discovered
I've ruled for the People twice as often as I've ruled for the Defense."

Garfield: "Not on substantive issues, your honor. The diary? Allowing Mr.
Hoffman to call me as a witness?"

Judge: "But this wouldn't be about retaliation, would it?"

Garfield: "Absolutely not."

Judge: "Let's cut to the chase. Under the statute you cited I would have to
have substantial doubt as to my ability to be impartial. If I had any doubt
I would have recused myself before this trial even started. Motion denied."

Garfield: "Then you should know, your honor, we'll be going before the
presiding judge on this matter."

Judge: "As if your right under the law, Mr. Garfield. However I will not
waste the taxpayers money or this court's time waiting for this issue to
be resolved. We will begin with Mr. Hoffman's closing argument after the
recess."

Richard Cross' office. He is staring out a window. He's very melancholic
and sluggish.

Justine: "You wanted to see me, Richard?"

Cross: "Yes. I need you to look into something for me."

Justine: "And what would that be?"

Cross: "I used to be able to see Catalina from this window. Right there."
He points. "Find out for me, why I can't any more."

Justine: "It's just a guess, Richard, but maybe it's because this window
doesn't face the ocean."

Cross: "Well that could be it, yeah. Good work, Justine."

Justine: "You okay, Richard?"

Cross: "Yep. Top of the world. Uh, on another note, um. I, I had lunch with
Eduardo Portalegre today who, um, (laughs) apologized profusely over some
incident that apparently happened between the two of you."

Justine: "Richard, I don't understand what's going on. You were here when
Eduardo attacked me. As you recall you burned a rather nasty lesson on the
back of his hand."

Cross: "Oh. Latin lotharios, the way they treat women. It's disgraceful."

Justine: "Would that include Jessica?"

Cross, suddenly sharp and clear-minded: "Jessica? Oh yes, the rumor that our
young Eduardo raped Jessica, yeah. Why would you be interested in that?"

Justine: "Just curiosity I guess."

Cross: "Justine, in my experience, a ruthlessly ambitious person like
yourself never asks an idle question."

Justine: "You think I'm ruthlessly ambitious?"

Cross: "Yes. And coming from me, that's a compliment."

Justine: "I was just curious if you knew anything about Eduardo's
relationship with Jessica, that's all."

Cross: "And you just thought you'd get some information about the Avedon
case which you could then take and shove in Ted Hoffman's ungrateful puss,
didn't you? And I admire that, Justine. I really do. But unfortunately I
had no idea that young Eduardo even knew Jessica so."

Justine: "One minute you're off in the ozone, the next you're focused like
a laser."

Cross: "I have some advice for you, Justine. Don't try to figure me out."

Back in court, Ted's closing arguments.

Ted: "Good afternoon. After hearing Ms. Grasso yesterday some of you may be
wondering why I'm even bothering to get up here. She made it sound so simple
to find justice in this case. Just convict Neil Avedon and go home. But
before you do remember: there were no eyewitnesses to the murder of Jessica
Costello. Ms. Grasso says, `Oh, but we have all these circumstances which
suggest Neil Avedon is the killer.' Witnesses who can place him at the
scene. One who even claims that Neil confessed. But when you look at her
case critically, as the law requires you must, you see that it rests on the
credibility of three witnesses: Susan Dominick, Graham Lester and Richard
Cross. If any one of them is lying, Ms. Grasso's case falls apart. Susan
Dominick says that Neil called Dr. Lester's clinic at one-forty-five. Ms.
Grasso says that this places Neil inside Jessica's apartment at the time
of her death. Putting aside the medical examiner's testimony, that the
murder could have occurred as much as three hours later, you're still left
with this: Neil was only there if Susan Dominick is telling the truth. You
remember the phone log? The one that purports to document Neil's call? Ms.
Dominick says she had to copy it over, not because she had to enter a call
from Neil which never occurred, but because she spilled coffee on it.
Accidents happen, she says. Well, maybe they do. But when she was asked
if she knew Richard Cross why was she evasive? Why did she conveniently
forget that he was paying hundreds of thousands of dollars for her brother's
medical treatment? Ask yourselves, was Susan Dominick telling the truth?
Graham Lester. He says that Neil confessed to him. What can be more
conclusive than that, Ms. Grasso says. Well, nothing, unless Dr. Lester
was lying for his good friend, Richard Cross. Four women took the stand
and described how Dr. Lester drugged and raped them, how he violated every
canon of medical ethics. Ms. Grasso says these women were confused. They
were too out it of on drugs to know what happened. Angela Scalese was not
confused. She stopped taking her medication. And when Dr. Lester entered
her room and attempted to rape her she knew exactly what he was doing. Ask
yourselves, was Dr. Graham Lester telling the truth? Richard Cross. He says
he found Jessica's body at two a.m. and that the only reason he didn't
call the police to report her death was that he was concerned about the
reputation of a woman who made her living as a prostitute. Who only surfaced
after Mr. Cross himself was arrested for Jessica's murder. Who didn't
Richard Cross know in this case? He introduced Jessica to the men in her
diary. He married her sister Julie to keep her from testifying against him.
He was one of the biggest contributors to the campaign of Roger Garfield who
personally ordered his release from jail. Richard Cross was in Jessica's
apartment that night. Did he kill Jessica? Did he make that call to Zephyr
House at one-forty-five so that he could conspire with Graham Lester and
Susan Dominick to set up Neil. From all you know about him, ask yourselves,
was Richard Cross telling the truth? Susan Dominick, Graham Lester and
Richard Cross. Ms. Grasso's case rests on the rotting foundation of their
testimony. To confuse you she tells you that we're trying to make Neil the
victim, to put Jessica on trial. I assure you, we are not. When we put the
men from Jessica's diary on the stand we did so to show you the dangerous
lifestyle she was leading. We let Neil's mother and his friends speak to
you so that you could see another side of him, the side the prosecution
doesn't want you to see. Neil Avedon and Jessica Costello were two lost
souls who found each other and fell in love. That's why no one grieves more
for Jessica's death than Neil Avedon. That's why nothing could compound
Jessica's tragedy more than to convict Neil Avedon of her murder. Did
Richard Cross kill Jessica? I can't tell you. I can tell you this: Listen
to your doubts, your very reasonable doubts about Ms. Grasso's unholy three.
Then you'll know Neil Avedon did not kill Jessica Costello. Neil Avedon is
an innocent man."

In court, before the presiding judge, the motion to dismiss Judge Beth
Bornstein from the Avedon case.

Judge: "I've read your motion, Mr. Garfield, as well the trial transcripts
and the transcript of your hearing before Judge Bornstein and unless you
have any additional information to offer, I'm prepared to rule."

Garfield: "Your honor, let me emphasize again the People's concern over
Judge Bornstein's failure to reveal her past relationship with defense
counsel. In all my years as district attorney... "

Judge, cutting him off: "I asked for additional information, Mr. Garfield,
not additional argument."

Garfield: "Understood, your honor. Understood. I just wished to
emphasize... "

Judge interrupts: "I understand what you're seeking here, Mr. Garfield. But
in my reading of the transcripts I see nothing which would suggest Judge
Bornstein's bias. Though in a perfect world it would have been prudent of
her to have revealed her past relationship with Mr. Hoffman. It occurred
long enough ago as to be inconsequential to this case. Your motion's denied.
With prejudice." That gets a reaction from Garfield.

Back in court, Grasso's rebuttal of Ted' closing arguments.

Judge: "Ms. Grasso, are you prepared to proceed with your rebuttal?"

Grasso: "Yes I am, your honor."

Judge: "Then please do so."

Grasso: "Okay. We're almost done. After I finish talking with you Judge
Bornstein will present her instructions and you'll get on with the business
of reaching a verdict. It's a daunting responsibility, I know. Hunting for
the truth. Deciding someone's fate. The only suggestion I'm going to make
is that you face this responsibility with the strongest weapon you possess:
your common sense. Because that's what will get you to the truth. That's
what will get you through frankly the maze that the defense has constructed
to make you lose your way. If you let your common sense be your compass
you won't get lost. You won't buy the suggestion that the Defendant should
be forgiven for this crime because he was abused by his father. Or the
implication that Jessica Costello was a wild girl and therefore she deserved
what she got. You'll see through the attempt to cast suspicion on innocent
men, remembering that they didn't leave their semen in the victim on the
night that she was brutally raped and murdered. If you follow your common
sense you'll see in the Defendant's actions a pattern of violence that's
consistent with this horrible crime. You will never lose sight of the fact
that he admitted that he killed Jessica Costello. He admitted it to Dr.
Graham Lester. And on a videotape he showed us how he did it. If you'll
watch the monitor please."

Ted: "Your honor, objection."

Grasso: "To what?"

Ted: "To the attempt at transformation of these proceedings into a show and
tell circus. The jury has already... "

Judge interrupts Ted: "Approach, please. Both of you." To Grasso, "This is
the tape of the Defendant having sex with Melissa Griotte?"

Grasso: "Yes it is, your honor."

Ted: "Then it's prejudicial."

Grasso: "Because it proves your guy's guilty? Your honor, this tape's
already been admitted into evidence."

Ted: "Fine. And if the jury wants to see it they can request a showing at
any time. But Ms. Grasso shouldn't be shoving it at them now."

Grasso: "Since when does the Defense get to script my closing argument?"

Ted: "There are limits to the use of evidence, your honor. Common sense
tells you that. Otherwise the prosecution would have been playing this tape
on a ten-foot screen throughout this trial."

Judge: "Nevertheless, counsel, the People are entitled to recapitulate
evidence during their rebuttal. I don't find the use of this tape to be
prejudicial. You may step back." The Griotte tape runs as Grasso continues
her rebuttal.

Grasso: "I read to you from Dr. Graham Lester's notes, his testimony of
February 19th, where he describes the Defendant's agitated arrival at his
clinic on the night of the murder. `He told me that he had gone to Jessica's
apartment earlier that night. There'd been an argument. He lost his temper
and he said that he killed her.' And later this sequence when I asked, `When
Mr. Avedon had told you he had just killed Jessica Costello, did he seem
coherent?' Answer: `Yes.' `Was he delusional?' Answer: `No.' `Was it your
opinion that the Defendant was reporting a fantasy or a dream when he told
you he had just murdered Jessica Costello?' Answer: `No.' By the grace
of God, ladies and gentlemen, Melissa Griotte survived this horror. The
Defendant's other victim did not. That difference aside, what you are
witnessing, is the murder of Jessica Costello. Common sense, ladies and
gentlemen. Common sense. If you use it to consider this and all the other
evidence you will surely conclude beyond a reasonable doubt that Neil Avedon
murdered Jessica Costello. Thank you."

Judge Bornstein presents her instructions to the jury. She reads first
from the charges and the instructions on selecting a foreperson and
deliberations.

Judge, reading: "`It is the state of the case which, after the entire
comparison and consideration of all the evidence leaves the minds of
the jurors in that condition that they cannot say that they feel an
abiding conviction to a moral certainty of the truth of the charge.' Now.
Having fulfilled the letter of the law by reading the charges and being
reasonably sure that there are at least a few of you that may need further
clarification, let me try to put this in plain English. It is your job
to find out whether that man (nods towards Neil) is guilty of first degree
murder. In order to determine if he is indeed guilty of that crime you
must first find that he committed a rape upon Jessica Costello. And you
must reach that conclusion beyond a reasonable doubt. Beyond a reasonable
doubt doesn't mean you must have no doubt. It means beyond a doubt that is
logical. If after hearing the People's case you still have such a doubt
then Mr. Avedon is entitled to a verdict of not guilty. As to circumstantial
evidence, if in your mind such evidence can be interpreted to favor either
innocence or guilt, you must adopt the interpretation which favors innocence.
With regard to witnesses, you have no obligation to accept all or even any
of their testimony. In weighing what they've said you should consider their
credibility. The extent of their opportunity to actually observe what it
is they testified about. And the reason why they testified. Put all these
elements together and then give their opinions the weight you feel they
deserve. Thank you, ladies and gentlemen, for your patience. (Again reads:)
`You shall now retire and select one of your number to act as foreperson.
He or she will preside over your deliberations. In order to reach verdicts
all twelve jurors must agree to the decision and to any finding you have
been instructed to include in your verdict. As soon as all of you have
agreed upon verdicts so that when polled each may state truthfully that
the verdicts express his or her vote, have them dated and signed by your
foreperson and then return with them to this courtroom.' You may now retire
to begin your deliberation."

The jury rises and leaves the courtroom. None of them look at Neil on their
way out. As Neil, Chris and Ted leave the courthouse they're met by the
press. The reporters are all shouting questions.

Reporter #1: "Is it true, Neil, that Random House has offered you a five
million dollar book deal?"

Neil: "No, I haven't seen anything. I've been too busy with the trial to
look at offers or deals or anything."

Reporter #2: "Mr. Hoffman, how long do you think the jury will take before
they reach a verdict?"

Ted: "I have no idea."

Reporter #3: "If they stay out a long time do you see that as a bad sign?"

Ted: "Murray, I've been in this business long enough to know the length of
time a jury spends deliberating is no more reliable than the editorials
about me in your newspaper."

Reporter #4: "Are you confident?"

Ted: "I'm optimistic. I believe we'll get a positive result."

Reporter #5: "A hung jury?"

Ted: "An acquittal."

Reporter #4: "Well how about you, Neil? This must really be a stressful
time for you?"

Neil: "Um, I believe in the American system of justice. And I believe those,
those fine men and women on the jury will do their duty. They'll find the
truth and when they do I believe that each and every one of them will
declare me innocent."

In the parking garage with Chris and Ted. Neil lights a cigarette.

Neil: "Now all I'll need is a blindfold."

Chris: "Come on, Neil."

Neil: "Did you notice one of those jurors even glance at me on the way
out?"

Ted: "Neil, you can't gauge what a jury's going to do from whom they look
at when they leave the room."

Neil: "I got a vibe."

Ted: "Don't put any stock in vibes."

Chris: "All we need is one juror. One juror who believes that there's
reasonable doubt."

Neil: "Well, I don't know we have that, Chris."

Ted: "What I said when we first started this whole thing is still true.
We're going to deal with whatever the jury decides. And if it's not what we
hope for, that's not the end of the road. We'll keep fighting. But I don't
think it will get to that. I think we're going to get the verdict we want."

Neil: "All right. Screw all this negativity, right?" Ted nods.

Chris: "Atta boy."

Ted: "Give us a minute, huh? Keep an eye on him and stay near a phone."
Grasso approaches.

Grasso: "Here we go again, huh, Teddy?"

Ted: "Again, Miriam."

Grasso: "Twenty-three years I've been holding my breath waiting for juries.
Who was it? Sisyphus, had to keep pushing a rock up a hill, over and over.
Sometimes I feel like that."

Ted: "I remember when we used to meet at a time like this. We used to say,
`Bloodied, but unbowed.'"

Grasso laughs: "I don't know about you but I'm feeling pretty bent over
these days."

Ted: "How are things going?"

Grasso sighs: "It's a big house. Too much of it smells like Harry's cologne.
Think I'm going to sell it. How about you and your wife?"

Ted: "I don't think it's going to work out."

Grasso sighs: "I guess we both got pretty dinged up this time."

Ted: "Yeah. Winner buys, right?" They shake hands.

Grasso: "Winner buys."

Next scene, Justine and Cross having dinner, at his office.

Justine: "To the new owner of  Fast Track Tires, Incorporated."

Cross: "To the woman who made it all happen." They toast each other.

Justine: "Congratulations. Now you can get a flat tire anywhere in the
Midwest."

Cross laughs: "Well, I know how unenthusiastic you were about this
transaction, Justine, and I appreciate you're seeing it all the way
through."

Justine: "Mine is not to question why."

Cross' secretary: "Your dinner's here."

Cross: "Great. Send it in."

Waiter: "Evening, sir." He wheels in a tray of food.

Cross: "Good evening."

Waiter: "Ma'am." Prepares to serve the meal.

Cross: "What is that?"

Waiter: "Your order, sir."

Cross: "But what is it?"

Waiter: "The trout almondine with mixed... "

Cross: "I did not order fish."

Justine: "Actually I think you did, Richard."

Cross: "Don't contradict me, Justine." He's becoming visibly more ill.

Waiter: "Sir, I'm sorry. Uh, if you'd like something else I can get on the
phone to our chef and... "

Cross cuts him off: "You can shove the phone. Just bring me what I ordered."

Waiter: "Yes sir." He leaves with the cart.

Justine: "Is something wrong, Richard?" He's holding his head and rubbing
his temples.

Cross: "I have this headache, it just won't go away. I'm probably coming
down with this flu, you know, that's afflicted everyone here. I should have
gotten myself vaccinated."

Cross' secretary: "Richard, I'm sorry. I must have misunderstood. Um, what
was it... "

Cross: "That's okay. Don't worry about it. I've lost my appetite anyway."
He continues to press his eyes.

Justine: "Richard?"

Cross: "I'm all right. I'm fine. I've just got something in my eye." Rubs
his eye and holds his head again. He turns pale and begins to slur his
words. "You know what, I'm going to have to excuse myself for one second."
He rises. "You just, um... " His eyes roll back in his head, collapses to
the floor and begins having seizures.

Justine: "Richard? Richard?" To his secretary, "Call 911."

At the hospital, Justine waits for word from the doctor and Julie arrives.

Julie: "How is he?"

Justine: "I don't know. His doctor arrived a short while ago. He's in with
Richard now."

Julie: "Did Richard say... "

Justine: "He was incoherent from the office to the emergency room. I didn't
get a chance to talk to anybody." The doctor comes out of the room. "Dr.
Kressel, I'm Justine Appleton. This is Mr. Cross' wife."

Kressel: "Hi, um, your husband's resting now. The, uh, seizure's abated.
We've got him on anti-convulsive medication."

Julie: "Where is he? Can I see him?

Kressel: "Not now. He's in the ICU. He's still semi-conscious. Also he's
aspirated some vomit so we had to intubate and sedate him. Uh, there is a
danger under these circumstances of contracting pneumonia."

Justine: "He seemed feverish earlier. He said something about coming down
with the flu."

Julie: "It's not the flu."

Kressel: "Well we should have a clearer picture once he's stabilized. If
you'll excuse me... "

Justine: "Wait a minute, where are you going?"

Kressel: "I have work to do."

Justine: "You can't tell us anything else?"

Kressel: "We're doing some tests."

Julie: "What kind of tests?"

Kressel: "I'm not at liberty to discuss that."

Justine: "Doctor, this is Mr. Cross' wife. If you know something, you need
to tell her."

Kressel: "And just who are you anyway?"

Justine: "Mrs. Cross' attorney. One of those people who sues doctors for
malpractice."

Kressel: "Oh well counselor, I guess you've never heard of the doctor-
patient privilege."

Justine: "And I guess doctor you've never heard of Barnett v. Kazanjian,
324 Cal. App. 615, which pierces qualified privilege under circumstances
attended to potential intestacy?"

Kressel: "Um. Would you come with me please, Mrs. Cross?" A patient who has
been listening to Justine speaks up when the doctor and Julie leave.

Patient: "I've been practicing law for twenty years and I've never heard of
Barnett v. Kazanjian?"

Justine: "It's not a well known case." Julie returns.

Julie: "Richard has AIDS. The doctor said it's in his brain now. The AIDS
is what caused the seizure."

Justine: "Julie, I'm so sorry."

Julie: "I just thought the way he was behaving it was stress from working
too hard. But it's these lesions in his head."

Justine: "Can they be treated?"

Julie: "The disease is in the fourth stage. They can give him medication to
make him more comfortable but the forgetfulness, all the acting out, the
seizures, it's only going to get worse, until it kills him."

Justine: "Richard's a fighter, Julie. He' one of the strongest men I've
ever met."

Julie: "When I first met him, we took his jet to an island he owns off the
coast of Honduras. Just us and a small staff to provide whatever we wanted.
We swam, we danced, we ran on the beach. I thought he was the most
charismatic man I'd ever met. The most attractive. The most sexual. I
wanted him for him, not for the money, not for the life he lived. For him.
But he never touched me. Now I know, he was just trying to spare me from
his infection."

Justine: "You didn't see any signs? Nothing at all?"

Julie: "I noticed the outbursts. The lapses. Now I'm wondering... "

Justine: "What?"

Julie: "Who knows how long Richard's had these lesions? Maybe he killed my
sister and he doesn't even remember it?"

Back in Ted's office, late at night. There's the sound of giggling out in
the lobby. Gary Blondo is at his door with two party girls, fans of Teddy
Hoffman.

Blondo: "Teddy? You'll never guess. Never guess. Well, there he is. The man
of the hour."

Ted: "Gary, what are you doing here?"

Blondo: "I know, I know. You're thinking after the way you shredded me on
the stand you'd never hear from me again."

Ted: "Gary." 

Blondo: "Turns out you did me a favor. Renee's filing for divorce. My
secretary can stop lying to her. And more than one major studio is looking
at me for the next head of production." The girls are standing in the
doorway, talking and giggling incessantly.

Ted: "I'm glad it all worked out."

Blondo: "Lemons into lemonade, Teddy. That's what it takes to survive in
this business. I guess, uh, you're wondering about that? (Points to the two
girls.) I'm at the Peninsula Bar, chatting up these two prime cuts and I
mention that I know you and they flip. It turns out they are huge fans.
Girls! Come in, come in, come in! Meet Ted Hoffman. Teddy, this is, eh,
Jackie... "

Jackie: "Hi."

Blondo: "And, um, uh... "

Girl #2: "Colette."

Blondo: "Colette, I knew I'd get it."

Colette: "We saw you on tv today, Mr. Hoffman, and I must say you have such
a wonderful way with words."

Blondo: "Are you kidding? The man's a master! F. Lee Bailey couldn't lift
his jock-strap!" The girls laugh.

Ted: "Ladies, would you excuse us for a moment?" They wait outside the
door. "Gary, whatever you have in mind here, I'm not interested."

Blondo: "Are you insane? Teddy, you are at this moment, as hot as a man
gets. Strike now or forever hold your piece, if you know what I mean?"

Ted: "I have to decline, but I appreciate the offer."

Blondo sighs: "To quote Dionne Warwick, `That's what friends are for.'
Besides, look, we could talk business. I mean if I get this  head-honcho
job I'm gonna need a bull-dog!"

Ted: "No thanks."

Blondo: "Teddy. Blondo's Bimbos awaits"

Jackie: "Are we leaving soon?"

Blondo: "Yeah, but Teddy isn't coming." Both girls are disappointed.
"Ohhhh. Teddy, I leave you with this one thought: When you've been dead
a hundred million years you'll have only begun to be dead for as long as
you're going to be dead which is forever."

Jackie: "Wow. That is so deep." Kisses Gary.

Blondo: "Deep." Colette waves goodbye to Ted. And the three leave Ted's
office.

At Neil's apartment, Chris is keeping him company. Neil is nervous, pacing,
worried about the jury and their verdict. He can't settle down.

Chris: "Do you want some chicken?"

Neil: "No." The phone rings. Neil picks it up. Turns out to be a wrong
number.

Chris: "You all right?"

Neil: "I just thought it was... you know... maybe the jury had a verdict."

Chris: "Neil, they're not working at nine o'clock at night. If they got
something for us the earliest it's going to be is tomorrow. Try to relax."

Neil: "Yeah. Yeah, relax. No big deal. I'm just waiting to hear if they're
going to lock me up for the rest of my life. You know what's going to make
me relax, Chris? The knowledge that if I get convicted I'm going to take
a gun and I'm going to blow my brains out."

Chris: "I don't want to hear that, Neil. I don't want you even thinking
about it. Look, Neil you gotta focus on what Ted told you. Whatever the
word is from that jury, we are going to deal with it."

Neil: "There was a time where I'd deal with it over a bottle of Cuervo and
a few lines of coke."

Chris: "Hey, win or lose, don't throw away what you've gained. You're
sober. Don't let go of that."

Neil: "Yeah. Look, Chris, I am fine, all right? You don't have to hang
around if you don't want to."

Chris: "It's okay. If we're both going to be walking the floor all night,
we may as well do it together."

Final scene: Ted drives Lizzie back home after a visit.

Lizzie: "Aren't you coming inside?"

Ted: "No, honey. I don't think I should do that."

Lizzie: "'Cause you're mad at mommy?"

Ted: "I'm not mad at mommy."

Lizzie: "She's not mad at you either. She said you did a real good job in
court."

Ted: "Did she?"

Lizzie: "Mm-hmm. Real good. She liked your speech a lot. So I don't think
mom's mad at all."

Ted: "Honey, I think it would be better if we just say our goodnights out
here, okay?" She begins crying. Ted is near tears as well.

Lizzie: "No, I want you to stay over."

Ted: "Sweetheart, I can't do that. I'll always love your mother. I'll always
love you. But I can't stay over." Annie comes out the house and up to his
car.

Annie: "Lizzie, come on. It's way past your bedtime."

Lizzie: "I want daddy to sleep over."

Ted: "Honey, I'll be at your soccer practice tomorrow. We'll spend all
weekend together. Everything's gonna be all right."

Lizzie: "No. It won't." And she gets out of the car and runs to the house.

Annie: "Lizzie." Looks at Ted, then runs after her, calling her name.
Ted's left alone in the car.

[End titles]

Steven Bochco Productions
20th Century Fox Television, a News Corporation Company
Story Editors: Doug Palau, Charles D. Holland
Supervising Associate Producer: Gigi Coello-Bannon
Associate Producer: Chad Savage
Casting in New York: Alexa L. Fogel, C.S.A.

Co-Starring:
Bruce Wright as Reporter #1
Leslie Ishii as Reporter #2
Lisa Dinkins as Reporter #3
Chad Einbinder as Reporter #4
Vanessa Zima as Elizabeth Hoffman
Markus Redmond as Mark Washington
Arthur Brooks as Barry Connox
Michael Klock as Cameraman
Hugh Ross as the Waiter
June Saruwatari as Karen Ting
Alexia Robinson as Akeesha Wesley
Rosanna Huffman as Eleanor Iverson
Paul Goodman as Shel Metzger
David Fresco as Albert Wysong

Director of Photography: Anthony R. Palmieri
Production Designer: Paul Eads
Edited by Andrew Doerfer
Unit Production Manager: Patrick McKee
First Assistant Director: Michael J. Schilz
Second Assistant Director: Andy Spilkoman
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
Technical Consultant: Debra Carrillo
Production Sound Mixer: Susan Moore-Chong, C.A.S.
Supervising 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 
Art Director: Mindy Roffman
Lead Person: Randy Bostic
Property Master: Tommy Day
Location Manager: John Armstrong
Script Coordinator: Michael Norell
Casting Associate: Libby Goldstein
Construction Coordinator: Pete Lawrence
Transportation Coordinator: Norm Benson
Assistant Production Coordinator: Ann M. Kaiser
Post Production Coordinators: Laina Mumbrue, Jamal A. Swinton
Production Accountant: Candace Montgomery-Lira
Asst. to Steven Bochco: Barbara Kroells
Asst. to Charles H. Eglee: Marian Devney
Asst. to Fogle/Buckland: Karin Londgren
Asst. to Donahue/Neigher: Holly Baker
Asst. to Michael Fresco: Maureen Milligan
EPR (R) Telecine and Electronic Assembly by Encore Video Inc.
Telecine Colorist: Steve Porter
Re-recorded at Sony Pictures Studios
Post Production Sound Editorial by Miles of Fun Sound
Presented in Dolby Surround
Lenses & Panaflex (R) camera by Panavision (R)
Copyright (c) 1996 Steven Bochco Productions #7120 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.