Law & Order (1990–2010): Season 3, Episode 9 - Law & Order - full transcript

With Phil Cerreta recovering from his gunshot wounds, Detective Logan is partnered with Det. Lennie Briscoe, an old hand whose brash demeanor is somewhat off-putting. Their first case is a shooting death outside a nightclub just around closing time. The shooter, Mary Kostrinski, freely admits killing the man saying she was in fear of being raped. Dr. Elizabeth Olivet's opinion is that the woman was in genuine fear of her life. The police investigation and her account of events don't add up. She's charged with murder but Stone is prepared to deal to get a conviction, especially after Olivet is called as a defense witness. She has bigger fish for him to fry. Meanwhile, Phil Cerreta decides not to return to the streets.

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(narrator) In the
criminal justice system,

the people are
represented by two separate

yet equally important groups:

the police who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

You arrest three or four
hours before your tour ends

and then from booking
the 124 man signs you out.

You're home
early and you're still

glomming time
off the city clock.

(Adams) Up ahead.



She's trying to ditch him.

No, she's putting out scent.

What now?

We front them a couple
of bucks for a room?

[police radio chattering]

(woman over radio) An
available two-seven unit.

Two-seven Davis standing by.

Sector Davis, 22 88th.

Respond to a 10-24, man down.

Shots fired.

[siren wailing]

[clicking]

Meet John Doe.

Took one in the
pump, frontal entry.



Was he picked clean?

They missed these
in the jacket pocket.

Gleason's Gym.
We got a fight fan.

You working solo?

Over here.

.32 auto.

Not a mugger's choice.

Put it back exactly
where you found it.

(Logan) Your beeper not working?

What I was doing, I
don't wear a beeper.

Usual treatment of a
crime scene, Carillo,

you stirring it with a stick?

Hey, hey, before you
stomp all the evidence

into the pavement,
could I see a diagram?

Hey, Briscoe's your new partner?

It's temporary.

You hope.

Who took the call?

Would you mind taking
notes? I can't read my writing.

I got my own pad.

How soon did you get here?

Pretty quick.

We were right over here
at Broadway and Murray.

Stuffing yourself with
Oscar's doughnuts?

We were at a stoplight.

This is on your tour.

When you came by before
did you see anything?

We saw nothing.
The street was quiet.

Hang out.

Hey, Briscoe, I don't
know how you work,

but it's not about doughnuts.

It is when there's
powdered sugar on his blues.

I had about 20 people
in here watching replays,

I was working the
rounds before last call.

So you heard a shot, right?

Yeah, ears went up,
orders went down.

So, put everyone's mind at ease,

I decided to go
outside and take a look.

Guy's lying on the sidewalk.

You see anybody
else, maybe a car?

Street was empty.

Whoever did him
was already gone.

What about your customers?

Anybody know him?

Hey, while I'm calling the cops,

I got the evacuation of
Saigon going on in here.

For all I know
he's just some guy

walking down the street.

[car horns honking]

You know, Logan,

I don't have any
problems with your jinx.

That so?

Hey, two partners shot.

Lot of guys would
say you're a black cat.

The fact is my ex-wives

are both thrilled I got this.

They're under the
mistaken impression

that I'm heavily insured.

Hey, Briscoe, don't
forget, it's a temp job.

The minute my
partner's off his back,

your ex-wives get
very disappointed.

Fine. I like short matches.

Just don't ever ask
me to be the first one

through the door.

The days when I took
chances are history.

Victim had four tickets
to Gleason's Gym.

You know it?

Yeah, it's in Brooklyn.

You gotta come
on Saturday night.

Kid Moran, you ever hear of him?

Yeah, a mutt with a glass jaw.

He's big now. Doc
here trained him.

Kid's got real fans.

Is he one of them?

I don't know.

Somebody comped him four tickets

to Saturday night's card.

Maybe we ought to ask Doc.

He's good with faces.

Doc, take a look.

It's Tommy Duff.

You know him,
never bet minorities.

Well, aside from offending
the Reverend Al Sharpton,

did he offend any bookies?

Gambling's a felony. We
wouldn't know about that.

And Tommy never
bet more than $20.

Never got jammed up.

Any idea where he lived?

Years back, he came
in regular with his wife.

She waits tables at
Donlon's over by the docks.

Tommy and me been
apart nearly 10 years.

But we never divorced.

You know, the church and all.

When's the last time
you saw your husband?

Every blue moon

Tommy would come
by for breakfast.

Dressed sharp
from the night before

to rub my face in it.

To rub it in what?

Tommy was a sport.

Sport? What kind of sport?

Rounding the
bars, chasing skirts.

It's probably what killed him.

Hasn't killed me.

He had sense
enough to stop drinking

because of his ulcer,

but he had no respect
for the sanctity of marriage.

Probably fell to a
jealous husband.

Let's try jealous wife.

Where were you
last night, Mrs. Duff?

Last night I was
with Monsignor Ryan

discussing a personal audience

with His Holiness for my mother.

You can reach
him at the diocese.

What about Tommy's
professional pursuits?

He wouldn't tell me.

He must have found a
way to pay for your support.

When he was in the
mood. I chased him to hell

and gone for every nickel.

Where'd you find him?

Kept an office in
that old building

next to the Norwegian
Sailors' home.

'43 to '45,

this place was filled
with women, lookers.

They made Norden
bombsights all over town.

Hmm.

Since the war...

Tommy do a lot of entertaining?

Uh, he sold liquor
and cigarettes

to bars all over town.

Where'd he get all this stuff?

Guys brought it in vans.

Sometimes I'd help out.

Tommy'd give me a couple bucks.

These the bars he sold to?

Yeah. Like I
said, all over town.

Uh-huh.

Hey, look at this.

P.J. Smyth's where
Tommy Duff was

just a guy walking
down the street.

Understand my position.

Word gets around
customer was shot,

people get it in their heads

it's not healthy to drink here.

Hey, listen up.

All of this looks
like evidence to me.

I make one call, it's gone.

I don't know where
Tommy got his booze.

Think I'd ask him?

Not if the price was right.

When he came in,
who was with him?

He'd come in on
Thursdays, alone.

Take an order for booze.

I'd comp him a tab
for him, whoever.

Kept him happy.

His happiness mattered?

Good will. Respect.

Respect.

I guess I'll make that call.

What? What? What?

Respect for a two-bit dipso
who worked out of a rathole?

Word's out Tommy was connected.

He carried a bag
for Jimmy Scanlon.

[sighing]

Jimmy Scanlon.

The Jimmy Scanlon who
cooks bubble and squeak

for half the city council.

Numerous indictments
for racketeering.

No convictions.

Luck of the Irish, Kevin?

[clears throat]

You gonna haul this place away,

take me with it.

I'm not saying another
word about Jimmy Scanlon.

I take it you're not
here to talk about

borrowing my hall

for a Patrolmen's
Widow's Benefit.

We're here about the death
of a certain Tommy Duff.

Tommy Duff?

Jeez, I know maybe
a dozen Tommy Duffs.

You gotta give
me more than that.

Ahem, this Tommy
Duff was shot last night

near a bar called
P.J.'s on Murray St.

Shot on our streets?

Well, that does
narrow it down a bit.

It's been said that this
one carried the bag for you.

Explain what you mean
by "carried the bag."

Yeah. Yeah, I'm
a bit mystified, too.

Fill Mr. O'Hagan in on that.

I have to explain
the term "bagman"

to Jimmy Scanlon?

There's not a restaurant
or a bar in Queens

doesn't pay you protection.

If you can read, take
a look at that wall.

There's citations there
from every office in this city.

Now the only bags
that are carried for me

are to charities
which I support.

Just like Santa.

Yeah. Yeah, Just like Santa.

And Tommy Duff
wasn't one of my elves.

Latent confirms the
ID. Thomas Xavier Duff.

Born: January 3, 1935, Boston.

He's got priors.

Hey, Briscoe, what, are
you scavenging for bones?

That's Phil's desk.

I'm gonna use one drawer.

What's the point?

He's gonna be back
within the month.

Councilman Levin
just burned my ear

for half an hour

making me aware of
what Jimmy Scanlon

has done for this city.

Now was I listening
to that for nothing?

Duff's priors.

It walks and quacks
like a mob hit.

11 arrests. Numbers,
extortion, assault.

What's not on there is adultery.

His wife said he
greased his zipper.

Hey, your Italians and
Hispanics kill for love.

Micks kill for money.

This time tomorrow
maybe you could come up

with something better
than ethnic slurs.

Either link up
Scanlon, or move on.

[phone ringing]

Hey, Donny.

Listen, what's the word?

I mean, when's Phil coming back?

Okay. What's your problem?

It's not a problem. I just...

It's just you don't deal
real well with change.

What do you mean?

I mean, I'm thinking back
to when Phil came on.

It's not always love
at first sight with you.

Look, I can handle it.

I just wanna know for how long?

I wanna know how
long is my mother-in-law

gonna live with us.

I don't know,
but I'm learning to

enjoy her pot roast.

Hey, you thought the
doughnuts meant nothing?

Yeah. What?

The fat cop with the
sugar on his blues

says they passed
the bar at 2:15.

His partner says
1:45, before closing.

Maybe it was 2:15.

You mean maybe it was
whatever he says it was.

Stop trying to confuse her.

You think we're lying
about something?

Hey, Libik, in your
jacket I saw "lying"

listed under vocational skills.

You'd better come up for air.

You go to a disciplinary hearing

and he is gonna drown you.

Okay, we saw him
before he got shot.

He came out of a bar.

He was following a woman.

I thought he was chasing
her, so we slowed down.

He was trying to get
her phone number.

She wanted to lose him.

She was laughing at his jokes.

It was harmless.

Adams, was she laughing?

She smiled, like she was trying

to keep him happy or something,

but to my mind, she was scared.

Scared of him?

I don't know.

[sighs]

Scared about something.

I mean, this guy's
got a long list of priors,

but no record of assaults.

What's she scared of,
another chorus of Danny Boy?

How about she knows
her jealous husband's

searching the
meat racks for her.

She takes off. Tommy follows.

And hubby catches them
on the street, and ba-bing.

Strikes a blow
for family values.

They head home, whatever.

But somebody saw
her and Duff in that bar.

Maybe a regular
who'll be back tonight.

Oh, yeah.

"Hi, any of you folks here
the night the guy got shot?"

I don't picture too
much cooperation.

See you, Nicky.

(Nicky) See you, Lennie.

[horn honking]

Hey, Briscoe, what's going on?

Never got a check.

Oh, it's okay.

The guy who runs
the place is my snitch.

What do I do,
stare at my linguine

while you clip him for meals?

He thinks I'm corrupt
so he trusts me, all right?

Say hi to Phil.

(announcer) All on-duty interns
report to nursing station five.

All on-duty interns report
to nursing station five.

[phone ringing]

Big daddy.

You bum, you're finally
getting 10 hours of sleep.

[laughs]

What you got there?

Ah, these are those,
uh, those Italian cookies

you're always saying you
wish you could eat but you don't.

Biscotti Amaretti.

I figured we can celebrate.

Doctor says you're
out of the woods.

Yeah, I might have a
little weakness in my legs.

A couple of nerves
near my spine got nicked.

Yeah, well, a little
bit of exercise, right?

You'll be okay.

I'll get around fine.

Yeah.

Mikey...

I'm not gonna be in the
street with you anymore.

What I'm saying is that

even with the physical
therapy and everything,

as your partner, I
wouldn't be 100%.

Hey, now wait a minute, Phil.

Any percent you give is enough.

Not for me.

The, uh, uh...

The, uh...

Chief of Detectives
has offered me

the administrative
desk at the... at the 110.

[sighs]

Oh, boy. Hey, what can I say?

I mean, that's...

That's a big bump in
your salary. It's good.

It's not about the bump. It's...

[knocking on door]

[phone ringing]

Elaine, how are you? Fine.

It's good to see you.

Now that he's fine.

Is he something, huh?

What did they say,
two, three days?

End of the week he's home.

Told Mikey about the 110.

It's gonna be
great for the family.

Right near Forest Hills.

We can have lunch together.

That's great. I'm...

I'm very happy for both of you.

What's all that?

I pulled some plastic
receipts from the bar.

Yeah? You got some names?

Yeah. A few.

You gonna send
them Christmas cards?

I was waiting for you.

I'm partial to
singing telegrams.

You wanna hit the
streets or what?

Hey, Tommy Duff isn't
gonna get any deader.

You wanna spare me five
minutes for some business?

Go ahead, make sure all
that life insurance is paid up.

Okay, okay.

[phone ringing]

We handle accounting
for several of the city's

largest churches and
religious foundations.

My employers
would not appreciate

the fact that I
was visiting a bar.

They rarely do.

You remember seeing him?

I'm not sure. No.

You know, Mr. Ennis,

you've got the flaw of most
basically honest people.

You're a lousy liar.

My job.

This firm will not
tolerate indiscretions.

All right. We can be very
discreet down at the precinct.

Of course it's gonna
take all night long.

Why don't you show
him the flash cards again?

Yeah.

I saw him.

Did you see him
speak to anybody?

A woman who came in alone,

nice figure. My wife
is very full-figured.

[sighs]

I tried sending her a drink

and she sent it back
with a nasty look.

Then he came in.

And what kind of
look did he get?

Before I left, I
saw them kissing

by the men's room.

Sure I was in there. I
mean, what did I do?

Did I dance naked with a
lampshade on my head?

I swear to God, guys.
I just, you know...

I really, I don't remember.

Remember him?

[sighs]

That's Tommy.

You know Tommy Duff?

Do I know him?

Well, I... I used to
meet him at... at P.J.'s.

Did you leave with
him Thursday night?

Did I leave... No.

No, that wasn't me.

My idea of fun with
Tommy, you know,

that stopped right at the door.

And whose didn't?

Well, I guess, you know,

somebody he thought
was more available.

What does she look like?

I, listen, guys,

I just, I didn't really
pay that much attention.

Yeah, like I can't remember

whether the guy I
caught in the shower

with my first wife
was a natural redhead.

She was blonde.

She didn't have a great
face, but terrific makeup.

Terrific how?

You know, it's like a model
or an actress or somethin'.

I followed her into the,
um, the little girl's room.

And when I told her I was
really impressed with her makeup,

she bragged that it
was Jacques Dessange.

Who?

Jacques Dessange.

They do the makeup at the salon.

I'm saving for an appointment.

At Jacques Dessange,
we pursue a total concept.

A woman is reconceived

with products
custom-blended to her skin.

So you're telling me
you couldn't get this stuff

at any old drugstore?

Never.

You keep records of the
women you reconceive?

Records that are confidential.

I won't embarrass our clients.

Suzanne, let's pretend we're
on the same horse, all right?

You don't want
us to have to call

all of your clients, do you?

Of course not.

Well, unless you give
us the information,

we'll have to get it from them.

This is what we
keep on each client.

Photos.

Of each woman, before and after.

Crime lab called.

They got traces of

Jacques Dessange
makeup from Duff's face.

Where are we with this?

This is the last batch.

So far nobody's jumping
up and saying "hi."

Guys, I'm sorry. No.

No.

Don't women borrow makeup?

Maybe she got it
from one of her friends.

Uh-uh.

I don't think so.

I was standing
right next to her.

We were looking in
the bathroom mirror.

Her makeup was fabulous.

I'm sure it was done
by a professional.

Maybe we're talking Jacques
Dessange professional.

That's her.

Excuse me, I'm Det. Logan.

This is Det. Briscoe.

You mind telling me your name?

Mary Kostrinski.

May I call an attorney?

What is this? Your
access channel's tryouts

for Chorus Line?

Yeah. And the winner gets

a 25-year run at Ossining.

What do you do, cast out
of the precinct basement?

Not one of them remotely
resembles my client.

That's her. Number three.

Okay, you heard it.

It's a positive identification
from both officers.

How amazing. And
it means nothing.

It means we can place

your client at the
scene of the crime.

Mary Kostrinski
came out of a bar,

which hasn't been
illegal since prohibition.

Other witnesses
put her in the bar

playing kissy face
with the victim.

Sure. One or two maybe

out of a possible 40
or 50 happy drunks.

She's been a widow
since a construction crane

killed her husband
John Kostrinski.

Now, she works hard.
She goes to church.

Don't charge her for
trying to have a little fun.

Unless you crave abuse. Do you?

[snickers]

Let her go.

I love a tall man with a halo.

[phone ringing]

Why don't you look
at it as a favor, Paul?

Now, instead of hearing
some arraignment judge,

you get to hear Nina Tottenburg.

Where's she going?

Home. Your little
show just closed.

Lack of backing.

Oh, stick around.
Forensics just gave

the leading lady a rave review.

Five point partial on
the .32 shell casing

matches Mary Kostrinski's thumb.

We're not looking for a way out,

we're offering you one.

Negligent homicide
with probation?

Why don't I throw in
a week at Club Med?

Why don't we leave the
jokes at the frat house, Ben?

There's an issue of
singular importance here.

Besides a man's death?

A woman's right
to defend herself.

From what?

A man telling
bad jokes in a bar?

They left laughing together.

He tried to rape me.

People at the bar said
you looked friendly.

I'm sure Mike Tyson
was a perfect gentleman

in the hotel lobby.

Miss Kostrinski, why did
you leave the bar with him?

I didn't leave with him.

I left to get away from him.

Tommy was fun at first.

But after seven or eight drinks,

I excused myself.

When I went out into the street,

he followed me.
He wouldn't back off.

So you shot him?

After he grabbed me, yes.

There is no evidence
of a struggle.

Duff was unarmed.

Look at him, look at her.

She reasonably believed
she was going to be attacked.

That's all the statute requires.

Give us probation, Ben,

or I'll give you the
biggest headache

since Susan B.
Anthony asked to vote.

It's "he said, she said." Only
he's not around anymore.

I can make my prima facie case.

It is the defense's burden
to establish justification

and they don't have
anything except her word.

Sure. When Lanie Stieglitz
gets through with the jury,

they'll be putting
Kostrinski's face

on a silver dollar.

But it's not about politics.
It's about credibility.

A churchgoing widow,
a first class womanizer

with a half-dozen drinks
and a yellow sheet.

You're lucky I don't gamble.

You want me to drop it?

They gave Thelma
& Louise an Oscar.

Without more, I'd call it a day.

[knock on door]

We may have it.

ME's report says Duff's
blood alcohol was zero.

He had an ulcer. Drank only
ginger ale for the past six months.

So she lied.

Standard is subjective.

She saw him drink.
Thought he was drunk.

There's more. There
was no gunpowder residue

on Duff's clothes.

And she said that
he was holding her

when she shot him.

Forensics says she
had to be four feet

from him when she
pulled the trigger.

Four feet.

You have something
against this woman?

If she's trigger-happy
and a liar, yes.

(Robinette) We have an
expert to say she wasn't.

(Stone) We have
one to say she was.

I know what men are about.

You've been assaulted before?

I've had sex against
my will. Haven't we all?

You were seen
kissing Tommy Duff.

He kissed me. I
never kissed him.

[sighs]

I thought, "What am I
doing here at my age?"

What I thought about him

would not have inspired a kiss.

Is that why you left the bar?

Yes.

Didn't I have a right to?

Of course.

And he followed you?

I wasn't worried at first.

I thought I could put him off.

Is it possible you might have

done something
that encouraged him?

You think that just
because I let him kiss me

that he had a right to...

No, I don't think that.

When we went outside
he grabbed my wrist.

He was going to have me

and he thought there was nothing

I could do to stop him.

Did you really feel
that shooting him

was your only option?

I didn't go out that
night to kill anyone.

But whatever happens,

a woman has to know
that if she survives,

and she didn't get raped,

she did the right thing.

There may have been some assault

or molestation in her past,

but there was nothing
in what she said

to indicate an
underlying pathology.

And her expressed
hostility toward men,

that doesn't border
on the abnormal?

It's appropriate
to her experience.

And so was shooting Tommy Duff?

Elizabeth, by her own admission,

he never touched
her. He was unarmed.

He weighed 240
pounds. She weighs 118.

His size was his weapon.

Because she had
a hunch, a feeling,

she shot him,

not for what he did,
but what he might do?

How long would you have her
wait before she defended herself?

Till he grabbed
her? Till he forced her

into an alley and
penetrated her?

Till there was something
beyond her word

to support a claim
to self-defense.

Believe me, Ben, what she
did resonates with more women

than your comfort
zone wants to accept.

I'll give you a written
report of the session,

but I don't think you
want me as a witness.

So much for gut instincts.

She wasn't objective?

She thinks
Kostrinski's justified.

Maybe she is being objective.

(Stone) When you
saw Mary Kostrinski

and Thomas Duff on the sidewalk,

what, if any,
action did you take?

We slowed down.

It seemed to
defuse the situation.

You mentioned in
your report you saw

Miss Kostrinski
smile. Is that correct?

The man said something
to her that made her smile.

When you saw her smile,
what did you do next?

We drove on.

My partner didn't think there
was anything wrong going on.

Off. Adams, did
you see any behavior

that you would
consider criminal?

No.

Thank you.

In retrospect, is there anything

you would've done differently?

Yes, I should've
stopped to make inquires.

Because what you saw

of Mr. Duff's behavior
concerned you?

I had some concerns, yes.

Thank you.

My partner said she smiled,
but to me she was laughing.

If she was in
trouble, I didn't see it.

(Stone) In your original report,

you made no
mention of even seeing

Miss Kostrinski or
Mr. Duff outside the bar.

Why the omission?

You see a couple
who are maybe arguing,

and then one of
them winds up dead,

it's gonna look
stupid if you didn't

stop to ask questions.

Why didn't you stop?

We were going on break.

Look, if Mrs. Kostrinski
was worried about her safety,

she saw us, she
could've flagged us.

Now, as a result of
your filing a false report,

was there any
change in your status

as an active police officer?

I was suspended for
three days without pay.

All right, thank you.

You filed a false report

because you felt
your failure to stop

might be perceived
as a dereliction of duty,

is that right?

Yes.

Your duty being to stop

Mr. Duff's harassment
of my client, correct?

I didn't see harassment.

Gee, your, um...

Your partner, Off.
Adams testified

that she was so
disturbed by what she saw,

she felt she
should've intervened.

She has her
opinion. I have mine.

She was sitting
right next to you.

Presumably you both
saw the same thing.

I can tell when a guy
is just trying to get lucky.

And your partner can't?

Why, because she's a woman?

Objection!

Withdrawn.

I mixed her a Manhattan

and I told her it
was from Mr. Duff.

How did she react?

She looked over
at Tommy, smiled,

gave him a little wave,

and then she went
over and sat with him.

In the course of
the evening, uh,

did they get along
with each other?

Like a couple of
kids with hot pants.

You mean they
were holding hands?

Hands is about the only
thing they weren't holding.

Oh, thank you.

How many other customers
did you have that night?

40 to 50.

Oh, so you didn't
devote all your attention

to my client and Mr. Duff.

No.

Uh-huh.

[clears throat]

Did you see them leave together?

No.

For all you know, she
might have left alone.

Sure.

Sure. For all you know,

she might have been trying
to get away from Mr. Duff.

Look, when a woman
comes into my bar

I don't think she's trying
to get away from guys.

I see. So every woman
who goes into a bar alone

is looking for it?

Objection.

Withdrawn.

Before Mr. Duff arrived,

did Miss Kostrinski
accept an offer of a drink

from any other gentlemen?

She sat in my bar drinkin'

the same Manhattan
for three hours.

Did she talk to any of
the other customers?

She was too busy
keeping her nose in the air.

The only time she
opened her mouth was

to ask me what time
it was every half-hour.

(Stieglitz) So because
she talked to Mr. Duff,

and accepted
his offer of a drink

that means she wanted
to have sex with him.

That she wanted him to rape her?

Objection.

Withdrawn.

[car horn honking]

She kept asking for the time.

Sounds like she was
expecting someone.

Tommy Duff.

I don't believe in coincidence.

A scorned lover
with a fatal attraction?

Somebody's gotta be
able to put them together.

Ask the family.

See if she confided
in her sister.

Thanks.

Mrs. Stieglitz is
sending Dr. Hauser

back to the bullpen.

She's calling Elizabeth
to the mound instead.

Stieglitz wouldn't take a flyer

because she knew
what side Olivet is on.

Now who the hell told her?

A summary of
Olivet's conclusions

got mixed in with
the material sent

to Stieglitz in discovery.

What're we running
here, the '62 Mets?

You gotta tell that
jury about Olivet's rape.

Because once they
know that "PhD"

at the end of her name,

won't count as much
as her personal bias.

Adam, if I'm gonna
rake her over the coals,

I wanna talk with her first.

Any conversation
you have with her

could be construed as an attempt

to influence a witness.

I just can't beat her up on
the stand without warning.

She's a colleague.

She deserves our consideration.

You talk to her, you warn her,

and the appeals court
will take this case,

throw it right
back in your face.

You want to play nursemaid,
save it till after the trial.

I was asked by
the district attorney

to examine Miss Kostrinski

and make a determination
as to her mental state.

And what determination,
if any, did you make?

The subject displayed
no emotional affect,

no disassociation,
no mood swings.

In layman's terms, please.

She was rational.

Her responses were
normal and appropriate.

Including shooting Mr. Duff?

Was that an
appropriate response?

I wouldn't go as far as that.

You did in your report.

"Subject Kostrinski's behavior

was appropriate to her
stated emotional condition."

What condition was that, Doctor?

She told me she was in
a state of extreme fear.

Did you believe her?

It's never a question of belief.

Your words, Doctor:

"The intensity with which
she described her fear

"was consistent with
that exhibited by women

who've been victims of
rape and attempted rape."

Can that intensity be faked?

It's possible.

But Mary Kostrinski,
in your opinion,

did she believe that she
was about to be raped?

Yes.

Thank you.

Uh, Dr. Olivet, do
first-hand observations

play any part in your
psychological evaluation?

Yes.

In other words, there
is a subjective element

to the evaluating process?

To a certain extent.

But my professional
training allows me to...

Doctor, isn't it true
that within the past year

you yourself were raped?

Objection. Relevance.

Your Honor,
Dr. Olivet just stated

that her professional opinion can be
tainted by her personal experiences.

I'll allow it. The
witness will answer.

The answer is yes.

And do you recall what
your emotions were

after the rape?

Yes.

Please describe what they were.

I felt what most
people feel: anger, rage.

Any feelings of vengeance?

Yes.

Could these feelings of anger and
vengeance influence your evaluation

of Miss Kostrinski's behavior?

Possibly.

Thank you.

You're excused, Dr. Olivet.

Court is adjourned
until tomorrow morning.

Ben, I talked to Kostrinski's
mother and sister,

but there's no way

they're gonna hang
out the family wash.

Somebody must have
seen her and Duff together,

so try her building.

Try the neighbors.

She's a doll, perfect tenant,
pays like clockwork. Quiet.

How about visitors?

Sometimes her sister brings
the mother over. That's all.

Ever see this man?

That's the creep?

Got what he deserved, didn't he?

He ever visit her here?

Not him, not any
man. This is a lady.

When this building went
co-op, I prayed she'd buy in

and she did, just
after this happened.

What was the purchase price?

$220,000. We're a
self-financed building.

She puts down 20 percent,
we take paper for the rest.

A $40,000 down payment?

She had $10,000 in savings,

the rest was a gift.
People like this lady.

A $30,000 gift?

I wonder who
liked her that much?

The corporation required
a letter from the giver

to prove that the
money was a gift.

Here. Signed by
Mr. Sean McKarrick.

She said he's a
friend of the family.

Sean McKarrick:
Assistant Vice President

of Scanlon's trucking business.

His office is next
to Jimmy Scanlon's.

It should be easy
to show who's pocket

the money came from.

Kostrinski could say
it was for favors given

that had nothing to
do with killing Duff.

$30,000 favors?

It won't fly unless
we present a reason

Scanlon wanted Duff dead.

Duff was stealing from him.

His combined accounts
had less than $2,000.

The wife.

They didn't live together.

But they weren't divorced.

Maybe something
other than the church

kept them in matrimony.

Check the wife's accounts.

$270,000?

You didn't make
that on tips, Mrs. Duff.

The boys appreciate
good service.

If one of them
wanted to fence cargo,

did you steer him to Tommy

who maybe steered him
away from Jimmy Scanlon?

Jimmy Scanlon?
What's this look like, 21?

Mrs. Duff, we
believe your husband

was killed on
orders from Scanlon.

And I believe in the Holy Ghost,

but I'm in no hurry to meet him.

I got nothing more to say.

I hope you have a
pension plan, Mrs. Duff.

We prove that
money was ill-gotten,

we can take it all.

I'm a widow. That
money's a life savings.

I got customers.

Yeah.

You got snap,
crackle, but no pop.

Means and motive aren't
enough to get Scanlon.

Adam, Kostrinski won't roll.

She's smart, she's tough.

Smart enough to
fool Lanie Stieglitz.

Maybe Lanie isn't as
gullible as we think.

Feminism isn't a bad
defense for a contract killer.

Lanie's a true
believer. If she knew,

she'd remove
herself in a minute.

No judge is gonna
let her quit now.

Not prior to closing arguments.

Lanie would wanna
do the right thing

and maybe quitting isn't it.

Duff steals from Scanlon.

Scanlon pays Kostrinski $30,000.

Kostrinski shoots Duff.

You don't need a
PhD in Logic, Lanie.

They've been using you.

I put Kostrinski on the
stand, I win the case.

You put her on the stand,
you're suborning perjury.

Well,

maybe the principle's worth it.

Is it worth your career?

I'm doing you a favor, Lanie.

I could have brought
this out in court.

But then you wouldn't
get the chance

to squeeze me
into God's little acre,

east of the rock and
west of the hard place.

What you gonna do, Lanie?

Your office, okay? An hour.

Manslaughter one.

You spend 15-to-life in Bedford.

[sighs]

I'll spend 15-to-life
in my condo.

Haven't your read
the papers, Mr. Stone?

I'm winning this case.

Only because the jury hasn't
heard the name of Jimmy Scanlon.

(Stone) I know
all about the hit.

And your lawyer does, too.

He's bluffing.

No, unfortunately,
I don't think he is.

You're my lawyer.

You're supposed
to argue my case.

I cannot and I will not

perpetrate a fraud on the court.

It's unethical and illegal.

I'm not gonna put you on
the stand tomorrow, Mary.

And I am not going to
make a closing argument,

and the jury is
going to wonder why.

Miss Kostrinski,
you're in a hailstorm.

You can't hide, you can't
run, and you can't make it stop.

But you can.

If you give me Jimmy Scanlon.

I spent the last two hours
getting you a deal for 15.

We go to court, I
guarantee you'll get 25.

It's your call, Mary.

What does Scanlon have on you?

John Kostrinski
routinely took out

the problems of the
world on my face.

Scanlon ran the
docks with my father.

When I told him the
story, he took pity on me.

Your husband died
in a work accident.

You know the church and divorce.

(Scanlon) I've seen enough but
I haven't seen any real money.

Hey, guys, come
on now. I'm busy.

He'll call you back in 25 years.

What is this?

Put your hands behind you.

What you doing?

You're under arrest for
the murder of Thomas Duff.

Call the lawyers.

Good move, you're
gonna need one.

Tell his wife to keep
his dinner warm.

She shouldn't wait
up to tuck him in either.

Scanlon's lawyers could've
bungeed off the Chrysler Building,

the judge still wouldn't
have given him bail.

A small comfort
for Mary Kostrinski.

I want her kept
upstate until the trial.

I'll see you at Adam's office.

Elizabeth.

Sometimes you have an
awful way of being right.

It's the curse of having
a distrustful nature,

and I'm very sorry about
what happened in court.

We all read from
the same manual.

I knew it was coming.

She fooled a lot of people.

But not for the same
reason she fooled me.

[phone ringing]

[clattering]

How many times do I
gotta trip over this thing?

Why don't you
put this junk away,

like, maybe in your drawers?

Hey, Phil might want this.

By the time the 110
buys him a new one...

Yeah.