Presumed Innocent (1990) - full transcript
Carolyn Polhemus, an up-and-comer in the Kindle County D.A.'s Office, is found viciously murdered in her home. Immediately her boss, D.A. Raymond Horgan and his chief deputy, Rusty Sabich start an investigation. Horgan, however, is in the middle of a campaign to keep his job, which he ultimately loses to former subordinate Nico Della Guardia. Della Guardia and his new deputy, Tommy Molto, decide to prosecute Sabich for Carolyn's murder when it is revealed that Sabich was a former lover of Polhemus. Horgan also turns against his former subordinate, and Rusty soon realizes he has few friends left - except for Sandy Stern, whom he has often faced on the other side of the courtroom, and who will become his new defense lawyer when he is put on trial for murder. Investigation by Stern and his team leads them to think that Rusty was framed for murder - by Molto, who wanted Sabich's job and was trying to punish him for backing Horgan. Is Rusty Sabich innocent...or is he a murderer?
I am a prosecutor.
I'm a part of the
business of accusing...
judging...
and punishing.
I explore the evidence
of a crime...
and determine who is charged...
who is brought to this room...
to be tried before his peers.
I present my evidence
to the jury...
and they deliberate upon it.
They must determine
what really happened.
If they cannot...
we won't know if the
accused deserves
to be freed or to be punished.
If they cannot find the truth...
what is our hope of justice?
Where's Nat?
Burying a goldfish.
That he forgot to feed. Kid's
got to learn responsibility.
He's nine.
When you were nine, you fed
the animals on the block...
and made dinner, did
everyone's homework...
and, in your spare time,
you practised law.
I didn't practise law
until I was ten.
Listen to this.
"In their first face-to-face
debate, Nico Della Guardia...
"appeared to throw Raymond
Horgan off stride...
"with an opening swipe at the
prosecuting attorney's...
"twelve-year tenure
as an uninterrupted
"retreat from reality...
"and slow-motion
surrender to thugs,
"punks and hand-wringing
liberals."
The guy's unbelievable.
I'm finally starting
to get used to
that rug on Della Guardia's head.
Don't eat standing up. Sit down.
Food goes down easier. It
has the help of gravity.
Oh, God.
Yet another lawyer.
I won't be home till late.
I got a game after school.
Like his father, he doesn't
come home till he has to.
If Raymond loses this election,
I could be home a lot.
Rick, I looked this
over last night.
Top count, max.
It's a first offence.
No plea to anything but
the A-1 felony. Period.
On all of them?
All of them.
And no promises on the sentence.
- Good morning.
- Good morning.
This is for you.
Someone put it under
the door last night.
I found it when I came in.
Mr Big Cheese wants
to see you now.
I'll be right along.
He said "now," now.
What's wrong?
Carolyn Polhemus was
murdered last night.
Her cleaning lady found
the body this morning.
Some creep got into her
place and strangled her.
It looks like she was
raped. He tied her up.
He beat her with some
instrument and strangled her.
No weapon. No sign
of forced entry.
Unless you want me here, I'm
supposed to meet the coroner.
That's all right. Go
on, get out of here.
I can hear Della Guardia now.
"If Raymond Horgan
can't protect his own
attorneys, how can he
protect citizens?"
Tommy Molto's secretary said
he wasn't coming in today.
Some fucking Acting
Head of Homicide
he turned out to be,
the little creep.
I should have fired him
when we fired Nico.
If I had balls, I'd do it now.
I want you to handle
this case personally.
I will assign it to somebody.
Who will you assign
it to? Homicide?
Tommy Molto? For Christ's sake.
Della Guardia would
love that. Molto
would tip him off on everything.
They're so close you
can see Molto's
nose sticking out of
Nico's bellybutton.
Listen to me.
What a waste.
Beautiful, sexy gal.
Hell of a lawyer.
That's her ending.
That's her Au revoir.
The first thing we got
to think about...
is what the public thinks in
the middle of an election.
Take charge of this
one for me, okay?
If you care about my health.
You're the only around
here I can trust.
Greer's a good
investigator, but I'd
prefer someone I'm
used to working with.
Lipranzer.
Whatever you want.
Just catch me a bad guy.
So, I'm here.
What the hell was she
doing with a B file?
Bribery of elected officials. The
case number is on her computer.
But the case itself isn't among
the papers in her files.
Why? Did she take it home? What?
Maybe it was taken?
Check the apartment.
What do you got here?
Bunch of pictures of a dead lady.
- No weapon found, yet?
- Nada.
It's a weird one.
She was strangled by the ropes
but by the way he tied her...
It's like he put himself
between her legs and pumped...
so they tightened up like he was
trying to let his
weight strangle her.
Like he was trying to
fuck her to death.
Look at the next one.
Check the computer
for sex offenders
and cross match on
Carolyn's name...
or this business with the ropes.
Find out which of the creeps
she put away is out on parole.
I never did understand
why you put her in
charge of rape and
all that sicko shit.
She wanted it. And she was good.
Yeah, too good, maybe.
I'm not grabbing this, yet.
You worked with this broad.
She wouldn't leave her fucking
door and windows wide open.
She was drinking with
him. She gave him a
glass of beer, like
she was entertaining.
- Fingerprints on the glass?
- Yeah.
Greer sent it down to the lab.
You mean somebody she
let in opened the
windows so it looked
like a break-in?
She wasn't going to let some sex
maniac she sent to
jail in for a beer.
On the other hand,
we're talking Carolyn.
Mac...
Tell me what Carolyn Polhemus
was doing with a bribery file.
I had no idea Carolyn
was interested
in crimes above the waist.
It's on her computer, but not
on mine or the department's.
That makes no sense.
Why don't you ask Raymond?
Ready for something else?
Molto's left.
His secretary came back from lunch
and found his desk cleaned out.
Exercise?
Masturbation.
The refuge of the
lonely housewife.
Missed the 8:35. I tried to
call, but you weren't here.
Nat had dinner at Josh's, and
I was at the university.
I tried to get in a little
extra time on the mainframe.
Get anything done?
Who am I kidding?
Still working on my dissertation
at my age. It's ridiculous.
You were the best
mathematician in your class.
Second best just made
full professor at MIT.
All I've made are beds.
And now, the Channel
Six local news.
Carolyn Polhemus,
assistant prosecuting
attorney in Raymond
Horgan's office...
was found brutally murdered
in her Southside apartment.
Police are about to
release a statement
about the circumstances
of her death...
You hear?
Eugenia was thrilled to be
messenger of bad tidings.
Yeah, I'll bet.
From top to bottom we are
riddled with cruelty.
We must expose and punish it...
especially when inflicted upon
the impotent and the ignored.
You sound like a woman
with a mission.
I am.
The murder of Ms Polhemus...
You have a suspect?
We have diddly-shit.
So Dan Lipranzer and
Rusty Sabich will
work night and day
for two weeks...
to catch Raymond a killer.
That's the strategy.
You're in charge of
this investigation?
Raymond insisted I take it on.
With 150 lawyers, they
couldn't find one
who didn't fuck her
to put in charge?
Did you tell Raymond?
This is a conflict of interest.
Is that professional?
Barbara, I'm Raymond's
chief deputy.
You are so predictable.
It's your way of reliving
the whole thing.
She's dead and you're
still obsessing.
Rusty.
Nico.
She was just...
- Splendid.
- That's it. Very good.
Raymond's pressing hard
on that case, I imagine.
Raymond presses hard
on every case, Nico.
You know who would've
been hard to beat? You.
You would've been
tough. Very tough.
You are really something.
Where's Tommy Molto?
Molto?
I thought he'd come to the funeral
of his favourite colleague.
You must really have
him scrambling.
Judge.
Who's that with Raymond?
I'm told that's her ex-husband.
I didn't know she had one.
Teaches college some place.
Carolyn Polhemus worked for me.
I hired her...
over the objections of...
many of our prosecutors who felt
she just didn't have the stuff.
I see those prosecutors
here today...
along with the
judges she defied...
and the defence
attorneys she defeated.
Why are they all here?
They're here because Carolyn
Polhemus stood for something.
She stood for justice.
The Prosecutor's Office,
under my leadership...
has a conviction rate
of over 91 percent.
Mr Della Guardia, or...
as he is known to those of us who
have had to work
with him, "Delay"...
There's food here for 100 people.
A lot of no-shows.
They smell a loser.
Good speech.
What the hell is
happening with Carolyn?
Everything's in the works.
I reassigned her cases,
and this afternoon
I got to deal with Molto's stuff.
What's with this
reassignment shit?
Goddamn it, Rusty.
I told you to give this
investigation top priority.
Nico is eating me alive with this
thing. The election
is in ten days.
If you don't find Carolyn's
killer, we are both history.
Turn all of that administrative
bullshit to Mac.
Mac has more than she can handle.
And let me remind you, we
lost two key PA's in one day.
You only have time
for the election.
I've got to run the office.
Fuck the office. Don't you
see what's happening?
If you don't find me a killer,
there is no fucking office.
I want you right on top of
Carolyn's case, understand?
Run out every ground
ball and do it
in an orderly goddamned fashion.
Start acting like a
fucking professional.
The campaign is a total disaster.
Haven't taken a poll in two weeks.
We don't know where
the hell we are.
You're ten minutes late for the
bar meeting on criminal procedure.
Call them and tell
them I'm on my way.
Did you assign a bribery
case to Carolyn?
There's a file missing.
Loretta, find my driver. Tell
him to be ready to leave.
She had a case on her computer
we can't account for.
It was logged in as a B file.
Nobody knows where it came from.
Nobody knows where it went.
Where the hell is my speech?
It was right here on my desk.
Cody has it.
You're giving me a runaround.
Cody, pull the car around.
I'll meet you down in front.
Give me a straight
answer, will you, Boss?
There's the B file, Tiger.
Read it, and we'll talk.
"Dear Mr Horgan.
"This is about a
deputy prosecuting
"attorney who is taking bribes.
"Five years ago, a person I'll
call 'Noel' got arrested.
"I gave him $1,500 to
pay somebody off.
"We went out to North Branch.
"A secretary who seemed
to know Noel,
"took him into the
PA's office, where a
"man he could not see
talked behind him.
"Ten days later,
Noel went to court
"and a lawyer from
the PA's office...
"told the judge that the
case was dismissed.
"I can't remember the lawyer's
name. I hope you get him.
"I hope you get Noel,
too. He has let me down."
- Unsigned.
- Unsigned.
Five years ago.
That guy must write real slow.
"Noel equals Leon."
This is Carolyn's handwriting.
Looks like she went to North
Branch to see Kenneally.
You'll love what I
got from Painless.
There's this guy's semen
inside her vagina...
but there's nothing outside.
Painless figures she didn't spend
much time on her feet after sex.
He says, normally, he'd see
the guy's little thingies...
swimming upstream
in the womb, when
he looked under the microscope.
Instead, this guy's was all dead.
Nothing went nowhere.
So Painless figures he's sterile.
He's got blood type A.
My very own.
I thought of that.
But you got a kid.
Anything from hair or fibre?
No hair or skin fragments
under her nails.
Carolyn would've fought back.
Maybe she was playing sex
games with the wrong guy.
The rope is K-Mart, Sears,
Walgreen's. You name it.
They found carpet fibres from
some other location. Zorak V.
It's only the biggest seller.
You call the Fingerprint
Lab on the bar glass?
Oh, I forgot.
You are a class-A
fuck-up, you know?
They ain't going to
expedite it for me.
I got the phone company
printout on her apartment.
I notice that one
of the numbers that
comes up is yours a
number of times.
At the office. We were
working cases together.
No, she's calling your home.
She never called me at home.
I made these calls...
to Barbara from
Carolyn's apartment.
"Late again, kid.
"This trial's a bitch. I'll
catch dinner in town."
I'd just as soon you'd let it go.
If Barbara sees a phone company
subpoena, now, she'll bust a gut.
Under the circumstances,
if you don't mind...
I'd appreciate it.
I gave Barbara...
enough pain.
Polhemus was bad news.
Know what they're calling you
and your partner downtown?
Spare me.
"Mission Impossible."
Guerasch, bring that
shit in my office.
So you're figuring
what? The guy she
was having cocktails with did her?
I figure it was somebody who knew
what he wanted it to look like.
Cop. PA. A private dick.
Remember that lady PA who
was here four months ago?
Yeah, nice set of lungs.
This kid's gonna make a copper.
Never forgets a bra size.
He wants to know what
she was looking for.
She was looking for someone
by the name of Noel.
It took me a week
to find this crap.
Five years back, they
booked 150 a day then.
Public indecency.
They were cleaning
out the faggots.
Back when Raymond got some
balls for a day and a half.
- She find anything?
- I don't know.
When I gave these files to
her, they were in nice order.
The bitch just trashed them.
She never gave a shit about
anybody else's work.
One's completely missing. Look.
See right here? It skips a number.
Tommy Molto been looking at these?
What does Molto have
to do with this?
Would there still be a
court file on this case?
That far back, it'd have to be
in storage on microfilm by now.
You don't want to say what
this is about, maybe?
Gee, Lionel, I can't.
She used to ask about
you, you know.
Five, six years ago
when she worked
out here as a probation officer.
Five years ago I didn't know her.
Sure you did.
The night you brought
the Night Saints in.
You were hot stuff. A
regular fucking hero.
Breaking the meanest guy
this side of Watts.
There was a lot of talk you'd
end up in Horgan's job.
She wanted to know
what you were like.
I told her you didn't fuck around.
Dad, look who's here.
- How are you?
- Good. Mum's in a good mood.
How'd you know I'd
be on this ferry?
Took a chance.
How was your day?
Well, I figured out today,
it's ten years this week...
that I'm working on
my dissertation.
I thought we'd celebrate.
Going to take us to dinner?
Why don't you just give
up on that dissertation?
It makes you miserable.
Your mum's not a giver-upper.
Maybe that's her problem.
I sure wouldn't do
maths unless I had to.
You got my genes in
the maths department.
If not for your mum, I'd
still be taking algebra.
I had to be good at something.
You were good at everything.
School.
Did you ever cheat?
Like borrow someone
else's homework?
Copy it and pretend it was mine?
Why do I have the feeling that
question has some
personal relevance?
I didn't say I did.
It's all right, kid.
It's good to see you guys happy.
Pretty.
It's new.
It's very pretty.
Mr Polhemus? I'm Rusty Sabich.
Seems so strange to be talking
about her after all these years.
You hadn't had much
contact with her, then?
None since she left.
What about her family?
I have no idea where
she came from.
She lied her way
into the university.
Made up some kind of background.
She was very good
at playing roles.
When she left me,
I lost all pride.
I begged her not to leave.
The last time she looked at
me, it was with disgust.
Disgust that somebody she'd
looked up to could be so weak.
At that moment, I had the most
desperate wish that she were dead.
Maybe she made a
man feel like that
who actually acted on his fantasy.
Would you like to see what she
looked like at that time?
Yes, I would.
They were taken at about
the time we were married.
This isn't just work?
No.
On the Polhemus thing,
what the fuck is
happening to the
fingerprints report?
Don't give me that
computer crap. You
know I don't understand that shit.
They want to know how big a
field you want it run against?
We could do convicted felons...
anybody ever fingerprinted,
county employees, etc.
Just do felons. We'll do
the rest if we need them.
Do them all. I may
never get back on.
Do everybody. How soon?
What the fuck takes a week?
The man has the biggest
murder case in the city...
and he has to kiss your ring?
I know. I know.
We don't have jurisdiction
over the computer.
- A week. Probably ten days.
- I need them yesterday.
I'll push, but I don't think
you'll see them any sooner.
Have your copper
get the glass back
from Evidence and
down to the lab...
in case they need it for anything.
Ah, Mr Sabich.
Real important stuff.
We got the chief deputy with us.
Lipranzer and I were
wondering, on your report...
are you indicating
the guy bashed her
after she was strangled
by the ropes?
Read the fucking report.
This report?
No, not that report. My
report. The autopsy.
See anything with bruises
on the wrists...
bruises on the ankles,
bruises on the knees?
Are you saying she was
raped and then tied up?
Tied up last, yeah.
She already died from
multiple head injuries.
Rape? Now I'm thinking...
No.
Why?
Read the fucking report.
- This report?
- No.
This report? The chemist's report?
Yeah, the chemist's report.
She had a two percent solution
of nonoxynol-9 in her vagina.
A spermicide used
with a diaphragm.
That's why his sperms were dead.
Diaphragm? You missed a
diaphragm in the autopsy?
No. You've been to autopsies.
You slice her wide open.
No diaphragm in that lady.
What happened to it?
Somebody took it.
I think it's a set-up.
This man...
is her lover. He comes
over. They have drinks.
This lady has intercourse
with him. Real nice. Okay?
But he's an angry guy. Picks
up something, kills her.
Tries to make it look like rape.
Ties her up.
Pulls out the diaphragm.
That's what I think.
What does Tommy Molto think?
You got his phone
number right there.
Want to jot it down
in case you need it?
Next time you talk to him...
tell him to call me
so I can find out...
what's going on in my own
fucking investigation.
Painless...
you tell Molto, and
you tell Nico, too...
that this is cheap,
cheap politics.
Cheap Police Department bullshit.
God better help them
and help you, too.
I can't make a case for tampering.
Our poll shows Della
Guardia's leading
Horgan by four percent.
Eight days left.
At least it's made somebody happy.
I don't want to see
you out of here.
Come on, pal. We're old news.
I'd miss you. Who
else here can talk
morality and ethics
and not break me up?
Voters smell an
exhausted man who's
lost sight of all the
important issues.
Issues? Bullshit.
The only issue is Raymond Horgan
has respect for the law...
and Nico Della Guardia
will fuck the
law for politics.
That's the issue.
Rusty...
have you ever been
to an Irish wake?
Come on over and pull up a glass.
Know what Della Guardia
is going to find out?
You run for office because...
you think you can make people
do things, make things better.
But you can't.
Nobody can.
You get a few
potholes filled, keep
the lid on the best way you can.
But in the end...
All you can do is try to
hang on to the fucking job.
I never used to drink
when I started here.
Then, you still believed you
could make a difference.
Funny, part of me still does.
A guy as tough as you are...
you're still hanging on to
the shreds of your ideals.
The shreds are all I got.
You're a good man, Rusty.
God bless you.
So, tell me, who's our bad guy?
It could be a boyfriend.
Some guy she picked up.
Whoever it is knew
enough about her
to know what to make it look like.
Could be a law-enforcement type.
Jesus.
One of us.
You and Carolyn have a thing?
Don't beat around the bush. Just
come right out and
ask the question.
I'll say that the decedent and I
were both single and both adults.
I had a thing with her.
She thought like everybody
else thought...
that I wasn't going to run again.
That I could just hand the
mantle over to anyone I chose,
so why not a broad?
Why not her?
One more question?
I gave her the B file because
she asked me for it.
Because I was fucking her.
Stupid, huh?
She went over to Northside,
shovelled through the records.
There wasn't anything there.
At least that's what she told me.
What are you going to do now?
Once the party's over?
I don't know.
I got an idea.
Suppose we try to get
you on the bench.
I should still have enough clout
to pull that off. What do you say?
Why don't we just see
what the future holds.
Would that have satisfied her?
What's that?
A judgeship.
I wonder if a judgeship would've
satisfied Carolyn Polhemus.
Rusty.
Come say hello to Carolyn
Polhemus. Have you met?
I've seen Rusty.
I want to bring Carolyn on board
as a prosecuting attorney.
She's been working
probation, Northside,
and she just passed her bar exam.
Congratulations.
Thank you.
She comes very highly recommended.
Why don't we see if we can
find a nice place for her.
I'd like the Index Division.
That's not a job,
it's a jail sentence.
Rape, sex crimes,
child molestation.
We can do better than that.
It's hard to get a
conviction on a rape.
It's a dead-end for
someone ambitious.
So you get the worst attorneys
trying the hardest cases?
Listen to this. We got another
idealist in the office.
He's five years old.
The doctors found 23 healed
fractures from old wounds.
Victim of his own beloved mother.
I need your help.
Your wife called.
Why don't you fire her?
Civil service. They're
here forever.
Why don't you give
this to Nancy. You
haven't had experience with kids.
Nancy's not available.
And, besides, I'd like
to try this case myself.
With your help.
Outline it for me.
About a month ago,
the mother brought him into the
West End Pavilion Hospital.
The boy was unconscious
from severe head injuries.
She said he fell.
The doctor says,
the head wounds were
too symmetrical
to be the result of a fall.
He told me...
he was treating a
child whose mother
had crushed his head in a vice.
We have any proof it was the
mother? You got the vice?
Just the testimony of the child.
When he sees the mother in the
courtroom, he'll
recant. An iffy case.
I've examined him
several times and...
I think he's begun to trust me.
Look, how many child abuse cases
does this office handle in a year?
Over a thousand.
Every one of them terrible.
Every one of them heartbreaking.
But I can't stop everything
else to take care of one case.
You're going to have to get
somebody else to help you.
You don't like me, do you?
I think you've turned out to
be a damn good prosecutor.
You're angry I didn't
have to go through
the channels like everyone else.
Clearly, you're not
like everyone else.
You think I got this job because I
fucked some fat-cat
friend of Raymond's.
Look, it's late.
Come on, I'll drive
you to your ferry.
This is not the way to the ferry.
I want you to meet somebody.
Wendell, this is Rusty Sabich.
He's a very important
man in our office.
He's going to help me
when we go to court.
Remember what I told
you about court?
Yeah.
Now, tell me.
There's a judge and
some nice people.
They're called a jury.
And you're gonna ask me questions.
About what?
About what happened.
When?
When I got hurt.
What else did I tell you?
You said that if I
told what Mummy did,
the judge and the nice
people will protect me...
and Mummy wouldn't
hurt me any more.
Do you think you can do that?
Answer my questions in court?
And tell what Mummy did to you?
I think you can.
Mummy will be there.
She can't hurt you. She
can't even talk to you.
You'll be completely safe.
You promise?
I promise.
His father got to him last night.
Told him God would put him in hell
if he testified
against his mother.
He's terrified.
If you're not ready, we'll ask the
judge for a couple more days.
No.
We've got to do it now or
we'll lose him for good.
Your mummy took you to the
hospital because you were hurt.
What part of you was hurt?
My head.
How was it hurt?
Wendell, how did you
hurt your head?
I don't remember.
Have you ever seen this?
Yes.
Where?
- In the cellar.
- At home?
Yes.
Did somebody put
your head inside it?
Wendell?
What did you say when somebody
put your head in the vice?
You told me you screamed when
your head was put in the vice.
Remember?
You told me.
"I promise...
"I'll be a good boy.
"I'll be a good boy."
Did somebody answer?
Mummy.
Mummy said I was a bad boy
and I deserved to die.
And then what did Mummy do?
She made it tighter and tighter.
On your head?
She hurt my head. My
mummy hurt my head.
No further questions, Your Honour.
The doctors have told us...
that the wounds...
that Wendell suffered could
not have come from a fall,
as the defence would
have you believe.
The police told us they found a
vice at the home of the defendant.
Medical experts have testified...
that the size and the shape
of the jaws of that vice,
exactly match the
size and the shape of
the wounds to the
little boy's head.
And this evidence is clear...
and uncontested.
But the most compelling
evidence in this trial...
comes not from doctors,
or police officers...
or other expert witnesses.
The most damning testimony...
comes from an abused and
frightened child...
who overcame his
fear and his pain...
to tell you, in his own words...
what really happened.
If you're to remember nothing else
as you begin your deliberations...
remember Wendell's words...
"My mummy hurt my head."
"My mummy hurt my head."
"My mummy hurt my head."
Congratulations.
It's gonna be so good.
You're still in love with her.
It was never love.
What was it, then?
It was never love.
What did she have to
make you feel so much?
Ladies and gentlemen,
Raymond Horgan.
Thank you. Thank you.
I wanted to come down
and say a few words...
before I call Mr Della Guardia and
congratulate him on his victory.
No, no, no. Come on.
Of all the wonderful things that
have happened to me in 12 years...
the best has been...
knowing and working
with all of you.
Wait till you hear what's
going down. It's strange.
Someone's fucked up over at
the Hall. It's way wrong.
- Why?
- I get a message.
I'm supposed to be in the chief's
office 8:00 tomorrow
to be interviewed.
By Molto.
No discussion. Interview.
It's like they're after me, right?
Another thing. When I
came back tonight...
they took all the receipts of the
evidence I inventoried
on Polhemus.
No questions asked.
Sounds like you're off the case.
Sure. Fine, but figure this in.
I'm at the North Branch before
5:00, going through the microfilm.
All of this hits by 6:00, 6:30.
Look what I picked up
while I was out there.
The case number matches
the complaint number...
that was missing when
you saw Kenneally.
Five years ago. Bingo.
And look who's listed as
Leon's probation officer.
"Carolyn Polhemus."
Wait. Here's the best.
Who do you think was the
deputy handling the case?
Tommy Molto.
You keep this because I don't know
what the fuck is
happening with me.
Tommy Molto.
Tommy Molto once worked here,
but we think he might be dead.
Raymond's inside.
We've been waiting for you.
Rusty.
Molto and Delay...
have questions about the
Polhemus investigation.
This should not be
handled this way.
You should speak with Rusty alone.
What's this about?
You were at Carolyn's apartment
the night she was killed.
Bullshit.
What was it, a Tuesday night?
Barbara was at the university.
I was babysitting.
Keep your fucking mouth shut.
We got the fingerprint results...
the ones that you could
never remember to ask for.
They're your prints all
over the bar glass.
Yours, Rozat K. Sabich.
Five feet from where the
woman was found dead.
Or maybe you didn't remember that
all county employees get printed.
This is absurd.
The phone records you told
Lipranzer not to get?
We had the phone company
pull them this morning.
You were calling her all month.
There's a call from your
house to hers that night.
My God, you're serious.
Tommy, for Christ's sake.
Sabich.
I want you to know
one thing. I know.
Sure you do.
Go ahead, play cool. I know.
You killed her. You're the guy.
Oh, yeah?
Yeah, you're right.
You're always right.
They think I killed her.
They're going to charge me.
Don't be seen with me, man.
They'll fucking bury you.
I'm sorry. I didn't
mean to scare you.
Are you sick?
Nico and Molto are charging
me with Carolyn's murder.
They found my fingerprints on a
glass of beer in her apartment.
What does this mean?
Grand jury investigation.
They will or they won't indict me.
If they do, there'll be a trial.
It's not going to go that far.
I'm going to need a lawyer.
A very, very good lawyer.
Expensive lawyer.
It could break us financially.
We can mortgage the house.
Or sell it if we have to.
What time does Nat get home?
Nat?
Oh, Rusty.
A lot of people think Raymond
shouldn't run again.
If he agrees to step
aside, the party will
let him decide who
will take his place.
They know he won't
hand it all to Nico.
That's for sure.
Who would he choose?
Somebody from the office.
Carry on his traditions.
You?
Mac, maybe.
She'd make a great candidate,
in that wheelchair.
That chair is not very telegenic.
I think he'd pick you.
You're the natural.
Rusty...
if you let him know you
want it, it'll be you.
I should just tell
Raymond his time is up?
- You could be tactful.
- No.
Why not?
I'm not going to bite that hand.
If Raymond wants out,
that's up to him.
He's still the best candidate
around, against Della Guardia.
Without Raymond, Nico
doesn't have an issue.
Pull the party's
people and Raymond's
people together behind
somebody else...
that person would walk
into the PA's office.
It wouldn't be close.
You've thought a lot about this.
He just needs a push.
Push him yourself. It's not in me.
What?
Were you all set on
being chief deputy?
Carolyn...
if I can get away tonight
shall I get some take-out?
I like you, Rusty, but
I think it's over.
It's just not right for
me now. It's over.
I don't accept that.
You don't accept it?
Do I have a say?
I don't want us to end up enemies.
Mac said it was all right.
Have it your way.
Someone's in my office.
What is it, Rusty?
I wanted to talk about this
rapist you habitualised.
There's some problems.
I'm late for an appointment.
I would appreciate it if you
could put it in a memo.
You keep avoiding me.
You communicate through memos. You
skip meetings I'm
supposed to go to.
It's affecting work.
My work?
My work.
I tried to make it easier for you.
You make me feel uncomfortable.
I just want to be with you.
Can't we just talk about it?
I'm involved with someone else.
Since when?
What is it you want from me?
What do I have to do?
Grow up.
Rozat K. Sabich?
Rusty, I don't like to be here.
A search warrant for
these premises.
Come on in.
They're taking swatches
from your suits.
They'll try to match threads from
my clothing and the carpet...
with fibres they might
find at her apartment.
They're not looking
for a murder weapon?
I wouldn't be stupid
enough to bring it home.
If they look for it
and don't find it,
they'll have to admit
that in court.
I'll have to give a blood sample.
If you refuse?
They've got a warrant.
It's all routine.
I'm going to ask Sandy
Stern to take my case.
Hi, Sandy.
I realise you would like to avoid
public places at a
time like this...
but I don't think it is wise
for you to go into hiding.
I'm flattered that you want me
to represent you in this case.
You have been my
toughest adversary.
Did you get my subpoena
from the grand jury?
This morning. Clearly, we
will not let you testify.
Sandy, you expect me to
take the Fifth Amendment?
Of course.
That I cannot do.
You don't want to
prepare the prosecutor
by giving him pretrial statements.
Sandy, I don't think this case
is ever going to go to trial.
If I take the Fifth and refuse to
testify before the grand jury...
it could destroy my reputation.
The results of the blood
tests have come back.
They have identified
you as someone
who secretes A-type antibodies...
just like the man who had
last been with Ms Polhemus.
Chances of this being a
coincidence are one in ten.
So, I believe you will be charged
and that you will go to trial.
Have you anything to
tell this grand jury
about the death of
Carolyn Polhemus?
On the advice of counsel,
I decline to answer.
Wouldn't it be fair
to say you were
rather well acquainted
with Ms Polhemus?
On the advice of counsel,
I decline to answer.
Weren't you, in fact,
intimate with the lady?
On the advice of counsel,
I decline to answer.
You are under arrest. "You have
the right to remain silent.
"Anything you say can and
will be used against you.
"You have the right to have a
"lawyer present
during questioning.
"If you cannot hire a lawyer, one
"will be appointed
to represent you.
"You may stop answering
questions at any time."
Do you understand the rights
I have explained to you?
Call Sandy Stern to make bail.
Sandy should be available
in a few hours.
Let's see what they got.
Can't believe there could
be any more surprises.
That's when they come. That's
why they're called surprises.
Do we now understand
Della Guardia's case?
Yes, I think I do.
Let me hear it.
Sabich is obsessed with Polhemus.
She ditches him for another man.
Sabich becomes enraged.
He can't let go.
One night, knowing
his wife is out...
he calls her and begs
her to see him again.
Carolyn finally agrees.
She rolls around with
him for auld lang syne.
Then something goes wrong.
Sabich is jealous. He wants more
than she's willing to give.
He blows it.
Gives her what for with
some heavy instrument.
Decides to make it look like rape.
Sabich is a prosecutor, knows
there'll be dozens of suspects.
He ties her up.
Opens the latches to make it
look like someone slipped in.
And this is the diabolical part...
pulls out her diaphragm
so it looks like rape.
But in his haste and
confusion, he makes mistakes.
He forgets the glass
he drank from.
He doesn't think the
forensic chemist
will be able to ID the spermicide.
But we know he did
evil to this woman...
because he lied about
his presence in
her apartment the
night she was killed.
His fingerprints on the glass...
his blood type A
identified from semen...
fibres from the carpets in his
home, tell us he was there.
Very convincing.
But their evidence
of motive is weak.
That's where we must attack.
Is there any proof
of prior amorous
relationship between the two?
A few telephone calls.
They can be accounted
for by business needs.
- Any diary?
- No.
No note that came with flowers?
No lovers' correspondence?
- No.
- Good.
Gossip will not be admitted.
There are calls from my home to
Carolyn's in October of last year.
You were trying the case
of Wendell McGaffney then.
Reason enough for calling her.
Why did I tell Lipranzer not
to get my home phone records?
I take it for granted
that a person
of an innocent state of mind...
would rule himself
out as a suspect...
and save a busy detective
from wasting time.
Clearly, they hope to
win the case on the
strength of their
physical evidence.
I'd like to look at that
glass. It could help me.
List a motion for production
of physical evidence.
I want an inventory of
everything in that apartment.
Where's the contraceptive jelly...
the chemist is saying he finds
present? In her medicine cabinet?
I don't know.
I'll hear worse in court.
I never asked her
what she was doing.
One word of caution.
We do not want to
lead Della Guardia...
to evidence he has not
thought to obtain.
Best we conduct a search ourselves
without disclosing our intentions.
Also, your mention of Carolyn's
personal habits leads
to this thought.
We should subpoena her doctors.
Who knows what we might discover.
There's one big surprise, however.
Raymond Horgan's on
their witness list.
Why?
It's a hell of a way to
impress my new partners.
I'm here three days and I
get a grand jury subpoena.
I was wondering what we might
expect, in terms
of your testimony.
I'm going to testify about Rusty's
conduct of the Polhemus
investigation.
- How he volunteered to handle it.
- Just a second.
You insisted I take it on.
I don't remember it that way.
What are you trying to do to me?
What am I trying to do to you?
What are you trying to do to me?
I thought I had your loyalty.
Why didn't you tell me
about you and Carolyn?
Under the circumstances, I have
to advise Rusty not to respond.
Clearly, he would like to.
Let me ask you something.
Why were his fingerprints all
over that goddamn glass?
That's what I'm going to testify.
That he wanted the case.
That I had to chew his ass
to get him to move on it.
He seemed more interested
in if, when and how...
I was fucking Carolyn Polhemus
than in his own investigation.
When push came to shove,
he stood in my office...
he told us he'd been
nowhere near her
apartment the night
she was killed.
That's what I'm going to testify.
And I'll be goddamned
pleased to do it.
How can you think that I
could do a thing like that?
You always had the
cork in too tight.
We all saw that.
When you blew, you blew.
Come on, Rusty.
When did this relationship take
place between Raymond and Carolyn?
Just after she stopped seeing me.
Delay's got his motive.
What if I told you
Raymond secretly
assigned a bribery
case to Carolyn?
Some poor son of a bitch on a
public-indecency charge...
paid off a PA to have
his case dismissed.
Turns out, the guy's probation
officer is Carolyn...
and the deputy assigned to
the case is Tommy Molto.
Day after I find this out, I'm
charged with Carolyn's murder.
Before we venture down the
road into actual accusation...
we must consider the
matter very carefully.
It can't be a coincidence it
lays out this way, Sandy.
I mean, I'm innocent.
God, I made a fool of
myself today with Sandy.
How?
I told him I was innocent.
I thought he would've
asked you that by now.
No, it's axiomatic.
Defendants rarely tell the truth.
Lie to the cops, lie
to your lawyer,
lie to the jury that
tries your case.
Leave the bastards out there
with a grain of doubt.
You never asked.
If you're innocent?
You want me to?
Please draw a name.
"Judge Larren Lyttle."
I have some motions
from the defence.
Mr Stern, you want to examine
the scene of the crime?
Yes, Your Honour. To evaluate
the physical evidence...
to see if it actually proves
what the prosecution claims.
Mr Della Guardia?
With proviso that nothing be
removed, nothing disturbed.
- No objection.
- Granted.
Mr Stern, anything further?
We notice that Mr Molto is
listed both as a prosecutor...
and as a witness for the
prosecution. We object to that.
I take it you are speaking
of where Mr Sabich...
responds to Mr Molto's
accusation of
murder by saying: "You're right."
"Yeah, you're right."
Your Honour, the man
admitted the crime.
Come on, Mr Delay Guardia. Really.
Tell a man he's
engaged in wrongdoing
and he says, "Yeah, you're right."
Everyone knows that's facetious.
We're all familiar with that.
Shit, if Mr Sabich had come
from my neighbourhood...
he would've said, "Your momma."
But, in Mr Sabich's part of town
I would think they would say:
"Yeah, you're right."
And what they mean
is, "You are wrong."
Just to be polite.
Your Honour, isn't that a
question for the jury?
On the contrary, Mr
Delay Guardia, it
is first a question for the court.
If you use Mr Sabich's
statement and
risk my ruling it out of order...
then I will bar Mr Molto
from prosecuting.
But if he is the prosecutor...
then Mr Sabich's statement
may not be offered.
And I'll see you in
court in three weeks.
Ernestine, show in the next bunch.
What the fuck are you
doing with those?
We don't want Molto
thinking fingerprints
we leave here today
are from before.
We're not going to plant anything,
if that's what you're
worried about.
The law's the law.
Yeah, I know, Glendenning.
Diaphragm?
I don't know. The bathroom?
Where?
Nothing.
Fucking cops always
forget something.
What is it?
Her phone book.
Check with her doctors on
the contraceptive stuff.
Carolyn never seemed worried
about anything like that.
She's got them under "D." Jesus,
she's got a lot of doctors.
If the chemist says spermicide is
present, and it's not
seized from here...
then you tell me where it's at?
I don't know. Maybe I took it
when I took the diaphragm.
It doesn't make sense.
You got to remember, I wasn't
thinking very clearly.
If I had been, I wouldn't have
left my fingerprints on the glass.
You were a former chief
deputy prosecutor.
How does it feel to
be on the other side?
Think you might be a
political scapegoat?
Sorry, we're not about to try this
case on the courthouse steps.
How do you feel about
your husband, now?
All rise.
The Superior Court for the county
of Kindle is now in session.
The Honourable Larren L.
Lyttle, judge presiding.
Draw near and give your attention
and you shall be heard.
God save the United States
and this honourable court.
The People vs. Rozat
K. Sabich, for trial.
May it please the court.
The State's evidence will show
that on or about April 1st...
Carolyn Polhemus, a deputy
prosecutor in Kindle County...
was brutally murdered.
The proof will show
that this murder
was perpetrated by
her colleague...
Rozat K. Sabich.
How are we to answer this,
Rusty Sabich and I?
Mr Della Guardia's
case involves no
facts but supposition
upon supposition.
Guess upon guess.
When you listen to the
evidence, ask yourselves...
why Rusty Sabich...
the finest prosecutor
of this county...
a man who has devoted his
life to preventing...
and punishing criminal behaviour,
not to committing it...
sits here as the accused.
Why?
The State calls
Detective Harold Greer.
May we have a word with the bench?
This witness will testify about a
bar glass. They have no bar glass.
What about this?
I learnt the first time
last night, from Tommy...
Hold it right there.
Inside, gentlemen.
I request that Mr Sabich
join us in chambers.
He is an integral
part of the defence.
Where is the fucking glass?
Police Evidence Room
was where it was
supposed to be, but
they can't find it.
We won't be talking about evidence
that nobody can find.
Not in my court.
We don't object to
the photographs,
just to testimony
about fingerprints.
I will reserve
decision, gentlemen.
A stroke of luck.
Their disorganisation
will help us with the jury.
They'll find the
glass. They always do.
Ladies and gentlemen, these
photos depict horrors...
you may be expected to
react to with disgust.
But I am instructing you,
that in themselves...
they are proof of nothing
except the nature of the crime.
How you doing?
- They making it tough on you?
- Those cupcakes? Come on.
Is there anything you need?
Yeah, I got to find this
guy, Leon. Leon Wells.
The guy who's supposed to have
bribed the PA at the North Branch.
I wouldn't ask, but it
might really matter.
Think Molto's kinky on this? Set
you up to keep you from looking?
You want to hear me say I think
it might be possible? I do.
Okay, after I testify.
They got their eyes on me.
When I'm off the
stand, they'll ease
up. I'll work on it then. Hard.
You're a pal.
Is he gonna help?
After he testifies. Might
be too late by then.
I think it's going well.
The jury's gonna remember pictures
of Carolyn tortured to death.
They'll want somebody to
pay for what they saw.
Tomorrow, Raymond...
my friend and mentor, will
testify he thinks I'm guilty.
Then come the physical proofs:
Fingerprints. Fibre.
Bodily fluids.
They all point to me.
You know the defendant,
Rozat Sabich?
Sure, I know Rusty. I've known
him since he was a law student.
He was my second in command.
Would you identify him?
That's him.
You assigned Mr
Sabich to supervise
the investigation in this case?
He volunteered.
And I accepted.
He promised to pursue
it vigorously.
Did he?
Not to my way of thinking, no.
I got the feeling he was
stalling on the investigation.
I let him know that I
wasn't happy about that.
He brought in his own detective
to replace Harold Greer.
Then he gave his new partner
instructions to ignore evidence...
about telephone calls between
his house and Carolyn's.
He tried to limit the scope of the
fingerprint search
to exclude his own.
He was more interested
in whether I had
been intimate with
Carolyn Polhemus...
than in the facts
surrounding her murder.
What did you tell him about
you and Ms Polhemus?
I told him the truth.
That we'd been together
for about three months.
This, of course, was
after I was divorced.
At that time, or any other time...
did he inform you of his
personal relationship with her?
There is no proof in the record
of any relationship between them.
I'll let the question stand.
But Mr Della Guardia is asking a
question based on
his assumption...
that something was going on
between Mr Sabich and Ms Polhemus.
Just because he thinks it's so...
doesn't make it so.
Proceed.
I never would've let him
handle the investigation...
if I thought he'd been
intimate with the victim.
Nothing further.
Have you any...
personal knowledge...
that there was ever a relationship
between Mr Sabich and Ms Polhemus?
That's the point.
He didn't tell me.
Please answer the
question I asked you.
Do you remember the question?
I do.
But you chose not to answer it.
I apologise, Mr Stern.
I have no personal knowledge that
such a relationship ever existed.
Assuming there was
something to disclose...
you believe he
should have informed
anyone in a responsible position?
I do.
Certainly you would give any
information you had on a case...
to your investigating staff?
Certainly.
Mr Horgan...
you removed a file, a
so-called B file...
from Ms Polhemus' office after the
investigation of her murder began?
What's the relevance of this?
The witness has testified
on direct examination...
that Mr Sabich did not bring to
his attention information...
that he regarded as pertinent.
The defence is
entitled to explore Mr...
Horgan's standards in this regard.
Subject to a later
connection, I'll allow it.
Continue, Counsellor.
And you gave that B
file to Mr Sabich...
only after he informed you it was
missing from Ms Polhemus' office?
That's true.
You've told us that you
and Carolyn were lovers.
For a short time, yes.
B-file cases...
cases involving bribery and
official misconduct...
are normally assigned to
the assistant deputy.
At the time, Mr Sabich.
Is that not true?
That was the usual practise, yes.
You gave this highly sensitive
matter in this B file...
to Carolyn Polhemus while
you were sleeping with her?
That appears to be the time frame.
The answer to the question is yes.
Weren't you concerned,
in the midst of
a nip-and-tuck
election campaign...
about word leaking out that you
had secretly given a file...
that was in Mr Sabich's
area of authority...
to an assistant with no
experience in such matters...
with whom you were
sleeping at the time?
It may have crossed my mind.
Who knows? It was not
an ideal situation.
Far from it.
And, sir...
you come to this courtroom...
where the life of a man...
who served you faithfully for 12
years now hangs in the balance...
and you tell us you withheld
evidence from him...
that might have assisted
in his investigation?
All right.
Is it fair to say...
that the chief deputy is the
person in the office...
in whose judgement you place
the greatest confidence?
I regarded him as the best
lawyer for the job, yes.
And you gave Mr Sabich
the authority...
to decide when and where
to fire Mr Della Guardia?
Gentlemen...
let's stop right there.
What is the relevance
of who fired who?
Judge, it's our theory that Mr...
Sabich is being
framed in this case.
- I don't believe it.
- Your response has been noted.
If Mr Stern is truly going
to endeavour to prove...
that the case against Mr Sabich
has been manufactured...
then this history of antagonism
is relevant for those purposes.
What about this missing B file?
We believe it's being withheld
because it contains evidence...
that is necessary to the defence.
So, we intend to
pursue this matter...
until we have a full understanding
on how it bears on the truth.
I don't know where this will lead
us, but I'll tell you two things:
You'd better be prepared for
the prosecution's response...
because he is going
to be entitled to a
great deal of latitude
in answering.
Because I am going
to give him that.
Do you recall we
spoke about a B file
that you assigned to Ms Polhemus?
I'll remember it for
quite some time.
Was Mr Molto involved
in this case?
Objection.
Objection sustained.
Mr Stern, you're
playing with fire.
Do you know what investigation,
if any, Mr Molto pursued...
I'll answer that.
He took no action.
He wasn't going to chase
Sabich's red herrings.
Mr Della Guardia, you will
remember you're the prosecutor...
not the witness.
Perhaps we can all learn something
about red herrings and scapegoats.
That is all.
This court is adjourned
for the weekend.
I don't understand
what you're doing.
You're alienating the judge.
When I said they
manufactured a case,
you wanted nothing to do with it.
Clearly, I changed my mind.
On the basis of what?
Instinct.
If you don't like it, you
can always come home.
I wanna go.
All my friends will be there.
I'll be okay.
Come here. Sit down.
Look, I'm accused of doing
something I didn't do.
This trial is gonna give me
a chance to clear myself.
- That's what's gonna happen.
- Of course.
Of course.
Here are the postcards. Use them.
- Don't forget to write.
- They make me.
What about me?
Did Mr Sabich ever tell you...
he had a personal relationship
with Ms Polhemus?
No.
Did Mr Sabich, at any time...
order you not to get phone
records of calls from his home?
He never ordered me. He asked me.
He asked you not to
get those records?
Did you oblige him?
I was taken off the case
before I got to those records.
You did or did not
get those records?
I did not.
We had a lot of higher-priority
items on our mind.
A high-priority item...
was the analysis of fingerprints
found in Ms Polhemus' apartment.
Who talked with the
Fingerprint Lab?
Mr Sabich.
Did you ask him to
expedite the reports?
Yes, sir, I did.
What did he say, if anything?
He said he forgot.
He forgot?
Rusty forgot.
Would it be fair to say the two
of you, by working together...
have formed a personal friendship?
I suppose so, yes.
Were you assigned initially?
Harold Greer initially
handled the case.
Has Mr Sabich ever
expressed to you...
any reservations about
Harold Greer's abilities?
Everybody that I know thinks of
Harold Greer as a top-grade cop.
Do you know who decided to replace
Harold Greer and bring
you on this case?
Mr Sabich.
Do you feel...
withdrawn.
To your knowledge,
does the defendant
have a closer personal
relationship...
with anyone on the police
force than he does with you?
Not that he's mentioned, no.
So it's fair to say, Detective...
that you are the
police officer least
likely to suspect him of murder.
I would never believe that. Never.
Thank you for your
cooperation and answering...
what must have been painful and
difficult questions for you...
considering your relationship
to the defendant.
Nothing further.
You made reference to a theory
you were developing that...
Ms Polhemus might have been the
victim of a revenge killer.
Someone she had once sent to jail.
Yes, sir. We thought of that
as our most likely case.
To identify possible suspects...
you reviewed cases
she had prosecuted,
and was currently prosecuting...
going back several years? Correct?
Yes, sir.
Were you able to find
all those files?
No, sir. A file was missing.
This is the so-called B file...
that was withheld from
you and Mr Sabich...
until Mr Sabich requested it
personally from Mr Horgan?
Yes, sir.
It involved allegations...
Let's move on.
You've been warned about
riding off in all directions.
No further questions.
No redirect, Your Honour.
We need subpoenas for
Carolyn's doctors...
and for phone company records...
to check for errors.
I don't think we need
to bother with that.
You said there was something
wrong with the phone records.
That you never called Polhemus
the night of the murder.
Jamie, I'd like a moment
alone with my client.
- Sure.
- Thanks.
I used to call Carolyn's
apartment after it was over.
I'd call...
just to hear her voice.
Then I'd hang up,
like a goddamn kid.
I'm not sure I called that night
or not. I don't remember.
Contrary to my original hopes, we
will have to present a defence.
My first instinct is...
to put Barbara on
the witness stand.
No.
She's an attractive woman and
there are five men in the jury.
She can also support your
alibi quite effectively.
It's not negotiable, Sandy.
When I was a prosecutor...
I always knew I had a winner when
the defendant refused to testify.
All I want to do is
to tell the truth.
The jury wants to hear
me say I didn't do it.
And that, you will do very well.
But with every word,
you will confirm
what the prosecution is saying.
That you were overwhelmed
with a sexual obsession...
that took a wrong turn into
rage when she ended the affair.
You will have gone a long way to
eliminating the jury's
reasonable doubt.
The State offers as evidence...
from the defendant's suitcoat...
a hair identified by the Police
Crime Lab as that of the deceased.
The skirt of the
deceased contaminated
with fibre identified
as Zorak V...
a carpet fabric found in
the home of the defendant.
Chemist's identification
of blood type...
and semen from the vagina
of the deceased as type A.
Results of a blood test
of Rozat Sabich...
identifying his as blood type A.
The shirt of the deceased,
contaminated with the
fibre Zorak V...
carpet fabric used in
the defendant's home.
The State calls Detective
Morris Dickerman.
This relates to missing evidence.
I hope you're not considering
allowing them...
to proceed with the fingerprint
evidence in the
absence of the glass.
If so, we would like to be
heard on that question.
I understand that.
You may want to do some
research into this issue.
You hit the books tonight and
I'll listen to you tomorrow.
And if I were you...
I'd roll up my shirtsleeves and
go to the Evidence Room...
and find that glass.
You're not going to
get any sleep again.
That glass is the
strongest piece of
physical evidence
that I was there.
If I can find solid
precedents to keep it
out of evidence, their
case will fail.
Get something to eat and
don't drink too much coffee.
Thanks.
For what?
For hanging in there.
What did you expect?
Yeah, just a sec.
It's your uncle.
My uncle?
We got something on that
very important matter.
I'm downstairs, in the lobby.
We're working to keep the
glass out of evidence.
Fuck the glass. I found Leon.
Feature this. He's a Night Saint.
Leon.
Answer the door.
Open up, Leon. It's the police.
We just want to talk, Leon.
On the floor.
- Don't even breathe.
- What the fuck you doing?
I'm Detective Lipranzer.
This is Mr Sabich from
the prosecutor's office.
We have a few questions, Leon.
If you're straight with us,
we're gone in five minutes.
Five, six years ago, you
paid off a deputy PA...
$1,500 to make some
trouble you had go away.
555-3469.
Jack Friedman, you ask for.
What the fuck he do that for?
He wants your complete attention.
Rusty Sabich is
getting on the phone,
he will tell your
present associates...
that five years ago
you paid off a PA to
get off a rap on
molesting an officer.
To wit:
Trying to get paid to suck
his cock in a public place.
Now, Leon...
how about five minutes
of your time?
This blonde bitch...
my probation officer, set it up.
In the PA's office.
Man standing behind me.
And she be telling
me, when I come in:
"Just don't turn around.
"Just do what the man say."
He said:
"Just leave the money
in the top drawer."
Fifteen hundred dollars.
You never saw him?
But he knows who it was.
Judge Motherfucker.
That's what we all call him.
Larren Lyttle.
I bet Larren was porking her...
and taking the money
to keep her in style.
Sometimes I hate being a cop.
Sorry, pal. You were
counting on it being Molto.
If you leak this
stuff we got on him
to Larren, he might
dismiss your case.
Okay, it was just a thought.
All rise.
This court is in session. Judge
Larren Lyttle presiding.
Where's Kemp?
We just received the
medical examiner's
files on the reports
from her doctors.
He's going over them right now.
We may have a surprise in
the medical testimony.
Mr Molto, you have
completed your search?
Your Honour...
the police have not been
able to locate the glass.
All right.
Mr Stern, I have studied
your arguments.
You are about to
hear the testimony
of a fingerprint expert...
concerning evidence
that he claims to
have identified on
a certain glass.
I am instructing you
as a matter of law
that you are entitled
to consider...
the prosecution's failure to make
the glass available
to the defence.
I am not telling you what to do.
But it is permissible for
that one fact alone...
to raise a reasonable doubt that
would require Mr
Sabich's acquittal.
Mr Stern's objection is overruled.
His exception is noted
for the record. Proceed.
I'm sorry.
He's right, under the law.
Based on the lateral slash on the
anterior portion of
the fingerprint...
the distinctive centre whorl...
and the exact match
on the top swirl...
I am certain the
fingerprint on the
glass from Polhemus' apartment...
is identical to that
contained in the
employment file of
Rozat K. Sabich.
Very good.
We are calling Dr Kumagai,
the county coroner.
There are three
depression fractures...
like from a heavy, blunt
instrument. Maybe a hammer.
Here... here... and here.
This, and this over here, are...
sharp, deep penetrations of
the skull and of the brain...
like with a hatchet, or
maybe a meat cleaver.
I call to your
attention the results
of the forensic
chemist's analysis...
State's exhibit 63.
I think we might just
nail this sucker.
That report states the specimen of
semen taken from Ms
Polhemus' body...
has been identified as being
of Mr Sabich's blood type.
You are correct.
It also indicates the
presence of chemicals...
consistent...
with the use of a
birth-control device.
A diaphragm.
It does.
Your opinion is that this was...
a staged rape?
That is my opinion.
And the way it was done...
suggests...
the knowledge...
of investigative techniques?
That's what I told Mr Molto.
All of these deductions depend...
on the presence of
spermicidal jelly...
in the specimen you sent
to the forensic chemist?
Yes, sir.
How many autopsies do you
perform in a week, Dr Kumagai?
One, two...
ten. It all depends.
Would it surprise you to know
you performed 18 autopsies...
in the two weeks surrounding
Carolyn Polhemus' death?
No, sir.
Sounds about right.
Given that number, isn't
it fair to say that...
the specifics of any one
examination may slip your mind?
I take notes while I
do the autopsies.
Notes, yes.
These notes led you to tell
Detective Lipranzer...
that the murderer was sterile?
Looking back, you must have
thought you were a fool...
to have escaped
something so obvious as
the use of a contraceptive
spermicide.
All the sperm were dead.
I didn't have the
forensic chemist's
report about the
spermicidal jelly.
In the absence of any
other explanation,
I thought the guy was sterile.
Do you recognise your notes of
your autopsy of Ms Polhemus?
Yes, sir, my signature.
Unless there is any objection...
would you please read the short
passage marked by the paper clips?
Page two, Counsel.
Read it out loud, please.
"The Fallopian tubes...
"are ligated and separated.
"The fimbriated ends appear..."
That's not right.
Your own autopsy notes?
You dictate them as you
perform the procedure.
But not right.
I show you the records of Dr
Lubin, a gynaecologist...
who performed this procedure on Ms
Polhemus six and a half years ago.
Would you explain to the jury
what a "tubal ligation" is?
Would you explain, in
layman's language...
what a "tubal ligation" is?
She had her tubes tied.
Is it possible for a woman with
this procedure to
conceive a child?
No way.
Can you think of any reason...
for a woman who had
her tubes tied...
to use a spermicide?
No reason.
No medical reason.
I think of nothing.
Does it not follow,
given these facts...
that the specimen you
sent to the chemist...
was not taken from the
body of Carolyn Polhemus?
I can't account for it.
So you don't know what happened.
Wherever you got that
specimen from, Doctor...
you sent it to the chemist...
while you were secretly
communicating with Mr Molto...
behind Mr Sabich's
back. Am I right?
Do you accuse me, Mr Stern?
Sit down, Doctor.
I think we have had enough...
unsupported accusations
for one case...
Dr Kumagai.
You may step down, Doctor.
Do I take it, Mr Delay
Guardia, that the State rests?
Judge, may we approach?
We would like Mr Molto to testify.
No.
Judge, you said we would be
entitled to some leeway...
if the defence proceeded
with this frame-up theory.
Yes, but I did not know
then, Mr Della Guardia...
that your evidence would disappear
after last being
seen with Mr Molto.
I didn't know that Mr Molto...
and the chief pathologist
would manufacture evidence...
and testimony.
And I tell you, that is a fair
interpretation of
the day's events.
I'm still considering the question
of what happens to Mr Molto...
but what isn't gonna happen...
is him getting up on the witness
stand and making matters worse.
Withdraw, gentlemen.
On behalf of the people of
Kindle County, the State rests.
This court is adjourned.
You should savour today, Sandy. No
lawyer gets many
crosses like that.
What a colossal blunder.
Tomorrow I will make the
motion for a dismissal.
If the dismissal is not granted,
we must proceed with the defence.
I need to know if you still
insist on testifying.
Of course, you know
my strong objections.
Why is he so against
your testifying?
He's afraid I'll
tell the truth about
my relationship with Carolyn...
thus giving the prosecution the
motive they've been lacking.
One could argue...
if the jury feels
I'm being truthful
about something so painful...
they should believe me when I
say I didn't commit the murder.
What would you think?
If I were a member of the jury?
And I heard you admit how
much she meant to you?
I think I'd conclude
you were guilty.
I want to testify.
What would you say?
I'd say you were the
only man I ever loved.
And I still do.
Before we begin our presentation,
I would like to...
Make a motion for dismissal?
Yes, Your Honour.
Sit down, Counsellor.
I have reflected on this case at
length, ladies and gentlemen.
I understand...
the prosecutors have suspicions.
Perhaps Mr Sabich was
there that night.
The State might be granted that.
And if the prosecutors had
ever found that glass...
I might be more convinced.
Maybe before yesterday...
I might have said
there were reasonable
grounds for those suspicions.
But now, I'm not so sure.
So after yesterday...
there is no proof of motive here.
There is no concrete
evidence that there
ever was an intimate relationship.
There is no effective proof,
so far as I am concerned...
that would give a reasonable
person grounds to believe that...
Mr Sabich had carnal
relations with Ms...
Polhemus on the
night of her death.
In point of fact...
there's not one shred
of direct proof...
that Mr Sabich
murdered Ms Polhemus.
Under these circumstances...
I cannot allow this
trial to continue.
Mr Sabich...
you are discharged, sir.
I cannot begin to tell
you how sorry I am...
that any of this has taken place.
Not even the pleasure
of seeing you free...
can make up for this...
this disgrace to the
cause of justice.
I wish you Godspeed.
Case dismissed.
Hey, Rusty. Come on.
Give the missus a big hug.
Nobody can say anything
adequate at a time like this.
We're very grateful, very
pleased it's all over.
I want to go home, now.
I'll talk to Nat. I'll
phone him, tell him.
For the record, I have the
highest regard for Rusty Sabich.
You think you're out of a job?
You're the very best.
How'd you know what was behind
Larren's fear of the B file?
You question the
judge's integrity?
With just cause, wouldn't you say?
You knew that file didn't have
a damn thing to do with my case.
Yet you let Larren know you'd
drag it in at any opportunity.
That it would come out
that he was taking bribes.
That Carolyn was the courier.
You blackmailed him, Sandy.
We speak now tonight...
and these things
are never spoken of again.
Agreed?
Larren's divorce left him
in a state of disorder.
He was drinking too
heavily and fell into
a relationship with
a beautiful, but...
self-serving woman.
The fact is...
Larren himself
grew suicidally depressed.
He wanted to resign
from the bench.
Raymond Horgan
talked him out of it.
Raymond knew he was taking bribes?
Larren told him.
Raymond cleaned up the Northside,
as you recall...
and he also rescued
a distinguished mind...
and a career that does honour
to the bench.
I believe Larren today did
what he thought was just.
You tell me, Rusty.
Was justice done?
How are you doing?
Christmas present.
Jesus...
you're hanging your ass out
a good long way on this one.
It was them that fucked up.
Remember, they came around,
they grabbed all the evidence.
The glass wasn't there.
I took it down to Dickerman.
The very next day
I get a call from the lab.
The test is done.
I can pick up my glass.
When I went down
there, Molto had signed
a receipt, "Returned to Evidence."
The idea was that
I'll put it back in.
Only I got nowhere to put it...
since it ain't my
goddamn case any more.
So I tossed the
thing in my drawer.
I figured, sooner or later
somebody's got to ask me.
Nobody did.
You think I killed her.
The lady was bad news.
That makes it okay I killed her?
Did you?
Oh, pal.
Nat.
Where's Mum?
Upstairs in the bathroom
throwing up when I saw her.
She's got her
university interview today.
What's the big deal?
No eggs for me, thank you.
That looks nice.
You think?
That dumb old college would be
lucky to have you teaching there.
You tell her, kid.
I'll do some work around the house
while I still have time.
I've lived to see the day.
Give me a hand with the fence
when you get home.
I can't. I got a
game after school.
Good luck, Mum.
Go get them, kid.
I did it.
I fooled them all.
The interview.
They think I'm qualified.
You understand what happened
had to happen.
It couldn't have turned out
any other way.
A woman's depressed...
with herself...
with life...
with her husband,
who had made life
possible for her until he was...
bewitched by another woman.
A destroyer.
Abandoned...
like someone left for dead...
she plans her suicide.
Until the dream begins.
In the dream, the
destroyer's destroyed.
That's a dream worth living for.
Now, with such simplicity...
such clarity,
everything falls into place.
It must be a crime...
that her husband
can declare unsolved
and be believed by all the world.
She must make it look like a rape.
But she must leave
her husband clueless.
Once he discovers who it was...
he'll put the case into the file
of the unsolved murders.
Another break-in by some...
sex-crazed man.
But all his life...
he'll know that it was her.
She remembers a set of glasses
she bought for the woman...
some time before,
a housewarming gift
from her husband and his office.
She buys another set.
Her husband has a
beer one night...
doesn't even comment on the glass.
Now she has his fingerprints.
Then on a few mornings...
she saves the fluid that comes out
when she removes her diaphragm.
Puts it in a plastic bag.
Puts the bag in the
basement freezer...
and waits.
She calls the woman
and asks to see her.
Stops first at the U
and logs onto the computer.
Now she has her alibi.
She goes to the woman.
The woman lets her in.
When her head is
turned, she removes the
instrument from her
bag and strikes.
The destroyer is destroyed.
She takes a cord out...
that she brought along...
and ties her body...
in ways her husband described
perverts do.
She feels power...
control...
a sense that she's guided
by a force beyond herself.
Takes a syringe and injects
the contents of the Ziploc bag,
leaves the glass on the bar,
unlocks the door and windows...
and goes home.
And life begins again.
Until a trial...
when she sees her
husband suffer...
the way she never...
intended.
She is prepared to tell the truth.
Right up to the very end.
But magically...
the charges were dismissed.
The suffering was over.
They were saved.
Saved?
The murder of Carolyn Polhemus...
remains unsolved.
It is a practical impossibility to
try two people for the same crime.
Even if it wasn't...
I couldn't take his
mother from my son.
I'm a prosecutor.
I have spent my life
in the assignment of blame.
With all deliberation
and intent...
I reached for Carolyn.
I cannot pretend
it was an accident.
I reached for Carolyn...
and set off that insane mix
of rage and lunacy...
that led one human being
to kill another.
There was a crime.
There was a victim.
And there is punishment.