Law & Order (1990–2010): Season 11, Episode 9 - Hubris - full transcript

A charming conman acts as his own defense during his murder trial. During the trial, he deliberately tries to taint the jury by flirting with the forewoman.

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.

Morning.

Adam?

Corinne?

Hello?

Oh, my God! God!

(SOBBING)



Oh. My God!

They were herded in here,
bound, gagged and shot.

Old man's got defense
wounds on his hands and arm.

Put up a struggle.

Little girl got it in the back.

Others got shot in the
head execution style.

.45.

Yeah. He didn't want to take a
chance on anybody surviving.

Time of death?

Tentatively, yesterday afternoon
between 2:00 and 4:00.

You got any ID's?

Yeah, Adam and
Corinne Bennett, owners.

Gail Churchill, jewelry designer.
Her daughter, Ellie.

Get the tapes from
the surveillance cameras.



Got it.

ED: Lennie, this is Rebecca Kent,
she's the assistant manager.

Ellie just had a birthday.
She was six.

Uh, you weren't here yesterday?

I would've been but my
mother broke her foot

and Adam told me
to take the day off.

They always put family first.

So you gonna be okay getting us an inventory
list, so we can see what's missing?

We got two people
outside for you to talk to.

BRISCOE:
We'll be right with you.

We also need the names of
ex-employees and delivery people.

This officer will go with you.

Okay.

I saw them around
3:00 yesterday,

came in to show them
new pictures of my grandson.

I'm two doors down,
the bookstore.

You saw all four of them?

Adam and Corinne.

I didn't see Gail or the little girl,
they must've been in the back.

What were the Bennetts doing?

Adam was buried in a stack of invoices,
Corinne was polishing a bracelet.

But it doesn't make sense, I came
by at 3:30 to have a ring resized,

closed sign was on the door.

Did you have an appointment?

No, they were always
open till 6:00.

MAN: Yeah,
that's the truth.

In 30 years Adam never
closed early but once,

when Corinne went
into labor with their son.

Where is he?

He teaches at the
London School of Economics,

hasn't been home in 18 months.

We got a problem.

What?

Security tapes are gone.

Now what am I
gonna watch tonight?

It just keeps going through
my head, over and over.

If I'd picked my daughter up from
school yesterday, she'd still be here.

Why didn't you?

I was at work.

Around lunch I started
feeling a little off,

like I was coming down
with something.

So I called Gail
and asked her to cover for me.

Then I went home
and crawled into bed.

You and your ex-wife
were on good terms?

We had joint custody,
we had to be.

What time did Ellie
get out of school?

3:30.

And the school
is located where?

Upper East Side, 86th and 3rd.

So Gail couldn't have gotten to
the Bennett's much before 4:00?

Later than that. Ellie had a
dentist appointment after school.

Are you sure?

ED: Your man on the scene put the time
of death between 2:00 and 4:00 p.m.

and two of the victims were at a dentist's
office across town at that time.

Mmm-hmm. Till after 5:00.

Can I get a word in here?

Mr. and Mrs. Bennett
were killed around 3:30.

Gail Churchill and her daughter
died two or three hours later.

Two or three hours?

5:30 at the earliest.

VAN BUREN:
So he slaughters the Bennetts

and then hangs around the crime
scene for more than two hours?

What was he doing,
trying on the goods?

Well, more likely,
he was waiting.

For Gail Churchill.

Killer had reason to believe
Gail would be there.

There's no way he could know she
was picking her daughter up.

She messed up his plan.

Murder one,
staged to look like robbery.

Let's find out who wanted
Gail Churchill dead.

WOMAN: Everybody loved Gail.

She was one of those people who
lit up the room when she came in.

People gravitated towards her.

What about her ex-husband?

He gravitated
towards her checkbook.

David was always full of big
dreams that never went anywhere.

Gail had finally had it with
supporting him and filed for divorce.

She supported him? So, she
was pulling in good money?

Her jewelry line
was really taking off.

She worked hard
for her success.

Detective, I admit that we weren't
particularly fond of David,

but he just couldn't have
done this monstrous thing.

If you'd have seen him with
Ellie, you would've known that.

Does the name Jeff Barnes
ring a bell?

He was her dentist.

Hmm.

And Mary Fazekas?

Maybe a school friend or a
business acquaintance? Why?

Cause there's an entry here
the day before the murders.

Susan Prescott?

Her attorney.

Okay. All right. What
about this guy, Mark I.?

He's in here a lot.

Mark Landry.
Real estate broker.

They met when Gail was apartment
hunting after the divorce.

He found this place for her.

They started dating
after the closing.

They've been seeing each other
for the past few months.

We were very happy about that.

BRISCOE: Mr. Landry, we know
this is a difficult time.

Yes. I want to help
in any way I can.

Do you know
if Gail had any enemies?

I thought it was a robbery.

We just need
to cover all our bases.

Speaking of which,
where were you?

Carrington House.
I was showing a coop there.

I can't believe
you think she was a target.

You can't think of anybody she
might've had problems with?

Her ex-husband.

But I can't think he would've done it,
I mean, Ellie was their daughter.

Well, whoever did it got away with
about 70 grand in merchandise.

We hear the ex
was always a little short.

That's along way away
from what you're suggesting.

I mean, I didn't like the
guy, but I can't think that...

You didn't like the guy? Why?

Gail was a wonderful woman and she
deserved to be appreciated and loved.

David was just
all about himself.

David Churchill was married
to a jeweler for five years,

I think he might know
how to unload some hot rocks.

Byrne went to their bank.

Mr. Churchill's
checking account,

$832 and some change,

last deposit a week ago,
just under $100.

All that proves is he's not stupid
enough to put the proceeds in the bank.

VAN BUREN: He may not
need the proceeds.

BRISCOE: What's that mean?

Same bank, Gail Churchill set up
a trust fund for her daughter.

In the event that both Gail and Ellie
died, David is the beneficiary.

For how much?

A quarter of a million.

Damn.

How do we get around
the time discrepancy?

I mean, killer went to the Bennett's
at 3:00 thinking Gail would be there.

David Churchill knew she
wasn't gonna be there,

'cause she went to pick up the
daughter to take her to the dentist.

A bluff to throw
suspicion off himself.

Well, why don't we move out of the
realm of speculation, if we can,

and bring him in for a chat.

The trust fund?

I assumed Gail changed the
beneficiary after we got divorced.

That is the exact position that I
would take if I were in your shoes.

I buried my only child
two days ago.

You have no idea
what that does to you.

I did not kill her and I can't
comprehend why anybody would!

Look, we talked to a lot of Gail's friends,
they said you didn't want the divorce,

that you were constantly
hitting her up for money

and that you didn't like the
fact that she was dating again.

I had no problem
with her dating.

I just didn't want that
Landry guy around my daughter.

Why's that?

I don't like him.

Apparently
the feeling's mutual.

So, where'd you go after you left
work the day of the murders?

I told you, I was sick.
I went home!

(KNOCKING ON DOOR)

Latent got a match
on some prints.

We got a hit on prints
that were found

both in Gail Churchill's apartment
and in the jewelry store.

Ex-con named
Richard Morriston.

Who?

Fraud arrest in Colorado two years
ago, pled guilty to a misdemeanor.

Two domestic abuse arrests,
one in Chicago, one here.

The local woman's name
was Susan Kimball.

Guy gets around.
Got a mug shot?

Sure.
(TYPING)

Oh. Mark Landry. Gail
Churchill's new boyfriend.

Not anymore.

SUSAN: Richard Morriston, huh?
I knew him as Kevin Massey.

He had just gotten his real estate license.
He found me an apartment,

which I was dumb enough to let him move
into after he'd blinded me with charm.

What went wrong?

I suspected he was accessing
my corporate accounts

and using insider information
to make stock trades.

BRISCOE: You confronted him?

He has sensitive antenna.

He knew something was wrong
and asked me what it was.

So I told him.

Big mistake.

Ms. Kimball,
the police report says

your injuries kept you in the hospital for two days.
Why'd you drop the charges?

I was afraid of him.

What's he done?

It's not clear yet, but he's
left an unattractive trail

from Denver to Chicago to here.

Denver?

He told me he came here
straight from Utah.

According to Salt Lake City PD,

Morriston dropped out of University
of Utah Law School in '94,

right after the disappearance of
his girlfriend, Beth Fazekas.

She was never found.

The Mary Fazekas in Gail Churchill's
appointment book, that's Beth's mother.

We spoke to her this morning. She said
she never heard of Gail Churchill.

She's convinced Morriston
murdered her daughter.

She's been waiting six years for a
break in the case. She's flying in.

So obviously Churchill found
out about Morriston's past.

VAN BUREN: More than that.

She must've known something
that put him in danger.

Nail it down
and we've got a motive.

How does a con man
bamboozle so many smart women?

Practice, practice, practice.

You ever hear of an outfit
called lntelli-mate?

Yeah. They run background
checks for suspicious lovers.

How romantic. You use them?
(SCOFFS)

What you got?

MasterCard charge,
two weeks ago.

Seven hundred bucks
to lntelli-mate.

So most of your customers
are women?

90%.

Today's world, a woman's gotta be nuts
to date someone without running a check.

Here we are. Gail Churchill, gave me
a name and social security number.

Said she wanted us to run a
check on Richard Morriston.

We found three arrests,
four known aliases.

Suspected in the unsolved
disappearance of a girl in Utah.

Did Ms. Churchill say how she
came by the social security card?

She was dating a guy named Landry.
Found Morriston's card in his wallet.

I guess it set off a red flag.

And you mailed this
information to her apartment?

We don't do that
for security reasons.

I called her when it was
ready, she picked it up.

Day before the murders.

We don't want to hold out any
false hopes, Mrs. Fazekas.

Don't apologize, Detective, I know you're
not working on my daughter's case.

Yeah.
I just want to help.

This is Detective Green.

Hello.
Hi.

Can you help us with this?

That's him.

My God.

ED: You recognize
Ms. Churchill?

No, it's the necklace she's wearing.
It was my daughter's.

So this is it.

I've always known Beth was dead
but seeing this necklace...

Are you sure it's the same?

My husband and I
gave it to her.

A heart-shaped diamond
surrounded by rubies.

We had it made for her 18th birthday.
Did you find it?

No, no ma'am.

Do you have any receipts or anything
authenticating the necklace?

My husband registered
it with Gemprint.

It's a private appraisal
and registration service.

We use a laser-based scanner
that interfaces with a PC.

Fazekas, Carl,
here's your stone.

Originally registered
in Salt Lake City.

Originally?

Uh, apparently it got sold
somewhere along the line,

'cause we re-registered it
a few weeks ago.

We're talking
about a necklace, right?

A heart-shaped diamond
with rubies?

(TYPING)

Right here.

Who registered it
the second time?

Churchill, Gail.

Did you tell her
she wasn't the first?

She seemed puzzled,
didn't say why.

So Landry/Morriston gives
Gail Churchill the necklace

and a story
to go along with it.

Yeah, probably that he had it
made especially for her.

She's a jeweler so she knows it's
valuable, and she knows about Gemprint,

so she takes it there
to get it registered.

Yeah. Surprise! Surprise!

Now she's suspicious,

so she goes to his wallet and finds
Morriston's social security card.

And lntelli-mate
puts it together for her.

Morriston know he's a suspect?

Not from us.

So far he's just been
a friendly witness.

All right. Let's find him, keep him
occupied until we get a search warrant.

Isn't it awful? That poor little girl.
Mark has been so upset.

Could you tell him we're here?

Oh, I'm so sorry, he called in
from the field after you called

and he said he really
wants to talk with you.

He's not here?

No, he's not here at the moment.
He said something came up

and he just has to swing by
his apartment on the way in.

What time did you
speak with him?

About half an hour ago.

Something wrong?

Hey look, man, that's what you said five minutes ago.
We need that warrant now.

Thank you.

There's been some kind of glitch.
They're trying to track it down.

Hey, why don't you guys wait outside
until you get your warrant?

I guess we won't have to.

Too late.

Thanks.

You forget something,
Morriston?

I don't see a warrant.

It'll be here in a minute.

It is my understanding
that "in a minute"

and "right now" are
two entirely different things.

Excuse me.

COP: Lennie.

You got some tweezers,
lover boy?

What we'd love to have happen here,
Morriston, just as a sideline,

is you tell us where
Beth Fazekas ended up.

Her mother's a nice lady, maybe
you'd like to help her out.

I don't know where Beth is.

How did I know
you were gonna say that?

ED: Lennie,

look what was in the
crawlspace above the closet.

Labels say
"Surefire Security."

You one of those psychos
who collects trophies?

JACK: The only deal
on the table

is a plea of guilty to the
top count of the indictment.

Your indignation is based on fuzzy tapes
showing a man who could be anybody.

CARMICHAEL: Tapes that were
recovered from his apartment.

The video shows Mr. Morriston
leading four people to their death.

And the police found the lntelli-mate
report in his desk at his office.

A desk to which 40 people
have unfettered access.

RICHARD: I don't blame you.

I know how this looks, but I
didn't kill those people.

It's gonna take more than a
smarmy imitation of sincerity

to explain away those tapes.

LYMAN: Coincidentally,

motion to suppress the tapes and
anything else found in his apartment.

Your legal theory being?

Your detectives seized
Mr. Morriston's apartment

prior to the issuance
of a valid search warrant.

A toothpick?
What were they thinking?

Jack, what were they
supposed to do?

Let Morriston into his apartment, burn
the tapes, throw them out the window?

In about an hour, they will be thrown
out the window by Judge Bradley.

It's only because of those tapes
that we know what really happened.

Too bad the jury won't.

At least we have the necklace. And
we know he's lying about his alibi.

Morriston claimed he was showing
an apartment at Carrington House

when the murders took place.

But now we know where he was.
Tapes put him at the crime scene.

But if Jack's right, we're the
only ones who'll ever know.

If we can't prove where he was, we'd damn
well better be able to prove where he wasn't.

You go over his alibi again. Let's
account for every minute of his day.

I'll go wrangle
with Judge Bradley.

The insertion of the toothpick

constituted an unlawful seizure
of my client's apartment.

Mr. Lyman's desperation
is showing, Your Honor,

because that videotape irrefutably
shows his client's guilt.

The detectives were merely securing the
premises while awaiting the warrant.

They had no right to secure the
premises prior to its arrival.

If they hadn't, his client
would have destroyed evidence.

Are you arguing there were exigent
circumstances, Counselor?

Certainly there was exigency.

The defendant has a history of
wriggling out of damaging situations.

People v. Calder.

Unless the police believed there was an
imminent risk of bodily harm to another,

they clearly
violated procedure.

Your honor, the arrival of Mr. Morriston
and the arrival of the warrant

were virtually simultaneous.

I understand the People have
powerful evidence, Mr. McCoy,

but there's no way around
the Fourth Amendment here.

The tapes are out.

For God's sake judge,
did you watch them?

I did not.

I knew I had to exclude them.

I didn't want them
to taint my objectivity.

Landry, Morriston,
whatever the hell his name is

he certainly wasn't at Carrington
House when we were there.

And what time was that?

We got there
a little after 5:00.

Your appointment with him
was for 4:30?

We're busy people,
Ms. Carmichael,

I mean, he was working for us,
he should've waited.

Okay. So you talked
to him later?

Yes. He said
he waited for 30 minutes,

then went to do something
else and came back later.

Obviously, after we left.

When was that?

It was 5:20.

We waited for 15 minutes.

CARMICHAEL: The doorman at
the Carrington House said

that Morriston showed up one late
afternoon in November carrying a gym bag.

JACK: Can't pin down the date?

CARMICHAEL: No but he
said it's the only time

he's ever seen Morriston carrying
anything but a briefcase.

So Morriston made the
appointment for 4:30,

thinking he'd have an hour and
a half to kill those people,

grab some jewels and still
make his appointment.

But Gail Churchill wasn't where she was
supposed to be, he had to wait for her.

And then he
put in an appearance

at Carrington House
just to cover himself,

if that was the day
he carried the gym bag.

Well, it had to be, Jack. He had to
have some way of carrying the gun

and the jewels
out of the store.

Is the apartment Morriston was
supposed to show still empty?

The new owners are doing some
remodeling before they move in.

The workers start on Thursday.

Make sure Briscoe and Green
have warrant in hand this time.

And no toothpicks.

My maintenance people say
Mr. Landry was in this apartment

at least four times between November
12th and the date he became,

unavailable for further visits.

Did Landry have access
to any other empty apartments?

This is the only one
he was showing at the time.

Power switched off?

When the apartments
are vacant, yes.

What if a realtor wants to
show this place at night?

Where'd you find it?

They were hidden
in a locked electrical room.

The manager says
Morriston had a key.

Hey, guys, how much law school did
Morriston have before he dropped out?

JACK: Why?

I have both a statutory and a constitutional
right to represent myself, Judge.

I advise you against this course
of action, Mr. Morriston.

The standard is a knowing,
voluntary and intelligent waiver

of the right to counsel.

I'm exercising it.

I don't want his conviction overturned
because of inadequate representation.

The defendant is within
his rights, Mr. McCoy.

I request you appoint Mr. Lyman
as his legal advisor.

Mr. Morriston?

It's fine with me, Your Honor.

Then, if there's
nothing else...

RICHARD:
I'd like to request bail.

Mr. Lyman should've made
application for bail

after the tapes were excluded
based on changed circumstances.

The man is a vicious predator
and he's a flight risk.

Mr. Morriston has lived in
New York for three years,

he has close ties with the community, he has
a job to go back to after he is acquitted.

Your Honor...

There is no basis
for denying bail.

Don't try to tell me
my job, Mr. Morriston.

You either, Mr. McCoy.

Bail for this defendant is set
in the amount of $1 million.

Your Honor, one more thing,

I move to suppress the necklace
and my prior arrest record.

The necklace has
no bearing on this case.

That's absurd. Gail Churchill's discovery
of the circumstances of the necklace

provides the defendant
with motive.

I agree with the People on the necklace.
It is inextricably linked to this case.

As for the fraud conviction,

I'll let the conviction come in,
Mr. McCoy, but not its underlying facts.

Your Honor...

That's enough, Mr. Morriston.
You have atrial to prepare for.

JACK: This will be a difficult
time for all of you.

You'll be asked to examine horrifying
photographs of a savage crime.

You'll be asked
to confront the fact

that this well-dressed,
soft-spoken defendant

is capable
of terrible barbarity.

The state of New York appreciates
your putting your own lives on hold

in order to seek justice for the four
victims of Mr. Morriston's butchery.

I agree with Mr. McCoy.

These victims
cry out for justice

and I'm grateful that the state
of New York has the resources

to avenge these
terrible killings.

My girlfriend

and her sweet little daughter.

Mr. and Mrs. Bennett, a lovely
couple, who never harmed a soul.

Justice demands condemnation of the guilty,
not the sacrifice of the innocent.

And I stand here before you,

an innocent man.

I ask you please,

please pay close attention
to Mr. McCoy's case

and decide whether you see one shred
of evidence that proves my guilt.

The rest of my life
is in your hands.

Thank you.

HERRICK: The spatter
patterns were clear.

Mr. Bennett was shot first,

Mrs. Bennett second, then Mrs. Churchill
and finally the little girl.

Could you describe
the child's wounds?

Objection, Your Honor,
this is clearly...

Mr. Morriston, it's customary to
stand when addressing the court.

I think...
Yes, sir, I apologize.

I think Mr. McCoy is attempting
to prejudice the jury.

The jury can't render a verdict unless it's
made aware of the nature of the crime.

These are intelligent,
sensitive people.

You're forcing them to dwell
on the horror of this carnage.

Mr. Morriston, please address your remarks
to the court, not to opposing counsel.

And keep your voice down.

I'm sorry, sir, I didn't know.

Now you do. The witness
may answer the question.

Ellie Churchill sustained a
single gunshot wound to the back.

It perforated her heart.
Death was instantaneous.

Thank you.

Nothing further.

Mr. Morriston?

Your Honor, there's no debate that
the victims are horribly dead.

I'm not sure what to ask.

Mr. Lyman?

In your examination of the bodies,
did you find any forensic evidence

that enabled you to determine
the identity of the killer?

HERRICK: I did not.

LYMAN: Thank you.

JUDGE: Mr. Morriston, do you
have any further questions?

No, I'm through, Your Honor.

There is more flirting going on in there
than at spring break on Padre Island.

That's how Mr. Morriston's gotten
through life, by turning on the charm.

Well, shouldn't we
notify Judge Bradley?

I need something more tangible.

See if Lieutenant Van Buren
can spare the manpower

to keep tabs on him
when he's not in court.

Beth disappeared
on October 3rd, 1994.

She'd asked me if she could use our
house outside Provo for a few days.

The police told us
she never made it there.

Did Beth say
she'd be going by herself?

Yes, she said she wanted to be alone
to think some things through.

JACK:
Did she say what things?

She said she didn't want
to talk about it yet.

I got the impression that things
weren't going well with Richard.

Objection, speculative.

JUDGE: Sustained.

People's four, Your Honor.

This is the photograph of the
defendant with Gail Churchill.

Have you seen
this photograph before?

Yes. The New York police
showed it to me.

I told them this necklace
was my daughter's.

Do you know how it went from your
daughter's possession to Ms. Churchill's?

LYMAN: Objection.
Calls for speculation.

Sustained.

I have nothing further.

Mary, you know me.

You know how I felt about Beth, you
can't think I'd have harmed her.

Does Mr. Morriston have
a question for this witness

he'd like to share
with the rest of us?

JUDGE: Mr. Morriston, speak
so the court can hear you.

When Beth disappeared,
what was my reaction?

You pretended to be frantic.

LYMAN: Your Honor...

JUDGE: Mrs. Fazekas,
your opinions and intuitions

can form no part
of these proceedings.

Please stick to the facts.

Mr. Morriston?

I can't do this.

JUDGE: Would you like
Mr. Lyman to take over?

No, sir, I'd rather not put this
lady through any more of this.

No further questions.

Do you recognize these items?

Yes. That's the murder weapon and that's the
merchandise taken from Bennett jewelry.

Where did you recover them?

They were hidden in an electrical room
on the 10th floor of Carrington House.

The apartment Mr. Morriston was supposed
to show that day what floor was it on?

Ten.

Thank you, Detective.
Nothing further.

Were my fingerprints on any of
these items that you found?

The evidence indicated
the killer wore gloves.

RICHARD: I'm sorry, Detective.

I believe that that was
a yes or no question.

JUDGE: Yes or no, Detective.

(SIGHS) No.

Did you try and link me with the gun?
Yes or no?

BRISCOE: Yes.

And were you successful?
Yes or no?

No.

Thank you.

RICHARD: Detective Briscoe,

when you and your partner
talked to me after the murders,

did you ask me where I was on
the afternoon of the 12th?

Yes. You said you were showing an
apartment at Carrington House.

Thank you.

That's all. Nothing further.

(WHISPERING INAUDIBLY)

Approach, Your Honor?

JUDGE: Mr. Morriston.

My opinion, we have a serious
problem with juror number one.

Send the jury out.

I will see the rest of you
in my chambers in one hour.

Judge Bradley, he's flirting
with the jury foreperson

and she's flirting with him.

Your Honor, I was simply addressing the jury.
Is that wrong?

So, what do you suggest, Mr. McCoy? I
can't order the jury to wear blindfolds.

The People request you remove juror
number one and seat an alternate.

JUDGE: On what grounds?

Do you have any evidence

the defendant is improperly
influencing members of this jury?

He's contacting them
outside of the court?

That he's offering them
inducements?

I believe there's a considerable
amount of unspoken communication

going on between
the two of them.

Mr. McCoy, I'm afraid I'll need a lot more
than that to remove a juror mid-trial.

People's request denied.

Mr. Morriston, this court
is not a singles bar.

You will conduct yourself
with the proper decorum.

There is no margin of error
in the process, Mr. McCoy.

The Gemprint system
is as accurate as DNA.

So your testimony is that the necklace
registered by Mr. Fazekas in Utah,

is the same necklace Gail
Churchill registered in New York?

Yes, sir.

Thank you.
I have nothing further.

Is it your understanding that DNA is an
infallible identification technique?

Pretty close.

So, when you compare
your technique to DNA

you're saying that Gemprint comes
"pretty close" to being accurate?

That's not what I said.

That's what some of us heard.

Um...

No more questions.
Thank you.

Mr. McCoy.

The People rest, Your Honor.

Is the defense ready
to proceed with its case?

Yes, sir,
we call Annette Perry.

Your Honor...

There's no such name
on the witness list.

Mr. Lyman?

Mr. Morisston informed me only today, Your Honor.
Ms. Perry is an alibi witness.

If the defendant has an alibi witness, the
People have a right to statutory notice.

You have 48 hours
to check out the witness.

(GAVEL BANGING)

Annette Perry is the receptionist at the
realty company where Morriston works.

According to several of her co-workers,
she's had the hots for Morriston,

who, up until now, has
shown zero interest in her.

What kind of interest
is he showing now?

Well, according to the cops,
he's had dinner at her apartment

twice in the past couple of days,
each time he stayed several hours.

Track down Judge Bradley

and have the cops find out where
Ms. Perry really was that afternoon.

They're already on it.

Putting this woman on the stand
amounts to suborning perjury.

Judge, there's nothing to say
the witness is lying.

The tapes say it.

The tapes aren't part
of the evidence.

Mr. Morriston is with Ms. Perry every
night of the week, Your Honor.

How do you know that?

I instructed the police
to keep tabs on him.

We think he's a flight risk

and his inappropriate behavior towards the
jury may extend beyond the courtroom.

Since Mr. Morriston
is acting pro se,

having him followed is tantamount
to intimidating counsel, Mr. McCoy.

Call off the dogs.

Mr. Morriston, you do understand
what suborning perjury means?

Ms. Perry can prove that I did not
commit the crime, Your Honor,

you can't refuse
to let her testify.

JACK: She's on the stand,
Mr. Morriston,

feeding her leading questions.

You think I'm
some kind of Svengali?

Fine. Let Mr. Lyman
question her.

I'll sit in my seat
and not say a word.

JUDGE: Mr. McCoy?

Still clearly perjury,
Your Honor.

He has a right to
an alibi witness, Mr. McCoy.

Send in the jury.

Do you remember where you were the
afternoon of November 12th of last year?

I was with him.

He was showing me
around Carrington House.

I told him how much I would love to see
inside a famous building like that,

and he was nice enough
to show it to me.

What time did you and
he arrive at Carrington House?

We got there a little after
3:00 and left around 5:30.

Did the defendant ask you
to come here and lie for him?

He wouldn't do that.

Thank you, Ms. Perry,
that'll be all.

Are you in love with the
defendant, Ms. Perry?

Objection, relevance.

It's obvious, Your Honor.

JUDGE: Overruled.
Go ahead, Mr. McCoy.

Ms. Perry?

We have a strictly
professional relationship.

Have you had dinner
with Mr. Morriston recently?

Just the two of you?

Yes, several times.

Where?

In my apartment.

JACK: And these meetings
were strictly professional?

PERRY: Yes, sir, they were.

JACK: What was the business

you and Mr. Morriston had with
each other on these occasions?

He was helping me study
for my real estate exam.

And he was doing this out
of the goodness of his heart?

Yes. He's a very generous,
thoughtful person.

I told him it could wait until
after the trial, but he insisted.

JACK: Where were you on
November the 12th, Ms. Perry?

Objection. Asked
and answered, Your Honor.

JUDGE: Sustained.

Are you aware of
the penalty for perjury?

LYMAN: Objection.
Mr. McCoy?

Nothing further.

LYMAN: Richard,

I would like to take you
through Mr. McCoy's case,

and I would like you to
address the jury directly.

If you were already
at Carrington House,

why didn't you keep
your 4:30 appointment?

Annette was having such a good time I
hated to cut it short and disappoint her.

I can reschedule
an appointment at any time.

Did you ask Annette Perry
to lie for you?

No, I did not.

Now, about the gun
and the jewels.

Do you have any explanation as to why
they were found at Carrington House?

Well, I don't know
that they were, Mr. Lyman.

I only know that the police
say that they were.

Richard,

did you kill
any of these people?

Adam and Corinne Bennett?

No, I did not.

Gail Churchill?

God, no.

Ellie Churchill?

No.

Thank you, Richard.

I notice Mr. Lyman didn't ask you
about the report from Intelli-mate

that was found in your office.

Is that because you're having
trouble coming up with a lie

that covers that circumstance?

LYMAN: Objection.
JUDGE: Sustained.

Watch your step,
Mr. McCoy.

How did that report
come into your possession?

I don't know, Mr. McCoy.

Perhaps the police
planted that, too?

That would explain it.

Did the Denver police plant the evidence
that led to your fraud conviction there?

Objection.

Overruled,
the witness will answer.

I don't think they framed me, I
think they just made a mistake.

You're asking this jury to believe
that New York police framed you,

the Denver police
are incompetent

and that Beth Fazekas's necklace wound
up in your possession by coincidence.

I don't have any other
explanations, Mr. McCoy.

Twenty-four hours after Gail Churchill
found out whose necklace you gave her,

she was dead.

Are you asking this jury to believe
that those two events are unrelated?

You can pile up coincidences, Mr. McCoy,
you can slather on the sarcasm,

but you will not get me
to say that I killed anybody.

Because I did not.

Don't you think your lies
amount to a confession?

LYMAN: Objection.

JUDGE: Sustained.
Rephrase, Mr. McCoy.

Withdrawn.

Based on your note,
Madam Foreperson,

I see you are still
unable to reach a verdict.

Is that correct?

Yes, Your Honor.

I also understand that further
deliberation would be pointless.

Is that correct?

Yes, Your Honor.

Thank you. Thank you
for seeing through the lies...

(GAVEL BANGING)

Quiet, Mr. Morriston.

Counselors, based on that record, I have
no choice but to declare a mistrial.

Ladies and gentlemen,
you're excused.

(GAVEL BANGING)

How far are we from going
to trial on the serial rapist?

The defense just asked
for their third continuance

and Lewin wants me
to give it to them.

Well, we're about to get buried
on our car-jacking friend.

What can I do?

(KNOCKING ON DOOR)

Can I talk to you?

Come in.

I think I made
a terrible mistake.

He did it, didn't he?

Yeah. He did it.

Why exactly are you here,
Ms. Gibbons?

I'm afraid I may have used undue
influence as the foreperson.

HOW?

I used my position to keep pushing
for a not guilty verdict.

Why did you do that?

I thought he was innocent.

I thought we had this
magical connection.

That he was this
once-in-a-lifetime soul mate.

You thought all that without
ever actually speaking to him?

Unless you did.

We went out to dinner.

When?

During the trial.

(SIGHS)

After the police
stopped following him.

We didn't talk about
the case at all.

We talked about ourselves.

He listened to me.

He was interested in
whatever I had to say.

How long after the trial
did he dump you?

Two days.

Are you willing to
say this under oath?

Yeah.
He killed a child.

I'll do anything
you want me to do.

So, we retry him for homicide
and add jury tampering.

An A misdemeanor.

(CELL PHONE RINGING)

His lawyer will maintain it's just
the revenge of a woman scorned.

We're not gonna convict this
guy of anything, are we?

I don't think so.
I think this one walks.

We'll be right there.

Not this time.

BRISCOE: She's washing the dishes,
she's got the water running,

he comes up behind her, wraps this
around her neck, she stabs him.

CARMICHAEL: So, is that
what happened, Carol?

CAROL: Yes.

So he snuck up behind you?

Is that when you reached
for the shears?

Yes.

Okay.

Marks on her neck
consistent with that?

Looks like it.

Is she a collar?

Wrap it up...