Law & Order (1990–2010): Season 20, Episode 9 - For the Defense - full transcript

The DA's office discovers that a former prosecutor now working as a defense attorney has been getting damaging witnesses in his trials killed, and that Rubirosa was unknowingly a co-conspirator in one of his cases.

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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.

The evidence will clearly show
that William Avery and Taryn Murdock

were illicit lovers who
conspired together

to murder Mrs. Murdock's
husband and collect his insurance.

You will hear from a witness who
sold Mr. Avery the murder weapon.

You will also hear from
Mr. Avery's former girlfriend,

to whom he drunkenly
bragged of his plan



to get rich by killing, quote, "Some
rich old guy who was too dumb to live."

It will be your duty to send
him and his accomplice to prison

so we will all be safe
from their lethal stupidity.

Defense reserves its opening.

Very well.

The People may
call their first witness.

Is there a problem,
Mr. Cavanaugh?

Umm...

She's not here, Your Honor.

Front desk says that she's
been a guest here for a week,

but I didn't see
her until today.

She comes out, I ask
her if she needs a cab,

all of a sudden a blue Audi,
it was parked right over there,

starts up, drives over,
and just starts shooting.



You know? Bang,
bang, bang, bang.

She goes down, the car
takes off around the corner.

You catch a plate?
Yeah. It was New York.

I missed the last
couple numbers, though.

Sorry. Okay. Thanks.

She took one to the
face, one to the body.

Shooter got a pigeon, too.

Yeah... Two shell casings, .45's,
there might be some more around.

Detective? Ah, thanks.

Maggie Hayes.
Address in the Bronx.

So why was she staying here?

Max Cavanaugh. Manhattan D.A.

You're a little early. I don't think
we're ready to arrest anybody yet.

She was supposed
to testify for me today.

Murder case.

So she's staying here
to hide from somebody.

Her ex-boyfriend's one of the
defendants, made some crazy threats.

She lived and worked in
the Bronx so we figured

putting her in Manhattan
was good enough.

This doesn't do
my case any good.

Sorry about that.

Her ex, any way he would
know she was staying here?

I told her not to tell anyone.

Maybe a little birdie told him.

Maggie was crazy, man.

She partied hard,
got high, gambled.

There was this bar in Greenpoint
she would hang out at after work.

I'd meet her there, see her
with a whole lot of lowlifes.

That's why I broke up with her.

Because you
disapproved of her lifestyle.

That why you said,
after you were arrested,

that you'd "Kill
her skanky ass"?

That was an
emotional day for me.

Mr. Avery and I are as shocked
as anyone by this tragic death.

Happier than most though, I bet.

Maggie was going to
finger you as a killer, Will.

I didn't have nothing
to do with this.

Just like you didn't have anything to
do with the murder you're on trial for.

We're not here to talk
about his current trial,

which, by the way, he was
attending when Ms. Hayes was killed.

I'm no detective, but that seems
to me like a pretty good alibi.

Mmm.

Yeah? Umm...

RTCC ran your
partial license plate?

A hundred...

Good sandwich, Loo?

I got my appetite back for
the first time in six weeks.

I'm taking advantage. Here.

Now, there are a hundred
possible matches for the plate,

not one is an Audi, so...

The doorman either got the
make wrong, or the number.

What do you have?

Uh, well, William Avery's
told us he used to meet

Maggie Hayes after work
at a bar in Greenpoint.

According to the case D.A.,
Maggie worked in the Bronx.

Well, that's a long
way from Greenpoint.

That bar must have
one hell of a happy hour.

Or Maggie lied to the D.A.

Her employer of record was
a payroll service in the Bronx

but she actually worked at
Amstrad Shipping, in Brooklyn.

Shipping. There are
docks in Greenpoint.

Ooh, and there is
this bakery down there

that makes an
amazing key lime pie.

We're on it.

I still can't believe it.

When I heard about Maggie...

You knew her pretty
well, Ms. Regan?

Uh, Paige. We ran
the office together.

Maggie was really... Lively.

Mr. Rainey, these
are detectives.

Hello, Bart Rainey.

You're here about Maggie?

It was that scumbag
boyfriend, wasn't it?

You heard about that?

Well, I knew she was
testifying against him.

I knew she was scared. She
took off from here, disappeared.

You didn't know where she was?

Nobody did.

Well, somebody did.

She didn't tell me.

Mr. Rainey, what, uh,
kind of business is this?

Uh, we export used
cars to Latin America.

They love them down there.

Well, looks like
business is kind of slow.

A shipment just went out.

Uh, the recession's
actually a good time for us.

Three-car families cutting
down to two, you know?

'95 Eddie Bauer Bronco, right?

I used to have one of these in
college. V-8, Skyjacker lift kit...

Is it for sale?

Only if you can do better
than 35,000 Argentinean pesos.

How much is that? 9 grand.

Told you. They love
them down there.

I'll check my piggy
bank. Thanks, guys.

You get the numbers? Yep.

Think I fooled him? Nope.

We ran the Bronco's plate.

It's supposed to be on a Miata.

Mismatched plates. Just like the
blue Audi the shooter was driving.

So maybe our doorman
wasn't wrong after all.

Yeah, we did a little digging.

Turns out the feds have
Mr. Rainey on their radar

as an associate of
the Pantano family.

Loan sharking, extortion...

And now exporting stolen
cars to Latin America?

Well, not exactly.

We ran the Bronco's VIN.

It was turned in under the
Cash for Clunkers program.

So it was supposed
to be destroyed.

Yeah, it got a reprieve. It's
going to Buenos Aires instead.

Yeah, whole point was to get
these gas guzzlers off our streets.

Mr. Rainey figured out a way
to put 'em on somebody else's.

That's creative.

Ozone gets messed up down there,

it's still going to bite us
in the ass up here, right?

Could be Rainey was worried
Maggie Hayes would spill the beans.

He knew she was
talking to cops and D.A.s.

But he said he didn't know
where she was staying?

Not a clue.

And he wouldn't lie, right?

Check the hotel's
surveillance video.

Thanks.

There. She's
getting dinner again.

Yeah. That's Tuesday night.

She had spaghetti carbonara
and German chocolate cake.

Hmm...

No visitors. She never went out.

She watched a
lot of pay-per-view.

And room service
three times a day.

Looks like that guy's getting
some room service, too.

Hey, hold up. Slow it down.

Is that Rainey?

Slow it up.

Not exactly.

Paige Regan. Maggie's
friend from the office,

who didn't know
where Maggie was.

Yeah. Liar, liar, pants on fire.

Ms. Regan.

Oh. Hey, uh, Mr. Rainey's
still inside if you want to talk to...

Actually, we're
here to talk to you.

Well, I told you
everything I know.

Like, for example, you had no
idea where Maggie was hiding.

Look, I have a boyfriend.

The thing with Maggie, it
was kind of on the down low.

How did Maggie feel about that?

You maybe have
a lovers' quarrel?

No. My God. Look...

She was lonely in that
hotel so she called me.

We can check your phone records,
Ms. Regan, and see who called who.

Who else knew Maggie was there?

Did you tell your boss?

Mr. Rainey? Yes, Mr. Rainey.

And did he ever drive
a blue Audi, by the way?

I don't know. Why?

That's what Maggie's
killer was driving.

Oh God. I can't talk to you.

I have to go.

She kept looking
at the warehouse

like Rainey was going
to come out and bite her.

With a .45.

She knows it was him. She also knows
what happens to people who talk about him.

So we have a witness,
but she won't talk.

What about the famous blue Audi?

It's on the MV Herman Melville.

It's a cargo ship.

It took on 87 cars
from Amstrad Shipping

a few hours after the murder.

Among them, a 1999
Audi A6. Color, blue.

Where is it now?

In the Caribbean. A day
out of Barranquilla, Colombia.

You want us to hop down there?
It's getting a little chilly around here.

Save your sun block.

NYPD Intel has a
detective in Bogota.

I'll get you a sweater.

We found the Audi.
It's our murder car.

And it's in South America?

In the personal custody of
NYPD Detective Kevin Dolan.

Colombian authorities
seized it at his request.

He searched it and found a .45
caliber shell casing under a floor mat.

He uploaded it into
ATF's e-trace system.

It matches the shell
casings at the crime scene.

So now all we have to do is put Bart Rainey
in that car at the time of the murder?

We think we have
someone who can do that.

That would be the victim's lesbian
lover who's too scared to testify?

We were thinking we could
make her too scared not to.

This is the ship's manifest.

Look at the signature.

"Paige Regan."

So Ms. Regan is on the
hook for grand larceny,

not to mention
enterprise corruption.

Falsifying business
records and fraud.

That adds up to about 75 years.
Unless you tell us what you know.

He'll kill me.

Rainey? Like he killed Maggie?

Have a seat.

He told me to find
out where she was.

He said he had to
see her about some...

Problem with the books.

And I... I believed him.

I called her up and made a date.

I wanted to see her anyway.

So you told Rainey
where she was.

The next day, when
Maggie was killed,

I thought it was
her old boyfriend.

That's what I told myself.

Then you told me
about the blue car.

Rainey drove it that afternoon.

The afternoon that
Maggie was shot.

There's a lawyer out there who
says he represents Ms. Regan.

I said I'd see if there was
anyone in here by that name.

I didn't send for a lawyer.

Wait here.

You remember Mr. Woll.

Sure, heroic lawyer of
the Mexican drug cartel.

He said he understood
there was a Paige Regan here.

Really? How did
you understand that?

She didn't come to work today.

Her employer was concerned.
He called her apartment

and her roommate said
the police had taken her.

Her employer. Mr. Rainey?

That's right. Is she here?

Mr. Rainey must have
gotten some bad information.

Well, then.

Sorry to bother you.

He's probably going right
back to Rainey to report.

Yeah, well, we could
have asked him for a ride.

I could have given you a ride.

Another time.

Stand up. You're under arrest
for the murder of Maggie Hayes.

Whatever Paige
told you, she's lying.

You have the right
to remain silent.

You have the
right to an attorney.

Yeah, we've got
that covered, thanks.

Okay, Mr. Woll, what do we have?

A flagrant abuse of
prosecutorial power, Your Honor.

Again? Not like when
you were a D.A., huh?

I'm afraid those
golden days are gone.

A motion to suppress all evidence
found inside a blue Audi automobile.

This automobile was searched
in Colombia, South America?

Under a judicial order obtained
from a competent local authority.

Any such order is tainted. That
entire country is irredeemably corrupt.

Mr. Woll may be generalizing
from the Latin Americans

he hangs out with, Your Honor.

But there's no evidence
of corruption in this case.

An NYPD detective was
involved every step of the way.

We have his affidavit and
can fly him up to testify.

Unless you have something
specific, Mr. Woll, the motion is denied.

Win some, lose some, eh, guys?

I guess I'll just have to beat
you the old-fashioned way.

Nice to see you
again, too, Marcus.

Frankly, Mike, you
I can take or leave,

but Connie... When are you
going to leave these bureaucrats

and come work for my firm?

Oh, I really couldn't say.

Ooh, heartbreaker.

Hey, look, I know
you're not obligated,

but I'd love to get a
pre-trial peek at your witness,

Ms. Regan. Just
ask a few questions.

Your setting, your
ground rules...

No offense, but the last time you
beat us "the old-fashioned way,"

it was because our
main witness was terrified

out of testifying by the
murder of one of his friends.

You can peek at Ms. Regan all
you want when she takes the stand.

ANNOUNCER ON
TV: Down the left side...

Gin.

I hate this stupid game.

What happens to
me after the trial?

Well, the D.A.
looks at the situation.

If Rainey was convicted or not?
Is he still a threat to you or not?

Are you going to move me to
some little town in North Dakota?

I don't know how to grow wheat.

Speaking of nature, excuse me.

Does he have a girlfriend?

I thought you had a girlfriend.

Hey. I got it.

How we doing?

Great.

I need to go over a few things
with Ms. Regan about her testimony.

Go nuts.

How are you doing?

I've gained seven pounds.

Want some ice cream?

You're doing the
right thing, Paige.

Do you mind if I
turn this TV down?

Room service.

Whoa, whoa. Wait, wait, wait!

It's just room service.

No, no, no! Wait, wait. Hey!

Whoa!

Hey! You hit? Go!

Police! Down! Get down!

Police! Stay down!

Where are we going?
A different hotel.

Wait. No. Why?

For one thing, it's obviously
not safe for you here.

No. I want to get out of town.

Look, no one will know
where we're taking you.

No one was supposed
to know I was here.

Take me to the Port
Authority, or I'll walk.

How much more
dangerous can it be?

Get in the car. I'll take you
wherever you want. Okay?

Please.

Thank you.

Looks like I'm taking a drive.

Yeah... Shooting team
is waiting for me upstairs.

Are you okay?

Yeah.

Detective Lupo drove her
to her sister's in Watertown.

Will she come
back for the trial?

She says no.

We can try to convince her. Or
arrest her as a material witness.

Are you sure you're all right?

Yeah, I'm... I'm fine.

It all happened so fast I
barely knew what was going on.

Look, if you need
some time off...

I want to keep working.

What about the shooter?

He was a freelancer
from out of town.

We're still looking
for connections.

And he knew Paige Regan
was in that hotel, how?

We don't know. Nobody knew
except you and me and the detectives.

So now we all we need is another
witness who can tell us what Paige knew

about the murder of Maggie
Hayes, about Rainey's business,

about his being
in the murder car.

People aren't exactly lining
up to testify against him.

He kills one witness,
nearly kills another.

Did somebody tell Rainey
that Maggie was ratting him out?

Someone that might have
known that Rainey would kill her?

Somebody like William Avery?

It was certainly in his
interest for her to be killed.

So you think Avery
slipped word to Rainey

that Maggie was ratting him
out so that Rainey would kill her?

What do you think?

I think that's about 50 IQ
points too high for Will Avery.

He was convicted after the D.A. found
a video of himself he put on YouTube

waving the murder weapon around.

I, uh, tried to get it excluded.

Here's my motion.

So the D.A. didn't even need
Maggie Hayes' testimony?

It wouldn't have
helped him anyway.

I knew she worked for Rainey
and I know who Rainey is.

If she took the stand, I was
going to slam her on cross

with the fact that she
worked for a mobster.

You were going to expose
Rainey in open court?

She worked for a crook,
which made her a crook.

Her testimony would
have been worthless.

Did you mention
this plan to Rainey?

No.

This motion you filed...
it's quite a treatise.

Since when do you guys
at Legal Aid have the time?

I had an outside consultant.

A defense lawyer in private practice
volunteered to do some pro bono work.

Well, did he or she know that you
were planning to expose Bart Rainey?

I guess.

He used to work for you
guys, you probably know him.

Marcus Woll?

Every case this guy
touches, someone drops dead.

He got involved in
the Will Avery case

'cause he wanted to find
out what Maggie was saying.

When he learned her testimony was
going to mean trouble for Bart Rainey,

he reported back to Rainey.

Maggie got killed.

What about the attempt
to kill Paige Regan?

Rainey didn't need Woll to tell him
she was going to testify against him.

No. But he needed Woll
to tell him where to find her.

How would Woll know that?

When I worked with him,
when he was an A.D.A.,

we used a few hotels
to hide witnesses.

I used one of those
hotels to hide Paige.

So Woll told Rainey
where to look.

Woll's a serial killer,

and he used to work for us.

Apply for a warrant to bug his
conversations with Mr. Rainey.

You want to eavesdrop on an
attorney's conversations with his client?

When they're plotting
murders together,

that's an exception to the
attorney-client privilege.

Well, a situation like this, the probable
cause had better be pretty damn good.

I'm not seeing very much.

Well, that's because until
now Mr. Woll's criminal behavior

has been shielded by
attorney-client privilege.

Catch-22. I loved that book.

I'm still going to need
to see something more.

How'd it go with the judge?

I've been working in
this building for 17 years.

If someone goes to
a judge ex parte about

something that concerns
me, I hear about it.

False alarm, Marcus.

This had nothing
to do with you. Okay.

You know, when I was an
assistant district attorney,

I won 102 convictions.

I put an awful lot of people
in jail. You remember, Connie.

We only worked
together briefly. Right.

If word got around... Somehow...

That I was the kind of
lawyer who crossed the line.

That I was dirty.

How long do you think it
would be before 102 attorneys

popped up with 102 motions

to overturn every
one of my convictions?

Do you really have that kind
of spare time on your hands?

The balls on this
guy, blackmailing us.

It's pretty good blackmail, too.

Do we really want to deal with the
appeals from everybody Woll ever put away?

We're not going
to let a killer go free

because we're afraid
of a little paperwork.

On second thought... All
these are Woll's cases?

A sampling.

Okay, it's a nightmare.

Was he dirty when
he worked for us?

It's hard to say. There's
more than one defense witness

who didn't show up for trial.

Defense witnesses. The killer's
mother, his drug addict girlfriend

they tend not to have
perfect attendance records.

There was this case I worked with
Woll, like my first month on the job.

He convicted Alvin
Jackson of murder.

Alvin "Mad Dog"
Jackson, the drug lord.

That case made
Woll's reputation.

The defense had an eyewitness.
A pharmacist named Henry Lovett,

who swore someone
else committed the murder.

Well, Lovett never
showed up for the trial.

I wonder why.

"Lovett."

Oh.

What?

Two years after the trial, a decomposed
body turned up in a construction site.

Henry Lovett.

Two years after the trial
no one made the connection.

It might not be too
late. Call the police.

It was one of Eddie
Rice's boys who did it.

That pharmacist saw.
He would have cleared me.

Eddie Rice? Eddie Rice.

He wanted in on my territory.

But see, the police
didn't want to hear that,

and that guy who
prosecuted me, Woll,

he definitely
didn't want to hear.

Did you know the
pharmacist was dead?

Of course he's dead! Where you
think he's been for the last five years

on vacation in France?

Hmm, so Eddie
Rice got him killed

to protect himself and
have you sent away.

Yeah, now you're detecting.

It's too little too late.

Well, Eddie's dead, too.

My husband was
such a good citizen.

He had to tell the truth.

You really think you're going
to figure this out after five years?

I really think
we're going to try.

When was the last time
you saw your husband?

He was supposed to
testify on a Monday morning.

And on that Friday,

he saw some suspicious characters
hanging around the front of our building.

So my husband decided
to spend the weekend

with some cousins in
Queens, just to be safe.

He took a walk Sunday night.

He never came back.

And the fact that he was in
Queens. He kept that secret?

I mean that was the point.

I didn't tell anybody
where he was,

except someone from
the District Attorney's office.

They called and said they wanted
to arrange protection for him.

I thought that
would be all right.

Someone from the
District Attorney's office?

Do you remember who that was?

I wrote down the name.

This witness, Lovett, was
going to wreck Woll's big case.

But someone called the wife and
found out where Lovett was hiding.

And got word to Eddie Rice,
who had the witness killed.

It's the same MO, Woll's
done it over and over again.

Except Woll wasn't the
one who called the wife.

Then who?

Your partner.

Thanks.

I was helping five
lawyers with ten cases.

It was my first
month on the job.

I made a hundred phone calls.

So you didn't remember.

I didn't. But now I do.

Woll asked me to find
out where the witness was.

He said he wanted to talk
to him before he testified.

Not to offer protection?
That's what the widow said.

Woll told me to say that.

He said that she'd be more
likely to tell me where he was.

I got that man killed, didn't I?

No. Marcus Woll did that.

What do we have on him?

An accomplice,
Rainey. Maybe he'll roll.

My lawyer's not here
yet. I don't talk without him.

He wasn't invited.

Don't you guys know the rules?

You don't have to
say anything. Just nod.

You killed Maggie Hayes and
you tried to kill Paige Regan.

I ain't nodding to that.

You were aided and abetted
by your attorney, Mr. Woll.

Now you tell us about it and
there's a deal on the table.

You want me to roll on Marcus?

Why would I do that? Maggie's
dead and Paige is gone.

And I got a real good lawyer.

If you'll excuse me, it's
time for my massage.

Thank you, Mr. Rainey.

Okay, Woll kills or tries
to kill three witnesses.

The pattern is consistent but there's no
evidence, because he murders the evidence.

What if the pattern
is the evidence?

Legally, it isn't.
Well, usually not.

But if we get multiple murders

in front of a jury they
won't split legal hairs.

They'll convict.

Which is why no decent
judge would let it go to a jury.

A decent judge? So it's 50-50.

Thank you for joining us.

You have about 10 seconds
left to respond to Mr. Woll's motion

to dismiss the charge
against his client.

Do you have any
proffer of evidence?

Not at the moment, Your Honor.

Well, then you leave me
no choice but to order...

Marcus Woll, you're
under arrest for the murders

of Margaret Hayes
and Henry Lovett,

and the attempted
murder of Paige Regan.

Hang on. You've got
to be kidding me, right?

Nope.

Um, you were about
to rule, Your Honor?

I don't think this is the time.

My troubles shouldn't
be taken out on my client.

Now, if you were
going to dismiss...

Fair enough. Hold
it there, please.

The murder charge against Mr. Rainey
is dismissed, without prejudice.

You can bring it again if
you develop new evidence.

Thank you, Your Honor.

I'll have a motion on my
own behalf later today.

Yeah. Let's go.

The three crimes
charged span five years?

Mr. Woll is the common thread.

Are you alleging that he
conspired with Mr. Rainey?

Only on the two
more recent crimes.

You just dismissed
against Rainey.

How can my client have conspired
with someone who didn't do anything?

There's a pattern to
these crimes, a signature.

This alleged pattern
is all they have.

One charge bootstrapping
another. There's no evidence.

The arraignment judge
apparently agreed.

Your bail came quick and easy.

Mr. Cutter, this concatenation
does seem a stretch.

The indictment is a
bit cobbled together.

We'll amend it then,

to a single charge of conspiracy
to murder Henry Lovett.

Conspiracy with whom?

Some deceased drug dealer? A
person can't conspire with himself.

There is a co-conspirator
who's alive and willing

to cooperate with
the prosecution.

Oh... Who?

Me.

You're naming yourself
as a co-conspirator?

I am. I was one.

Then this hearing is adjourned
pending a superseding indictment.

Mr. Woll, your
bail is continued.

Ms. Rubirosa, I suggest
you retain counsel.

Connie, Connie... You
don't want to do this.

You saw what was happening.
That son of a bitch was about to skate.

So we'll find another way.

We don't need another
way. We have a way.

You too, Mike?

Me, too, what?

Oh, come on.
She's still hot as hell.

What are you talking about?

Just do it.

I did.

Woll claims that he and Connie
had a... Sexual relationship.

He did everything but
show me the dirty pictures.

Did you ask her? No.

Even that would
be crossing the line.

I don't have sex with
people I work with,

and I don't ask them
about their sex lives.

We're supposed to be smarter
than that here, aren't we?

I mean, who'd put themselves
in a situation like that?

You mean, besides me?

It's worse for a woman, Jack.

Sleeping with the teacher,
sleeping with the boss,

it demeans them.

Calls into question
everything they accomplish.

So she deserves extra credit
for stepping forward, doesn't she?

I assume you still
find her competent.

Of course, I do.

But we're colleagues,
we're not lovers.

The way it's supposed to be.

Yeah, you could say that me and
Eddie Rice were having problems.

Did those problems involve the illegal
distribution of marijuana and cocaine?

Yeah. That was my business,
and Eddie tried to take part of it.

And to prove his point, he
killed my second in command.

And what happened then?

I'd been in the papers, "Uptown
Drug Kingpin" stuff like that.

Mr. Woll there,
he came after me.

He prosecuted you for the
murder of your own lieutenant?

Oh, he got me, too. It made
a pretty nice little headline.

Well, did you try
to convince Mr. Woll

that he was prosecuting
the wrong person?

Oh, yeah. We even found him
a witness who saw it wasn't me,

and he was going to
testify. Until he got killed.

Thank you.

Mr. Jackson, you are currently serving
a prison sentence of 25-years-to-life

because you were tried and
convicted of murder, is that correct?

That's correct.

I think that's all
we need to know.

Now, the other side is going to
bring up your relationship with Woll.

I know.

And I'm wide open to ideas
on how to handle that one.

Jump into a time machine
and make it never happen?

I never would have thought.

What?

You and Woll?

It's life, Mike. Things happen.

It was dumb. You're not dumb.

Thank you.

You know, maybe someone
else should be handling this trial.

I'm afraid you're stuck with me.

Then we should
probably get back to work.

Okay... So how to deal with your
relationship with the defendant...

Tell the truth. Keep it brief, and
move the focus back to the crime.

Isn't that what you've taught me to
do when we have a damaged witness?

Yeah.

Give you a lift? I think we're
going to the same place.

No, thanks.

We're co-conspirators, Connie.

It seems only natural we
should spend time together.

Oh, on the day I'm going
to testify against you?

Are you planning to have
me shot, like the others?

You don't have to
go through with this.

It isn't going to
do you any good.

Marcus, you have no idea how
much good this is going to do me.

It's tragic, Connie.

You know, this whole thing
is breaking someone's heart.

Yours? I don't think so.

Not mine... Poor Mike Cutter.

He never realized
you were available.

Mr. Lovett was scheduled
to testify on Monday morning.

On Friday, Mr. Woll asked me

to call Mr. Lovett's wife and
find out where he was hiding.

He told me he wanted
to arrange an interview.

Is that what you
told Mrs. Lovett?

No.

At Mr. Woll's suggestion,

I told her we wanted to arrange
protection for her husband.

She told me where he was hiding,

and I passed that
information on to Mr. Woll.

And how did you spend the time

between Friday afternoon
and Monday morning?

Working on the
case with Mr. Woll.

These are my notes
from that weekend.

Do they show any effort by Mr. Woll
to arrange an interview with Mr. Lovett?

No.

So he asked you to find
Mr. Lovett so he could talk to him,

but after you found him
he never tried to talk to him.

No. He didn't.

Didn't that strike you
as odd at the time?

Especially after
he told you to lie?

It should have, but
there was a lot going on,

and when Mr. Lovett
didn't show up anyway,

it all seemed moot.

He didn't show up
because he was dead.

I didn't know that
then, but, yes.

What else did Mr. Woll
ask you to do that weekend?

To work on a draft of
his closing statement.

He wanted it ready
for Monday morning.

Monday morning?

Wasn't that when Mr. Lovett
was supposed to testify?

Yes.

So Mr. Woll almost seemed to know
that Mr. Lovett wasn't going to be there?

Objection. Leading the witness.

Sustained.

No further questions.

Ms. Rubirosa, you're
a district attorney,

but you have come
forward to identify yourself

as a co-conspirator in
the murder of Henry Lovett.

An unindicted co-conspirator.

So you have not
charged with a crime,

but you make it possible
to accuse Mr. Woll.

He couldn't be charged with conspiracy
unless there was someone he conspired with.

That's right.

Even for a hard-core prosecutor,
that's going the extra mile,

isn't it?

You really want to
get Mr. Woll, don't you?

No more than I want to
get any other murderer.

Really?

How many other accused
murderers have you slept with?

Objection. Relevance.

Withdrawn.

Ms. Rubirosa,

on that busy long-ago
weekend when you were

tracking down witnesses
and drafting summations,

did you also have
sex with Mr. Woll?

It might not be in
your notes there.

No.

Have you ever had
sex with Mr. Woll?

Once or twice, and
it was a mistake.

A mistake. Are you
making up for it now?

There's nothing to make up.

Really? How did the affair end?

I came to my senses.

You realized that you a
young, eager, new prosecutor

had been taken advantage
of by an older hand?

That wasn't it.

Really? Isn't this whole trial
a chance for you to get even?

There's nothing to get even for.

I'd practically
forgotten about it.

It wasn't that memorable.

She was busy and distracted.

I tried to contact Mr. Lovett
several times over that weekend.

I didn't realize I should have
made her put it in her notes.

Did you arrange to have
Mr. Lovett murdered?

No, of course, not.

I didn't even know he was
dead until this case arose.

I knew I wasn't Ms.
Rubirosa's favorite person,

but I really never
thought she'd go this far.

You think she's making it up?

No, I think she may
actually believe it.

That's what's really scary here.

Mr. Woll, I refer you to your
office and home phone records

for the weekend preceding
Mr. Lovett's disappearance.

Could you show us where it
indicates that you telephoned him?

It's not there. I may have wandered
down the hallway for privacy.

There are about 100
phones in the D.A.'s office.

But there are several calls
here to the home of Eddie Rice.

Did you call to tell him where
he could find and kill Mr. Lovett?

No. I don't exactly remember,

but if I called him it was probably
acting on the suggestion of the defendant's

to investigate another
theory of the crime.

The weekend before
your summation?

Wasn't that letting
it go pretty late?

We were still at trial.

Right.

You and Ms. Rubirosa,
who you think is delusional.

I don't know. I'm
not a psychiatrist.

Well, if she was
unstable even then,

maybe she called Eddie Rice and
told him where to find Henry Lovett.

I mean, she knew
where he was, right?

Why would she have done that?

To help you... To get you
what you wanted, a conviction.

Maybe she was in love with you.

I think at one point she was.

In that case, maybe you
two were in it together.

She wasn't an unwitting
co-conspirator but an equal partner

and she should be charged
here, right along with you.

No, nobody should be charged here
because nobody murdered anybody.

Well somebody
murdered Henry Lovett.

And no one knew where he
was except you and Ms. Rubirosa.

Okay, have it your
way. She did it.

I don't murder witnesses.

Is that a fact?

You ever hear of a woman named
Maggie Hayes? Or one named Paige Regan?

Objection. We are getting
beyond the scope of this trial,

and extremely prejudicial.

Mr. Woll opened the door by claiming
that he doesn't murder witnesses.

Indeed he did. The
objection is overruled.

Yes. I've heard of them.

Isn't it true

that Maggie Hayes and Paige Regan were
witnesses against your client, Bart Rainey,

and that one of
them was murdered,

and an attempt was
made to murder the other?

Your Honor, there's about
five different questions in there.

Then I'll make it very
simple for you then, Mr. Woll.

Why is it that witnesses
opposing your interests

have a consistent
habit of getting killed?

Your Honor... Withdrawn.

Now, let's begin by talking
about Maggie Hayes.

Cheesy, Cutter,

but you managed to get
your "pattern" in after all.

Jury went for it,
too, did you notice?

Drop this case and we'll
give you something real.

Well, I thought
this case was real.

By your own theory,
I never shot anybody.

I've never even carried a gun.

But Mr. Rainey has,
and Mr. Rainey did.

You'll give us Rainey?

Everything you need.
Murder and attempted murder.

Mr. Woll gets a walk. But
you get a stone-cold killer.

You know what?

I think I'd rather make the
deal with the stone-cold killer.

I'm sure Mr. Rainey will find
this very interesting listening.

We cut a deal with
Rainey for 12-to-14.

He gives us Woll on a platter.

They'll be together
in Attica. Charming.

The appeals for the people Woll
convicted are already coming in.

We'll have another
100 by the weekend.

You two will have to work
together day and night.

That won't be a
problem, will it?