Law & Order (1990–2010): Season 4, Episode 14 - Censure - full transcript
Detectives Briscoe and Logan investigate a series of threatening calls received by Dan and Janet Rudman on their home phone. The caller's voice is masked but the caller threatens to harm their young daughter unless he's paid $20,000. The police set a trap when the payoff is made and the pick-up man says he has no idea as to the identity of the man who hired him. He does have a make of car and recalls a unique decal on the windshield. With that the detectives believe the culprit is an Appellate Court judge, Joel Thayer. ADA Claire Kincaid begs Ben Stone to take her off the case but he sees no reason to. When the charges against Thayer are dropped, he files a complaint against Claire and she is formally censured. She admits they had once had an affair and resigns. Stone is convinced of Thayer's guilt and redoubles his efforts to find evidence against him.
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.
Definitely the Dior. Show
some flesh, break some hearts.
My ex is invited.
Good. Punish him.
Your delivery
man's a trusting soul.
Dan's ordering
from Cabela's again.
All those hunting outfits. Is he actually
ever going to step foot in the woods?
Laura, Mommy's home.
Auntie Sarrie's got
something for you.
She's probably in
the back with Olivia.
This is Miss Pinky,
her favorite doll.
Neighbor must have
found it on the walk.
Laura.
She's probably still at
the zoo with her class.
Yeah.
Olivia?
I remember trying to drag Susie
away from the elephant ride.
I remember that day.
Hmm.
Looks like you're out of
vodka. Gin okay? Yeah, sure.
Hi, honey, it's me. I'm
at the office. Call me.
How much the child
resembles the pretty doll.
So loving and trusting.
Did she enjoy the
animals at the zoo?
Does she miss her
doll, do you think?
Does she want her
mother now, do you think?
Call the school.
Come on.
Hi, this is Janet Rudman. Has
Olivia picked up Laura yet today?
Well, about when
was that? Thanks.
She picked her up over
two hours ago. Dial 911.
We're checking every route
between here and the school.
How long has Olivia
worked for you?
She's been with us for four
years. She's absolutely reliable.
Wasn't that fun? Laura.
Yeah, I can't wait to
tell Mommy and Daddy.
Oh, my God. Honey,
where have you been?
She saw Barney in the FAO Schwartz
window and she wouldn't leave...
until she said hello to
Barney. Is something wrong?
No. Everything's all right.
It's over.
My guess, it's not over for
the guy that made that call.
They're taught to hold hands, to
keep in sight of a teacher at all times.
Fine, did you see her
talking to anybody?
Twenty-two kids and I have to
explain why a leopard has spots.
I liked the polar
bears the best.
They have their own pool.
I didn't know bears
could swim, did you?
No, I didn't, honey. Did
Miss Pinky like the zoo?
She said she liked
the penguins the best.
But Miss Pinky was
bad. She got lost.
How'd she get lost?
I don't know. Maybe she went
with the man in the spaceman hat.
The spaceman hat?
It was shiny and silver. Like his
glasses. I could see myself in them.
Did you talk to this man?
He said he liked the monkeys
the best. He was a nice man.
After he finished talking
to you, what did he do?
He got on a silver bicycle.
Maybe I let him hold Miss Pinky.
I can't remember.
The kid wasn't scared.
Yeah, well, pedophiles
relate real well to kids.
Why did Laura talk to
this guy in the first place?
I mean, kids are supposed to know
better than to talk to absolute strangers.
You think she knew him?
Or he just seemed familiar, maybe.
Like if he knew Miss Pinky's name.
Pedophiles don't advertise
on answering machines.
He would have hit on her
long before he called mom.
This guy knew
Rudman's private number.
Knew their routine.
Maybe he knows mom.
Bicycle, mirrored glasses? No.
With most of our friends,
it's tennis or squash.
Well, besides them, who would
have access to your private number?
My husband has
over 300 employees.
Every one of them
could get that number.
All right, what
about this place?
We have 40 on staff.
Anybody been fired recently?
We had cutbacks
earlier this year.
Well, did any of them
take it particularly hard?
Everybody. But I don't
think anyone blamed me.
You know, I did
get a nasty note.
Ron Blocker in Acquisitions.
I don't know about glasses,
but he was into fitness.
Rode a bike to work every day.
Janet Rudman kept
her no-talent sycophants.
I got the axe.
Certainly I was miffed.
Just how miffed were you, Ronny?
I thought of suing.
I had a case.
It was clear discrimination.
So instead of getting a
lawyer, you sent a nasty note?
She told you about that?
So, Ronny, do you own a bicycle?
Owned a Mongoose.
Hey, those are
silver, aren't they?
Polished aluminum with full
suspension. Somebody stole it.
Let's talk a little bit about
your schedule last week.
Yeah, like Tuesday.
Were you out and about...
or did things around here keep
you busy all day by yourself?
Busy, yes. Here, no. Familiar
with the Kalmus Gallery?
Very successful
exhibition of my own works.
Black tie, very
chic, very intime.
Pity you couldn't
have been there.
But it was by invitation only.
Well, if this
doesn't check out...
we'll be sending
you an invitation, too.
Not very chic, but very intime.
Blocker's got a perfect alibi.
Fifty guests put him at his gallery from
dawn to dusk on the day of the zoo trip.
What about
Mr. Rudman's employees?
Any of them victims
of the recession?
They're all present and accounted
for. We checked his clients.
There's nothing there.
Mike, line two.
Thanks. Logan. Yeah.
When did it arrive?
Okay. Yeah. No.
Don't touch it. Thanks.
Janet Rudman just received
a package with a demand.
$20,000 or he takes the kid.
"11:00, tomorrow. Bethesda
Fountain, near the underpass.
"Bring $20,000.
No cops. No tricks."
It came through the mail
slot while we were out.
Olivia was upstairs.
She didn't hear anything.
It was wrapped around this.
It could have been then.
A turned head, a
moment's distraction.
She could be taken so easily.
She could be taken so easily.
Black sedan. Did you
make out the model?
She cannot go to Central
Park. Anything could happen.
What else can we do?
I cannot live with this.
Bethesda Fountain. Good
visibility, controlled access.
It'll be okay. We
can make it work.
If you read me, give
me a sign, Lennie.
Yes.
Please, yes.
Yes, I see it.
Trash basket, northwest corner.
Wait for it.
False alarm.
Follow him, Walsh.
On my command.
Go.
You have the right
to remain silent.
Anything you do say can and will
be used against you in a court of law.
Detective? Thanks.
Blanchard, John, 47.
No known address.
He pulled off a scam like this?
Dis con, fraudulent
accosting, jostling...
misdemeanor assault.
Mr. Blanchard seems to
be expanding his horizons.
Was it drugs? Don't tell
me. I don't want to know.
It's not about drugs,
Mr. Blanchard.
Hey, I was running
an errand anyway.
Yeah, so, now you're
a bonded messenger?
Look, a guy in Central
Park West, he's in a car.
He gives me $20 to pick up an envelope.
Says he can't do it. He's at a hydrant.
So, what did he
look like, this guy?
Andrew Jackson. I
looked at the $20, not him.
He was wearing wraparounds.
What were you supposed
to do with the envelope?
Take it back to
the guy in the car.
What did the car look like?
Big, four doors. I don't
know from models.
You know from color?
Black, big American
car. New, you know?
This guy was no bum.
Am I in trouble here?
You're starting to
dig your way out of it.
Give us some more about the car.
I don't know nothing else.
Don't screw up now, Blanchard.
I'm so close to believing you.
Wait, on the
window was a sticker.
What did it say?
It was a face turned sideways.
A profile? Like on a coin?
Yeah. A sideways
face, like on a nickel.
It could've been an Indian or
one of those Roman soldiers.
That ought to narrow it down.
A parking sticker for a club?
When I parked cars at the
Atwater, they had a pilgrim.
Hey, Lennie, here's one
for you. The Century Club.
"Serving the social needs of those
who have achieved their second century."
The emblem is a Roman centurion.
Over a hundred and they're
still mixing it up? Forget that one.
Look at that. The Pequot Club.
The symbol is the
profile of an Indian chief.
Let's try it.
This is good but I
prefer the thick crust.
We'll pass it on to the chef.
Hey, Blanchard, you
ever see this before?
Yeah. I think you got it.
Yes, we are members
of the Pequot Club.
I find it hard to believe that we've
been having dinner next to that...
creature on the phone.
Life can be full of surprises.
Now the DMV
computers spit out...
72 black sedans registered
to members of that club.
We've circled their names.
What reason would those people
possibly have for hurting us?
Now, here's the
Commissioner of Police.
Detectives, I think
you're clutching at straws.
Look, if you could
think of anybody...
and I mean anybody that
might have a grudge against you.
I don't care if it
was a poker debt.
Jeffrey Starke.
I put him into bonds. He was mad.
He felt he should have gone with T-bills.
He canceled his account,
but that was months ago.
The Starkes have been in
Tuscany since September.
Look, this is absurd. These
people are our friends.
All but one of them.
You get the feeling they don't
like us the closer we get to home?
Yeah, it was okay
when it was some skell.
But they don't like it when
it's one of their own circle.
Yo, yeah.
Okay. Tell them we're
gonna be right there.
Forensics got
something off the video.
Listen.
Hansom cab, Columbus
Circle. What do I win?
Could have been then.
The ambient noise is gone. This
part of the tape has been degaussed...
by direct overdubbing.
Could we have that
again in English?
I cut my teeth on
forty-fives and Fats Domino.
He laid the audio track in
after he shot the footage.
Today's home equipment's
very sophisticated.
Can you lift it off?
It could have been then.
A turned head, a
moment's distraction.
She could be taken so easily.
Almost human.
A moment's distraction.
She could be taken so easily.
That's as good as it's going
to get on the voice, gentlemen.
Can you play just the background
again, without the voice?
Mmm-hmm.
Some kind of a bell?
Six bells.
3:00 naval time.
He's got a naval clock.
Play it one more time.
And water lapping.
A boat?
Fiberglass, you can tell by the
sound of the water on the hull.
A search warrant? With
this? You can't be serious.
Hey, all three are members
of the Pequot Club...
and this was recorded on a boat.
A fiberglass boat...
of which each of these
guys is a proud owner.
And the black sedan?
Two of them own little sports
jobs, one's got a Range Rover...
but the sedan could be rented.
We're checking on that now.
The first guy is a big-time
proctologist. $6,000 a peek.
Second's a client of Dan
Rudman's. Owns an investment bank.
Number three is one
of our leading jurists.
Yeah, Judge Thayer. He's also a
close friend of the Rudman family.
Yeah, Van Buren says he's
pushing the investigation.
I have to go.
I have an appointment.
Excuse me.
Something I said?
I was a clerk in his
court, Ben, for two years.
So were half a dozen others
in this office. What about it?
I just feel before it goes any
further, I should be taken off the case.
Why? I don't think
we even have a case.
All right, so Thayer, he's
a friend of the Rudmans.
He owns a boat and he's a
member of the Pequot Club.
What about it?
He's also a respected
member of the appellate court.
I know he wrote you a glowing
recommendation to this office.
I read it and I
respect your loyalty.
I just don't want any
suggestion of impropriety.
Why? Because you
worked with him?
I've had dinner with he
and his wife, so what?
The best thing we can do for
this office and for Judge Thayer...
is to decide whether we're going
to proceed with this case or not.
So, we try our eyewitness?
No, I am not keen about
the testimony of a 5-year-old.
Put Blanchard
through a photo ID...
and if he can't pick
out Thayer's face...
then this entire
conversation is moot. Yeah.
Until we have a deal in place, my
client doesn't recognize his own mother.
Then let's just send him back
to the bed-and-breakfast...
to serve out his open cases.
Wait a minute. I'm here to
cooperate. If I can ID this guy, I will.
Shut up.
What's in it for
Mr. Blanchard? A walk...
when he picks the right
face out of the array.
What if I don't? It's
worth your while to try.
That's him, I think.
No deals for maybes.
It's him. That's the guy.
You guys did real
good. That's him.
This is a joke, right?
What's Thayer's
picture even doing here?
Just be absolutely
certain, Mr. Blanchard.
It's him.
I don't care who picked his face
out of a precinct family album.
I had lunch with Thayer the day
after he came in with Rudman.
Makes absolutely
no sense at all.
I've seen cases
made without motive.
It's an element in this one and
I'm not going to move without it.
It better be a damned good one.
A friend at the station
just called to warn me.
It's out. Brother.
Who do we pay around
here to keep things private?
I can't comment on the extent
of Judge Thayer's involvement...
Who the hell is that?
Art Diamond,
Blanchard's attorney.
The allegations,
if true, make this
reporter wonder why
no arrest has been made.
Do the close ties between Judge
Thayer and Adam Schiff prevent...
Twenty-five years on the bench.
Cheap shots from a pip-squeak.
Olivet gave some pretty convincing
reasons for Thayer's behavior.
Yeah. Psycho gibberish.
Always the best refuge
for a weak prosecution.
The longer we do nothing, the more it
looks like we have something to hide.
I know, Ben. I know.
Call him in chambers.
So he can surrender himself.
I did nothing wrong, as
the evidence will show.
Judge Thayer, will you
resign? Absolutely not.
The person described in
these charges is a madman.
They hardly fit a respected
member of the appellate court.
Then why would the
DA bring these charges?
No comment. You'll have
your answer soon enough.
The first order of business is to
have these charges dismissed.
Judge Thayer, one
more question... No more.
That's Arthur Gold's
entire modus operandi.
He plants the idea that what we're
doing is persecution, not prosecution.
Right.
Next, he'll cite the number of
times that Thayer has reversed you.
I don't think this has to do
with Ben. It has to do with me.
I had a prior working
relationship with Thayer.
Really? Doing
what? I was his clerk.
And?
Then what's the
problem, Ms. Kincaid?
I had an affair with him.
Well, that's just dandy.
You had an affair? Why the
hell didn't you tell me this?
I told you to take
me off the case.
I would have if I'd known this.
I hoped there was some part of my
personal life I could keep personal.
Great.
The media gets a hold of this.
This is beautiful. Absolutely exquisite.
Obviously, this is partly my
fault. If I'd known the reason...
How the hell do we
keep a lid on this?
Maybe this will help.
It's my letter of resignation.
Effective immediately.
Now, just a minute...
I'll type out a formal
version in the morning.
Quick disposition, Ben.
Every minute these charges linger
is a cloud over my client's good name.
I'll consider a reduced
sentence. That's it.
Ben, go to bed and get up again.
Are you suggesting that your client
did not make Mrs. Rudman's life hell?
Tough to sell
extortion to a jury...
when the complainant appears as
a character witness for the defense.
Yeah, Mrs. Rudman has
expressed absolute willingness...
to testify on behalf
of her dear friend.
Mr. Thayer, there's the
little matter of an eyewitness.
Mr. Blanchard picked your
photo out on the first pass.
Maybe you should speak
to Ms. Kincaid. About what?
Motion to suppress the photo ID.
Unless I missed a ruling from
the nine wise souls in D.C...
Simmons v. US still controls.
"The photographic array was
so impermissibly suggestive...
"as to give rise to a
substantial likelihood...
"of misidentification."
You're suggesting
that we rigged the ID?
Not you, Ben. Claire
Kincaid. See you in chambers.
What she said was that one
of the men in the photos...
was, in fact, the suspect.
I see in Mr. Blanchard's
affidavit...
that Ms. Kincaid promised
him consideration...
"when he picks the right
face out of the book."
Ms. Kincaid's statement is open
to wide interpretation, Your Honor.
But what Mr. Blanchard read into it
was neither stated nor even implied.
How do we know what was stated?
There was no recorder present.
She implied that an
identification was inevitable.
According to Blanchard.
Well, Blanchard doesn't count?
Her statements
were directed at him.
I think it crosses
the line, Ben.
I think it merits a
suppression. The ID's out.
Your Honor, you do
know... Exception noted.
You fumbled the ball, and Arthur
Gold takes it for a touchdown.
I don't agree.
I think we have enough left
for a strong circumstantial case.
You go after big game, you
bring it down with your first shot.
Every jurist in the state can't
wait for this thing to go away.
Yeah, and Thayer's ruled
on over 2,000 appeals.
And the minute
we take him down...
every one of those appeals
is called into question.
But if we back down now, it
looks like we're bowing to pressure.
Yeah.
It's a service for Ms.
Kincaid. I'll take it.
She's being brought before
the disciplinary committee...
on charges of misconduct.
Now, why would Arthur Gold want to
waste his time getting her disbarred?
It's not Gold. It's Thayer.
He says that she
concocted the whole thing...
because he had spurned...
her sexual advances.
There's actually
something to this?
Clerking for him was my
first job out of law school.
Everyone wanted it,
and suddenly I was there.
And he reminded you how lucky
you were. How you owed him.
No, he was much
subtler than that.
From the beginning, he
treated me like his peer.
He listened to my opinions.
He acted on my
suggestions. Smart.
He knew you had
an "A" student's ego.
He was smart.
He was also...
powerful and seductive.
Small intimate dinners,
but always related to work.
I was fool enough to believe
he really cared about me.
Finally, he invited
me to his boat...
where he stays when it's too
late to commute to his home.
That's how it began.
How long did it last?
Three months.
You'll have to admit all
of this publicly, Claire.
I don't think I can.
If you don't, you'll
never get past it...
even if you can
practice law again.
Like any rookie prosecutor,
she paid her dues.
ECAB during holidays,
and night arraignment.
Were you satisfied with
her performance? Absolutely.
She made Felony Assistant
in well under the usual time.
Are you aware that the two
investigating detectives...
gave Ms. Kincaid three
possible suspects? Yes, sir.
Excluding Mr. Thayer, were the
remaining two suspects ever questioned?
No, sir.
Were photos of these two men
included in any photo array...
that was shown to
Mr. Blanchard? No, sir.
Nothing further.
For many years, I declined
to hire female law clerks.
I was concerned with the
appearance of propriety.
What changed your mind,
sir? Colleagues pointed out...
that qualified women candidates
were being denied opportunities.
Did there come a time when you
lifted your ban on women as clerks?
On general assignment
clerks of the court, yes.
Ms. Kincaid proved
an able attorney.
She was bright, aggressive.
In fact, she sought
a heavier caseload.
Did you have occasion to assign
Ms. Kincaid to any of your own matters?
I did, and I was pleased
with her performance, at first.
But then, a situation
developed. How so?
Ms. Kincaid was constantly
asking about my marriage...
whether my wife
and I were happy.
It became obvious that
she was attracted to me.
How did she make it obvious?
One evening, we were working late...
and she was standing next to
me. She began to kiss my neck.
I asked her to stop. How
did Ms. Kincaid react?
She stopped but her
advances continued.
The more I refused, the
more threatening she became.
Threatening? How? She
threatened to tell my wife...
that we were having an affair.
How long did this behavior continue?
I suggested that she join
the District Attorney's office...
before the completion
of her full term.
I wanted to get rid of her.
I was very relieved
when she made her move.
Ms. Kincaid made
sexual overtures...
threatened your reputation,
yet you didn't fire her?
My attorney was concerned
that this would result...
in a gender discrimination suit.
Well, did you discuss the
matter with anyone else?
My attorney and my own clerk.
But I never referred to
Ms. Kincaid by name.
- How convenient.
- Objection.
Withdrawn.
He taught me to think like a
lawyer. Simply, concisely...
so that logic isn't
lost in the noise.
Anything else? Never
to avoid a tough call.
And the decision to indict
Mr. Thayer, whose was that?
It was Ben Stone's.
I believed the evidence
supported the charges. I still do.
Have you been on board the
Barbara Allen, Ms. Kincaid?
Yes. He invited me
several times for dinner.
Working dinners?
No, romantic dinners.
Did you sleep with
Judge Thayer? Objection.
Overruled.
Yes, I did.
Who initiated the
affair, Ms. Kincaid?
Thayer did, but in all fairness,
I permitted it to continue.
Over what period of time?
It lasted for three months.
Who ended it?
I did. I saw the effect it was
having on Joel and myself.
Please explain.
He became very
possessive, unreasonable...
and when I wanted to break
it off, he became threatening.
And the fact that
you considered...
Judge Thayer unreasonable
and threatening...
is that what lead you to taint evidence
and pursue a malicious prosecution?
No, my feelings had no bearing
on my conduct as a prosecutor.
Then you're a better person
than I am, Ms. Kincaid.
Well, frankly, I'm glad
they only censured you.
I thought you'd be disbarred.
Ben, not only did that man
lie about me on the stand...
but censure still prevents
me from practicing law...
unless the committee
decides to lift it.
So you file an immediate appeal.
You think it's worth the paper?
It'll be reviewed by Thayer's
court. You got to do something.
Well, what brings you?
The chance to gloat?
I noticed the "for sale"
sign when I came aboard.
She'll bring half of what I
need for my divorce attorney.
You weren't the
best I've ever had...
but you're proving to
be the most expensive.
So how will you make
it up? Janet Rudman?
Don't try some little game.
You still want her, don't you?
Hey, you want real trouble?
What are you going to
threaten me with, Joel?
I'm a censured lawyer
and you're barely a judge.
You little bitch. No husband
you could threaten to tell.
No child you could
threaten with harm.
That's right. But I
learned my lesson.
Now get the hell off my
boat and stay out of my life!
There are some
things I won't allow.
No, Joel. There's just
certain things you can't control.
I understand you've
been censured.
Doesn't that mean you
have no right to question me?
Yes.
Then I don't see why we
have any reason to talk.
We've shared a common problem.
Sleeping with Joel Thayer.
Joel warned me about you.
Yeah. He probably said that I was
out of control, as opposed to you.
What the hell do you
mean saying these things?
I know you were having an affair
with him and I know you wanted out.
That's when the things started
happening with Laura, didn't they?
That is all past.
Just leave me alone.
It's all past because, apparently,
you went back with him.
Now, did you want to?
Listen, you've been
stupid, I've been stupid.
I don't want to ruin my marriage.
Please, don't do this to me.
Yeah, I was stupid, but this isn't
going to end until you tell the truth.
You're desperate.
You just want to put him in jail
so you can restore your reputation.
Yes, I want to restore my
reputation. But what about yours?
What about your marriage?
What is this, ambush law?
Joel, keep your coat on.
I have nothing to hide.
What's she doing here?
Ms. Kincaid is a witness, sir.
We are re-presenting our
charges to the grand jury.
Janet, you can't
possibly be a part of this.
Joel, let's just
get out of here.
Mr. Thayer, I'm giving you
an opportunity not to go to trial.
Let's go, Arthur.
Ben, I don't know what you think
you're up to, but neither this one...
nor Ms. Kincaid
ever takes the stand.
Arthur, you're swimming
in quicksand here.
Your client as much as
admitted his guilt to Claire Kincaid.
Well, you can bet no jury is
ever going to hear that testimony.
You want to lay odds?
I heard that, Arthur.
How much of this argument
took place in the hallway?
Your Honor, when Ms.
Kincaid interrogated my client...
he was still protected by Miranda.
He'd never waived those rights.
Ergo, any statements he made
to Ms. Kincaid are inadmissible.
And since Janet Rudman came
forward as a result of those statements...
her testimony is
inadmissible, too.
At the very least, Ben, I think
you'd instruct your assistants...
about questioning defendants
outside the presence of their attorneys.
Your Honor, Claire, she
did this on her own accord.
Our office never asked her to
talk to Thayer or Ms. Rudman.
That doesn't even
pass the laugh test, Ben.
Claire Kincaid's a
member of your office.
She was. Prior to the committee's
censure, she offered her resignation.
This is bootstrapping,
Your Honor.
Arthur, you're not
playing to a jury.
I assume you have proof
of Ms. Kincaid's resignation?
Yes, sir. A letter
dated four weeks ago.
Ms. Kincaid acted
as a private person...
and as such is unfettered by the
restraints of the Miranda decision.
We met Joel Thayer and his wife
six years ago on vacation in Barbados.
Did you become
friends with the Thayers?
We shared a social
life, we traveled together.
I always assumed that
we were very close friends.
At one point,
didn't you learn...
that Joel Thayer had intimate
relations with your wife?
Yes. When Janet told me.
Objection. Hearsay.
No. I'll allow it.
Mr. Rudman, how did
you react to this news?
I was furious with my wife...
and devastated at being
deceived by a supposed friend.
Did you ever come to terms with
this affair that your wife was having?
I told my wife that I could
forgive her adultery...
but that I could not tolerate her
continuing to protect Joel Thayer...
after he had subjected
us to a campaign of terror.
Thank you. Your witness.
This alleged
campaign of terror...
you witnessed it
yourself, Mr. Rudman?
No...
So you simply accepted
your wife's version of events?
I believe my wife
is telling the truth.
Uh-huh.
How long was it that your wife
deceived you with Joel Thayer?
She said that they had been
involved for a little over a year.
Thirteen, fourteen months...
during which time she never
told you anything about the affair...
or the attacks?
No.
Isn't it true, sir, that she
confessed this infidelity...
just as it was about to
become public knowledge?
Objection, Your Honor. He is
asking for the declarant's state of mind.
Overruled.
I suppose so, yes.
In fact, you know so, sir.
Come in.
How's it going?
A circumstantial case
against Arthur Gold.
I've spoken to someone
who wants to be a witness.
Well, an addition to the
witness list at this late date...
it means a
head-to-head with Gold.
Is this person worth it?
She's potentially devastating.
Your Honor, we've
received word...
that Mrs. Thayer
is willing to testify.
That's outrageous. Her name was
never on the People's witness list.
We all know that your client is
protected by spousal privilege.
You better have
something new, Counselor.
We've learned that Mrs. Thayer
was aware of her husband's attempts...
to terrorize Janet Rudman.
I hold marital
confidence near and dear.
Nothing Mrs. Thayer says can issue from
communication between husband and wife.
I understand, Your Honor.
Mrs. Thayer, without
betraying any confidences...
did you know that your
husband was having an affair?
I had suspicions. What
prompted these suspicions?
Joel became erratic...
started missing appointments,
misplacing papers.
That sort of thing.
Anything else?
In a strange way, he became...
more affectionate, open.
He told me I was the most
important thing in his life.
My husband usually had a difficult
time articulating his emotions.
How did you respond to
these new displays of affection?
I loved it. I tried to help him.
Keep things organized,
the way he liked them.
Did you organize
things on his boat?
I thought he'd begun
keeping a scrapbook.
There were clippings
from various magazines.
You could see where the words had
been cut out. I put them away for him.
Are these the clippings, marked
People's Exhibit One for identification...
that you found on the boat? Yes.
Your Honor, request that People's
One be moved into evidence.
Voir dire, I expect,
Counselor? Yes, Your Honor.
Mrs. Thayer, are you
saying that only now...
do you realize the
significance of these clippings?
I was a good wife to him.
As far as I'm concerned...
he deserves whatever he gets.
No objections, Your Honor.
Arthur, your client has 30
years of IOU's to pick up on.
We go in that courtroom,
the gloves are off.
Five years, suspended,
he resigns from the bench.
He gives up his license to
practice law, three-to-nine.
Not a chance, Ben. He has to
have something to come back to.
Except as a
criminal defendant...
he never sets foot
in a courtroom again.
No room in that cold, prosecutor's
heart for a little compassion?
Yes, sir. I have compassion
for the criminal justice system.
It deserves better
than Joel Thayer.
One-to-three on attempt grand
larceny two. He maxes out in 18 months.
He allocutes to all
the facts. Full record.
You understand that your
plea has the same effect...
as a jury's verdict of guilty?
Yes, Your Honor.
Do the People wish to
enquire? Yes, Your Honor.
Mr. Thayer, for the record,
please describe what happened.
I pursued Janet Rudman.
I wanted to see her.
In what manner did
you pursue her, sir?
I phoned her at her house.
I followed her on the street.
What did you do next, sir?
You have to understand...
that I was under
a lot of stress.
I wasn't myself.
Mr. Thayer, did you
threaten Mrs. Rudman's child?
Janet knows I never
meant any harm.
Your Honor,
this is insufficient.
Either the defendant allocutes to
all the elements of each offense...
or the People
withdraw their plea offer.
I regret any distress my
actions may have caused.
Approach. You, too, Mr. Thayer.
Your Honor, the defendant is behaving
as if someone else performed these acts.
You want him on his
knees, Ben? Walter...
Judge Schreiber to you.
Now, I've heard all the dodging
and weaving I can take on this one.
You wore the same robe I do.
You know the drill. Now,
if you want to dance...
you can come back and
dance at a trial. So, let's hear it.
All of it.
In an effort to convince...
Janet Rudman of my love...
of the sincerity of
that love... Your Honor.
Describe your
actions, Mr. Thayer.
I just wanted to scare her.
If I scared her, then
she couldn't leave me.
She would always come
to me, always need me.
I never... I never
meant to hurt anyone.
Mr. Thayer, sir...
for the last time...
for the very last time...
did you threaten to harm...
Mrs. Rudman's child?
I require an answer.
Yes.
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.
Definitely the Dior. Show
some flesh, break some hearts.
My ex is invited.
Good. Punish him.
Your delivery
man's a trusting soul.
Dan's ordering
from Cabela's again.
All those hunting outfits. Is he actually
ever going to step foot in the woods?
Laura, Mommy's home.
Auntie Sarrie's got
something for you.
She's probably in
the back with Olivia.
This is Miss Pinky,
her favorite doll.
Neighbor must have
found it on the walk.
Laura.
She's probably still at
the zoo with her class.
Yeah.
Olivia?
I remember trying to drag Susie
away from the elephant ride.
I remember that day.
Hmm.
Looks like you're out of
vodka. Gin okay? Yeah, sure.
Hi, honey, it's me. I'm
at the office. Call me.
How much the child
resembles the pretty doll.
So loving and trusting.
Did she enjoy the
animals at the zoo?
Does she miss her
doll, do you think?
Does she want her
mother now, do you think?
Call the school.
Come on.
Hi, this is Janet Rudman. Has
Olivia picked up Laura yet today?
Well, about when
was that? Thanks.
She picked her up over
two hours ago. Dial 911.
We're checking every route
between here and the school.
How long has Olivia
worked for you?
She's been with us for four
years. She's absolutely reliable.
Wasn't that fun? Laura.
Yeah, I can't wait to
tell Mommy and Daddy.
Oh, my God. Honey,
where have you been?
She saw Barney in the FAO Schwartz
window and she wouldn't leave...
until she said hello to
Barney. Is something wrong?
No. Everything's all right.
It's over.
My guess, it's not over for
the guy that made that call.
They're taught to hold hands, to
keep in sight of a teacher at all times.
Fine, did you see her
talking to anybody?
Twenty-two kids and I have to
explain why a leopard has spots.
I liked the polar
bears the best.
They have their own pool.
I didn't know bears
could swim, did you?
No, I didn't, honey. Did
Miss Pinky like the zoo?
She said she liked
the penguins the best.
But Miss Pinky was
bad. She got lost.
How'd she get lost?
I don't know. Maybe she went
with the man in the spaceman hat.
The spaceman hat?
It was shiny and silver. Like his
glasses. I could see myself in them.
Did you talk to this man?
He said he liked the monkeys
the best. He was a nice man.
After he finished talking
to you, what did he do?
He got on a silver bicycle.
Maybe I let him hold Miss Pinky.
I can't remember.
The kid wasn't scared.
Yeah, well, pedophiles
relate real well to kids.
Why did Laura talk to
this guy in the first place?
I mean, kids are supposed to know
better than to talk to absolute strangers.
You think she knew him?
Or he just seemed familiar, maybe.
Like if he knew Miss Pinky's name.
Pedophiles don't advertise
on answering machines.
He would have hit on her
long before he called mom.
This guy knew
Rudman's private number.
Knew their routine.
Maybe he knows mom.
Bicycle, mirrored glasses? No.
With most of our friends,
it's tennis or squash.
Well, besides them, who would
have access to your private number?
My husband has
over 300 employees.
Every one of them
could get that number.
All right, what
about this place?
We have 40 on staff.
Anybody been fired recently?
We had cutbacks
earlier this year.
Well, did any of them
take it particularly hard?
Everybody. But I don't
think anyone blamed me.
You know, I did
get a nasty note.
Ron Blocker in Acquisitions.
I don't know about glasses,
but he was into fitness.
Rode a bike to work every day.
Janet Rudman kept
her no-talent sycophants.
I got the axe.
Certainly I was miffed.
Just how miffed were you, Ronny?
I thought of suing.
I had a case.
It was clear discrimination.
So instead of getting a
lawyer, you sent a nasty note?
She told you about that?
So, Ronny, do you own a bicycle?
Owned a Mongoose.
Hey, those are
silver, aren't they?
Polished aluminum with full
suspension. Somebody stole it.
Let's talk a little bit about
your schedule last week.
Yeah, like Tuesday.
Were you out and about...
or did things around here keep
you busy all day by yourself?
Busy, yes. Here, no. Familiar
with the Kalmus Gallery?
Very successful
exhibition of my own works.
Black tie, very
chic, very intime.
Pity you couldn't
have been there.
But it was by invitation only.
Well, if this
doesn't check out...
we'll be sending
you an invitation, too.
Not very chic, but very intime.
Blocker's got a perfect alibi.
Fifty guests put him at his gallery from
dawn to dusk on the day of the zoo trip.
What about
Mr. Rudman's employees?
Any of them victims
of the recession?
They're all present and accounted
for. We checked his clients.
There's nothing there.
Mike, line two.
Thanks. Logan. Yeah.
When did it arrive?
Okay. Yeah. No.
Don't touch it. Thanks.
Janet Rudman just received
a package with a demand.
$20,000 or he takes the kid.
"11:00, tomorrow. Bethesda
Fountain, near the underpass.
"Bring $20,000.
No cops. No tricks."
It came through the mail
slot while we were out.
Olivia was upstairs.
She didn't hear anything.
It was wrapped around this.
It could have been then.
A turned head, a
moment's distraction.
She could be taken so easily.
She could be taken so easily.
Black sedan. Did you
make out the model?
She cannot go to Central
Park. Anything could happen.
What else can we do?
I cannot live with this.
Bethesda Fountain. Good
visibility, controlled access.
It'll be okay. We
can make it work.
If you read me, give
me a sign, Lennie.
Yes.
Please, yes.
Yes, I see it.
Trash basket, northwest corner.
Wait for it.
False alarm.
Follow him, Walsh.
On my command.
Go.
You have the right
to remain silent.
Anything you do say can and will
be used against you in a court of law.
Detective? Thanks.
Blanchard, John, 47.
No known address.
He pulled off a scam like this?
Dis con, fraudulent
accosting, jostling...
misdemeanor assault.
Mr. Blanchard seems to
be expanding his horizons.
Was it drugs? Don't tell
me. I don't want to know.
It's not about drugs,
Mr. Blanchard.
Hey, I was running
an errand anyway.
Yeah, so, now you're
a bonded messenger?
Look, a guy in Central
Park West, he's in a car.
He gives me $20 to pick up an envelope.
Says he can't do it. He's at a hydrant.
So, what did he
look like, this guy?
Andrew Jackson. I
looked at the $20, not him.
He was wearing wraparounds.
What were you supposed
to do with the envelope?
Take it back to
the guy in the car.
What did the car look like?
Big, four doors. I don't
know from models.
You know from color?
Black, big American
car. New, you know?
This guy was no bum.
Am I in trouble here?
You're starting to
dig your way out of it.
Give us some more about the car.
I don't know nothing else.
Don't screw up now, Blanchard.
I'm so close to believing you.
Wait, on the
window was a sticker.
What did it say?
It was a face turned sideways.
A profile? Like on a coin?
Yeah. A sideways
face, like on a nickel.
It could've been an Indian or
one of those Roman soldiers.
That ought to narrow it down.
A parking sticker for a club?
When I parked cars at the
Atwater, they had a pilgrim.
Hey, Lennie, here's one
for you. The Century Club.
"Serving the social needs of those
who have achieved their second century."
The emblem is a Roman centurion.
Over a hundred and they're
still mixing it up? Forget that one.
Look at that. The Pequot Club.
The symbol is the
profile of an Indian chief.
Let's try it.
This is good but I
prefer the thick crust.
We'll pass it on to the chef.
Hey, Blanchard, you
ever see this before?
Yeah. I think you got it.
Yes, we are members
of the Pequot Club.
I find it hard to believe that we've
been having dinner next to that...
creature on the phone.
Life can be full of surprises.
Now the DMV
computers spit out...
72 black sedans registered
to members of that club.
We've circled their names.
What reason would those people
possibly have for hurting us?
Now, here's the
Commissioner of Police.
Detectives, I think
you're clutching at straws.
Look, if you could
think of anybody...
and I mean anybody that
might have a grudge against you.
I don't care if it
was a poker debt.
Jeffrey Starke.
I put him into bonds. He was mad.
He felt he should have gone with T-bills.
He canceled his account,
but that was months ago.
The Starkes have been in
Tuscany since September.
Look, this is absurd. These
people are our friends.
All but one of them.
You get the feeling they don't
like us the closer we get to home?
Yeah, it was okay
when it was some skell.
But they don't like it when
it's one of their own circle.
Yo, yeah.
Okay. Tell them we're
gonna be right there.
Forensics got
something off the video.
Listen.
Hansom cab, Columbus
Circle. What do I win?
Could have been then.
The ambient noise is gone. This
part of the tape has been degaussed...
by direct overdubbing.
Could we have that
again in English?
I cut my teeth on
forty-fives and Fats Domino.
He laid the audio track in
after he shot the footage.
Today's home equipment's
very sophisticated.
Can you lift it off?
It could have been then.
A turned head, a
moment's distraction.
She could be taken so easily.
Almost human.
A moment's distraction.
She could be taken so easily.
That's as good as it's going
to get on the voice, gentlemen.
Can you play just the background
again, without the voice?
Mmm-hmm.
Some kind of a bell?
Six bells.
3:00 naval time.
He's got a naval clock.
Play it one more time.
And water lapping.
A boat?
Fiberglass, you can tell by the
sound of the water on the hull.
A search warrant? With
this? You can't be serious.
Hey, all three are members
of the Pequot Club...
and this was recorded on a boat.
A fiberglass boat...
of which each of these
guys is a proud owner.
And the black sedan?
Two of them own little sports
jobs, one's got a Range Rover...
but the sedan could be rented.
We're checking on that now.
The first guy is a big-time
proctologist. $6,000 a peek.
Second's a client of Dan
Rudman's. Owns an investment bank.
Number three is one
of our leading jurists.
Yeah, Judge Thayer. He's also a
close friend of the Rudman family.
Yeah, Van Buren says he's
pushing the investigation.
I have to go.
I have an appointment.
Excuse me.
Something I said?
I was a clerk in his
court, Ben, for two years.
So were half a dozen others
in this office. What about it?
I just feel before it goes any
further, I should be taken off the case.
Why? I don't think
we even have a case.
All right, so Thayer, he's
a friend of the Rudmans.
He owns a boat and he's a
member of the Pequot Club.
What about it?
He's also a respected
member of the appellate court.
I know he wrote you a glowing
recommendation to this office.
I read it and I
respect your loyalty.
I just don't want any
suggestion of impropriety.
Why? Because you
worked with him?
I've had dinner with he
and his wife, so what?
The best thing we can do for
this office and for Judge Thayer...
is to decide whether we're going
to proceed with this case or not.
So, we try our eyewitness?
No, I am not keen about
the testimony of a 5-year-old.
Put Blanchard
through a photo ID...
and if he can't pick
out Thayer's face...
then this entire
conversation is moot. Yeah.
Until we have a deal in place, my
client doesn't recognize his own mother.
Then let's just send him back
to the bed-and-breakfast...
to serve out his open cases.
Wait a minute. I'm here to
cooperate. If I can ID this guy, I will.
Shut up.
What's in it for
Mr. Blanchard? A walk...
when he picks the right
face out of the array.
What if I don't? It's
worth your while to try.
That's him, I think.
No deals for maybes.
It's him. That's the guy.
You guys did real
good. That's him.
This is a joke, right?
What's Thayer's
picture even doing here?
Just be absolutely
certain, Mr. Blanchard.
It's him.
I don't care who picked his face
out of a precinct family album.
I had lunch with Thayer the day
after he came in with Rudman.
Makes absolutely
no sense at all.
I've seen cases
made without motive.
It's an element in this one and
I'm not going to move without it.
It better be a damned good one.
A friend at the station
just called to warn me.
It's out. Brother.
Who do we pay around
here to keep things private?
I can't comment on the extent
of Judge Thayer's involvement...
Who the hell is that?
Art Diamond,
Blanchard's attorney.
The allegations,
if true, make this
reporter wonder why
no arrest has been made.
Do the close ties between Judge
Thayer and Adam Schiff prevent...
Twenty-five years on the bench.
Cheap shots from a pip-squeak.
Olivet gave some pretty convincing
reasons for Thayer's behavior.
Yeah. Psycho gibberish.
Always the best refuge
for a weak prosecution.
The longer we do nothing, the more it
looks like we have something to hide.
I know, Ben. I know.
Call him in chambers.
So he can surrender himself.
I did nothing wrong, as
the evidence will show.
Judge Thayer, will you
resign? Absolutely not.
The person described in
these charges is a madman.
They hardly fit a respected
member of the appellate court.
Then why would the
DA bring these charges?
No comment. You'll have
your answer soon enough.
The first order of business is to
have these charges dismissed.
Judge Thayer, one
more question... No more.
That's Arthur Gold's
entire modus operandi.
He plants the idea that what we're
doing is persecution, not prosecution.
Right.
Next, he'll cite the number of
times that Thayer has reversed you.
I don't think this has to do
with Ben. It has to do with me.
I had a prior working
relationship with Thayer.
Really? Doing
what? I was his clerk.
And?
Then what's the
problem, Ms. Kincaid?
I had an affair with him.
Well, that's just dandy.
You had an affair? Why the
hell didn't you tell me this?
I told you to take
me off the case.
I would have if I'd known this.
I hoped there was some part of my
personal life I could keep personal.
Great.
The media gets a hold of this.
This is beautiful. Absolutely exquisite.
Obviously, this is partly my
fault. If I'd known the reason...
How the hell do we
keep a lid on this?
Maybe this will help.
It's my letter of resignation.
Effective immediately.
Now, just a minute...
I'll type out a formal
version in the morning.
Quick disposition, Ben.
Every minute these charges linger
is a cloud over my client's good name.
I'll consider a reduced
sentence. That's it.
Ben, go to bed and get up again.
Are you suggesting that your client
did not make Mrs. Rudman's life hell?
Tough to sell
extortion to a jury...
when the complainant appears as
a character witness for the defense.
Yeah, Mrs. Rudman has
expressed absolute willingness...
to testify on behalf
of her dear friend.
Mr. Thayer, there's the
little matter of an eyewitness.
Mr. Blanchard picked your
photo out on the first pass.
Maybe you should speak
to Ms. Kincaid. About what?
Motion to suppress the photo ID.
Unless I missed a ruling from
the nine wise souls in D.C...
Simmons v. US still controls.
"The photographic array was
so impermissibly suggestive...
"as to give rise to a
substantial likelihood...
"of misidentification."
You're suggesting
that we rigged the ID?
Not you, Ben. Claire
Kincaid. See you in chambers.
What she said was that one
of the men in the photos...
was, in fact, the suspect.
I see in Mr. Blanchard's
affidavit...
that Ms. Kincaid promised
him consideration...
"when he picks the right
face out of the book."
Ms. Kincaid's statement is open
to wide interpretation, Your Honor.
But what Mr. Blanchard read into it
was neither stated nor even implied.
How do we know what was stated?
There was no recorder present.
She implied that an
identification was inevitable.
According to Blanchard.
Well, Blanchard doesn't count?
Her statements
were directed at him.
I think it crosses
the line, Ben.
I think it merits a
suppression. The ID's out.
Your Honor, you do
know... Exception noted.
You fumbled the ball, and Arthur
Gold takes it for a touchdown.
I don't agree.
I think we have enough left
for a strong circumstantial case.
You go after big game, you
bring it down with your first shot.
Every jurist in the state can't
wait for this thing to go away.
Yeah, and Thayer's ruled
on over 2,000 appeals.
And the minute
we take him down...
every one of those appeals
is called into question.
But if we back down now, it
looks like we're bowing to pressure.
Yeah.
It's a service for Ms.
Kincaid. I'll take it.
She's being brought before
the disciplinary committee...
on charges of misconduct.
Now, why would Arthur Gold want to
waste his time getting her disbarred?
It's not Gold. It's Thayer.
He says that she
concocted the whole thing...
because he had spurned...
her sexual advances.
There's actually
something to this?
Clerking for him was my
first job out of law school.
Everyone wanted it,
and suddenly I was there.
And he reminded you how lucky
you were. How you owed him.
No, he was much
subtler than that.
From the beginning, he
treated me like his peer.
He listened to my opinions.
He acted on my
suggestions. Smart.
He knew you had
an "A" student's ego.
He was smart.
He was also...
powerful and seductive.
Small intimate dinners,
but always related to work.
I was fool enough to believe
he really cared about me.
Finally, he invited
me to his boat...
where he stays when it's too
late to commute to his home.
That's how it began.
How long did it last?
Three months.
You'll have to admit all
of this publicly, Claire.
I don't think I can.
If you don't, you'll
never get past it...
even if you can
practice law again.
Like any rookie prosecutor,
she paid her dues.
ECAB during holidays,
and night arraignment.
Were you satisfied with
her performance? Absolutely.
She made Felony Assistant
in well under the usual time.
Are you aware that the two
investigating detectives...
gave Ms. Kincaid three
possible suspects? Yes, sir.
Excluding Mr. Thayer, were the
remaining two suspects ever questioned?
No, sir.
Were photos of these two men
included in any photo array...
that was shown to
Mr. Blanchard? No, sir.
Nothing further.
For many years, I declined
to hire female law clerks.
I was concerned with the
appearance of propriety.
What changed your mind,
sir? Colleagues pointed out...
that qualified women candidates
were being denied opportunities.
Did there come a time when you
lifted your ban on women as clerks?
On general assignment
clerks of the court, yes.
Ms. Kincaid proved
an able attorney.
She was bright, aggressive.
In fact, she sought
a heavier caseload.
Did you have occasion to assign
Ms. Kincaid to any of your own matters?
I did, and I was pleased
with her performance, at first.
But then, a situation
developed. How so?
Ms. Kincaid was constantly
asking about my marriage...
whether my wife
and I were happy.
It became obvious that
she was attracted to me.
How did she make it obvious?
One evening, we were working late...
and she was standing next to
me. She began to kiss my neck.
I asked her to stop. How
did Ms. Kincaid react?
She stopped but her
advances continued.
The more I refused, the
more threatening she became.
Threatening? How? She
threatened to tell my wife...
that we were having an affair.
How long did this behavior continue?
I suggested that she join
the District Attorney's office...
before the completion
of her full term.
I wanted to get rid of her.
I was very relieved
when she made her move.
Ms. Kincaid made
sexual overtures...
threatened your reputation,
yet you didn't fire her?
My attorney was concerned
that this would result...
in a gender discrimination suit.
Well, did you discuss the
matter with anyone else?
My attorney and my own clerk.
But I never referred to
Ms. Kincaid by name.
- How convenient.
- Objection.
Withdrawn.
He taught me to think like a
lawyer. Simply, concisely...
so that logic isn't
lost in the noise.
Anything else? Never
to avoid a tough call.
And the decision to indict
Mr. Thayer, whose was that?
It was Ben Stone's.
I believed the evidence
supported the charges. I still do.
Have you been on board the
Barbara Allen, Ms. Kincaid?
Yes. He invited me
several times for dinner.
Working dinners?
No, romantic dinners.
Did you sleep with
Judge Thayer? Objection.
Overruled.
Yes, I did.
Who initiated the
affair, Ms. Kincaid?
Thayer did, but in all fairness,
I permitted it to continue.
Over what period of time?
It lasted for three months.
Who ended it?
I did. I saw the effect it was
having on Joel and myself.
Please explain.
He became very
possessive, unreasonable...
and when I wanted to break
it off, he became threatening.
And the fact that
you considered...
Judge Thayer unreasonable
and threatening...
is that what lead you to taint evidence
and pursue a malicious prosecution?
No, my feelings had no bearing
on my conduct as a prosecutor.
Then you're a better person
than I am, Ms. Kincaid.
Well, frankly, I'm glad
they only censured you.
I thought you'd be disbarred.
Ben, not only did that man
lie about me on the stand...
but censure still prevents
me from practicing law...
unless the committee
decides to lift it.
So you file an immediate appeal.
You think it's worth the paper?
It'll be reviewed by Thayer's
court. You got to do something.
Well, what brings you?
The chance to gloat?
I noticed the "for sale"
sign when I came aboard.
She'll bring half of what I
need for my divorce attorney.
You weren't the
best I've ever had...
but you're proving to
be the most expensive.
So how will you make
it up? Janet Rudman?
Don't try some little game.
You still want her, don't you?
Hey, you want real trouble?
What are you going to
threaten me with, Joel?
I'm a censured lawyer
and you're barely a judge.
You little bitch. No husband
you could threaten to tell.
No child you could
threaten with harm.
That's right. But I
learned my lesson.
Now get the hell off my
boat and stay out of my life!
There are some
things I won't allow.
No, Joel. There's just
certain things you can't control.
I understand you've
been censured.
Doesn't that mean you
have no right to question me?
Yes.
Then I don't see why we
have any reason to talk.
We've shared a common problem.
Sleeping with Joel Thayer.
Joel warned me about you.
Yeah. He probably said that I was
out of control, as opposed to you.
What the hell do you
mean saying these things?
I know you were having an affair
with him and I know you wanted out.
That's when the things started
happening with Laura, didn't they?
That is all past.
Just leave me alone.
It's all past because, apparently,
you went back with him.
Now, did you want to?
Listen, you've been
stupid, I've been stupid.
I don't want to ruin my marriage.
Please, don't do this to me.
Yeah, I was stupid, but this isn't
going to end until you tell the truth.
You're desperate.
You just want to put him in jail
so you can restore your reputation.
Yes, I want to restore my
reputation. But what about yours?
What about your marriage?
What is this, ambush law?
Joel, keep your coat on.
I have nothing to hide.
What's she doing here?
Ms. Kincaid is a witness, sir.
We are re-presenting our
charges to the grand jury.
Janet, you can't
possibly be a part of this.
Joel, let's just
get out of here.
Mr. Thayer, I'm giving you
an opportunity not to go to trial.
Let's go, Arthur.
Ben, I don't know what you think
you're up to, but neither this one...
nor Ms. Kincaid
ever takes the stand.
Arthur, you're swimming
in quicksand here.
Your client as much as
admitted his guilt to Claire Kincaid.
Well, you can bet no jury is
ever going to hear that testimony.
You want to lay odds?
I heard that, Arthur.
How much of this argument
took place in the hallway?
Your Honor, when Ms.
Kincaid interrogated my client...
he was still protected by Miranda.
He'd never waived those rights.
Ergo, any statements he made
to Ms. Kincaid are inadmissible.
And since Janet Rudman came
forward as a result of those statements...
her testimony is
inadmissible, too.
At the very least, Ben, I think
you'd instruct your assistants...
about questioning defendants
outside the presence of their attorneys.
Your Honor, Claire, she
did this on her own accord.
Our office never asked her to
talk to Thayer or Ms. Rudman.
That doesn't even
pass the laugh test, Ben.
Claire Kincaid's a
member of your office.
She was. Prior to the committee's
censure, she offered her resignation.
This is bootstrapping,
Your Honor.
Arthur, you're not
playing to a jury.
I assume you have proof
of Ms. Kincaid's resignation?
Yes, sir. A letter
dated four weeks ago.
Ms. Kincaid acted
as a private person...
and as such is unfettered by the
restraints of the Miranda decision.
We met Joel Thayer and his wife
six years ago on vacation in Barbados.
Did you become
friends with the Thayers?
We shared a social
life, we traveled together.
I always assumed that
we were very close friends.
At one point,
didn't you learn...
that Joel Thayer had intimate
relations with your wife?
Yes. When Janet told me.
Objection. Hearsay.
No. I'll allow it.
Mr. Rudman, how did
you react to this news?
I was furious with my wife...
and devastated at being
deceived by a supposed friend.
Did you ever come to terms with
this affair that your wife was having?
I told my wife that I could
forgive her adultery...
but that I could not tolerate her
continuing to protect Joel Thayer...
after he had subjected
us to a campaign of terror.
Thank you. Your witness.
This alleged
campaign of terror...
you witnessed it
yourself, Mr. Rudman?
No...
So you simply accepted
your wife's version of events?
I believe my wife
is telling the truth.
Uh-huh.
How long was it that your wife
deceived you with Joel Thayer?
She said that they had been
involved for a little over a year.
Thirteen, fourteen months...
during which time she never
told you anything about the affair...
or the attacks?
No.
Isn't it true, sir, that she
confessed this infidelity...
just as it was about to
become public knowledge?
Objection, Your Honor. He is
asking for the declarant's state of mind.
Overruled.
I suppose so, yes.
In fact, you know so, sir.
Come in.
How's it going?
A circumstantial case
against Arthur Gold.
I've spoken to someone
who wants to be a witness.
Well, an addition to the
witness list at this late date...
it means a
head-to-head with Gold.
Is this person worth it?
She's potentially devastating.
Your Honor, we've
received word...
that Mrs. Thayer
is willing to testify.
That's outrageous. Her name was
never on the People's witness list.
We all know that your client is
protected by spousal privilege.
You better have
something new, Counselor.
We've learned that Mrs. Thayer
was aware of her husband's attempts...
to terrorize Janet Rudman.
I hold marital
confidence near and dear.
Nothing Mrs. Thayer says can issue from
communication between husband and wife.
I understand, Your Honor.
Mrs. Thayer, without
betraying any confidences...
did you know that your
husband was having an affair?
I had suspicions. What
prompted these suspicions?
Joel became erratic...
started missing appointments,
misplacing papers.
That sort of thing.
Anything else?
In a strange way, he became...
more affectionate, open.
He told me I was the most
important thing in his life.
My husband usually had a difficult
time articulating his emotions.
How did you respond to
these new displays of affection?
I loved it. I tried to help him.
Keep things organized,
the way he liked them.
Did you organize
things on his boat?
I thought he'd begun
keeping a scrapbook.
There were clippings
from various magazines.
You could see where the words had
been cut out. I put them away for him.
Are these the clippings, marked
People's Exhibit One for identification...
that you found on the boat? Yes.
Your Honor, request that People's
One be moved into evidence.
Voir dire, I expect,
Counselor? Yes, Your Honor.
Mrs. Thayer, are you
saying that only now...
do you realize the
significance of these clippings?
I was a good wife to him.
As far as I'm concerned...
he deserves whatever he gets.
No objections, Your Honor.
Arthur, your client has 30
years of IOU's to pick up on.
We go in that courtroom,
the gloves are off.
Five years, suspended,
he resigns from the bench.
He gives up his license to
practice law, three-to-nine.
Not a chance, Ben. He has to
have something to come back to.
Except as a
criminal defendant...
he never sets foot
in a courtroom again.
No room in that cold, prosecutor's
heart for a little compassion?
Yes, sir. I have compassion
for the criminal justice system.
It deserves better
than Joel Thayer.
One-to-three on attempt grand
larceny two. He maxes out in 18 months.
He allocutes to all
the facts. Full record.
You understand that your
plea has the same effect...
as a jury's verdict of guilty?
Yes, Your Honor.
Do the People wish to
enquire? Yes, Your Honor.
Mr. Thayer, for the record,
please describe what happened.
I pursued Janet Rudman.
I wanted to see her.
In what manner did
you pursue her, sir?
I phoned her at her house.
I followed her on the street.
What did you do next, sir?
You have to understand...
that I was under
a lot of stress.
I wasn't myself.
Mr. Thayer, did you
threaten Mrs. Rudman's child?
Janet knows I never
meant any harm.
Your Honor,
this is insufficient.
Either the defendant allocutes to
all the elements of each offense...
or the People
withdraw their plea offer.
I regret any distress my
actions may have caused.
Approach. You, too, Mr. Thayer.
Your Honor, the defendant is behaving
as if someone else performed these acts.
You want him on his
knees, Ben? Walter...
Judge Schreiber to you.
Now, I've heard all the dodging
and weaving I can take on this one.
You wore the same robe I do.
You know the drill. Now,
if you want to dance...
you can come back and
dance at a trial. So, let's hear it.
All of it.
In an effort to convince...
Janet Rudman of my love...
of the sincerity of
that love... Your Honor.
Describe your
actions, Mr. Thayer.
I just wanted to scare her.
If I scared her, then
she couldn't leave me.
She would always come
to me, always need me.
I never... I never
meant to hurt anyone.
Mr. Thayer, sir...
for the last time...
for the very last time...
did you threaten to harm...
Mrs. Rudman's child?
I require an answer.
Yes.