Law & Order (1990–2010): Season 7, Episode 17 - Showtime - full transcript
The trial of Hollywood director Eddie Newman begins amid a media circus and aggressive defense lawyers. It all becomes too personal when Jamie Ross' ex-husband Neil Gorton, one of Newman's lawyers, applies for sole custody of their daughter. When McCoy questions Jamie's work ethic and priorities, she quits. Ray Curtis turns down Lisa Lundquist's offer of a job and a relationship but she offers to testify on the animosity Newman had towards his ex-wife. The case isn't going well for the prosecution, particularly when the defense comes up with what seems to be an alternative suspect.
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NARRATOR:
In the criminal justice system
the people are represented by two
separate yet equally important groups,
the police
who investigate crime
and the district attorneys
who prosecute the offenders.
These are their stories.
Shirley Jackson's 1993 employee evaluation
said her motivation was above average.
Jackson?
That's the one who says
her boss snapped her bra?
That's Malone.
Jackson had a boob pinched.
You might want to try
keeping our clients straight.
What is it?
"Mattawin Studios
Executive Committee Meeting."
MAN 1: Only in America is this something
that we have to put up with.
You know, the Japanese,
they have the right idea.
Their women serve tea in the
office and they leave them alone.
MAN 2: Have you
seen the list of plaintiffs?
They all got hired in the first
place because they had nice racks.
I have a hunch this got put in
the discovery box by mistake.
MAN 2: How about Heidi?
Is she testifying?
MAN 1: I hope not.
She could hurt us.
MAN 2: What the hell
is she gonna say?
MAN 1: That she
witnessed harassment.
Maybe that she
was harassed herself.
MAN 2: Heidi harassed?
That's a joke, right?
She slept with one of her
own male assistants.
MAN 1: We still have to
deal with the eventuality.
MAN 2: (SCOFFS) I'll tell
you how to deal with it.
If she's gonna turn on us, somebody
should just kill the bitch.
Heidi Ellison?
That's the one who...
Yeah.
The one that was killed.
JUDGE:
Mr. Gorton, it's 9:45.
Oh, I'm sorry, Your Honor, but we just
need this table for our associates.
Can't they sit in the
first row of the gallery?
Oh, that's reserved
for the press.
I allocated
rows two and three for them.
That was before Mr. Dunne and Ms.
Brenner presented letters from their publishers.
Also we need to keep a place for Dr.
Duval, Mr. Newman's psychiatrist.
Are we going to be doing
therapy in the courtroom?
It is in everyone's interest that Mr.
Newman stay in a calm and alert mental state.
Also, Your Honor, have you had a chance to
consider our request for a fax machine?
The People do not believe that a fax
machine is required in the courtroom.
By the way,
we are ready to proceed.
So are we.
Here's Ms. Joyner now.
Ms. Joyner,
good morning.
Good morning, Your Honor.
These are my associates,
Mr. Nakamura and Mr. Levine.
You and me, Jamie.
They're from Dekom Flint Cummings.
Civil litigators.
Play it.
Our firm represents a group of
women suing Mattawin Studios
for sexual harassment.
$100 million.
This is a tape of a Mattawin
executive committee meeting.
They were worried because Heidi Ellison
was gonna testify for the plaintiffs.
MAN 1: We still have to
deal with the eventuality.
MAN 2: (SCOFFS) I'll tell
you how to deal with it.
If she's gonna turn on us, somebody
should just kill the bitch.
(TAPE SWITCHING OFF)
That wouldn't, by any chance,
be the person just put on trial
for killing the woman,
would it?
It's not his voice.
Yeah. I suppose it was
too much to hope for.
All right. Thank you very much for
bringing this to our attention.
Look into it.
See if it means anything.
First thing in the morning.
Neal Gorton's playing games
with our custody arrangement.
I gotta be home by 8:00.
Early, right?
Right.
I don't know what meeting
you're talking about.
(SCOFFS)
We have the minutes
you typed up, Mr. Canter.
Except you left out the part
about the customs of Japan
and killing the bitch.
I suppose the plaintiffs
are gonna use it anyway?
And so unfair.
Who suggested
killing Heidi Ellison?
Look, it doesn't mean anything.
You've charged
that crazy husband of hers.
Okay, Mr. Canter.
I can ask you the same
question on the witness stand.
Ben Hollings.
Her boss?
He's being sued
for $10 million personally.
He felt betrayed,
but the whole thing
turned out to be moot.
Why?
Heidi decided not to testify.
We heard a couple of days
before she was killed.
I already told the police everything
I know about Eddie Newman.
I was just Heidi's assistant.
I didn't live with her.
Actually, something's come
up about Ben Hollings.
Really? Well, he usually finds a way to
bring the subject around to himself.
We understand he was concerned
about some testimony
Heidi might give in
a sexual harassment lawsuit.
Yeah. He ought to be.
Heidi started out
as his assistant.
And nobody knows
a boss like an assistant.
Well, especially a boss
who pops into your office
naked every once in a while.
Heidi was gonna
testify about that?
About that, about the late night
summons to work sessions,
stupid jokes,
the unsolicited back rubs...
Was this still going on?
Well, not to her, but it was to
two assistants who were fired.
They asked for Heidi's help,
and she knew it was
a very big risk,
but she was gonna do it anyway.
The studio said
she changed her mind,
that she wasn't
going to testify.
JACK: And where did Mr.
Newman ask you to take him?
SINGH: To Islip on Long Island.
A road near the airport.
Next to a field
behind a school?
Yes. I think so.
The school where
the murder weapon was found.
Thank you.
Mr. Singh,
how do you get from Manhattan
to the Islip airport?
You take
the Long Island Expressway.
Where do you get off?
In Islip.
At what exit?
I don't really know because Mr.
Newman, he told me how to get there.
Well, how did you
know it was Islip?
Because he said
that's where he wanted to go.
But he could have
said that it was Islip
and pointed the way to Oyster Bay and
you wouldn't have known the difference.
I don't know
where Oyster Bay is.
Now when you dropped him off,
did you see the airport?
No, no.
It was before the airport.
Then how'd you know
that the airport was there?
Because Mr. McCoy found me
because I went to a gas station
and that gas station
is near the airport.
The man remembered me.
Mr. McCoy told me.
So that's how you know where
you dropped off Mr. Newman.
Because Mr. McCoy told you?
Yes. That's correct.
But I think Jack McCoy
definitely lost some points today.
Jerry, it's part of his job
to prepare his witnesses.
I did it myself
when I was a prosecutor.
And I did it when I
was a defense attorney,
but come on, Ben, it looked like McCoy
spoon-fed that guy his answers.
Mr. McCoy didn't do anything
wrong or even unusual.
The defense just made it
seem devious and sleazy.
Yeah.
Wasn't it great?
(TV SWITCHING OFF)
Who needs a jury?
We have commentators.
Next time,
try the cartoon channel.
That was the cartoon channel.
What's happening
with Ben Hollings?
His corporate flunky said he has no motive
since Heidi wasn't going to testify.
Her assistant says she was and
the plaintiffs' lawyers do, too.
What does Hollings say?
I'm about to find out in 15 minutes.
His helicopter's due.
I've heard about your behavior
toward women, Mr. Hollings,
I'm prepared
to adjust our case.
You know,
if Newman's convicted,
it's going to cost us millions.
Who's going to take their kids
to see a children's movie
directed by a guy
who cuts off heads?
So actually it's in your
financial interest to confess.
We can write it off.
I didn't kill Heidi.
I was in London at a film opening.
If you want a list of 2,000
alibi witnesses, call my girl.
CURTIS: Mr.
Newman told us he was in Los Angeles
the night of the murder, but later
we determined he was in New York.
JACK: Did Mr. Newman tell you
anything about his ex-wife?
Yes. He said he suspected she was
having a sexual relationship
with her personal trainer.
Thank you.
Did Mr. Newman seem upset about
this supposed relationship?
He seemed to shrug it off,
but later we determined he was
prone to fits of jealous violence
while they were married.
And you learned that from whom?
The detective who planted
evidence against Mr. Newman?
Objection.
JOYNER: I'll rephrase.
From the detective who allegedly
planted evidence against Mr. Newman?
It was corroborated
by other officers.
Friends of the detective
who allegedly planted
evidence against Mr. Newman?
Objection.
Sustained.
Okay, Detective Curtis.
Let's talk about your friends.
When you first flew to California, you
weren't after Mr. Newman, were you?
No. At that time
we had another suspect.
Evan Grant, Heidi Ellison's
personal trainer?
Yes.
But you changed your focus
to Eddie Newman after you
began a sexual relationship
with a woman who hates Eddie
Newman, isn't that right?
I don't know
what you're talking about.
You don't know Lisa Lundquist?
Yes, she's an executive
at Mattawin Studios.
JOYNER: Where Eddie Newman has consistently
thwarted her desire for promotion.
I wouldn't know
anything about that.
You don't know he refused to
have his movies supervised
by the woman
you were sleeping with?
Hey, I wasn't
sleeping with Ms. Lundquist.
Oh? She spent the night in your
hotel room for a script conference?
I wasn't even
in the room that night.
Is that why she came to visit
you in New York a week later?
Because she liked sleeping
in empty hotel rooms?
Objection.
JUDGE: Sustained.
Was Lisa Lundquist sleeping
with that other detective, too?
Were you all framing
Eddie Newman together?
Objection.
JUDGE: Sustained.
That's enough, Ms. Joyner.
JOYNER:
I'm sorry, Your Honor.
I have nothing further
for this witness.
I don't think
Hollings killed Heidi Ellison,
but remind me
never to go to work for him.
CURTIS: Hey. What the hell's
the matter with you, McCoy?
Why didn't you
stop that sooner?
I might have been able to
if you'd told me about it.
There's nothing to tell.
What was that about?
He's just a little upset
his wife's about to find out
he had an affair
on the evening news.
I told you, you should
have gone to bed with her.
You're getting the grief,
you should've had the gravy.
My specialties are victimology
and forensic psychology.
I'm a member of the American
Psychological Association
and the American Academy
of Forensic Sciences...
Your Honor, approach?
Over here.
We can see no possible relevance
in this witness's testimony.
She's never even
met the defendant.
She's published three articles
on the relationship between drug
abuse and violent behavior.
There's no proof
Mr. Newman ever took drugs.
Just the 2,000 pills
found in his apartment.
If they were still in his apartment,
he obviously hadn't taken them.
Is that a joke?
JUDGE: Let's take it into chambers.
Eddie Newman had more flavors of
benzodiazepines in his medicine cabinet
than Baskin Robbins.
He also had methamphetamines,
which taken in high doses can cause
episodes of violent paranoia.
If taken in high doses. Dr.
Duval here is prepared to testify
what doses of which drugs
he prescribed and why.
Those would be the drugs
there's no proof that he took?
The drugs taken in appropriate amounts under Dr.
Duval's medical supervision...
Excuse me, but Dr. Duval apparently
prescribed two methamphetamines...
DUVAL: Now, wait a minute...
...and six benzodiazepines.
That could only be appropriate if
Eddie Newman weighed 1,200 pounds.
Your Honor, these prescriptions are old.
You can see that for yourself.
I adjusted the medications to
suit Eddie Newman's changing...
Right, when he was high,
he needed to come down,
and when he was down,
he wanted to get high.
Dr. Olivet, where on earth is all
of this hostility coming from?
From seeing a psychotherapist
turn into a two-legged pacifier
for spoiled, rich...
Eddie Newman had insomnia.
He had trouble
controlling his diet.
He had a history of chronic pain and
a well-documented anxiety disorder.
You know as well as I do
that every one of those drugs
has a therapeutic use.
All right. Mr. McCoy,
Ms. Joyner, Mr. Gorton,
you can put on your witness
after Mr. McCoy puts on his.
We'll hear Dr. Olivet's
testimony tomorrow.
Score one for the good guys.
Trembling in my boots, Jamie.
I don't know which I'm
going to enjoy more,
seeing Newman go free
or seeing you lose.
Two vodka martinis.
Is it all about me?
You know I'm over that.
Of course.
I've seen your new associate.
(CHUCKLES)
Harvard Law Review.
And a round butt.
Just the way you like them.
What would you consider a
sufficiently satisfying defeat of me?
Acquittal.
The guy cut
his wife's head off.
You'd look damn good
getting man one.
Minimum sentence, three to six,
I could still look down on you.
We'd never go for it.
We are speaking
hypothetically, aren't we?
Just between us.
ADAM: " Other members of the defense
team reacted with anger and confusion
"to reports that Gorton had
discussed a plea bargain.
"Gorton issued a heated denial,
"but Hogan Place sources insisted
the discussion had taken place."
Now this news I like.
Shake her hand, Adam, I'm just
an old-fashioned prosecutor.
I try cases.
It makes them look weak.
How things look to some general audience
is not relevant in a courtroom.
Oh, will you wake him up,
Ms. Ross?
We're approaching
the 21st century.
It matters, Jack.
When are you gonna buy a new tie?
ROSS: You can't just turn off all
the cameras and the microphones.
What's next?
Timeouts for commercials?
We go into court with
soft drink logos on our backs?
The public'll get entertainment,
they won't get justice...
Mr. McCoy, do you expect another
plea offer from the defense?
That's up to them.
Is it true Ms. Joyner and Mr.
Gorton aren't speaking to each other?
WOMAN: Yeah.
MAN: Is that true?
This is a trial,
not a soap opera.
I wish you people
would remember that.
Ms. Ross? I'm sorry.
I have no comment.
That doesn't work, lady.
Ms. Ross.
You can't go in there.
Ms. Ross?
Jamie.
Allow me
to introduce Mr. Chao.
He's heading
our blood evidence team.
You son of a bitch.
I take it you got my notice.
Yeah. Here it is.
Not a legally persuasive
argument, Counselor.
We have a custody arrangement,
you're in breach.
How? By working late
once in a while?
Every night
for the last two months.
Katie thinks
Isabel is her mother.
She'd be better off with me.
She's my child.
Well, I'm sure we can work out
plenty of times for you to visit.
Coats everybody,
it's time to leave.
Can't Daddy come home?
Not tonight, baby.
Come on.
So you don't believe me?
I do believe you, Rey.
That's the problem.
I've believed everything
you said for nine years.
Then why don't
you believe me now?
I don't like feeling like this.
Everything is open to question.
Not you and me. Not the girls.
That's real. You know that's real.
Daddy, pick me up.
Yeah, baby.
(GRUNTS) You wanna see?
(PHONE RINGING)
CURTIS: Can you get that?
Hello?
Yes, he's here.
Who is it?
It's your girlfriend.
Hi.
CURTIS: Hi.
I usually have
a better sense of timing.
You want me to tell her what
a loyal husband you were?
Guess not.
I'm gonna do whatever it takes.
I gotta get back
with her and the kids.
So, that's a "no"
on the job offer
and on me.
You know what's going on.
Well, at least you didn't
turn out to be gay.
I called Jack McCoy and told
him that I want to testify.
About what, all the times
we almost had sex?
No. About what
the defense said.
How I influenced you
because I don't like Newman.
You didn't influence me.
I don't like Newman.
He messed with my career.
He was mad at Heidi for messing with his.
You think he wanted to be directing
A Tale of Two Yogis?
He sure looked like he did.
He spent five years developing an
American Madame Bovary.
Heidi put it in turnaround.
He was furious.
Why didn't you tell us before?
I couldn't prove it without
accessing confidential files,
which means
I'd be looking for a new job.
Here.
Everything Mattawin Studios
knows about Eddie Newman.
Why?
I'm in a funny business, Rey.
Everybody talks like hippies
and acts like
they're in the Sicilian mob.
I'm tired of it.
These memos are good.
Heidi Ellison definitely
put the kibosh on Newman.
So it was all worthwhile.
I'll tell my kids in 20 years.
Jack, Eddie Newman's
company credit card bill.
Dinner at Le Lapin,
$245, the night of the murder.
He put his whole life
on the company card.
It's a wonder he didn't
expense the murder weapon.
$245 is pretty steep for one.
Even at Le Lapin.
His expense report.
December 5, dinner with consultant
on Wilhelm Reich project,
Dr. Dan Duval.
He was with his shrink an hour
before he killed his wife?
Yes, I had dinner
with Eddie Newman that night
and then I took a cab
to Newark Airport.
And you didn't mention
this dinner to the police?
Well, Eddie had told the police
that he wasn't in New York.
I didn't think
it was any of my business
to cast undue suspicion
on a patient of mine.
Undue? He lied
about his alibi.
Yes, but he didn't
kill Heidi Ellison.
I was still counseling
both of them.
In fact, I spoke to Heidi
on the phone that morning.
You see, my dinner with Eddie Newman
that night was part of the therapy.
How do you know he didn't
kill her, Dr. Duval?
From conversations
I had with him,
which I can't repeat.
Oh. Well, that's
convenient, isn't it?
Your Honor, Mr. McCoy is aware
of the doctor-patient privilege.
That doesn't apply
to social conversations.
Dr. Duval, what did Eddie
Newman say to you that night
in his capacity as your friend?
It's impossible
for me to separate
Eddie Newman, patient,
from Eddie Newman, friend.
Everything he says to me is an
indicator of his mental state.
All right, Doctor.
You said you talked
to Heidi Ellison that day,
what did she say to you
about Eddie Newman?
Approach, Your Honor?
Ms. Ellison's conversations
with her therapist
are just as privileged
as Mr. Newman's.
Her privilege is not
Mr. Gorton's to assert.
It belongs to Heidi Ellison.
As far as I'm aware,
she hasn't waived it.
Her parents are in the gallery,
let me talk to them.
They can waive her privilege.
It's a wasted exercise.
Anything Dr. Duval
says she said is hearsay.
Why don't we fight about
one thing at a time?
Take the rest of the day and
get your waiver, Mr. McCoy.
We're in recess.
For a two-legged pacifier,
Duval kept pretty good
notes on his patients.
Ellison hated Eddie Newman
and she was afraid of him.
Heidi Ellison's sexual history.
Fifteen years in Hollywood,
I can only imagine.
She slept with
one of her assistants.
We've heard that before.
The Mattawin Studios
executive committee tape.
"Ben Hollings.
'Heidi harassed?
"'T hat's a joke. She slept with
one of her own male assistants.'"
(SCOFFS)
You think she told Hollings?
No, I don't.
Then who did?
Duval's notes on a therapy session
two days before Heidi died.
They discussed whether she should
testify in the sexual harassment suit.
She decided not to.
Not even the plaintiffs'
lawyers knew that.
Only Heidi Ellison
and Dr. Duval.
And the top executives
at Mattawin Studios.
CANTER:
I've been fired, you know.
I think my secretary put that tape
in the discovery box to screw me.
I'm sorry.
You told me you knew Heidi Ellison
had decided not to testify.
Right.
And you thought
I was lying, didn't you?
Yes.
Now I know you weren't.
Who told you?
Ben Hollings.
He almost bragged about it.
He said
Heidi had been "handled."
I have no idea what he meant.
Say it again, slowly.
Ben Hollings was afraid Heidi
Ellison would testify against him.
She talked about it with Dan
Duval and decided not to.
And Hollings
found out immediately.
And bragged that
he had her "handled."
And he had personal information
on her from her psychiatric file.
I assume that psychiatrist and Mr.
Hollings were acquainted.
He's on the Mattawin Studios
payroll as a consultant.
$3,000 a week.
ADAM: You think that Heidi
Ellison knew what was going on?
JACK: I don't know.
Well, if she did,
got a new murder suspect now?
Duval is not a suspect.
He was on a plane to LA
while Eddie Newman was
dumping a barong in Islip.
I'm sure the defense
will be happy to tell you
how Duval tossed it
out his airplane window.
Why give them that chance?
This whole thing's
just a dead end.
None of it
has to go to the defense.
It is one of the basic principles
of our system that the prosecution
must provide the defense
with any evidence it possesses
pointing to the innocence
of the accused.
That the District Attorney has such
evidence but has failed to turn it over...
How do you know that, Mr.
Gorton? That doesn't matter.
What matters is what
we don't know
because of the duplicity
of the prosecutors.
MALE REPORTER: Mr. McCoy,
what about this evidence?
Are you gonna turn it over?
We're going to do everything
that the law requires.
What about this evidence,
Mr. McCoy?
It doesn't come close
to meeting the standard
of Brady v. Maryland,
Your Honor,
since it is not material
to the guilt of the defendant.
GORTON: Someone other than the defendant
threatens to murder Ms. Ellison?
Someone else has a compelling
motive to kill her?
I'd say that's damn material.
I assume Mr. Gorton is referring to Mr.
Hollings and Dr. Duval,
neither of whom could have
possibly committed this crime.
Thank you, Ms. Ross, but I
prefer to do my own analysis.
JOYNER: At the very least,
materials should be submitted to
you for an in camera inspection.
That would be the Mattawin
Studios tape recording
and Dr. Duval's records of his
sessions with Heidi Ellison?
It's a waste of time.
I'm not busy tonight.
Have the materials
to me by 5:00.
I'll hear additional
arguments tomorrow morning.
Here are the rest
of the cases, Mr. McCoy.
Thanks...
Good luck.
For nothing.
Every decision with the word
"Brady" in it since 1963.
JACK: She could have
narrowed the search.
Apparently she couldn't.
We can forget about Novoa and Gonzalez
, they're broad and pro defense.
What about Simmons?
It specifically mentions
exculpatory evidence.
There's no reason to believe
this evidence is exculpatory.
Neal will come back with Gonzalez.
He always comes back with Gonzalez.
"The District Attorney must turn over
any evidence that might be exculpatory
"even if he
believes it is not."
Then I go to McMullen.
I only have to turn over " that which is
likely to affect the judgment of the jury."
Be careful how far you go with that, or he'll
slap you in the face with Jones.
(SIGHS) God, look at the time.
I've gotta go.
We're not quite done here.
I shouldn't have been away
from Katie this long.
I'm due in family court
in three days.
We have to go back
to Judge Callahan in 12 hours.
I'm sorry.
Where are your priorities?
If Gorton gets
a hold of this stuff,
he'll come up with some cockamamie
alternate theory of the crime.
A murderer could walk free.
And I could lose my daughter.
You know what, Jack?
That's an easy decision.
Not for an assistant
district attorney!
Fine, I quit.
JACK: People v.
McMullen says we only have to turn over
that which is likely to affect
the judgment of the jury.
I'm still at a loss to imagine how
this material would accomplish that.
People v. Jones addresses the issue of Mr.
McCoy's imagination.
"It is not for the District
Attorney to speculate unilaterally
"as to what evidence would be
helpful to the defendant."
All right, Mr. Gorton,
let's speculate with him.
How is this material likely to
affect the judgment of the jury?
GORTON: Very simply.
It provides a basis for an
alternate theory of the crime.
That Heidi Ellison was murdered by Dr.
Dan Duval.
JACK: Her therapist?
I demand an offer of proof.
GORTON: She found out
he'd betrayed her confidences.
She threatened to expose him
and destroy his standing
in the Hollywood community.
He killed her.
(PEOPLE MURMURING)
(GAVEL BANGING)
JUDGE: Order. Order.
Order. Order.
Mr. Gorton, this theory
of yours is based on...
The evidence
you received last night.
Supported by the testimony of,
among others, Eddie Newman.
Who has every reason to lie.
A man is on trial for his life.
I can't think
of more likely grounds
for overturning
a guilty verdict
than denying him
the defense of his choice.
I'll take that chance.
A reversal wouldn't blemish
your record, Mr. McCoy.
If you don't like
his theory, rebut it.
I order disclosure of all evidence and
all materials sought by the defense.
They're in my chambers, Mr.
Gorton. Come by anytime.
(GAVEL BANGING)
Your Honor, my client
and his ex-wife worked out
a detailed custody arrangement.
I've never seen one that specified which
television programs the child can watch.
Mr. Gorton is very concerned
about Katie's well-being.
He never contested primary custody
during the divorce proceedings...
Because Ms. Ross assured him
she would spend the requisite
number of hours with the client.
And he never sought it, until Ms.
Ross began prosecuting one of his clients.
Counselors, be quiet.
Ms. Ross, Mr. Gorton.
So, you're both working?
I'm in private practice with
five partners and 16 associates.
My schedule is flexible.
I've quit my job.
I'll be looking for one with shorter hours.
An empty promise.
She's made it before.
Katie has lived
with me her entire life.
Mr. Gorton is a weekend father.
I am her mother.
Mothers no longer
get automatic preference.
I get a whiff here of something
other than concern for the child.
You two try to work this out.
If you don't, I can't guarantee
that what I come up with
will make
either one of you happy.
We're adjourned.
I'm sure going
to miss seeing you in court.
(SIGHS)
How would I know what Heidi
Ellison might have said?
Well, how did she react to
that tabloid newspaper story
about her affair
with the actor Derek Morrow?
She was furious,
and rightly so.
The article implied that the affair
affected her business judgment.
Wouldn't she have been even
more furious at the discovery
that her psychiatrist was peddling her
confidences on Hollywood Boulevard?
Objection. There's no evidence Ms.
Ellison was aware of any such alleged impropriety.
Sustained.
Move on, Mr. Gorton.
So, Ms. Heiss, as far as you know,
Heidi Ellison was not aware
that Ben Hollings had hired
Dr. Duval to spy on her.
That's right.
And you were a very loyal
employee to Ms. Ellison.
I hope I was.
Whose loyal employee
are you now?
I still work
for Mattawin Studios.
For Ben Hollings?
Indirectly.
That's nice.
In the four years that you
worked with Heidi Ellison,
did you ever hear her say a
bad word about Dr. Duval?
No. Up to and including
the day she was killed?
No.
Thank you.
Redirect, Your Honor.
Ms. Heiss, what other spies in her
employ was Heidi Ellison unaware of?
I don't think anybody
was spying on Heidi.
What about you?
Me.
You.
What's this?
Is it a check made out to you in the amount
of $10,000 from the National Tattler,
dated one week after their
Derek Morrow story appeared?
Objection. What possible
relevance does this have?
One spy on Heidi Ellison might
cover up the discovery of another.
The objection is overruled.
Answer his question,
Ms. Heiss.
(CLEARS THROAT)
You don't understand.
I needed the money.
Ms. Heiss.
You never told Ms. Ellison
what you had done, did you?
No.
Because she would have destroyed
your career, wouldn't she?
Yes.
Just as she would have ruined Dr.
Duval if she'd known what he had done.
(DOOR CLOSING)
You're making me dizzy.
JACK: We're getting creamed.
It's nice that you and the media
finally agree on something.
The media.
There are reporters working full time
digging up dirt on Hollings and Duval,
making Gorton's case for him.
You're scared of some tabloid hacks?
Or is it Gorton?
(SIGHS)
He has an army of associates, racking
up billable hours in two time zones.
It'll take Jamie's replacement at
least a week just to get up to speed.
Gorton whispers the word "appeal,"
and the judge chokes on his gavel.
Murder two,
15-to-life, I'll be happy.
I'm not ready to concede victory
to Eddie Newman's wallet.
But I need some help.
Call Ms. Ross.
Maybe you could share the babysitting.
Katie, honey, you go upstairs
and start your video,
and I'll be up
in a second, okay?
Okay.
Bye.
Have a seat.
I don't have
a lot of time, Jamie.
We've been over this.
You know Gorton
better than anyone.
Jack.
He's doing everything
you loathe to win,
and he's getting away with it
because he scammed you.
I am afraid if I look away for
one minute, he'll take her.
The first week
we worked together,
you told me you believed in monsters
and things that go bump in the night.
You said they should rot in
hell, along with their lawyers.
Eddie Newman is a monster.
I can't send him to hell
without you.
HOLLINGS: Heidi harassed?
That's a joke, right?
She slept with one of her
own male assistants.
CANTER: We still have
to deal with the eventuality.
HOLLINGS: (SCOFFS)
I'll tell you...
Mr. Hollings, how did you know Heidi
Ellison slept with her assistant?
Dr. Duval told me.
He breached the confidentiality of
the patient-doctor relationship
to tell you
her intimate secrets?
I don't know what he breached.
His ethics weren't my concern.
JOYNER: Nor his, apparently.
Did he quote handle unquote
Ms. Ellison for you
by convincing her
not to testify against you?
Yes.
Why did he do this?
For money.
His consulting fee, plus I optioned
a screenplay he wrote for $100,000.
Why so much?
He said he was taking a chance.
If somebody found out what he
was doing, he'd be ruined.
Mr. Hollings,
Dr. Duval
handled Heidi Ellison
without her being aware of what
was going on, isn't that right?
That was the idea.
Because if she knew what he was
doing, the plan wouldn't work.
I wouldn't think so.
But the plan did work,
didn't it?
Yes. She decided
not to testify.
Thank you.
Jamie found the flaw
in their theory,
and drew a big
red circle around it.
Yeah. It's a good start.
I wish it were enough.
Look what Gorton's done.
The jury sees Ms. Ellison surrounded
by backstabbers and megalomaniacs.
The usual Hollywood crowd.
Any of whom the jury could
reasonably believe killed her.
Only Eddie Newman's
capable of it.
When he takes the stand, I'll try
to get the jury to see that, too.
It won't be that easy.
I know the drill.
Gorton's put Newman through boot camp.
Mock juries,
rehearsed cross examinations by
former prosecutors on videotape,
keeping eye contact with the
jury, what tie to wear.
If she's right, you better bring
something besides your boyish charm.
I had a couple of drinks
at the restaurant.
I was feeling pretty buzzed,
and I wanted
to go to see Heidi.
Dan, Dr. Duval,
said he'd come along.
And what happened when you and he
got to your ex-wife's apartment?
I had a new draft
of the Madame Bovary script.
I thought Heidi
might change her mind,
but she didn't even hear what I was saying.
She just laced into Dr. Duval.
About what?
I didn't really
quite follow it.
Something about calling his patients,
something about suing him.
I wasn't feeling too good.
I had a glass of scotch
from Heidi's bar,
Dr. Duval gave me
a couple of tranquilizers.
What happened next?
Heidi was yelling,
and he was yelling,
and I felt very tired.
The next thing I knew
I woke up on the bed.
Was Dr. Duval
still there?
Yeah.
And so was Heidi.
And she was lying next to me
with a big gash in her head.
She wasn't moving, and Dr.
Duval told me that I had done it.
And you believed him?
Yes.
(CRYING)
I have blackouts sometimes.
What did you do next?
I panicked.
I didn't wanna get caught.
And Dr. Duval told me
that if I cut her up,
if I got rid of the body,
everybody would think
it was some kind of lunatic,
that I'd be safe.
He told me exactly what to do.
He told you where to
dispose of her body parts?
Yes.
And her clothes and her rings.
(EXCLAIMS)
On the plane, when I was
looking at Heidi's ring, I...
The one I gave her.
I couldn't believe what I had done.
NEWMAN: I still loved her.
GORTON: Your witness.
Your grief might be
a little more convincing, sir,
if you hadn't just admitted
you cut off your wife's head.
Objection.
Withdrawn.
Mr. Newman.
Mr. Newman?
(SIGHS)
How long did it take
you to cut her up?
I don't remember.
I was in a daze.
(NEWMAN EXHALES)
Please show us
how you held the barong.
I told you,
I don't remember. I...
I was high on drugs, I was out
of my mind with fear and grief.
I'd just been told
I killed someone I loved.
Did Mr. Gorton warn you I'd put
the murder weapon in your hand?
It's an old prosecutor's trick.
Objection. Relevance?
I'll allow it.
Yes.
JACK: During one of your prep
sessions for today's testimony?
Maybe while you were watching a videotape
of yourself practicing your story?
(CHUCKLING NERVOUSLY) No, I...
Yes.
Was that when you rehearsed maintaining
eye contact with the jury?
Mr. Gorton told you to
do that, didn't he? Yes.
Did he also tell you
to suddenly remember
this alleged argument
between your former wife
and Dr. Duval?
No. I always remembered that.
You just never thought
it was important?
Well, I didn't know
everything then.
But now Mr. Gorton
has filled you in?
He told me to tell the truth.
Then let's try this again.
Please show us
how you butchered your wife.
(SIGHS)
Take it.
One hand or two hands,
Mr. Newman?
Two hands.
Show us.
(SIGHS)
How many times did you
strike Heidi's neck?
I'm not sure.
The Medical Examiner testified
there were two blows to the neck.
Did you do that?
Yes, that's possible.
You were very angry,
weren't you?
No, what do you mean?
The Medical Examiner testified
you struck her with such force,
you took her head clean off.
(CHUCKLES) I don't know.
The same with her hands
and her feet.
You were in a rage.
No.
And you had plenty to be angry
at her for, didn't you?
She was keeping you
from making a movie.
It was just a movie.
Just a movie that you had been
trying to get made for five years?
It wasn't that important.
Eight years ago,
you won an honorable mention
from the New York Film
Festival, isn't that right?
Yes, for my film
Crooked Street.
The critics said your " daring foray
into a new American Neorealism
"marked you as one of the most promising
artists of the American cinema."
That's right.
What's your current
movie about, Mr. Newman?
Talking bears?
Yes.
A daring Neorealist foray
into Jellystone Park?
Does that fulfill your
promise as an artist? No.
Heidi Ellison was keeping you from
fulfilling that promise, wasn't she?
Not just her.
Do you know what kind of
crap they wanted me to make?
JACK: But especially her.
She could have let you make
Madame Bovary, couldn't she?
Yes.
But she didn't, did she?
She gave me a choice.
The bears or a picture about a
dog who's granted three wishes.
I couldn't believe it.
You couldn't believe what,
Mr. Newman?
I had an actress, a bankable actress,
who was attached to Bovary,
but Heidi gives her $12 million
to do an asteroid movie instead,
because our marriage
didn't work out.
That vindictive bitch.
I could've made something...
Dr. Dan Duval had a motive.
He had opportunity.
And he had a confused, dependent
patient to manipulate,
just as he manipulated
Heidi Ellison.
Now, maybe some of you
aren't convinced.
It doesn't say anywhere
that you have to be convinced.
All you have to have
is a reasonable doubt.
Somebody else might have
committed the crime.
Reasonable doubt,
ladies and gentlemen.
If you have it,
you must acquit.
Everyone likes a good story.
Eddie Newman has made a career
of putting stories on film.
And the defense in this case
has told you a very good story
about a sleazy psychiatrist
and a man who believed
he'd committed a murder,
but recently realized
that he didn't.
What actually happened here is less
complicated and far more sordid.
A bitter, angry man
viciously killed his ex-wife,
dismembered her while she was still
alive, and then lied about it.
There's no clever twist
to the plot.
It's just the messy,
ugly truth.
Mr. Gorton has appealed to what
he calls reasonable doubt.
But reasonable doubt
is not any doubt.
God has given you all
the gift of common sense.
Use it.
Eddie Newman used this weapon
to hack to death, not the
woman he claimed he loved,
but the woman
he calls a vindictive bitch.
Find him guilty of murder.
JUDGE: Madam Forewoman, has
the jury reached a verdict?
FOREWOMAN: Yes,
Your Honor, we have.
JUDGE: Will the defendant
please rise?
On the sole count of the indictment,
murder in the first degree,
how does the jury find?
We, the jury, find the defendant
Edward Newman guilty.
You beat me.
Not where it counts.
Family court?
I'm ready to cry uncle there, too.
A letter to Judge Barone,
withdrawing my custody motion.
(SCOFFS)
It's not signed.
I'll sign it as soon
as McCoy announces
he won't seek the death
penalty for Eddie Newman.
(LAUGHING)
You're a bastard.
I'm a zealous advocate
for my client.
I'm trying to save his life.
The People of the State of New York will
decide what's right for your client.
Neal, all these years, and you still
don't know anything about me.
Jamie.
Yeah, the property clerk's
been dying to get this back.
I think he makes
his sandwiches with it.
Guilty and the death penalty.
You know, I thought
he was gonna walk.
Anybody wanna
go out for a drink?
Not me. I'm gonna have
supper with my wife.
Yeah. And I've got a date.
She's no Lisa Lundquist, but she's all right.
I know.
Dinner with Katie.
Whenever possible.
Tonight it's possible.
Started with a killing,
ending with an execution.
You got what you wanted.
Take the rest of the week off.
It's Friday, Adam.
So it is. See you Monday.
(DOOR CLOSING)
ANNOUNCER ON TV: Justice Week in Review
with Ben Tanner and Jerry Vance.
VANCE:
The big story this week
has to be the death sentence handed down
by the jury in the Heidi Ellison case.
---
NARRATOR:
In the criminal justice system
the people are represented by two
separate yet equally important groups,
the police
who investigate crime
and the district attorneys
who prosecute the offenders.
These are their stories.
Shirley Jackson's 1993 employee evaluation
said her motivation was above average.
Jackson?
That's the one who says
her boss snapped her bra?
That's Malone.
Jackson had a boob pinched.
You might want to try
keeping our clients straight.
What is it?
"Mattawin Studios
Executive Committee Meeting."
MAN 1: Only in America is this something
that we have to put up with.
You know, the Japanese,
they have the right idea.
Their women serve tea in the
office and they leave them alone.
MAN 2: Have you
seen the list of plaintiffs?
They all got hired in the first
place because they had nice racks.
I have a hunch this got put in
the discovery box by mistake.
MAN 2: How about Heidi?
Is she testifying?
MAN 1: I hope not.
She could hurt us.
MAN 2: What the hell
is she gonna say?
MAN 1: That she
witnessed harassment.
Maybe that she
was harassed herself.
MAN 2: Heidi harassed?
That's a joke, right?
She slept with one of her
own male assistants.
MAN 1: We still have to
deal with the eventuality.
MAN 2: (SCOFFS) I'll tell
you how to deal with it.
If she's gonna turn on us, somebody
should just kill the bitch.
Heidi Ellison?
That's the one who...
Yeah.
The one that was killed.
JUDGE:
Mr. Gorton, it's 9:45.
Oh, I'm sorry, Your Honor, but we just
need this table for our associates.
Can't they sit in the
first row of the gallery?
Oh, that's reserved
for the press.
I allocated
rows two and three for them.
That was before Mr. Dunne and Ms.
Brenner presented letters from their publishers.
Also we need to keep a place for Dr.
Duval, Mr. Newman's psychiatrist.
Are we going to be doing
therapy in the courtroom?
It is in everyone's interest that Mr.
Newman stay in a calm and alert mental state.
Also, Your Honor, have you had a chance to
consider our request for a fax machine?
The People do not believe that a fax
machine is required in the courtroom.
By the way,
we are ready to proceed.
So are we.
Here's Ms. Joyner now.
Ms. Joyner,
good morning.
Good morning, Your Honor.
These are my associates,
Mr. Nakamura and Mr. Levine.
You and me, Jamie.
They're from Dekom Flint Cummings.
Civil litigators.
Play it.
Our firm represents a group of
women suing Mattawin Studios
for sexual harassment.
$100 million.
This is a tape of a Mattawin
executive committee meeting.
They were worried because Heidi Ellison
was gonna testify for the plaintiffs.
MAN 1: We still have to
deal with the eventuality.
MAN 2: (SCOFFS) I'll tell
you how to deal with it.
If she's gonna turn on us, somebody
should just kill the bitch.
(TAPE SWITCHING OFF)
That wouldn't, by any chance,
be the person just put on trial
for killing the woman,
would it?
It's not his voice.
Yeah. I suppose it was
too much to hope for.
All right. Thank you very much for
bringing this to our attention.
Look into it.
See if it means anything.
First thing in the morning.
Neal Gorton's playing games
with our custody arrangement.
I gotta be home by 8:00.
Early, right?
Right.
I don't know what meeting
you're talking about.
(SCOFFS)
We have the minutes
you typed up, Mr. Canter.
Except you left out the part
about the customs of Japan
and killing the bitch.
I suppose the plaintiffs
are gonna use it anyway?
And so unfair.
Who suggested
killing Heidi Ellison?
Look, it doesn't mean anything.
You've charged
that crazy husband of hers.
Okay, Mr. Canter.
I can ask you the same
question on the witness stand.
Ben Hollings.
Her boss?
He's being sued
for $10 million personally.
He felt betrayed,
but the whole thing
turned out to be moot.
Why?
Heidi decided not to testify.
We heard a couple of days
before she was killed.
I already told the police everything
I know about Eddie Newman.
I was just Heidi's assistant.
I didn't live with her.
Actually, something's come
up about Ben Hollings.
Really? Well, he usually finds a way to
bring the subject around to himself.
We understand he was concerned
about some testimony
Heidi might give in
a sexual harassment lawsuit.
Yeah. He ought to be.
Heidi started out
as his assistant.
And nobody knows
a boss like an assistant.
Well, especially a boss
who pops into your office
naked every once in a while.
Heidi was gonna
testify about that?
About that, about the late night
summons to work sessions,
stupid jokes,
the unsolicited back rubs...
Was this still going on?
Well, not to her, but it was to
two assistants who were fired.
They asked for Heidi's help,
and she knew it was
a very big risk,
but she was gonna do it anyway.
The studio said
she changed her mind,
that she wasn't
going to testify.
JACK: And where did Mr.
Newman ask you to take him?
SINGH: To Islip on Long Island.
A road near the airport.
Next to a field
behind a school?
Yes. I think so.
The school where
the murder weapon was found.
Thank you.
Mr. Singh,
how do you get from Manhattan
to the Islip airport?
You take
the Long Island Expressway.
Where do you get off?
In Islip.
At what exit?
I don't really know because Mr.
Newman, he told me how to get there.
Well, how did you
know it was Islip?
Because he said
that's where he wanted to go.
But he could have
said that it was Islip
and pointed the way to Oyster Bay and
you wouldn't have known the difference.
I don't know
where Oyster Bay is.
Now when you dropped him off,
did you see the airport?
No, no.
It was before the airport.
Then how'd you know
that the airport was there?
Because Mr. McCoy found me
because I went to a gas station
and that gas station
is near the airport.
The man remembered me.
Mr. McCoy told me.
So that's how you know where
you dropped off Mr. Newman.
Because Mr. McCoy told you?
Yes. That's correct.
But I think Jack McCoy
definitely lost some points today.
Jerry, it's part of his job
to prepare his witnesses.
I did it myself
when I was a prosecutor.
And I did it when I
was a defense attorney,
but come on, Ben, it looked like McCoy
spoon-fed that guy his answers.
Mr. McCoy didn't do anything
wrong or even unusual.
The defense just made it
seem devious and sleazy.
Yeah.
Wasn't it great?
(TV SWITCHING OFF)
Who needs a jury?
We have commentators.
Next time,
try the cartoon channel.
That was the cartoon channel.
What's happening
with Ben Hollings?
His corporate flunky said he has no motive
since Heidi wasn't going to testify.
Her assistant says she was and
the plaintiffs' lawyers do, too.
What does Hollings say?
I'm about to find out in 15 minutes.
His helicopter's due.
I've heard about your behavior
toward women, Mr. Hollings,
I'm prepared
to adjust our case.
You know,
if Newman's convicted,
it's going to cost us millions.
Who's going to take their kids
to see a children's movie
directed by a guy
who cuts off heads?
So actually it's in your
financial interest to confess.
We can write it off.
I didn't kill Heidi.
I was in London at a film opening.
If you want a list of 2,000
alibi witnesses, call my girl.
CURTIS: Mr.
Newman told us he was in Los Angeles
the night of the murder, but later
we determined he was in New York.
JACK: Did Mr. Newman tell you
anything about his ex-wife?
Yes. He said he suspected she was
having a sexual relationship
with her personal trainer.
Thank you.
Did Mr. Newman seem upset about
this supposed relationship?
He seemed to shrug it off,
but later we determined he was
prone to fits of jealous violence
while they were married.
And you learned that from whom?
The detective who planted
evidence against Mr. Newman?
Objection.
JOYNER: I'll rephrase.
From the detective who allegedly
planted evidence against Mr. Newman?
It was corroborated
by other officers.
Friends of the detective
who allegedly planted
evidence against Mr. Newman?
Objection.
Sustained.
Okay, Detective Curtis.
Let's talk about your friends.
When you first flew to California, you
weren't after Mr. Newman, were you?
No. At that time
we had another suspect.
Evan Grant, Heidi Ellison's
personal trainer?
Yes.
But you changed your focus
to Eddie Newman after you
began a sexual relationship
with a woman who hates Eddie
Newman, isn't that right?
I don't know
what you're talking about.
You don't know Lisa Lundquist?
Yes, she's an executive
at Mattawin Studios.
JOYNER: Where Eddie Newman has consistently
thwarted her desire for promotion.
I wouldn't know
anything about that.
You don't know he refused to
have his movies supervised
by the woman
you were sleeping with?
Hey, I wasn't
sleeping with Ms. Lundquist.
Oh? She spent the night in your
hotel room for a script conference?
I wasn't even
in the room that night.
Is that why she came to visit
you in New York a week later?
Because she liked sleeping
in empty hotel rooms?
Objection.
JUDGE: Sustained.
Was Lisa Lundquist sleeping
with that other detective, too?
Were you all framing
Eddie Newman together?
Objection.
JUDGE: Sustained.
That's enough, Ms. Joyner.
JOYNER:
I'm sorry, Your Honor.
I have nothing further
for this witness.
I don't think
Hollings killed Heidi Ellison,
but remind me
never to go to work for him.
CURTIS: Hey. What the hell's
the matter with you, McCoy?
Why didn't you
stop that sooner?
I might have been able to
if you'd told me about it.
There's nothing to tell.
What was that about?
He's just a little upset
his wife's about to find out
he had an affair
on the evening news.
I told you, you should
have gone to bed with her.
You're getting the grief,
you should've had the gravy.
My specialties are victimology
and forensic psychology.
I'm a member of the American
Psychological Association
and the American Academy
of Forensic Sciences...
Your Honor, approach?
Over here.
We can see no possible relevance
in this witness's testimony.
She's never even
met the defendant.
She's published three articles
on the relationship between drug
abuse and violent behavior.
There's no proof
Mr. Newman ever took drugs.
Just the 2,000 pills
found in his apartment.
If they were still in his apartment,
he obviously hadn't taken them.
Is that a joke?
JUDGE: Let's take it into chambers.
Eddie Newman had more flavors of
benzodiazepines in his medicine cabinet
than Baskin Robbins.
He also had methamphetamines,
which taken in high doses can cause
episodes of violent paranoia.
If taken in high doses. Dr.
Duval here is prepared to testify
what doses of which drugs
he prescribed and why.
Those would be the drugs
there's no proof that he took?
The drugs taken in appropriate amounts under Dr.
Duval's medical supervision...
Excuse me, but Dr. Duval apparently
prescribed two methamphetamines...
DUVAL: Now, wait a minute...
...and six benzodiazepines.
That could only be appropriate if
Eddie Newman weighed 1,200 pounds.
Your Honor, these prescriptions are old.
You can see that for yourself.
I adjusted the medications to
suit Eddie Newman's changing...
Right, when he was high,
he needed to come down,
and when he was down,
he wanted to get high.
Dr. Olivet, where on earth is all
of this hostility coming from?
From seeing a psychotherapist
turn into a two-legged pacifier
for spoiled, rich...
Eddie Newman had insomnia.
He had trouble
controlling his diet.
He had a history of chronic pain and
a well-documented anxiety disorder.
You know as well as I do
that every one of those drugs
has a therapeutic use.
All right. Mr. McCoy,
Ms. Joyner, Mr. Gorton,
you can put on your witness
after Mr. McCoy puts on his.
We'll hear Dr. Olivet's
testimony tomorrow.
Score one for the good guys.
Trembling in my boots, Jamie.
I don't know which I'm
going to enjoy more,
seeing Newman go free
or seeing you lose.
Two vodka martinis.
Is it all about me?
You know I'm over that.
Of course.
I've seen your new associate.
(CHUCKLES)
Harvard Law Review.
And a round butt.
Just the way you like them.
What would you consider a
sufficiently satisfying defeat of me?
Acquittal.
The guy cut
his wife's head off.
You'd look damn good
getting man one.
Minimum sentence, three to six,
I could still look down on you.
We'd never go for it.
We are speaking
hypothetically, aren't we?
Just between us.
ADAM: " Other members of the defense
team reacted with anger and confusion
"to reports that Gorton had
discussed a plea bargain.
"Gorton issued a heated denial,
"but Hogan Place sources insisted
the discussion had taken place."
Now this news I like.
Shake her hand, Adam, I'm just
an old-fashioned prosecutor.
I try cases.
It makes them look weak.
How things look to some general audience
is not relevant in a courtroom.
Oh, will you wake him up,
Ms. Ross?
We're approaching
the 21st century.
It matters, Jack.
When are you gonna buy a new tie?
ROSS: You can't just turn off all
the cameras and the microphones.
What's next?
Timeouts for commercials?
We go into court with
soft drink logos on our backs?
The public'll get entertainment,
they won't get justice...
Mr. McCoy, do you expect another
plea offer from the defense?
That's up to them.
Is it true Ms. Joyner and Mr.
Gorton aren't speaking to each other?
WOMAN: Yeah.
MAN: Is that true?
This is a trial,
not a soap opera.
I wish you people
would remember that.
Ms. Ross? I'm sorry.
I have no comment.
That doesn't work, lady.
Ms. Ross.
You can't go in there.
Ms. Ross?
Jamie.
Allow me
to introduce Mr. Chao.
He's heading
our blood evidence team.
You son of a bitch.
I take it you got my notice.
Yeah. Here it is.
Not a legally persuasive
argument, Counselor.
We have a custody arrangement,
you're in breach.
How? By working late
once in a while?
Every night
for the last two months.
Katie thinks
Isabel is her mother.
She'd be better off with me.
She's my child.
Well, I'm sure we can work out
plenty of times for you to visit.
Coats everybody,
it's time to leave.
Can't Daddy come home?
Not tonight, baby.
Come on.
So you don't believe me?
I do believe you, Rey.
That's the problem.
I've believed everything
you said for nine years.
Then why don't
you believe me now?
I don't like feeling like this.
Everything is open to question.
Not you and me. Not the girls.
That's real. You know that's real.
Daddy, pick me up.
Yeah, baby.
(GRUNTS) You wanna see?
(PHONE RINGING)
CURTIS: Can you get that?
Hello?
Yes, he's here.
Who is it?
It's your girlfriend.
Hi.
CURTIS: Hi.
I usually have
a better sense of timing.
You want me to tell her what
a loyal husband you were?
Guess not.
I'm gonna do whatever it takes.
I gotta get back
with her and the kids.
So, that's a "no"
on the job offer
and on me.
You know what's going on.
Well, at least you didn't
turn out to be gay.
I called Jack McCoy and told
him that I want to testify.
About what, all the times
we almost had sex?
No. About what
the defense said.
How I influenced you
because I don't like Newman.
You didn't influence me.
I don't like Newman.
He messed with my career.
He was mad at Heidi for messing with his.
You think he wanted to be directing
A Tale of Two Yogis?
He sure looked like he did.
He spent five years developing an
American Madame Bovary.
Heidi put it in turnaround.
He was furious.
Why didn't you tell us before?
I couldn't prove it without
accessing confidential files,
which means
I'd be looking for a new job.
Here.
Everything Mattawin Studios
knows about Eddie Newman.
Why?
I'm in a funny business, Rey.
Everybody talks like hippies
and acts like
they're in the Sicilian mob.
I'm tired of it.
These memos are good.
Heidi Ellison definitely
put the kibosh on Newman.
So it was all worthwhile.
I'll tell my kids in 20 years.
Jack, Eddie Newman's
company credit card bill.
Dinner at Le Lapin,
$245, the night of the murder.
He put his whole life
on the company card.
It's a wonder he didn't
expense the murder weapon.
$245 is pretty steep for one.
Even at Le Lapin.
His expense report.
December 5, dinner with consultant
on Wilhelm Reich project,
Dr. Dan Duval.
He was with his shrink an hour
before he killed his wife?
Yes, I had dinner
with Eddie Newman that night
and then I took a cab
to Newark Airport.
And you didn't mention
this dinner to the police?
Well, Eddie had told the police
that he wasn't in New York.
I didn't think
it was any of my business
to cast undue suspicion
on a patient of mine.
Undue? He lied
about his alibi.
Yes, but he didn't
kill Heidi Ellison.
I was still counseling
both of them.
In fact, I spoke to Heidi
on the phone that morning.
You see, my dinner with Eddie Newman
that night was part of the therapy.
How do you know he didn't
kill her, Dr. Duval?
From conversations
I had with him,
which I can't repeat.
Oh. Well, that's
convenient, isn't it?
Your Honor, Mr. McCoy is aware
of the doctor-patient privilege.
That doesn't apply
to social conversations.
Dr. Duval, what did Eddie
Newman say to you that night
in his capacity as your friend?
It's impossible
for me to separate
Eddie Newman, patient,
from Eddie Newman, friend.
Everything he says to me is an
indicator of his mental state.
All right, Doctor.
You said you talked
to Heidi Ellison that day,
what did she say to you
about Eddie Newman?
Approach, Your Honor?
Ms. Ellison's conversations
with her therapist
are just as privileged
as Mr. Newman's.
Her privilege is not
Mr. Gorton's to assert.
It belongs to Heidi Ellison.
As far as I'm aware,
she hasn't waived it.
Her parents are in the gallery,
let me talk to them.
They can waive her privilege.
It's a wasted exercise.
Anything Dr. Duval
says she said is hearsay.
Why don't we fight about
one thing at a time?
Take the rest of the day and
get your waiver, Mr. McCoy.
We're in recess.
For a two-legged pacifier,
Duval kept pretty good
notes on his patients.
Ellison hated Eddie Newman
and she was afraid of him.
Heidi Ellison's sexual history.
Fifteen years in Hollywood,
I can only imagine.
She slept with
one of her assistants.
We've heard that before.
The Mattawin Studios
executive committee tape.
"Ben Hollings.
'Heidi harassed?
"'T hat's a joke. She slept with
one of her own male assistants.'"
(SCOFFS)
You think she told Hollings?
No, I don't.
Then who did?
Duval's notes on a therapy session
two days before Heidi died.
They discussed whether she should
testify in the sexual harassment suit.
She decided not to.
Not even the plaintiffs'
lawyers knew that.
Only Heidi Ellison
and Dr. Duval.
And the top executives
at Mattawin Studios.
CANTER:
I've been fired, you know.
I think my secretary put that tape
in the discovery box to screw me.
I'm sorry.
You told me you knew Heidi Ellison
had decided not to testify.
Right.
And you thought
I was lying, didn't you?
Yes.
Now I know you weren't.
Who told you?
Ben Hollings.
He almost bragged about it.
He said
Heidi had been "handled."
I have no idea what he meant.
Say it again, slowly.
Ben Hollings was afraid Heidi
Ellison would testify against him.
She talked about it with Dan
Duval and decided not to.
And Hollings
found out immediately.
And bragged that
he had her "handled."
And he had personal information
on her from her psychiatric file.
I assume that psychiatrist and Mr.
Hollings were acquainted.
He's on the Mattawin Studios
payroll as a consultant.
$3,000 a week.
ADAM: You think that Heidi
Ellison knew what was going on?
JACK: I don't know.
Well, if she did,
got a new murder suspect now?
Duval is not a suspect.
He was on a plane to LA
while Eddie Newman was
dumping a barong in Islip.
I'm sure the defense
will be happy to tell you
how Duval tossed it
out his airplane window.
Why give them that chance?
This whole thing's
just a dead end.
None of it
has to go to the defense.
It is one of the basic principles
of our system that the prosecution
must provide the defense
with any evidence it possesses
pointing to the innocence
of the accused.
That the District Attorney has such
evidence but has failed to turn it over...
How do you know that, Mr.
Gorton? That doesn't matter.
What matters is what
we don't know
because of the duplicity
of the prosecutors.
MALE REPORTER: Mr. McCoy,
what about this evidence?
Are you gonna turn it over?
We're going to do everything
that the law requires.
What about this evidence,
Mr. McCoy?
It doesn't come close
to meeting the standard
of Brady v. Maryland,
Your Honor,
since it is not material
to the guilt of the defendant.
GORTON: Someone other than the defendant
threatens to murder Ms. Ellison?
Someone else has a compelling
motive to kill her?
I'd say that's damn material.
I assume Mr. Gorton is referring to Mr.
Hollings and Dr. Duval,
neither of whom could have
possibly committed this crime.
Thank you, Ms. Ross, but I
prefer to do my own analysis.
JOYNER: At the very least,
materials should be submitted to
you for an in camera inspection.
That would be the Mattawin
Studios tape recording
and Dr. Duval's records of his
sessions with Heidi Ellison?
It's a waste of time.
I'm not busy tonight.
Have the materials
to me by 5:00.
I'll hear additional
arguments tomorrow morning.
Here are the rest
of the cases, Mr. McCoy.
Thanks...
Good luck.
For nothing.
Every decision with the word
"Brady" in it since 1963.
JACK: She could have
narrowed the search.
Apparently she couldn't.
We can forget about Novoa and Gonzalez
, they're broad and pro defense.
What about Simmons?
It specifically mentions
exculpatory evidence.
There's no reason to believe
this evidence is exculpatory.
Neal will come back with Gonzalez.
He always comes back with Gonzalez.
"The District Attorney must turn over
any evidence that might be exculpatory
"even if he
believes it is not."
Then I go to McMullen.
I only have to turn over " that which is
likely to affect the judgment of the jury."
Be careful how far you go with that, or he'll
slap you in the face with Jones.
(SIGHS) God, look at the time.
I've gotta go.
We're not quite done here.
I shouldn't have been away
from Katie this long.
I'm due in family court
in three days.
We have to go back
to Judge Callahan in 12 hours.
I'm sorry.
Where are your priorities?
If Gorton gets
a hold of this stuff,
he'll come up with some cockamamie
alternate theory of the crime.
A murderer could walk free.
And I could lose my daughter.
You know what, Jack?
That's an easy decision.
Not for an assistant
district attorney!
Fine, I quit.
JACK: People v.
McMullen says we only have to turn over
that which is likely to affect
the judgment of the jury.
I'm still at a loss to imagine how
this material would accomplish that.
People v. Jones addresses the issue of Mr.
McCoy's imagination.
"It is not for the District
Attorney to speculate unilaterally
"as to what evidence would be
helpful to the defendant."
All right, Mr. Gorton,
let's speculate with him.
How is this material likely to
affect the judgment of the jury?
GORTON: Very simply.
It provides a basis for an
alternate theory of the crime.
That Heidi Ellison was murdered by Dr.
Dan Duval.
JACK: Her therapist?
I demand an offer of proof.
GORTON: She found out
he'd betrayed her confidences.
She threatened to expose him
and destroy his standing
in the Hollywood community.
He killed her.
(PEOPLE MURMURING)
(GAVEL BANGING)
JUDGE: Order. Order.
Order. Order.
Mr. Gorton, this theory
of yours is based on...
The evidence
you received last night.
Supported by the testimony of,
among others, Eddie Newman.
Who has every reason to lie.
A man is on trial for his life.
I can't think
of more likely grounds
for overturning
a guilty verdict
than denying him
the defense of his choice.
I'll take that chance.
A reversal wouldn't blemish
your record, Mr. McCoy.
If you don't like
his theory, rebut it.
I order disclosure of all evidence and
all materials sought by the defense.
They're in my chambers, Mr.
Gorton. Come by anytime.
(GAVEL BANGING)
Your Honor, my client
and his ex-wife worked out
a detailed custody arrangement.
I've never seen one that specified which
television programs the child can watch.
Mr. Gorton is very concerned
about Katie's well-being.
He never contested primary custody
during the divorce proceedings...
Because Ms. Ross assured him
she would spend the requisite
number of hours with the client.
And he never sought it, until Ms.
Ross began prosecuting one of his clients.
Counselors, be quiet.
Ms. Ross, Mr. Gorton.
So, you're both working?
I'm in private practice with
five partners and 16 associates.
My schedule is flexible.
I've quit my job.
I'll be looking for one with shorter hours.
An empty promise.
She's made it before.
Katie has lived
with me her entire life.
Mr. Gorton is a weekend father.
I am her mother.
Mothers no longer
get automatic preference.
I get a whiff here of something
other than concern for the child.
You two try to work this out.
If you don't, I can't guarantee
that what I come up with
will make
either one of you happy.
We're adjourned.
I'm sure going
to miss seeing you in court.
(SIGHS)
How would I know what Heidi
Ellison might have said?
Well, how did she react to
that tabloid newspaper story
about her affair
with the actor Derek Morrow?
She was furious,
and rightly so.
The article implied that the affair
affected her business judgment.
Wouldn't she have been even
more furious at the discovery
that her psychiatrist was peddling her
confidences on Hollywood Boulevard?
Objection. There's no evidence Ms.
Ellison was aware of any such alleged impropriety.
Sustained.
Move on, Mr. Gorton.
So, Ms. Heiss, as far as you know,
Heidi Ellison was not aware
that Ben Hollings had hired
Dr. Duval to spy on her.
That's right.
And you were a very loyal
employee to Ms. Ellison.
I hope I was.
Whose loyal employee
are you now?
I still work
for Mattawin Studios.
For Ben Hollings?
Indirectly.
That's nice.
In the four years that you
worked with Heidi Ellison,
did you ever hear her say a
bad word about Dr. Duval?
No. Up to and including
the day she was killed?
No.
Thank you.
Redirect, Your Honor.
Ms. Heiss, what other spies in her
employ was Heidi Ellison unaware of?
I don't think anybody
was spying on Heidi.
What about you?
Me.
You.
What's this?
Is it a check made out to you in the amount
of $10,000 from the National Tattler,
dated one week after their
Derek Morrow story appeared?
Objection. What possible
relevance does this have?
One spy on Heidi Ellison might
cover up the discovery of another.
The objection is overruled.
Answer his question,
Ms. Heiss.
(CLEARS THROAT)
You don't understand.
I needed the money.
Ms. Heiss.
You never told Ms. Ellison
what you had done, did you?
No.
Because she would have destroyed
your career, wouldn't she?
Yes.
Just as she would have ruined Dr.
Duval if she'd known what he had done.
(DOOR CLOSING)
You're making me dizzy.
JACK: We're getting creamed.
It's nice that you and the media
finally agree on something.
The media.
There are reporters working full time
digging up dirt on Hollings and Duval,
making Gorton's case for him.
You're scared of some tabloid hacks?
Or is it Gorton?
(SIGHS)
He has an army of associates, racking
up billable hours in two time zones.
It'll take Jamie's replacement at
least a week just to get up to speed.
Gorton whispers the word "appeal,"
and the judge chokes on his gavel.
Murder two,
15-to-life, I'll be happy.
I'm not ready to concede victory
to Eddie Newman's wallet.
But I need some help.
Call Ms. Ross.
Maybe you could share the babysitting.
Katie, honey, you go upstairs
and start your video,
and I'll be up
in a second, okay?
Okay.
Bye.
Have a seat.
I don't have
a lot of time, Jamie.
We've been over this.
You know Gorton
better than anyone.
Jack.
He's doing everything
you loathe to win,
and he's getting away with it
because he scammed you.
I am afraid if I look away for
one minute, he'll take her.
The first week
we worked together,
you told me you believed in monsters
and things that go bump in the night.
You said they should rot in
hell, along with their lawyers.
Eddie Newman is a monster.
I can't send him to hell
without you.
HOLLINGS: Heidi harassed?
That's a joke, right?
She slept with one of her
own male assistants.
CANTER: We still have
to deal with the eventuality.
HOLLINGS: (SCOFFS)
I'll tell you...
Mr. Hollings, how did you know Heidi
Ellison slept with her assistant?
Dr. Duval told me.
He breached the confidentiality of
the patient-doctor relationship
to tell you
her intimate secrets?
I don't know what he breached.
His ethics weren't my concern.
JOYNER: Nor his, apparently.
Did he quote handle unquote
Ms. Ellison for you
by convincing her
not to testify against you?
Yes.
Why did he do this?
For money.
His consulting fee, plus I optioned
a screenplay he wrote for $100,000.
Why so much?
He said he was taking a chance.
If somebody found out what he
was doing, he'd be ruined.
Mr. Hollings,
Dr. Duval
handled Heidi Ellison
without her being aware of what
was going on, isn't that right?
That was the idea.
Because if she knew what he was
doing, the plan wouldn't work.
I wouldn't think so.
But the plan did work,
didn't it?
Yes. She decided
not to testify.
Thank you.
Jamie found the flaw
in their theory,
and drew a big
red circle around it.
Yeah. It's a good start.
I wish it were enough.
Look what Gorton's done.
The jury sees Ms. Ellison surrounded
by backstabbers and megalomaniacs.
The usual Hollywood crowd.
Any of whom the jury could
reasonably believe killed her.
Only Eddie Newman's
capable of it.
When he takes the stand, I'll try
to get the jury to see that, too.
It won't be that easy.
I know the drill.
Gorton's put Newman through boot camp.
Mock juries,
rehearsed cross examinations by
former prosecutors on videotape,
keeping eye contact with the
jury, what tie to wear.
If she's right, you better bring
something besides your boyish charm.
I had a couple of drinks
at the restaurant.
I was feeling pretty buzzed,
and I wanted
to go to see Heidi.
Dan, Dr. Duval,
said he'd come along.
And what happened when you and he
got to your ex-wife's apartment?
I had a new draft
of the Madame Bovary script.
I thought Heidi
might change her mind,
but she didn't even hear what I was saying.
She just laced into Dr. Duval.
About what?
I didn't really
quite follow it.
Something about calling his patients,
something about suing him.
I wasn't feeling too good.
I had a glass of scotch
from Heidi's bar,
Dr. Duval gave me
a couple of tranquilizers.
What happened next?
Heidi was yelling,
and he was yelling,
and I felt very tired.
The next thing I knew
I woke up on the bed.
Was Dr. Duval
still there?
Yeah.
And so was Heidi.
And she was lying next to me
with a big gash in her head.
She wasn't moving, and Dr.
Duval told me that I had done it.
And you believed him?
Yes.
(CRYING)
I have blackouts sometimes.
What did you do next?
I panicked.
I didn't wanna get caught.
And Dr. Duval told me
that if I cut her up,
if I got rid of the body,
everybody would think
it was some kind of lunatic,
that I'd be safe.
He told me exactly what to do.
He told you where to
dispose of her body parts?
Yes.
And her clothes and her rings.
(EXCLAIMS)
On the plane, when I was
looking at Heidi's ring, I...
The one I gave her.
I couldn't believe what I had done.
NEWMAN: I still loved her.
GORTON: Your witness.
Your grief might be
a little more convincing, sir,
if you hadn't just admitted
you cut off your wife's head.
Objection.
Withdrawn.
Mr. Newman.
Mr. Newman?
(SIGHS)
How long did it take
you to cut her up?
I don't remember.
I was in a daze.
(NEWMAN EXHALES)
Please show us
how you held the barong.
I told you,
I don't remember. I...
I was high on drugs, I was out
of my mind with fear and grief.
I'd just been told
I killed someone I loved.
Did Mr. Gorton warn you I'd put
the murder weapon in your hand?
It's an old prosecutor's trick.
Objection. Relevance?
I'll allow it.
Yes.
JACK: During one of your prep
sessions for today's testimony?
Maybe while you were watching a videotape
of yourself practicing your story?
(CHUCKLING NERVOUSLY) No, I...
Yes.
Was that when you rehearsed maintaining
eye contact with the jury?
Mr. Gorton told you to
do that, didn't he? Yes.
Did he also tell you
to suddenly remember
this alleged argument
between your former wife
and Dr. Duval?
No. I always remembered that.
You just never thought
it was important?
Well, I didn't know
everything then.
But now Mr. Gorton
has filled you in?
He told me to tell the truth.
Then let's try this again.
Please show us
how you butchered your wife.
(SIGHS)
Take it.
One hand or two hands,
Mr. Newman?
Two hands.
Show us.
(SIGHS)
How many times did you
strike Heidi's neck?
I'm not sure.
The Medical Examiner testified
there were two blows to the neck.
Did you do that?
Yes, that's possible.
You were very angry,
weren't you?
No, what do you mean?
The Medical Examiner testified
you struck her with such force,
you took her head clean off.
(CHUCKLES) I don't know.
The same with her hands
and her feet.
You were in a rage.
No.
And you had plenty to be angry
at her for, didn't you?
She was keeping you
from making a movie.
It was just a movie.
Just a movie that you had been
trying to get made for five years?
It wasn't that important.
Eight years ago,
you won an honorable mention
from the New York Film
Festival, isn't that right?
Yes, for my film
Crooked Street.
The critics said your " daring foray
into a new American Neorealism
"marked you as one of the most promising
artists of the American cinema."
That's right.
What's your current
movie about, Mr. Newman?
Talking bears?
Yes.
A daring Neorealist foray
into Jellystone Park?
Does that fulfill your
promise as an artist? No.
Heidi Ellison was keeping you from
fulfilling that promise, wasn't she?
Not just her.
Do you know what kind of
crap they wanted me to make?
JACK: But especially her.
She could have let you make
Madame Bovary, couldn't she?
Yes.
But she didn't, did she?
She gave me a choice.
The bears or a picture about a
dog who's granted three wishes.
I couldn't believe it.
You couldn't believe what,
Mr. Newman?
I had an actress, a bankable actress,
who was attached to Bovary,
but Heidi gives her $12 million
to do an asteroid movie instead,
because our marriage
didn't work out.
That vindictive bitch.
I could've made something...
Dr. Dan Duval had a motive.
He had opportunity.
And he had a confused, dependent
patient to manipulate,
just as he manipulated
Heidi Ellison.
Now, maybe some of you
aren't convinced.
It doesn't say anywhere
that you have to be convinced.
All you have to have
is a reasonable doubt.
Somebody else might have
committed the crime.
Reasonable doubt,
ladies and gentlemen.
If you have it,
you must acquit.
Everyone likes a good story.
Eddie Newman has made a career
of putting stories on film.
And the defense in this case
has told you a very good story
about a sleazy psychiatrist
and a man who believed
he'd committed a murder,
but recently realized
that he didn't.
What actually happened here is less
complicated and far more sordid.
A bitter, angry man
viciously killed his ex-wife,
dismembered her while she was still
alive, and then lied about it.
There's no clever twist
to the plot.
It's just the messy,
ugly truth.
Mr. Gorton has appealed to what
he calls reasonable doubt.
But reasonable doubt
is not any doubt.
God has given you all
the gift of common sense.
Use it.
Eddie Newman used this weapon
to hack to death, not the
woman he claimed he loved,
but the woman
he calls a vindictive bitch.
Find him guilty of murder.
JUDGE: Madam Forewoman, has
the jury reached a verdict?
FOREWOMAN: Yes,
Your Honor, we have.
JUDGE: Will the defendant
please rise?
On the sole count of the indictment,
murder in the first degree,
how does the jury find?
We, the jury, find the defendant
Edward Newman guilty.
You beat me.
Not where it counts.
Family court?
I'm ready to cry uncle there, too.
A letter to Judge Barone,
withdrawing my custody motion.
(SCOFFS)
It's not signed.
I'll sign it as soon
as McCoy announces
he won't seek the death
penalty for Eddie Newman.
(LAUGHING)
You're a bastard.
I'm a zealous advocate
for my client.
I'm trying to save his life.
The People of the State of New York will
decide what's right for your client.
Neal, all these years, and you still
don't know anything about me.
Jamie.
Yeah, the property clerk's
been dying to get this back.
I think he makes
his sandwiches with it.
Guilty and the death penalty.
You know, I thought
he was gonna walk.
Anybody wanna
go out for a drink?
Not me. I'm gonna have
supper with my wife.
Yeah. And I've got a date.
She's no Lisa Lundquist, but she's all right.
I know.
Dinner with Katie.
Whenever possible.
Tonight it's possible.
Started with a killing,
ending with an execution.
You got what you wanted.
Take the rest of the week off.
It's Friday, Adam.
So it is. See you Monday.
(DOOR CLOSING)
ANNOUNCER ON TV: Justice Week in Review
with Ben Tanner and Jerry Vance.
VANCE:
The big story this week
has to be the death sentence handed down
by the jury in the Heidi Ellison case.