Murder One (1995–1997): Season 1, Episode 13 - Chapter Thirteen - full transcript
the prosecution
and defense get friendly.
The truth is, I wanted
to have a beer with you.
Ha....
We have to finish this case in court
before I can...
-...invite you inside.
Hmm.
The kidnapping.
This has something to do with the case,
doesn't it?
Just give us our little girl back.
I want her back, Ted.
The lady said that she was with the
police and Daddy sent her to pick me up.
Please don't be mad at me.
She had a badge and everything.
So, what kind of person
would do such a thing, and why?
To send me a message.
What could Cross gain
out of doing something like this?
Discourage me from being
too aggressive during trial...
...painting him as Jessica's
real killer.
I'm not gonna be intimidated by him.
But I will be wary.
That's her.
She's the woman who took you?
Uh-huh. Is she here?
ln another room, sweetheart.
You won't see her.
And she's not gonna see me?
No. In fact, because
you did such a good job...
...your mom can take you home
right now.
Thank you very much, Gretchen.
You're welcome, Elizabeth.
-Bye, sweetheart. See you later.
Come on, Lizzie.
Thank you both for all you've done.
Darlene Carney.
Works as a teacher's aide
at Harrison Middle School.
Did she say anything?
Mitchell Garren, Esquire,
is now guiding the conversation.
The way the two of them tell it, she
never showed your daughter a badge.
The way the two of them tell it, she
never showed your daughter a badge.
She simply reacted to a situation.
-Which was what?
-Apparently Ms. Carney...
...straight from Good Samaritan school,
spotted your daughter near a park.
There were some transients
drinking a few feet away.
One of them made a comment,
started walking up to Elizabeth.
Carney felt a rescue was her civic duty.
At least that's the way Attorney Garren
sees it.
Any whiff of Richard Cross' cologne
in this matter?
Do you have some facts
I'm not aware of?
Just intuition.
Oh.... We're looking at everything,
counselor.
If we do find any evidence
of Cross' involvement...
...l assure you, we'll pursue it.
This way, Ms. Carney.
Hi, Teddy.
Sorry for what you must
have gone through.
But thank God your little girl
is safe and sound.
My daughter just made your client...
...the one who impersonated a cop
and kidnapped her.
Which, with all due respect to your
daughter who's been traumatized...
...by this whole affair, is at the bottom
of this tragic misunderstanding.
My daughter's simply confused,
is that it?
We all get confused from time to time.
Especially if we're influenced
by others.
If I hadn't been in that room with
my client, who knows what she...
...might have been coerced
into saying?
Anyway, Teddy, let's not try this thing
out here in the hallway.
God willing, we'll be able to avoid
this thing all together.
The DA goes after your client...
...you go after my daughter.
As I said, I'm sick
that this involves your kid.
But you know better than anyone, what
you do, what I do, it's all part of the job.
Best to your wife.
Now you know how we feel.
At 7:41 , I received a radio call
from communications, directing me...
...to respond to an "unknown trouble"
911 call at 1501 North Havenhurst.
I arrived at the apartment
at approximately 7:50...
...and encountered the maid,
who was extremely upset.
She directed me to the bedroom
where I observed the victim.
Was there any sign of a struggle
in the room, officer?
Yes. There was a shattered
Iamp next to the dresser...
...which appeared shoved out of place.
Candles knocked over.
The room was in disarray.
And the victim's body,
any signs of struggle there?
Yes. Welts and contusions on her thighs.
Yes. Welts and contusions on her thighs.
Bruising on her left wrist
where she was tied.
I'd say she put up a pretty good fight.
ln any circumstance where forcible rape
is suspected, as a matter of course...
...we'll do a vaginal exam
then run serological tests...
...if semen is present.
Was there semen?
-Yes.
Could you identify it?
Yes. It belongs to the defendant,
Mr. Avedon.
On what do you base that conclusion,
Dr. Ghafoor?
We ran a panel of DNA analyses,
isolating between 20 and 30...
...polymorphic sites on different
chromosomes.
Using restriction enzymes,
we analyzed DNA fragments...
...which vary with each individual.
The composite profile is unique
and determinative.
Within what margin of error, sir?
Virtually none.
The frequency of these genetic markers
in the population at large is...
...approximately one in 212 million.
Doctor, given your findings, have
you reached a conclusion as to whether...
...the sex engaged in by Jessica Costello
on the night of her death...
...was consensual or non-consensual?
Having observed lesions
on the inner thighs, abraded vulva...
...and tears on the vaginal wall...
...it is my conclusion
that the sex was non-consensual...
...violent and forcible.
What was the cause
of the victim's death?
As I testified at the preliminary hearing...
...there is no doubt she died
by manual strangulation.
The hyoid bone was fractured...
...and there were thumb and
finger marks at the base of the neck.
Can you tell the court, please,
the time of her death?
She died between the hours
of 10 p.m and 3 a.m...
...on the night of September 20th.
How can you be so sure, doctor?
When we back-time from the autopsy...
...indicia such as rigor mortis, lividity...
...liver temperature...
...corneal transparency,
digestive progress...
...all of that points to the time frame
l've given you.
Thank you. No more questions.
What's lividity, doctor?
It's a purplish discoloration...
...caused by blood settling
in a dead body.
When lividity is fixed...
...that means that the pooled blood...
...can no longer be shifted,
even when the body is turned.
Was there fixed lividity with respect
to Jessica Costello's body?
-Yes.
-Which told you what?
That the victim had been dead
six or eight hours...
...when discovered at 7:30
in the morning.
However, if the body had been moved...
...that would affect lividity and therefore
your estimate of time of death...
-...isn't that right?
It would.
But the body wasn't moved.
How do you know that, sir?
I read it in the investigator's
preliminary report.
You have no direct
knowledge of your own.
-You're taking someone else's word.
-Objection. Argumentative.
Sustained. Rephrase, Mr. Hoffman.
Did you personally examine the body
at the murder site?
-I did not.
-When did you first see it?
When it was delivered
to our laboratory...
...at 9:32 a.m.
So you have no personal knowledge...
...as to whether the body
had been moved.
Technically, that's correct.
When you say "technically," is there
some respect in which it's incorrect?
No.
Now, you mentioned body temperature
as a means of gauging time of death.
Yes.
-How does that work?
-The body loses heat at a rate...
...of one and a half degrees per hour.
When the temperature was taken
of the victim...
...it was 88.3 degrees.
That means she was killed
at approximately 2 a.m...
...which is within the time frame
set forth in my report.
What about the air conditioning?
-What about it?
-lf the air conditioning was set...
...significantly below
normal room temperature...
...that would accelerate the cooling
of the body, would it not?
Why would it be set below
the normal room temperature?
I don't know, sir.
I don't even know if it was on.
-Do you?
-No.
You don't know whether
or not it was a factor?
You're right. I don't know.
So let me see if I've got this straight.
You stated earlier that lividity and
body temperature were key factors...
...in your conclusion the victim died
between 10 and 3. Is that right?
-Yes.
-But you don't know if the body...
-...was moved before you saw it?
-Yes.
You acknowledge you have no idea what
the ambient room temperature was...
-...at the murder site. Is that correct?
-That's correct.
Then how can you state
with confidence...
...that the time of death was
between 10 p.m. and 3 a.m.?
Those aren't the only criteria.
Are the other criteria as reliable?
-Objection. Argumentative.
-Sustained.
Isn't it a fact, sir,
that the victim could have died...
...between 9 p.m. and 4 a.m.?
It's possible.
Between 8 and 5?
Within the limits of modern
forensic science, our estimate...
...was the best we were able to do.
But it's not a certainty, is it, sir,
that Jessica Costello died...
...between 10 and 3?
No.
No more questions.
One moment, please.
Miriam Grasso called.
She can see you in 20 minutes.
-On my way.
Got a minute?
Just barely, Arnold.
I just heard a rumor
that Richard Cross...
...has been receiving treatment
in a Phoenix clinic.
Supposedly, he's HIV positive.
My thinking is, if it's true, Jessica
could have been blackmailing him...
...and Cross would have a solid motive
for murdering her.
ls your source reliable?
It's coming out of the DA's office.
Get Ray Velacek on it.
Okay.
Come on in, Ted.
Have a seat.
Thank you, detective. I was just
getting an update on the investigation...
...in your daughter's case.
Still no witness, viable or otherwise.
But we're on it.
-I appreciate that.
-I hope Elizabeth's bearing up.
-I appreciate that.
-I hope Elizabeth's bearing up.
As well as can be expected.
I think we'll all feel better once you
file charges against Darlene Carney.
And you know, Ted, there is nothing
that would please me more.
-But?
-But it's a very circumstantial case.
l've pointed out to Ms. Grasso that the
woman admits to taking your daughter.
l've pointed out to Ms. Grasso that the
woman admits to taking your daughter.
And if Carney takes the stand and
testifies about how all she was doing...
...was rescuing a defenseless kid,
we're pushing a rock up a mountain.
Bottom line, Miriam, Carney took
my daughter and terrorized her.
Terrorized Annie and me.
I want you to move ahead on this.
Ted, don't be a father for a minute.
Be a defense attorney.
If you were representing this woman...
...you'd insist that the facts about how
Elizabeth got in that car were in dispute.
The facts that aren't in dispute are...
...that your daughter was never held
against her will.
She was held for less than an hour...
...and she was dropped off
three blocks from her house.
I'm not defending this woman, Miriam.
I hope you're not either.
I think Darlene Carney
abducted your daughter...
...and I'm gonna bust my ass
to prove it.
But, Ted...
...I'm gonna need Elizabeth to testify.
I'd prefer not to have Mitchell Garren
breathing all over her.
Well, unless we turn up new evidence,
we don't have a chance without it.
If Lizzie has to take the stand...
...she'll take the stand.
Fine.
ln the meantime, let's just hope
it won't be necessary.
I've been employed by
Pacific Bell for 13 years...
...the last six as a supervisor.
The phone company keeps
records of calls made by its customers.
-ls that correct?
-Certain calls, yes.
-Which ones?
-Cellular calls.
And intra-LATA, or local toll calls
between adjacent area codes.
Such as, say, between Hollywood
and Santa Monica?
Yes. We electronically download the
information into an accumulation file...
...for billing later.
Do your records show any calls
from Jessica Costello's apartment...
...on the night of September 20th
or 21st?
Yes. There were three calls
made from that location.
The first at 7:52 p.m. to the Nuart
Theatre's film information line...
...the second at 1 :20 a.m...
...to a cellular phone registered
to Mr. Richard Cross...
J
...and the third at 1 :45 a.m.
out to Santa Monica.
Where in Santa Monica?
We traced it
to a drug rehabilitation center...
...known as lephyr House.
I was on duty when the call came in.
As Dr. Lester's nurse,
are you familiar with his patients?
Yes.
-Who called lephyr House clinic...
...at 1 :45 in the morning
on September 21st?
Neil Avedon.
How do you know that?
He said, "This is Neil Avedon."
-Did you recognize his voice?
-Yes.
How would you describe his affect?
He was upset.
He wanted to talk to Dr. Lester.
Was Dr. Lester there?
Yes. He sleeps at the clinic
three nights a week.
-And did he see him?
-Yes.
Would you please tell the court
what happened at 2:25...
...on the morning of the 21st?
Mr. Avedon arrived at the clinic.
Would you describe
his appearance, please?
He appeared anxious.
He rushed in, no hello or anything...
...and demanded to see Dr. Lester.
Did Dr. Lester see him?
Yes. He came out and took Mr. Avedon
into his office.
Thank you, Ms. Dominick.
Nothing further.
Do you normally work at 1 :45
in the morning?
No.
Just there in the middle
of the night to take this call?
I was helping out.
I do it once or twice a month.
How long was your shift?
Eight hours.
From about midnight to 8 a.m.
May I approach the witness, Your Honor?
Let the record show I'm handing the
witness people's exhibit number 43.
Do you recognize it, Ms. Dominick?
It's the clinic phone log from that night.
ln which calls have been entered
from 4:30 in the afternoon...
-...until 6:30 the next morning, correct?
-Yes.
-Whose handwriting is this?
-Mine.
If you started at midnight...
...why did you make entries beginning
seven and a half hours earlier?
I spilled coffee on the log.
It was a mess.
-I rewrote it.
Is that the usual procedure?
Any time you soil a page,
you rewrite it?
-It's happened before.
-How many times?
I don't recall.
-Do you have the original log?
-No.
That wouldn't be because you
had to go back and insert a call...
...by Neil Avedon
which he never made, would it?
No, it would not.
Now, this phone call which you claim
occurred at 1 :45...
...how long did it last?
Ten, 15 seconds.
During which time Mr. Avedon
identified himself.
-ls that correct?
-Yes.
If I told you I was Robert Redford,
would you believe it?
Like I said, I recognized his voice.
You've spoken to him
over the phone before?
Yes.
-How many times?
-Eight or nine.
-For what duration on each call?
Twenty seconds, something like that.
And how long have you been
employed by Dr. Lester?
-About a year.
-So that would equal a total...
...of three minutes over a year.
-Okay.
-Can you identify...
...all of Dr. Lester's patients
over the phone?
No.
ls it your testimony
that even though you cannot...
...identify all of Dr. Lester's patients...
...you were able to identify
Neil Avedon's voice...
...on the basis of a total of three
minutes' conversation over a year?
Yes.
Thank you.
No more questions.
Where are we on the HIV rumor?
Word from the ground crew is,
Cross' jet lands at Sky Harbor Airport...
...in Phoenix about once a month...
...but he owns Desert Industries.
It could be business.
The Freedman Clinic?
-No record of him.
I checked Davey Blalock's phone logs.
He got four calls from a Donald Losey
in Scottsdale.
He got four calls from a Donald Losey
in Scottsdale.
The only one Davey returned
was two days before he got killed.
I called Losey. He was coy. He didn't
want to say much on the phone.
Did he confirm the rumor?
His source pegs Cross as a sick man.
And he can prove it.
Which he'll do
out of the goodness of his heart.
Plus a figure to be negotiated with you.
Does this rumor fly, Ray?
Given Cross' lifestyle...
...hookers, multiple partners...
...guys, for all we know...
...l wouldn't rule it out.
Bring Losey in.
-I want to see him tomorrow.
-Okay.
Hey.
Hey.
-Hey. How are you?
l've been thinking about what I told
you last night.
-What?
-That rumor about Richard Cross.
-Oh....
-I shouldn't have. It's--
It's internal stuff.
You haven't told anybody, have you?
Why would I tell anyone?
I don't-- I'm being--
Am I being paranoid?
Don't worry, okay?
-Okay.
-Okay.
Wanna go get something to eat?
I can't. It's gonna be another hour,
hour and a half.
-I'll wait.
-Okay.
-Come pick me up at home.
-Okay. Sure.
Ted?
-What is it, Arnold?
About that Cross rumor,
it's probably nothing.
-lt may very well be.
-Yeah. I mean, Richard Cross, HIV....
If we were to listen to every,
you know, crazy rumor it would be a--
Ray Valecek with a Mr. Losey
from Scottsdale.
Scottsdale?
Donald Losey, the source of the rumor,
Ray tracked him...
...through Dave Blalock's phone logs.
And he's here?
I need to take this, Arnold.
Hey, nice office.
A lot better than that coach section
of the plane I just got off of.
How do you do, Mr. Losey?
You know what they served us
the entire flight? Peanuts.
Not even honey-roasted ones.
Salted.
First class, almonds.
Ray tells me you have some information
on Richard Cross.
That I do.
Tell us about it.
First, let me say, until we come
to some kind of arrangement...
...this is all on deep background.
Understood.
Couple months ago, I'm reading
about this Goldilocks case.
There's Richard Cross in the paper.
A friend of mine says,
"Hey, I know that guy."
I say, "Right...
...you know someone
worth $400 million...
...and I'm having oysters
at the Rockefellers."
He says, "No, I've s,e, en him
at the clinic.
-This is the Freedman Clinic?
He works night security there.
For the past year, he's seen
this guy, Cross, come in...
...always at night, always
through the rear entrance.
How does he know Richard Cross
is being treated for HIV?
The doctor treats only AIDS patients.
Doesn't take Sherlock Holmes.
Mr. Losey...
...l contacted the Freedman Clinic.
-They have no record of a Richard Cross.
-Guy like that doesn't want to advertise.
He checks in under a false name.
Which you want to sell to us.
Let me paint you a picture, Mr. Hoffman.
This Costello girl...
...she's into drugs, sex.
She's HIV positive.
Cross has sex with her.
He gets a blood test,
finds out she's infected him.
What's his 400 million gonna buy
him now? A nicer casket?
He feels despair, then anger,
then a powerful thirst for vengeance.
He goes to her place, he strangles her.
Now he's looking at spending the rest
of his short, sweet life in prison.
So he frames this Avedon.
Big finish. Fade to black.
And the retail value of this wisdom?
Let's say 25,OOO.
That includes the name,
plus my testimony.
Your testimony to what?
To my theory of the case.
Leave your number with my secretary,
Mr. Losey.
We'll be in touch.
Just don't take forever.
I could have shopped this
to the tabloids, but I came to you.
You're not interested,
the S.S. losey sails.
You're not interested,
the S.S. losey sails.
What a citizen.
It's all hearsay.
A name which may or
may not check out.
If Cross is HIV,
we'll never prove it by him.
I'll stay on it.
We were best friends back in Minnesota.
After I moved to L.A. I kept telling
Jessica she had to come out here.
And then one day she just showed up.
She said she was living with her sister
in Hollywood.
How long after that did she meet
Neil Avedon?
A couple of weeks. This was...
...before my drug rehab,
so we were both pretty wild.
We'd crashed this party in Beverly Hills,
and Neil was there.
How would you describe their
relationship in the beginning?
Jessica was crazy about him.
I mean, Rickie Carew from all for One.
Who wouldn't be?
But things changed?
Neil started acting like he owned her.
Showing up at all hours,
expecting her to drop everything.
If she told him she had other plans,
he'd blow up.
ln what way?
Once, when she said she wanted
to break up with him, he hit her.
Was this the only time you
ever witnessed the defendant being...
...violent toward Jessica?
There was one other time.
At the Viper Room
the week before she died.
Jessica was showing off
this gold bracelet Neil had given her.
She goes to their table, and some girl
he used to go out with is all over him.
She asks him what was going on,
and he didn't even apologize.
He hit her, right across the face.
So Jessica just threw the bracelet
at him and stormed off.
Is this the bracelet?
Yeah, that's it.
The same bracelet that was found in
Jessica's apartment on the morning...
...of September 21st.
Objection.
This witness has no direct
knowledge of the crime scene.
Withdrawn, Your Honor. We ask that
this be marked people's exhibit 56.
So ordered.
Ms. Savard, did you have an occasion
to accompany Jessica and Mr. Avedon...
...to a sex shop in West Hollywood
called The Pleasure Chest?
-Once.
-Would you describe the incident?
Um, Neil was buying all these sex toys.
You know, flavored jelly,
a pair of edible panties.
And he holds up
these Velcro wrist restraints...
...and says to Jessica,
"How about these?"
Objection. Hearsay.
Goes to the defendant's
modus operandi.
I'll allow it for that limited purpose.
Proceed, Ms. Grasso.
How did Jessica react?
"Like, no way."
Meaning she wasn't interested?
No, she hated the idea.
I mean, being tied up was not her thing.
So, what did Mr. Avedon do?
He bought them anyway.
Even though she indicated...
-...she did not want to be tied up?
-Yeah.
Are these similar to the restraints
Mr. Avedon purchased that day?
Objection.
There's nothing in the police report
which indicates that restraints...
...such as these were used
in the commission of this crime.
Sustained.
Ms. Savard, I have
just one more question.
Would you describe for us Jessica
in the last week of her life?
Up. Really up.
She'd started coming to CA meetings
with me.
She had a sponsor and everything.
That's what's so sad about her dying.
She was finally over Neil.
She was finally getting her life together.
Thank you very much, Ms. Savard.
Nothing further.
Mr. Hoffman, given the hour,
I think we'll break for lunch here.
Court will resume promptly at 1 :30.
I'm telling you, this chick
has it in for me.
She was always tagging along with us,
trying to turn Jessica against me.
And that Viper Room thing...
...Jessica hit me first.
All I did was react.
I believe you, Neil.
The problem is, the jury believes her.
Did you see Antonelli leaning forward
when Grasso held up those restraints?
Scary.
She buried me in there.
We haven't gotten our rounds in.
Well, she's pretty sympathetic, Ted.
We hurt this girl,
the jury could turn on us.
It's a chance we got to take.
Ms. Savard, you stated
in your direct testimony...
...that you moved to Los Angeles...
...before Jessica. Did you make
that move with your family?
I ran away from home.
And what did you do for a living
after you arrived here?
Odd jobs. I tried some acting.
Any success?
I had a few auditions.
And how many of those auditions
resulted in work?
None.
Did you get an agent?
One or two were interested.
-No.
-After failing to become an actress...
...you tried to become a model,
didn't you?
-Yeah.
-Were you able to find work in that field?
No.
When Jessica moved out here, did you
make a point to show her around L.A...
...to help her discover which were
the best parties, the best clubs?
Yeah, sure.
It wasn't too long after that
that she met Neil Avedon, correct?
A couple of weeks.
How did that make you feel?
Here you were in L.A. first...
...and Jessica was the one
who landed a big TV star.
I was happy for her.
And a little attracted to Neil yourself?
No.
Ms. Savard, do you recall
Neil's last birthday?
Objection. Your Honor,
what is the relevance of this?
lt goes to the witness's motive in
testifying against Mr. Avedon, judge.
I'll allow it.
Ms. Savard, you may answer.
Do I recall his last birthday?
-Not really.
-Do you remember showing up...
...at his trailer at the studio
where he was working?
I guess so.
And how were you dressed?
I had on a raincoat.
And underneath the raincoat,
what were you wearing?
Um.... Nothing.
You had something
attached to your wrist?
Some balloons that said
"Happy Birthday, Neil."
Would I be correct
in assuming you were offering...
...to have sex with Mr. Avedon?
ls that a yes?
Yes.
Did he accept your offer?
No.
So you were unable to become
an actress...
...you failed as a model...
...and then your best friend's boyfriend
turned you down...
...when you offered yourself to him.
Was all that rejection difficult for you?
You're twisting everything.
Ms. Savard, when you look at Neil
Avedon, doesn't he represent...
...the pain of all those failures?
Isn't that the real reason you're
testifying against him here today?
-No--
-Your Honor--
You make me out to be a liar!
You're making me out
to be a terrible person!
I didn't like Neil because he was mean
to Jessica and I was her friend.
He wasn't her friend. I was her friend!
There you are.
Thank you.
What's the matter?
Do I have to tell you?
Yes.
Grasso took us to the woodshed
on talking out of school today.
A man named Donald Losey
came to her office and said that...
...Hoffman and Associates had flown
him to L.A. to discuss Richard Cross...
...being HIV positive.
Oh, that.
Yes, that, Arnold.
You not only betrayed
my confidence...
...you lied to me
when I asked you about it.
Or as I now remember it, you weaseled
out of directly answering me.
Strictly speaking, yeah.
-"Strictly speaking--"
-Cheryl, you're upset.
And you have every right to be,
so let's...
-...have dinner and I'll explain--
-I have a better idea, Arnold.
Why don't you take a flying leap
off the Hollywood sign?
You make me out to be a liar!
You're making me out to
be a terrible person?
I didn't like Neil because he was mean
to Jessica and I was her friend.
He wasn't her friend. I was her friend!
That was Kimberly Savard. falling
apart on the stand this afternoon...
...under the steady.
devastating cross-examination--
How'd it go today?
-You tell me.
-Sorry, I missed it.
I had to get Lizzie registered
for gymnastics.
And Ruth Susskind called to say
her car broke down.
I spent the afternoon chauffeuring
her kids around.
Hello?
Hi, Arnold. Just a minute.
I'm gonna take this upstairs.
Yeah.
We're calling Mr. Cross
to the stand for only one purpose.
To establish the time
of Jessica Costello's death.
It's the cornerstone of the people's case.
And as such, it's essential that we
Iay out that case without defense...
...attempting to obfuscate matters.
For this reason, we are
asking the court to limit the scope...
...of Mr. Hoffman's
cross-examination...
...to the events of September 20th
and 21st, as outlined in our petition.
Mr. Spivak?
Your Honor, Clarence Darrow once
called the right to cross-examine...
...the great engine of truth.
ln filing this motion, Ms. Grasso
is making a naked attempt...
...to limit Mr. Avedon's rights,
as laid out in the Sixth Amendment.
Further, as the court is no doubt
aware, Mr. Cross was arrested...
...for this crime prior to Mr. Avedon
and lied to police when questioned.
Any limitation of the defense's right
to expose his lack of credibility...
...would be a further abrogation
of Mr. Avedon's rights.
Don't you still have the right to call
Mr. Cross in your own case?
You can't un-ring a bell weeks
after it's been rung, Your Honor.
The jury will hear this man.
God forbid, they may even believe him.
It's imperative that they understand
his motives in testifying.
-ln conclusion--
Let me conclude for you.
Notwithstanding his arrest and release
in this case...
...if you want to ask him
if he killed President Kennedy...
...if you want to ask him if he was in
Oklahoma City the day of the bombing...
...examine those issues during
your own case, not the people's.
Motion granted.
At 1 :20 on the morning
of September 21st of last year...
...did you receive a phone call
from the victim, Jessica Costello?
-Yes, I did.
-How did she seem to you?
Agitated. Frightened.
What, if anything, after receiving
that call, did you do?
I drove to her apartment.
I entered.
I found her naked,
tied to the bed.
She was dead.
Did you notice the time?
By my watch, it was 2:OO.
Thank you, sir. Nothing further.
Mr. Cross, prior to receiving the call
you just described...
...how did you know Jessica Costello?
I have a relationship
with her older sister, Julie.
A sexual relationship?
-Yes.
-How about Jessica?
Did you have a sexual relationship
with her?
Objection. Outside the scope.
Sustained.
-No, Mr. Hoffman...
...l did not have a sexual
relationship with Jessica Costello.
Mr. Cross, when I sustain an objection,
that means you do not answer.
My apologies, Your Honor.
Strike the last remark.
The jury will disregard it.
-Proceed, Mr. Hoffman.
-Mr. Cross, did you ever provide...
-...Jessica Costello with drugs?
-Objection. Outside the scope.
Sustained.
Did you ever take drugs with her?
Same objection.
-Sustained.
-Mr. Hoffman, don't push me on this.
Sorry, Your Honor.
-Mr. Hoffman, don't push me on this.
Sorry, Your Honor.
You stated that Jessica Costello
called you at approximately 1 :20...
-...correct?
Yes.
And you arrived at her apartment when?
As I testified, Mr. Hoffman, 2:OO.
By my watch, that's 40 minutes.
Where were you?
At a club downtown.
And it took you 40 minutes to reach
Hollywood at that hour?
You're assuming that I left immediately.
-I didn't.
-Why not?
My car was valet parked. I had to wait
for them to drive it around.
I don't understand.
You just described Ms. Costello
as being frightened, agitated.
This didn't suggest to you
a certain urgency?
This was not the first phone
call like this that I had received from her.
I thought she was exaggerating.
Presumably, this changed after you
found her body.
Of course.
Are you sure you didn't arrive earlier?
Say, 1 :40?
I arrived at 2:OO.
And you're telling us the truth?
Yes.
Well, whenever you arrived,
after finding Ms. Costello dead...
...did you call the police?
No, Mr. Hoffman, I didn't.
You found a 15 year-old dead girl,
naked, tied to a bed...
...the sister of a close friend...
...and yet it never occurred to you
to contact the authorities?
I was with a young woman.
I did not want to involve her.
Why is that?
There was a situation
with a jealous husband.
ln retrospect,
I exercised poor judgment.
Some might call it criminal neglect.
Some might call it criminal neglect.
Objection--
You've been warned.
Withdrawn.
Mr. Cross, you found this girl dead,
and you never called the police.
-Did you call anyone else?
-No.
Are you certain you didn't place a call
to lephyr House at 1 :45?
A call Dr. Lester's nurse has previously
attributed to Neil Avedon?
I'm quite certain.
And are you equally certain that you
aren't Jessica Costello's killer?
I'm positive, Mr. Hoffman.
If you're detecting
a little ea_ de brimstone in the air...
...it's Richard Cross.
Bloody but unbowed, Teddy.
I'm glad, Richard.
Not that I didn't think
you'd come after me.
You warned me as much
when you took on Neil's case.
And if I've helped the cause...
...I'm more than happy.
But what disappoints me, Teddy...
...is to hear that you've been spreading
an ugly rumor about me.
I wasn't aware that I was.
Do you know how this whole HIV thing
got started?
Two years ago, I put in a bid
for Crescent Electronics.
And as they usually do in these matters,
things got ugly.
To drive me out of the bidding...
...my competitors decided to spread
a rumor that I was T cell deficient.
lt was nonsense, of course...
...but my backers got so nervous
that I had to get tested.
My doctor still has the results,
if you're interested.
That won't be necessary.
Good, good.
Because if anybody knows how harmful
unfounded allegations can be...
...it's you, Teddy.
How's Lizzie?
Recovering.
Excellent.
I would hate to think that that incident
would have any permanent effect.
There's nothing more precious
than a child's innocence.
If there's nothing else, Richard....
Of course. Of course.
The great ones never rest.
Right, Teddy?
Good night.
What did Cross want?
To deny that he's HIV positive and
to accuse me of spreading the rumor.
How'd he know?
Best guess...
...he's got a mole in the DA's office.
Meaning the rumor's true or it isn't?
After Losey, I was prepared to say no.
But when Richard Cross tells me
there's no smoke...
...l look for fire.
O. G-R-O-U-N-D.
I think he'll like that one.
Daddy.
How's my girl?
Mommy says I can get a hamster...
...but I have to ask you first.
A hamster?
Sure.
We'll go to the store
on Saturday, sweetheart.
I'm going to call Becky Meyers.
All she has is a box turtle.
All she's been through, I figured....
I talked to Miriam after court today.
She said we should get Lizzie ready
for the preliminary hearing.
Annie, I don't want her to go
through this any more than you do.
But unless she testifies...
...this woman who took her will go free.
Will she go to jail if Lizzie does
testify?
-I don't know.
-Not good enough.
Annie, we can prepare her.
Miriam will do everything she can to...
...protect her.
The way she protected that girl
from you yesterday?
I thought you missed that.
No.
I saw it. I didn't want to tell you,
but I saw it.
Brutal as it was, I saw it.
And I will not let some defense
attorney do that to Lizzie.
Our daughter can't be
cross-examined on her...
...failed attempts to hand-deliver
herself to Neil Avedon.
So they'll ask her how many cookies
she stole in kindergarten...
...whether she ever cheated
at dodge ball. And they won't stop...
...until they've broken her down,
just the way you did with that girl.
-Annie, listen to me--
-No, you listen to me.
I don't care if this woman goes free.
Lizzie's not going
anywhere near a courtroom.
Not as long as I can draw a breath.
Subtitles by
SDl Media Group
OCR extraction
by D.Lauper
and defense get friendly.
The truth is, I wanted
to have a beer with you.
Ha....
We have to finish this case in court
before I can...
-...invite you inside.
Hmm.
The kidnapping.
This has something to do with the case,
doesn't it?
Just give us our little girl back.
I want her back, Ted.
The lady said that she was with the
police and Daddy sent her to pick me up.
Please don't be mad at me.
She had a badge and everything.
So, what kind of person
would do such a thing, and why?
To send me a message.
What could Cross gain
out of doing something like this?
Discourage me from being
too aggressive during trial...
...painting him as Jessica's
real killer.
I'm not gonna be intimidated by him.
But I will be wary.
That's her.
She's the woman who took you?
Uh-huh. Is she here?
ln another room, sweetheart.
You won't see her.
And she's not gonna see me?
No. In fact, because
you did such a good job...
...your mom can take you home
right now.
Thank you very much, Gretchen.
You're welcome, Elizabeth.
-Bye, sweetheart. See you later.
Come on, Lizzie.
Thank you both for all you've done.
Darlene Carney.
Works as a teacher's aide
at Harrison Middle School.
Did she say anything?
Mitchell Garren, Esquire,
is now guiding the conversation.
The way the two of them tell it, she
never showed your daughter a badge.
The way the two of them tell it, she
never showed your daughter a badge.
She simply reacted to a situation.
-Which was what?
-Apparently Ms. Carney...
...straight from Good Samaritan school,
spotted your daughter near a park.
There were some transients
drinking a few feet away.
One of them made a comment,
started walking up to Elizabeth.
Carney felt a rescue was her civic duty.
At least that's the way Attorney Garren
sees it.
Any whiff of Richard Cross' cologne
in this matter?
Do you have some facts
I'm not aware of?
Just intuition.
Oh.... We're looking at everything,
counselor.
If we do find any evidence
of Cross' involvement...
...l assure you, we'll pursue it.
This way, Ms. Carney.
Hi, Teddy.
Sorry for what you must
have gone through.
But thank God your little girl
is safe and sound.
My daughter just made your client...
...the one who impersonated a cop
and kidnapped her.
Which, with all due respect to your
daughter who's been traumatized...
...by this whole affair, is at the bottom
of this tragic misunderstanding.
My daughter's simply confused,
is that it?
We all get confused from time to time.
Especially if we're influenced
by others.
If I hadn't been in that room with
my client, who knows what she...
...might have been coerced
into saying?
Anyway, Teddy, let's not try this thing
out here in the hallway.
God willing, we'll be able to avoid
this thing all together.
The DA goes after your client...
...you go after my daughter.
As I said, I'm sick
that this involves your kid.
But you know better than anyone, what
you do, what I do, it's all part of the job.
Best to your wife.
Now you know how we feel.
At 7:41 , I received a radio call
from communications, directing me...
...to respond to an "unknown trouble"
911 call at 1501 North Havenhurst.
I arrived at the apartment
at approximately 7:50...
...and encountered the maid,
who was extremely upset.
She directed me to the bedroom
where I observed the victim.
Was there any sign of a struggle
in the room, officer?
Yes. There was a shattered
Iamp next to the dresser...
...which appeared shoved out of place.
Candles knocked over.
The room was in disarray.
And the victim's body,
any signs of struggle there?
Yes. Welts and contusions on her thighs.
Yes. Welts and contusions on her thighs.
Bruising on her left wrist
where she was tied.
I'd say she put up a pretty good fight.
ln any circumstance where forcible rape
is suspected, as a matter of course...
...we'll do a vaginal exam
then run serological tests...
...if semen is present.
Was there semen?
-Yes.
Could you identify it?
Yes. It belongs to the defendant,
Mr. Avedon.
On what do you base that conclusion,
Dr. Ghafoor?
We ran a panel of DNA analyses,
isolating between 20 and 30...
...polymorphic sites on different
chromosomes.
Using restriction enzymes,
we analyzed DNA fragments...
...which vary with each individual.
The composite profile is unique
and determinative.
Within what margin of error, sir?
Virtually none.
The frequency of these genetic markers
in the population at large is...
...approximately one in 212 million.
Doctor, given your findings, have
you reached a conclusion as to whether...
...the sex engaged in by Jessica Costello
on the night of her death...
...was consensual or non-consensual?
Having observed lesions
on the inner thighs, abraded vulva...
...and tears on the vaginal wall...
...it is my conclusion
that the sex was non-consensual...
...violent and forcible.
What was the cause
of the victim's death?
As I testified at the preliminary hearing...
...there is no doubt she died
by manual strangulation.
The hyoid bone was fractured...
...and there were thumb and
finger marks at the base of the neck.
Can you tell the court, please,
the time of her death?
She died between the hours
of 10 p.m and 3 a.m...
...on the night of September 20th.
How can you be so sure, doctor?
When we back-time from the autopsy...
...indicia such as rigor mortis, lividity...
...liver temperature...
...corneal transparency,
digestive progress...
...all of that points to the time frame
l've given you.
Thank you. No more questions.
What's lividity, doctor?
It's a purplish discoloration...
...caused by blood settling
in a dead body.
When lividity is fixed...
...that means that the pooled blood...
...can no longer be shifted,
even when the body is turned.
Was there fixed lividity with respect
to Jessica Costello's body?
-Yes.
-Which told you what?
That the victim had been dead
six or eight hours...
...when discovered at 7:30
in the morning.
However, if the body had been moved...
...that would affect lividity and therefore
your estimate of time of death...
-...isn't that right?
It would.
But the body wasn't moved.
How do you know that, sir?
I read it in the investigator's
preliminary report.
You have no direct
knowledge of your own.
-You're taking someone else's word.
-Objection. Argumentative.
Sustained. Rephrase, Mr. Hoffman.
Did you personally examine the body
at the murder site?
-I did not.
-When did you first see it?
When it was delivered
to our laboratory...
...at 9:32 a.m.
So you have no personal knowledge...
...as to whether the body
had been moved.
Technically, that's correct.
When you say "technically," is there
some respect in which it's incorrect?
No.
Now, you mentioned body temperature
as a means of gauging time of death.
Yes.
-How does that work?
-The body loses heat at a rate...
...of one and a half degrees per hour.
When the temperature was taken
of the victim...
...it was 88.3 degrees.
That means she was killed
at approximately 2 a.m...
...which is within the time frame
set forth in my report.
What about the air conditioning?
-What about it?
-lf the air conditioning was set...
...significantly below
normal room temperature...
...that would accelerate the cooling
of the body, would it not?
Why would it be set below
the normal room temperature?
I don't know, sir.
I don't even know if it was on.
-Do you?
-No.
You don't know whether
or not it was a factor?
You're right. I don't know.
So let me see if I've got this straight.
You stated earlier that lividity and
body temperature were key factors...
...in your conclusion the victim died
between 10 and 3. Is that right?
-Yes.
-But you don't know if the body...
-...was moved before you saw it?
-Yes.
You acknowledge you have no idea what
the ambient room temperature was...
-...at the murder site. Is that correct?
-That's correct.
Then how can you state
with confidence...
...that the time of death was
between 10 p.m. and 3 a.m.?
Those aren't the only criteria.
Are the other criteria as reliable?
-Objection. Argumentative.
-Sustained.
Isn't it a fact, sir,
that the victim could have died...
...between 9 p.m. and 4 a.m.?
It's possible.
Between 8 and 5?
Within the limits of modern
forensic science, our estimate...
...was the best we were able to do.
But it's not a certainty, is it, sir,
that Jessica Costello died...
...between 10 and 3?
No.
No more questions.
One moment, please.
Miriam Grasso called.
She can see you in 20 minutes.
-On my way.
Got a minute?
Just barely, Arnold.
I just heard a rumor
that Richard Cross...
...has been receiving treatment
in a Phoenix clinic.
Supposedly, he's HIV positive.
My thinking is, if it's true, Jessica
could have been blackmailing him...
...and Cross would have a solid motive
for murdering her.
ls your source reliable?
It's coming out of the DA's office.
Get Ray Velacek on it.
Okay.
Come on in, Ted.
Have a seat.
Thank you, detective. I was just
getting an update on the investigation...
...in your daughter's case.
Still no witness, viable or otherwise.
But we're on it.
-I appreciate that.
-I hope Elizabeth's bearing up.
-I appreciate that.
-I hope Elizabeth's bearing up.
As well as can be expected.
I think we'll all feel better once you
file charges against Darlene Carney.
And you know, Ted, there is nothing
that would please me more.
-But?
-But it's a very circumstantial case.
l've pointed out to Ms. Grasso that the
woman admits to taking your daughter.
l've pointed out to Ms. Grasso that the
woman admits to taking your daughter.
And if Carney takes the stand and
testifies about how all she was doing...
...was rescuing a defenseless kid,
we're pushing a rock up a mountain.
Bottom line, Miriam, Carney took
my daughter and terrorized her.
Terrorized Annie and me.
I want you to move ahead on this.
Ted, don't be a father for a minute.
Be a defense attorney.
If you were representing this woman...
...you'd insist that the facts about how
Elizabeth got in that car were in dispute.
The facts that aren't in dispute are...
...that your daughter was never held
against her will.
She was held for less than an hour...
...and she was dropped off
three blocks from her house.
I'm not defending this woman, Miriam.
I hope you're not either.
I think Darlene Carney
abducted your daughter...
...and I'm gonna bust my ass
to prove it.
But, Ted...
...I'm gonna need Elizabeth to testify.
I'd prefer not to have Mitchell Garren
breathing all over her.
Well, unless we turn up new evidence,
we don't have a chance without it.
If Lizzie has to take the stand...
...she'll take the stand.
Fine.
ln the meantime, let's just hope
it won't be necessary.
I've been employed by
Pacific Bell for 13 years...
...the last six as a supervisor.
The phone company keeps
records of calls made by its customers.
-ls that correct?
-Certain calls, yes.
-Which ones?
-Cellular calls.
And intra-LATA, or local toll calls
between adjacent area codes.
Such as, say, between Hollywood
and Santa Monica?
Yes. We electronically download the
information into an accumulation file...
...for billing later.
Do your records show any calls
from Jessica Costello's apartment...
...on the night of September 20th
or 21st?
Yes. There were three calls
made from that location.
The first at 7:52 p.m. to the Nuart
Theatre's film information line...
...the second at 1 :20 a.m...
...to a cellular phone registered
to Mr. Richard Cross...
J
...and the third at 1 :45 a.m.
out to Santa Monica.
Where in Santa Monica?
We traced it
to a drug rehabilitation center...
...known as lephyr House.
I was on duty when the call came in.
As Dr. Lester's nurse,
are you familiar with his patients?
Yes.
-Who called lephyr House clinic...
...at 1 :45 in the morning
on September 21st?
Neil Avedon.
How do you know that?
He said, "This is Neil Avedon."
-Did you recognize his voice?
-Yes.
How would you describe his affect?
He was upset.
He wanted to talk to Dr. Lester.
Was Dr. Lester there?
Yes. He sleeps at the clinic
three nights a week.
-And did he see him?
-Yes.
Would you please tell the court
what happened at 2:25...
...on the morning of the 21st?
Mr. Avedon arrived at the clinic.
Would you describe
his appearance, please?
He appeared anxious.
He rushed in, no hello or anything...
...and demanded to see Dr. Lester.
Did Dr. Lester see him?
Yes. He came out and took Mr. Avedon
into his office.
Thank you, Ms. Dominick.
Nothing further.
Do you normally work at 1 :45
in the morning?
No.
Just there in the middle
of the night to take this call?
I was helping out.
I do it once or twice a month.
How long was your shift?
Eight hours.
From about midnight to 8 a.m.
May I approach the witness, Your Honor?
Let the record show I'm handing the
witness people's exhibit number 43.
Do you recognize it, Ms. Dominick?
It's the clinic phone log from that night.
ln which calls have been entered
from 4:30 in the afternoon...
-...until 6:30 the next morning, correct?
-Yes.
-Whose handwriting is this?
-Mine.
If you started at midnight...
...why did you make entries beginning
seven and a half hours earlier?
I spilled coffee on the log.
It was a mess.
-I rewrote it.
Is that the usual procedure?
Any time you soil a page,
you rewrite it?
-It's happened before.
-How many times?
I don't recall.
-Do you have the original log?
-No.
That wouldn't be because you
had to go back and insert a call...
...by Neil Avedon
which he never made, would it?
No, it would not.
Now, this phone call which you claim
occurred at 1 :45...
...how long did it last?
Ten, 15 seconds.
During which time Mr. Avedon
identified himself.
-ls that correct?
-Yes.
If I told you I was Robert Redford,
would you believe it?
Like I said, I recognized his voice.
You've spoken to him
over the phone before?
Yes.
-How many times?
-Eight or nine.
-For what duration on each call?
Twenty seconds, something like that.
And how long have you been
employed by Dr. Lester?
-About a year.
-So that would equal a total...
...of three minutes over a year.
-Okay.
-Can you identify...
...all of Dr. Lester's patients
over the phone?
No.
ls it your testimony
that even though you cannot...
...identify all of Dr. Lester's patients...
...you were able to identify
Neil Avedon's voice...
...on the basis of a total of three
minutes' conversation over a year?
Yes.
Thank you.
No more questions.
Where are we on the HIV rumor?
Word from the ground crew is,
Cross' jet lands at Sky Harbor Airport...
...in Phoenix about once a month...
...but he owns Desert Industries.
It could be business.
The Freedman Clinic?
-No record of him.
I checked Davey Blalock's phone logs.
He got four calls from a Donald Losey
in Scottsdale.
He got four calls from a Donald Losey
in Scottsdale.
The only one Davey returned
was two days before he got killed.
I called Losey. He was coy. He didn't
want to say much on the phone.
Did he confirm the rumor?
His source pegs Cross as a sick man.
And he can prove it.
Which he'll do
out of the goodness of his heart.
Plus a figure to be negotiated with you.
Does this rumor fly, Ray?
Given Cross' lifestyle...
...hookers, multiple partners...
...guys, for all we know...
...l wouldn't rule it out.
Bring Losey in.
-I want to see him tomorrow.
-Okay.
Hey.
Hey.
-Hey. How are you?
l've been thinking about what I told
you last night.
-What?
-That rumor about Richard Cross.
-Oh....
-I shouldn't have. It's--
It's internal stuff.
You haven't told anybody, have you?
Why would I tell anyone?
I don't-- I'm being--
Am I being paranoid?
Don't worry, okay?
-Okay.
-Okay.
Wanna go get something to eat?
I can't. It's gonna be another hour,
hour and a half.
-I'll wait.
-Okay.
-Come pick me up at home.
-Okay. Sure.
Ted?
-What is it, Arnold?
About that Cross rumor,
it's probably nothing.
-lt may very well be.
-Yeah. I mean, Richard Cross, HIV....
If we were to listen to every,
you know, crazy rumor it would be a--
Ray Valecek with a Mr. Losey
from Scottsdale.
Scottsdale?
Donald Losey, the source of the rumor,
Ray tracked him...
...through Dave Blalock's phone logs.
And he's here?
I need to take this, Arnold.
Hey, nice office.
A lot better than that coach section
of the plane I just got off of.
How do you do, Mr. Losey?
You know what they served us
the entire flight? Peanuts.
Not even honey-roasted ones.
Salted.
First class, almonds.
Ray tells me you have some information
on Richard Cross.
That I do.
Tell us about it.
First, let me say, until we come
to some kind of arrangement...
...this is all on deep background.
Understood.
Couple months ago, I'm reading
about this Goldilocks case.
There's Richard Cross in the paper.
A friend of mine says,
"Hey, I know that guy."
I say, "Right...
...you know someone
worth $400 million...
...and I'm having oysters
at the Rockefellers."
He says, "No, I've s,e, en him
at the clinic.
-This is the Freedman Clinic?
He works night security there.
For the past year, he's seen
this guy, Cross, come in...
...always at night, always
through the rear entrance.
How does he know Richard Cross
is being treated for HIV?
The doctor treats only AIDS patients.
Doesn't take Sherlock Holmes.
Mr. Losey...
...l contacted the Freedman Clinic.
-They have no record of a Richard Cross.
-Guy like that doesn't want to advertise.
He checks in under a false name.
Which you want to sell to us.
Let me paint you a picture, Mr. Hoffman.
This Costello girl...
...she's into drugs, sex.
She's HIV positive.
Cross has sex with her.
He gets a blood test,
finds out she's infected him.
What's his 400 million gonna buy
him now? A nicer casket?
He feels despair, then anger,
then a powerful thirst for vengeance.
He goes to her place, he strangles her.
Now he's looking at spending the rest
of his short, sweet life in prison.
So he frames this Avedon.
Big finish. Fade to black.
And the retail value of this wisdom?
Let's say 25,OOO.
That includes the name,
plus my testimony.
Your testimony to what?
To my theory of the case.
Leave your number with my secretary,
Mr. Losey.
We'll be in touch.
Just don't take forever.
I could have shopped this
to the tabloids, but I came to you.
You're not interested,
the S.S. losey sails.
You're not interested,
the S.S. losey sails.
What a citizen.
It's all hearsay.
A name which may or
may not check out.
If Cross is HIV,
we'll never prove it by him.
I'll stay on it.
We were best friends back in Minnesota.
After I moved to L.A. I kept telling
Jessica she had to come out here.
And then one day she just showed up.
She said she was living with her sister
in Hollywood.
How long after that did she meet
Neil Avedon?
A couple of weeks. This was...
...before my drug rehab,
so we were both pretty wild.
We'd crashed this party in Beverly Hills,
and Neil was there.
How would you describe their
relationship in the beginning?
Jessica was crazy about him.
I mean, Rickie Carew from all for One.
Who wouldn't be?
But things changed?
Neil started acting like he owned her.
Showing up at all hours,
expecting her to drop everything.
If she told him she had other plans,
he'd blow up.
ln what way?
Once, when she said she wanted
to break up with him, he hit her.
Was this the only time you
ever witnessed the defendant being...
...violent toward Jessica?
There was one other time.
At the Viper Room
the week before she died.
Jessica was showing off
this gold bracelet Neil had given her.
She goes to their table, and some girl
he used to go out with is all over him.
She asks him what was going on,
and he didn't even apologize.
He hit her, right across the face.
So Jessica just threw the bracelet
at him and stormed off.
Is this the bracelet?
Yeah, that's it.
The same bracelet that was found in
Jessica's apartment on the morning...
...of September 21st.
Objection.
This witness has no direct
knowledge of the crime scene.
Withdrawn, Your Honor. We ask that
this be marked people's exhibit 56.
So ordered.
Ms. Savard, did you have an occasion
to accompany Jessica and Mr. Avedon...
...to a sex shop in West Hollywood
called The Pleasure Chest?
-Once.
-Would you describe the incident?
Um, Neil was buying all these sex toys.
You know, flavored jelly,
a pair of edible panties.
And he holds up
these Velcro wrist restraints...
...and says to Jessica,
"How about these?"
Objection. Hearsay.
Goes to the defendant's
modus operandi.
I'll allow it for that limited purpose.
Proceed, Ms. Grasso.
How did Jessica react?
"Like, no way."
Meaning she wasn't interested?
No, she hated the idea.
I mean, being tied up was not her thing.
So, what did Mr. Avedon do?
He bought them anyway.
Even though she indicated...
-...she did not want to be tied up?
-Yeah.
Are these similar to the restraints
Mr. Avedon purchased that day?
Objection.
There's nothing in the police report
which indicates that restraints...
...such as these were used
in the commission of this crime.
Sustained.
Ms. Savard, I have
just one more question.
Would you describe for us Jessica
in the last week of her life?
Up. Really up.
She'd started coming to CA meetings
with me.
She had a sponsor and everything.
That's what's so sad about her dying.
She was finally over Neil.
She was finally getting her life together.
Thank you very much, Ms. Savard.
Nothing further.
Mr. Hoffman, given the hour,
I think we'll break for lunch here.
Court will resume promptly at 1 :30.
I'm telling you, this chick
has it in for me.
She was always tagging along with us,
trying to turn Jessica against me.
And that Viper Room thing...
...Jessica hit me first.
All I did was react.
I believe you, Neil.
The problem is, the jury believes her.
Did you see Antonelli leaning forward
when Grasso held up those restraints?
Scary.
She buried me in there.
We haven't gotten our rounds in.
Well, she's pretty sympathetic, Ted.
We hurt this girl,
the jury could turn on us.
It's a chance we got to take.
Ms. Savard, you stated
in your direct testimony...
...that you moved to Los Angeles...
...before Jessica. Did you make
that move with your family?
I ran away from home.
And what did you do for a living
after you arrived here?
Odd jobs. I tried some acting.
Any success?
I had a few auditions.
And how many of those auditions
resulted in work?
None.
Did you get an agent?
One or two were interested.
-No.
-After failing to become an actress...
...you tried to become a model,
didn't you?
-Yeah.
-Were you able to find work in that field?
No.
When Jessica moved out here, did you
make a point to show her around L.A...
...to help her discover which were
the best parties, the best clubs?
Yeah, sure.
It wasn't too long after that
that she met Neil Avedon, correct?
A couple of weeks.
How did that make you feel?
Here you were in L.A. first...
...and Jessica was the one
who landed a big TV star.
I was happy for her.
And a little attracted to Neil yourself?
No.
Ms. Savard, do you recall
Neil's last birthday?
Objection. Your Honor,
what is the relevance of this?
lt goes to the witness's motive in
testifying against Mr. Avedon, judge.
I'll allow it.
Ms. Savard, you may answer.
Do I recall his last birthday?
-Not really.
-Do you remember showing up...
...at his trailer at the studio
where he was working?
I guess so.
And how were you dressed?
I had on a raincoat.
And underneath the raincoat,
what were you wearing?
Um.... Nothing.
You had something
attached to your wrist?
Some balloons that said
"Happy Birthday, Neil."
Would I be correct
in assuming you were offering...
...to have sex with Mr. Avedon?
ls that a yes?
Yes.
Did he accept your offer?
No.
So you were unable to become
an actress...
...you failed as a model...
...and then your best friend's boyfriend
turned you down...
...when you offered yourself to him.
Was all that rejection difficult for you?
You're twisting everything.
Ms. Savard, when you look at Neil
Avedon, doesn't he represent...
...the pain of all those failures?
Isn't that the real reason you're
testifying against him here today?
-No--
-Your Honor--
You make me out to be a liar!
You're making me out
to be a terrible person!
I didn't like Neil because he was mean
to Jessica and I was her friend.
He wasn't her friend. I was her friend!
There you are.
Thank you.
What's the matter?
Do I have to tell you?
Yes.
Grasso took us to the woodshed
on talking out of school today.
A man named Donald Losey
came to her office and said that...
...Hoffman and Associates had flown
him to L.A. to discuss Richard Cross...
...being HIV positive.
Oh, that.
Yes, that, Arnold.
You not only betrayed
my confidence...
...you lied to me
when I asked you about it.
Or as I now remember it, you weaseled
out of directly answering me.
Strictly speaking, yeah.
-"Strictly speaking--"
-Cheryl, you're upset.
And you have every right to be,
so let's...
-...have dinner and I'll explain--
-I have a better idea, Arnold.
Why don't you take a flying leap
off the Hollywood sign?
You make me out to be a liar!
You're making me out to
be a terrible person?
I didn't like Neil because he was mean
to Jessica and I was her friend.
He wasn't her friend. I was her friend!
That was Kimberly Savard. falling
apart on the stand this afternoon...
...under the steady.
devastating cross-examination--
How'd it go today?
-You tell me.
-Sorry, I missed it.
I had to get Lizzie registered
for gymnastics.
And Ruth Susskind called to say
her car broke down.
I spent the afternoon chauffeuring
her kids around.
Hello?
Hi, Arnold. Just a minute.
I'm gonna take this upstairs.
Yeah.
We're calling Mr. Cross
to the stand for only one purpose.
To establish the time
of Jessica Costello's death.
It's the cornerstone of the people's case.
And as such, it's essential that we
Iay out that case without defense...
...attempting to obfuscate matters.
For this reason, we are
asking the court to limit the scope...
...of Mr. Hoffman's
cross-examination...
...to the events of September 20th
and 21st, as outlined in our petition.
Mr. Spivak?
Your Honor, Clarence Darrow once
called the right to cross-examine...
...the great engine of truth.
ln filing this motion, Ms. Grasso
is making a naked attempt...
...to limit Mr. Avedon's rights,
as laid out in the Sixth Amendment.
Further, as the court is no doubt
aware, Mr. Cross was arrested...
...for this crime prior to Mr. Avedon
and lied to police when questioned.
Any limitation of the defense's right
to expose his lack of credibility...
...would be a further abrogation
of Mr. Avedon's rights.
Don't you still have the right to call
Mr. Cross in your own case?
You can't un-ring a bell weeks
after it's been rung, Your Honor.
The jury will hear this man.
God forbid, they may even believe him.
It's imperative that they understand
his motives in testifying.
-ln conclusion--
Let me conclude for you.
Notwithstanding his arrest and release
in this case...
...if you want to ask him
if he killed President Kennedy...
...if you want to ask him if he was in
Oklahoma City the day of the bombing...
...examine those issues during
your own case, not the people's.
Motion granted.
At 1 :20 on the morning
of September 21st of last year...
...did you receive a phone call
from the victim, Jessica Costello?
-Yes, I did.
-How did she seem to you?
Agitated. Frightened.
What, if anything, after receiving
that call, did you do?
I drove to her apartment.
I entered.
I found her naked,
tied to the bed.
She was dead.
Did you notice the time?
By my watch, it was 2:OO.
Thank you, sir. Nothing further.
Mr. Cross, prior to receiving the call
you just described...
...how did you know Jessica Costello?
I have a relationship
with her older sister, Julie.
A sexual relationship?
-Yes.
-How about Jessica?
Did you have a sexual relationship
with her?
Objection. Outside the scope.
Sustained.
-No, Mr. Hoffman...
...l did not have a sexual
relationship with Jessica Costello.
Mr. Cross, when I sustain an objection,
that means you do not answer.
My apologies, Your Honor.
Strike the last remark.
The jury will disregard it.
-Proceed, Mr. Hoffman.
-Mr. Cross, did you ever provide...
-...Jessica Costello with drugs?
-Objection. Outside the scope.
Sustained.
Did you ever take drugs with her?
Same objection.
-Sustained.
-Mr. Hoffman, don't push me on this.
Sorry, Your Honor.
-Mr. Hoffman, don't push me on this.
Sorry, Your Honor.
You stated that Jessica Costello
called you at approximately 1 :20...
-...correct?
Yes.
And you arrived at her apartment when?
As I testified, Mr. Hoffman, 2:OO.
By my watch, that's 40 minutes.
Where were you?
At a club downtown.
And it took you 40 minutes to reach
Hollywood at that hour?
You're assuming that I left immediately.
-I didn't.
-Why not?
My car was valet parked. I had to wait
for them to drive it around.
I don't understand.
You just described Ms. Costello
as being frightened, agitated.
This didn't suggest to you
a certain urgency?
This was not the first phone
call like this that I had received from her.
I thought she was exaggerating.
Presumably, this changed after you
found her body.
Of course.
Are you sure you didn't arrive earlier?
Say, 1 :40?
I arrived at 2:OO.
And you're telling us the truth?
Yes.
Well, whenever you arrived,
after finding Ms. Costello dead...
...did you call the police?
No, Mr. Hoffman, I didn't.
You found a 15 year-old dead girl,
naked, tied to a bed...
...the sister of a close friend...
...and yet it never occurred to you
to contact the authorities?
I was with a young woman.
I did not want to involve her.
Why is that?
There was a situation
with a jealous husband.
ln retrospect,
I exercised poor judgment.
Some might call it criminal neglect.
Some might call it criminal neglect.
Objection--
You've been warned.
Withdrawn.
Mr. Cross, you found this girl dead,
and you never called the police.
-Did you call anyone else?
-No.
Are you certain you didn't place a call
to lephyr House at 1 :45?
A call Dr. Lester's nurse has previously
attributed to Neil Avedon?
I'm quite certain.
And are you equally certain that you
aren't Jessica Costello's killer?
I'm positive, Mr. Hoffman.
If you're detecting
a little ea_ de brimstone in the air...
...it's Richard Cross.
Bloody but unbowed, Teddy.
I'm glad, Richard.
Not that I didn't think
you'd come after me.
You warned me as much
when you took on Neil's case.
And if I've helped the cause...
...I'm more than happy.
But what disappoints me, Teddy...
...is to hear that you've been spreading
an ugly rumor about me.
I wasn't aware that I was.
Do you know how this whole HIV thing
got started?
Two years ago, I put in a bid
for Crescent Electronics.
And as they usually do in these matters,
things got ugly.
To drive me out of the bidding...
...my competitors decided to spread
a rumor that I was T cell deficient.
lt was nonsense, of course...
...but my backers got so nervous
that I had to get tested.
My doctor still has the results,
if you're interested.
That won't be necessary.
Good, good.
Because if anybody knows how harmful
unfounded allegations can be...
...it's you, Teddy.
How's Lizzie?
Recovering.
Excellent.
I would hate to think that that incident
would have any permanent effect.
There's nothing more precious
than a child's innocence.
If there's nothing else, Richard....
Of course. Of course.
The great ones never rest.
Right, Teddy?
Good night.
What did Cross want?
To deny that he's HIV positive and
to accuse me of spreading the rumor.
How'd he know?
Best guess...
...he's got a mole in the DA's office.
Meaning the rumor's true or it isn't?
After Losey, I was prepared to say no.
But when Richard Cross tells me
there's no smoke...
...l look for fire.
O. G-R-O-U-N-D.
I think he'll like that one.
Daddy.
How's my girl?
Mommy says I can get a hamster...
...but I have to ask you first.
A hamster?
Sure.
We'll go to the store
on Saturday, sweetheart.
I'm going to call Becky Meyers.
All she has is a box turtle.
All she's been through, I figured....
I talked to Miriam after court today.
She said we should get Lizzie ready
for the preliminary hearing.
Annie, I don't want her to go
through this any more than you do.
But unless she testifies...
...this woman who took her will go free.
Will she go to jail if Lizzie does
testify?
-I don't know.
-Not good enough.
Annie, we can prepare her.
Miriam will do everything she can to...
...protect her.
The way she protected that girl
from you yesterday?
I thought you missed that.
No.
I saw it. I didn't want to tell you,
but I saw it.
Brutal as it was, I saw it.
And I will not let some defense
attorney do that to Lizzie.
Our daughter can't be
cross-examined on her...
...failed attempts to hand-deliver
herself to Neil Avedon.
So they'll ask her how many cookies
she stole in kindergarten...
...whether she ever cheated
at dodge ball. And they won't stop...
...until they've broken her down,
just the way you did with that girl.
-Annie, listen to me--
-No, you listen to me.
I don't care if this woman goes free.
Lizzie's not going
anywhere near a courtroom.
Not as long as I can draw a breath.
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