Murder One (1995–1997): Season 1, Episode 15 - Chapter Fifteen - full transcript
The prosecution fights for Neil's records.
We believe the doctor's files on
the defendant should be opened.
Let's see what the doctor knew
and when he knew it.
What are the chances the judge
will keep Dr. Lester's records sealed?
lero. But I think she's wrong.
If I'm right, Lester's records are filled
with references to your violent nature.
lncluding a back-dated memo describing
how you confessed to murdering Jessica.
This is my shrink we're talking about?
We're talking about a corrupt bastard
who's selling you down the river.
The victim's sister.
Have you prepped
Julie Costello to testify?
She's coming in today.
Mind your p's and q's.
Assume anything you say
goes back to Richard Cross.
Why don't we try a
dry run on your direct.
-Are you married?
-No.
-Attached?
-No.
I walked out on Richard and the only
person I could think to go to was you.
You could stay at my place until you
figure out your next move.
Thank you.
The secret art deal.
Do you know much about art?
I was an art major in college.
Can't afford the paintings yet,
so I buy the books.
A Hans Holbein is coming on the market
in three months.
Very rare. I'd like you to go to
Amsterdam and negotiate the purchase.
Wouldn't you be better with...
-...a professional art house handling this?
-I want you.
He wants me to fly to
Amsterdam to buy some painting.
He made a big show of wanting it to be
all right with you.
-It's not.
-I know this isn't about art.
-I could be your inside guy on this.
-Tell Richard you aren't interested.
Do we have something to celebrate?
-Excellent.
Only about Ted.
I'd like to choose
the right time to tell him this.
I'm sure you'll tell Ted
when you're ready.
A marriage in trouble.
I keep putting this
conversation off, and I can't anymore.
I can't keep living
the way we've been living.
The trial's been exhausting. I know.
I think we need to
separate for a while.
Annie, don't do this. I love you.
I'm sorry.
It is the finding of this court
that Dr. Lester was a percipient witness...
...to threats made by Mr. Avedon
against a young woman under his care.
The doctor then failed
to safeguard the community.
He failed to insure
the young woman's safety.
He even failed to monitor
Mr. Avedon's menacing behavior.
lt is the ruling of this court that
Dr. Lester's failure to act effectively...
...waives any privilege
of confidentiality.
Mr. Avedon's medical records,
held by Dr. Lester, will be unsealed.
Dr. Lester will be compelled to testify.
Bring in the jury.
Your Honor, the people would ask...
...that Dr. Lester
be deemed a hostile witness...
...for purposes
of direct examination.
The defense asks to be heard
in opposition to that motion.
Keep your eyes on the proceedings.
-I'll keep my eyes wherever I want.
-Gentlemen, is there a problem?
-No, Your Honor.
-Juror number three...
-...is there a problem?
-No, Your Honor.
Mr. Hoffman, you had asked
to speak in opposition.
-Yes.
-I have to go through you...
-...to talk to her?
Juror three!
That's not going to happen.
I will talk to her whenever I want.
-lf you don't like it. Too bad.
-I don't like it.
Live with it.
She doesn't want you...
-...to talk to her. Live with that!
-Jurors number three and 10...
...in my chambers, right now.
Juror number 10 is having
an affair with juror number two.
-Do you deny it?
-It's none of your business.
-ls it true?
-Isn't there a right of privacy issue?
What is it, the Fourth
Amendment, the Third Amendment?
Mr. Bewkus, if you're suggesting
it's none of the court's business...
...allow me to set you straight.
This court's business extends to
anything that interrupts its sessions...
...or may taint its jury deliberations.
Now....
I will ask you again, are you
and Ms. Antonelli having an affair?
Ms. Antonelli and I have
become friends to some extent.
The problem here is not us.
The problem is him. He's been rebuffed.
I wasn't aware of being rebuffed.
ls that what happened in your mind?
l've been rebuffed.
Mr. Metzger, what is your relationship
with Ms. Antonelli?
Truth be told, I barely know her.
He's been putting the moves on her
since the first day of voir dire.
How would you know that?
You weren't here.
You didn't get here until
the last day of voir dire.
-She told me.
-lt appears we have a problem.
-Yes, it does.
Listen to me.
I'm not going to stop this trial
dead in its tracks for this nonsense.
Until I reach a final determination
as to what action is warranted...
...l will assume you can and will conduct
yourselves as adults in that courtroom.
ls that understood?
-Yes, Your Honor.
-Yes, Your Honor.
Good. Thank you, gentlemen.
-This is because of you.
-Don't even talk to me. You're a baby.
You treated Neil Avedon from November
of 1993 to September of 1995, right?
-Yes.
-ls this your handwriting, doctor?
-Uh, yes, it is.
I'd like you to look through...
...the files and tell me if these
are the notes you kept on Neil Avedon.
Uh, yes, they are.
I refer you to the notes on a session
marked September 9th, 1995...
...and I would ask that
you read them to us.
The people ask the court to instruct
the witness to comply...
-...with the court's order.
-The witness is so ordered.
I won't do that, Your Honor.
No court can compel me to divulge
confidences placed in me by my patients.
Dr. Lester, the court has ruled that your
privilege against testifying as to your...
...notes and conversations with
the defendant have been waived.
-Do you understand that?
-Yes.
Are you refusing
to abide by the court's ruling, doctor?
Yes, I am. The oath of my profession
prohibits me from divulging any...
...privileged communications.
Your Honor, the defense asks for an
opportunity, prior to the court's ruling...
...to offer oral argument and
submit papers in support of...
...the witness's right not
to violate privilege.
Denied. I find Dr. Lester
in contempt of court...
...for refusing to comply with
a direct order of this court.
He is hereby remanded
into custody.
Your Honor, the defense asks...
...that these proceedings be stayed
while the writ of prohibition...
...is filed with
the California Court of Appeal.
This court stands in recess
for today only.
Did you tell him that you did it, Neil?
MAN 2: Did you confess?
MAN 3: Is there a confession, Ted?
-No.
-ls Lester prepared to stay in jail?
You'll have to ask him that question.
You're filing a writ. There must be
something explosive about those notes.
Recovering addicts tell their
psychotherapists many things.
Some are real, some not.
We think the court is wrong and we're
filing a writ with the Court of Appeal...
...which, if successful,
will prevent this miscarriage of justice.
That's it for now, guys.
Neil, did you confess? Neil?
By tomorrow, we need to find out
about every ruling...
...on doctor-patient privilege
that helps or hurts us.
Wanna see who's interested
in filing amicus briefs?
Wanna see who's interested
in filing amicus briefs?
No time.
We're telling the Court of Appeal
that prejudicial outweighs probative.
-That would be one line of attack.
-I'd hammer on Casillas, Saxon...
-...and Rasmussen.
-How would you address Jacobson?
I'd distinguish Jacobson
based on the shrink...
...withholding information
as opposed to the colorable claim...
...of negligent withholding,
as in this case, okay?
Do you have
someplace else to be, Arnold?
I have Julie Costello
waiting in the library.
You still, uh, prepping her for court?
Yeah, I'm still prepping her for court.
You're being thorough, Arnold.
Shall I blow her off?
Justine and Lisa are bearing the brunt
of the work, but I want you available.
Available. I'll be in the library.
-Go.
-Thank you.
Your sister was eight years younger
than you, is that right, Ms. Costello?
Yes.
She was sent to live
with you...
...because your parents couldn't
manage her, is that right?
-Yes.
-Hands.
She drank, she used drugs,
she was promiscuous...
-...and they sent her to you?
-Yes.
ls it fair to say you felt
responsible for her?
-Yes.
-ls it your testimony, when she...
...took up with Neil Avedon,
you were pleased?
Yes, I was pleased.
Were you aware of his
serious cocaine habit?
No, I was not.
I thought Neil was good to her.
ls it possible that you're saying
that now because it's easier...
...than believing you permitted
and even encouraged her...
...to remain in a relationship that
resulted in her being murdered?
That's a little rough.
Sorry.
ls Grasso really gonna ask me
things like that?
Yeah, I'd be prepared for it.
It's a good thing I'm tougher
than I used to be.
Well, you've been through a lot.
You've had to get tougher.
I never wanted to be tough.
I always wanted to be trusting.
-lt turns out I was mostly just stupid.
-Don't be so hard on yourself.
-No?
-No.
Be good to yourself.
Maybe even indulge myself a little?
Yeah, sure. Why not?
What if that means
making love to you?
What if it means that?
Uh, there would be some, uh,
problems attendant to that.
What problems?
You're a client.
You're a witness.
This is an emotionally overwrought time
for you. I would hate to think I was...
...you know, taking advantage
of a situation.
I think rather than giving in to our
impulses, we should try to control them.
Mm-hmm.
It's what, uh, distinguishes us
from the lower-order primates.
We can kind of control our impulses.
Without that, we're...
...basically apes.
Hey, we were just finishing up.
I was gonna go out
and pick up some dinner.
I wanted to know if you wanted any.
No. No, thank you.
Grownups are funny sometimes,
honey.
They love each other, but they
can't always live with each other.
What we both want you to know
and not have any doubts about...
...is that we love you
very, very much.
That's right.
And nothing can ever change that.
What we're doing is sort of
a temporary thing.
Daddy's in the middle of this big trial.
Everybody's under pressure....
Mommy and I thought
that it would be best--
Are you getting a divorce?
That's not something
we know right now, honey.
All we're doing is taking a little break.
All we're doing is taking a little break.
I'm gonna move out, but I'll
be at a hotel right nearby.
And I'll see you or speak to you
every single day.
-That I promise.
-So you might get a divorce, right?
We don't know, honey.
It's not something you
have to worry about, though.
That's right.
Whatever we do...
...you've got us both for life.
...you've got us both for life.
Will you trust me on that?
Yeah.
Good night, baby.
Love you.
I love you too, Mommy.
Sleep tight.
Justine. Lisa. Great brief.
-Thanks.
-Thank you.
Any prayer of reversing Bornstein
on this?
We're sure as hell going to
take our best shot.
Regarding the love triangle
among jurors two, three and 1 O...
-...has someone notified Vitale?
She'll meet us in court.
One other thing...
...my wife and I are experiencing
some, uh, marital difficulties.
We don't know at this point
what the future holds...
...but I just wanted you
to hear about it from me first...
...since inevitably, you're gonna be
hearing about it from someone.
Having said that, we're due in court.
-Did you know this was happening?
-I had no idea.
Could I speak to you, Justine?
Sure.
I just want you to know that
nothing happened last night.
-Okay.
-She went back to your place...
...l went back to mine.
Nothing transpired.
You don't have to explain yourself.
I just wanted you to know.
Okay, Arnold. I believe you.
Was there an attraction?
Yes, there was--
Arnold, you're going on about this.
You don't have to report this, do you?
No, I don't do that.
Good.
I'm feeling a little violated
right about now.
I'm sorry to hear that.
When you take the oath to serve on
a jury, your life ceases to be your own.
What is it you want to know,
Your Honor?
Whether or not I've had sexual
intercourse with Mr. Bewkus?
The answer is yes. Now what?
Now I determine whether or not
to dismiss you both.
For entering into a sexual relationship?
Interesting.
Ms. Grasso. Mr. Hoffman. Do you have
anything you'd like to ask Ms. Antonelli?
The first thing I'd like to ask...
...is the degree to which you and
Mr. Bewkus see eye to eye on things.
That's hard to say. We haven't
known each other very long.
You can understand it might be
a cause for concern...
...that one of you might be
unduly influenced by the other.
I think both of us are independent,
adult individuals who are capable...
...of not being unduly influenced.
Are you capable of conducting
this relationship with discretion?
Absolutely.
If it upsets a member of the jury...
...do you think you can conduct yourself
in a way that they won't be offended?
I wasn't aware of having
flaunted it particularly, but...
...l can make a special effort at
remaining discreet. The answer is yes.
Thank you, Ms. Antonelli.
Gene, would you escort Ms. Antonelli
back to the jury room? Thank you.
-Are you kicking me off the jury?
-I haven't made up my mind.
When I do, you'll be the first to know.
I move that both Antonelli
and Bewkus be dismissed.
Let's not make the cure
worse than the illness.
There's no indication
the relationship between them...
...will have any effect on
the deliberation.
You don't think their independence
has been compromised?
No. I think two people can sleep
together and disagree about everything.
You will agree, it at least raises
the potential for problems.
The potential for that is there with every
one of the 12 people on this jury...
...whether they're sleeping together
or not.
What I don't think we should do...
...is discard two members of the jury
we all worked very hard to assemble.
What about the impact on
the other members of the jury?
You know they're all aware of it.
How do we know it has any impact?
One way would be to ask them.
She's not ruling
until she interviews the other jurors.
I'm not crazy about the alternate pool,
I'll tell you that.
ls she gonna get rid of Antonelli
and Bewkus?
Who knows?
She could dismiss the two of them
plus Metzger.
Which would be better than
just dismissing the two of them.
However bad Metzger
was for us before...
-...he's worse now.
-Why?
Resents his own lack of effectiveness...
...masks feelings of inadequacy
with aggressive social behavior.
He's not the guy who gets the girl,
and hates the guy who does.
-By extension that would be Neil.
The worst part is losing Antonelli.
-She was an ace in the hole.
It's true.
She and Bewkus would have
formed a nucleus.
First we lose the Lester motion.
Now this.
Lisa, would you take Neil to the Court of
Appeal? I'll join you there in a moment.
-I have to talk to Chris and Lorraine.
-Sure.
Listen to me, both of you.
No more recitations of gloom and doom
around Neil. Do you understand?
The news isn't exactly good, Ted.
No, and I'm not suggesting we lie
to him. But the only point at which...
...we'll know what kind of jury we've
got is when they render a verdict.
Until that point, our job is to put on
a game face, prop up our client...
...and get him through this.
Ultimately the ordeal is his.
I would suggest we act accordingly.
The failure of Dr. Graham Lester to act
in regard to a Ms. Amy Scott...
...has nothing whatsoever to do
with the facts in this case.
Why doesn't it have to do with the
defendant's modus operandi, counsel?
Your Honor, I don't believe there to be...
...a common modus between homicide...
...by strangulation and an alleged
outburst in a group therapy session.
The type of prejudicially tainted evidence
found in a therapist's notebook...
...is exactly the type of evidence
the law was intended to exclude.
ln a therapy session, a great many things
are said in a great many contexts.
ln a therapy session, a great many things
are said in a great many contexts.
Putting that before
this jury proves nothing...
...while doing the patient great harm.
Accordingly, I request that
a writ of prohibition be issued.
And that the evidence be excluded.
-Ms. Grasso.
The incipient violence...
...of a group therapy session and the
homicidal violence that took place...
...in the decedent's apartment
are two points on a continuum.
They are related events.
Privilege has been
constructively waived.
It's proper and appropriate
and well-supported by case law...
...such as cited in
our opposing papers...
...that the defendant's
psychiatric records...
...should be admitted into evidence.
Thank you.
After reviewing your moving papers
and counsel's oral argument...
...we deny the defense writ. And the
matter of People v. Neil Avedon...
...is remanded to the trial court
for further proceedings.
You and I have had
our differences, Graham.
But I want to express my admiration
for the stance you're taking.
There comes a time
in everyone's life...
...when circumstances force you
to see what you're made of.
All my life, I've been able to talk
a pretty good game.
Now the time has come for me
to be able to back that up.
I made an ethical decision.
A moral choice.
Now I have to be prepared to endure
the consequences.
I think I am prepared.
And I feel pretty good about that.
Let's go.
Those two always sit next to each other.
They eat lunch together every day.
-I figured something was up.
-Did you ever hear Mr. Bewkus...
...and Ms. Antonelli discuss
any of the testimony in this case?
No.
They don't seem to talk
all that much.
Most of the time they just sit there
making eyes at each other.
I guess a wedding ring doesn't mean
anything to some people.
Have Mr. Bewkus and Ms. Antonelli
conducted themselves in such a way...
...as to compromise your ability
to remain impartial?
Hell, no. She's a good-looking girl.
If I was his age, I'd be doing
the same damn thing.
While I still could...
-...Your Honor.
-To be honest, until today...
...l had no idea they were an item.
ln light of what you've heard,
can you still be open-minded...
...toward them during your
deliberations?
Why wouldn't I be?
It's a free country.
Close quarters, you gotta
expect something like this might happen.
ln this day and age, though, I'm just glad
it's not the two fellas carrying on.
I'd have a problem with
something like that. A big problem.
As long as they weren't talking about
the case, a booty call's a booty call.
You know what I'm saying?
Your Honor, the only juror experiencing
any level of discomfort here...
...that could impair his ability to be fair
and objective is Mr. Metzger.
Therefore, the reasonable course
is to remove him from the panel.
-The people strenuously disagree.
-Why does that not surprise me?
Your Honor, these two people have been
engaging in an adulterous relationship--
It's not the court's place to impose
moral sanctions on consenting adults.
-As the lady said, it's a free country.
-This type of conduct...
...is offensive to many people
nevertheless.
I don't want to see this end
in a mistrial...
...just because one of our jurors...
...was biased against one
or both of our lovebirds.
Diversity of opinion and lifestyle
is a desirable attribute in a jury.
I hope Ms. Grasso isn't longing for a
return to the days when jurors...
...had to be white, male,
Protestant landowners--
Cutting through counsel's sarcasm,
the lack of divergent opinion...
...is what troubles me.
The fact these people are lovers...
...gives them undue influence
over each other.
An assumption based on what?
-Common sense.
Two people in a hormone haze are
predisposed to share a common opinion.
The cleanest remedy is to pitch
all three of these people.
But I'm not going to do that
because I don't want to cut...
...that deeply into the alternate pool
this early in the trial.
lt is my finding that,
while not ideal...
...this situation hasn't significantly
compromised the jury's ability...
...to deliberate in a fair
and impartial manner.
This is a court of law,
not high school.
A young woman is dead, and a young
man's fate is in your hands.
I expect each of you...
...not to be diverted from the obligation
you've sworn to fulfill in this trial.
Henceforth, you will conduct
yourselves accordingly.
And with the utmost discretion.
Do I make myself clear?
Yes, Your Honor.
Let's get back to work.
We're back on the record
in the Avedon matter. Counsel?
It's our understanding that Dr. Lester
is still unwilling to testify.
It's our understanding that Dr. Lester
is still unwilling to testify.
Unless the people intend to call other
witnesses, the defense has a motion.
-Any more witnesses, Ms. Grasso?
-Not at this time, Your Honor.
However, should Dr. Lester elect
to comply with the court's order...
...as is our hope...
...we intend to call him to testify
as part of the people's case in chief.
Should he change his mind,
he would be so allowed.
Mr. Docknovich, make your motion.
Pursuant to Penal Code Section 11 18...
...the defense moves for dismissal
due to insufficiency of the evidence.
Motion denied.
Given the lateness of the hour...
...we will stand in recess
until 9 a.m. tomorrow morning.
The defense generally moves
for dismissal...
...after the prosecution
presents its case...
...if only to tell the jury. "We
don't think the people did their job."
And generally. the judge denies the
motion as Judge Bornstein just did?
-Correct.
Hi .
Hi, Julie.
-Have you seen Arnold around?
Yeah, he's downtown on the filing.
He'll be back any minute.
Oh.
I thought I'd take him out for dinner.
He's been so patient
helping me get ready to testify.
Any idea what kind of food he likes?
Judging from his necktie,
just about anything with gravy.
-Can you sit for a second?
-Yeah.
-This probably isn't any of my business.
-lf it's about the other night...
...that was completely inappropriate.
And it was all my fault.
I just couldn't help myself.
Arnold isn't like anyone
l've ever known.
-He's one of a kind, all right.
-Yeah.
Yep, yep.
After all those years of guys
in Porsches trying to hustle me...
...or shove a hundred-dollar bill
up my nostril.
-Richard seems smoother than that.
-I didn't mean Richard.
No, he's a whole other kettle of fish.
-He seems like a pretty complicated guy.
-There's an understatement.
When you're with Richard,
it's like being lost in a fog.
All very calm and cool
and scary as hell...
...because you can't quite see
what's right in front of your eyes.
But Arnold is a real live flesh-
and-blood human being.
Um, l--
I don't want to sound like a scold...
...but for a key witness to get involved
with a member of the defense team...
...tabloid press will blow it
out of proportion.
lt could cast a bad light on this firm.
It certainly won't help Neil Avedon.
There's a lot at stake here for a lot
of people, Julie.
And as a practical matter, Arnold
doesn't need the distraction right now.
-You're a distraction for any man.
-I'm not sure how I should take that.
lt wasn't meant as anything
other than a compliment.
I just don't want to see a messy
situation get messier.
Seventeen million dollars
is a small price to pay...
...for a 21/2-by-3-foot
piece of immortality.
Which is what this Holbein is.
A fragment of timelessness
to divert me from the inevitability...
...of my own mortal ruin.
It's amazing, isn't it?
A young girl working in a field one
afternoon catches Holbein's attention....
Five hundred years later, that
moment is still there for us to see.
When can I take possession?
As soon as the auction house
confirms the provenance.
Justine, I can't tell you
how pleased I am.
-Not on a school night.
-Oh, nonsense.
Let's toast to Hans Holbein...
...and the young girl he saw that
afternoon 500 years ago.
So. How's Julie?
She's okay.
Well, let's not dwell on sadness.
Tonight should be given over
to celebration. This is for you.
What for?
An acknowledgement of all your hard
work you've done on my behalf.
For the past, present and hopefully
the future. Open it. Come on.
Shh.
My word.
Oh, my God!
Done by Watteau in 1718.
-Richard, I can't possibly accept this.
-Of course you can.
No. No, I really can't.
-Why not?
-Because. I can't for many reasons.
-This is way, way out of bounds.
-Justine, listen to me.
Abundance and prosperity belong
to each and every one of us.
The trouble is, most people
cannot accept that.
So they live lives of denial
and self-deprivation.
-You should not make the same mistake.
-This belongs in a museum.
Well, then, the Getty should not have
allowed me to outbid them last week.
-I don't know what to say.
-A simple "thank you" will suffice.
-I don't know what to say.
-A simple "thank you" will suffice.
Thank you.
It's insured for $75,OOO.
Premium's to be paid by me
in perpetuity.
-Where am I going to hang a Watteau?
-Anywhere but over the bathtub.
Enjoy.
May it be the first of many
in your collection.
Yes, Louis?
Send him in.
Judge Bornstein lifted
the contempt order.
So I heard.
I couldn't stay in there
another night.
I thought I could handle it.
But the smell of men...
...the sound of clanging metal...
...and this gray slop they expected us to
eat made from God only knows what.
So you've agreed to testify?
Understand something, Mr. Hoffman.
I don't want to do this.
I don't want to do this to my patient.
I don't want to do this to my reputation.
Such as it is.
If I knew, at a point,
the judge would've let me out...
...maybe I could have hung on...
...but to be locked up
on an open-ended basis. I'm sorry.
So you martyr yourself
a couple of days...
...to get the jury believing
you're a man of conscience...
...when nothing could be further
from the truth.
What's Cross paying you?
Five million?
Ten million?
What's the going rate for putting
an innocent man away...
...for the rest of his life, doctor?
You have a right to be angry and upset.
I let you down. I let myself down.
I can't deny I lacked the strength of will
to see this through.
But I tried to do the right thing here.
Whether or not it counts
for anything...
...l did the best I could.
But the food was lousy,
so who could blame you?
"Avedon jurors frolic in the nude. "
I I I I
Jurists not so prudent.
"Avedon jurors tamper
with each other--"
Your Honor, we were alone
in my back yard...
...and had no idea we were
being photographed.
-I never even saw a helicopter.
-From these photographs...
...it seems your attention
was elsewhere.
That could be anybody's butt.
You were both admonished to exercise
discretion and good judgment.
At a minimum, that might include
taking it in the house...
...behind closed doors,
with the shades pulled down.
This is obviously an unfortunate
situation for all parties.
But I submit that neither of them
intentionally ignored your admonition.
They simply were unprepared
for this level of intense scrutiny.
Whether it was their intention or not...
-...the damage is done.
Damage?
The jurors have been admonished
not to read any trial news coverage.
Clearly, that prohibition
extends to this incident.
If they follow their oath,
there will be no problem.
He sees no problem. He likes these
jurors. He doesn't want to lose them.
The people aren't entirely self-serving
in their attempt to unseat them?
The comportment of Ms. Antonelli
and Mr. Bewkus...
...threatens to overshadow the evidence
we've presented to this jury.
Unless these two jurors are
immediately dismissed, our belief is...
...that the people will be deprived
of their right to a fair trial.
Under the circumstances, I don't see l
have any choice but to dismiss you two.
I can't believe you're actually
gonna dismiss us because of some...
-...Victorian notion of sin.
-That's enough.
Save your breath, Miles. She's an
old-guard, doctrinaire, anti-fem feminist.
Who thinks men and women
have to be desexualized to be equal.
Young woman...
...the sacrifices some of us made who
came before you is what allows you...
...to sit here today and insult a judge,
who's also a woman.
Now, before I have you incarcerated,
I'll ask you to leave my chambers.
When I write my book, there are
gonna be some people in this room...
...who aren't gonna be happy.
Doctor, during the period of time...
...that the defendant
was a patient of yours...
...were you able to make a diagnosis
that, in your opinion, could explain...
...the violent attack he made
on Amy Scott at lephyr House?
Well, Mr. Avedon suffers from
a deficiency of serotonin...
...a naturally occurring substance
in the brain and the blood serum.
lndividuals who lack a requisite
amount of this neuro-transmitter...
...frequently behave in
an aggressive manner...
...inflicting violence on themselves
or on others.
Can this condition be controlled
with medication?
The new generation of
selective serotonin re-uptake inhibitors...
...which includes loloft, Paxil, Prozac
and the like...
...provides effective
medical management, yes.
Did you prescribe such drugs
for the defendant?
I did, but after
a short course of the drug...
...he refused to continue taking it.
Did he tell you why he discontinued
the medication?
Yes. He said it interfered with his
ability to maintain an erection...
...and to achieve orgasm.
Doctor, is there any other factor...
...that can exacerbate violent behavior
in someone who suffers...
...from a serotonin deficiency?
Chronic drug
and alcohol abuse, yes.
Did you see the defendant the night
Jessica Costello was murdered?
Yes, I did. He came to the clinic
that night about 1 :30 in the morning.
Can you describe his affect?
Well, he was very upset. Agitated.
He seemed to be
in a disassociated state.
Was he under the influence
of drugs and/or alcohol?
-Both.
-At that time, did Neil Avedon reveal...
...anything to you which led you to
form an opinion as to the cause...
...of his agitated state?
He told me that he'd been in Jessica's
apartment earlier that evening.
They'd had a fight.
He lost his temper.
And he said that he killed her.
-I never said that!
Neil.
That's a lie! I never said that
to you or anyone else!
There will be no more outbursts
in my courtroom.
Do you understand?
-Yes, Your Honor.
-Continue.
When Mr. Avedon told you
he had just killed Jessica Costello...
-...did he seem coherent?
-Yes.
-Was he delusional?
No.
Was it your opinion the defendant
was reporting a fantasy or a dream...
...when he told you that
he had killed Jessica Costello?
-No.
-Did he describe his encounter...
...with Jessica Costello that evening...
...as one that felt as if
he had killed her?
No.
Was it your opinion, Dr. Lester,
that when Neil Avedon told you...
...he had just murdered
Jessica Costello...
...he was reporting this to you
as fact?
That was my strong opinion, yes.
Thank you. Your witness.
You testified Mr. Avedon
was drunk and high on drugs.
How do you know he wasn't mistaken
in concluding she was dead?
Given his level of agitation, I had no
reason not to take him at his word.
So in your mind it wasn't even worth
dropping a dime to 911 ...
-...on the chance of saving a life?
-Objection. Argumentative.
I'll rephrase the question.
Did you call the police?
-No.
-Did you call an ambulance?
-No.
-What did you do?
I tried my best to calm Neil down.
I gave him a sedative...
-...and then I put him to bed.
-Was he there in the morning?
-No.
So you let a man...
...presumably with a history
of violence...
...who you say told you he had
committed a murder, roll out of bed...
...and walk out the door.
Doctor, does everyone who suffers
from serotonin deficiency...
...experience the symptoms
you described?
Mood swings, aggressive behavior
and the like?
-Not everyone, no.
-ln your capacity...
...as a trained psychiatrist...
...is it your opinion that most individuals
suffering from serotonin deficiency...
-...go out and kill people?
-No.
Doctor, have you ever been investigated
for raping one of your patients?
Objection, Your Honor. Counsel is
attempting to poison these proceedings.
His questions have only one purpose,
to slander and malign.
Goes to credibility. He's offered his
professional opinion as testimony.
You're not going to do it like that,
counsel. Objection is sustained.
Ever been investigated
for illegally prescribing drugs?
-Same objection.
-Sustained.
-Are you a friend of Richard Cross?
-Yes.
Are you aware that he was arrested
for this murder?
-Objection. Irrelevant.
-Approach.
Your Honor, a relationship exists
between Dr. Lester and Mr. Cross...
...that gives this witness a compelling
motive to slant his testimony.
-lt demonstrates bias.
Counsel has demonstrated...
...no foundation whatsoever
for this line of questioning, Your Honor.
All he's doing is slinging mud here.
l've warned you before.
If Mr. Cross is the linchpin
of your defense...
...make your case in the light of day,
not by innuendo and inference.
Now, step back.
Did you rehearse your testimony
with anyone from the DA's office...
...prior to coming here today?
We went over questions
I might be asked, yes.
Did you rehearse your testimony
with Richard Cross?
Did you rehearse your testimony
with Richard Cross?
-Objection.
-Last warning, Mr. Hoffman.
Withdrawn.
I'm done with the witness.
Dr. Lester, do you recognize this?
Uh, yes, this is Neil Avedon's
medical chart.
Would you read to us, please,
the last entry dated September 21 ?
"2:35 a.m. Pulse, 95.
Blood pressure, 180/120.
Pupils not responsive to light.
Apparently intoxicated.
Patient despondent, agitated,
reports having killed girlfriend.
Administer 10 milligrams Valium l.M."
Nothing further.
"ln re: United States v.
Morgensten, this letter will confirm...
...our conversation of November 27.
To wit, cost and services
incurred to this day...
...have exceeded the retainer
previously paid. "
Francesca Romano is here to see you.
-She's taken back her maiden name.
-Show her in.
"An additional amount of $27,OOO
will be required...
I I
...to continue the services of this firm.
-Am I interrupting?
Not at all.
I won't stay long.
I just wanted to see
how you were doing.
I heard about you and Annie.
Bad news travels fast in this town.
I'm so sorry, Ted.
I'm hopeful that this is temporary and
Annie and I will be able to work it out.
I'm sure you will.
I have to ask...
...did the rumor about you and me
have anything--?
Nothing whatsoever to do with this.
This has been brewing for a while.
Nothing whatsoever to do with this.
This has been brewing for a while.
Since I first took this case.
I always thought of myself
as someone capable...
...of doing more than one thing
at a time.
l've been a better lawyer
than a husband lately.
I hope Annie can find her way through
this without doing anything rash.
She has no idea how lucky she is.
Take it from someone who hasn't
been as fortunate in marriage.
Well, we're going to get
the help we need...
-...and we'll see how it goes.
-How's your little girl coping?
As well as can be expected
under the circumstances.
I'll hold a good thought for all of you.
You're a dear friend, Francesca.
I don't want to hear that you've been
moping around your hotel room...
-...like some forlorn bachelor.
-Let me cook you dinner one night.
I'm, uh...
...overloaded with work as it is, which is
how I got myself into this predicament.
-But if I get a patch of blue sky....
-You'll call me.
Yeah.
Okay.
When do you think I'll
be called to testify?
After that debacle in court today, Ted's
going to need to do something fast...
...to rehabilitate Neil
in the jury's eyes.
My guess is you'll be up next.
I just want to get through this.
You'll do fine. All you gotta do
is sit up there and tell the truth.
Do you want to take
any of this food home?
No, we can, uh, leave it
for the cleaning crew.
lt'll only end up growing penicillin
in my refrigerator.
Speaking of telling the truth...
...l can't expect you to trust me...
...unless I do my part in being
completely aboveboard with you...
-...which I have not been.
-How so?
Well, the other night I rattled off a litany
of moral and ethical considerations...
...that precluded my getting involved
with you romantically.
And, uh, the fact is that none of that
really matters to me...
...given the, um, profound feelings...
-...of affection I have for you.
-Arnold?
Let me finish.
This needs to be said.
You expressed your vulnerability to me,
even attraction, if I'm not overstating it.
-You're not, but--
-How did I repay your honesty?
By hiding behind stammered excuses.
"lt would be inappropriate,
irresponsible.... "
That's not what I think at all.
I think it would be wonderful.
But I couldn't allow myself
to admit that out of fear.
Spivak men are known
for being fearful.
Arnold, everything you said the other
night was totally right on.
Trust me, I had no idea
what I was saying.
I did. And God bless you for saying it.
There I was, ready
to throw caution to the wind.
Fortunately, you're a much more
disciplined person...
-...with more self-control than I have.
-Yeah...
...too much self-control can also land
you in a clock tower with a sniper rifle.
Do you know how many men have ever
said to me in the heat of passion:
"Hey, are you sure we're doing
the right thing here?" Exactly. One.
You, Arnold.
At the time, I didn't understand...
...because I'm not used to
being treated with respect.
And that only makes me
want you more.
You and I will have our time.
But not during the trial.
Which could go on for months.
Yeah. I don't want to get
the firm in trouble.
I don't want to get you in trouble.
I don't want to get you in trouble.
Okay. Well, I'll walk you down
to your car then.
Uh, I'd rather you didn't. It's hard enough
saying good night as it is.
Well, I'll see you.
See you in the morning, then.
Okay.
The comely ex-juror. a self-described
feminist. will bare all...
...in the upcoming issue
of Penthouse...
...while hunky boyfriend.
Miles Bewkus...
...has sold the story
of their torrid romance...
...to Twentieth Century Fox
for an undisclosed figure.
It's called Love in a Crowded Room,
and it's about a man and a woman...
...torn between their passion
and their constitutional responsibility.
Who does he think should play him
in the movie?
A younger De Miro. Or Brad Pitt.
I think he'd be good.
Lizzie? Hi, it's me.
I miss you too, sweetheart.
How was school today?
An "A" in social studies?
That's terrific.
How's geography coming?
I know it's hard. I had to memorize
the states and capitals too.
lt just takes practice.
What's the capital of Kentucky?
Right! And what's the capital of Kansas?
Oklahoma?
Right! You see? You know more
than you thought you did.
I love you too.
Subtitles by
SDl Media Group
OCR extraction
by D.Lauper
We believe the doctor's files on
the defendant should be opened.
Let's see what the doctor knew
and when he knew it.
What are the chances the judge
will keep Dr. Lester's records sealed?
lero. But I think she's wrong.
If I'm right, Lester's records are filled
with references to your violent nature.
lncluding a back-dated memo describing
how you confessed to murdering Jessica.
This is my shrink we're talking about?
We're talking about a corrupt bastard
who's selling you down the river.
The victim's sister.
Have you prepped
Julie Costello to testify?
She's coming in today.
Mind your p's and q's.
Assume anything you say
goes back to Richard Cross.
Why don't we try a
dry run on your direct.
-Are you married?
-No.
-Attached?
-No.
I walked out on Richard and the only
person I could think to go to was you.
You could stay at my place until you
figure out your next move.
Thank you.
The secret art deal.
Do you know much about art?
I was an art major in college.
Can't afford the paintings yet,
so I buy the books.
A Hans Holbein is coming on the market
in three months.
Very rare. I'd like you to go to
Amsterdam and negotiate the purchase.
Wouldn't you be better with...
-...a professional art house handling this?
-I want you.
He wants me to fly to
Amsterdam to buy some painting.
He made a big show of wanting it to be
all right with you.
-It's not.
-I know this isn't about art.
-I could be your inside guy on this.
-Tell Richard you aren't interested.
Do we have something to celebrate?
-Excellent.
Only about Ted.
I'd like to choose
the right time to tell him this.
I'm sure you'll tell Ted
when you're ready.
A marriage in trouble.
I keep putting this
conversation off, and I can't anymore.
I can't keep living
the way we've been living.
The trial's been exhausting. I know.
I think we need to
separate for a while.
Annie, don't do this. I love you.
I'm sorry.
It is the finding of this court
that Dr. Lester was a percipient witness...
...to threats made by Mr. Avedon
against a young woman under his care.
The doctor then failed
to safeguard the community.
He failed to insure
the young woman's safety.
He even failed to monitor
Mr. Avedon's menacing behavior.
lt is the ruling of this court that
Dr. Lester's failure to act effectively...
...waives any privilege
of confidentiality.
Mr. Avedon's medical records,
held by Dr. Lester, will be unsealed.
Dr. Lester will be compelled to testify.
Bring in the jury.
Your Honor, the people would ask...
...that Dr. Lester
be deemed a hostile witness...
...for purposes
of direct examination.
The defense asks to be heard
in opposition to that motion.
Keep your eyes on the proceedings.
-I'll keep my eyes wherever I want.
-Gentlemen, is there a problem?
-No, Your Honor.
-Juror number three...
-...is there a problem?
-No, Your Honor.
Mr. Hoffman, you had asked
to speak in opposition.
-Yes.
-I have to go through you...
-...to talk to her?
Juror three!
That's not going to happen.
I will talk to her whenever I want.
-lf you don't like it. Too bad.
-I don't like it.
Live with it.
She doesn't want you...
-...to talk to her. Live with that!
-Jurors number three and 10...
...in my chambers, right now.
Juror number 10 is having
an affair with juror number two.
-Do you deny it?
-It's none of your business.
-ls it true?
-Isn't there a right of privacy issue?
What is it, the Fourth
Amendment, the Third Amendment?
Mr. Bewkus, if you're suggesting
it's none of the court's business...
...allow me to set you straight.
This court's business extends to
anything that interrupts its sessions...
...or may taint its jury deliberations.
Now....
I will ask you again, are you
and Ms. Antonelli having an affair?
Ms. Antonelli and I have
become friends to some extent.
The problem here is not us.
The problem is him. He's been rebuffed.
I wasn't aware of being rebuffed.
ls that what happened in your mind?
l've been rebuffed.
Mr. Metzger, what is your relationship
with Ms. Antonelli?
Truth be told, I barely know her.
He's been putting the moves on her
since the first day of voir dire.
How would you know that?
You weren't here.
You didn't get here until
the last day of voir dire.
-She told me.
-lt appears we have a problem.
-Yes, it does.
Listen to me.
I'm not going to stop this trial
dead in its tracks for this nonsense.
Until I reach a final determination
as to what action is warranted...
...l will assume you can and will conduct
yourselves as adults in that courtroom.
ls that understood?
-Yes, Your Honor.
-Yes, Your Honor.
Good. Thank you, gentlemen.
-This is because of you.
-Don't even talk to me. You're a baby.
You treated Neil Avedon from November
of 1993 to September of 1995, right?
-Yes.
-ls this your handwriting, doctor?
-Uh, yes, it is.
I'd like you to look through...
...the files and tell me if these
are the notes you kept on Neil Avedon.
Uh, yes, they are.
I refer you to the notes on a session
marked September 9th, 1995...
...and I would ask that
you read them to us.
The people ask the court to instruct
the witness to comply...
-...with the court's order.
-The witness is so ordered.
I won't do that, Your Honor.
No court can compel me to divulge
confidences placed in me by my patients.
Dr. Lester, the court has ruled that your
privilege against testifying as to your...
...notes and conversations with
the defendant have been waived.
-Do you understand that?
-Yes.
Are you refusing
to abide by the court's ruling, doctor?
Yes, I am. The oath of my profession
prohibits me from divulging any...
...privileged communications.
Your Honor, the defense asks for an
opportunity, prior to the court's ruling...
...to offer oral argument and
submit papers in support of...
...the witness's right not
to violate privilege.
Denied. I find Dr. Lester
in contempt of court...
...for refusing to comply with
a direct order of this court.
He is hereby remanded
into custody.
Your Honor, the defense asks...
...that these proceedings be stayed
while the writ of prohibition...
...is filed with
the California Court of Appeal.
This court stands in recess
for today only.
Did you tell him that you did it, Neil?
MAN 2: Did you confess?
MAN 3: Is there a confession, Ted?
-No.
-ls Lester prepared to stay in jail?
You'll have to ask him that question.
You're filing a writ. There must be
something explosive about those notes.
Recovering addicts tell their
psychotherapists many things.
Some are real, some not.
We think the court is wrong and we're
filing a writ with the Court of Appeal...
...which, if successful,
will prevent this miscarriage of justice.
That's it for now, guys.
Neil, did you confess? Neil?
By tomorrow, we need to find out
about every ruling...
...on doctor-patient privilege
that helps or hurts us.
Wanna see who's interested
in filing amicus briefs?
Wanna see who's interested
in filing amicus briefs?
No time.
We're telling the Court of Appeal
that prejudicial outweighs probative.
-That would be one line of attack.
-I'd hammer on Casillas, Saxon...
-...and Rasmussen.
-How would you address Jacobson?
I'd distinguish Jacobson
based on the shrink...
...withholding information
as opposed to the colorable claim...
...of negligent withholding,
as in this case, okay?
Do you have
someplace else to be, Arnold?
I have Julie Costello
waiting in the library.
You still, uh, prepping her for court?
Yeah, I'm still prepping her for court.
You're being thorough, Arnold.
Shall I blow her off?
Justine and Lisa are bearing the brunt
of the work, but I want you available.
Available. I'll be in the library.
-Go.
-Thank you.
Your sister was eight years younger
than you, is that right, Ms. Costello?
Yes.
She was sent to live
with you...
...because your parents couldn't
manage her, is that right?
-Yes.
-Hands.
She drank, she used drugs,
she was promiscuous...
-...and they sent her to you?
-Yes.
ls it fair to say you felt
responsible for her?
-Yes.
-ls it your testimony, when she...
...took up with Neil Avedon,
you were pleased?
Yes, I was pleased.
Were you aware of his
serious cocaine habit?
No, I was not.
I thought Neil was good to her.
ls it possible that you're saying
that now because it's easier...
...than believing you permitted
and even encouraged her...
...to remain in a relationship that
resulted in her being murdered?
That's a little rough.
Sorry.
ls Grasso really gonna ask me
things like that?
Yeah, I'd be prepared for it.
It's a good thing I'm tougher
than I used to be.
Well, you've been through a lot.
You've had to get tougher.
I never wanted to be tough.
I always wanted to be trusting.
-lt turns out I was mostly just stupid.
-Don't be so hard on yourself.
-No?
-No.
Be good to yourself.
Maybe even indulge myself a little?
Yeah, sure. Why not?
What if that means
making love to you?
What if it means that?
Uh, there would be some, uh,
problems attendant to that.
What problems?
You're a client.
You're a witness.
This is an emotionally overwrought time
for you. I would hate to think I was...
...you know, taking advantage
of a situation.
I think rather than giving in to our
impulses, we should try to control them.
Mm-hmm.
It's what, uh, distinguishes us
from the lower-order primates.
We can kind of control our impulses.
Without that, we're...
...basically apes.
Hey, we were just finishing up.
I was gonna go out
and pick up some dinner.
I wanted to know if you wanted any.
No. No, thank you.
Grownups are funny sometimes,
honey.
They love each other, but they
can't always live with each other.
What we both want you to know
and not have any doubts about...
...is that we love you
very, very much.
That's right.
And nothing can ever change that.
What we're doing is sort of
a temporary thing.
Daddy's in the middle of this big trial.
Everybody's under pressure....
Mommy and I thought
that it would be best--
Are you getting a divorce?
That's not something
we know right now, honey.
All we're doing is taking a little break.
All we're doing is taking a little break.
I'm gonna move out, but I'll
be at a hotel right nearby.
And I'll see you or speak to you
every single day.
-That I promise.
-So you might get a divorce, right?
We don't know, honey.
It's not something you
have to worry about, though.
That's right.
Whatever we do...
...you've got us both for life.
...you've got us both for life.
Will you trust me on that?
Yeah.
Good night, baby.
Love you.
I love you too, Mommy.
Sleep tight.
Justine. Lisa. Great brief.
-Thanks.
-Thank you.
Any prayer of reversing Bornstein
on this?
We're sure as hell going to
take our best shot.
Regarding the love triangle
among jurors two, three and 1 O...
-...has someone notified Vitale?
She'll meet us in court.
One other thing...
...my wife and I are experiencing
some, uh, marital difficulties.
We don't know at this point
what the future holds...
...but I just wanted you
to hear about it from me first...
...since inevitably, you're gonna be
hearing about it from someone.
Having said that, we're due in court.
-Did you know this was happening?
-I had no idea.
Could I speak to you, Justine?
Sure.
I just want you to know that
nothing happened last night.
-Okay.
-She went back to your place...
...l went back to mine.
Nothing transpired.
You don't have to explain yourself.
I just wanted you to know.
Okay, Arnold. I believe you.
Was there an attraction?
Yes, there was--
Arnold, you're going on about this.
You don't have to report this, do you?
No, I don't do that.
Good.
I'm feeling a little violated
right about now.
I'm sorry to hear that.
When you take the oath to serve on
a jury, your life ceases to be your own.
What is it you want to know,
Your Honor?
Whether or not I've had sexual
intercourse with Mr. Bewkus?
The answer is yes. Now what?
Now I determine whether or not
to dismiss you both.
For entering into a sexual relationship?
Interesting.
Ms. Grasso. Mr. Hoffman. Do you have
anything you'd like to ask Ms. Antonelli?
The first thing I'd like to ask...
...is the degree to which you and
Mr. Bewkus see eye to eye on things.
That's hard to say. We haven't
known each other very long.
You can understand it might be
a cause for concern...
...that one of you might be
unduly influenced by the other.
I think both of us are independent,
adult individuals who are capable...
...of not being unduly influenced.
Are you capable of conducting
this relationship with discretion?
Absolutely.
If it upsets a member of the jury...
...do you think you can conduct yourself
in a way that they won't be offended?
I wasn't aware of having
flaunted it particularly, but...
...l can make a special effort at
remaining discreet. The answer is yes.
Thank you, Ms. Antonelli.
Gene, would you escort Ms. Antonelli
back to the jury room? Thank you.
-Are you kicking me off the jury?
-I haven't made up my mind.
When I do, you'll be the first to know.
I move that both Antonelli
and Bewkus be dismissed.
Let's not make the cure
worse than the illness.
There's no indication
the relationship between them...
...will have any effect on
the deliberation.
You don't think their independence
has been compromised?
No. I think two people can sleep
together and disagree about everything.
You will agree, it at least raises
the potential for problems.
The potential for that is there with every
one of the 12 people on this jury...
...whether they're sleeping together
or not.
What I don't think we should do...
...is discard two members of the jury
we all worked very hard to assemble.
What about the impact on
the other members of the jury?
You know they're all aware of it.
How do we know it has any impact?
One way would be to ask them.
She's not ruling
until she interviews the other jurors.
I'm not crazy about the alternate pool,
I'll tell you that.
ls she gonna get rid of Antonelli
and Bewkus?
Who knows?
She could dismiss the two of them
plus Metzger.
Which would be better than
just dismissing the two of them.
However bad Metzger
was for us before...
-...he's worse now.
-Why?
Resents his own lack of effectiveness...
...masks feelings of inadequacy
with aggressive social behavior.
He's not the guy who gets the girl,
and hates the guy who does.
-By extension that would be Neil.
The worst part is losing Antonelli.
-She was an ace in the hole.
It's true.
She and Bewkus would have
formed a nucleus.
First we lose the Lester motion.
Now this.
Lisa, would you take Neil to the Court of
Appeal? I'll join you there in a moment.
-I have to talk to Chris and Lorraine.
-Sure.
Listen to me, both of you.
No more recitations of gloom and doom
around Neil. Do you understand?
The news isn't exactly good, Ted.
No, and I'm not suggesting we lie
to him. But the only point at which...
...we'll know what kind of jury we've
got is when they render a verdict.
Until that point, our job is to put on
a game face, prop up our client...
...and get him through this.
Ultimately the ordeal is his.
I would suggest we act accordingly.
The failure of Dr. Graham Lester to act
in regard to a Ms. Amy Scott...
...has nothing whatsoever to do
with the facts in this case.
Why doesn't it have to do with the
defendant's modus operandi, counsel?
Your Honor, I don't believe there to be...
...a common modus between homicide...
...by strangulation and an alleged
outburst in a group therapy session.
The type of prejudicially tainted evidence
found in a therapist's notebook...
...is exactly the type of evidence
the law was intended to exclude.
ln a therapy session, a great many things
are said in a great many contexts.
ln a therapy session, a great many things
are said in a great many contexts.
Putting that before
this jury proves nothing...
...while doing the patient great harm.
Accordingly, I request that
a writ of prohibition be issued.
And that the evidence be excluded.
-Ms. Grasso.
The incipient violence...
...of a group therapy session and the
homicidal violence that took place...
...in the decedent's apartment
are two points on a continuum.
They are related events.
Privilege has been
constructively waived.
It's proper and appropriate
and well-supported by case law...
...such as cited in
our opposing papers...
...that the defendant's
psychiatric records...
...should be admitted into evidence.
Thank you.
After reviewing your moving papers
and counsel's oral argument...
...we deny the defense writ. And the
matter of People v. Neil Avedon...
...is remanded to the trial court
for further proceedings.
You and I have had
our differences, Graham.
But I want to express my admiration
for the stance you're taking.
There comes a time
in everyone's life...
...when circumstances force you
to see what you're made of.
All my life, I've been able to talk
a pretty good game.
Now the time has come for me
to be able to back that up.
I made an ethical decision.
A moral choice.
Now I have to be prepared to endure
the consequences.
I think I am prepared.
And I feel pretty good about that.
Let's go.
Those two always sit next to each other.
They eat lunch together every day.
-I figured something was up.
-Did you ever hear Mr. Bewkus...
...and Ms. Antonelli discuss
any of the testimony in this case?
No.
They don't seem to talk
all that much.
Most of the time they just sit there
making eyes at each other.
I guess a wedding ring doesn't mean
anything to some people.
Have Mr. Bewkus and Ms. Antonelli
conducted themselves in such a way...
...as to compromise your ability
to remain impartial?
Hell, no. She's a good-looking girl.
If I was his age, I'd be doing
the same damn thing.
While I still could...
-...Your Honor.
-To be honest, until today...
...l had no idea they were an item.
ln light of what you've heard,
can you still be open-minded...
...toward them during your
deliberations?
Why wouldn't I be?
It's a free country.
Close quarters, you gotta
expect something like this might happen.
ln this day and age, though, I'm just glad
it's not the two fellas carrying on.
I'd have a problem with
something like that. A big problem.
As long as they weren't talking about
the case, a booty call's a booty call.
You know what I'm saying?
Your Honor, the only juror experiencing
any level of discomfort here...
...that could impair his ability to be fair
and objective is Mr. Metzger.
Therefore, the reasonable course
is to remove him from the panel.
-The people strenuously disagree.
-Why does that not surprise me?
Your Honor, these two people have been
engaging in an adulterous relationship--
It's not the court's place to impose
moral sanctions on consenting adults.
-As the lady said, it's a free country.
-This type of conduct...
...is offensive to many people
nevertheless.
I don't want to see this end
in a mistrial...
...just because one of our jurors...
...was biased against one
or both of our lovebirds.
Diversity of opinion and lifestyle
is a desirable attribute in a jury.
I hope Ms. Grasso isn't longing for a
return to the days when jurors...
...had to be white, male,
Protestant landowners--
Cutting through counsel's sarcasm,
the lack of divergent opinion...
...is what troubles me.
The fact these people are lovers...
...gives them undue influence
over each other.
An assumption based on what?
-Common sense.
Two people in a hormone haze are
predisposed to share a common opinion.
The cleanest remedy is to pitch
all three of these people.
But I'm not going to do that
because I don't want to cut...
...that deeply into the alternate pool
this early in the trial.
lt is my finding that,
while not ideal...
...this situation hasn't significantly
compromised the jury's ability...
...to deliberate in a fair
and impartial manner.
This is a court of law,
not high school.
A young woman is dead, and a young
man's fate is in your hands.
I expect each of you...
...not to be diverted from the obligation
you've sworn to fulfill in this trial.
Henceforth, you will conduct
yourselves accordingly.
And with the utmost discretion.
Do I make myself clear?
Yes, Your Honor.
Let's get back to work.
We're back on the record
in the Avedon matter. Counsel?
It's our understanding that Dr. Lester
is still unwilling to testify.
It's our understanding that Dr. Lester
is still unwilling to testify.
Unless the people intend to call other
witnesses, the defense has a motion.
-Any more witnesses, Ms. Grasso?
-Not at this time, Your Honor.
However, should Dr. Lester elect
to comply with the court's order...
...as is our hope...
...we intend to call him to testify
as part of the people's case in chief.
Should he change his mind,
he would be so allowed.
Mr. Docknovich, make your motion.
Pursuant to Penal Code Section 11 18...
...the defense moves for dismissal
due to insufficiency of the evidence.
Motion denied.
Given the lateness of the hour...
...we will stand in recess
until 9 a.m. tomorrow morning.
The defense generally moves
for dismissal...
...after the prosecution
presents its case...
...if only to tell the jury. "We
don't think the people did their job."
And generally. the judge denies the
motion as Judge Bornstein just did?
-Correct.
Hi .
Hi, Julie.
-Have you seen Arnold around?
Yeah, he's downtown on the filing.
He'll be back any minute.
Oh.
I thought I'd take him out for dinner.
He's been so patient
helping me get ready to testify.
Any idea what kind of food he likes?
Judging from his necktie,
just about anything with gravy.
-Can you sit for a second?
-Yeah.
-This probably isn't any of my business.
-lf it's about the other night...
...that was completely inappropriate.
And it was all my fault.
I just couldn't help myself.
Arnold isn't like anyone
l've ever known.
-He's one of a kind, all right.
-Yeah.
Yep, yep.
After all those years of guys
in Porsches trying to hustle me...
...or shove a hundred-dollar bill
up my nostril.
-Richard seems smoother than that.
-I didn't mean Richard.
No, he's a whole other kettle of fish.
-He seems like a pretty complicated guy.
-There's an understatement.
When you're with Richard,
it's like being lost in a fog.
All very calm and cool
and scary as hell...
...because you can't quite see
what's right in front of your eyes.
But Arnold is a real live flesh-
and-blood human being.
Um, l--
I don't want to sound like a scold...
...but for a key witness to get involved
with a member of the defense team...
...tabloid press will blow it
out of proportion.
lt could cast a bad light on this firm.
It certainly won't help Neil Avedon.
There's a lot at stake here for a lot
of people, Julie.
And as a practical matter, Arnold
doesn't need the distraction right now.
-You're a distraction for any man.
-I'm not sure how I should take that.
lt wasn't meant as anything
other than a compliment.
I just don't want to see a messy
situation get messier.
Seventeen million dollars
is a small price to pay...
...for a 21/2-by-3-foot
piece of immortality.
Which is what this Holbein is.
A fragment of timelessness
to divert me from the inevitability...
...of my own mortal ruin.
It's amazing, isn't it?
A young girl working in a field one
afternoon catches Holbein's attention....
Five hundred years later, that
moment is still there for us to see.
When can I take possession?
As soon as the auction house
confirms the provenance.
Justine, I can't tell you
how pleased I am.
-Not on a school night.
-Oh, nonsense.
Let's toast to Hans Holbein...
...and the young girl he saw that
afternoon 500 years ago.
So. How's Julie?
She's okay.
Well, let's not dwell on sadness.
Tonight should be given over
to celebration. This is for you.
What for?
An acknowledgement of all your hard
work you've done on my behalf.
For the past, present and hopefully
the future. Open it. Come on.
Shh.
My word.
Oh, my God!
Done by Watteau in 1718.
-Richard, I can't possibly accept this.
-Of course you can.
No. No, I really can't.
-Why not?
-Because. I can't for many reasons.
-This is way, way out of bounds.
-Justine, listen to me.
Abundance and prosperity belong
to each and every one of us.
The trouble is, most people
cannot accept that.
So they live lives of denial
and self-deprivation.
-You should not make the same mistake.
-This belongs in a museum.
Well, then, the Getty should not have
allowed me to outbid them last week.
-I don't know what to say.
-A simple "thank you" will suffice.
-I don't know what to say.
-A simple "thank you" will suffice.
Thank you.
It's insured for $75,OOO.
Premium's to be paid by me
in perpetuity.
-Where am I going to hang a Watteau?
-Anywhere but over the bathtub.
Enjoy.
May it be the first of many
in your collection.
Yes, Louis?
Send him in.
Judge Bornstein lifted
the contempt order.
So I heard.
I couldn't stay in there
another night.
I thought I could handle it.
But the smell of men...
...the sound of clanging metal...
...and this gray slop they expected us to
eat made from God only knows what.
So you've agreed to testify?
Understand something, Mr. Hoffman.
I don't want to do this.
I don't want to do this to my patient.
I don't want to do this to my reputation.
Such as it is.
If I knew, at a point,
the judge would've let me out...
...maybe I could have hung on...
...but to be locked up
on an open-ended basis. I'm sorry.
So you martyr yourself
a couple of days...
...to get the jury believing
you're a man of conscience...
...when nothing could be further
from the truth.
What's Cross paying you?
Five million?
Ten million?
What's the going rate for putting
an innocent man away...
...for the rest of his life, doctor?
You have a right to be angry and upset.
I let you down. I let myself down.
I can't deny I lacked the strength of will
to see this through.
But I tried to do the right thing here.
Whether or not it counts
for anything...
...l did the best I could.
But the food was lousy,
so who could blame you?
"Avedon jurors frolic in the nude. "
I I I I
Jurists not so prudent.
"Avedon jurors tamper
with each other--"
Your Honor, we were alone
in my back yard...
...and had no idea we were
being photographed.
-I never even saw a helicopter.
-From these photographs...
...it seems your attention
was elsewhere.
That could be anybody's butt.
You were both admonished to exercise
discretion and good judgment.
At a minimum, that might include
taking it in the house...
...behind closed doors,
with the shades pulled down.
This is obviously an unfortunate
situation for all parties.
But I submit that neither of them
intentionally ignored your admonition.
They simply were unprepared
for this level of intense scrutiny.
Whether it was their intention or not...
-...the damage is done.
Damage?
The jurors have been admonished
not to read any trial news coverage.
Clearly, that prohibition
extends to this incident.
If they follow their oath,
there will be no problem.
He sees no problem. He likes these
jurors. He doesn't want to lose them.
The people aren't entirely self-serving
in their attempt to unseat them?
The comportment of Ms. Antonelli
and Mr. Bewkus...
...threatens to overshadow the evidence
we've presented to this jury.
Unless these two jurors are
immediately dismissed, our belief is...
...that the people will be deprived
of their right to a fair trial.
Under the circumstances, I don't see l
have any choice but to dismiss you two.
I can't believe you're actually
gonna dismiss us because of some...
-...Victorian notion of sin.
-That's enough.
Save your breath, Miles. She's an
old-guard, doctrinaire, anti-fem feminist.
Who thinks men and women
have to be desexualized to be equal.
Young woman...
...the sacrifices some of us made who
came before you is what allows you...
...to sit here today and insult a judge,
who's also a woman.
Now, before I have you incarcerated,
I'll ask you to leave my chambers.
When I write my book, there are
gonna be some people in this room...
...who aren't gonna be happy.
Doctor, during the period of time...
...that the defendant
was a patient of yours...
...were you able to make a diagnosis
that, in your opinion, could explain...
...the violent attack he made
on Amy Scott at lephyr House?
Well, Mr. Avedon suffers from
a deficiency of serotonin...
...a naturally occurring substance
in the brain and the blood serum.
lndividuals who lack a requisite
amount of this neuro-transmitter...
...frequently behave in
an aggressive manner...
...inflicting violence on themselves
or on others.
Can this condition be controlled
with medication?
The new generation of
selective serotonin re-uptake inhibitors...
...which includes loloft, Paxil, Prozac
and the like...
...provides effective
medical management, yes.
Did you prescribe such drugs
for the defendant?
I did, but after
a short course of the drug...
...he refused to continue taking it.
Did he tell you why he discontinued
the medication?
Yes. He said it interfered with his
ability to maintain an erection...
...and to achieve orgasm.
Doctor, is there any other factor...
...that can exacerbate violent behavior
in someone who suffers...
...from a serotonin deficiency?
Chronic drug
and alcohol abuse, yes.
Did you see the defendant the night
Jessica Costello was murdered?
Yes, I did. He came to the clinic
that night about 1 :30 in the morning.
Can you describe his affect?
Well, he was very upset. Agitated.
He seemed to be
in a disassociated state.
Was he under the influence
of drugs and/or alcohol?
-Both.
-At that time, did Neil Avedon reveal...
...anything to you which led you to
form an opinion as to the cause...
...of his agitated state?
He told me that he'd been in Jessica's
apartment earlier that evening.
They'd had a fight.
He lost his temper.
And he said that he killed her.
-I never said that!
Neil.
That's a lie! I never said that
to you or anyone else!
There will be no more outbursts
in my courtroom.
Do you understand?
-Yes, Your Honor.
-Continue.
When Mr. Avedon told you
he had just killed Jessica Costello...
-...did he seem coherent?
-Yes.
-Was he delusional?
No.
Was it your opinion the defendant
was reporting a fantasy or a dream...
...when he told you that
he had killed Jessica Costello?
-No.
-Did he describe his encounter...
...with Jessica Costello that evening...
...as one that felt as if
he had killed her?
No.
Was it your opinion, Dr. Lester,
that when Neil Avedon told you...
...he had just murdered
Jessica Costello...
...he was reporting this to you
as fact?
That was my strong opinion, yes.
Thank you. Your witness.
You testified Mr. Avedon
was drunk and high on drugs.
How do you know he wasn't mistaken
in concluding she was dead?
Given his level of agitation, I had no
reason not to take him at his word.
So in your mind it wasn't even worth
dropping a dime to 911 ...
-...on the chance of saving a life?
-Objection. Argumentative.
I'll rephrase the question.
Did you call the police?
-No.
-Did you call an ambulance?
-No.
-What did you do?
I tried my best to calm Neil down.
I gave him a sedative...
-...and then I put him to bed.
-Was he there in the morning?
-No.
So you let a man...
...presumably with a history
of violence...
...who you say told you he had
committed a murder, roll out of bed...
...and walk out the door.
Doctor, does everyone who suffers
from serotonin deficiency...
...experience the symptoms
you described?
Mood swings, aggressive behavior
and the like?
-Not everyone, no.
-ln your capacity...
...as a trained psychiatrist...
...is it your opinion that most individuals
suffering from serotonin deficiency...
-...go out and kill people?
-No.
Doctor, have you ever been investigated
for raping one of your patients?
Objection, Your Honor. Counsel is
attempting to poison these proceedings.
His questions have only one purpose,
to slander and malign.
Goes to credibility. He's offered his
professional opinion as testimony.
You're not going to do it like that,
counsel. Objection is sustained.
Ever been investigated
for illegally prescribing drugs?
-Same objection.
-Sustained.
-Are you a friend of Richard Cross?
-Yes.
Are you aware that he was arrested
for this murder?
-Objection. Irrelevant.
-Approach.
Your Honor, a relationship exists
between Dr. Lester and Mr. Cross...
...that gives this witness a compelling
motive to slant his testimony.
-lt demonstrates bias.
Counsel has demonstrated...
...no foundation whatsoever
for this line of questioning, Your Honor.
All he's doing is slinging mud here.
l've warned you before.
If Mr. Cross is the linchpin
of your defense...
...make your case in the light of day,
not by innuendo and inference.
Now, step back.
Did you rehearse your testimony
with anyone from the DA's office...
...prior to coming here today?
We went over questions
I might be asked, yes.
Did you rehearse your testimony
with Richard Cross?
Did you rehearse your testimony
with Richard Cross?
-Objection.
-Last warning, Mr. Hoffman.
Withdrawn.
I'm done with the witness.
Dr. Lester, do you recognize this?
Uh, yes, this is Neil Avedon's
medical chart.
Would you read to us, please,
the last entry dated September 21 ?
"2:35 a.m. Pulse, 95.
Blood pressure, 180/120.
Pupils not responsive to light.
Apparently intoxicated.
Patient despondent, agitated,
reports having killed girlfriend.
Administer 10 milligrams Valium l.M."
Nothing further.
"ln re: United States v.
Morgensten, this letter will confirm...
...our conversation of November 27.
To wit, cost and services
incurred to this day...
...have exceeded the retainer
previously paid. "
Francesca Romano is here to see you.
-She's taken back her maiden name.
-Show her in.
"An additional amount of $27,OOO
will be required...
I I
...to continue the services of this firm.
-Am I interrupting?
Not at all.
I won't stay long.
I just wanted to see
how you were doing.
I heard about you and Annie.
Bad news travels fast in this town.
I'm so sorry, Ted.
I'm hopeful that this is temporary and
Annie and I will be able to work it out.
I'm sure you will.
I have to ask...
...did the rumor about you and me
have anything--?
Nothing whatsoever to do with this.
This has been brewing for a while.
Nothing whatsoever to do with this.
This has been brewing for a while.
Since I first took this case.
I always thought of myself
as someone capable...
...of doing more than one thing
at a time.
l've been a better lawyer
than a husband lately.
I hope Annie can find her way through
this without doing anything rash.
She has no idea how lucky she is.
Take it from someone who hasn't
been as fortunate in marriage.
Well, we're going to get
the help we need...
-...and we'll see how it goes.
-How's your little girl coping?
As well as can be expected
under the circumstances.
I'll hold a good thought for all of you.
You're a dear friend, Francesca.
I don't want to hear that you've been
moping around your hotel room...
-...like some forlorn bachelor.
-Let me cook you dinner one night.
I'm, uh...
...overloaded with work as it is, which is
how I got myself into this predicament.
-But if I get a patch of blue sky....
-You'll call me.
Yeah.
Okay.
When do you think I'll
be called to testify?
After that debacle in court today, Ted's
going to need to do something fast...
...to rehabilitate Neil
in the jury's eyes.
My guess is you'll be up next.
I just want to get through this.
You'll do fine. All you gotta do
is sit up there and tell the truth.
Do you want to take
any of this food home?
No, we can, uh, leave it
for the cleaning crew.
lt'll only end up growing penicillin
in my refrigerator.
Speaking of telling the truth...
...l can't expect you to trust me...
...unless I do my part in being
completely aboveboard with you...
-...which I have not been.
-How so?
Well, the other night I rattled off a litany
of moral and ethical considerations...
...that precluded my getting involved
with you romantically.
And, uh, the fact is that none of that
really matters to me...
...given the, um, profound feelings...
-...of affection I have for you.
-Arnold?
Let me finish.
This needs to be said.
You expressed your vulnerability to me,
even attraction, if I'm not overstating it.
-You're not, but--
-How did I repay your honesty?
By hiding behind stammered excuses.
"lt would be inappropriate,
irresponsible.... "
That's not what I think at all.
I think it would be wonderful.
But I couldn't allow myself
to admit that out of fear.
Spivak men are known
for being fearful.
Arnold, everything you said the other
night was totally right on.
Trust me, I had no idea
what I was saying.
I did. And God bless you for saying it.
There I was, ready
to throw caution to the wind.
Fortunately, you're a much more
disciplined person...
-...with more self-control than I have.
-Yeah...
...too much self-control can also land
you in a clock tower with a sniper rifle.
Do you know how many men have ever
said to me in the heat of passion:
"Hey, are you sure we're doing
the right thing here?" Exactly. One.
You, Arnold.
At the time, I didn't understand...
...because I'm not used to
being treated with respect.
And that only makes me
want you more.
You and I will have our time.
But not during the trial.
Which could go on for months.
Yeah. I don't want to get
the firm in trouble.
I don't want to get you in trouble.
I don't want to get you in trouble.
Okay. Well, I'll walk you down
to your car then.
Uh, I'd rather you didn't. It's hard enough
saying good night as it is.
Well, I'll see you.
See you in the morning, then.
Okay.
The comely ex-juror. a self-described
feminist. will bare all...
...in the upcoming issue
of Penthouse...
...while hunky boyfriend.
Miles Bewkus...
...has sold the story
of their torrid romance...
...to Twentieth Century Fox
for an undisclosed figure.
It's called Love in a Crowded Room,
and it's about a man and a woman...
...torn between their passion
and their constitutional responsibility.
Who does he think should play him
in the movie?
A younger De Miro. Or Brad Pitt.
I think he'd be good.
Lizzie? Hi, it's me.
I miss you too, sweetheart.
How was school today?
An "A" in social studies?
That's terrific.
How's geography coming?
I know it's hard. I had to memorize
the states and capitals too.
lt just takes practice.
What's the capital of Kentucky?
Right! And what's the capital of Kansas?
Oklahoma?
Right! You see? You know more
than you thought you did.
I love you too.
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