Murder One (1995–1997): Season 1, Episode 5 - Chapter Five - full transcript
Julie's life may be in danger.
Did you murder Jessica Costello?
On my mother's life...
...nO.
You said you didn't choke
Melissa Griotte during sex.
I didn't.
God help me. I don't remember
any of it.
We're going to run the Avedon tape
over six nights.
What a beast that boy is.
I have information
Richard Cross is innocent.
Mr. Cross hasn't said anyone was
with him at the crime scene.
I was with him last Wednesday night
when he went to that girl's apartment.
What'd they say?
They'll reinstate you.
But only if you agree to retire.
Being a cop, it's a habit.
It's a habit you can break.
About Francesca,
I just want to thank you.
lt will elevate the level of discourse.
I think she has a good soul.
-And I am evil incarnate?
-Are you?
The people here are gonna
kick your butt to get you straight.
You're not gonna like it.
But when you leave here,
you're gonna be clean and sober.
Maybe find out who you are.
And what if I find out who I am...
...is the guy that killed
Jessica Costello?
The preliminary hearing
in the Goldilocks murder case is...
...about to get underway. Charged with
the slaying is film star Neil Avedon...
...who will be bound over for trial
if prosecution can demonstrate...
...a reasonable suspicion
he killed Jessica Costello.
Joining me now is legal expert.
Dana Benson.
Dana. I understand the judge has to rule
on a prosecution motion before...
-...the preliminary hearing begins.
-Correct. Dean.
Meil Avedon has been in a drug
and alcohol rehab facility...
...for the last 21 days
as a condition of bail.
Now that he's released. the prosecution
will want to take another shot...
...with a different judge
at revoking bail.
Some of our callers have wondered
why this case is clicking along...
...at such a fast pace.
Is the state rushing to judgment here?
Actually. it's the defense
accelerating the pace.
If Meil Avedon were my client.
I'd do the same.
Why?
-He's been through rehab. he's sober...
...he's got a film career.
The quicker his attorney can get this
preliminary hearing over with. the better.
All right. thanks very much. Dana.
Judge Alexander has begun proceedings.
Let's join them now in progress.
And as you can see from the report
submitted to the court...
...Mr. Avedon has successfully
completed his rehabilitation program.
Your Honor, just because the defendant
has been awarded a plastic chip...
...doesn't mean he's not a danger.
Cutting through the people's sarcasm...
...that is exactly what the report means,
Your Honor.
I don't agree. With all due respect
to my colleague, Judge Harrigan...
...if it had been my call, Mr. Avedon
would not have been granted bail.
-Your Honor--
I know that we live...
...in an enlightened age,
Mr. Docknovich...
...but because your client acknowledges
being an addict doesn't...
-...make him a pillar of the community.
-Your Honor, if you revoke bail...
...the net effect will be to punish
Mr. Avedon for getting sober.
Counsel, your client is being charged
with homicide.
I'm getting him off the streets
and into custody where he belongs.
Bail is hereby revoked.
Court is in recess until 2:OO.
Bailiff, take him into custody.
You all right?
I'm okay.
I'm not gonna worry
about what I can't control.
Thattaboy.
But I do need one favor.
I want to see Julie Costello.
That's not a good idea, Neil.
Teddy, I caused her a lot of grief.
Okay? I got to make that amend.
Except when to do so
would cause further injury.
-lsn't that step nine you're leaving out?
-Hey, Chris, you're not my sponsor.
You're not my higher power.
You're my lawyer.
You want to take Julie
through a laundry list...
...of all the bad things you did
to her little sister, short of killing her.
Now, who's that for, Neil?
Right. I'm also supposed to continue
taking personal inventory...
...and when I'm wrong,
promptly admit it.
You're right. Thank you.
Let's go, Mr. Avedon.
Somebody say amen.
Let's go, folks.
Filed a writ of habeas corpus on
Shabazz. Should hear end of the week.
We got a letter from an attorney
representing Phillip Sneller.
-The agent?
The very same.
He's threatening to sue for emotional
distress, invasion of privacy...
He's threatening to sue for emotional
distress, invasion of privacy...
...if Dave Blalock
keeps calling him about Jessica's diary.
He must not want to talk
about why he's mentioned there.
I'll have Dave call him
twice a day from now on.
We filed a discovery request
for lab analysis...
...on hair found at the apartments,
but the DA's dragging her feet.
Which means she's not using it
in the prelim. Let's flag that.
We don't want to get burned.
Justine, where are we
on the Jonathan Miller case?
We waived jury and prosecution
stepped to a court trial. We start today.
-Any chance of a deal?
-So far, the deputy DA hasn't budged.
But I'll take another run at him.
Give it your best shot. I know the family.
It's been a nightmare for them.
Prosecution's going
for hate crime on this?
-Yep.
-Aren't both kids Jewish?
But they have a case.
Codefendant turned state's evidence.
He'll corroborate anti-Semitism.
Did we get help
from the psychological evaluation?
Two psychologists and a psychiatrist
say he's competent.
Plus, he checks out medically.
You wonder how
this kind of thing happens.
Keep me in the loop on this, okay?
Anything else? We're out of here.
Let's forget for a moment the illogic
of a hate crime committed...
...by someone of the same ethnicity.
My kid doesn't have priors.
But look at the pattern.
Paints a swastika on the frat house door.
Charges are dropped. Threatening calls,
sends hate mail. It's gotta stop here.
-Battery.
-No way.
Come on, Mark. Let us
plead misdemeanor battery.
You get your conviction.
He gets a year in County...
...and goes into counseling.
Hear me, Justine.
I'm going for the full shot.
That's what Jonathan Miller deserves.
The judge will agree.
These enhancements double
the time he spends in prison...
...where he won't learn a lot
about the brotherhood of man.
-Why does that make no sense to me?
-Maybe I have more insight...
...into hate crimes than you do.
Oh, Mark, don't make this
about you being black.
Hey, anybody ever put a rock
through your window for being blond?
See you in court.
I was on my way back
from my girlfriend's dorm...
...when this car pulled up
in front of the frat house.
Jonathan and this other guy
got out and came after me.
Jonathan and this other guy
got out and came after me.
Did you do or say anything
to provoke them?
Nothing. Jonathan started
shouting names at me.
-Then what happened?
-They chased me.
And Jonathan jumped me from behind
and started wailing on me.
Did you sustain any injuries
in this attack?
A broken nose and a dislocated shoulder.
How did you meet
the defendant initially?
He rushed Chi Theta the year before.
I was president of the chapter.
He didn't exactly fit in, so we passed.
When you say he didn't fit in,
can you be more specific?
At the rush dance, we got complaints
from a few of our female guests...
...about inappropriate behavior.
He groped them, basically--
-Objection. Hearsay.
-Sustained.
What about the other individual who
attacked you? Ever seen him before?
Never.
When the defendant attacked you,
did he give you any explanation?
He said that I deserved to be beaten
until blood ran out my ears...
...because I was a Jew.
Were those his exact words?
He used the word "kike."
Was this the first time
he expressed anti-Semitic sentiments?
No, after he was turned down,
he started calling me...
...leaving hate messages.
I finally had to change my number.
-Did he leave you alone after that?
-No. He started sending me stuff.
Your Honor, I have a letter here
written by the defendant.
May I approach the witness?
Do you recognize this letter,
Mr. Lipson?
That's one of the letters he sent.
I'd like to enter this
as people's exhibit three.
Please read the last paragraph
of the letter, Mr. Lipson.
Objection, Your Honor. No foundation.
The handwriting
has been authenticated...
...by a graphologist as the defendant's.
I'll admit it, subject to strike.
Go ahead.
"lzzi, Ikey, Jakie, Sam,
you're the boys that don't eat ham.
Matzo and gefilte fish
are your favorite dinner dish.
The world be a better place if Adolf's
crew had finished the job they started.
Gai gezenterhait, Jonathan Miller"
"Gai gezenterhait" is Yiddish
for "go and be healthy. "
I guess he was being ironic.
Nothing further.
Dr. Matheson,
have you been able to establish...
...an estimated time of death?
Yes.
Jessica Costello died between the hours
of 1 O p.m. and 3 a.m...
-...on the night in question.
-Based upon your autopsy findings...
...would you please tell the court
what was the manner of death?
Homicide.
And the mechanism
and cause of that homicide?
Asphyxiation due to strangulation.
How can you be so sure
that asphyxiation...
...wasn't caused
by, say, choking on a piece of food?
This was a violent
manual strangulation.
As noted in my protocol,
the hyoid bone...
...which is located at the base
of the tongue, was fractured.
You said, manually.
How can you be so certain?
There were obvious finger
and thumb marks on the neck.
ln a ligature strangulation...
...bruises left by a cord or a stocking
form a straight line.
Doctor, other than
your toxilogical findings...
...did you find any foreign substance
in the body of Jessica Costello?
Yes. A vaginal swab revealed
the presence of semen.
And did you
turn that swab over to SID?
-Yes.
Thank you, doctor.
That's all. Your witness.
You're aware that Jessica Costello's
body was discovered...
-...at approximately 7:30 a.m.?
-That's my understanding. Yes.
Can you state the precise moment
Jessica Costello died?
I cannot.
Could any doctor or forensic scientist?
-No.
-Why is that?
Unless it is witnessed...
...it is impossible to establish
the exact time of someone's death.
The best we can do
is give a reasonable estimate...
...based on analysis
of the postmortem changes.
You've established Miss Costello's time
of death within a five-hour window.
-ls that correct?
-Yes.
In your report, you stated
that the act of sexual intercourse...
In your report, you stated
that the act of sexual intercourse...
...alluded to previously occurred prior
to the time of death, correct?
That was my finding, yes.
Then it's possible the act...
...of intercourse and Jessica's death...
...could have occurred, by your own
estimation, five hours apart.
-Right?
-It's possible.
lf, hypothetically, Mr. Avedon had sex
with Jessica at 10 p.m...
J
...and she was murdered at 3 a.m.
you couldn't disprove that, could you?
J
...and she was murdered at 3 a.m.
you couldn't disprove that, could you?
-No.
-And if I told you, hypothetically...
...Neil Avedon was in Chicago by the
time Jessica Costello met her death...
...you couldn't disprove that,
could you?
-Well, when you put it that way--
-That's exactly the way I'm putting it.
No, I couldn't.
No further questions.
Mr. McBride, did the defendant
ask you to accompany him...
-...to the Chi Theta house in Westwood?
Yes.
Did he say why?
-Uh, Johnny said he needed to kick...
...the crap out of this kid for being
a Jew, would I come in case...
...he needed backup
if his buddies showed up?
What happened when you arrived
at the fraternity?
Well, we sat in the car drinking beer
until the guy got there...
...and then Johnny was out of the car
like a shot swarming him.
You also participated
in the assault, did you not?
Yeah, but this was
Johnny's beef.
I held him down while he stomped him.
Did the defendant say anything to
Stuart Lipson as he kicked and beat him?
He called him a kike, uh...
...a bunch of stuff
along the same lines.
Your witness.
You've received immunity from
prosecution for your role in this attack...
...in exchange for your testimony,
correct?
-Yeah.
-Did you meet with Mr. Washington...
-...to discuss your testimony here?
Yeah.
How many times did you meet
with Mr. Washington?
-Three or four times.
-Coached you...
-...on what to say, didn't he?
-No. He told me...
...the kind of questions I'd answer
and all I had to do was tell the truth.
I see. Tell me something, have you
ever been convicted of a felony?
Objection. The defense is attempting
to inflame your passions, Your Honor.
Overruled. Let me assure you, counsel,
my passions are in check.
-Yeah.
-lsn't it true that you've been...
...convicted twice of
assault and battery?
Yeah, I'm the kind of guy
who gets hassled.
Given your familiarity with violence, was
it your suggestion to Jonathan Miller...
...that he use his fists to settle things
with Stuart Lipson?
Look, like I said,
I was just along for the ride.
California has a three-strikes law.
Your prior convictions--
-Objection! Calls for illegal conclusion.
-Overruled.
Without immunity, you'd be
Iooking at your third strike...
-...Mr. McBride.
-I'm telling you the truth.
Your Honor, the answer
is unresponsive.
So ordered. The witness is
to answer the question.
One more time, Mr. McBride.
The choice was, testify
against Jonathan Miller...
...or spend the rest of your life in jail.
Yes or no?
Yes.
No further questions.
What do you know, Davey?
I know Beverly Nichols'
insanely jealous husband...
...used to take money to do threesomes
with his wife.
This comes from where?
A guy she hustled for,
owned an escort service.
Said if that was the john's wrinkle...
...the husband would take
an extra C-note to go along.
Will your guy go on record?
How about he's got a video
of Beverly and her husband...
...getting it on with a john?
If that's true, that pretty much
blows Richard Cross' alibi all to hell.
-When can we see the tape?
-He's coming down from Sonoma.
I'll meet him at the DeVille Motel,
make sure it's right.
The tape will be on your desk at 4 p.m.
How expensive is this exercise
in good citizenship?
Gratis. The guy owed me one.
Must have been some favor.
When you drop this on Polson,
about Cross' story being no good...
...ask, does he still think
you're Cross' boy?
And get a Polaroid
of his face for my wallet.
Davey.
Watch your back.
Would you tell the court,
Detective Polson...
...what other probable cause led you
to the arrest of the defendant...
-...for the murder of Jessica Costello?
In an earlier interview...
...he denied having sex with the victim
on the night of her death.
But a lab report later revealed
the presence of his semen inside her.
-Would you elaborate, detective?
-I directed the lab to compare...
...the sample with one taken from Mr.
Avedon during a recent paternity suit.
DNA typings revealed them
to be identical.
And did you inform the defendant
about the lab report?
-I did.
-And how did he respond?
He said he wanted a lawyer.
Thank you.
You originally arrested Richard Cross
for the crime, did you not?
Yes.
-You wouldn't have arrested Mr. Cross...
...unless you had
probable cause, correct?
-Correct.
Then tell us, detective...
...if you were so wrong
about Mr. Cross' involvement...
...how can you expect the court to
believe you're right about Neil Avedon?
We feel the evidence is compelling.
Let's talk about evidence.
Were there any independent witnesses
to the crime?
No.
Any history of violence between
Neil Avedon and Jessica Costello?
No.
Let's get back
to that earlier interview.
You questioned Mr. Avedon
in September in the drug arrest...
-...for which charges were dropped?
-That's right.
Did you tell Mr. Avedon then...
...he could avoid prosecution
if he said Mr. Cross...
...was in Jessica's apartment
the night she died?
No, I did not.
Then help me out here, detective.
Did my client pick Mr. Cross' name
out of a hat?
Richard Cross was a suspect.
I knew they were friends.
I pointed out we'd appreciate anything
Avedon knew about the Costello murder.
Didn't you tell Neil Avedon...
...that if he could place Mr. Cross
at the apartment...
...the night of Jessica Costello's murder
you wouldn't file drug charges?
No, I did not.
But when Beverly Nichols
provided Richard Cross with an alibi...
...you turned around, and you arrested
Neil Avedon, didn't you?
...you turned around, and you arrested
Neil Avedon, didn't you?
I did.
The closest target, is that right?
No. All the evidence points
to a single perpetrator...
...who knew the victim and had rough
sex with her prior to her murder.
The defendant is the only one
who fits that description.
You had no description of the killer.
You made that up, didn't you?
Objection. Argumentative.
Sustained.
When the criminologists lifted
the semen sample from the dead girl...
...out of all the men in L.A...
...what made you look for a match
with Neil Avedon's DNA?
A hunch?
Or did you consult with psychics
during your investigation?
I simply followed the evidence.
The way you followed it
on Richard Cross.
Objection.
I'm done here, Your Honor.
Mr. Hoffman.
-Sydney.
-Getting your bearings all right here?
-Yes, sir. This is for you.
A summary of the judge's decisions
that were reversed on evidentiary rulings.
I thought maybe it could be helpful,
possibly.
-I'll look forward to reading it.
He still hasn't called in.
-Give my regards to your folks.
-Thanks.
Ted? Just so you know,
the buzz going around...
...is this firm and everyone in it
is owned by Richard Cross.
I wouldn't pay attention to any
of that if I were you, Arnold.
It's an assault
on our collective integrity.
I'm working out at lunch, okay...
...and this idiot litigator on a treadmill
next to me starts in with this routine.
lt got pretty intense
in the cardiovascular section.
I came close to popping the guy.
Arnold, this town's like
a bucket of crabs.
Make it to the top of the pile,
someone's underneath to pull you down.
-Let it go.
-Dave Blalock returning your page.
Davey, have you got the tape?
And why did he miss the second plane?
This is no good, Davey.
I'm not looking to hire him as a pilot.
I'm also not looking to see you
in some kind of jackpot.
Davey.
This guy wouldn't be looking
to hurt you?
Would he go up for auction?
All right, all right. You'll call me.
Based on witnesses' testimony,
this is what we now know.
Jessica Costello died in her apartment
between 10 p.m. and 3 a.m.
The presence of Mr. Avedon's semen
proves that he lied to the police...
...when he denied having been there
at that time.
And Jessica was strangled
either during or after a sexual act.
One of the defendant's many
disturbing predilections.
A trial to bring this man to justice
is not only warranted but required...
...since the people have established
a reasonable suspicion...
...that Mr. Avedon is the person
who committed this murder.
Thank you, Your Honor.
Counsel.
This young man concealed
having had sex with Jessica Costello...
...because she was underage.
He was intimidated by police
into regurgitating a scenario...
...force-fed to him,
involving Richard Cross...
...Detective Polson's original candidate
for this murder.
When that didn't pan out
and Mr. Cross was released...
...Neil Avedon became
a convenient scapegoat.
But the creaky scenario
conjured up by the prosecution...
...in no way leads
to a reasonable suspicion...
...that Mr. Avedon had any part
in her death.
And, therefore, we believe
there is insufficient evidence...
...to charge Mr. Avedon with this crime.
Thank you, Your Honor.
I believe the people have established
their burden.
Mr. Avedon, your case is bound
over to the Superior Court.
Your Honor, I'd like to be reheard
on the matter of bail.
Take that up with the trial judge
as soon as one is assigned.
This hearing is concluded.
-Hang in there.
-As soon as we get a new judge...
...we move to set bail again.
Let's go.
Has Davey beeped us back?
Nothing.
I'll see you back at the office.
I mean, this is very irregular.
I don't know about this.
-Open it.
-What about the privacy sign?
I'll give you one quick peek.
Oh, my God! Oh, my God!
I'm going to call the police!
-Wait a minute.
-I have to report this!
That's my card. Give that to
the detectives when they arrive--
You're supposed to stay here!
You give that to the detective.
Davey.
Mr. Blalock. this is the Laurel Pet Clinic.
Algonquin is ready to come home now.
This is Dr. Scarborough's office.
The doctor will need about an hour...
...to take impressions
for your new bridge.
Give us a call if this fits
into your schedule.
The doctor will be away next month.
and we'll have to change things around.
GARY ON PHONE: Dave, Gary here.
The arrangements have been made.
I'm waiting on you to give me the word.
Dave. pick up the phone. Dave.
Dave. is this guy a no-show
or a figment of your imagination?
Mr. Blalock. Bay Cities Properties again.
GARY ON PHONE: Got your message.
Rusty will be at that number.
Call me if there's a change.
Final message.
ln my evaluation of the defendant...
...l found him to be
of above-average intelligence...
... presenting symptoms
of anxiety disorder...
...which teachers and family report
had been ongoing since adolescence.
Within the last two years,
the patient had bouts of depression...
...that were eventually externalized
as antisocial behavior...
...consistent with the crime
with which he's been charged.
ls the defendant able to tell right
from wrong?
-Yes.
-Can you explain to the court...
...how it's possible for a person
to be Jewish...
...and at the same time anti-Semitic?
Yes.
Mr. Miller's grandfather
was a concentration camp survivor.
Very often survivor guilt creates
a generalized dissociative anxiety...
...in the family,
particularly among the offspring.
The defendant's parents responded
by spearheading Jewish causes.
They became prominent
in the Jewish community and beyond.
This placed even more pressure
on the defendant...
...who was already despondent
over his perceived inadequacies.
He lashed out, projecting his hatred
onto anything Jewish.
ln your opinion, was he gripped
by an irresistible impulse...
...making it impossible for him
to restrain himself...
...from engaging in racist attacks
on people?
Objection, leading.
Counsel's providing testimony.
I'll rephrase. Can Jonathan
freely choose what to do...
...about his feelings
of prejudice and hatred?
Yes.
ln my opinion, Jonathan
is a mentally balanced individual...
...who can experience feelings
without having to act on them.
Your witness.
ln your experience...
...do people who hate themselves
do self-destructive things?
-It's very common.
-Doctor, how do you know...
...that Jonathan's actions weren't an
attempt to punish or destroy himself...
...and beating up Stuart Lipson
was the best way?
-Objection. Compound.
-Sustained.
Miss Appleton, let's not put
too fine a point on this.
Your Honor, the purpose
of hate crime enhancements...
Your Honor, the purpose
of hate crime enhancements...
...is to levy greater punishment
on crimes targeted at minority groups.
lf, in fact, my client did attack Stuart
Lipson, it was not out of ethnic hatred.
The only person Jonathan hates
is himself.
He didn't have the requisite
intent to commit a hate crime.
Jonathan.
Jonathan!
Sit down, young man, unless you
want me to hold you for contempt.
You have my sympathies. This guy
ought to have his head examined.
He's crazy.
Counselor.
Let's go to my office.
I knew where to look for him
because he told me where he'd be.
He was late getting in touch with me,
so I went to find him.
The motel manager let me into his room.
They were shot to death
exactly as you found them.
No sign of struggle, no disarray.
This other DB, Freddie Carello.
I never heard of him.
Never heard of him.
What's your next question?
He got popped a couple
of times down here for pandering.
You don't know what Blalock was
doing with this guy in a motel room?
How many times
you gonna ask me that?
That's a no?
Why didn't you stay
at the crime scene?
I had business to take care of.
We found Blalock's apartment key
on him but no office key.
We had to get the building manager
to let us in.
ls that where you were
taking care of business, Mr. Hoffman?
Are you accusing me of something?
Perish the thought.
He's hit point-blank.
There's no sign of struggle in the room.
Occur to you Blalock
might have known the shooter?
Makes sense.
Did you have knowledge of business
he may have been doing...
-...with Gary Blondo?
-No.
Why don't you talk to Mr. Blondo?
Yeah, we're gonna do that.
Sorry for your loss.
He'll see you now.
What a thing, huh, Teddy?
What did you have to do with it?
Are we bugged?
Davey Blalock was murdered.
What did you have to do with it?
I hope to God you know
what I had to do with it.
He told me he had a line
on proof to clear Neil.
He said he needed $100,OOO cash.
I figured he was calling for you.
You think I can't raise $100,OOO?
You think I can't call you on the phone?
Whoa, whoa, what the hell
is going on here?
I figured you wanted a little deniability.
Blalock didn't come from you?
-Who'd you send with the money, Gary?
-Rusty Arnold. He waited nine hours...
...by a pay phone for Blalock's call.
-He brought the money to the motel?
-Yes, and he dropped it off and left.
Are you crazy? You think I have
anything to do with what happened?
I've got a film to open
and a star who's in jail.
Blalock tells me he's got a video tape
that gets Neil out.
-That's all he said to you?
-What else would he need to say?
A, he comes from you, B, I don't want
to know what's on the tape.
I'd like a little deniability too.
I got to talk to the police.
How about Rusty?
Rusty is talking to them now.
He's on your payroll or the studio's?
The studio's. And also, he's got
14 years with the DA...
...after moving over from the FBl.
Also a fourth-level security clearance.
Very impressive.
You're not looking to saw the branch
off behind me, are you, Teddy?
Saying you didn't know about this?
I had no idea you were involved.
I'll tell you the truth.
I'm a little out of my depth.
I'm not sure what the hell's going on.
That's where you jump in
with reassurance.
I have to run a staff meeting, Gary.
Louis will show you out.
Sure.
Okay.
-The defense calls Dr. Gina Sanchez.
-Objection.
The people have had no opportunity...
...to examine this witness' background,
nor do we have any reports.
What are you doing?
You suggested
I have his head examined.
The report was provided
to Mr. Washington.
I also attempted to discuss
Dr. Sanchez's anticipated testimony...
...with Mr. Washington last night
and early this morning.
He didn't return my calls.
Mr. Washington?
I've been involved in another case,
and I dropped the ball.
If you could grant a 20-minute recess--
Next time, return your phone calls
and read your mail, Mr. Washington.
Go ahead, Miss Appleton.
Dr. Sanchez,
what is your current position?
I'm chief of neurology
at Westside Medical Center.
Based on your examination
of Jonathan yesterday afternoon...
...have you an opinion as to
whether Jonathan's violent behavior...
...is caused by a medical condition?
Yes. I had a series of MRls taken
that I'd like to use as illustration.
We ask that these be entered
into evidence as defense exhibit E.
Objection. Lack of foundation.
Overruled.
This is Jonathan Miller's brain.
This mass is a grade-four astrocytoma,
an advanced malignant tumor.
It's located in the left frontal lobe.
ln your opinion would that tumor
influence or alter Jonathan's behavior?
Absolutely.
The brain's cognitive center,
which evaluates information...
...and forms appropriate
behavioral responses...
...is located in the left frontal lobe.
So is impulse control.
Damage in this region would result in
the same type of paranoid, delusional...
...disinhibited behavior
exhibited by Mr. Miller.
In other words,
Jonathan would suffer delusions...
...and have impulses
based on those?
Correct.
And no matter how wrong...
...those delusional impulses were,
would Jonathan be able to resist them?
It's unlikely. It's also worth noting
that this area affects speech.
So inappropriate verbal responses
would be expected.
ln an individual who'd had a troubled
adolescence with anxiety neurosis...
...is it possible that aggressive behavior
caused by the tumor...
...could be misread as a more extreme
version of acting out?
Yes, that type of behavioral profile
could easily mask the tumor's presence.
If not removed, this tumor will kill him,
won't it?
-Eventually, yes.
Is it operable?
Yes. And with his youth
and physical condition...
...his chances of a full recovery
are very good.
Counsel, approach.
We won't need the reporter.
Do the people understand
this is to be a death penalty case?
Because that's what it's turned into.
Well, if it's true.
We've gotten a second opinion,
and you saw the MRls yourself.
Mr. Washington,
do the people have a motion?
I may catch hell for this,
but I'm gonna do what I think is right.
Good. Step back.
Mr. Washington, do you wish
to make a motion at this time?
Yes, Your Honor. In light of
the defendant's medical condition...
...the people move to dismiss.
Motion granted. Case dismissed.
Mr. Washington, I'm stating
for the record...
...and for the benefit
of your superiors...
...that you chose the correct
course of action here.
Mr. Miller, good luck to you
and your family.
This court is adjourned.
Good job, Justine.
-Hope everything works out.
-Thanks.
Let's go home, son.
-We can't thank you enough.
-It's not necessary.
No, really. Thanks. Thanks.
-You okay?
-Yeah, I guess.
I'm kind of scared.
You'll be fine.
Dr. Sanchez is a good surgeon.
Take care.
Thanks for meeting me, Ray.
-Who killed Davey?
-I've got some ideas.
I'd like to meet him.
-You want another one?
-No.
Will you do some work for me?
I owe you, and I owed Davey.
I'll do whatever you need.
Eight o'clock from you,
center of the room...
...Gary Blondo and his security guy.
Gary Blondo that makes movies.
Davey was looking into a lead
in the Avedon case.
Avedon's in Blondo's new movie.
Davey went to Blondo for 100 grand.
The security guy delivered the money
to Davey where he was killed.
ls he the guy I want to meet?
Come on, I'll introduce you.
Oh, leave that. We're being joined.
Hey, Teddy.
Uh-oh, Teddy, who's jammed up today?
Pick a table, Gary.
Uh, you know Rusty Arnold?
-I think we've met a few times.
-Hoffman.
Gary Blondo, Rusty Arnold,
this is Raymond Velacek.
-Hi.
-You were an L.A. cop.
Yeah, retired.
Yeah, I think I read about it.
So how'd your conversations go?
Teddy, I'll tell you, I was
100 percent forthcoming.
-I gather Rusty was too.
-I'm sorry what happened to your guy.
Was he into
any drug cases or anything?
Not that I'm aware of.
Was he, uh, exclusive to you?
-Pretty much.
-Yeah, they asked me that.
-Pretty much.
-Yeah, they asked me that.
l, uh, didn't know what to tell them.
Keep me posted, Teddy...
...any developments.
-Sure.
-Good.
-Good to see you.
Take care.
Any idea who the empty chair was for?
Walk away from me.
Teddy.
Now, here's what makes you such
a complicated person, Richard.
You walk in a minute ago, you see
me, you head for the men's room...
...so I won't realize
you're Blondo's lunch date.
All you gotta do is stay in there.
But you can't do it.
You peek out, see me about to leave,
you gotta come out and let me see you.
Like 90 percent of you wants
to be careful, and 10 percent...
...wants to tempt fate.
You know, Teddy,
in a life not short on mistakes...
...l promised myself I would never
get involved in the picture business.
And what am I about to do?
Break bread with Blondo and let
him talk you into the picture business.
That's why you're
the smartest lawyer in town.
Will you wish me luck, Teddy?
Sure, Richard. Good luck.
Even if I'm not very prudent?
Those are the people
who need to stay lucky.
rhe second victim
had relatives in Sonoma.
Freddie Carello. I'll check it out.
If you get a bite,
I might want you to go up there.
-Julie Costello.
-Just a second.
lt opens at 800 a week, Ray,
with benefits.
Good. That's good.
I'll check in a couple times a day
and whenever there's news.
Thanks for seeing me.
Are you all right?
No. I'm bumping into things,
and I think I'm going to die.
Why do you think that?
Why? My sister's dead.
Your detective's dead.
Was he working off the diary
I gave you?
Julie, you want some water?
Something to drink?
Not allowed.
lt exaggerates my medications...
...which means
I'd probably fall off the building.
What medications are you taking?
Dr. Lester's happy combo.
You want my opinion of Dr. Lester?
Best case, he's a quack.
I lie there thinking that from about 1
in the morning until Richard gets up.
Then what happens?
Then he says it's part of my depression.
And then at 11 , I see Dr. Lester.
I hate the way I feel.
It's like there's a pillow on everything.
And I keep feeling like there's
something really terrible going on...
...and I can't see it through the pillow.
Maybe there is something terrible
going on.
Maybe there is.
Maybe there is.
You want to get out of Richard's house?
You want to get away from his doctor?
I have to go, I'm sorry.
This was a mistake.
I have to go, I'm sorry.
This was a mistake.
Julie, stop and talk to me.
If Richard's as evil as you think he is...
...then I killed my sister.
Julie.
-Don't get in here.
I deserve whatever happens.
Subtitles by
SDl Media Group
OCR extraction
by D.Lauper
On my mother's life...
...nO.
You said you didn't choke
Melissa Griotte during sex.
I didn't.
God help me. I don't remember
any of it.
We're going to run the Avedon tape
over six nights.
What a beast that boy is.
I have information
Richard Cross is innocent.
Mr. Cross hasn't said anyone was
with him at the crime scene.
I was with him last Wednesday night
when he went to that girl's apartment.
What'd they say?
They'll reinstate you.
But only if you agree to retire.
Being a cop, it's a habit.
It's a habit you can break.
About Francesca,
I just want to thank you.
lt will elevate the level of discourse.
I think she has a good soul.
-And I am evil incarnate?
-Are you?
The people here are gonna
kick your butt to get you straight.
You're not gonna like it.
But when you leave here,
you're gonna be clean and sober.
Maybe find out who you are.
And what if I find out who I am...
...is the guy that killed
Jessica Costello?
The preliminary hearing
in the Goldilocks murder case is...
...about to get underway. Charged with
the slaying is film star Neil Avedon...
...who will be bound over for trial
if prosecution can demonstrate...
...a reasonable suspicion
he killed Jessica Costello.
Joining me now is legal expert.
Dana Benson.
Dana. I understand the judge has to rule
on a prosecution motion before...
-...the preliminary hearing begins.
-Correct. Dean.
Meil Avedon has been in a drug
and alcohol rehab facility...
...for the last 21 days
as a condition of bail.
Now that he's released. the prosecution
will want to take another shot...
...with a different judge
at revoking bail.
Some of our callers have wondered
why this case is clicking along...
...at such a fast pace.
Is the state rushing to judgment here?
Actually. it's the defense
accelerating the pace.
If Meil Avedon were my client.
I'd do the same.
Why?
-He's been through rehab. he's sober...
...he's got a film career.
The quicker his attorney can get this
preliminary hearing over with. the better.
All right. thanks very much. Dana.
Judge Alexander has begun proceedings.
Let's join them now in progress.
And as you can see from the report
submitted to the court...
...Mr. Avedon has successfully
completed his rehabilitation program.
Your Honor, just because the defendant
has been awarded a plastic chip...
...doesn't mean he's not a danger.
Cutting through the people's sarcasm...
...that is exactly what the report means,
Your Honor.
I don't agree. With all due respect
to my colleague, Judge Harrigan...
...if it had been my call, Mr. Avedon
would not have been granted bail.
-Your Honor--
I know that we live...
...in an enlightened age,
Mr. Docknovich...
...but because your client acknowledges
being an addict doesn't...
-...make him a pillar of the community.
-Your Honor, if you revoke bail...
...the net effect will be to punish
Mr. Avedon for getting sober.
Counsel, your client is being charged
with homicide.
I'm getting him off the streets
and into custody where he belongs.
Bail is hereby revoked.
Court is in recess until 2:OO.
Bailiff, take him into custody.
You all right?
I'm okay.
I'm not gonna worry
about what I can't control.
Thattaboy.
But I do need one favor.
I want to see Julie Costello.
That's not a good idea, Neil.
Teddy, I caused her a lot of grief.
Okay? I got to make that amend.
Except when to do so
would cause further injury.
-lsn't that step nine you're leaving out?
-Hey, Chris, you're not my sponsor.
You're not my higher power.
You're my lawyer.
You want to take Julie
through a laundry list...
...of all the bad things you did
to her little sister, short of killing her.
Now, who's that for, Neil?
Right. I'm also supposed to continue
taking personal inventory...
...and when I'm wrong,
promptly admit it.
You're right. Thank you.
Let's go, Mr. Avedon.
Somebody say amen.
Let's go, folks.
Filed a writ of habeas corpus on
Shabazz. Should hear end of the week.
We got a letter from an attorney
representing Phillip Sneller.
-The agent?
The very same.
He's threatening to sue for emotional
distress, invasion of privacy...
He's threatening to sue for emotional
distress, invasion of privacy...
...if Dave Blalock
keeps calling him about Jessica's diary.
He must not want to talk
about why he's mentioned there.
I'll have Dave call him
twice a day from now on.
We filed a discovery request
for lab analysis...
...on hair found at the apartments,
but the DA's dragging her feet.
Which means she's not using it
in the prelim. Let's flag that.
We don't want to get burned.
Justine, where are we
on the Jonathan Miller case?
We waived jury and prosecution
stepped to a court trial. We start today.
-Any chance of a deal?
-So far, the deputy DA hasn't budged.
But I'll take another run at him.
Give it your best shot. I know the family.
It's been a nightmare for them.
Prosecution's going
for hate crime on this?
-Yep.
-Aren't both kids Jewish?
But they have a case.
Codefendant turned state's evidence.
He'll corroborate anti-Semitism.
Did we get help
from the psychological evaluation?
Two psychologists and a psychiatrist
say he's competent.
Plus, he checks out medically.
You wonder how
this kind of thing happens.
Keep me in the loop on this, okay?
Anything else? We're out of here.
Let's forget for a moment the illogic
of a hate crime committed...
...by someone of the same ethnicity.
My kid doesn't have priors.
But look at the pattern.
Paints a swastika on the frat house door.
Charges are dropped. Threatening calls,
sends hate mail. It's gotta stop here.
-Battery.
-No way.
Come on, Mark. Let us
plead misdemeanor battery.
You get your conviction.
He gets a year in County...
...and goes into counseling.
Hear me, Justine.
I'm going for the full shot.
That's what Jonathan Miller deserves.
The judge will agree.
These enhancements double
the time he spends in prison...
...where he won't learn a lot
about the brotherhood of man.
-Why does that make no sense to me?
-Maybe I have more insight...
...into hate crimes than you do.
Oh, Mark, don't make this
about you being black.
Hey, anybody ever put a rock
through your window for being blond?
See you in court.
I was on my way back
from my girlfriend's dorm...
...when this car pulled up
in front of the frat house.
Jonathan and this other guy
got out and came after me.
Jonathan and this other guy
got out and came after me.
Did you do or say anything
to provoke them?
Nothing. Jonathan started
shouting names at me.
-Then what happened?
-They chased me.
And Jonathan jumped me from behind
and started wailing on me.
Did you sustain any injuries
in this attack?
A broken nose and a dislocated shoulder.
How did you meet
the defendant initially?
He rushed Chi Theta the year before.
I was president of the chapter.
He didn't exactly fit in, so we passed.
When you say he didn't fit in,
can you be more specific?
At the rush dance, we got complaints
from a few of our female guests...
...about inappropriate behavior.
He groped them, basically--
-Objection. Hearsay.
-Sustained.
What about the other individual who
attacked you? Ever seen him before?
Never.
When the defendant attacked you,
did he give you any explanation?
He said that I deserved to be beaten
until blood ran out my ears...
...because I was a Jew.
Were those his exact words?
He used the word "kike."
Was this the first time
he expressed anti-Semitic sentiments?
No, after he was turned down,
he started calling me...
...leaving hate messages.
I finally had to change my number.
-Did he leave you alone after that?
-No. He started sending me stuff.
Your Honor, I have a letter here
written by the defendant.
May I approach the witness?
Do you recognize this letter,
Mr. Lipson?
That's one of the letters he sent.
I'd like to enter this
as people's exhibit three.
Please read the last paragraph
of the letter, Mr. Lipson.
Objection, Your Honor. No foundation.
The handwriting
has been authenticated...
...by a graphologist as the defendant's.
I'll admit it, subject to strike.
Go ahead.
"lzzi, Ikey, Jakie, Sam,
you're the boys that don't eat ham.
Matzo and gefilte fish
are your favorite dinner dish.
The world be a better place if Adolf's
crew had finished the job they started.
Gai gezenterhait, Jonathan Miller"
"Gai gezenterhait" is Yiddish
for "go and be healthy. "
I guess he was being ironic.
Nothing further.
Dr. Matheson,
have you been able to establish...
...an estimated time of death?
Yes.
Jessica Costello died between the hours
of 1 O p.m. and 3 a.m...
-...on the night in question.
-Based upon your autopsy findings...
...would you please tell the court
what was the manner of death?
Homicide.
And the mechanism
and cause of that homicide?
Asphyxiation due to strangulation.
How can you be so sure
that asphyxiation...
...wasn't caused
by, say, choking on a piece of food?
This was a violent
manual strangulation.
As noted in my protocol,
the hyoid bone...
...which is located at the base
of the tongue, was fractured.
You said, manually.
How can you be so certain?
There were obvious finger
and thumb marks on the neck.
ln a ligature strangulation...
...bruises left by a cord or a stocking
form a straight line.
Doctor, other than
your toxilogical findings...
...did you find any foreign substance
in the body of Jessica Costello?
Yes. A vaginal swab revealed
the presence of semen.
And did you
turn that swab over to SID?
-Yes.
Thank you, doctor.
That's all. Your witness.
You're aware that Jessica Costello's
body was discovered...
-...at approximately 7:30 a.m.?
-That's my understanding. Yes.
Can you state the precise moment
Jessica Costello died?
I cannot.
Could any doctor or forensic scientist?
-No.
-Why is that?
Unless it is witnessed...
...it is impossible to establish
the exact time of someone's death.
The best we can do
is give a reasonable estimate...
...based on analysis
of the postmortem changes.
You've established Miss Costello's time
of death within a five-hour window.
-ls that correct?
-Yes.
In your report, you stated
that the act of sexual intercourse...
In your report, you stated
that the act of sexual intercourse...
...alluded to previously occurred prior
to the time of death, correct?
That was my finding, yes.
Then it's possible the act...
...of intercourse and Jessica's death...
...could have occurred, by your own
estimation, five hours apart.
-Right?
-It's possible.
lf, hypothetically, Mr. Avedon had sex
with Jessica at 10 p.m...
J
...and she was murdered at 3 a.m.
you couldn't disprove that, could you?
J
...and she was murdered at 3 a.m.
you couldn't disprove that, could you?
-No.
-And if I told you, hypothetically...
...Neil Avedon was in Chicago by the
time Jessica Costello met her death...
...you couldn't disprove that,
could you?
-Well, when you put it that way--
-That's exactly the way I'm putting it.
No, I couldn't.
No further questions.
Mr. McBride, did the defendant
ask you to accompany him...
-...to the Chi Theta house in Westwood?
Yes.
Did he say why?
-Uh, Johnny said he needed to kick...
...the crap out of this kid for being
a Jew, would I come in case...
...he needed backup
if his buddies showed up?
What happened when you arrived
at the fraternity?
Well, we sat in the car drinking beer
until the guy got there...
...and then Johnny was out of the car
like a shot swarming him.
You also participated
in the assault, did you not?
Yeah, but this was
Johnny's beef.
I held him down while he stomped him.
Did the defendant say anything to
Stuart Lipson as he kicked and beat him?
He called him a kike, uh...
...a bunch of stuff
along the same lines.
Your witness.
You've received immunity from
prosecution for your role in this attack...
...in exchange for your testimony,
correct?
-Yeah.
-Did you meet with Mr. Washington...
-...to discuss your testimony here?
Yeah.
How many times did you meet
with Mr. Washington?
-Three or four times.
-Coached you...
-...on what to say, didn't he?
-No. He told me...
...the kind of questions I'd answer
and all I had to do was tell the truth.
I see. Tell me something, have you
ever been convicted of a felony?
Objection. The defense is attempting
to inflame your passions, Your Honor.
Overruled. Let me assure you, counsel,
my passions are in check.
-Yeah.
-lsn't it true that you've been...
...convicted twice of
assault and battery?
Yeah, I'm the kind of guy
who gets hassled.
Given your familiarity with violence, was
it your suggestion to Jonathan Miller...
...that he use his fists to settle things
with Stuart Lipson?
Look, like I said,
I was just along for the ride.
California has a three-strikes law.
Your prior convictions--
-Objection! Calls for illegal conclusion.
-Overruled.
Without immunity, you'd be
Iooking at your third strike...
-...Mr. McBride.
-I'm telling you the truth.
Your Honor, the answer
is unresponsive.
So ordered. The witness is
to answer the question.
One more time, Mr. McBride.
The choice was, testify
against Jonathan Miller...
...or spend the rest of your life in jail.
Yes or no?
Yes.
No further questions.
What do you know, Davey?
I know Beverly Nichols'
insanely jealous husband...
...used to take money to do threesomes
with his wife.
This comes from where?
A guy she hustled for,
owned an escort service.
Said if that was the john's wrinkle...
...the husband would take
an extra C-note to go along.
Will your guy go on record?
How about he's got a video
of Beverly and her husband...
...getting it on with a john?
If that's true, that pretty much
blows Richard Cross' alibi all to hell.
-When can we see the tape?
-He's coming down from Sonoma.
I'll meet him at the DeVille Motel,
make sure it's right.
The tape will be on your desk at 4 p.m.
How expensive is this exercise
in good citizenship?
Gratis. The guy owed me one.
Must have been some favor.
When you drop this on Polson,
about Cross' story being no good...
...ask, does he still think
you're Cross' boy?
And get a Polaroid
of his face for my wallet.
Davey.
Watch your back.
Would you tell the court,
Detective Polson...
...what other probable cause led you
to the arrest of the defendant...
-...for the murder of Jessica Costello?
In an earlier interview...
...he denied having sex with the victim
on the night of her death.
But a lab report later revealed
the presence of his semen inside her.
-Would you elaborate, detective?
-I directed the lab to compare...
...the sample with one taken from Mr.
Avedon during a recent paternity suit.
DNA typings revealed them
to be identical.
And did you inform the defendant
about the lab report?
-I did.
-And how did he respond?
He said he wanted a lawyer.
Thank you.
You originally arrested Richard Cross
for the crime, did you not?
Yes.
-You wouldn't have arrested Mr. Cross...
...unless you had
probable cause, correct?
-Correct.
Then tell us, detective...
...if you were so wrong
about Mr. Cross' involvement...
...how can you expect the court to
believe you're right about Neil Avedon?
We feel the evidence is compelling.
Let's talk about evidence.
Were there any independent witnesses
to the crime?
No.
Any history of violence between
Neil Avedon and Jessica Costello?
No.
Let's get back
to that earlier interview.
You questioned Mr. Avedon
in September in the drug arrest...
-...for which charges were dropped?
-That's right.
Did you tell Mr. Avedon then...
...he could avoid prosecution
if he said Mr. Cross...
...was in Jessica's apartment
the night she died?
No, I did not.
Then help me out here, detective.
Did my client pick Mr. Cross' name
out of a hat?
Richard Cross was a suspect.
I knew they were friends.
I pointed out we'd appreciate anything
Avedon knew about the Costello murder.
Didn't you tell Neil Avedon...
...that if he could place Mr. Cross
at the apartment...
...the night of Jessica Costello's murder
you wouldn't file drug charges?
No, I did not.
But when Beverly Nichols
provided Richard Cross with an alibi...
...you turned around, and you arrested
Neil Avedon, didn't you?
...you turned around, and you arrested
Neil Avedon, didn't you?
I did.
The closest target, is that right?
No. All the evidence points
to a single perpetrator...
...who knew the victim and had rough
sex with her prior to her murder.
The defendant is the only one
who fits that description.
You had no description of the killer.
You made that up, didn't you?
Objection. Argumentative.
Sustained.
When the criminologists lifted
the semen sample from the dead girl...
...out of all the men in L.A...
...what made you look for a match
with Neil Avedon's DNA?
A hunch?
Or did you consult with psychics
during your investigation?
I simply followed the evidence.
The way you followed it
on Richard Cross.
Objection.
I'm done here, Your Honor.
Mr. Hoffman.
-Sydney.
-Getting your bearings all right here?
-Yes, sir. This is for you.
A summary of the judge's decisions
that were reversed on evidentiary rulings.
I thought maybe it could be helpful,
possibly.
-I'll look forward to reading it.
He still hasn't called in.
-Give my regards to your folks.
-Thanks.
Ted? Just so you know,
the buzz going around...
...is this firm and everyone in it
is owned by Richard Cross.
I wouldn't pay attention to any
of that if I were you, Arnold.
It's an assault
on our collective integrity.
I'm working out at lunch, okay...
...and this idiot litigator on a treadmill
next to me starts in with this routine.
lt got pretty intense
in the cardiovascular section.
I came close to popping the guy.
Arnold, this town's like
a bucket of crabs.
Make it to the top of the pile,
someone's underneath to pull you down.
-Let it go.
-Dave Blalock returning your page.
Davey, have you got the tape?
And why did he miss the second plane?
This is no good, Davey.
I'm not looking to hire him as a pilot.
I'm also not looking to see you
in some kind of jackpot.
Davey.
This guy wouldn't be looking
to hurt you?
Would he go up for auction?
All right, all right. You'll call me.
Based on witnesses' testimony,
this is what we now know.
Jessica Costello died in her apartment
between 10 p.m. and 3 a.m.
The presence of Mr. Avedon's semen
proves that he lied to the police...
...when he denied having been there
at that time.
And Jessica was strangled
either during or after a sexual act.
One of the defendant's many
disturbing predilections.
A trial to bring this man to justice
is not only warranted but required...
...since the people have established
a reasonable suspicion...
...that Mr. Avedon is the person
who committed this murder.
Thank you, Your Honor.
Counsel.
This young man concealed
having had sex with Jessica Costello...
...because she was underage.
He was intimidated by police
into regurgitating a scenario...
...force-fed to him,
involving Richard Cross...
...Detective Polson's original candidate
for this murder.
When that didn't pan out
and Mr. Cross was released...
...Neil Avedon became
a convenient scapegoat.
But the creaky scenario
conjured up by the prosecution...
...in no way leads
to a reasonable suspicion...
...that Mr. Avedon had any part
in her death.
And, therefore, we believe
there is insufficient evidence...
...to charge Mr. Avedon with this crime.
Thank you, Your Honor.
I believe the people have established
their burden.
Mr. Avedon, your case is bound
over to the Superior Court.
Your Honor, I'd like to be reheard
on the matter of bail.
Take that up with the trial judge
as soon as one is assigned.
This hearing is concluded.
-Hang in there.
-As soon as we get a new judge...
...we move to set bail again.
Let's go.
Has Davey beeped us back?
Nothing.
I'll see you back at the office.
I mean, this is very irregular.
I don't know about this.
-Open it.
-What about the privacy sign?
I'll give you one quick peek.
Oh, my God! Oh, my God!
I'm going to call the police!
-Wait a minute.
-I have to report this!
That's my card. Give that to
the detectives when they arrive--
You're supposed to stay here!
You give that to the detective.
Davey.
Mr. Blalock. this is the Laurel Pet Clinic.
Algonquin is ready to come home now.
This is Dr. Scarborough's office.
The doctor will need about an hour...
...to take impressions
for your new bridge.
Give us a call if this fits
into your schedule.
The doctor will be away next month.
and we'll have to change things around.
GARY ON PHONE: Dave, Gary here.
The arrangements have been made.
I'm waiting on you to give me the word.
Dave. pick up the phone. Dave.
Dave. is this guy a no-show
or a figment of your imagination?
Mr. Blalock. Bay Cities Properties again.
GARY ON PHONE: Got your message.
Rusty will be at that number.
Call me if there's a change.
Final message.
ln my evaluation of the defendant...
...l found him to be
of above-average intelligence...
... presenting symptoms
of anxiety disorder...
...which teachers and family report
had been ongoing since adolescence.
Within the last two years,
the patient had bouts of depression...
...that were eventually externalized
as antisocial behavior...
...consistent with the crime
with which he's been charged.
ls the defendant able to tell right
from wrong?
-Yes.
-Can you explain to the court...
...how it's possible for a person
to be Jewish...
...and at the same time anti-Semitic?
Yes.
Mr. Miller's grandfather
was a concentration camp survivor.
Very often survivor guilt creates
a generalized dissociative anxiety...
...in the family,
particularly among the offspring.
The defendant's parents responded
by spearheading Jewish causes.
They became prominent
in the Jewish community and beyond.
This placed even more pressure
on the defendant...
...who was already despondent
over his perceived inadequacies.
He lashed out, projecting his hatred
onto anything Jewish.
ln your opinion, was he gripped
by an irresistible impulse...
...making it impossible for him
to restrain himself...
...from engaging in racist attacks
on people?
Objection, leading.
Counsel's providing testimony.
I'll rephrase. Can Jonathan
freely choose what to do...
...about his feelings
of prejudice and hatred?
Yes.
ln my opinion, Jonathan
is a mentally balanced individual...
...who can experience feelings
without having to act on them.
Your witness.
ln your experience...
...do people who hate themselves
do self-destructive things?
-It's very common.
-Doctor, how do you know...
...that Jonathan's actions weren't an
attempt to punish or destroy himself...
...and beating up Stuart Lipson
was the best way?
-Objection. Compound.
-Sustained.
Miss Appleton, let's not put
too fine a point on this.
Your Honor, the purpose
of hate crime enhancements...
Your Honor, the purpose
of hate crime enhancements...
...is to levy greater punishment
on crimes targeted at minority groups.
lf, in fact, my client did attack Stuart
Lipson, it was not out of ethnic hatred.
The only person Jonathan hates
is himself.
He didn't have the requisite
intent to commit a hate crime.
Jonathan.
Jonathan!
Sit down, young man, unless you
want me to hold you for contempt.
You have my sympathies. This guy
ought to have his head examined.
He's crazy.
Counselor.
Let's go to my office.
I knew where to look for him
because he told me where he'd be.
He was late getting in touch with me,
so I went to find him.
The motel manager let me into his room.
They were shot to death
exactly as you found them.
No sign of struggle, no disarray.
This other DB, Freddie Carello.
I never heard of him.
Never heard of him.
What's your next question?
He got popped a couple
of times down here for pandering.
You don't know what Blalock was
doing with this guy in a motel room?
How many times
you gonna ask me that?
That's a no?
Why didn't you stay
at the crime scene?
I had business to take care of.
We found Blalock's apartment key
on him but no office key.
We had to get the building manager
to let us in.
ls that where you were
taking care of business, Mr. Hoffman?
Are you accusing me of something?
Perish the thought.
He's hit point-blank.
There's no sign of struggle in the room.
Occur to you Blalock
might have known the shooter?
Makes sense.
Did you have knowledge of business
he may have been doing...
-...with Gary Blondo?
-No.
Why don't you talk to Mr. Blondo?
Yeah, we're gonna do that.
Sorry for your loss.
He'll see you now.
What a thing, huh, Teddy?
What did you have to do with it?
Are we bugged?
Davey Blalock was murdered.
What did you have to do with it?
I hope to God you know
what I had to do with it.
He told me he had a line
on proof to clear Neil.
He said he needed $100,OOO cash.
I figured he was calling for you.
You think I can't raise $100,OOO?
You think I can't call you on the phone?
Whoa, whoa, what the hell
is going on here?
I figured you wanted a little deniability.
Blalock didn't come from you?
-Who'd you send with the money, Gary?
-Rusty Arnold. He waited nine hours...
...by a pay phone for Blalock's call.
-He brought the money to the motel?
-Yes, and he dropped it off and left.
Are you crazy? You think I have
anything to do with what happened?
I've got a film to open
and a star who's in jail.
Blalock tells me he's got a video tape
that gets Neil out.
-That's all he said to you?
-What else would he need to say?
A, he comes from you, B, I don't want
to know what's on the tape.
I'd like a little deniability too.
I got to talk to the police.
How about Rusty?
Rusty is talking to them now.
He's on your payroll or the studio's?
The studio's. And also, he's got
14 years with the DA...
...after moving over from the FBl.
Also a fourth-level security clearance.
Very impressive.
You're not looking to saw the branch
off behind me, are you, Teddy?
Saying you didn't know about this?
I had no idea you were involved.
I'll tell you the truth.
I'm a little out of my depth.
I'm not sure what the hell's going on.
That's where you jump in
with reassurance.
I have to run a staff meeting, Gary.
Louis will show you out.
Sure.
Okay.
-The defense calls Dr. Gina Sanchez.
-Objection.
The people have had no opportunity...
...to examine this witness' background,
nor do we have any reports.
What are you doing?
You suggested
I have his head examined.
The report was provided
to Mr. Washington.
I also attempted to discuss
Dr. Sanchez's anticipated testimony...
...with Mr. Washington last night
and early this morning.
He didn't return my calls.
Mr. Washington?
I've been involved in another case,
and I dropped the ball.
If you could grant a 20-minute recess--
Next time, return your phone calls
and read your mail, Mr. Washington.
Go ahead, Miss Appleton.
Dr. Sanchez,
what is your current position?
I'm chief of neurology
at Westside Medical Center.
Based on your examination
of Jonathan yesterday afternoon...
...have you an opinion as to
whether Jonathan's violent behavior...
...is caused by a medical condition?
Yes. I had a series of MRls taken
that I'd like to use as illustration.
We ask that these be entered
into evidence as defense exhibit E.
Objection. Lack of foundation.
Overruled.
This is Jonathan Miller's brain.
This mass is a grade-four astrocytoma,
an advanced malignant tumor.
It's located in the left frontal lobe.
ln your opinion would that tumor
influence or alter Jonathan's behavior?
Absolutely.
The brain's cognitive center,
which evaluates information...
...and forms appropriate
behavioral responses...
...is located in the left frontal lobe.
So is impulse control.
Damage in this region would result in
the same type of paranoid, delusional...
...disinhibited behavior
exhibited by Mr. Miller.
In other words,
Jonathan would suffer delusions...
...and have impulses
based on those?
Correct.
And no matter how wrong...
...those delusional impulses were,
would Jonathan be able to resist them?
It's unlikely. It's also worth noting
that this area affects speech.
So inappropriate verbal responses
would be expected.
ln an individual who'd had a troubled
adolescence with anxiety neurosis...
...is it possible that aggressive behavior
caused by the tumor...
...could be misread as a more extreme
version of acting out?
Yes, that type of behavioral profile
could easily mask the tumor's presence.
If not removed, this tumor will kill him,
won't it?
-Eventually, yes.
Is it operable?
Yes. And with his youth
and physical condition...
...his chances of a full recovery
are very good.
Counsel, approach.
We won't need the reporter.
Do the people understand
this is to be a death penalty case?
Because that's what it's turned into.
Well, if it's true.
We've gotten a second opinion,
and you saw the MRls yourself.
Mr. Washington,
do the people have a motion?
I may catch hell for this,
but I'm gonna do what I think is right.
Good. Step back.
Mr. Washington, do you wish
to make a motion at this time?
Yes, Your Honor. In light of
the defendant's medical condition...
...the people move to dismiss.
Motion granted. Case dismissed.
Mr. Washington, I'm stating
for the record...
...and for the benefit
of your superiors...
...that you chose the correct
course of action here.
Mr. Miller, good luck to you
and your family.
This court is adjourned.
Good job, Justine.
-Hope everything works out.
-Thanks.
Let's go home, son.
-We can't thank you enough.
-It's not necessary.
No, really. Thanks. Thanks.
-You okay?
-Yeah, I guess.
I'm kind of scared.
You'll be fine.
Dr. Sanchez is a good surgeon.
Take care.
Thanks for meeting me, Ray.
-Who killed Davey?
-I've got some ideas.
I'd like to meet him.
-You want another one?
-No.
Will you do some work for me?
I owe you, and I owed Davey.
I'll do whatever you need.
Eight o'clock from you,
center of the room...
...Gary Blondo and his security guy.
Gary Blondo that makes movies.
Davey was looking into a lead
in the Avedon case.
Avedon's in Blondo's new movie.
Davey went to Blondo for 100 grand.
The security guy delivered the money
to Davey where he was killed.
ls he the guy I want to meet?
Come on, I'll introduce you.
Oh, leave that. We're being joined.
Hey, Teddy.
Uh-oh, Teddy, who's jammed up today?
Pick a table, Gary.
Uh, you know Rusty Arnold?
-I think we've met a few times.
-Hoffman.
Gary Blondo, Rusty Arnold,
this is Raymond Velacek.
-Hi.
-You were an L.A. cop.
Yeah, retired.
Yeah, I think I read about it.
So how'd your conversations go?
Teddy, I'll tell you, I was
100 percent forthcoming.
-I gather Rusty was too.
-I'm sorry what happened to your guy.
Was he into
any drug cases or anything?
Not that I'm aware of.
Was he, uh, exclusive to you?
-Pretty much.
-Yeah, they asked me that.
-Pretty much.
-Yeah, they asked me that.
l, uh, didn't know what to tell them.
Keep me posted, Teddy...
...any developments.
-Sure.
-Good.
-Good to see you.
Take care.
Any idea who the empty chair was for?
Walk away from me.
Teddy.
Now, here's what makes you such
a complicated person, Richard.
You walk in a minute ago, you see
me, you head for the men's room...
...so I won't realize
you're Blondo's lunch date.
All you gotta do is stay in there.
But you can't do it.
You peek out, see me about to leave,
you gotta come out and let me see you.
Like 90 percent of you wants
to be careful, and 10 percent...
...wants to tempt fate.
You know, Teddy,
in a life not short on mistakes...
...l promised myself I would never
get involved in the picture business.
And what am I about to do?
Break bread with Blondo and let
him talk you into the picture business.
That's why you're
the smartest lawyer in town.
Will you wish me luck, Teddy?
Sure, Richard. Good luck.
Even if I'm not very prudent?
Those are the people
who need to stay lucky.
rhe second victim
had relatives in Sonoma.
Freddie Carello. I'll check it out.
If you get a bite,
I might want you to go up there.
-Julie Costello.
-Just a second.
lt opens at 800 a week, Ray,
with benefits.
Good. That's good.
I'll check in a couple times a day
and whenever there's news.
Thanks for seeing me.
Are you all right?
No. I'm bumping into things,
and I think I'm going to die.
Why do you think that?
Why? My sister's dead.
Your detective's dead.
Was he working off the diary
I gave you?
Julie, you want some water?
Something to drink?
Not allowed.
lt exaggerates my medications...
...which means
I'd probably fall off the building.
What medications are you taking?
Dr. Lester's happy combo.
You want my opinion of Dr. Lester?
Best case, he's a quack.
I lie there thinking that from about 1
in the morning until Richard gets up.
Then what happens?
Then he says it's part of my depression.
And then at 11 , I see Dr. Lester.
I hate the way I feel.
It's like there's a pillow on everything.
And I keep feeling like there's
something really terrible going on...
...and I can't see it through the pillow.
Maybe there is something terrible
going on.
Maybe there is.
Maybe there is.
You want to get out of Richard's house?
You want to get away from his doctor?
I have to go, I'm sorry.
This was a mistake.
I have to go, I'm sorry.
This was a mistake.
Julie, stop and talk to me.
If Richard's as evil as you think he is...
...then I killed my sister.
Julie.
-Don't get in here.
I deserve whatever happens.
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