Murder One (1995–1997): Season 1, Episode 6 - Chapter Six - full transcript
Julie overdoses on drugs prescribed by Dr. Lester.
All the evidence points
to a single perpetrator...
...who knew the victim and had rough
sex with her prior to her murder.
I believe the people have
established their burden.
Mr. Avedon, your case is bound over
to the Superior Court.
My name is Beverly Nichols.
I'd like to see Hoffman.
I have information
Richard Cross is innocent.
I was with him Wednesday night
when he went to that girl's apartment.
Mr. Cross hasn't said anyone was
with him at the crime scene.
My husband's a very violent man,
Mr. Hoffman.
He said he'd kill me
if I ever saw him again.
How about he's got a video...
...of Beverly and her husband
getting it on with a john?
That pretty much blows
Richard Cross' alibi all to hell.
Davey.
-Blalock might have known the shooter.
-Makes sense.
Did you have any knowledge...
...of business he might have
with Gary Blondo?
Why don't you go talk to Mr. Blondo.
We're gonna do that.
-Will you do some work for me?
-I owe you. I'll do whatever you need.
You walk in, you see me,
you head for the men's room...
...so I won't realize you're Gary Blondo's
Iunch date.
You 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.
My sister's dead, your
detective's dead, and I keep feeling...
...that there's something really terrible
going on...
...and I can't see it through the pillow.
Maybe there is something terrible
going on.
We turn now to Los Angeles
and the Goldilocks murder case...
...where reversals have afflicted
the fortunes...
...of defendant Meil Avedon.
With me to discuss these developments
is trial expert...
...Dana Benson.
Despite his newly acquired sobriety.
Avedon finds himself back in jail.
Shed some light on Judge Alexander's
reasons for revoking his bail.
Come to me, Dean. I want you.
Come to me, Dean. I want you.
God, I hope he's not short.
Honey, you know what they say
about the short ones.
--substance abuse whose
best interests. and that of society's...
...would be better served
by allowing him treatment...
...at a court-approved rehab facility.
Then along comes
the preliminary-hearing judge...
...Mathaniel Alexander. who sides
with the prosecution's argument...
...that. sober or not. Avedon remains
a danger to the community...
-...and should be in jail.
-The defense suffered another blow...
...with the as-yet-unexplained murder
of Hoffman's investigator. David Blalock.
-It's impossible to know whether
Blalock's execution-style killing...
...will have any bearing
on the outcome of this case.
But I am sure Ted Hoffman will be
trying to persuade a jury that Blalock...
...was getting too close to the real killer
and got murdered for his trouble.
We're going to take a short break.
Please stay with us.
-Good morning, Mr. Hoffman.
-Good morning, Lila. Sorry I'm late.
Let's go.
-Good morning, all.
Good morning.
Before we get to Avedon,
an announcement.
I've asked Ray Velacek
to come on board full-time...
...to do our investigative work. You've
all seen Ray here the last few days.
He's a welcome addition to the firm.
Louis has my pager number.
Store's open 24 hours.
So, what have we got?
We drew Judge Michaelman for trial.
I know his oldest daughter.
She has four younger sisters.
-He's going to hate Neil on sight.
-We're gonna exercise our peremptory.
-No way can we do worse.
-Take another run at bail?
Might as well try. Where are we
with Grasso on their witness list?
The same place they are
with us on ours.
Keep the pressure on.
I don't want Ray...
...to interview 50 people
the day before trial.
-What else is on the agenda?
Jury experts.
Marketing our way to a verdict.
Klemmer's in Florida
on a death penalty...
-...but I lined up two other consultants.
-Bring them in ASAP.
Ted, I picked up
a pro bono case on Friday.
PD fell out with a medical emergency.
-They had your name on file?
I put myself on the list.
It's a homicide. My guy killed someone
in a bar fight 17 years ago.
You're gonna need to locate witnesses.
Work with Ray, he'll be able to help.
-Yep.
-We're done here.
Ted? Ted? Ray Velacek.
You sure he's the one to be using
on this?
He's connected, he has experience,
what's your reservation?
He just got here.
Do you think he's ready for this?
He's ready, Arnold. And so are you.
-You're the best legal mind in the firm.
-On motions.
This is the same thing, different venue.
Go into that courtroom,
control the judge with law...
...make your case to the jury.
Okay. Thanks.
Julie Costello on three.
Something's wrong.
Julie, it's Ted.
Julie, it's Ted.
Forgive you for what?
I'm having trouble understanding you.
Where are you?
911 to her apartment, now.
Julie, talk to me.
Yes, I'm calling to report
a drug overdose...
...possibly a suicide attempt, at, uh...
...1501 North Havenhurst,
apartment 1 B.
No, we don't know what she took.
Julie, you couldn't have known
she was in danger.
My name is Louis Heinsbergen.
None of this is your fault.
No, Julie, don't put the phone down.
-Julie?
Please hurry.
How is she?
They're still working on her.
What kind of drugs did you have her
Ioaded up on?
I did not have her loaded up on anything,
and I resent your tone.
She was taking moderate doses
of prescription tranquilizers...
...for acute anxiety syndrome,
along with...
...some mild sleeping pills at night.
Dr. Lester, she's a very lucky girl.
We had trouble getting her rate back up,
but she's out of the woods now.
I'd like her overnight for observation.
By all means.
Did you give her a shot...
...of activated charcoal to soak up
any residual effects?
And a saline cath. The works.
-Good. Thank you.
-Mm-hm.
Don't give Julie Costello one more
medical prescription.
-Do you understand?
-You're out of your depth here.
Stick to what you know.
Leave doctoring to the doctors.
Your doctoring almost killed her.
Your clients come to you when they're
in trouble. So do mine.
I can't save every patient any more than
you can win every case.
Graham? Hi. I just got your message.
Hi, Teddy, how are you?
How's she doing?
Hi, Teddy, how are you?
How's she doing?
lt was touch and go, but she's fine.
-So you think she's going to be okay?
-Yeah.
Thank God. So when can I see her?
She's resting. They want her
to stay overnight.
All right. Well, private room,
nurses around the clock...
...whatever it takes, all right?
Teddy, if you hadn't been there for her,
I don't know if she would have made it.
I don't know what to say
except, "Thanks."
I know we all share a common concern
for Julie's well-being.
I was out here on vacation.
Right, 1978.
I'm sitting on a barstool,
minding my business.
There was this girl,
a real California type.
She's giving me the time of day.
I'm this 21 -year-old kid from New Jersey,
and this girl is into me.
-Mm-hm. And then?
-Then the guy starts needling me.
How? Loud, from across the bar,
in your face?
He was at the billiard table, calling over
the girl shouldn't be wasting her time...
...making fun of my boots,
my Jersey accent.
So I yelled back at him, you know,
like, "Go screw yourself!"
The next thing I know, he's banging
on my kidneys with a cue stick.
-So he attacked you.
-I thought he was gonna kill me.
So I grabbed my beer bottle
and clobbered him.
He went down.
lt gets hazy after that.
I heard someone say, "He's dead."
I ran out, drove straight to LAX,
got on a plane back home.
Joined the Army the next day.
And 17 years later,
police show up and arrest you...
...for the murder of Carl Pasternak.
We'd just sat down,
and the doorbell rang.
-Me, my wife, our baby girl--
-Why'd you move back to California?
You had to know it was a risk.
I took early retirement from the service
to get on with a company in Jersey.
The company got a contract
in Culver City. It was move or starve.
And I thought that if no one had ever
come after me till now...
...they never would. For all I knew,
the guy wasn't even dead.
Some deal, huh?
I came here to keep my family together.
I go to prison now,
I lose my reason for living.
Well, not if we put this incident
in its proper context.
-I confessed.
-To a justifiable homicide...
...acting in self-defense.
Okay? It's not a crime.
I'll talk to the DA, okay?
I'll see if I can make this thing go away.
I never spent the night
away from my family till now.
ls there any chance you could
get me bail?
You ran from the law.
I wouldn't count on it.
It's gonna be okay.
I'm not gonna insult you by pretending
what I do is an exact science.
What you buy when you buy me
is a strong statistical probability...
...that the jurors I recommend will
Iook favorably on our argument.
And if they don't?
I recommend you change your argument.
You don't think that's the tail
wagging the dog?
What's the difference,
Iong as you get the client off?
I assume you use questionnaires,
the Myers-Briggs profiles.
Everybody does. What you pay for
is my experience in interpreting the data.
-What's your record in court?
-Sixteen wins and one defeat.
Tell us about the loss.
Well, I suggested a defense,
the attorney ignored it.
Against my better judgment,
I stayed on...
...formulated a shadow jury,
not that I didn't know the outcome.
His client paid the penalty.
What you're saying is...
...you had nothing to do
with the case going south.
You hire me for the truth,
good, bad or indifferent.
The truth is, the attorney blew it.
Everyone has two sets of biases...
...those they present to the world,
those they live by but can't admit to.
We're assuming that's
where you come in.
I can pinpoint those secondary biases
by working...
...off of focus groups and interviews.
But you have to understand...
...my results can go out the window
once a jury is seated.
-You didn't mention that on the phone.
-They go out with any consultant.
People change in relation
to other people.
A jury's dynamic is always fluid.
We appreciate your candor.
But what can you bring to the table
for my client?
I've worked up a method of predicting,
to a degree...
...how each juror will alter their behavior
and opinions once impaneled.
I've also had success in predicting
the election of the foreman.
I've also had success in predicting
the election of the foreman.
I can gather data on how sequestration
will further change the jury.
With the intense coverage
this case has received...
...there's a chance the prosecution...
-...will go for sequestration.
-Your record is 28 wins, four losses?
Explain the losses.
Three of them occurred
early in my career.
Three of them occurred
early in my career.
I learned more from them
than from any of my wins.
And the fourth?
I made a mistake and misread the jury.
How soon can you start?
Here's the original police report.
If there's witnesses out there,
I'll find them.
Well, people move, people die.
The good news is,
if I can't find them...
...neither can the other side.
That's very comforting, Ray...
...but I'd like to go to the DA
with more artillery than that.
Mr. Velacek?
Mr. Hoffman's looking for you.
Thanks, Lila. From now on it's "Ray."
-I'll get back to you.
-Mm-hm.
-Let me tell you a story.
Okay.
Under the category
"theory of the crime"...
...how I see Davey buying it.
You tell me if I'm in the ballpark.
Davey comes to me, says he's got
a guy coming down with a video...
...of Beverly Nichols and her husband
getting it on with a john.
I ask him if this tape has a price tag.
Davey says no...
...the guy owes him one.
So where does the hundred grand
come in?
Must have been afraid if he told me
about the money, I'd pass on the deal.
He calls Gary Blondo instead...
...who says if the tape is as good
as promised...
...he'll come up with the money.
So Davey's at the motel.
Carello meets him there with the tape
to prove the information's good.
The tape shows Jake Nichols
making love to his wife. Beverly.
But for that tape to be worth
a hundred grand and two people's lives...
...the other guy had to have been
Richard Cross.
Your idea being that Richard Cross
wouldn't exactly want...
...the insanely jealous husband
from his alibi...
...on videotape happy as a clam
in a three-way with his wife...
-...and Richard Cross.
-Exactly.
And as soon as Davey verifies
the tape is as advertised...
...he calls Blondo. who sends
his bagman. Rusty Arnold...
...to the motel with the money.
My guess is...
...Rusty Arnold killed them both.
took the tape and the money.
And delivered the tape to Richard Cross.
That's the theory.
-lf you're right...
...if Arnold hit them both,
the guy's a pro. Case'll never make.
Maybe not.
But if you were Freddy Carello...
...and you had a tape of Cross...
...in a three-way with Nichols
and her husband...
...wouldn't you make an insurance copy
before you put it up for sale?
I'll get on it.
Worst case, we can rattle the cage
with the rumor it's out there.
They'll be looking for it too, Ray.
Be careful.
There we go.
Nice briefcase.
Oh, yeah, thank you. It's from Hermès.
I got it in Paris.
But it was on sale. Big discount.
And with the exchange rate, it really--
What can I do for you, Mr. Spivak?
Ah. The Kyle Nessen matter.
I'd like you to drop the charges.
Are you kidding? No way.
-Voluntary manslaughter, 11 years.
-Based on what?
Your guy's prints on the bottle.
Plus, a confession.
-Self-defense.
-Why did he run?
He panicked. He was a kid
alone in a strange city.
He remained in this state of panic
for 17 years?
No. But during that time,
he led an exemplary life.
He was a Gulf War hero.
He has a wife and a child.
I'm asking you to weigh the equities...
...and then ask yourself what purpose
could imprisoning him possibly serve.
Maybe I could see my way to an invol.
Six years, out in three with good time.
This offer's good today only.
-It's still prison.
-It's still homicide.
There's no purpose to it!
How do you rehabilitate a good man?
I don't care about rehabilitating him.
I care about punishing him.
Your good man smashed...
...another man's skull and killed him.
-Now he's got to pay.
-We'll let the jury decide that.
Fine.
And it wasn't on sale. It costs $400.
And my guy's gonna walk.
Tell the court why it took
so long to arrest the defendant.
Didn't have the technology back then.
We had witnesses, descriptions,
but nobody knew him.
We couldn't trace the prints
on the weapon.
How were you able to locate him?
Since I'm retiring, I gave
my back-burner cases one last shot.
I did a cold run and sent the latents
through AFIS...
...which is our automated
print-identification system.
And we got a hit from the defendant's
job-clearance ID.
That gave us his
Social Security number...
...and we traced him to his job.
Did he match
the witnesses' descriptions?
Yes, dead ringer. Little less hair,
a few more wrinkles.
When you arrested him, he admitted
to killing Mr. Pasternak, did he not?
Yes. His exact quote was:
"l guess I always figured one day
there'd be a knock on the door."
Thank you, detective.
ls it possible someone hit the victim
with the bottle and then Mr. Nessen...
...picked it up,
obscuring any other prints?
Objection. Speculation, Your Honor.
-I'm not speculating.
-You're asking him to.
ln addition to asking a compound
and confusing question, Mr. Spivak.
I apologize to the court.
I'll, uh.... I'll rephrase.
ls it possible someone else
hit the victim?
That's not what the witnesses said.
It's not what he said.
Okay, but is it possible?
Twenty-five years on the job.
Anything's possible.
That's a yes for the record?
-Right.
-Did Mr. Nessen have a lawyer present...
...when he made his statement?
No, but he got read his rights.
Your Honor, could you admonish the
witness to answer without editorializing?
Just a yes or no response, detective.
-No. No lawyer present.
That's all, Your Honor.
Step down. Anyone else, Ms. Dreyfuss?
No, Your Honor. The people believe
we've established reasonable suspicion...
...that the defendant is guilty
of voluntary manslaughter.
Mr. Spivak?
Your Honor, my client was provoked
into a barroom brawl...
...in which he felt
his life was threatened.
...in which he felt
his life was threatened.
He struck Mr. Pasternak in self-defense
and fled out of fear of his life.
ln the 17 years since,
he's led an exemplary life...
...dedicated to serving his country.
Nessen is not a killer. We don't think the
people have established criminal intent.
-We move this court for dismissal.
-I'm not convinced.
The defendant is hereby bound over
for trial in Superior Court.
Judge and date to be calendared
within two weeks. Next.
I wish I could be
more encouraging about the results.
-These are the facts. We deal with them.
-Two areas of particular weakness.
One, and we confirmed this over
three different shopping centers...
...younger women don't trust Neil.
-They identify with Jessica Costello.
-Possibly.
And the other area?
We did an associative-response survey
and ran it across a broad spectrum...
...of potential jurors. Almost every one
of the respondents visualizes Neil...
...behind bars. It skews
their perception of him...
...towards victimizer instead of victim.
-Any cure?
-Get him out of jail.
Did you find out who we drew for trial?
Bornstein, the swan judge.
You want to move for recusal?
We'd lose. We'd only antagonize her.
Let's see how she treats us on bail.
-Ted.
-Arnold.
-Velacek phoned while you were out.
-What'd he say?
On your witness list? Two are dead,
one's disappeared.
Here's the location for the last one.
-It's a bar.
-Ray says get there early...
...before the guy falls off his stool.
Thanks, Lila.
You're welcome.
Julie.
It's all right.
Teddy.
You were dreaming.
Was l?
lt felt more like remembering.
My throat.
Here.
Do you want to talk about it?
Your dream?
-You don't want to hear.
-Yes, I do.
Tell me.
I'm at home.
I'm in my bed, sleeping.
I feel someone's breath on me.
He's over me...
...kissing me.
I want to get up...
...get away...
...but my body won't do what I tell it.
We have sex.
I'm so ashamed.
Who is it, Julie?
Who is it in your dream?
Graham...
...Lester.
How often have you had this dream?
I don't know.
Get away from my patient, Mr. Hoffman.
-I need to speak to you.
-Fine.
Julie Costello's dream,
and that's all it is, a dream...
...is a simple manifestation
of a garden-variety transference.
-ls that the cover story?
-No, that's the fact.
She's projected her anxieties
into an imaginary scenario.
There's nothing unusual here
except your reaction.
Whatever bent logic allows you
to live with yourself...
...don't push it at me.
You and Richard Cross drove her to this,
and she's alive in spite of you both.
I know you don't believe me,
but all I care about is making her well.
The way you cared about
making Neil Avedon well?
You're never going to come around,
are you?
Not in this lifetime.
Doctor, a note for you.
Under "symptoms" for Julie Costello,
put the name Graham Lester.
-lgnore him.
-No. Pay very close attention.
You allow him access, and you threaten
not only her emotional well-being...
...but very likely her life.
-But he's her primary physician.
-He's her enemy.
Anything happens to her,
I swear I'll come after both of you.
Excuse me, sir. Is that Ron Walters?
-Andy, another one, please.
Right.
Ron Walters, Arnold Spivak.
Pleased to meet you, sir.
-Three-fifty.
-That's okay, I got that.
-Here you go. Keep the change.
-Yeah?
Mr. Walters, I'm an attorney.
I represent Kyle Nessen.
Does that name ring a bell?
-Kyle what?
-Nessen. Kyle Nessen.
Kyle Nessen?
Do you remember a bar in Hollywood
called Cleo's?
Yeah, it went out of business, uh....
-Let me see, back in....
-Nine years ago.
Do you remember a fight
in Cleo's 17 years ago...
-...in which someone was killed?
-Yeah.
Seventeen years ago.
Andy?
I'll give you 20 dollars not to drink,
just for a moment.
When the police interviewed you
at the time...
...you told them Mr. Nessen
hit the victim with a beer bottle.
Right.
Did you see what happened before?
Before what?
Oy. Um....
Can you verify Mr. Nessen
was defending himself...
-...when he hit the other man?
-Sure.
Yeah? Did you see the victim
swing the pool cue?
A guy comes at you with a pool cue,
you gotta hit back. You had no choice.
No, not me, my client.
Right. The other guy.
-What was his name?
-Kyle Nessen.
Can I have another drink now?
You don't remember what happened
that night at Cleo's, do you, sir?
You give me another 20 bucks...
...I'll remember whatever
you want me to.
You have a nice day.
Andy.
Ted, a moment?
-I'm on my way out. Make it fast.
I wouldn't bother you with this, but I'm
between a rock and a hard place.
I have no reliable witnesses. The
prosecution's evidence is pretty strong.
Put your client on the stand.
Let him sell his story to the jury.
He blows it, he goes away for 11 years.
-The family disintegrates.
-Then call Miriam Grasso.
-Call Grasso?
-lf the DA's unreasonable, appeal to her.
-She'd take my call?
-Of course. You're an attorney...
-...and you've got a client.
-I'll call her up, set up a meeting.
-What's good for you?
-You won't need me.
Nobody knows your facts as well as you
or how the law applies to them.
Make your case.
She won't bite.
Presented with the same facts,
Judge Alexander saw fit to revoke bail.
The people submit that there
has been nothing new...
...to justify overturning his decision.
With respects, Your Honor...
...we would argue there have always
been grounds for granting bail.
The fact that a magistrate
misunderstood the criteria...
...should not prevent you
from making a just decision.
ln other words, you think I'm smarter
than Judge Alexander.
I think Your Honor recognizes...
...that someone charged with a crime
is innocent until proven guilty.
Therefore, Mr. Avedon cannot be
considered a threat to his community...
...simply because he's charged
with homicide.
Moreover, and more importantly...
...my client has clearly demonstrated
he's not a flight risk.
How could he be?
He's either been in custody
or in a drug rehab lockdown.
When the videotape depicting him
and Melissa Griotte surfaced...
...he returned to court voluntarily.
When he left the Hiltz Clinic,
he returned voluntarily.
On every occasion when he easily
could have left the jurisdiction...
...he returned voluntarily.
Your Honor, it's a whole new ball game.
His attorney's ploys haven't worked.
He has to face a trial.
His attorney's ploys haven't worked.
He has to face a trial.
He has to face overwhelming evidence
against him.
This time, it's for real.
And the probability of flight
has increased geometrically.
He has faced the music before,
he'll face it again.
And any argument to the contrary
is not supported by fact.
It's a close call.
But I'm inclined to agree.
I'm reinstating bail in the amount
of 10 million dollars.
Previous terms continue in effect.
Thanks.
-Oh, damn it.
Sorry I'm late.
-Hi. Hello.
-You must be Arnold Spivak.
Yep.
Find a chair.
I understand you want to talk about
a plea arrangement on a homicide.
Ah, yes, that's correct. Kyle Nessen.
Cheryl.
Hi. I thought we were meeting alone,
but this is fine. No problem.
I want you to know, it's not generally
the policy of this office...
...to second-guess their deputy DAs,
not without extenuating circumstances.
I appreciate that, Ms. Grasso.
Normally, I wouldn't try to go
over Ms. Dreyfuss' head...
...but I feel that in this
particular instance--
Ticktock, Mr. Spivak.
Okay, here's my pitch.
I took this case pro bono
for the good of the public.
What Ms. Dreyfuss wants to do
isn't good for anyone...
...not society, not my client
and certainly not his wife and child.
-What about--?
If I could just frame things here.
Mr. Nessen killed a man in self-defense,
and terrified, he ran.
Now, I know Ms. Dreyfuss will argue
that the evidence, or lack of it...
...doesn't prove self-defense.
But Mr. Nessen's entire life since
that terrible moment proves my point.
I think we have to look at
who Kyle Nessen is and isn't.
He's not...
...Charlie Manson.
He's not Jeffrey Dahmer.
He's not Ted Bundy, not David--
I get your drift, Mr. Spivak.
The point is, he's a man
who made one mistake...
...and has spent the rest of his life
making up for it.
I may be out of line saying this,
and my apologies if I am...
...but I think a person
can be a tough prosecutor...
...and still be compassionate.
If we take this man through trial,
maybe I lose...
...but this office doesn't win.
Nobody wins.
We will have done nothing
to make anyone's life...
...safer or better.
Cheryl?
I came down to invol.
I think that's more than generous.
Well, there you have it, Mr. Spivak.
Thanks for stopping by.
Excuse me.
And now. more bad news
for film star Meil Avedon...
...who is charged with the slaying
of 15-year-old Jessica Costello...
...in the highly publicized
Goldilocks murder case.
lnformed sources confirm...
...that a recent telephone survey
conducted by Avedon's legal team...
...shows that 67 percent
of Southland residents...
...believe he committed the crime
with which he's charged.
The poll. which was taken
within the last two days....
-We have a leak in the firm, Louis.
-It would seem so.
-Find it and cap it.
-Mm-hm.
I'm not a free man.
I'll never be a free man...
...until Jessica Costello's killer
is brought to justice.
Question
You're being made into a scapegoat.
Did you know she was
underage when you slept with her?
I promised my attorneys I wouldn't
answer any questions about the case.
And I intend on keeping my promises
from now on.
So I'll have to excuse myself.
Thank you.
-Thank you.
-God bless.
That was Neil Avedon outside
Los Angeles Superior Court.
Coming up next. a minister fires tear gas
into an adult movie theater and--
I thought we'd lost you.
Any luck so far?
Not on the tape.
But I've been doing my homework
on Rusty Arnold.
Friend of mine in Narcotics worked
four cases with him...
...when he was with the DEA.
They spent a lot of time in Mexico.
Cuernavaca, Veracruz.
My guy says Arnold loved to spend,
and he loved to party.
But he made cases, popped a lot
of midlevel coke wholesalers.
-Someone making him look good?
-Possibly.
The bad guys owned him, they could
have been building up his résumé.
Only time my guy worked with him
here in L.A. was a couple of years ago...
...just before Arnold got
out of law enforcement...
...and went to work for the studio. He
came in on an L.A.P.D. investigation.
A patient OD'd at a rehab clinic.
They were looking at the clinic director
for prescribing illegally...
...but the case never made.
Two guesses who the doctor was.
Graham Lester.
Apparently, you stipulated
to Italian food this week.
You have a 7:30 dinner reservation
at I Cugini.
-Your wife will meet you there.
-Thanks, Louis.
Ted. Just spoke with Margaret Stratton.
She did another phone survey.
After the judge reinstated bail,
there's a 15-percent decrease...
...in people who think he's guilty
in every demographic.
-His press statement helped.
-Let's hope he behaves himself.
Kid could be his own best witness.
Beep-beep, Teddy. Coming through.
-I think Gary Blondo's here.
You think?
Listen to me.
Listen, and I don't want an argument.
I'm listening.
You're getting one of my points
in Neil's picture.
-Not appropriate, Gary.
-Agree to disagree with me.
When parasites and has-beens
are getting seven figures...
...the man who saves my picture
deserves one of my points.
And we're talking true gross, Teddy.
You don't think the public would have a
morbid fascination if he was still in jail?
Those warpos we'd get whether he's
in jail or not.
I want the normals, the girls who get
moist whenever Neil does an interview.
We get no dampness with him
in Parker Center.
Thanks for the fruit.
Do we have any other business?
My film's coming out,
my star is on the street.
You don't want a guy to have fun
for ten seconds, do you, Ted?
Just because I had lunch
with Richard Cross?
Come on, Teddy,
how many guys you know can put...
...nine figures
into independent product...
...who don't need a parking space
for their camel?
See if this makes you happy.
Rusty Arnold works for Richard.
-Rusty Arnold works for the studio.
-That's his day job.
You called Rusty Arnold to deliver
the money to Dave Blalock.
And I think Rusty Arnold
reported to Richard Cross.
I think Richard Cross
had Dave Blalock killed.
And I think your security guy
pulled the trigger.
So take your point and shove it
up your ass.
You're wrong.
I don't think so.
And if I'm not,
you're in way over your head.
These people are killers.
lt doesn't matter if you're
in bed with them or not.
If it suits their purpose...
...you might be the next one dead.
I'm busy. I gather we're done.
Arnold? You have a visitor in reception.
Hi.
I guess you're here to chew me out
for trying to go around you this morning.
Yeah, that was pretty nervy.
Just don't hold it against my client.
That's all I ask.
If you think I'd do that, you must have
a really low opinion of prosecutors.
I'm surprised you could bring yourself
to a defense attorney's office.
Aren't you afraid our lack of ethics
will rub off on you?
Aren't you afraid our lack of ethics
will rub off on you?
Being on enemy territory does give me
the creeps, I have to admit.
Any neutral turf come to mind?
I'd like to talk about your case.
Yeah. There's, uh, Harry's Bar
around the corner.
-Maybe we could get a beer?
-Sure.
-Here you go.
-Thanks.
-So cheers.
-Oh, yeah. Cheers.
-So.
-So. Right.
After our meeting with Miriam--
One of my major triumphs. Standing
there, words coming out of my mouth.
The only thing I'm thinking about is,
"Ah, am I blinking too much?" I was like--
-Arnold?
-Sorry. Excuse me. Sorry, go ahead.
After our meeting with Miriam, l...
...peeked at her legal pad. Remember
she was doodling through the meeting?
She had drawn a picture
of a courthouse...
...a,,nd underneath it, she had writt,,en,
Justice tempered with mercy.
I didn't want to fold in front of you.
I didn't want to give you the win.
It's lawyer's disease.
-Are you saying you're kicking this thing?
-Your guy can be out tomorrow morning.
That's great! We'll take it.
Why didn't you tell me this in the office?
I guess I could have
told you that upstairs.
But the truth is,
I wanted to have a beer with you.
Ha. You did?
You know, they have a dinner menu.
Unless you have to be somewhere.
Nope. I don't have to be anywhere.
Mind if I made one quick call to my
client, to tell him the good news?
I'll be here.
Is there something wrong
with your pasta?
It's fine.
You should have seen Julie Costello.
I don't know what drugs
Lester's got her on.
-She looks like she's 15 feet underwater.
-ls there anything you can do?
Not much.
Except sit around feeling sorry
for this poor kid...
...and obsessing about Richard Cross...
...when I should be enjoying the company
of my very patient, very understanding...
...and very beautiful wife.
Who appreciates the sentiment.
But you can't get out
from under this...
...no matter how hard you try.
It's in the air,
like Legionnaires' disease.
Why don't you climb
into that nice bottle of Pinot Grigio...
...and let me drive you home.
Let's go say hi to the Hoffmans.
Teddy?
Roger.
You know my wife, Evelyn.
-It's good to see you.
-Hey.
-I'm surprised you're not at the office...
...burning the midnight oil,
given the givens.
You're here for the food,
or you just courting the Italian vote?
Mr. Hoffman? There's a call for you
from a Dr. Wilkerson.
She says it's important.
Excuse me.
So.
I don't know.
lt may have something
to do with adrenaline, you know...
...a certain agitated energy, uh,
but, uh, you know, I babble.
I meander. It's odd. I don't know.
But, uh.... It could also be a number
of alternative causes. For example...
...there's the
flood-of-endorphins thing.
Which is, uh.... That's what runners get
when they get a good--
Shh.
-Anything else you want to say?
-No.
We, um....
We have to finish this case in court
before I can...
...invite you inside.
Yeah. Yeah.
-Okay.
-Okay.
Bye-bye.
Bye.
Hello, Ted.
We need to speak.
Alone.
I'm too tired, Ted. I just can't.
I'm too tired, Ted. I just can't.
I filled her in on your abortive attempt
to disrupt her treatment.
He's dangerous.
You don't have to go with him.
Yes, I do.
I need his help.
You're not in any condition to know
what you need.
I'll say this in language
you can comprehend.
lnterfere one more time,
I'll sue. And I'll win.
Julie, I'm your attorney.
I can protect you if you let me.
Not anymore. I have a new lawyer.
He's gonna send you a letter.
lsn't that what you said?
The letter will explain everything.
-The car's waiting.
-Goodbye, Ted.
Subtitles by
SDl Media Group
OCR extraction
by D.Lauper
to a single perpetrator...
...who knew the victim and had rough
sex with her prior to her murder.
I believe the people have
established their burden.
Mr. Avedon, your case is bound over
to the Superior Court.
My name is Beverly Nichols.
I'd like to see Hoffman.
I have information
Richard Cross is innocent.
I was with him Wednesday night
when he went to that girl's apartment.
Mr. Cross hasn't said anyone was
with him at the crime scene.
My husband's a very violent man,
Mr. Hoffman.
He said he'd kill me
if I ever saw him again.
How about he's got a video...
...of Beverly and her husband
getting it on with a john?
That pretty much blows
Richard Cross' alibi all to hell.
Davey.
-Blalock might have known the shooter.
-Makes sense.
Did you have any knowledge...
...of business he might have
with Gary Blondo?
Why don't you go talk to Mr. Blondo.
We're gonna do that.
-Will you do some work for me?
-I owe you. I'll do whatever you need.
You walk in, you see me,
you head for the men's room...
...so I won't realize you're Gary Blondo's
Iunch date.
You 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.
My sister's dead, your
detective's dead, and I keep feeling...
...that there's something really terrible
going on...
...and I can't see it through the pillow.
Maybe there is something terrible
going on.
We turn now to Los Angeles
and the Goldilocks murder case...
...where reversals have afflicted
the fortunes...
...of defendant Meil Avedon.
With me to discuss these developments
is trial expert...
...Dana Benson.
Despite his newly acquired sobriety.
Avedon finds himself back in jail.
Shed some light on Judge Alexander's
reasons for revoking his bail.
Come to me, Dean. I want you.
Come to me, Dean. I want you.
God, I hope he's not short.
Honey, you know what they say
about the short ones.
--substance abuse whose
best interests. and that of society's...
...would be better served
by allowing him treatment...
...at a court-approved rehab facility.
Then along comes
the preliminary-hearing judge...
...Mathaniel Alexander. who sides
with the prosecution's argument...
...that. sober or not. Avedon remains
a danger to the community...
-...and should be in jail.
-The defense suffered another blow...
...with the as-yet-unexplained murder
of Hoffman's investigator. David Blalock.
-It's impossible to know whether
Blalock's execution-style killing...
...will have any bearing
on the outcome of this case.
But I am sure Ted Hoffman will be
trying to persuade a jury that Blalock...
...was getting too close to the real killer
and got murdered for his trouble.
We're going to take a short break.
Please stay with us.
-Good morning, Mr. Hoffman.
-Good morning, Lila. Sorry I'm late.
Let's go.
-Good morning, all.
Good morning.
Before we get to Avedon,
an announcement.
I've asked Ray Velacek
to come on board full-time...
...to do our investigative work. You've
all seen Ray here the last few days.
He's a welcome addition to the firm.
Louis has my pager number.
Store's open 24 hours.
So, what have we got?
We drew Judge Michaelman for trial.
I know his oldest daughter.
She has four younger sisters.
-He's going to hate Neil on sight.
-We're gonna exercise our peremptory.
-No way can we do worse.
-Take another run at bail?
Might as well try. Where are we
with Grasso on their witness list?
The same place they are
with us on ours.
Keep the pressure on.
I don't want Ray...
...to interview 50 people
the day before trial.
-What else is on the agenda?
Jury experts.
Marketing our way to a verdict.
Klemmer's in Florida
on a death penalty...
-...but I lined up two other consultants.
-Bring them in ASAP.
Ted, I picked up
a pro bono case on Friday.
PD fell out with a medical emergency.
-They had your name on file?
I put myself on the list.
It's a homicide. My guy killed someone
in a bar fight 17 years ago.
You're gonna need to locate witnesses.
Work with Ray, he'll be able to help.
-Yep.
-We're done here.
Ted? Ted? Ray Velacek.
You sure he's the one to be using
on this?
He's connected, he has experience,
what's your reservation?
He just got here.
Do you think he's ready for this?
He's ready, Arnold. And so are you.
-You're the best legal mind in the firm.
-On motions.
This is the same thing, different venue.
Go into that courtroom,
control the judge with law...
...make your case to the jury.
Okay. Thanks.
Julie Costello on three.
Something's wrong.
Julie, it's Ted.
Julie, it's Ted.
Forgive you for what?
I'm having trouble understanding you.
Where are you?
911 to her apartment, now.
Julie, talk to me.
Yes, I'm calling to report
a drug overdose...
...possibly a suicide attempt, at, uh...
...1501 North Havenhurst,
apartment 1 B.
No, we don't know what she took.
Julie, you couldn't have known
she was in danger.
My name is Louis Heinsbergen.
None of this is your fault.
No, Julie, don't put the phone down.
-Julie?
Please hurry.
How is she?
They're still working on her.
What kind of drugs did you have her
Ioaded up on?
I did not have her loaded up on anything,
and I resent your tone.
She was taking moderate doses
of prescription tranquilizers...
...for acute anxiety syndrome,
along with...
...some mild sleeping pills at night.
Dr. Lester, she's a very lucky girl.
We had trouble getting her rate back up,
but she's out of the woods now.
I'd like her overnight for observation.
By all means.
Did you give her a shot...
...of activated charcoal to soak up
any residual effects?
And a saline cath. The works.
-Good. Thank you.
-Mm-hm.
Don't give Julie Costello one more
medical prescription.
-Do you understand?
-You're out of your depth here.
Stick to what you know.
Leave doctoring to the doctors.
Your doctoring almost killed her.
Your clients come to you when they're
in trouble. So do mine.
I can't save every patient any more than
you can win every case.
Graham? Hi. I just got your message.
Hi, Teddy, how are you?
How's she doing?
Hi, Teddy, how are you?
How's she doing?
lt was touch and go, but she's fine.
-So you think she's going to be okay?
-Yeah.
Thank God. So when can I see her?
She's resting. They want her
to stay overnight.
All right. Well, private room,
nurses around the clock...
...whatever it takes, all right?
Teddy, if you hadn't been there for her,
I don't know if she would have made it.
I don't know what to say
except, "Thanks."
I know we all share a common concern
for Julie's well-being.
I was out here on vacation.
Right, 1978.
I'm sitting on a barstool,
minding my business.
There was this girl,
a real California type.
She's giving me the time of day.
I'm this 21 -year-old kid from New Jersey,
and this girl is into me.
-Mm-hm. And then?
-Then the guy starts needling me.
How? Loud, from across the bar,
in your face?
He was at the billiard table, calling over
the girl shouldn't be wasting her time...
...making fun of my boots,
my Jersey accent.
So I yelled back at him, you know,
like, "Go screw yourself!"
The next thing I know, he's banging
on my kidneys with a cue stick.
-So he attacked you.
-I thought he was gonna kill me.
So I grabbed my beer bottle
and clobbered him.
He went down.
lt gets hazy after that.
I heard someone say, "He's dead."
I ran out, drove straight to LAX,
got on a plane back home.
Joined the Army the next day.
And 17 years later,
police show up and arrest you...
...for the murder of Carl Pasternak.
We'd just sat down,
and the doorbell rang.
-Me, my wife, our baby girl--
-Why'd you move back to California?
You had to know it was a risk.
I took early retirement from the service
to get on with a company in Jersey.
The company got a contract
in Culver City. It was move or starve.
And I thought that if no one had ever
come after me till now...
...they never would. For all I knew,
the guy wasn't even dead.
Some deal, huh?
I came here to keep my family together.
I go to prison now,
I lose my reason for living.
Well, not if we put this incident
in its proper context.
-I confessed.
-To a justifiable homicide...
...acting in self-defense.
Okay? It's not a crime.
I'll talk to the DA, okay?
I'll see if I can make this thing go away.
I never spent the night
away from my family till now.
ls there any chance you could
get me bail?
You ran from the law.
I wouldn't count on it.
It's gonna be okay.
I'm not gonna insult you by pretending
what I do is an exact science.
What you buy when you buy me
is a strong statistical probability...
...that the jurors I recommend will
Iook favorably on our argument.
And if they don't?
I recommend you change your argument.
You don't think that's the tail
wagging the dog?
What's the difference,
Iong as you get the client off?
I assume you use questionnaires,
the Myers-Briggs profiles.
Everybody does. What you pay for
is my experience in interpreting the data.
-What's your record in court?
-Sixteen wins and one defeat.
Tell us about the loss.
Well, I suggested a defense,
the attorney ignored it.
Against my better judgment,
I stayed on...
...formulated a shadow jury,
not that I didn't know the outcome.
His client paid the penalty.
What you're saying is...
...you had nothing to do
with the case going south.
You hire me for the truth,
good, bad or indifferent.
The truth is, the attorney blew it.
Everyone has two sets of biases...
...those they present to the world,
those they live by but can't admit to.
We're assuming that's
where you come in.
I can pinpoint those secondary biases
by working...
...off of focus groups and interviews.
But you have to understand...
...my results can go out the window
once a jury is seated.
-You didn't mention that on the phone.
-They go out with any consultant.
People change in relation
to other people.
A jury's dynamic is always fluid.
We appreciate your candor.
But what can you bring to the table
for my client?
I've worked up a method of predicting,
to a degree...
...how each juror will alter their behavior
and opinions once impaneled.
I've also had success in predicting
the election of the foreman.
I've also had success in predicting
the election of the foreman.
I can gather data on how sequestration
will further change the jury.
With the intense coverage
this case has received...
...there's a chance the prosecution...
-...will go for sequestration.
-Your record is 28 wins, four losses?
Explain the losses.
Three of them occurred
early in my career.
Three of them occurred
early in my career.
I learned more from them
than from any of my wins.
And the fourth?
I made a mistake and misread the jury.
How soon can you start?
Here's the original police report.
If there's witnesses out there,
I'll find them.
Well, people move, people die.
The good news is,
if I can't find them...
...neither can the other side.
That's very comforting, Ray...
...but I'd like to go to the DA
with more artillery than that.
Mr. Velacek?
Mr. Hoffman's looking for you.
Thanks, Lila. From now on it's "Ray."
-I'll get back to you.
-Mm-hm.
-Let me tell you a story.
Okay.
Under the category
"theory of the crime"...
...how I see Davey buying it.
You tell me if I'm in the ballpark.
Davey comes to me, says he's got
a guy coming down with a video...
...of Beverly Nichols and her husband
getting it on with a john.
I ask him if this tape has a price tag.
Davey says no...
...the guy owes him one.
So where does the hundred grand
come in?
Must have been afraid if he told me
about the money, I'd pass on the deal.
He calls Gary Blondo instead...
...who says if the tape is as good
as promised...
...he'll come up with the money.
So Davey's at the motel.
Carello meets him there with the tape
to prove the information's good.
The tape shows Jake Nichols
making love to his wife. Beverly.
But for that tape to be worth
a hundred grand and two people's lives...
...the other guy had to have been
Richard Cross.
Your idea being that Richard Cross
wouldn't exactly want...
...the insanely jealous husband
from his alibi...
...on videotape happy as a clam
in a three-way with his wife...
-...and Richard Cross.
-Exactly.
And as soon as Davey verifies
the tape is as advertised...
...he calls Blondo. who sends
his bagman. Rusty Arnold...
...to the motel with the money.
My guess is...
...Rusty Arnold killed them both.
took the tape and the money.
And delivered the tape to Richard Cross.
That's the theory.
-lf you're right...
...if Arnold hit them both,
the guy's a pro. Case'll never make.
Maybe not.
But if you were Freddy Carello...
...and you had a tape of Cross...
...in a three-way with Nichols
and her husband...
...wouldn't you make an insurance copy
before you put it up for sale?
I'll get on it.
Worst case, we can rattle the cage
with the rumor it's out there.
They'll be looking for it too, Ray.
Be careful.
There we go.
Nice briefcase.
Oh, yeah, thank you. It's from Hermès.
I got it in Paris.
But it was on sale. Big discount.
And with the exchange rate, it really--
What can I do for you, Mr. Spivak?
Ah. The Kyle Nessen matter.
I'd like you to drop the charges.
Are you kidding? No way.
-Voluntary manslaughter, 11 years.
-Based on what?
Your guy's prints on the bottle.
Plus, a confession.
-Self-defense.
-Why did he run?
He panicked. He was a kid
alone in a strange city.
He remained in this state of panic
for 17 years?
No. But during that time,
he led an exemplary life.
He was a Gulf War hero.
He has a wife and a child.
I'm asking you to weigh the equities...
...and then ask yourself what purpose
could imprisoning him possibly serve.
Maybe I could see my way to an invol.
Six years, out in three with good time.
This offer's good today only.
-It's still prison.
-It's still homicide.
There's no purpose to it!
How do you rehabilitate a good man?
I don't care about rehabilitating him.
I care about punishing him.
Your good man smashed...
...another man's skull and killed him.
-Now he's got to pay.
-We'll let the jury decide that.
Fine.
And it wasn't on sale. It costs $400.
And my guy's gonna walk.
Tell the court why it took
so long to arrest the defendant.
Didn't have the technology back then.
We had witnesses, descriptions,
but nobody knew him.
We couldn't trace the prints
on the weapon.
How were you able to locate him?
Since I'm retiring, I gave
my back-burner cases one last shot.
I did a cold run and sent the latents
through AFIS...
...which is our automated
print-identification system.
And we got a hit from the defendant's
job-clearance ID.
That gave us his
Social Security number...
...and we traced him to his job.
Did he match
the witnesses' descriptions?
Yes, dead ringer. Little less hair,
a few more wrinkles.
When you arrested him, he admitted
to killing Mr. Pasternak, did he not?
Yes. His exact quote was:
"l guess I always figured one day
there'd be a knock on the door."
Thank you, detective.
ls it possible someone hit the victim
with the bottle and then Mr. Nessen...
...picked it up,
obscuring any other prints?
Objection. Speculation, Your Honor.
-I'm not speculating.
-You're asking him to.
ln addition to asking a compound
and confusing question, Mr. Spivak.
I apologize to the court.
I'll, uh.... I'll rephrase.
ls it possible someone else
hit the victim?
That's not what the witnesses said.
It's not what he said.
Okay, but is it possible?
Twenty-five years on the job.
Anything's possible.
That's a yes for the record?
-Right.
-Did Mr. Nessen have a lawyer present...
...when he made his statement?
No, but he got read his rights.
Your Honor, could you admonish the
witness to answer without editorializing?
Just a yes or no response, detective.
-No. No lawyer present.
That's all, Your Honor.
Step down. Anyone else, Ms. Dreyfuss?
No, Your Honor. The people believe
we've established reasonable suspicion...
...that the defendant is guilty
of voluntary manslaughter.
Mr. Spivak?
Your Honor, my client was provoked
into a barroom brawl...
...in which he felt
his life was threatened.
...in which he felt
his life was threatened.
He struck Mr. Pasternak in self-defense
and fled out of fear of his life.
ln the 17 years since,
he's led an exemplary life...
...dedicated to serving his country.
Nessen is not a killer. We don't think the
people have established criminal intent.
-We move this court for dismissal.
-I'm not convinced.
The defendant is hereby bound over
for trial in Superior Court.
Judge and date to be calendared
within two weeks. Next.
I wish I could be
more encouraging about the results.
-These are the facts. We deal with them.
-Two areas of particular weakness.
One, and we confirmed this over
three different shopping centers...
...younger women don't trust Neil.
-They identify with Jessica Costello.
-Possibly.
And the other area?
We did an associative-response survey
and ran it across a broad spectrum...
...of potential jurors. Almost every one
of the respondents visualizes Neil...
...behind bars. It skews
their perception of him...
...towards victimizer instead of victim.
-Any cure?
-Get him out of jail.
Did you find out who we drew for trial?
Bornstein, the swan judge.
You want to move for recusal?
We'd lose. We'd only antagonize her.
Let's see how she treats us on bail.
-Ted.
-Arnold.
-Velacek phoned while you were out.
-What'd he say?
On your witness list? Two are dead,
one's disappeared.
Here's the location for the last one.
-It's a bar.
-Ray says get there early...
...before the guy falls off his stool.
Thanks, Lila.
You're welcome.
Julie.
It's all right.
Teddy.
You were dreaming.
Was l?
lt felt more like remembering.
My throat.
Here.
Do you want to talk about it?
Your dream?
-You don't want to hear.
-Yes, I do.
Tell me.
I'm at home.
I'm in my bed, sleeping.
I feel someone's breath on me.
He's over me...
...kissing me.
I want to get up...
...get away...
...but my body won't do what I tell it.
We have sex.
I'm so ashamed.
Who is it, Julie?
Who is it in your dream?
Graham...
...Lester.
How often have you had this dream?
I don't know.
Get away from my patient, Mr. Hoffman.
-I need to speak to you.
-Fine.
Julie Costello's dream,
and that's all it is, a dream...
...is a simple manifestation
of a garden-variety transference.
-ls that the cover story?
-No, that's the fact.
She's projected her anxieties
into an imaginary scenario.
There's nothing unusual here
except your reaction.
Whatever bent logic allows you
to live with yourself...
...don't push it at me.
You and Richard Cross drove her to this,
and she's alive in spite of you both.
I know you don't believe me,
but all I care about is making her well.
The way you cared about
making Neil Avedon well?
You're never going to come around,
are you?
Not in this lifetime.
Doctor, a note for you.
Under "symptoms" for Julie Costello,
put the name Graham Lester.
-lgnore him.
-No. Pay very close attention.
You allow him access, and you threaten
not only her emotional well-being...
...but very likely her life.
-But he's her primary physician.
-He's her enemy.
Anything happens to her,
I swear I'll come after both of you.
Excuse me, sir. Is that Ron Walters?
-Andy, another one, please.
Right.
Ron Walters, Arnold Spivak.
Pleased to meet you, sir.
-Three-fifty.
-That's okay, I got that.
-Here you go. Keep the change.
-Yeah?
Mr. Walters, I'm an attorney.
I represent Kyle Nessen.
Does that name ring a bell?
-Kyle what?
-Nessen. Kyle Nessen.
Kyle Nessen?
Do you remember a bar in Hollywood
called Cleo's?
Yeah, it went out of business, uh....
-Let me see, back in....
-Nine years ago.
Do you remember a fight
in Cleo's 17 years ago...
-...in which someone was killed?
-Yeah.
Seventeen years ago.
Andy?
I'll give you 20 dollars not to drink,
just for a moment.
When the police interviewed you
at the time...
...you told them Mr. Nessen
hit the victim with a beer bottle.
Right.
Did you see what happened before?
Before what?
Oy. Um....
Can you verify Mr. Nessen
was defending himself...
-...when he hit the other man?
-Sure.
Yeah? Did you see the victim
swing the pool cue?
A guy comes at you with a pool cue,
you gotta hit back. You had no choice.
No, not me, my client.
Right. The other guy.
-What was his name?
-Kyle Nessen.
Can I have another drink now?
You don't remember what happened
that night at Cleo's, do you, sir?
You give me another 20 bucks...
...I'll remember whatever
you want me to.
You have a nice day.
Andy.
Ted, a moment?
-I'm on my way out. Make it fast.
I wouldn't bother you with this, but I'm
between a rock and a hard place.
I have no reliable witnesses. The
prosecution's evidence is pretty strong.
Put your client on the stand.
Let him sell his story to the jury.
He blows it, he goes away for 11 years.
-The family disintegrates.
-Then call Miriam Grasso.
-Call Grasso?
-lf the DA's unreasonable, appeal to her.
-She'd take my call?
-Of course. You're an attorney...
-...and you've got a client.
-I'll call her up, set up a meeting.
-What's good for you?
-You won't need me.
Nobody knows your facts as well as you
or how the law applies to them.
Make your case.
She won't bite.
Presented with the same facts,
Judge Alexander saw fit to revoke bail.
The people submit that there
has been nothing new...
...to justify overturning his decision.
With respects, Your Honor...
...we would argue there have always
been grounds for granting bail.
The fact that a magistrate
misunderstood the criteria...
...should not prevent you
from making a just decision.
ln other words, you think I'm smarter
than Judge Alexander.
I think Your Honor recognizes...
...that someone charged with a crime
is innocent until proven guilty.
Therefore, Mr. Avedon cannot be
considered a threat to his community...
...simply because he's charged
with homicide.
Moreover, and more importantly...
...my client has clearly demonstrated
he's not a flight risk.
How could he be?
He's either been in custody
or in a drug rehab lockdown.
When the videotape depicting him
and Melissa Griotte surfaced...
...he returned to court voluntarily.
When he left the Hiltz Clinic,
he returned voluntarily.
On every occasion when he easily
could have left the jurisdiction...
...he returned voluntarily.
Your Honor, it's a whole new ball game.
His attorney's ploys haven't worked.
He has to face a trial.
His attorney's ploys haven't worked.
He has to face a trial.
He has to face overwhelming evidence
against him.
This time, it's for real.
And the probability of flight
has increased geometrically.
He has faced the music before,
he'll face it again.
And any argument to the contrary
is not supported by fact.
It's a close call.
But I'm inclined to agree.
I'm reinstating bail in the amount
of 10 million dollars.
Previous terms continue in effect.
Thanks.
-Oh, damn it.
Sorry I'm late.
-Hi. Hello.
-You must be Arnold Spivak.
Yep.
Find a chair.
I understand you want to talk about
a plea arrangement on a homicide.
Ah, yes, that's correct. Kyle Nessen.
Cheryl.
Hi. I thought we were meeting alone,
but this is fine. No problem.
I want you to know, it's not generally
the policy of this office...
...to second-guess their deputy DAs,
not without extenuating circumstances.
I appreciate that, Ms. Grasso.
Normally, I wouldn't try to go
over Ms. Dreyfuss' head...
...but I feel that in this
particular instance--
Ticktock, Mr. Spivak.
Okay, here's my pitch.
I took this case pro bono
for the good of the public.
What Ms. Dreyfuss wants to do
isn't good for anyone...
...not society, not my client
and certainly not his wife and child.
-What about--?
If I could just frame things here.
Mr. Nessen killed a man in self-defense,
and terrified, he ran.
Now, I know Ms. Dreyfuss will argue
that the evidence, or lack of it...
...doesn't prove self-defense.
But Mr. Nessen's entire life since
that terrible moment proves my point.
I think we have to look at
who Kyle Nessen is and isn't.
He's not...
...Charlie Manson.
He's not Jeffrey Dahmer.
He's not Ted Bundy, not David--
I get your drift, Mr. Spivak.
The point is, he's a man
who made one mistake...
...and has spent the rest of his life
making up for it.
I may be out of line saying this,
and my apologies if I am...
...but I think a person
can be a tough prosecutor...
...and still be compassionate.
If we take this man through trial,
maybe I lose...
...but this office doesn't win.
Nobody wins.
We will have done nothing
to make anyone's life...
...safer or better.
Cheryl?
I came down to invol.
I think that's more than generous.
Well, there you have it, Mr. Spivak.
Thanks for stopping by.
Excuse me.
And now. more bad news
for film star Meil Avedon...
...who is charged with the slaying
of 15-year-old Jessica Costello...
...in the highly publicized
Goldilocks murder case.
lnformed sources confirm...
...that a recent telephone survey
conducted by Avedon's legal team...
...shows that 67 percent
of Southland residents...
...believe he committed the crime
with which he's charged.
The poll. which was taken
within the last two days....
-We have a leak in the firm, Louis.
-It would seem so.
-Find it and cap it.
-Mm-hm.
I'm not a free man.
I'll never be a free man...
...until Jessica Costello's killer
is brought to justice.
Question
You're being made into a scapegoat.
Did you know she was
underage when you slept with her?
I promised my attorneys I wouldn't
answer any questions about the case.
And I intend on keeping my promises
from now on.
So I'll have to excuse myself.
Thank you.
-Thank you.
-God bless.
That was Neil Avedon outside
Los Angeles Superior Court.
Coming up next. a minister fires tear gas
into an adult movie theater and--
I thought we'd lost you.
Any luck so far?
Not on the tape.
But I've been doing my homework
on Rusty Arnold.
Friend of mine in Narcotics worked
four cases with him...
...when he was with the DEA.
They spent a lot of time in Mexico.
Cuernavaca, Veracruz.
My guy says Arnold loved to spend,
and he loved to party.
But he made cases, popped a lot
of midlevel coke wholesalers.
-Someone making him look good?
-Possibly.
The bad guys owned him, they could
have been building up his résumé.
Only time my guy worked with him
here in L.A. was a couple of years ago...
...just before Arnold got
out of law enforcement...
...and went to work for the studio. He
came in on an L.A.P.D. investigation.
A patient OD'd at a rehab clinic.
They were looking at the clinic director
for prescribing illegally...
...but the case never made.
Two guesses who the doctor was.
Graham Lester.
Apparently, you stipulated
to Italian food this week.
You have a 7:30 dinner reservation
at I Cugini.
-Your wife will meet you there.
-Thanks, Louis.
Ted. Just spoke with Margaret Stratton.
She did another phone survey.
After the judge reinstated bail,
there's a 15-percent decrease...
...in people who think he's guilty
in every demographic.
-His press statement helped.
-Let's hope he behaves himself.
Kid could be his own best witness.
Beep-beep, Teddy. Coming through.
-I think Gary Blondo's here.
You think?
Listen to me.
Listen, and I don't want an argument.
I'm listening.
You're getting one of my points
in Neil's picture.
-Not appropriate, Gary.
-Agree to disagree with me.
When parasites and has-beens
are getting seven figures...
...the man who saves my picture
deserves one of my points.
And we're talking true gross, Teddy.
You don't think the public would have a
morbid fascination if he was still in jail?
Those warpos we'd get whether he's
in jail or not.
I want the normals, the girls who get
moist whenever Neil does an interview.
We get no dampness with him
in Parker Center.
Thanks for the fruit.
Do we have any other business?
My film's coming out,
my star is on the street.
You don't want a guy to have fun
for ten seconds, do you, Ted?
Just because I had lunch
with Richard Cross?
Come on, Teddy,
how many guys you know can put...
...nine figures
into independent product...
...who don't need a parking space
for their camel?
See if this makes you happy.
Rusty Arnold works for Richard.
-Rusty Arnold works for the studio.
-That's his day job.
You called Rusty Arnold to deliver
the money to Dave Blalock.
And I think Rusty Arnold
reported to Richard Cross.
I think Richard Cross
had Dave Blalock killed.
And I think your security guy
pulled the trigger.
So take your point and shove it
up your ass.
You're wrong.
I don't think so.
And if I'm not,
you're in way over your head.
These people are killers.
lt doesn't matter if you're
in bed with them or not.
If it suits their purpose...
...you might be the next one dead.
I'm busy. I gather we're done.
Arnold? You have a visitor in reception.
Hi.
I guess you're here to chew me out
for trying to go around you this morning.
Yeah, that was pretty nervy.
Just don't hold it against my client.
That's all I ask.
If you think I'd do that, you must have
a really low opinion of prosecutors.
I'm surprised you could bring yourself
to a defense attorney's office.
Aren't you afraid our lack of ethics
will rub off on you?
Aren't you afraid our lack of ethics
will rub off on you?
Being on enemy territory does give me
the creeps, I have to admit.
Any neutral turf come to mind?
I'd like to talk about your case.
Yeah. There's, uh, Harry's Bar
around the corner.
-Maybe we could get a beer?
-Sure.
-Here you go.
-Thanks.
-So cheers.
-Oh, yeah. Cheers.
-So.
-So. Right.
After our meeting with Miriam--
One of my major triumphs. Standing
there, words coming out of my mouth.
The only thing I'm thinking about is,
"Ah, am I blinking too much?" I was like--
-Arnold?
-Sorry. Excuse me. Sorry, go ahead.
After our meeting with Miriam, l...
...peeked at her legal pad. Remember
she was doodling through the meeting?
She had drawn a picture
of a courthouse...
...a,,nd underneath it, she had writt,,en,
Justice tempered with mercy.
I didn't want to fold in front of you.
I didn't want to give you the win.
It's lawyer's disease.
-Are you saying you're kicking this thing?
-Your guy can be out tomorrow morning.
That's great! We'll take it.
Why didn't you tell me this in the office?
I guess I could have
told you that upstairs.
But the truth is,
I wanted to have a beer with you.
Ha. You did?
You know, they have a dinner menu.
Unless you have to be somewhere.
Nope. I don't have to be anywhere.
Mind if I made one quick call to my
client, to tell him the good news?
I'll be here.
Is there something wrong
with your pasta?
It's fine.
You should have seen Julie Costello.
I don't know what drugs
Lester's got her on.
-She looks like she's 15 feet underwater.
-ls there anything you can do?
Not much.
Except sit around feeling sorry
for this poor kid...
...and obsessing about Richard Cross...
...when I should be enjoying the company
of my very patient, very understanding...
...and very beautiful wife.
Who appreciates the sentiment.
But you can't get out
from under this...
...no matter how hard you try.
It's in the air,
like Legionnaires' disease.
Why don't you climb
into that nice bottle of Pinot Grigio...
...and let me drive you home.
Let's go say hi to the Hoffmans.
Teddy?
Roger.
You know my wife, Evelyn.
-It's good to see you.
-Hey.
-I'm surprised you're not at the office...
...burning the midnight oil,
given the givens.
You're here for the food,
or you just courting the Italian vote?
Mr. Hoffman? There's a call for you
from a Dr. Wilkerson.
She says it's important.
Excuse me.
So.
I don't know.
lt may have something
to do with adrenaline, you know...
...a certain agitated energy, uh,
but, uh, you know, I babble.
I meander. It's odd. I don't know.
But, uh.... It could also be a number
of alternative causes. For example...
...there's the
flood-of-endorphins thing.
Which is, uh.... That's what runners get
when they get a good--
Shh.
-Anything else you want to say?
-No.
We, um....
We have to finish this case in court
before I can...
...invite you inside.
Yeah. Yeah.
-Okay.
-Okay.
Bye-bye.
Bye.
Hello, Ted.
We need to speak.
Alone.
I'm too tired, Ted. I just can't.
I'm too tired, Ted. I just can't.
I filled her in on your abortive attempt
to disrupt her treatment.
He's dangerous.
You don't have to go with him.
Yes, I do.
I need his help.
You're not in any condition to know
what you need.
I'll say this in language
you can comprehend.
lnterfere one more time,
I'll sue. And I'll win.
Julie, I'm your attorney.
I can protect you if you let me.
Not anymore. I have a new lawyer.
He's gonna send you a letter.
lsn't that what you said?
The letter will explain everything.
-The car's waiting.
-Goodbye, Ted.
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