Original subtitles

Previously on L .A. Law. If you think you're going to step into the void left

my absence so that you can... I've never seen any void.

You think you're this tough, lady? Don't take me on, Ann.

I don't know what your relationship is with this woman. I don't want to know. I

mean, that's for you to figure out.

I mean, there's nothing between Grace and me but friendship.

I don't know you well enough to know if you're lying.

But someday I'm going to pick the expression.

Something tells me to look a lot like the one you're wearing right now.

I'm not a wild beast, no matter what you would like these people to believe.

I am a human being, and I did not kill anyone!

In the matter of the people versus Earl Williams, we, the jury, having

previously found the defendant guilty of murder in the first degree...

and having found special circumstances to exist, now do fix penalty at death by

the infliction of lethal gas.

I'll call you as soon as it's over.

I shouldn't be trying to get my hopes up here, should I?

Death penalty appeals are usually losers. I'm not going to lie to you

that, but we do have a chance, Earl. We have a legitimate chance.

How long does it take them to make up their minds?

They usually take it under advisement, but you never know. With this kind of

case, they could decide pretty quickly.

We've got plenty of appeals left. We haven't even gotten to the federal court

yet, so...

Moving on, Michael, where are we in the Earl Williams appeal?

Oral arguments before the Supreme Court of California tomorrow, 11 o 'clock.

Victor will be second -carrying.

Are we still doing the moot court in preparation?

Yes, it's morning. You, Victor, and Stuart are the judges. I hope you had a

chance to look over the briefs. I studied them. Good.

I want you all to be as tough as you can.

I'll be giving you a list of the issues that I believe the judges will be coming

at me with, so whatever questions you can come up with will be very helpful.

I think you really got a shot.

Yeah.

Moving on, major kudos to Rosalind Chase.

She's officially landed Anderson Industries as a client.

This is the second largest steel distribution company in the country and

potentially the biggest client we've ever had.

That's terrific.

Way to go, Roz.

Thank you.

I have a meeting with the CEO on Wednesday, and I suspect that he'll put

right to work.

That's fantastic.

It certainly is. And moving from the fantastic to the incredible, Arnold.

You have a case involving Rochelle Peters?

Yeah, I'm representing her ex -husband. Is that the Rochelle Peters of the

evening news, 7 o 'clock? Very one, and this is good.

Evidently, Miss Peters did some anchoring before a different kind of

Don't tell me. Home videos.

Between she and her husband when they were just newlyweds in the act, in the

other act, in the simultaneous act, anyway, cut to five years later.

Husband becomes ex -husband. He has something all the adult film

companies would like to have. He wants to sell. She slapped him with a

restraining order. That's despicable.

Have you got the tape? He'll be bringing it in. We've got a meeting this

morning. How can you involve yourself with something like this?

Because it's perverted. It's sordid.

It's what I live for.

Keep us apprised, Arnold. And on that titillating note, we're adjourned.

Leland? Can I talk to you about something?

Sure. Well, I've got a meeting in 30 minutes, right after lunch. Actually, I

hoping I could do it now. It's important.

Yeah, sure. Come on.

Okay.

This new client, Anderson Industries.

Yes.

Anderson Industries has major holdings in South Africa, Leland.

It has a...

A long investment history in South Africa. It distributes steel girders

in South Africa.

Now, I'm not a very political person.

And I know it's not the place for an associate to have input on the accepting

the rejecting of clients. But this company helps promote apartheid. And I'd

big problems being associated with them.

Well, Jonathan, I don't know anything about Anderson's connections in South

Africa or where they invest.

I do.

Has this company, to your knowledge, ever done anything illegal? No, but they

have repeatedly violated the spirit of Congress's economic sanctions by finding

loopholes to keep importing South African products.

Leland, they have at least indirectly supported a government based on white

supremacy. I just don't see how we can attach ourselves to any client who could

attach themselves to that.

If you really want to make an issue...

I'll take it to the partners.

But I gotta tell you, this is a major client.

I want to make it an issue.

There are

five

separate grounds, each individually warranting a new trial.

The first...

concerns the DNA test which were used to establish Earl Williams at the scene of

the crime.

Now, the technology... An eyewitness also put your client at the scene,

That idea was shaky at best, Your Honor. The DNA identification conclusively

established it, and that technology was recently shown to be suspect.

You can't expect this court to make scientific findings on the basis of

appellate briefs and oral arguments.

No. I do expect the court to take judicial notice, however, of the lack of

uniformity within the scientific community concerning the reliability of

testing. Don't get snide, Mike. You'll just put him off. Well, I think we can

stick to the format here, okay?

The second ground gives the trial court abuse of discretion in failing to reopen

the case.

to admit newly discovered evidence. That would be the eyewitness testimony of

Philip Michael Holden? That's correct. Mr. Holden saw a black by the name of

Ronald Sewell coming out of Nina Corey's apartment building at the time of the

murder. Now, had the jury been allowed to hear this evidence... This witness

a convicted drug dealer who decided to come forth with his testimony in

for your professional services. Would that be right?

Yes, it would. And the trial court conducted an evidentiary hearing to

the credibility of this witness, after which the judge deemed him to be

unreliable. Isn't that right, counsel? Yeah, that's correct.

And you're asking us to substitute our judgment for the trial judge who

to him and had opportunity to weigh his credibility?

What you don't understand is that the jury should have the opportunity to

that credibility.

Well, time out.

I don't think that you should ever tell a Supreme Court justice that he doesn't

understand. You should blame yourself for failing to make... Wait a minute.

Could we just do this, please?

Mike, demeanor counts.

Yes, it does.

What also counts is evidence of domestic violence introduced by the DA.

Evidence which was prejudicial. What also counts was unfair surprise and the

tactics of the DA. Now, those are the important issues here, and that's what

should be asking me these questions about. What? You're going to tell the

what questions to ask? No.

I'm telling you, Douglas, because I don't want this to become a waste of my

time. I want to be fully prepared tomorrow. I think we should stick to the

forum. Yeah.

Mr. Cusack, isn't it possible that your client is guilty?

That's a stupid question, Douglas.

Hey, you know... No, no, I know.

I'm not supposed to insult Supreme Court justices. Well, thank you all very much

for your help.

I really think that I would be better served by preparing for this on my own.

I don't think it was a stupid question.

You've been divorced for three years, Al.

Why'd you first decide to sell this video now?

You want to know why?

About a month ago, a mutual friend of ours got married.

Rochelle was there with this guy, tall, handsome, athletic -looking guy.

I'm going to be a grown -up if I go up and I say hello. She says, uh, Colin,

this is my friend Al.

My friend.

Not my ex -husband.

Not the man I slept with for six years. Not the man I stabbed through the heart.

Her friend.

Right.

Well, whatever your reasons, you stand to make a lot of money off this video.

Great. Now, she knew that you were making it, right?

Of course she knew.

Whenever I took pictures of her, she always knew. So she knows the tape

that it was a marital asset, and now it belongs to you. She'd say to me, Al,

what should I read?

I'd go out and buy her books.

I mean the great books, Dreiser, Farrell, Tolstoy. She'd say, Al, what

see? I'd take her out to foreign films, Rossellini, Budovkin.

It's always sad when a relationship ends. And the only time I see her now is

the evening news. She stares out at me like some ice queen from the frigid

reaches of the north. Another one of the great unattainables.

I attained her, though.

She can't deny that.

She can't deny that.

I'm going to have to see this, of course, to prepare for the hearing.

night at the opera, she was there. Norman Mailer's birthday party, she was

there. Picture -taking sessions with the Pope, she was there.

Where was I?

Probably home watching the news.

I wish I could laugh about it.

I wish I could chalk it up as another one of life's little detours. I can't.

Every day a little piece of me dies.

I'll listen to me for a second.

This isn't only between you and her.

The network's gonna fight tooth and nail to keep this video from going public.

Yeah? Oh, you bet.

They know that next to Jane Polly, there's no other newscaster people would

rather see naked. Maybe Diane Sawyer.

I'm ready, believe me.

All right.

My friend Al.

Let her call me a friend now.

she were guilty.

What?

If he'd done it, then this would all be his fault.

But he didn't do it. That makes it all my fault.

It's not your fault, Michael.

I don't remember ever being this scared before.

Maybe before my first trial 15 years ago.

I can only guess how Earl feels right now.

When I was in law school, I used to date her about this.

You know, about having a big murder case where everything was on the line.

I thought it would make me feel strong.

Judge Henderson, by all accounts, is the most influential up there, so if he

asks a question, make sure you answer it.

Connolly's considered the lightweight, so if you have to duck him at all, it's

not going to be fatal.

Okay, did you file that supplemental list of authorities yet?

Yeah, yesterday.

Good. Victor, I'm not really following your index on the trial transcripts. Oh,

okay. This is witness.

This column is a statement made of subject matter coverage.

Indicates the page number.

It's right here in the kitchen, whether it was across or direct.

You think I'm going to be able to decipher these little symbols in the

oral argument? I'm going to be there deciphering it for you. Oh, yeah, but

if I have to reference something really fast? I only have 45 minutes up there.

I'm not chopping at you, Mike. I'm not chopping at you, Victor.

I'm not chopping at you. Chopping at me, and I don't like it, especially since

I've been... Victor, this is a death penalty case, all right? A man's life is

the line here. I know, and it's all hanging on you, and you're starting to

afraid. But, Mike, if you start snapping at those judges the way you did at us

in moot court, they're not going to be listening to you for very long.

I'm sorry. I just... I'm a little overanxious here, and I just want to get

done.

I'm sorry.

What issue are you going to be leading?

Prosecutorial misconduct.

You mean you're going after Flanny?

Yep.

Unfair surprise.

She sprung that semen evident to try without even telling me first, and I'm

going to nail her for that.

Hmm.

What about abuse of discretion? I mean, that's viable too. No, Douglas was right

on that. The judges would never substitute their judgment on that.

If I'm going to win this, I'm going to have to take Margaret down.

Think you can?

We'll find out, won't we?

I don't want to lose your case, Victor.

I don't know what I'd do if I lost this case.

Anderson Industries is a law -abiding corporation.

It does extensive charity work. It is a company with a first -rate reputation.

Which also has ties to South Africa. You couldn't find a major law firm in this

country that doesn't have at least one client with the same kind of ties.

I don't believe that. Look.

Let's deal with one precedent at a time, shall we?

Are we really going to let an associate dictate to us what entities we will or

will not accept as clients?

N -O.

It's not just an associate who's objecting. I'm a partner, and I don't

You didn't seem to mind yesterday.

Because I didn't know their history yesterday.

And why didn't you know? I'll tell you why. Because it is not the practice of

this firm to do policy checks on its clients.

It is not the practice of this firm to scrutinize the political identities of

the people who pay our fees. Well, maybe it should be. Why? Because this

particular client happens to be mine?

All right, now. Because this particular client has dealings with the most racist

government on the face of the earth. This is a political question, Ann.

Abortion is a political question, Douglas. We had to drop my client

political question.

That was office politics. Completely different. And that's crap. It isn't

We cut your abortion client because siding with her would have made us

Siding with Anderson Industries would make us richer, and that's the only kind

of politics we can afford to play here. We're sinking a hell of a lot lower than

the bottom line if we take this client, Douglas.

Come on, Stuart, don't. They support South Africa, Rosalind. You're talking

about a government that suppresses the majority of its citizens.

That's repugnant. And if it's not repugnant to Anderson Industries, I

to have anything to do with them. Fine.

then I want complete bios and cross -checks done on every client so we can

to implement this new policy of moral judgment. That's ridiculous.

No, I'll tell you what's ridiculous.

A law firm that throws away $300 ,000 defending a murderer and appealing his

conviction and then turns down a potential $2 million a year client

don't like the politics of some of the folks it does business with. That's

ridiculous. All right, we've heard enough. Let's put the damn thing to a

Arnold votes yes by proxy.

Michael votes no.

I'm a yes.

Me too.

I'm a no.

And I vote no. Three to three, Leland.

You decide.

I vote yes. We take this client. This meeting is adjourned.

In 23 years of practice, Your Honor, I've never been as outraged as I am at

moment. This woman stands to have her entire career ruined because that man

wants to take moments of intimacy between a husband and wife and make them

pornography. Your Honor, the tape is what it is. My client is not making it

anything. He is making it public, Mr. Becker.

And I have agreed to seal this courtroom for the reason that to reveal the very

existence of this tape could cause...

irreparable damage.

Your Honor, that's exactly what Mr. Vogel wants to do. His venom and

spitefulness for his former wife were matched only by his greed.

Your Honor, that's just nonsense. The property settlement between these two

people itemizes everything that goes to Miss Peters. It gives all rights in the

remainder to my clients.

Mr. Becker, is there any indication that Miss Peters would have knowingly

authorized the distribution of this tape?

My client's an accomplished photographer. He took a great many

wife. In each case, she authorized their use. Mr. Becker, we're not talking

about photographs here. We're talking about videotaped footage of marital

Without getting overly graphic, gentlemen, can you give me a sense of

this tape?

Several variations of coitus.

Compared to what's out there, it's pretty wholesome stuff.

It won't be any too wholesome when some guy's standing in a plywood booth

slamming quarters into the damn thing to see it. This would be intended for the

home video market only.

Okay, I have heard enough.

Mr. Becker, your client isn't joined from exhibiting this tape commercially.

Miss Peters retains the right to determine how her name and likeness are

used. Nothing in this divorce agreement anticipated this.

Nothing in it.

gives him the right to do it. Your Honor, we also requested that Mr. Vogel

over all extra copies now under his control.

That I cannot order.

The agreement clearly grants all possession of the tape to Mr. Vogel, and

simply don't have the authority to supersede it. What about private

for 50 or 60 of his closest friends?

Your Honor, what's going to happen when this tape starts to circulate privately

among friends, party to party?

That's not going to happen. Please, Mr. Becker, who among us has not seen the

Rob Lowe tape?

Anyone? Anyone?

Listen, I have done all I can do.

And in fact, given my relationship with Mr. Becker's firm, I may well be forced

to recuse myself before this matter comes to trial. Which, by the way, would

just fine with me.

May it please the court, I'm Michael Kudak, appearing for the appellant, Earl

Williams.

Contained in my papers is an overview of the case.

as well as specific grounds which mandate a reversal in my client's

Today, I would like to focus on the most compelling of those grounds, the

prosecutorial misconduct of Margaret Flanagan. I don't mean to cut you off at

the jump, counsel, but this court is generally suspect of that particular

Are you sure that's where you want to steer us?

I'm exactly sure.

Margaret Flanagan's conduct in this trial was reprehensible. It was

It was a breach of her duty to act as an officer of the court, and it is the

reason why an innocent man is sitting on death row.

I assume you're referring to the DNA evidence which placed your client's

on the victim's bed?

That's correct, Your Honor.

The district attorney had an obligation to disclose that information to me and

to the court prior to the trial. She did not. But according to the record, Miss

Flanagan herself got this evidence at the last second.

There's no evidence that she willfully concealed anything. And the judge

you a continuance to give you time, and you declined.

First of all, the record will show that she got the evidence from the lab on the

eve of the trial.

She sprung it in court three days into the trial. That gave her two days to

inform me, which she didn't. That makes her conduct willful.

As for my refusing the continuance, the damage had already been done.

How so?

Had I known what she had...

as I was entitled to under Walker v. Superior Court, I would never have

that my client was having a sexual relationship with Nina Corey.

I also would never have denied that he was in her apartment on the night she

murdered. In other words, you never would have lied to the court if you knew

you'd be caught.

I didn't know my client was having an affair with the victim. It was a

to me as well.

Earl Williams did lie.

I'm not making excuses for that. But had I known he was lying, and I would have,

had she followed the law...

I would have stopped him from using it. I'm sorry.

I'm not sure I understand the harm.

Everything she introduced at the trial, your client admitted himself once he

took the stand.

The harm is that he was portrayed as a liar.

Because he was a liar.

He told one lie, yes.

But what I'm saying, Your Honor, is that had I known about her DNA evidence, I

would have known he was lying.

As a good attorney, I would have counseled him not to lie.

The jury would never have perceived him as dishonest, and without that

perception, Earl Williams would have been acquitted.

Sounds a little meandering to me, Mr. Cusack.

Then let me make it more clear.

She had two linchpins in her case.

The circumstantial evidence that placed Earl Williams at the scene of the crime,

at the time of the murder, and the evidence of his dishonesty.

Had the district attorney complied with the law, I would have kept the second

part of her case out.

That means that she would have been left trying to prove murder beyond a

reasonable doubt with nothing more than circumstantial evidence.

And that's why she withheld it, to give herself something that she otherwise

would not have had.

She fights hard.

She fights to win. I understand that. But if you are going to put someone on

death row, if you are going to send a human being to the gas chamber, you

at least follow the rules and obey the law.

Margaret Flanagan didn't.

Quarter of a million dollars, Al. That's more money than you would have made in

the porno business.

Not interested.

Right. What you're interested in is seeing this woman hurt, huh? What is it

hurts, Rochelle?

The fact that there's a photographic record of us having gone to bed?

No, the fact that you would show it to people.

All right.

Let's cut through the psychodrama, shall we?

Now, what's it going to take, Mr. Vogel? Putting a dollar figure on something

like this is impossible.

Well, let's try.

1 .2 million structured over 18 months, 400 ,000 due immediately.

That's outrageous.

Is it?

Your biggest fear, and you can correct me if I'm wrong, Kevin, is that

Rochelle's sexual hijinks will destroy her credibility.

That's right, Mr. Becker. That's just what we don't want to see happen.

Thousands of tapes circulating around the country, people watching them in

at frat parties, running gags in Johnny Carson's monologue.

Half a million.

You spend over 10 million a year just promoting her, protecting her Q rating.

You're telling me that half a million is all that's worth? Make it a million.

Point two.

Okay. I don't want to sell it.

What?

Excuse me, Al. No deal.

Al, there's a terrific deal to be made here. I said no.

I don't understand this.

You hear anything yet?

Nothing. I mean, I know they met on it, but that's all I know.

I sure as hell don't want to be out of work.

But if they take that client, I've got no other choice.

What do you mean?

I couldn't stay here, Diana. Could you?

Yeah.

I'm not quitting. That company supports South Africa. How could you possibly

stay here?

How could Michael Kuzak stay?

How could Ann Kelsey stay?

Are you kidding me?

No, I'm not kidding you, Jonathan. Are you kidding me?

You think because we're black, we've got the exclusive on outrage here?

With apartheid, we've certainly got a priority, yes.

Did it ever occur to you that your quitting would accomplish nothing?

Did it ever occur to you that by staying, maybe you could help influence

Anderson Industries, maybe even convince them to change? What's this, the

Sullivan principle? Look, baby, you don't want to lose your job, fine. Just

so, but don't start feeling... That's right! I don't want to lose my job!

I can't afford to. I'm already about $20 ,000 in debt in student loans.

This job is also my best career opportunity, and I shouldn't have to

just because you're having a little spasm of black guilt. You don't want to

quit.

Don't quit.

Just stay here and represent racists.

Maybe you're the racist.

No, you're the one making assumptions about my feelings on the basis of skin

color. No.

The assumptions I made...

were based on what I thought I knew about you.

If I was wrong, I was wrong and I apologize.

Mr. Cusack has exhausted every avenue.

each one more desperate than the next. The record shows he offered free

professional services to entice a new eyewitness to testify in the hope of

reopening the trial.

That failed.

Now he's here today claiming prosecutorial misconduct.

Why didn't you tell him about your DNA evidence?

As I've maintained before, Your Honor, I didn't get those results until the very

last moment.

Perhaps I was careless in not making sure of his notice, but...

I certainly didn't conceal anything.

Forgive me, Miss Flanagan, but that evidence was a bombshell and you knew

Do you expect us to believe you failed to alert defense counsel because it

slipped your mind?

I expect the court to take judicial notice of my reputation and know that

nondisclosure was not willful. I also expect the court to recognize that Mr.

Cusack knew my strategy, Your Honor. He knew I would be attempting to prove this

sexual relationship.

We offered a continuance if he felt prejudiced by the surprise.

He didn't want it because he wasn't prejudiced. It's possible Mr. Cusack

have prevented his client from looking like a liar before the jury.

I suppose that is possible, Your Honor.

But Earl Williams was, in fact, a liar.

Are we really saying that the interests of justice have been contravened here

because the jury got the right impression?

Let's face it.

Mr. Cusack is asking for a new trial today because the jury was exposed to

truth. No, he's asking for a new trial because you failed to disclose physical

evidence to him, which you are required to do under Walker v.

Superior Court. Had Mr.

Cusack known of the DNA evidence beforehand, his client would have simply

the truth sooner rather than later.

That's not a distinction which justifies overturning a verdict which 12 members

found to be fully supported by the facts.

Earl Williams is on death row because he murdered a young woman, not because his

lawyer was caught off guard.

Mrs. Flanagan, I've been through the transcripts and I've taken note of your

propensity to inject your own personal feelings into this case, which you know

is not proper.

If you're asking me, did I conceal my personal disgust for Earl Williams?

No, I probably didn't. I went after Earl Williams for that. I went after him

hard.

But am I guilty of misconduct?

It was Michael Cusack who was held in contempt, not I.

It was Michael Cusack who was jailed for ex parte abuse, not I.

It was Michael Cusack who shouted inadmissible evidence at a jury after

trial judge disallowed it. He was a desperate attorney doing his job.

What he refuses to understand is I was simply doing mine.

Oh, my God.

I don't understand how he can show this to people.

He's a strange fella.

Are you sure it's her?

I can't really tell.

Turn over.

It's her.

Wow.

She is cavorting with particular abandon.

Arnie, Al's here.

Taking a look at it? No, hey, don't stop on my account. No, we're nearly done.

No, no, it's okay.

You haven't even gotten to the good part yet.

Really? I'm Al Vogel, by the way. Douglas Brockman. Hi, Stuart Markowitz.

Pleased to meet you.

She's something, isn't she?

Very nice.

Arnie, she called me this morning.

She wants to drop by and talk. I guess I should have expected that, right?

She's not about to just give up, Al. Hell no, I'm looking forward to watching

her squirm.

You like that?

I like it.

You do like it, don't you? I do, I do.

Oh, is that what you want to do?

The partners considered your concerns this morning very seriously, I might

and after weighing everything.

We elected to accept Anderson Industries as a client.

I know that disappoints you.

Yes, it does.

If you choose not to do any work for this client personally, I will honor

decision. Oh, for God's sake.

Listen, don't pick... I'm sorry, Jonathan.

I don't think I can work here anymore, Leland. No, no, that is rash, and you

know it. Yeah, well, maybe it's time for me to be rash.

I'm a rich boy, Leland.

I had everything.

Everything.

It was easy to forget I was black, and that's exactly what I did.

You think because you're black, you have an obligation to sample oppression?

When I was at Harvard, they had protests going on all the time over apartheid

and divestitures.

See, I was always too busy studying to take part.

So what I do after I graduate, I get a job here at a downtown corporate law

firm, go for the paycheck.

Thing is, I never knew it was a firm that could represent people who helped

finance South Africa.

Someday you'll probably head up your own firm, Jonathan.

And you'll see, it gets complicated.

Sometimes you just have to compromise.

No, you always struck me as a man who didn't.

When you found out your bank was engaging in redlining, you closed all

accounts. You refused to join your own father's club because they wouldn't

Jews. You, Leland, refused to represent slumlords. You refused to represent

union busters. Hell, Leland, why can't you refuse now?

Because it was put to a partnership vote.

I took your concerns to the partners, and it was voted on.

Which way did you vote?

Leland?

I'm entitled to my own position, Jonathan, just as you're entitled to

The problem is you agree with me on this one.

And you still voted the way you did.

Hi, Rochelle.

Where's your attorney?

I didn't want him here.

Mine stays.

Fine.

So what do you want?

I want to know why you've come to hate me this much. If I didn't have this

videotape, you think you'd care?

You know, maybe I should leave you. No, I don't want to be alone with her. Her

lawyer probably sent her here to get me to say something that they can use.

Al, why do you think I made that tape?

I don't know.

Maybe you were bombed. I made it because I knew it thrilled you.

Great.

Sex is charity.

It also thrilled me.

More charity.

Look at me, Al.

I could be a little girl with you.

I could be a goofball with you.

Or I could be wanton and lewd.

I could be anything.

And you protected me.

Yeah.

So what? Why aren't you protecting me now?

Because I'm not your protector.

I'm your friend.

Isn't that what you introduced me as?

Your friend?

What do you want, Al?

What do I want?

I want to be your husband.

I want you to be my wife.

It's not going to happen.

No matter how much you want it.

It was once, but it's not going to happen again.

No.

No.

Great.

Then prepare to star in the masturbatory fantasies of millions.

Let me tell you something, Al.

Making that tape was one thing, but releasing it is something else.

Will I be mortified? Yes.

In the end, though, all that it proves is that I made love to my husband.

What it says about you is that you're sick and you're mean.

It's not what you used to be, Al.

It's what you've become.

Isn't she a pistol?

Al. What?

Don't do it.

Now you're going to start.

There is a line, even in my business, and I think you're crossing it.

Can she win in court? I think she can. I think she can also see you for damages.

That's another conversation.

What I'm saying to you right now is that you're wrong.

I'm out.

Then I'll get another lawyer.

Look, you're wounded, Al. I understand this. She ripped your insides out. I go

to sleep thinking about her. I wake up thinking about her. Not one of us who

hasn't been there.

And what am I supposed to do? Just tough it out? That's exactly what you do. You

face it down as much as it hurts inside, as much as it rips at your gut.

You just grit your teeth and you wait for it to pass.

And what makes you think it will?

Because it always does.

You just have to give it time.

On the other hand, if you insist on this pathetic act of spite, you may very

well never live it down.

Leave it with me.

Messenger it over this afternoon.

Right.

And that'll be that.

Mr. Cusack, the court has decided not to entertain your rebuttal.

If it pleases the court, I would respectfully ask... Counsel, it would

the court if you take your seat.

All of us have reviewed the transcripts on this case with a great deal of

scrutiny, and we unanimously agree that this was an extremely balanced and close

trial. In fact, it could be argued that on the record...

The defendant appeared to have established a reasonable doubt.

The jury obviously found otherwise, which was certainly within their

But it cannot be disputed that the prosecutor's ability to establish the

defendant as a liar played an integral part in her ability to secure a

conviction, and it is likely that the district attorney never would have been

able to do this had she properly advised defense counsel of the card she was

holding.

Now it is our custom to go into session and issue written opinions.

But since our respective positions are so clearly unanimous in this instance,

and since justice delayed in some cases amounts to justice denied, we are ruling

now. The surprise DNA evidence prejudiced the defendant's right to a

under the United States Constitution.

Accordingly, we hereby set aside the verdict and the death penalty.

and order a new trial to be scheduled immediately.

Oh, God.

Thank God.

This matter is remanded to Superior Court for retrial.

Thank you, Mr. Cusack and Miss Flanagan.

We're adjourned.

I know someone we have to call.

What's this I hear about you changing your mind?

Well, I had a talk with Jonathan, after which I decided he was right. This firm

should not be representing that client. For God's sake, Leland.

Anderson Industries could increase our yearly revenues by almost 35%. I am

of that, Rosalind. I didn't say it was an easy decision.

Well, you're obviously so prone to vacillating over this. Let me ask you to

reconsider again.

Nope. The decision is made.

That's the end of it.

This firm has a far bigger problem than I ever realized.

Well, there'll be other big clients, Rosalind. I'm not talking about clients

right now. I'm talking about the senior partner.

I'm talking about somebody who can't make a hard decision when he needs to

because he's too afraid of risking his popularity.

What the hell is it with you?

Do you thrive on picking fights?

I thrive because I'm not afraid of them.

This isn't a country club, Leland, where you get to be the golf pro.

It's a tough business, and any firm, if it wants to get ahead, needs a strong

leader. I have been running this firm for 25 years, and I don't need you to

in here and tell me how I... You are running it into the ground, which is why

you brought me in, to save you.

Well, I can't save you from yourself.

I can't help you if you are going to exalt your sense of altruism to this

of fiscal blindness. If you're not happy, Roz, you can leave through the

door you came in. Believe it or not, I do care about this place.

That's why I came in here fighting right now. Fine.

Well, this fight you lose.

The decision stands.

We don't take that client.

Are we clear?

Oh, yeah.

It's all becoming very clear.

Criminal complaint number 89 -7053, People v.

Earl Williams.

Margaret Flanagan for the People, Your Honor.

As you know, the defendant's conviction was overturned yesterday by the Supreme

Court of California.

We've refiled our complaint, and the People ask that a new trial be scheduled

soon as possible.

Michael Kuzak for the defendant. Petition for leave to file a motion to

the complaint, as well as a motion to suppress the DNA evidence of the

prosecution. I'll hear your motions next Tuesday at 10.

Penitent trial date for the first week in April.

Seek bail modification, Your Honor.

Denied. Same bail.

Your Honor, I'll also be seeking a court order to instruct the Los Angeles

police to locate and detain Mr. Ronald Sewell.

Excuse me?

Mr. Sewell, more commonly known as Pinto, was the man seen leaving the

scene by my witness, Philip Michael Holden, which witness you found to be

unreliable. Upon information and belief, Mr. Sewell has recently been seen in

the area, and the interests of justice would mandate that he be picked up for

questioning. Mr. Sewell is not a suspect, Your Honor. We're satisfied

man who killed Nina Corey is right there.

I can't tell the police who to pick up, Mr. Cusack.

If they don't consider this Mr.

Sewell to be a suspect, I'm certainly not ordering them to do so. He's

a flight risk, Your Honor. If we don't pick him up, then... I'm sorry, but

that's not within my authority.

Trial date for the first week of April.

I'll see both of you here next week on the motion to dismiss.

That's all.

Well, we're back in the running, Earl. Thank you, Michael.

I've got to see some people.

Obviously, we're very disappointed.

It's a very sad day when a murderer's conviction is overturned on a

technicality. But I assure the people, this office is dedicated to keeping Earl

Williams in prison.

It's the Saturday when district attorneys disregard the laws they were

to uphold.

If there's any public disgust here, it should be directed at Margaret Flanagan.

You want to try this in the media, Margaret? So why?

I can play the same game as you.

I have no further comments. I'll see you in court, Margaret.

No further comments.

Mr. Cusack, I'm Johnny Kale. We spoke on the phone.

Right. Thanks for meeting me here.

Ronald Sewell, street name Pinto. Last seen around Olympic Grand, but he could

be anywhere.

I want you to find out where he lives and search it. Right.

Most of all, I want him.

When you find him, I want you to set up a meeting.

You're asking us to hold him against his will, sir?

Absolutely not.

We'll get him for you, counselor.

Good.