Original subtitles

I had a good time last night. How about you?

You want some coffee, Debbie?

What's the matter?

Nothing.

What do you mean, nothing?

It was a mistake.

What? Last night.

Why?

It just was.

Can't fault the guy for trying.

I didn't know anybody at the party. And all of a sudden, there he was.

The first time I'd seen him, we were divorced. We started to talk.

You should have left the second you saw him. I know. I know.

So how'd he end up spending the night?

You know how charming he can be.

I guess I was feeling a little lonely and... Hey, just don't be hard on

yourself, Beth. What happened, happened.

You know what your real problem is?

You're too isolated.

You need to get out more. Meet some new people. Take up skydiving.

Skydiving.

Okay. Wind surfing.

Just have some fun for a change.

I started my French classes.

I have my second lesson tonight.

Well, that's great.

That's a positive step.

Anything interesting?

Morning. I had a 10 o 'clock meeting on the Selby Lane account. How are we doing

with the new animation?

They promised it by Friday. Lean on them. Selby people are getting very

Sandy, I just heard about Lisa.

Sounds like a great opportunity.

Did you have any idea she was planning to leave?

Not this soon.

I guess you know I'd like to be considered.

You will be. I just told JW I want to fill the job from within.

But that's another discussion for another day.

Mind if I join you?

No.

I was thinking of going to Paris this summer, so I thought I'd better learn a

little French.

How about you?

I figured this would be a good class to meet some men.

Speaking of the devil.

Bonsoir, mademoiselle.

Bonsoir, monsieur.

What looks good tonight?

They've got a fish special, but it... I think I'll stick with the fruit, too.

Can I get anybody anything?

No, thanks.

What do you think of him?

He's cute.

Repeat after me.

What

did

he say?

May I have a glass of juice?

No, no, no, that's what I said.

But the word for juice is jus.

Elizabeth pronounced it as jupe.

So what she really asked for was a glass of skirt.

Please, do not be embarrassed. We're here to learn, and to learn we must make

mistakes.

Elizabeth!

Car trouble.

No, I always take the bus.

That way I avoid the hassle of parking. Hop in. I'll give you a lift. No, it's

okay. Really.

It would be my pleasure, mademoiselle.

You still hungry? I know a great little French bistro just opened up.

Really? I can't. I'm not going to take no for an answer.

D 'accord.

Trillium?

I started out as a photographer, but the travel finally got to me.

Well, that must have been quite an adjustment, getting into management.

Working in an office every day?

It was, but I kind of like it now.

Our creative director just resigned.

That's the job I really want.

And you'll get it.

We'll see.

So tell me about yourself. Are you married?

Single?

Celibate?

Divorce.

You have a very pretty smile.

I'm a dentist.

Really? No, I'm an attorney.

What do you call 500 lawyers at the bottom of the ocean?

Very good start.

Would you like some more?

No, I think we've had quite enough.

Too much, in fact.

May I tell you about our dessert specials this evening?

We have to go.

We'll just take a check, thank you.

Oh, gosh.

What's the matter? I left a few important papers at the office. Would

if we just phoned by? Oh, it's getting late. It's just a few blocks from here.

We'll be in and out in a minute.

Superflay, mademoiselle.

Thank you. Ma 'am.

It's a very special piece of you.

Well, we don't do it too badly.

Do you select anything else? I do.

Thank you.

Have a seat.

You have any lights in here? I'll be with you in a minute.

What are you doing?

May I have this dance, mademoiselle?

S 'il vous plaît.

No, come on. Fun's fun. Why don't you put your pants back on? My pants? No.

jupe, mademoiselle. Your jupe. What are you talking about? Your jupe. Your

skirt. Don't tell me you've forgotten me. Lesson, all right?

No, no, no.

No, no, no.

What?

No. No, please. Let me go.

No. No. No, you're wrong.

No.

No.

No. No.

No. No. No.

We know what you really want.

I gotta scream!

What was the sound for, anyway?

It makes me very angry.

It makes me very angry.

When I get angry, I get really nasty.

You know what I mean?

Doctor!

They must turn the air overnight.

Oh, you want to talk about heat?

I once worked in Phoenix.

I was in... Incredible.

In the summer, you could really fry an egg on the hood of a car.

Not really.

I saw people do it on the hood of a car.

Mademoiselle.

Yes, I was just raped

Just raped

I'm in a phone booth

a block from my home.

I didn't want him to know where I really live

I can't wait here.

Okay. We'll take your police office to your home, but you're going to have to

give me your address.

224 Calypso Drive.

Hey, what's the matter?

You okay?

Don't touch me.

Don't touch me. Don't touch me.

Will this take long?

Between my interview here and your exam, it'll be a couple hours.

I know this may seem like another intrusion or a lot of red tape. But

this could mean the difference between conviction and an acquittal.

I'm sorry, this is all... Hey, please, there's no reason to apologize.

Sergeant, I guess his job is to gather information. He'll be asking you a lot

questions.

Some of them may be very difficult to answer.

Right this way.

May I please have your full name?

Elizabeth Ann.

Early. Okay.

And I already have your address.

What about my name? They won't put it in the paper, will they? No. The press has

a code on this. They'll protect you.

I still can't believe this happened.

I feel like I was just hit by a train.

Well, then why don't we take it from the very beginning?

You said he wore a condom.

Yes. When was your last menstrual period?

I don't know.

Two weeks ago.

Did you have consenting intercourse within the last 72 hours?

Did you have sex with anybody else in the last couple of days?

you

I slept on the couch last night with all the lights on.

The only person I've told is my sister.

I called her.

She lives in Chicago.

She wanted to fly right out, but I said no.

Her little girl's been very sick.

She's got her own problems.

Did you feel better talking about it with your sister?

At first.

And then I feel dirty.

Because you feel somehow responsible?

How could I have been so gullible?

I should have known when I didn't turn around.

Wasn't he a perfect gentleman up until that point?

He's the one that changed the rules, not you.

You guys are real sicko.

Sergeant Agus, I'm Martin Knapik. Mr. Knapik, I have a warrant for your arrest

for the forcible rape last night of Elizabeth Early.

What? Your car is being impounded. We also have a warrant to search these

premises. Wait, wait, wait, wait, wait, wait. What is it? Some kind of practical

joke? What, are you an actor?

One of those hidden video things or something? Would you please place your

behind your back? Hey, now look, this joke has gone far enough. What's going

here? You have the right to remain silent. Would you please... Give up that

right. This is absolutely crazy.

You have the right to speak with an attorney. I am an attorney.

You're the one that's going to need an attorney. You can call yourself from the

station.

Doris has only been with the DA for a couple of years.

She's got a hell of a conviction record.

Rumor has it she wants to be a judge.

Doris Cantore, this is Elizabeth Early.

Hello, hello.

Everybody calls me Beth. Beth?

Sorry, the office is such a mess, but now make yourself comfortable. All

You like that?

Lovely.

It's simple.

Now, Beth...

It is very important that we be totally honest with each other.

I never want you to have to come back to me and say, why didn't you tell me

that?

Nor do I want to have to do that with you.

Fine. If I file this case, it's going to be one hell of an uphill fight.

If?

I thought he was in jail.

Well, he's been arrested, but he hasn't been formally charged.

He's already out on bail. He's probably back at work.

We have a defendant here who has one hell of a lot going for him. Are you

he's going to get off?

No, I'm saying that the system is tilted in his favor.

His defense is going to be that you wanted to have sex with him and he was

too happy to oblige.

But that's not true.

Well, what is true?

You lied about having sex with someone else.

You told the ER doctor you didn't, but semen was found during the examination.

A lie like that can destroy your case.

It becomes a hurdle that the jury can never get over.

Am I on trial here?

Yes.

Yes. It will be your word against his.

You think I made this all up?

Why did you lie?

It was my ex -husband.

Why did you lie?

Because. Because why?

Because I was ashamed of what people might think.

Look, I went to have a drink with what I thought was a nice man.

Who turned into a monster. I didn't ask to be humiliated and degraded.

I was raped.

You don't believe that?

Yes, I do.

I do.

And I will do everything in my power to see that man is convicted.

Lady, I forgot your package.

I went out with her once.

She's crazy.

What are you doing here? I just wanted to hear what they're going to say. We

know what he's going to say. You shouldn't be here.

But you said... I said...

that it was an open hearing, and that you had a right to be here, but that it

was a bad idea.

Why don't you get out of there? I'm not trying to be difficult. I can't get out

of it. I just feel like she's got me. There's a lot of stuff on my calendar

today. Come on, let's go.

You know how I feel?

It's your decision.

All right.

Yeah, I'm going. Hannah Condon presiding.

Please be seated.

Mr. Navick, you have been charged with one count of forcible rape. What's your

response to this charge?

Not guilty, Your Honor.

Well, now we have the people's motion for revocation of bail.

In addition to the violent nature of this crime and the fact that most

are repeat offenders, the defendant has harassed Miss Early on two separate

occasions. Now, that is a total lie, Your Honor. It's not true. Excuse me,

excuse me, Mr. Navick.

Were you planning to defend yourself at this trial?

Uh, no, Your Honor.

But I have practiced criminal law for a number of years, and I do intend to

assist in my own defense.

Assist is fine. This court will not entertain a chorus of voices speaking in

your behalf.

Your Honor, as my client started to say, the people's charges and the claims of

harassment are a total fabrication.

Mr. Knapik is a highly respected member of our legal community.

He is active in civic affairs and charitable organizations, and he

carry a full workload while trying to clear his good name of these outrageous

accusations.

Bail will remain at $25 ,000.

Your Honor, the people request a stay -away order prohibiting the defendant

any direct or indirect contact with the victim, Elizabeth Early.

Granted.

Defendants have hereby instructed that any violation of this order could result

in the immediate revocation of bail.

Your Honor, the defense also requests a stay -away order.

The truth is, my client is the one who continues to be harassed.

The alleged confrontation in the mall was initiated by Miss Early, and Mr.

Knapik has received a number of crank phone calls.

You all right?

I can't believe some of the things they said. They twisted everything.

Wait until the trial.

which you will attend only when you testify.

You should not have been there today.

All right, you were right and I was wrong.

I like to think that I know what I'm doing. But if you can't trust me, maybe

should find yourself another prosecutor.

I do trust you. Then please take my advice.

You don't have to hear or know about all their dirty tricks. That's my job.

I have to run.

Doris, I'm sorry it won't happen again.

Good.

How are you doing with the counseling?

I stopped going.

Those folks can make a real difference.

You know what it's like telling a complete stranger your most private

I sure do.

My wife and I spent a long time in therapy together.

She was raped, too.

Oh, sorry.

My ex -wife, I should say.

I was in homicide at the time, and she got jumped in a parking lot.

This animal had a ski mask on, so there was no way to even identify him.

Our marriage is pretty shaky anyway.

Never recovered.

Is that why you do this kind of work?

Day in and day out, it must be.

What, pretty depressing?

I'm a cop. That's what I do.

I mean, yeah, I can get pretty scuzzy out there, but I guess I'm still just a

Boy Scout at heart. I like to help people, nice people like you.

That's what the job is really all about.

I'm going to give you the best advice that I know.

No matter how bad things are, no matter how bad they may become,

Never, ever forget to feed the ducks.

You promise?

Promise.

Yeah, it was two weeks ago, Monday night.

We were sitting at that table, right over there.

No offense, but I serve a lot of people.

All tend to blur together.

Yeah.

Maybe this will help.

I left you a very nice tip. It's about 30%.

and you actually went out of your way to thank me for it.

Okay. Yeah, that was a nice tip.

Do you remember the lady I was with?

She was very pretty, dark curly hair, light green eyes.

She had had a little too much to drink, and you asked us if we wanted another

bottle of wine, and I said, no, I think we've had enough.

She was kind of in a hurry for us to leave together.

Yeah. Yeah, I remember that now. That's right.

Well, you're not going to believe what that bimbo turned around and did to me.

I should have put two and two together when he didn't turn the lights on. But

the time I realized what was happening, it was too late. He was all over me.

It was like Dr.

Jekyll and Mr. Hyde.

I tried to break away, and he grabbed me, and he pulled me down.

And he said he'd kill me if I didn't... I just needed

somebody to talk to.

You're the only man I could...

I'm glad you still feel that way.

We're still friends.

Of course we are.

Why would a man do something like this?

What were you wearing?

Believe me, I didn't ask for it. Didn't say you asked for it. What I'm saying is

that maybe he felt you gave him some mixed messages.

You said you didn't need a ride.

Then you went out to dinner with him. You said you'd wait in the car, and then

you went up to his office.

You're saying it was my fault? No. What are you saying? You said you wanted a

male perspective, and I'm just trying to... To justify what he did.

That's not why I came here. Damn it, Beth, will you stop this? No, I... I'm

sorry, maybe I'm overreacting, but I just can't... Just sit down, please.

Look, I gotta go.

I'm sorry that I bothered you.

Beth, would you come?

It's Beth.

Hi. Thank you for the roses. I really appreciate it.

I am sorry about last night.

Maybe I'm too sensitive.

Beth, I didn't send any roses.

I just thought... I'm sorry.

still love you.

Why is he so important?

He's what we call a fresh complaint.

Someone who saw you right after the rape can testify about how upset you were.

Something the matter you seem a bit off.

Yeah, we got thrown a little bit of a curveball this morning. That anonymous

love letter.

What about it?

Napik's claiming that you wrote it to yourself.

That I wrote.

He says it's obvious that it was typed on a portable, so he wants your machine

checked.

How does he know I have a portable? It's in my den. Does that mean he's been in

my house? Oh, God.

No, I doubt that's the case.

Then how did he know?

Is there a window in the den somebody could see in? Yes, there's a window.

What if he climbed in and he typed that note on my typewriter?

Now, let's not run away with this. He's way too smart to risk a break -in and

enter -in. Too smart? He's insane. You know what he's trying to do? He's trying

to drive me over the edge, and you have to stop him. We will stop him. Just

relax. I want police protection 24 hours a day.

I can't do that. Why not?

It's just not realistic.

That went perfect.

Not too heavy, and takes no prisoners.

You need protection. You don't want a toy.

Some crackhead breaks into your bedroom.

You want to make sure his next stop is the more of it.

How much is it?

By itself or with ammo and a couple of shooting lessons.

I guess everything.

I remember when my mother died, I used to come here every day and it gave me

strength. And I need strength now.

I need you to help me get through this.

Nobody can even imagine what I'm going through, and it's not their fault.

It's a nightmare.

I want to wake up, and I want to stop crying.

I feel like I'm all full of holes, and I just can't plug them up.

Our motion is to challenge the admissibility of the adult magazines

police search of my client's car.

These are hardcore pornographic magazines that glorify sexual violence

women. Your Honor, the people may wish to turn this trial into a debate over

definition of pornography, but the introduction of this evidence will only

to confuse the jury. Or enlighten them. The defendant's attitude towards women

is at the heart of this case.

I have to agree with the defense. This is improper character evidence.

Prejudicial value clearly outweighs the probative.

Shall we bring in the jury?

Yes, Your Honor.

How many rape cases have you investigated, Sergeant?

Over a hundred. Over a hundred.

And have many of them been so -called acquaintance rapes? Yes, ma 'am.

Did you find them to be as violent and traumatic as so -called stranger rapes?

In some respects, they're worse. Why is that?

When a woman says she's been raped by someone that she knows, people always

wonder if she's lying.

They always second -guess.

And the victim's whole sense of judgment is shattered.

How would you describe Elizabeth Early's demeanor when you first saw her?

She was very upset. She was quiet one minute, almost hysterical the next. She

was struggling to maintain her dignity.

In your professional judgment, was she telling the truth?

Objection, Your Honor. Absolutely.

Disdained.

The jury will disregard that answer.

In her denial, Miss Early lied to you.

You did find evidence of recent sexual activity prior to the alleged incident.

Did you not, Dr. Flores?

Yes.

No surprise of the perspective.

He won't risk it.

What about the surfer's phone? No luck yet, but Frank is still there looking.

Look, the most important thing is for you just to tell the truth. Try to

And don't be afraid to show some emotions, some feelings. Remember, the

your audience.

Try to win them over.

You okay?

Yes. Sure?

Yeah.

Did you try to talk him out of his advances? Did you try in any way to

him?

At first I thought he was kidding, but when I realized he wasn't, I tried to

away.

But he dragged me back.

I tried to scream, but he covered my mouth.

I begged him to let me go, but he said I wasn't in a position to ask for

anything and that he was giving the orders.

Let me go back to the hospital for one second.

What was your state of mind during your examination by Dr. Flores?

I was very upset, especially when they told me I had to be tested for AIDS.

You knew he was wearing a condom, but there was very little chance of your

contracting the disease.

I wasn't thinking straight. I just heard the word AIDS, and I panicked. You

panicked?

You were extremely upset.

Overwhelmed. That was your state of mind during the examination by Dr.

Flores? Yes. And that was your state of mind when Dr. Flores asked you about

your sexual activity in the previous 72 hours?

Yes.

Thank you.

You're single?

He's charming?

Successful? I don't have sex with men on the first date. So you do admit that

this was a date?

No, that's not what I meant.

How much wine did you have to drink that night?

A glass or two.

Were you intoxicated?

No. A little bit high?

No. But your waiter remembers you're drinking several glasses of wine. Do you

mean to say that all of that wine wouldn't make you even a little bit

Objection.

Argumentative. The witness already answered the question.

Sustained.

In your earlier testimony, you admitted that you lied about having consenting

sexual relations within 72 hours of this alleged incident.

You said that you lied out of a sense of shame that you were concerned about

what people would think of you. Is that correct?

Yes. And your consenting sex partner was your ex -husband, someone from whom you

had been legally divorced for over a year. Is that correct?

Yes. So you were ashamed you had sex with him and you lied.

Are you often ashamed after having sex?

Is that why you lied to the police about Martin Knapek, accusing him out of some

twisted sense of guilt of a rape which he did not commit? Objection!

I find it outrageous defense counsel would raise moral doubts about the

history of the witness.

Your Honor, I'm not trying to raise any moral doubts, but if our witness has a

psychological problem with sex... Sustained.

The jury is instructed to disregard the previous two questions.

Miss Finn.

I'd be very careful with this line of questioning.

I have no further questions, Your Honor.

He just kept staring at me. It made me so nervous I couldn't think straight.

Hey, you did fine.

I know Doris was disappointed.

She didn't think I was emotional enough. She wanted me to break down and cry,

but I couldn't. I couldn't give him the satisfaction of seeing me like that.

Believe me, you did just fine.

Just fine.

I hired Martin right out of law school.

And he's been a major asset to our firm ever since.

So you were shocked when he was arrested?

Beyond shocked.

It's inconceivable that a man of his character could have done something like

this.

And what did she say?

He's cute.

And what did you take that to mean?

That she found him attractive.

There was nothing about this man to be suspicious about.

It was personable, gracious, obviously successful.

Not the menacing stereotype of what a rapist should be.

But nice men do rape.

Especially men like Martin Napik.

Men who seek power and control over their victims through intimidation and

threats of bodily harm.

Men who see rape as a test of their own virility.

who convince themselves that when a woman screams no, she really means yes,

that once overpowered, she will submit gracefully and joyfully to his sexual

embrace.

That was not the case with Elizabeth Ann Early.

She said no, and she meant no.

And now, she will have to spend the rest of her life trying to forget the rage,

and the sexual brutality that she was subjected to.

He was acquitted.

A hung jury.

But they voted seven to five to convict him.

Seven to five?

The group of women on the jury, older women, who couldn't believe that a

professional man, a successful attorney, would have to rape a woman to have sex.

They voted five times. Nobody would budge.

The judge had no choice. She had to declare a mistrial.

What does that mean? We're back to square one.

We have to start all over again.

New judge, new jury.

Not again.

Beth, two out of three jurors voted for his conviction.

Or almost half thought I was guilty.

I can't. I'm not going to go through another trial. I'm not strong enough.

I can't take another four months of waiting and being picked apart on a

stand and forced to beg like a dog for simple justice.

Chances are they still won't convict him.

The problem was on the jury.

The next time we'll get him.

There's no next time.

I gotta put this behind me now.

I'm going to move away from here.

And start over.

I, uh... I can't go through this again.

You have to understand that.

Beth!

Oh,

Miss Cantore.

I know my attorney was planning to call you, but... Well, here we are.

You want to know if we plan to refile charges against you?

I'm a little curious.

What? No professional courtesy?

Not for you. Have your attorney call me.

Go.

Miss Early, I'm Kim Shimada from Channel 10. What is this? What are you doing

here? We'd like your reaction to Martin Abbott's news conference.

What news conference?

What are you talking about?

We have it on tape.

an unusual turn of events. A man accused of rape has filed a multi -million

dollar slander suit against his alleged victim.

Attorney Martin Knapek's trial for the acquaintance rape of advertising

executive Elizabeth Early ended yesterday in a hung jury.

Today, Knapek filed a ten million dollar malicious prosecution and libel suit

against her.

Well, if you really want to know,

it's been a living hell.

Everybody always talks about the victims in these cases. But I'm the real

victim. My reputation.

My professional lifeblood has been destroyed.

This woman must be held accountable for what she has done to me. You used my

name and you're not supposed to use my name.

I'm sorry, but that courtesy only applies in criminal cases. This is now a

matter. It's a different set of rules.

Rules, you people.

It's unbelievable.

Again, I'm sorry. I understand how you feel.

That's why it's important we get your point of view on this.

Do you want to know how I feel about this?

I feel like I've been raped again.

And again and again.

I don't know what you're trying to tell me.

I can refer you to some good attorneys, but much as I'd like to help, I can't

get directly involved.

It's all connected.

None of this would have happened if you and Frank hadn't convinced me to press

charges. Now you're going to leave me high and dry? Whether we refile criminal

charges or not is no longer my decision.

Why not?

It was the other day. No, that was your decision. You told me you couldn't go

through with another trial.

That's before I became the defendant.

If he's not convicted on criminal charges, I'm dead.

I'm not a wealthy woman. I could lose everything I own.

That's not going to happen.

How do you know?

Who could have imagined this would happen?

Yes.

I'll be right up.

It's the DA. He wants to see me about your case. Let me go with you. No, no,

I'll handle it.

Seven to five under normal circumstances is a tough call.

Throw in a bad witness? She is not a bad witness.

Well, I hear she is.

And then yesterday, you tell the press you're not going to refile. I did not

tell the press. I told Napik's attorney. It looked like we wouldn't refile.

Same thing. We refile now. We look indecisive, reactive.

The press will say we're trying to take sides on the slander. Can we forget

about the press for a second?

No, we can't. The fact is Martin Nappick raped this woman.

Are you sure? I'm positive.

Are you absolutely certain you can get a conviction?

You want a guarantee?

We're dealing with a very savvy defendant here.

That's exactly my point.

This thing will turn into a media circus and everybody's going to lose.

No new trial.

Let him slug it out in civil court.

Sorry it took so long. I had to stop and make a couple of calls.

What happened?

He won't refile.

Why? Because he's a spineless political animal up for re -election next year.

Oh, God.

God, this is not the time to fall apart. This is not the time for defeat. We can

still win.

I found your lawyer.

Ex -prosecutor.

Familiar with the case, totally committed.

The firm will handle it pro bono, so you won't have to worry about the legal

expenses. Is she a friend?

I know her very well.

So do you.

You?

I'm rejoining my husband's law firm.

I can't wait to hand in my resignation.

Are you sure you want to do this? Believe me, I'm doing this as much for

as I am for you. Oh!

Frank Igas is also going to help us.

Don't tell me Frank quit his job, too. He's got a lot of stored -up vacations.

Doesn't it take years for these civil suits to come to trial?

Let's take him up on his offer and use a judge pro temp.

We find a former judge that we both respect and we insist on a jury trial.

That way we'll be back in court in a couple of months.

But first, we'll file a cross -complaint against him.

We can play hardball, too.

Yeah. Love it. Just love it.

Has she ever handled a civil trial before?

I think it's been a long, long time.

That's great.

We'll talk when I get back to the office. I'll be here.

Thanks.

Oh, my God.

If that's the way you want it.

Thanks.

Look, what's this all about, man? I didn't do anything to that woman.

Yeah, I know.

But someone else did.

I hired Martin right out of law school.

I once worked in Phoenix. Oh, it was incredible.

In the summer, you could fry an egg on the hood of a car.

I once worked in Phoenix.

Hello? Frank?

You again?

All of his eyewitnesses, they talk like he's lived here forever.

But I remember he once said he lived in Phoenix.

Thanks. Goodnight.

Stop it.

Stop it!

Beth!

Hey, what are you doing?

Come on, put that down.

I was hoping we could forget about all this and be friends again.

Beth, I really do love you.

What's so scary about the dream was how logical it seemed just to kill myself,

like that was the only way out.

You know, I have... I've denied a lot of things, and I've... I've been kidding

myself.

He's... He's more than a rapist. He's like a... a terrorist, and he's got

of me. Every time the phone rings, every time I answer the door, I think it's

him.

I've given him all of this control, and it's got to stop.

And I realize that now.

I've got to take that back, regardless of what happens with the trial.

I can't go on just being a victim. No.

No, don't. Don't, don't. I really appreciate you coming over here, my

I've put up so many walls.

I've cut myself off from my old friends.

I needed somebody to talk to.

I'm glad it was me.

Taking all those days off to go to the doctor, why didn't you tell me the

I thought it was a private matter. Now everybody knows, and it's very awkward.

That's putting it mildly. Well, I'm sure you can imagine the problems it's

causing here. I mean, the news coverage always mentions the JW rule.

And of course, JW is very upset.

It makes clients uneasy.

You should have told me about this.

We all know your performance has suffered recently.

I don't think that's true. Well, I do, and that's part of the problem.

Whether we like it or not, this whole thing is not about to go away.

So maybe I should.

Maybe you should take a leave of absence.

Just until this whole thing is settled.

Or better yet, maybe you could offer me one of your attractive severance

packages.

If that's what you want, I'm sure it can be arranged.

What I want is some common...

Human decency.

I've been here eight years.

Just because good old J .W. is embarrassed that I was raped, I am not

make things easy for you or him.

You want to fire me, go ahead.

I'll go to the press, and you can explain to the evening news all about

loyalty and family spirit at J .W. Rule.

We think he lived here about ten years ago. He spent the summer defending a

fraud case. He got a traffic ticket. That's how he got the address.

Yeah, the big shot lawyer.

Oh, you remember him.

He complained about everything.

Couldn't stand being around a yokel.

You remember if he had any social life, if he went to the clubs?

No, he spent all his free time at the pool eyeing the girls.

Did he just eye them, or did he go out with any of them?

Well, he started dating this nice girl in apartment six.

That was over before it started. I mean, the reason I remember is that she just

up and moved away.

There was talk.

What kind of talk?

Oh, you know, like he'd done something to her.

I never heard any specifics, but there definitely was some talk.

This girl, you wouldn't happen to remember her name, would you?

No.

But if you're not in a hurry, I bet I can find it. I got records inside going

back to the day we opened.

Huh.

Where are you from?

How will you find her?

I'll put a tracer on her social security number.

Kilroy is not that common a name, so unless she moved to Cuba or something,

we'll track her down.

You know, I've been meaning to thank you for everything.

It's my pleasure.

You're a good guy.

That's been very important to me.

If it hadn't been for you, I might think all men were like him.

Do you like baseball?

Not really.

Football?

What do you like?

Museums? Hiking?

Why?

I was just curious.

Good night.

Good night.

My first announcement is that former appellate court judge, Arthur Stone...

has agreed to serve as Judge Pro Tem in this case.

I think I can speak for the defense in saying that both parties are very

thrilled that a jurist of Judge Stone's reputation was available.

Secondly, I've informed the court of my intention of acting as my own attorney

in this case.

This is no reflection on Ms. Finn. She did a terrific job in the criminal

and she will continue as my co -counsel. Isn't that a little risky? What about

the old saying, a man who serves as his own lawyer has a fool for a client?

Well, I like to think of myself as neither a gambler nor a fool.

But I am a damn good litigator.

And I'm certainly motivated to win a judgment for my client.

I'm sorry I'm late.

It's okay.

But I just had to pick up something for you.

I think you'll like it.

What have you got here? Go on and look.

Oh, thank you.

Remember, in a civil case, the verdict doesn't have to be unanimous. All we

is a nine to three in our favor to win.

Today, for the first time, I realized he's the prosecutor, I'm the defendant.

He'll be able to cross -examine me.

We'll also be able to cross -examine him.

On top of everything else, I have to find a new job.

I can't stay there any longer.

I know this sounds crazy, but I was thinking maybe...

Going to law school at night.

You're kidding.

You think it's crazy.

You know how long I've been a full -time attorney?

20, 25 years.

Try six.

Really?

I met my husband in law school.

He went right into private practice. He loved it.

I thought corporate law was so boring.

And then I got pregnant, so I decided to stay home and raise a family.

It was a really good life.

And then, one night, my husband died.

Heart attack.

Gone. Yeah, I couldn't believe it.

I expected any minute the door would open, he'd say, hey, it was just a joke.

Anyway, the kids were grown, and there I was, all alone, in that big, empty

house, though I decided to go back to work.

I heard there was a position open in the DA's office, and I told them my goal

was to become the oldest living prosecutor.

You're something else.

Biggest risk of all is standing still.

Take your case.

If we win, I'm in a position to challenge the DA in the next election.

You serious?

Why not?

But if we lose, my next step could be the mall.

I could be sitting in a little booth handling divorces, auto accidents.

We're not going to lose.

You're damn right.

So whatever you want to be, whether it's a lawyer or a gourmet chef... No,

not the way I cook.

Don't you let anything stand in your way.

Okay?

Is that her only reason?

Yeah, she's afraid her picture will appear in the paper. You know how that

We've got to get her to testify.

I tried, Beth.

Believe me, I really tried.

I know you did, Frank.

I know you did.

This is the other suite I was telling you about.

It's perfect for a breakfast meeting.

Is this more along the lines of what you were looking for?

That's not why I'm here.

I'm Elizabeth Early.

The woman Martin Knapek.

suing for slander.

How dare you come in here like this?

I told that police officer you have no right. And he had no right to rape you

and me.

And God knows how many other women in between.

I'm sorry I tricked you.

But I had to talk to you. You have to understand how important this is.

He was older than I was, but charming and very funny.

He asked me out a couple of times before I finally said yes.

We went to see a movie.

I remember it was Jaws.

And on the way home he said that there was something that he wanted to show me

and the next thing I knew we were on a dirt road and he just attacked me.

He made me take off all of my clothes and...

It was all so thick.

Why didn't you press charges?

I was a graduate student.

He was a lawyer.

Nobody would have believed me.

I just moved back on campus.

Did he try to contact you after that?

I think so.

I would get these late -night phone calls, but he'd just hang up.

What's really scary is how many others like you and me are out there.

That's why it's so important to testify. It's not just for me.

It's for all of us.

I just couldn't bear to see him again.

It would reopen too many old wounds.

You know, I've never been able to have a successful relationship since then.

I always wanted children and a family.

And stop running away.

Finally confront him.

I know how you feel. I, uh... I wanted to run away, go someplace where nobody

knew me.

But he wouldn't let me.

And it's probably for the best.

Because you know what?

You know what would have happened?

he would have ended up like me.

I work part -time as a fashion model and also at an auto leasing

company. And that's where we first met?

Yes.

Tell me, how many times would you say we've gone out together?

Three, maybe four times.

And had we ever been sexually intimate?

Yes. Once.

And on that occasion, did you ever feel in jeopardy?

Or think that there was something weird or abnormal about my sexual appetite or

my performance?

No. No further questions?

You were a very good lover, Marty.

Thank you.

Counselor? You voluntarily had sex with Mr.

Knapik, is that correct?

Yes.

So you never resisted him, not even in the slightest way?

No. So you have no idea how he would have reacted if you had resisted him?

You really don't know, do you?

I guess not.

I have no further questions.

You may step down.

So between them, they drank one bottle of wine.

That's right.

Did you warn them when they ordered that one bottle of wine that by drinking it,

they might become perhaps intoxicated and too impaired to drive?

No. Why not?

Well, there's only like two glasses each in a bottle.

And that couldn't do much harm to anyone?

No. I see.

Do you solemnly swear that the testimony you're about to give shall be the

truth, the whole truth, and nothing but the truth, so help you God? I do.

And then you offered her a ride.

That's right.

She got in the car and I said, where to?

And she said she was very hungry and she would like to go someplace to eat.

And I said, sounds good to me. So in other words, it was Miss Early, not you,

who suggested that you go out to dinner.

That's correct.

And then?

Well, she started drinking a little heavily, and I started to realize she

exactly the goody -two -shoes she came off at.

And what made you realize that?

Well, many things. Her body language.

She liked to talk dirty.

So, in other words, this friendly get -together was turning into a hot date.

Yes.

Very hot.

That's enough.

Thank you.

It'll just take me one minute.

Who did that?

I can't see anything.

Don't tell me you're afraid of the dark.

Because I got something here I think you're going to like.

Um, Ella?

You won't need the... No.

Well,

with that, one thing led to another and we finally made love.

And then?

She wanted to start all over again.

It had been a long day for me, and frankly, I was worn out.

I'm not used to a woman being so aggressive about sex.

So when I said that I would take a rain check, she got this attitude.

She started taunting me and making fun of my manhood.

So I said to myself, this broad is crazy.

Anyway, by the time I dropped her off, she was... Well, she seemed okay again.

thought that that scene back in my office was just to put on.

That she had some weird sense of humor.

Then I got arrested.

Now I realize she really is crazy.

You know, like that woman in the movie, Fatal Attraction.

It is still beyond my comprehension why she would make all of this up.

It's just... It's just too bizarre.

Do you remember this profile of you published in the county law journal

two years ago?

Objection, Your Honor. Irrelevant.

It's all right. I'll answer that.

Yes, I do.

Were you pleased with the article?

Well, it was extremely favorable.

And accurate?

As much as can be expected.

Martin always needs to beat somebody, one of his colleagues said.

He's driven, almost possessed, to win, no matter what.

You remember that quote?

Now, that was an unnamed colleague.

And you're taking it totally out of context. I mean, totally out of context.

99 % of that article is so positive, it's almost embarrassing.

Let's go back to the night of the 6th. What was your reason again that you had

to stop by the office?

I had to pick up some important papers.

At 11 .30 at night?

I had a court date in the morning. I wanted to review a few things.

Can we assume that you went straight from your house to the court?

You may assume anything you like. Fine, then we'll assume that you're a liar.

Your Honor.

Sustained. Counsel for the defendant is warned not to get involved in name

-calling. The jury is to disregard this outburst.

Your Honor, the reason for my outburst is because Mr. Knapik had no scheduled

court appearance either in the morning or the afternoon of March 7th. His sole

reason for stopping at the office was to forcibly rape Elizabeth Early.

That's total nonsense.

This is your appointment book. Your day -by -day schedule kept by your

secretary.

Show me.

Show this court any scheduled court appearance for March 7th.

This proves nothing.

I often make appointments without my secretary knowing.

I'm in and out of that courthouse all the time. This doesn't prove a thing.

You wore a condom during intercourse?

Yes.

Is that your suggestion or hers?

Mine. Why?

I believe in safe sex.

Especially with strangers?

Especially with a stranger like this.

Where do you keep your condoms? In your wallet, in your jacket pocket?

In my desk.

In your desk?

Is that because you often use your office to have sex?

Uh, no.

I work long hours. My office is the center of my life. I keep many things

Shaving cream, tennis racket.

How was sex with Miss Early?

Good.

But you found her a little aggressive, isn't that what you said?

Yes.

I would think a man like you would like a woman to be a little aggressive. Not

in bed.

Why?

The same reason I don't like ketchup on my hamburgers. It's a matter of personal

choice.

In your earlier testimony, you referred to Miss Early as this broad.

Do you often refer to women as broad?

Um, that was an expression.

An expression or an attitude?

An expression.

What do you think of women, Mr. Knappek?

I like women.

I enjoy them very much.

You enjoy them? Is that another expression?

Prior to March 6th, had you ever been accused of raping or sexually assaulting

woman? Never.

Would you repeat your answer?

Yes. No, never.

That will be all. Thank you.

Can you tell us where you were earlier that evening?

At a party.

And at this party, did you smoke any marijuana?

Any other kind of drugs?

Objection. Irrelevant.

This goes to the impeachment of the witness, Your Honor. The defense is

the jury to accept his judgment and his perceptions.

Now, I feel it's more than relevant to ascertain the mental well -being of the

witness at the time of the alleged encounter.

Overruled. It's a legitimate question.

What was the question again?

Did you take any drugs, including alcohol, that night?

Look, man, I was at a party.

Probably had a couple hits off something, okay?

No further questions.

Then I'd suggest at this time we recess for lunch.

is this witness in discovery?

Your Honor, there was no intention to deceive you. My investigator just found

this witness, a woman who had once been sexually assaulted by the plaintiff.

That is hearsay, and you know it. Mr. Knapik, restrain yourself.

Your Honor, it is not only too late to introduce a witness like this at this

time. We're talking about an incident, an alleged incident, ten years ago. I

agree. But, Your Honor, he opened the door when he had his woman friend

This is a credible witness, and her testimony centers on his conduct, which

the heart of our case.

Conduct is always admissible.

This is 352 of the evidence code, Counselor. It's too remote in time. This

woman's testimony would unduly inflame the jury.

I'm afraid I have to exclude her testimony.

Motion granted. Thank you, Your Honor.

Sorry I had to come all the way for this.

How can a judge do this? Because he's a juror. His decision, and that's that. I

want to talk to him. You can't. I'm going in there.

Hey! Don't touch me!

Can you leave me alone?

I'm sorry, Beth. I wasn't thinking. But you can't do this. You'll jeopardize the

whole trial.

We have our witness.

We put her on the stand, we win.

We win!

Well, you will just have to win another way, because you can't talk to the

judge.

What was your immediate reaction when you heard that he was suing you, that he

was actually filing a civil suit against you?

That he was incredibly sick.

and that this was just another form of rape.

I still have no idea why he picked me out.

After it happens, you think of all the things you might have done differently,

but at the time, you can't think straight.

You're so scared and shocked.

You just give up.

What did you think would happen if you didn't give in, if you fought back?

I think he would have killed me.

I have no further questions.

Mr. Knapik, you may cross -examine.

If I may, I would like to refer back to the clothing you were wearing on the

night of March 6th.

As established, none of this clothing was torn or ripped in even the slightest

way.

Is that correct?

That's because you ordered me to take them off. But you did take them off by

yourself. I didn't volunteer.

You made me do it. But I did not tear them from you or rip them from you.

Isn't that correct?

Yes. But you ordered me... Just answer the question, yes or no.

It's not a simple yes or no answer. Your Honor, the witness is being non

-responsive. I'm not going to let you paint me into a corner. I would request

the court admonish the witness to answer the questions as asked, whether she

likes them or not.

Sustained. Strike the last answer. Just answer the question, please.

Would you mind repeating the question?

Yes.

Now, Miss Early, we know you're divorced.

Have you ever lived with a man outside of marriage?

Yes.

How many men?

One when I was in college.

Well, you certainly must have had more than two lovers in your life. Your

may I approach the bench?

Come.

I can't believe you're trying to imply that my client is sexually promiscuous.

May I remind you this is a civil, not a criminal trial.

The rules of evidence allow me to... We're back in the 352 area on this one.

agree with Miss Cantore.

You've gone far enough with this line of questioning. No more. Now, let's get on

with it.

Miss Erling, were you ashamed after we had sex that night?

Yes. And you were angry?

Of course I was angry.

No further questions.

I was angry and ashamed because what you did to me was so disgusting. I said no

further questions.

If my face was disfigured or I was missing a limb, this would be so much

for you to understand.

Your Honor. Miss Early, please step down.

With all due respect, Your Honor, I think the court's been overly protective

Mr. Nappix, right?

I was not only raped by this man. Motion to strike, Your Honor. My entire life

was violated.

Motion to strike.

Granted. The jury will disregard. Miss Early, I am asking you for the last

please step down.

Do you know what it's been like to be undressed in public?

Right. To be called a liar? Not pleased.

A whore?

Worth? Miss Early.

I said no to this man and he wouldn't listen. The defendant should be cited.

Cited for contempt. For contempt, Your Honor. Your legal system.

Your Honor. That system put me, the victim, on trial.

Miss Early, I'm asking you to sit down. The defendant should be cited for

contempt, Your Honor. Contempt. Don't be fooled by this clever man.

Please, do not tell me or anyone. Your Honor. Miss Early.

I had no right to say no.

Counselor, will you take control of your client right now, or I'll have to hold

her in contempt.

We request a short recess, Your Honor.

I'll grant a ten -minute recess.

Should you believe the word of a respected attorney or accept the

unproven allegations of a sexually active, emotionally unstable woman?

A woman who admits being upset at a disastrous one -night stand with her ex

-husband. A woman who found me attractive, had too much to drink,

sex, and then, out of some neurotic sense of... Shame and guilt decided to

destroy my good name and my reputation by crying rape.

Ladies and gentlemen, when you return to the jury room, you are sworn to render

a decision based solely on the facts, not on emotion or the histrionics of the

defendant.

Was my good name libeled? The answer is a resounding yes.

By a malicious prosecution, a witch hunt, the district attorney himself

wait to wash his hands of.

And just as in the aborted criminal trial, the most important fact remains.

There was never any evidence to justify my prosecution, my persecution by a

politically motivated, totally irresponsible deputy district attorney.

Ladies and gentlemen, I did not rape Elizabeth Early.

I didn't ask for this fight.

I'm not the Frankenstein monster they try to create for you in this courtroom.

I'm a human being.

You can't imagine my pain at seeing my name splashed across the newspapers when

I'm shunned by old friends and ridiculed by strangers.

My background, my success was nurtured in the American dream.

My father was a poor refugee from Eastern Europe who slaved away in a

tailor shop to make sure that his only son got a good education and made a

better life for himself.

And I did that.

But I had to work very hard for that.

My entire professional career was built stone by stone on a reputation of

integrity, honesty, fairness, and accomplishment.

And now that reputation is in tatters.

Soiled, perhaps forever, by the fault charges of an unbalanced woman.

A renowned British jurist once said, reputation and honor are no less

to good men than bodily safety and freedom. And in some cases, maybe even

than life itself.

Ladies and gentlemen, in my case, they are my life.

We failed to get a unanimous verdict in the criminal trial. It's simple.

The jury never got to know this man.

He wasn't obligated to take the stand, so all they saw was the facade, this

successful, professional man.

But you, ladies and gentlemen, you have met the real Martin Mathis,

a man who likes to dominate in the courtroom and in the boardroom.

And in the bedroom.

He told us he enjoys a woman like he enjoys a good piece of steak.

He doesn't like broads who are too aggressive.

He likes to give the orders and see that they're obediently carried out.

Take off your clothes, bitch, and do what I say.

Can you imagine him saying that? I can.

Can you imagine him turning cruel and violent if he didn't get his way?

I can't.

And can you imagine him thinking what an easy prey he'd found in a lovely,

trusting woman like Elizabeth Early?

Martin Nappek did not have to stop by his office that night to get important

papers. We know that.

He had to go there to get a quick fix for his psychotic sexual needs.

And his office, the center of his life, was the perfect place to do it.

By conservative estimates, one out of every ten women will be raped

during her lifetime.

That could mean your wife.

That could mean your daughter.

That could be your mother.

And what if it were you?

What if it were you? Would you like the system to treat you the way it's treated

my client?

The night Martin Nathick raped Elizabeth Early, she cried for help.

And nobody heard her.

But you, ladies and gentlemen, you have heard her. You must help her.

And you must stop Martin Mappick from using our legal system to rape her

The jury is now entering its sixth day of deliberations in the celebrated NAPIC

early libel trial.

According to courthouse sources, the jury has again requested key testimony

re -read, fueling speculation that this civil trial may also end in a hung jury.

Live from the county courthouse, Kim Shimada, News Report 10.

We've got a verdict.

Do you have any ideas?

No, let's go. They want us there in 15 minutes.

I've got to change. I've got to shower.

There's no time.

Just freshen up.

Go on.

In the matter of Knapik v. Early, let the record show that all parties are

present and 12 members of the jury are seated in the jury box.

I understand that you've reached a verdict.

Please hand all the verdict forms to the bailiff.

Read the verdict.

We, the jury in the above titled action, find on the issue of defamation in

favor of the defendant Elizabeth Ann Early.

On the cross -complaint against Martin Knapp for assault and battery,

intentional infliction of emotional distress, we also find in favor of

Ann Early.

How do I feel?

Exhausted.

Angry. Relieved.

Frustrated. Why frustrated?

Don't you think the jury will come back with a big cash award?

This wasn't about money. He still walks out of here a free man.

In light of the unanimous verdict, do you think that the DA will refile

charges? Yes.

Why are you so sure? Because it will be politically expedient for him to do so.

But what if he refuses? Well, that's something we'll have to take up with the

voters.

You know what I'd do if I were you?

Wash my hair.

Yeah. Yeah, I'd definitely do that.

And after that, I'd take a nice long vacation.

I can't.

I'm planning on starting a new job, and I just signed up for all those law

courses. Well, you could take a week.

Go somewhere exciting.

Like where?

Oh, I don't know.

How about Paris?

Someday.

I'll go with you.

Someday.

What? Someday you'll go to Paris or someday you'll go with me to Paris?

Someday.

Let's speed it up.