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1
00:00:23,156 --> 00:00:25,182
In the criminal
justice system...
2
00:00:25,259 --> 00:00:29,060
the people are represented by two
separate yet equally important groups:
3
00:00:29,129 --> 00:00:31,030
the police who
investigate crime...
4
00:00:31,098 --> 00:00:33,863
and the district attorneys
who prosecute the offenders.
5
00:00:33,934 --> 00:00:35,368
These are their stories.
6
00:00:38,005 --> 00:00:41,464
Definitely the Dior. Show
some flesh, break some hearts.
7
00:00:41,542 --> 00:00:44,171
My ex is invited.
Good. Punish him.
8
00:00:45,379 --> 00:00:48,076
Your delivery
man's a trusting soul.
9
00:00:48,148 --> 00:00:50,549
Dan's ordering
from Cabela's again.
10
00:00:51,618 --> 00:00:55,578
All those hunting outfits. Is he actually
ever going to step foot in the woods?
11
00:00:55,923 --> 00:00:57,824
Laura, Mommy's home.
12
00:00:57,891 --> 00:01:00,258
Auntie Sarrie's got
something for you.
13
00:01:00,327 --> 00:01:02,694
She's probably in
the back with Olivia.
14
00:01:14,508 --> 00:01:17,171
This is Miss Pinky,
her favorite doll.
15
00:01:17,711 --> 00:01:19,942
Neighbor must have
found it on the walk.
16
00:01:20,013 --> 00:01:21,140
Laura.
17
00:01:21,214 --> 00:01:22,992
She's probably still at
the zoo with her class.
18
00:01:23,016 --> 00:01:24,040
Yeah.
19
00:01:24,117 --> 00:01:25,380
Olivia?
20
00:01:25,485 --> 00:01:28,546
I remember trying to drag Susie
away from the elephant ride.
21
00:01:28,622 --> 00:01:30,523
I remember that day.
22
00:01:32,359 --> 00:01:33,359
Hmm.
23
00:01:33,493 --> 00:01:35,792
Looks like you're out of
vodka. Gin okay? Yeah, sure.
24
00:01:35,862 --> 00:01:38,902
Hi, honey, it's me. I'm
at the office. Call me.
25
00:01:39,967 --> 00:01:43,028
How much the child
resembles the pretty doll.
26
00:01:43,103 --> 00:01:46,073
So loving and trusting.
27
00:01:46,306 --> 00:01:49,276
Did she enjoy the
animals at the zoo?
28
00:01:49,676 --> 00:01:52,305
Does she miss her
doll, do you think?
29
00:01:52,813 --> 00:01:56,306
Does she want her
mother now, do you think?
30
00:01:56,383 --> 00:01:57,749
Call the school.
31
00:02:02,856 --> 00:02:04,324
Come on.
32
00:02:04,958 --> 00:02:08,395
Hi, this is Janet Rudman. Has
Olivia picked up Laura yet today?
33
00:02:09,129 --> 00:02:12,531
Well, about when
was that? Thanks.
34
00:02:13,100 --> 00:02:16,229
She picked her up over
two hours ago. Dial 911.
35
00:02:19,373 --> 00:02:22,434
We're checking every route
between here and the school.
36
00:02:26,213 --> 00:02:27,875
How long has Olivia
worked for you?
37
00:02:27,948 --> 00:02:31,316
She's been with us for four
years. She's absolutely reliable.
38
00:02:34,354 --> 00:02:36,755
Wasn't that fun? Laura.
39
00:02:36,823 --> 00:02:39,588
Yeah, I can't wait to
tell Mommy and Daddy.
40
00:02:39,660 --> 00:02:43,153
Oh, my God. Honey,
where have you been?
41
00:02:44,598 --> 00:02:47,625
She saw Barney in the FAO Schwartz
window and she wouldn't leave...
42
00:02:47,701 --> 00:02:50,637
until she said hello to
Barney. Is something wrong?
43
00:02:50,704 --> 00:02:53,833
No. Everything's all right.
44
00:02:55,642 --> 00:02:57,008
It's over.
45
00:03:00,280 --> 00:03:03,944
My guess, it's not over for
the guy that made that call.
46
00:03:54,367 --> 00:03:57,531
They're taught to hold hands, to
keep in sight of a teacher at all times.
47
00:03:57,604 --> 00:04:00,130
Fine, did you see her
talking to anybody?
48
00:04:00,373 --> 00:04:03,866
Twenty-two kids and I have to
explain why a leopard has spots.
49
00:04:04,177 --> 00:04:06,271
I liked the polar
bears the best.
50
00:04:06,446 --> 00:04:08,347
They have their own pool.
51
00:04:08,415 --> 00:04:10,611
I didn't know bears
could swim, did you?
52
00:04:10,684 --> 00:04:14,485
No, I didn't, honey. Did
Miss Pinky like the zoo?
53
00:04:14,554 --> 00:04:16,716
She said she liked
the penguins the best.
54
00:04:16,790 --> 00:04:19,419
But Miss Pinky was
bad. She got lost.
55
00:04:19,826 --> 00:04:21,351
How'd she get lost?
56
00:04:21,561 --> 00:04:24,963
I don't know. Maybe she went
with the man in the spaceman hat.
57
00:04:25,699 --> 00:04:27,133
The spaceman hat?
58
00:04:27,400 --> 00:04:31,861
It was shiny and silver. Like his
glasses. I could see myself in them.
59
00:04:32,305 --> 00:04:34,274
Did you talk to this man?
60
00:04:35,175 --> 00:04:38,543
He said he liked the monkeys
the best. He was a nice man.
61
00:04:38,745 --> 00:04:40,839
After he finished talking
to you, what did he do?
62
00:04:40,914 --> 00:04:44,715
He got on a silver bicycle.
Maybe I let him hold Miss Pinky.
63
00:04:44,785 --> 00:04:46,151
I can't remember.
64
00:04:47,354 --> 00:04:48,913
The kid wasn't scared.
65
00:04:50,390 --> 00:04:53,485
Yeah, well, pedophiles
relate real well to kids.
66
00:04:53,693 --> 00:04:56,026
Why did Laura talk to
this guy in the first place?
67
00:04:56,096 --> 00:04:59,726
I mean, kids are supposed to know
better than to talk to absolute strangers.
68
00:05:00,100 --> 00:05:01,625
You think she knew him?
69
00:05:01,701 --> 00:05:06,162
Or he just seemed familiar, maybe.
Like if he knew Miss Pinky's name.
70
00:05:06,273 --> 00:05:08,833
Pedophiles don't advertise
on answering machines.
71
00:05:08,909 --> 00:05:11,777
He would have hit on her
long before he called mom.
72
00:05:12,479 --> 00:05:15,039
This guy knew
Rudman's private number.
73
00:05:15,148 --> 00:05:17,743
Knew their routine.
Maybe he knows mom.
74
00:05:22,355 --> 00:05:25,450
Bicycle, mirrored glasses? No.
75
00:05:25,559 --> 00:05:27,994
With most of our friends,
it's tennis or squash.
76
00:05:28,061 --> 00:05:31,122
Well, besides them, who would
have access to your private number?
77
00:05:31,198 --> 00:05:33,531
My husband has
over 300 employees.
78
00:05:33,600 --> 00:05:35,296
Every one of them
could get that number.
79
00:05:35,368 --> 00:05:36,893
All right, what
about this place?
80
00:05:36,970 --> 00:05:38,598
We have 40 on staff.
81
00:05:38,905 --> 00:05:40,965
Anybody been fired recently?
82
00:05:41,041 --> 00:05:43,567
We had cutbacks
earlier this year.
83
00:05:44,644 --> 00:05:47,239
Well, did any of them
take it particularly hard?
84
00:05:47,314 --> 00:05:50,375
Everybody. But I don't
think anyone blamed me.
85
00:05:51,651 --> 00:05:53,745
You know, I did
get a nasty note.
86
00:05:55,622 --> 00:05:58,786
Ron Blocker in Acquisitions.
87
00:05:58,859 --> 00:06:01,294
I don't know about glasses,
but he was into fitness.
88
00:06:01,361 --> 00:06:03,296
Rode a bike to work every day.
89
00:06:04,831 --> 00:06:08,029
Janet Rudman kept
her no-talent sycophants.
90
00:06:08,902 --> 00:06:12,168
I got the axe.
Certainly I was miffed.
91
00:06:12,239 --> 00:06:14,265
Just how miffed were you, Ronny?
92
00:06:14,441 --> 00:06:17,138
I thought of suing.
I had a case.
93
00:06:17,744 --> 00:06:19,576
It was clear discrimination.
94
00:06:20,447 --> 00:06:23,508
So instead of getting a
lawyer, you sent a nasty note?
95
00:06:23,917 --> 00:06:25,613
She told you about that?
96
00:06:26,319 --> 00:06:29,619
So, Ronny, do you own a bicycle?
97
00:06:29,856 --> 00:06:31,757
Owned a Mongoose.
98
00:06:32,092 --> 00:06:34,027
Hey, those are
silver, aren't they?
99
00:06:34,160 --> 00:06:38,598
Polished aluminum with full
suspension. Somebody stole it.
100
00:06:39,566 --> 00:06:41,762
Let's talk a little bit about
your schedule last week.
101
00:06:41,835 --> 00:06:45,033
Yeah, like Tuesday.
Were you out and about...
102
00:06:45,105 --> 00:06:48,837
or did things around here keep
you busy all day by yourself?
103
00:06:49,075 --> 00:06:53,240
Busy, yes. Here, no. Familiar
with the Kalmus Gallery?
104
00:06:55,515 --> 00:06:58,451
Very successful
exhibition of my own works.
105
00:06:59,853 --> 00:07:02,982
Black tie, very
chic, very intime.
106
00:07:04,224 --> 00:07:06,022
Pity you couldn't
have been there.
107
00:07:06,526 --> 00:07:08,461
But it was by invitation only.
108
00:07:09,663 --> 00:07:11,655
Well, if this
doesn't check out...
109
00:07:11,731 --> 00:07:14,064
we'll be sending
you an invitation, too.
110
00:07:14,267 --> 00:07:16,566
Not very chic, but very intime.
111
00:07:17,804 --> 00:07:19,636
Blocker's got a perfect alibi.
112
00:07:19,706 --> 00:07:23,871
Fifty guests put him at his gallery from
dawn to dusk on the day of the zoo trip.
113
00:07:23,944 --> 00:07:25,810
What about
Mr. Rudman's employees?
114
00:07:25,879 --> 00:07:27,643
Any of them victims
of the recession?
115
00:07:27,714 --> 00:07:30,445
They're all present and accounted
for. We checked his clients.
116
00:07:30,517 --> 00:07:32,110
There's nothing there.
117
00:07:33,086 --> 00:07:34,554
Mike, line two.
118
00:07:36,790 --> 00:07:39,157
Thanks. Logan. Yeah.
119
00:07:41,695 --> 00:07:43,129
When did it arrive?
120
00:07:44,531 --> 00:07:47,262
Okay. Yeah. No.
Don't touch it. Thanks.
121
00:07:48,802 --> 00:07:51,499
Janet Rudman just received
a package with a demand.
122
00:07:51,571 --> 00:07:53,836
$20,000 or he takes the kid.
123
00:07:57,310 --> 00:08:01,475
"11:00, tomorrow. Bethesda
Fountain, near the underpass.
124
00:08:01,548 --> 00:08:05,041
"Bring $20,000.
No cops. No tricks."
125
00:08:05,418 --> 00:08:07,410
It came through the mail
slot while we were out.
126
00:08:07,487 --> 00:08:09,752
Olivia was upstairs.
She didn't hear anything.
127
00:08:09,990 --> 00:08:11,788
It was wrapped around this.
128
00:08:54,234 --> 00:08:55,566
It could have been then.
129
00:08:55,635 --> 00:08:58,696
A turned head, a
moment's distraction.
130
00:08:59,406 --> 00:09:03,639
She could be taken so easily.
131
00:09:21,728 --> 00:09:26,063
She could be taken so easily.
132
00:09:36,276 --> 00:09:38,677
Black sedan. Did you
make out the model?
133
00:09:39,813 --> 00:09:42,647
She cannot go to Central
Park. Anything could happen.
134
00:09:42,715 --> 00:09:45,913
What else can we do?
I cannot live with this.
135
00:09:47,087 --> 00:09:51,183
Bethesda Fountain. Good
visibility, controlled access.
136
00:09:52,392 --> 00:09:55,089
It'll be okay. We
can make it work.
137
00:10:29,963 --> 00:10:32,660
If you read me, give
me a sign, Lennie.
138
00:10:50,150 --> 00:10:51,550
Yes.
139
00:10:53,319 --> 00:10:54,514
Please, yes.
140
00:10:56,923 --> 00:10:58,323
Yes, I see it.
141
00:10:58,391 --> 00:11:01,190
Trash basket, northwest corner.
142
00:11:43,970 --> 00:11:45,461
Wait for it.
143
00:11:50,276 --> 00:11:51,608
False alarm.
144
00:12:08,161 --> 00:12:09,652
Follow him, Walsh.
145
00:12:23,209 --> 00:12:24,472
On my command.
146
00:12:30,216 --> 00:12:31,445
Go.
147
00:12:38,958 --> 00:12:40,517
You have the right
to remain silent.
148
00:12:40,593 --> 00:12:43,927
Anything you do say can and will
be used against you in a court of law.
149
00:12:44,964 --> 00:12:46,956
Detective? Thanks.
150
00:12:47,934 --> 00:12:51,371
Blanchard, John, 47.
No known address.
151
00:12:51,471 --> 00:12:53,497
He pulled off a scam like this?
152
00:12:53,840 --> 00:12:57,641
Dis con, fraudulent
accosting, jostling...
153
00:12:58,411 --> 00:12:59,777
misdemeanor assault.
154
00:12:59,846 --> 00:13:03,010
Mr. Blanchard seems to
be expanding his horizons.
155
00:13:06,519 --> 00:13:09,353
Was it drugs? Don't tell
me. I don't want to know.
156
00:13:09,489 --> 00:13:12,015
It's not about drugs,
Mr. Blanchard.
157
00:13:12,325 --> 00:13:14,191
Hey, I was running
an errand anyway.
158
00:13:14,260 --> 00:13:17,321
Yeah, so, now you're
a bonded messenger?
159
00:13:18,131 --> 00:13:21,067
Look, a guy in Central
Park West, he's in a car.
160
00:13:21,167 --> 00:13:24,968
He gives me $20 to pick up an envelope.
Says he can't do it. He's at a hydrant.
161
00:13:25,038 --> 00:13:27,405
So, what did he
look like, this guy?
162
00:13:27,774 --> 00:13:30,334
Andrew Jackson. I
looked at the $20, not him.
163
00:13:35,281 --> 00:13:37,045
He was wearing wraparounds.
164
00:13:37,116 --> 00:13:39,608
What were you supposed
to do with the envelope?
165
00:13:39,852 --> 00:13:41,514
Take it back to
the guy in the car.
166
00:13:41,587 --> 00:13:43,351
What did the car look like?
167
00:13:43,623 --> 00:13:46,422
Big, four doors. I don't
know from models.
168
00:13:46,959 --> 00:13:48,450
You know from color?
169
00:13:48,795 --> 00:13:52,163
Black, big American
car. New, you know?
170
00:13:52,865 --> 00:13:55,994
This guy was no bum.
Am I in trouble here?
171
00:13:57,203 --> 00:13:59,468
You're starting to
dig your way out of it.
172
00:13:59,539 --> 00:14:01,098
Give us some more about the car.
173
00:14:01,174 --> 00:14:02,540
I don't know nothing else.
174
00:14:02,608 --> 00:14:05,635
Don't screw up now, Blanchard.
I'm so close to believing you.
175
00:14:09,682 --> 00:14:11,981
Wait, on the
window was a sticker.
176
00:14:12,218 --> 00:14:13,481
What did it say?
177
00:14:13,553 --> 00:14:15,522
It was a face turned sideways.
178
00:14:15,588 --> 00:14:18,217
A profile? Like on a coin?
179
00:14:18,291 --> 00:14:20,283
Yeah. A sideways
face, like on a nickel.
180
00:14:20,360 --> 00:14:23,353
It could've been an Indian or
one of those Roman soldiers.
181
00:14:23,963 --> 00:14:26,330
That ought to narrow it down.
182
00:14:26,499 --> 00:14:28,400
A parking sticker for a club?
183
00:14:28,868 --> 00:14:31,895
When I parked cars at the
Atwater, they had a pilgrim.
184
00:14:33,406 --> 00:14:36,240
Hey, Lennie, here's one
for you. The Century Club.
185
00:14:36,309 --> 00:14:40,110
"Serving the social needs of those
who have achieved their second century."
186
00:14:40,179 --> 00:14:42,171
The emblem is a Roman centurion.
187
00:14:42,248 --> 00:14:45,707
Over a hundred and they're
still mixing it up? Forget that one.
188
00:14:46,052 --> 00:14:48,647
Look at that. The Pequot Club.
189
00:14:49,322 --> 00:14:51,621
The symbol is the
profile of an Indian chief.
190
00:14:51,691 --> 00:14:52,954
Let's try it.
191
00:14:56,295 --> 00:14:58,958
This is good but I
prefer the thick crust.
192
00:14:59,065 --> 00:15:01,034
We'll pass it on to the chef.
193
00:15:01,100 --> 00:15:03,660
Hey, Blanchard, you
ever see this before?
194
00:15:07,306 --> 00:15:09,036
Yeah. I think you got it.
195
00:15:10,176 --> 00:15:12,543
Yes, we are members
of the Pequot Club.
196
00:15:13,946 --> 00:15:17,041
I find it hard to believe that we've
been having dinner next to that...
197
00:15:17,116 --> 00:15:18,448
creature on the phone.
198
00:15:18,518 --> 00:15:20,453
Life can be full of surprises.
199
00:15:20,853 --> 00:15:22,549
Now the DMV
computers spit out...
200
00:15:22,622 --> 00:15:25,615
72 black sedans registered
to members of that club.
201
00:15:25,691 --> 00:15:27,159
We've circled their names.
202
00:15:27,226 --> 00:15:29,991
What reason would those people
possibly have for hurting us?
203
00:15:30,062 --> 00:15:32,998
Now, here's the
Commissioner of Police.
204
00:15:34,066 --> 00:15:36,331
Detectives, I think
you're clutching at straws.
205
00:15:36,402 --> 00:15:37,995
Look, if you could
think of anybody...
206
00:15:38,070 --> 00:15:40,270
and I mean anybody that
might have a grudge against you.
207
00:15:40,339 --> 00:15:42,535
I don't care if it
was a poker debt.
208
00:15:42,875 --> 00:15:44,173
Jeffrey Starke.
209
00:15:45,244 --> 00:15:49,340
I put him into bonds. He was mad.
He felt he should have gone with T-bills.
210
00:15:49,549 --> 00:15:52,075
He canceled his account,
but that was months ago.
211
00:15:52,151 --> 00:15:54,279
The Starkes have been in
Tuscany since September.
212
00:15:54,353 --> 00:15:58,256
Look, this is absurd. These
people are our friends.
213
00:15:58,858 --> 00:16:00,349
All but one of them.
214
00:16:05,264 --> 00:16:09,065
You get the feeling they don't
like us the closer we get to home?
215
00:16:09,302 --> 00:16:11,066
Yeah, it was okay
when it was some skell.
216
00:16:11,137 --> 00:16:13,971
But they don't like it when
it's one of their own circle.
217
00:16:14,574 --> 00:16:16,167
Yo, yeah.
218
00:16:17,643 --> 00:16:20,613
Okay. Tell them we're
gonna be right there.
219
00:16:21,914 --> 00:16:24,213
Forensics got
something off the video.
220
00:16:31,290 --> 00:16:32,417
Listen.
221
00:16:34,060 --> 00:16:37,087
Hansom cab, Columbus
Circle. What do I win?
222
00:16:45,037 --> 00:16:46,130
Could have been then.
223
00:16:46,205 --> 00:16:49,141
The ambient noise is gone. This
part of the tape has been degaussed...
224
00:16:49,208 --> 00:16:50,403
by direct overdubbing.
225
00:16:50,510 --> 00:16:52,809
Could we have that
again in English?
226
00:16:52,879 --> 00:16:55,644
I cut my teeth on
forty-fives and Fats Domino.
227
00:16:55,982 --> 00:16:58,747
He laid the audio track in
after he shot the footage.
228
00:16:58,818 --> 00:17:00,753
Today's home equipment's
very sophisticated.
229
00:17:00,820 --> 00:17:02,311
Can you lift it off?
230
00:17:17,770 --> 00:17:19,204
It could have been then.
231
00:17:19,272 --> 00:17:21,867
A turned head, a
moment's distraction.
232
00:17:21,941 --> 00:17:25,309
She could be taken so easily.
233
00:17:27,113 --> 00:17:28,479
Almost human.
234
00:17:34,954 --> 00:17:36,980
A moment's distraction.
235
00:17:37,223 --> 00:17:40,625
She could be taken so easily.
236
00:17:42,562 --> 00:17:44,997
That's as good as it's going
to get on the voice, gentlemen.
237
00:17:45,064 --> 00:17:47,693
Can you play just the background
again, without the voice?
238
00:17:47,800 --> 00:17:48,800
Mmm-hmm.
239
00:17:54,106 --> 00:17:55,802
Some kind of a bell?
240
00:17:59,145 --> 00:18:00,738
Six bells.
241
00:18:00,813 --> 00:18:03,180
3:00 naval time.
He's got a naval clock.
242
00:18:03,249 --> 00:18:04,842
Play it one more time.
243
00:18:09,689 --> 00:18:11,317
And water lapping.
244
00:18:11,791 --> 00:18:12,850
A boat?
245
00:18:13,359 --> 00:18:17,262
Fiberglass, you can tell by the
sound of the water on the hull.
246
00:18:19,131 --> 00:18:22,693
A search warrant? With
this? You can't be serious.
247
00:18:22,768 --> 00:18:25,260
Hey, all three are members
of the Pequot Club...
248
00:18:25,338 --> 00:18:27,534
and this was recorded on a boat.
249
00:18:27,607 --> 00:18:29,337
A fiberglass boat...
250
00:18:29,675 --> 00:18:32,645
of which each of these
guys is a proud owner.
251
00:18:33,145 --> 00:18:34,545
And the black sedan?
252
00:18:34,914 --> 00:18:37,884
Two of them own little sports
jobs, one's got a Range Rover...
253
00:18:37,950 --> 00:18:40,715
but the sedan could be rented.
We're checking on that now.
254
00:18:40,786 --> 00:18:44,780
The first guy is a big-time
proctologist. $6,000 a peek.
255
00:18:44,857 --> 00:18:48,157
Second's a client of Dan
Rudman's. Owns an investment bank.
256
00:18:48,227 --> 00:18:50,696
Number three is one
of our leading jurists.
257
00:18:50,763 --> 00:18:54,063
Yeah, Judge Thayer. He's also a
close friend of the Rudman family.
258
00:18:54,533 --> 00:18:57,435
Yeah, Van Buren says he's
pushing the investigation.
259
00:18:59,438 --> 00:19:00,963
I have to go.
260
00:19:01,641 --> 00:19:04,702
I have an appointment.
Excuse me.
261
00:19:12,551 --> 00:19:13,917
Something I said?
262
00:19:15,321 --> 00:19:18,758
I was a clerk in his
court, Ben, for two years.
263
00:19:19,592 --> 00:19:22,824
So were half a dozen others
in this office. What about it?
264
00:19:24,063 --> 00:19:27,556
I just feel before it goes any
further, I should be taken off the case.
265
00:19:27,633 --> 00:19:30,398
Why? I don't think
we even have a case.
266
00:19:31,070 --> 00:19:34,040
All right, so Thayer, he's
a friend of the Rudmans.
267
00:19:34,106 --> 00:19:36,146
He owns a boat and he's a
member of the Pequot Club.
268
00:19:36,175 --> 00:19:37,175
What about it?
269
00:19:37,243 --> 00:19:40,873
He's also a respected
member of the appellate court.
270
00:19:41,247 --> 00:19:44,183
I know he wrote you a glowing
recommendation to this office.
271
00:19:44,250 --> 00:19:46,242
I read it and I
respect your loyalty.
272
00:19:46,318 --> 00:19:48,810
I just don't want any
suggestion of impropriety.
273
00:19:48,888 --> 00:19:50,516
Why? Because you
worked with him?
274
00:19:50,589 --> 00:19:52,922
I've had dinner with he
and his wife, so what?
275
00:19:53,192 --> 00:19:56,720
The best thing we can do for
this office and for Judge Thayer...
276
00:19:57,063 --> 00:20:00,522
is to decide whether we're going
to proceed with this case or not.
277
00:20:00,733 --> 00:20:02,634
So, we try our eyewitness?
278
00:20:04,303 --> 00:20:07,740
No, I am not keen about
the testimony of a 5-year-old.
279
00:20:09,375 --> 00:20:11,844
Put Blanchard
through a photo ID...
280
00:20:11,911 --> 00:20:14,904
and if he can't pick
out Thayer's face...
281
00:20:15,381 --> 00:20:18,943
then this entire
conversation is moot. Yeah.
282
00:20:20,152 --> 00:20:24,146
Until we have a deal in place, my
client doesn't recognize his own mother.
283
00:20:24,323 --> 00:20:26,563
Then let's just send him back
to the bed-and-breakfast...
284
00:20:26,625 --> 00:20:28,093
to serve out his open cases.
285
00:20:28,160 --> 00:20:31,460
Wait a minute. I'm here to
cooperate. If I can ID this guy, I will.
286
00:20:31,530 --> 00:20:33,055
Shut up.
287
00:20:35,434 --> 00:20:37,630
What's in it for
Mr. Blanchard? A walk...
288
00:20:38,003 --> 00:20:40,404
when he picks the right
face out of the array.
289
00:20:40,573 --> 00:20:43,805
What if I don't? It's
worth your while to try.
290
00:20:54,520 --> 00:20:56,011
That's him, I think.
291
00:20:58,724 --> 00:21:00,283
No deals for maybes.
292
00:21:00,392 --> 00:21:02,122
It's him. That's the guy.
293
00:21:02,261 --> 00:21:04,628
You guys did real
good. That's him.
294
00:21:05,264 --> 00:21:06,857
This is a joke, right?
295
00:21:07,266 --> 00:21:09,428
What's Thayer's
picture even doing here?
296
00:21:09,702 --> 00:21:12,729
Just be absolutely
certain, Mr. Blanchard.
297
00:21:14,640 --> 00:21:15,801
It's him.
298
00:21:21,447 --> 00:21:25,111
I don't care who picked his face
out of a precinct family album.
299
00:21:25,284 --> 00:21:28,220
I had lunch with Thayer the day
after he came in with Rudman.
300
00:21:28,287 --> 00:21:30,153
Makes absolutely
no sense at all.
301
00:21:30,222 --> 00:21:32,088
I've seen cases
made without motive.
302
00:21:32,158 --> 00:21:34,889
It's an element in this one and
I'm not going to move without it.
303
00:21:34,960 --> 00:21:36,485
It better be a damned good one.
304
00:21:36,796 --> 00:21:38,856
A friend at the station
just called to warn me.
305
00:21:38,931 --> 00:21:40,900
It's out. Brother.
306
00:21:41,066 --> 00:21:43,865
Who do we pay around
here to keep things private?
307
00:21:44,170 --> 00:21:46,901
I can't comment on the extent
of Judge Thayer's involvement...
308
00:21:46,972 --> 00:21:48,172
Who the hell is that?
309
00:21:48,240 --> 00:21:50,368
Art Diamond,
Blanchard's attorney.
310
00:21:50,442 --> 00:21:52,132
The allegations,
if true, make this
311
00:21:52,156 --> 00:21:54,311
reporter wonder why
no arrest has been made.
312
00:21:54,380 --> 00:21:57,976
Do the close ties between Judge
Thayer and Adam Schiff prevent...
313
00:22:00,519 --> 00:22:02,511
Twenty-five years on the bench.
314
00:22:02,655 --> 00:22:04,590
Cheap shots from a pip-squeak.
315
00:22:05,424 --> 00:22:08,883
Olivet gave some pretty convincing
reasons for Thayer's behavior.
316
00:22:08,961 --> 00:22:10,953
Yeah. Psycho gibberish.
317
00:22:11,030 --> 00:22:14,023
Always the best refuge
for a weak prosecution.
318
00:22:14,133 --> 00:22:17,297
The longer we do nothing, the more it
looks like we have something to hide.
319
00:22:17,369 --> 00:22:19,497
I know, Ben. I know.
320
00:22:22,007 --> 00:22:23,805
Call him in chambers.
321
00:22:24,310 --> 00:22:26,506
So he can surrender himself.
322
00:22:30,583 --> 00:22:33,314
I did nothing wrong, as
the evidence will show.
323
00:22:33,385 --> 00:22:36,184
Judge Thayer, will you
resign? Absolutely not.
324
00:22:36,255 --> 00:22:38,486
The person described in
these charges is a madman.
325
00:22:38,557 --> 00:22:40,836
They hardly fit a respected
member of the appellate court.
326
00:22:40,860 --> 00:22:42,829
Then why would the
DA bring these charges?
327
00:22:42,895 --> 00:22:45,023
No comment. You'll have
your answer soon enough.
328
00:22:45,097 --> 00:22:48,295
The first order of business is to
have these charges dismissed.
329
00:22:48,367 --> 00:22:50,996
Judge Thayer, one
more question... No more.
330
00:22:51,403 --> 00:22:53,702
That's Arthur Gold's
entire modus operandi.
331
00:22:53,772 --> 00:22:57,675
He plants the idea that what we're
doing is persecution, not prosecution.
332
00:22:57,743 --> 00:22:59,006
Right.
333
00:22:59,078 --> 00:23:03,379
Next, he'll cite the number of
times that Thayer has reversed you.
334
00:23:03,816 --> 00:23:07,878
I don't think this has to do
with Ben. It has to do with me.
335
00:23:08,287 --> 00:23:10,984
I had a prior working
relationship with Thayer.
336
00:23:11,123 --> 00:23:15,151
Really? Doing
what? I was his clerk.
337
00:23:15,928 --> 00:23:17,021
And?
338
00:23:19,698 --> 00:23:22,133
Then what's the
problem, Ms. Kincaid?
339
00:23:23,135 --> 00:23:24,728
I had an affair with him.
340
00:23:25,638 --> 00:23:27,334
Well, that's just dandy.
341
00:23:31,710 --> 00:23:36,080
You had an affair? Why the
hell didn't you tell me this?
342
00:23:36,148 --> 00:23:38,743
I told you to take
me off the case.
343
00:23:38,817 --> 00:23:40,513
I would have if I'd known this.
344
00:23:40,586 --> 00:23:43,920
I hoped there was some part of my
personal life I could keep personal.
345
00:23:43,989 --> 00:23:45,082
Great.
346
00:23:46,492 --> 00:23:50,327
The media gets a hold of this.
This is beautiful. Absolutely exquisite.
347
00:23:51,163 --> 00:23:54,327
Obviously, this is partly my
fault. If I'd known the reason...
348
00:23:54,400 --> 00:23:56,767
How the hell do we
keep a lid on this?
349
00:23:58,470 --> 00:24:00,234
Maybe this will help.
350
00:24:00,706 --> 00:24:04,143
It's my letter of resignation.
Effective immediately.
351
00:24:04,243 --> 00:24:05,472
Now, just a minute...
352
00:24:05,544 --> 00:24:07,740
I'll type out a formal
version in the morning.
353
00:24:13,285 --> 00:24:14,810
Quick disposition, Ben.
354
00:24:14,887 --> 00:24:18,824
Every minute these charges linger
is a cloud over my client's good name.
355
00:24:19,191 --> 00:24:22,025
I'll consider a reduced
sentence. That's it.
356
00:24:22,261 --> 00:24:24,628
Ben, go to bed and get up again.
357
00:24:24,697 --> 00:24:29,067
Are you suggesting that your client
did not make Mrs. Rudman's life hell?
358
00:24:29,134 --> 00:24:31,160
Tough to sell
extortion to a jury...
359
00:24:31,236 --> 00:24:34,570
when the complainant appears as
a character witness for the defense.
360
00:24:34,807 --> 00:24:37,436
Yeah, Mrs. Rudman has
expressed absolute willingness...
361
00:24:37,509 --> 00:24:39,705
to testify on behalf
of her dear friend.
362
00:24:39,912 --> 00:24:43,815
Mr. Thayer, there's the
little matter of an eyewitness.
363
00:24:44,817 --> 00:24:48,276
Mr. Blanchard picked your
photo out on the first pass.
364
00:24:48,587 --> 00:24:52,718
Maybe you should speak
to Ms. Kincaid. About what?
365
00:24:54,426 --> 00:24:56,793
Motion to suppress the photo ID.
366
00:24:57,596 --> 00:25:00,998
Unless I missed a ruling from
the nine wise souls in D.C...
367
00:25:01,066 --> 00:25:03,535
Simmons v. US still controls.
368
00:25:04,770 --> 00:25:07,672
"The photographic array was
so impermissibly suggestive...
369
00:25:07,740 --> 00:25:10,608
"as to give rise to a
substantial likelihood...
370
00:25:11,643 --> 00:25:13,441
"of misidentification."
371
00:25:14,279 --> 00:25:16,475
You're suggesting
that we rigged the ID?
372
00:25:16,548 --> 00:25:20,246
Not you, Ben. Claire
Kincaid. See you in chambers.
373
00:25:23,956 --> 00:25:26,721
What she said was that one
of the men in the photos...
374
00:25:26,792 --> 00:25:28,454
was, in fact, the suspect.
375
00:25:28,527 --> 00:25:30,894
I see in Mr. Blanchard's
affidavit...
376
00:25:30,963 --> 00:25:34,991
that Ms. Kincaid promised
him consideration...
377
00:25:35,401 --> 00:25:37,893
"when he picks the right
face out of the book."
378
00:25:37,970 --> 00:25:41,771
Ms. Kincaid's statement is open
to wide interpretation, Your Honor.
379
00:25:41,840 --> 00:25:46,335
But what Mr. Blanchard read into it
was neither stated nor even implied.
380
00:25:46,412 --> 00:25:47,822
How do we know what was stated?
381
00:25:47,846 --> 00:25:49,314
There was no recorder present.
382
00:25:49,381 --> 00:25:52,283
She implied that an
identification was inevitable.
383
00:25:52,351 --> 00:25:53,910
According to Blanchard.
384
00:25:53,986 --> 00:25:55,716
Well, Blanchard doesn't count?
385
00:25:55,788 --> 00:25:58,383
Her statements
were directed at him.
386
00:25:59,158 --> 00:26:01,559
I think it crosses
the line, Ben.
387
00:26:01,660 --> 00:26:04,494
I think it merits a
suppression. The ID's out.
388
00:26:04,563 --> 00:26:07,328
Your Honor, you do
know... Exception noted.
389
00:26:08,567 --> 00:26:12,197
You fumbled the ball, and Arthur
Gold takes it for a touchdown.
390
00:26:12,271 --> 00:26:13,603
I don't agree.
391
00:26:13,672 --> 00:26:16,267
I think we have enough left
for a strong circumstantial case.
392
00:26:16,341 --> 00:26:19,743
You go after big game, you
bring it down with your first shot.
393
00:26:19,912 --> 00:26:23,815
Every jurist in the state can't
wait for this thing to go away.
394
00:26:24,049 --> 00:26:27,247
Yeah, and Thayer's ruled
on over 2,000 appeals.
395
00:26:27,319 --> 00:26:28,844
And the minute
we take him down...
396
00:26:28,921 --> 00:26:30,981
every one of those appeals
is called into question.
397
00:26:31,056 --> 00:26:34,026
But if we back down now, it
looks like we're bowing to pressure.
398
00:26:35,194 --> 00:26:36,492
Yeah.
399
00:26:36,962 --> 00:26:39,955
It's a service for Ms.
Kincaid. I'll take it.
400
00:26:49,007 --> 00:26:51,909
She's being brought before
the disciplinary committee...
401
00:26:51,977 --> 00:26:53,468
on charges of misconduct.
402
00:26:53,545 --> 00:26:57,073
Now, why would Arthur Gold want to
waste his time getting her disbarred?
403
00:26:57,249 --> 00:26:58,979
It's not Gold. It's Thayer.
404
00:26:59,852 --> 00:27:02,481
He says that she
concocted the whole thing...
405
00:27:03,088 --> 00:27:05,114
because he had spurned...
406
00:27:05,757 --> 00:27:07,555
her sexual advances.
407
00:27:16,668 --> 00:27:18,762
There's actually
something to this?
408
00:27:22,040 --> 00:27:24,908
Clerking for him was my
first job out of law school.
409
00:27:25,244 --> 00:27:28,146
Everyone wanted it,
and suddenly I was there.
410
00:27:28,580 --> 00:27:32,540
And he reminded you how lucky
you were. How you owed him.
411
00:27:33,519 --> 00:27:35,920
No, he was much
subtler than that.
412
00:27:36,321 --> 00:27:38,722
From the beginning, he
treated me like his peer.
413
00:27:38,790 --> 00:27:40,190
He listened to my opinions.
414
00:27:40,259 --> 00:27:42,819
He acted on my
suggestions. Smart.
415
00:27:43,128 --> 00:27:45,859
He knew you had
an "A" student's ego.
416
00:27:46,832 --> 00:27:48,460
He was smart.
417
00:27:49,101 --> 00:27:51,070
He was also...
418
00:27:51,503 --> 00:27:54,132
powerful and seductive.
419
00:27:56,542 --> 00:28:00,809
Small intimate dinners,
but always related to work.
420
00:28:05,083 --> 00:28:08,281
I was fool enough to believe
he really cared about me.
421
00:28:10,589 --> 00:28:13,491
Finally, he invited
me to his boat...
422
00:28:13,559 --> 00:28:16,723
where he stays when it's too
late to commute to his home.
423
00:28:17,095 --> 00:28:20,691
That's how it began.
How long did it last?
424
00:28:22,668 --> 00:28:24,102
Three months.
425
00:28:26,805 --> 00:28:29,741
You'll have to admit all
of this publicly, Claire.
426
00:28:30,409 --> 00:28:32,173
I don't think I can.
427
00:28:32,444 --> 00:28:35,004
If you don't, you'll
never get past it...
428
00:28:35,314 --> 00:28:37,579
even if you can
practice law again.
429
00:28:45,290 --> 00:28:47,850
Like any rookie prosecutor,
she paid her dues.
430
00:28:48,026 --> 00:28:50,928
ECAB during holidays,
and night arraignment.
431
00:28:50,996 --> 00:28:53,693
Were you satisfied with
her performance? Absolutely.
432
00:28:53,765 --> 00:28:57,258
She made Felony Assistant
in well under the usual time.
433
00:29:00,639 --> 00:29:03,006
Are you aware that the two
investigating detectives...
434
00:29:03,075 --> 00:29:06,102
gave Ms. Kincaid three
possible suspects? Yes, sir.
435
00:29:06,478 --> 00:29:10,142
Excluding Mr. Thayer, were the
remaining two suspects ever questioned?
436
00:29:10,549 --> 00:29:11,642
No, sir.
437
00:29:11,717 --> 00:29:14,277
Were photos of these two men
included in any photo array...
438
00:29:14,353 --> 00:29:17,152
that was shown to
Mr. Blanchard? No, sir.
439
00:29:18,690 --> 00:29:20,283
Nothing further.
440
00:29:20,559 --> 00:29:23,495
For many years, I declined
to hire female law clerks.
441
00:29:23,562 --> 00:29:26,361
I was concerned with the
appearance of propriety.
442
00:29:26,632 --> 00:29:29,796
What changed your mind,
sir? Colleagues pointed out...
443
00:29:29,868 --> 00:29:33,168
that qualified women candidates
were being denied opportunities.
444
00:29:33,538 --> 00:29:36,940
Did there come a time when you
lifted your ban on women as clerks?
445
00:29:37,009 --> 00:29:40,070
On general assignment
clerks of the court, yes.
446
00:29:40,679 --> 00:29:43,239
Ms. Kincaid proved
an able attorney.
447
00:29:43,782 --> 00:29:45,512
She was bright, aggressive.
448
00:29:46,018 --> 00:29:48,613
In fact, she sought
a heavier caseload.
449
00:29:48,720 --> 00:29:52,487
Did you have occasion to assign
Ms. Kincaid to any of your own matters?
450
00:29:52,557 --> 00:29:56,085
I did, and I was pleased
with her performance, at first.
451
00:29:57,429 --> 00:30:00,456
But then, a situation
developed. How so?
452
00:30:00,966 --> 00:30:04,130
Ms. Kincaid was constantly
asking about my marriage...
453
00:30:04,202 --> 00:30:06,103
whether my wife
and I were happy.
454
00:30:06,171 --> 00:30:08,572
It became obvious that
she was attracted to me.
455
00:30:08,640 --> 00:30:12,702
How did she make it obvious?
One evening, we were working late...
456
00:30:13,445 --> 00:30:17,815
and she was standing next to
me. She began to kiss my neck.
457
00:30:19,551 --> 00:30:22,783
I asked her to stop. How
did Ms. Kincaid react?
458
00:30:23,655 --> 00:30:26,352
She stopped but her
advances continued.
459
00:30:27,159 --> 00:30:31,096
The more I refused, the
more threatening she became.
460
00:30:31,730 --> 00:30:35,132
Threatening? How? She
threatened to tell my wife...
461
00:30:35,200 --> 00:30:38,796
that we were having an affair.
How long did this behavior continue?
462
00:30:38,870 --> 00:30:41,203
I suggested that she join
the District Attorney's office...
463
00:30:41,273 --> 00:30:43,674
before the completion
of her full term.
464
00:30:44,276 --> 00:30:46,006
I wanted to get rid of her.
465
00:30:46,345 --> 00:30:49,838
I was very relieved
when she made her move.
466
00:30:56,188 --> 00:31:00,922
Ms. Kincaid made
sexual overtures...
467
00:31:01,159 --> 00:31:04,789
threatened your reputation,
yet you didn't fire her?
468
00:31:05,530 --> 00:31:07,692
My attorney was concerned
that this would result...
469
00:31:07,766 --> 00:31:10,326
in a gender discrimination suit.
470
00:31:10,402 --> 00:31:12,837
Well, did you discuss the
matter with anyone else?
471
00:31:12,904 --> 00:31:15,135
My attorney and my own clerk.
472
00:31:16,174 --> 00:31:18,541
But I never referred to
Ms. Kincaid by name.
473
00:31:18,610 --> 00:31:20,704
- How convenient.
- Objection.
474
00:31:21,079 --> 00:31:22,411
Withdrawn.
475
00:31:23,915 --> 00:31:27,408
He taught me to think like a
lawyer. Simply, concisely...
476
00:31:27,486 --> 00:31:29,751
so that logic isn't
lost in the noise.
477
00:31:29,888 --> 00:31:33,723
Anything else? Never
to avoid a tough call.
478
00:31:33,892 --> 00:31:37,329
And the decision to indict
Mr. Thayer, whose was that?
479
00:31:37,529 --> 00:31:39,259
It was Ben Stone's.
480
00:31:39,364 --> 00:31:42,562
I believed the evidence
supported the charges. I still do.
481
00:31:42,634 --> 00:31:45,331
Have you been on board the
Barbara Allen, Ms. Kincaid?
482
00:31:45,470 --> 00:31:48,440
Yes. He invited me
several times for dinner.
483
00:31:48,907 --> 00:31:52,105
Working dinners?
No, romantic dinners.
484
00:31:52,878 --> 00:31:55,177
Did you sleep with
Judge Thayer? Objection.
485
00:31:55,414 --> 00:31:56,746
Overruled.
486
00:31:59,651 --> 00:32:01,017
Yes, I did.
487
00:32:01,420 --> 00:32:03,787
Who initiated the
affair, Ms. Kincaid?
488
00:32:04,156 --> 00:32:08,116
Thayer did, but in all fairness,
I permitted it to continue.
489
00:32:08,427 --> 00:32:10,157
Over what period of time?
490
00:32:10,262 --> 00:32:11,787
It lasted for three months.
491
00:32:11,963 --> 00:32:13,158
Who ended it?
492
00:32:13,532 --> 00:32:17,526
I did. I saw the effect it was
having on Joel and myself.
493
00:32:18,437 --> 00:32:19,962
Please explain.
494
00:32:20,472 --> 00:32:24,466
He became very
possessive, unreasonable...
495
00:32:25,343 --> 00:32:28,472
and when I wanted to break
it off, he became threatening.
496
00:32:34,252 --> 00:32:35,845
And the fact that
you considered...
497
00:32:35,921 --> 00:32:37,890
Judge Thayer unreasonable
and threatening...
498
00:32:37,956 --> 00:32:42,553
is that what lead you to taint evidence
and pursue a malicious prosecution?
499
00:32:42,928 --> 00:32:47,423
No, my feelings had no bearing
on my conduct as a prosecutor.
500
00:32:49,601 --> 00:32:52,799
Then you're a better person
than I am, Ms. Kincaid.
501
00:32:57,342 --> 00:32:59,334
Well, frankly, I'm glad
they only censured you.
502
00:32:59,411 --> 00:33:01,312
I thought you'd be disbarred.
503
00:33:01,379 --> 00:33:04,577
Ben, not only did that man
lie about me on the stand...
504
00:33:04,649 --> 00:33:06,982
but censure still prevents
me from practicing law...
505
00:33:07,052 --> 00:33:08,782
unless the committee
decides to lift it.
506
00:33:08,854 --> 00:33:11,153
So you file an immediate appeal.
507
00:33:11,223 --> 00:33:13,317
You think it's worth the paper?
508
00:33:16,862 --> 00:33:20,321
It'll be reviewed by Thayer's
court. You got to do something.
509
00:33:26,004 --> 00:33:29,202
Well, what brings you?
The chance to gloat?
510
00:33:31,309 --> 00:33:34,211
I noticed the "for sale"
sign when I came aboard.
511
00:33:34,279 --> 00:33:37,249
She'll bring half of what I
need for my divorce attorney.
512
00:33:37,415 --> 00:33:39,111
You weren't the
best I've ever had...
513
00:33:39,184 --> 00:33:41,119
but you're proving to
be the most expensive.
514
00:33:41,186 --> 00:33:43,655
So how will you make
it up? Janet Rudman?
515
00:33:44,456 --> 00:33:48,791
Don't try some little game.
You still want her, don't you?
516
00:33:49,027 --> 00:33:51,326
Hey, you want real trouble?
517
00:33:51,396 --> 00:33:53,365
What are you going to
threaten me with, Joel?
518
00:33:53,431 --> 00:33:55,900
I'm a censured lawyer
and you're barely a judge.
519
00:33:55,967 --> 00:33:59,631
You little bitch. No husband
you could threaten to tell.
520
00:33:59,704 --> 00:34:01,366
No child you could
threaten with harm.
521
00:34:01,439 --> 00:34:04,068
That's right. But I
learned my lesson.
522
00:34:05,310 --> 00:34:07,905
Now get the hell off my
boat and stay out of my life!
523
00:34:07,979 --> 00:34:09,880
There are some
things I won't allow.
524
00:34:09,948 --> 00:34:13,476
No, Joel. There's just
certain things you can't control.
525
00:34:20,125 --> 00:34:22,321
I understand you've
been censured.
526
00:34:22,627 --> 00:34:25,119
Doesn't that mean you
have no right to question me?
527
00:34:25,196 --> 00:34:26,323
Yes.
528
00:34:26,398 --> 00:34:28,890
Then I don't see why we
have any reason to talk.
529
00:34:28,967 --> 00:34:30,833
We've shared a common problem.
530
00:34:30,902 --> 00:34:33,838
Sleeping with Joel Thayer.
Joel warned me about you.
531
00:34:33,905 --> 00:34:36,875
Yeah. He probably said that I was
out of control, as opposed to you.
532
00:34:36,942 --> 00:34:39,207
What the hell do you
mean saying these things?
533
00:34:39,277 --> 00:34:42,247
I know you were having an affair
with him and I know you wanted out.
534
00:34:42,314 --> 00:34:44,977
That's when the things started
happening with Laura, didn't they?
535
00:34:45,050 --> 00:34:49,010
That is all past.
Just leave me alone.
536
00:34:49,087 --> 00:34:51,522
It's all past because, apparently,
you went back with him.
537
00:34:51,590 --> 00:34:52,717
Now, did you want to?
538
00:34:52,791 --> 00:34:55,920
Listen, you've been
stupid, I've been stupid.
539
00:34:56,127 --> 00:34:59,291
I don't want to ruin my marriage.
Please, don't do this to me.
540
00:34:59,364 --> 00:35:03,631
Yeah, I was stupid, but this isn't
going to end until you tell the truth.
541
00:35:03,702 --> 00:35:05,034
You're desperate.
542
00:35:05,103 --> 00:35:07,902
You just want to put him in jail
so you can restore your reputation.
543
00:35:07,973 --> 00:35:11,341
Yes, I want to restore my
reputation. But what about yours?
544
00:35:11,876 --> 00:35:13,606
What about your marriage?
545
00:35:24,856 --> 00:35:27,951
What is this, ambush law?
Joel, keep your coat on.
546
00:35:28,026 --> 00:35:31,019
I have nothing to hide.
What's she doing here?
547
00:35:31,096 --> 00:35:32,758
Ms. Kincaid is a witness, sir.
548
00:35:32,831 --> 00:35:35,824
We are re-presenting our
charges to the grand jury.
549
00:35:36,701 --> 00:35:39,296
Janet, you can't
possibly be a part of this.
550
00:35:39,371 --> 00:35:40,805
Joel, let's just
get out of here.
551
00:35:40,872 --> 00:35:45,037
Mr. Thayer, I'm giving you
an opportunity not to go to trial.
552
00:35:47,045 --> 00:35:48,673
Let's go, Arthur.
553
00:35:49,848 --> 00:35:54,115
Ben, I don't know what you think
you're up to, but neither this one...
554
00:35:54,185 --> 00:35:56,745
nor Ms. Kincaid
ever takes the stand.
555
00:36:04,829 --> 00:36:07,230
Arthur, you're swimming
in quicksand here.
556
00:36:07,298 --> 00:36:10,530
Your client as much as
admitted his guilt to Claire Kincaid.
557
00:36:10,602 --> 00:36:13,197
Well, you can bet no jury is
ever going to hear that testimony.
558
00:36:13,271 --> 00:36:16,207
You want to lay odds?
I heard that, Arthur.
559
00:36:16,341 --> 00:36:18,381
How much of this argument
took place in the hallway?
560
00:36:18,410 --> 00:36:21,403
Your Honor, when Ms.
Kincaid interrogated my client...
561
00:36:21,646 --> 00:36:25,242
he was still protected by Miranda.
He'd never waived those rights.
562
00:36:25,316 --> 00:36:28,684
Ergo, any statements he made
to Ms. Kincaid are inadmissible.
563
00:36:28,753 --> 00:36:31,689
And since Janet Rudman came
forward as a result of those statements...
564
00:36:31,756 --> 00:36:34,248
her testimony is
inadmissible, too.
565
00:36:34,993 --> 00:36:37,690
At the very least, Ben, I think
you'd instruct your assistants...
566
00:36:37,762 --> 00:36:40,596
about questioning defendants
outside the presence of their attorneys.
567
00:36:40,665 --> 00:36:43,134
Your Honor, Claire, she
did this on her own accord.
568
00:36:43,201 --> 00:36:45,534
Our office never asked her to
talk to Thayer or Ms. Rudman.
569
00:36:45,603 --> 00:36:47,834
That doesn't even
pass the laugh test, Ben.
570
00:36:47,906 --> 00:36:49,898
Claire Kincaid's a
member of your office.
571
00:36:49,974 --> 00:36:53,934
She was. Prior to the committee's
censure, she offered her resignation.
572
00:36:54,012 --> 00:36:56,572
This is bootstrapping,
Your Honor.
573
00:36:56,648 --> 00:36:59,243
Arthur, you're not
playing to a jury.
574
00:36:59,951 --> 00:37:03,115
I assume you have proof
of Ms. Kincaid's resignation?
575
00:37:03,188 --> 00:37:05,919
Yes, sir. A letter
dated four weeks ago.
576
00:37:13,098 --> 00:37:15,693
Ms. Kincaid acted
as a private person...
577
00:37:16,000 --> 00:37:20,233
and as such is unfettered by the
restraints of the Miranda decision.
578
00:37:26,244 --> 00:37:30,511
We met Joel Thayer and his wife
six years ago on vacation in Barbados.
579
00:37:30,615 --> 00:37:32,743
Did you become
friends with the Thayers?
580
00:37:32,817 --> 00:37:36,618
We shared a social
life, we traveled together.
581
00:37:37,088 --> 00:37:41,025
I always assumed that
we were very close friends.
582
00:37:41,126 --> 00:37:42,822
At one point,
didn't you learn...
583
00:37:42,894 --> 00:37:46,387
that Joel Thayer had intimate
relations with your wife?
584
00:37:46,598 --> 00:37:48,829
Yes. When Janet told me.
585
00:37:48,900 --> 00:37:52,393
Objection. Hearsay.
No. I'll allow it.
586
00:37:52,704 --> 00:37:55,606
Mr. Rudman, how did
you react to this news?
587
00:37:57,609 --> 00:38:00,135
I was furious with my wife...
588
00:38:01,146 --> 00:38:04,605
and devastated at being
deceived by a supposed friend.
589
00:38:05,350 --> 00:38:09,344
Did you ever come to terms with
this affair that your wife was having?
590
00:38:11,422 --> 00:38:14,950
I told my wife that I could
forgive her adultery...
591
00:38:16,795 --> 00:38:20,254
but that I could not tolerate her
continuing to protect Joel Thayer...
592
00:38:20,331 --> 00:38:25,133
after he had subjected
us to a campaign of terror.
593
00:38:26,237 --> 00:38:28,604
Thank you. Your witness.
594
00:38:32,710 --> 00:38:35,646
This alleged
campaign of terror...
595
00:38:36,114 --> 00:38:38,743
you witnessed it
yourself, Mr. Rudman?
596
00:38:39,551 --> 00:38:40,575
No...
597
00:38:40,652 --> 00:38:44,020
So you simply accepted
your wife's version of events?
598
00:38:44,322 --> 00:38:46,484
I believe my wife
is telling the truth.
599
00:38:46,624 --> 00:38:47,624
Uh-huh.
600
00:38:47,892 --> 00:38:51,693
How long was it that your wife
deceived you with Joel Thayer?
601
00:38:53,097 --> 00:38:56,795
She said that they had been
involved for a little over a year.
602
00:38:56,868 --> 00:38:58,803
Thirteen, fourteen months...
603
00:38:59,571 --> 00:39:03,064
during which time she never
told you anything about the affair...
604
00:39:03,208 --> 00:39:04,574
or the attacks?
605
00:39:05,877 --> 00:39:07,209
No.
606
00:39:07,278 --> 00:39:10,646
Isn't it true, sir, that she
confessed this infidelity...
607
00:39:10,715 --> 00:39:13,150
just as it was about to
become public knowledge?
608
00:39:13,218 --> 00:39:17,212
Objection, Your Honor. He is
asking for the declarant's state of mind.
609
00:39:18,957 --> 00:39:20,289
Overruled.
610
00:39:21,826 --> 00:39:23,488
I suppose so, yes.
611
00:39:23,695 --> 00:39:26,824
In fact, you know so, sir.
612
00:39:32,370 --> 00:39:33,963
Come in.
613
00:39:38,877 --> 00:39:40,470
How's it going?
614
00:39:43,414 --> 00:39:46,213
A circumstantial case
against Arthur Gold.
615
00:39:48,820 --> 00:39:51,722
I've spoken to someone
who wants to be a witness.
616
00:39:52,023 --> 00:39:55,653
Well, an addition to the
witness list at this late date...
617
00:39:56,494 --> 00:39:58,963
it means a
head-to-head with Gold.
618
00:40:00,164 --> 00:40:02,133
Is this person worth it?
619
00:40:02,433 --> 00:40:04,664
She's potentially devastating.
620
00:40:06,037 --> 00:40:07,665
Your Honor, we've
received word...
621
00:40:07,739 --> 00:40:09,833
that Mrs. Thayer
is willing to testify.
622
00:40:09,908 --> 00:40:12,935
That's outrageous. Her name was
never on the People's witness list.
623
00:40:13,011 --> 00:40:16,914
We all know that your client is
protected by spousal privilege.
624
00:40:17,015 --> 00:40:18,745
You better have
something new, Counselor.
625
00:40:18,816 --> 00:40:21,718
We've learned that Mrs. Thayer
was aware of her husband's attempts...
626
00:40:21,786 --> 00:40:23,345
to terrorize Janet Rudman.
627
00:40:23,421 --> 00:40:26,619
I hold marital
confidence near and dear.
628
00:40:27,125 --> 00:40:32,063
Nothing Mrs. Thayer says can issue from
communication between husband and wife.
629
00:40:32,730 --> 00:40:34,722
I understand, Your Honor.
630
00:40:35,400 --> 00:40:38,427
Mrs. Thayer, without
betraying any confidences...
631
00:40:38,503 --> 00:40:41,735
did you know that your
husband was having an affair?
632
00:40:42,006 --> 00:40:45,602
I had suspicions. What
prompted these suspicions?
633
00:40:45,877 --> 00:40:47,743
Joel became erratic...
634
00:40:48,012 --> 00:40:51,540
started missing appointments,
misplacing papers.
635
00:40:51,616 --> 00:40:54,108
That sort of thing.
Anything else?
636
00:40:54,285 --> 00:40:56,277
In a strange way, he became...
637
00:40:56,955 --> 00:40:59,720
more affectionate, open.
638
00:41:00,458 --> 00:41:03,917
He told me I was the most
important thing in his life.
639
00:41:05,430 --> 00:41:09,060
My husband usually had a difficult
time articulating his emotions.
640
00:41:09,133 --> 00:41:12,592
How did you respond to
these new displays of affection?
641
00:41:12,937 --> 00:41:16,237
I loved it. I tried to help him.
642
00:41:16,341 --> 00:41:19,573
Keep things organized,
the way he liked them.
643
00:41:20,044 --> 00:41:22,570
Did you organize
things on his boat?
644
00:41:22,647 --> 00:41:25,947
I thought he'd begun
keeping a scrapbook.
645
00:41:27,185 --> 00:41:29,780
There were clippings
from various magazines.
646
00:41:29,854 --> 00:41:34,087
You could see where the words had
been cut out. I put them away for him.
647
00:41:34,692 --> 00:41:38,788
Are these the clippings, marked
People's Exhibit One for identification...
648
00:41:38,863 --> 00:41:42,163
that you found on the boat? Yes.
649
00:41:43,568 --> 00:41:46,663
Your Honor, request that People's
One be moved into evidence.
650
00:41:46,871 --> 00:41:49,864
Voir dire, I expect,
Counselor? Yes, Your Honor.
651
00:41:49,941 --> 00:41:52,809
Mrs. Thayer, are you
saying that only now...
652
00:41:52,877 --> 00:41:55,745
do you realize the
significance of these clippings?
653
00:41:57,682 --> 00:41:59,913
I was a good wife to him.
654
00:42:00,885 --> 00:42:02,979
As far as I'm concerned...
655
00:42:03,788 --> 00:42:05,984
he deserves whatever he gets.
656
00:42:12,830 --> 00:42:14,856
No objections, Your Honor.
657
00:42:19,203 --> 00:42:23,299
Arthur, your client has 30
years of IOU's to pick up on.
658
00:42:23,374 --> 00:42:25,934
We go in that courtroom,
the gloves are off.
659
00:42:26,010 --> 00:42:29,708
Five years, suspended,
he resigns from the bench.
660
00:42:30,148 --> 00:42:33,380
He gives up his license to
practice law, three-to-nine.
661
00:42:33,451 --> 00:42:36,353
Not a chance, Ben. He has to
have something to come back to.
662
00:42:36,421 --> 00:42:38,356
Except as a
criminal defendant...
663
00:42:38,423 --> 00:42:41,052
he never sets foot
in a courtroom again.
664
00:42:41,426 --> 00:42:45,090
No room in that cold, prosecutor's
heart for a little compassion?
665
00:42:45,163 --> 00:42:48,190
Yes, sir. I have compassion
for the criminal justice system.
666
00:42:48,266 --> 00:42:50,098
It deserves better
than Joel Thayer.
667
00:42:50,168 --> 00:42:54,572
One-to-three on attempt grand
larceny two. He maxes out in 18 months.
668
00:42:56,707 --> 00:43:00,405
He allocutes to all
the facts. Full record.
669
00:43:03,481 --> 00:43:06,713
You understand that your
plea has the same effect...
670
00:43:06,784 --> 00:43:08,980
as a jury's verdict of guilty?
671
00:43:09,654 --> 00:43:11,020
Yes, Your Honor.
672
00:43:11,722 --> 00:43:14,191
Do the People wish to
enquire? Yes, Your Honor.
673
00:43:14,258 --> 00:43:17,786
Mr. Thayer, for the record,
please describe what happened.
674
00:43:19,197 --> 00:43:21,063
I pursued Janet Rudman.
675
00:43:22,400 --> 00:43:24,028
I wanted to see her.
676
00:43:24,202 --> 00:43:26,967
In what manner did
you pursue her, sir?
677
00:43:28,906 --> 00:43:31,034
I phoned her at her house.
678
00:43:31,375 --> 00:43:34,140
I followed her on the street.
679
00:43:34,779 --> 00:43:38,739
What did you do next, sir?
You have to understand...
680
00:43:39,117 --> 00:43:41,211
that I was under
a lot of stress.
681
00:43:42,720 --> 00:43:44,120
I wasn't myself.
682
00:43:44,188 --> 00:43:47,920
Mr. Thayer, did you
threaten Mrs. Rudman's child?
683
00:43:52,697 --> 00:43:55,189
Janet knows I never
meant any harm.
684
00:43:55,266 --> 00:43:57,064
Your Honor,
this is insufficient.
685
00:43:57,268 --> 00:44:00,466
Either the defendant allocutes to
all the elements of each offense...
686
00:44:00,538 --> 00:44:03,303
or the People
withdraw their plea offer.
687
00:44:04,976 --> 00:44:09,380
I regret any distress my
actions may have caused.
688
00:44:09,947 --> 00:44:12,178
Approach. You, too, Mr. Thayer.
689
00:44:15,987 --> 00:44:20,186
Your Honor, the defendant is behaving
as if someone else performed these acts.
690
00:44:20,258 --> 00:44:22,318
You want him on his
knees, Ben? Walter...
691
00:44:22,393 --> 00:44:24,453
Judge Schreiber to you.
692
00:44:24,862 --> 00:44:28,765
Now, I've heard all the dodging
and weaving I can take on this one.
693
00:44:28,833 --> 00:44:30,961
You wore the same robe I do.
694
00:44:31,269 --> 00:44:34,364
You know the drill. Now,
if you want to dance...
695
00:44:34,539 --> 00:44:38,237
you can come back and
dance at a trial. So, let's hear it.
696
00:44:38,876 --> 00:44:40,105
All of it.
697
00:45:04,936 --> 00:45:08,065
In an effort to convince...
698
00:45:09,106 --> 00:45:11,007
Janet Rudman of my love...
699
00:45:11,075 --> 00:45:14,341
of the sincerity of
that love... Your Honor.
700
00:45:14,412 --> 00:45:16,904
Describe your
actions, Mr. Thayer.
701
00:45:22,520 --> 00:45:24,648
I just wanted to scare her.
702
00:45:25,990 --> 00:45:28,960
If I scared her, then
she couldn't leave me.
703
00:45:31,062 --> 00:45:33,964
She would always come
to me, always need me.
704
00:45:36,601 --> 00:45:40,265
I never... I never
meant to hurt anyone.
705
00:45:40,338 --> 00:45:43,001
Mr. Thayer, sir...
706
00:45:44,342 --> 00:45:46,072
for the last time...
707
00:45:46,577 --> 00:45:48,705
for the very last time...
708
00:45:50,181 --> 00:45:52,878
did you threaten to harm...
709
00:45:53,618 --> 00:45:55,246
Mrs. Rudman's child?
710
00:46:00,057 --> 00:46:02,356
I require an answer.
711
00:46:07,965 --> 00:46:09,194
Yes.58323
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