All language subtitles for law.and.order.s05e03.1080p.bluray.x264-segment

NARRATOR:
In the criminal justice system

the people are represented by two separate
yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

RON: But | have a guaranteed
reservation for a suite.

I'm sorry, sir, but as of midnight
the computers moved your suite

into the pool of assignable rooms.
Ron...

| called from the plane.
| talked to someone.

IRENE: Ron, please,
this isn't helping anything.

Look, what do we need, a note from the pilot
saying why we didn't make it?

IRENE: This isn't helping anything.
RON: Don't you
start on me, too.

Just let me deal
with this gentleman.

Excuse me, sir,
can | help you?

{IRENE GASPING)

| thought he was drunk.

We get all kinds wandering in here
at this hour of the morning.

Maybe this one
wandered in from your bar.

No, the bar is over there.

He was coming from upstairs.

Detective, how much longer
is this going to take?

Our guests are quite sensitive
to this kind of thing.

Yeah, especially this guest.

In his pocket.
No ID, no wallet.

Any way to find out
what room this belongs to.

No, they're untraceable.

A security precaution.

I'm sure he appreciated it.

Hey, next time there's a heart attack
at 3:00 in the morning,

why don't you call it
into the 2-0?

| didn't know
what we got here.

Before he keeled over, did you notice if he
was holding his left arm?

No, he just looked drunk.

BRISCOE:
Was he slurring his words?

JENSEN:
No, he was trying to speak.

Could be a stroke.

Yeah.
How about a stroke of lead?

Look at that.

Jeez.

Blink once and you'd miss it.

Must be a small caliber.

There's no exit wound.

Could be a .22.
That'll do it.

Ping-pongs off his vitals,
all the bleeding's internal.

Great.

| liked him better
when he had a heart attack.

Just making sure that
everything's okay here.

Okay. 524's next.

You know, there's gotta be
an easier way than this.

Go ahead, open it.

My, my, what a mess.

Okay, what do you got?

Shiunro Hayashi.

Room's charged to a corporate
credit card from a...

Ingoyo Leisure Company.

Tokyo address.

Phone cord's
pulled out of the wall.

Look what's sitting
right in front of me.

A wallet.

Okay.

Picture ID, and it's him.

Credit cards, receipt from a traveler's check,
and there's no cash.

And we have a shell casing.

22

Is this starting
to remind you of something?

Couple of weeks ago a German tourist
got a surprise visit, right?

That was
one of the Barrington hotels.

Midtown
and definitely mid-range.

The rumor about that
is that it was an inside job.

We're going to need a list
of all your employees.

And we're gonna want to talk to everybody
who's staying on this floor.

I'm sure the Barrington wasn't put through this
sort of inconvenience.

Nobody left the Barrington
in a bag.

I've got calls
from the Asahi Shimbun,

the Nippon Weekly,
the Japan Times,

and that's not counting the Japanese consulate
climbing all over us.

Yeah, great. They can help us sort through the 85 sets
of fingerprints.

Okay, there's no calls
from his room after 5:00.

No one on the floor saw anything go in
or out of his room

and no one heard anything.

And no forced entry.

At the Barrington, didn't the robber
talk his way in?

Yeah, he identified himself
as hotel maintenance.

German tourist lets him in,
gets pistol-whipped.

Hayashi has no bruises, but he gets a slug
through the armpit.

Maybe that's what it took.

Seems this guy
was carrying a wad.

According to the travelers’ check company, Hayashi
cashed 10 grand yesterday

at the front desk.

That's a lot
of walking around money.

| bet someone at the front desk
thought so, too.

TEAGLE: You'd be amazed how many guests
come back an hour later

claiming we shorted them.

This put an end to that.

Hayashi, 10:08.
$10,000 and your signature.

Anybody else who might know how much
Hayashi was carrying?

Anyone in tipping range.

He was unusually generous.

You've got other receipts here
with someone else's signature.

Danny Zabel.
| was training him.

| had to make him forget everything he learned
at the Barrington.

LOGAN: According
to the manager,

you were with him when he helped the victim
cash some travelers’ checks?

He was Japanese.

Hayashi?

| guess.
| don't really remember.

You were working
at the Barrington, midtown,

when a similar robbery
happened, right?

Look, at the Barrington the police talked
to everybody, all right?

| wasn't even in town
when that happened.

So it's for no particular reason that
you're not there anymore?

| was laid off.

It happens.

They told us you quit
a week after the robbery.

Let me tell you something,
Danny.

Robberies happen
all the time.

Now, maybe the detectives down at the Barrington
let things slide,

but we don''t.

We want the shooter, big guy.

1 don't know, I...
Good, we'll take you.

You're just as good for it.

Hold on.
All right, all right.

You were saying?

The stupid idiot. He wasn't supposed
to kill anybody.

Who?

Charlie Kett.

He's my brother-in-law.

He got out of prison
six months ago.

He says | gotta help him or he takes it out
on my sister.

Hey, hey, Mikey, heard you got one
handed to you, huh?

Yeah. For once,
we did something right.

It should be big news
in Tokyo.

A slightly late
Detective Logan.

Mr. Nakahara
from the Japanese consulate.

He's here
for Mr. Hayashi's remains.

How are you?

Lieutenant Van Buren tells me
you are making progress.

| have great respect
for the New York police.

| am sure you will solve
this terrible crime.

So are we.

In Japan,
murders are so unusual,

each one can receive the full attention
of the police.

Mr. Nakahara, we may be overworked
and understaffed,

but we sure do like to catch murderers,
no matter who they Kkill.

Yes. Let me know when we can take possession
of the remains.

Of course.
Thank you.

Nice guy.

Probably thinks you have to be born eating sushi
to get the job done.

Maybe a little brain food
wouldn't hurt.

We located Charles Kett.

He's been in Rikers
since yesterday afternoon.

Picked up on a DWI,
with outstanding warrants.

So if Kett was locked up,
that leaves us with Zabel.

| don't quite picture Mighty Mouse robbing
Hayashi by himself.

We'll hold him as Kett's accomplice
on the Barrington job.

Maybe the shooter's someone Hayashi brought back
to the hotel.

Walk in his shoes.

See who turns up.

What's the deal, Mike?

Your favorite uncle
died at Pearl Harbor?

It's their attitude.

They think they're better
than everybody else.

Masters of the universe.

Doesn't that bother you?

No, what bothers me is some kid heisting my car
for a living

because nobody taught him
how to read.

Lighter than air.

Jacket alone
must be worth two grand.

You believe this is what he wears
to go hit some balls?

Golf Land.
Indoor driving range.

West 34th.

6:00 p.m.,
that's the day he got shot.

Well, look around.

Someone of the Japanese persuasion
would hardly stand out.

Well, what if | told you that Mr. Hayashi
is a very big tipper?

Would that jog your memory?

Yeah, | remember him now.

Actually,
| remember his friend.

A woman?
No, a black guy.

You don't often see
a twosome like that.

He gave me his card.

| think | still have his number
around here somewhere.

| booked some piano players
for his clubs in Tokyo.

| don't know if it's because they saw
Casablanca too many times,

but a cat who can hum
As Time Goes By

can make a very decent living
over there.

So you talked about
lounge acts?

He was also interested in singers,
of the white female variety.

After golf
what else was on the menu?

He invited me along
for some socializing.

The man has...
had a lot of energy.

|, on the other hand,
have a wife.

My condolences.

Any idea
where Hayashi was heading?

Club in midtown.
The East-West.

Said | wouldn't be
disappointed.

KENDRICK: The Japanese are about the last people in
America who still eat steak.

Yeah, and about the only people
who pay $75 for prime rib.

They pay twice
that much in Tokyo.

Anyway, it's all
on their expense account.

This is where
they do business.

They relax, close a couple of deals,
and the wives stay at home.

So was Hayashi closing any deals
the other night?

It was a social call.

| met him in Tokyo
about three years ago.

That's where | got the idea.

| saw how he ran his club, and | figured with all
the Japanese over here,

they need a place
where they feel at home.

At home? Look at this.

You got American songs,
girls, food.

What's home about that?

People think they want to bring
America to its knees, uh-uh?

They wanna be America.

They prefer their scotch mellow,
and their women blonde.

How about Hayashi?
Did he leave alone?

Are you kidding?

A guy like him?

He was with one
of the waitresses, Suzy.

| think they might've
left together.

| saw her in the back.
She's cashing out.

Sure, | was with him.

That makes me guilty
of bad taste, not murder.

The United Nations thing
didn't work out?

We understood
each other perfectly.

He wanted to take,
| didn't wanna give.

Some things
| don't do on the first date.

Unless you're getting
paid for it.

| just called up
her yellows.

Felony larceny, solicitation, and a little incident
of you discharging a weapon.

.22, Surprise, Surprise.

Some guy was starting with me.

| told him the next shot would have him singing
with the Vienna Boys Choir.

Right. Now you got Hayashi singing
with a different choir.

| told you,
all we did was kiss.

Then | asked
for money up front.

He said he never
had to pay for it.

Like just because they own
Rockefeller Center

I'm supposed to go to bed
with him?

And meanwhile, the better part of 10 grand is falling out
of his wallet.

I'm calling my lawyer.

Good. Tell him to meet you
at the station house.

Don't worry. They got nothing.
They got a lot of nothing.

Three hours of dancing around with her,
and | got nothing.

You tell her she matched up
on fingerprints?

She doesn't deny
being in the room.

Forensics just called.

Suzy left a little something
behind with Hayashi.

Her big mistake
was not taking his watch.

Female pubic hair
caught in the band.

| thought they got caught
on soda cans.

You said she was a brunette?
Yeah.

Brunettes try to look like blondes,
hot vice versa.

You got the wrong girl.

Wait a minute, are you saying
the hair's from a blonde?

Yeah, natural blonde. Sorry.

I'm surprised a guy this busy
didn't die of a heart attack.

Must be
all the fish they eat.

Last night | caught Mike in the parking lot
smashing up a Toyota.

Our problem is who left their mark
on Hayashi's watch.

After Suzy's out the door, where did Hayashi find
a blonde on short notice?

Well, he's not gonna call a hooker if he doesn't
want to pay for it.

If | wanted a date on the double, I'd head
straight for the hotel bar.

Well, it was pretty busy.

It was the last night
of a dentists’ convention.

Somebody should
give them Novocain.

But is that a yes or ano
on Mr. Hayashi?

Yeah, he was here
around closing.

Alone,
or was he with somebody?

More like glued to.
A blonde.

They kind of stuck out in a room full of guys
discussing drill bits.

So did you get a look
at her?

He ordered drinks
before she got here,

then they did a little
dry hump on the couch,

just enough to make me puke,

and they're off
to the elevators.

This blonde,
you ever see her before?

Maybe she was a guest here?

No, | never seen her
before or since.

But with her level of enthusiasm,
something tells me

she works off a beeper.

Half hour
before she gets here,

he tips me a 10 to get change
for the pay phone.

Hey, 12, including the john.

It'll take a couple of days to pull LUDs
from that many phones.

The booking agent said Hayashi was in town
auditioning singers.

Of the female variety.

| put an ad in the trades, and the headshots
came pouring in.

LOGAN: Look at this.
Blonde, blonde. Blonde.

Hayashi had
specific requirements.

| made the phone calls,
set up all the auditions.

And then what?
Hayashi met all the hopefuls?

The auditions were held in his hotel room
during regular business hours.

What about
after business hours?

| wouldn't know.

Hayashi was on his own.

Are these all the girls
Hayashi saw?

Mostly, yeah. | kept a list.

All the future Madonnas
in the five boroughs.

Enjoy.

Our turn to hold auditions.

He saw me personally.

It wasn't as much fun
as having my tonsils out.

Really? We heard
he was a real charmer.

Well, he was busy
charming someone else.

Cell phone glued to his ear,

I'm belting out Whitney Houston's
greatest hits.

Turns out
he's ordering lunch.

And that was it?

My mother's just as happy.

She says | need Tokyo
like | need another kid.

| wish | could help.

| never even spoke to him.

You are on the audition list.

You see here,
it says Kristi Jakes.

I'm on a lot of lists.

| get plenty of work
right here singing jingles.

Savmor Car Rentals?

You're kidding.

"Savmor, drive more."
That's you?

Pay's good,
| wear what | like,

| don't have to worry
about men like Hayashi.

Who you never met.

| said like him.

| Know the type.

"You have a nice voice.

"What else can you do?"

Why did you audition for it,
anyway?

Well, | heard
the pay's good over there.

Then | got on the list, and then | heard it was
at his hotel.

No, thanks.

| didn't show.

| didn't even know he was dead until my agent
called me this morning.

The other singers
weren't so upset about it.

He wanted me in his clubs.

That means I'm good.

"Good" meaning you can sing?

Right.

My bags were packed.

What, you think | want to do temp work
the rest of my life?

| can only type
40 words a minute.

Can | get going?

LUDs from the lobby phones
came in.

Here,
| got you a tuna on white.

They were all
out of blowfish.

Arigato, baby.

Got the audition list?
Mmm-hmm.

Okay, | got Tiffany Bouchet.

| don't see her.

Angel Monroe.

Heather Wayne.

Kristi Jakes.

Tori Bishop.

No, no, no.

How about Keli Konnors?

K-E-L-l, Konnors with a "K."

What? Let me see that.

| dated a Keli Konnors
with two "K's" once.

Her real name
was Joan Kozlasky.

Listen to this.

Tara Harmony.

Lisa Larue.

Doesn't that sound bogus
to you?

Stage names.

| doubt that's what NYNEX
puts on their phone bills.

Okay, what've we got?

Shannon Gilbert's real name
is Paulette McDougal.

What's wrong with that?

Sounds like somebody your mother would make you
take to the senior prom.

Next?

Local 802 just faxed this in.

More lady singers.

You find anyone that can handle opera,
let me know.

Dig this. Toni with an "I" Curtis
is Bernice Schwartz.

Cute.
| would've remembered that.

Kristi Jakes, Martha Bowen.

That's the "Savmor,
drive more" lady.

Martha Bowen got a phone call
from the hotel at 1:10 a.m.

It doesn't mean
the call was from Hayashi.

We checked the LUDs
from her apartment.

Three calls to his hotel
the day of the murder.

You're getting warmer.
What else?

Warmer? How about broiled?

A couple of months ago, Martha Bowen got
a home use permit

for a Beretta .22 automatic.

Which is probably at the bottom
of the East River by now.

Look, put her in a line-up.

See what the waitress says.

If she can't make a positive ID, we've tainted
her as a withess.

We have the pubic hair.

If it matches
with Martha...

We'd have enough to arrest.

Okay, I'll see Judge Rivera
about a search order.

All right, let's make this fast,
Counselors.

I'm on
a 10-minute recess here.

Invasion of privacy,
Your Honor.

Plucking my client's
pubic hair.

I've got it.

Miss Kincaid?

Same standards apply as for the taking
of any other evidence.

A suspect can be compelled
to provide a blood sample.

If there's probable cause.

There's no evidence my client was anywhere
near Mr. Hayashi.

CLAIRE: She called his hotel.

A woman of her description
was seen with the victim.

Your Honor, if they have an eyewitness, why aren't
we talking about that

instead of a hair sample?

Good point.

| see
sufficient cause for both.

And since it's your idea,
Mr. Hellman, it's your call.

Door number one
or door number two?

That's a loaded question,
Your Honor.

You see,
| haven't really... I...

Not to worry, Counselor.

I've got your answer for you.

This is your lucky day.

You get to win both prizes.

| think number two.

She was turned away from me most of the time,
but I'm pretty sure it's her.

Pretty sure
is not good enough.

I'll take my client home now.

The forensics came in.

Not so fast, Mr. Hellman.

The hairs match.
We've got her.

Okay, everybody who's innocent
can leave the room.

Not you, sweetheart.

Martha Bowen, you're under arrest for
the murder of Shiunro Hayashi.

You have the right
to remain silent.

Anything you say can and will be used against you
in a court of law.

| read the indictment
backwards and forwards.

| see "ifs" and "maybes" but no evidence
my client did anything wrong,

unless you count being
groped in a bar as a felony.

There's still the matter of a missing
.22 Caliber pistol.

Which my client says was stolen from her purse
two months ago.

And only now it occurs to her
to report the theft.

Look, she lied to the police
about meeting Hayashi.

What do you expect
a jury to conclude?

Conclude beyond
a reasonhable doubt?

You really want to find out,
Jack?

| wouldn't pass up the chance.

HELLMAN:
Let's talk hypotheticals.

A young singer
gets called for an audition...

JACK: And she brings her gun.

What's her audition piece,
22 Ways To Leave Your Lover?

We live in dangerous times.

Can | go on?

She makes nice
with her future boss.

Soon as she's in his room, it's the casting couch
gone bad.

He tries to rape her,
she shoots in self-defense.

Then rips the phone out,
and steals his money.

The phone's ripped out
in the struggle.

And who's to say
there was any money?

Nice try.

Your client entices a man up to his room with
the purpose of robbing him.

She pumps a bullet into him
and leaves him for dead.

That's murder two.

Really?

Is that the way it'll play
to 12 red-blooded citizens,

who can't tell sushi
from sukiyaki?

Anything to support
their claim?

If there'd been a struggle, you'd expect to see marks
on Hayashi's body.

And at least there'd be Bowen's prints
all over the room.

And the money?
Hasn't been recovered.

She managed to post bail.

With help from a Sandra Krane,
her agent.

Martha Bowen gets on the stand,
says scout's honor.

And we hope the jury doesn't notice the victim
is a foreign national

with an overactive libido.

Talk to her agent.

Maybe this isn't the first time she's had
problems with an audition.

See, last month Martha averaged
three sessions a week

at $600 per,
plus royalties...

Well, darling,
you do the math.

Very lucky
| found her this niche.

Talent doesn't count?

Talent? Talent doesn't count
if you can't handle a crowd.

See, Martha had stage fright.

She was seeing a therapist.

So she auditions to sing
in a night club in Tokyo?

Well, maybe it's different if the room doesn't speak
the same language.

Why didn't you ask her that before you
set up the audition?

Well, | didn't ask her because she made
the appointment herself.

See, American faces go at a very high premium
in Japan.

A singer like Martha
can make about $5,000 a week.

If I'd Known
she wanted to go back there,

| would've booked her
through my own contacts.

She's been there before?

The Japanese consulate issued a work visa
to Martha Bowen two years ago

to work in one of
Hayashi's clubs.

At the time, she was using the stage name
Nicolette Laine.

Hayashi co-signed
her visa application.

What does her lawyer
have to say about this?

Well,
he claims he didn't know.

Sure, he didn't know.

Well,
maybe he's just an idiot.

Is there anybody who would know
what she was doing in Japan?

There's no boyfriend, no one she talked to
about it.

| called her father in Duluth,
he hasn't returned my calls.

Get back in touch with
the Japanese consulate.

Maybe we can find another singer
who worked with her in Tokyo.

DIANE: | spent a year there.

It was a hoot.

People were real generous.

| came back with two suitcases full of Chanel bags
and Ferragamo shoes.

Most singers get flowers
after a show.

Well, | told my mother
| was singing.

Are you saying
you became a prostitute?

Look, in Japan things don't work out
the same as here.

They've got customs.

You go with the flow.

And Martha didn't?

One night, | heard she took
a swing at somebody.

They had to call the cops.

Even the embassy got into it.

| was on the telephone to our Tokyo embassy
until 4:00 this morning.

| hope we found
what you wanted.

A year ago last April, Miss Bowen was arrested
for assaulting a customer

ataclub
where she was employed.

Apparently
she'd been drinking.

Maybe she felt that being fondled wasn't
included in the cover charge.

According to her
written statement,

her real beef
was with her employer.

Shiunro Hayashi?

She was interrogated
by the Tokyo police

in the presence
of an embassy officer.

She claimed that Mr. Hayashi owed her a few
thousand dollars in back pay.

She also claimed that he was holding her passport
to keep her

from leaving the country.

Now, we sent a letter to Mr. Hayashi explaining
that the passport

was the property of the U.S. government, and that
it should be returned.

And like a good boy, he did?

Apparently so.

The embassy never heard back
from Miss Bowen.

The Tokyo police dropped the drunk and disorderly
charges against her,

apparently
at Hayashi's insistence.

A couple of months later, she left Japan
on a medical emergency.

So Bowen waits until Hayashi's on her home turf
to settle up with him.

He probably thought she just wanted to kiss
and make up.

CLERK: Miss Kincaid.

It's from Bowen's attorney.

He's moving to suppress
the embassy report.

HELLMAN: Simply put,
Your Honor,

my client wasn't Mirandized when she was arrested
in Tokyo.

Ergo, her statements and any report based on those
statements are inadmissible.

As far as | Know, Your Honor, Japan is still
a sovereign nation.

Our constitutional protections
don't apply there.

They do, if there's any
governmental involvement.

An officer
from the U.S. embassy

was present during
my client's interrogation.

She was under the impression that the officer was there
as her legal counsel.

What she thought
is beside the point.

She was under the authority
of the Tokyo police.

If you play stickball in Canarsie, you better learn
Brooklyn rules.

Point well taken, Mr. McCoy.

HELLMAN: This is unbelievable,
Your Honor.

Illegal aliens swarm into our country
by the thousands

and are immediately granted
constitutional protection.

But the minute | set foot
across the border,

you're saying
my ownh government

won't protect my interests?

Come on, Mr. Hellman, you're arguing a motion here,
not running for Congress,

and that motion is denied.

The statements and the report
are admissible.

What next, Jack?

Drag a suspect across the nearest border,
beat a confession out of him,

then use it in court?

Works for me.

"Right next to
Rockefeller Center,

"Pebble Beach
and the Seattle Mariners,

"add to the Japanese trophy case
the U.S. Constitution."

Yep, now they have us trampling on the rights
of an American citizen

to pacify the Japanese.

We should let the murderer
go free so that a few bigots

can stand a little taller
at the Fourth of July picnic.

You don't have to be a bigot to see that we've been taken
by our friends

on the other side
of the dateline.

Let's not confuse Martha Bowen
with the auto industry.

{(PHONE BUZZING)

Yes.

Hellman's on his way up.

Martha Bowen's
gonna get on the stand,

and she's going to cry rape,

or some other nonsense
about the big, bad Japanese,

and you're lucky
if you get a hung jury.

{KNOCKING ON DOOR)

Jack. | think
you know Mildred Kaskel.

She'll be taking over
as chief counsel.

| filed a notice of substitution
on the way over.

| Know your work,
Miss Kaskel.

So what's it gonna be, the feminist version
of "the Devil made me do it?"

The Devil here
is your so-called victim.

He viciously abused my client
while she was in Japan.

| plan to introduce evidence she was suffering
from Battered Woman Syndrome

when she shot him.

Come again?

She shot him
over a contract dispute.

MILDRED: No.

What happened to her in Japan had nothing
to do with singing.

It was gonna be
the biggest break | ever got.

Mr. Hayashi said important people
came to his club.

My first week, it was like a party
every night.

All these men
throwing money around.

$100 for a Scotch.

500 just to sit next to me.

Mr. Hayashi told me
to just be nice to them.

No one cared | was a singer.

| wanted to go home.

Mr. Hayashi said
| owed him all this money.

| didn't know what to do.

He had my passport.

| was alone.

He said | could pay him back
by being more friendly.

By sleeping
with his customers.

| said no.

He got furious.

He beat me.

He said if | disappeared,

no one would know.

No one would care.

| didn't want to die.

Every day she's been back, Martha's been living in fear
for her life.

When she found out
Mr. Hayashi was in town,

she believed he came here
looking for her.

She killed him believing she was acting
in self-defense.

Martha Bowen claims she killed Hayashi because
she feared for her life.

It sounds irrational,
unless you believe

the Battered Woman Syndrome
applies here.

It's bull.

It's revenge dressed up
in smoke and mirrors.

Tall, blonde Miss Bowen killed a short,
dark Japanese man

who was running
a white slavery operation.

This is not
a Saturday morning cartoon.

Yeah.

Kaskel times her summation
to fall on Pearl Harbor Day,

so the jury can pin a medal
on her client.

She saw his ad, she called him up,
she seduced him,

and she shot him
behind closed doors.

She set him up.

Kaskel can use the Syndrome to justify every one
of those acts.

This defense,

like my grandmother's nightgown,
covers everything.

Just keep the jury focused on the fact that this woman
killed this man

and walked off
with the money.

The Battered Woman Syndrome
almost exclusively applies

to abused wives
or girlfriends.

Almost.

Any woman
in any abusive relationship

can display characteristics
of this syndrome.

It's never been applied in a case where the abuser
was killed

ayear after the relationship
and the abuse ended.

Let's ask some Vietnam vets about the expiration date
on stress disorders.

This theory is not generally accepted
by the scientific community.

Until it is, it's not a proper subject
for expert testimony.

My client has the right to present evidence
to explain her conduct.

She reasonably and honestly believed
her life was in danger.

Mr. McCoy doesn't want
the jury to hear why.

No, | don't want them confusing Miss Bowen
with the actual women

this syndrome
was meant to describe.

They can decide that
for themselves.

Frankly, her actions seem
so far beyond understanding

that I'd like to hear
her explanations myself.

Then I'd like our psychiatrist
to hear them, too.

|! want Miss Bowen to submit
to an examination.

MILDRED: No problem.

But | would like the record to show
we're not required to submit.

We're pleading justification.

My client's reasonable beliefs are at issue,
not her state of mind.

So noted.

And I'll see you all
in court.

MARTHA: He'd never hit me
on the face.

He'd twist my arm.

He'd punch me in the side.

At first, it was because | wouldn't sleep
with those men.

But then, even after...

If | didn't smile enough

or if a customer complained.

The smallest thing | did wrong,
I'd catch hell.

Have you had any problems
since you've been back here?

| can't sleep.

My doctor gave me pills.

It's stupid.

I'm afraid if | go to sleep,
I'm gonna wake up back there.

Well, how do you deal
with that fear?

| bought a gun.

Men are always looking at me.
It's disgusting.

Do you mean all men,
or just Japanese men?

Well,
the Japanese are the worst.

| mean, all they're interested in
is themselves.

You're there only for them,

and they have a way
of looking at you.

Like, | could never
get a read on them.

| just...
| felt dirty and cheap.

Do you have the same feelings in your personal
relationships?

What, you mean boyfriends?

| don't have one.

| mean, | can't.

You don't want to?

| can't have sex.

It's a medical thing.
It hurts too much.

| got an infection.

She's been diaghosed with chronic pelvic
inflammatory disease.

She has permanent tubal lesions,
and she's sterile.

| caught something from
one of those men in Japan.

It's why Mr. Hayashi
let me leave

MARTHA‘: 'cause | was no good
to him anymore.

She still calls him
Mr. Hayashi.

She feels her life depended
on her ability to placate him.

It's the heart
of the syndrome.

It doesn't bother you that she never
mentioned abuse,

or the word "prostitute”
to the United States embassy?

You want the statistics
on unreported spousal abuse?

However Martha Bowen
came about it,

she walks and talks
like a battered woman.

She's a textbook case.

A battered wife
kills her husband.

| abhor it,
but | can sympathize.

But from the moment that she set foot
in this country,

Martha Bowen was free
and clear of Hayashi.

You have no idea what it's like to be
victimized by a powerful man.

So you want to create a new category of self-defense
just for women?

You might as well say we're by nature incapable
of controlling our emotions.

| doubt that's what
Gloria Steinem had in mind.

That is not what I'm saying.

But, Jack, if you put me on the stand, | have to stick
to my diagnosis.

Fine. You're not testifying.

| wanted her mental condition,
not your emotional reaction.

If you think vengeance
belongs in the penal code,

then you don't belong
on my witness list.

What do you want to do?

Maybe it is a textbook case.

Let's have the police take
a look at Bowen's apartment.

See what she keeps
on her bookshelf.

Enough Is Enough:
Battered Women Fight Back.

Defending Her Life: A Battered Woman Tells
Her Story.

Kill Or Be Killed: Self-Defense And The
Battered Wife Syndrome.

All with highlighted passages.

You know, 15 years ago, a serial killer named
Kenneth Bianchi

almost convinced a team of doctors that he had
multiple personalities.

You think Martha's
a better actor?

She's done the homework.

He kept one hand free for his drink, and the other
hand was in her lap

or on her chest.

And how was
the defendant behaving?

She had her arm around him
and she was smiling.

Did she do anything to make you think
she wasn't enjoying herself?

No. It looked to me like the current
was running both ways,

and when they left
they were arm in arm.

Thank you.

You said you were working
a full bar that night?

So how could you possibly be aware
of everything that transpired

between Mr. Hayashi
and his companion?

| didn't say | was.

And when you picked my client
out of a lineup,

you said you were pretty sure
she was the woman at the bar?

Yeah.

So now when you say there
was current running both ways,

are you dead certain
or are you just pretty sure?

| don't know.

I'm just telling you
how it looked.

Thank you.

During the last 15 years,
I've investigated 48 cases

where a battered woman
has killed her abuser.

Nine times out of 10, when we get to the scene,
the woman's waiting for us.

And the other 10%?

The woman runs
to a family member,

or we find her wandering
in the neighborhood.

In any of these cases, did the women try
to cover up their crime?

No. These women
are not acting rationally.

They're in a state of shock.

So, no pulling out the phone cord, no effort to
make it look like a robbery?

No, nothing like that.

Thank you.

Detective, you said that these women
were acting irrationally.

In other words, their behavior
was unpredictable?

In general,
you know what to expect.

So you could have predicted that an abused woman
named Lorena Bobbitt

would be found driving down the highway with her
husband's penis in her hand?

No,
| guess | missed that one.

Thank you.

The women | studied had to live with the fear
that they might be killed

or take drastic action
to save themselves.

You spent a year
at Tokyo University.

What was the nature
of your work?

| studied the exploitation
of women in Japan.

It's a perfect model
of a male-dominated society...

Objection.
This is all irrelevant.

My client was trapped in a culture where wives still
walk behind their husbands.

Now that's relevant to understanding her feelings
of helplessness.

This witness is qualified as an expert on the abuse
of women,

not on Japan bashing.

I'm going to allow some latitude here,
Mr. McCoy.

The witness may finish
with her answer.

Japan is a perfect model
of a male-dominated society

that has a poor record of respecting the rights
of women.

So how would you characterize the attitude of the typical
Japanese male

toward Western women?

They're a status symbol
for Japanese men.

How's that?

In the past, they felt intimidated
by Western women.

That these women now serve
Japanese men is a sign to them

of Japan's rise in the world.

Thank you.

Let's get back to your stated
area of expertise.

Does every abused woman develop
Battered Woman Syndrome?

They all show signs of it.

Does that mean that every abused woman
eventually kills her abuser?

No, there is no hard
and fast rule.

There's no cause and effect?

First you look at the behavior, and then you
see if it fits the pattern.

So first you have the crime, and then you look
for the excuse?

Objection.

Withdrawn.

Everything cuts both ways.

What we call premeditation,
they call a syndrome.

| can't believe anybody
on that jury's gonna buy it.

It's all gonna boil down
to race.

Abuse is just something for the jury to hang
their hat on.

You wanna do the cross
on Bowen tomorrow?

Because of my skills
or my gender?

Both.

Claire, | want to win.

So do you.

MARTHA:
He was always on me.

He said my chest
was too small.

He said | smelled.

All Americans smell bad.

| could never do
anything right.

| started believing that all | was good for
was being a whore.

And after you came home,
what happened?

Every day | was afraid
he was going to show up.

It's why | changed
my stage name.

| Knew he had the money
to find me.

But why would he,
when he sent you home?

Maybe deep down
| thought it was crazy,

but | felt trapped,

like | couldn't run anymore.

| had to do something
to stop him.

What did you do?

| met with him,
just to tell him how | felt.

In the bar, when he started touching me,
| was afraid to say anything.

He wanted to go back
to his room.

| don't Know why | said yes.

We got there, and just the way
he looked at me,

like | was nothing...

| was afraid
of what he was gonna do.

The gun was in my hand.

| don't know what | did next.
It's just a blur.

Thank you.

Miss Bowen, during your
examination by Dr. Olivet,

you stated, quote, "The smallest thing
| did wrong, I'd catch hell."

Do you remember
that statement?

Yes.

Miss Bowen,
do you recognize these books?

Yes.

I'm referring to People's
18 through 20.

These books were found
in your apartment.

This one's titled
Defending Her Life:

A Battered Woman
Tells Her Story.

Please read this passage, the one with
the orange highlight.

"| couldn't do
anything right.

"Every little thing | did wrong,
he'd punch me."

Now, please read
this passage from

Enough Is Enough:
Battered Women Fight Back.

"| stood over him
while he slept.

"| wanted to make him feel the way | felt
when he beat me.

"The gun was in my hand."

Please continue reading.

"| was nothing to him.

"| had to do something
to stop the pain."

Miss Bowen?
You don't understand.

Just look
what he did to me. Look.

What else was | gonna do?

"The jury is instructed that it may consider
this evidence

"only as it relates
to consciousness of guilt."

Are we agreed
on the language?

Fine with me.

No problem here.

Good.

Next point, "The jury may not consider the victim's
background or origins

"in making
its determination."

That's not sufficient,
Your Honor.

This case demands
a much stronger statement.

It's funny
how we completely disagree.

| want the jury to consider
all the factors that effect

my client's reasonable belief
that her life was in danger.

You'd also like to pack the jury with the widows
of World War Il veterans.

That's the sum total
of her case, Your Honor.

If this victim were white, Miss Bowen would have taken
a plea months ago.

Now, let's stay focused,
Mr. McCoy.

With all due respect, Your Honor,
you know what people can feel

about certain minorities
in this city.

Racism poisons practically
every trial we see here.

Mr. McCoy is talking
in generalities.

And the defense would like to turn the jury
into a panel of racists.

The court must take a stand.

All right,
let me see what you have.

..and lastly, 1 will instruct you
as follows.

You may not consider Mr. Hayashi's race
or country of origin

or prior acts
when making your decision.

| instruct you this
as a matter of law.

Your duty is to pass judgment on Martha Bowen,
not on the victim.

And your personal feelings
about the Japanese people,

their culture,
or their government

has no place in a jury room.

You swore an oath to put aside
such considerations.

| instruct you now
to live up to that oath,

and | thank you.

Madam Foreman, has the jury
reached a verdict?

Yes, Your Honor, we have.

On the sole count of the indictment,
murder in the Second Degree,

how do you find?

We find the defendant
not guilty.

The jury is dismissed.
Court is adjourned.

Mr. Nakahara, I'm sorry.

| was in the Midwest last year for the opening
of an auto plant.

4,000 new jobs.

When | left,
someone threw paint on my car.

It was disturbing,
but expected.

My guess, tomorrow the papers will call this
a victory for women's rights.

Yeah. And a giant leap
for ignorance.