All language subtitles for law.and.order.s05e08.1080p.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.

So she turns out the lights and brings out
this big birthday cake.

"Happy Birthday, Harry,"
it says.

How old's the little guy?
Two.

She tried to get him to blow out the candles.
You should have seen that.

Managed to open
his own presents, though.

What'd you get him?

A doghouse, so he'd stop sleeping
in the bed with us.

No such luck.

You know, Shepski, maybe it's time you two
started thinking about kids.

WOMAN ON POLICE RADIO: Any available 2-7 car for
a 10-53, possible fatality.

Ambulance en route.

2-7 sector Charlie standing by.
Will respond, Central.

(SIREN WAILING)

1-David-1-0-9-9-9-6-3-6.

CROCKIT: Oh, boy.

It's bad.

2-7 Charlie to Central.
Better put a rush on that bus.

This better be good, Crockit. | was on my way home.
| don't feel so good.

Hey, don't look at me.

AIS guy says there's something fishy,
call the suits.

| do what I'm told.
What happened?

Judging from the skid marks, this guy's
going the wrong way,

swerves into the other car, and wham. The other guy
never had a chance.

Last time | looked | don't do
accident investigations.

(POLICE RADIO CHATTERING)

Here's your murder weapon. Rest in peace,
you sorry bastard.

What the hell happened? Didn't you hear?
We got demoted.

RANDALL: Briscoe, Logan.
Over here.

Randall, this is a traffic accident.
I'm going to bed.

Just take a look at this, would you? I'm getting ready
to write it up.

Looks like a standard 54
with a DOA,

and then | noticed most of her wounds are on
the right side of her body.

Except she's
in the driver's seat.

Yeah. Well,
she's about 5'4", 5'2",

but the seat's all the way back and her feet
can't even touch the pedals.

So maybe the seat
got jarred in the crash.

No. It would've
gotten jarred forward.

| don't think
she was driving.

So what are you saying?
Somebody moved her?

Then fled the scene.

Not one law-abiding citizen
saw any of this?

A woman down the block says she heard
the crash about 1:45.

That's verified by some people
coming out of Club Mania.

But nobody
actually saw anything.

(SIGHING)
There goes my beauty sleep.

A guy smacks up his car,
takes off into the night.

I'd say
he's got something to hide.

You ever think maybe he went
for medical treatment?

Well, then either he never got there or he didn't go
to any ER in this city.

So what do we have,
leaving the scene?

AlS says it was
the drunk guy's fault.

No reason to leave the scene.

What, you still got a head cold?
He moved the girl's body.

Whoever it was didn't want anyone to know
he was there.

What do we have on the girl?

Lyssa Wesley. 497 West 83rd.

It was her car.
Looks like she lives alone.

Well, odds are our mystery man has a wife
and a couple of kids at home

who thought he was
at his office working late.

This is a matter for the divorce lawyers,
not us.

If he took off
before she died, it's us.

Talk to the ME's office.

See this horizontal laceration
on her forehead?

Looks like she hit the dash.
Died instantly.

Thank you for small favors.

Yeah, but somebody did her a big one before she died.
Look at these bruises.

Well,
you should've seen the car.

These were on her legs and arms which are not
consistent with the crash.

Abrasions on her buttocks and more bruises
resembling finger marks.

Looks like her underwear
was ripped off.

And there's vaginal tearing.
Semen.

So we're talking rape.

If it was a romantic evening at home, I'd hate to meet
her boyfriend.

Her head hit the dash here at this dent,
point of impact.

Whoever moved her was 6',
maybe 6'1",

judging from the seat
and the rearview mirrors.

You get any lifts?
Yeah.

A few off the steering wheel and gear shift
that aren't hers.

Sent them to latent. The guy doesn't have
arecord.

He went all out
for his first offense.

Anything else inside the car?
Yeah. Right over here.

| got an old playbill
from My Fair Lady,

an eyebrow pencil,
some loose change...

Valet parking ticket. Yeah. Found it
down in between the seat.

Hotel Intercontinental.

Oh, yeah, | remember her. She left right before
my shift ended.

Around 1:30, 1:45.

She leave alone?
No. She was with some guy.

And they weren't having
the best time, either.

You mean they were fighting?
| didn't see them.

But she was crying

and it seemed like he was in a big hurry
to get her out of here.

Could you describe him?

Six feet, maybe. Dark hair.
Wearing a tuxedo.

Would he stand out
in a crowd?

Not really. The place was crawling
with tuxedos last night.

Some kind of fundraiser
for that Talbert guy.

Councilman Talbert?
Yeah, that's the one.

Man, | hate politicians.
They don't tip for nothing.

PENNY: I've known her
about three months now.

We worked together
on the campaign.

| just can't believe she's dead.
| just saw her last night.

That would be at the fundraiser, right?
Yeah.

Mr. Talbert invited the whole staff,
including the peons.

We even got
to meet the mayor.

Was Lyssa there with a date?
No. Her fiancé had to work.

LOGAN:
What time did she leave?

| don't know.

9:00 maybe. | was supposed to get a ride home
with her after the party.

She went to make a call to her fiancé
and never came back.

The valet said she left with a tall man,
dark hair, wearing a tux.

Well, that could be anybody. Half the guys here
were wearing tuxes.

Any of the guys talk to Lyssa?
You know, flirt with her?

Lots of guys flirt
with Lyssa.

| don't remember. I'm sorry.

She leaves the party
around 9:00, vanishes,

and then turns up dead
in a car accident around 1:45.

Yeah. And in between she gets raped
by some gentleman in a tuxedo

who's kind enough
to give her a ride home later.

We sent a sketch artist over to the parking guy,
so maybe we'll get lucky.

Call the Times.

See if they sent a photographer over
to cover the party.

You might get luckier.

Councilman Talbert
with the mayor.

Councilman Talbert
with the archbishop.

Councilman Talbert
with Councilman Talbert.

You see the guy or what?
No. No, not yet.

Here's Lyssa at her table.

Any of these guys
look familiar?

It's hard to say,
you know, these...

No... There he is.
Which one?

The one smoking a cigarette.
That's the guy.

Third from the right.
Todd Locke.

Look, you have to understand. | am Councilman Talbert's
chief aide.

A scandal like this hits the paper and I...
What scandal?

Thought you said you just gave the lady
a ride home.

| did. But how was | supposed to know a drunk
was gonna swerve into us?

It was an accident.
So why'd you move her body?

| panicked.
It was a stupid thing to do.

So what am | charged with?

Leaving the scene of an accident,
tampering with evidence...

We're just getting started.
This is...

| told you. She had a little
too much to drink...

No. No. No. No. Not according
to our medical examiner.

She looked drunk, okay?
So | offered to drive her.

Was that before
or after you raped her?

What? Whoa, whoa, guys. You got this all wrong.
| never touched her.

What were you two doing between 9:30 and 1:45?
Taking a poll?

| don't Know what she was doing.
| wasn't with her.

So after the party you just hung around
for five hours?

And then you just happened
to run into her?

That's stretching it
pretty thin, bud!

| had a drink in the bar.
Bar closed at 12:00.

| was in the lobby after that. Well, then
we'll find some withesses.

Give me your cuffs,
Lennie.

In the meantime, you're under arrest
for the rape of Lyssa Wesley.

And for leaving

| didn't rape anybody!
| swear.

But you know who did,
don't you?

LOGAN: Mr. Locke, sit down.

Now, | think you know
you're in very deep here,

so why don't you tell us
who you're protecting?

Look, she told me in the car
before the crash.

She said she had been raped.

She said it was
Councilman Talbert.

Spencer Talbert's an elected city official.
He's running for Congress.

So what? He broke the law
and we want him.

We can't just barge into his office and publicly
accuse him of rape. Not yet.

He stood with us, Mike.
City budget went to the bone.

Talbert came through
for this department.

I'm not saying
we don't investigate.

But we do have to consider
Talbert's public reputation.

| hate to say this, but | hope it's not true.
He's the good guy.

His get-tough-on-crime platform won him
the election.

Sounds more like
we're trying to protect him

from getting his picture
on the front page.

| just think we can make a better case if we kept it
off for a few days.

Okay. Well, how do you
propose we do that?

Because the minute we start asking him
questions...

lf Todd Locke cooperates, there may not be
too many to ask.

It's a gift, Todd.
Listen to the DA.

| shouldn't have told you anything as it is.
Loyalty, you know.

Cooperate and the charge is leaving the scene
of an accident.

Six months probation.

Don't, we add tampering with evidence,
accessory to rape, conspiracy.

All felonies. No pleas. Feed the homeless,
clean a park.

You don't need
Talbert's problems.

We're at the fundraiser
and Talbert spots Lyssa.

He's interested but his wife's there.
So | have to tell Lyssa.

Talbert wants to speak to her
later in his suite.

He heard what a good job
she's doing on the campaign.

So | brought her up.
He told me to wait in the bar.

How'd you wind up with her?

Talbert went home in the limo and he told me to make sure
she got home.

She had a car.

No, there was no way
she could drive.

When she came down
she looked like hell.

You know, make-up was running,
eyes were red.

Real bad shape.

| kind of had a feeling
what happened.

Are you assuming she was raped,
or did she tell you?

Eventually she told me.

She asked me
to take her to a hospital.

That's where
we were going when...

She was a nice girl.

Wait. Let me
get this straight.

Todd told you that Lyssa told him
that | raped her?

That's the charge.

She was in your suite. Your aide
was driving her home.

If you wanna take a cup into the men's room
and clear yourself.

All right, detectives. |...

| was with Lyssa. But understand,
I'm a married man.

| hold public office. Incidents like this
can be damaging.

No disrespect to the office, but this is more
than an incident.

It's a load of crap. LOGAN: That's not what
the medical examiner said.

Lyssa was roughed up.
Torn panties.

Heat of passion.
Heavy bruising.

She died in a car wreck. The bruises
were between her legs.

Believe who and what you like,
detectives.

But I'm afraid Lyssa's unfortunate death
brings this matter to a close.

So what did you expect?
Of course he's gonna deny it.

We have Locke's sworn statement
and the ME's report.

The statement's hearsay,
probably inadmissible.

The ME's report's
not definitive.

What can | tell you guys? McCoy wants more
before he goes to court.

What do you think?

My personal feelings
are irrelevant.

CLAIRE: A rape trial
boils down to lack of consent.

Yeah. So this piece of cheese gets to walk because the
victim happened to get killed

in a head-on with a drunk.
I'm not saying we drop this.

No?

What do we do, get Madam Losanda
to throw a séance?

I'm thinking maybe this wasn't the first woman
he got friendly with.

If we can establish a pattern,

it's possible to prove Lyssa's lack of consent
without her testimony.

Well, she did work
for Talbert, right?

Maybe there are
some other employees

who performed above
and beyond the call of duty.

As soon as | heard the rumors about Lyssa and Mr. Talbert,
| said | am out of here.

Did you ever hear
any other rumors?

| just answer the phone. I'm not exactly high up
on the totem pole.

So he never came on to anybody else? You know,
made a few suggestive remarks?

He let his hand linger
oh my arm a few times.

Just enough
to make me uncomfortable.

BRISCOE: You the only one he touched?
Nobody's ever complained.

But people around here
practically worship the guy.

You'd think Lyssa Wesley's
death would change all that.

Around here, | don't think so.

At home
it may be a different story.

When Mrs. Talbert left this morning
she didn't look happy.

| can't believe you're actually dignifying
this nonsense, detectives.

Mrs. Talbert, | think it would be better
if we spoke privately.

Of course. Molly, honey,

why don't you go find Flannery and see if lunch
is ready, okay?

| don't really know what you expect me
to tell you.

Spencer and | have been together
for 13 years now.

We have a very
strong marriage.

Strong enough to withstand
a rape accusation?

I'm sure | don't have to
explain to you

the difference between rape
and false accusation.

With all due respect, Mrs. Talbert, this girl
was pretty badly beaten up.

And she said
your husband did it.

And if she hadn't been killed
in that car accident,

she'd probably be
next month's centerfold.

Spencer is not the first public figure to be attacked
with vicious lies.

You seem pretty sure
about that.

My husband told me about his indiscretion
with this girl.

It hasn't been easy, but we're working through it.
We'll survive.

You learn how to do that
during 13 years of marriage?

If you're asking me if there have been others,
Detective,

| can honestly tell you no.

The worst thing he ever did was get
touchy-feely

with one of his
Campaign workers.

Yeah. And the wife
sang Stand By Your Man.

Not much of a pattern.

Well, he's a politician. He knows how
to cover his tracks.

So maybe we should find out what he did before
he had to be so discreet.

Spencer was head of the department
for ten years.

After he was bitten by the political bug,
| took over.

Must be tough giving up all this
for a councilman's salary.

| don't think Spencer's sights stop
at a congressional district.

LOGAN: Yeah, well, he might've just run into a brick wall,
Miss Maslin.

The papers say the accusations of rape
are bogus.

Well, that's the word that Talbert's people are putting
out. What do you think?

We can talk to everybody
in the building.

You've got to understand.

The firm likes to see its name in the law journal,
not the tabloids.

And that might be
our next stop.

It was nothing, but it could be
misinterpreted.

Well, why don't you
let us decide that?

A year before Talbert left,

our office manager accused him
of sexual harassment.

We disposed of the matter
before it got out of hand.

Disposed of? As in, "Here's a check,
keep your mouth shut"?

Like | said, it was nothing. This office manager,
is she still here?

That was part
of the settlement, too.

You should have seen them
circle their wagons.

These lawyers,
they protect their own.

So you took the money and ran?
Money? That's a joke.

Talbert had to be
pulling in seven figures,

they gave me a one-time-only offer
of 50 grand.

50 G's. Sounds like a lot of money to me.
Yeah.

Well,
he got his money's worth.

It was a Christmas party,
five years ago.

Imagine 300 attorneys at the Cat Club without
their significant others.

So Talbert let his hair down?

Pulled up my skirt in the fire exit.
The guy was all over me.

Did he rape you?

He would have. | tried to fight back
but he's so strong.

Thank God, he heard some people
coming down the hall

and he told them
| had too much to drink.

He was taking me out for some air.
Did anyone see anything?

Sounds like you could have held out
for more money.

Yeah. That's what Sarah said. Sarah? Sarah Maslin,
his partner?

Yeah. | just wanted out of there. She talked me
into seeing an attorney.

It's simple.
It's called libel.

And if this doesn't stop
immediately,

| guarantee all of you will find yourselves
in civil court.

The police are investigating
a Charge of rape.

What they're doing is defaming one of the most
honorable men in the city.

| know at least one woman
who would beg to differ.

TALBERT: Jerolyn Addams?

The girl got drunk at an office party. She had to
tell her husband something.

And the $50,000
was just a Christmas bonus?

POWELL: It was blackmail.
Believe me,

if you push this any further,
we'll take her to court, too.

Or didn't she tell you that the settlement required her
to sign a non-disclosure form?

Which is meaningless
in a criminal trial.

But it goes a long way
in civil court.

She opens her mouth,
she returns the $50,000

and turns over
another $100,000 as punitives.

Adam,
you're in the public eye.

You know what something like this
can do in an election year.

Good. So | assume
we've heard the last of this?

You're not going to ask us
to back off.

A dead victim.

Awitness who could lose her life savings
if she takes the stand.

Look at it from our point of view,
Lieutenant.

Without more, it's not much of a case.
Then we'll get more.

BRISCOE: It does seem
kind of curious, counselor.

You talking the office manager
into suing the firm.

| was trying

Which makes us believe that maybe you knew
she was telling the truth.

BRISCOE: Yeah, and
the question then is how?

Because she told us there weren't any witnesses
at the Christmas party.

LOGAN: Or she could be lying.

But why? There's nothing to gain
from that.

| have nothing to add.

Listen. He almost raped one girl. Another girl
he did rape is dead.

This is a hell of a time
to stonewall.

If there were others, you're gonna tell us.
Eventually.

It was me.

He raped me, too.

| can't believe
I'm doing this.

If he raped you... Oh, he raped me
all right.

When we worked together. You mean
over three years ago?

It was late at night at the office.
You didn't go to the police?

I'm an attorney, too, Miss Kincaid.
| know the drill.

A rape trial boils down
to "he said, she said."

And when the "he" is one of the most respected
lawyers on Wall Street,

the "she" doesn't stand
much of a chance.

You're an educated woman.
You're articulate, strong.

People would have believed you.
You don't get it.

It wouldn't have mattered.

| had a career to protect.

| was still an associate
at the firm.

| wanted to become a partner. What difference
would it make?

You were the victim.
| was involved in a scandal.

Clients don't like that much
in their legal advisor.

When it happened,
did you tell anyone?

My doctor.

| start seeing patients
at 8:00 in the morning,

which means
| get here around 7:00.

Sarah was waiting
in the lobby for me.

Did she tell you
she was raped?

Not at first. She was more concerned
about disease and pregnancy.

| started giving her my standard lecture
on protection.

She started screaming at me.
That's understandable.

Certainly. Whoever attacked Sarah
took more than her body.

He took her dignity.
Sarah was all about dignity.

What about
physical signs of rape?

Well, | gave her
a full examination.

The problem is there were physical signs
of sex.

But no indication of rape.

Are you saying you don't believe
she was raped?

I've known Sarah for 15 years. If she said
it happened, it happened.

It's just not going to be
easy to prove.

Let me ask you this, Claire.

Just between you and me,
forget about Lyssa.

Forget about
the office manager.

All you've got is Sarah's word
against Talbert's.

Who do you believe? I'm inclined
to believe Sarah.

| think
she's telling the truth.

And with the other evidence?

(SIGHING)
| think Talbert's guilty.

| think we have an obligation
to pursue this.

What kind of witness
will Sarah make?

| looked her up in Martindale.

Summa from Vassar.
Law review at Cornell.

She's head of the securities department
at Adderly, Perkins.

More credibility than the proverbial
busload of nuns.

With Sarah
and the office manager,

we might be able
to establish a pattern.

Even if our victim is dead.

| know
it's a long time ago, Sarah,

but if there's anything,
a torn dress, something.

That's where it happened.
Right there on that couch.

This used to be his office.

It was 4:00 in the morning.

We had just finished an offering memorandum
for B and C Manufacturing.

It took us six months.

He kept a bar over there.

He opened a bottle of Perrier Jouet
to celebrate.

When he left
to run for council

they gave me his office.
Lucky me.

| Know Spencer Talbert.

| Know he raped Lyssa Wesley. Would you
be willing to testify?

We both know that anything | have to say
is inadmissible.

Not if we can convince a judge
there's a pattern.

With two women it's a stretch.
And | can't prove anything.

JACK: Adam, she was in Talbert's office
until 4:00 a.m.

She was in her doctor's office at 7:00
without an appointment.

And back at her desk
promptly at 9:00.

Now, listen, even if we could prove that Talbert
raped Sarah Maslin,

it's a prior bad act,
it's inadmissible.

Well, then maybe we're making this whole thing
too complicated.

Sarah's our best witness,
let's prosecute her case.

A woman comes forward after three years, doesn't say
too much for her credibility.

She has no reason to lie.
No.

When the mayor, the city council president,
five borough presidents

and the president of the Bar Association will say
that Talbert doesn't either.

JACK: Good. Let them all
take the stand.

The best thing Talbert can do
is put his character in issue.

There are already two other women
that we know of.

One who took
a $50,000 payoff.

One who's
conveniently deceased.

And this one, for all we know,
could be an affair gone bad.

Adam, the papers already
know all about this.

If we drop it, guess whose name's
gonna hit the op-ed page

as part
of a political cover-up?

What the hell is that?

You believe in the case, you prosecute it.
Don't lay this off on me!

"Docket number 561253. People v.
Spencer Randolph Talbert

"The charge is rape
in the first degree."

How do you plead?
Not guilty.

The People request bail
of $100,000.

For what?
These charges are outrageous.

My client has served the public faithfully
for four years.

His record is exemplary. And I'll be sure
to vote for him.

Bail set as requested. Next.

Do you actually think you can get a conviction,
Miss Kincaid?

That'll be up to the jury.

A majority of whom probably voted
for the councilman.

Even if he is acquitted,
Miss Powell,

do you think this is the end
of his political career?

Councilman Talbert is devoted
to public service.

He will not allow this smear campaign to diminish
his commitment to this city.

What is it? You people are hell-bent on destroying
my client's career.

| think
he's done that all by himself.

| was Sarah Maslin's boss.

Maybe | was too tough on her,
too demanding.

Is this payback time?

And what's your angle, Mr. McCoy? You have
your eye on Gracie Mansion?

No, | don't like politics.

And | don't much care for politicians. But | won't
hold your job against you.

We know Sarah was in the office with Mr. Talbert
past 4:00 a.m.

We know she went immediately
to her doctor.

We know she had sex.

And if you'd had the decency to call me before
you sent your goons,

maybe you would have heard
an explanation.

Are you admitting you had sex with her?
Yes.

Not only was it consensual,
it wasn't very good.

You really are
a piece of work, Mr. Talbert.

Sarah Maslin will make
a very credible witness.

That may be. But we have a witness
of our own.

Mr. Talbert's former secretary was working right outside
his office that night.

Don't you think she might have
heard something?

I'll tell you what, with Talbert | made twice
the money | make now.

All the overtime.

So if he stayed until 4:00 in the morning?
| was right outside his door.

With him
there were 11 commandments.

“Thou shalt not answer thine own phone, take smoke
breaks, or go to the bathroom."

He got calls at that hour?

During the B and C thing, the phone didn't stop.
Calls from overseas.

Accountants, printers. The office was working day
and night.

Was Sarah Maslin
typically here with him?

As long as | was here,
they were joined at the hip.

And you're sure you would have heard an argument

or a raised voice
from his office?

Believe me, I've heard him yelling for me through
that door more times

than | care to count.

Look, if what you're saying actually happened,
| would have known.

Don't you think you should have asked me
before you ruined my life?

You said you were willing to testify.
No, | never said that.

| had a reason for keeping this private
for three years.

But you came forward now.
The police came to me.

| only went along with it so you wouldn't drop
the Lyssa Wesley case.

| never thought
I'd have to go public.

Now the press
is all over my Office.

They're in the lobby
of my apartment.

| can't live like this, Miss Kincaid.
We can convict him, Sarah.

Well, you're gonna have to
do it without me.

She has a press conference scheduled
for tomorrow morning.

My guess, she's going to deny everything.
We put her up to it.

Did we, Claire?

Did personal feeling cause us
to be a3 bit over-enthusiastic?

You were the one who decided to prosecute
Sarah's case.

You're the one who assured me
she was raped.

Anyone in this office
keep up on current events?

"Talbert's accuser
member of fem-lib PAC."

So she's politically active.

It doesn't prove
he's innocent.

She is spearheading a drive to block
Talbert's congressional run.

She's not fond of his voting record
on women's issues.

Neither am I.
| gave them money. So what?

Yeah, but you did not accuse
the man of rape.

I'm starting to think Sarah Maslin is using
the DA's office

as the blade
in a political hatchet job.

Fine. Don't believe me.
Drop the whole thing.

That's what | want anyway.

Well, the case against Talbert is dropped,
Miss Maslin.

The case against you for conspiracy
is just beginning.

It does look
a little strange, Sarah.

You wait until he's running for Congress
to come forward.

| came forward
because of the other women.

And why were there no physical indications
of rape?

Why didn't his secretary
hear anything?

You consented, didn't you?

He was going to ruin my life.

Sure | consented.

But | didn't have
any other choice.

He told me if | didn't sleep with him
| wouldn't make partner.

He'd blackball me
from any other job.

| killed myself
for eight years.

| deserved to be a partner
in this law firm, Mr. McCoy.

In her mind she was raped.

Unfortunately the people
who drafted the penal law

are not bouncing around
in her head.

She put in eight years
at that firm.

He was going to take away any chance of promotion
if she didn't sleep with him.

So he's a pig. He belongs in a sty, not a prison.
There is no crime here.

Sexual harassment does not equal
forcible compulsion.

But in this case it could be larceny
by extortion.

Talbert forced Sarah
to give him property

by instilling in her
the fear that he would

"materially harm her
business calling or career."

What property did she give him?
Her body.

It fits the literal requirements
of the statute, Adam.

Wonderful.

So now all we have to do
is convince this woman

to admit in open court that she slept her way
to the top.

You must be out of your mind. We both
want Talbert in prison.

| slept with him
to save my career.

| don't especially feel
like ruining it now.

Look, | know
it could be awkward.

Look,

| Know we like to see ourselves as lawyers
who happen to be women.

That's fine and good, but the fact is
we're perceived as women first

and lawyers second.

And you're willing to live with that?
That's how it is, Claire.

| was a bright young attorney with a great future
ahead of me.

And | actually thought that Talbert recognized that,
too.

But all he was thinking
was getting between my legs.

Maybe you should have kicked him between his and hauled
him into civil court.

Sounds easy,
but then it happens.

I'm faced with losing everything
I've worked for,

and | think,

"How bad can it be?
It's only one time."

Because you were
forced to think that.

By this bastard
who stood in your way.

If | testify, the story will be | used sex
to get a partnership.

And if you don't, the story will be you're just another
radical feminist

using sex
to destroy a political enemy.

| became politically active
because of what he did to me.

But no one's ever gonna know that
as long as you remain silent.

This has to be a joke.
Larceny by extortion?

That's when the mob says, "Pay up or I'll burn down
your restaurant.”

"Sleep with me or I'll destroy your career."
Same thing.

To make out a case
for extortion,

you have to plead value
with specificity, Mr. McCoy.

Exactly my point, Your Honor.

Although | agree that,
metaphorically and poetically,

awoman's body
may be priceless,

but scientifically,
it'll get you $8.84.

And that's a misdemeanor.

And legally, it's worth what someone
is willing to pay for it.

In this case the value of a partnership
in a major law firm.

And that makes it a felony.

Do you have an expert to quantify that?
| do, Your Honor.

May | remind Your Honor that it is not his place
to write new law.

Nothing new here, counselor.
Just expanding the old.

HENDRICKS: At the time of the incident Miss Maslin
was 32 years old.

Assuming that she worked
until standard retirement,

that would give her 33 more years
as a working attorney.

What is the average compensation for a partner
at Adderly, Perkins?

HENDRICKS: According to
The American Lawyer magazine,

the average partner
profit participation

was a little over
$500,000 per year.

So over those 33 years, Miss Maslin could
expect to earn

about $16.5 million?

That's correct.

How many law firms are there
in the city, sir?

Of the caliber of Adderly,
Perkins? I'd say perhaps 100.

Is it possible
that Miss Maslin

could have obtained employment
in one of those firms?

There's a big difference between employment
and partnership.

So you're saying that she could not have
become a partner elsewhere?

In the early '80s, perhaps,

but the legal business has suffered just like
everything else.

I'd say it was unlikely.
But not impossible?

No.

As a practicing psychologist,

| have reviewed thousands of cases of sexual harassment
in the workplace.

Have you found that there is a typical reaction
to such harassment?

Well, it really depends on the extent
of the harassment.

Some women go public.

Some choose to leave their place
of employment quietly

and others just suffer
in silence.

But all of them describe it
as a demeaning experience.

Why do some choose to put up
with this kind of behavior?

There's a sense of impotence,
of futility.

So in essence, some of these women
feel they can't leave.

That's correct.

Sexual harassment
isn't a crime, is it?

No.

But offering sex
for financial gain is?

Your Honor. What do you expect,
Mr. McCoy?

Overruled.
It's called prostitution.

Miss Maslin
is hardly a prostitute.

Why?
Because she has a law degree?

If | buy you a drink,

you promise not to charge me
with assault in the morning?

If you promise
not to call me a hooker.

J&B, neat. She's buying me
a vodka on the rocks.

My client may be
two steps below a leech

on the evolutionary chain,

but that doesn't
make him a criminal.

| Know you know that, Jack.

Be careful. The Women's Bar Association will take away
your membership card.

So be it. I'm tired of sitting around
drinking herbal tea

and complaining how tough it is
wearing a skirt.

You'd rather lead a life
of quiet desperation?

Sleeping with the enemy
is no solution.

Passivity is the culprit.

Think of yourself as a victim,
you become a victim.

While you were an associate
at Adderly, Perkins,

how many hours did you typically bill
per year?

Over 3,000. Far and away
the most in the firm.

Was that because you were slower
than the other associates?

It was because
| had the largest caseload.

At any given time

| had a couple of dozen
active deals on my desk.

So you worked for all the partners
in your department.

On occasion.

But I'd have to say 90% of my work
was for Spencer Talbert.

Did you mind that?
At first it concerned me.

To make partner you need the votes of the majority
of the partnership.

But Mr. Talbert assured me
| shouldn't worry.

And you believed him? He said people
vote as he votes.

And he assured you
that you had his vote?

He said
if | didn't sleep with him...

| didn't have a chance to make partner at Adderly,
Perkins or any other firm.

A partnership was that important to you?
Yes. | earned it.

You could have gotten it elsewhere.
You could have left.

A black woman

who works eight years at a firm only
to get pushed out.

You tell me,
where was | going to go?

Did Mr. Talbert put a gun to your head?
No.

Did he handcuff you?
No.

Did he stick a sock in your mouth?
I'm not claiming he raped me.

But once upon a time you did,
isn't that right?

Yes.

And that accusation was a lie,
wasn't it?

You willingly consented to have sex
with my client.

He threatened to ruin my career.
| see.

How much money would you have made had you
remained a senior associate?

$150,000 a year.

Sounds like utter ruin to me.

No. That's not the point.
It wasn't about the money.

Well, that's a shame, counselor. Because as it
turns out for my client,

it was the most expensive
roll in the hay in history.

| bring in more business

than any other lawyer
in the firm.

| teach securities
at Columbia Law School.

| chair several committees
at the Bar Association.

I've drafted legislation
passed by Congress.

No, counselor,
the shame of it is

| couldn't have done
any of those things

if | hadn't spread my legs
for your client.

The People rest, Your Honor. Call your first witness,
Miss Powell.

The defense rests as well,
Your Honor.

Well, we can have summations
tomorrow morning.

No witnesses. I'd say Powell's
a bit overconfident.

Why shouldn't she be?

You're asking the jury to create a crime
behind the legislature's back.

That's because the legislature never conceived
of anything like this.

There are seven women on the jury.
Which leaves five men.

All of whom have probably fantasized
about their own co-workers.

So what?

If we assume that everything
Sarah Maslin said is true,

my client is the quintessential
sexist son of a bitch.

He not only took advantage of Miss Maslin,
he demeaned her.

He humiliated her.
He destroyed her dignity.

As a woman, I'd like to go over there
and smack him in the head.

But as an officer of the court,
all | can do is say,

"So what?"

Sarah Maslin was ambitious.
She wanted to get ahead

and she got what she wanted
by her own choice.

She alone determined her fate.

Sure she may be
emotionally distraught.

But under the law,
you hurt someone's feelings,

you take out your checkbook.
You do not go to jail.

Give me the keys to your house

or I'll charge you
with murder.

I'm the DA, | can do it.

Give me $10,000

or I'll tell the Feds about that shipment of heroin
| saw you pick up at JFK.

I'm the DA, they'll listen.

What would you do?

| can tell you what I'll be doing
for the next ten years or so.

I'll be in Attica.

Because what | did is called extortion.
And it's a felony.

Sleep with me or I'll tell your boss that you're under
indictment for fraud.

It's not true, but do you really think
you'll be working next week?

Sarah Maslin
worked for eight years.

She was the best, the most productive associate
in her firm.

She had clearly earned a partnership. But the only
way that she could get it

was to have sex with the man who had the power
to make or break her career.

Sarah Maslin

laid down on that couch
for Mr. Talbert.

But can any of us say
that she really had a choice?

JUDGE SCHREIBER: Have you reached a verdict?
We have, Your Honor.

On the sole count
of the indictment,

grand larceny in the first degree,
how do you find?

We find the defendant guilty.

The defendant is remanded
to custody pending sentencing.

(GAVEL BANGING)
Court is adjourned.

Nothing like making new law.
Enjoy it for three months.

I'm not so sure
it'll be reversed.

Well, it's not the appellate court
I'm worried about.

You think the legislature
will pre-empt them?

| think the jails will be too crowded
if they don't.