All language subtitles for Law.and.Order.S15E07.Gov.Love.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

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.

Mark!

Let's take a walk.

I'm not gonna risk losing my job
to go smoke some bowl.

They're not paying us.

Oh, a rowboat.
Come on.

If you get me wet,
I'll kill you.

Don't worry about it.

Alison, get the police.

A couple of volunteers
ducked out of the party

to smoke some grass.

They get ready to set sail
and voila.

What was going on here?

A Democratic fundraising lunch.

It's funny how mot
of the Party of the Peope

blew outta here before
we can get their statements.

Yeah, I'm guessing the vic
stepped out for a smoke,

Well, I doubt she was mugged.

Look at the size
of that rock on her finger.

Looks like she was skewered
with an ice pick.

Check to see if the bartenders
are missing one.

Sure thing.

Anybody know who she is?

Peggy Riordan, wife of
the Governor of Connecticut.

Well, this should be
interesting.

About 180, most of the guests
were political contributors.

And did Mrs. Riordan
come with her husband?

Thank you.

She came alone.

She must have had security.

She told us
she wasn't bringing any.

Did she seem like
she was enjoying herself?

I was very busy.

We have a dedicated group
of volunteers

to make sure that our guests
are well cared for.

Will you please excuse me?

Dedicated, right.

I saw Mrs. Riordan come in
around 12:30.

Was she with anyone?

Um...I don't think so.

But there was
this black woman, though.

And on the way into the party,

the two of them
got into an argument.

And this woman,
was she a guest?

Um...
she wasn't dressed right.

What'd she look like?

Uh, 5'10", 5'11",
short hair, um...

They were going at it
pretty good.

The woman had somethig
silver in her han,

maybe a cell phone.

And Mrs. Riordan had to
push her out of the way

in order to get into the party.

And where'd this woman go?

She went the other way.
Into the park.

The bartenders use bag ice,
no ice picks.

Let's talk to the M.E.

She was stabbed once.

Ice pick punctured the sternum,
into the left ventricle.

Surgical accuracy.

Yeah, or dumb luck.

Latent picked up
the weapon for prints.

How much force
would it take the suspect

to drive that thing
through her chest?

To punch through
her sternum like that?

Yeah.

It was no 98 pound weakling.

One of our witnesses
said she had words

with a Jane Doe
before the party.

Yeah, a decent size woman could
definitely get the job done.

Hello?

Blood alcohol?

Legally intoxicated,
.11.

So it wouldn't take that much
to get her off guard?
Uh-u.

All right,
we'll be right there.

Governor just arrived.

We know this must be
very hard for you, Governor.

This is just unbelievable.

Nineteen years.

Let us know
if there's anything we can do.

Has your Commissioner
been informed?

He was notified immediately.

Uh-huh...So my wife
is murdered in Central Park

in broad daylight
and he's not here?

I'm running
this investigation, sir.

And everything that can be done
is being done.

Have you or your wife
received any threats lately?

Through the mail
or on the telephone?

Not that I know.

No. Robert?

I've heard nothing
from our threat assessment team.

Well, we heard that
she was being harassed

as she was going
into the luncheon.

By a reporter?

What makes you say that?

We get it all the tim.

This isn't the time
to talk politics.

Governor Riordan has a very long
trip back to Hartford.

Pardon me, Governor.

Sir, what's your hurry?

I have two children
who just lost their mother.

I expect some answers soon,
Lieutenant.

We'll do our best, sir.

Thank you.

Governor's aid got
a little touchy

when that reporter thig
came u.

You think our perp
could be a reporter?

Well, one of the witnesses
we talked to

said the woman that
confronted her

had something silver
in her hand,

which could have been
a tape recorder.

But why would
a local reporter be interested

in the wife of
the Governor of Connecticut.

Well, maybe she wasn't
a local reporter.

You get Tri-State Ten, right?

Yeah, it's outta White Plains.

And they cover
the New York Metropolitan area.

Which includes Connecticut.

Look guys, as you can imagine,
it's been a very hectic day.

If you guys maybe wanna
make an appointment.

Appointments?

We don't make appointments.

Now we're looking for
a black woman, tall, short hair,

in her 30s.

Why?

Don't you worry about that.

Is there anybody here
that fits that description.

Claudia Gaines might.

She's working on the story
about the Riordan administration

and their favoritism in handing
out state contracts.

Miss Gaines?

Yes?

I'm Detective Fontana.

This is Detective Green.
New York City police department.

We have some questions
we'd like to ask you

Mind if we do this alone,
gentlemen.

It's okay, Jeff.
I got it.

Yeah?

So where were you today
at 12:30?

I was in New York City

at the Democratic
Benefactor's lunch.

And you had some words
with Mrs. Riordan?

Well, I'm an investigative
reporter.

Words is what I do.

How long did you stay?

I confronted her, okay?

But I was in my car
heading back to White Plains

fifteen minutes later.

And what did you confront
her about?

Connecticut awards
public works contracts

to companies with a significant
minority payroll.

The list of companies
that qualify

is certified by the governor.

So what's wrong with that?

Well, most of the businesses
on Riordan's list

are owned in whole or part
by Richard Kaplan.

So you're saying Kaplan's
a major player up there?

Huh, Donald Trump Wannab.

And it's your contention

that there's something in it
for the governor?

That's what I'm tryig
to figure ou.

By confronting Mrs. Riordan?

No, I went there
to talk to Kaplan.

When I saw Peggy Riordan there,
I figured I'd take a shot.

I've known Peggy for 10 years.

She was wonderful.

Such a terrible loss
for the Governor.

How long has it been
since you've seen her?

Well, I was at the benefit
in the City yesterday.

Yeah, it was really nice
of you to stick around.

Not now.

Well, how could I possibly help
solve a New York City mugging?

Who said it was a mugging?

Did you spend any time with
Mrs. Riordan at the luncheon?

Just to say hello
when I came in.

Hmm, what time was that?

Around 1:45 or 2:00.

Lucky for you,
you came late enough

to miss Claudia Gaines.

That hack showed up?

She's been hounding Governor
Riordan since he was elected.

So you know about
her investigation

into the state
construction bids.

It's not an investigation,
it's a witch hunt.

I'm sorry, what does any of this
have to do with Peggy's murder?

Well, it's just
coincidental to us

that Mrs. Riordan's death
pops up in the middle

of all of these irregularities.

Like I said, Detective,
there are no irregularities.

Were you aloe

at the benefit, Mr. Kaplan?

No, there's a woman who does
public relations for me,

Nicole Temple.

She was with me the whole time.

I've worked with Richard
about five or six years now.

I accompany him to a lot
of these political events.

He says it helps to have a woman
there to break the ice.

And you run your business
from your home here?

Yeah, all I really need
is a phone and computer.

Keeps my overhead low.

Then you met Mr. Kaplan
at the luncheon?

No, no, we drove in together.

He picked me up here
around noon.

But you didn't get thee
'till 2:0.

Yeah, Richard had to drop off
his plans for his foreman.

Oh...where?

He's building a complex
off I-95 in Bridgeport.

The opposite direction
from New York City.

I told Richard
we were gonna be late,

but he said
it was really important.

And you two were together
the whole time?

Sure, Richard likes me
to stay right by his side.

How far is Stanford
from Bridgeport?

Uh, without traffic
about half an hour.

So this guy drives an hour
out of his way

to drop off some paperwork.

You saw the guy's office.

He's got gophers licking
his stamps for him.

Well, while we're up here,

would it make you happy
to check out his story?

Well, right now his only alibi
is his P.R. lady.

Get in there.

I've seen Mr. Kaplan
maybe twice

in eight years.

He say why he was here?

No, he just asked me
to go outside

and keep an eye on his car.

When I got outside, I saw
what he was so worried about.

Miss Temple?

Uh, yeah.
Damn! She was hot.

So I tried
to talk to her, you know?

Kick a little convo.

The bitch wouldn't even
roll the window down.

How long was Kapln
in his offic?

Two, three minutes.

Did he leave some paperwork
for your foreman?

That's what he said, but you'd
have to check with Vincent.

Would you hae
Vincent's number hand?

Yeah.

What's wrong?

Nothing.

Is there a proble?

Something's missing.
No big deal.

Well, what's missing?

Well, when I work nights,

sometimes I have to chase
away the bums

who come into the site
looking for scraps to rip off.

I keep a scratch awl in here
to carry around with me

just in case.

An awl?

Yeah, it's like a screwdriver

with a sharp point
on the end.

Like an ice pick?

able t.

I'm gonna have my lawyers
make a complaint

to the Chief of Police.

How come you rich guys
always have to have your lawyers

do your talking for ya?

Look here, Mr. Kaplan.

So what took you so long
to get to Manhattan that day?

I had to drop off
some plans in Bridgeport.

Does this awl look familiar?

Let me refresh your memory.

Your security guard
from the Bridgeport site

said this went missing
when you showed up

on your way to the fundraiser.

Lo and behold, we found it
in Mrs. Riordan's chest.

Well, the guard you talked to
was suspended four times

in the last 18 months
for being drunk on the job.

Is that why you picked
his trailer

to get the murder weapon from?

You should be careful
who you're accusing, Detective.

Oh, not those pesky
lawyers again.

I went there to leave
some specs for Vincent Caparzo,

and unless that thing
has my fingerprints on it,

I'm walking outta here.

You know what, Mr. Kaplan?
You're absolutely right.

This is just an interview.
You're not under arrest.

And you're free to do
as you wish.

Yeah, Mr. K dropped off
some specs that day.

It just seems strange
that your boss

will drive an extra hour
and walk through

a muddy construction site
on his way to a party.

Well, I needed those specs
to start wiring the third floor.

Now here's what doesn't
make sense to us, Vince.

Kaplan has got you running
cash to the Governor,

but yet he does his own
messenger runs

for some routine paperwork?
Come on.

What are you guys
talking about?

Look man, we know about your
little side trips to Hartford.

You guys are full of it.
Are we?

Kaplan is dropping names
like he's going

to the electric chair
in the morning,

and one of them is yours.

After all I've done for him,
he tells you this crap?

Well, what do you
do for him?

Everything, from leasing
his cars to pimping for him.

The guy can't even
get laid on his own.

You get women for him?

He needed the name
of an escort service.

I told him about
Les Belles Tulipes.

Ah, Les Belles Tulipes.

I wonder if an alibi's the same
price as a half and half.

See you, Vincent.
Later.

It's not like you think.

He considers me a friend.

Friend?
Friend with privileges?

He pays for my company.
That's it.

And how much extra
for the alibi?

I wouldn't do that.

So you're sticking
to the story

that you and Kaplan were
together during the whole party?

Not a story.

Well, great, that makes you
a material witness,

which means the Grand Jury
requires your availability

for 30 days.

You miss one morning,
you're going to Rikers.

Richard Kaplan really
worth all that?

Okay, I wasn't with
Richard the whole time.

He left me alone
for 10, 15 minutes.

Did he say where
he was going?

I assumed he went
to the men's room.

What do you know about Kaplan
and Government Riordan?

I seduced a man
and took him to a hotel.

Isn't that your job?

The man was
Richard's brother-in-law.

As far as he's concerned
I'm just a lowly CPA

who married his sister.

His CPA?

Well, I do the books
for his company.

Well, he must think pretty
highly of your work

to treat you to a night
with Nicole.

That night was a big mistake.
Huge.

You didn't know
she was a hooker.

No.

So why was your brother-in-law
being so generous?

Well, come on, Larry,
you're gonna have to talk to us

sooner or later.

Look, I-I don't know.

Maybe I should call a lawyer.

Come on, man,
maybe we can help you.

Or we can have this
conversation in the backyard

with the wife and the kids.

The state Attorney General
called me in for an interview.

I keep postponing it.
I don't know what to do.

Oh.

I met her in a restaurant.
We had a few drinks.

She takes me back
to the hotel.

Two days later,
Richard sends me these pictures.

Nice touch, she left
her high heels on.

He said if I talked to the A.G.,
those pictures go to my wife.

What doesn't he want you
saying to the A.G.?

Well, for starter,

Richard built Governor
Riordan's country house for free

in Litchfield.

And I cooked the books
to show $840,000 in payments

that don't exis.

So the Attorney General's
after Riordan too.

Sure he i,

the Governor lives
out of Richard's pocket.

From rigging contract bids to
giving Richard's squeeze a job.

Wait, Nicole works
for the Governor?

No, not Nicole.

What's this other woman's name?

It's not a woman.

I never dreamed I'd be
in public service.

I have a B.A.
in art history from Vassar.

Wow, that's a big leap

to Deputy Commissioner
of Transportation.

You studied a lot of traffic
patterns at Vassar, did you?

It was a hard adjustment
at first,

but I'm finally
making headway here.

How long have you been
with Mr. Kaplan?

About three years.

Were you two together
later that day?

Yes.

You notice anything
unusual about him?

He was obviously
pretty shaken up

about what happened
at the party.

But you were here at work
that day, Mr. Bradley.

Yes.

Someone in your office
can verify that?

I did leave
for a business lunch.

In Hartford?

In Litchfield.

Litchfield.

Doesn't the Governor
have a home up there?

I don't really know.

Listen, we need the names
and addresses of where you were

and who you were with.

It was very crowded, I doubt
they'd remember us there.

Maybe you'll get lucky.

My lunch meeting was
with Governor Riordan.

So you think Riordans
on the down-low?

Well, that's not
the first time that happened.

You know come to think of it,
the Governor did give off

a certain vibe.

Oh, please.

Do you remember
how well-dressed he was?

Like you?

If I'm not mistaken, he was
wearing a John Varvatos sweater

and Helmut Lang slacks.

Now I know
it's not scientific--

I appreciate
the fashion lesson,

Fontana, but I ain't buying it.

Just hear me ou.

If there is a love triangle...

How does Peggy Riordan's
murder fit in?

All three of them lied
through their teeth.

And there's
your scientific proof.

Okay.

Get Devin Bradley in here.

See what shakes out
when you rattle him.

My relationship
with the Governor

is strictly professional.

Uh-uh, don't.

Don't you treat us
like we're idiots, Devin.

I think I wanna call Richard.

He can't help you now.
We caught you lying.

But I'm--
Which means you're going in.

I'm the one
who hasn't done anything.

Then you need to start
worrying about yourself

and not who you think
you need to protect.

Devin...

Have a seat.

If you are as innocent
as you say you are

we'll help you get through
this mess with some dignity.

But if you jerk us around,

we're gonna take that
very personally,

and then all bets are off.

Three months ago, the Governor
and I had a meeting

about a highway project
I recommended.

He asked me out for a drink.

I knew what he wanted.

But I didn't wanna lose my job.

And was it just
that one time?

It's been going on
ever since then.

Wait, you're sayig

all this time
you were sexually harassed.

Whatever you wanna call it.

Then Mrs. Riordan found us
alone in his office.

I knew I had to tell Richard.

Kaplan must have been pretty
pissed off about that.

It was pretty bad.

But he was more upset
with the Governor.

Why, because
he was hitting on you?

Because the Governor
would have to resign

if his wife went public.

Well, she never got a chance
to do that, did she?

Richard said
he would take care of it.

I wasn't sure what he meant.

When I came home
from Litchfield Wednesday,

after Governor Riordan
got the call...

Richard told me.

He told me that he killed
Peggy at the party.

Richa.

Charge of Murdr
in the Second Degre.

How does Mr. Kaplan plead?

Not guilt.

We're asking you to remand
the defendant, Your Honor.

Mr. Kaplan's unlimited resources
make him a flight risk.

We have a very strong cae

which includes a confession.

We received no notice that
our client made admissions.

They were made to a civilian.
No notice is required.

Tell me about this confession,
Miss Southerlyn.

The defendant admitted
the murder to his boyfriend,

a man named Devin Bradle.

And Mr. Bradley had nothing
to do with this incident?

Not exactly, he was having
an affair

with the victim's husband,
the Governor of Connecticut.

Quiet.

The defendant's business...

The defendant's business
depended on

favorable consideratin
from the Governo.

Mrs. Riordan was poisd

to expose her husband's affair
and jeopardize

his political career.

Bail is set at $5 million.

Mr. Kaplan will surrender
his passport.

I hear the cow-pies
have hit the fan in Connecticut.

Judge Goldberg didn't
leave me much choice

but to lay the whole thing
out for her.

Is Devin Bradley
standing by his statement?

He's scheduled in
the Grand Jury on Friday.

No qualms about testifying
against his boyfriend?

He realizes
he's in over his head.

He wants to do the right thing
and get on with his life.

I hope there's more to our case
than this young man.

Motive, opportunity...

How 'bout a murder weapon?

We can establish that the awl
used to kill Mrs. Riordan

was missing from
a construction site

that Kaplan visited
on the day of the murder.

But according to
the manufacturers,

they sold ten thousand
of these things.

The confession's
still the linchpin.

And we need to go into
the Governor's bedroom

to make it all fit together.

That'll be pretty sight.

I'd like to talk to
the Governor, Arthur.

Make sure he'll play ball
with us.

You got your work cut out
for you, Jack.

Anyway you look at it,

we're taking down
his administration.

Well, that's quite a tall tale
Devin Bradley's telling.

I've been happily married
for 19 years.

He swore to it.

Before a Grand Jury, sir.

People swear to many things.

And Richard Kaplan
has enough dirt on Bradley

to rip his heart out
during a cross-examination.

Bradley's not
our only witness.

Kaplan's CPA
has a paper trail proving

Kaplan built your house
on the cuff.

You got quite the nerve
to walk into my office,

attack my family,
and impugn my integrity.

Let's drop the pretense
Governor.

Right now
there are three scandals

hanging over your head.

Three is it?

Rigging bids for Kaplan.

Sexual harassment

of your Deputy Commissioner
of Transportation.

And the fact that
you cheated on your wife.

With a man.

Excuse me, four.

And you might very well

survive all of the.

But I doubt you'd survive
a murder indictment.

What are you talking about?

Richard Kaplan
murdered your wife.

You had as much to gain
by that as he did.

Is Governor Riordan

a target of your investigation?

If he stonewalls
our investigation,

we'll have to assume
he conspired with Kaplan.

Or at the very least
put him up to it.

You'll have a war on your hands.

Listen to me, Mr. McCoy.

I had nothing to do
with Peggy's murder.

Then put aside
the bravado, Governor,

and help me convict
the man who killed your wife.

I'm not the monster
you think I am, Mr. McCoy.

Now you may find this
hard to understand.

But I loved Peggy.

She was my family.

And my friend.

And we raised
two wonderful children.

On top of losing her,

you realize that
this will cost me my job.

Yes, I do, Governor.

My constituents deserve
a governor

who is not distracted
by personal affairs.

The death of my wife,
the rumors

that surround that tragic event
have had an adverse impact

on my ability to perform
the duties of this office.

Therefore,
effective immediately,

I resign the office

of the Governor
of the State of Connecticut.

Thank you.

Governor? Governor? Governor?

"Personal reasons,"
the all-purpose mea culpa.

You didn't expect him
to come out of the closet.

He won't have any choice
in the courtroom.

Some part of me feels
sorry for him.

Why?
He's a corrupt politician.

I don't know, he did a lot
of good for this state.

He puts suburban property
tax money into urban schools.

He created a medical safety net
for the elderly.

He shouldn't be hitting
on his subordinates.

Especially the lover of the man
he was taking bribes from.

He had to hide
his sexual orientation

to accomplish his goals.

Sexual orientation is not
a license to be dishonest.

See you in the morning.

I met Richard Kaplan
after I was elected

to the state legislature.

I sponsored a bill
which gave incentives

to contractors with significant
minority workforces.

Richard owned several companies
that qualified.

And we became political allies
and friends.

How much business
did his companies do

with the State of Connecticut?

Last year his companies received
over $20 million

in state contracts,
and he just bid

on a $35 million public wors
project in Danbur.

Did you meet a man named
Devin Bradley during your term?

Richard introduced me
to Devin about a year ago.

He mentioned that Devin
was looking for a new job.

So I recommended him to my
Commissioner of Transportation

who hired him last summe.

What was your relationship
with Mr. Bradley?

Very limited.

He would attend monthly
transportation meetings.

But shortly before
my wife was killed,

we began having an affair.

Did your wife know about this?

Not at firs.

But, uh...one nigt

Peggy arrived unexpectedly
at the office

and found us together.

What happened?

Peggy was shocked.

She had no idea that I was...

I'm gay.

I asked her to ride things out
till after my term was over.

But Peggy said
she didn't know if she could.

What did you do?

I decided to ask Richard
for his advice.

What exactly did you tell him?
And when?

A few days befoe
Peggy was kille,

I met Richard for a drink.

And he already knew
what happened.

How did Mr. Kaplan react?

He thought tht
there was a good chane

that Peggy would go public.

He was very angry about that.

And he said if I left office,
his businesses could fold.

Nothing further.

So if your illicit
gay love affair was exposed,

you would have had to resign,
Governor?

Yes.

That must have been
a huge motive

to see that your wife
kept her mouth shut.

I was 100 miles away.

With my client's boyfriend?

While Richard
was at the same party

my wife was killed.

So who's to say that
you didn't hire someone

other than my client
to do your dirty work?

Objection. Argumentative.

Sustaine.

I did not kill her.
I had nothing to do with this.

But you lied to your wife
of 19 years.

You lied to your good friend,
Richard Kaplan.

And you lied to all four million
of your constituents.

Yes.

So why should these 12 strangers
believe anything you say,

Governor?

At some point while you were
having lunch in Litchfield,

did Governor Riordan
receive a phone call?

Yes, he di.

Something terrible
had happened to his wife.

He said he had to leave
immediately.

What did you do, Mr. Bradley?

I got in my car,

and I drove to Greenwich.

That's when I heard
on the radio

that Mrs. Riordan
had been killed.

Where did you go?

I went to Richard--
To Kaplan's house.

And when you got there,

was Mr. Kaplan at home?

Yes.

Your Honor...

I want to object.

On what grounds?

Can I be heard in chambers?

Please, Mr. Pincha,

you really wanna hear this one
in chambers, Your Honor.

This better be good.

I'm moving to preclude
any conversation

between Mr. Bradley
and my client on that night.

Which would include
Mr. Kaplan's admission

that he murdered Peggy Riordan

at the fundraiser.

Grounds, Mr. Pincham?

Spousal communication privilege.

Richard Kaplan
and Devin Bradley

were married in New Paltz,
New York in March.

Why didn't we know about it?

A man who brings a beard
to a party

is not gonna bring a wedding
ring from his gay lover.

They just kicked
a big hole in our case.

If it's true.

Take a ride up
to New Paltz.

Find out if this marriage
is on the books.

I married 217
gay and lesbian couples

in private ceremonies
in March.

A Richard Kaplan
and Devin Bradley.

You want the paperwork,
check downstairs

with the Bureau of Records.

So this is the real deal?

The Town Clerk issued

the marriage license.

And as Mayor of
the Town of New Paltz,

I'm authorized to preside
over civil ceremonies.

Of men and women.

Statute doesn't say
anything about gender.

This is a legitimate marriage

under Article Three
of the Domestic Relations law.

I admire your creativity,
Mayor Carpentino.

Have a seat.

Look...Serena.

This is going to happen
on a large scale

once the social conservatives
in this country

lose their political clout.

Canada already has gay marriage.

San Francisco, Massachusetts,
Vermont--

the writing's on the wall.

Do you actually think
these marriages

are gonna be held up in court.

Too soon to tell.

There's an injunction
stopping me

from performing any more.

The County Judge who issued it
sits right down the street.

1:00.

Judge Stojakovich'll be
at Andy's Luncheonette.

Little brat gets himself
elected Mayor by 96 votes,

thinks he can rewrite
the laws of nature.

And you stopped him
single-handedly.

That's what I call
judicial activism.

I issued the injunction,
but I didn't file the suit.

Who did?

The Coalition for Family Values.

Thank the Lord somebody finally
put an end to that nonsense.

Whole thing's an abomination.

I mean, marriage is
the bedrock of our society.

These people are making
a mockery of it.

Did your injunction affect
the status of the marriages

that were consummated?

Don't use that word.

I can't annul a marriage
that's been duly administered

unless a party to it
brings an action.

I wish I could undo
every one of those things,

but right now,
it looks like

those "people" have slipped
through a loophole.

The Mayor's power
to marry gay couples

is in legal limbo,
but the marriages

he presided over in March
seem to be legit.

And those no direct
legal precedent

on the evidentiary issue
Kaplan raised.

So it seems our only choice
is to respect the privilege.

Or attack it.

You think that this shouldn't
apply to gay marriages?

It's not relevant
what I believe.

I just wanna go
on the record

that a private conversation
with your partner,

gay or straight should be
kept confidential.

That's not what the law says,

and that's not the legal
position I'll be taking.

You're gonna argue the privilege
should only apply

to heterosexual relationships?

To put a murderer
behind bars, yes.

Are you sure those nuns didn't
get inside of your head, Jack?

That has nothing
to do with it.

I suggest you leave your opinion
about sexual politics

at the water cooler
and help me win this case.

e

and were legally married

by the Mayor of New Paltz.

No court has upheld
the legal efficacy

of any of the New Paltz
unions.

And no court has deemed
one of the marriages invalid.

In a case of first impression,
the court must look

to the policy served
by the privilege.

Fostering free
and open communication

between committed couples.

If that were so important,
why have the New York courts

excluded unmarried couples
from claiming the privilege--

No matter how long
their relationship.

So the opportunity to bare
one's soul to a loved one

in confidence is available only
to married heterosexuals?

Maybe the clerical privilege

should be limitd
to Catholic.

So you're sayig
I should constre

the privileges narrowly
as possible, Mr. McCoy?

Because an evidentiary privilege
frustrates the administration

of justice.

When one spouse
isn't allowed to testify

to what the other spouse said,
it hinders the search for truth.

But the parties
are validly married.

I'm not about to parse
the difference

between a gay marriage and
a straight marriage, Mr. McCoy.

I'm upholding the privilege.

Mr. Bradley may not testify
about any admissions

the defendant may have
made to him.

Can we win this case
without the confession?

I doubt it, Arthur.

Bradley testifying
against his lover

was a powerful piece
of evidence.

I don't supposed Kaplan
wants to cut a deal.

I don't wanna offer a plea down
even if there was interest.

Well, we don't have
a lot of choices.

We can ask the Court of Appeals
to intervene.

I doubt they'll hear a challenge
to an evidentiary ruling

made in the middle
of a trial.

That's not how I'll frame it.

I'll ask fr
a declaratory judgmet

invalidatig
these gay marriage.

Every one?

If that's what it takes.

What, are you making
social policy now?

The law's in a state of flux.

It's incumbent upon us
as prosecutors

to leverage that opening
to obtain justice.

I don't agree with that.

It's standard operatig
procedur.

Before Batson came along,
it was routine

to try to stack your jury
on the basis of race.

Until the Court of Appeals
rules otherwise,

we should take the position
that marriage

is between
a man and a woman, period.

Sell your soul to the religious
right to win the case.

Push the court to define
what the law is.

Marriage is a state matter.

I see nothing wrong with asking
the highest court in New York

to put an end to the confusion
that's going on right now.

We'd be setting back
gay rights 20 years.

Our job is to put
Kaplan behind bars.

Not to fight the culture wars.

I don't think I'm gonna be much
help to you up in Albany.

This could cost me
some votes.

I thought about that too.

You got a better idea?

Do what you gotta do.
I've got your back.

Isn't the position your office
is taking anti-gay,

if not downright homophobic?

The ruling we're seeking has
nothing to do with gay rights.

It's about whether a confession
can be used against

an accused murderer.

But isn't it true
that if you win,

all the gay marriages in this
state will be invalidated?

I don't wanna speculate
on how a court might rule.

What do you say
to your gay constituents

who are up in arms about this?

Well, I would first suggest
they lay down their arms.

I mean, look, gay citizens
in New York are statistically

much more likely
to be victims of crime.

So it's in everybody's interest
to have a D.A.'s Office

that will do everything
legally possible

to bring violent offenders
to justice.

Thank you very much.

The case at bar, Your Honors,

is one in which
an accused murderer

seeks to expand
the marital privilege.

Doesn't the Equal Protection
Clause require this Court

to apply
the same evidentiary rules

to both heterosexuals
and homosexuals?

This isn't the right to vote.

When the Domestic Relations Law
was adopted,

it was inconceivable

to the frames
that it would cover anythig

other than a marriage
between a man and a woman.

This Court should construe

the law according
to that intent

and deem the marriages invalid.

Where the law is silent as to
gender as it is here, Mr. McCoy,

shouldn't we avoid
such an antiquated construction?

In a matter fraught with emotion
and fundamental disagreement,

I'd argue that judicial activism
is inappropriate.

Where would we be on civil
rights if the Supreme Court

adopted that line of thinking?

It's one thing for
the highest court in the land

to forge policy
in a national crisis.

But the Mayor of New Paltz

shouldn't be leading
the charge.

Societal change

of that importance
must be the province

of our elected officials
in Albany.

A rose is a rose is a rose.

Two people who take a vow
before a public official

or a cleric to share
their lives is a marriage.

What about Mr. McCoy's argument?

That this was surely not
contemplated

by the authors of the law.

Rigidity in the fae
of progress is not justic.

The rulings of this very court
reflect that.

Gay partners are now allowed

to adopt children,
are considered family members

for the purpose
of rent control,

have burial rights, which
supercede those of a parent.

Aren't you asking us to be
social engineers and not judges?

When Virginia forbade

blacks and whites
from marrying each other,

the Supreme Court held
that marriage

is a fundamental right for all.

The institution of marriage
promotes social

and economic stability.

And same-sex partners are
entitled to a legal status

that furthers these goals.

Even if doing so disallows
a murder confession?

One of the benefits
of a marital relationship,

one of the privileges
is the right

to free and open communication.

Sometimes the results of ths
are discomfortin.

But an occasional injustice
is far outweighed

by the overall benefit
to society.

Simply put, the governmet

should stay out of love.

We thank both counsel.

Let us deliberate,
and we will return

with a decision from the bench.

It is the opinion

of this court that the marriages
solemnized in New Paltz

in March are hereby deemed
null and void.

Gay marriage was never
contemplated

by the current statue.

However, we asked the State
Legislature to address

the inequities now faced
by gay couples in this state

and to craft
a formalized ceremony,

be it marriage, civil union,

or some other alternative
to allow

same-sex couples the
opportunity to avail themselves

of all the rights and benefits
of married heterosexuals.

Three Judges dissent
from this opinion.

The defense's motion to preclude
Devin Bradley's testimony

on the basis of spousal
privilege is denied.

Mr. Bradley may testify.

Calling your attention
to the day of the incident,

Mr. Bradley, you previously
testified that you drove

to the house you shared
with Mr. Kaplan in Greenwich?

Yes.

Was Mr. Kaplan home?

Yes, he wa.

What was his emotional state?

I don't know what you mean?

What, if any, conversation

did you have with him?

What did he say to you,
Mr. Bradley?

Mr. Bradley.

I'm not gonna answer that.

Your Honor.

If you don't answe,

you can be held in contempt.

I was gonna testify, Mr. McCoy,

even though
it was really hard for me.

But then you went and undermined
everything that I am.

Mr. Bradley, please,
this isn't a soapbox--

I don't care if I go to jai.

We are not second class
citizens, Mr. McCoy.

You can't treat us like that.

This is your last chance, sir.

Very well, I find you
in contempt of court.

Sergeant, put him i.

Motion for mistrial.

Can we recess for an hour,
Judge?

30 minutes.

A mistrial means nothing,
Mr. Kaplan.

We'll try you again.

Without your key witness, Jack.
Why bother?

A few months in the Tombs
might change Mr. Bradley's mind.

Seems to me

he was dead set on
seeing this through.

So let's both leverage our risk,
Mr. Kaplan.

I'm not pleading guilty.

You'd rather let Devin
rot in jail for you?

Didn't you hear him?
He's not doing this for me.

At least he has some principle.

More than I can say for you.

You don't know a thing
about me, Mr. McCoy.

I know you murdered an innocent
woman to save your business.

I know you're willing
to sacrifice

someone who loved yo,
who married yo.

Devin was the one
who wanted to get married.

And then he betrayed me.

If you think you're going
to walk away from this

free and clear, you're wrong.

There's no statute of
limitations on murder.

I'll wait Devin out
until hell freezes over,

and when I finally convict you,
you'll do 25 to life.

What are you offering?

Murder Two.
Twenty to life.

Too much.

How 'bout Man One?

Fifteen to life, Mr. Kaplan,
now or never.

You'll let Devin out?

After we have this
all on the record.

I'll take it.

Draft an Order to Corrections
to release Devin Bradley.

Congratulations, Jack.

You got everything you wanted.

It rarely works out that way.

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