Original subtitles

[Announcer] THE PROSECUTION FIGHTS FOR NEIL'S RECORDS.

WE BELIEVE THE DOCTOR'S FILES ON THE DEFENDANT SHOULD BE OPENED.

LET'S SEE WHAT THE DOCTOR KNEW AND WHEN HE KNEW IT.

[Neil] WHAT ARE THE CHANCES THE JUDGE'LL KEEP DR. LESTER'S RECORDS SEALED?

ZERO. BUT I THINK SHE'S WRONG.

AND IF I'M RIGHT ABOUT HIM, LESTER'S RECORDS ARE FILLED...

WITH REFERENCES TO YOUR VIOLENT NATURE.

INCLUDING A BACKDATED MEMO DESCRIBING HOW YOU CONFESSED TO MURDERING JESSICA.

THIS IS MY SHRINK WE'RE TALKIN' ABOUT?

WE'RE TALKING ABOUT A THOROUGHLY CORRUPT BASTARD WHO'S SELLING YOU DOWN THE RIVER.

[Announcer] THE VICTIM'S SISTER.

HAVE YOU STARTED PREPPING JULIE COSTELLO TO TESTIFY?

- [Arnold] SHE'S COMING IN TODAY. - MIND YOUR P's AND Q's.

ASSUME ANYTHING YOU SAY GOES BACK TO RICHARD CROSS.

- WHY DON'T WE TRY A DRY RUN ON YOUR DIRECT? - ARE YOU MARRIED?

- NO. - ATTACHED?

- NO. - I WALKED OUT ON RICHARD,

AND THE ONLY PERSON I COULD THINK TO GO TO WAS YOU.

YOU COULD, UH, STAY AT MY PLACE UNTIL YOU FIGURE OUT YOUR NEXT MOVE.

THANK YOU.

[Announcer] THE SECRET ART DEAL.

DO YOU KNOW MUCH ABOUT ART? [Justine] I WAS AN ART MAJOR IN COLLEGE.

- AH. - CAN'T AFFORD THE PAINTINGS YET, SO I BUY THE BOOKS.

A HANS HOLBEIN IS COMING ON THE MARKET IN THREE MONTHS... VERY RARE.

I'D LIKE YOU TO GO TO AMSTERDAM AND NEGOTIATE THE PURCHASE.

WOULDN'T YOU BE BETTER OFF LETTING A PROFESSIONAL ART HOUSE HANDLE THIS?

I WANT YOU.

HE WANTS ME TO FLY TO AMSTERDAM TO BUY SOME PAINTING.

HE MADE A BIG SHOW OF WANTING IT TO BE ALL RIGHT WITH YOU.

IT'S NOT. I KNOW THIS ISN'T ABOUT ART.

BUT I COULD BE YOUR INSIDE GUY ON THIS.

TELL RICHARD YOU AREN'T INTERESTED. [Inhales, Sighs]

DO WE HAVE SOMETHING TO CELEBRATE?

EXCELLENT. ONLY, ABOUT TED...

I WOULD LIKE TO CHOOSE THE RIGHT TIME TO TELL HIM.

I'M SURE YOU'LL TELL TED WHEN YOU'RE READY.

[Announcer] A MARRIAGE IN TROUBLE.

I KEEP PUTTING THIS CONVERSATION OFF...

AND PUTTING IT OFF, AND I CAN'T ANYMORE.

I CAN'T KEEP LIVING THE WAY WE'VE BEEN LIVING.

THE TRIAL'S BEEN EXHAUSTING, I KNOW.

I THINK WE NEED TO SEPARATE FOR A WHILE.

- ANNIE, DON'T DO THIS. I LOVE YOU. - I'M SORRY.

[Judge Bornstein] IT IS THE FINDING OF THIS COURT THAT DR. LESTER..

WAS A PERCIPIENT WITNESS TO THREATS MADE BY MR. AVEDON...

AGAINST A YOUNG WOMAN UNDER HIS CARE.

THE DOCTOR THEN FAILED TO SAFEGUARD THE COMMUNITY.

HE FAILED TO ENSURE THE YOUNG WOMAN'S SAFETY,

EVEN FAILED TO MONITOR MR. AVEDON'S DANGEROUSLY MENACING BEHAVIOR.

ACCORDINGLY, IT IS THE RULING OF THIS COURT THAT DR. LESTER'S FAILURE...

TO ACT EFFECTIVELY WAIVES ANY PRIVILEGE OF CONFIDENTIALITY.

MR. AVEDON'S MEDICAL RECORDS, HELD BY DR. LESTER, WILL BE UNSEALED.

DR. LESTER WILL BE COMPELLED TO TESTIFY.

BRING IN THE JURY.

[Grasso] YOUR HONOR, THE PEOPLE WOULD ASK THAT DR. LESTER...

BE DEEMED A HOSTILE WITNESS FOR PURPOSES OF DIRECT EXAMINATION.

THE DEFENSE ASKS TO BE HEARD IN OPPOSITION TO THAT MOTION, YOUR HONOR.

[Man, Whispering] KEEP YOUR EYES ON THE PROCEEDINGS.

I'LL KEEP MY EYES WHEREVER I WANT TO. EXCUSE ME, GENTLEMEN.

- IS THERE A PROBLEM? - NO, YOUR HONOR.

- JUROR NUMBER THREE, IS THERE A PROBLEM? - NO, YOUR HONOR.

MR. HOFFMAN, YOU HAD ASKED TO SPEAK IN OPPOSITION.

- YES, TO THIS POINT... - I HAVE TO GO THROUGH YOU TO TALK TO HER?

- JUROR NUMBER THREE! - THAT'S NOT GONNA HAPPEN.

JUROR NUMBER THREE! I WILL TALK TO HER WHENEVER I WANT TO TALK TO HER.

- GENTLEMEN. - YOU DON'T LIKE IT, TOO BAD.

- I DON'T LIKE IT. - LIVE WITH IT.

SHE DOESN'T WANT YOU TO TALK TO HER. LIVE WITH THAT!

JUROR NUMBER THREE AND JUROR NUMBER 10, IN MY CHAMBERS, RIGHT NOW.

JUROR NUMBER TEN IS HAVING AN AFFAIR WITH JUROR NUMBER TWO.

DO YOU DENY IT? IT'S NONE OF YOUR BUSINESS.

- IS IT TRUE? - YOUR HONOR, ISN'T THERE SOME RIGHT OF PRIVACY ISSUE HERE?

WHAT IS IT, THE-THE... THE FOURTH AMENDMENT, THE THIRD AMENDMENT?

MR. BEWKUS, IF YOU'RE SUGGESTING IT'S NONE OF THE COURT'S BUSINESS,

ALLOW ME TO SET YOU STRAIGHT.

THIS COURT'S BUSINESS EXTENDS TO ANYTHING THAT INTERRUPTS ITS SESSIONS...

OR MAY TAINT ITS JURY DELIBERATIONS.

NOW, I WILL ASK YOU AGAIN. ARE YOU AND MS. ANTONELLI HAVING AN AFFAIR?

MS. ANTONELLI AND I HAVE BECOME FRIENDS TO SOME EXTENT.

THE PROBLEM HERE IS NOT US THOUGH. THE PROBLEM'S HIM.

HE'S BEEN REBUFFED. I WASN'T AWARE OF BEING REBUFFED.

IS THAT WHAT HAPPENED IN YOUR MIND? I'VE BEEN REBUFFED.

MR. METZGER, WHAT IS YOUR RELATIONSHIP WITH MS. ANTONELLI?

- TRUTH BE TOLD, I BARELY KNOW HER. - EXCUSE ME, YOUR HONOR.

THIS GUY'S BEEN PUTTING THE MOVES ON HER SINCE THE FIRST DAY OF VOIR DIRE.

HOW WOULD YOU KNOW THAT? YOU WEREN'T HERE THEN. YOU DIDN'T GET HERE UNTIL...

- THE LAST DAY OF VOIR DIRE. - I KNOW, BECAUSE SHE TOLD ME.

- IT APPEARS WE HAVE A PROBLEM. - YES, IT DOES.

LISTEN TO ME. I'M NOT GOING TO STOP THIS TRIAL DEAD IN ITS TRACKS FOR THIS NONSENSE.

UNTIL I'VE REACHED A FINAL DETERMINATION AS TO WHAT ACTION IS WARRANTED,

I WANT TO ASSUME THAT BOTH OF YOU CAN AND WILL...

CONDUCT YOURSELVES AS ADULTS IN THAT COURTROOM.

IS THAT UNDERSTOOD?

YES, YOUR HONOR. YES, YOUR HONOR.

GOOD. THANK YOU, GENTLEMEN.

THIS IS BECAUSE OF YOU. DON'T EVEN TALK TO ME.

YOU'RE A BABY.

OF 1993 TO SEPTEMBER OF 1995.

- IS THAT RIGHT? - YES.

IS THIS YOUR HANDWRITING, DOCTOR?

UH, YES-YES, IT IS.

I'D LIKE YOU TO LOOK THROUGH THE FILES AND TELL ME...

IF THESE ARE THE NOTES YOU KEPT ON YOUR SESSIONS WITH NEIL AVEDON?

UH, YES, THEY ARE. I REFER YOU TO THE NOTES...

ON A SESSION MARKED SEPTEMBER 9, 1995.

AND I WOULD ASK THAT YOU READ THEM TO US.

THE PEOPLE ASK THE COURT TO INSTRUCT THE WITNESS TO COMPLY WITH THIS COURT'S ORDER.

- THE WITNESS IS SO ORDERED. - I WON'T DO THAT, YOUR HONOR.

I DON'T FEEL THAT THIS COURT, OR ANY COURT, CAN COMPEL ME TO DIVULGE...

CONFIDENCES PLACED IN ME BY MY PATIENTS. [Judge Bornstein] DR. LESTER,

THE COURT HAS RULED THAT YOUR PRIVILEGE AGAINST TESTIFYING AS TO YOUR NOTES...

AND CONVERSATIONS WITH THE DEFENDANT HAVE BEEN EFFECTIVELY WAIVED.

- DO YOU UNDERSTAND THAT? - YES.

ARE YOU REFUSING TO ABIDE BY THE COURT'S RULING, DOCTOR?

YES, I AM. THE OATH OF MY PROFESSION PROHIBITS ME...

FROM DIVULGING ANY PRIVILEGED COMMUNICATIONS. YOUR HONOR,

THE DEFENSE ASKS FOR AN OPPORTUNITY,

PRIOR TO THE COURT'S RULING, TO OFFER ORAL ARGUMENT...

AND SUBMIT PAPERS IN SUPPORT OF THE WITNESS'S RIGHT NOT TO VIOLATE PRIVILEGE.

DENIED. I FIND DR. LESTER IN CONTEMPT OF COURT...

FOR REFUSING TO COMPLY WITH A DIRECT ORDER OF THIS COURT.

HE IS HEREBY REMANDED INTO CUSTODY.

YOUR HONOR, THE DEFENSE ASKS THAT THESE PROCEEDINGS BE STAYED...

WHILE A WRIT OF PROHIBITION IS FILED WITH THE CALIFORNIA COURT OF APPEAL.

THIS COURT STANDS IN RECESS FOR TODAY ONLY.

[Reporter] DID YOU TELL HIM THAT YOU DID IT, NEIL? NEIL, DID YOU CONFESS?

- [Reporter #2] HEY, IS THERE A CONFESSION IN THERE, TED? - ABSOLUTELY NOT.

- HOW LONG IS LESTER PREPARED TO STAY IN JAIL? - YOU'LL HAVE TO ASK HIM THAT.

YOU'RE FILING A WRIT. THERE MUST BE SOMETHING PRETTY EXPLOSIVE ABOUT THOSE NOTES.

RECOVERING DRUG ADDICTS TELL THEIR PSYCHOTHERAPISTS ALL SORTS OF THINGS.

SOME OF THEM ARE REAL. SOME OF THEM ARE DELUSIONAL.

WE THINK THE COURT IS WRONG, AND WE'RE FILING A WRIT WITH THE COURT OF APPEAL,

WHICH, IF SUCCESSFUL, WILL PREVENT THIS MISCARRIAGE OF JUSTICE FROM TAKING PLACE.

THAT'S IT FOR NOW, GUYS. [Reporters' Questions Continue]

NEIL, DID YOU CONFESS? [Commotion Continues]

BETWEEN NOW AND TOMORROW, WE NEED TO FIND OUT ABOUT EVERY RECENT RULING...

ON DOCTOR-PATIENT PRIVILEGE THAT HELPS OR HURTS US.

DO WE WANT TO SEE WHO'S INTERESTED IN FILING AMICUS BRIEFS?

NO TIME. BASICALLY, WHAT WE'RE TELLING THE COURT OF APPEAL...

IS THAT THE PREJUDICIAL OUTWEIGHS THE PROBATIVE.

- THAT WOULD BE ONE LINE OF ATTACK. - I'D HAMMER ON CASILLAS.

I'D HAMMER ON SAXON. I'D HAMMER ON RASMUSSEN.

- HOW WOULD YOU ADDRESS JACOBSON? - I'D DISTINGUISH JACOBSON...

BASED ON THE SHRINK IN THAT CASE WILLFULLY WITHHOLDING INFORMATION AS OPPOSED...

TO THE COLORABLE CLAIM OF NEGLIGENT WITHHOLDING AS IN THIS CASE.

OKAY?

DO YOU HAVE SOMEPLACE ELSE TO BE, ARNOLD?

I HAVE JULIE COSTELLO WAITING IN THE LIBRARY.

YOU STILL, UH, PREPPIN' HER FOR COURT?

- YEAH, I'M STILL PREPPIN' HER FOR COURT. - [Chuckles]

- YOU'RE CERTAINLY BEING THOROUGH, ARNOLD. - SHALL I BLOW HER OFF?

JUSTINE AND LISA ARE GOING TO BE BEARING THE BRUNT OF THE WORK ON THE BRIEF,

BUT I WANT YOU TO BE AVAILABLE TO THEM IF THEY SHOULD NEED YOU.

- TOTALLY AVAILABLE. I'LL JUST BE IN THE LIBRARY. - GO.

THANK YOU.

YOUR SISTER WAS EIGHT YEARS YOUNGER THAN YOU. IS THAT RIGHT, MS. COSTELLO?

YES.

SHE WAS SENT TO LIVE WITH YOU BY YOUR PARENTS,

BECAUSE THEY COULDN'T MANAGE HER, IS THAT RIGHT?

- YES. - [Quietly] HANDS.

SHE DRANK, SHE USED DRUGS, SHE WAS PROMISCUOUS, AND THEY SENT HER TO YOU.

YES. IS IT FAIR TO SAY YOU FELT RESPONSIBLE FOR HER?

YES. IS IT YOUR TESTIMONY, MS. COSTELLO,

THAT WHEN SHE TOOK UP WITH NEIL AVEDON YOU WERE PLEASED? YES, I WAS PLEASED.

WERE YOU AWARE OF THE FACT NEIL AVEDON HAD A SERIOUS COCAINE HABIT?

NO, I WAS NOT. I THOUGHT NEIL WAS GOOD TO HER.

IS IT POSSIBLE, MS. COSTELLO, THAT YOU'RE SAYING THAT NOW...

BECAUSE IT'S EASIER THAN BELIEVING YOU PERMITTED AND EVEN...

ENCOURAGED YOUR SISTER TO REMAIN IN A RELATIONSHIP...

- THAT RESULTED IN HER BEING MURDERED? - [Clears Throat]

THAT'S A LITTLE ROUGH.

SORRY.

IS GRASSO REALLY GONNA ASK ME THINGS LIKE THAT?

YEAH, I'D BE PREPARED FOR IT.

IT'S A GOOD THING I'M TOUGHER THAN I USED TO BE. [Laughs]

WELL, YOU'VE BEEN THROUGH A LOT. YOU'VE HAD TO GET TOUGHER.

I NEVER WANTED TO BE TOUGH.

I ALWAYS WANTED TO BE TRUSTING.

IT TURNS OUT I WAS MOSTLY JUST STUPID.

HEY, DON'T BE SO HARD ON YOURSELF.

NO? NO.

BE GOOD TO YOURSELF.

- MAYBE EVEN INDULGE MYSELF A LITTLE? - YEAH, SURE. WHY NOT?

WHAT IF THAT MEANS MAKING LOVE TO YOU?

WHAT IF IT MEANS THAT?

[Nervous Laugh] UH, THERE WOULD BE SOME, UH,

PROBLEMS A-ATTENDANT TO THAT.

WHAT PROBLEMS? OH, UH, YOU'RE A CLIENT.

YOU'RE A WITNESS. MM.

THIS IS, UH, AN EMOTIONALLY OVERWROUGHT TIME FOR YOU.

I WOULD HATE TO THINK I WAS, UH, YOU KNOW,

TAKING ADVANTAGE OF A SITUATION. UH-HUH.

I THINK RATHER THAN GIVING IN TO OUR IMPULSES,

WE SHOULD JUST KIND OF TRY TO BE CONTROLLING THEM. UH-HUH.

[Moans]

IT'S WHAT, UH,

DISTINGUISHES US FROM THE LOWER-ORDER PRIMATES.

WE CAN KIND OF CONTROL OUR IMPULSES. [Chuckles]

WITHOUT THAT, WE'RE...

[Inhales, Exhales Deeply] BASICALLY APES.

[Door Opens]

OH, HEY. WE WERE JUST FINISHIN' UP.

OH, I WAS JUST GONNA GO OUT AND PICK UP SOME DINNER.

I WANTED TO KNOW IF YOU WANTED ANY. NO. NO, THANK YOU.

[Door Closes] [Departing Footsteps]

GROWN-UPS ARE FUNNY SOMETIMES, HONEY.

THEY LOVE EACH OTHER, BUT THEY CAN'T ALWAYS LIVE WITH EACH OTHER.

WHAT WE BOTH WANT YOU TO KNOW AND NOT HAVE ANY DOUBTS ABOUT...

IS THAT WE LOVE YOU VERY, VERY MUCH. THAT'S RIGHT.

AND NOTHING CAN EVER CHANGE THAT.

WHAT WE'RE DOING IS SORT OF A TEMPORARY THING.

DADDY'S IN THE MIDDLE OF THIS BIG TRIAL,

EVERYBODY'S UNDER A LOT OF PRESSURE...

- AND MOMMY AND I BOTH THOUGHT THAT IT WOULD BE BEST... - ARE YOU GETTING A DIVORCE?

THAT'S NOT SOMETHING WE KNOW RIGHT NOW, HONEY.

ALL WE'RE DOING IS TAKING A LITTLE BREAK.

I'M GONNA MOVE OUT, BUT I'LL BE AT A HOTEL RIGHT NEARBY.

AND I'LL SEE YOU OR SPEAK TO YOU EVERY SINGLE DAY.

THAT I PROMISE. SO, YOU MIGHT GET A DIVORCE, RIGHT?

- WE DON'T KNOW, HONEY. - IT'S NOT SOMETHING YOU HAVE TO WORRY ABOUT THOUGH.

THAT'S RIGHT.

WHATEVER WE DO, YOU'VE GOT US BOTH FOR LIFE.

WILL YOU TRUST ME ON THAT? YEAH.

GOOD NIGHT, BABY.

[Annie] LOVE YOU. I LOVE YOU TOO, MOMMY.

[Annie] SLEEP TIGHT.

- JUSTINE. LISA. GREAT BRIEF. - THANKS.

- THANK YOU. - ANY PRAYER OF REVERSING BORNSTEIN ON THIS?

WE'RE SURE AS HELL GOING TO TAKE OUR BEST SHOT.

REGARDING THE LOVE TRIANGLE AMONG JURORS TWO, THREE AND TEN,

- HAS SOMEONE NOTIFIED VITALE? - [Chris] SHE'LL MEET US IN COURT.

ONE OTHER THING.

MY WIFE AND I ARE EXPERIENCING SOME, UH, MARITAL DIFFICULTIES.

WE DON'T KNOW AT THIS POINT WHAT THE FUTURE HOLDS, BUT I, UH...

I JUST WANTED YOU TO HEAR ABOUT IT FROM ME FIRST,

SINCE INEVITABLY YOU'RE GONNA BE HEARING ABOUT IT FROM SOMEONE.

HAVING SAID THAT, WE'RE DUE IN COURT.

DID YOU HAVE ANY IDEA THIS WAS HAPPENING? I HAD NO IDEA.

- COULD I SPEAK TO YOU FOR A MOMENT, JUSTINE? - SURE.

I JUST WANTED YOU TO KNOW THAT NOTHING HAPPENED LAST NIGHT.

OKAY. OKAY. NOTHING. SHE WENT BACK TO YOUR PLACE.

I WENT BACK TO MY PLACE. NOTHING TRANSPIRED BETWEEN US.

YOU DON'T HAVE TO EXPLAIN YOURSELF TO ME. I JUST WANTED YOU TO KNOW.

OKAY. I BELIEVE YOU. WAS THERE AN ATTRACTION TO ONE ANOTHER?

YES, THERE WAS. ARNOLD, YOU'RE GOIN' ON ABOUT THIS.

YOU DON'T HAVE TO REPORT BACK ON THIS, DO YOU? I DON'T DO THAT.

GOOD.

I'M FEELING A LITTLE VIOLATED RIGHT ABOUT NOW. I'M SORRY TO HEAR THAT.

WHEN YOU TAKE THE OATH TO SERVE ON A JURY, YOUR LIFE CEASES TO BE, IN ALL RESPECTS, YOUR OWN.

WHAT IS IT YOU WANT TO KNOW, YOUR HONOR?

WHETHER OR NOT I'VE HAD SEXUAL INTERCOURSE WITH MR. BEWKUS?

THE ANSWER IS YES. NOW WHAT?

NOW I DETERMINE WHETHER OR NOT TO DISMISS YOU BOTH.

FOR ENTERING INTO A SEXUAL RELATIONSHIP?

INTERESTING. MS. GRASSO. MR. HOFFMAN.

DO YOU HAVE ANYTHING YOU'D LIKE TO ASK MS. ANTONELLI?

WELL, I THINK THE FIRST THING I'D LIKE TO ASK...

IS THE DEGREE TO WHICH YOU AND MR. BEWKUS SEE EYE-TO-EYE ON THINGS.

IT'S HARD TO SAY, MS. GRASSO. WE HAVEN'T KNOWN EACH OTHER VERY LONG.

WELL, YOU CAN UNDERSTAND IT MIGHT BE A CAUSE FOR CONCERN...

THAT ONE OF YOU MIGHT BE UNDULY INFLUENCED BY THE OTHER.

I THINK BOTH OF US ARE INDEPENDENT ADULT INDIVIDUALS...

WHO ARE CAPABLE OF NOT BEING UNDULY INFLUENCED.

ARE YOU CAPABLE OF CONDUCTING THIS RELATIONSHIP WITH DISCRETION, MS. ANTONELLI?

- ABSOLUTELY. - IF IT HAPPENS TO UPSET ANOTHER MEMBER OF THE JURY,

DO YOU THINK YOU CAN CONDUCT YOURSELF IN SUCH A WAY THAT THEY WON'T BE OFFENDED?

I WASN'T AWARE OF HAVING FLAUNTED IT PARTICULARLY, BUT...

I CAN MAKE A SPECIAL EFFORT AT REMAINING DISCREET.

- THE ANSWER IS YES. - [Judge Bornstein] THANK YOU, MS. ANTONELLI.

GENE, WOULD YOU ESCORT MS ANTONELLI BACK TO THE JURY ROOM?

- THANK YOU. - ARE YOU KICKING ME OFF THE JURY?

I HAVEN'T MADE UP MY MIND, MS. ANTONELLI.

WHEN I DO, YOU'LL BE THE FIRST TO KNOW.

[Door Closes] I MOVE THAT BOTH ANTONELLI AND BEWKUS BE DISMISSED.

YOUR HONOR, LET'S NOT MAKE THE CURE WORSE THAN THE ILLNESS.

THERE'S NO INDICATION THE RELATIONSHIP BETWEEN THESE TWO PEOPLE...

WILL HAVE ANY EFFECT ON THE JURY'S DELIBERATION.

YOU DON'T THINK THEIR INDEPENDENCE HAS BEEN COMPROMISED? NO, I DON'T.

I THINK IT'S ENTIRELY POSSIBLE FOR TWO PEOPLE TO SLEEP TOGETHER AND DISAGREE ABOUT EVERYTHING.

YOU WILL AGREE, MR. HOFFMAN, IT AT LEAST RAISES THE POTENTIAL FOR PROBLEMS.

I THINK THE POTENTIAL FOR THAT IS THERE WITH EVERY ONE OF THE 12 PEOPLE ON THIS JURY,

WHETHER THEY'RE SLEEPING TOGETHER OR NOT.

WHAT I DON'T THINK WE SHOULD DO IS SUMMARILY DISCARD TWO MEMBERS OF A JURY...

THAT WE ALL WORKED VERY HARD TO ASSEMBLE.

WHAT ABOUT THE IMPACT ON THE OTHER MEMBERS OF THE JURY?

YOU KNOW THEY'RE ALL AWARE OF IT.

- HOW DO WE KNOW IT HAS ANY IMPACT? - [Sighs]

WELL, ONE WAY WOULD BE TO ASK THEM.

[Hoffman] SHE'S NOT GONNA RULE UNTIL SHE INTERVIEWS THE OTHER JURORS.

I'M NOT CRAZY ABOUT THE ALTERNATE POOL. I'LL TELL YOU THAT RIGHT NOW.

IS SHE GONNA GET RID OF ANTONELLI AND BEWKUS? WHO KNOWS?

SHE COULD DISMISS THE TWO OF THEM, PLUS METZGER.

WHICH WOULD BE MARGINALLY BETTER THAN JUST DISMISSING THE TWO OF THEM.

HOWEVER BAD METZGER WAS FOR US BEFORE, HE'S WORSE NOW.

WHY? RESENTS HIS OWN LACK OF EFFECTIVENESS,

MASKS FEELINGS OF INADEQUACY WITH AGGRESSIVE SOCIAL BEHAVIOR.

HE'S NOT THE GUY WHO GETS THE GIRL, AND HE HATES THE GUY WHO DOES.

BY EXTENSION, THAT WOULD BE NEIL.

[Chris] THE WORST PART IS LOSING ANTONELLI. SHE WAS AN ACE IN THE HOLE.

[Lorraine] IT'S TRUE. SHE AND BEWKUS WOULD'VE FORMED A NUCLEUS.

FIRST, WE LOSE THE LESTER MOTION, NOW THIS.

LISA, WOULD YOU TAKE NEIL OVER TO THE COURT OF APPEAL? I'LL JOIN YOU IN A MOMENT.

I'VE GOT A COUPLE OF THINGS TO DISCUSS WITH CHRIS AND LORRAINE. SURE.

LISTEN TO ME, BOTH OF YOU.

I DON'T WANT ANY MORE RECITATIONS OF GLOOM AND DOOM AROUND NEIL. DO YOU UNDERSTAND?

THE NEWS ISN'T EXACTLY GOOD, TED.

NO, IT'S NOT. AND I'M NOT SUGGESTING WE LIE TO HIM.

BUT THE ONLY POINT AT WHICH WE'LL KNOW CONCLUSIVELY...

WHAT KIND OF JURY WE'VE GOT IS WHEN THEY RENDER A VERDICT.

UNTIL THAT POINT,

OUR JOB IS TO PUT ON A GAME FACE, PROP UP OUR CLIENT AND GET HIM THROUGH THIS.

ULTIMATELY, THE ORDEAL IS HIS.

I WOULD SUGGEST WE ACT ACCORDINGLY.

THE FAILURE OF DR. GRAHAM LESTER TO ACT IN REGARD TO A MS. AMY SCOTT...

HAS NOTHING WHATSOEVER TO DO WITH THE FACTS IN THIS CASE.

WHY DOESN'T IT HAVE TO DO WITH THE DEFENDANT'S MODUS OPERANDI, COUNSEL?

WITH ALL DUE RESPECT, YOUR HONOR, I DON'T BELIEVE THERE TO BE...

A COMMON MODUS BETWEEN HOMICIDE BY STRANGULATION...

AND AN ALLEGED OUTBURST IN A GROUP THERAPY SESSION.

MOREOVER, I BELIEVE THE TYPE OF PREJUDICIALLY TAINTED EVIDENCE IN A THERAPIST'S NOTEBOOK...

IS EXACTLY THE TYPE OF EVIDENCE THAT THE LAW WAS INTENDED TO EXCLUDE.

IN A THERAPY SESSION, A GREAT MANY THINGS ARE SAID IN A GREAT MANY CONTEXTS.

PUTTING THAT BEFORE THIS JURY PROVES NOTHING,

WHILE DOING THE PATIENT A GREAT DEAL OF HARM.

ACCORDINGLY, I REQUEST THAT A WRIT OF PROHIBITION BE ISSUED...

AND THAT THE EVIDENCE BE EXCLUDED.

- MS. GRASSO. - THE INCIPIENT VIOLENCE...

OF A GROUP THERAPY SESSION AND THE HOMICIDAL VIOLENCE...

THAT TOOK PLACE IN THE DECEDENT'S APARTMENT...

ARE TWO POINTS ON A CONTINUUM.

THEY ARE RELATED EVENTS.

PRIVILEGE HAS BEEN CONSTRUCTIVELY WAIVED.

IT'S PROPER AND APPROPRIATE AND WELL-SUPPORTED BY CASE LAW,

SUCH AS CITED IN OUR OPPOSING PAPERS,

THAT THE DEFENDANT'S PSYCHIATRIC RECORDS SHOULD BE ADMITTED INTO EVIDENCE.

THANK YOU.

AFTER REVIEWING YOUR MOVING PAPERS AND COUNSEL'S ORAL ARGUMENT,

WE DENY THE DEFENSE WRIT.

AND THE MATTER OF PEOPLE VERSUS NEIL AVEDON...

IS REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS.

BUT I WANT TO EXPRESS MY ADMIRATION FOR THE STANCE YOU'RE TAKING.

THERE COMES A TIME IN EVERYONE'S LIFE WHEN CIRCUMSTANCES FORCE YOU TO SEE WHAT YOU'RE MADE OF.

[Buzzer Buzzing] [Metal Doors Clattering]

ALL MY LIFE I'VE BEEN ABLE TO TALK A PRETTY GOOD GAME.

NOW THE TIME HAS COME FOR ME TO BE ABLE TO BACK THAT UP.

I MADE AN ETHICAL DECISION...

A MORAL CHOICE.

NOW, I HAVE TO BE PREPARED TO ENDURE THE CONSEQUENCES.

I THINK I AM PREPARED.

AND I THINK I FEEL PRETTY GOOD ABOUT THAT.

LET'S GO. [Sighs]

[Iverson] THOSE TWO ALWAYS SIT NEXT TO EACH OTHER.

THEY EAT LUNCH TOGETHER EVERY DAY.

I FIGURED SOMETHING WAS UP.

DID YOU EVER HEAR MR. BEWKUS AND MS. ANTONELLI DISCUSS...

ANY OF THE EVIDENCE OR TESTIMONY IN THIS CASE?

NO.

THEY DON'T SEEM TO REALLY TALK ALL THAT MUCH.

MOST OF THE TIME THEY JUST SIT THERE MAKING EYES AT EACH OTHER. [Chuckles]

I GUESS A WEDDING RING DOESN'T MEAN ANYTHING TO SOME PEOPLE.

HAVE MR. BEWKUS AND MS. ANTONELLI CONDUCTED THEMSELVES IN SUCH A WAY...

AS TO COMPROMISE YOUR ABILITY TO REMAIN IMPARTIAL?

OH, HELL, NO. [Chuckles] SHE'S A GOOD-LOOKIN' GIRL.

IF I WAS HIS AGE, I'D BE DOIN' THE SAME DAMN THING WHILE I STILL COULD.

[Chuckling] YOUR HONOR.

TO BE HONEST, UNTIL TODAY, I HAD NO IDEA THEY'RE AN ITEM.

IN LIGHT OF WHAT YOU'VE HEARD, THINK YOU COULD STILL BE...

OPEN-MINDED TOWARD BOTH OF THEM DURING YOUR DELIBERATIONS?

WHY WOULDN'T I BE? IT'S A FREE COUNTRY.

CLOSE QUARTERS, YOU GOTTA EXPECT SOMETHIN' LIKE THIS MIGHT HAPPEN.

IN THIS DAY AND AGE, THOUGH, I'M JUST GLAD...

IT'S NOT THE TWO FELLAS CARRYIN' ON.

I'D HAVE A PROBLEM WITH SOMETHIN' LIKE THAT... A BIG PROBLEM.

AS LONG AS THEY WEREN'T TALKIN' ABOUT THE CASE... [Chuckles]

A BOOTY CALL'S A BOOTY CALL, YOU KNOW WHAT I'M SAYIN'?

YOUR HONOR, THE ONLY JUROR EXPERIENCING ANY LEVEL OF DISCOMFORT HERE...

THAT COULD IMPAIR HIS ABILITY TO BE FAIR AND OBJECTIVE IS MR. METZGER.

THEREFORE, THE ONLY REASONABLE COURSE IS TO REMOVE HIM FROM THE PANEL.

- THE PEOPLE STRENUOUSLY DISAGREE. - WHY DOES THAT NOT SURPRISE ME?

YOUR HONOR, THESE TWO PEOPLE HAVE BEEN ENGAGING IN AN ADULTEROUS RELATIONSHIP.

[Overlapping Arguments]

AS THE YOUNG LADY SAID, IT'S A FREE COUNTRY.

THIS TYPE OF CONDUCT IS OFFENSIVE TO MANY PEOPLE NEVERTHELESS.

I DON'T WANT TO SEE THIS END IN A MISTRIAL JUST BECAUSE...

ONE OF OUR JUROR'S WAS BIASED AGAINST ONE OR BOTH OF OUR LOVEBIRDS.

DIVERSITY OF OPINION AND LIFESTYLE IS A DESIRABLE ATTRIBUTE IN A JURY.

I HOPE MS. GRASSO ISN'T LONGING FOR A RETURN TO THE DAYS...

WHEN JURORS HAD TO BE WHITE, MALE, PROTESTANT LANDOWNERS.

CUTTING THROUGH COUNSEL'S SARCASM,

THE LACK OF DIVERGENT OPINION IS WHAT TROUBLES ME HERE.

THE FACT THAT THESE TWO PEOPLE ARE LOVERS GIVES THEM UNDUE INFLUENCE OVER EACH OTHER.

- [Hoffman] AN ASSUMPTION BASED ON WHAT? - COMMON SENSE.

TWO PEOPLE IN A HORMONE HAZE ARE PREDISPOSED TO SHARE A COMMON OPINION.

THE CLEANEST REMEDY HERE WOULD BE TO PITCH ALL THREE OF THESE PEOPLE.

BUT I'M NOT GOING TO DO THAT, BECAUSE I DON'T WANT TO CUT...

THAT DEEPLY INTO THE ALTERNATE POOL THIS EARLY IN THE TRIAL.

IT IS MY FINDING THAT, WHILE NOT IDEAL,

THE SITUATION HASN'T SIGNIFICANTLY COMPROMISED THE JURY'S ABILITY...

TO DELIBERATE IN A FAIR AND IMPARTIAL MANNER.

[Judge Bornstein] THIS IS A COURT OF LAW, NOT HIGH SCHOOL.

A YOUNG WOMAN IS DEAD, AND A YOUNG MAN'S FATE IS IN YOUR HANDS.

I EXPECT EACH OF YOU NOT TO BE DIVERTED...

FROM THE OBLIGATION YOU'VE SWORN TO FULFILL IN THIS TRIAL.

HENCEFORTH, YOU WILL CONDUCT YOURSELVES ACCORDINGLY...

AND WITH THE UTMOST DISCRETION.

DO I MAKE MYSELF CLEAR?

[All] YES, YOUR HONOR.

[Takes Deep Breath] LET'S GET BACK TO WORK.

WE'RE BACK ON THE RECORD IN THE AVEDON MATTER. COUNSEL?

IT'S OUR UNDERSTANDING THAT DR. LESTER IS STILL UNWILLING TO TESTIFY.

UNLESS THE PEOPLE INTEND TO CALL OTHER WITNESSES, THE DEFENSE HAS A MOTION.

- ANY MORE WITNESSES, MS. GRASSO? - NOT AT THIS TIME, YOUR HONOR.

HOWEVER, SHOULD DR. LESTER ELECT TO COMPLY WITH THE COURT'S ORDER,

AS IS OUR HOPE,

WE INTEND TO CALL HIM TO TESTIFY AS PART OF THE PEOPLE'S CASE-IN-CHIEF.

SHOULD HE CHANGE HIS MIND, HE WOULD BE SO ALLOWED.

MR. DOCKNOVICH, MAKE YOUR MOTION.

PURSUANT TO PENAL CODE SECTION 11-18,

THE DEFENSE MOVES FOR DISMISSAL DUE TO INSUFFICIENCY OF THE EVIDENCE.

MOTION DENIED. GIVEN THE LATENESS OF THE HOUR,

- WE WILL STAND IN RECESS TILL 9:00 A.M. TOMORROW MORNING. - [Gavel Pounds]

THE DEFENSE GENERALLY MOVES FOR DISMISSAL...

AFTER THE PROSECUTION PRESENTS ITS CASE,

IF ONLY TO TELL THE JURY, "WE DON'T THINK THE PEOPLE DID THEIR JOB."

[Crowley] AND GENERALLY, THE JUDGE DENIES THE MOTION...

AS JUDGE BORNSTEIN JUST DID? CORRECT.

- HI. - HI, JULIE.

- HAVE YOU SEEN ARNOLD AROUND? - [TV Chatter Continues]

YEAH, HE'S DOWNTOWN ON A FILING. HE'LL BE BACK ANY MINUTE.

OH, I THOUGHT I'D TAKE HIM OUT FOR DINNER.

HE'S BEEN SO PATIENT HELPING ME GET READY TO TESTIFY.

- ANY IDEA WHAT KIND OF FOOD HE LIKES? - MM, JUDGING FROM HIS NECKTIE,

- JUST ABOUT ANYTHING WITH GRAVY. - [Chuckles]

CAN YOU SIT FOR A SECOND?

YEAH.

THIS PROBABLY ISN'T ANY OF MY BUSINESS...

IF IT'S ABOUT THE OTHER NIGHT... [Chuckles]

THAT WAS COMPLETELY INAPPROPRIATE.

AND IT WAS ALL MY FAULT. I JUST COULDN'T HELP MYSELF.

ARNOLD ISN'T LIKE ANYONE I'VE EVER KNOWN.

HE'S ONE OF A KIND, ALL RIGHT. YEP.

YEP, YEP. [Laughs]

AFTER ALL THOSE YEARS OF GUYS IN PORSCHES TRYIN' TO HUSTLE ME...

OR SHOVE A HUNDRED DOLLAR BILL UP MY NOSTRIL...

RICHARD SEEMS A LITTLE SMOOTHER THAN THAT.

OH, I DIDN'T MEAN RICHARD.

NO, HE'S A WHOLE OTHER KETTLE OF FISH.

SEEMS LIKE A PRETTY COMPLICATED GUY. THERE'S AN UNDERSTATEMENT.

WHEN YOU'RE WITH RICHARD, IT'S LIKE BEING LOST IN THE FOG.

ALL VERY CALM AND COOL...

AND SCARY AS HELL, 'CAUSE YOU CAN'T QUITE SEE...

WHAT'S RIGHT IN FRONT OF YOUR EYES.

BUT ARNOLD IS A REAL LIVE FLESH AND BLOOD HUMAN BEING.

UM, I... I DON'T WANT TO SOUND LIKE A SCOLD.

BUT FOR ONE OF OUR KEY WITNESSES TO BE GETTING INVOLVED WITH A MEMBER OF THE DEFENSE TEAM...

THE TABLOID PRESS WILL BLOW IT COMPLETELY OUT OF PROPORTION.

IT COULD CAST A BAD LIGHT ON THIS FIRM.

IT CERTAINLY WON'T HELP NEIL AVEDON.

THERE'S A LOT AT STAKE HERE FOR A LOT OF PEOPLE, JULIE.

AND AS A PRACTICAL MATTER, ARNOLD DOESN'T NEED THE DISTRACTION RIGHT NOW.

LET'S FACE IT, YOU'RE A DISTRACTION FOR ANY MAN.

I'M NOT SURE HOW I SHOULD TAKE THAT.

IT WASN'T MEANT AS ANYTHING OTHER THAN A COMPLIMENT.

I JUST DON'T WANT TO SEE A MESSY SITUATION GET MESSIER.

SEVENTEEN MILLION DOLLARS IS A SMALL PRICE TO PAY...

FOR A 2 1/2-BY-3-FOOT PIECE OF IMMORTALITY.

WHICH IS WHAT THIS HOLBEIN IS...

A FRAGMENT OF TIMELESSNESS TO DIVERT ME...

FROM THE INEVITABILITY OF MY OWN MORTAL RUIN.

IT'S AMAZING, ISN'T IT?

A YOUNG GIRL WORKING IN A FIELD ONE AFTERNOON CATCHES HOLBEIN'S ATTENTION,

AND 500 YEARS LATER, THAT MOMENT IS STILL THERE FOR US TO SEE.

WHEN CAN I TAKE POSSESSION?

AS SOON AS THE AUCTION HOUSE CONFIRMS THE PROVENANCE. JUSTINE,

I CAN'T TELL YOU HOW PLEASED I AM.

MM, NOT ON A SCHOOL NIGHT. OH, NONSENSE.

LET'S TOAST TO HANS HOLBEIN AND THE YOUNG GIRL HE SAW THAT AFTERNOON...

500 YEARS AGO.

SO,

HOW'S JULIE? SHE'S OKAY.

[Chuckles] OKAY. WELL, LET'S NOT DWELL ON SADNESS.

TONIGHT SHOULD BE GIVEN OVER TO CELEBRATION.

THIS IS FOR YOU.

WHAT FOR?

IN ACKNOWLEDGMENT OF, UH,

ALL YOUR HARD WORK YOU'VE DONE ON MY BEHALF.

FOR THE PAST, PRESENT AND HOPEFULLY THE FUTURE.

OPEN IT. COME ON. [Laughs]

SHH. [Chuckles]

MY WORD.

OH, MY GOD.

[Speaking French]

DONE BY WATTEAU IN 1718.

RICHARD, I CAN'T POSSIBLY ACCEPT THIS.

COURSE YOU CAN. NO.

NO, I REALLY CAN'T. WHY NOT?

BECAUSE. I MEAN, I CAN'T FOR MANY REASONS.

THIS IS WAY, WAY OUT OF BOUNDS. JUSTINE, LISTEN TO ME.

ABUNDANCE AND PROSPERITY BELONG TO EACH AND EVERY ONE OF US.

THE TROUBLE IS, MOST PEOPLE CANNOT ACCEPT THAT.

SO THEY LIVE LIVES OF DENIAL AND SELF-DEPRIVATION.

YOU SHOULD NOT MAKE THE SAME MISTAKE. THIS BELONGS IN A MUSEUM.

WELL, THEN, THE GETTY SHOULD NOT HAVE ALLOWED ME TO OUTBID THEM LAST WEEK.

[Laughs] I DON'T KNOW WHAT TO SAY.

A SIMPLE THANK YOU WILL SUFFICE. THANK YOU.

IT'S INSURED FOR $75,000. PREMIUM'S TO BE PAID BY ME IN PERPETUITY.

WHERE AM I GOING TO HANG A WATTEAU IN MY APARTMENT?

ANYWHERE BUT OVER THE BATHTUB.

ENJOY.

MAY IT BE THE FIRST OF MANY IN YOUR COLLECTION.

[Intercom Beeps]

YES, LOUIS. SEND HIM IN.

- JUDGE BORNSTEIN LIFTED THE CONTEMPT ORDER. - SO I HEARD.

I COULDN'T STAY IN THERE ANOTHER NIGHT.

UH, I THOUGHT I COULD HANDLE IT.

BUT THE SMELL OF MEN,

THE SOUND OF CLANGING METAL...

AND THIS GRAY SLOP THEY EXPECTED US TO EAT...

- MADE FROM GOD ONLY KNOWS WHAT... - SO, YOU'VE AGREED TO TESTIFY.

UNDERSTAND SOMETHING, MR. HOFFMAN. I-I... I DON'T WANT TO DO THIS.

I-I DON'T WANT TO DO THIS TO MY PATIENT.

I DON'T WANT TO DO THIS TO MY REPUTATION.

SUCH AS IT IS.

IF I KNEW AT A POINT THE JUDGE WOULD'VE LET ME OUT, MAYBE I COULD'VE HUNG ON.

BUT TO BE LOCKED UP ON AN OPEN-ENDED BASIS... I'M SORRY.

SO YOU MARTYR YOURSELF FOR A COUPLE OF DAYS...

TO GET THE JURY BELIEVING YOU'RE A MAN OF CONSCIENCE...

WHEN NOTHING COULD BE FURTHER FROM THE TRUTH.

WHAT'S CROSS PAYING YOU...

FIVE MILLION, TEN MILLION?

WHAT'S THE GOING RATE FOR PUTTING AN INNOCENT MAN AWAY...

FOR THE REST OF HIS LIFE, DOCTOR?

YOU HAVE A RIGHT TO BE ANGRY AND UPSET.

I LET YOU DOWN. I LET MYSELF DOWN.

I CAN'T DENY I LACKED THE STRENGTH OF WILL TO SEE THIS THROUGH.

BUT I TRIED TO DO THE RIGHT THING HERE.

WHETHER OR NOT IT COUNTS FOR ANYTHING,

I DID THE BEST I COULD.

BUT THE FOOD WAS LOUSY, SO WHO COULD BLAME YOU. [Scoffs]

[Judge Bornstein] "AVEDON JURORS FROLIC IN THE NUDE."

"JURISTS NOT SO PRUDENT."

"AVEDON JURORS TAMPER WITH EACH OTHER." YOUR HONOR,

WE WERE ALONE IN MY BACKYARD...

- AND HAD NO IDEA WE WERE BEING PHOTOGRAPHED. - I NEVER EVEN SAW A HELICOPTER.

I'M NOT SURPRISED. FROM THESE PHOTOGRAPHS, IT SEEMS YOUR ATTENTION WAS ELSEWHERE.

YOU CAN'T EVEN TELL IT'S ME IN THOSE PICTURES. THAT COULD BE ANYBODY'S BUTT.

YOU WERE BOTH ADMONISHED TO EXERCISE DISCRETION AND GOOD JUDGMENT.

AT A MINIMUM, I THINK THAT MIGHT INCLUDE TAKING IT IN THE HOUSE...

BEHIND CLOSED DOORS WITH THE SHADES PULLED DOWN.

YOUR HONOR, THIS IS OBVIOUSLY AN UNFORTUNATE SITUATION FOR ALL PARTIES.

BUT I SUBMIT THAT NEITHER OF THESE PEOPLE INTENTIONALLY IGNORED YOUR ADMONITION.

THEY SIMPLY WERE UNPREPARED FOR THIS LEVEL OF INTENSE SCRUTINY.

WHETHER IT WAS THEIR INTENTION OR NOT, THE DAMAGE IS DONE. WHAT DAMAGE?

THE JURORS HAVE ALREADY BEEN ADMONISHED NOT TO READ ANY NEWS COVERAGE OF THIS TRIAL.

CLEARLY THAT PROHIBITION EXTENDS TO THIS INCIDENT.

IF THEY FOLLOW THEIR OATH, THERE WILL BE NO PROBLEM.

OF COURSE COUNSEL SEES NO PROBLEM. HE LIKES THESE JURORS.

- HE DOESN'T WANT TO LOSE THEM. - AND THE PEOPLE AREN'T ENTIRELY...

SELF-SERVING IN THEIR ATTEMPT TO UNSEAT THEM?

THE COMPORTMENT OF MS. ANTONELLI AND MR. BEWKUS...

THREATENS TO OVERSHADOW THE EVIDENCE WE'VE PRESENTED TO THIS JURY.

UNLESS THESE TWO JURORS ARE IMMEDIATELY DISMISSED,

IT IS OUR BELIEF THAT THE PEOPLE WILL BE DEPRIVED OF THEIR RIGHT TO A FAIR TRIAL.

UNDER THE CIRCUMSTANCES,

I DON'T SEE I HAVE ANY CHOICE BUT TO DISMISS YOU TWO.

I CAN'T BELIEVE YOU'RE ACTUALLY GOING TO DISMISS US...

BECAUSE OF SOME VICTORIAN NOTION OF SIN.

THAT'S ENOUGH, MR. BEWKUS. SAVE YOUR BREATH, MILES.

SHE'S AN OLD-GUARD, DOCTRINAIRE, ANTI-FEM FEMINIST...

WHO THINKS MEN AND WOMEN HAVE TO BE DESEXUALIZED TO BE EQUAL.

YOUNG WOMAN, THE SACRIFICES SOME OF US MADE WHO CAME BEFORE YOU...

IS WHAT ALLOWS YOU TO SIT HERE TODAY AND INSULT A JUDGE,

WHO'S ALSO A WOMAN.

NOW, BEFORE I HAVE YOU INCARCERATED, I'LL ASK YOU TO LEAVE MY CHAMBERS.

WHEN I WRITE MY BOOK, THERE ARE GONNA BE...

SOME PEOPLE IN THIS ROOM WHO AREN'T GONNA BE VERY HAPPY.

[Grasso] DOCTOR, DURING THE PERIOD OF TIME...

THAT THE DEFENDANT WAS A PATIENT OF YOURS,

WERE YOU ABLE TO MAKE A DIAGNOSIS THAT, IN YOUR OPINION,

COULD REASONABLY EXPLAIN THE VIOLENT ATTACK HE MADE ON AMY SCOTT AT ZEPHYR HOUSE?

WELL, MR. AVEDON SUFFERS FROM A DEFICIENCY OF SEROTONIN,

WHICH IS A NATURALLY OCCURRING SUBSTANCE IN THE BRAIN AND THE BLOOD SERUM.

INDIVIDUALS WHO LACK A REQUISITE AMOUNT OF THIS NEUROTRANSMITTER...

FREQUENTLY BEHAVE IN AN AGGRESSIVE MANNER,

INFLICTING VIOLENCE ON THEMSELVES OR ON OTHERS.

CAN THIS CONDITION BE CONTROLLED WITH MEDICATION?

THE NEW GENERATION OF SELECTIVE SEROTONIN REUPTAKE INHIBITORS, WHICH INCLUDES...

ZOLOFT, PAXIL, PROZAC AND THE LIKE,

PROVIDES EFFECTIVE MEDICAL MANAGEMENT, YES.

DID YOU PRESCRIBE SUCH DRUGS FOR THE DEFENDANT?

I DID, BUT AFTER A SHORT COURSE OF THE DRUG,

MR. AVEDON REFUSED TO CONTINUE TAKING IT.

DID HE TELL YOU WHY HE DISCONTINUED THE MEDICATION? YES.

HE SAID IT INTERFERED WITH HIS ABILITY...

TO MAINTAIN AN ERECTION AND TO ACHIEVE ORGASM.

DOCTOR, IS THERE ANY OTHER FACTOR THAT CAN EXACERBATE...

AGGRESSIVE OR VIOLENT BEHAVIOR IN SOMEONE WHO SUFFERS FROM A SEROTONIN DEFICIENCY?

WELL, CHRONIC DRUG AND ALCOHOL ABUSE, YES.

DID YOU SEE THE DEFENDANT THE NIGHT JESSICA COSTELLO WAS MURDERED?

ABOUT 1:30 IN THE MORNING.

CAN YOU DESCRIBE HIS AFFECT? WELL, HE WAS VERY UPSET, AGITATED.

HE SEEMED TO BE IN A... A DISASSOCIATED STATE.

WAS HE UNDER THE INFLUENCE OF DRUGS AND/OR ALCOHOL?

- BOTH. - AT THAT TIME, DID NEIL AVEDON REVEAL ANYTHING TO YOU...

WHICH LED YOU TO FORM AN OPINION AS TO THE CAUSE OF HIS AGITATED STATE?

HE TOLD ME THAT HE'D BEEN IN JESSICA'S APARTMENT EARLIER THAT EVENING.

THEY'D HAD A FIGHT. HE LOST HIS TEMPER.

AND... HE SAID THAT HE KILLED HER.

- I NEVER SAID THAT! - [Hoffman] NEIL.

NO, NO! THAT'S A LIE! I NEVER SAID THAT TO YOU OR ANYONE ELSE!

MR. AVEDON, THERE WILL BE NO MORE OUTBURSTS IN MY COURTROOM.

DO YOU UNDERSTAND?

- YES, YOUR HONOR. - CONTINUE.

WHEN MR. AVEDON TOLD YOU HE HAD JUST KILLED JESSICA COSTELLO, DID HE SEEM COHERENT?

- YES. - WAS HE DELUSIONAL?

NO. WAS IT YOUR OPINION THAT THE DEFENDANT...

WAS REPORTING A FANTASY OR A DREAM...

WHEN HE TOLD YOU THAT HE HAD KILLED JESSICA COSTELLO?

- NO. - DID HE DESCRIBE HIS ENCOUNTER WITH JESSICA COSTELLO...

THAT EVENING AS ONE THAT "FELT AS IF" HE HAD KILLED HER?

- NO. - WAS IT YOUR OPINION, DR. LESTER,

THAT WHEN NEIL AVEDON TOLD YOU HE HAD JUST MURDERED JESSICA COSTELLO,

HE WAS REPORTING THIS TO YOU AS FACT?

THAT WAS MY STRONG OPINION, YES.

THANK YOU. YOUR WITNESS.

YOU TESTIFIED MR. AVEDON WAS DRUNK AND HIGH ON DRUGS.

HOW DO YOU KNOW HE WASN'T MISTAKEN IN CONCLUDING MS. COSTELLO WAS DEAD?

GIVEN HIS LEVEL OF AGITATION, I HAD NO REASON NOT TO TAKE HIM AT HIS WORD.

IT WASN'T EVEN WORTH DROPPING A DIME TO 911 ON THE CHANCE OF SAVING SOMEONE'S LIFE?

- OBJECTION. ARGUMENTATIVE. - I'LL REPHRASE THE QUESTION.

- DID YOU CALL THE POLICE? - NO.

- DID YOU CALL AN AMBULANCE? - NO.

- WHAT DID YOU DO? - I TRIED MY BEST TO CALM NEIL DOWN.

I GAVE HIM A SEDATIVE, AND THEN I PUT HIM TO BED.

- WAS HE THERE WHEN YOU WOKE UP IN THE MORNING? - NO.

SO, YOU LET A MAN, PRESUMABLY WITH A HISTORY OF VIOLENCE,

WHO YOU SAY TOLD YOU HE HAD COMMITTED A MURDER,

ROLL OUT OF BED AND WALK OUT THE DOOR. TELL ME, DR. LESTER,

DOES EVERYONE WHO SUFFERS FROM SEROTONIN DEFICIENCY...

EXPERIENCE THE SYMPTOMS YOU DESCRIBED...

MOOD SWINGS, AGGRESSIVE BEHAVIOR AND THE LIKE?

NOT EVERYONE, NO. IN YOUR PROFESSIONAL CAPACITY AS A TRAINED PSYCHIATRIST...

IS IT YOUR OPINION THAT MOST INDIVIDUALS SUFFERING FROM SEROTONIN DEFICIENCY...

GO OUT AND KILL PEOPLE? NO.

DR. LESTER, HAVE YOU EVER BEEN INVESTIGATED FOR RAPING ONE OF YOUR PATIENTS?

OBJECTION, YOUR HONOR. COUNSEL IS ATTEMPTING TO POISON THESE PROCEEDINGS.

HIS QUESTIONS HAVE ONLY ONE PURPOSE... TO SLANDER AND MALIGN.

GOES TO CREDIBILITY... HE'S OFFERED HIS PROFESSIONAL OPINION AS TESTIMONY.

YOU'RE NOT GOING TO DO IT LIKE THAT, COUNSEL. OBJECTION IS SUSTAINED.

EVER BEEN INVESTIGATED FOR ILLEGALLY PRESCRIBING DRUGS?

- SAME OBJECTION. - SUSTAINED!

- ARE YOU A FRIEND OF RICHARD CROSS? - YES.

- ARE YOU AWARE THAT HE WAS ARRESTED FOR THIS MURDER? - OBJECTION. IRRELEVANT.

APPROACH.

YOUR HONOR, A RELATIONSHIP EXISTS BETWEEN DR. LESTER AND MR. CROSS...

THAT GIVES THIS WITNESS A COMPELLING MOTIVE TO SLANT HIS TESTIMONY.

- IT DEMONSTRATES BIAS. - COUNSEL HAS DEMONSTRATED NO FOUNDATION WHATSOEVER...

FOR THIS LINE OF QUESTIONING, YOUR HONOR.

ALL HE'S DOING IS SLINGING MUD HERE, AND HE KNOWS IT.

I'VE WARNED YOU BEFORE, MR. HOFFMAN. IF MR. CROSS IS THE LINCHPIN OF YOUR DEFENSE,

MAKE YOUR CASE IN THE LIGHT OF DAY, NOT BY INNUENDO AND INFERENCE.

NOW, STEP BACK.

DID YOU REHEARSE YOUR TESTIMONY...

WITH ANYONE FROM THE DISTRICT ATTORNEY'S OFFICE PRIOR TO COMING HERE TODAY?

WE WENT OVER QUESTIONS I MIGHT BE ASKED, YES.

DID YOU REHEARSE YOUR TESTIMONY WITH RICHARD CROSS?

- OBJECTION. - LAST WARNING, MR. HOFFMAN.

WITHDRAWN. I'M DONE WITH THE WITNESS.

DR. LESTER, DO YOU RECOGNIZE THIS?

UH, YES. THIS IS NEIL AVEDON'S MEDICAL CHART.

WOULD YOU READ TO US, PLEASE, THE LAST ENTRY DATED SEPTEMBER 21?

"2:35 A.M. PULSE 95,

"BLOOD PRESSURE 180 OVER 120.

"PUPILS NOT RESPONSIVE TO LIGHT.

"APPARENTLY INTOXICATED.

"PATIENT DESPONDENT, AGITATED,

"REPORTS HAVING KILLED GIRLFRIEND.

ADMINISTER 10 MILLIGRAMS VALIUM I.M."

NOTHING FURTHER.

IN RE UNITED STATES VERSUS MORGENSTERN,

THIS LETTER WILL CONFIRM OUR CONVERSATION OF NOVEMBER 27.

TO WIT, COST AND SERVICES INCURRED TO THIS DAY...

HAVE EXCEEDED THE RETAINER PREVIOUSLY PAID. [Knocking]

FRANCESCA ROMANO IS HERE TO SEE YOU.

- APPARENTLY, SHE'S TAKEN BACK HER MAIDEN NAME. - SHOW HER IN.

AN ADDITIONAL AMOUNT OF $27,000...

WILL BE REQUIRED TO CONTINUE THE SERVICES OF THIS FIRM.

AM I INTERRUPTING? NOT AT ALL.

I WON'T STAY LONG.

I JUST WANTED TO SEE HOW YOU WERE DOING.

I HEARD ABOUT YOU AND ANNIE.

[Blows Air] BAD NEWS TRAVELS FAST IN THIS TOWN. [Sighs]

I'M SO SORRY, TED. I'M HOPEFUL THAT THIS IS TEMPORARY,

AND ANNIE AND I WILL BE ABLE TO WORK IT OUT.

I'M SURE YOU WILL.

I HAVE TO ASK.

- DID THE RUMOR ABOUT YOU AND ME HAVE ANYTHING... - NOTHING TO DO WITH THIS.

THIS HAS BEEN BREWING FOR A WHILE...

SINCE I FIRST TOOK THIS CASE.

I ALWAYS THOUGHT OF MYSELF AS SOMEONE CAPABLE OF...

DOING MORE THAN ONE THING AT A TIME.

APPARENTLY, I'VE BEEN A BETTER LAWYER THAN A HUSBAND LATELY.

I HOPE ANNIE CAN FIND HER WAY THROUGH THIS WITHOUT DOING ANYTHING RASH.

SHE HAS NO IDEA HOW LUCKY SHE IS.

TAKE IT FROM SOMEONE WHO HASN'T BEEN AS FORTUNATE IN MARRIAGE.

WELL, WE'RE GOING TO GET THE HELP WE NEED, AND...

WE'LL SEE HOW IT GOES.

- HOW'S YOUR LITTLE GIRL COPING? - AS WELL AS CAN BE EXPECTED...

- UNDER THE CIRCUMSTANCES. - I'LL HOLD A GOOD THOUGHT FOR ALL OF YOU.

- YOU'RE A DEAR FRIEND, FRANCESCA. - I DON'T WANT TO HEAR...

THAT YOU'VE BEEN MOPING AROUND YOUR HOTEL ROOM LIKE SOME FORLORN BACHELOR.

- LET ME COOK YOU DINNER ONE NIGHT, HMM? - I'M, UH,

OVERLOADED WITH WORK AS IT IS,

WHICH IS HOW I GOT MYSELF INTO THIS PREDICAMENT.

[Ironic Laugh] BUT IF I GET A PATCH OF BLUE SKY...

- YOU'LL CALL ME. - YEAH.

OKAY.

WHEN DO YOU THINK I'LL BE CALLED TO TESTIFY?

AFTER THAT DEBACLE IN COURT TODAY, TED'S GONNA NEED TO DO SOMETHING FAST...

TO REHABILITATE NEIL IN THE JURY'S EYES.

MY GUESS IS YOU'LL BE UP NEXT. MM...

I JUST WANT TO GET THROUGH THIS IN ONE PIECE. YOU'LL DO FINE.

ALL YOU GOTTA DO IS SIT UP THERE AND TELL THE TRUTH.

DO YOU WANNA TAKE ANY OF THIS FOOD HOME? NO.

OH, WE CAN, UH, LEAVE IT FOR THE CLEANING CREW. IT'LL, UH...

IT'LL ONLY END UP GROWING PENICILLIN IN MY REFRIGERATOR.

SPEAKING OF, UH, TELLING THE TRUTH,

I CAN'T EXPECT YOU TO TRUST ME UNLESS I DO MY PART...

IN BEING COMPLETELY ABOVEBOARD WITH YOU, WHICH I HAVE NOT BEEN.

- HOW SO? - WELL, THE OTHER NIGHT I RATTLED OFF A LITANY...

OF MORAL AND... AND ETHICAL CONSIDERATIONS...

THAT PRECLUDED MY GETTING INVOLVED WITH YOU ROMANTICALLY.

AND, UH, THE FACT IS THAT NONE OF THAT REALLY MATTERS TO ME,

GIVEN THE, UH...

UH, PROFOUND FEELINGS OF AFFECTION I HAVE FOR YOU...

- ARNOLD? - LET ME FINISH.

THIS NEEDS TO BE SAID.

YOU EXPRESSED YOUR VULNERABILITY TO ME,

EVEN ATTRACTION, IF I'M NOT OVERSTATING IT.

UH, YOU'RE NOT, BUT I... AND HOW DID I REPAY YOUR HONESTY?

BY HIDING BEHIND STAMMERED EXCUSES.

"IT WOULD BE INAPPROPRIATE, IRRESPONSIBLE"...

AND, UH... NOT WHAT I THINK AT ALL.

I THINK IT WOULD BE WONDERFUL.

BUT I COULDN'T ALLOW MYSELF TO ADMIT THAT OUT OF FEAR.

SPIVAK MEN ARE KNOWN FOR BEING FEARFUL.

ARNOLD, EVERYTHING YOU SAID THE OTHER NIGHT WAS TOTALLY RIGHT ON.

TRUST ME. I HAD NO IDEA WHAT I WAS SAYING. I DID.

AND GOD BLESS YOU FOR SAYING IT.

THERE I WAS, READY TO THROW CAUTION TO THE WIND.

FORTUNATELY, YOU'RE A MUCH MORE DISCIPLINED PERSON...

WITH WAY MORE SELF-CONTROL THAN I HAVE.

YEAH, WELL, TOO MUCH DISCIPLINE AND SELF-CONTROL CAN ALSO LAND YOU...

IN A CLOCK TOWER WITH A SNIPER RIFLE. [Laughs]

DO YOU KNOW... HOW MANY MEN HAVE EVER SAID TO ME IN THE HEAT OF PASSION,

"HEY, ARE YOU SURE WE'RE DOING THE RIGHT THING HERE?"

[Chuckles] EXACTLY ONE.

YOU, ARNOLD.

AT THE TIME I DIDN'T UNDERSTAND,

BECAUSE I'M NOT USED TO BEING TREATED WITH RESPECT.

AND THAT ONLY MAKES ME WANT YOU MORE. [Laughs]

YOU AND I WILL HAVE OUR TIME.

BUT NOT DURING THE TRIAL.

WHICH COULD GO ON FOR MONTHS. YEAH.

I-I DON'T WANT TO GET THE FIRM IN TROUBLE.

I DON'T WANT TO GET YOU IN TROUBLE.

OKAY. WELL, I'LL WALK YOU DOWN TO YOUR CAR THEN.

UH, I'D RATHER YOU DIDN'T. IT'S HARD ENOUGH SAYING GOOD NIGHT AS IT IS.

WELL, I'LL SEE YA. SEE YA IN THE MORNING THEN.

OKAY.

THE COMELY EX-JUROR, A SELF-DESCRIBED FEMINIST,

WILL BARE ALL IN THE UPCOMING ISSUE OF PENTHOUSE.

WHILE HUNKY BOYFRIEND MILES BEWKUS...

HAS SOLD THE STORY OF THEIR TORRID ROMANCE...

TO 20th CENTURY FOX FOR AN UNDISCLOSED FIGURE.

IT'S CALLED "LOVE IN A CROWDED ROOM,"

AND IT'S-IT'S ABOUT A MAN AND A WOMAN TORN BETWEEN THEIR PASSION FOR EACH OTHER...

AND THEIR CONSTITUTIONAL RESPONSIBILITY.

WHO DOES HE THINK SHOULD PLAY HIM IN THE MOVIE?

A YOUNGER DE NIRO OR BRAD PITT... I THINK HE'D BE GOOD.

LIZZIE? HI, IT'S ME.

I MISS YOU TOO, SWEETHEART.

HOW WAS SCHOOL TODAY?

AN "A" IN SOCIAL STUDIES. THAT'S TERRIFIC.

HOW'S GEOGRAPHY COMING?

I KNOW IT'S HARD. I-I HAD TO MEMORIZE THE STATES AND CAPITALS TOO.

IT JUST TAKES PRACTICE.

WHAT'S THE CAPITAL OF...

KENTUCKY?

RIGHT!

WHAT'S THE CAPITAL OF... KANSAS?

OKLAHOMA?

RIGHT! YOU SEE?

YOU KNOW MORE THAN YOU THOUGHT YOU DID.

I LOVE YOU TOO.