All language subtitles for Law & Order s02e06 Misconception.eng

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.

(police radio chatter)

So my brother-in-law
moves into Hell's Kitchen...

Man:
The doctor? The genius.

Quarter mill
on 46th Street.

He says
he's a pioneer.

Hope he's got a gun.

(chuckles)
I'm just happy for the overtime.

We do all the work,
they make all the bucks.

Come on, I called a cab.
I'll drop you.

Charging it
to a client.

You live in Queens...
where're you gonna drop me?

We'll swing over
to your place...

No, that's okay,
I'm just gonna take a subway. It's the only exercise I get.

- You sure?
- Sure, I do it all the time.

Okay.

Where to, lady?

Gooden's pitching.
The kid should see it.

She's never heard of negotiation?
You swap days.

Nope... by the book,
every other weekend.

I gotta call
my damn lawyer to take my kid to the frickin' zoo.

Dispatch:
27 car for a signal 1056.

Corner of Water and Vesey,
in the alley.

27-Charlie, 10-4.

(siren blaring)

- Jesus.
- Central K, we have a female down.

Need ambulance
on corner of Water and Vesey.

Dispatch:
Roger, 27.

(siren approaching)

Call came in at 1:17.
We were down the corner.

- A mugging?
- Too hysterical to talk.

- Where's the caller?
- Joined the silent majority.

9-1-1 anonymous.

Probably used the payphone
around the corner.

Found it down the block.
License says her name is Amy Newhouse.

453 West 45th.

I got 10 bucks says she's taken
self defense at the 92nd Street Y.

I wish they'd teach these people
it's not worth the fight.

Well, I doubt this one
put up much of a fight.

- What makes you say that?
- She's preggo. Out to here.

Tough town.

(whistles)

(theme music plays)

12 hours in ER
you see everything.

- Did you see Amy Newhouse?
- Yeah, I admitted her around 2:00 a.m.

Roughed up,
nothing's broken.

Scratches,
scrapes, bruises.

It's a first for this rotation...
it looks like the patient'll be just fine.

Paramedic said
she was pregnant.

Yeah, maybe five,
six months.

Well?

Some women sneeze too hard
it causes a miscarriage.

Others, they run a triathlon
and everything's hunky-dory.

What's that,
a medical term?

Partial abruption
of the fetus...

the placenta starts to separate
from the uterine wall.

We've got her hooked up
to fetal monitors.

All we can do is wait and see.
You catch the guy?

Nope.

Belongs in a cage.
Talk about your sociopaths.

This guy kicks her two, maybe
three times right in the belly.

- Can you tell us
where we can find her? - Yeah, upstairs. 612, South.

(heart monitor beeping)

I only had $20.

Credit cards?

I don't have any.

Amy, can you remember
anything about this man?

How tall he might have been
or something he might have said?

Cerreta:
It's okay. It's all right.

He grabbed me from behind.
I never even saw him.

He took my bag.

The next thing,
I was on the ground.

My baby, my...
(sobbing)

He took your bag
and then he kicked you?

What were you doing
out at that hour?

My... my boss
kept me late.

I work for a law firm...
Wood, Carlton & Troy.

Has anybody
contacted your husband?

I'm not married.

The father?

Chris.

He's at work.
He's a cabbie.

You know, I would have
given that man my money.

- What about the baby?
- So far so good.

New York was Amy's idea.

She saw "Working Girl"
one too many times.

You think that bunch of lawyers
gives a damn about her,

keeping her there
till all hours?

She always walk
to the subway that late?

She's a secretary
of some hotshot partner. Jerk thinks he owns her.

A million times I asked her
what she needed that job for, but she wanted the overtime.

Maybe now we can
go back to Wisconsin.

Look, I've got
to get to the hospital.

She's gonna be okay.
The baby is a question mark.

Great, so for 20 bucks
we might have a murder.

He already had her bag.
He didn't need to kick her.

And this city is known
for its mental health?

Or maybe somebody
had something else in mind.

Like, for instance?

Like causing
a miscarriage.

That's a hell of a way
to get your jollies.

Well, run the MO
through the assault files.

Could be this started
closer to home.

All right,
talk to the neighbors.

See if you can
get a read on the boyfriend.

Ah, I'm sorry...
my hearing, you know.

The best thing
about getting old is you only have to do it once.

- (woman laughs)
- (Cerreta laughs)

That Amy?
Oh, she's a doll!

She brings me
the papers every day.

The stairs, you know.

They're such a nice,
young couple. And now a baby!

So Chris was happy
about the baby?

He thought
he was too young.

I was his age when I was
already expecting my third.

- Mrs. Fisher, listen.
- Hmm.

Did you ever
hear anything...

you know, strange
coming from their apartment?

Well, since Sam died,

I only turn these on
for guests.

Are you kiddin'?

The walls are like toilet paper.
This isn't exactly Gramercy Park.

Did you ever hear anything
out of the ordinary?

Put it this way, every time he's
in the mood, I know about it.

Couple of horny toads.
Oughta be a law.

- Any violence?
- Yeah, sure.

The guy blew his top
every now and again.

Did you ever see Chris
actually hit Amy?

Last spring
she had a cast on her arm.

And you think
Chris caused that?

She said she fell.
Who am I to say otherwise?

In my opinion,
the guy's a dip.

A fare wanted
to go to Forest Hills,

he took him
to Forest Lawn.

- You kept him on.
- Almost a year.

Honest beats
smart anytime.

Was Chris on duty
Tuesday night?

Graveyard,
12:00 to 8:00.

How much trouble could
he get into after midnight?

Can you tell me
where he was around 1:00?

Somewhere on the LIE.

Picked up a fare
at 79th and Columbus,

took him out to Kennedy.
37 bucks on the meter,

another 40 comin' home.

He was in the wrong borough
at the time of the attack.

So much for
Ken popping Barbie.

That's no alibi.

Hey, summer of '82, I hacked
part-time to pay tuition.

Sometimes in the middle
of the night, I'd get lonely.

I'd park my cab in front
of Janey Meyer's house,

leave the meter running,
go inside,

take care of business,
pay the fare myself.

Which would amount to what,
about $2, $3?

Like going
to Jersey and back.

(laughs)
Let's go talk to the girl.

Back home we had
the real thing... 120 pounds.

His name was Regis.

(laughs)

He shouldn't have spent
the money, but that's Chris.

So Chris was
happy about the baby?

Mmm, it's all
he talked about.

All he wants out of life is
a wife and half a dozen kids.

Amy, we know about
your broken arm last spring.

You want to tell us
how you got it?

I fell down.

In the middle
of a fight?

No, I told you that...

Amy, there's no reason
to protect Chris if he did this to you.

What do you think,
Chris is an animal?

He wouldn't hurt me
or his baby.

Look, he hit her once,
he'd hit her again.

This much is clear.
She is lying about the broken arm.

You think he wanted
to nix the kid?

Wait a minute, wait a minute...
wife beatings are spontaneous.

Are you saying
he actually drove crosstown

then waited outside
her office in order to pop her?

All right, a theory.

Chris wasn't
as happy about fatherhood as Amy would have us believe.

She wouldn't get an abortion,
so it was a do-it-yourself job.

Okay, so he loses
his temper now and then.

But beat her enough
so she'll lose the baby?

Anyway you look at it,
the wheel stops at the boyfriend.

He's got buttons,
push 'em.

I know
how it is, Chris.

She ticks you off,
so maybe you lose your temper.

It happens
all the time.

Maybe I hit her once,

but that was a long time ago,
before she got pregnant.

I'd like to believe you,

but whoever did this to Amy
had one thing in mind.

You think
I would hurt my baby?

Hey, I know how tough it is
raising a family.

You're broke, you're young...
the last thing you need...

We'd get by.

(sighs)

Chris, if you speak up now,
maybe the DA will listen.

The DA?

Yeah.

- Amy's pressing charges?
- Nobody's under arrest.

She knows
I couldn't have done this... I love her. I love the baby.

(knocks on door)

Amy had a miscarriage.

Oh God!

If the fetus was
less than 24 weeks old,

there's no homicide,
and all we've got is assault.

- You've got to be kidding me.
- That's the statute.

That's great, so a bunch
of lawyers decide if you're alive enough to be murdered.

Better yet,
it could vary state to state.

Wonderful... good thing
they weren't traveling cross-country when he beat her.

It would have been
like tic-tac-toe... here we charge you, here we don't.

What do you want me to tell you,
the law always makes sense?

Our is not to question why...
we just pick up the garbage.

Fellas, just try to find out
how far along this girl was.

Without the trauma,
she would have had a healthy boy.

Can you tell us
if the fetus was 24 weeks old?

The BPD
is 5.8 centimeters.

Femur length's 4.4.

My opinion?
Probably about 25 weeks.

In other words, there's
no way to tell for sure.

Did you check
with her regular OB?

She says
she didn't have one.

Look, I don't know
what to tell you.

We take amnios,
we run sonograms,

but the best way is the old way...
counting backwards.

Amy, the DA does not like
hostile witnesses.

There's always
a chance that he's gonna charge you with obstruction.

You don't want to go
to jail for Chris, do you?

(sighs)

Okay...

Chris did hit me once.

But it was
a long time ago.

He... he found out
I was cheating.

With whom?

My boss.

Your current boss,
Mr. Alcott?

It was his baby.

Chris didn't know that.

Chris thought
he was the father.

Was Mr. Alcott in the office
on Tuesday night?

Yeah, he left 10 minutes
before I did.

I'm sorry
about the mess.

It's been 15-hour days
since November with the take-over.

Amy said that you were with her
the night of the attack.

Yeah.
I heard about the baby.

Look, I...
I feel responsible.

I kept her here
late that night.

We had to be
at the printer at 8:00 a.m.

- I had the temp
send her flowers. - Cerreta: Mm-hmm.

What time
did you leave?

Oh, it must have been
about a quarter of 1:00.

I asked her to finish
typing an opinion letter

and fax it
to our clients in Houston.

And then she... I just
told her she could go home.

I knew she liked to walk,
but at that hour...

- You see anybody hanging around
outside the building? - No, sorry.

- Grabbed a cab,
went up to my club. - At one in the morning?

I live in Mamaroneck.

If I were to go home,
I'd just have to hop

right back on the train
and come back to the city.

I always stay at the club
when I'm forced to work late.

- Is that often?
- Law isn't 9:00 to 5:00.

So your relationship with Amy
was purely professional, right?

My wife was
summa at Bryn Mawr.

Amy is
a sweet young girl.

She's not my type.

Cerreta:
So this is the place for the other woman, huh?

Man:
Members have their own rules.

Wives, they take
to the Yale Club, the Knickerbocker.

But here, it's
strictly extracurricular.

What about Mr. Alcott?

Nice guy, drinks Johnny Black,
straight up.

Does he
drink it alone?

Look...

last year I picked up
an extra 10 grand

in stock tips
in a down market.

A big part of the job
is keeping quiet.

Yeah, right.

I can get very long-winded
when I pull people in for questioning.

Sometimes it can go
into the middle of the evening.

And then, if I don't happen
to tell my partner what I asked you,

that could, I don't know,
go... what?

- At least another day.
- Oh yeah.

All right.

Off the record...

yeah, Alcott has
a good time now and then.

Ah-ha.

With her?

Yeah, Ms. Meyers
and tonic.

Tuesday night,
was he here?

Came in around 1:00.

I'm supposed to close
the place up, but what the hell... he's a regular.

Belted down a couple,
hit the rooms upstairs.

Chris isn't my type...
a little rough around the edges.

But Amy must have
seen something in him.

They get along?

Used to be
pretty rocky.

But when Amy got pregnant,
Chris was all lovey-dovey.

What about her boss,
Alcott?

Well, a lawyer.
Enough said.

Amy told us
she was seeing him.

She said
that the baby was his.

Set up an appointment for her
at some fancy Park Avenue OB-G YN.

He was gonna pay
for the whole thing

and then send her on a cruise
off to St. Thomas... real sport.

But she didn't want
an abortion, right?

She didn't want
to go through with it.

Alcott exploded.

The door was closed,
but you could hear him down the hall.

What now, the security guard
saw us together?

Actually, it was
the bartender at your club.

I told you,
when I work late at the office, I spend the night at the club.

Sometimes Amy brings me papers
from the office.

I bought her a drink...
that doesn't mean we're lovers

and it doesn't mean
that I beat her up.

She says she was
carrying your baby.

She's very convincing.

Yeah?

My daughter swears
there's a tooth fairy,

but that doesn't
make it so.

I have clients waiting,
if you don't mind.

Of course
he denied it.

I've been a legal secretary
for four years...

they're all
risk-adverse.

Logan:
You ever ask him to submit to a blood test?

He never questioned
that it was his baby.

At this point, he denies
ever having slept with you.

Unfortunately, it comes down
to your word against his.

How appropriate.

He loved to dictate.

The law wasn't
the only thing on his mind.

I thought I might
need it sometime for protection.

Alcott's voice:
With the marital deduction trust,

the after-tax savings
to the next generation

will be 280,000.

I love to see you
naked in the shower...

- (stops tape)
- Slut.

God, she's the one
who wanted me to make that tape, you know.

She asked me to do it...
said it made her hot.

It doesn't sound like
she's the only one.

Come on,
it was a Christmas party.

It was the first one
I had been to in years. I had too much to drink.

- And she was your present?
- All right, all right, so I slept with her.

It's been five
or six months.

- And once she got pregnant?
- I put on the brakes once she got pregnant.

- I begged her
to get an abortion. - So it was your baby.

She said she'd stopped
sleeping with her boyfriend.

- You believed that?
- It's a 50-50 shot... what am I gonna do?

I can't afford
a paternity suit.

I said I'd help her out financially.
I could live with that.

True or false?
Your life is much easier if she miscarries.

Now hold on now.
No, no.

The boyfriend knew
that she was sleeping around.

He probably did it.

She's lucky
he didn't have a shotgun.

Yes...

Chris knew
it was David's baby.

Yeah, so how did he react
when he found out?

He was mad, but...

he didn't hit me.

He didn't do this.

Hey, listen, you've been
jerkin' us around since day one.

Look...

Chris thought this baby
would make us rich.

He said Alcott would have
to pay for his mistake.

Are you telling us
that you blackmailed Alcott?

I didn't want to do it
at first,

but Chris said
I was entitled.

And did he pay?

$2,000. We figured it was
like a security blanket,

in case he tried
to fire me.

But then Chris kept saying
that this baby was our meal ticket,

and he was sure
that Alcott would pay big money to keep us quiet.

I didn't say
anything before, because...

Will we have
to go to jail?

They're a couple of hayseeds
who thought they'd squeeze Alcott for the big bucks.

Okay, Alcott had
a lot to lose... money, wife and kids, partnership.

- And the other secretary...
- Beverly Kern.

- Said he has
one hell of a temper.

Alcott left the office knowing
that Amy would be down in a few minutes.

He knew her route home,
he waited in the alley, and bingo.

- Witnesses?
- One... reported the attack, disappeared.

So you've got motive
and opportunity.

It's all circumstantial.

Come on, Paul,
the guy's a lawyer.

He's gonna be talkin' deal
before we slap the cuffs on him.

- I'd hock the house on it!
- Assault's a possibility.

Murder may still be a stretch
with a 24-week statute.

I'm game if you are.

Go.

Excuse me, you just can't
walk in without an appointment!

David Alcott,
you are under arrest

for the murder of the unborn son
of Amy Newhouse.

You have
the right to remain silent.

If you choose
to not exercise that right,

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

You have the right
to an attorney...

Bailiff:
Docket number 1422... People versus David M. Alcott.

The charges are
murder in the second degree, assault in the first degree.

How does
the defendant plead?

This is absurd, Your Honor.
These charges...

This is not a boardroom,
Mr. Alcott.

Mr. Manley, does your client
plan to enter a plea?

Not guilty,
Your Honor.

- Applications?
- $250,000 bail, Your Honor.

- What?!
- That is unconscionable!

My client is an esteemed
member of the bar.

Aren't we all,
Mr. Manley?

It would be court-sanctioned
extortion, Your Honor.

The People's case hardly rises
to the level of frivolity.

Your regard for our judicial
system is admirable.

The bail is set
at $100,000.

No way is it murder...
I just talked with Alcott.

- You can read minds?
- No, but I can read a calendar.

The first time
they slept together? The Christmas party.

That's 20 weeks
before the attack.

Good theory, only she says
they started sleeping together in early December.

Who do you think
the jury's gonna believe?

Come on! No witnesses,
no evidence.

Even assault
is a stretch.

Do everyone a favor.

Menacing.
Under the carpet,

quick and easy.
No time.

- A "B" misdemeanor?
- Yeah.

Try man one...
he attacked her with intent.

- He is innocent, Paul.
- Come on, Jer...

He has a family,
a reputation...

Fine, tell his family
they get visiting days.

I need Chris and Amy
to convict Alcott,

so why not plead him down
to petty larceny? Probation.

On extortion?
They already admitted to blackmailing him.

They're kids, Adam. A jury'll
acquit on sympathy alone.

Even with them
it's rough sailing.

No physical evidence,
only eye witness vanished.

Alcott's going to walk
into that courtroom with a suitcase full of respect.

- That's no defense.
- It's reasonable doubt.

Maybe if you want to make
a case for assault, but murder?

The statute says 24 weeks.
Manley's got an expert.

He's got his expert,
I've got mine.

Yeah, you pay 'em enough,
they'll say anything.

Chris worked nights,
I worked days.

I was lonely.

David didn't force me...
I wanted to go.

When did you first start
sleeping with Mr. Alcott?

I don't know... we started
working late on a takeover deal.

It must have been
early December.

And how long
had this been going on?

Maybe a month...

until I got pregnant.

Stone:
What happened when you got pregnant?

He told me
I had to get an abortion.

He told me it was
the right thing.

What was
your response to that?

I couldn't do it.

And how did Mr. Alcott
react to that?

Amy:
He threatened to fire me,

but I told him
that I would go to the EEOC.

In other words,
you thought you would blackmail the defendant?

He owed us.

He got her pregnant...
he should pay.

How much
should he pay?

He gave us 2,000.
I told Amy to ask for 10.

Stone:
And what if he refused?

We'd go to his wife,

and then we'd sue the partnership
for sex discrimination.

- He threw her
out of his office. - And what did you do?

I went
to see him myself.

I said the price
went up to 20,000.

He said it would be
a cold day in hell

before some white trash
screwed up his life.

He wouldn't give
a nickel.

Mishon:
I measured the biparietal diameter

and the femur lengths
of the fetus.

Indicating what, Doctor?

- That the fetus was
25 weeks old. - Thank you.

There are several ways
of determining the age of a fetus.

Isn't that true,
Dr. Mishon?

BPD measurements
can be taken inter-uterally

by sonogram
or in a post-rejection autopsy of the fetus.

And when did you take
these measurements, Doctor?

In an autopsy...
that certainly is the more accurate of the methods.

Ah.

And what is
the margin of error

for post-rejection
BPD measurements?

Well, that can vary
with equipment, and...

What is the accepted
margin of error?

Plus or minus
two to three weeks.

So, Ms. Newhouse's fetus
could have been

22 weeks old.

Isn't that correct?

Yes.

Thank you, Doctor.

Your Honor,
considering the fact

that not even the prosecution's
expert can say with confidence

that the fetus in question

is at least 24 weeks of age,

I move
that the charge of murder

in the second degree
be dismissed immediately.

Your Honor,
Dr. Mishon has testified...

In my chambers,
gentleman.

Mr. Stone knows full well
that he should not have brought those charges.

It's obvious
he's only trying to back in to the lesser-charged felony.

You should have raised
this issue in pre-trial motions.

Oh, be serious, Ben.

I can parade a dozen experts
through that courtroom.

You only tacked on murder
to outrage the jury.

Now they'd convict him
for killing JFK for Godsakes.

The age of the fetus
is a question of fact for the jury.

No, Mr. Stone, it's
a question of law for me.

The defendant's
motion is granted.

There's nothing
we can do?

The statute is clear, but medical
science unfortunately is not.

You mean, if it happened
two weeks later, he'd go to jail?

The assault charges
weren't dismissed.

He could still serve
five-to-15.

Five years for a life?

We heard the heartbeat.
We felt the kicks.

I'm sorry, Amy.

Manley's smart.

You get
an assault conviction

and he claims
that any evidence relating

to the loss of the fetus
was improper.

That's why he didn't object
to the charge prior to trial.

If it's a mistrial,
Alcott walks away untouched.

(phone buzzes)

Yes?

Thank you.

Not quite untouched.

Chris and Amy just filed
a $10-million lawsuit against Alcott.

Retained counsel...
Jacob Bloom.

- The king of torts?
- The prince of darkness.

The woman miscarried. We're
talking major league suffering.

Not to mention
the lifetime earnings potential

of a healthy,
white male.

You win the criminal side,
cuts my work in half.

I'm rooting for you.

Mr. Alcott is
bucking for a mistrial.

This kind of publicity
won't hurt his cause.

You've got no
limitations problem. You could have waited.

Is this jealousy
I'm hearing?

It's nausea.

Ambulance chasing always
brings that out in me.

Ooh, you better check
your playbill, Mr. Robinette.

Your friends came to me
the day after she got out of the hospital.

I had a helluva time
convincing her to wait

for the criminal case
to begin.

(chuckles)

(car horn blares)

I'll say that
was a pretty short period of mourning.

My secretary's cat died,
she took a week off from work.

Million dollar damages.

It's the American dream,
I guess, but some people'll

make it anyway they can.

There's always the chance
that she's suing on principle.

What do we know
about Amy Newhouse, anyway?

Some firms
have switched to HMOs,

but we still stand by
your basic health coverage.

- So check-ups aren't covered?
- Not unless they find something wrong.

Here we go... Amy Newhouse
put in a claim February 3rd.

Company reimbursed her
on the 18th.

- There was something wrong?
- For most people, pregnancy is a blessing.

Insurance companies
call it a disability.

Do you have
her doctor's name?

Bernard Gluck,
36th and Third.

Amy Newhouse.

Healthy young girl.
Everything was fine.

On February 3, you told her
she was pregnant?

No, that was just a check-up.
I told her she was pregnant back in December, the 19th.

That boyfriend of hers...
he nearly jumped for joy.

I haven't seen her since.
How's she doing?

Not too well.

Alcott's voice:
Letter re: Barsky Family Trust.

As per my prior communication,
the tax savings will benefit

two generations without running
afoul of the generation skipping tax.

Last night was spectacular.

You were right,
it was worth the wait.

Better than
I ever imagined.

- First sight of you naked...
- (tape stops)

So what? We admitted
he had the affair.

It sounds to me like you
dictated that letter

the day after
your first night with Amy.

- There is a point to this?
- It was dated the 23rd of December.

The day after
the Christmas party.

(gasps)

How many times
do I have to tell you... I told you she was lying!

So there is no way
the baby was 24 weeks.

You made me jump
through hoops for nothing.

Save the theatrics, Jerry.
The murder charges were dismissed.

The point is, her doctor says
she was already pregnant on the 19th of December.

That little... I want
this case dropped immediately

and I want
a public apology.

So the baby couldn't
have been mine.

They knew all along
that Chris was the father.

They set Alcott up
for blackmail.

That doesn't
affect his guilt.

What's important is that
he thought the baby was his.

The creeps...
they manipulate this office,

the police, Alcott,
right from the start.

- They're liars...
doesn't make 'em killers. - (knocks on door)

Maybe the blackmail
is a camouflage.

Maybe their ultimate goal
is a civil suit.

There may be more to Chris
than we originally thought.

He practiced law
in Wisconsin.

And now he's
driving a cab?

Disbarred in '89.

What are you
gonna do, Ben?

Well, straightforward's
not gonna work with 'em.

We've gotta hit 'em
from behind.

If the light at the end
of that tunnel is a civil suit,

why not seal up
the tunnel?

Judge Burton owes you
a favor.

Call one in.
Get me a continuance.

What the hell is
his wife's name? Sally?

Your husband may be guilty
of many things, Mrs. Alcott,

but we're
not convinced one of them is attacking a pregnant woman.

You're not required
to help them, Marti.

No, you're not.

But I'm sure your attorney
has told you

that cause has no bearing
on the property distribution.

In books,
Mr. Robinette.

In real life,
it goes a long way.

You'll get your divorce.

You'll get his money.

But the penalties for adultery
do not include 25 years behind bars.

Maybe they should.

Maybe then they would
keep their pants on.

David will pay for this,
Mr. Robinette.

Fine.

If he goes to jail,
Chris and Amy's civil suit against him is a sure winner.

And in that case,
there'll be a lot less

to divide up
after the divorce.

What are you proposing?

I'm sure
it doesn't surprise you that Mrs. Alcott has commenced

a divorce proceeding
against her husband.

Chris:
And you want Amy to testify?

As a matter of fact, no.
I want you to drop the civil suit.

Why in the world
would we...

- For a million
dollars, that's why. - We're suing for 10 million.

First of all, let me assure you
that Mr. Alcott's net worth is barely $2 million,

half of which I'm claiming
for Mrs. Alcott in her divorce.

Fraudulent conveyance.

We'll recapture the funds.

Very good, Chris.

But I want you to know that I can
tie up his assets for years

pending the divorce
settlement.

I've already got
a restraining order on his bank accounts,

his partnership draw
is being garnished,

and tomorrow we start
on pendente lite maintenance

and child support.

I wouldn't mess with me
if I were you, Chris.

By the time you see a dime,
it won't be worth a nickel.

- And what's in it for you?
- Mrs. Alcott will drop the divorce proceedings...

And I'll let
the son of a bitch rot in jail

while I spend
whatever money he has left.

Cowan:
Take a million now...

...drop the civil suit,
and everybody's happy.

Amy's voice:
It was hardly worth the trouble.

- So much
for suing on principle. - These two are unbelievable.

Cowan's voice:
I can have a check for you tomorrow.

Amy's voice:
Let's just take the money and get out of here.

The grieving mother.

Does that
constitute proof?

Couldn't they say
they got over it quickly?

First of all, Chris was
the father, not Alcott.

Chris and Amy knew that,
but made Alcott think it was his.

- In order to blackmail him.
- In order to file a civil suit.

They weren't going
for singles.

These people were going
for the long ball, extra bases.

Staging this whole thing...
that's a helluva couple.

So this whole thing
was a scam?

- The beating, the affair?
- My guess, Chris was the anonymous caller.

And we need you
to break his alibi.

You're the ex-cabbie.

(hood slams)

Gimme the book.

Yeah, sure,
for insurance purpose, we check the odometer

of every cab
when it comes in, when it goes out.

Every cab,
every day, huh?

You screw up the insurance,
they take away your medallion like that.

Cab 34, be my guest.

Guess what? He's only
half as smart as we thought.

The kid paid off the meter,
but he didn't know that they check the mileage every day.

The only way he trekked
out to Kennedy airport is if they moved it to Times Square.

The odometer's
40 miles short.

- And so is his alibi.
- Read 'em their rights.

We've already plead them
out on blackmail.

Experts cannot establish
the age of the fetus,

so murder's
out of the question, too.

Is this true or false?

Amy and Chris intended
to cause a miscarriage.

True, only what they did
wasn't a crime.

But they didn't
know that.

Famous law school
hypothetical:

I shoot a bullet
into the heart of a man

who appears
to be sleeping.

Only he wasn't sleeping,
he was dead.

- Am I guilty?
- Not of murder?

But I didn't know
he was already dead.

I thought I was
committing a crime.

Chris and Amy thought
they were committing a crime.

So they had
a guilty mind.

- If not for murder, for...
- Attempted murder.

Learn from
your past mistakes, Stone.

The fetus wasn't
legally alive,

ergo you can't make it
legally dead,

ergo you can't convict
on murder.

No one's disagreeing
with you, Ms. Bayliss,

but if you read the indictment,
your clients are being charged with attempted murder.

Same difference.

I don't think so. A man buys
a pound of sugar thinking it's heroin.

We all know it's no crime
to buy a pound of sugar.

But, Ms. Bayliss, in every
jurisdiction in the country

the man is convicted
of attempted possession of illegal narcotics.

Yes, Mr. Stone, but if your man
knew for a fact it was sugar,

he's as free as a bird.

Amy:
I hate to spoil your fun, Mr. Stone,

but I assure you,
after three years of law school,

Chris knows how to read
a murder statute.

And I certainly knew
how long I'd been pregnant.

She sat there and admitted
she killed her own baby.

I swear, her pulse didn't
rise above 60.

They knew both the age
of the fetus and the law.

- No murder, no attempt.
- They have proof?

She did have an OB confirm
the home pregnancy test,

plus our young hero Chris'
statement that he knew the statute.

Are you trying to tell me
that a woman that smart

would willingly
sacrifice her body?

That's hard to believe.

Bad and brains are not
mutually exclusive.

Maybe she was abused,
but she was part of this thing from the start.

If she couldn't
form the intent,

if she was acting
under Chris' will...

You saw her... that baby was
no more important to her than a watch,

something she could hock
for a quick buck.

We've got to go
forward with this.

You fire an unloaded gun at me,
it's attempt.

You know that the gun
is not loaded, that's nothing.

To be acquitted, I'd
have to prove I knew the gun wasn't loaded.

Chris and Amy will have
to prove they knew

they weren't committing
a crime and take the stand.

Credibility is a question
for the jury.

Exactly... I open up
the slightest hole in their story,

I give the jury the opportunity,
they'll do the right thing.

You want a jury
to ignore the evidence?

No, Chris and Amy want
the jury to look at the law.

I'll get the jury
to look at Chris and Amy.

Adam:
The law's supposed to be a shield, not a sword.

They're despicable, yes.

But by letter of the law,
they're not guilty.

The legislature could never have conceived
of anything like this.

But wrong should not
win by technicalities. You know that yourself.

Get these bastards
off the street.

Chris:
We knew that if everything went wrong and Amy miscarried

we couldn't
be tried for murder.

We knew that
Amy'd been pregnant for less than 24 weeks.

But you're not charged
with murder, Chris,

you're charged
with attempt.

It's a joke.

You think we would go through
all this and not be sure?

- I knew it wasn't a crime.
- How's that?

Three years, University
of Wisconsin School of Law,

two years practicing
in Fond du Lac.

Thank you.

As an attorney, you are aware
that the definition of murder

- varies from state to state.
- Chris: Sure.

So that what constitutes murder
in Wisconsin may be different in New York?

- That's right.
- Did you ever attend law school in New York?

- No, but l...
- Yes or no, sir.

No.

But now you claim to know
the law in New York.

I can read, Mr. Stone.

Well, then, maybe you can
tell us, Mr. Baylor,

what happened to your license
to practice law?

- Objection... irrelevant.
- What's the credibility, Your Honor?

Answer the question.

It was revoked.

You mean,
you were disbarred?

Sir?!

I made
a terrible mistake,

but we didn't
break any laws.

But you testified that
Chris intentionally hit you.

You said it was
all part of your plan.

We never meant
to hurt it.

I am so sorry
about the baby.

I wish
I could take it back.

And what about
Mr. Alcott?

Does he deserve
any sympathy?

I take it
you don't care for him?

He cheated on his wife.

He cheats the government
for a living.

He deserves
whatever happens to him.

Amy...

have you been examined
by a doctor recently?

Yes.

Bayliss:
And what did he say?

As a result of the kicks,

there was severe damage
to my uterine wall.

Which means?

I'll never
have another child.

- Objection... relevance.
- Sustained.

Thank you, Amy.

Ms. Newhouse...

you testified that you didn't
intend to have a miscarriage...

yet you meticulously
planned the attack

to assure that the fetus
would be under 24 weeks of age.

Chris said
it was a fail-safe,

just in case something
went wrong.

Can you tell us why
Chris was disbarred in the state of Wisconsin?

Answer
the question, please.

Subornation of perjury.

Stone:
Do you know what that means?

He encouraged a witness
to lie on the stand.

Do you think
Chris could be at it again?

- Objection!
- Sustained.

Ms. Newhouse,
do you know what it means

if you can't prove
that you and Chris knew the law

prior to committing the acts
that resulted in the death of your baby?

Objection! The witness
is not an attorney, Your Honor.

She's not competent
to determine this.

On the contrary, Your Honor,
Ms. Newhouse's entire defense

is based upon the fact
that she knew the law.

She cannot now argue
that she is incompetent to testify as to its meaning.

Answer the question,
young lady.

What would
it mean, Ms. Newhouse, if you didn't know the law?

- We would be guilty.
- Of what?

Of attempted murder.

Of trying
to kill your own baby.

We committed no crime.

Nobody got hurt.

Stone:
No crime?

I mean, what do you
call the plan

that Christopher Baylor
and Amy Newhouse concocted?

They lured her own employer,
David Alcott,

into having
an affair with her.

They convinced him that
their own pregnancy was his.

And then they did
the unimaginable...

they staged an attack,

an attack in which
Christopher Baylor savagely kicked

the mother of his own child
in the belly.

And they say it's
no crime?

They killed their own child
for greed.

No crime?

The only possible way
that this is not a crime

is that if you can
manage to convince yourself

that that couple
had specific knowledge

of an obscure penal code.

I, however, believe
that if you review the evidence

you will find
that when they came up with this heinous plan,

they were unaware
of the 24-week statute...

and they are guilty of the crime that was in
their hearts all along...

the crime
of attempted murder.

Have you reached
a verdict?

We have, Your Honor. We find
the defendants Amy Newhouse and Christopher Baylor

guilty of attempt to commit
murder in the second degree.

- Motion to set aside
the verdict? - Denied.

Gillion should have
set aside the verdict. The only basis was horror.

The public is all over us
when a known criminal walks on a technicality.

I flipped the coin.
I let the people use a technicality to convict.

I'm sure they'll appeal.

The jury disbelieved
their testimony.

Last time I looked that is
not reviewable upon appeal.

But they were
telling the truth.

I'm not gonna lose
any sleep over it, and I don't think the jurors will either.

- There's another bit of justice.
- What's that?

She'll never reproduce.

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