Original subtitles

Uh, you testified, Officer, that when you found the defendant J.C. Hornby

in the middle of the street directing traffic, he was dead drunk.

Is that correct?

Yes, sir. Mmm.

What did the urine test show?

The what?

The urine test. I mean you took one, didn't you?

No, sir.

Then what test did you use for the presence of alcohol?

None, sir.

Officer, have you ever seen anyone having an epileptic fit?

No, sir.

Then how do you know the defendant, Mr. Hornby, wasn't having one?

How do I know?

Well, he's been convicted for drunk and disorderly 24 times.

Well, we wouldn't want to be wrong the 25th time, now would we?

So because of the defendant's record

you just assumed that he was drunk, hmm?

That's right. You assumed it.

Yes.

If the court pleases, Webster's Collegiate Dictionary, page 53.

"To assume, to take for granted without proof."

In view of there being no proof against my client,

I move the charge be dismissed.

Mr. Petrocelli,

despite this court's high admiration for your judicial dexterity,

I not only assume the defendant was drunk, I'd bet my life on it.

Seven days.

Seven...

Well, you gotta lose big to win big, huh?

Tony, you know that medical clinic out there at Baker?

Run by the Harrison boys.

Oh, sure. I know the place.

Well, Dr. Paul Harrison has a little problem.

I told him he could do worse than talk to you.

I promised him you'd go right out there.

How'd you know I'd be free?

Just a guess.

Thanks, Judge.

Yee-ha!

Dr. Kelly, Admitting Room, please. Calling Dr. Kelly...

Mr. Petroselli?

Mr. Petrocelli's my father. I'm Tony.

Oh. Paul Harrison. Doctor.

It's a great place.

Come in.

Jack.

Jack.

Mr. Petrocelli's here, Jack.

This is my brother, Dr. Jack Harrison.

Doctor.

I'd rather he'd tell you himself what happened.

Dr. Rance, Emergency, please.

Dr. Rance, Emergency.

Why don't you start from where you came home, Jack?

Mmm.

They all arrived over at my house around, uh, midnight.

Could you speak up a little, Jack?

They all arrived over at my house around midnight.

All?

Uh-huh. My wife Wilma, the Greers and the McCauleys.

We'd been at this party

and I invited them home afterwards for a nightcap.

I remember lying down on the couch because.

I'd had one hell of a day, a couple of operations.

I guess I must've fallen asleep...

Jack! Jack!

Because the next thing I knew I was

awakened by someone calling my name. I think it was Wilma.

It seemed to be coming from upstairs.

Jack!

It must have been much later, because it was dark,

and there was nobody else around, so, I went upstairs.

As I got to the room I saw this shape

form or something, in the room, near the bed.

No!

And then I must've gotten hit on the back of the neck or the head,

I don't know where, but... I went down.

When I came to...

I heard something downstairs, so I went down.

It was like a dream because.

I don't... I don't remember anything about it.

And the next thing I knew I must have been hit again

because I was lying on the floor.

I went back upstairs,

and I realized that

she was dead.

This, uh... This shape or form that you talked about,

could you be a little more specific?

It was almost ghostlike.

But I just can't remember clearly.

Okay, okay, Jack.

Take it easy.

The police think my brother killed her.

Really?

Miss Middleton, calling Miss Middleton...

Fact is they were never happier.

Report to Dr. Hager at once.

After five years of marriage they were finally gonna have a child.

I think there's something else you ought a be aware of.

There's a Detective Sergeant Moran?

He's in charge of this case?

He thinks there'll be sufficient evidence to, arrest Jack tomorrow.

Under these circumstances, you'd be prepared to take on the case?

Doc, does General Motors sell cars?

Hey!

Hey!

I'm Harrison's lawyer and that's my investigator.

Hey!

What're you gonna do with that?

Drink it.

Okay, so let's see what Moran's got.

When they all came back from the party,

Jack removed his tuxedo jacket and put it down over here.

Mmm? Mmm.

He goes over to the bar, mixes some drinks,

gets himself a can of beer, he opens it,

gets his shirt wet, takes off his shirt, throws it down over there.

Goes over to the couch, lies down, and he falls asleep.

Mrs. McCauley gets his jacket from over there,

brings it over here and drapes it over him.

Right? Right.

Okay. So he's asleep.

He's got on his shoes, his socks, his pants, his T-shirt and his jacket.

Why the fashion show?

Moran said so right there, didn't he?

When he gets here first thing in the morning,

he finds Harrison's jacket at the end of the couch, folded neatly.

Like so.

Moran thinks he was lying about being asleep,

hearing the screams and then rushing upstairs.

If you're in that kind of hurry

you don't take the time to take off your jacket,

fold it, and lay it neatly on a couch.

Okay. That's point one in the police case.

What's Moran got next, Charlie?

He hears a noise.

Now, he goes up the stairs.

Now the noise is comin' from the bedroom

here at the top of the stairs.

Now somewhere, probably right around in here...

He was hit from behind and knocked out.

Mmm-hmm.

And while he's out, Jack says that his watch and keys were stolen,

but not the wallet in his back pocket, huh?

That's police point two.

If someone robbed him, why not take the wallet?

It had a thousand-dollar check in it. Next.

Before he's knocked out he sees somethin' going on in the bedroom.

A shape or a form attackin' his wife.

So they found Wilma on this side of the bed.

She had nothing on but her pajama tops pulled above her breasts, hmm?

Right? Right.

Okay, so Moran gets F.J. to examine the bloodstains and the pillow.

F.J. claims that he sees the imprint of a surgical instrument there.

Police point three.

Jack Harrison's a doctor. Murder weapon's a surgical instrument, hmm?

What's next?

He comes to and he hears somethin' goin' on downstairs.

Mmm.

The noise seems to be comin' from the den in there.

Now Jack goes in,

he's knocked out again,

and he wakes up and his T-shirt's missing.

Mmm, that's point four, police.

And he told Moran it must've been ripped off during a fight,

Moran doesn't buy it.

He thinks there was blood on it

and that's why Jack got rid of it.

Because Moran says you can't rip a T-shirt off that easily.

Point five.

Desk is ransacked.

Now Moran claims it's only an attempt to fake a robbery,

because the drawers are pulled out, and stacked one on top of the other.

What thief stacks drawers that neatly?

Last point,

since there's no sign of any forced entry through windows or doors,

Moran is convinced that whoever killed Wilma,

was in this house all the time.

And since Wilma certainly didn't give herself 35 blows to the head,

as far as they're concerned, our boy Jack did it.

Hey! All right, my criminologist.

Okay, what insurance company you trying to beat this time?

Me? I've got a house here you're gonna love fooling around in.

Robbery? Mmm-mmm! Murder.

Hmm. Moving up in the world, aren't we?

How are you, Tony? Fine.

Sorry, gentlemen, this house is now off limits.

Says who?

Says me.

F.J.

Professor Wyler. Mr. Petroselli.

"Chelli."

But you do eat celery, not chelery.

That's very good, that's very good.

But on the other hand, you play the cello, not the sello.

Well, play whatever you like, but not around here.

You know,

I never went to Harvard, and I never got me one of these little things

but I know how it is.

Going through all of the motions, to justify a big fat fee.

Hey! I told you it was off limits!

The can?

Thanks! Do it again!

How'd you know it was me?

I didn't.

Hey, when did you put these in?

Five minutes ago.

Five minutes ago.

What a day, hmm?

It's not over yet.

It is for you, baby.

I've gotta work tonight.

You rat.

Don't let it run away, eh?

Striker, you son of a bitch, you owe me eight bucks, your team only won by three.

You know my kids don't eat this week.

Screw you and your kids.

Aw now, some people really take a bad attitude.

Can I see my client, please?

All right.

Well, which one? If I remember correctly

you had about two or three of 'em in here.

Dr. Jack Harrison, hospital section.

Should've been picked up sometime today.

Well, he's not on this list.

Let me call upstairs, see if they have a record of it.

Yeah.

Yeah. Hey, this is Striker here.

You got a record of an arrest warrant on a Dr. Jack Harrison?

Today. Yeah, okay.

Mmm, you see a horse there you want to choke on tomorrow?

Sure do. Running Ahead in the sixth at Aqueduct.

Oh, now don't we feel sporty?

Always, my boy, always.

Yeah. Yeah. Oh! Uh-huh.

Okay. Yeah, thanks.

They turned down the arrest.

Who turned it down?

The Baker Town Council.

Well, you see, we don't have any jurisdiction there, you see.

We were called in to help out,

and then all we could do is recommend after that.

Thanks, Carl.

All right. Be cool, my man.

Go chase another ambulance.

Go chase yourself.

♪ Go to heaven but he went the other way

♪ Drink, chugalug, chugalug, chugalug

♪ So, drink, chugalug, chugalug, so, drink

♪ Go to heaven but he went the other way

♪ Drink, chugalug, chugalug, chugalug

♪ So, drink, chugalug, chugalug, so, drink ♪

Hey, you guys, meet Tony Petrocelli.

Tony, this is Myron McCauley. Andy Greer, Mike Peterson.

How are ya?

They're the Town Council that just voted you out of a job.

What're you gonna have?

How about, yeah, a bottle of root beer.

Say, is that your camper out there?

Well, yeah. Thanks. Is that your Rolls?

That's right.

Nice car.

What did you do, Doc, call the boys and read 'em the Old Pals Act?

No. Of course not.

Look, Doc, you tell a couple of old pros

like Moran and F.J. that their case isn't good enough,

they'll come up with a better one.

How?

Doc, a guy's accused of killing his wife, they need a motive.

Now what do you think?

What the... They couldn't do anything like that.

Oh, really?

I work with Jack, he's never been involved with another woman or...

Look, look, Doc, all they need is anyone, any time, anywhere.

Oh. Not Jack.

Not Jack, huh?

What'd, he lose it in the war?

Hello, puddin'. What kinda mood's he in?

He's on his third bottle.

Hello, folks. Bob Chambers speaking to you from Baker,

where the brutal murder of Wilma Harrison has shocked the entire county.

Baker is a typical old-fashioned small town with one exception.

According to the Internal Revenue Service

there are more millionaires per cap it a in Baker than in any other town in America.

As they prepare to bury Wilma tomorrow,

the big question tonight is is somebody in Baker getting away with murder?

Well, if the Town Council won't act,

there is someone who can get to the bottom of this,

and that man is our county coroner, Dr. F.J. Williamson.

Call an inquest, F.J., we're right behind ya.

Bastard.

Yeah, they didn't even mention your name.

Staying for supper, Charlie?

Yeah, why not?

Well, what do you think?

I think I'm gonna give you a raise, Charlie.

I'll settle for the 200 you owe me.

One, two, three, four,

tighten your buttocks and stretch, up.

One, two, three, four,

tighten your buttocks and stretch, up.

Take a break, ladies.

Mrs. Fiske?

Well, whoever said you can always spot a cop wasn't kidding, was he?

That must've been the same fella who said more than a handful is wasted.

I'm Jack Harrison's lawyer and I'd like to talk to you.

I'll be finished with my class in a few minutes.

Hey, you know Sergeant Moran, don't you, Charlie?

Sergeant Moran.

You're gettin' in a little over your head, aren't you, Petrokelli?

Chelli.

Chelli, Kelli, what the hell difference does it make?

All wop names sound the same.

What? What? I can't hear you.

I said all wop names sound the same.

I still can't hear ya.

Wop.

You ready? You wanna try?

I'll let you know when I'm ready for you.

You know, Petrokelli...

Chelli. Petrocelli.

Your old man must've had to sell a helluva lotta fruit to send you through school.

That's right.

He had the biggest fruit stand in Providence.

Be a damn shame to see it all go down the drain.

Sorry to keep you waiting, gentlemen.

Well, will anyone else be joining us?

Just about it, honey.

Because I don't wanna have to repeat myself.

I have absolutely nothing to say to anybody about anything.

So screw off.

Well, Jack, your Mrs. Fiske does some pretty interesting exercises herself,

with everything but her jawbone.

Maybe there was nothin' to talk about.

Try to convince my investigator of that.

Going through Jack's bank statements,

a little check of $2,000 made payable to a certain Mrs. Fiske,

caught his eye.

And Moran's obviously.

Giving a woman money doesn't mean anything.

What about if you check into a motel with her?

But not Jack, huh?

I told him to lie to you.

If it got out that I was having an affair with a patient,

I think you know what would happen to our practice.

Well, we'll find out about that tomorrow at the inquest, Jackie-boy.

Because when F.J. asks you about Mrs. Fiske,

you are going to admit to sleeping with 'er.

She won't talk.

You want to gamble your practice against your neck?

It's your ass.

Isn't it true that you wanted a divorce

in order to marry Mrs. Alice Fiske

and your wife wouldn't agree?

Not true.

Well, then why did you give Mrs. Fiske the $2,000?

She was a friend.

Are you that generous with all your friends?

She was moving into the city to open a health studio.

Why did she leave?

I don't know. Why don't you ask her?

Didn't you encourage her to leave Baker

because your wife had become suspicious?

Absolutely not.

So, you gave her the money to open a health studio?

That's true.

And not to divorce her husband?

Absolutely not.

Then why did Mrs. Fiske pay a $2,000 retainer to a well-known divorce lawyer?

I don't know.

So Mrs. Fiske was just a friend,

is that what you're trying to tell us?

Yes.

Would that rule out going to bed with her,

engaging in sexual intercourse?

Objection!

This is not a court of law, Mr. Petroselli.

You have no legal position here.

My client has a constitutional right to counsel.

Not here he hasn't. Now do you sit down or do I put you out of here?

Sit down! Sit down! Sit down!

Now answer the question.

What was it?

Would you read my last question?

Would that rule out going to bed with her,

engaging in sexual intercourse.

Well? Answer the question.

I did not.

Thank you, Dr. Harrison, that'll be all.

Call Mrs. Alice Fiske.

Peanuts! Peanuts! Hot dogs!

You are Mrs. Alice Fiske?

I am.

Do you know Dr. Jack Harrison?

I do.

Were you a patient of his?

I was.

Did you have intimate sexual relations with him?

Yes.

What did you say? I said yes.

Thank you, Mrs. Fiske. That'll be all.

I guess that's that, huh?

If swingin' around makes you guilty of murder,

then 99% of the male population'd be behind bars.

What about the other 1%?

That's me, baby.

And Dr. Jack Harrison is now being held in county jail

after the Baker Town Council ordered his arrest.

The price of meat rose yesterday...

Morning, Scotty.

Morning, Tony.

Ah, at least I see we're gonna agree on one thing.

What's that?

We use the same brand.

Will you hang onto this? Sure, Mr. Scott.

Get out of here.

You know Detective Sergeant Moran, don't you?

Just what I need is a detective.

Got a client around here I can't seem to find.

Try the Bureau of Missing Persons?

Isn't this it?

I'll be with you in a moment, Sergeant.

All right.

You nervous? Should I be?

First time, isn't it?

You gotta lose it sooner or later, Scotty.

Ah, so you think you're ready to move out of Municipal court.

Mmm-hmm.

Well, you know you're not gonna beat this one with a urine test.

I didn't beat that one either.

I think it's clear enough what happened, Tony.

Harrison wakes up in the middle of the night,

and he's in that condition that's common to men on awakening.

Now that is urinary.

Hmm? Oh.

So I find it quite natural to believe,

that Harrison would go upstairs to where his wife lay sleeping,

to claim his conjugal rights.

Hey. Hey.

What's the matter?

You were snoring.

Oh. Oh, sorry, Jack.

Jack, I'm tired.

Don't be ridiculous.

Come on, Jack, for Christ's sake, will ya leave me alone!

Why don't you go sleep with Mrs. Fiske!

Oh, you know that story, Tony, it's practically a national anthem.

You want me to stand up and salute?

If you get Jack to tell us that kind of story,

I'll give you Manslaughter.

And if he doesn't?

We skip the preliminary, go direct to the Grand Jury,

get an indictment for First Degree Murder.

Then why the offer?

Been watching Bob Chambers?

Yeah, now and then.

Then isn't it quite evident that this is the kind of case

that's gonna provide endless fodder

for mental masturbation and precious little for legal satisfaction?

Why, you lazy old bastard, you.

You're worried that this trial is gonna run over into the fishing season, huh?

Go to mama.

Sit down, why don't ya?

When are they gonna let me have some sleep?

Soon.

Yeah, I know, they itch a bit at first but you'll... You'll get used to it.

Sure.

Look, I've got the D.A. outside,

now he's willing to accept a plea of Manslaughter.

It could mean a year inside or maybe nothing,

if we work on temporary insanity.

So you think I killed her.

I didn't say that.

Then why the offer?

Because I'm obliged to inform you of it.

And you think I should take it?

It's a pretty good offer.

If I did it.

If you did it.

Did I?

Look, Jack, I don't keep cats and dogs in the house because they eat too much,

little children bore the pants off me,

when I go to a ball game I root for the visitors,

I've never sent a Christmas card,

I don't cry at weddings and funerals,

and I'd cheat on my wife if I had the time.

Okay, okay, I get the picture. You're one solid block of ice.

With one soft spot.

You're innocent until someone proves to me that you're guilty.

The Harrison brothers

run the most successful private clinic in the county.

There are many rumors as to what contributed to that success.

Time and again that same ugly word comes up.

Of course I've heard that figure of 200,000 a year.

But I haven't asked Dr. Harrison what he does to earn it.

The murder weapon they're searching for, Sergeant,

we've heard talk about a surgical instrument.

Figures, doesn't it? He's a doctor.

I stopped going to Dr. Jack

because it seemed to me no matter what the complaint,

you always had to get undressed.

Yes, I was Dr. Harrison's fourth grade teacher.

A very good pupil, I remember,

but always with that little tendency to lie.

Sure, he used the name Jones, Elroy T. Jones.

This was the lady all right, Mrs. Jones.

Now, Mr. Canon, do you still say

you've formed no opinions whatsoever about this case?

You bet I do.

Mr. Canon, do you read?

You bet.

Do you read the morning papers?

Well, I don't exactly read 'em

but sometimes I just look at the headlines and then I...

Mmm-hmm.

I read the sports section sometimes.

The morning papers? The evening paper too?

Well, we, I get two papers. I get one in the mornin', one in the evenin'.

Here's a morning paper. Did you ever see this?

Yeah, I saw that. Read it?

No I didn't read it but I looked at the headline, yeah.

See the headlines, see the picture?

Yeah, I saw the picture and the headline, but I read the sports section.

How about this paper, how about this one? Evening paper.

Yeah, I saw that one. Did you read it too?

Yeah. Did you read this?

No, I just looked at the headline.

All right, what about this one?

Yeah, you bet, I looked at that one too.

Read the sport page in this too?

No, in that one I read the funny papers.

All right, how about this one? Yeah, I saw that one too.

That one too, huh? You bet, you bet.

I see. But you just looked at the headlines.

Yeah. Ah-ha, I see.

Tell me, Mr. Canon, you still say you've formed no opinions about the case?

You bet I don't, I don't.

Okay, Mr. Canon, tell me, if you're selected for jury duty,

would you tell the court who's gonna look after your store?

Yeah, my sister. I told her how important this case was.

I mean when you got a doctor who kills his wife.

You bet.

Challenge for cause.

On what basis?

Prejudice against my client.

Quote, when a doctor kills his wife, unquote.

May I, Your Honor?

Go ahead, Mr. Scott.

Mr. Canon, would you tell the court what you meant by that?

You bet I will.

What I really meant was accused.

Accused of killin' his wife.

Yeah, accused.

Would you take your seat over there, please?

Your Honor, at this time I'd like to move

that the court take some steps to protect my client

from the prejudicial publicity attendant to this trial.

I cite as my authority Hawthorne v. The State of North Dakota,

513, 216, Supreme Court 43, and Rawlins v...

Just a minute, Counselor.

Are you suggesting that I muzzle the press?

No, I'm not, Your Honor.

Need I remind you that freedom of the press

is specifically guaranteed by the First Amendment of the Constitution.

Motion denied.

Then I move for a change of venue.

On what grounds?

Because it's absolutely impossible for my client to receive a fair trial here.

A fair trial, Counselor, is the responsibility of this court.

Motion denied.

Then I move for sequestering the jury to prevent further contamination.

It seems to me the basis of our judicial system

is the inherent honesty of our citizens.

Motion denied.

Then I have no alternative

but to move for the disqualification of the entire panel,

and I cite as my authority Melvin v. The United States, 217, 38, Supreme Court 806...

Your Honor.

Your Honor, my young brother's acquaintance with judicial opinion

awe-inspiring, just remarkable.

Really. It's extraordinary, it's most impressive, most impressive.

But, Your Honor,

may I suggest to him that his record could be protected and brevity served

if he just took a running objection to the whole of these proceedings.

Well, I am indeed indebted to my older

and more experienced brother for his advice,

and I hope it will not be out of order for me

in turn to suggest that he take a running objection himself.

And finally, ladies and gentlemen of the jury,

you have a unique position in our society.

No one else can wipe out a human life.

Make that "lawfully wipe out a human life."

No one else can lawfully...

Mmm-hmm.

Wipe out a human life.

Thank you. Thank you.

Okay. Type that up first thing in the morning.

Step out of your car!

You heard the man.

Come on! Move!

Let's go, uh?

All right, both of you, hands on the cab of the car!

Come on, fella, put 'em up there!

Where's the fire, boy?

I wouldn't do that.

We'll check this.

Car 61, we have an Anthony Peetroselli?

Attorney?

621 Main. I'll hold on.

Put those hands back up there! I'll tell you when to put 'em down!

10-4.

Put your hands down now. Watch those fires, boy.

You can put your hands down now. Okay.

Next time I'm gonna let 'em frisk ya.

Promise?

Looks like somebody's put out an order

to nail a certain male Caucasian with a big nose.

Okay, baby, it's simple.

From now on no more jaywalking,

running through red lights, spitting on the sidewalk.

Be approaching courthouse in approximately 15 seconds.

What do you think?

About what? About putting me on the stand.

I'm not. How come?

I don't need you.

Are you sure? Mmm-hmm.

The only witnesses I need are Scotty's.

Move it back. Move it back.

What's that supposed to mean?

Stick around, you'll find out.

Tony, just a second! Tony, Tony!

"Then I went to the hospital and told him,

quote, I think you killed your wife,

in fact I know you did, unquote."

Thank you, Sergeant. Cross-examine.

I'm very sorry, Your Honor.

I'm ready for you now, Sergeant.

Sergeant, you testified that you don't believe

that Jack Harrison was hit from behind at the top of the stairs.

May I?

Rather was, injured by a blow from his wife as she fought for her life, hmm?

That's right.

Really?

What school did you study medicine at, Sergeant?

School of hard knocks, Counselor.

After 25 years on the Force, you learn to smell out the fakers.

Is that how you also decided that the robbery was faked?

By smell?

It stunk to high heaven.

Why?

Anybody rifling a desk doesn't pull out drawers and then stack them neatly on top.

That sense of smell again, huh?

No, that sense of experience again.

Sergeant, I'm gonna show you some photographs

taken by the Robbery Detail of your Sheriff's Department.

Thanks, dear.

Here's a bedroom, drawers are pulled out of the bureau.

Now how would you say they were stacked?

Neatly?

Well, that depends.

What does your nose tell you?

Objection.

I wish my brother would spare us his comedy efforts.

Your Honor, I wish the State could spare us a detective

who reaches conclusions by means of his nasal passages.

Objection sustained.

Ah, ladies and gentlemen,

these photographs are going to be passed around to you,

and I want you all to decide for yourselves

if our city cannot take great pride

in the neatness of its burglars.

Mr. Canon.

You want me to pass these out?

You bet.

Then let's move on, Sergeant, shall we?

From the neatly stacked drawers to a neatly folded jacket.

Uh, would you repeat the theory about that?

If I or you were asleep and we heard screams...

Let's not discuss me. You are on the stand, Sergeant.

All right.

If I were asleep and I heard screams,

I wouldn't take the time to remove my jacket,

fold it neatly and put it on the couch.

Oh, excuse me, Sergeant, your collar button is undone.

What?

Well, it's hot in here, Counselor.

Well, didn't you know that you'd unbuttoned it?

As I said, it is hot in here.

Then you don't know that Jack Harrison didn't wake up,

take off his jacket, fold it, place it neatly at the end of the couch

and then go back to sleep without even realizing it, hmm?

I can't hear ya.

I didn't say anything.

That's obvious.

Now before I forget, Sergeant,

aren't you the gentleman who remarked earlier

that since there was no sign of forced entry

that the murderer was already in the house?

That's what I said.

Well, you know it seems to me

that someone invented a new-fangled gadget to get into houses.

Oh? What's that?

A key.

How many suspects do you have in this case, Sergeant?

Just one. One.

Is that usual for a murder case?

In this kind. What kind is that?

Between a husband and wife.

We get 'em mostly on Saturday nights.

A little booze, a fight, somebody picks up a gun or a knife.

For that kind of a murder, where there's no mystery about what happened, well, we...

Well, we've got a name.

What do you call it?

Oh, come now, Sergeant, we're all over 21.

Chicken shit.

Is that why you failed to conduct a full-scale investigation of this case?

And is that a question, Counselor?

Never mind, Sergeant. Your testimony today has already answered it.

Sit down, Sergeant, I'm not finished with you yet.

Remove your shirt and jacket, please?

Do what! Objection.

Yes, I'd like to know the point of that, Counselor.

Well, it's very simple, Your Honor.

This witness rejected my client's statement

that his T-shirt was ripped off during a fight,

claiming it was impossible.

I intend to challenge him.

Is it really necessary?

Well, not if this witness will retract his statement.

Do you wish to do that?

I do not.

Objection overruled. Remove your shirt and jacket.

Atta boy, Sergeant.

Would... Would you just step down here, please?

I'll be glad to, Counselor.

I think if we moved down over here...

What the hell is that!

Is this the pillowcase you removed from Wilma Harrison's bed?

It is.

Now does the pattern of blood on it here suggest anything to you?

The imprint of a surgical instrument.

Must of been put down on the pillow right about there.

Thank you.

So you, uh, you see

the imprint of a surgical instrument there, do you?

Yes. That's what I testified.

Well, let's assume that Jack Harrison

wasn't a doctor but rather a fisherman or a mechanic.

Would you then see the imprint of a fishing rod or a pair of pliers?

Objection.

Argumentative, conjecture.

Sustained.

Would you give us the name of the instrument?

It's one that is used in bone surgery.

Doctor, I have some catalogues here of surgical instruments.

Now if you'll give us the name,

we'll look it up and see if it fits.

Cast spreader.

Cast spreader.

Now does a cast spreader fit the impression on the pillow?

No.

Then why did you say it was a cast spreader?

Because a lot of these instruments are very similar.

Have you tried to see if they fit?

Yes. And do they?

No, they don't.

But a lot of these surgeons have their own instruments specially made.

Well, have you checked to see whether Jack Harrison had any specially made?

We sure did.

And did he?

Not that we can find out.

Yet in your opinion the imprint on the pillow was made by a surgical instrument?

That's right. That is my opinion.

Well, I guess everybody's entitled to an opinion, Doctor.

While we're in the realm of opinions,

besides her being dead, what about Wilma Harrison?

What about her? Was she raped?

It didn't look like it to me.

It didn't?

Well, when you first saw her,

weren't her legs spread apart, half nude,

pajama tops pulled above her breasts?

That's correct.

And you don't think that might indicate rape?

Well, what you've just described

could be consistent with normal sexual intercourse.

I'd be very interested in your definition of "normal," Doctor.

He could've killed her, afterwards.

We're not interested in what could've happened, but what did happen.

Now when you found her, and you examined her,

did you find any evidence that would indicate rape?

I did not. No evidence?

Well, I didn't carry out that kind of examination.

Then we'll never know for sure that she was not raped.

No, not for sure.

Do you know anything for sure, Doctor?

Objection. Sustained.

Before this case, Doctor,

had you ever heard of the Harrisons and their hospital?

Everybody knows about them.

What do they know?

Well, that... That they're very successful.

What do you earn a year, Doctor?

12,500. Mmm-hmm.

What do you think the Harrisons' income is?

A helluva lot more.

You jealous of their success?

Jealousy's the wrong word.

Resent?

That is also the wrong word.

Give us the right one.

I have no envy, or anything else against the Harrisons.

And if people want to throw away their money on fancy medicine,

well, it's up to them.

You wanted to get the Harrisons, didn't you, hmm?

Objection. Argumentative.

Sustained.

Would you tell the court what time you arrived at the scene of the murder?

8:30 in the morning.

When was the autopsy done?

Later in the day.

When did you visit Jack in the hospital?

12:15.

When did you get the results of the blood test?

Five that afternoon.

And what time did you receive a copy of the police report?

Just after seven that night.

Yet at 10:00 that morning, after just an hour and a half at the scene of the murder,

you were reported to have said,

and I have signed affidavits from three witnesses,

quote, we know who did it, let's get him, unquote!

Now how the hell did you have the nerve to say a thing like that?

Objection!

Once more, Counselor, I'm going to have to hold you in contempt.

I'm through with him.

Alice Fiske? Yes.

Is that Miss or Mrs.? Mrs.

Mrs.

Well, Mrs. Fiske, are you acquainted with the defendant Jack Harrison?

Yes.

Could you tell the court how you know him?

When I used to live in Baker he was my doctor.

You were a patient of his? Yes.

How many times did you visit him in that capacity?

Twice.

What was your problem?

My problem?

What was wrong with you?

Oh, well, some female trouble.

Gynecological? Yes.

All right, Mrs. Fiske, suppose you tell us what happened at that first visit.

Well, the nurse showed me into a cubicle,

I took off my clothes, put on a robe and the doctor came in.

The doctor?

Jack.

Dr. Harrison.

Oh, Jack, yes, I'm sorry. Go ahead.

Well, the doctor came into the room, he examined me,

I got a prescription and left.

Did you remove the robe?

Well, now, he couldn't very well of examined me with it on.

Well, now, Mrs. Fiske, you're gonna have to excuse me.

I'm... I'm not exactly an expert in these matters.

But is it usual for a woman to disrobe completely

for a gynecological examination?

Well, this was more than that.

I'd been reading an article about cancer and I asked to be checked for lumps.

What was the nurse doing during this time?

She wasn't there.

Oh.

When did she leave?

Well, when the doctor came into the room

he noticed it was near bank-closing time

so, I don't know, he needed something or the other done

and he sent her to the bank.

I see.

So when you got undressed,

and throughout the course of the examination, there was no nurse present,

that right?

Yes.

Did Dr. Harrison during the course of the examination

make any personal remarks to you?

Not that I can remember.

How about when you took your robe off?

Did he make any comment at all?

Well, he did say that I appeared to be in perfect health.

But he made no personal remark of any kind?

None.

Did he ask you for a date?

Of course not.

But you did see him again, didn't you?

Yes, 10 days later, I had to go back to see if the medication had worked.

Did he ask you for a date then?

A drink.

What's that?

I said he asked me if I'd like to have a drink with him.

And of course you did?

Yes.

Where did you have this drink?

Well, there... There's a place a few miles outside of Baker.

Isn't that a motel?

Yes, but it's also a restaurant and bar.

Oh, yes. That's the bar where you worked as a hostess, isn't it?

Yes.

And wasn't it there, in one of the motel rooms,

that you were first intimate with Dr. Harrison?

Yes.

I won't ask if a nurse was present.

Objection!

Sustained.

All right, Mrs. Fiske,

would you tell us when was the first time

that Jack Harrison told you he wanted to divorce his wife and marry you?

I guess it was about the third time we were together.

Did he mention it on more than one occasion?

Yes.

About how many times would you say?

Objection. I don't see how this is relevant.

Your Honor, since the State contends that Jack Harrison murdered his wife

in order to marry Alice Fiske,

I'm... I'm trying to establish the fact

that his attitude was not just momentary or frivolous,

it was the subject of serious, frequent conversation.

Overruled.

Well, Mrs. Fiske,

how many times would you say?

At least a dozen.

Well, you've already attested to the fact

that you used that $2,000 that Jack Harrison gave you

to hire a lawyer to get a divorce, is that right?

Yes. Did you get a divorce?

Yes. When was it final?

I don't remember.

Why, Mrs. Fiske!

Wasn't it six days before Wilma Harrison was murdered?

If you say so.

Well, the records say so.

Thank you.

Cross-examine.

Uh, Mrs. Fiske, have you ever been known as "Easy Alice"?

I would hope not.

Well, wasn't Jack Harrison treating you for a venereal disease?

Trich isn't a venereal disease.

Well, you get it the same way, don't you?

Objection.

Mrs. Fiske is not a qualified medical expert,

that's an improper question.

Very well then, I'll withdraw it.

Now, Mrs. Fiske, besides your husband and Jack Harrison,

have you ever had sexual relations with any other men?

Objection.

Is that a pertinent question, Counselor?

Well, I do have something in mind if the court will allow me to continue.

Overruled. Get on with it.

Oh, will you answer the question, Mrs. Fiske?

I've been around.

I'm sorry.

I said I've been around!

Well, without getting into specifics,

would you say you've known a great number of men?

Depends on what you mean by "great."

Objection.

Frankly I can't see the relevance of this kind of questioning.

Well, I'm trying to bring out, Your Honor,

that in the area of male-female relations,

Mrs. Fiske is a qualified expert.

If I concede that, will you get onto another road?

Yes, Your Honor.

Very well, the jury will regard this testimony expert.

Now you just testified that on at least a dozen occasions

Jack Harrison spoke to you about divorcing his wife and marrying you.

Yes.

Now, other than the first time, which you just told us about,

can you remember any of the circumstances of the other times?

What do you mean?

Well,

were you walking in the park? Were you sitting at the soda fountain?

I don't remember.

Well, now, surely you'd remember at least one other occasion

when this conversation occurred.

Were you in the motel room perhaps?

Perhaps.

Would you tell the court what you were doing at the time?

Were you in bed together?

We might've been.

Well, were you? Or weren't you?

We were.

Mmm-hmm.

And isn't it true, Mrs. Fiske,

that every time Jack Harrison spoke to you

about divorcing his wife and marrying you,

you were in bed,

engaged in the coital act?

I guess so.

Now, Alice, in your expert opinion,

would you say that men invariably say things in bed

in the heat of passion,

that have no reality at all once that passion has subsided?

They'll say anything.

Anything.

So you really never believed that Jack Harrison would marry you, did you?

Oh, I wanted to.

Mrs. Fiske, why'd you quit your job and then move into the city?

Jack said...

He said, "It's all over",

"I don't want to see you anymore."

I just wanted to get away.

Now when he gave you the $2,000,

did he know it was for a divorce?

No, he thought it was for the health studio.

Well, if it was all over,

why did you even bother getting a divorce, Alice?

I wanted to be free, just in case he changed his mind.

Uh, did he?

I couldn't even get him on the telephone.

When was the last time that you had seen Jack Harrison before the inquest?

Six months before.

Thank you, Mrs. Fiske.

And thank you for your witness, Mr. Scott.

Mmm.

No further questions, Your Honor.

You may step down. Call your next witness, Mr. Scott.

Your Honor, that's the case for the State.

Very well.

I take it that the Defense will be ready first thing in the morning

to present its case, Mr. Petroselli?

Your Honor,

that's chelli, Petro-celli.

So, ladies and gentlemen of the jury,

the Defense has called no witnesses

because Mr. Scott's witnesses have presented our case,

which is that the State has no case at all.

Okay, type that up.

Jimmy, I'll call you back.

Well?

Well, everything's all set for the victory dinner.

We got the upstairs room at Jimmy's Bar and we got the grub.

Now, the only problem is, if for any reason you should want to cancel.

Jimmy don't wanna get stuck tryin' to push all that champagne

onto his regular muscatel-for-lunch bunch.

So, uh, what do you want to do?

Uh-huh. Uh-huh.

Order it.

Let's check something out here.

He's right here, I'll tell him.

You're welcome.

That was Striker.

What's he worried about, the five bucks I owe him?

No. About your client. What's up?

Jack's been making a fuss about seeing you.

Okay, I'll speak to him first thing in the morning.

Jack told Striker to tell you that if you're not there within 10 minutes,

he's going to be looking for a new lawyer.

Son of a bitch!

You owe me a T-shirt.

There's still a hundred shopping days till Christmas.

How's a guy supposed to get inside?

He's not.

I got business in there.

What do you want me to do? I didn't tell Chambers to set up here.

Well, I figured with a few of your boys, y'know, we could push through.

You push them and they're gonna start pushin' you back.

You know, it's my responsibility

to protect the public safety around here.

And I'm one of the public.

That's right, Counselor.

Okay, Mother.

I'm sorry to interrupt the show here, folks.

It's Tony. Cut it, Harry, cut it! We'll pick it up later.

Tony!

Thanks for messin' up my show, Petroselli.

Take a walk.

Yeah, Petrocelli, whatever the hell your name is.

We have lost the video portion of our telecast...

All right, Striker, give me his hand and I'll hold it.

Well, hooray for Mama.

What are the odds tonight?

After today I'm giving two to one for acquittal.

After that slight commotion we now continue with our trial round-up

outside the historic jailhouse,

where wife-slayer Jack Harrison awaits his fate.

After Petroselli's cross-exami...

Celli. Petrocelli.

Yes.

After his cross-examination of Mrs. Fiske,

do you think the State's motive will still stand up?

Why shouldn't it?

Well, if they hadn't seen each other for the last six months...

Well, now, if you're planning a murder like this,

it'd only be clever to create the impression

that the other woman is out of the picture.

I don't suppose the jury saw that.

Ladies and gentlemen,

Bob Chambers and his Introspection of the News will continue in just a moment.

Don't you worry about the jury, let the State do that.

Oh, sure.

Look, Jack, you're not on trial for perjury or adultery or having over-loyal friends.

You're on trial for murder and the State's got to prove it.

Now the reason Scott's shooting off his mouth

is because he knows he can't prove it.

When he gets up to make his closing statement

his pants are going to be down,

in spite of everything that's happened,

that jury's going to have to recognize a bare ass when they see one.

Now what's so urgent?

I've been giving it a lot of thought.

What? Going on the stand.

I thought I made it clear to you

that the judge will instruct the jury

that defendant's failure to testify on his own behalf

will not be held against him.

Yeah. Well, I don't care what the judge tells them.

Now look, you may be right, you may have this case beat but how do I beat it?

How do I get a patient to ever set foot inside of my office again?

And for Christ sake, they think I spent my whole life in bed!

Oh, I see, and I...

You want me to put you on the stand and make out you're some kind of a Boy Scout!

I don't care how you do it!

Look, Jack, I know how to do that,

but when I get finished with you, Scotty gets his turn.

Well, he doesn't frighten me.

Oh, doesn't he? No.

Well, let me tell you something, Jack.

He may wear suits that are so old they're back in style now

but he scares the hell outta me.

He's a drowning man and they hold on tight.

I'll take my chances.

And if I tell you to go screw yourself?

You got my message. I'll get a new boy.

Okay, Jack.

I'll go ahead with the Boy Scout routine.

Now let me get outta here, will you?

Well, numerous studies have been made of

the frequency of intercourse among married couples.

In your age range, the average is three times a week.

Now what would you say your average was?

Once or twice a month.

As a doctor, do you have an explanation?

Yes.

Wilma had a mental block,

it was the result of a bad experience that she'd had as a child.

Did you discuss it with her?

Yes, many times, but it didn't help.

What was her attitude when she became pregnant?

Well, it seemed to change.

Was she less frigid?

Yes. She seemed to find justification for the sexual act.

Is that when Mrs. Fiske moved away?

That's right. I told her I couldn't see her any more.

Now your relationship with Mrs. Fiske,

would you say it was purely physical?

I suppose so.

And once things started to improve at home, you had no more need?

That's correct.

Why did you stay with Wilma all those years, Jack?

Because we were happy and I loved her.

You were happy?

Yes. You see, there's more to the relationship between a man and a woman

than the physical.

I felt that given time and patience Wilma would overcome her problem.

So you were going to be a father,

your relationship with your wife was becoming increasingly normal,

you loved her, you were a happy man.

Yes.

Did you kill Wilma, Jack?

No, I did not.

Cross-examine.

Now, Dr. Harrison,

will you forgive me for just a minute?

Well...

Now, sir,

did you take an oath at the inquest to tell the truth?

Yes.

But you didn't tell the truth, did you?

No, I didn't. No...

Did you take an oath in this courtroom?

Yes.

Does your oath mean anything to you, Doctor?

Objection.

Sustained.

So you testified that you and Wilma,

despite your physical difficulties, were quite happy.

Yes, that's true.

Well, I'd like you to tell the court now whether you and your wife ever had a fight.

A fight? Yeah.

Oh, look, let's not quibble about words.

A quarrel, domestic dispute, did you ever argue over anything?

Yes, of course we did. What?

Well, you know, the usual silly things.

Like, I would, uh, tell her I hated avocado,

and the first thing she'd put in the salad was avocado.

Avocado in the salad.

Well, did you, uh,

ever fight over women? How about them?

I suppose so.

You suppose so.

Well, you know, we'd go to a party and she might think

that I spent too much time talking to someone, something like that.

Uh-huh. And did you?

Did I what?

Did you have sexual relations with other women besides Mrs. Fiske?

Yes.

Did your wife know?

I don't think so.

Well, now, Dr. Harrison, isn't it a fact

that one night your wife picked up a knife and threatened

to go after a certain female and amputate a part of her anatomy?

Why, you seem to know more about that than I do.

Objection. Hearsay.

No, there's no hearsay about it,

I've got sworn statements from two witnesses who were there.

Very well then, I will withdraw the objection.

Now, Dr. Harrison,

do you remember it now?

Yes.

Did you and Wilma have a fight when you got home that night?

Not a fight, I just told her to stop behaving like a child.

What happened then?

I don't know, I... I can't remember.

Oh, golly, Dr. Harrison, I'm gonna have to refresh your memory again.

You see, I've got a witness

who saw your wife running out of the house, holding a bread knife,

running out to her car and shouting, "I'm gonna cut them off!"

Don't you remember that?

Yes.

And do you remember what you did?

Yes, I ran after her and I grabbed her and I slapped her.

Well, she was raving on like a lunatic and she was drunk.

Oh, you hit her?

I slapped her.

Did you ever hit her on any other occasion?

Oh, I slapped her a few times, doesn't everyone?

Well, not everyone.

Did this kind of incident happen on more than one occasion?

Yes, I suppose so.

Well, now golly, Doctor,

you see, if you loved her so much,

why did you do the things that you knew would irritate her?

I certainly didn't do it intentionally.

Wasn't it because down deep

you really hated your wife?

Now that's a lie.

How did you feel the day Mrs. Fiske's divorce became final?

I didn't feel anything because I didn't know.

Well, isn't it true that she called you that day?

Well, she called the hospital but I didn't talk to her.

Yeah, but your brother did? Yes.

And she told your brother she was free.

Didn't your brother tell you what she said?

He might have told me in passing, I don't know.

And if he did, it just went in one ear and right out the other.

Oh, did it? Yeah.

Or did it make staying with Wilma all the more unbearable?

Objection.

Sustained.

Dr. Harrison, you attended a party with your wife

at the Petersons on the night of the murder.

Yes.

Later you invited the Greers and McCauleys back to your house for a little nightcap.

Well, we've got their statements.

When they left an hour later, you were fast asleep on the couch.

Yeah. Do you, uh...

Do you always fall asleep when you invite people back to your home?

It was a very hard day. I was... I was very tired.

Yeah, well, why did you invite the Greers and the McCauleys back?

I really don't know. Habit I guess.

Isn't it true that you invited them back

so that they could testify later that they left you sleeping?

So that you could maintain that you slept all the while until you heard Wilma scream?

Didn't you invite the Greers and the McCauleys back for an alibi?

That's not so.

You were desperate, weren't you, Jack?

To avoid suspicion,

you hadn't been able to see Mrs. Fiske for six months.

But now the divorce was final,

and you couldn't wait any longer.

So after your guests left...

Then you effectively got rid of the murder weapon.

Isn't that the way it happened, Jack?

That's a God damned lie.

Re-examine?

Mr. Scott cannot say what he just did.

Well, make an objection and I'll tell the jury to disregard it.

And pretend they didn't hear it?

Now how do you suggest they un-hear it?

Now are you going to declare a mistrial

or let an Appeal Court make an idiot out of you?

Is this a threat?

Hold me in contempt.

And give you a mistrial?

Now if you have an objection, make it.

Objection.

Sustained.

The jury will disregard Mr. Scott's last remarks.

No further questions.

Re-examine.

Jack, if a doctor wanted to kill his wife and get away with it,

how do you think he would do it?

There are a number of drugs which could cause a heart attack

and still be scientifically undetectable.

Thank you.

You may step down. Call your next witness, Counselor.

The Defense rests, Your Honor.

All right, shortly we'll take a break,

and we'll hear your closing arguments.

Let's hope we can get this to the jury by tonight.

Ladies and gentlemen of the jury...

Charlie's fixed it with Wyler, we've got him on ice,

and that's the petition for access.

Good. I'll file this as soon as the verdict's in.

Now what about the students?

It's all set. They'll be in the office in the morning.

Okay. When today's pages are finished,

I want a complete manuscript and I want you to Xerox one copy.

The verdict's not in yet and you're going to start working on an appeal?

Going to? I started when you decided to take the stand.

Are you ready? You bet.

You've reached a verdict?

You bet, Your Honor.

Bailiff.

"We, the jury, find the defendant, Jack Harrison,"

"not guilty of Murder in the First Degree."

Excuse me.

But we find the defendant, Jack Harrison, guilty of Murder in the Second Degree.

Jack Harrison, will you come up here please?

Is there anything you wish to say before I pass sentence?

I'm not guilty.

Unfortunately the jury doesn't agree with you.

It is now the judgment of this court that you be taken to the state penitentiary,

there to remain for the rest of your life.

Get him out of here.

Now, if there's no further business...

Your Honor.

I, uh, I have here a petition for access.

Mr. Scott, have you any objection to turning over the Harrison house?

The Harrison house, Your Honor?

No, no, I, uh... I do believe it's served its purpose.

Then you have no objection?

No, sir, none at all.

Very well, petition is granted.

Court is now adjourned.

Congratulations, Scotty.

You did pretty damn good yourself.

No.

If you walked away from that appeal, you could do even better.

Mmm-mmm.

Well, you might do even worse.

Hmm?

Because you'll be stepping on a few toes.

You mean F.J. and Moran's?

Bigger toes, who are a little worried about our State's image.

Or is that what you're worried about?

Your image?

Okay, now who's working on 31?

Which one is that?

Thirty-one. Here it is, 31.

"Violation of client's rights to counsel on night of arrest."

That's me. That's you, okay.

Then we're gonna need a Xerox of Striker's logbook. Now who's got that?

Well, I think I saw it around here somewhere.

You saw it? Then, find it and give it to Harvey.

Give it to Harvey. Oh, Harvey. No, Harvey.

Nancy, get the transcript, will you please,

on the court hearing denying us access to the house?

That's appeal point 38.

Okay, love? Fine. Michael, where are you?

Harvey, I think I found it.

Dating and sexual intercourse.

Sexual... Please, next.

Michael, on the inquest, just use where I object to F.J., okay?

Okay.

You know something? I'm gonna use all of it.

I want to make those appeal judges understand what that jury was exposed to.

Harvey! Harvey, how we doin'?

Nancy, we found it, I got it.

Good.

That was Charlie on the phone. Wyler's in the house.

Also, there's a message from Striker

that J.C. Hornby has been arrested again for directing traffic.

Okay, let him sleep it off in the drunk tank for another day, that's all right.

Okay. Tony.

Yeah?

What I don't understand is how you gonna prove that any of this is prejudicial?

Good question.

Hey, stay with it, gang, and remember, this work doesn't pay anything

but that's what makes it so valuable.

How is the appeal going?

Oh, my brief'll run about a thousand pages.

Sounds impressive.

I'll tell you what.

I'll trade 'em all to you for one scrap of new evidence.

Okay, you're on.

How long's it gonna take?

Who knows?

I can tell you one thing right now though, the robbery was faked.

You're not so smart, even Moran knew that.

The question is who faked it?

Don't tell me I've caught you without an idea?

Oh, I've always had a few I've been kicking around.

But not into court.

Not without you.

Okay. I've got the ball, let's see how far I can kick it.

So you reckon that robbery was faked all the time, huh?

That's right, that's what I reckon.

Well, if that's the case,

who besides Jack'd have a reason for doin' it?

Wilma?

Would you believe a friend of hers,

who might've become an ex-friend and didn't like it?

Friend?

Do you remember what Jack said about her on the witness stand?

Charlie, you're a man of vast experience, ever met a frigid woman?

I might've.

But I sure as hell never left her that way.

So if Jack couldn't ring her bell, maybe somebody else could.

Who? Find out.

That's Mike Peterson. Married, two kids.

Owns the joint. Does pretty good.

Believes in personally road-testin' every car with the customer present.

Nothin' but satisfied customers.

That's, uh, Andy Greer, wife Ann.

Throw a hell of a brunch on Sunday.

Andy loves to instruct the ladies in wild bronc-ridin',

but due to the close proximity of his wife

that's about the only kinda ridin' he instructs in.

Later on in the evenin' he'll liven things up a little bit

with a little hoochy-koochy dance.

They tell me he goes all the way

but I wasn't there to witness it personally, thank God.

That's Myron McCauley's bank.

He's married, one child.

Believes in hard work, long hours,

checkin' figures.

Take your pick.

Well, Charlie, it doesn't sound very encouraging.

Oh, but wait till I show you what I got on Wilma.

Going to the parole board again, Eddie. Let's forget it, huh?

You were right about one thing.

They don't itch any more.

How we doing?

Well, the appeal goes in tomorrow.

That's not what I asked you.

That bad, huh?

Maybe, uh, you could make it better.

Me?

They say, Jack, that the husband...

The husband's the last to know.

But I think he knows, but he just doesn't want to face it.

Well, did you ever come home and find someone having a drink with your wife,

maybe a friend who just happened to pass by

or did she ever get home late with an excuse you didn't quite believe?

Maybe one time she dressed a little more carefully,

wore the more expensive perfume instead of the cheap?

Look, Jack, I know it's tough to think

of your wife lying flat on her back in the middle of the afternoon.

Sorry, can't help you.

Not me, yourself.

I don't need any help.

You see I'm resigned to the fact that we've lost and I'm stuck here.

But you're not, are you?

You were counting on winning this case.

Really?

I read a newspaper interview with Scott,

and he was talking about how, by winning the right kind of a case,

a young lawyer could build a career for himself.

Well, Scotty's entitled to his opinion and so are you.

Now if you'll excuse me, I have an appeal to file.

I won't hold my breath.

Don't.

Wait a minute, here's a 1961 decision.

Irvin v. Dowd, 366, U.S. 717, 81,1639.

"Even though each juror indicated that he could render an impartial verdict

"despite exposure to prejudicial newspaper articles,

"we set aside the conviction,

"holding that with his life at stake,

"it is not requiring too much that petitioner be tried

"in an atmosphere undisturbed by so huge a wave of public passion."

Yeah, we can use that one too, it's good.

Tony, Paul's here. He'd like to talk to you.

Okay. Excuse me, will you, kids?

And remember, this work doesn't pay anything

but that's what makes it so valuable.

How's our boy? You did get up there and see him, didn't you?

Yeah.

How about a cold drink?

No thanks.

Actually I got to get back to the hospital.

Jack asked me to drop by and have a word with you.

What's up, Doc?

Well,

word came through to Jack that

if he allows you to go ahead with the appeal

he can forget about ever gettin' a parole.

Under the circumstances,

he wants you to know

that he appreciates everything you're tryin' to do for him, but

he just wants you to drop it.

Well, I better go.

Will you wait a minute?

Now you haven't got a chance on this appeal and you know it.

So why make him stick his neck out for nothing?

My wife, the Supreme Court justice.

Okay, okay.

For the purposes of discussion only,

let's assume that you win the appeal and you get a new trial.

Now what makes you think it'll be any different from the last one?

Have you got any new evidence?

I know Wyler's still working.

When you go out to see Jack, are you going to sign a guarantee

about what another jury will do?

Well, I don't have to ask what's bugging you

because that's what I get for being too tired three nights in a row.

Well, isn't it clear to you why he's decided not to mess up his chances for parole?

Hmm?

Couldn't it be that he's finally realized that he hasn't fooled anybody,

and that a parole in six or seven years

is not a bad deal for killing your wife?

You know, right now I could go for that deal myself?

Oh, Tony, I know it, Charlie knows it, everybody knows it but you.

Knows what?

That he did it.

Really?

Maybe Scotty's right about what you want out of this case.

You think so?

Come here.

I don't know what to think any more.

All I know is, is that night when you got stopped for speeding

and we had to put our hands up on that cab,

I've never been so scared in my whole life.

And after the verdict when...

When Scotty was trying to warn you about what would happen if you stayed with the case,

I felt the same way again.

I guess I feel that way now.

Maybe... Maybe I'm just scared for you.

Oh, Tony,

what is it?

A principle?

Principal, baby, is what you always owe on your mortgage.

Then what is it?

Stubbornness.

Give me one good reason.

You're a doctor. Did you ever do an autopsy?

Of course.

Well, that's what I'm trying to do.

On who? You.

Well, we wait until the patient's dead.

Well, I did. No matter how you slice it, you're dead.

Look, Jack, all I want to do is just try to open you up

and let everybody see what killed you.

In medicine, what you learn from an autopsy

ends up saving human lives, doesn't it?

That's right.

Well, that's the same thing in my racket with only one problem,

finding that body.

That's all I've ever been to you, isn't it?

No, not quite. You've also always been innocent.

Really? That's right.

Section 2331 of the State Penal Code,

you're innocent until proven guilty "beyond a reasonable doubt."

And as far as I'm concerned, the State has not yet met that legal requirement.

So...

How long will the Supreme Court take?

Forever.

I have Striker on the phone.

Drunk tank? Mmm-hmm.

J.C. Hornby?

Mmm-hmm.

Let him wait.

I think I'll go over to the office.

What for?

I guess I'm an animal of habit.

You're just an animal, baby.

Scotty!

Tony! Well, haven't seen you around.

Well, that's funny, I haven't been around.

Well, through no fault of mine.

Sure, I know, Scotty. Bigger toes.

"The defendant, wearing a pair of white gloves,"

"did willfully and unlawfully direct traffic"

"causing congestion to the point of total standstill."

How does he plead?

- Not guilty. - Naturally.

Just because Mr. Hornby has 28 previous convictions,

we wouldn't want to be wrong the 29th.

Well put, Your Honor.

"The United States Supreme Court

"held that failure of State Trial Judge"

"to protect defendant from inherently prejudicial publicity,"

"deprived him a fair trial"

"consistent with the due process clause of the 14th Amendment."

You know, there's a recurring nightmare

in every judge's life, that he's going to be reversed.

I just want you gentlemen to know

I've no intentions of that happening to me.

And the following rules will be in effect throughout this trial.

Of course the Supreme Court didn't say your client was innocent.

Mmm-hmm. Thanks, Scotty.

They just ordered a new trial,

a fair one,

which he'll get.

With, uh, the same results I think.

Really?

I've examined your new witnesses.

Hmm.

And Wyler's new evidence.

And?

I didn't cry.

He just might.

Late yesterday afternoon the State rested its case.

It was the 10th day of this trial.

So far it's been pretty well, a word-for-word repetition of the first one.

We heard testimony from Sergeant Moran and Dr. F.J. Williamson, and they...

There's Mr. Scott arriving now.

I would like to get in closer and have an interview with him.

But as you know, we're under strict orders, from the court.

All of this is Wilma's,

coming from the wound as the weapon inflicted the blows.

It flew up and hit the wall. We refer to it as "spatter" or "flying blood."

This spot however is not Wilma's.

It's different in character from the rest,

it's what we call "contact blood,"

meaning it came from the arm or the hand of the murderer

as he wielded the weapon.

Now, when F.J. analyzed the blood on the wall, he only did random samplings.

He missed this spot.

We did a scraping of it and it is definitely not Jack Harrison's.

It's the blood of a third person, in my opinion, the murderer.

Can you tell us anything about the murder weapon?

Because the second layer of the skull, the dura mater, was not penetrated,

I at first assumed that a lightweight object,

such as a woman's shoe, might have been the murder weapon.

We tested everything we could think of

but we couldn't get anything to fit.

And then finally we did find something,

an ordinary metal flashlight.

The problem was, however, that if a man the size of Jack Harrison,

with his physical strength, had wielded such a weapon,

the dura mater would certainly have been penetrated.

There'd have been skull fragments and brain matter on the walls,

which there weren't.

What else can you tell us about the murderer?

Because of the position of the blood on the wall,

and the angle of Wilma's head wounds,

we determined that the murderer was using his left hand

to wield the weapon.

Could Jack Harrison be that murderer, Professor?

Well, to repeat what I'd hoped I'd made clear,

the blood of a third person on the wall,

the failure to penetrate the dura mater,

the weapon wielded by the left hand

when we know that Jack Harrison is right-handed,

all these factors would, in my opinion,

weigh against the likelihood of Dr. Harrison being the murderer.

Thank you, Professor.

Professor, is there one standard method for analyzing blood?

No, there are several.

Is yours the best?

There's no such thing as "the best."

Every man uses the method he believes in.

Well, you mean, why I might bring another expert in here

and he might analyze the same blood,

and come up with totally different findings. Is that possible?

Entirely.

Hmm.

Thank you for your frankness, Professor.

Now, I want to pose a hypothetical question to you.

If a right-handed man, using his left hand,

because his right hand was being used to restrain someone...

Objection.

Mr. Scott did preface his remarks with the word "hypothetical."

Overruled.

Supposing a right-handed man

was wielding a weapon in his left hand,

wouldn't you say, Professor, that the blows delivered by that left hand

would be weaker in intensity than usual?

Thus accounting for the failure to penetrate the dura mater?

I suppose that's possible but...

Thank you, Professor.

Re-examine. Not at the moment.

Call your next witness.

Would you state your name please?

Andre. Andre what?

Mr. Andre.

Ah, very well, Mr. Andre. And what do you do?

I'm a hairdresser.

Well, tell me now, are hairdressers anything like barbers?

What do you mean?

Do they like to talk?

Well, Wilma did most of the talking.

She ever tell you any personal things?

Depends on what you mean by "personal."

How about having an affair? Would you call that personal?

Mr. Petroselli, I refuse to divulge to you

what my customers tell me in secrecy!

With due respects to the ethics of your profession, Mr. Andre,

I'm afraid I'm gonna have to remind you that you're under oath.

She did. Did what?

Tell me she was having an affair.

Thank you. Cross-examine.

Your witness.

Mr. Andre, did Wilma Harrison ever express any fear?

About what?

About being found out?

Once she said something about

if her husband found out he'd kill her.

Thank you. That'll be all.

Objection.

Your Honor, Mr. Petrocelli wanted us to accept his witness' testimony

regarding Wilma's affair, and yet,

when we learn from the same witness

that Wilma was worried for her life,

he objects.

I don't know what my brother had in mind in the first place,

but it now seems apparent to the State

that Jack Harrison killed his wife because he found out that she was unfaithful.

That last remark, Mr. Scott, is out of order.

I want it stricken from the record.

The jury will disregard it.

And if you go out of order like that again,

I'm going to hold you in contempt of court and declare a mistrial.

Is that clear?

Now you've just given the State the best motive they've ever had.

You know that, don't you?

Well, it crossed my mind.

That's the easiest thing in the world to convince a jury of,

if a guy is supposed to be a swinger,

God help his wife if he finds her swingin' around!

It figures.

Then what're you doing out there?

Why did you hand Scott that phony motive on a plate?

I'm just trying to be neighborly.

Hey, wait a minute!

I've got a right to know where you're going.

Uh-uh.

I don't like the way you're handling this.

Is that why you ordered me out here?

Yes, that's right.

Then you do what you threatened to do

the last time you told me how to run things.

What was that? Get yourself another lawyer.

Wait a minute.

Where did you dig, uh, her up anyway?

When Paul sold the house, going through some of Wilma's old purses,

he came up with a receipt from the beauty shop.

Well, I don't buy one word of his testimony.

Well, that's a normal reaction.

And isn't it also normal that if a woman feels neglected,

if, uh, her sex life is a failure,

that she just might do a little boasting to her hairdresser?

So I guess it's true after all, hmm?

What's that?

The husband is the last to know.

Now, I understand that

you and your wife were quite friendly with the Harrisons.

Is that correct, Mr. Greer?

Yes, we used to see a lot of each other.

You might say we were part of the same crowd.

By the way, how's the Rolls?

Just fine, thank you. You still pushin' campers?

Yeah, still a struggling attorney.

Even took a summer vacation together, didn't you?

That's right.

Lakeshore Inn, wasn't it?

Yes.

You know, my investigator tells me it's a beautiful spot.

Now, I notice here that there was...

There was some kind of an incident.

Incident?

Yes, something about you and Wilma ending up on a sailboat together.

That's right.

Were you out for a rather lengthy time, Mr. Greer?

What do you call lengthy?

Oh, I don't know, three, four hours. Why, how long were you out?

Eighteen. Eighteen.

Well, you see the wind had gone down, and we were becalmed.

We didn't have a paddle on board so we tried to paddle with our hands,

but we were too far out.

Must've been pretty boring, wasn't it, sitting out there all that time?

Well, luckily someone had left a couple of paperbacks on board

so we read and we talked a little bit.

And paddled?

Yes, every once in a while.

Well, I notice that you got back to port in the morning with the use of an outboard.

Now, I didn't even realize there was one on board.

Oh, sure. But I couldn't get it started till in the morning.

I don't know why, I'm just not very mechanically-minded.

Yeah. I see here that photography's more your line, huh?

Yes, it's my hobby.

Ever hear of the Acme Photo Processing Company?

Acme Photo? No, not that I can remember.

That's funny, they seem to remember you.

They have a record

of sending back to you a roll of negatives they refused to print.

Now why do you suppose that happened?

I don't know. I couldn't figure that out at the time.

Isn't it true though they sent you a letter

saying it was against the law to print negatives such as yours, Mr. Greer?

No, they were just ordinary art studies.

What do you mean by "ordinary"?

Well, you know, she wasn't all dressed up.

What was she wearing? Nothing.

Oh, so when you told us that you, uh, talked a little, and you read a few books,

and you paddled with your hands,

you did leave something out, didn't you, Mr. Greer?

Well, I forgot.

You see we'd all had lunch together.

We'd had quite a bit of wine to drink,

and Jack was tired and he went back to the hotel,

and Ann, that's my wife, she went riding, so it left Wilma and me.

So just to kill some time we rented a sailboat,

and frankly for the first few hours we were pretty stoned.

Is that when you took your art studies?

No, I didn't do that until we were becalmed.

Ah! Just to kill some time.

Mmm, I see. Between the books and the paddling.

That's right.

Now when you... When you finished your art studies...

Well, while Wilma was dressing,

I tried the motor but it wouldn't turn over,

so, she took one of the books and I took the other,

and when we finished reading, why, we traded.

I see.

I, uh...

I have here a photograph of the sailboat that you rented from the marina.

It was taken by a passing powerboat earlier that evening.

Do you, uh... You recognize this?

I don't know. If you say it's the boat, I guess it is.

Do you see what's flying from the top of the mast there?

Some kind of a flag?

Well, doesn't that look like a woman's bathing suit to you?

I guess so.

Wasn't that Wilma's?

Well, I told you we were pretty drunk.

Uh-huh. You also told this court

that after you took the photographs of her that she got dressed.

Well, maybe she didn't get dressed right away

because I'd run the bathing suit up the mast to get it dry.

Now this passing powerboat, why didn't you signal your distress to it?

I don't remember seeing it.

You were otherwise occupied, huh?

I was. What were you doing?

I was reading a book.

Let me just see if I can... If I can get all these facts straight in my mind, okay?

Now, your sailboat is becalmed,

to pass the time away you decide to take some art studies of Wilma, hmm?

Okay, so she obliges, and she removes her bathing suit,

which you then hoist up the mast to dry, hmm?

Now your film is exhausted,

she's standing there stark-naked, and you sit down and read a book?

Is that what you're trying to tell us?

That's right. Then who are we to doubt you.

Your witness.

No questions. You're doin' fine.

Call your next witness.

The Defense calls Mrs. Ann Greer.

So, what was your reaction

when Andy and Wilma sailed into the harbor the next morning?

I was terribly relieved, I thought maybe the boat had overturned.

Is that all you thought after your husband had been out all night with another woman?

There was a perfectly logical explanation.

Well, if that's the case, Mrs. Greer,

why did you and Andy leave the same day

cutting short your vacation by five days?

Well, it had nothing to do with that.

I'd been hoping to ride the trails around the lake

but the condition of the horses was shocking.

Mmm-hmm. Then you didn't say to Wilma,

"You dirty little slut, you, how dare you embarrass me that way"?

No, I did not.

You were overheard by at least two people.

I have their statements right here.

Well, I don't remember saying it.

If I did, I must have been referring to something else.

To what? Probably to the way she dressed.

How did she dress?

Many times she didn't wear a brassiere.

Really?

Now after the incident, did you see much of the Harrisons?

Well, maybe not as often as before.

Why is that?

After a time you get bored with people.

But on the night of the murder, Mrs. Greer,

you did find yourselves with the Harrisons, didn't you?

Yes, at the same party.

Wilma suggested we sit together.

Wilma suggested it?

Well, somebody did, it wasn't me.

Was it Andy? Your husband?

I don't remember.

Well, when you got back to Jack's house,

Wilma drove with Andy, didn't she?

Yes. Did that make you angry?

Why should it?

What was Andy wearing?

He had his pants off.

You didn't mind that?

He was always doing a strip tease whenever he got drunk,

and I was used to it by then.

If you weren't angry, then why did you throw the keys at Wilma

and tell her she could go home with your husband?

I wasn't angry at Wilma,

I was just annoyed at Andy for making such a fool of himself.

Mrs. Greer, didn't you suspect your husband of having an affair with Wilma?

No, I certainly did not.

Then I stand corrected. Thank you.

And finally, ladies and gentlemen of the jury,

when you step into that jury room to deliberate,

I just want you to think about Jack Harrison's story.

Have you ever heard anything so implausible in your life?

What about this white form or shape he was supposed to have encountered?

No.

No, ladies and gentlemen, the fact is

that if you consider every bit of evidence that's been presented here for you,

you must conclude that the only logical, reasonable explanation

for what happened that night

was the one that the Defense unwittingly brought out itself.

That Jack Harrison, having discovered

his wife having an affair with a friend, did willfully, knowingly

and with pre-meditation, kill her.

Thank you.

Your Honor, venerable brother...

Mmm.

Ladies and gentlemen of the jury.

I'm very happy to see that Mr. Scott finally looked at his watch

because after his rather lengthy and weighty summation,

I thought that something in a lighter vein might be more appropriate at this time.

So, I'd like you just to make yourselves comfortable, sit back, relax,

while I tell you a little story.

Once upon a time...

Oh, let me have that.

Listen here, I'm gonna keep you to your word, buddy boy.

We beat 'em.

What happened to you, huh?

You ran a stop sign back there, Andy.

Yeah, he sure did.

Who's gonna arrest me, huh? What do ya say, huh?

Put your pants on, Andy.

Put my pants on. It's a party!

Party, party, party! Party! Party!

Haven't you had enough?

Just begun to start.

For Christ's sake, put your pants on!

Oh, Ann, he's just having fun!

Well, if you think he's so funny, you go home with him!

I was only havin' fun.

Well, let's get going, I'm teeing off at 7:30.

He has more sense than all of us.

MRS. McCAULEY: Good night, Wilma, I'll talk to you tomorrow.

McCAULEY: Can we give you a ride, Andy?

I can drive okay.

Take care.

Oh, mmm.

Oh!

You dirty slut, I'm gonna clean you out.

You filthy whore!

Whore, whore, whore!

Whore, whore, whore, whore!

Whore, whore, whore, whore!

Whore, whore, whore, whore!

Whore, whore, whore, whore!

Whore, whore, whore, whore!

Whore, whore, whore, whore!

Whore, whore!

Whore, whore, whore, whore!

Whore, whore, whore! Whore!

Whore, whore!

She's dead.

Go home.

And true to every tale that's e'er been told,

they lived happily ever after.

Ladies and gentlemen of the jury,

I told you at the outset that I was going to tell you a story,

and indeed that's all it was.

But the story that I've just told you,

is based on the exact same circumstantial evidence

that the State has used to make its case against Jack Harrison.

Now is their story more believable than mine?

Or is it a question of whose story is best?

When neither, when neither is good enough,

for the search in a court of law is not for the best story,

but for the truth.

Now, what is the truth in this case?

The only fair-minded answer to that is we don't know.

I want to point out to each and every one of you

that there's no disgrace in a court of law in saying, "We don't know."

For the law itself is very precise.

It instructs you not to render a verdict of guilty

unless you do know.

Unless you know beyond a reasonable doubt.

Beyond a reasonable doubt.

We have in this country a unique judicial system,

the accused walks into this courtroom an innocent man,

and it is then the obligation of the State to prove to you his guilt.

But if they fail to, and in the end, you're the only judge of that,

then you have no alternative

but to allow that man to walk out of this courtroom the way he walked in,

innocent.

That, ladies and gentlemen, is what our unique system is about.

It may not be perfect,

but until someone devises a better one,

it's all we have.

Well, look it here.

If that jury returns a verdict in 10 minutes, I win the pool.

I lost four hours ago.

Oh, no, Tony, you only lose when you win.

I only lose if I win?

What's that supposed to mean?

Very simple really.

You see, if you get Harrison acquitted in there,

your picture is gonna be on the cover of every magazine in the country.

Yeah.

You'll be up half the night on those television shows.

And they'll write about you. They'll talk about you.

And you'll be the new bright boy. The top gun.

Only, you see, out here we know what happens to top guns.

Someone always comes along who's just a little bit faster.

And bang, bang. It's all over.

And to tell the truth, folks are kinda happy to see a winner gunned down.

Because winners make ordinary people feel a little uncomfortable.

You know, that's a pretty depressing theory.

Not a theory, old American tradition.

Have you reached a verdict?

We have, Your Honor.

Bailiff.

"We find the defendant Jack Harrison not guilty."

Congratulations.

Before I adjourn this court...

It bothers the hell out of you, doesn't it?

What does?

Express sincere appreciation...

That there's one thing you're never going to know.

To be honest with you, Jack, I really don't give a damn.

The people of this State.

Indeed if a reminder is needed,

it's the jury system

which is the very foundation of the legal structure of our country.

You all are to be commended.

The case against Dr. Jack Harrison is dismissed...

What?

And this court adjourned.

My name is Petrocelli.