All language subtitles for Law and order S15E07 - Gov Love

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.

(GASPS)

Mark!
Let's take a walk.

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

They're not paying us.

(BOTH GIGGLING)

Oh, a rowboat.
Come on.

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

Don't worry about it.

Alison, get the police.

Couple of volunteers ducked out
of the party to smoke some grass.

They get ready
to set sail, and voila.

What was going on here?

A Democratic
fund-raising lunch.

FONTANA: It's funny how most
of the party of the people

blew outta here before
we could get their statements.

DILL: Yeah, I'm guessing the vic stepped
out for a smoke, somebodyjumped her.

Well, I doubt
she was mugged.

Look at the size of that
rock on her ring finger.

It looks like she was
skewered with an ice pick.

Check to see if the
bartenders are missing one.

OFFICER: Sure thing.

Anybody know
who she is?

Peggy Riordan. Wife of the
Governor of Connecticut.

Well, this should
be interesting.

How many people
did you have here?

About 180. Most of the guests
were political contributors.

And did Mrs. Riordan come
with her husband?

(WHISPERS) Thank you.

She came alone.

She must have
had security?

She told us she wasn't
bringing any.

Did she seem like
she was enjoying herself?

I was very busy. We have a
dedicated group of volunteers

to make sure that our
guests are well cared-for.

Will you please excuse me?

Dedicated, right.

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

Was she with anyone?

Uh, I don't think so.

But there was this
black woman, though.

And on the way into the party, the
two of them got into an argument.

And this woman,
was she a guest?

Um, she wasn't
dressed right.

What'd she look like?

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

They were going at it
pretty good.

The woman had something silver
in her hand, maybe a cell phone.

And Mrs. Riordan had to push her out of
the way in order to get into the party.

And where did
this woman go?

She went the other way.
Into the park.

The bartenders use bag ice.
No ice picks.

Let's talk to the M.E.

She was stabbed once.

Ice pick punctured the sternum,
into the left ventricle.

Surgical accuracy.

Yeah, or dumb luck.

Latent picked up
the weapon for prints.

How much force would it take the suspect
to drive that thing through her chest?

What, to punch through
her sternum like that?

Yeah. He was no
98-poundxueakfing.

One of our witnesses said she had words
with a Jane Doe before the party.

Oh, yeah? Well,
a decent-sized woman

could definitely get the job done.
(CELL PHONE RINGING)

Hello?
Blood alcohol?

Legally intoxicated.
0.11.

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

All right, we'll be right there.
Governorjust arrived.

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

(STAMMERING) This is just unbelievable.
Nineteen years.

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

Has your Commissioner
been informed?

He was notified
immediately.

Uh-huh.

So my wife is murdered in Central Park
in broad daylight and he's not here?

I'm running this
investigation, sir.

And everything that can
be done is being done.

Have you or your wife received any threats
lately, through the mail or on the telephone?

Not that I know, no.
Roben?

I've heard nothing from our
Threat Assessment team.

Well, we heard that she was being harassed
as she was going into the luncheon.

By a reporter?

What makes you say that?

MICHAEL: We get it
all the time.

This isn't the time
to talk politics.

Governor Riordan has a very
long trip back to Hartford.

Oh, pardon me, Governor, sir?
What's your hurry?

I have two children
who just lost their mother.

I expect some answers
soon, Lieutenant.

We'll do our best, sir.

Thank you.

Governor's aide got a little touchy
when that reporter thing came up.

You think our perp
could be a reporter?

Well, one of the witnesses we talked
to said the woman that confronted her

had something silver
in her hand,

which could have been
a tape recorder.

But why would a local reporter be interested
in the wife of the Governor of Connecticut?

Well, maybe she wasn't
a local reporter.

You get Tri-State Ten,
right?

Yeah. It's out of
White Plains.

And they cover the
New York metropolitan area.

Which includes Connecticut.

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

If you guys maybe wanna
make an appointment.

appointment?

We don't make
appointments.

Now, we're looking for a black
woman, tall, short hair, in her 30s.

Why? Don't you worry about that.

Is there anybody here
that fits that description?

(sums)

Claudia Gaines might.

She's working on a story about
the Riordan administration

and their favoritism in
handing out state contracts.

Ms. Gaines?
Yes?

I'm Detective Fontana,
this is Detective Green,

New York City
Police Department.

We have some questions
we'd like to ask you.

You mind if we do
this alone, gentlemen?

It's okay, Jeff.
I got it.

Yeah?

So, where were you
today at 12:30?

I was in New York City at the
Democratic Benefactors' Lunch.

And you had some words
with Mrs. Riordan.

Well, I'm an investigative reporter.
"Words" is what I do.

How long did you stay?

I confronted her, okay?

But I was in my car heading back
to White Plains 15 minutes later.

And what did you
confront her about?

Connecticut awards
public works contracts

to companies with a
significant minority payroll.

The list of companies that qualify
is certified by the Governor.

So what's wrong
with that?

Well, most of the businesses
on Riordan's list

are owned in whole or part
by Richard Kaplan.

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

Hah. Donald Trump wannabe.

And it's your contention that there's
something in it for the Governor?

That's what I'm trying
to figure out.

By confronting
Mrs. Riordan?

No, I went there
to talk to Kaplan.

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

I've known Peggy for ten years.
She was wonderful.

Such a terrible loss
for the Governor.

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

Oh, I was at that benefit
in the city yesterday.

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

Mr. Kaplan?
Not now.

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

Who said it was
a mugging?

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

Just to say "hello"
when I came in.

ED: Hmm.
What time was that?

Around 1:45 or 2:00.

Lucky for you. You came late
enough to miss Claudia Gaines.

That hack showed up?

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

So you know about her investigation
into the state construction bids?

It's not an investigation,
it's awitch-hunt.

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

Well, it's just
coincidental to us

that Mrs. Riordan's death

pops up in the middle of all
of these irregularities.

Like I said, Detective,

there are no irregularities.

Were you alone at the benefit, Mr.
Kaplan?

No. There's a woman who does public
relations for me, Nicole Temple.

She was with me
the whole time.

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

I accompany him to a lot
of these political events.

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

And you run your business
from your home here?

Yeah, all I really need is a phone and
a computer. Keeps my overhead low.

And you met Mr. Kaplan
at the luncheon?

No, no, we drove in together. He
picked me up here around noon.

ED: But you didn't
get there till 2:00?

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

Oh, hmm. Where?

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

The opposite direction
from New York City.

I told Richard we were gonna be late
but he said it was really important.

And you two were
together the whole time?

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

How far is Stamford
from Bridgeport?

Uh, without traffic,
about a half an hour.

So this guy drives an hour out of
his way to drop off some paperwork?

You saw the guy's office. He's got
gofers licking his stamps for him.

Well, while we're up here, would it
make you happy to check out his story?

Well, right now his only
alibi is his PR lady.

Get in.

I've seen Mr. Kaplan
maybe twice in eight years.

He say why
he was here?

No. He just asked me to go outside
and keep an eye on his car.

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

Miss Temple?
Ah, yeah!

Damn!
She was hot.

I tried to talk to her, you know?
Kick a little convo?

The bitch wouldn't even
roll the window down.

FONTANA: How long was
Kaplan in his office?

Two, three minutes.

Did he leave some paperwork
for your foreman?

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

FONTANA: Would you have
Vincent's number handy?

Yeah. Yeah.

What's wrong?

Nothing.

FONTANA:
ls there a problem?

Ah, something's missing.
No big deal.

Well, what's missing?

Well, when I work nights, sometimes
I have to chase away the bums

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

I keep a scratch awl in here to
carry around with me, just in case.

An awl?

Yeah, it's like a screwdriver
with a sharp point on the end.

Like an ice pick?

This is a waste of
my valuable time.

I'm gonna have my lawyers make a
complaint to the Chief of Police.

Hey, how come you rich guys
always have to have

your lawyers do
your talking for you?

Okay, Mr. Kaplan.

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

I had to drop off
some plans in Bridgeport.

Does this awl look familiar?

Let me refresh your memory.

Your security guard
from the Bridgeport site

said this went missing when you showed
up on your way to the fundraiser.

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

Well, the guard
you talked to

was suspended four times in the last
18 months for being drunk on the job.

Is that why you picked his trailer
to get the murder weapon from?

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

Oh, not those pesky
lawyers again!

I went there to leave some
specs for Vincent Caparzo,

and unless that thing has my fingerprints
on it, I'm walking outta here.

Well, you know what,
Mr. Kaplan?

You're absolutely right.

This is just an interview.

You're not under arrest and
you're free to do as you wish.

(DOOR OPENS)

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

It just seems strange that your
boss would drive an extra hour

and walk through a muddy construction
site on his way to a party.

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

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

Kaplan has got you
running cash to the Governor,

but yet he does his own messenger runs
for some routine paperwork? Come on.

What are you guys
talking about?

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

Wow, you guys are
full of it.

Are we? Kaplan is
dropping names

like he's going to the
electric chair in the morning,

and one of them is yours.

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

Well, what do you
do for him?

Everything, from leasing his
cars to pimping for him.

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

You get women for him?

He needed the name
of an escort service.

I told him about
Les Belles Tulipes.

Ah, Les Belles Tulipes.

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

See ya, Vince.
Later.

It's not like you think.
He considers me a friend.

(CHUCKLING) Friend.
Friend with privileges?

He pays for my company,
that's it.

And how much extra
for the alibi?

I wouldn't do that.

So you're sticking
to the story

that you and Kaplan were
together during the whole party?

Not a story.
Well, great.

That makes you
a material witness,

which means the Grand Jury requires
your availability for 30 days.

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

Richard Kaplan really
worth all that?

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

He left me alone
for 10, 15 minutes.

Did he say where
he was going?

I assumed he went
to the men's room.

What do you know about
Kaplan and Governor Riordan?

I seduced a man and
took him to a hotel.

(CHUCKLES) Well,
isn't that your job?

(SCOFFS)

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

As far as he's concerned, I'm just a
lowly CPA who married his sister.

His CPA?

Well, I do the books
for his company.

Well, he must think pretty highly of your
work to treat you to a night with Nicole.

That night was
a big mistake. Huge.

No. You didn't know
she was a hooker?

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

Well, come on, Larry. You're gonna
have to talk to us sooner or later.

(STAMMERS) I don't know. Maybe
I should call a lawyer?

Come on, man,
maybe we can help you.

Or we can have this conversation in the
backyard with the wife and the kids.

The State Attorney General
called me in for an interview.

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

Oh!

I met her in a restaurant, we had a few
drinks, she takes me back to the hotel.

Two days later, Richard
sends me these pictures.

Nice touch, she left
her high heels on.

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

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

Well, for starters,
Richard built

Governor Riordan's country
house for free in Litchfield.

And I cooked the books to show
$840,000 in payments that don't exist.

So the Attorney General
is after Riordan, too?

Sure he is. The Governor lives
out of Richard's pocket.

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

Wait, Nicole works
for the Governor?

No, not Nicole.

Well, what's this other
woman's name?

Oh, it's not a woman.

I never dreamed I'd be
in public service.

I have a B.A. in Art History
from Vassar.

Wow. That's a big leap to Deputy
Commissioner of Transportation.

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

It was a hard adjustment at first,
but I'm finally making headway here.

How long have you been
with Mr. Kaplan?

About three years.

Were you two together
later that day?

Yes.

You notice anything
unusual about him?

He was obviously pretty shaken up
about what happened at the party.

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

Yes.

Someone in your office
can verify that?

I did leave for
a business lunch.

In Hartford?
In Litchfield.

Litchfield.

Doesn't the Governor
have a home up there?

I don't really know.

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

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

Maybe you'll get lucky.

My lunch meeting was
with Governor Riordan.

So you think Riordan's
on the down-low?

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

You know, come to think of it, the
Governor did give off a certain vibe.

Oh, please.

Do you remember how well-dressed he was?
(LAUG HS)

Like you?

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

and Helmut Lang slacks.

Now, I know it's
not scientific, but...

Look, I appreciate the fashion lesson,
Fontana, but I ain't buying it.

Just hear me out.

If there is a love triangle...

How does Peggy Riordan's
murder fit in?

All three of them lied
through their teeth.

And there's
your scientific proof.

Okay. Get Devin Bradley
in here.

See what shakes out
when you rattle him.

My relationship with the Governor
is strictly professional.

Uh-uh, don't. Don't treat us
like we're idiots, Devin.

I think I want
to call Richard.

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

But I... Which means
you're going in!

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

Then you need to start
worrying about yourself

and not who you think
you need to protect!

Devin. Have a seat.

If you're as innocent
as you say you are,

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

But if you jerk us around, we're
gonna take that very personally,

and then all bets are off.

Three months ago,

the Governor and I had a meeting about
a highway project I recommended.

He asked me out
for a drink.

I knew what he wanted.

But I didn't wanna
lose my job.

Was it just
that one time?

It's been going on
ever since then.

Wait. You're saying all this time,
you were sexually harassed?

Whatever you wanna call it.

Then Mrs. Riordan found us
alone in his office.

I knew I had to tell Richard.

Kaplan must have been pretty
pissed off about that.

It was pretty bad. But he was
more upset with the Governor.

Why, because he was
hitting on you?

Because the Governor would have to
resign if his wife went public.

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

Richard said he would
take care of it.

I wasn't sure
what he meant.

When I came home
from Litchfield Wednesday,

after Governor Riordan
got the call,

Richard told me.

He told me that he killed
Peggy at the party.

"Docket number 49451.

"People v. Richard Kapfan. Charge
of Murder in the Second Degree."

How does Mr. Kaplan plead?
LAWYER: Not guilty.

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

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

We have a very strong case,
which includes a confession.

We received no notice that
our client made admissions.

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

Tell me about this confession, Ms.
Southerlyn.

The defendant admitted the murder to his
boyfriend, a man named Devin Bradley.

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

Not exactly. He was having an
affair with the victim's husband,

the Governor of Connecticut.

(PEOPLE CHATTERING)
MAN: Quiet!

Quiet!

SERENA: The defendant's business...
(GAVEL POUNDING)

The defendant's business depended
on favorable consideration

from the Governor.

Mrs. Riordan was poised to
expose her husband's affair

and jeopardize
his political career.

JUDGE GOLDBERG: Bail is set
at $5 million.

Mr. Kaplan will surrender
his passport.

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

Judge Goldberg didn't leave me much choice
but to lay the whole thing out for her.

Is Devin Bradley
standing by his statement?

He's scheduled in
the Grand Jury on Friday.

No qualms about testifying
against his boyfriend?

He realizes he's
in over his head.

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

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

Motive, opportunity.

How about
a murder weapon?

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

from a construction site that Kaplan
visited on the day of the murder.

But, according to the manufacturers,
they sold 10,000 of these things.

The confession's still
the linchpin.

And we need to go into the Governor's
bedroom to make it all fit together.

That'll be
a pretty sight.

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

Make sure he'll
play ball with us.

You got your work
cut out for you, Jack.

Any way you look at it, we're
taking down his Administration.

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

I've been happily married
for 19 years.

He swore to it
before a Grand Jury, sir.

People swear
to many things.

And Richard Kaplan has
enough dirt on Bradley

to rip his heart out
during a cross-examination.

Bradley's not
our only witness.

Kaplan's CPA has a paper trail proving
Kaplan built your house on the cuff.

You have quite the nerve
to walk into my office,

attack my family
and impugn my integrity.

Let's drop the pretense,
Governor.

Right now, there are three
scandals hanging over your head.

Three, is it?

Rigging bids for Kaplan.

Sexual harassment of your Deputy
Commissioner of Transportation.

And the fact that you
cheated on your wife.

With a man.

Excuse me, four.

And you might very well
survive all of them.

But I doubt you'd survive
a murder indictment.

What are you talking about?

Richard Kaplan murdered
your wife.

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

Is Governor Riordan a target
of your investigation?

If he stonewalls
our investigation,

we'll have to assume
he conspired with Kaplan.

Or at the very least
put him up to it.

You'll have a war
on your hands!

Listen to me, Mr. McCoy.

I had nothing to do
with Peggy's murder.

Then put aside the bravado,
Governor,

and help me convict the man
who killed your wife.

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

(sums)

Now, you may find this
hard to understand,

but I loved Peggy.

She was my family
and my friend,

and we raised
two wonderful children.

On top of losing her, you realize
that this will cost me my job.

Yes, I do, Governor.

My constituents
deserve a governor

who is not distracted
by personal affairs.

The death of my wife,

the rumors that surround
that tragic event,

have had an adverse impact on my ability
to perform the duties of this office.

Therefore,
effective immediately,

I resign the office of the Governor
of the State of Connecticut.

Thank you.

REPORTERS: (CLAMORING)
Governor!

Personal reasons. The
all-purpose "mea culpa."

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

He won't have any choice
in the courtroom.

Some part of me
feels sorry for him.

Why? He's
a corrupt politician.

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

He put suburban property tax
money into urban schools,

he created a medical safety
net for the elderly.

He shouldn't be hitting
on his subordinates.

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

He had to hide his sexual orientation
to accomplish his goals.

Sexual orientation is not
a license to be dishonest.

See you in the morning.

I met Richard Kaplan after I was
elected to the state legislature.

I sponsored a bill which gave
incentives to contractors

with significant
minority workforces.

Richard owned several
companies that qualified,

and we became political
allies and friends.

How much business did his companies
do with the State of Connecticut?

Last year, his companies received
over $20 million in state contracts.

And he'd just bid on a $35 million
public works project in Danbury.

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

Richard introduced me
to Devin about a year ago.

He mentioned that Devin was
looking for a new job,

so I recommended him to my
Commissioner of Transportation,

who hired him last summer.

What was your relationship
with Mr. Bradley?

Very limited. He would attend
monthly Transportation meetings.

But, um,

shortly before my wife was killed,
we began having an affair.

Did your wife know
about this?

Not at first. But, uh,

one night Peggy arrived
unexpectedly at the office

and found us together.

What happened?
Peggy was shocked.

She had no idea
that I was...

I'm gay.

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

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

What did you do?

I decided to ask Richard
for his advice.

What exactly did you tell him?
And when?

A few days before Peggy was killed,
I met Richard for a drink.

And he already knew
what happened.

How did Mr. Kaplan react?

He thought that there was a good
chance that Peggy would go public.

He was very angry
about that.

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

Nothing further.

So, if your illicit,
gay love affair was exposed,

you would have
had to resign, Governor?

Yes.

That must have been a huge motive to see
that your wife kept her mouth shut.

I was 100 miles away.

With my client's boyfriend?

While Richard was at the same
party my wife was killed.

So who's to say
that you didn't

hire someone other than my
client to do your dirty work?

Objection. Argumentative.

JUDGE MURPHY: Sustained.

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

But you lied to
your wife of 19 years.

You lied to your good
friend, Richard Kaplan.

And you lied to all four
million of your constituents.

Yes.

So why should these 12 strangers
believe anything you say, Governor?

At some point while you were
having lunch in Litchfield,

did Governor Riordan receive
a phone call?

Yes, he did.

Something terrible had
happened to his wife.

He said he had to
leave immediately.

What did you do,
Mr. Bradley?

I got in my car and
I drove to Greenwich.

That's when I heard on the radio that Mrs.
Riordan had been killed.

Where did you go?

I went to Richard...
The Kaplans' house.

And when you got there,
was Mr. Kaplan at home?

Yes.

Your Honor,
I want to object.

On what grounds?

Can I be heard
in chambers?

Please, Mr. Pincham.

You really want to hear this
one in chambers, YourHonoL

This better be good.

I'm moving to preclude
any conversation

between Mr. Bradley
and my client on that night.

Which would include
Mr. Kaplan's admission

that he murdered Peggy
Riordan at the fundraiser!

Grounds, Mr. Pincham?

Spousal communication
privilege.

Richard Kaplan and Devin
Bradley were married

in New Paltz, New York
in March.

Why didn't we
know about it?

A man who brings
a beard to a party

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

They just kicked
a big hole in our case.

If it's true.

Take a ride up
to New Paltz.

Find out if this marriage
is on the books.

I married 217
gay and lesbian couples

in private ceremonies
in March.

But Richard Kaplan
and Devin Bradley?

You want the paperwork, check
downstairs with the Bureau of Records.

So this is
the real deal?

Town Clerk issued
the marriage license,

and as Mayor oi
the Town oi New Pam,

I'm authorized to preside
over civil ceremonies.

Of men and women.

The statute doesn't
say anything about gender.

This is a legitimate marriage
under Article Three

of the Domestic Relations Law.

I admire your creativity,
Mayor Carpentino.

Have a seat.

Look, Serena.

This is going to happen
on a large scale

once the social conservatives in this
country lose their political clout.

Canada already has
gay marriage.

San Francisco, Massachusetts, Vermont.
The writing's on the wall.

Do you actually think these marriages
are gonna be held up in court?

Too soon to tell.

There's an injunction stopping
me from performing any more.

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

1:00.

Judge Stojakovich will be
at Andy's Luncheonette.

Little brat gets himself
elected Mayor by 96 votes,

thinks he can rewrite
the laws of nature.

And you stopped him
single-handedly.

That's what I call
judicial activism.

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

Who did?

The Coalition
for Family Values.

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

Whole thing's
an abomination.

I mean, marriage is
the bedrock of our society.

These people are making
a mockery of it.

Did your injunction affect the status
of the marriages that were consummated?

Don't use that word.

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

unless a party to it
brings an action.

I wish I could undo
every one of those things,

but right now, it looks like those
people have slipped through a loophole.

The Mayor's power to marry gay
couples is in legal limbo,

but the marriages he presided
over in March seem to be legit.

And there's no direct legal precedent
on the evidentiary issue Kaplan raised.

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

Or attack it.

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

It's not relevant
what I believe.

I just wanna go on the record that a
private conversation with your partner,

gay or straight,
should be kept confidential.

That's not what the law says, and that's
not the legal position I'll be taking.

You're gonna argue
the privilege

should only apply only
to heterosexual relationships?

To put a murderer
behind bars, yes.

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

That has nothing to do with it. I
suggest you leave your opinion

aboutsexualpofifics at the water
cooler and help me win this case.

Richard Kaplan and Devin Bradley
received a valid license

and were legally married
by the Mayor of New Paltz.

No court has upheld the legal efficacy
of any of the New Paltz unions.

And no court has deemed one
of the marriages invalid.

In a case of
first impression,

the court must look to the
policy served by the privilege.

Fostering free and open communication
between committed couples.

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

unmarried couples from
claiming the privilege,

no matter how long
their relationship?

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

is available only
to married heterosexuals?

Maybe the clerical privilege
should be limited to Catholics?

So you're saying I should
construe the privilege

as narrowly as possible,
Mr. McCoy?

Because any
evidentiary privilege

frustrates the administration
of justice.

When one spouse isn't allowed to
testify to what the other spouse said,

it hinders the search
for truth.

But the parties are
validly married.

I'm not about
to parse the difference

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

I'm upholding
the privilege.

Mr. Bradley
may not testify

about any admissions the
defendant may have made to him.

(POUNDS GAVEL)

Can we win this case
without the confession?

I doubt it, Arthur. Bradley
testifying against his lover

was a powerful
piece of evidence.

I don't suppose Kaplan
wants to cut a deal?

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

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

We can ask the Court of
Appeals to intervene.

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

made in the middle
of a trial.

That's not
how I'll frame it.

I'll ask for a declaratory judgment
invalidating these gay marriages.

Every one?
If that's what it takes.

What, are you making
social policy now?

The law's in
a state of flux.

It's incumbent upon us
as prosecutors

to leverage that opening
to obtain justice.

I don't agree with that.

It's standard
operating procedure.

Before Batson came along,

it was routine to try to stack
your jury on the basis of race.

Until the Court of Appeals
rules otherwise,

we should take the position that marriage
is between a man and a woman, period.

Sell your soul to the Religious
Right to win the case.

Push the court to define
what the law is.

Marriage is a state matter.

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

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

We'd be setting back
gay rights 20 years.

Our job is to put Kaplan behind bars,
not to fight the culture wars.

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

This could cost me
some votes.

I've thought
about that, too.

You got a better idea?

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

Isn't the position your office is taking
anti-gay, if not downright homophobic?

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

It's about whether a confession can
be used against an accused murderer.

But isn't it true
that if you win,

all the gay marriages in this
state will be invalidated?

I don't want to speculate
on how the court might rule.

What do you say to your gay constituents
who are up in arms about this?

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

I mean, look.

Uh, gay citizens in New York are statistically
much more likely to be victims of crime.

So it's in every/body's interest
to have a D.A.'s Office

that will do everything legally possible
to bring violent offenders to justice.

Thank you very much.

(REPORTERS CLAMORING)

The case at bar, Your
Honors, is one in which

an accused murderer seeks to
expand the marital privilege.

Doesn't the Equal Protection
Clause require this court

to apply the same evidentiary rules to
both heterosexuals and homosexuals?

This isn't the right
to vote.

When the Domestic Relations
Law was adopted,

it was inconceivable to the
framers that it would cover

anything other than a marriage
between a man and a woman.

This court should construe the
law according to that intent

and deem
the marriages invalid.

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

shouldn't we avoid such
an antiquated construction?

In a matter fraught with emotion
and fundamental disagreement,

I'd argue that judicial
activism is inappropriate.

Where would we be
on civil rights

if the Supreme Court adopted
that line of thinking?

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

to forge policy
in a national crisis,

but the Mayor of New Paltz
shouldn't be leading the charge.

Societal change
of that importance

must be the province of our
elected officials in Albany.

"A rose is a rose
is a rose."

Two people who take a vow before
a public official or a cleric

to share their lives
is a marriage.

What about
Mr. McCoy's argument

that this was surely not contemplated
by the authors of the law?

Well, rigidity in the face
of progress is notjustice.

The rulings of this very
court reflect that.

Gay partners are now
allowed to adopt children,

are considered family members for
the purpose of rent control,

have burial rights that
supersede those of a parent.

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

When Virginia forbade blacks and
whites from marrying each other,

the Supreme Court held that marriage
is a fundamental right for all.

The institution of marriage promotes
social and economic stability.

And same-sex partners are entitled to a
legal status that furthers these goals.

Even if doing so disallows
a murder confession?

One of the benefits of a marital
relationship, one of the privileges,

is the right to free and
open communication.

Now, sometimes the results
of this are discomforting.

But an occasional injustice is far outweighed
by the overall benefit to society.

Simply put, government
should stay out of love.

We thank both counsel.

Let us deliberate and we will return
with a decision from the bench.

It is the opinion of
this court

that the marriages solemnized
in New Paltz in March

are hereby deemed
null and void.

Gay marriage was never contemplated
by the current statute.

However, we ask
the State Legislature

to address the inequities now faced
by gay couples in this state

and to craft a formalized ceremony,
be it marriage, civil union,

or some other alternative, to allow
same-sex couples the opportunity

to avail themselves of all the rights
and benefits of married heterosexuals.

Three Judges dissent
from this opinion.

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

on the basis of
spousal privilege is denied.

Mr. Bradley may testify.

(POUNDS GAVEL)

JACK: Calling your attention to the
day of the incident, Mr. Bradley,

you previously testified
that you drove to the house

you shared with Mr. Kaplan
in Greenwich?

Yes.

Was Mr. Kaplan home?

Um, yes, he was.

What was his emotional state?

I don't know
what you mean.

What, if any, conversation
did you have with him?

What did he say to you,
Mr. Bradley?

Mr. Bradley?

I'm not gonna answer that.

Your Honor?

If you don't answer,
you can be held in contempt.

I was gonna testify, Mr. McCoy, even
though it was really hard for me.

But then you went and undermined
everything that I am!

JUDGE: Mr. Bradley, please,
this isn't a soapbox.

BRADLEY: I don't care
if I go to jail!

We are not second-class
citizens, Mr. McCoy.

You can't treat us
like that.

This is your
last chance, sir.

Very well. I find you
in contempt of court.

Sergeant, put him in.

Motion for mistrial.

Can we recess
for an hour, Judge?

Thirty minutes.

A mistrial means nothing,
Mr. Kaplan.

We'll try you again.

Without your key witness,
Jack? Why bother?

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

Seems to me he was dead set
on seeing this through.

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

I'm not pleading guilty.

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

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

At least he has
some principle.

More than I can say
for you.

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

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

I know you're willing to sacrifice
someone who loved you, who married you.

Devin

was the one who wanted
to get married.

And then he betrayed me.

If you think you're going to walk
away from this free and clear,

you're wrong. There's no statute
of limitations on murder.

I'll wait Devin out
until hell freezes over.

And when I finally convict
you, you'll do 25-to-life!

What are you offering?

Murder two,
20-to-life.

Too much.

How about man one?

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

You'll let Devin out?

After we have this
all on the record.

I'll take it.

Draft an order to Corrections
to release Devin Bradley.

Congratulations, Jack. You
got everything you wanted.

It rarely works out
that way.