If you think you're going to step into the void
left by my absence so that you can
-
-
I've never seen any void.
You think you're this tough, lady?
Don't take me on, Anne.
I don't know what your relationship is
with this woman.
I don't want to know. I mean, that's...
That's for you to figure out.
There's nothing between Grace and me but friendship.
I don't know you well enough to know if you're lying,
but some day I'm going to peg the expression.
Something tells me it'll look a lot like the one
you're wearing right now.
I'm not a wild beast,
no matter what you would like these people to believe.
I am a human being and I did not k*ll anyone!
In the matter of the people vs. Earl Williams,
we the jury having previously found the defendant guilty
of m*rder in the first degree
and having found special circumstances to exist,
now do fix penalty at death
by the infliction of lethal gas.
Did you read the brief?
I read it.
It's good.
We argue on Wednesday,
I'll call you as soon as it's over.
I...
Shouldn't be trying to get my hopes up here, should I?
Death penalty appeals are usually losers,
I'm not going to lie to you about that,
but we do have a chance, Earl,
we have a legitimate chance.
How long... does it take them to make up their minds?
They usually take it under advisement.
But you never know.
With this kind of a case they could decide pretty quickly.
This is it, isn't it, Michael?
Not necessarily, we have plenty of appeals left.
We haven't even gotten to Federal court yet.
Yes, but this is the one.
I don't win here, and I'm going to the gas chamber.
♪♪
♪♪
Moving on, Michael,
where are we on the Earl Williams appeal?
Oral arguments before the supreme court of California
tomorrow, :.
Victor will be second chairing.
Are we still doing the moot court in preparation?
This morning.
You, Victor and Stuart are the judges.
I hope you had a chance to look over the briefs.
I studied them.
Good, I want you all to be as tough as you can.
I'll be giving you a list of the issues that I believe
the judges will be coming at me with,
so whatever questions you can come up with
will be very helpful.
-You think you really got a shot?
-Yeah.
Moving on, major kudos to Rosalind Shays.
She's officially landed Anderson Industries as a client.
This is the second largest steel distribution company
in the country
and potentially the biggest client we ever had.
-That's terrific.
-Way to go, Ros.
Thank you. I have a meeting with the CEO on Wednesday,
and I suspect that he'll put us right to work.
That's fantastic.
DOUGLAS: It certainly is.
And moving from the fantastic to the incredible,
Arnold, you have a case involving Rochelle Peters?
Yes, I'm representing her ex
-husband.
Is that the Rochelle Peters of the Evening News,
The very one, and this is good.
Evidently, Ms. Peters did some anchoring before
a different kind of camera.
-Don't tell me
-Home videos.
Between she and her husband when they were
just newlyweds in the act...
and the other act and the simultaneous act.
Anyway, cut to five years later
husband becomes ex
-husband,
he has something all the adult film entertainment companies
would like to have, he wants to sell,
she slapped him with a restraining order.
That's despicable.
Have you got the tape?
He'll be bringing it in.
We've got a meeting this morning.
How can you involve yourself with something like this?
Because it's perverted, it's sordid.
It's what I live for.
Keep us apprised, Arnold.
And on the titillating note, we're adjourned.
-Leland?
-Hmm?
Can I talk to you about something?
Yeah, sure.
Well, I've got a meeting in minutes.
Right after lunch.
Actually, I was hoping I could do it now.
It's important.
Yeah, sure, come on.
Okay.
This new client, Anderson industries.
Yes?
Anderson Industries has major holdings
in South Africa, Leland.
It has a long investment history in South Africa.
It distributes steel girders produced in South Africa.
Now, I'm not a very political person,
and I know...
It's not the place for an associate to have input
on the accepting or the rejecting of clients,
but this company helps promote apartheid,
and I'd have big problems being associated with it.
Well, Jonathan, I don't know anything
about Andersons connections in South Africa
or where they invest.
I do.
Well... has this company to your knowledge ever
done anything illegal?
No, but they have repeatedly violated the spirit
of Congress's economic sanctions by finding loopholes
to keep importing South African products.
Leland, they have at least
indirectly supported a government
based on white supremacy.
I just don't see how we can attach ourselves
to any client who could attach themselves to that.
If you really want to make an issue,
I'll take it to the partners.
But I got to tell ya, this is a major client.
I want to make it an issue.
Well...
There are five separate grounds
each individually warranting a new trial.
The first concerns the DNA test
which were used to establish Earl Williams
at the scene of the crime.
Now, the technology
-
-
An eyewitness also put your client at the scene, correct?
That ID was shaky at best, Your Honor.
The DNA identification conclusively established it,
and that technology was recently shown to be suspect.
You can't expect this court
to make scientific findings on the basis
of appellate briefs and oral arguments.
No, I do expect the court to take judicial notice,
however, of the lack of uniformity
within the scientific community
concerning the reliability of DNA testing.
Don't get snide, Mike, you'll just put 'em off.
I think we should stick to the format, here, okay?
The second ground is the trial court's abuse
of discretion in failing to reopen the case
to admit newly discovered evidence.
That would be the eyewitness testimony
of Philip Michael Holden?
That's correct.
Mr. Holden saw a black by the name of Ronald Sewell
coming out of Nina Corry's apartment building
at the time of the m*rder.
Now, had the jury been allowed to hear this evidence
-
-
This, uh
-
- this witness was a convicted drug dealer
who decided to come forth
with his testimony in exchange for your professional services.
Would that be right?
Yes, it would.
And the trial court conducted an evidentiary hearing
to evaluate the credibility of this witness
after which the judge deemed him to be unreliable,
-isn't that right, counsel?
-That's correct.
And you're asking us to substitute our judgment
for the trial judge
who listened to him and had opportunity
to weigh his credibility?
What you don't understand
is the jury should have the opportunity
to weigh that credibility.
Whoa, time out.
I don't think that you should ever tell
a supreme court justice that he doesn't understand.
You should blame yourself for failing to make
-
-
Could we just do this, please?
Mike, demeanor counts.
Yes, it does.
What also counts is evidence of domestic v*olence
introduced by the DA,
evidence which was prejudicial.
What also counts was unfair surprise
and the tactics of the DA.
Now those are the important issues here
and those are what you should be asking me questions about.
What?
You're going to tell the judges what questions to ask?
No, I'm telling you, Douglas,
because I don't want this to become a waste of my time.
I want to be fully prepared tomorrow
-
-
I think we should stick to the format.
Yes. Mr. Kuzak, isn't it possible
that your client is guilty?
That's a stupid question, Douglas.
-Hey, you know...
-No, I know.
I'm not supposed to insult supreme court justices.
Well, thank you all very much for your help.
I really think that I would be better served
by preparing for this on my own.
I don't think it was a stupid question.
You've been divorced for three years, Al.
Why'd you first decide to sell this video now?
You want to know why?
About a month ago, a mutual friend of ours got married.
Rochelle was there with this guy, tall, handsome,
athletic looking guy.
I'm going to be a grown up, I go up and I say hello.
She says, "Collin, this is my friend, Al."
My friend?
Not my ex
-husband.
Not the man I slept with for six years.
Not the man I stabbed through the heart.
-Her friend.
-Right.
Well, whatever your reasons,
you stand to make a lot of money off this video.
Great.
She knew that you were making it, right?
Of course she knew.
Whenever I took pictures of her, she always knew.
So she knows the tape existed,
that it was a marital asset, and now it belongs to you.
She'd say to me, "Al, what should I read?"
I'd go out and buy her books.
I mean, the great books. Dreiser, Farrell, Tolstoy.
She'd say, "Al, what should I see?"
I'd take her out to foreign films.
Rossellini, Pudovkin.
It's always sad when a relationship ends.
The only time I see her now
is on the evening news.
She stares out at me like some ice queen
from the frigid reaches of the North,
another one of the great unattainables.
I attained her, though. She can't deny that.
She can't deny that.
I'm going to have to see this, of course,
to prepare for the hearing.
Opening night at the opera, she was there.
Norman Mailer's birthday, party, she was there.
Picture taking sessions with the pope, she was there.
Where was I?
Probably home watching the news.
I wish I could laugh about it.
I wish I could chock it up as
another one of life's little detours.
I can't.
Every day a little piece of me dies.
Al, listen to me for a second.
This isn't only between you and her.
Network's going to fight tooth and nail
to keep this video from going public.
Yeah?
Oh, you bet.
They know that next to Jane Pauley,
there's no other newscaster people would like to see naked.
Maybe Diane Sawyer.
I'm ready, believe me.
All right.
My friend Al.
Let her call me a friend now.
Hi.
Hi.
I wish he were guilty.
What?
If he had done it, then this would all be his fault.
But he didn't do it, and this makes it all my fault.
It's not your fault, Michael.
I don't remember ever being this scared before.
Maybe...
before my first trial years ago but...
[ sighs ]
I can only guess how Earl feels right now.
Well...
When I was in law school I used to day dream about this.
You know, having a big m*rder case
where everything was on the line.
I thought it would make me feel strong.
Judge Henderson by all accounts
is the most influential up there,
so if he asks a question make sure you answer it.
Connelly's considered the lightweight,
so if you have to duck him at all,
it's not going to be fatal.
Okay, did you file that supplemental list of authorities yet?
Yeah, yesterday.
Good. Look, Victor, I'm not really following
your index on the trial transcripts.
Okay, um, this is witness.
This column is statement made or subject matter covered.
This indicates the page number,
This right here indicates
whether it was a cross or direct.
And you think I'm going to be able to decipher
these little symbols in the middle of oral argument?
I'm going to be there deciphering it for you.
Yeah, but what if I have to reference something really fast?
-I only have minutes up there.
-Stop chopping at me, Mike.
-I' m not chopping at you, Victor.
-Yes, you are.
I' m not chopping at you, Victor.
You're chopping at me and I don't like it,
especially since I've been busting
-
-
Victor, this is a death penalty case, all right?
A man's life is on the line here.
I know. and it's all hanging on you
and you're starting to get frayed, but Mike,
if you start snapping at those judges
the way you did at us in moot court,
they're not going to be listening to you for very long.
All right.
All right, you're right, I'm sorry.
I just...
I'm a little over anxious.
I just want to get this done.
I'm sorry.
What issue are you going to be leading on?
Prosecutorial misconduct.
You mean you're going after Flanagan?
Yep. Unfair surprise.
She sprung that semen evidence at trial
without even telling me first,
And I'm going to nail her for that.
Hmm.
What about abuse of discretion?
That's viable, too.
Mm
-mm. No. Douglas was right on that.
The judges would never substitute their judgment on that.
If I'm going to win this,
I'm going to have to take Margaret down.
Think you can?
We'll find out, won't we?
I don't want to lose this case, Victor.
I don't know what I'd do if I lost this case.
Anderson industries is a law abiding corporation.
It does extensive charity work.
It is a company with a first rate reputation.
Which also has ties to South Africa.
You couldn't find a major law firm in this country
that doesn't have at least one client
with the same kind of ties.
I don't believe that.
Look, let's deal with one precedent
at a time, shall we?
Are we really going to let an associate dictate
to us what entities we will or will not accept as clients?
N
-O.
It's not just an associate who's objecting.
I'm a partner, and I don't like it.
You didn't seem to mind yesterday.
Because I didn't know their history yesterday.
And why didn't you know?
I'll tell you why, because it is not
the practice of this firm
to do policy checks on its clients.
It is not the practice of this firm to scrutinize
the political identities
of the people who pay our fees.
Well, maybe it should be.
Why, because this particular client happens to be mine?
All right, now.
Because this particular client
has dealings with the most r*cist government
on the face of the earth.
This is a political question, Anne.
Abortion is a political question, Douglas.
We had to drop my client because of a political question.
That was office politics, completely different.
-And that's crap.
-It isn't crap.
We cut your abortion client because
siding with her would have made up poorer.
Siding with Anderson Industries would make us richer
and that's the only kind of politics
we can afford to play here.
We're sinking a hell of a lot lower than the bottom line
if we take this client, Douglas.
ROSALIND: Come on Stuart, don't
-
-
They support South Africa, Rosalind.
You're talking about a government
that suppresses the majority of its citizens.
That's repugnant,
and if it's not repugnant to Anderson industries,
I don't want to have anything to do with them.
Fine, then I want complete bios
and cross checks done on every client
so we can begin to implement
this new policy of moral judgment.
That's ridiculous.
No, I'll tell you what's ridiculous...
a law firm that throws away $, defending a m*rder*r
and appealing his conviction
and then turns down a potential
two million dollar a year client
because we don't like the politics
of some of the folks it does business with.
That's ridiculous.
All right, we've heard enough.
Let's put the damn thing to a vote.
Arnold votes yes by proxy.
Michael votes no.
-I'm a yes.
-Me, too.
-I'm a no.
-And I vote no.
Three to three, Leland.
You decide.
I vote yes, we take this client.
This meeting is adjourned.
In years of practice, Your Honor,
I've never been as outraged as I am at this moment,
This woman stands to have her entire career ruined
because that man wants to take
moments of intimacy between a husband and a wife
and make them into pornography.
Your Honor, the tape is what it is.
My client is not making it into anything.
He is making it public, Mr. Becker,
and I have agreed to seal this courtroom
for the reason that to reveal the very
existence of this tape could cause irreparable damage.
Your Honor, that is exactly what Mr. Vogel wants to do.
His venom and spitefulness for his former wife
are matched only by his greed.
Your Honor, that's just nonsense.
The property settlement between these two people
itemizes everything that goes to Miss Peters.
It gives all the rights in the remainder to my client.
Mr. Becker, is there any indication
that Miss Peters would have knowingly
authorized the distribution of this tape?
My client's an accomplished photographer.
He took a great many pictures of his wife.
In each case, she authorized their use.
Mr. Becker, we're not talking about photographs here.
We're talking about videotaped footage of marital acts.
Without getting overly graphic, gentlemen,
can you give me a sense of what is in this tape?
[ sighs ]
Several variation of coitus.
Compared to what's out there, it's pretty wholesome stuff.
It won't be any too wholesome when some guy standing in
a plywood booth slamming quarters
into the damn thing to see it.
This would be intended for the home video market only.
Okay, I have heard enough.
Mr. Becker, your client is enjoined from exhibiting
this tape commercially.
Miss Peters retains the right to determine how her name
and likeness are to be used.
Nothing in this divorce agreement anticipated this.
Nothing in it gives him the right to do it.
Your Honor, we also request that Mr. Vogel
turn over all extra copies now under his control.
That I cannot order.
The agreement clearly grants all possession
of the tape to Mr. Vogel,
and I simply don't have the authority to supersede it.
What about private screenings
for or of his closest friends?
Your Honor, what's going to happen when this tape
starts to circulate privately among friends, party to party.
That's not going to happen.
Please, Mr. Becker, who among us has not
seen the Rob Lowe tape?
Anyone? Anyone?
Listen, I have done all I can do,
and in fact, given my relationship
with Mr. Becker's firm,
I may well be forced to recuse myself
before this matter comes to trial.
Which, by the way, would be just fine with me.
May it please the court, I'm Michael Kuzak
appearing for the appellant, Earl Williams.
Contained in my papers is an overview of the case
as well as specific grounds which mandate
a reversal in my client's conviction.
Today, I would like to focus on the most compelling
of those grounds, the prosecutorial misconduct
of Margaret Flanagan.
I don't want to cut you off at the jump, counsel,
but this court is generally suspect
of that particular claim.
Are you sure that's where you want to steer us?
I'm exactly sure.
Margaret Flanagan's conduct in this trial was reprehensible.
It was unethical.
It was a breach of her duty to act
as an officer of the court
and it is the reason why an innocent man
is sitting on death row.
I assume you're referring to the DNA evidence
which placed your client's semen on the victim's bed?
That's correct, Your Honor.
The district attorney had an obligation to disclose
that information to me and to the court
prior to the trial.
She did not.
But according to the record,
Miss Flanagan herself got this evidence at the last second.
There's no evidence
that she willfully concealed anything,
and the judge offered you a continuance
to give you time and you declined.
First of all, the record will show
that she got the evidence from the lab on the eve of the trial.
She sprung it in court three days into the trial.
That gave her two days to inform me, which she didn't.
That makes her conduct willful.
As for my refusing the continuance,
the damage had already been done.
How so?
Had I known what she had
as I was entitled to under Walker vs. Superior Court,
I would never have denied that my client
was having a sexual relationship with Nina Corry.
I also would never have denied that he was
in her apartment on the night she was m*rder*d.
In other words, you never would have lied to the court
if you knew you'd be caught.
I didn't know my client was having
an affair with the victim,
it was a surprise to me as well.
Earl Williams did lie,
I'm not making excuses for that.
But had I known he was lying,
and I would have had she followed the law,
I would have stopped him from using it.
I'm sorry, I'm not sure I understand the harm.
Everything she introduced at the trial,
your client admitted himself once he took the stand.
The harm is that he was portrayed as a liar.
Because he was a liar.
He told one lie, yes, but what I'm saying, Your Honor,
is that had I know about her DNA evidence,
I would have known he was lying.
As a good attorney,
I would have counseled him not to lie.
The jury would never have perceived him as dishonest,
and without that perception,
Earl Williams would have been acquitted.
Sounds a little meandering to me, Mr. Kuzak.
Then let me make it more clear.
She had two lynchpins in her case:
the circumstantial evidence that placed Earl Williams
at the scene of the crime at the time of the m*rder,
and the evidence of his dishonesty.
Had the district attorney complied with the law,
I would have kept the second part of her case out.
That means she would have been left
trying to prove m*rder beyond a reasonable doubt
with nothing more than circumstantial evidence.
And that's why she withheld it, to give herself something
that she otherwise would not have had.
She fights hard, she fights to win.
I understand that.
But if you are going to put someone on death row,
if you are going to send a human being
to the gas chamber,
you should at least follow the rules and obey the law.
Margaret Flanagan didn't.
♪♪
Quarter of a million dollars, Al,
that's more money than you would have made
in the porno business.
Not interested.
Right, what you're interested in
is seeing this woman hurt. Hmm?
What is it that hurts, Rochelle?
The fact that there's a photographic record
of us having gone to bed?
No, the fact that you would show it to people.
All right, let's cut through the psycho drama, shall we?
No what's it going to take, Mr. Vogel?
Putting a dollar figure on something like this
is impossible.
Well, let's try.
. million structured over months,
, due immediately.
-That's outrageous.
-Is it?
Your biggest fear, and you can correct me
if I'm wrong, Kevin,
is that Rochelle's sexual hijinks
will destroy her credibility.
That's right, Mr. Becker,
that's just what we don't want to see happen.
Thousands of tapes circulating around the country,
people watching them in bars, at frat parties.
Running gags in Johnny Carson's monologue.
Half a million.
You spend over ten million a year just promoting her.
Protecting her Q rating.
You're telling me that half a million
-is all that's worth?
-Make it a million.
Point two.
Okay.
I don't want to sell it.
What?
Excuse me, Al.
No deal.
Al, there is a terrific deal to be made here.
I said no.
I don't understand this.
You hear anything yet?
Nothing.
I mean, I know they met on it, that's all I know.
I sure as hell don't want to be out of work.
But if they take that client, I've got no other choice.
What do you mean?
I couldn't stay here, Diana, could you?
Yeah.
I'm not quitting.
That company supports South Africa,
how could you possibly stay here?
How can Michael Kuzak stay?
How could Anne Kelsey stay?
Are you kidding me?
No, I'm not kidding you, Jonathan.
Are you kidding me?
You think because we're black
we've got the exclusive on outrage here?
With apartheid, we've certainly got a priority, yes.
Did it ever occur to you
that your quitting would accomplish nothing?
Did it ever occur to you
that by staying,
maybe you could help influence Anderson industries?
Maybe even convince them to change?
What is this, the Sullivan principle?
Look, baby, you don't want to lose your job, fine.
Just say so, but don't start
-
-
That's right, I don't want to lose my job.
I can't afford to.
I'm already about $, in debt
in student loans.
This job is also my best career opportunity
and I shouldn't have to give it up just because
you're having a little spasm of black guilt.
You don't want to quit, don't quit.
Just stay here and represent racists.
Maybe you're the r*cist.
No, you're the one making assumption about my feelings
on the basis of skin color.
No.
The assumptions I made were based on
what I thought I knew about you.
Now, if I was wrong, I was wrong and I apologize.
Mr. Kuzak has exhausted every avenue.
Each one more desperate than the next.
The record shows he offered free professional
services to entice a new eyewitness to testify
in the hope of reopening the trial.
That failed.
Now he's here today claiming prosecutorial misconduct.
Why didn't you tell him about your DNA evidence?
As I've maintained before, Your Honor,
I didn't get those results until the very last moment.
Perhaps I was careless in not making sure
of his notice, but I certainly didn't conceal anything.
Forgive me, Miss Flanagan,
but that evidence was a bombshell, and you knew it.
Do you expect us to believe you failed
to alert defense counsel because it slipped your mind?
I expect the court to take judicial notice
of my reputation and know
that the non
-disclosure was not willful.
I also expect the court to recognize
that Mr. Kuzak knew my strategy.
Your Honor, he knew I would be attempting
to prove this sexual relationship.
We offered a continuance
if he felt prejudiced by the surprise.
He didn't want it because he wasn't prejudiced.
It's possible Mr. Kuzak could have prevented
his client from looking like a liar
before the jury.
I suppose that is possible, Your Honor.
But Earl Williams was in fact a liar.
Are we really saying that the interest of justice
have been contravened here
because the jury got the right impression?
Let's face it: Mr. Kuzak is asking for a new trial today
because the jury was exposed to the truth.
No, he's asking for a new trial
because you failed to disclose physical evidence to him.
Which you are required to do
under Walker vs. Superior Court.
Had Mr. Kuzak known of the DNA evidence beforehand,
his client would have simply told the truth
sooner rather than later.
That's not a distinction
which justifies overturning a verdict
which members found to be fully supported by the facts.
Earl Williams is on death row
because he m*rder*d a young woman.
Not because his lawyer was caught off guard.
Miss Flanagan, I've been through the transcripts
and I've taken note of your propensity to inject
your own personal feelings into this case,
which you know is not proper.
If you're asking me did I conceal
my personal disgust for Earl Williams,
no, I probably didn't.
I went after Earl Williams for that.
I went after him hard.
But am I guilty of misconduct?
It was Michael Kuzak who was held in contempt, not I.
It was Michael Kuzak
who was jailed for ex parte abuse, not I.
It was Michael Kuzak who shouted inadmissible evidence at a jury
after the trial judge disallowed it.
He was a desperate attorney doing his job.
What he refuses to understand is I was simply doing mine.
Oh my God.
I don't understand how he can show this to people.
He's a strange fella.
Are you sure its her?
I can't really tell.
Turn over.
-That's her.
-That's her.
-Oh...
-Wow.
She is cavorting with particular abandon.
[ knocking ]
Arnie, um...
-Oh.
-Al's here.
Taking a look at it.
No, uh
-
-
Hey, don't stop on my account.
We're nearly done.
Oh, no. It's okay,
you haven't even gotten to the good part yet.
Really?
-Oh, Al!
-I'm Al Vogel, by the way.
-Douglas Brackman.
-Hi, Stuart Markowitz.
Pleased to meet you.
She's something, isn't she?
Very nice.
Arnie, she called me this morning.
She wants to drop by and talk.
I guess I should have expected that, right?
She's not about to just give up, Al.
Hell, no, I'm looking forward to watching her squirm.
-Like that?
-I like it.
-You do like it, don't you?
-I do, I do.
-Oh, is that what you want?
-Yeah.
The partners considered your concerns this morning
very seriously, I might add,
and after weighing everything,
we elected to accept Anderson industries as a client.
I know that disappoints you.
Yes, it does.
If you choose not to do any work for
this client personally, I will honor your decision.
Oh, for God's sake. Listen, don't p
-
-
I'm sorry, Jonathan.
I don't think I can work here anymore, Leland.
Now that is rash, and you know it.
Yeah, well maybe it's time for me to be rash.
I'm a rich boy, Leland.
I had everything, everything.
And it was easy to forget I was black,
and that's exactly what I did.
You think because you're black
you have an obligation to sample oppression?
When I was at Harvard,
they had protests going on all the time over apartheid,
and divestitures.
See, I was always too busy studying to take part.
So what do I do after I graduate?
I get a job here at a downtown corporate law firm,
go for the pay check.
The thing is...
I never knew it was a firm that could represent people
who help finance South Africa.
Some day you'll probably head up your own firm, Jonathan.
And you'll see it gets complicated.
Sometimes you just have to compromise.
No, you always struck me as a man who didn't.
When you found out your bank was engaging
in redlining, you closed all your accounts.
You refused to join your own father's club
because they wouldn't admit Jews.
You, Leland, refuse to represent slum lords.
You refuse to represent union busters.
Hell, Leland, why can't you refuse now?
Because it was put to a partnership vote.
I took your concerns to the partners
and it was voted on.
Which way did you vote?
Leland?
I'm entitled to my own position, Jonathan.
Just at you're entitled to yours.
The problem is, you agree with me on this one.
And you still voted the way you did.
♪♪
[ knocks ]
Hi, Rochelle.
Where's your attorney?
I don't want him here.
Mine stays.
Fine.
So what do you want?
I want to know why you've come to hate me this much.
If I didn't have this videotape, you think you'd care?
You know, maybe I should leave.
No, I don't want to be alone with her.
Her lawyer probably sent her here to get me
to say something that they can use.
Al...
why do you think I made that tape?
I don't know.
Maybe you were bombed.
I made it because I knew it thrilled you.
Great. Sex as charity.
It also thrilled me.
More charity.
Look at me, Al.
I could be a little girl with you.
I could be a goofball with you.
Or I could be wanton and lewd.
I could be anything...
And you protected me.
Yeah... so what?
Why aren't you protecting me now?
Because I'm not your protector.
I'm your friend.
Isn't that what you introduced me as?
Your friend?
What do you want, Al?
What do I want?
I want to be your husband.
I want you to be my wife.
It's not going to happen.
No matter how much you want it,
it was once but it's not going to happen again.
-No.
-No.
Great.
Then... prepare to star in the masturbatory fantasies
of millions.
Let me tell you something, Al.
Making that tape was one thing,
but releasing it is something else.
Will I be mortified? Yes.
In the end, though, all that it proves
is that I made love to my husband.
What it says about you is that you're sick and you're mean.
It's not what you used to be, Al.
It's what you've become.
Isn't she a p*stol?
-Al?
-What?
Don't do it.
Now you're going to start.
There is a line, even in my business.
I think you're crossing it.
Can she win in court?
I think she can.
I think she can also sue you for damages.
That's another conversation.
What I'm saying to you right now is that you're wrong.
I'm out.
Then I'll get another lawyer.
Look, you're wounded, Al.
I understand that she ripped your insides out.
I go to sleep thinking about her!
I wake up thinking about her!
There's not one of us who hasn't been there.
And what am I supposed to do, just tough it out?
That's exactly what you do.
You face it down, as much as it hurts inside,
as much as it rips at your gut,
you just grit your teeth and you wait for it to pass.
And what makes you think it will?
Because it always does.
You just have to give it time.
On the other hand,
if you insist on this pathetic act of spite,
you may very well never live it down.
Leave it with me.
I'll messenger it over this afternoon.
Right.
And that'll be that.
Mr. Kuzak, the court has decided not to
entertain your rebuttal.
If it pleases the court, I would respectfully ask
-
-
Counsel, it would please the court if you take your seat.
All of us have reviewed the transcripts on this case
with a great deal of scrutiny,
and we unanimously agree that this was
an extremely balanced and close trial.
In fact, it could be argued that on the record.
the defendant appeared
to have established a reasonable doubt.
The jury obviously found otherwise,
which was certainly within their province.
But it cannot be disputed
that the prosecutor's ability
to establish the defendant as a liar
played an integral part in her ability
to secure a conviction,
and it is likely that the district attorney
never would have been able to do this
had she properly advised defense counsel
of the cards she was holding.
Now it is our custom to go into session
and issue written opinions.
But since our respective positions are
so clearly unanimous in this instance,
and since justice delayed in some cases
amounts to justice denied,
we are ruling now.
The surprise DNA evidence
prejudiced the defendant's right to a fair trial
under the United States Constitution.
Accordingly, we hereby set aside the verdict
and the death penalty,
and order a new trial to be scheduled immediately.
Oh, God. Thank you, God.
This matter is remanded to superior court for retrial.
Thank you, Mr. Kuzak and Miss Flanagan.
We're adjourned.
Oh, thank you. Thank you. Thank you.
I know someone we have to call.
What's this I hear about your changing your mind?
Well, I had talk with Jonathan
after which I decided he was right.
This firm should not be representing that client.
For God's sake, Leland.
Anderson Industries could increase our yearly revenues
by almost %.
I'm aware of that, Rosalind.
I didn't say it was an easy decision.
Well, you're obviously so prone
to vacillating over this,
let me ask you to reconsider again.
Nope, the decision is made, that's the end of it.
This firm has a far bigger problem than I ever realized.
Well, there'll be other big clients, Rosalind.
I'm not talking about clients right now.
I'm talking about the senior partner.
I'm talking about somebody who can't
make a hard decision when he needs to
because he's too afraid of risking his popularity.
What the hell is it with you?
Do you thrive on picking fights?
I thrive because I'm not afraid of them.
This isn't a country club, Leland,
where you get to be the golf pro.
It's a tough business,
and any firm if it wants to get ahead
needs a strong leader.
I have been running this firm for years,
and I don't need you to come in here
and tell me how to
-
-
You are running it into the ground,
which is why you brought me in, to save you.
Well, I can't save you from yourself!
I can't help you if you're going to exalt your sense
of altruism to this level of fiscal blindness.
If you're not happy, Ros,
you can leave through the same door you came in.
Believe it or not, I do care about this place.
That's why I came in here fighting right now.
Fine.
Well, this fight, you lose.
The decision stands. We don't take that client.
Are we clear?
Oh, yeah.
It's all becoming very clear.
♪♪
Criminal complaint number
-,
people vs. Earl Williams.
Margaret Flanagan for the people, Your Honor.
As you know, the defendant's conviction
was overturned yesterday
by the Supreme court of California.
We've refiled our complaint.
and the people ask that a new trial
be scheduled as soon as possible.
Michael Kuzak for the defendant
petition for leave to file a motion
to dismiss the complaint
as well as a motion to suppress the DNA evidence
of the prosecution.
I'll hear your motions next Tuesday at :.
Tentative trial date for the first week in April.
Seek bail modification, Your Honor.
Denied, same bail.
Your Honor, I'll also be seeking a court order
to instruct the Los Angeles police
to locate and detain Mr. Ronald Sewell.
Excuse me?
Mr. Sewell, more commonly know as Pinto
was the man seen leaving the crime scene by my witness,
Philip Michael Holden,
which witness you found to be unreliable.
Upon information and belief,
Mr. Sewell has recently been seen in the area
and the interests of justice would mandate
that he be picked up for questioning.
Mr. Sewell is not a suspect, Your Honor.
We're satisfied that the man who k*lled Nina Corry
is right there.
I can't tell the police who to pick up, Mr. Kuzak.
If they don't consider this Mr. Sewell to be a suspect,
I'm certainly not ordering them to do so.
He's obviously a flight risk, Your Honor.
If we don't pick him up, then
-
-
I'm sorry, but that's not within my authority.
Trial date for the first week of April.
I'll see both of you here next week
on the motion to dismiss.
That's all.
Well, we're back in the running Earl.
Thank you, Michael.
I've got to see some people. I'll keep in touch.
Obviously, we're very disappointed.
It's a very sad day
when a m*rder*r's conviction is overturned
on a technicality.
But I assure the people:
this office is dedicated to keeping Earl Williams in prison.
We'll do whatever
-
-
It's a sadder day when District Attorneys
disregard the laws they were appointed to uphold.
If there's any public disgust here,
it should be directed at Margaret Flanagan.
A lot of class, Michael. A lot of class.
You want to try this in the media, Margaret?
So will I.
You're the one who's grandstanding here, not me.
I can play the same game as you.
Mr. Kuzak, will your defense strategy
-
-
I have no further comment.
I'll see you in court, Margaret.
-Mr. Kuzak.
-No further comment.
Mr. Kuzak, I'm Johnny Kayle, we spoke on the phone.
Right.
Thanks for meeting me here.
Ronald Sewell, street name, Pinto.
Last seen around Olympic, Grand,
but he could be anywhere.
I want you to find out where he lives and search it.
Right.
Most of all, I want him.
When you find him, I want you to set up a meeting.
Are you asking us to hold him against his will, sir?
Absolutely not.
We'll get him for you, counselor.
Good.
♪♪