05x01 - The People vs. Gary Ewing

[bunniefuu]

[theme music]

[music continues]

[music continues]

[sirens wailing]

What... What's going on?

[man] Come on.

[intense music]

-It's Ciji. -What, she ran out of...

Dead.

What?

Ciji's dead.

[screaming and mumbling]

What? What? What?

-It's Richard. He's gone. -Where is he?

-Where? -Gone!

-What about him? Where? -He's...

He k*lled Ciji.

But I honestly don't know what happened.

Do you want me to tell you?

You k*lled her. That's what happened.

You hit her on the head. You dumped her in the water.

And you passed out like a rummy.

-That's what happened. -I don't know what happened.

-Did you k*ll her? -Yes... No.

I don't know. I could have. I don't know.

-He's under arrest. -What?

He'll be taken to the 23rd Street precinct.

You can see the bailiff about bail.

[Abby] What's he talking about?

[Baines] He'll be arraigned in 48 hours.

-On what charge? -m*rder.

[Valene] How good is his lawyer?

[Mack] Mitch Casey? Very good.

-Is he working for Gary or Abby? -What do you mean?

I mean that she seems to have a way of calling the shots.

Casey's better than that.

Could I possibly hire another attorney?

Let me tell you something, Val.

The best attorney in the country can't defend

his client if his client won't let him.

Gotta open up and help defend himself.

Okay, if you want to discuss it, we will.

-Well, I do want to discuss it. -Chip and I are in love.

He's got big things going for him in New York, and I want--

-Well, you're not going. -Karen, Take it easy...

You stay out of this... Diana. Diana!

Look, if you want to talk, we'll talk

when you're ready to cool down.

Right now, I have to finish packing.

I'm sure as hell not innocent.

I've seen you hurt yourself for many years.

But I have never, ever seen you hurt someone else.

And you wouldn't have hurt Ciji.

You don't know that.

Lilimae, is Chip around?

[scoffs] Seems like everybody's looking for Chip today.

What do you mean?

Well, a little earlier, a funny-looking man

was here asking for Chip.

Private eye. Real one.

Said Chip wasn't Chip, Chip was Tony-somebody,

and he's wanted in Seattle for as*ault and battery.

Oh, my God.

-Where is he? -He's gone.

To New York.

Karen!

[instrumental music]

Diana!

[music continues]

[tires screeching]

Well, she was wearing a pair of cut-off jeans, shorts.

And a T-shirt.

She has short, brownish-blond, curly hair.

She drives a gray compact.

-Oh. Honey. -Hi.

Alright, we'll do everything we have.

Here, this is it.

"Wanted, Tony Fenice, wanted by the Seattle Police Department

for as*ault and battery."

-Maybe. -What do you mean, maybe?

Mrs. MacKenzie, this is not an official police report.

A private investigator gave it to me, Ronald Mackey.

He was hired by a woman in Seattle.

Mackey could be anybody.

He could be a bill collector chasing a bar bill.

[Valene] All the way from Seattle?

Well, I'm just saying that we shouldn't assume the worst.

I know Chip Roberts, and I believe this.

Mrs. MacKenzie, you don't even know for sure

that your daughter's with Chip.

She told me she was leaving with him. You saw her bedroom.

[Lilimae] I saw Chip with his bags just a few hours earlier.

Put out an APB on this Roberts.

Diana's with him, and she could be in danger.

Mack, I have to check it out first.

Hey, check it out. Do it fast.

Treat it like a cop's kid.

I'll need a picture of your daughter.

I'll get one.

Isn't Chip supposed to testify at Gary's hearing?

He's been subpoenaed.

Well, what if he doesn't show up?

Wouldn't that affect the hearing?

Yeah, you're damn right, it would.

[intense music]

Janet, the longer you wait.

You know I can't reopen this case

while there's still charges against Gary.

Unofficially.

You're asking me to put my job in jeopardy.

Do it for Karen's sake.

Do it for my sake.

Mack, you know as well as I do,

the DA is not going to undercut his case against Gary.

Janet, I'm either going to do it with you or without you.

Look, Mac. Look, Mitch Casey's a brilliant lawyer.

Wait till after the hearing.

You know that Chip Roberts

is the k*ller, don't you?

Officially, Gary Ewing has been charged--

Do you or don't you?

After the hearing, it might be different.

Do you or don't you? Answer my question.

Accusing Chip Roberts of m*rder is unfounded.

That's not like you.

I'm gonna do everything in my power to get her back here.

I'm gonna call in every IOU that I have or think I have

to get her back here safe and sound.

Well, you do that, Mac.

Just remember, I don't owe you a thing.

[instrumental music]

When we post bail, I want you to have

Gary released in my custody with the provision

that he only be released if he enters the sanitarium.

I'll see what I can do.

Now, there's no point in having him right back where he was,

drunk and out of control.

Hay, Casey says he could have won this case.

You fired him, didn't you?

I called him last night.

-And? -I told him.

He didn't take it well.

Abby...

I haven't practiced any criminal law for years.

It's alright. You can do it.

No, no, I can't even tell the head of my firm about this.

He hired me as a corporate lawyer.

It's going to be hell to pay when he finds out.

Jim, listen to me.

I know a lot of very successful

and powerful men in this country.

J.R. Ewing, for one.

And they all have a very rare characteristic in common.

They all have a sense of destiny about themselves.

Crises, challenges, they're opportunities for them.

They succeed because they won't let themselves fail.

I felt that sense of destiny about you

the very first time we met.

It's what attracted me to you.

It's what I'm counting on now.

Look...

I know I'll be satisfied with your performance.

I know the head of your firm will be, too.

This sanitarium provision will be managed.

[automated message] Hello. This is Ronald Mackey.

Please leave your name and phone number at the beep,

and I'll get back to you. Have a nice day.

Have a nice day.

[sighs] Every time I call that

private investor, all I get

is this damned answering machine.

You know what I'll do? I'll go to his office.

What's his name, Mackey?

I'll see what I can find out.

Mackey.

Private eye.

Karen, we'll get her back.

I know.

Karen...

we'll get her back safe and sound.

You were right.

What about?

[sighs]

You warned me not to open my big mouth and push too hard.

You were concerned.

It was the worst thing I could have done.

I just...

I pushed her right into a corner.

It might've given her a chance to change her mind.

And what were you supposed to do?

[softly] I don't know.

I don't know anymore.

You know, he told me.

that he lived his whole life in Syracuse, New York.

That he worked in some watch factory after school,

saving every penny.

And he came here on a bus

with only $35 in his pocket.

Mack seems to think that this Mitchell case

he's going to be able to win the case again.

Did he tell you that story too?

[sighs]

Mama, I never really got to know him the way that you did.

Did you see that look between Mack and Lieutenant Baines?

Detective Baines, mama.

When you asked about Chip?

Well, look. He's got that whole case against Gary.

Chip was almost a whole year in our house.

And I learned a lot of things

during that time that I never told you.

Mama, I have got to get going.

I've got to get down to the hearing.

-I'll see you later, alright? -Oh.

[sighs]

[intense music]

[knock on door]

Mackey.

[music continues]

...looking for any Mrs. Ewing, but anybody who comes up.

I want them to be ready. Come on over here, Ferguson.

Get them ready.

[reporter 1] That's Abby Cunningham. Let's go.

[reporter 2] Let's do it.

Mrs. Cunningham. Just a question, please.

[reporter 1] Mrs. Cunningham, can we ask you a question?

[man] Mrs. Cunningham has no comment.

What are your hopes for the hearing?

No comment at this time. Thank you.

-Have you talked to Gary today? -[man] Thank you very much.

Mrs. Cunningham has no comment at this time.

[reporter 4] Is it true that Gary...

Are you planning to marry him?

Mrs. Cunningham has no comment.

How has all of this changed...

How are you and his children...

[reporter] What about all about the outcome of the hearing?

[indistinct chatter]

This should be a piece of cake.

I know what he's gonna try. I've got it all worked out.

Uh, Gus.

How' does it look, Mr. Casey? Gonna win this one?

Oh, this is an early lunch, Gus.

Early lunch?

[indistinct chatter]

Excuse me. Would you mind moving over one? Thank you.

I wouldn't want to get in the way of you and your lady friend.

-Thank you. -Glad you're here.

Yeah.

Karen couldn't make it. She wanted to stay home

and wait for a phone call from Diana.

That's okay.

Excuse me, sir.

[sighs] Now, the most important thing is...

Don't worry. I remember.

-I'm not worried. -[Casey] Morning, Abby.

What are you doing here?

Well, I'm here to defend my client.

-I fired you. -[Casey] You can't fire me.

[Abby] I most certainly can fire you.

I don't work for you, Mrs. Cunningham.

I work, uh, for Gary.

Well, from now on, Mr. Westmont will handle Gary's defense.

[Casey] That's impossible.

[Abby] Look, in all this time,

you have done absolutely nothing, so I--

Mrs. Cunningham, you are merely a friend of the defendant.

You're not part of his family.

-I don't care what you say, I-- -And you're not his wife.

You're merely a friend. And as long as Gary

has me on this case, I'll be here.

That's ridi...

-What's the matter? -Gary, honey...

[Casey] She doesn't want me defending you.

What? What are you talking about?

[man] All rise for the Los Angeles...

The court is now in session.

[Abby] I had to, Gary.

[gavel thumping] Order.

I can fight for myself.

-I don't need you. -[judge] Order.

Order. Order.

Bailiff.

We'll take a 30-minute recess until order is restored.

And I want to see the defendant

and the attorneys in my chamber.

[man] Court will reconvene in 30 minutes.

[intense music]

Great.

Gary, I'm only doing what I think is best for you.

Jim Westmont's been helping me raise your bail money,

and I think he's terrific.

Now, Casey may have a great reputation,

but what has he done for you?

I mean, he had your bail set at $5 million.

And did you know that he wanted to go to Ms. Ellie

for the bail money even after...

Judge Ritter is ready to see you now.

Gary, I think it's--

You can't keep the judge waiting, Gary.

This meeting is for the defendant

and the attorneys involved only.

[sighs]

Mrs. Ewing, has your husband spoken to you about this case?

Why did you try to confess to the crime?

[indistinct]

Ladies and gentlemen, please, Mrs. Ewing

has nothing to say right now. Excuse me.

[people clamoring]

Hey, she has nothing to say, I'm sorry.

What are you doing?

I'm sorry. It just seemed like the gentlemanly thing to do.

[woman] Excuse me.

Hello?

Do you have an appointment with Mr. Franklin?

How does your boss get out of here

when he doesn't want to see people?

Thank you.

Uh, I would like...

It's all clear.

Well, do you have any idea where we're going?

The secret passageway leads out of here.

Of course, nobody ever told me about it. Oh, that's not it.

If you're any of the Yankees in burning Atlanta,

there's no time to answer any questions.

Mrs. Ewing, just hoping you can answer a few questions.

Just right here. This door.

-No, don't... -I knew that, really.

Is this what you had in mind?

It's not much, but, uh, we like it.

[reporter 1] Hey, wait a minute. Where are they?

[reporter 2] Let's try that way.

Who are you?

I'm ready to prosecute, Your Honor.

They should be ready to defend.

Mrs. Cunningham hired me to take over the defense.

Mrs. Cunningham is not the defendant.

She has Mr. Ewing's power of attorney

to handle all of his legal affairs.

I can't believe after all the time you've been given

that this defense is in such disarray.

What kind of law do you practice, Mr. Westmont?

I am a junior partner with Burke, Howard, and Anderson.

Mostly corporate.

[scoffs]

The defendant has the right to choose his own counsel.

Which of these attorneys do you want, Mr. Ewing?

Mitchell Casey.

[judge] Well, I'm sorry, Mr. Westmont,

but you're gonna have to find another partner for the dance.

Mitch, I need some time to talk to you

before we go back in there.

Okay, fine.

Your Honor, I need a postponement

of this hearing until tomorrow.

Is that acceptable to you, Mr. Gould?

Your Honor, I--

Is that acceptable to you, Mr. Gould?

I have no objection, Your Honor.

Thank you, Your Honor.

[door opens]

Karen, what are you looking for?

Anything. A clue. An indication. I don't know.

Diana's a smart girl.

She's gonna realize what she's done.

And then what?

He'll never let her get away that easy.

Oh, she'll be back. You'll see.

Look at this place. Empty.

Like she knew she was never coming back.

[Lilimae] There's gonna be a perfectly

reasonable explanation.

Lilimae, I know you're trying to help.

Now, Karen, listen.

When I was about 14, I ran away from home

without so much as a wave good-bye.

I put all my belongings in an old cardboard valise

and thumbed a ride to Nashville.

I was gonna try out for our local pageant there.

♪ Oh pretty girl ♪

Well, when mama saw the valise was missing,

oh, she was sure

something awful was happening to her Lilimae.

She called the sheriff. He called out the cops.

And before I knew it, I was being escorted home.

Mama was hugging me and crying

and praising the Lord for my deliverance.

And I'd only been ten miles away.

Oh, my God.

Karen, what is it?

Diana's bank book. She's withdrawn all her savings.

She's really gone.

[instrumental music]

Mack, what's going on? What's happening?

Nothing. It just means there's a recess until tomorrow.

-Are you okay? -Mrs. Ewing...

[reporter] Why didn't you return to court right away?

[reporters clamoring]

[camera shutter clicking]

Detective Baines.

Listen, now that Gary's hearing has been postponed,

are you going to look for my husband?

It's only been postponed till tomorrow.

Well, he could be getting farther away.

Look, I know your husband left you, Laura.

You're upset.

That's not why I'm upset.

Look, why don't you talk to Gary's lawyer?

Maybe he can use it.

There's nothing I can do for you.

I'm sorry.

Janet. Janet.

Mack, I gotta go.

I'm not going to wait another 24 hours.

-Mack, my hands are tied. -Well, then you untie 'em.

This delay could mean we lose Diana forever.

[Mackey] Excuse me, Detective Baines?

[Baines] Who the hell are you?

My name is Ronald Mackey.

I'm a private investigator.

You're Mackey?

Could you tell me, does a Tony Fenice

have anything to do with this case you're working on?

Okay.

[instrumental music]

Well, Nick, I checked it out.

Chip Roberts, alias Tony Fenice.

Wanted for as*ault and battery on a woman in Seattle.

Still doesn't mean anything.

We made a mistake.

Oh, we've made so many mistakes.

Janet, we've got a damn good case against Ewing.

jaThe DA told us he was satisfied.

And if I know Gould, he's got something up his sleeve.

This won't make one bit of difference.

What are you doing?

Yes, this is Lieutenant Baines.

Yes, I'd like to speak to Andrew Gould, please.

Janet.

He's the deputy district attorney.

Everyone's been patting our backs on this case.

-Everyone. -Andy?

Uh, Andy, this is Janet.

We've got big trouble on this Ewing case.

[intense music]

[Abby] Gary, I hired Mitch Casey in the first place.

He says I'll probably be out of here by tomorrow.

[Abby] When you wouldn't even fight for yourself.

When you didn't want a lawyer.

When it looked like he'd win, you fired him.

What are you accusing me of?

I don't know if I can trust you.

Trust me?

Look, when you first started drinking,

when you were staying out night after night,

when I didn't know where you were or who you were with

or if you were dead or alive...

You fired him, Abby.

We sat here, right here in this police station,

and I said to you, Gary, more than anything in the world,

I want you back home again. And you said to me...

I know what I said.

You said to me, "More than anything else in the world,

I want a drink."

What was I supposed to do?

Get you out of jail so you could go right back to it?

I'm gonna stay sober.

That's what you always say.

I'm going back to AA.

How do I know I can trust you?

Karen?

Karen?

What did they say?

I think they'll drop the charges.

-Is it official? -Yeah, you know that guy Mack?

He's no schlub. He is a private investigator.

Now they can start looking for Diana first thing in the morning

if the DA drops the case.

Wait a minute.

What do you mean if the DA drops the case?

-Oh, he will. -And if he doesn't?

He will.

[knock on door]

Come on, I know guys like that.

They're ambitious.

You know, they want that perfect score.

Mack, I'm sorry to bother you,

but I saw you talking to Janet after the hearing.

I know the two of you are good friends.

What are you doing here?

I would like you to help them look for Richard.

-I'll do whatever-- -Richard left you.

Why don't you just let him go?

-Karen. -He's not a m*rder*r, Mack.

-[Laura] You don't know that. -Laura.

I cannot get Janet to tell me anything.

Laura.

Every time you scream for the police,

you help Chip get further and further away.

I want Richard brought to justice.

Leave him alone!

-Not after what he did to Sid! -He did nothing!

-He did nothing! -Karen!

[Karen] He did nothing.

[instrumental music]

Mommy?

Mommy?

[Laura] What, Jason?

Can you help me with my math homework?

Sure.

Are you supposed to subtract or divide?

Well, let's see. Um...

Subtract. I'll do it for you, okay?

Mommy, where's daddy?

I told you, Daddy's gone away for a while.

But it's already been so long.

I know.

[Jason] Why didn't he take us with him?

Because daddy went somewhere where we couldn't go.

-On a trip? -Mm-hm. On a trip.

Well, why couldn't we go?

Look, sweetie, you know daddy loves you very much.

Daddy loves both of us.

But sometimes things happen,

and people have to leave their home

and the people they love.

I'm sure wherever daddy is, he misses you very much.

When am I going to see him again?

I don't know. I don't know.

But don't worry about it, okay?

-Don't worry about it. -Okay.

[waves crashing]

Alright. Suppose he is let off tomorrow.

Is there anything that we've done that he shouldn't see?

He's not going to go through the books, is he?

After today, who knows what he's going to do?

There's nothing he can't see.

What if he starts drinking?

We inserted a Diminished Capacity Clause.

[Abby] I know that, but what if he breaks the contract?

One-sided?

He can sue.

Will I retain power of attorney?

He'd have to execute a new document to revoke it.

Is he likely to do something like that?

Abby, I can't say it often enough.

The real protection is to marry him.

How's Lucy?

What?

How's Lucy? It's been a while since you've seen her, huh?

Do you ever hear from her?

Yeah, sure, she calls.

She called me a few days ago.

-How is she? -She's fine.

She's fine. She, uh, she sounds happy.

She sounds real happy.

You know, I remember when you first moved here.

Before Lucy came to see you.

Whenever anyone would mention their children, you'd...

listen to them brag.

You'd be real happy for them, but...

You've got this look on your face.

I know what you were going through.

Come on, Karen, that's not the same thing.

My daughter was taken from me.

Now you, your daughter loves you.

I don't know, that fight we had before she left.

-What if she never calls now? -Karen, she will call you.

-But what if she doesn't? -I know Diana.

I know how close you both are.

And she will call you.

She'll call you because she loves you.

[instrumental music]

Val, how long has it really been

since you talked with Lucy?

Not long.

Seven or eight months.

[Karen] What happens if I never see her again?

[violin music]

-[Carol] Mr. Casey? -Hm, Carol...

There's a Mrs. Avery here to see you,

She says it's very important.

[Laura] Excuse me. I'm sorry. Excuse me.

Mr. Casey, I, uh, I know it's late.

Maybe I, maybe I shouldn't even.

No, no, that's alright.

Uh, look, I can't get Detective Baines

to take me seriously.

She says she can't do anything.

She won't even try to look for my husband.

And he k*lled Ciji.

Well, what makes you so sure about that, Mrs. Avery?

It all adds up.

Richard resented Ciji.

He never wanted her to sing at the restaurant.

He had this, this dream of what he thought

the restaurant could become.

And like all of his dreams, it was totally unrealistic.

When she sang and that brought in the customers,

he never forgave her.

When she and I became friends, he blamed her

for the problems in our marriage.

You know, the afternoon that she died,

he attacked her and threw her out of our house.

He blamed her for breaking up our marriage.

He accused us of being lovers.

Yes, but he, uh, told the police that he was just

joking when he said that.

That was no joke.

He could not account for where he was

during the time she was k*lled.

He showed up later that night at Daniel.

He was a mess, and he refused to say where he'd been.

Mr. Casey, my husband had a nervous breakdown

two years ago.

He held me and my son at gunpoint for 12 hours.

And now he disappears in the middle of the night

without a goodbye or an explanation.

He even cashed in his insurance policy the day before he left.

He fixed the garage and the drainpipe

as if he knew he was never coming back again.

Am I making any sense?

Yes. Actually, uh, sounds very convincing.

Good.

Mrs. Avery...

I can't help you find your husband.

I don't want my husband back.

I want him brought to justice.

I'm sorry, Mrs. Clements.

I already have a client in Seattle

who's hired me to find him.

How long have you been looking for Chip?

Little over two years.

Well, maybe this would help you move a little bit faster.

Mrs. Clements, it's not a matter of money.

Well, what is it a matter of? Interest? Concern?

Look, Diana Fairgate could be anywhere with him.

-We don't know. -Mrs. Clements--

Don't tell me there's nothing I can do.

Why didn't you tell me you knew Tony

the day I showed you his picture?

-Chip. -Oh, I don't know.

I was so shocked.

When did he stop living in your house?

The day you came to see me.

Oh, he told me so many lies.

-You should have told me. -Oh?

You should have told me the day I talked to you.

That's the closest I've come to catching

that kid in over two years.

Oh...

The green beans are a little overcooked.

A little salt might help.

Okay, pass the salt.

Um... After dinner, why don't you guys wash the car?

-Tonight? -[Mack] Yeah.

[Michael] After dinner?

And, uh...

[sobbing]

[Mack] And tomorrow after school.

[Michael] No, Mack, we have a game tomorrow. Remember?

Karen...

[sobbing]

Mack...

[judge] People versus Gary Ewing.

Let the record reflect that the defendant is present in custody

and is represented by his counsel, Mr. Mitchell Casey.

That the people are represented by

Deputy District Attorney Andrew Gould.

This hearing is being held to determine whether or not

the people have a strong enough case to bring

Gary Ewing to trial.

Is the defense ready, Mr. Casey?

Yes, Your Honor.

Proceed, Mr. Gould.

Your Honor, the people are asking a m*rder indictment

against the defendant, Gary Ewing,

in the death of Ciji Dunne.

Call your witnesses, Mr. Gould.

The people call Clara Mattson.

Mrs. Mattson, what was your relationship with Ms. Dunne?

I liked her.

[people murmuring]

Didn't she live in your apartment building?

Oh, yes, I was her landlady.

Yes, for almost a year.

And do you know the defendant, Gary Ewing?

Well, I've seen most of Ciji's friends.

Did you see Mr. Ewing visit Ms. Dunne

on the day of her death?

Yes, he visited her late that afternoon.

[Gould] How did Mr. Ewing appear to you

on the day that Ciji died?

About the same as usual.

He was drunk.

He was yelling, because Ciji couldn't

get the door open fast enough.

[Gould] Did she take him in, in that condition?

Ciji would never turn him away.

Mrs. Mattson,

did you ever see Ciji Dunne alive again

after she let him in that afternoon?

No.

[people murmuring]

[gavel thumping]

Mrs. Mattson, besides Mr. Ewing,

did Ms. Dunne have any other frequent male visitors?

You mean Chip Roberts?

How about a grilled cheese sandwich

with that mustard you like so much?

Mom?

Oh, I'm sorry. No, I'll fix something later, honey.

Mom, I'll take Mike to the dentist.

And if you want anything from the market...

[phone ringing]

Hello? Diana!

Oh.

I'm sorry.

Yes, he is.

Hello? Oh, Gina.

I can't talk right now.

We're expecting a call.

Okay. Bye-bye.

Things are going to be alright, mom.

Mrs. Avery,

what is your relationship to the defendant?

We're friends. Gary used to live in our cul-de-sac.

I understand from your deposition

that Ms. Dunne visited your home on the day of her death.

Could you describe her emotional state during that visit?

She was upset.

She said that Gary had passed out drunk on her couch.

[Gould] Was she frightened at having

Mr. Ewing in her apartment?

She was upset.

She didn't like to see him doing that to himself.

Did you ever see Mr. Ewing act violently toward Ms. Dunne?

No.

Mrs. Avery, did you or did you not

tell Lieutenant Janet Baines

that Mr. Ewing crashed in drunk

at Ms. Dunne's recording session and struck her.

He knocked her down, but that was an accident.

[Gould] Just answer the questions.

Yes.

According to your deposition,

you cleaned Ms. Dunne's apartment

on the day after her death.

Did you find anything there belonging to Mr. Ewing?

I found his jacket.

[Gould] Thank you, Mrs. Avery.

[Laura] But Ciji and Gary were friends.

A jacket does not mean anything.

That will be all, Mrs. Avery.

You know, you're prosecuting the wrong man.

-Mrs. Avery, please. -[Laura] Gary did not k*ll Ciji.

You should be looking for my husband.

He's the one that k*lled her. Gary's innocent.

[gavel thumping]

Strike that from the record.

We'll take a 15-minute recess.

Why is it that these people are ready to accuse

anyone and everyone except our suspect?

Maybe because our suspect didn't do it.

Look, I have a case against Gary Ewing,

and I'm going to get him.

-I have to take the stand. -Absolutely not.

I've got to try and explain.

Look, Mitch, I may have done a lot of rotten things

in my life, but I couldn't have k*lled Ciji.

-I know that. -[Gary] Then let me testify.

[Casey] I will not put you on that stand.

-Mitch, it's my right. -It's your right not to testify.

And before I put you on that stand, you'll have to fire me.

Mr. Ewing was informed of his rights,

and he made his statement of his own free will.

Your Honor, at this time, I'd like Mr. Ewing's confession

to Lieutenant Baines and Officer Morrison,

marked into evidence as people's--

Objection, Your Honor. Mr. Ewing's statement

was given under duress.

Your Honor, both Lieutenant Baines

and Officer Morrison have just testified that Mr. Ewing

made his confession of his own free will.

This is a hearing, not a trial, Counselor.

I'm going to allow the statement in for now, Mr. Casey.

-Your Honor. -Your witness, Mr. Casey.

Lieutenant Baines, did you investigate

any other suspects besides the defendant?

Well, yes, we investigated Mrs. Ewing.

But we released her because the facts of the crime

did not support the confession.

And we also interviewed Mr. Chip Roberts.

Chip Roberts had reportedly had a sexual relationship

with Ms. Dunne, and he agreed to and underwent a blood test.

And what were the results of the test undergone by Mr. Roberts?

[Gould] Objection, Your Honor. The results

of Mr. Roberts' blood test are not relevant here.

Overruled, Mr. Gould.

Lieutenant Baines?

Well, the results of the blood test did not rule out...

that Chip Roberts could be the father of Ms. Dunne's child.

[people murmuring]

Was Richard Avery investigated as a suspect as well?

[Baines] He was interviewed.

Didn't you and Inspector Morrison both

conclude that Mr. Avery had motive to k*ll Ciji Dunne?

Perhaps.

[Casey] Wasn't Mr. Avery unable to provide an alibi

as to his whereabouts during the time of the m*rder?

[Baines] Yes, he was.

Wasn't he, in fact, missing from an important event

at his restaurant, which he himself

had organized during that time?

And since then, hasn't he fled town without

giving any information as to his whereabouts?

Yes, he has.

Now, Lieutenant Baines, this statement by Mr. Ewing,

which the prosecution is calling a confession,

isn't it, in reality, no more than an admission by Mr. Ewing

that he cannot remember what happened that night?

Although he said he could have k*lled

Ms. Dunne, in fact, wasn't he really saying

he couldn't remember anything?

You might be right.

[people murmuring]

[gavel thumping]

Lieutenant Baines,

if Mr. Ewing had not made this statement,

would you have arrested and charged him in the m*rder?

No.

[people murmuring]

[gavel thumping]

Why not, Lieutenant Baines?

Why not, Lieutenant Baines?

Because without Mr. Ewing's statement,

we didn't have sufficient evidence.

[people murmuring]

[gavel thumping]

No further questions, Your Honor.

[judge] Mr. Gould.

Mr. Gould.

People, rest, Your Honor.

[gavel thumping]

[gavel thumping]

You wish to call any witnesses for the defense, Mr. Casey?

No, Your Honor, the defense rests.

Are there any motions?

Your Honor,

the statement of Mr. Ewing admitted in evidence

is a statement of no more than, "I can't remember."

Above and beyond that, the prosecution has only proven

that Mr. Ewing was acquainted with the deceased

and that he and Ms. Dunne were friends.

That may be enough to make him a suspect in this case,

but by Lieutenant Baines' own admission,

there is not enough evidence in this case

to bring it to trial. I move...

that the charges against Mr. Ewing be dismissed

on the basis of obviously insufficient evidence.

The defense motion is granted.

The case is dismissed.

Defendant to be relieved from custody forthwith.

Court is adjourned.

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