06x06 - Badfellas
Posted: 12/19/23 07:32
Previously on "L.A. Law"...
I have a confession, Stuart.
Now?
You were right about Nick.
He's wonderful with Matthew.
I was being a chauvinist.
I had a knee
-jerk reaction to a male nanny.
Oh, and if you read him "My Little Pony,"
he goes right to sleep.
But he won't go in the bathtub without Kermit.
You've got all the emergency numbers by the phone.
both ours and the Carrs.
-See you tonight!
-Papa.
You're not a litigator, Stuart.
Yeah, well, I don't wanna spend my life as a lawyer
without doing at least one trial,
and this is a pretty simple case, right?
I think the client would be more likely
to expect one of our regular litigators on it.
With all due respect, Leland,
your regular litigators are scoffing at it.
I think the client would like to see the case
in the hands of a lawyer who took it seriously.
Your Honor, this is interference with the defense.
Perception is fair game at any trial,
except, apparently, this one.
-You're in contempt
-
-
-I move for a mistrial.
Denied! You're getting a hearing when this is over,
and probably a jail cell!
I continue this trial under protest!
So noted! Now shut up!
The jury will disregard Mr. Kittredge's outburst
and his bad manners.
Fred Kittredge, my new associate.
I promised a hired g*n, I deliver.
The eminence, Leland McKenzie.
Pleased to meet you.
This is Gwen Taylor.
We've met.
My client is a respected businessman.
This hearing is prosecutorial harassment.
Is it true you expected Miss Thomas
to drop the m*rder
-one charge against Mr. Viola?
Well, let's put it this way.
It's gonna take our new district attorney
some time to get her bearings,
but if you'll look at a map,
she'll find that Hollywood is north of the .
Hollywood is where this mafia fiction belongs.
Mr. Stefanini wasn't whacked by mobsters in a movie.
He was ex*cuted in his own garage.
and Pauli "The Boss" Viola was indicted for that crime
by a grand jury. He should be in custody.
On what grounds do you hope to revoke Mr. Viola's bail?
Woman: There he is!
[reporters shouting]
In answer to your many questions,
it's a boy.
Seven pounds, six ounces.
Man: Congratulations.
Is this a big event for your family?
Oh, yes. And I'm still not answering to "Godfather."
As of today, you can call me gramps.
What do you think of today's hearing, Mr. Viola?
I just wanna get it over with so I can go home
and bounce my new grandson on my knee.
So you expect the bail decision to be upheld.
I give
- over the prosecution.
If he were a gambling man.
[reporters shouting]
Case number . People vs. Viola.
Your Honor, the People move that the court
reconsider its decision to grant bail to the accused.
Your Honor, this is an outrageous request on the eve of trail.
Nothing's changed since the original bail hearings
except the personnel in the District Attorney's office.
Mr. Viola's no flight risk. Here he sits.
The prosecution's already exhausted its attempts
to paint him as a threat to the community.
What are we doing here?
When Mr. Viola posted his bail of $ million,
it was said to come from legitimate business assets.
Primarily the
-V Trucking Company.
That is correct, Miss Thomas.
My inquiries reveal that only a small portion
of the money came from this business.
Most to be traced to deposits in offshore accounts.
Bail monies cannot be the result of criminal activity.
Your Honor, I'd like to show this deed
as proof of Mr. Viola's ownership of his
ancestral home in Palermo, Sicily.
Please note the signature of Mr. Antonio Viola,
attesting to the mortgaging of this farmland
for billion lira.
Roughly $. million.
And what distant relation is this Antonio Viola to the accused?
I hope Miss Thomas isn't suggesting it's criminal
to be part of a large family.
Your Honor, it's human nature
to resent Mr. Viola's prosperity
-
-
I don't resent Mr. Viola's wealth.
The People resent his m*rder of Mr. Stefanini.
Let's save that for the trial, shall we?
Miss Thomas,
the bench doesn't want a happy or vigorous
pursuit of this case,
but this document satisfies the court.
Mr. Viola's bail is continued.
He's free to go, pending the outcome of this trail.
I couldn't have done better myself. Ha ha!
Don't smoke that yet, Mr. Kittredge.
When I'm finished, your new family
will have nothing to celebrate.
[theme music playing]
Next, the sh**ting Stars Vs. the Hollywood Hoopsters.
Wrongful termination.
I don't believe you took this on.
All you do is handle their taxes.
Yeah, and I'm not a litigator.
This is really getting old, Douglas.
You have no case, Stuart.
These women breeched their contract.
They were hired to perform with the Hoopsters.
Yes, and they had the unmitigated gall to actually win a game.
Everybody knows they're supposed to lose.
That is part of the show.
Yeah, but it doesn't have to be that way.
Arnie, the Stars get carried away.
Both teams start to play basketball,
and the crowd goes crazy.
To me, that's entertainment.
And the fact that the Stars win
is no reason to dump them.
-I agree.
-I don't.
I think you have major problems.
Oh, my God. Speaking of problems.
-Oh, no.
-Don't tell me.
Our new tenant offered you rent you couldn't refuse.
This isn't a laughing matter.
I can't believe we're sharing offices with a Mob lawyer.
It's not clear he's a Mob lawyer.
Susan Bloom assures me Mr. Kittredge
doesn't make a practice of defending these types.
That is not the point.
This is organized crime.
And if he wins, they're gonna want him on retainer.
And they don't like to hear no for an answer.
Are we saying Viola's isn't entitled to representation?
No, we're saying our firm could be jeopardized
by this association.
Obviously, we don't as yet know Mr. Kittredge.
We know he's ambitious.
He bills in the high six figures.
On that note, we're adjourned.
Wait! You can't go in there!
It's all right, Sara. I was expecting Mr. Kittredge.
I got your messages.
Apart from the mess, I am sill moving in.
Where are you putting the trophy
you expect for framing my client?
Trophies are kind of a male thing.
I'm planning this whole wall
for Mr. Viola's ugly head itself.
Stuffed and mounted.
Hmph. Too bad your case isn't stronger.
My client didn't care about Vincent Stefanini.
He was nothing but a low
-level employee.
He was an old rival.
And he was marrying his daughter into a drug empire.
That kind of power
-play enraged Viola.
If you could prove that, you wouldn't need
to lean on me the first day of trial.
What is this garbage?
Every client I have with a plea bargain pending
has been turned down.
A
-year
-old kid has been denied his juvi status?
This is extortion.
Not at all.
I'm new here, getting to know people.
I've gathered you're an important man,
an asset to Mr. Viola and his friends.
And in light of that,
I've decided to review all your cases.
And screw with my client's rights.
If you so concerned about your clients,
tell them to get other representation.
Are you trying to thr*aten me into pleading this case out?
I'm trying to get your attention.
If I wanted to thr*aten you,
I would mention a conversation between you and Mr. Viola
which the FBI may have on tape.
Whatever conversation you're referring to
is protected by attorney
-client privilege.
Not if it suggests conspiracy to commit perjury.
Like inventing a cousin in Palermo?
[chuckles]
Are you charging me with something, Miss Thomas?
Not at the moment.
Then excuse me. I'm due in court.
[door slams against wall]
-Stan?
-Morning, Stuart.
How are you?
I think you all know each other, right?
Yeah, look, we're a little short.
-[chuckles]
-Time
-wise.
So, maybe we should just get started.
Yeah.
Which, uh, which one is Mr. Lipscomb?
-Right here.
-Dan Lipscomb.
Eddie "Fast Break" Foster. Jeff Kramer.
Okey
-dokey.
Mr. Lipscomb,
you're the, uh, general manager of the Hoopsters?
So it was your decision to hire my clients, wasn't it?
Yeah. Girls were a novelty,
to help spice up the act.
In the first show, they were fine.
They did just what they were supposed to.
What exactly was that, Mr. Lipscomb?
To look good.
Help with the trick sh*ts.
Then back off and let the Hoopsters shine.
Stuart: In other words, they were supposed to lose.
But it doesn't specifically say that
anywhere in the contract, does it?
It don't state anything about a game either.
Page four.
"The sh**ting Stars agree to participate
"in an exhibition of basketball wizardry,
performed by the incredible Hollywood Hoopsters."
But there was a clock and referees and time periods.
I mean, this could be construed as an exhibition game, couldn't it?
Nope. In the Definition section, page .
"We define the term 'wizardry.'
"i.e.: The demonstration of extreme Hoopsterism.
preferably the expense of the opposing team."
Does that sound like a real game to you?
Well, it could under certain circumstances.
Then you don't know the definition of Hoopsterism, huh?
No, I don't. What page is that on?
This one.
Yeah, show 'em how it's done, boy!
Here we go Here we go!
There it is! Uh
-huh!
Do it, baby! Yeah!
Here we go! Here we go!
All right! All right!
Is it comin'? Is it comin'?
-It's comin', baby!
-I'm ready!
Ha! Whoa! Ha!
Ha! [laughs]
-Whoa!
-Psych!
[players laughing]
I woke up to what I thought was a car backfiring.
IUt was : in the morning of my wedding day.
Were you surprised that your father was getting home so late?
Not really. He'd been at the bachelor party.
What did you do after you woke up?
My father didn't come inside, so I went out to the garage.
I thought maybe he'd had too much to drink.
What did you find in the garage?
My father was lying on the floor,
beside the open car door.
Blood was splattered inside the car,
and I saw the b*llet hole in his chest.
Just a few more questions.
What did you do next?
I ran inside and called an ambulance and our priest.
A few minutes later, Uncle Nick,
my father's brother who lives with us,
got home from the bachelor party.
Did your father ever regain consciousness?
Yes.
Brother Joseph was giving Last Rites
while I was trying to stop the bleeding,
and Uncle Nick kept asking him, "Who did this to you?"
And finally my father opened his eyes.
Did your father say anything?
Objection! Calls for hearsay.
Dying words exception, Your Honor.
Overruled.
There's no evidence the man knew he was dying!
Yes, he did. He asked Father Joseph to take care of me.
Miss Stefanini. The objection is overruled.
Continue, Miss Flanagan.
What did your father say?
He said "Pauli.
Pauli did it."
Were any of your father's associates called Pauli?
Yes.
Paul Viola.
Nothing further.
Miss Stefanini, Paul Viola wasn't just an associate
of your father's, was he?
No. He's my godfather.
And would you have wanted to hear your father
accuse your godfather with his dying words?
-Objection,
-I'll rephrase.
Isn't it true that you've had a grudge against
Paul Viola for years?
We barely speak to each other.
Because you ran away from home when you were .
Objection. Relevance?
Establishing bias, Your Honor.
-I'll allow it.
-Did you resent your godfather
for bringing you home after you'd run away?
-Yes.
-And also,
didn't you know that your godfather
was opposed your your upcoming marriage?
He was unhappy that I was marrying a Colombian.
So at the moment of your father's death,
you knew that your godfather did not endorse your marriage?
I'm a grown woman. It was nobody's business.
Right. You resented Paul Viola's interference,
and now you allege you heard your father say "Pauli."
You're twisting what happened. I heard what I heard.
I have nothing further.
Carmella, can you tell us more about what happened
when you were ?
I'd run off with a guy who worked at a carnival,
and my godfather came and got me.
And did you ever see your boyfriend again?
I wasn't supposed to, but...
He found me at my girlfriend's a week later.
His arm was in a cast.
He said my godfather's men had broken it and
-
-
Objection! This is complete hearsay!
The jury will disregard.
Please, Miss Stefanini, just stick to the facts that you know.
I know his arm was in a cast, Your Honor.
So rather than resenting your godfather,
wouldn't you say that you were afraid of him?
Yes. I'm afraid of him.
Then why are you here?
Because this was my father, Miss Flanagan.
I can't bring him back, but I know who k*lled him.
-Move to strike!
-So ordered.
Flanagan: I have nothing further.
See the golden flame at the base of your spine.
Breathe in slowly.
Feel the glow rise up
into your solar plexus.
Sorry. I was thinking about my case while I was shaving.
It's beginning to evade him.
Feel the glow at the base of your skull.
Like the moon shining on the calm lake which is your mind.
I think I'm going at this wrong.
Leland doesn't see it, but I think I can get sex discrimination.
Let everything go.
Feel in harmony with the universe.
[whispering] I love yoga.
[telephone rings]
It could be the office. Is the machine on?
It might be important. I better get it.
You guys go on without me.
Bye, Matty.
And breathe in...
Should I be in there?
Emergency meeting. Partners only.
What's Jonathan doing in there?
Don't ask.
To me, it's dollars and cents.
If Jonathan is gonna take over Frank's clients
-
-
Susan, I've taken them on.
Kittredge asked for my help
because the D.A. was freezing him out.
And I said yes.
Well, the problem is you said yes to more than that.
Kittredge has asked Jonathan to represent him
if the D.A. pursues criminal charges.
What charges?
Suborning perjury, maybe conspiracy.
I don't want this firm tainted!
Leland, she's blowing smoke.
She's got nothing, and she's trying to strong
-arm him.
More power to her. The women's got...
I'm looking for a genderless word here.
Guts. That's what it takes to go after somebody like Viola.
Wait a minute. Whatever happened to due process?
-Thank you.
-That's not our concern right now.
You are, Jonathan.
You locked horns last year with the District
-
-
And I was right.
So why should we poison our relationship with the new D.A.
over a guy whose ethics are anybody's guess?
He's your associate.
How close are his ties with Viola?
Frank's an independent.
Now, I chewed him out when he took Viola on,
but I could not get him to back down.
Well, he must know they're auditioning him for a permanent job.
I don't think he'd take it.
Look, if anybody can defend these guys,
without getting sucked in, it's Frank.
That still doesn't address
how it looks to our corporate clients.
I don't care how it looks.
I care that clients rights are being jeopardized.
I care that the D.A. is using her power
to influence the outcome of the trial.
And I care, Douglas, that my firm is buying right into it.
All right. Provided you don't compromise
our relationship with the D.A.'s office,
I'm willing to let you continue for now.
Great.
Unless another partner has a strong objection.
Well, there you have it, Jonathan.
Our underwhelming support.
Mr. O'Hearn, how long did you direct surveillance
of Paul Viola for the FBI?
For seven years.
I ask you and the jury to turn to page
of the FBI's transcript of that surveillance.
And beginning with paragraph number .
It's where the parties talking.
Mr. Viola's talking to Stefanini's brother Nick.
I got this from a bug we planted at Viola's club.
Could you read aloud and explain to us
the first three exchanges?
Objection. This man has no foundation for
-
-
This man is an expert at interpreting these tapes.
Overruled. Proceed.
Flanagen: Please.
Viola says, "These Gonzales' are really deporchi."
That means "evil pigs."
Who are the Gonzales'?
The family Stefanini's daughter was gonna marry into.
Viola goes on.
"Gonzales swim in [Italian]."
That means "stuff for dr*gs."
[speaking Italian]
Terms for heroin and cocaine.
Then Nick says, "The cola can make trouble."
That's probably another reference to coke.
Viola answers, "Vinny doesn't know trouble.
"You hear what I'm saying?
"Everybody's coming to me asking for the job.
"Tell Vinny that.
"Ask him, how long does he expect me to say no
to guys who want him clipped."
-Clipped?
-k*lled.
When did this conversation take place?
Two months before Vincent Stefanini was shot to death.
And when was the last time you saw Vincent Stefanini?
The night of the bachelor party.
We were watching from a van outside the Bay Social Club.
Around : A.M., Viola and Stefanini came out
and drove off together.
And a little less than four hours later,
Vincent Stefanini was found bleeding to death
on the floor of his garage.
Isn't that correct?
Yes, it is.
I have nothing further.
Mr. O' Hearn, can you explain to me
the FBI's goal in collecting these wiretaps?
Yes, they've been used to convict members
of organized crime on various federal charges.
And was my client one of those convicted?
No.
In fact, these tapes have never been
successfully used to prove
any criminal activity by Paul Viola, have they?
That's right.
Well, I can see why you're so eager
to recycle them here.
-Objection.
-Withdrawn.
Let's talk some more about paragraph ,
which I'd now like the jury
to find in the defense's transcript.
Can you explain to the jury why they've gotten
two different transcripts from the same tape?
In a trail like this,
each side prints their version of what's on the tape.
Because different people can hear vastly different things.
Sometimes.
Now, in paragraph ,
don't we simply have two men agreeing that dr*gs
are a distasteful business?
As a prelude to Viola making a threat
on Vincent Stefanini's life.
Threat?
I ask the court's permission to play the section of the tape.
Proceed. Bailiff.
[garbled voices]
...can make trouble.
Vinny doesn't know trouble.
You know what I'm saying?
Everybody's coming to me asking for the job.
Tell Vinny that.
Ask him, how long does he expect me to say no
to guys who want him clipped.
I've really got to congratulate you.
I can barely hear that conversation.
But Mr. Viola's tone is clear.
Would you call it threatening?
A lot of times, people mask a threat in a friendly tone.
So you would describe Mr. Viola's tone as friendly?
He sounded concerned.
I agree.
And didn't he say he had declined invitations
to "clip" Mr. Stefanini? Whatever that means.
Right, but Viola
-
-
And isn't it fait to say that paragraph
is the most damning exchange you could come up with
our of seven years of eavesdropping on my client?
-Yes, as we interpret
-
-
-Exactly.
As you interpret it.
Nothing further.
The problem is you're going after Frank Kittredge,
and my clients are paying the price.
Okay.
I came on strong with him,
but it burns my ass when a lawyer who defends scum
starts playing his civil rights violin.
I'm not here to try to talk you our of prosecuting Viola.
Good. 'Cause I got him, and I'm not letting go.
He's wiggled through the cracks too many times,
thanks to the Kittredges of this world.
Viola has a right to counsel.
I didn't interfere with Mr. Viola's miserable rights.
I only let his lawyer know I'm watching him.
Harassing him from where I sit.
Look, I respect you. I respect where you came from
and the fact that you may end up on the state Supreme Court someday.
Can we skip the flattery?
The point is, you're important to the African American community,
which is very sensitive to due process.
This could hurt you.
You seem pretty ambitious yourself, Mr. Rollins.
But don't you worry about your relationship with Zoey Clemmons,
how that might be perceived in the African American community?
Can we just stick to business?
Then don't pull out my race and put it on the table.
I appreciate your concern for the clients
you inherited from Kittredge.
Don't worry about them.
They'll find us cooperative.
Thank you.
But understand me.
I'm going to go on looking into Mr. Kittredge himself.
And if I find enough, I will go after him...
with a big smile on my face.
My days are endless, too.
You're a busy man.
Went well today.
I think I neutralized the wiretap evidence.
Congratulations.
You know, I wanted to ask you to take over my clients.
I figured you'd never consider it.
You were right.
I almost asked you anyway.
I wanted to hear what you'd say.
I'd said, "Get out, now."
Your client problems are only the beginning.
You know it isn't worth it.
I know. I've prosecuted these people.
So have I.
I was a U.S. attorney for five years.
I know what I'm dealing with.
A few years ago, a man like Viola tried to enlist me.
I said no.
And then he was shot to death right in front of me.
And you know something? I was relieved.
Got him out of my life.
Once these people have you, they never let go.
The trick is not to let them have you.
I've never seen that trick work.
The sh**ting Stars are a pick
-up team, right?
We were all first
-string in college.
Two of us went to the Olympics.
But nobody ever paid you to play basketball competitively.
No.
So, you were well aware, weren't you,
that when your team signed the contract with the Hoopsters,
you were being hired as performers?
It was a job, that's all we cared about.
It was a job with a script.
And the night that you were fired,
you didn't follow the script, did you?
Look, we got carried away.
We were out there. We were hot.
The crowd was with us.
Answer the question, Miss Sprung!
Take it easy, Stan. She's not on trial for m*rder.
Well, I'll ask again.
On the night in question,
did you perform as the Hoopsters expected you to?
They played us!
When the game got serious
-
-
Did you perform as they expected
-
-
There was no performing!
For a few minutes, it was a real game!
-Stay calm, Angela.
-No!
I have something to say.
In college, we worked just as hard as the guys did.
Playing basketball meant just as much to us as it did to them.
When they got out, they were looking at million
-dollar salaries
for doing what they loved,
and we got told, "Sorry, you're only entertainment."
So we were motivated, you understand?
We worked hard. We got real good.
And that night with the Hoopsters,
our reflexes took over.
When we saw we had a chance,
we knew we had to play.
Play to win.
And you know what happened?
When it was all over,
the crowd gave all of us a standing ovation.
You Honor, the People have one more witness to call.
Sidebar, Your Honor.
Approach.
What's going on here?
Explain, Miss Flanagan.
An ex parte application was needed
to protect the anonymity of this witness.
This is an unfair surprise.
I don't have grand jury testimony for any
-
-
Take it easy, Mr. Kittredge.
You'll have sufficient time to prepare.
You may call the witness, Miss Flanagan.
The People call Michael Maceina.
Please, tell us, what is your occupation?
I run a bar, The Wayfarer in San Pedro.
And who came into the bar on September th of last year?
Paul Viola came in with Vincent Stefanini.
It was close to last call.
Did you know these two men?
I'd seen them.
They used to be regular customers
years ago when my dad ran the place.
Can you describe their arrival on this particular night?
They came in with their arms around each other.
They'd already had a few, and Mr. Viola told me that
Mr. Stefanini's daughter was getting married the next day.
Then they ordered absinthe for old
-times' sake.
So initially, the two men were congenial.
Did that change?
What do you mean?
Did their mood alter as the two men drank together?
Oh, I really couldn't tell.
They were sitting at a back table.
I was busy cleaning up.
Mr. Maceina,
did you hear the two men argue
Not really.
Didn't you hear Mr. Viola pound on the table
and thr*aten Mr. Stefanini?
Objection. She's leading her own witness.
Request permission to treat this witness
as hostile, Your Honor.
-Granted.
-Mr. Maceina...
didn't you testify to the grand jury
that you, quote,
"Heard the two men argue violently,"
then you checked on your own g*n
because you feared for your life?
I did say that, but I was lying.
Your previous statement was sworn testimony.
I know. But the deputy D.A. told me
cooperating would be good for me.
I had tax problems
He told me he could try to make them go away.
You're saying you were asked to lie?
No, no, I lied on my own.
But I'm telling you the truth now.
The two guys came in, they had a drink,
I didn't hear anything.
You are under oath, Mr. Maceina.
Did you talk to anyone who suggested
that you change your testimony?
No.
You didn't talk to your father?
Your father who ran the bar in the old days?
The one who knew Paul Viola
when he was called "Paul the Trigger?"
-Objection.
-Overruled.
I wanna hear the answer.
Yeah, I talked to my dad...
to tell him my conscience wouldn't let me lie.
You lied under oath before.
But now you expect us all to believe
that you are telling the truth.
That's right.
I have nothing more for this man.
Mr. Maceina, you understand
that by contradicting your earlier testimony,
you're admitting to perjury
and could face a jail sentence?
Yes.
And the D.A.'s offer to fix your tax trouble will evaporate.
I know.
And you still swear that my client
only had a friendly drink with Mr. Stefanini
and they had their arms around each other?
That's true.
Nothing further.
-That can't happen again.
-Frank?
You're an attorney.
You know if I'd impeach that guy on the witness stand,
it would have been a lot more convincing.
You think your recanting witness bothers the jury?
It bothered me.
I'm running this case, and I was blindsided.
Pauli told you
-
-
Are you asking if we got to the witness, Frank?
No. I'm telling you I don't need outside help.
I have my own investigators.
And how's their progress?
Any news from brother Nick?
His alibi's full of holes.
He clearly benefited from his brother's death.
When I get him on the stand, we'll make reasonable doubt.
Doubt is only a beginning. A guilty man hopes
that his lawyer will make reasonable doubt.
This jury has heard vivid details.
Death
-bait accusations.
They need something more than doubt.
Frank, I told you when I hired you. I'm not guilty.
Sometimes I sense you don't believe me.
So I'll say it again.
I'm not guilty.
Then act like it.
Get out of my way and let me win.
Anything less will be unacceptable, Frank.
-Hey.
-Hey.
I just buzzed you.
I'm done with the Kravits due diligence.
Do the tax returns go back to you or the general files?
General files is fine.
Everything okay?
No, I'm thinking about my case.
Mm.
You think it's a loser, too, right?
Uh, I don't know.
I like the Stars, though.
I saw them burn up the boards in San Diego last year. Whew!
Did you notice the power forward, Angela Sprung?
-Yeah.
-She's incredible, right?
She led the country in scoring in her senior year.
She deserves to play basketball.
I can't get these guys to admit it.
Well, I know how he feels.
I was the best guard in my junior high.
Then everybody grew and I didn't.
They laughed at me when I tried out for the high school team.
You grew more than I did.
I used to play, too.
I could consistently score eight of of ten free
-throws.
You know what I always wanted to do?
Drive the lane. Whew!
Yeah, right. Take it right to their faces.
Not pass the ball off, not sh**t from the perimeter.
Power drive right to the board.
Oh, me, too, man.
I knew their egos would get in their way.
[garbled voices on tape]
Frank.
How you doing?
It isn't.
I'm trying to find enough reasonable doubt to save my neck.
You think you're in that deep?
I'm damned if I win,
and damned, or worse, if I lose.
If you're trying to get out, assuming you could,
tells you'll be telling us our tactics work, right.
I don't wanna lose or get out.
I took this because I thought I could win and walk away.
Now I don't know.
And it scares the hell out of me.
Frank, you know how to litigate.
When you got here, your reputation said "k*ller."
Just
-
-just concentrate on the case.
What do they really have on your guy?
Too much. And it doesn't make sense.
Paul Viola is way too smart to drive off
in front of witnesses
with a man he planned to have k*lled.
Unless that's what he wanted everybody to think.
No, it's too risky. The families don't operate that way.
All right, well, who else had motive?
A dozen hoods.
Stefanini's own brothers set to take over his business.
Listen to this.
On tape: The cola can make trouble.
What cola? What'd he say?
[turns tape off]
What did he say? [rewinds tape]
[garbled voice]
Cola can make trouble.
[stops tape]
Cola.
Cola.
Maybe it doesn't mean dr*gs at all.
What does it mean?
Where's that statement?
Anything I can do to help?
Yes. Look for the telephone records from the Stefanini house.
They're over on the floor someplace, so we can order up another copy.
What am I looking for?
September th, last year.
We're gonna need some luck to put this together.
Your Honor, the People rest.
Mr. Kittredge, you may call your first witness.
Your Honor, we recall Carmella Stefanini.
Judge. Come forward, Miss Stefanini.
I remind you that you're still under oath.
Miss Stefanini, was your father a religious man?
Not really, no.
And yet, what were his dying words
when he asked the priest to take care of you?
[speaking Italian]
-Piccola?
-"My little one."
His name for me.
Piccola.
Which is not slang for cocaine.
[chuckles] Of course not.
So when your Uncle Nick said on the tape
that "Piccola could make trouble,"
he meant you.
I don't know.
But your father knew, didn't he?
When he was dying, he knew you had made trouble.
That's why he asked the priest to take care of you.
No, he knew I was religious.
And yet you refused to attend your own matrimonial
instruction classes with your fiancé.
Did you have reservations about marrying a man you hardly knew?
Objection. This is irrelevant.
Move on, Mr. Kittredge.
Why did you telephone the priest
on the night that your father was k*lled?
To ask him to come help.
But the telephone records from that night
show that you and Father Joseph spoke for minutes
before you bothered calling an ambulance.
I was upset. Father Joe calmed me down.
For minutes?
While your father bled to death?
I was... I don't remember.
I thought my father was already dead.
In fact, didn't you think you'd k*lled him?
-Objection!
-No!
Overruled.
You k*lled him because you were disparate
not to marry Edwardo Gonzalez, weren't you?
That's not true!
-Your father wasn't forcing you?
-No!
You were a happy and willing bride?
Your Honor, this is outrageous!
Asked and answered!
All right, move on, Mr. Kittredge.
Miss Stefanini,
I have something I'd like you to look at.
Is this your signature?
It looks like it.
Isn't this your signature on the receipt
for the purchase of a . caliber p*stol,
the same kind of g*n somebody bought to k*ll your father.
I didn't buy it to k*ll my father.
I bought it to k*ll myself.
Why, Carmella?
You were marrying the man you loved, weren't you?
I bought it a month before. I was confused then.
Where's this g*n today, the g*n you bought
-
-
I threw it away.
I changed my mind and threw it in the ocean.
Come on, Carmella. confession is good for the soul.
-Objection! This is badgering!
-I didn't do anything!
Judge: Sustained.
Maybe you did buy the g*n for yourself.
You were desperate. You didn't want this marriage.
But your father was controlling you,
the way he always controlled you.
You tried to plead with him. He wouldn't listen.
The g*n went off.
I loved my father!
And when he was dying,
when he accused Viola,
wasn't he protecting you
-
-
-Objection!
-I didn't k*ll him!
Judge: That's enough, Mr. Kittredge!
Carmella, if I ask Father Joseph,
wouldn't he tell me that you confessed to him
-
-
He can't do that!
Right. He can't.
I have no more questions.
[whispering, indistinct]
We have no questions at this time.
Kittredge: No more witnesses, Your Honor.
The defense rests.
So even though you fired these women to play basketball,
you didn't really want them to play basketball, did you?
They were there to put on a show.
We're the Hollywood Hoopsters, man,
We're entertainers.
Right. And it wasn't very entertaining
for them to actually play you, wasn't it?
It's not what we hired them to do.
No. you hired them to lose.
-You got it.
-Okay. Fine.
Let's go to that night in Bakersfield.
Now, you had done all your showboating,
made all your trick sh*ts.
There's two minutes left on the clock,
and all of a sudden,
the sh**ting Stars made it a game.
All of a sudden,
they got off eight unanswered points.
It was a fluke. They took us by surprise.
But you continued to play, didn't you?
You missed a layup, then you missed three
-pointer.
They weren't supposed to play real defense.
But they did play defense.
They shut you down is what they did.
Then the got off two fast
-breaks!
-Oh, no way!
-This is argumentative!
Drove down the lane, faked you out of your jockstrap
and scored the winning basket.
I could have blocked her shot, but I backed off.
The Stars didn't win on their own?
They won because you let them win?
Hell yeah!
Five women did not beat the Hollywood Hoopsters!
So my clients didn't breach their contract
by winning the game,
your team breached it by allowing them to win.
Your client just admitted wrongful termination, Stan.
Psych.
Paul Viola is a professional criminal.
At the top of his field.
That's why they call him "The Boss."
He has spent a lifetime laughing at the law.
Big Pauli.
Why, he's a virtuoso.
He plays our legal system like a violin.
You saw a dramatic display by Mr. Viola's lawyer.
But it proved nothing,
except that Mr. Kittredge is capable
of wildly creative scenarios
and of browbeating a young woman into hysterics,
It casts no doubt on Mr. Viola's guilt.
Today, Mr. Viola sits before you on a charge
of premeditated m*rder.
His motive was clear and cold
-blooded.
You heard the tapes.
Having personal problems with an unruly employee
like Vincent Stefanini?
Have him clipped. Rub him out.
That is the solution in Mr. Viola's line of work.
The only hitch was,
that after he was shot,
Vincent Stefanini's lived long enough
to tell witnesses who did it.
Pauli!
Pauli Viola committed m*rder.
Do not let him get away with this.
Ladies and gentlemen,
has the prosecution met its burden?
Have they proven to you,
beyond a reasonable doubt,
that Paul Viola must have k*lled Vincent Stefanini?
Or do you think it's possible
that Carmella Stefanini k*lled her father
because he was forcing her to marry a man she didn't love?
For get the gangster nickname.
Forget the references to Mr. Viola's business.
Our legal system doesn't allow you to convict a man
for his reputation.
Your job is clear and specific,
and your conclusion is clear if you stick to the facts.
Carmella had motive.
Carmella had a g*n.
Carmella heard the dying man's alleged accusation
and knew it was a lie.
The prosecution has pursued Paul Viola
with all the urgency of a runaway train.
Luckily, we have a braking system
on runaway prosecutions in this country.
You are those brakes, ladies and gentlemen.
Slow this train down to the plain facts.
Bring back the only verdict you can.
Not guilty.
[sighs] We can go for damages, you know.
The Hoopsters are in the red.
You can check it out.
Big settlement could put them out of business.
We're aware of them.
My clients don't want the money, Stan.
They wanna play. They deserve it.
Attendance was up % when they were touring with the Stars.
What do you want me to do?
I want you to talk them into honoring the contract
and let them really play basketball.
The Hoopsters have nothing to lose.
And it could be the best deal they ever made.
Okay. Maybe I can get them to go for it.
You know, you were great in there.
Well, they didn't waste any time.
Good. I like that.
Have you reached a verdict?
We have, Your Honor.
Judge: What say you?
"In the matter of the People vs. Paul Viola,
"on the charge of first
-degree m*rder,
we find the defendant not guilty,"
Judge: Thank you, ladies and gentlemen.
You are dismissed. This court is adjourned.
Miss Thomas, it's been a pleasure.
Don't get too comfortable with your new lawyer.
He's only won the first round.
[reporters shouting questions]
Arnie, I just got back from the Bodhi Tree,
and I found a yoga book that even you are gonna love.
What's this?
I was just playing a little one
-on
-one
with Billy during lunchtime.
Not too bad for an old guy.
You look very sexy.
-I won my case.
-You're kidding.
The sh**ting Stars have a new contract
with the Hollywood Hoopsters
for ten exhibition games, win, lose, or draw.
That case was unwinnable.
I'm unbelievably proud of you.
You are a true hero.
Yes, I am.
I may not be in harmony with the universe,
but I'm definitely learning the tune.
Where's my Mustang?
I thought you might feel more comfortable in this.
You paid for my services.
This is an extra "thank you."
[chuckles] I appreciate the thought.
If you turn down such a gesture,
it would be to slight a man's heartfelt gratitude.
I'm old
-fashioned.
I'm fond of my Mustang.
You're a good lawyer,
but you still have a lot to learn.
Frank, you should have implicated Nick
instead of Carmella.
Nick didn't k*ll anybody, Carmella did.
But it's too bad to see a woman indicted.
It's of no use to us.
[chuckles]
But you'll do better next time.
Take a test drive, Frank. See how she responds.
With all due respect,
I'll walk.
♪♪ [theme]
I have a confession, Stuart.
Now?
You were right about Nick.
He's wonderful with Matthew.
I was being a chauvinist.
I had a knee
-jerk reaction to a male nanny.
Oh, and if you read him "My Little Pony,"
he goes right to sleep.
But he won't go in the bathtub without Kermit.
You've got all the emergency numbers by the phone.
both ours and the Carrs.
-See you tonight!
-Papa.
You're not a litigator, Stuart.
Yeah, well, I don't wanna spend my life as a lawyer
without doing at least one trial,
and this is a pretty simple case, right?
I think the client would be more likely
to expect one of our regular litigators on it.
With all due respect, Leland,
your regular litigators are scoffing at it.
I think the client would like to see the case
in the hands of a lawyer who took it seriously.
Your Honor, this is interference with the defense.
Perception is fair game at any trial,
except, apparently, this one.
-You're in contempt
-
-
-I move for a mistrial.
Denied! You're getting a hearing when this is over,
and probably a jail cell!
I continue this trial under protest!
So noted! Now shut up!
The jury will disregard Mr. Kittredge's outburst
and his bad manners.
Fred Kittredge, my new associate.
I promised a hired g*n, I deliver.
The eminence, Leland McKenzie.
Pleased to meet you.
This is Gwen Taylor.
We've met.
My client is a respected businessman.
This hearing is prosecutorial harassment.
Is it true you expected Miss Thomas
to drop the m*rder
-one charge against Mr. Viola?
Well, let's put it this way.
It's gonna take our new district attorney
some time to get her bearings,
but if you'll look at a map,
she'll find that Hollywood is north of the .
Hollywood is where this mafia fiction belongs.
Mr. Stefanini wasn't whacked by mobsters in a movie.
He was ex*cuted in his own garage.
and Pauli "The Boss" Viola was indicted for that crime
by a grand jury. He should be in custody.
On what grounds do you hope to revoke Mr. Viola's bail?
Woman: There he is!
[reporters shouting]
In answer to your many questions,
it's a boy.
Seven pounds, six ounces.
Man: Congratulations.
Is this a big event for your family?
Oh, yes. And I'm still not answering to "Godfather."
As of today, you can call me gramps.
What do you think of today's hearing, Mr. Viola?
I just wanna get it over with so I can go home
and bounce my new grandson on my knee.
So you expect the bail decision to be upheld.
I give
- over the prosecution.
If he were a gambling man.
[reporters shouting]
Case number . People vs. Viola.
Your Honor, the People move that the court
reconsider its decision to grant bail to the accused.
Your Honor, this is an outrageous request on the eve of trail.
Nothing's changed since the original bail hearings
except the personnel in the District Attorney's office.
Mr. Viola's no flight risk. Here he sits.
The prosecution's already exhausted its attempts
to paint him as a threat to the community.
What are we doing here?
When Mr. Viola posted his bail of $ million,
it was said to come from legitimate business assets.
Primarily the
-V Trucking Company.
That is correct, Miss Thomas.
My inquiries reveal that only a small portion
of the money came from this business.
Most to be traced to deposits in offshore accounts.
Bail monies cannot be the result of criminal activity.
Your Honor, I'd like to show this deed
as proof of Mr. Viola's ownership of his
ancestral home in Palermo, Sicily.
Please note the signature of Mr. Antonio Viola,
attesting to the mortgaging of this farmland
for billion lira.
Roughly $. million.
And what distant relation is this Antonio Viola to the accused?
I hope Miss Thomas isn't suggesting it's criminal
to be part of a large family.
Your Honor, it's human nature
to resent Mr. Viola's prosperity
-
-
I don't resent Mr. Viola's wealth.
The People resent his m*rder of Mr. Stefanini.
Let's save that for the trial, shall we?
Miss Thomas,
the bench doesn't want a happy or vigorous
pursuit of this case,
but this document satisfies the court.
Mr. Viola's bail is continued.
He's free to go, pending the outcome of this trail.
I couldn't have done better myself. Ha ha!
Don't smoke that yet, Mr. Kittredge.
When I'm finished, your new family
will have nothing to celebrate.
[theme music playing]
Next, the sh**ting Stars Vs. the Hollywood Hoopsters.
Wrongful termination.
I don't believe you took this on.
All you do is handle their taxes.
Yeah, and I'm not a litigator.
This is really getting old, Douglas.
You have no case, Stuart.
These women breeched their contract.
They were hired to perform with the Hoopsters.
Yes, and they had the unmitigated gall to actually win a game.
Everybody knows they're supposed to lose.
That is part of the show.
Yeah, but it doesn't have to be that way.
Arnie, the Stars get carried away.
Both teams start to play basketball,
and the crowd goes crazy.
To me, that's entertainment.
And the fact that the Stars win
is no reason to dump them.
-I agree.
-I don't.
I think you have major problems.
Oh, my God. Speaking of problems.
-Oh, no.
-Don't tell me.
Our new tenant offered you rent you couldn't refuse.
This isn't a laughing matter.
I can't believe we're sharing offices with a Mob lawyer.
It's not clear he's a Mob lawyer.
Susan Bloom assures me Mr. Kittredge
doesn't make a practice of defending these types.
That is not the point.
This is organized crime.
And if he wins, they're gonna want him on retainer.
And they don't like to hear no for an answer.
Are we saying Viola's isn't entitled to representation?
No, we're saying our firm could be jeopardized
by this association.
Obviously, we don't as yet know Mr. Kittredge.
We know he's ambitious.
He bills in the high six figures.
On that note, we're adjourned.
Wait! You can't go in there!
It's all right, Sara. I was expecting Mr. Kittredge.
I got your messages.
Apart from the mess, I am sill moving in.
Where are you putting the trophy
you expect for framing my client?
Trophies are kind of a male thing.
I'm planning this whole wall
for Mr. Viola's ugly head itself.
Stuffed and mounted.
Hmph. Too bad your case isn't stronger.
My client didn't care about Vincent Stefanini.
He was nothing but a low
-level employee.
He was an old rival.
And he was marrying his daughter into a drug empire.
That kind of power
-play enraged Viola.
If you could prove that, you wouldn't need
to lean on me the first day of trial.
What is this garbage?
Every client I have with a plea bargain pending
has been turned down.
A
-year
-old kid has been denied his juvi status?
This is extortion.
Not at all.
I'm new here, getting to know people.
I've gathered you're an important man,
an asset to Mr. Viola and his friends.
And in light of that,
I've decided to review all your cases.
And screw with my client's rights.
If you so concerned about your clients,
tell them to get other representation.
Are you trying to thr*aten me into pleading this case out?
I'm trying to get your attention.
If I wanted to thr*aten you,
I would mention a conversation between you and Mr. Viola
which the FBI may have on tape.
Whatever conversation you're referring to
is protected by attorney
-client privilege.
Not if it suggests conspiracy to commit perjury.
Like inventing a cousin in Palermo?
[chuckles]
Are you charging me with something, Miss Thomas?
Not at the moment.
Then excuse me. I'm due in court.
[door slams against wall]
-Stan?
-Morning, Stuart.
How are you?
I think you all know each other, right?
Yeah, look, we're a little short.
-[chuckles]
-Time
-wise.
So, maybe we should just get started.
Yeah.
Which, uh, which one is Mr. Lipscomb?
-Right here.
-Dan Lipscomb.
Eddie "Fast Break" Foster. Jeff Kramer.
Okey
-dokey.
Mr. Lipscomb,
you're the, uh, general manager of the Hoopsters?
So it was your decision to hire my clients, wasn't it?
Yeah. Girls were a novelty,
to help spice up the act.
In the first show, they were fine.
They did just what they were supposed to.
What exactly was that, Mr. Lipscomb?
To look good.
Help with the trick sh*ts.
Then back off and let the Hoopsters shine.
Stuart: In other words, they were supposed to lose.
But it doesn't specifically say that
anywhere in the contract, does it?
It don't state anything about a game either.
Page four.
"The sh**ting Stars agree to participate
"in an exhibition of basketball wizardry,
performed by the incredible Hollywood Hoopsters."
But there was a clock and referees and time periods.
I mean, this could be construed as an exhibition game, couldn't it?
Nope. In the Definition section, page .
"We define the term 'wizardry.'
"i.e.: The demonstration of extreme Hoopsterism.
preferably the expense of the opposing team."
Does that sound like a real game to you?
Well, it could under certain circumstances.
Then you don't know the definition of Hoopsterism, huh?
No, I don't. What page is that on?
This one.
Yeah, show 'em how it's done, boy!
Here we go Here we go!
There it is! Uh
-huh!
Do it, baby! Yeah!
Here we go! Here we go!
All right! All right!
Is it comin'? Is it comin'?
-It's comin', baby!
-I'm ready!
Ha! Whoa! Ha!
Ha! [laughs]
-Whoa!
-Psych!
[players laughing]
I woke up to what I thought was a car backfiring.
IUt was : in the morning of my wedding day.
Were you surprised that your father was getting home so late?
Not really. He'd been at the bachelor party.
What did you do after you woke up?
My father didn't come inside, so I went out to the garage.
I thought maybe he'd had too much to drink.
What did you find in the garage?
My father was lying on the floor,
beside the open car door.
Blood was splattered inside the car,
and I saw the b*llet hole in his chest.
Just a few more questions.
What did you do next?
I ran inside and called an ambulance and our priest.
A few minutes later, Uncle Nick,
my father's brother who lives with us,
got home from the bachelor party.
Did your father ever regain consciousness?
Yes.
Brother Joseph was giving Last Rites
while I was trying to stop the bleeding,
and Uncle Nick kept asking him, "Who did this to you?"
And finally my father opened his eyes.
Did your father say anything?
Objection! Calls for hearsay.
Dying words exception, Your Honor.
Overruled.
There's no evidence the man knew he was dying!
Yes, he did. He asked Father Joseph to take care of me.
Miss Stefanini. The objection is overruled.
Continue, Miss Flanagan.
What did your father say?
He said "Pauli.
Pauli did it."
Were any of your father's associates called Pauli?
Yes.
Paul Viola.
Nothing further.
Miss Stefanini, Paul Viola wasn't just an associate
of your father's, was he?
No. He's my godfather.
And would you have wanted to hear your father
accuse your godfather with his dying words?
-Objection,
-I'll rephrase.
Isn't it true that you've had a grudge against
Paul Viola for years?
We barely speak to each other.
Because you ran away from home when you were .
Objection. Relevance?
Establishing bias, Your Honor.
-I'll allow it.
-Did you resent your godfather
for bringing you home after you'd run away?
-Yes.
-And also,
didn't you know that your godfather
was opposed your your upcoming marriage?
He was unhappy that I was marrying a Colombian.
So at the moment of your father's death,
you knew that your godfather did not endorse your marriage?
I'm a grown woman. It was nobody's business.
Right. You resented Paul Viola's interference,
and now you allege you heard your father say "Pauli."
You're twisting what happened. I heard what I heard.
I have nothing further.
Carmella, can you tell us more about what happened
when you were ?
I'd run off with a guy who worked at a carnival,
and my godfather came and got me.
And did you ever see your boyfriend again?
I wasn't supposed to, but...
He found me at my girlfriend's a week later.
His arm was in a cast.
He said my godfather's men had broken it and
-
-
Objection! This is complete hearsay!
The jury will disregard.
Please, Miss Stefanini, just stick to the facts that you know.
I know his arm was in a cast, Your Honor.
So rather than resenting your godfather,
wouldn't you say that you were afraid of him?
Yes. I'm afraid of him.
Then why are you here?
Because this was my father, Miss Flanagan.
I can't bring him back, but I know who k*lled him.
-Move to strike!
-So ordered.
Flanagan: I have nothing further.
See the golden flame at the base of your spine.
Breathe in slowly.
Feel the glow rise up
into your solar plexus.
Sorry. I was thinking about my case while I was shaving.
It's beginning to evade him.
Feel the glow at the base of your skull.
Like the moon shining on the calm lake which is your mind.
I think I'm going at this wrong.
Leland doesn't see it, but I think I can get sex discrimination.
Let everything go.
Feel in harmony with the universe.
[whispering] I love yoga.
[telephone rings]
It could be the office. Is the machine on?
It might be important. I better get it.
You guys go on without me.
Bye, Matty.
And breathe in...
Should I be in there?
Emergency meeting. Partners only.
What's Jonathan doing in there?
Don't ask.
To me, it's dollars and cents.
If Jonathan is gonna take over Frank's clients
-
-
Susan, I've taken them on.
Kittredge asked for my help
because the D.A. was freezing him out.
And I said yes.
Well, the problem is you said yes to more than that.
Kittredge has asked Jonathan to represent him
if the D.A. pursues criminal charges.
What charges?
Suborning perjury, maybe conspiracy.
I don't want this firm tainted!
Leland, she's blowing smoke.
She's got nothing, and she's trying to strong
-arm him.
More power to her. The women's got...
I'm looking for a genderless word here.
Guts. That's what it takes to go after somebody like Viola.
Wait a minute. Whatever happened to due process?
-Thank you.
-That's not our concern right now.
You are, Jonathan.
You locked horns last year with the District
-
-
And I was right.
So why should we poison our relationship with the new D.A.
over a guy whose ethics are anybody's guess?
He's your associate.
How close are his ties with Viola?
Frank's an independent.
Now, I chewed him out when he took Viola on,
but I could not get him to back down.
Well, he must know they're auditioning him for a permanent job.
I don't think he'd take it.
Look, if anybody can defend these guys,
without getting sucked in, it's Frank.
That still doesn't address
how it looks to our corporate clients.
I don't care how it looks.
I care that clients rights are being jeopardized.
I care that the D.A. is using her power
to influence the outcome of the trial.
And I care, Douglas, that my firm is buying right into it.
All right. Provided you don't compromise
our relationship with the D.A.'s office,
I'm willing to let you continue for now.
Great.
Unless another partner has a strong objection.
Well, there you have it, Jonathan.
Our underwhelming support.
Mr. O'Hearn, how long did you direct surveillance
of Paul Viola for the FBI?
For seven years.
I ask you and the jury to turn to page
of the FBI's transcript of that surveillance.
And beginning with paragraph number .
It's where the parties talking.
Mr. Viola's talking to Stefanini's brother Nick.
I got this from a bug we planted at Viola's club.
Could you read aloud and explain to us
the first three exchanges?
Objection. This man has no foundation for
-
-
This man is an expert at interpreting these tapes.
Overruled. Proceed.
Flanagen: Please.
Viola says, "These Gonzales' are really deporchi."
That means "evil pigs."
Who are the Gonzales'?
The family Stefanini's daughter was gonna marry into.
Viola goes on.
"Gonzales swim in [Italian]."
That means "stuff for dr*gs."
[speaking Italian]
Terms for heroin and cocaine.
Then Nick says, "The cola can make trouble."
That's probably another reference to coke.
Viola answers, "Vinny doesn't know trouble.
"You hear what I'm saying?
"Everybody's coming to me asking for the job.
"Tell Vinny that.
"Ask him, how long does he expect me to say no
to guys who want him clipped."
-Clipped?
-k*lled.
When did this conversation take place?
Two months before Vincent Stefanini was shot to death.
And when was the last time you saw Vincent Stefanini?
The night of the bachelor party.
We were watching from a van outside the Bay Social Club.
Around : A.M., Viola and Stefanini came out
and drove off together.
And a little less than four hours later,
Vincent Stefanini was found bleeding to death
on the floor of his garage.
Isn't that correct?
Yes, it is.
I have nothing further.
Mr. O' Hearn, can you explain to me
the FBI's goal in collecting these wiretaps?
Yes, they've been used to convict members
of organized crime on various federal charges.
And was my client one of those convicted?
No.
In fact, these tapes have never been
successfully used to prove
any criminal activity by Paul Viola, have they?
That's right.
Well, I can see why you're so eager
to recycle them here.
-Objection.
-Withdrawn.
Let's talk some more about paragraph ,
which I'd now like the jury
to find in the defense's transcript.
Can you explain to the jury why they've gotten
two different transcripts from the same tape?
In a trail like this,
each side prints their version of what's on the tape.
Because different people can hear vastly different things.
Sometimes.
Now, in paragraph ,
don't we simply have two men agreeing that dr*gs
are a distasteful business?
As a prelude to Viola making a threat
on Vincent Stefanini's life.
Threat?
I ask the court's permission to play the section of the tape.
Proceed. Bailiff.
[garbled voices]
...can make trouble.
Vinny doesn't know trouble.
You know what I'm saying?
Everybody's coming to me asking for the job.
Tell Vinny that.
Ask him, how long does he expect me to say no
to guys who want him clipped.
I've really got to congratulate you.
I can barely hear that conversation.
But Mr. Viola's tone is clear.
Would you call it threatening?
A lot of times, people mask a threat in a friendly tone.
So you would describe Mr. Viola's tone as friendly?
He sounded concerned.
I agree.
And didn't he say he had declined invitations
to "clip" Mr. Stefanini? Whatever that means.
Right, but Viola
-
-
And isn't it fait to say that paragraph
is the most damning exchange you could come up with
our of seven years of eavesdropping on my client?
-Yes, as we interpret
-
-
-Exactly.
As you interpret it.
Nothing further.
The problem is you're going after Frank Kittredge,
and my clients are paying the price.
Okay.
I came on strong with him,
but it burns my ass when a lawyer who defends scum
starts playing his civil rights violin.
I'm not here to try to talk you our of prosecuting Viola.
Good. 'Cause I got him, and I'm not letting go.
He's wiggled through the cracks too many times,
thanks to the Kittredges of this world.
Viola has a right to counsel.
I didn't interfere with Mr. Viola's miserable rights.
I only let his lawyer know I'm watching him.
Harassing him from where I sit.
Look, I respect you. I respect where you came from
and the fact that you may end up on the state Supreme Court someday.
Can we skip the flattery?
The point is, you're important to the African American community,
which is very sensitive to due process.
This could hurt you.
You seem pretty ambitious yourself, Mr. Rollins.
But don't you worry about your relationship with Zoey Clemmons,
how that might be perceived in the African American community?
Can we just stick to business?
Then don't pull out my race and put it on the table.
I appreciate your concern for the clients
you inherited from Kittredge.
Don't worry about them.
They'll find us cooperative.
Thank you.
But understand me.
I'm going to go on looking into Mr. Kittredge himself.
And if I find enough, I will go after him...
with a big smile on my face.
My days are endless, too.
You're a busy man.
Went well today.
I think I neutralized the wiretap evidence.
Congratulations.
You know, I wanted to ask you to take over my clients.
I figured you'd never consider it.
You were right.
I almost asked you anyway.
I wanted to hear what you'd say.
I'd said, "Get out, now."
Your client problems are only the beginning.
You know it isn't worth it.
I know. I've prosecuted these people.
So have I.
I was a U.S. attorney for five years.
I know what I'm dealing with.
A few years ago, a man like Viola tried to enlist me.
I said no.
And then he was shot to death right in front of me.
And you know something? I was relieved.
Got him out of my life.
Once these people have you, they never let go.
The trick is not to let them have you.
I've never seen that trick work.
The sh**ting Stars are a pick
-up team, right?
We were all first
-string in college.
Two of us went to the Olympics.
But nobody ever paid you to play basketball competitively.
No.
So, you were well aware, weren't you,
that when your team signed the contract with the Hoopsters,
you were being hired as performers?
It was a job, that's all we cared about.
It was a job with a script.
And the night that you were fired,
you didn't follow the script, did you?
Look, we got carried away.
We were out there. We were hot.
The crowd was with us.
Answer the question, Miss Sprung!
Take it easy, Stan. She's not on trial for m*rder.
Well, I'll ask again.
On the night in question,
did you perform as the Hoopsters expected you to?
They played us!
When the game got serious
-
-
Did you perform as they expected
-
-
There was no performing!
For a few minutes, it was a real game!
-Stay calm, Angela.
-No!
I have something to say.
In college, we worked just as hard as the guys did.
Playing basketball meant just as much to us as it did to them.
When they got out, they were looking at million
-dollar salaries
for doing what they loved,
and we got told, "Sorry, you're only entertainment."
So we were motivated, you understand?
We worked hard. We got real good.
And that night with the Hoopsters,
our reflexes took over.
When we saw we had a chance,
we knew we had to play.
Play to win.
And you know what happened?
When it was all over,
the crowd gave all of us a standing ovation.
You Honor, the People have one more witness to call.
Sidebar, Your Honor.
Approach.
What's going on here?
Explain, Miss Flanagan.
An ex parte application was needed
to protect the anonymity of this witness.
This is an unfair surprise.
I don't have grand jury testimony for any
-
-
Take it easy, Mr. Kittredge.
You'll have sufficient time to prepare.
You may call the witness, Miss Flanagan.
The People call Michael Maceina.
Please, tell us, what is your occupation?
I run a bar, The Wayfarer in San Pedro.
And who came into the bar on September th of last year?
Paul Viola came in with Vincent Stefanini.
It was close to last call.
Did you know these two men?
I'd seen them.
They used to be regular customers
years ago when my dad ran the place.
Can you describe their arrival on this particular night?
They came in with their arms around each other.
They'd already had a few, and Mr. Viola told me that
Mr. Stefanini's daughter was getting married the next day.
Then they ordered absinthe for old
-times' sake.
So initially, the two men were congenial.
Did that change?
What do you mean?
Did their mood alter as the two men drank together?
Oh, I really couldn't tell.
They were sitting at a back table.
I was busy cleaning up.
Mr. Maceina,
did you hear the two men argue
Not really.
Didn't you hear Mr. Viola pound on the table
and thr*aten Mr. Stefanini?
Objection. She's leading her own witness.
Request permission to treat this witness
as hostile, Your Honor.
-Granted.
-Mr. Maceina...
didn't you testify to the grand jury
that you, quote,
"Heard the two men argue violently,"
then you checked on your own g*n
because you feared for your life?
I did say that, but I was lying.
Your previous statement was sworn testimony.
I know. But the deputy D.A. told me
cooperating would be good for me.
I had tax problems
He told me he could try to make them go away.
You're saying you were asked to lie?
No, no, I lied on my own.
But I'm telling you the truth now.
The two guys came in, they had a drink,
I didn't hear anything.
You are under oath, Mr. Maceina.
Did you talk to anyone who suggested
that you change your testimony?
No.
You didn't talk to your father?
Your father who ran the bar in the old days?
The one who knew Paul Viola
when he was called "Paul the Trigger?"
-Objection.
-Overruled.
I wanna hear the answer.
Yeah, I talked to my dad...
to tell him my conscience wouldn't let me lie.
You lied under oath before.
But now you expect us all to believe
that you are telling the truth.
That's right.
I have nothing more for this man.
Mr. Maceina, you understand
that by contradicting your earlier testimony,
you're admitting to perjury
and could face a jail sentence?
Yes.
And the D.A.'s offer to fix your tax trouble will evaporate.
I know.
And you still swear that my client
only had a friendly drink with Mr. Stefanini
and they had their arms around each other?
That's true.
Nothing further.
-That can't happen again.
-Frank?
You're an attorney.
You know if I'd impeach that guy on the witness stand,
it would have been a lot more convincing.
You think your recanting witness bothers the jury?
It bothered me.
I'm running this case, and I was blindsided.
Pauli told you
-
-
Are you asking if we got to the witness, Frank?
No. I'm telling you I don't need outside help.
I have my own investigators.
And how's their progress?
Any news from brother Nick?
His alibi's full of holes.
He clearly benefited from his brother's death.
When I get him on the stand, we'll make reasonable doubt.
Doubt is only a beginning. A guilty man hopes
that his lawyer will make reasonable doubt.
This jury has heard vivid details.
Death
-bait accusations.
They need something more than doubt.
Frank, I told you when I hired you. I'm not guilty.
Sometimes I sense you don't believe me.
So I'll say it again.
I'm not guilty.
Then act like it.
Get out of my way and let me win.
Anything less will be unacceptable, Frank.
-Hey.
-Hey.
I just buzzed you.
I'm done with the Kravits due diligence.
Do the tax returns go back to you or the general files?
General files is fine.
Everything okay?
No, I'm thinking about my case.
Mm.
You think it's a loser, too, right?
Uh, I don't know.
I like the Stars, though.
I saw them burn up the boards in San Diego last year. Whew!
Did you notice the power forward, Angela Sprung?
-Yeah.
-She's incredible, right?
She led the country in scoring in her senior year.
She deserves to play basketball.
I can't get these guys to admit it.
Well, I know how he feels.
I was the best guard in my junior high.
Then everybody grew and I didn't.
They laughed at me when I tried out for the high school team.
You grew more than I did.
I used to play, too.
I could consistently score eight of of ten free
-throws.
You know what I always wanted to do?
Drive the lane. Whew!
Yeah, right. Take it right to their faces.
Not pass the ball off, not sh**t from the perimeter.
Power drive right to the board.
Oh, me, too, man.
I knew their egos would get in their way.
[garbled voices on tape]
Frank.
How you doing?
It isn't.
I'm trying to find enough reasonable doubt to save my neck.
You think you're in that deep?
I'm damned if I win,
and damned, or worse, if I lose.
If you're trying to get out, assuming you could,
tells you'll be telling us our tactics work, right.
I don't wanna lose or get out.
I took this because I thought I could win and walk away.
Now I don't know.
And it scares the hell out of me.
Frank, you know how to litigate.
When you got here, your reputation said "k*ller."
Just
-
-just concentrate on the case.
What do they really have on your guy?
Too much. And it doesn't make sense.
Paul Viola is way too smart to drive off
in front of witnesses
with a man he planned to have k*lled.
Unless that's what he wanted everybody to think.
No, it's too risky. The families don't operate that way.
All right, well, who else had motive?
A dozen hoods.
Stefanini's own brothers set to take over his business.
Listen to this.
On tape: The cola can make trouble.
What cola? What'd he say?
[turns tape off]
What did he say? [rewinds tape]
[garbled voice]
Cola can make trouble.
[stops tape]
Cola.
Cola.
Maybe it doesn't mean dr*gs at all.
What does it mean?
Where's that statement?
Anything I can do to help?
Yes. Look for the telephone records from the Stefanini house.
They're over on the floor someplace, so we can order up another copy.
What am I looking for?
September th, last year.
We're gonna need some luck to put this together.
Your Honor, the People rest.
Mr. Kittredge, you may call your first witness.
Your Honor, we recall Carmella Stefanini.
Judge. Come forward, Miss Stefanini.
I remind you that you're still under oath.
Miss Stefanini, was your father a religious man?
Not really, no.
And yet, what were his dying words
when he asked the priest to take care of you?
[speaking Italian]
-Piccola?
-"My little one."
His name for me.
Piccola.
Which is not slang for cocaine.
[chuckles] Of course not.
So when your Uncle Nick said on the tape
that "Piccola could make trouble,"
he meant you.
I don't know.
But your father knew, didn't he?
When he was dying, he knew you had made trouble.
That's why he asked the priest to take care of you.
No, he knew I was religious.
And yet you refused to attend your own matrimonial
instruction classes with your fiancé.
Did you have reservations about marrying a man you hardly knew?
Objection. This is irrelevant.
Move on, Mr. Kittredge.
Why did you telephone the priest
on the night that your father was k*lled?
To ask him to come help.
But the telephone records from that night
show that you and Father Joseph spoke for minutes
before you bothered calling an ambulance.
I was upset. Father Joe calmed me down.
For minutes?
While your father bled to death?
I was... I don't remember.
I thought my father was already dead.
In fact, didn't you think you'd k*lled him?
-Objection!
-No!
Overruled.
You k*lled him because you were disparate
not to marry Edwardo Gonzalez, weren't you?
That's not true!
-Your father wasn't forcing you?
-No!
You were a happy and willing bride?
Your Honor, this is outrageous!
Asked and answered!
All right, move on, Mr. Kittredge.
Miss Stefanini,
I have something I'd like you to look at.
Is this your signature?
It looks like it.
Isn't this your signature on the receipt
for the purchase of a . caliber p*stol,
the same kind of g*n somebody bought to k*ll your father.
I didn't buy it to k*ll my father.
I bought it to k*ll myself.
Why, Carmella?
You were marrying the man you loved, weren't you?
I bought it a month before. I was confused then.
Where's this g*n today, the g*n you bought
-
-
I threw it away.
I changed my mind and threw it in the ocean.
Come on, Carmella. confession is good for the soul.
-Objection! This is badgering!
-I didn't do anything!
Judge: Sustained.
Maybe you did buy the g*n for yourself.
You were desperate. You didn't want this marriage.
But your father was controlling you,
the way he always controlled you.
You tried to plead with him. He wouldn't listen.
The g*n went off.
I loved my father!
And when he was dying,
when he accused Viola,
wasn't he protecting you
-
-
-Objection!
-I didn't k*ll him!
Judge: That's enough, Mr. Kittredge!
Carmella, if I ask Father Joseph,
wouldn't he tell me that you confessed to him
-
-
He can't do that!
Right. He can't.
I have no more questions.
[whispering, indistinct]
We have no questions at this time.
Kittredge: No more witnesses, Your Honor.
The defense rests.
So even though you fired these women to play basketball,
you didn't really want them to play basketball, did you?
They were there to put on a show.
We're the Hollywood Hoopsters, man,
We're entertainers.
Right. And it wasn't very entertaining
for them to actually play you, wasn't it?
It's not what we hired them to do.
No. you hired them to lose.
-You got it.
-Okay. Fine.
Let's go to that night in Bakersfield.
Now, you had done all your showboating,
made all your trick sh*ts.
There's two minutes left on the clock,
and all of a sudden,
the sh**ting Stars made it a game.
All of a sudden,
they got off eight unanswered points.
It was a fluke. They took us by surprise.
But you continued to play, didn't you?
You missed a layup, then you missed three
-pointer.
They weren't supposed to play real defense.
But they did play defense.
They shut you down is what they did.
Then the got off two fast
-breaks!
-Oh, no way!
-This is argumentative!
Drove down the lane, faked you out of your jockstrap
and scored the winning basket.
I could have blocked her shot, but I backed off.
The Stars didn't win on their own?
They won because you let them win?
Hell yeah!
Five women did not beat the Hollywood Hoopsters!
So my clients didn't breach their contract
by winning the game,
your team breached it by allowing them to win.
Your client just admitted wrongful termination, Stan.
Psych.
Paul Viola is a professional criminal.
At the top of his field.
That's why they call him "The Boss."
He has spent a lifetime laughing at the law.
Big Pauli.
Why, he's a virtuoso.
He plays our legal system like a violin.
You saw a dramatic display by Mr. Viola's lawyer.
But it proved nothing,
except that Mr. Kittredge is capable
of wildly creative scenarios
and of browbeating a young woman into hysterics,
It casts no doubt on Mr. Viola's guilt.
Today, Mr. Viola sits before you on a charge
of premeditated m*rder.
His motive was clear and cold
-blooded.
You heard the tapes.
Having personal problems with an unruly employee
like Vincent Stefanini?
Have him clipped. Rub him out.
That is the solution in Mr. Viola's line of work.
The only hitch was,
that after he was shot,
Vincent Stefanini's lived long enough
to tell witnesses who did it.
Pauli!
Pauli Viola committed m*rder.
Do not let him get away with this.
Ladies and gentlemen,
has the prosecution met its burden?
Have they proven to you,
beyond a reasonable doubt,
that Paul Viola must have k*lled Vincent Stefanini?
Or do you think it's possible
that Carmella Stefanini k*lled her father
because he was forcing her to marry a man she didn't love?
For get the gangster nickname.
Forget the references to Mr. Viola's business.
Our legal system doesn't allow you to convict a man
for his reputation.
Your job is clear and specific,
and your conclusion is clear if you stick to the facts.
Carmella had motive.
Carmella had a g*n.
Carmella heard the dying man's alleged accusation
and knew it was a lie.
The prosecution has pursued Paul Viola
with all the urgency of a runaway train.
Luckily, we have a braking system
on runaway prosecutions in this country.
You are those brakes, ladies and gentlemen.
Slow this train down to the plain facts.
Bring back the only verdict you can.
Not guilty.
[sighs] We can go for damages, you know.
The Hoopsters are in the red.
You can check it out.
Big settlement could put them out of business.
We're aware of them.
My clients don't want the money, Stan.
They wanna play. They deserve it.
Attendance was up % when they were touring with the Stars.
What do you want me to do?
I want you to talk them into honoring the contract
and let them really play basketball.
The Hoopsters have nothing to lose.
And it could be the best deal they ever made.
Okay. Maybe I can get them to go for it.
You know, you were great in there.
Well, they didn't waste any time.
Good. I like that.
Have you reached a verdict?
We have, Your Honor.
Judge: What say you?
"In the matter of the People vs. Paul Viola,
"on the charge of first
-degree m*rder,
we find the defendant not guilty,"
Judge: Thank you, ladies and gentlemen.
You are dismissed. This court is adjourned.
Miss Thomas, it's been a pleasure.
Don't get too comfortable with your new lawyer.
He's only won the first round.
[reporters shouting questions]
Arnie, I just got back from the Bodhi Tree,
and I found a yoga book that even you are gonna love.
What's this?
I was just playing a little one
-on
-one
with Billy during lunchtime.
Not too bad for an old guy.
You look very sexy.
-I won my case.
-You're kidding.
The sh**ting Stars have a new contract
with the Hollywood Hoopsters
for ten exhibition games, win, lose, or draw.
That case was unwinnable.
I'm unbelievably proud of you.
You are a true hero.
Yes, I am.
I may not be in harmony with the universe,
but I'm definitely learning the tune.
Where's my Mustang?
I thought you might feel more comfortable in this.
You paid for my services.
This is an extra "thank you."
[chuckles] I appreciate the thought.
If you turn down such a gesture,
it would be to slight a man's heartfelt gratitude.
I'm old
-fashioned.
I'm fond of my Mustang.
You're a good lawyer,
but you still have a lot to learn.
Frank, you should have implicated Nick
instead of Carmella.
Nick didn't k*ll anybody, Carmella did.
But it's too bad to see a woman indicted.
It's of no use to us.
[chuckles]
But you'll do better next time.
Take a test drive, Frank. See how she responds.
With all due respect,
I'll walk.
♪♪ [theme]