1 00:00:00,906 --> 00:00:02,931 In the criminal justice system... 2 00:00:03,008 --> 00:00:06,808 the people are represented by two separate yet equally important groups: 3 00:00:06,879 --> 00:00:08,779 The police who investigate crime... 4 00:00:08,847 --> 00:00:11,611 and the district attorneys who prosecute the offenders. 5 00:00:11,683 --> 00:00:13,116 These are their stories. 6 00:00:15,754 --> 00:00:19,211 Definitely the Dior. Show some flesh, break some hearts. 7 00:00:19,290 --> 00:00:21,918 My ex is invited. Good. Punish him. 8 00:00:23,127 --> 00:00:25,823 Your delivery man's a trusting soul. 9 00:00:25,897 --> 00:00:28,297 Dan's ordering from Cabela's again. 10 00:00:29,367 --> 00:00:33,326 All those hunting outfits. Is he actually ever going to step foot in the woods? 11 00:00:33,671 --> 00:00:35,571 Laura, Mommy's home. 12 00:00:35,640 --> 00:00:38,006 Auntie Sarrie's got something for you. 13 00:00:38,075 --> 00:00:40,441 She's probably in the back with Olivia. 14 00:00:52,256 --> 00:00:54,918 This is Miss Pinky, her favorite doll. 15 00:00:55,459 --> 00:00:57,689 Neighbor must have found it on the walk. 16 00:00:57,762 --> 00:00:58,888 Laura. 17 00:00:58,963 --> 00:01:00,692 She's probably still at the zoo with her class. 18 00:01:00,765 --> 00:01:01,789 Yeah. 19 00:01:01,866 --> 00:01:03,128 Olivia? 20 00:01:03,234 --> 00:01:06,294 I remember trying to drag Susie away from the elephant ride. 21 00:01:06,370 --> 00:01:08,270 I remember that day. 22 00:01:10,107 --> 00:01:11,096 Hmm. 23 00:01:11,242 --> 00:01:13,540 Looks like you're out of vodka. Gin okay? Yeah, sure. 24 00:01:13,611 --> 00:01:16,637 Hi, honey, it's me. I'm at the office. Call me. 25 00:01:17,715 --> 00:01:20,775 How much the child resembles the pretty doll. 26 00:01:20,852 --> 00:01:23,821 So loving and trusting. 27 00:01:24,055 --> 00:01:27,024 Did she enjoy the animals at the zoo? 28 00:01:27,425 --> 00:01:30,053 Does she miss her doll, do you think? 29 00:01:30,561 --> 00:01:34,053 Does she want her mother now, do you think? 30 00:01:34,131 --> 00:01:35,496 Call the school. 31 00:01:40,604 --> 00:01:42,071 Come on. 32 00:01:42,706 --> 00:01:46,142 Hi, this is Janet Rudman. Has Olivia picked up Laura yet today? 33 00:01:46,877 --> 00:01:50,278 Well, about when was that? Thanks. 34 00:01:50,847 --> 00:01:53,975 She picked her up over two hours ago. Dial 911. 35 00:01:57,120 --> 00:02:00,180 We're checking every route between here and the school. 36 00:02:03,960 --> 00:02:05,621 How long has Olivia worked for you? 37 00:02:05,695 --> 00:02:09,062 She's been with us for four years. She's absolutely reliable. 38 00:02:12,102 --> 00:02:14,502 Wasn't that fun? Laura. 39 00:02:14,571 --> 00:02:17,335 Yeah, I can't wait to tell Mommy and Daddy. 40 00:02:17,407 --> 00:02:20,899 Oh, my God. Honey, where have you been? 41 00:02:22,345 --> 00:02:25,371 She saw Barney in the FAO Schwartz window and she wouldn't leave... 42 00:02:25,448 --> 00:02:28,383 until she said hello to Barney. Is something wrong? 43 00:02:28,451 --> 00:02:31,579 No. Everything's all right. 44 00:02:33,390 --> 00:02:34,755 It's over. 45 00:02:38,028 --> 00:02:41,691 My guess, it's not over for the guy that made that call. 46 00:03:32,114 --> 00:03:35,277 They're taught to hold hands, to keep in sight of a teacher at all times. 47 00:03:35,351 --> 00:03:37,876 Fine, did you see her talking to anybody? 48 00:03:38,120 --> 00:03:41,612 Twenty-two kids and I have to explain why a leopard has spots. 49 00:03:41,924 --> 00:03:44,017 I liked the polar bears the best. 50 00:03:44,193 --> 00:03:46,093 They have their own pool. 51 00:03:46,161 --> 00:03:48,356 I didn't know bears could swim, did you? 52 00:03:48,430 --> 00:03:52,230 No, I didn't, honey. Did Miss Pinky like the zoo? 53 00:03:52,301 --> 00:03:54,462 She said she liked the penguins the best. 54 00:03:54,536 --> 00:03:57,164 But Miss Pinky was bad. She got lost. 55 00:03:57,573 --> 00:03:59,097 How'd she get lost? 56 00:03:59,308 --> 00:04:02,709 I don't know. Maybe she went with the man in the spaceman hat. 57 00:04:03,445 --> 00:04:04,878 The spaceman hat? 58 00:04:05,147 --> 00:04:09,607 It was shiny and silver. Like his glasses. I could see myself in them. 59 00:04:10,052 --> 00:04:12,020 Did you talk to this man? 60 00:04:12,921 --> 00:04:16,288 He said he liked the monkeys the best. He was a nice man. 61 00:04:16,492 --> 00:04:18,585 After he finished talking to you, what did he do? 62 00:04:18,660 --> 00:04:22,459 He got on a silver bicycle. Maybe I let him hold Miss Pinky. 63 00:04:22,530 --> 00:04:23,895 I can't remember. 64 00:04:25,099 --> 00:04:26,657 The kid wasn't scared. 65 00:04:28,136 --> 00:04:31,230 Yeah, well, pedophiles relate real well to kids. 66 00:04:31,439 --> 00:04:33,771 Why did Laura talk to this guy in the first place? 67 00:04:33,841 --> 00:04:37,470 I mean, kids are supposed to know better than to talk to absolute strangers. 68 00:04:37,845 --> 00:04:39,369 You think she knew him? 69 00:04:39,447 --> 00:04:43,907 Or he just seemed familiar, maybe. Like if he knew Miss Pinky's name. 70 00:04:44,018 --> 00:04:46,578 Pedophiles don't advertise on answering machines. 71 00:04:46,654 --> 00:04:49,521 He would have hit on her long before he called mom. 72 00:04:50,224 --> 00:04:52,784 This guy knew Rudman's private number. 73 00:04:52,894 --> 00:04:55,488 Knew their routine. Maybe he knows mom. 74 00:05:00,101 --> 00:05:03,195 Bicycle, mirrored glasses? No. 75 00:05:03,304 --> 00:05:05,738 With most of our friends, it's tennis or squash. 76 00:05:05,807 --> 00:05:08,867 Well, besides them, who would have access to your private number? 77 00:05:08,943 --> 00:05:11,275 My husband has over 300 employees. 78 00:05:11,345 --> 00:05:13,040 Every one of them could get that number. 79 00:05:13,114 --> 00:05:14,638 All right, what about this place? 80 00:05:14,715 --> 00:05:16,342 We have 40 on staff. 81 00:05:16,651 --> 00:05:18,710 Anybody been fired recently? 82 00:05:18,786 --> 00:05:21,311 We had cutbacks earlier this year. 83 00:05:22,390 --> 00:05:24,984 Well, did any of them take it particularly hard? 84 00:05:25,059 --> 00:05:28,119 Everybody. But I don't think anyone blamed me. 85 00:05:29,397 --> 00:05:31,490 You know, I did get a nasty note. 86 00:05:33,367 --> 00:05:36,530 Ron Blocker in Acquisitions. 87 00:05:36,604 --> 00:05:39,038 I don't know about glasses, but he was into fitness. 88 00:05:39,107 --> 00:05:41,041 Rode a bike to work every day. 89 00:05:42,576 --> 00:05:45,773 Janet Rudman kept her no-talent sycophants. 90 00:05:46,646 --> 00:05:49,911 I got the axe. Certainly I was miffed. 91 00:05:49,983 --> 00:05:52,008 Just how miffed were you, Ronny? 92 00:05:52,185 --> 00:05:54,881 I thought of suing. I had a case. 93 00:05:55,489 --> 00:05:57,320 It was clear discrimination. 94 00:05:58,191 --> 00:06:01,251 So instead of getting a lawyer, you sent a nasty note? 95 00:06:01,661 --> 00:06:03,356 She told you about that? 96 00:06:04,064 --> 00:06:07,363 So, Ronny, do you own a bicycle? 97 00:06:07,601 --> 00:06:09,501 Owned a Mongoose. 98 00:06:09,836 --> 00:06:11,770 Hey, those are silver, aren't they? 99 00:06:11,905 --> 00:06:16,342 Polished aluminum with full suspension. Somebody stole it. 100 00:06:17,310 --> 00:06:19,505 Let's talk a little bit about your schedule last week. 101 00:06:19,579 --> 00:06:22,776 Yeah, like Tuesday. Were you out and about... 102 00:06:22,849 --> 00:06:26,580 or did things around here keep you busy all day by yourself? 103 00:06:26,820 --> 00:06:30,984 Busy, yes. Here, no. Familiar with the Kalmus Gallery? 104 00:06:33,260 --> 00:06:36,195 Very successful exhibition of my own works. 105 00:06:37,597 --> 00:06:40,725 Black tie, very chic, very intime. 106 00:06:41,968 --> 00:06:43,765 Pity you couldn't have been there. 107 00:06:44,271 --> 00:06:46,205 But it was by invitation only. 108 00:06:47,407 --> 00:06:49,398 Well, if this doesn't check out... 109 00:06:49,476 --> 00:06:51,808 we'll be sending you an invitation, too. 110 00:06:52,012 --> 00:06:54,310 Not very chic, but very intime. 111 00:06:55,549 --> 00:06:57,380 Blocker's got a perfect alibi. 112 00:06:57,450 --> 00:07:01,614 Fifty guests put him at his gallery from dawn to dusk on the day of the zoo trip. 113 00:07:01,688 --> 00:07:03,552 What about Mr. Rudman's employees? 114 00:07:03,622 --> 00:07:05,385 Any of them victims of the recession? 115 00:07:05,457 --> 00:07:08,187 They're all present and accounted for. We checked his clients. 116 00:07:08,260 --> 00:07:09,852 There's nothing there. 117 00:07:10,829 --> 00:07:12,296 Mike, line two. 118 00:07:14,533 --> 00:07:16,899 Thanks. Logan. Yeah. 119 00:07:19,438 --> 00:07:20,871 When did it arrive? 120 00:07:22,274 --> 00:07:25,004 Okay. Yeah. No. Don't touch it. Thanks. 121 00:07:26,545 --> 00:07:29,241 Janet Rudman just received a package with a demand. 122 00:07:29,315 --> 00:07:31,579 $20,000 or he takes the kid. 123 00:07:35,054 --> 00:07:39,218 "11:00, tomorrow. Bethesda Fountain, near the underpass. 124 00:07:39,291 --> 00:07:42,783 "Bring $20,000. No cops. No tricks." 125 00:07:43,162 --> 00:07:45,153 It came through the mail slot while we were out. 126 00:07:45,231 --> 00:07:47,495 Olivia was upstairs. She didn't hear anything. 127 00:07:47,733 --> 00:07:49,530 It was wrapped around this. 128 00:08:31,976 --> 00:08:33,307 It could have been then. 129 00:08:33,378 --> 00:08:36,438 A turned head, a moment's distraction. 130 00:08:37,148 --> 00:08:41,380 She could be taken so easily. 131 00:08:59,470 --> 00:09:03,804 She could be taken so easily. 132 00:09:14,018 --> 00:09:16,418 Black sedan. Did you make out the model? 133 00:09:17,555 --> 00:09:20,388 She cannot go to Central Park. Anything could happen. 134 00:09:20,458 --> 00:09:23,655 What else can we do? I cannot live with this. 135 00:09:24,829 --> 00:09:28,925 Bethesda Fountain. Good visibility, controlled access. 136 00:09:30,134 --> 00:09:32,830 It'll be okay. We can make it work. 137 00:10:07,704 --> 00:10:10,400 If you read me, give me a sign, Lennie. 138 00:10:27,891 --> 00:10:29,290 Yes. 139 00:10:31,061 --> 00:10:32,255 Please, yes. 140 00:10:34,664 --> 00:10:36,063 Yes, I see it. 141 00:10:36,133 --> 00:10:38,931 Trash basket, northwest corner. 142 00:11:21,710 --> 00:11:23,200 Wait for it. 143 00:11:28,017 --> 00:11:29,348 False alarm. 144 00:11:45,901 --> 00:11:47,391 Follow him, Walsh. 145 00:12:00,950 --> 00:12:02,212 On my command. 146 00:12:07,957 --> 00:12:09,185 Go. 147 00:12:16,699 --> 00:12:18,257 You have the right to remain silent. 148 00:12:18,334 --> 00:12:21,667 Anything you do say can and will be used against you in a court of law. 149 00:12:22,705 --> 00:12:24,696 Detective? Thanks. 150 00:12:25,674 --> 00:12:29,109 Blanchard, John, 47. No known address. 151 00:12:29,210 --> 00:12:31,235 He pulled off a scam like this? 152 00:12:31,579 --> 00:12:35,379 Dis con, fraudulent accosting, jostling... 153 00:12:36,150 --> 00:12:37,515 misdemeanor assault. 154 00:12:37,585 --> 00:12:40,748 Mr. Blanchard seems to be expanding his horizons. 155 00:12:44,259 --> 00:12:47,092 Was it drugs? Don't tell me. I don't want to know. 156 00:12:47,228 --> 00:12:49,753 It's not about drugs, Mr. Blanchard. 157 00:12:50,064 --> 00:12:51,929 Hey, I was running an errand anyway. 158 00:12:52,000 --> 00:12:55,060 Yeah, so, now you're a bonded messenger? 159 00:12:55,870 --> 00:12:58,805 Look, a guy in Central Park West, he's in a car. 160 00:12:58,907 --> 00:13:02,707 He gives me $20 to pick up an envelope. Says he can't do it. He's at a hydrant. 161 00:13:02,777 --> 00:13:05,143 So, what did he look like, this guy? 162 00:13:05,513 --> 00:13:08,073 Andrew Jackson. I looked at the $20, not him. 163 00:13:13,021 --> 00:13:14,784 He was wearing wraparounds. 164 00:13:14,856 --> 00:13:17,347 What were you supposed to do with the envelope? 165 00:13:17,592 --> 00:13:19,253 Take it back to the guy in the car. 166 00:13:19,327 --> 00:13:21,090 What did the car look like? 167 00:13:21,362 --> 00:13:24,160 Big, four doors. I don't know from models. 168 00:13:24,699 --> 00:13:26,189 You know from color? 169 00:13:26,534 --> 00:13:29,901 Black, big American car. New, you know? 170 00:13:30,605 --> 00:13:33,733 This guy was no bum. Am I in trouble here? 171 00:13:34,943 --> 00:13:37,207 You're starting to dig your way out of it. 172 00:13:37,278 --> 00:13:38,836 Give us some more about the car. 173 00:13:38,913 --> 00:13:40,278 I don't know nothing else. 174 00:13:40,348 --> 00:13:43,374 Don't screw up now, Blanchard. I'm so close to believing you. 175 00:13:47,422 --> 00:13:49,719 Wait, on the window was a sticker. 176 00:13:49,957 --> 00:13:51,219 What did it say? 177 00:13:51,291 --> 00:13:53,259 It was a face turned sideways. 178 00:13:53,327 --> 00:13:55,955 A profile? Like on a coin? 179 00:13:56,029 --> 00:13:58,020 Yeah. A sideways face, like on a nickel. 180 00:13:58,098 --> 00:14:01,090 It could've been an Indian or one of those Roman soldiers. 181 00:14:01,702 --> 00:14:04,068 That ought to narrow it down. 182 00:14:04,237 --> 00:14:06,137 A parking sticker for a club? 183 00:14:06,607 --> 00:14:09,633 When I parked cars at the Atwater, they had a pilgrim. 184 00:14:11,144 --> 00:14:13,977 Hey, Lennie, here's one for you. The Century Club. 185 00:14:14,047 --> 00:14:17,847 "Serving the social needs of those who have achieved their second century." 186 00:14:17,918 --> 00:14:19,909 The emblem is a Roman centurion. 187 00:14:19,987 --> 00:14:23,445 Over a hundred and they're still mixing it up? Forget that one. 188 00:14:23,790 --> 00:14:26,384 Look at that. The Pequot Club. 189 00:14:27,060 --> 00:14:29,358 The symbol is the profile of an Indian chief. 190 00:14:29,429 --> 00:14:30,691 Let's try it. 191 00:14:34,034 --> 00:14:36,696 This is good but I prefer the thick crust. 192 00:14:36,803 --> 00:14:38,771 We'll pass it on to the chef. 193 00:14:38,839 --> 00:14:41,399 Hey, Blanchard, you ever see this before? 194 00:14:45,045 --> 00:14:46,774 Yeah. I think you got it. 195 00:14:47,914 --> 00:14:50,280 Yes, we are members of the Pequot Club. 196 00:14:51,685 --> 00:14:54,779 I find it hard to believe that we've been having dinner next to that... 197 00:14:54,855 --> 00:14:56,186 creature on the phone. 198 00:14:56,256 --> 00:14:58,190 Life can be full of surprises. 199 00:14:58,592 --> 00:15:00,287 Now the DMV computers spit out... 200 00:15:00,360 --> 00:15:03,352 72 black sedans registered to members of that club. 201 00:15:03,430 --> 00:15:04,897 We've circled their names. 202 00:15:04,965 --> 00:15:07,729 What reason would those people possibly have for hurting us? 203 00:15:07,801 --> 00:15:10,735 Now, here's the Commissioner of Police. 204 00:15:11,804 --> 00:15:14,068 Detectives, I think you're clutching at straws. 205 00:15:14,140 --> 00:15:15,732 Look, if you could think of anybody... 206 00:15:15,808 --> 00:15:18,003 and I mean anybody that might have a grudge against you. 207 00:15:18,077 --> 00:15:20,272 I don't care if it was a poker debt. 208 00:15:20,613 --> 00:15:21,910 Jeffrey Starke. 209 00:15:22,982 --> 00:15:27,078 I put him into bonds. He was mad. He felt he should have gone with T-bills. 210 00:15:27,286 --> 00:15:29,811 He canceled his account, but that was months ago. 211 00:15:29,889 --> 00:15:32,016 The Starkes have been in Tuscany since September. 212 00:15:32,091 --> 00:15:35,993 Look, this is absurd. These people are our friends. 213 00:15:36,595 --> 00:15:38,085 All but one of them. 214 00:15:43,002 --> 00:15:46,802 You get the feeling they don't like us the closer we get to home? 215 00:15:47,039 --> 00:15:48,802 Yeah, it was okay when it was some skell. 216 00:15:48,874 --> 00:15:51,707 But they don't like it when it's one of their own circle. 217 00:15:52,311 --> 00:15:53,903 Yo, yeah. 218 00:15:55,381 --> 00:15:58,350 Okay. Tell them we're gonna be right there. 219 00:15:59,652 --> 00:16:01,950 Forensics got something off the video. 220 00:16:09,028 --> 00:16:10,154 Listen. 221 00:16:11,797 --> 00:16:14,823 Hansom cab, Columbus Circle. What do I win? 222 00:16:22,775 --> 00:16:23,867 Could have been then. 223 00:16:23,943 --> 00:16:26,878 The ambient noise is gone. This part of the tape has been degaussed... 224 00:16:26,946 --> 00:16:28,140 by direct overdubbing. 225 00:16:28,247 --> 00:16:30,545 Could we have that again in English? 226 00:16:30,616 --> 00:16:33,379 I cut my teeth on forty-fives and Fats Domino. 227 00:16:33,718 --> 00:16:36,482 He laid the audio track in after he shot the footage. 228 00:16:36,554 --> 00:16:38,488 Today's home equipment's very sophisticated. 229 00:16:38,556 --> 00:16:40,046 Can you lift it off? 230 00:16:55,507 --> 00:16:56,940 It could have been then. 231 00:16:57,008 --> 00:16:59,602 A turned head, a moment's distraction. 232 00:16:59,677 --> 00:17:03,044 She could be taken so easily. 233 00:17:04,849 --> 00:17:06,214 Almost human. 234 00:17:12,690 --> 00:17:14,715 A moment's distraction. 235 00:17:14,959 --> 00:17:18,360 She could be taken so easily. 236 00:17:20,298 --> 00:17:22,732 That's as good as it's going to get on the voice, gentlemen. 237 00:17:22,801 --> 00:17:25,429 Can you play just the background again, without the voice? 238 00:17:25,537 --> 00:17:26,526 Mmm-hmm. 239 00:17:31,843 --> 00:17:33,538 Some kind of a bell? 240 00:17:36,881 --> 00:17:38,473 Six bells. 241 00:17:38,550 --> 00:17:40,916 3:00 naval time. He's got a naval clock. 242 00:17:40,985 --> 00:17:42,577 Play it one more time. 243 00:17:47,425 --> 00:17:49,052 And water lapping. 244 00:17:49,527 --> 00:17:50,585 A boat? 245 00:17:51,095 --> 00:17:54,996 Fiberglass, you can tell by the sound of the water on the hull. 246 00:17:56,867 --> 00:18:00,428 A search warrant? With this? You can't be serious. 247 00:18:00,504 --> 00:18:02,995 Hey, all three are members of the Pequot Club... 248 00:18:03,073 --> 00:18:05,268 and this was recorded on a boat. 249 00:18:05,342 --> 00:18:07,071 A fiberglass boat... 250 00:18:07,411 --> 00:18:10,380 of which each of these guys is a proud owner. 251 00:18:10,881 --> 00:18:12,280 And the black sedan? 252 00:18:12,649 --> 00:18:15,618 Two of them own little sports jobs, one's got a Range Rover... 253 00:18:15,686 --> 00:18:18,450 but the sedan could be rented. We're checking on that now. 254 00:18:18,522 --> 00:18:22,515 The first guy is a big-time proctologist. $6,000 a peek. 255 00:18:22,593 --> 00:18:25,892 Second's a client of Dan Rudman's. Owns an investment bank. 256 00:18:25,963 --> 00:18:28,431 Number three is one of our leading jurists. 257 00:18:28,498 --> 00:18:31,797 Yeah, Judge Thayer. He's also a close friend of the Rudman family. 258 00:18:32,269 --> 00:18:35,170 Yeah, Van Buren says he's pushing the investigation. 259 00:18:37,174 --> 00:18:38,698 I have to go. 260 00:18:39,376 --> 00:18:42,436 I have an appointment. Excuse me. 261 00:18:50,287 --> 00:18:51,652 Something I said? 262 00:18:53,056 --> 00:18:56,492 I was a clerk in his court, Ben, for two years. 263 00:18:57,327 --> 00:19:00,558 So were half a dozen others in this office. What about it? 264 00:19:01,798 --> 00:19:05,290 I just feel before it goes any further, I should be taken off the case. 265 00:19:05,369 --> 00:19:08,133 Why? I don't think we even have a case. 266 00:19:08,805 --> 00:19:11,774 All right, so Thayer, he's a friend of the Rudmans. 267 00:19:11,842 --> 00:19:13,832 He owns a boat and he's a member of the Pequot Club. 268 00:19:13,910 --> 00:19:14,899 What about it? 269 00:19:14,977 --> 00:19:18,606 He's also a respected member of the appellate court. 270 00:19:18,981 --> 00:19:21,916 I know he wrote you a glowing recommendation to this office. 271 00:19:21,984 --> 00:19:23,975 I read it and I respect your loyalty. 272 00:19:24,053 --> 00:19:26,544 I just don't want any suggestion of impropriety. 273 00:19:26,622 --> 00:19:28,249 Why? Because you worked with him? 274 00:19:28,324 --> 00:19:30,656 I've had dinner with he and his wife, so what? 275 00:19:30,927 --> 00:19:34,454 The best thing we can do for this office and for Judge Thayer... 276 00:19:34,797 --> 00:19:38,255 is to decide whether we're going to proceed with this case or not. 277 00:19:38,467 --> 00:19:40,367 So, we try our eyewitness? 278 00:19:42,038 --> 00:19:45,474 No, I am not keen about the testimony of a 5-year-old. 279 00:19:47,109 --> 00:19:49,577 Put Blanchard through a photo ID... 280 00:19:49,645 --> 00:19:52,637 and if he can't pick out Thayer's face... 281 00:19:53,115 --> 00:19:56,676 then this entire conversation is moot. Yeah. 282 00:19:57,887 --> 00:20:01,880 Until we have a deal in place, my client doesn't recognize his own mother. 283 00:20:02,058 --> 00:20:04,288 Then let's just send him back to the bed-and-breakfast... 284 00:20:04,360 --> 00:20:05,827 to serve out his open cases. 285 00:20:05,895 --> 00:20:09,194 Wait a minute. I'm here to cooperate. If I can ID this guy, I will. 286 00:20:09,265 --> 00:20:10,789 Shut up. 287 00:20:13,169 --> 00:20:15,364 What's in it for Mr. Blanchard? A walk... 288 00:20:15,738 --> 00:20:18,138 when he picks the right face out of the array. 289 00:20:18,307 --> 00:20:21,538 What if I don't? It's worth your while to try. 290 00:20:32,254 --> 00:20:33,744 That's him, I think. 291 00:20:36,458 --> 00:20:38,016 No deals for maybes. 292 00:20:38,126 --> 00:20:39,855 It's him. That's the guy. 293 00:20:39,995 --> 00:20:42,361 You guys did real good. That's him. 294 00:20:42,998 --> 00:20:44,590 This is a joke, right? 295 00:20:45,000 --> 00:20:47,161 What's Thayer's picture even doing here? 296 00:20:47,435 --> 00:20:50,461 Just be absolutely certain, Mr. Blanchard. 297 00:20:52,374 --> 00:20:53,534 It's him. 298 00:20:59,180 --> 00:21:02,843 I don't care who picked his face out of a precinct family album. 299 00:21:03,018 --> 00:21:05,953 I had lunch with Thayer the day after he came in with Rudman. 300 00:21:06,021 --> 00:21:07,886 Makes absolutely no sense at all. 301 00:21:07,956 --> 00:21:09,821 I've seen cases made without motive. 302 00:21:09,891 --> 00:21:12,621 It's an element in this one and I'm not going to move without it. 303 00:21:12,694 --> 00:21:14,218 It better be a damned good one. 304 00:21:14,529 --> 00:21:16,588 A friend at the station just called to warn me. 305 00:21:16,664 --> 00:21:18,632 It's out. Brother. 306 00:21:18,800 --> 00:21:21,598 Who do we pay around here to keep things private? 307 00:21:21,903 --> 00:21:24,633 I can't comment on the extent of Judge Thayer's involvement... 308 00:21:24,706 --> 00:21:25,900 Who the hell is that? 309 00:21:25,974 --> 00:21:28,101 Art Diamond, Blanchard's attorney. 310 00:21:28,176 --> 00:21:32,044 The allegations, if true, make this reporter wonder why no arrest has been made. 311 00:21:32,113 --> 00:21:35,708 Do the close ties between Judge Thayer and Adam Schiff prevent... 312 00:21:38,253 --> 00:21:40,244 Twenty-five years on the bench. 313 00:21:40,388 --> 00:21:42,322 Cheap shots from a pip-squeak. 314 00:21:43,158 --> 00:21:46,616 Olivet gave some pretty convincing reasons for Thayer's behavior. 315 00:21:46,694 --> 00:21:48,685 Yeah. Psycho gibberish. 316 00:21:48,763 --> 00:21:51,755 Always the best refuge for a weak prosecution. 317 00:21:51,866 --> 00:21:55,029 The longer we do nothing, the more it looks like we have something to hide. 318 00:21:55,102 --> 00:21:57,229 I know, Ben. I know. 319 00:21:59,740 --> 00:22:01,537 Call him in chambers. 320 00:22:02,042 --> 00:22:04,237 So he can surrender himself. 321 00:22:08,315 --> 00:22:11,045 I did nothing wrong, as the evidence will show. 322 00:22:11,118 --> 00:22:13,916 Judge Thayer, will you resign? Absolutely not. 323 00:22:13,987 --> 00:22:16,217 The person described in these charges is a madman. 324 00:22:16,290 --> 00:22:18,520 They hardly fit a respected member of the appellate court. 325 00:22:18,592 --> 00:22:20,560 Then why would the DA bring these charges? 326 00:22:20,627 --> 00:22:22,754 No comment. You'll have your answer soon enough. 327 00:22:22,830 --> 00:22:26,027 The first order of business is to have these charges dismissed. 328 00:22:26,100 --> 00:22:28,728 Judge Thayer, one more question - No more. 329 00:22:29,136 --> 00:22:31,434 That's Arthur Gold's entire modus operandi. 330 00:22:31,505 --> 00:22:35,407 He plants the idea that what we're doing is persecution, not prosecution. 331 00:22:35,476 --> 00:22:36,738 Right. 332 00:22:36,810 --> 00:22:41,110 Next, he'll cite the number of times that Thayer has reversed you. 333 00:22:41,548 --> 00:22:45,609 I don't think this has to do with Ben. It has to do with me. 334 00:22:46,019 --> 00:22:48,715 I had a prior working relationship with Thayer. 335 00:22:48,856 --> 00:22:52,883 Really? Doing what? I was his clerk. 336 00:22:53,660 --> 00:22:54,752 And? 337 00:22:57,431 --> 00:22:59,865 Then what's the problem, Ms. Kincaid? 338 00:23:00,868 --> 00:23:02,460 I had an affair with him. 339 00:23:03,370 --> 00:23:05,065 Well, that's just dandy. 340 00:23:09,443 --> 00:23:13,812 You had an affair? Why the hell didn't you tell me this? 341 00:23:13,881 --> 00:23:16,474 I told you to take me off the case. 342 00:23:16,549 --> 00:23:18,244 I would have if I'd known this. 343 00:23:18,317 --> 00:23:21,650 I hoped there was some part of my personal life I could keep personal. 344 00:23:21,721 --> 00:23:22,813 Great. 345 00:23:24,223 --> 00:23:28,057 The media gets a hold of this. This is beautiful. Absolutely exquisite. 346 00:23:28,895 --> 00:23:32,058 Obviously, this is partly my fault. If I'd known the reason... 347 00:23:32,131 --> 00:23:34,497 How the hell do we keep a lid on this? 348 00:23:36,202 --> 00:23:37,965 Maybe this will help. 349 00:23:38,437 --> 00:23:41,873 It's my letter of resignation. Effective immediately. 350 00:23:41,974 --> 00:23:43,202 Now, just a minute... 351 00:23:43,276 --> 00:23:45,471 I'll type out a formal version in the morning. 352 00:23:51,017 --> 00:23:52,541 Quick disposition, Ben. 353 00:23:52,618 --> 00:23:56,554 Every minute these charges linger is a cloud over my client's good name. 354 00:23:56,923 --> 00:23:59,756 I'll consider a reduced sentence. That's it. 355 00:23:59,992 --> 00:24:02,358 Ben, go to bed and get up again. 356 00:24:02,428 --> 00:24:06,797 Are you suggesting that your client did not make Mrs. Rudman's life hell? 357 00:24:06,866 --> 00:24:08,891 Tough to sell extortion to a jury... 358 00:24:08,968 --> 00:24:12,301 when the complainant appears as a character witness for the defense. 359 00:24:12,538 --> 00:24:15,166 Yeah, Mrs. Rudman has expressed absolute willingness... 360 00:24:15,241 --> 00:24:17,436 to testify on behalf of her dear friend. 361 00:24:17,643 --> 00:24:21,545 Mr. Thayer, there's the little matter of an eyewitness. 362 00:24:22,548 --> 00:24:26,006 Mr. Blanchard picked your photo out on the first pass. 363 00:24:26,319 --> 00:24:30,449 Maybe you should speak to Ms. Kincaid. About what? 364 00:24:32,158 --> 00:24:34,524 Motion to suppress the photo ID. 365 00:24:35,328 --> 00:24:38,728 Unless I missed a ruling from the nine wise souls in D.C... 366 00:24:38,797 --> 00:24:41,265 Simmons v. US still controls. 367 00:24:42,500 --> 00:24:45,401 "The photographic array was so impermissibly suggestive... 368 00:24:45,470 --> 00:24:48,337 "as to give rise to a substantial likelihood... 369 00:24:49,374 --> 00:24:51,171 "of misidentification." 370 00:24:52,010 --> 00:24:54,205 You're suggesting that we rigged the ID? 371 00:24:54,279 --> 00:24:57,976 Not you, Ben. Claire Kincaid. See you in chambers. 372 00:25:01,686 --> 00:25:04,450 What she said was that one of the men in the photos... 373 00:25:04,522 --> 00:25:06,183 was, in fact, the suspect. 374 00:25:06,258 --> 00:25:08,624 I see in Mr. Blanchard's affidavit... 375 00:25:08,693 --> 00:25:12,720 that Ms. Kincaid promised him consideration... 376 00:25:13,131 --> 00:25:15,622 "when he picks the right face out of the book." 377 00:25:15,700 --> 00:25:19,500 Ms. Kincaid's statement is open to wide interpretation, Your Honor. 378 00:25:19,571 --> 00:25:24,065 But what Mr. Blanchard read into it was neither stated nor even implied. 379 00:25:24,142 --> 00:25:25,507 How do we know what was stated? 380 00:25:25,577 --> 00:25:27,044 There was no recorder present. 381 00:25:27,112 --> 00:25:30,013 She implied that an identification was inevitable. 382 00:25:30,081 --> 00:25:31,639 According to Blanchard. 383 00:25:31,716 --> 00:25:33,445 Well, Blanchard doesn't count? 384 00:25:33,518 --> 00:25:36,112 Her statements were directed at him. 385 00:25:36,888 --> 00:25:39,288 I think it crosses the line, Ben. 386 00:25:39,391 --> 00:25:42,224 I think it merits a suppression. The ID's out. 387 00:25:42,294 --> 00:25:45,058 Your Honor, you do know- Exception noted. 388 00:25:46,298 --> 00:25:49,927 You fumbled the ball, and Arthur Gold takes it for a touchdown. 389 00:25:50,001 --> 00:25:51,332 I don't agree. 390 00:25:51,403 --> 00:25:53,997 I think we have enough left for a strong circumstantial case. 391 00:25:54,072 --> 00:25:57,473 You go after big game, you bring it down with your first shot. 392 00:25:57,642 --> 00:26:01,543 Every jurist in the state can't wait for this thing to go away. 393 00:26:01,779 --> 00:26:04,976 Yeah, and Thayer's ruled on over 2,000 appeals. 394 00:26:05,049 --> 00:26:06,573 And the minute we take him down... 395 00:26:06,650 --> 00:26:08,709 every one of those appeals is called into question. 396 00:26:08,786 --> 00:26:11,755 But if we back down now, it looks like we're bowing to pressure. 397 00:26:12,923 --> 00:26:14,220 Yeah. 398 00:26:14,692 --> 00:26:17,684 It's a service for Ms. Kincaid. I'll take it. 399 00:26:26,737 --> 00:26:29,638 She's being brought before the disciplinary committee... 400 00:26:29,707 --> 00:26:31,197 on charges of misconduct. 401 00:26:31,275 --> 00:26:34,802 Now, why would Arthur Gold want to waste his time getting her disbarred? 402 00:26:34,978 --> 00:26:36,707 It's not Gold. It's Thayer. 403 00:26:37,581 --> 00:26:40,209 He says that she concocted the whole thing... 404 00:26:40,818 --> 00:26:42,843 because he had spurned... 405 00:26:43,487 --> 00:26:45,284 her sexual advances. 406 00:26:54,398 --> 00:26:56,491 There's actually something to this? 407 00:26:59,770 --> 00:27:02,637 Clerking for him was my first job out of law school. 408 00:27:02,973 --> 00:27:05,874 Everyone wanted it, and suddenly I was there. 409 00:27:06,310 --> 00:27:10,269 And he reminded you how lucky you were. How you owed him. 410 00:27:11,248 --> 00:27:13,648 No, he was much subtler than that. 411 00:27:14,051 --> 00:27:16,451 From the beginning, he treated me like his peer. 412 00:27:16,520 --> 00:27:17,919 He listened to my opinions. 413 00:27:17,988 --> 00:27:20,547 He acted on my suggestions. Smart. 414 00:27:20,857 --> 00:27:23,587 He knew you had an "A" student's ego. 415 00:27:24,560 --> 00:27:26,187 He was smart. 416 00:27:26,829 --> 00:27:28,797 He was also... 417 00:27:29,232 --> 00:27:31,860 powerful and seductive. 418 00:27:34,270 --> 00:27:38,536 Small intimate dinners, but always related to work. 419 00:27:42,812 --> 00:27:46,009 I was fool enough to believe he really cared about me. 420 00:27:48,317 --> 00:27:51,218 Finally, he invited me to his boat... 421 00:27:51,287 --> 00:27:54,450 where he stays when it's too late to commute to his home. 422 00:27:54,824 --> 00:27:58,419 That's how it began. How long did it last? 423 00:28:00,396 --> 00:28:01,829 Three months. 424 00:28:04,534 --> 00:28:07,469 You'll have to admit all of this publicly, Claire. 425 00:28:08,137 --> 00:28:09,900 I don't think I can. 426 00:28:10,173 --> 00:28:12,733 If you don't, you'll never get past it... 427 00:28:13,042 --> 00:28:15,306 even if you can practice law again. 428 00:28:23,019 --> 00:28:25,579 Like any rookie prosecutor, she paid her dues. 429 00:28:25,755 --> 00:28:28,656 ECAB during holidays, and night arraignment. 430 00:28:28,724 --> 00:28:31,420 Were you satisfied with her performance? Absolutely. 431 00:28:31,494 --> 00:28:34,986 She made Felony Assistant in well under the usual time. 432 00:28:38,367 --> 00:28:40,732 Are you aware that the two investigating detectives... 433 00:28:40,802 --> 00:28:43,828 gave Ms. Kincaid three possible suspects? Yes, sir. 434 00:28:44,206 --> 00:28:47,869 Excluding Mr. Thayer, were the remaining two suspects ever questioned? 435 00:28:48,276 --> 00:28:49,368 No, sir. 436 00:28:49,444 --> 00:28:52,004 Were photos of these two men included in any photo array... 437 00:28:52,080 --> 00:28:54,878 that was shown to Mr. Blanchard? No, sir. 438 00:28:56,418 --> 00:28:58,010 Nothing further. 439 00:28:58,286 --> 00:29:01,221 For many years, I declined to hire female law clerks. 440 00:29:01,289 --> 00:29:04,087 I was concerned with the appearance of propriety. 441 00:29:04,359 --> 00:29:07,522 What changed your mind, sir? Colleagues pointed out... 442 00:29:07,596 --> 00:29:10,895 that qualified women candidates were being denied opportunities. 443 00:29:11,266 --> 00:29:14,667 Did there come a time when you lifted your ban on women as clerks? 444 00:29:14,736 --> 00:29:17,796 On general assignment clerks of the court, yes. 445 00:29:18,406 --> 00:29:20,966 Ms. Kincaid proved an able attorney. 446 00:29:21,510 --> 00:29:23,239 She was bright, aggressive. 447 00:29:23,745 --> 00:29:26,339 In fact, she sought a heavier caseload. 448 00:29:26,448 --> 00:29:30,214 Did you have occasion to assign Ms. Kincaid to any of your own matters? 449 00:29:30,285 --> 00:29:33,812 I did, and I was pleased with her performance, at first. 450 00:29:35,156 --> 00:29:38,182 But then, a situation developed. How so? 451 00:29:38,693 --> 00:29:41,856 Ms. Kincaid was constantly asking about my marriage... 452 00:29:41,930 --> 00:29:43,830 whether my wife and I were happy. 453 00:29:43,899 --> 00:29:46,299 It became obvious that she was attracted to me. 454 00:29:46,368 --> 00:29:50,429 How did she make it obvious? One evening, we were working late... 455 00:29:51,172 --> 00:29:55,541 and she was standing next to me. She began to kiss my neck. 456 00:29:57,279 --> 00:30:00,510 I asked her to stop. How did Ms. Kincaid react? 457 00:30:01,382 --> 00:30:04,078 She stopped but her advances continued. 458 00:30:04,885 --> 00:30:08,821 The more I refused, the more threatening she became. 459 00:30:09,456 --> 00:30:12,857 Threatening? How? She threatened to tell my wife... 460 00:30:12,927 --> 00:30:16,522 that we were having an affair. How long did this behavior continue? 461 00:30:16,597 --> 00:30:18,929 I suggested that she join the District Attorney's office... 462 00:30:18,999 --> 00:30:21,399 before the completion of her full term. 463 00:30:22,002 --> 00:30:23,731 I wanted to get rid of her. 464 00:30:24,071 --> 00:30:27,563 I was very relieved when she made her move. 465 00:30:33,914 --> 00:30:38,647 Ms. Kincaid made sexual overtures... 466 00:30:38,886 --> 00:30:42,515 threatened your reputation, yet you didn't fire her? 467 00:30:43,257 --> 00:30:45,418 My attorney was concerned that this would result... 468 00:30:45,492 --> 00:30:48,052 in a gender discrimination suit. 469 00:30:48,128 --> 00:30:50,562 Well, did you discuss the matter with anyone else? 470 00:30:50,631 --> 00:30:52,861 My attorney and my own clerk. 471 00:30:53,901 --> 00:30:56,267 But I never referred to Ms. Kincaid by name. 472 00:30:56,337 --> 00:30:58,430 How convenient. Objection. 473 00:30:58,806 --> 00:31:00,137 Withdrawn. 474 00:31:01,642 --> 00:31:05,134 He taught me to think like a lawyer. Simply, concisely... 475 00:31:05,212 --> 00:31:07,476 so that logic isn't lost in the noise. 476 00:31:07,615 --> 00:31:11,449 Anything else? Never to avoid a tough call. 477 00:31:11,619 --> 00:31:15,055 And the decision to indict Mr. Thayer, whose was that? 478 00:31:15,255 --> 00:31:16,984 It was Ben Stone's. 479 00:31:17,091 --> 00:31:20,288 I believed the evidence supported the charges. I still do. 480 00:31:20,361 --> 00:31:23,056 Have you been on board the Barbara Allen, Ms. Kincaid? 481 00:31:23,196 --> 00:31:26,165 Yes. He invited me several times for dinner. 482 00:31:26,633 --> 00:31:29,830 Working dinners? No, romantic dinners. 483 00:31:30,603 --> 00:31:32,901 Did you sleep with Judge Thayer? Objection. 484 00:31:33,139 --> 00:31:34,470 Overruled. 485 00:31:37,377 --> 00:31:38,742 Yes, I did. 486 00:31:39,145 --> 00:31:41,511 Who initiated the affair, Ms. Kincaid? 487 00:31:41,881 --> 00:31:45,840 Thayer did, but in all fairness, I permitted it to continue. 488 00:31:46,152 --> 00:31:47,881 Over what period of time? 489 00:31:47,987 --> 00:31:49,511 It lasted for three months. 490 00:31:49,689 --> 00:31:50,883 Who ended it? 491 00:31:51,257 --> 00:31:55,250 I did. I saw the effect it was having on Joel and myself. 492 00:31:56,162 --> 00:31:57,686 Please explain. 493 00:31:58,197 --> 00:32:02,190 He became very possessive, unreasonable... 494 00:32:03,069 --> 00:32:06,197 and when I wanted to break it off, he became threatening. 495 00:32:11,978 --> 00:32:13,570 And the fact that you considered... 496 00:32:13,646 --> 00:32:15,614 Judge Thayer unreasonable and threatening... 497 00:32:15,682 --> 00:32:20,278 is that what lead you to taint evidence and pursue a malicious prosecution? 498 00:32:20,653 --> 00:32:25,147 No, my feelings had no bearing on my conduct as a prosecutor. 499 00:32:27,326 --> 00:32:30,523 Then you're a better person than I am, Ms. Kincaid. 500 00:32:35,068 --> 00:32:37,059 Well, frankly, I'm glad they only censured you. 501 00:32:37,136 --> 00:32:39,036 I thought you'd be disbarred. 502 00:32:39,105 --> 00:32:42,302 Ben, not only did that man lie about me on the stand... 503 00:32:42,375 --> 00:32:44,706 but censure still prevents me from practicing law... 504 00:32:44,776 --> 00:32:46,505 unless the committee decides to lift it. 505 00:32:46,578 --> 00:32:48,876 So you file an immediate appeal. 506 00:32:48,947 --> 00:32:51,040 You think it's worth the paper? 507 00:32:54,586 --> 00:32:58,044 It'll be reviewed by Thayer's court. You got to do something. 508 00:33:03,729 --> 00:33:06,926 Well, what brings you? The chance to gloat? 509 00:33:09,034 --> 00:33:11,935 I noticed the "for sale" sign when I came aboard. 510 00:33:12,003 --> 00:33:14,972 She'll bring half of what I need for my divorce attorney. 511 00:33:15,140 --> 00:33:16,835 You weren't the best I've ever had... 512 00:33:16,908 --> 00:33:18,842 but you're proving to be the most expensive. 513 00:33:18,910 --> 00:33:21,378 So how will you make it up? Janet Rudman? 514 00:33:22,180 --> 00:33:26,514 Don't try some little game. You still want her, don't you? 515 00:33:26,752 --> 00:33:29,050 Hey, you want real trouble? 516 00:33:29,121 --> 00:33:31,089 What are you going to threaten me with, Joel? 517 00:33:31,156 --> 00:33:33,624 I'm a censured lawyer and you're barely a judge. 518 00:33:33,692 --> 00:33:37,355 You little bitch. No husband you could threaten to tell. 519 00:33:37,429 --> 00:33:39,090 No child you could threaten with harm. 520 00:33:39,164 --> 00:33:41,792 That's right. But I learned my lesson. 521 00:33:43,034 --> 00:33:45,628 Now get the hell off my boat and stay out of my life! 522 00:33:45,704 --> 00:33:47,604 There are some things I won't allow. 523 00:33:47,672 --> 00:33:51,199 No, Joel. There's just certain things you can't control. 524 00:33:57,849 --> 00:34:00,044 I understand you've been censured. 525 00:34:00,352 --> 00:34:02,843 Doesn't that mean you have no right to question me? 526 00:34:02,921 --> 00:34:04,047 Yes. 527 00:34:04,122 --> 00:34:06,612 Then I don't see why we have any reason to talk. 528 00:34:06,690 --> 00:34:08,555 We've shared a common problem. 529 00:34:08,626 --> 00:34:11,561 Sleeping with Joel Thayer. Joel warned me about you. 530 00:34:11,629 --> 00:34:14,598 Yeah. He probably said that I was out of control, as opposed to you. 531 00:34:14,665 --> 00:34:16,929 What the hell do you mean saying these things? 532 00:34:17,001 --> 00:34:19,970 I know you were having an affair with him and I know you wanted out. 533 00:34:20,037 --> 00:34:22,699 That's when the things started happening with Laura, didn't they? 534 00:34:22,773 --> 00:34:26,732 That is all past. Just leave me alone. 535 00:34:26,811 --> 00:34:29,245 It's all past because, apparently, you went back with him. 536 00:34:29,313 --> 00:34:30,439 Now, did you want to? 537 00:34:30,514 --> 00:34:33,642 Listen, you've been stupid, I've been stupid. 538 00:34:33,851 --> 00:34:37,014 I don't want to ruin my marriage. Please, don't do this to me. 539 00:34:37,087 --> 00:34:41,353 Yeah, I was stupid, but this isn't going to end until you tell the truth. 540 00:34:41,425 --> 00:34:42,756 You're desperate. 541 00:34:42,827 --> 00:34:45,625 You just want to put him in jail so you can restore your reputation. 542 00:34:45,696 --> 00:34:49,063 Yes, I want to restore my reputation. But what about yours? 543 00:34:49,600 --> 00:34:51,329 What about your marriage? 544 00:35:02,580 --> 00:35:05,674 What is this, ambush law? Joel, keep your coat on. 545 00:35:05,749 --> 00:35:08,741 I have nothing to hide. What's she doing here? 546 00:35:08,819 --> 00:35:10,480 Ms. Kincaid is a witness, sir. 547 00:35:10,554 --> 00:35:13,546 We are re-presenting our charges to the grand jury. 548 00:35:14,425 --> 00:35:17,019 Janet, you can't possibly be a part of this. 549 00:35:17,094 --> 00:35:18,527 Joel, let's just get out of here. 550 00:35:18,596 --> 00:35:22,760 Mr. Thayer, I'm giving you an opportunity not to go to trial. 551 00:35:24,768 --> 00:35:26,394 Let's go, Arthur. 552 00:35:27,570 --> 00:35:31,836 Ben, I don't know what you think you're up to, but neither this one... 553 00:35:31,908 --> 00:35:34,468 nor Ms. Kincaid ever takes the stand. 554 00:35:42,552 --> 00:35:44,952 Arthur, you're swimming in quicksand here. 555 00:35:45,021 --> 00:35:48,252 Your client as much as admitted his guilt to Claire Kincaid. 556 00:35:48,324 --> 00:35:50,918 Well, you can bet no jury is ever going to hear that testimony. 557 00:35:50,994 --> 00:35:53,929 You want to lay odds? I heard that, Arthur. 558 00:35:54,063 --> 00:35:56,054 How much of this argument took place in the hallway? 559 00:35:56,132 --> 00:35:59,124 Your Honor, when Ms. Kincaid interrogated my client... 560 00:35:59,369 --> 00:36:02,964 he was still protected by Miranda. He'd never waived those rights. 561 00:36:03,039 --> 00:36:06,406 Ergo, any statements he made to Ms. Kincaid are inadmissible. 562 00:36:06,476 --> 00:36:09,411 And since Janet Rudman came forward as a result of those statements... 563 00:36:09,479 --> 00:36:11,970 her testimony is inadmissible, too. 564 00:36:12,715 --> 00:36:15,411 At the very least, Ben, I think you'd instruct your assistants... 565 00:36:15,485 --> 00:36:18,318 about questioning defendants outside the presence of their attorneys. 566 00:36:18,388 --> 00:36:20,856 Your Honor, Claire, she did this on her own accord. 567 00:36:20,924 --> 00:36:23,256 Our office never asked her to talk to Thayer or Ms. Rudman. 568 00:36:23,326 --> 00:36:25,556 That doesn't even pass the laugh test, Ben. 569 00:36:25,628 --> 00:36:27,619 Claire Kincaid's a member of your office. 570 00:36:27,697 --> 00:36:31,656 She was. Prior to the committee's censure, she offered her resignation. 571 00:36:31,734 --> 00:36:34,294 This is bootstrapping, Your Honor. 572 00:36:34,370 --> 00:36:36,964 Arthur, you're not playing to a jury. 573 00:36:37,674 --> 00:36:40,837 I assume you have proof of Ms. Kincaid's resignation? 574 00:36:40,910 --> 00:36:43,640 Yes, sir. A letter dated four weeks ago. 575 00:36:50,819 --> 00:36:53,413 Ms. Kincaid acted as a private person... 576 00:36:53,722 --> 00:36:57,954 and as such is unfettered by the restraints of the Miranda decision. 577 00:37:03,966 --> 00:37:08,232 We met Joel Thayer and his wife six years ago on vacation in Barbados. 578 00:37:08,337 --> 00:37:10,464 Did you become friends with the Thayers? 579 00:37:10,539 --> 00:37:14,339 We shared a social life, we traveled together. 580 00:37:14,810 --> 00:37:18,746 I always assumed that we were very close friends. 581 00:37:18,847 --> 00:37:20,542 At one point, didn't you learn... 582 00:37:20,615 --> 00:37:24,107 that Joel Thayer had intimate relations with your wife? 583 00:37:24,319 --> 00:37:26,549 Yes. When Janet told me. 584 00:37:26,621 --> 00:37:30,113 Objection. Hearsay. No. I'll allow it. 585 00:37:30,425 --> 00:37:33,326 Mr. Rudman, how did you react to this news? 586 00:37:35,330 --> 00:37:37,855 I was furious with my wife... 587 00:37:38,867 --> 00:37:42,325 and devastated at being deceived by a supposed friend. 588 00:37:43,071 --> 00:37:47,064 Did you ever come to terms with this affair that your wife was having? 589 00:37:49,144 --> 00:37:52,671 I told my wife that I could forgive her adultery... 590 00:37:54,516 --> 00:37:57,974 but that I could not tolerate her continuing to protect Joel Thayer... 591 00:37:58,053 --> 00:38:02,854 after he had subjected us to a campaign of terror. 592 00:38:03,959 --> 00:38:06,325 Thank you. Your witness. 593 00:38:10,431 --> 00:38:13,366 This alleged campaign of terror... 594 00:38:13,834 --> 00:38:16,462 you witnessed it yourself, Mr. Rudman? 595 00:38:17,271 --> 00:38:18,295 No... 596 00:38:18,372 --> 00:38:21,739 So you simply accepted your wife's version of events? 597 00:38:22,043 --> 00:38:24,204 I believe my wife is telling the truth. 598 00:38:24,345 --> 00:38:25,334 Uh-huh. 599 00:38:25,613 --> 00:38:29,413 How long was it that your wife deceived you with Joel Thayer? 600 00:38:30,818 --> 00:38:34,515 She said that they had been involved for a little over a year. 601 00:38:34,588 --> 00:38:36,522 Thirteen, fourteen months... 602 00:38:37,291 --> 00:38:40,783 during which time she never told you anything about the affair... 603 00:38:40,928 --> 00:38:42,293 or the attacks? 604 00:38:43,597 --> 00:38:44,928 No. 605 00:38:44,999 --> 00:38:48,366 Isn't it true, sir, that she confessed this infidelity... 606 00:38:48,436 --> 00:38:50,870 just as it was about to become public knowledge? 607 00:38:50,938 --> 00:38:54,931 Objection, Your Honor. He is asking for the declarant's state of mind. 608 00:38:56,677 --> 00:38:58,008 Overruled. 609 00:38:59,547 --> 00:39:01,208 I suppose so, yes. 610 00:39:01,415 --> 00:39:04,543 In fact, you know so, sir. 611 00:39:10,091 --> 00:39:11,683 Come in. 612 00:39:16,597 --> 00:39:18,189 How's it going? 613 00:39:21,135 --> 00:39:23,933 A circumstantial case against Arthur Gold. 614 00:39:26,540 --> 00:39:29,440 I've spoken to someone who wants to be a witness. 615 00:39:29,742 --> 00:39:33,371 Well, an addition to the witness list at this late date... 616 00:39:34,214 --> 00:39:36,682 it means a head-to-head with Gold. 617 00:39:37,884 --> 00:39:39,852 Is this person worth it? 618 00:39:40,153 --> 00:39:42,383 She's potentially devastating. 619 00:39:43,756 --> 00:39:45,383 Your Honor, we've received word... 620 00:39:45,458 --> 00:39:47,551 that Mrs. Thayer is willing to testify. 621 00:39:47,627 --> 00:39:50,653 That's outrageous. Her name was never on the People's witness list. 622 00:39:50,730 --> 00:39:54,632 We all know that your client is protected by spousal privilege. 623 00:39:54,734 --> 00:39:56,463 You better have something new, Counselor. 624 00:39:56,536 --> 00:39:59,437 We've learned that Mrs. Thayer was aware of her husband's attempts... 625 00:39:59,506 --> 00:40:01,064 to terrorize Janet Rudman. 626 00:40:01,141 --> 00:40:04,338 I hold marital confidence near and dear. 627 00:40:04,844 --> 00:40:09,781 Nothing Mrs. Thayer says can issue from communication between husband and wife. 628 00:40:10,450 --> 00:40:12,441 I understand, Your Honor. 629 00:40:13,119 --> 00:40:16,145 Mrs. Thayer, without betraying any confidences... 630 00:40:16,222 --> 00:40:19,453 did you know that your husband was having an affair? 631 00:40:19,726 --> 00:40:23,321 I had suspicions. What prompted these suspicions? 632 00:40:23,596 --> 00:40:25,461 Joel became erratic... 633 00:40:25,732 --> 00:40:29,259 started missing appointments, misplacing papers. 634 00:40:29,335 --> 00:40:31,826 That sort of thing. Anything else? 635 00:40:32,005 --> 00:40:33,996 In a strange way, he became... 636 00:40:34,674 --> 00:40:37,438 more affectionate, open. 637 00:40:38,178 --> 00:40:41,636 He told me I was the most important thing in his life. 638 00:40:43,149 --> 00:40:46,778 My husband usually had a difficult time articulating his emotions. 639 00:40:46,853 --> 00:40:50,310 How did you respond to these new displays of affection? 640 00:40:50,656 --> 00:40:53,955 I loved it. I tried to help him. 641 00:40:54,059 --> 00:40:57,290 Keep things organized, the way he liked them. 642 00:40:57,763 --> 00:41:00,288 Did you organize things on his boat? 643 00:41:00,365 --> 00:41:03,664 I thought he'd begun keeping a scrapbook. 644 00:41:04,903 --> 00:41:07,497 There were clippings from various magazines. 645 00:41:07,573 --> 00:41:11,805 You could see where the words had been cut out. I put them away for him. 646 00:41:12,411 --> 00:41:16,507 Are these the clippings, marked People's Exhibit One for identification... 647 00:41:16,582 --> 00:41:19,881 that you found on the boat? Yes. 648 00:41:21,286 --> 00:41:24,380 Your Honor, request that People's One be moved into evidence. 649 00:41:24,590 --> 00:41:27,582 Voir dire, I expect, Counselor? Yes, Your Honor. 650 00:41:27,659 --> 00:41:30,526 Mrs. Thayer, are you saying that only now... 651 00:41:30,596 --> 00:41:33,463 do you realize the significance of these clippings? 652 00:41:35,400 --> 00:41:37,630 I was a good wife to him. 653 00:41:38,604 --> 00:41:40,697 As far as I'm concerned... 654 00:41:41,506 --> 00:41:43,701 he deserves whatever he gets. 655 00:41:50,549 --> 00:41:52,574 No objections, Your Honor. 656 00:41:56,922 --> 00:42:01,018 Arthur, your client has 30 years of IOU's to pick up on. 657 00:42:01,093 --> 00:42:03,653 We go in that courtroom, the gloves are off. 658 00:42:03,729 --> 00:42:07,426 Five years, suspended, he resigns from the bench. 659 00:42:07,866 --> 00:42:11,096 He gives up his license to practice law, three-to-nine. 660 00:42:11,168 --> 00:42:14,069 Not a chance, Ben. He has to have something to come back to. 661 00:42:14,138 --> 00:42:16,072 Except as a criminal defendant... 662 00:42:16,140 --> 00:42:18,768 he never sets foot in a courtroom again. 663 00:42:19,143 --> 00:42:22,806 No room in that cold, prosecutor's heart for a little compassion? 664 00:42:22,880 --> 00:42:25,906 Yes, sir. I have compassion for the criminal justice system. 665 00:42:25,983 --> 00:42:27,814 It deserves better than Joel Thayer. 666 00:42:27,885 --> 00:42:32,288 One-to-three on attempt grand larceny two. He maxes out in 18 months. 667 00:42:34,425 --> 00:42:38,122 He allocutes to all the facts. Full record. 668 00:42:41,198 --> 00:42:44,429 You understand that your plea has the same effect... 669 00:42:44,502 --> 00:42:46,697 as a jury's verdict of guilty? 670 00:42:47,371 --> 00:42:48,736 Yes, Your Honor. 671 00:42:49,440 --> 00:42:51,908 Do the People wish to enquire? Yes, Your Honor. 672 00:42:51,976 --> 00:42:55,503 Mr. Thayer, for the record, please describe what happened. 673 00:42:56,914 --> 00:42:58,779 I pursued Janet Rudman. 674 00:43:00,117 --> 00:43:01,744 I wanted to see her. 675 00:43:01,919 --> 00:43:04,683 In what manner did you pursue her, sir? 676 00:43:06,624 --> 00:43:08,751 I phoned her at her house. 677 00:43:09,093 --> 00:43:11,857 I followed her on the street. 678 00:43:12,496 --> 00:43:16,455 What did you do next, sir? You have to understand... 679 00:43:16,834 --> 00:43:18,927 that I was under a lot of stress. 680 00:43:20,438 --> 00:43:21,837 I wasn't myself. 681 00:43:21,906 --> 00:43:25,637 Mr. Thayer, did you threaten Mrs. Rudman's child? 682 00:43:30,414 --> 00:43:32,904 Janet knows I never meant any harm. 683 00:43:32,982 --> 00:43:34,779 Your Honor, this is insufficient. 684 00:43:34,984 --> 00:43:38,181 Either the defendant allocutes to all the elements of each offense... 685 00:43:38,254 --> 00:43:41,018 or the People withdraw their plea offer. 686 00:43:42,692 --> 00:43:47,095 I regret any distress my actions may have caused. 687 00:43:47,664 --> 00:43:49,894 Approach. You, too, Mr. Thayer. 688 00:43:53,703 --> 00:43:57,901 Your Honor, the defendant is behaving as if someone else performed these acts. 689 00:43:57,974 --> 00:44:00,033 You want him on his knees, Ben? Walter... 690 00:44:00,110 --> 00:44:02,169 Judge Schreiber to you. 691 00:44:02,579 --> 00:44:06,481 Now, I've heard all the dodging and weaving I can take on this one. 692 00:44:06,549 --> 00:44:08,676 You wore the same robe I do. 693 00:44:08,985 --> 00:44:12,079 You know the drill. Now, if you want to dance... 694 00:44:12,255 --> 00:44:15,952 you can come back and dance at a trial. So, let's hear it. 695 00:44:16,593 --> 00:44:17,821 All of it. 696 00:44:42,652 --> 00:44:45,780 In an effort to convince... 697 00:44:46,823 --> 00:44:48,723 Janet Rudman of my love... 698 00:44:48,792 --> 00:44:52,057 of the sincerity of that love - Your Honor. 699 00:44:52,128 --> 00:44:54,618 Describe your actions, Mr. Thayer. 700 00:45:00,235 --> 00:45:02,362 I just wanted to scare her. 701 00:45:03,705 --> 00:45:06,674 If I scared her, then she couldn't leave me. 702 00:45:08,777 --> 00:45:11,678 She would always come to me, always need me. 703 00:45:14,316 --> 00:45:17,979 I never... I never meant to hurt anyone. 704 00:45:18,053 --> 00:45:20,715 Mr. Thayer, sir... 705 00:45:22,057 --> 00:45:23,786 for the last time... 706 00:45:24,293 --> 00:45:26,420 for the very last time... 707 00:45:27,896 --> 00:45:30,592 did you threaten to harm... 708 00:45:31,333 --> 00:45:32,960 Mrs. Rudman's child? 709 00:45:37,773 --> 00:45:40,071 I require an answer. 710 00:45:45,681 --> 00:45:46,909 Yes.