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