- [Here at the police department next to the interrogation room. Arnie is here with two detectives]
- Detective Mark Matosian: Thanks very much for coming in on such short notice. You're sure you don't want some coffee?
- Arnie Becker: No. No, thank you.
- Detective Mark Matosian: At this stage, we're just questioning anyone who had recent dealings with Ms. Greer. Please sit down.
- [Arnie Becker take a seat and was questioning by Detectives Mark Matosian and Don Cuva for interrogation about Camilla Greer's death]
- Detective Mark Matosian: [Continue the lines] So when did you last see her?
- Arnie Becker: Uh, 2 days ago.
- Detective Mark Matosian: And what were the circumstances?
- Arnie Becker: It involved a legal matter.
- Detective Mark Matosian: Was it how you and Ms. Greer knew each other, this, uh-- this legal matter?
- Arnie Becker: Uh, actually, we met several years ago. A mutual friend introduced us.
- Detective Mark Matosian: How often did you see her after that?
- Arnie Becker: 4 or 5 times, uh, all social occasions.
- Detective Don Cuva: Were you a client?
- Arnie Becker: Uh, no, no. Our relationship was strictly social.
- Detective Don Cuva: She never procured anyone to accommodate your particular taste in women?
- Arnie Becker: What's that supposed to mean?
- Detective Mark Matosian: We hear, when it comes to women, you're something of a rough rider.
- Arnie Becker: What?
- Detective Mark Matosian: Did Ms. Greer ever try to extort money from you in exchange for keeping your relationship secret?
- Arnie Becker: Look, I came down here voluntarily as someone who happened to know the deceased. If I'm a suspect, I should have damn well been told before you start asking me questions.
- Detective Don Cuva: You are a suspect, Mr. Becker.
- Arnie Becker: Based on what?
- Detective Mark Matosian: Based on the fact that you were seen leaving Camilla Greer's home last night 2 hours before her body was found.
- Detective Don Cuva: You want to tell us what you were doing there?
- Arnie Becker: I'm not answering any more questions.
- Detective Don Cuva: All right, at this point, I have to inform you that you are under arrest for the murder of Camilla Greer.
- Arnie Becker: What?
- Detective Don Cuva: You have a right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be provided to you free of charge. Now, do you understand each of these rights as I've explained them to you?
- Leland McKenzie: And he went down to the police station to make what he thought was a routine statement. They arrested him for murder.
- Stuart Markowitz: And he didn't tell you any more than that?
- Leland McKenzie: No, not on the phone.
- Jonathan Rollins: This is unbelievable.
- Patrick Flanagan: Has a bail hearing been set?
- Leland McKenzie: The DA's office is playing games. I'm going there this morning to see Holzman.
- Jane Halliday: You mean he might have to spend the night in jail?
- Leland McKenzie: It is a distinct possibility.
- Douglas Brackman, Jr.: Once it's set, Ann, can you handle the bail hearing?
- Ann Kelsey: Sure, the only problem is they won't be able to talk to Arnie till this afternoon. I'm in court all morning.
- Jane Halliday: I'll - I'll go talk to him.
- Leland McKenzie: Jonathan, you should talk to the police. Find out the names of all the officers involved, get as much as you can.
- Jonathan Rollins: Right.
- Stuart Markowitz: We may also need the services of a private investigator.
- Eli Levinson: I'll call Jinx.
- Douglas Brackman, Jr.: All of Arnold's active clients need to be contacted, reassured, and, signed to other members of the firm until Arnold is available again.
- Leland McKenzie: You and I should make those calls, Douglas.
- Douglas Brackman, Jr.: And under no circumstances should anyone talk to the press. We'll issue a short statement emphasizing our support and belief in Arnold's innocence.
- Patrick Flanagan: I can do that. I have some contact with the LA Times.
- Stuart Markowitz: I'll talk to the office staff.
- Douglas Brackman, Jr.: Good.
- [Douglas has closed his gold hunter case pocket watch that the time is up]
- Patrick Flanagan: There's no chance he actually did it, is there?
- [Jane will help get Arnie out from jail. Jonathan will be talking to the police]
- Leland McKenzie: We will proceed on the assumption there is not.
- [Eli will talk to the private investigator Jinx to trail someone, accused of framing Arnie, Patrick will be leaving to speak to LA Times, and Stuart wants Ann Kelsey to get to the bail hearing that would free Arnie Becker in court]
- [Back from the honeymoon, Law Messenger Benny Stulwicz is doing the paperwork for the file. But someone's here arrived as a guest]
- Chet Hickey, Copier Serviceman #1: Uh, excuse me. I'm looking for Ms. Iannello.
- Benny Stulwicz: Oh, uh, she's over there.
- Chet Hickey, Copier Serviceman #1: Thanks.
- Denise Iannello: [Denise as Secretary on the phone] Okay. Yeah, I got to go. I'll tell him you can call me. Okay, bye-bye.
- Chet Hickey, Copier Serviceman #1: Hi, I'm here about the copier.
- Denise Iannello: I thought you come yesterday.
- Chet Hickey, Copier Serviceman #1: Yeah, I know and I'm sorry. I was hung up on traffic most of the afternoon.
- Denise Iannello: Hmm. Well, somebody could have called.
- Chet Hickey, Copier Serviceman #1: They didn't call you?
- Denise Iannello: No. Nobody calls.
- Chet Hickey, Copier Serviceman #1: I apologize. But...
- Denise Iannello: Have you been here before?
- Chet Hickey, Copier Serviceman #1: No. Never.
- Denise Iannello: Oh, Benny, can you show this gentleman where the copier is?
- Benny Stulwicz: Oh, sure.
- Denise Iannello: Thank you.
- Chet Hickey, Copier Serviceman #1: Thank you.
- [Benny will take Chet Hickey to find the copier. Chet is whistling]
- A.D.A. Tommy Mullaney: Oh, Stan, I been looking for you.
- Stan Holzman: What's up?
- A.D.A. Tommy Mullaney: I wanna talk to you about John Rosten.
- Stan Holzman: Oh, come on, Tommy.
- A.D.A. Tommy Mullaney: It's gotta be another way to do this.
- Stan Holzman: I thought we already had this discussion. Whether we like it or not, three strikes is the law.
- A.D.A. Tommy Mullaney: What if you reduce the charge to a misdemeanor? One-year County Jail?
- Stan Holzman: The guy receives $6,000 worth of stolen goods. How do you make that into a misdemeanor?
- A.D.A. Tommy Mullaney: I think we can figure some special circumstances. I get the conviction, John Rosten does life.
- Stan Holzman: That's right.
- A.D.A. Tommy Mullaney: Stan, he got caught with stolen doping supplies.
- Stan Holzman: Before that, he committed two armed robberies. Go for the felony, Tommy. And go for the conviction.
- A.D.A. Tommy Mullaney: He did those robberies and serve time for 15 years ago. What happened to a little prosecutorial discretion?
- Stan Holzman: The three-strikes laws what happened.
- [Heads in the elevator]
- Stan Holzman: My job is not to redefine it, but to enforce it. As is across-the-board. No exceptions. Go for the felony, Tommy.
- [In the chambers, Judge Carolyn Walker looking up law books. Knocking the door is the A.D.A. Tommy Mullaney]
- A.D.A. Tommy Mullaney: It's me.
- Judge Carolyn Walker: Hi, I just called you. Pull some strings and I got us a suite at the Ventana for Friday, Saturday and Sunday night.
- A.D.A. Tommy Mullaney: Great.
- Judge Carolyn Walker: That was convincing.
- A.D.A. Tommy Mullaney: Oh, I just talked to Holzman.
- Judge Carolyn Walker: Anyone agree to reducing the charge against John Rosten?
- A.D.A. Tommy Mullaney: Nope.
- [Closed the book]
- Judge Carolyn Walker: Are you surprised?
- A.D.A. Tommy Mullaney: I don't think I've ever gone into a trial before where I've actually wanted to lose.
- [Judge Walker looking up the case file]
- Judge Carolyn Walker: Well, I'm sure that once you're in there, whatever ambivalent you have will soon give way to that well-worn killer instinct of yours.
- A.D.A. Tommy Mullaney: And Morse the pity, I win. And this guy goes away for life?
- [Tommy and Judge Walker take a seat]
- Judge Carolyn Walker: Look the guy is committed to violent felonies in the past that we know about. God knows how many we don't know about and having committed a third...
- A.D.A. Tommy Mullaney: Non-violent felony.
- Judge Carolyn Walker: A felony nevertheless, he's got to pay the consequences.
- A.D.A. Tommy Mullaney: I hate it.
- Judge Carolyn Walker: [Nodded] Who's the judge?
- A.D.A. Tommy Mullaney: Uh, Arthur Bryson.
- [Judge Walker sits next to Tommy and talk]
- Judge Carolyn Walker: You're not going to be too crazy about this either.
- A.D.A. Tommy Mullaney: Why?
- Judge Carolyn Walker: Remember what I told you I live with the man for a couple of years?
- A.D.A. Tommy Mullaney: Mm-hmm.
- Judge Carolyn Walker: Well, that man was Arthur Bryson.
- A.D.A. Tommy Mullaney: Does he know about us?
- Judge Carolyn Walker: Tommy, we've been seen each other for 3 months, uh, the courthouse parking attendant knows about us.
- A.D.A. Tommy Mullaney: Or should I ask him to recuse himself?
- Judge Carolyn Walker: Well, see how it goes, I really don't think it's necessary the relationships been over for a while and we're very cordial one another and... as a rule, Arthur's pretty fair-minded.
- A.D.A. Tommy Mullaney: Who else have you slept with around this courthouse?
- Judge Carolyn Walker: I don't think you really wanna know the answer to that, do you?
- A.D.A. Tommy Mullaney: Ho-ho. You slut.
- Judge Carolyn Walker: You slut, Your Honor.
- A.D.A. Tommy Mullaney: Forgive me.
- [Here at the L.A. County Jail, the guard brings Arnie to have someone here to see him. Jane Halliday is here for questioning. They talked in the glass wall while speaking in the telephone receiver]
- Arnie Becker: Get me out of here.
- Jane Halliday: Everything's being handled. You need to tell me what happened.
- Arnie Becker: The cops asked me to come down here for routine questioning. I cooperated. Next thing I know, they accused me of being one of Camilla's customers.
- Jane Halliday: Were you a customer?
- Arnie Becker: No.
- Jane Halliday: Did the police give you any indication as to why they consider you a suspect?
- Arnie Becker: [sighed] Last night, I went to Camilla Greer's on behalf of Frank Askoff. I found her dead. I left. Apparently, someone saw me.
- Jane Halliday: You didn't report it?
- Arnie Becker: Frank hired me a large part to protect his reputation. I didn't want to associate myself and by extension him to a prostitute's murder.
- Jane Halliday: Do you think that Frank could have killed her?
- Arnie Becker: I don't know. He certainly had motive. But knowing Camilla, he wasn't the only one. Look, I got to talk to Frank.
- Jane Halliday: OK. I'll let you know as soon as the bail hearing is set.
- Arnie Becker: Do we know what the DA is in charge of my case?
- Jane Halliday: Someone named Belinda Fox.
- [Arnie remembers it well]
- Jane Halliday: Do you know her?
- Arnie Becker: Yeah, I know her.
- [Here at the hospital. At the Doctor's Office, Dr. Warren Chessler is here to get start for Leland's appointment]
- Dr. Warren Chessler: Sorry to keep you waiting, Leland.
- Leland McKenzie: Well, there's no sense breaking with tradition this late in life.
- [Dr. Chessler laughing]
- Leland McKenzie: What have we got?
- Dr. Warren Chessler: How's the pain?
- Leland McKenzie: It passes.
- [Leland takes off his eyeglasses]
- Dr. Warren Chessler: Are you taking the medication?
- Leland McKenzie: Nope.
- Dr. Warren Chessler: Leland.
- Leland McKenzie: Well, for some odd reason, my clients and my partners rely on me to keep a clear mind. Now, what do we looking at?
- Dr. Warren Chessler: [Dr. Chessler looking the results] The biopsy came back positive, remains to be seen what course of treatment to follow.
- Leland McKenzie: But we didn't catch it early.
- Dr. Warren Chessler: You'd always like to catch it earlier. But no, we didn't. I'd like to schedule you for surgery. We need to get in there and see how things stand. How are you the week of the 23rd?
- Leland McKenzie: Fine. It's fine.
- [Chet whistling while doing some copier work. Law Messenger Benny Stulwicz is doing some hard work at the filing room. Denise hears that whistling because it's inappropriate]
- Denise Iannello: Excuse me. Is all that whistling necessary?
- Chet Hickey, Copier Serviceman #1: Oh, forgive me. Was I bothering you?
- Denise Iannello: Well, a little bit. You whistle a lot, you know.
- Chet Hickey, Copier Serviceman #1: Yeah, I do whistle a lot. It finally relaxes me.
- Denise Iannello: You well becoming someone annoying to others.
- Chet Hickey, Copier Serviceman #1: Well, that's interesting. You know there are those who very much enjoy it.
- Denise Iannello: Is that right?
- Chet Hickey, Copier Serviceman #1: Yeah. You know there was a period of time where my dad used to whistle the theme of the movie Laura? You know the one.
- [Chet whistling continues, but Benny hears it, too]
- Chet Hickey, Copier Serviceman #1: Over and over and over again, you know until I finally said to him, "Dad, we've got to expand your repertoire a bit". You know what he said to me? He said, "Chet, when I get a song in my head". I get a song in my head.
- [Benny was surprised to hear and see Chet whistling. Chet keeps on whistling over, and over and over again, but Denise has heard enough]
- Denise Iannello: Would you please stop whistling?
- Chet Hickey, Copier Serviceman #1: I'm sorry.
- [Denise got a list along with the clipboard]
- A.D.A. Tommy Mullaney: Mr. Dorsett, on or around March 10, 1994, did you have a conversation with the defendant John Rosten regarding the copper pipe?
- Hortense Krieger: Objection. Calls for hearsay.
- A.D.A. Tommy Mullaney: Admission against interest.
- Judge Arthur Bryson: Overrule. The witness will answer.
- Albert Dorsett: I told John that Myatt brothers were planning on stealing a load of copper pipe from Stroh Snider's building supply. I also told him that if he held it in his yard until a buyer was found, could make himself 500 bucks.
- A.D.A. Tommy Mullaney: What was his response?
- Albert Dorsett: Said it was OK.
- A.D.A. Tommy Mullaney: Did you actually see the pipe after it was stolen in Mr. Rosten's possession?
- Albert Dorsett: Yes, I did. I saw it in his garage.
- A.D.A. Tommy Mullaney: I have no further questions.
- Hortense Krieger: Mr. Dorsett, when you asked Mr. Rosten to hold on to the copper piping, you made no mention of the fact that it was stolen, isn't that true?
- Albert Dorsett: Uh, no, that's not true.
- Hortense Krieger: Do you have any reason to lie here today, sir?
- Albert Dorsett: No.
- Hortense Krieger: Isn't it true that at the time of your arrest, you offered to testify against Mr. Rosten and the Myatt brothers in return for leniency?
- Albert Dorsett: I offered to tell the truth.
- Hortense Krieger: What, if anything, did the district attorney's office offer you in exchange for testifying?
- Albert Dorsett: They would charge me with a misdemeanor.
- Hortense Krieger: Are you familiar with California's three-strikes law?
- A.D.A. Tommy Mullaney: Objection. Sidebar, Your Honor.
- Judge Arthur Bryson: Approach.
- [A.D.A. Tommy Mullaney and Hortense Krieger approached the sidebar of Judge Arthur Bryson]
- A.D.A. Tommy Mullaney: Your Honor, the three-strikes law is irrelevant. We all know that the jury is not supposed to consider punishment when deciding guilt or innocence. Ms. Krieger is only making reference to get sympathy for her client.
- Hortense Krieger: Your Honor, this law is entirely relevant. It goes to impeach Mr. Mullaney's star witness, who was facing his third strike when he cut his deal with the DA.
- Judge Arthur Bryson: That true?
- A.D.A. Tommy Mullaney: Yes.
- Judge Arthur Bryson: It goes to the credibility of the witness. The objection is overruled. Stand back.
- Hortense Krieger: Mr. Dorsett, at the time of your arrest, you had two felony convictions, one for burglary and one for armed robbery, correct?
- Albert Dorsett: Yeah, that's correct.
- Hortense Krieger: Are you aware of the fact that had you been charged with a third felony, you'd be facing a mandatory sentence of 25 to life?
- Albert Dorsett: Yes.
- Hortense Krieger: Would it be fair to say then that you were extremely anxious to reduce your charge to a misdemeanor and willing to turn on people that you'd known most of your life?
- Albert Dorsett: Oh, like they wouldn't do it to me?
- John Rosten: I wouldn't do it to you, Albert.
- Judge Arthur Bryson: That's enough, Mr. Rosten.
- Hortense Krieger: What sentence did you receive as a result of your deal?
- Albert Dorsett: I got 3 years probation.
- Hortense Krieger: I have nothing further.
- Judge Arthur Bryson: Witness may step down.
- [Albert Dorsett is finished and steps down]
- Judge Arthur Bryson: This court is adjourned for lunch until 2:00 PM.
- [Mr. Mullaney looks at the time to leave. Pull over by John Rosten]
- John Rosten: Mr. Mullaney, would you please give me 5 minutes in the room so I can explain to you how this all happened?
- A.D.A. Tommy Mullaney: Ms. Krieger, would you please advise your client that this constitutes an inappropriate communication?
- John Rosten: [But John begs] I just want to see who I am. I'm not the type of person you should be doing this to.
- Hortense Krieger: All right, come on, John.
- Bailiff: Sir.
- John Rosten: Mr. Mullaney, please, 5 minutes. That's all I ask.
- [But the court officer instructed John Rosten to do so. An officer takes the defendant back into custody and now leaves. Mr. Mullaney and Ms. Krieger are going take a break for lunch]
- Ann Kelsey: Your Honor, the defense asks that Mr. Becker's bail be set at $100,000. My client had numerous ties to this community, not to at least of which is the long-standing partnership with the law firm of McKenzie Brackman. As such, he does not represent a flight risk.
- DDA Belinda Fox: Respectively, Your Honor, the people disagree. Mr. Becker has the financial means and the connections to leave this country quickly and quietly. We ask that he be held without bail.
- Ann Kelsey: Ask the counsel explain her reference to financial means and connections, Your Honor.
- Judge Herman Keene: Ms. Fox.
- DDA Belinda Fox: Mr. Becker's salary is in the high six figures, and he owns property in Tabitha.
- Ann Kelsey: Although the defendant will gladly give up his passport, I would ask that counsel explain how she knows this things about my client.
- DDA Belinda Fox: He told me.
- Judge Herman Keene: In the context of your investigation of this case?
- DDA Belinda Fox: In the context of a conversation we had prior to his arrest.
- Ann Kelsey: This brings us to our second motion, Your Honor. We ask that the court order the District Attorney's Office to disqualify Ms. Fox as prosecutor in this case.
- Judge Herman Keene: Why would I do that, Ms. Kelsey?
- Ann Kelsey: She was recently involved in the romantic relationship with my client, which ended rather badly. We believed that her resulting animus makes it impossible for her prosecute this case in an unbiased manner.
- DDA Belinda Fox: Your Honor, my relationship with Mr. Becker was inconsequential and has no bearing on this case. These charges were brought against the defendant because he was seen leaving the scene of the murder by two investigators for the District Attorney's Office. His fingerprints were found throughout the victim's house and on the victim's body.
- Ann Kelsey: And who was it that assigned the investigators to follow him in the first place?
- DDA Belinda Fox: I did.
- Judge Herman Keene: For what reason?
- DDA Belinda Fox: Mr. Becker is the subject of an ongoing investigation for obstructing justice.
- Arnie Becker: [Protesting] That is a total sham!
- Jane Halliday: Arnie.
- Arnie Becker: This woman is out to get me. That is the only reason that I'm here.
- Judge Herman Keene: Ms. Kelsey, please advise your client that these outbursts are in no way helping his case.
- Ann Kelsey: I'm sure he understands that, Your Honor.
- Judge Herman Keene: All right. As to this motion for disqualification, I want supporting papers filed by both sides. I'll take that matter under advisement. As to the issue of bail, I do not believe that Arnold Becker represents a flight risk. I, therefore, am gonna set bail in this matter. Due to the seriousness of the crime, I'm going to order the bail be set in the sum of $500,000. All right, let's call the next case, please.
- Judge Carolyn Walker: So what's the problem?
- A.D.A. Tommy Mullaney: There's no problem. It's just I'm not sure the for the weekend go away.
- Judge Carolyn Walker: I need I get to it.
- A.D.A. Tommy Mullaney: So what's out there exactly?
- Judge Carolyn Walker: What do you need a big surround you ever been in sewer hole?
- Maitre D': Oh, clearing table right now, judge.
- Judge Carolyn Walker: Thanks, Rudy.
- A.D.A. Tommy Mullaney: It's far, isn't it?
- Judge Carolyn Walker: That only takes 2 hours together.
- A.D.A. Tommy Mullaney: You don't think it would be more relaxing to just stay in bed salt?
- Judge Carolyn Walker: No, I don't.
- A.D.A. Tommy Mullaney: All right.
- Judge Carolyn Walker: [laughing] Look, I have a suite reserved, the hot tub and a fireplace. Plus massage is scheduled for both days. I think we should take advantage of it, don't you?
- Judge Arthur Bryson: I heartily concur.
- [Judge Carolyn Walker turned behind her is Judge Arthur Bryson]
- Judge Carolyn Walker: Hi, Arthur.
- Judge Arthur Bryson: Hi, Carolyn.
- A.D.A. Tommy Mullaney: Judge Bryson.
- [Tommy shaking hands with Judge Bryson]
- Judge Arthur Bryson: Counselor.
- Judge Carolyn Walker: Arthur.
- Judge Culbert: Hi, Carolyn.
- A.D.A. Tommy Mullaney: Good to meet you, Tommy Mullaney.
- Judge Culbert: Judge Culbert, it's a pleasure.
- Judge Arthur Bryson: What's it look like?
- Maitre D': Give me 5 minutes.
- Judge Culbert: I'll see you at 2:00.
- Judge Arthur Bryson: So, where are we going?
- Judge Carolyn Walker: Ventana.
- Judge Arthur Bryson: Oh, I remember it well.
- Judge Carolyn Walker: Yes, it didn't stop raining, how come you were there?
- Judge Arthur Bryson: Both times we were there.
- Maitre D': Your Honor, your tables ready.
- Judge Arthur Bryson: Good to see you again, Carolyn. Counselor?
- [Tommy will take Carolyn to the table and order some food in the restaurant]
- [Arnie Becker heads back to the law office. After was he is released from jail and out on bail, the woman hands in the slip to Arnie, but finds out what Frank Askoff doing in his office. Frank was looking out the window, and he turned to Arnie and found out what happened]
- Frank Askoff: Arnie. I called when I heard it on the news.
- Arnie Becker: You and everybody I ever knew.
- Frank Askoff: Well, what happened?
- Arnie Becker: I went there to make the offer. I found her dead.
- Frank Askoff: Well, you didn't say anything to the police about me, did you?
- Arnie Becker: Attorney-client privilege obtains. I didn't violate your confidence.
- Frank Askoff: Well, I appreciate that.
- Arnie Becker: Attorney-client privilege does not obtain when the attorney has to defend himself.
- Frank Askoff: Now, you mean, you're not my lawyer anymore?
- Arnie Becker: That's right. One of the principal components of my defenses could be pointing the finger at someone else. As far as I'm concerned, whoever was in Camilla's book is a potential suspect.
- Frank Askoff: It's gonna be hard to know who they all are. I mean, I imagine whoever killed her are also got rid of the book.
- Arnie Becker: Was it you, Frank?
- Frank Askoff: What do you mean?
- Arnie Becker: I mean, was it you?
- Frank Askoff: I take it you're asking me this not as my lawyer, huh?
- Arnie Becker: I'm asking you this as someone who's been arrested for murder.
- Frank Askoff: Look, they're not gonna make this thing stick. I mean, if you didn't do it, they're not gonna to convict you.
- Arnie Becker: Sometimes that equation doesn't hold true.
- Frank Askoff: Well, it wasn't me, OK? It wasn't me.
- [Frank is lying]
- Arnie Becker: So you know, I'm going back to defending myself with everything this office has to bear. That means top-flight trial lawyers. It means private investigators. Whatever it takes, I will prove that I did not commit this murder.
- Frank Askoff: Well, no doubt you will.
- Hortense Krieger: Mr. Rosten, how did you come to have $6,000 worth of stolen copper pipe in your garage?
- John Rosten: He said he bought the pipe for a plumbing job and needed some place the story.
- Hortense Krieger: Is it your testimony that he made no mention of the fact that the pipe was stolen?
- John Rosten: Yes.
- Hortense Krieger: Following your arrest, did you sign this confession stating that you did have knowledge that the pipe was stolen?
- John Rosten: Yes.
- Hortense Krieger: Why did you sign it if it wasn't true?
- John Rosten: Because the cops told me they had me dead to rights, but that they could go easy on me if I was cooperative.
- Hortense Krieger: Have you ever been convicted of a felony before this?
- A.D.A. Tommy Mullaney: Sidebar, Your Honor.
- Judge Arthur Bryson: Approach.
- [A.D.A. Tommy Mullaney and Hortense Krieger approached the sidebar of Judge Bryson]
- A.D.A. Tommy Mullaney: Counsel's China's slip into these face and strike three, Your Honor. I believe that to be both irrelevant and prejudicial.
- Hortense Krieger: The fact that he was facing his third strike, meant that he is only chance of winning fee was having to reduce to a misdemeanor. That's what the cops promised him. That's what they liked him about.
- A.D.A. Tommy Mullaney: I've been advised it that no promises were made.
- Judge Arthur Bryson: Counsel, whether or not your client was misled. There's no evidence that the confession was coerced. As such I find testimony as to these so-called three strikes law or the type of sentence Mr. Rosten is likely to receive a found guilty to be prejudicial rather than probative. You to make no mention either one. Stand back.
- Hortense Krieger: Mr. Rosten, how long has it been since you were convicted of a crime?
- John Rosten: More than 15 years.
- Hortense Krieger: You gainfully employed?
- John Rosten: Yes. I've been working at a hardware store for the past 12 years.
- Hortense Krieger: Do you permitted to operate the register, handle cash?
- John Rosten: Yes.
- Hortense Krieger: You ever been accuse of stealing anything while you're working there?
- A.D.A. Tommy Mullaney: Objection.
- Judge Arthur Bryson: Sustained.
- Hortense Krieger: Okay. I have nothing further.
- A.D.A. Tommy Mullaney: According to police records, you and Albert Dorsett were arrested for burglary together back in 1975?
- Hortense Krieger: Objection, half-bad answer inadmissible. I moved for an immediate mistrial.
- A.D.A. Tommy Mullaney: Defense counsel brought up his record on direction from the door.
- Judge Arthur Bryson: So she did. The objections overruled.
- A.D.A. Tommy Mullaney: Is your testimony that knowing Mr. Dorsett's history, you had no suspicion, no in clinking at all that the copper pipe he was asking you to look after was stolen?
- John Rosten: I didn't think about it.
- A.D.A. Tommy Mullaney: Were you lying when you confessed to the police?
- John Rosten: Yes, they told me I was the only way they could knock it down to a misdemeanor.
- A.D.A. Tommy Mullaney: Wouldn't you agree that you have a far greater incentive to lie today than you did on the day you were arrested?
- John Rosten: I don't deserve to get life imprisonment over this, sir!
- A.D.A. Tommy Mullaney: Move to strike.
- John Rosten: I got 2 children!
- Judge Arthur Bryson: Mr. Rosten.
- John Rosten: A girl who's 7 and a boy who's 9!
- Judge Arthur Bryson: Mr. Rosten, that's enough. The jury's instructed to disregard the defendant's outburst. Mr. Mullaney?
- A.D.A. Tommy Mullaney: No more questions.
- [A.D.A. Mullaney is done]
- [Back at the 444 Plaza Building in Los Angeles, Benny is whistling while he get his cup of coffee out from the microwave and have his sandwich and potato chips ready to eat for lunch]
- Jane Halliday: Thank you.
- Denise Iannello: Benny, have you seen Chet, the Copier guy?
- Benny Stulwicz: I don't think he's been here today.
- Denise Iannello: Oh. I feel bad.
- Eli Levinson: How come?
- Denise Iannello: Uh, because this guy was whistling, we got him a nurse, I told him to stop.
- Jane Halliday: So, why do you feel bad?
- Denise Iannello: Huh? I don't know, I guess I was a little harsh. Right?
- Benny Stulwicz: I don't know.
- Jane Halliday: Was he obnoxious?
- Denise Iannello: [Scoffs] No, not really, when the guy was just whistling.
- Benny Stulwicz: I don't like this lip come.
- Denise Iannello: [Clears throat] More guilt?
- Eli Levinson: Is he coming back?
- Denise Iannello: I assume so, I mean I don't think he's finish programming the copier.
- Eli Levinson: So, when he comes back, tell him you're sorry.
- Denise Iannello: Hmm. Is that absolutely necessary?
- Eli Levinson: No.
- Jane Halliday: It's really up to you.
- Denise Iannello: [sighs] Should have known better than to answer so were youse.
- [Denise opening the refrigerator to get something]
- Jinx Baldasseri: Okay. I'll put a tail on him starting tonight.
- Ann Kelsey: We have to be prepared for the possibility if he's leaving the country.
- Leland McKenzie: Yes, at this point, there's nothing we can do to prevent that. So practice movements.
- Jinx Baldasseri: Hmm. That I can do.
- Eli Levinson: Are we looking into any of her other clients?
- Jinx Baldasseri: I'm gonna talk to some others girls, see if I could start piecing together a list.
- Jane Halliday: You think it was Frank, though?
- Arnie Becker: Yes, I do.
- Leland McKenzie: Well, until we have something definite, we mustn't overlook anything.
- Arnie Becker: I wanna ride along with you when you tell him.
- Ann Kelsey: What for?
- Arnie Becker: 'Cause I wanna watch him with my own eyes.
- Jinx Baldasseri: What is it you think all of a sudden when I wanna miss something?
- Arnie Becker: Jinx, if I can gain some insight by riding along with you and thereby system my own defense, I think it's probably time well spent.
- Jinx Baldasseri: I'll be in front of the building at 5:30 p.m.
- Eli Levinson: I guess there's no reason for me to come along in that case.
- Jinx Baldasseri: Was there ever?
- [Jinx will be back. Eli will be prepared to be there with Arnie]
- Hortense Krieger: In a reasonable person, look at the prosecution's evidence and not has doubts as to Mr. Rosten's guilt. I think a reasonable person could have strong doubts, Mr. Rosten was in custody for 5 hours before he confessed. He was scared. And the police we're telling him over and over again, that he was as good as convicted, and that it was to his advantage to confess, and he believed them. The only other evidence comes from a man with two violent felony convictions, who under the three strikes law is looking at a possible life sentence if convicted. A man who would do or say anything to get out of that. Thanks to the DA, that man is a free man. While the defendant, a man who has led an exemplary life for more than 15 years, a man who also has two felony convictions, but stop being a criminal long ago is sitting here facing life imprisonment.
- A.D.A. Tommy Mullaney: Objection, move to strike.
- Judge Arthur Bryson: Objection is sustained. Defense Counsel's last remark is stricken. The jury instructed to disregard. Ms. Krieger, you are treading dangerously close to a mistrial.
- [Ms. Krieger will be careful and continue the closing. Ms. Krieger comforts John Rosten]
- Hortense Krieger: John Rosten says he did not know the pipe was stolen. I ask you as reasonable men and women to give him the benefit of the doubt.
- A.D.A. Tommy Mullaney: All I ask is that you look at the facts. $6,000 of stolen pipe was found in Mr. Rosten's yard. By Mr. Rosten's own testimony, the man who last in the store the pipe Albert Dorsett had been his partner in crime, Mr. Rosten knew Dorsett was a thief, not a plumber. He knew the pipe was stolen, he admitted so himself.
- [Mr. Mullaney look up the writing in paper]
- A.D.A. Tommy Mullaney: In writing. Now that's something innocent people don't usually do, and despite Ms. Krieger's suggestion, there's no evidence of any kind that Mr. Rosten's confession was coerced. As jurors, your job is not to consider what penalty lies ahead for Mr. Rosten if he's convicted. My job is to present you with those facts which I believe prove John Rosten's guilt. Your job is to examine those facts and make a decision. I'm confident that having done so, you will find John Rosten guilty.
- Eli Levinson: Remember Gene Hackman, The French Connection? He was on the street, eating pizza, drink coffee, or Fernando Rey with a restaurant. Remember that?
- Arnie Becker: What's he doing in there?
- Jinx Baldasseri: He's finding magazines.
- Arnie Becker: He's taking this sweet time.
- Eli Levinson: Would it be out of the question for me over there to buy magazine?
- Jinx Baldasseri: Completely out of the question. I have an idea. Why don't you boys go home and I gonna bring a full report in the morning.
- [Taking pictures of Frank Askoff at the newsstand]
- Arnie Becker: I got to use the bathroom.
- Jinx Baldasseri: There's a bar half a block off and try not to let him see you.
- [Arnie will be back]
- Eli Levinson: Boy, you really knew where it was kind of thing, don't you?
- Jinx Baldasseri: Why are you here, Eli?
- Eli Levinson: I told you I want to keep an eye on Arnie.
- Jinx Baldasseri: Right. I want you to tell me the real reason.
- Eli Levinson: What if I said I hope to rekindle the spark used to be there between us?
- Jinx Baldasseri: I'd say it's an unfailing entertainment to do.
- Eli Levinson: That's all right. I've managed to lay a foundation is that rekindle occur the later date. I've accomplished something. Have I done that?
- A.D.A. Tommy Mullaney: Oh, oh.
- Judge Carolyn Walker: Be careful.
- [A.D.A. Tommy Mullaney and Judge Carolyn Walker packing their bags]
- A.D.A. Tommy Mullaney: So what kind of massage did you schedule?
- Judge Carolyn Walker: Basics she has to.
- A.D.A. Tommy Mullaney: Which is what?
- Judge Carolyn Walker: You never had her ask her to massage.
- A.D.A. Tommy Mullaney: I've never had any massage.
- Judge Carolyn Walker: You're kidding.
- A.D.A. Tommy Mullaney: Well, not everybody has massages, Carolyn.
- Judge Carolyn Walker: [sighs] Stood it and stood through it tough, aren't you?
- A.D.A. Tommy Mullaney: Oh, yeah.
- Judge Carolyn Walker: Yeah, good.
- [Ringing the doorbell]
- Judge Carolyn Walker: I can't believe never have massage.
- [Turn on the light is Judge Arthur Bryson]
- Judge Carolyn Walker: Arthur? Hey, Arthur.
- Judge Arthur Bryson: I want to talk to you.
- Judge Carolyn Walker: Okay.
- Judge Arthur Bryson: I want to go somewhere else. I don't want to talk here.
- Judge Carolyn Walker: It was really isn't a good time, whatever it is, can we talk about it tomorrow?
- Judge Arthur Bryson: No, I don't want to talk tomorrow. I want to talk right now.
- A.D.A. Tommy Mullaney: Uh, why don't I step out for a minute, huh?
- Judge Carolyn Walker: No. We'll talk tomorrow.
- Judge Arthur Bryson: Everyday for the past week, this son of a bitch has been standing in my courtroom. I have had to look at him, I have had to listen to him. Up until today, I can handle it. I think Mr. Mullaney will bear me out when I say that I think I've been fair my rulings, and judicial, and my temperament. When however I heard, you're going way too big surrogate together for the weekend, something in me just... gave out.
- Judge Carolyn Walker: Arthur, pull yourself together and go home. If you don't do that, I'm gonna have to call the police.
- Judge Arthur Bryson: Oh, is he capable of throwing me out?
- A.D.A. Tommy Mullaney: Why are you challenging me, sir?
- Judge Arthur Bryson: Yes, sir! Right here and now, I'm challenging you. I - I want you to demonstrate how much you're willing to risk for this late.
- Judge Carolyn Walker: Stop it.
- A.D.A. Tommy Mullaney: Carolyn. Look, why don't we go outside and talk this...
- Judge Arthur Bryson: Take your hand off me! You have no idea how much I love you.
- A.D.A. Tommy Mullaney: I think it's time to leave, Your Honor.
- [Eli is napping. Jinx taking photographs]
- Arnie Becker: I can't imagine how terrifying he actually face the possibility of going to prison.
- Jinx Baldasseri: They're still a law that have to happen before you reach that point.
- Arnie Becker: And I never told you this. I was secretly happy to stop seeing Eli.
- Jinx Baldasseri: Yeah, why, why was that?
- Arnie Becker: I guess I felt if you're going to be seeing anybody at the firm, it should be me.
- Jinx Baldasseri: Uh-huh.
- Arnie Becker: Well, the time it was me.
- Jinx Baldasseri: Yes, it was.
- Arnie Becker: Have you everything about that happening again?
- Jinx Baldasseri: [laughter] You're unbelievable. And with all this stuff that you have in your mind, you still make the time for the little launch.
- Arnie Becker: And that isn't now, Jinx.
- [They turned that Frank]
- Jinx Baldasseri: Here he comes.
- [Checking it out]
- Arnie Becker: What's he doing? Oh, my god.
- Jinx Baldasseri: That's what he was doing.
- [Jinx taking the photograph with a camera]
- Eli Levinson: Do you have any inc lint of this?
- Arnie Becker: No.
- [Taking another picture. Arnie gets to check somebody in the car of Frank Askoff]
- Eli Levinson: Arnie, where are you going?
- Denise Iannello: [Denise heads back to the filing room, but suddenly, she dropped it] Whoops. Uh. Chet.
- [the Copier Serviceman comes out]
- Denise Iannello: Oh, ho. You're not Chet.
- Copier Serviceman #2: Nope.
- Denise Iannello: Is Chet coming back?
- Copier Serviceman #2: I have no way of knowing.
- Denise Iannello: Oh. What do you mean?
- Copier Serviceman #2: Chet himself heart attack yesterday. Last I heard, he were still in intensive care.
- Denise Iannello: Oh, my god.
- Copier Serviceman #2: How well did you know him?
- Denise Iannello: I - I - I - I hardly know at all.
- Copier Serviceman #2: He was a good egg. Whistling used to drive me crazy, but all in all, he was a good egg. So program the ready to go, he shouldn't have any problems. You want me to take you through it?
- Denise Iannello: [Declines] No. No, thank you.
- [Copier Serviceman #2 have it his way. Denise is looking]
- Eli Levinson: That was great. Thanks.
- Ann Kelsey: He's in with Arnie.
- [There's someone here to see them. They going to questioning Frank Askoff]
- Frank Askoff: So after I took off last night, I just drove just pretty much through instinct to the house that I had lived in for the past 22 years. And Vivian allowed me to come in. I proceeded to tell her the truth.
- Vivian Askoff: It was quite a night.
- Frank Askoff: I always thought that if you're smart enough, you could hide almost anything. But-- but that's proven not to be the case.
- Arnie Becker: Why did you kill her, Frank?
- Frank Askoff: Look I didn't start out intending to. I-- I went over there to try to make a deal with her.
- Arnie Becker: That's what I was going over there for.
- Frank Askoff: Yeah, I know, but your heart wasn't in it. I just thought that I could do it better.
- Ann Kelsey: Why did you kill her?
- Frank Askoff: I realize I couldn't trust her. I mean, no matter how much money I paid her, I-- it seemed that there'd always be that chance that-- that my secret would get out. And realize that, I panicked. I, um, I put my hands on the throat.
- [sighs]
- Frank Askoff: Before I knew what I was doing, I'd strangled her.
- [Ann turned to Eli]
- Eli Levinson: Now what?
- Frank Askoff: Now I turn myself in.
- Arnie Becker: You wanna have a lawyer with you when you do that.
- Vivian Askoff: Can any of you represent him?
- Ann Kelsey: No. No one here can represent him.
- Arnie Becker: We'll find your lawyer.
- Frank Askoff: Good. I think I wanna go home now and change my clothes before I get down there.
- [Frank owe Arnie an apology]
- Frank Askoff: Arnie, I'm sorry for what I put you through. I'm really sorry.
- Arnie Becker: Good luck, Frank.
- Frank Askoff: Thanks.
- [Vivian will take her forgiven husband Frank outside. They sure fool with the wrong guy. Eli comforts Arnie Becker and cleared his name. He was framed for murder]
- [the bailiff handing the verdict to Judge Arthur Bryson. A.D.A. Tommy Mullaney sits quietly. The defendant rise with Ms. Krieger. The bailiff returns the verdict back to the jury and reached it]
- Judge Arthur Bryson: Has the jury reached the verdict?
- Jury Foreman: We have, Your Honor. In the matter of the People vs. John Rosten on the charge of receiving stolen property, we the jury find the defendant guilty.
- Hortense Krieger: Your Honor, we ask that Mr. Rosten be released on bail pending sentencing.
- Judge Arthur Bryson: I don't believe that will be necessary, Counsel. I'm ready to pronounce sentence now.
- [Judge Bryson is going to address the court. How long has he been a Judge?]
- Judge Arthur Bryson: I've been a judge for 17 years now. I can honestly say that I've never love a job half so well. And all the time I have been on the bench, I judged each case based on its merits and I impose sentences after considering the severity of the crime and the character of the individual who's responsible. I considered both, and I considered them carefully. But a new law has come into being. And now I'm instructed not to consider anything. My mandate is to mete out punishment based on categories. Upon conviction of a third felony, the defendant is sentenced to life imprisonment, no ifs, ands, or buts, no consideration. Well, folks, I'm not gonna to do that. I realize that as a result, in all probability, sanctions will be imposed on me. I suspect that come next election, I'll be off the ballot and off the bench. But as much as I love being here, I could honestly say none of that matters to me. What matters to me is that as a sitting justice, I do that which I think is just. It's not a matter of being heroic. It's not a matter of being noble. Mostly, it just lets me sleep better at night.
- [Judge Bryson addressing to Mr. Rosten]
- Judge Arthur Bryson: Mr. Rosten, despite the fact that the crime for which you have been found guilty as your third felony, you are sentenced to one-year probation.
- [John Rosten gives thanks and hugged his lawyer Hortense Krieger]
- Judge Arthur Bryson: The jury is dismissed with the thanks of the Court. We are adjourned.
- [Judge Arthur Bryson bids farewell as an outgoing judge. A.D.A. Tommy Mullaney hears a goodbye from Judge Arthur Bryson]
- [Back at the District Attorney's Office, Belinda grabs a cup of coffee break, but Arnie open the door, come in, talk to DDA Belinda Fox ready to end and say good-bye]
- DDA Belinda Fox: Arnie.
- Arnie Becker: Hello, Belinda.
- DDA Belinda Fox: Normally, I'd say it's great to see you. But if you'll forgive me, right now is not a good time.
- Arnie Becker: Hmm. We have something to talk about, you and I.
- DDA Belinda Fox: I can't imagine what. Askoff confessed to Camilla Greer's murder. You're no longer a suspect.
- Arnie Becker: The only reason I was a suspect was because of you.
- DDA Belinda Fox: The reason you were a suspect was because you left the scene of a crime without reporting it.
- Arnie Becker: Look, let's cut to the crap, Belinda. It's only you and me here. You had me followed that a personal malice. You were looking for anything you could find, and this just happened to fall in your lap. You misused the power of your office it's a way exacting some sort of seek revenge.
- DDA Belinda Fox: You have a pretty high opinion of yourself, don't you, Arnie? You think every ex-girlfriend you couldn't make a commitment to stays up nights plotting your downfall?
- Arnie Becker: I could bring you up on charges to the Attorney General's office. I could personally sue you for libel.
- DDA Belinda Fox: Then why don't you?
- Arnie Becker: Because I don't want to involve myself in your life one minute longer than I have to. And should you decide to involve yourself any further in mind, I won't hesitate. I will take you on, and I will bring you down! You want a commitment? That's a commitment.
- [Arnie bids good-bye to Belinda. Arnie leaves and closed the door]
- Judge Carolyn Walker: You pack?
- A.D.A. Tommy Mullaney: Yeah.
- Judge Carolyn Walker: Are you miserable?
- A.D.A. Tommy Mullaney: Your friend the judge came over here last night. I thought he was kind of a sad guy. You didn't look sad today.
- Judge Carolyn Walker: You admire him for what he did?
- A.D.A. Tommy Mullaney: Yeah.
- [Tommy stop smoking]
- Judge Carolyn Walker: Place his own gratification over the doing of his job, I find that contemptible.
- A.D.A. Tommy Mullaney: His job is to administer justice.
- Judge Carolyn Walker: His job was to administer the law. "Three strikes, You're out" is the law.
- A.D.A. Tommy Mullaney: It just stinking law.
- Judge Carolyn Walker: I happened to disagree with you, but even if I didn't. He did today what he did last night, he took over, he anointed himself King.
- A.D.A. Tommy Mullaney: All I can say is that I wish I had had the courage act on my convictions to the extend he did. I wish I had had courage to anoint myself King.
- Judge Carolyn Walker: Well, I'll tell you what, more away this weekend? I'll let you protect.
- [Tommy would like that]
- [Here at the office, Leland is taking his medicine pills and drink water. Opening the door is Douglas]
- Douglas Brackman, Jr.: You wanted to see me?
- Leland McKenzie: Uh, yeah. Rosenstile is set for the 17th?
- Douglas Brackman, Jr.: Uh, I believe so.
- Leland McKenzie: I don't want any more continuances in that case. Whoever's going to handle it, I want it to go forward.
- Douglas Brackman, Jr.: Will do.
- Leland McKenzie: Also, I have to go into the hospital in a week or so. I'm not sure the exact date.
- Douglas Brackman, Jr.: What's it for?
- Leland McKenzie: I was in getting my prostate examined. My internist found something.
- Benny Stulwicz: Your secretary in there, and she said you had to sign this before I give to the messenger.
- Douglas Brackman, Jr.: Could you wait outside, Benny, please?
- Benny Stulwicz: He said he's parked downstairs in the circle.
- Douglas Brackman, Jr.: It doesn't matter, Benny. Wait outside.
- Leland McKenzie: I will just be a minute, Benny.
- Benny Stulwicz: OK.
- Douglas Brackman, Jr.: [Benny will wait. And closed the door] Oh, my God, Leland.
- Leland McKenzie: I don't want any visitors when I'm in that hospital.
- Douglas Brackman, Jr.: OK.
- Leland McKenzie: The Bradshaw arbitration is scheduled for that week. I'll need for you to take over.
- Douglas Brackman, Jr.: Fine.
- Leland McKenzie: Well, that's about it. I'll keep you posted.
- Douglas Brackman, Jr.: How does it look, Leland?
- Leland McKenzie: Oh, we won't know until after the surgery.
- Douglas Brackman, Jr.: Is there anything I can do?
- Leland McKenzie: No. Try not to lose the Bradshaw. Would you ask Benny to come in?
- Douglas Brackman, Jr.: OK.
- [Douglas opens the door and bring Benny to come into the office]
- Douglas Brackman, Jr.: Benny.
- Benny Stulwicz: Can I come in now?
- Leland McKenzie: Yes, you may.
- [Benny gives the paper file and handover to Leland at his desk and signed it]
- Leland McKenzie: Yeah.
- [Benny whistling. And Leland handed the paper file back to Benny]
- Leland McKenzie: Thank you.
- Benny Stulwicz: Is everything OK?
- Leland McKenzie: [Leland takes off his eyeglasses] Everything's fine.
- Benny Stulwicz: Yeah, you-- you want me to close the door?
- Leland McKenzie: If you would.
- [Benny leaves and closed the door. Leland is silent for the moment. He's holding his eyeglasses and looking up the window and it's raining outside. And it's almost next week the final cases at law]
- [Arnie heading to see Frank in the car]
- Eli Levinson: Arnie!
- Arnie Becker: [Knocking on the window] Wanna roll down your window, Frank?
- Frank Askoff: What do you want?
- Arnie Becker: You and I need to have a little chat.
- Young Man: Who's that?
- Frank Askoff: [Stammering] Just someone I know.
- Arnie Becker: Yes, someone who doesn't want to go to prison for committing a murder you and I both know that I didn't commit.
- Frank Askoff: Look...
- Young Man: Bye.
- [the Young Man gets out of the car and leaves]
- Frank Askoff: What do you want, Arnie?
- Arnie Becker: Look, would you two go back to the car for a minute?
- Eli Levinson: This is not the way to go about...
- Arnie Becker: Just give me a minute!
- [They'll be back in a minute]
- Frank Askoff: What do you want?
- Arnie Becker: I want you to take a good look at yourself, Frank. It's 3:00 in the morning. You're in the middle of a murder investigation. And you're picking up hustlers in West Hollywood? What does that tell you?
- Frank Askoff: [sighs] It's nothing I haven't known for a very long time.
- Arnie Becker: Camilla Greer was providing you with male prostitutes?
- Frank Askoff: Look, I don't wanna get into this with you, Arnie. Now, excuse me, huh?
- Arnie Becker: You listen to me, Frank. Whether you come forward of your own free will or whether you're dragged forward, kicking and screaming, you and all your secrets are coming out!
- [Frank Askoff takes off while driving his car and then leaves. Arnie sees Frank Askoff driving]