Law & Order (1990) s04e14 Episode Script
Censure
In the criminal justice system the people are represented by two separate yet equally important groups: the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
Definitely the Dior.
Show some flesh, break some hearts.
My ex is invited.
Good.
Punish him.
Your delivery man's a trusting soul.
Dan's ordering from Cabela's again.
All those hunting outfits.
Is he actually ever going to step foot in the woods? Laura, Mommy's home.
Auntie Sarrie's got something for you.
She's probably in the back with Olivia.
This is Miss Pinky, her favorite doll.
Neighbor must have found it on the walk.
Laura.
She's probably still at the zoo with her class.
Yeah.
Olivia? I remember trying to drag Susie away from the elephant ride.
I remember that day.
Hmm.
Looks like you're out of vodka.
Gin okay? Yeah, sure.
Hi, honey, it's me.
I'm at the office.
Call me.
How much the child resembles the pretty doll.
So loving and trusting.
Did she enjoy the animals at the zoo? Does she miss her doll, do you think? Does she want her mother now, do you think? Call the school.
Come on.
Hi, this is Janet Rudman.
Has Olivia picked up Laura yet today? Well, about when was that? Thanks.
She picked her up over two hours ago.
Dial 911.
We're checking every route between here and the school.
How long has Olivia worked for you? She's been with us for four years.
She's absolutely reliable.
Wasn't that fun? Laura.
Yeah, I can't wait to tell Mommy and Daddy.
Oh, my God.
Honey, where have you been? She saw Barney in the FAO Schwartz window and she wouldn't leave until she said hello to Barney.
Is something wrong? No.
Everything's all right.
It's over.
My guess, it's not over for the guy that made that call.
They're taught to hold hands, to keep in sight of a teacher at all times.
Fine, did you see her talking to anybody? Twenty-two kids and I have to explain why a leopard has spots.
I liked the polar bears the best.
They have their own pool.
I didn't know bears could swim, did you? No, I didn't, honey.
Did Miss Pinky like the zoo? She said she liked the penguins the best.
But Miss Pinky was bad.
She got lost.
How'd she get lost? I don't know.
Maybe she went with the man in the spaceman hat.
The spaceman hat? It was shiny and silver.
Like his glasses.
I could see myself in them.
Did you talk to this man? He said he liked the monkeys the best.
He was a nice man.
After he finished talking to you, what did he do? He got on a silver bicycle.
Maybe I let him hold Miss Pinky.
I can't remember.
The kid wasn't scared.
Yeah, well, pedophiles relate real well to kids.
Why did Laura talk to this guy in the first place? I mean, kids are supposed to know better than to talk to absolute strangers.
You think she knew him? Or he just seemed familiar, maybe.
Like if he knew Miss Pinky's name.
Pedophiles don't advertise on answering machines.
He would have hit on her long before he called mom.
This guy knew Rudman's private number.
Knew their routine.
Maybe he knows mom.
Bicycle, mirrored glasses? No.
With most of our friends, it's tennis or squash.
Well, besides them, who would have access to your private number? My husband has over 300 employees.
Every one of them could get that number.
All right, what about this place? We have 40 on staff.
Anybody been fired recently? We had cutbacks earlier this year.
Well, did any of them take it particularly hard? Everybody.
But I don't think anyone blamed me.
You know, I did get a nasty note.
Ron Blocker in Acquisitions.
I don't know about glasses, but he was into fitness.
Rode a bike to work every day.
Janet Rudman kept her no-talent sycophants.
I got the axe.
Certainly I was miffed.
Just how miffed were you, Ronny? I thought of suing.
I had a case.
It was clear discrimination.
So instead of getting a lawyer, you sent a nasty note? She told you about that? So, Ronny, do you own a bicycle? Owned a Mongoose.
Hey, those are silver, aren't they? Polished aluminum with full suspension.
Somebody stole it.
Let's talk a little bit about your schedule last week.
Yeah, like Tuesday.
Were you out and about or did things around here keep you busy all day by yourself? Busy, yes.
Here, no.
Familiar with the Kalmus Gallery? Very successful exhibition of my own works.
Black tie, very chic, very intime.
Pity you couldn't have been there.
But it was by invitation only.
Well, if this doesn't check out we'll be sending you an invitation, too.
Not very chic, but very intime.
Blocker's got a perfect alibi.
Fifty guests put him at his gallery from dawn to dusk on the day of the zoo trip.
What about Mr.
Rudman's employees? Any of them victims of the recession? They're all present and accounted for.
We checked his clients.
There's nothing there.
Mike, line two.
Thanks.
Logan.
Yeah.
When did it arrive? Okay.
Yeah.
No.
Don't touch it.
Thanks.
Janet Rudman just received a package with a demand.
$20,000 or he takes the kid.
"11:00, tomorrow.
Bethesda Fountain, near the underpass.
"Bring $20,000.
No cops.
No tricks.
" It came through the mail slot while we were out.
Olivia was upstairs.
She didn't hear anything.
It was wrapped around this.
It could have been then.
A turned head, a moment's distraction.
She could be taken so easily.
She could be taken so easily.
Black sedan.
Did you make out the model? She cannot go to Central Park.
Anything could happen.
What else can we do? I cannot live with this.
Bethesda Fountain.
Good visibility, controlled access.
It'll be okay.
We can make it work.
If you read me, give me a sign, Lennie.
Yes.
Please, yes.
Yes, I see it.
Trash basket, northwest corner.
Wait for it.
False alarm.
Follow him, Walsh.
On my command.
Go.
You have the right to remain silent.
Anything you do say can and will be used against you in a court of law.
Detective? Thanks.
Blanchard, John, 47.
No known address.
He pulled off a scam like this? Dis con, fraudulent accosting, jostling misdemeanor assault.
Mr.
Blanchard seems to be expanding his horizons.
Was it drugs? Don't tell me.
I don't want to know.
It's not about drugs, Mr.
Blanchard.
Hey, I was running an errand anyway.
Yeah, so, now you're a bonded messenger? Look, a guy in Central Park West, he's in a car.
He gives me $20 to pick up an envelope.
Says he can't do it.
He's at a hydrant.
So, what did he look like, this guy? Andrew Jackson.
I looked at the $20, not him.
He was wearing wraparounds.
What were you supposed to do with the envelope? Take it back to the guy in the car.
What did the car look like? Big, four doors.
I don't know from models.
You know from color? Black, big American car.
New, you know? This guy was no bum.
Am I in trouble here? You're starting to dig your way out of it.
Give us some more about the car.
I don't know nothing else.
Don't screw up now, Blanchard.
I'm so close to believing you.
Wait, on the window was a sticker.
What did it say? It was a face turned sideways.
A profile? Like on a coin? Yeah.
A sideways face, like on a nickel.
It could've been an Indian or one of those Roman soldiers.
That ought to narrow it down.
A parking sticker for a club? When I parked cars at the Atwater, they had a pilgrim.
Hey, Lennie, here's one for you.
The Century Club.
"Serving the social needs of those who have achieved their second century.
" The emblem is a Roman centurion.
Over a hundred and they're still mixing it up? Forget that one.
Look at that.
The Pequot Club.
The symbol is the profile of an Indian chief.
Let's try it.
This is good but I prefer the thick crust.
We'll pass it on to the chef.
Hey, Blanchard, you ever see this before? Yeah.
I think you got it.
Yes, we are members of the Pequot Club.
I find it hard to believe that we've been having dinner next to that creature on the phone.
Life can be full of surprises.
Now the DMV computers spit out to members of that club.
We've circled their names.
What reason would those people possibly have for hurting us? Now, here's the Commissioner of Police.
Detectives, I think you're clutching at straws.
Look, if you could think of anybody and I mean anybody that might have a grudge against you.
I don't care if it was a poker debt.
Jeffrey Starke.
I put him into bonds.
He was mad.
He felt he should have gone with T-bills.
He canceled his account, but that was months ago.
The Starkes have been in Tuscany since September.
Look, this is absurd.
These people are our friends.
All but one of them.
You get the feeling they don't like us the closer we get to home? Yeah, it was okay when it was some skell.
But they don't like it when it's one of their own circle.
Yo, yeah.
Okay.
Tell them we're gonna be right there.
Forensics got something off the video.
Listen.
Hansom cab, Columbus Circle.
What do I win? Could have been then.
The ambient noise is gone.
This part of the tape has been degaussed by direct overdubbing.
Could we have that again in English? I cut my teeth on forty-fives and Fats Domino.
He laid the audio track in after he shot the footage.
Today's home equipment's very sophisticated.
Can you lift it off? It could have been then.
A turned head, a moment's distraction.
She could be taken so easily.
Almost human.
A moment's distraction.
She could be taken so easily.
That's as good as it's going to get on the voice, gentlemen.
Can you play just the background again, without the voice? Mmm-hmm.
Some kind of a bell? Six bells.
He's got a naval clock.
Play it one more time.
And water lapping.
A boat? Fiberglass, you can tell by the sound of the water on the hull.
A search warrant? With this? You can't be serious.
Hey, all three are members of the Pequot Club and this was recorded on a boat.
A fiberglass boat of which each of these guys is a proud owner.
And the black sedan? Two of them own little sports jobs, one's got a Range Rover but the sedan could be rented.
We're checking on that now.
The first guy is a big-time proctologist.
$6,000 a peek.
Second's a client of Dan Rudman's.
Owns an investment bank.
Number three is one of our leading jurists.
Yeah, Judge Thayer.
He's also a close friend of the Rudman family.
Yeah, Van Buren says he's pushing the investigation.
I have to go.
I have an appointment.
Excuse me.
Something I said? I was a clerk in his court, Ben, for two years.
So were half a dozen others in this office.
What about it? I just feel before it goes any further, I should be taken off the case.
Why? I don't think we even have a case.
All right, so Thayer, he's a friend of the Rudmans.
He owns a boat and he's a member of the Pequot Club.
What about it? He's also a respected member of the appellate court.
I know he wrote you a glowing recommendation to this office.
I read it and I respect your loyalty.
I just don't want any suggestion of impropriety.
Why? Because you worked with him? I've had dinner with he and his wife, so what? The best thing we can do for this office and for Judge Thayer is to decide whether we're going to proceed with this case or not.
So, we try our eyewitness? No, I am not keen about the testimony of a 5-year-old.
Put Blanchard through a photo ID and if he can't pick out Thayer's face then this entire conversation is moot.
Yeah.
Until we have a deal in place, my client doesn't recognize his own mother.
Then let's just send him back to the bed-and-breakfast to serve out his open cases.
Wait a minute.
I'm here to cooperate.
If I can ID this guy, I will.
Shut up.
What's in it for Mr.
Blanchard? A walk when he picks the right face out of the array.
What if I don't? It's worth your while to try.
That's him, I think.
No deals for maybes.
It's him.
That's the guy.
You guys did real good.
That's him.
This is a joke, right? What's Thayer's picture even doing here? Just be absolutely certain, Mr.
Blanchard.
It's him.
I don't care who picked his face out of a precinct family album.
I had lunch with Thayer the day after he came in with Rudman.
Makes absolutely no sense at all.
I've seen cases made without motive.
It's an element in this one and I'm not going to move without it.
It better be a damned good one.
A friend at the station just called to warn me.
It's out.
Brother.
Who do we pay around here to keep things private? I can't comment on the extent of Judge Thayer's involvement- Who the hell is that? Art Diamond, Blanchard's attorney.
The allegations, if true, make this reporter wonder why no arrest has been made.
Do the close ties between Judge Thayer and Adam Schiff prevent- Twenty-five years on the bench.
Cheap shots from a pip-squeak.
Olivet gave some pretty convincing reasons for Thayer's behavior.
Yeah.
Psycho gibberish.
Always the best refuge for a weak prosecution.
The longer we do nothing, the more it looks like we have something to hide.
I know, Ben.
I know.
Call him in chambers.
So he can surrender himself.
I did nothing wrong, as the evidence will show.
Judge Thayer, will you resign? Absolutely not.
The person described in these charges is a madman.
They hardly fit a respected member of the appellate court.
Then why would the DA bring these charges? No comment.
You'll have your answer soon enough.
The first order of business is to have these charges dismissed.
Judge Thayer, one more question - No more.
That's Arthur Gold's entire modus operandi.
He plants the idea that what we're doing is persecution, not prosecution.
Right.
Next, he'll cite the number of times that Thayer has reversed you.
I don't think this has to do with Ben.
It has to do with me.
I had a prior working relationship with Thayer.
Really? Doing what? I was his clerk.
And? Then what's the problem, Ms.
Kincaid? I had an affair with him.
Well, that's just dandy.
You had an affair? Why the hell didn't you tell me this? I told you to take me off the case.
I would have if I'd known this.
I hoped there was some part of my personal life I could keep personal.
Great.
The media gets a hold of this.
This is beautiful.
Absolutely exquisite.
Obviously, this is partly my fault.
If I'd known the reason How the hell do we keep a lid on this? Maybe this will help.
It's my letter of resignation.
Effective immediately.
Now, just a minute I'll type out a formal version in the morning.
Quick disposition, Ben.
Every minute these charges linger is a cloud over my client's good name.
I'll consider a reduced sentence.
That's it.
Ben, go to bed and get up again.
Are you suggesting that your client did not make Mrs.
Rudman's life hell? Tough to sell extortion to a jury when the complainant appears as a character witness for the defense.
Yeah, Mrs.
Rudman has expressed absolute willingness to testify on behalf of her dear friend.
Mr.
Thayer, there's the little matter of an eyewitness.
Mr.
Blanchard picked your photo out on the first pass.
Maybe you should speak to Ms.
Kincaid.
About what? Motion to suppress the photo ID.
Unless I missed a ruling from the nine wise souls in D.
C Simmons v.
US still controls.
"The photographic array was so impermissibly suggestive "as to give rise to a substantial likelihood "of misidentification.
" You're suggesting that we rigged the ID? Not you, Ben.
Claire Kincaid.
See you in chambers.
What she said was that one of the men in the photos was, in fact, the suspect.
I see in Mr.
Blanchard's affidavit that Ms.
Kincaid promised him consideration "when he picks the right face out of the book.
" Ms.
Kincaid's statement is open to wide interpretation, Your Honor.
But what Mr.
Blanchard read into it was neither stated nor even implied.
How do we know what was stated? There was no recorder present.
She implied that an identification was inevitable.
According to Blanchard.
Well, Blanchard doesn't count? Her statements were directed at him.
I think it crosses the line, Ben.
I think it merits a suppression.
The ID's out.
Your Honor, you do know- Exception noted.
You fumbled the ball, and Arthur Gold takes it for a touchdown.
I don't agree.
I think we have enough left for a strong circumstantial case.
You go after big game, you bring it down with your first shot.
Every jurist in the state can't wait for this thing to go away.
Yeah, and Thayer's ruled on over 2,000 appeals.
And the minute we take him down every one of those appeals is called into question.
But if we back down now, it looks like we're bowing to pressure.
Yeah.
It's a service for Ms.
Kincaid.
I'll take it.
She's being brought before the disciplinary committee on charges of misconduct.
Now, why would Arthur Gold want to waste his time getting her disbarred? It's not Gold.
It's Thayer.
He says that she concocted the whole thing because he had spurned her sexual advances.
There's actually something to this? Clerking for him was my first job out of law school.
Everyone wanted it, and suddenly I was there.
And he reminded you how lucky you were.
How you owed him.
No, he was much subtler than that.
From the beginning, he treated me like his peer.
He listened to my opinions.
He acted on my suggestions.
Smart.
He knew you had an "A" student's ego.
He was smart.
He was also powerful and seductive.
Small intimate dinners, but always related to work.
I was fool enough to believe he really cared about me.
Finally, he invited me to his boat where he stays when it's too late to commute to his home.
That's how it began.
How long did it last? Three months.
You'll have to admit all of this publicly, Claire.
I don't think I can.
If you don't, you'll never get past it even if you can practice law again.
Like any rookie prosecutor, she paid her dues.
ECAB during holidays, and night arraignment.
Were you satisfied with her performance? Absolutely.
She made Felony Assistant in well under the usual time.
Are you aware that the two investigating detectives gave Ms.
Kincaid three possible suspects? Yes, sir.
Excluding Mr.
Thayer, were the remaining two suspects ever questioned? No, sir.
Were photos of these two men included in any photo array that was shown to Mr.
Blanchard? No, sir.
Nothing further.
For many years, I declined to hire female law clerks.
I was concerned with the appearance of propriety.
What changed your mind, sir? Colleagues pointed out that qualified women candidates were being denied opportunities.
Did there come a time when you lifted your ban on women as clerks? On general assignment clerks of the court, yes.
Ms.
Kincaid proved an able attorney.
She was bright, aggressive.
In fact, she sought a heavier caseload.
Did you have occasion to assign Ms.
Kincaid to any of your own matters? I did, and I was pleased with her performance, at first.
But then, a situation developed.
How so? Ms.
Kincaid was constantly asking about my marriage whether my wife and I were happy.
It became obvious that she was attracted to me.
How did she make it obvious? One evening, we were working late and she was standing next to me.
She began to kiss my neck.
I asked her to stop.
How did Ms.
Kincaid react? She stopped but her advances continued.
The more I refused, the more threatening she became.
Threatening? How? She threatened to tell my wife that we were having an affair.
How long did this behavior continue? I suggested that she join the District Attorney's office before the completion of her full term.
I wanted to get rid of her.
I was very relieved when she made her move.
Ms.
Kincaid made sexual overtures threatened your reputation, yet you didn't fire her? My attorney was concerned that this would result in a gender discrimination suit.
Well, did you discuss the matter with anyone else? My attorney and my own clerk.
But I never referred to Ms.
Kincaid by name.
How convenient.
Objection.
Withdrawn.
He taught me to think like a lawyer.
Simply, concisely so that logic isn't lost in the noise.
Anything else? Never to avoid a tough call.
And the decision to indict Mr.
Thayer, whose was that? It was Ben Stone's.
I believed the evidence supported the charges.
I still do.
Have you been on board the Barbara Allen, Ms.
Kincaid? Yes.
He invited me several times for dinner.
Working dinners? No, romantic dinners.
Did you sleep with Judge Thayer? Objection.
Overruled.
Yes, I did.
Who initiated the affair, Ms.
Kincaid? Thayer did, but in all fairness, I permitted it to continue.
Over what period of time? It lasted for three months.
Who ended it? I did.
I saw the effect it was having on Joel and myself.
Please explain.
He became very possessive, unreasonable and when I wanted to break it off, he became threatening.
And the fact that you considered Judge Thayer unreasonable and threatening is that what lead you to taint evidence and pursue a malicious prosecution? No, my feelings had no bearing on my conduct as a prosecutor.
Then you're a better person than I am, Ms.
Kincaid.
Well, frankly, I'm glad they only censured you.
I thought you'd be disbarred.
Ben, not only did that man lie about me on the stand but censure still prevents me from practicing law unless the committee decides to lift it.
So you file an immediate appeal.
You think it's worth the paper? It'll be reviewed by Thayer's court.
You got to do something.
Well, what brings you? The chance to gloat? I noticed the "for sale" sign when I came aboard.
She'll bring half of what I need for my divorce attorney.
You weren't the best I've ever had but you're proving to be the most expensive.
So how will you make it up? Janet Rudman? Don't try some little game.
You still want her, don't you? Hey, you want real trouble? What are you going to threaten me with, Joel? I'm a censured lawyer and you're barely a judge.
You little bitch.
No husband you could threaten to tell.
No child you could threaten with harm.
That's right.
But I learned my lesson.
Now get the hell off my boat and stay out of my life! There are some things I won't allow.
No, Joel.
There's just certain things you can't control.
I understand you've been censured.
Doesn't that mean you have no right to question me? Yes.
Then I don't see why we have any reason to talk.
We've shared a common problem.
Sleeping with Joel Thayer.
Joel warned me about you.
Yeah.
He probably said that I was out of control, as opposed to you.
What the hell do you mean saying these things? I know you were having an affair with him and I know you wanted out.
That's when the things started happening with Laura, didn't they? That is all past.
Just leave me alone.
It's all past because, apparently, you went back with him.
Now, did you want to? Listen, you've been stupid, I've been stupid.
I don't want to ruin my marriage.
Please, don't do this to me.
Yeah, I was stupid, but this isn't going to end until you tell the truth.
You're desperate.
You just want to put him in jail so you can restore your reputation.
Yes, I want to restore my reputation.
But what about yours? What about your marriage? What is this, ambush law? Joel, keep your coat on.
I have nothing to hide.
What's she doing here? Ms.
Kincaid is a witness, sir.
We are re-presenting our charges to the grand jury.
Janet, you can't possibly be a part of this.
Joel, let's just get out of here.
Mr.
Thayer, I'm giving you an opportunity not to go to trial.
Let's go, Arthur.
Ben, I don't know what you think you're up to, but neither this one nor Ms.
Kincaid ever takes the stand.
Arthur, you're swimming in quicksand here.
Your client as much as admitted his guilt to Claire Kincaid.
Well, you can bet no jury is ever going to hear that testimony.
You want to lay odds? I heard that, Arthur.
How much of this argument took place in the hallway? Your Honor, when Ms.
Kincaid interrogated my client he was still protected by Miranda.
He'd never waived those rights.
Ergo, any statements he made to Ms.
Kincaid are inadmissible.
And since Janet Rudman came forward as a result of those statements her testimony is inadmissible, too.
At the very least, Ben, I think you'd instruct your assistants about questioning defendants outside the presence of their attorneys.
Your Honor, Claire, she did this on her own accord.
Our office never asked her to talk to Thayer or Ms.
Rudman.
That doesn't even pass the laugh test, Ben.
Claire Kincaid's a member of your office.
She was.
Prior to the committee's censure, she offered her resignation.
This is bootstrapping, Your Honor.
Arthur, you're not playing to a jury.
I assume you have proof of Ms.
Kincaid's resignation? Yes, sir.
A letter dated four weeks ago.
Ms.
Kincaid acted as a private person and as such is unfettered by the restraints of the Miranda decision.
We met Joel Thayer and his wife six years ago on vacation in Barbados.
Did you become friends with the Thayers? We shared a social life, we traveled together.
I always assumed that we were very close friends.
At one point, didn't you learn that Joel Thayer had intimate relations with your wife? Yes.
When Janet told me.
Objection.
Hearsay.
No.
I'll allow it.
Mr.
Rudman, how did you react to this news? I was furious with my wife and devastated at being deceived by a supposed friend.
Did you ever come to terms with this affair that your wife was having? I told my wife that I could forgive her adultery but that I could not tolerate her continuing to protect Joel Thayer after he had subjected us to a campaign of terror.
Thank you.
Your witness.
This alleged campaign of terror you witnessed it yourself, Mr.
Rudman? No- So you simply accepted your wife's version of events? I believe my wife is telling the truth.
Uh-huh.
How long was it that your wife deceived you with Joel Thayer? She said that they had been involved for a little over a year.
Thirteen, fourteen months during which time she never told you anything about the affair or the attacks? No.
Isn't it true, sir, that she confessed this infidelity just as it was about to become public knowledge? Objection, Your Honor.
He is asking for the declarant's state of mind.
Overruled.
I suppose so, yes.
In fact, you know so, sir.
Come in.
How's it going? A circumstantial case against Arthur Gold.
I've spoken to someone who wants to be a witness.
Well, an addition to the witness list at this late date it means a head-to-head with Gold.
Is this person worth it? She's potentially devastating.
Your Honor, we've received word that Mrs.
Thayer is willing to testify.
That's outrageous.
Her name was never on the People's witness list.
We all know that your client is protected by spousal privilege.
You better have something new, Counselor.
We've learned that Mrs.
Thayer was aware of her husband's attempts to terrorize Janet Rudman.
I hold marital confidence near and dear.
Nothing Mrs.
Thayer says can issue from communication between husband and wife.
I understand, Your Honor.
Mrs.
Thayer, without betraying any confidences did you know that your husband was having an affair? I had suspicions.
What prompted these suspicions? Joel became erratic started missing appointments, misplacing papers.
That sort of thing.
Anything else? In a strange way, he became more affectionate, open.
He told me I was the most important thing in his life.
My husband usually had a difficult time articulating his emotions.
How did you respond to these new displays of affection? I loved it.
I tried to help him.
Keep things organized, the way he liked them.
Did you organize things on his boat? I thought he'd begun keeping a scrapbook.
There were clippings from various magazines.
You could see where the words had been cut out.
I put them away for him.
Are these the clippings, marked People's Exhibit One for identification that you found on the boat? Yes.
Your Honor, request that People's One be moved into evidence.
Voir dire, I expect, Counselor? Yes, Your Honor.
Mrs.
Thayer, are you saying that only now do you realize the significance of these clippings? I was a good wife to him.
As far as I'm concerned he deserves whatever he gets.
No objections, Your Honor.
Arthur, your client has 30 years of IOU's to pick up on.
We go in that courtroom, the gloves are off.
Five years, suspended, he resigns from the bench.
He gives up his license to practice law, three-to-nine.
Not a chance, Ben.
He has to have something to come back to.
Except as a criminal defendant he never sets foot in a courtroom again.
No room in that cold, prosecutor's heart for a little compassion? Yes, sir.
I have compassion for the criminal justice system.
It deserves better than Joel Thayer.
One-to-three on attempt grand larceny two.
He maxes out in 18 months.
He allocutes to all the facts.
Full record.
You understand that your plea has the same effect as a jury's verdict of guilty? Yes, Your Honor.
Do the People wish to enquire? Yes, Your Honor.
Mr.
Thayer, for the record, please describe what happened.
I pursued Janet Rudman.
I wanted to see her.
In what manner did you pursue her, sir? I phoned her at her house.
I followed her on the street.
What did you do next, sir? You have to understand that I was under a lot of stress.
I wasn't myself.
Mr.
Thayer, did you threaten Mrs.
Rudman's child? Janet knows I never meant any harm.
Your Honor, this is insufficient.
Either the defendant allocutes to all the elements of each offense or the People withdraw their plea offer.
I regret any distress my actions may have caused.
Approach.
You, too, Mr.
Thayer.
Your Honor, the defendant is behaving as if someone else performed these acts.
You want him on his knees, Ben? Walter- Judge Schreiber to you.
Now, I've heard all the dodging and weaving I can take on this one.
You wore the same robe I do.
You know the drill.
Now, if you want to dance you can come back and dance at a trial.
So, let's hear it.
All of it.
In an effort to convince Janet Rudman of my love of the sincerity of that love - Your Honor.
Describe your actions, Mr.
Thayer.
I just wanted to scare her.
If I scared her, then she couldn't leave me.
She would always come to me, always need me.
I never I never meant to hurt anyone.
Mr.
Thayer, sir for the last time for the very last time did you threaten to harm Mrs.
Rudman's child? I require an answer.
Yes.
These are their stories.
Definitely the Dior.
Show some flesh, break some hearts.
My ex is invited.
Good.
Punish him.
Your delivery man's a trusting soul.
Dan's ordering from Cabela's again.
All those hunting outfits.
Is he actually ever going to step foot in the woods? Laura, Mommy's home.
Auntie Sarrie's got something for you.
She's probably in the back with Olivia.
This is Miss Pinky, her favorite doll.
Neighbor must have found it on the walk.
Laura.
She's probably still at the zoo with her class.
Yeah.
Olivia? I remember trying to drag Susie away from the elephant ride.
I remember that day.
Hmm.
Looks like you're out of vodka.
Gin okay? Yeah, sure.
Hi, honey, it's me.
I'm at the office.
Call me.
How much the child resembles the pretty doll.
So loving and trusting.
Did she enjoy the animals at the zoo? Does she miss her doll, do you think? Does she want her mother now, do you think? Call the school.
Come on.
Hi, this is Janet Rudman.
Has Olivia picked up Laura yet today? Well, about when was that? Thanks.
She picked her up over two hours ago.
Dial 911.
We're checking every route between here and the school.
How long has Olivia worked for you? She's been with us for four years.
She's absolutely reliable.
Wasn't that fun? Laura.
Yeah, I can't wait to tell Mommy and Daddy.
Oh, my God.
Honey, where have you been? She saw Barney in the FAO Schwartz window and she wouldn't leave until she said hello to Barney.
Is something wrong? No.
Everything's all right.
It's over.
My guess, it's not over for the guy that made that call.
They're taught to hold hands, to keep in sight of a teacher at all times.
Fine, did you see her talking to anybody? Twenty-two kids and I have to explain why a leopard has spots.
I liked the polar bears the best.
They have their own pool.
I didn't know bears could swim, did you? No, I didn't, honey.
Did Miss Pinky like the zoo? She said she liked the penguins the best.
But Miss Pinky was bad.
She got lost.
How'd she get lost? I don't know.
Maybe she went with the man in the spaceman hat.
The spaceman hat? It was shiny and silver.
Like his glasses.
I could see myself in them.
Did you talk to this man? He said he liked the monkeys the best.
He was a nice man.
After he finished talking to you, what did he do? He got on a silver bicycle.
Maybe I let him hold Miss Pinky.
I can't remember.
The kid wasn't scared.
Yeah, well, pedophiles relate real well to kids.
Why did Laura talk to this guy in the first place? I mean, kids are supposed to know better than to talk to absolute strangers.
You think she knew him? Or he just seemed familiar, maybe.
Like if he knew Miss Pinky's name.
Pedophiles don't advertise on answering machines.
He would have hit on her long before he called mom.
This guy knew Rudman's private number.
Knew their routine.
Maybe he knows mom.
Bicycle, mirrored glasses? No.
With most of our friends, it's tennis or squash.
Well, besides them, who would have access to your private number? My husband has over 300 employees.
Every one of them could get that number.
All right, what about this place? We have 40 on staff.
Anybody been fired recently? We had cutbacks earlier this year.
Well, did any of them take it particularly hard? Everybody.
But I don't think anyone blamed me.
You know, I did get a nasty note.
Ron Blocker in Acquisitions.
I don't know about glasses, but he was into fitness.
Rode a bike to work every day.
Janet Rudman kept her no-talent sycophants.
I got the axe.
Certainly I was miffed.
Just how miffed were you, Ronny? I thought of suing.
I had a case.
It was clear discrimination.
So instead of getting a lawyer, you sent a nasty note? She told you about that? So, Ronny, do you own a bicycle? Owned a Mongoose.
Hey, those are silver, aren't they? Polished aluminum with full suspension.
Somebody stole it.
Let's talk a little bit about your schedule last week.
Yeah, like Tuesday.
Were you out and about or did things around here keep you busy all day by yourself? Busy, yes.
Here, no.
Familiar with the Kalmus Gallery? Very successful exhibition of my own works.
Black tie, very chic, very intime.
Pity you couldn't have been there.
But it was by invitation only.
Well, if this doesn't check out we'll be sending you an invitation, too.
Not very chic, but very intime.
Blocker's got a perfect alibi.
Fifty guests put him at his gallery from dawn to dusk on the day of the zoo trip.
What about Mr.
Rudman's employees? Any of them victims of the recession? They're all present and accounted for.
We checked his clients.
There's nothing there.
Mike, line two.
Thanks.
Logan.
Yeah.
When did it arrive? Okay.
Yeah.
No.
Don't touch it.
Thanks.
Janet Rudman just received a package with a demand.
$20,000 or he takes the kid.
"11:00, tomorrow.
Bethesda Fountain, near the underpass.
"Bring $20,000.
No cops.
No tricks.
" It came through the mail slot while we were out.
Olivia was upstairs.
She didn't hear anything.
It was wrapped around this.
It could have been then.
A turned head, a moment's distraction.
She could be taken so easily.
She could be taken so easily.
Black sedan.
Did you make out the model? She cannot go to Central Park.
Anything could happen.
What else can we do? I cannot live with this.
Bethesda Fountain.
Good visibility, controlled access.
It'll be okay.
We can make it work.
If you read me, give me a sign, Lennie.
Yes.
Please, yes.
Yes, I see it.
Trash basket, northwest corner.
Wait for it.
False alarm.
Follow him, Walsh.
On my command.
Go.
You have the right to remain silent.
Anything you do say can and will be used against you in a court of law.
Detective? Thanks.
Blanchard, John, 47.
No known address.
He pulled off a scam like this? Dis con, fraudulent accosting, jostling misdemeanor assault.
Mr.
Blanchard seems to be expanding his horizons.
Was it drugs? Don't tell me.
I don't want to know.
It's not about drugs, Mr.
Blanchard.
Hey, I was running an errand anyway.
Yeah, so, now you're a bonded messenger? Look, a guy in Central Park West, he's in a car.
He gives me $20 to pick up an envelope.
Says he can't do it.
He's at a hydrant.
So, what did he look like, this guy? Andrew Jackson.
I looked at the $20, not him.
He was wearing wraparounds.
What were you supposed to do with the envelope? Take it back to the guy in the car.
What did the car look like? Big, four doors.
I don't know from models.
You know from color? Black, big American car.
New, you know? This guy was no bum.
Am I in trouble here? You're starting to dig your way out of it.
Give us some more about the car.
I don't know nothing else.
Don't screw up now, Blanchard.
I'm so close to believing you.
Wait, on the window was a sticker.
What did it say? It was a face turned sideways.
A profile? Like on a coin? Yeah.
A sideways face, like on a nickel.
It could've been an Indian or one of those Roman soldiers.
That ought to narrow it down.
A parking sticker for a club? When I parked cars at the Atwater, they had a pilgrim.
Hey, Lennie, here's one for you.
The Century Club.
"Serving the social needs of those who have achieved their second century.
" The emblem is a Roman centurion.
Over a hundred and they're still mixing it up? Forget that one.
Look at that.
The Pequot Club.
The symbol is the profile of an Indian chief.
Let's try it.
This is good but I prefer the thick crust.
We'll pass it on to the chef.
Hey, Blanchard, you ever see this before? Yeah.
I think you got it.
Yes, we are members of the Pequot Club.
I find it hard to believe that we've been having dinner next to that creature on the phone.
Life can be full of surprises.
Now the DMV computers spit out to members of that club.
We've circled their names.
What reason would those people possibly have for hurting us? Now, here's the Commissioner of Police.
Detectives, I think you're clutching at straws.
Look, if you could think of anybody and I mean anybody that might have a grudge against you.
I don't care if it was a poker debt.
Jeffrey Starke.
I put him into bonds.
He was mad.
He felt he should have gone with T-bills.
He canceled his account, but that was months ago.
The Starkes have been in Tuscany since September.
Look, this is absurd.
These people are our friends.
All but one of them.
You get the feeling they don't like us the closer we get to home? Yeah, it was okay when it was some skell.
But they don't like it when it's one of their own circle.
Yo, yeah.
Okay.
Tell them we're gonna be right there.
Forensics got something off the video.
Listen.
Hansom cab, Columbus Circle.
What do I win? Could have been then.
The ambient noise is gone.
This part of the tape has been degaussed by direct overdubbing.
Could we have that again in English? I cut my teeth on forty-fives and Fats Domino.
He laid the audio track in after he shot the footage.
Today's home equipment's very sophisticated.
Can you lift it off? It could have been then.
A turned head, a moment's distraction.
She could be taken so easily.
Almost human.
A moment's distraction.
She could be taken so easily.
That's as good as it's going to get on the voice, gentlemen.
Can you play just the background again, without the voice? Mmm-hmm.
Some kind of a bell? Six bells.
He's got a naval clock.
Play it one more time.
And water lapping.
A boat? Fiberglass, you can tell by the sound of the water on the hull.
A search warrant? With this? You can't be serious.
Hey, all three are members of the Pequot Club and this was recorded on a boat.
A fiberglass boat of which each of these guys is a proud owner.
And the black sedan? Two of them own little sports jobs, one's got a Range Rover but the sedan could be rented.
We're checking on that now.
The first guy is a big-time proctologist.
$6,000 a peek.
Second's a client of Dan Rudman's.
Owns an investment bank.
Number three is one of our leading jurists.
Yeah, Judge Thayer.
He's also a close friend of the Rudman family.
Yeah, Van Buren says he's pushing the investigation.
I have to go.
I have an appointment.
Excuse me.
Something I said? I was a clerk in his court, Ben, for two years.
So were half a dozen others in this office.
What about it? I just feel before it goes any further, I should be taken off the case.
Why? I don't think we even have a case.
All right, so Thayer, he's a friend of the Rudmans.
He owns a boat and he's a member of the Pequot Club.
What about it? He's also a respected member of the appellate court.
I know he wrote you a glowing recommendation to this office.
I read it and I respect your loyalty.
I just don't want any suggestion of impropriety.
Why? Because you worked with him? I've had dinner with he and his wife, so what? The best thing we can do for this office and for Judge Thayer is to decide whether we're going to proceed with this case or not.
So, we try our eyewitness? No, I am not keen about the testimony of a 5-year-old.
Put Blanchard through a photo ID and if he can't pick out Thayer's face then this entire conversation is moot.
Yeah.
Until we have a deal in place, my client doesn't recognize his own mother.
Then let's just send him back to the bed-and-breakfast to serve out his open cases.
Wait a minute.
I'm here to cooperate.
If I can ID this guy, I will.
Shut up.
What's in it for Mr.
Blanchard? A walk when he picks the right face out of the array.
What if I don't? It's worth your while to try.
That's him, I think.
No deals for maybes.
It's him.
That's the guy.
You guys did real good.
That's him.
This is a joke, right? What's Thayer's picture even doing here? Just be absolutely certain, Mr.
Blanchard.
It's him.
I don't care who picked his face out of a precinct family album.
I had lunch with Thayer the day after he came in with Rudman.
Makes absolutely no sense at all.
I've seen cases made without motive.
It's an element in this one and I'm not going to move without it.
It better be a damned good one.
A friend at the station just called to warn me.
It's out.
Brother.
Who do we pay around here to keep things private? I can't comment on the extent of Judge Thayer's involvement- Who the hell is that? Art Diamond, Blanchard's attorney.
The allegations, if true, make this reporter wonder why no arrest has been made.
Do the close ties between Judge Thayer and Adam Schiff prevent- Twenty-five years on the bench.
Cheap shots from a pip-squeak.
Olivet gave some pretty convincing reasons for Thayer's behavior.
Yeah.
Psycho gibberish.
Always the best refuge for a weak prosecution.
The longer we do nothing, the more it looks like we have something to hide.
I know, Ben.
I know.
Call him in chambers.
So he can surrender himself.
I did nothing wrong, as the evidence will show.
Judge Thayer, will you resign? Absolutely not.
The person described in these charges is a madman.
They hardly fit a respected member of the appellate court.
Then why would the DA bring these charges? No comment.
You'll have your answer soon enough.
The first order of business is to have these charges dismissed.
Judge Thayer, one more question - No more.
That's Arthur Gold's entire modus operandi.
He plants the idea that what we're doing is persecution, not prosecution.
Right.
Next, he'll cite the number of times that Thayer has reversed you.
I don't think this has to do with Ben.
It has to do with me.
I had a prior working relationship with Thayer.
Really? Doing what? I was his clerk.
And? Then what's the problem, Ms.
Kincaid? I had an affair with him.
Well, that's just dandy.
You had an affair? Why the hell didn't you tell me this? I told you to take me off the case.
I would have if I'd known this.
I hoped there was some part of my personal life I could keep personal.
Great.
The media gets a hold of this.
This is beautiful.
Absolutely exquisite.
Obviously, this is partly my fault.
If I'd known the reason How the hell do we keep a lid on this? Maybe this will help.
It's my letter of resignation.
Effective immediately.
Now, just a minute I'll type out a formal version in the morning.
Quick disposition, Ben.
Every minute these charges linger is a cloud over my client's good name.
I'll consider a reduced sentence.
That's it.
Ben, go to bed and get up again.
Are you suggesting that your client did not make Mrs.
Rudman's life hell? Tough to sell extortion to a jury when the complainant appears as a character witness for the defense.
Yeah, Mrs.
Rudman has expressed absolute willingness to testify on behalf of her dear friend.
Mr.
Thayer, there's the little matter of an eyewitness.
Mr.
Blanchard picked your photo out on the first pass.
Maybe you should speak to Ms.
Kincaid.
About what? Motion to suppress the photo ID.
Unless I missed a ruling from the nine wise souls in D.
C Simmons v.
US still controls.
"The photographic array was so impermissibly suggestive "as to give rise to a substantial likelihood "of misidentification.
" You're suggesting that we rigged the ID? Not you, Ben.
Claire Kincaid.
See you in chambers.
What she said was that one of the men in the photos was, in fact, the suspect.
I see in Mr.
Blanchard's affidavit that Ms.
Kincaid promised him consideration "when he picks the right face out of the book.
" Ms.
Kincaid's statement is open to wide interpretation, Your Honor.
But what Mr.
Blanchard read into it was neither stated nor even implied.
How do we know what was stated? There was no recorder present.
She implied that an identification was inevitable.
According to Blanchard.
Well, Blanchard doesn't count? Her statements were directed at him.
I think it crosses the line, Ben.
I think it merits a suppression.
The ID's out.
Your Honor, you do know- Exception noted.
You fumbled the ball, and Arthur Gold takes it for a touchdown.
I don't agree.
I think we have enough left for a strong circumstantial case.
You go after big game, you bring it down with your first shot.
Every jurist in the state can't wait for this thing to go away.
Yeah, and Thayer's ruled on over 2,000 appeals.
And the minute we take him down every one of those appeals is called into question.
But if we back down now, it looks like we're bowing to pressure.
Yeah.
It's a service for Ms.
Kincaid.
I'll take it.
She's being brought before the disciplinary committee on charges of misconduct.
Now, why would Arthur Gold want to waste his time getting her disbarred? It's not Gold.
It's Thayer.
He says that she concocted the whole thing because he had spurned her sexual advances.
There's actually something to this? Clerking for him was my first job out of law school.
Everyone wanted it, and suddenly I was there.
And he reminded you how lucky you were.
How you owed him.
No, he was much subtler than that.
From the beginning, he treated me like his peer.
He listened to my opinions.
He acted on my suggestions.
Smart.
He knew you had an "A" student's ego.
He was smart.
He was also powerful and seductive.
Small intimate dinners, but always related to work.
I was fool enough to believe he really cared about me.
Finally, he invited me to his boat where he stays when it's too late to commute to his home.
That's how it began.
How long did it last? Three months.
You'll have to admit all of this publicly, Claire.
I don't think I can.
If you don't, you'll never get past it even if you can practice law again.
Like any rookie prosecutor, she paid her dues.
ECAB during holidays, and night arraignment.
Were you satisfied with her performance? Absolutely.
She made Felony Assistant in well under the usual time.
Are you aware that the two investigating detectives gave Ms.
Kincaid three possible suspects? Yes, sir.
Excluding Mr.
Thayer, were the remaining two suspects ever questioned? No, sir.
Were photos of these two men included in any photo array that was shown to Mr.
Blanchard? No, sir.
Nothing further.
For many years, I declined to hire female law clerks.
I was concerned with the appearance of propriety.
What changed your mind, sir? Colleagues pointed out that qualified women candidates were being denied opportunities.
Did there come a time when you lifted your ban on women as clerks? On general assignment clerks of the court, yes.
Ms.
Kincaid proved an able attorney.
She was bright, aggressive.
In fact, she sought a heavier caseload.
Did you have occasion to assign Ms.
Kincaid to any of your own matters? I did, and I was pleased with her performance, at first.
But then, a situation developed.
How so? Ms.
Kincaid was constantly asking about my marriage whether my wife and I were happy.
It became obvious that she was attracted to me.
How did she make it obvious? One evening, we were working late and she was standing next to me.
She began to kiss my neck.
I asked her to stop.
How did Ms.
Kincaid react? She stopped but her advances continued.
The more I refused, the more threatening she became.
Threatening? How? She threatened to tell my wife that we were having an affair.
How long did this behavior continue? I suggested that she join the District Attorney's office before the completion of her full term.
I wanted to get rid of her.
I was very relieved when she made her move.
Ms.
Kincaid made sexual overtures threatened your reputation, yet you didn't fire her? My attorney was concerned that this would result in a gender discrimination suit.
Well, did you discuss the matter with anyone else? My attorney and my own clerk.
But I never referred to Ms.
Kincaid by name.
How convenient.
Objection.
Withdrawn.
He taught me to think like a lawyer.
Simply, concisely so that logic isn't lost in the noise.
Anything else? Never to avoid a tough call.
And the decision to indict Mr.
Thayer, whose was that? It was Ben Stone's.
I believed the evidence supported the charges.
I still do.
Have you been on board the Barbara Allen, Ms.
Kincaid? Yes.
He invited me several times for dinner.
Working dinners? No, romantic dinners.
Did you sleep with Judge Thayer? Objection.
Overruled.
Yes, I did.
Who initiated the affair, Ms.
Kincaid? Thayer did, but in all fairness, I permitted it to continue.
Over what period of time? It lasted for three months.
Who ended it? I did.
I saw the effect it was having on Joel and myself.
Please explain.
He became very possessive, unreasonable and when I wanted to break it off, he became threatening.
And the fact that you considered Judge Thayer unreasonable and threatening is that what lead you to taint evidence and pursue a malicious prosecution? No, my feelings had no bearing on my conduct as a prosecutor.
Then you're a better person than I am, Ms.
Kincaid.
Well, frankly, I'm glad they only censured you.
I thought you'd be disbarred.
Ben, not only did that man lie about me on the stand but censure still prevents me from practicing law unless the committee decides to lift it.
So you file an immediate appeal.
You think it's worth the paper? It'll be reviewed by Thayer's court.
You got to do something.
Well, what brings you? The chance to gloat? I noticed the "for sale" sign when I came aboard.
She'll bring half of what I need for my divorce attorney.
You weren't the best I've ever had but you're proving to be the most expensive.
So how will you make it up? Janet Rudman? Don't try some little game.
You still want her, don't you? Hey, you want real trouble? What are you going to threaten me with, Joel? I'm a censured lawyer and you're barely a judge.
You little bitch.
No husband you could threaten to tell.
No child you could threaten with harm.
That's right.
But I learned my lesson.
Now get the hell off my boat and stay out of my life! There are some things I won't allow.
No, Joel.
There's just certain things you can't control.
I understand you've been censured.
Doesn't that mean you have no right to question me? Yes.
Then I don't see why we have any reason to talk.
We've shared a common problem.
Sleeping with Joel Thayer.
Joel warned me about you.
Yeah.
He probably said that I was out of control, as opposed to you.
What the hell do you mean saying these things? I know you were having an affair with him and I know you wanted out.
That's when the things started happening with Laura, didn't they? That is all past.
Just leave me alone.
It's all past because, apparently, you went back with him.
Now, did you want to? Listen, you've been stupid, I've been stupid.
I don't want to ruin my marriage.
Please, don't do this to me.
Yeah, I was stupid, but this isn't going to end until you tell the truth.
You're desperate.
You just want to put him in jail so you can restore your reputation.
Yes, I want to restore my reputation.
But what about yours? What about your marriage? What is this, ambush law? Joel, keep your coat on.
I have nothing to hide.
What's she doing here? Ms.
Kincaid is a witness, sir.
We are re-presenting our charges to the grand jury.
Janet, you can't possibly be a part of this.
Joel, let's just get out of here.
Mr.
Thayer, I'm giving you an opportunity not to go to trial.
Let's go, Arthur.
Ben, I don't know what you think you're up to, but neither this one nor Ms.
Kincaid ever takes the stand.
Arthur, you're swimming in quicksand here.
Your client as much as admitted his guilt to Claire Kincaid.
Well, you can bet no jury is ever going to hear that testimony.
You want to lay odds? I heard that, Arthur.
How much of this argument took place in the hallway? Your Honor, when Ms.
Kincaid interrogated my client he was still protected by Miranda.
He'd never waived those rights.
Ergo, any statements he made to Ms.
Kincaid are inadmissible.
And since Janet Rudman came forward as a result of those statements her testimony is inadmissible, too.
At the very least, Ben, I think you'd instruct your assistants about questioning defendants outside the presence of their attorneys.
Your Honor, Claire, she did this on her own accord.
Our office never asked her to talk to Thayer or Ms.
Rudman.
That doesn't even pass the laugh test, Ben.
Claire Kincaid's a member of your office.
She was.
Prior to the committee's censure, she offered her resignation.
This is bootstrapping, Your Honor.
Arthur, you're not playing to a jury.
I assume you have proof of Ms.
Kincaid's resignation? Yes, sir.
A letter dated four weeks ago.
Ms.
Kincaid acted as a private person and as such is unfettered by the restraints of the Miranda decision.
We met Joel Thayer and his wife six years ago on vacation in Barbados.
Did you become friends with the Thayers? We shared a social life, we traveled together.
I always assumed that we were very close friends.
At one point, didn't you learn that Joel Thayer had intimate relations with your wife? Yes.
When Janet told me.
Objection.
Hearsay.
No.
I'll allow it.
Mr.
Rudman, how did you react to this news? I was furious with my wife and devastated at being deceived by a supposed friend.
Did you ever come to terms with this affair that your wife was having? I told my wife that I could forgive her adultery but that I could not tolerate her continuing to protect Joel Thayer after he had subjected us to a campaign of terror.
Thank you.
Your witness.
This alleged campaign of terror you witnessed it yourself, Mr.
Rudman? No- So you simply accepted your wife's version of events? I believe my wife is telling the truth.
Uh-huh.
How long was it that your wife deceived you with Joel Thayer? She said that they had been involved for a little over a year.
Thirteen, fourteen months during which time she never told you anything about the affair or the attacks? No.
Isn't it true, sir, that she confessed this infidelity just as it was about to become public knowledge? Objection, Your Honor.
He is asking for the declarant's state of mind.
Overruled.
I suppose so, yes.
In fact, you know so, sir.
Come in.
How's it going? A circumstantial case against Arthur Gold.
I've spoken to someone who wants to be a witness.
Well, an addition to the witness list at this late date it means a head-to-head with Gold.
Is this person worth it? She's potentially devastating.
Your Honor, we've received word that Mrs.
Thayer is willing to testify.
That's outrageous.
Her name was never on the People's witness list.
We all know that your client is protected by spousal privilege.
You better have something new, Counselor.
We've learned that Mrs.
Thayer was aware of her husband's attempts to terrorize Janet Rudman.
I hold marital confidence near and dear.
Nothing Mrs.
Thayer says can issue from communication between husband and wife.
I understand, Your Honor.
Mrs.
Thayer, without betraying any confidences did you know that your husband was having an affair? I had suspicions.
What prompted these suspicions? Joel became erratic started missing appointments, misplacing papers.
That sort of thing.
Anything else? In a strange way, he became more affectionate, open.
He told me I was the most important thing in his life.
My husband usually had a difficult time articulating his emotions.
How did you respond to these new displays of affection? I loved it.
I tried to help him.
Keep things organized, the way he liked them.
Did you organize things on his boat? I thought he'd begun keeping a scrapbook.
There were clippings from various magazines.
You could see where the words had been cut out.
I put them away for him.
Are these the clippings, marked People's Exhibit One for identification that you found on the boat? Yes.
Your Honor, request that People's One be moved into evidence.
Voir dire, I expect, Counselor? Yes, Your Honor.
Mrs.
Thayer, are you saying that only now do you realize the significance of these clippings? I was a good wife to him.
As far as I'm concerned he deserves whatever he gets.
No objections, Your Honor.
Arthur, your client has 30 years of IOU's to pick up on.
We go in that courtroom, the gloves are off.
Five years, suspended, he resigns from the bench.
He gives up his license to practice law, three-to-nine.
Not a chance, Ben.
He has to have something to come back to.
Except as a criminal defendant he never sets foot in a courtroom again.
No room in that cold, prosecutor's heart for a little compassion? Yes, sir.
I have compassion for the criminal justice system.
It deserves better than Joel Thayer.
One-to-three on attempt grand larceny two.
He maxes out in 18 months.
He allocutes to all the facts.
Full record.
You understand that your plea has the same effect as a jury's verdict of guilty? Yes, Your Honor.
Do the People wish to enquire? Yes, Your Honor.
Mr.
Thayer, for the record, please describe what happened.
I pursued Janet Rudman.
I wanted to see her.
In what manner did you pursue her, sir? I phoned her at her house.
I followed her on the street.
What did you do next, sir? You have to understand that I was under a lot of stress.
I wasn't myself.
Mr.
Thayer, did you threaten Mrs.
Rudman's child? Janet knows I never meant any harm.
Your Honor, this is insufficient.
Either the defendant allocutes to all the elements of each offense or the People withdraw their plea offer.
I regret any distress my actions may have caused.
Approach.
You, too, Mr.
Thayer.
Your Honor, the defendant is behaving as if someone else performed these acts.
You want him on his knees, Ben? Walter- Judge Schreiber to you.
Now, I've heard all the dodging and weaving I can take on this one.
You wore the same robe I do.
You know the drill.
Now, if you want to dance you can come back and dance at a trial.
So, let's hear it.
All of it.
In an effort to convince Janet Rudman of my love of the sincerity of that love - Your Honor.
Describe your actions, Mr.
Thayer.
I just wanted to scare her.
If I scared her, then she couldn't leave me.
She would always come to me, always need me.
I never I never meant to hurt anyone.
Mr.
Thayer, sir for the last time for the very last time did you threaten to harm Mrs.
Rudman's child? I require an answer.
Yes.