Law & Order (1990) Episode Scripts

N/A - Tombstone

NARRATOR: 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.
I can't take this much longer.
I billed 310 hours last month.
I billed 326.
How many all nighters? Five.
Seven.
I finally thought I had some free time tonight, you know, so I took Karina to dinner.
The braless editor? Exactly.
So we're sipping Pinot at ll Cantanori, flirting.
Uh-huh, and Schnell calls.
He starts screaming in my ear, "Get back to the office now.
" I tell him, "I'm on a date.
I just ordered dinner.
" Yeah, and he says, "Get a doggy bag.
" Used that on me last month.
Oh, I'd like to cut his tiny little hands off.
Let's face it, this place is evil.
Call 911! Jacquelyn Ogden, lawyer, 28.
Who found the body? Two other lawyers.
What were they doing here so late? Working.
They said it's normal.
I knew there was a reason I didn't go to law school.
Looks like she got hit in the head with one of these.
They call 'em "tombstones.
" My sister's a lawyer, one of these big firms.
The murder weapon's been wiped down.
Tom bstones? They close a deal, everybody gets a trophy.
Oh, it's like little league.
We oughta do that.
Make a homicide pinch, you get a tombstone.
Hey, is it as obvious as it looks? Blunt force trauma, probably fractured her skull.
ED: You got a time of death? Between 10:00 p.
m.
and 1:00 a.
m.
Any defensive wounds, scratches? None.
Any sign of sexual assault? Nothing obvious.
We'll do a rape kit.
But she might've had sex sometime yesterday or last night.
Her underwear has something on it that looks like semen stains.
We'll let you know.
Thanks.
Not exactly premeditated.
Conference room, a lot of people around.
She gets clobbered with one of these.
Jackie Ogden's last tombstone.
There are 700 attorneys that work at that joint.
How many were working between ten and one? Uh, 84.
Eighty-four? Uh-huh.
Plus 72 typists, proofreaders and paralegals.
How many were men? Of all of them, 95.
Video? Yeah, in the lobbies, the elevators and the gym, but that's it.
M.
E.
finish the rape kit? Yeah, and looks like the sex was consensual.
There was semen on the body and the underwear, but there were no bruises, scratches or tears.
And that it had to have happened at the firm.
She signed in at 7:00 a.
m.
, didn't leave the building all day.
There's no way to know when.
Could be ten minutes, ten hours before she was killed.
What do we know about her? She's 28, she's single, she works 15 hours a day, seven days a week.
Family? ED: She's got a sister.
Her mother's dead.
Her father's in a nursing home in Queens.
Where'd she live? Tribeca.
Have her sister meet you there.
Bellissimo Day Spa.
Yeah, she was scheduled for a salt glow at 1:00 on Saturday.
It's nice to know she took some personal time on the weekend.
Hey, listen to this.
"Dear Jackie, our careers should not impede our passion.
"Love is primal, not cerebral, instinctive not learned.
"Not a day passes that I don't long for the touch of your skin "and the taste of your essence.
" My God, that's horrible.
Did Lover boy sign it? No.
Just an initial, I don't blame him.
If I wrote something that bad, I wouldn't sign it either.
Miss Ogden? Nancy.
Hi.
I'm Detective Green, this is my partner, Detective Fontana.
Thank you for meeting us.
We're really sorry for your loss.
Thank you.
Is there anything you can tell us about your sister that might help us figure out what happened to her? Iwouldn't know, she was always working I hardly saw her.
When was the last time you two talked? I guess the last time we spoke was around Christmas.
FONTANA: She ever mention her love life? FONTANA: Ma'am? I don't know if she had one.
All she ever talked about was that law firm.
All the hours she was working, how prestigious it was, how she couldn't wait to make partner.
There was no man in her life that you knew about? The only man she ever mentioned was this big-shot partner.
Do you think she was seeing him? I don't think so.
He was a lot older.
More like a mentor.
ED: Do you remember his name? Uh.
Fogg, with two G's.
That's the way Jackie always referred to him.
"Fogg with two G's called me into his office today.
" "I ran into Fogg with two G's in the hall.
"He actually remembered my name.
" She was fixated on him.
Jackie had a brilliant future in front of her.
I hired her myself, right out of Yale.
Did you two work together? Peripherally, yes.
I don't have much direct contact with thejunior attorneys.
ED: Who did she work with? Lots of people.
Our transactions are staffed with six or seven attorneys as a matter of course.
Was she dating anyone at the firm? That would be against company policy.
You've got a lot of very intense young people thrown together, high pressure, long hours, it's bound to happen.
You should talk to her office mate.
If anyone would know.
They spent 80 hours a week together in a very small, very windowless office.
She was brilliant, not to mention compassionate.
She worked on pro bono cases, did volunteer work.
The ideal New York woman.
Was she dating anybody? Yes, but she wouldn't tell me who.
Why so secretive? She thought it would damage her career.
A co-worker maybe? Maybe.
We have a fairly strict rule against intra-firm dating.
Well, rules or no rules, there had to be plenty of dudes popping in and out here who'd like to get with somebody like Jackie.
Two or three a day, not that I minded.
Well, who visited the most? You're asking me who I think Jackie was sleeping with? There you go.
No wonder he gets 300 an hour.
Four-twenty.
And his name's Stuart Arlen.
Overpaid.
It was three months ago.
It just kind of happened.
It was here.
At the gym? In one of the relaxation suites.
Relaxation suites? Yeah, on the 20th floor.
We have rooms with couches and showers, just in case you need a nap when you're pulling an all nighter.
Or maybe a little R and R maybe? It's been known to happen.
So that was it? One night in the relaxation suite? I tried to keep it going, but she wasn't interested.
But you still kept dropping by her office.
She was hot, okay? Notjust law-firm, "big fish in a small pond" hot, either.
I'm talking totally legit, "south of 14th Street" hot.
You worked late the night she was murdered? Not that late.
I think I left around 11:00.
to the sign-out sheet.
Were you working with anybody? No.
Were you on the 40th floor? I don't think so.
You don't think so.
A paralegal said she saw you near Jackie's office around 10:00.
Oh, yeah.
Right.
Sorry.
I was looking for this first year, Rich Grossman.
His office, right next door to Jackie's.
But you didn't see her? Why don't we just cut to the chase here? I didn't kill her.
And I didn't see anything odd.
You want details, talk to her "FISP.
" Her what? Mentor.
It's an acronym.
"Fogg indentured Servitude Program.
" This "FISP" have a name? We worked together for about a year.
That's it? You just worked? Oh, we weren't involved romantically, if that's what you mean.
I've noticed that everyone else has a diploma on the wall but you.
Oh, that's because everyone else went to Harvard or Yale.
But me, Hofstra.
The first and only alum to get an interview here.
Good for you.
Hey listen.
What time did you leave here the night Jackie was killed? I signed out a few minutes after midnight.
Did you see Jackie at all that night? Around 8:00.
I dropped by her office to leave some documents.
Did she say or do anything unusual? Not that I noticed.
But I've been preoccupied lately.
FONTANA: Well, why's that? I'm up for partner in two weeks.
So I've been pretty nuts, working non-stop, trying to finish strong.
Did you ever write Jackie a love letter? A love letter? No.
How about any of your colleagues? Any of them have a crush on her? Well, I did hear a rumor that she was seeing this guy, Kenny Peluso.
ED: He's a lawyer? No, hardly.
It felt good to have a broad like that interested in a guy like me, you know? But as far as her murder goes, I have no idea what happened.
How many security guards were working last night? Fifteen.
All of them former police officers like yourself? Yeah, mostly.
And nobody saw a thing? Guess not.
Well, what were you guys doing? Playing poker all night? We've been known to socialize, but we all walk our assigned floors every hour or so.
Who was assigned to the 40th floor? Me, as a matter of fact.
You? You were assigned to the 40th floor and you didn't see a thing? I saw what I always saw.
A bunch of unhappy, over-educated kids running around like the world's about to end.
So Why'd you stop seeing Jackie? You kidding me? She dumped you? Moment she found out I was married.
Go figure.
Did you see her after that? Yeah, we had coffee, you know.
She was a lot of fun.
Hey, did she ever talk about any other guys? I know she was friends with some punk, actor-model type.
Guy named Quinn.
FONTANA: That a first or last name? Both, as far as I know.
I hate the guy already.
Hey, listen, we're gonna need to get into her voice mail, and her computer.
All right.
FONTANA: You were just friends? QUINN: Friends.
Nothing more than that? No, no.
I wish.
But, uh Why'd you call her three times yesterday? Look, man.
Uh, yeah, she was looking.
I want to help out, all right? I really do.
But, uh Look, man, relax.
Relax.
We're homicide.
Not narcotics.
Why do you say that? We ran your sheet, man.
Criminal possession, sale of a controlled substance.
Cocaine.
She was wiped out.
Busting her behind Needed a little motivation.
Sol provided a little something for her.
Did you drop it off at the firm? Around 7:00.
You sign in? Yeah.
I used a fake name, though.
"Antonio Montana.
" (LATCH OPENING) Hey, man.
Hey, hey, hey.
Uh-oh.
What's this? I'm a magician.
Part-time.
Well, this doesn't look like a rabbit to me.
It's just X, man.
Well, in case nobody told you, X is illegal.
So is selling coke.
So, unless you wave your magic wand and make this stuff vanish, you're going to be spending the night in a holding cell, entertaining some of the boys down at the tombs.
I understand it's a tough crowd.
Um-hmm.
What do you want to know? Who Jackie Ogden was sleeping with.
She was seeing some CEO dude from some big Fortune 500 company.
Keep talking.
It hasn't vanished just yet.
She was worried she might get fired if anybody at the firm found out about it.
I can still see it, Quinny.
Look, man.
She was going to break up with him, all right? When? The day she got killed.
This "CEO dude" got a name? No clue.
Now, see, that's too bad.
Hey, man, look.
The name of the company was Unicorn, all right? Mr.
Anders? Detective Green, this is Detective Fontana.
Is this about Jackie Ogden? Yes, it is.
When was the last time you saw her? The day she was killed.
Where? Cromwell Moore.
I had a meeting with Nathan Fogg, then I stopped by Jackie's office to say hi.
To say hi or to have sex? Is that relevant? Oh, we think it is.
Of course, we could talk at our office, if that's more convenient for ya.
Yeah.
We had sex.
Where? In her office? Vacant conference room.
Which one? I don't know, on the 40th floor, I guess.
That was the room she was murdered in.
Oh, my God.
Okay, so what time was it that you had sex with her? Around 5:00.
ED: And when did you leave the building? Pretty quick on the draw, there, aren't you, Will? I had to catch a flight to London.
Out of Teterboro.
Listen, would you be willing to give us a DNA sample? If it will help your investigation, absolutely.
"Mr.
Teterboro's" alibi check out? Yeah.
Took off on a G-five at 7:15, spent two nights in London at the Savoy.
Yeah, but we have a better health plan.
Hey, that DNA come back? Here it is now.
So is our boy Anders a match? For the semen.
Not the fetus.
The what? Victim was four weeks pregnant.
And if it isn't Anders? We got zip.
Except for the fact that whoever the bad guy is, he's somehow affiliated with Cromwell Moore.
And that the victim had at least two office affairs.
The over-under is six.
I'll take the over.
So she was four weeks pregnant? Uh-huh.
Odds are the father works at the firm.
He'd have to.
She practically lived there.
But how we gonna identify him? DNA dragnets are tricky, Lieutenant.
That's why I'm here.
I thought the courts haven't addressed this yet.
They haven't.
So it's not illegal Nor legal.
Just unchallenged.
That's what they have hearings for.
But in the meantime, I think we should go for it.
Sounds kind of aggressive.
Nothing wrong with aggressive.
Except when it's unconstitutional.
To ask every male who was on the premises between 10:00 and 1:00 for his DNA seems invasive.
You can ask for anything you want, as long as it's voluntary.
Voluntary? "Excuse me, sir.
I was wondering if you'd give up some saliva "so I can figure out if you killed Jackie Ogden.
"Now, you don't have to say yes, "but if you don't, I'll assume you're a suspect "and make your life a living hell.
" How long have you been doing this? All I'm saying is, I think there are some significant Fourth Amendment issues.
All I'm saying is we're out of leads and this is a strategy that makes sense Do what you need to do, Lieutenant.
But make sure your people tread lightly and that they advise prospective donors this is merely a request, and that the results will be destroyed and not entered into any DNA databases.
Understood.
Come on, Stu, it's just a swab.
It's just fascist and unconstitutional.
Well, if you're innocent, what's the big deal? Oh, come on.
Don't play that game with me.
It's no game.
Trust me.
Is that a threat? Why, no, Mr.
Arlen, that's not a threat.
A threat would be more like If you mouth off to us one more time, I'm gonna break yourjaw.
And when you're on the ground, I'm gonna kick you in your ribs until you spit blood, you cheap shyster.
That would be a threat.
This is more like a request.
Well, when you put it that way, the answer's still no.
No problem.
Thanks.
That's the kind of civic minded attitude we've been looking for.
Anything else? Yeah, could you talk to some of your colleagues? They seem a little reluctant to help us out.
You want me to convince a bunch of snotty lawyers to voluntarily relinquish their constitutional rights? If it's so terrible, Why'd you agree? To get you off my back.
Twenty-two "yeses," 47 "gee, I'd like to, but it's unconstitutional," and 27 "go to hell, I'm calling the ACLU.
" Well, it's better than I thought.
The lawyers were mostly no's.
The yeses were civilians like security, maintenance.
That love letter lead anywhere? Negative for latents.
We're working on the DNA.
And what about her LUDS at her office? That woman got more calls than my Uncle Stevey.
The bookie? "Odds-maker.
" Lieutenant, good news.
We found him.
I'm the father of her what? Oh, yeah.
I had no idea she was even pregnant.
You're sure it's me? Positive.
You don't think I killed her, do you? I mean, come on, guys.
Where'd you go when you left the office that night? Home.
Watching TV with my wife.
Can we talk to her? Well, she's at work.
Well, when she get home? Around 6:00.
We're gonna need to ask her a couple of questions man.
Wow.
Do what you got to do.
But if you could leave out that part about the baby, Jackie and me, I'd appreciate it.
You know, Mo's old-school Irish.
She says a Hail Mary before she goes to the bathroom.
We're not looking to jam you up with your wife, but you gotta help us out, here.
Well, there was this senior associate that gave Jackie a bad review because she wouldn't screw him.
She said she was gonna stick it up his ass.
Just because he gave her a bad report card? She thought it was gonna be the end of her career at Cromwell Moore.
What was her plan? Well, she said she was talking to a labor lawyer about filing a sexual harassment lawsuit.
What's this senior associate's name? I gave her a bad review because she was an average lawyer.
Not because she wouldn't sleep with me.
Well, if she was an average lawyer, why didn't you give her an average review? Because average is unacceptable at Cromwell Moore.
ED: Hmm.
Is that right? We work on the most important financial transactions in the world.
As such, our clients demand upper-margin work.
FONTANA: Upper-margin, huh? Jackie's work wasn't even mediocre.
When you gave her that bad review, did she threaten you? No.
She was always professional.
She never talked about filing a sexual harassment suit? Don't be ridiculous.
Of course not.
All right.
Let's talk about the night of the murder.
You signed out at 12:05? Yeah, if that's what the sign-out sheet says.
FONTANA: That's what it says.
And before that? I was working most of the night with Nathan Fogg.
Fogg? With two g's.
? So Fogg backs up Drexler's story? Pretty much.
He says they were working together from 10:00 p.
m.
until about 11:40 or so.
Well, what about that labor lawyer she called the day before the murder? We talked to him this morning.
He said she was seeking advice on a sexual harassment suit.
She name Drexler as the defendant? No.
But it had to be him.
According to Peluso.
And the "R" at the bottom of the worst love letter ever written.
Didn't necessarily have to be his R.
Yes, it does.
Drexler's DNA is all over the envelope from that love letter.
All right.
Get a search warrant for his apartment.
Congratulations, partner.
Thank you, sir.
You won't regret it.
What are you guys doing here? A little upper-margin work of our own.
Ron Drexler, you're under arrest for the murder of Jackie Ogden.
Detectives? What's your evidence? Jackie Ogden's blood on his trouser.
You're a lawyer.
You should've known to have that suit dry cleaned.
You have the right to remain silent.
Less depletion.
People v.
Ronald Drexler.
Murder in the 2nd degree.
How do you plead, Mr.
Drexler? He pleads not guilty, Your Honor.
Bail? Given the gravity of the crime and the defendant's access to capital, the People seek remand.
My client has no criminal record.
He's a hard working, blue-collar kid, YourHonoL The only capital he has access to is his modest savings account.
There's no Challenger 600 waiting to whisk him off to Fiji.
Your point? We request bail be set at $100,000.
We have substantial evidence tying the defendant to the crime.
Of course you do, Miss Borgia.
Bail is set at $1,000,000.
A million dollars? Relax.
You'll be out in two hours.
BRANCH: Why would Nathan Fogg post this kid's bail? Looks like he wants to control the case, make sure his firm's reputation doesn't take a beating at trial.
There's an agenda there somewhere, that's for sure.
You can count on that.
Or maybe it's just a loyalty thing? Loyafiy? Miss Borgia hasn't worked in the private sector, has she, Jack? I don't believe she has.
Just make sure your bases are covered.
Because Rosalie Helton's not afraid to play in the gutter.
Did you see this? How could they do this to her? I'm so sorry.
So she dated different men.
So what? She deserved what happened to her? I know.
It's upsetting.
They're trying to make her look like some kind of a whore.
I don't think it will impact the case.
My sister was a good person.
To have her reputation trashed like this.
I think that ajury will see through it.
I hope so.
Predictable line of defense.
Turn the victim into a tramp with lots of enemies.
God knows it's worked before.
File a motion to exclude all evidence pertaining to Jackie's sex life.
It'll be a pretty long motion.
What choice do we have? You feel like doing some research? I assume that's more of a question than a statement.
You assume correctly.
Helton filed a motion to suppress all evidence recovered at Drexler's apartment.
Based on what? The DNA sample being unconstitutional.
Like the Lieutenant said this is what hearings are for.
The detectives told Mr.
Drexler if he didn't provide DNA, he'd become a suspect in a murder investigation.
They merely asked if he would assist them in their investigation.
They repeatedly told him that it was voluntary.
It's not voluntary when the consequences of saying no force you to say yes.
Seventy-three of the 95 men who were asked said no.
The truth is, Mr.
Drexler offered his DNA because he knew that he was not the father of the fetus since he'd never had sex with the victim.
His plan backfired and now he's trying to hide behind the constitution.
Your client's a partner in one of the toniest law firms in the city.
You really think he didn't understand he had the right to say no? The day the detectives requested his DNA, he'd been up for working on four separate transactions.
So he was alert enough to oversee several billion dollars in transactions, but too frazzled to know that he could reject a simple request for DNA? I agree with Mr.
McCoy.
Fine let's assume, for the moment, Mr.
Drexler did consent.
He did so only with respect to the fetus.
Not the envelope.
That's absurd.
The detectives said, "if you're not the father, we'll throw away the DNA.
" As such, checking the DNA against the envelope after it didn't match the fetus was beyond the scope of his consent and therefore unconstitutional.
I agree.
Mr.
Drexler knew that his DNA would be used for the duration of the investigation.
Absolutely not.
His consent was specific to the question of paternity.
Take yes for answer, will you? I said I agree with you.
The evidence recovered from the defendant's apartment doesn't come in.
Can we win the case without the blood evidence, Jack? Drexler's the only person with a compelling motive present at the time of the murder.
What about his alibi? Claims he was working with Fogg until midnight or so, went back to his office, jotted down a few notes, and left by 12:05.
Does Fogg corroborate this? More or less.
Says they parted ways at 11:40.
So if Fogg is telling the truth, that gives Drexler to argue with Jackie, kill her, clean up and leave the building.
Difficult, but not impossible.
Pay a visit to Mr.
Fogg.
See if there are any soft spots to his story.
I interviewed with you about 25 years ago.
Oh? How did it go? You looked over my resume, frowned, and said, "Decent but hardly spectacular.
" Sounds about right.
Then you said, "So tell me, Mr.
McCoy, why in God's name" "Should I grant you the privilege of working at the nation's most prestigious law firm?" The night Jackie Ogden was killed, you were working with Ron Drexler? I've already been through this with the detectives.
If you'd rather not discuss it Ron and I were working on a high-yield offering from 10:00 to 11:40.
Doing what? Revising a prospectus.
Revising a prospectus? It's a document used to sell things.
I know what a prospectus is, I'm just surprised that the most powerful corporate attorney in Manhattan was performing menial labor at 11:40 at night.
I like to keep my hand in.
Fogg's hiding something.
Why do you say that? He claims he and Drexler were revising a prospectus.
A prospectus.
How often does Arthur Branch sit next to you when you draft a motion late at night? Good point.
Find someone at Cromwell with an ax to grind.
I know someone who used to work there.
Bitter? Absolutely.
Ron Drexler's a great guy.
Except for the whole alleged murder thing.
So he's not a monster? God, no.
Worked harder than anybody I'd ever met, 26, 2700 hours a year.
Only vacation he ever took was when his father had quadruple bypass surgery.
People loved him.
Especially Nathan Fogg.
Why? He's smart, myopic, anti-social, tireless.
All the trappings of the perfect corporate lawyer.
This way.
W hat about F egg'? He's a legend.
The guy literally invented the Good 9 "Y? Sure, if you like hypocritical, narcissistic, cold-blooded frauds.
And your opinion wouldn't have anything to do with the fact that you got passed over for partner? Of course it does.
But it doesn't mean I'm not telling the truth.
Can you share anything specific? Are we talking off the record? I won't mention your name.
See that you don't.
I know this guy at the SEC.
He can tell you everything you want to know.
I can't get into specifics.
But you can answer a few simple questions, right? I guess.
Are you investigating Nathan Fogg? Who told you that? A friend at Cromwell Moore.
It isn't public yet.
But yes.
Is Fogg aware of the investigation? He'd have to be.
We subpoenaed him.
He's turned over documents.
Nathan Fogg is conspiring with Unicorn to commit securities fraud? The SEC's been investigating them for the past three months.
Fogg's bill from the prior fiscal year.
Twenty million.
Pretty steep.
Especially since the firm only billed five million for time and expenses.
A $15,000,000 premium? JACK: Sounds like payola to me.
And you think Drexler knew what Fogg and Unicorn were up to? He billed over 7,000 hours to Unicorn in the past three years.
He had to.
Explains why Fogg would post his bail.
And provide an alibi.
Well, I think we're gonna have to convince "Brother Fogg" to cooperate.
BRANCH: You got a real problem on your hands, Nathan.
A problem? You're about six weeks away from an indictment.
Excuse me? I'd prefer not to dance tonight, If you don't mind.
I'm not trying to be evasive.
I just don't know what you're talking about.
The hell you don't.
You're helping Unicorn cook the books.
And the SEC knows it.
How's that? More succinct? Things have changed since you practiced law, Arthur.
It's all about numbers.
About business.
You don't generate revenue, you get squeezed out.
Look, all I care about is sending Ron Drexler to prison.
And if I can? I'll do my best to work out a deal between you and the U.
S.
Attorney.
But before I do, I've got to be sure you can help us get a conviction.
I'd need the details of the deal in writing from the U.
S.
Attorney first.
Understood.
And if I don't get that I'll deny I ever said this.
I won't use it against you.
Drexlertold me he killed her.
Enjoy the veal, Nathan.
Arthur, you talk to the U.
S.
Attorney? I did.
Unfortunately, Drexler and his attorney did too.
What do you mean? Well, Helton figured out that Fogg was about to give up Drexler, so she rushed Drexler into the U.
S.
Attorney's office and told him to sing like OI' Blue Eyes.
And now the Feds are so excited to nail Fogg, they want us to make a deal with Drexler? You got it.
And what does the esteemed U.
S.
Attorney want us to offer Mr.
Drexler as compensation for his willingness to testify? Man One, ten years.
I trust you told the esteemed U.
S.
Attorney to go to hell.
I told him I'd discuss it with my able bureau chief.
Well, we can discuss it, but the answer is no.
Then I'll tell the U.
S.
Attorney where you want him to go.
W hat about F egg'? What about him? Shouldn't we let him know that his surrogate son just threw him under a bus? The good news, Mr.
Fogg, is that the U.
S.
Attorney considers you the most important corporate lawyer in the city.
The bad news is, because you're so damn important, he's not interested in making a deal.
He would have been more motivated if your protege, Mr.
Drexler, hadn't revealed the details of your illicit dealings with Unicorn.
Excuse me? He sold you out, Mr.
Fogg.
He wouldn't do that.
He was staring down a murder two conviction, he went looking for a deal.
He cashed in the most valuable chip he had, you.
I see.
Anything else? Yes.
Even though we couldn't work something out with the Feds, I still intend to call you as a witness.
You can call me.
But I won't testify.
I'll subpoena you.
And I'll take the Fifth.
Congratulations.
For what? Convincing my client's alibi witness not to testify.
We merely told Mr.
Fogg the truth.
It's called intimidating awitness.
Anything else, Rosalie? I want to discuss a plea.
Since I gave her a bad review, she thought her reputation had been tarnished.
She was in danger of not making partner.
I said she was overreacting, but Why'd you give her a bad review? Because she did a terrible job.
Truth is, I gave her a C for doing F work.
If it were someone else, I'd have recommended we get rid of her.
So you never harassed her? Of course not.
What about the love letter? One day we talked about how people don't really write letters anymore, how these days it's all cell phones and emails.
So that night, after dinner, she kissed me and asked if I'd send her a note.
Are you saying she set you up? That's exactly what I'm saying.
These last few months, she'd flirt with me, tell me how cute I was.
But every time I tried to ask her out or take it to the next level, she was uncomfortable.
Blamed it on the fact we worked together.
Maybe she just wasn't that into you.
She manipulated him into making advances, which she then used as the basis for a sexual harassment lawsuit which would have destroyed his chance at making partner.
And made her chances better.
She told you she was planning to sue you.
Then what? I begged her to reconsider.
She just laughed.
Said I was a one-dimensional loser.
She couldn't wait to see me go down in flames.
Then? She started to walk out.
Then I I grabbed her arm.
She slapped me.
And I He'll save the rest for when we have a deal.
That's it? Yes.
He allocutes, Murder Two, we recommend the minimum, Jack.
That's my offer.
See you in court.
Make sure Peluso's ready to go tomorrow.
His testimony is critical.
And then she said, "I'm going to ruin his life before he ruins mine.
" You're positive she was talking about Drexler? Said his name two or three times.
If it was three, say three.
It was three.
Less ambiguity, the better.
Okay, fine.
What about cross examination? Is this lawyer gonna ask questions about Jackie and the whole pregnancy thing? Yes.
I thought you talked to the judge.
I said I'd try to limit the scope of the argument.
(GROANING) So I have to sit there while some hot-shot lady lawyer embarrasses me and my family? It's relevant to your potential bias.
Ah, screw this.
I'm going home, sweetie.
Mr.
Peluso.
Detective Green, please.
ED: All right, give me the address.
Okay, I've got it.
Anything for you.
That was that A.
D.
A.
Borgia.
She's wants us to escort an unenthusiastic witness to court tomorrow.
Who's that? Kenny Peluso.
Well, I have to be in court at 9:00 to testify in that Roland thing.
Don't worry about it.
I got it.
Thank you.
Every time I grab a little on the side, it's like I get jammed up.
It's like a bad joke.
It ain't none of my business, Kenny, but did you ever think about not getting any on the side? No.
Never entered my mind.
Yo' Kenny.
(sun SHOTS) (BOTH GROANING) We'll take my car to the hospital.
(SIREN BLARING) How is he? We don't know anything yet.
Peluso? Dead.
Took two to the chest.
I'm sorry about your partner.
Thanks.
How are you doing? I'm thinking Mr.
McCoy.
Just thinking.
I need to know what the hell's going on here, Jack.
We're not sure.
Not sure? Our key witness just got gunned down in front of his house, Detective Green's on life support and we have no idea what happened? Detective Fontana's chasing down leads, but so far it doesn't look like Drexler's involved.
It could be unrelated to our case.
What do we know about this witness Peluso? Ex-cop, retired a year ago.
Clean? The detectives are pulling files.
Any way we can still win this? Without Peluso, we can't prove motive.
(TELEPHONE RINGING) Hello.
Right.
Well, the other side's caught the scent of blood.
Defendant's attorney's waiting in your office.
What can I do for you? Make this case go away.
Man One, two to six.
Forgive me, Rosalie, but I'm not feeling particularly generous at the moment.
I understand.
If you understood, you wouldn't be here right now.
Excuse me? Peluso's body is still warm, and you're already trying to exploit the situation.
Not at all.
Things have changed.
I'm just trying to solve a difficult case in the fairest way possible.
Fair? There was nothing fair about what happened to Jackie Ogden.
I can assure you.
You're right, I'm sorry.
Bad word choice.
Let me try again, okay? Without Peluso, you can't prove motive, which means you can't win.
I'm not having this conversation.
I'm simply I'm not having this conversation! Fine.
She's right, jack.
Without Peluso I know.
So what's the plan? As it stands now, Drexler will be acquitted.
Won't even go to ajury.
That's not my concern.
Sure it is.
If he's acquitted, the chief witness against you in your securities fraud trial will be an innocent, law-abiding, practicing attorney.
As opposed to a convicted, lying, disbarred murderer.
Having spent my career in the D.
A.
's office, I can tell you two things.
Juries don't listen to men serving life sentences, and Prosecutors hate to cut deals with icons.
What's your point? You'd be a fool not to help us convict Drexler.
It's not that easy, Mr.
McCoy.
Why's that? If I testify, my reputation will be destroyed.
Better than spending your golden years in a federal prison.
Hmm.
Can you offer me anything more tangible? All I have are intangibles.
Like helping Jackie Ogden's family obtain some dignity.
Doing the right thing has never been my strength.
And it's certainly not the personality trait that got me a corner office at Cromwell Moore.
He said, "I just did something stupid.
"I think I might have killed Jackie.
" I couldn't believe it.
I just looked at him.
His hands were still shaking.
JACK: Did you notice anything else? There was some blood on his right hand.
Thank you.
You posted bail in the amount of $1,000,000 for Mr.
Drexler? Yes.
Because you believed he was innocent? No.
I was just trying to help a colleague in a time of need.
A million dollars is a lot of money.
You're the target of an ongoing criminal investigation, correct? Yes.
Dealing with secu rities fraud and other acts of corporate deception? I'm not sure of the specifics.
No charges have been filed.
Right now, it's just an investigation.
HELTON: Right.
"Just an investigation.
" Mr.
Fogg, in the past few weeks, you've talked to the D.
A.
's Office about making a deal with the Federal Government in connection with potential securities fraud charges? Yes.
You've also received immunity with respect to possible state crimes arising from your testimony? Correct.
In a sworn statement, taken two days after Miss Ogden's death, you stated that you and Mr.
Drexler worked from 10:00 until 11:40 the night of the murder.
Yes.
And in that statement, you failed to mention that Mr.
Drexler confessed to killing Jackie Ogden.
Right.
But now, for some reason, you're testifying that you and Mr.
Drexler did not work together from 10:00 until 11:40? Yes.
And that he just barged into your office and, without any provocation, confessed to killing someone.
Right.
Given the ongoing fraud investigation, and your wildly inconsistent statements regarding the night of the murder, it seems to me there's only one conclusion to draw.
You're a liar.
JACK: Objection! JUDGE: Sustained.
Nothing further.
Mr.
Fogg, why did you change your testimony? To do the right thing.
To help Jackie Ogden's family obtain some dignity.
Heard you nailed the son of a gun.
Thanks to Nathan Fogg.
You did a hell of a job, Jack.
I mean, really.
We needed this one.
What's the word on Detective Green? Still fighting for his life.
And the investigation? The police are all over it, especially Fontana.
But so far no leads.
When Green gets back on his feet, maybe he'll remember something.
Maybe.
If you have any faith in the man upstairs, Jack, it might be time to call in a chit.
Already did.
How is he? Not so good.
How's the case? Like I said before, I'm just thinking.
Just be careful, Detective.
You work your side of the street, Mr.
McCoy, and I'll work mine.
VAN BUREN: Fontana, come on.
Let's go get a cup of coffee.