07x02 - Second Time Around

Episode transcripts for the TV show "L. A. Law". Aired: September 15, 1986 – May 19, 1994.*
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High-powered law firm of McKenzie, Brackman, Chaney and Kuzak handles both criminal and civil cases, but the office politics and romance often distract them from the courtroom.
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07x02 - Second Time Around

Post by bunniefuu »

Previously on "L.A. Law"...

[g*nshots]

[g*nsh*t]

As most of you know, I have decided to run for city council,

only I didn't take into account the time that's needed.

I'd like to extend my leave of absence.

We'll be fine, Jonathan. All the best.

This is a different world

from my private practice up north, I'll tell ya.


-Where were you up north?
-Santa Barbara.

You wanna see my scar?

Yeah.

You can't lock me up without due process.

L.A. is under siege. We're doing you a favor by locking you up.

[crowd shouting]

[siren wailing in distance]

WOMAN: Stop it!

I found it. My passport.

When the going gets tough, smart guys leave the country.

How can I ever repay you?

Cashier's check, in full.

[monitor beeping]

Mom?

[latch clicking]


-Frank.
-Morales.

As a prisoners rights advocate,

I hear a lot of guys claim they're innocent.

Thirty
-three years and two months.

I loved the woman. I didn't k*ll her.

That's why I'm here.

I have a signed confession

by someone who agrees with you.

Name's Phillip Tice.

Why is he coming forward now?

Mr. Tice is dying of stomach cancer

and afraid of burning in hell.

[chuckles]

I'm living in it.

So when do I get out?

Courts are skeptical of third
-party confessions.

Before I could do anything, I need to ask to take a polygraph


-to see if he's real.
-For real?

I've been in this pit half my life

riding a beef for a crime I didn't commit.

That's real.

Well, it's your call.

If you wanna pursue this, I'll handle the case.

I was years old when that son of a bitch put me away.

Prosecutor in the D.A.'s office.

Smug, cocky,

phony New England accent.

I'll never forget him.

Leland McKenzie.

♪♪♪♪ [theme]

Next up,People v. Brackman.


-Weren't the looting charges dropped?
-Yes.

But a pesky disturbing the peace charge remains.

One officer used an illegal chokehold

while escorting me to the paddy wagon.

I expressed my outrage verbally.

The elbow was an accident.

Douglas, maybe you should pay the fine and be done with it.

DOUGLAS: The city attorney is stopping by this afternoon.

And since I have an eye witness,

he'll be forced to drop the charges.

Would you mind if I observed? I'd like to see the process.

Bring a notebook. It should prove educational.

Moving on.Osgood v. The State of California.

That's my pro bono case. Leland, I still need to speak with you about this one.

In my office right after this meeting.


-I'll be there.
-And since we're on the subject of pro bono work,

I'd like to congratulate you all

on your commitment to rebuilding Los Angeles.

While we're busy patting ourselves on the back,

let me reiterate yesterday's message.

McKenzie Brackman numbers are at their lowest level in years.

We're losing out to our competition.

It doesn't take / vision to know we may not land on our feet.

If things don't turn around
-
-

This is probably a lousy time

to be interviewing at the D.A.'s office.

DOUGLAS: You bet it is.

Just to be close to Zoey?

Oh, come on, Ann, it's bigger than that.

And this is no secret. I've given it a lot of thought.

This makes our loss in our tax and domestic litigation areas seem inconsequential.

If that is a not so thinly veiled comment

about my husband's job, you will be glad to know

that he is coming home today.


-Good news.
-Stuart, like myself,

was a victim of events beyond his control.

Mr. Arnold Becker's disappearance, on the other hand,

I mean, who's kidding whom? Five months?

And nothing but a series of cryptic postcards from around the world?


-It is puzzling.
- DOUGLAS: Puzzling? It's downright irresponsible.

The man is a partner in this firm.

He owes it to us to be present and holding his own.

There's my witness.

LELAND: Before we adjourn,

serious weight should be given to Douglas's comments.

The future of McKenzie Brackman is in serious jeopardy.

In the upcoming weeks, I would like you all to consider

whether or not we have a future.

My apartment's just across the street from the liquor store.

Convenient if I need a little créme de menthe.

Yes, right.

Miss Hennepin, how much of my arrest did you actually witness?

Oh, beginning to end. Totally uncalled for.

That policeman used excessive force.

And would you be willing to testify to that effect at my trial?


-Oh, goodness, yes.
-[sighs]

Miss Hennepin
-
- Mary? You're a dream come true.

I'll have my assistant come in to take a statement.


-Shouldn't we discuss the remuneration?
-Excuse me?

Well, there'll be certain out
-of
-pocket expenses:

eating lunch, taking a bus.

Oh, of course, and remunerated you shall be.

Not to mention the value of my time.

[receiver clatters]

Exactly what dollar sum did you have in mind?


-Oh, I don't know.
-Ballpark it.


-An even grand.
-A thousand dollars?

I've seen the car you drive, you can afford it.

Madam, I will not participate in bribery.

Eight hundred?


-[door opens]
-You'll not get a penny from me.


-Seven hundred.
-Not one red cent.

Five hundred. Take it or leave it.

What kind of a sucker do you think I am?

First class.

[door slams]

BENNY: Roxanne.


-Another postcard from Arnie.
-Oh, good.


-Where are the Seychelles?
-Down by the seashore.

Oh, the Seychelle Islands.

They're of the east coast of Africa.

Oh. Is Arnie ever coming back?


-I hope so.
-Me too.

Um, can I keep this one?


-It's my favorite?
-Why's that?

Nudie.

Phillip Tice aced his polygraph.

[chuckles]

Well, nothing in this confession

convinces me he's telling the truth.

One thing is certain. This statement isn't worth the paper it's printed on.

Tice can recant anytime,

and there'd be no evidence to prosecute him for this m*rder.

I've gone over the court transcripts,

you had no direct evidence.

Your case against Osgood was circumstantial.

This was my first capital case.

I was damn careful.

I did my job.

In any event, this is a conflict of interest for you.


-You'll have to drop it.
-Given the time that's past,

the D.A. is willing to waive the conflict

on the condition we agree in writing not to discuss the case.

If I refuse, I look like I'm stonewalling to protect myself.


-Is that the idea?
-Leland, it's possible

the man you convicted is innocent.

♪♪♪♪

[door opens]

Zoey?

Welcome back.

I guess I forgot to ask someone to water this.

The last time you left, they wheeled you out on a stretcher.

Probably had other things on your mind.

It's strange. This is the Meacham file,

right where I left it,

like I haven't been gone at all.

Did they paint?

I don't remember the office being so dark.


-Zoey, I wanna talk
-
-
-[knock on door]

You're early for our interview.

I just thought I'd stop by and see how Zo's doing.

Well, I'll see you in my office.

You okay?

[nervous chuckle] I don't know.

I thought I'd feel different... more comfortable.

Maybe I've been too hard on you to get back.

But, you know, if you're not ready, you're not ready.

I don't wanna push.

You can tell me to shut up anytime you want.

Shut up.

You sure you don't want to move in together?


-[chuckles]
-And if I take this job here
-
-


-Would you get out?
-...working side by side, sleeping side by side.


-We can get a bed that converts into a partners desk.
-Out! Go!


-I'm leaving. I'm gone.
-[laughing]

Because Jonathan Rollins lives miles and a world apart

from the district he pretends to represent.

Now, come November, we have a chance to change that.

Same to you, Ellis.

Why can't you write a speech like that?

Instead you give me this:

"Racism is like a virus, emerging when the resilience

of the body politic is lured by economic disparity."

It's a good metaphor.

We can't categorize the riots as a race issue.

What
-
- What does that say?

That's one line about underclass versus middle class.

It's all skewed very black.

I don't want to alienate the Latinos and Koreans.

They were all equally affected by the riots.

Geoff? Your stake... fix it.

[intercom beeps]

Yeah.

No, I can't make it that early.


-[door closes]
-Okay.

The latest numbers you're tracking way down

with the over
- set.

Ellis has pulled within eight points.

You need the endorsement of Councilman Cooke desperately.

Councilman Cooke's been a force in South Central for years.

He throws a lot of weight.

He carries a lot of water.

I don't know, Terry. The man makes me crazy.

Jonathan, this isn't personal. This is business.

You're hemorrhaging in the poles.

An endorsement from Councilman Cooke could stop that.

I'll go see him.

Well, aren't you required to report solicitation of a bribe?

Why? So an investigation can be opened

and more of this firm's valuable time squandered?


-No, thank you.
-It would be an impropriety.

I'll take my chances. Pay attention. You're in for a treat.

City Attorney Dana Romney?

That's me. And you're Douglas Brackman,

violation.


-Let me introduce
-
-
-Gwen Taylor?

I used to see you hovering around theLaw Reviewoffice.

Always thought you had great legs.

Thanks. You went to Loyola.


-Just graduated.
-How long you been with the city attorney's office?

This is my first case. They gave it to me 'cause it's a slam dunk.

Pop! [chuckles]

Young man, pardon me. Pardon you?

Wish I could. [chuckles]

I would hardly call my case a slam dunk,

I was falsely arrested while headed fro my wedding.

Hmm. I have a gold shield cop

with no history of force

who says you, uh, used profanity,


-spit in his face
-
-
-I was exercising my right to free speech,

is that why you're persecuting me?

While % of looting related charges have been dropped?

Police don't want yours dropped. [clicks tongue]


-[chuckles]
-[papers drop]

I'll tell ya what, Brackman.

Thanksgiving's just around the corner, right?

Now, you already spent time in the slam.

I'll recommend the judge give you time served

if you plead guilty.

I'd rather be vivisected with a rusty church key.

Now, you listen to me, junior.

You're talking with an experienced litigator.

If you want to avoid embarrassing yourself in court,

I suggest you drop the charges.

Mr. Brackman, I've waited years to say this.

I'll see you in court.

[laughs] Let's grab a drink sometime.


-The hell she will
-
-
-Well, I
-
-

[electric motor whirring]


-Stuart?
-STUART: Hi.

What are you doing?

I'm looking at the wires and gears.

They make the bed move. See?


-[controller clicks]
-[motor whirrs]

Stuart, the car's parked out front.

Let's finish packing your suitcase.


-Are you taking me home?
-Uh
-huh.

Remember, we talked about this.

I don't want to finish packing right now.


-[footsteps approaching]
-MAN: Anne?

Hello, Stuart.

I'm busy.

Whenever Stuart feels threatened or scared,

the pattern's the same:

regression, inappropriate even childish behavior.

I thought his recovery would be quicker.

He bounced back so fast after his heart att*ck.

Don't underestimate Stuart's return.

His blood clotting's under control.

Latest MRI shows no new swelling

in the medial temporal lobe,

where your husband suffered the most brain damage.

But he's so unpredictable.

One minute, he makes complete sense,

the next, gibberish.

And the mood swings and periods of sadness.

The area in Stuart's brain that's been affected

has to do with the storage of information.

Now, full or even partial recovery could take months.

We don't know how much tissue was actually damaged

when he was beaten.

You know, I've been a neurologist half my life.

I've seen miraculous recoveries.

Or he could stay this way forever.

Have patience, Ann.

Try again.

[sighs]

Felicia Holiday lived in the upstairs apt.

She had borrowed bucks from me

and never paid me back, so I went to collect.

This would be February , ,


-the night of the m*rder.
-TICE: That's right.

She claimed that she was broke,

So I suggested an alternative method

for settling the debt.

How?

Oral sex.

Uh, Felicia told me to leave,

but I wasn't about to leave until I got paid back

one way or another.

Well, I started to kiss her,

and, uh, she grabbed a pair of scissors.

That's when I went for her throat.

She was wearing a big necklace, and I started to twist it

to make her drop the scissors,

but she wouldn't let go.

I didn't mean to k*ll her.

Mr. Tice, the police never found that necklace

you claim to have used to strangle Felicia Holiday.


-Can you describe it?
-It was a thick silver chain

with a cluster of heavy metal hearts on the front.

I dropped the necklace down a sewer grate.

I was worried about my fingerprints.

Your Honor, I'd like to offer into evidence

the affidavit of Felicia Holiday's mother taken last week,

confirming the victim owned a necklace matching

the description given by Mr. Tice.

It was a family heirloom,

missing from the victim's effects after her death.


-Any objection?
-No.

Additionally, it is stipulated that none of the documents

filed in connection with Miss Holiday's death

contain any mention of this necklace.

What's more, the width of the necklace,

as described by the witness,

conforms to the bruise on the victim's neck.


-So stipulated.
-Mr. Tice,

what prompts you to confess at this time?

My doctor says I have less than a year to live.

Stomach cancer.

That made me take a hard look at my choices.

My mistakes.

I know I can't give Frank Osgood back

the last years,

but I want him to have his freedom for whatever time he has got left.

Thank you.

Nothing further.

JUDGE: Court will take a brief recess.

That seemed pretty fast up there.

Well, like I told you, Frank, it's an uphill push.

Your first trial, you were presumed innocent.

This time, it's the other way around.

JONATHAN: Then my coming to see you is beside the point?

I have been approached by your opponent, Mr. Ellis.

but I haven't promised him my endorsement,

if that's what you mean.

Then you'll still consider endorsing me.

Despite our past differences.

But I need your support in return.

I've been impressed by your leadership,

Enabling merchants to rebuild faster.

Best way for this community to recover it's dignity

is to continue mobilizing the clean
-up efforts,

open stores, help to get people working again.

That's true. However, you've excluded certain businesses.

Liquor outlets, for instance.

I believe we should encourage owners to redirect their efforts


-in a more positive way.
-Of course.

But I assume, if I gave you my endorsement,

you'd help me protect those store owners

who want to open their doors again.

When I took this office, I promised myself

I would act according to my conscience.

But constituents don't give a damn about your conscience, they want your help.

By discriminating against liquor stores b*rned during the riots,

don't you think you're punishing those merchants twice?

Rethink your position on this.

Something to consider.

All rise. Case number ,

People v. Brackman,

the Honorable Janice L. Neiman presiding.

Be seated.

Mr. Romney, present your first witness.

The people call Mary Hennepin to the stand.

You've got to be kidding.

DOUGLAS: Your Honor, move to find Mary Hennepin an unfit witness.

JUDGE: On what grounds, Counselor?

Yesterday, this woman solicited a bribe

in return for testifying on behalf.

Did a conversation take place between you and Mr. Brackman?

Yes. He invited me to his office

and tried to bribe me.


-Liar.
-Mr. Brackman.

Go on, please.

Well, he offered to pay me $,

to change my story and testify for him.


-Liar!
-JUDGE: Counselor!

As an officer of the court,

you are obligated to report such things

to the city attorney immediately.

Your Honor, may I address the court?

I'm Gwen Taylor, Mr. Brackman's intern.

I can attest to his version of the alleged bribe.


-Alleged?
-Mr. Brackman, I'm denying your motion.

Miss Hennepin may testify.

Maybe then we'll get to the bottom of this.

Your Honor, in that case, I request a recess

so I can prepare to question the witness.

[sighs] We'll reconvene tomorrow morning.

Court's adjourned.


-Wow.
-[lock clicks]

This is our home?

Yours, mine and the bank's.

[chuckles]

Come on in.

We live here with our son.

I forgot his name again.


-Matthew.
-Right.

Why can't I remember that? It's a nice name. Matthew.

Matthew, Matthew, Matthew.

I like the color of the walls.

[chuckles] You hated this color.

We had a huge argument at the paint store.

Oh, right.

It's me.

Who are these people?

That's Matthew, and that's your daughter Sara.

She's away at school.

And that's me.

I know you.


-I'm your wife.
-I know.

Where was it taken?

Uh, that's our backyard.

That was my birthday party.


-Happy birthday.
-Thank you.

Stuart?

Do you really know that I'm your wife?

Yeah.

Welcome home.

Mr. Tice, what's your relationship with Mr. Osgood?

We were neighbors when he lived with Felicia.

That isn't the only time they were neighbors, was it?

I'm referring to your fraud conviction.

You served nine months in Lompoc.

I was in for eight months.

You and Mr. Osgood labored on the same work detail, didn't you?

We hardly spoke, and we never talked about Felicia.

Yet the only proof you offer to back up your confession

is the description of a necklace

which may or not be the m*rder w*apon.

Is the reason you're able to describe this necklace

because Frank Osgood described it to you?


-Objection. Asked and answered.
-Sustained.

Are you expecting the court to believe

that you worked alongside an old neighbor and never
-
-

I avoided Frank Osgood.

And if he remembered me, he never showed it.

Your illness must be saddling your family

with a sizeable debt.

Has Mr. Osgood offered to help you financially if you help him?

Objection. Assuming fact not in evidence.

I'll allow it.

Osgood never offered me a thing.

Mr. Tice, when you were on trial for fraud,

did you ever lie under oath?

Yes, but I'm telling the truth now.

I k*lled Felicia Holiday.

I swear on my life.

That's not saying a lot, Mr. Tice.


-DANIEL: Objection.
-Withdrawn. Nothing further.

[sighs]


-[knock on door]
-Yep.


-Settling in?
-[sighs]

Ruby, I want more to do than just write appellate briefs.

I thought you should start back slowly.

Well, I appreciate your concern,

but I want a full caseload, not the victim's discount.

[chuckles] Okay.

The asset forfeiture unit is bogged down.

I'll send you the files.

Good.

Zoey...

I want you to know that I do feel

somewhat responsible for what happened.

You were in a vulnerable place during the Meacham trial.

Ruby, you and I both know you advised me

to perjure myself.

But the decision was mine.

You're not responsible for what I said on the witness stand.

I'm not blaming you because I got sh*t.

Then we'll be able to get past this.

We have to, don't we?

♪♪

[door closes]

♪♪

Good morning.


-Hey, Tom. Got a moment?
-Sure, Leland. What's up?

How was your interview?

It was good. I think.


-Thanks for asking.
-[chuckles]

And Leland, I know that we're shorthanded around here.

I'm just...

I'm still feeling restless.

I wonder what it might be like working at the D.A.'s office, you know?

Truth and justice and the American way.

Well, for what it's worth, lately I empathize with your restlessness.


-Tom.
-Hey.

Leland, I'm glad I caught you.

What is it, Daniel? I'm late.

Tomorrow, I'm calling you as a witness.

What exactly do you hope to accomplish putting me on the stand?

Questions have cropped up about how you prosecuted the case.


-What questions?
-I can't discuss the details with you.

If you'd like, speak to the prosecutor. I've already apprised her.

I'm sorry.

♪♪

Mr. Osgood, where were you the night Felicia Holiday was k*lled?

Alone in my Pico efficiency,

blitzed out of my brain.

I was a wreck.

Felicia and I had stopped seeing each other

a few weeks before, and
-
-

And you still had feelings for her.

She was the only woman I ever loved.

Of course, in prison, my opportunities have been limited.

[crowd murmuring]

At any time, did you discuss Felicia's m*rder with Mr. Tice?

No, I barely remember him at the apartments.

Not at all at Lompoc.

And Mr. Osgood, over the years since your arrest,

have you steadfastly maintained your innocence.

At the time, the D. A. offered seven years

if I'd plead to manslaughter, but I wouldn't take it.

Two years ago, the parole board said they wouldn't let me out

because I wouldn't show remorse.

I can't show remorse for something I didn't do.

Thank you.

Mr. Osgood, you had a history of physically abusing Felicia Holiday.

In fact, three months before she was m*rder*d,

you were arrested for assaulting her, weren't you?


-She called the cops, yeah.
-Isn't it true you said

to the arresting officer, "I'll k*ll her for this"?


-Yeah, but I never meant
-
-
-And weren't you identified by two eyewitnesses

as the man they saw running from Miss Holiday's apartment

the night she was m*rder*d?

They were mistaken.

Thank you. Nothing further.

[crowd murmuring]

Oh, it was horrible. The police were risking their lives

while this man screamed threats and obscenities.

Oh, the officers tried reasoning,

but he just kept taunting them.

ROMNEY: And is the man you saw presently in our midst?


-Presently in our midst?
-That's the man!


-Mm
-hmm.
-Let the record show

Miss Hennepin has identified the defendant, Douglas P. Brackman.

Thank you, Miss ma'am. Your witness.

Watch this.

Miss Hennepin...

had you been drinking on the night in question?

I don't drink.

Not even a little créme de menthe now and then?


-Objection. Leading the witness.
-JUDGE: Witness will answer.

I hadn't sipped any that night.

How many people were in the parking lot

during the arrest?

Twenty, maybe thirty.


-You're not sure?
-Objection. Irrelevant.


-Overruled.
-Twenty
-five people.

And you're absolutely certain it was me you saw

among that crowd at dusk from across the street?


-Objection! Badgering!
-Oh, shut up!

Counselors, that's enough!

Miss Hennepin, if you would answer that question, please.

It was Mr. Brackman I saw.


-His bald head was shining like a beacon.
-[crowd chuckles]

Uh, Your Honor, it's time for my medication. May I?

Your Honor, this is an obvious ploy to gain sympathy.

Ma'am, you go right ahead.

[giggles] Oh.

Miss Hennepin, were you taking medication

on the night in question?

Yes. Premidol.

For what ailment, may I ask?

Change of life.

Isn't true that the menopausal condition can cause hot flashes,

wild mood swings, irrational outbursts,

symptoms that can distort a woman's perception?

Objection. Speculation.

You're also insulting half the population Mr. Brackman.

I use the same prescription.

And believe it or not, I experience

neither irrational outbursts nor misperceptions.

Your Honor, I meant no disrespect.

Mr. Brackman, any further legitimate questions for the witness?


-Okay, run that by me again.
-I'm having Geoffrey write my proposal.

I'm taking out the sanctions against the liquor stores.

That's not gonna look good. There's a lot of resistance from community leaders
-
-

I need Cooke's report. You said that yourself.

[reporters shouting questions]

How do you feel about the latest polls?

[shouting continues]

I'd like to make a brief statement before answering any questions.

I'm here to tell you that South Central is growing strong again.

You know, not far across town, there are vacant lots,

scars not from our most recent unrest,

but from the Watts riots.

nearly three decades ago.

I will not allow this neglect to continue.

It's a waste, it is a shame, and it is going to have to stop.

Rumor has it you've changed your stand on the licensing stores.

Many small business rely on alcohol sales to maintain their profit margin,

thereby allowing them to sell milk and bread at a reasonable cost.

Are you surprised by Councilman Cooke's endorsement?


-Should I be?
-Now that he's supporting Ellis,

do you consider yourself the underdog?


-[camera shutters clicking]
-The councilman's endorsement

is his business.

Look, I'm not here to maintain the status quo.

We need to shake things up. We need to wake up.

[all shouting]

Who are you? How did you get in here?

Jane Sengstack. I saw your name on the door.


-It wasn't locked.
-What can I do for you?

The woman in Mrs. Thomas's office said I should see you

about my asset forfeiture case.

Why are you prosecuting me?

I'm not a drug dealer.

My son Michael made a terrible mistake,

I'm not saying that he shouldn't be held accountable.

But I wasn't charged with a crime.

How can you take away my home?

Mrs. Sengstack, if dr*gs were found on your property,

we can seize your house, that's the law.

But I didn't know. He must have been doing this

after school before I got home from work.

According to this affidavit, an informant said you were present.

According to this affidavit and that report and this informant
-
-

Take your nose out of that file and listen!

Mrs. Sengstak, you should really talk with your lawyer.

I spent years paying the mortgage.

Most of my money is in that house.


-I'm sorry.
-I drive an ' Civic with a bad clutch.

and ever since you took away my home,

me and my eight
-year
-old have been living in it.

[vacuum whirring in distance]


-Ann?
-[whirring stops]

Ann!


-What is it, Stuart?
-How does this work?


-How does what work?
-This.

That's Chinese checkers.

Doesn't work like the checkers I had at the hospital.


-[sighs]
-[phone rings]

Don't let him put any marbles in his mouth.

[ringing continues]


-What's your name?
-Matthew.

Right. Sorry.

Daddy.

Mommy! Mommy!


-[footsteps departing]
-[marbles clacking]

Mr. McKenzie, in ,

as deputy district attorney,

you successfully prosecuted Frank Osgood

for the m*rder of Felicia Holiday.


-Is that correct?
-Yes.

This note was found in your files

on the Holiday investigation.

Do you recognize the handwriting?


-It appears to be my own.
-For the record,

the note is dated September , ,

one month before Frank Osgood's m*rder trial.

Would you please read the note aloud?

": p.m.
-
- Call from Frank Yates, probation officer.

"Prisoner in custody claims he saw man leave Holiday apartment

"on night of m*rder.

Not Osgood."

And below is the single word "unreliable."

It's underlined twice.

Did you tell Mr. Osgood's lawyer

about this potential eyewitness?

As I recall, the probation officer

who passed this information on to me

cautioned that the prisoner had not been credible

in the past as underscored here.

Is it possible you determined the informant was unreliable

and dependent on the probation officer's assessment?

Well, that conversation took place over years ago.

To the best of my recollection, I was told...

the informant was unreliable.

Did you make any attempt whatsoever to track down this witness?


-No.
-And by not giving

this information to Mr. Osgood's attorney,

didn't you deprive him of the chance to seek out this witness?

It's true I didn't pass it on,

but otherwise I have no idea.

Isn't it possible if someone had tracked down this witness, now lost forever,

he might have identified Phillip Tice as the man

seen running from Felicia Holiday's apartment?

I suppose it's within the realm of possibility.

Thank you.

Your witness.

Mr. McKenzie, in ,

when you were a prosecutor,

The rules governing disclosure of evidence

were less rigid than today, correct?


-That's correct.
-You had no legal obligation

to turn over information that appeared unreliable, did you?

No. And rumors from a prisoner attempting

to barter early release are hardly convincing,

particularly when that prisoner has a history


-of being unreliable.
-Nothing more.

Redirect.

The legal obligation aside...

didn't you have a moral obligation

to turn over evidence suggesting Mr. Osgood might be innocent?

Objection. Irrelevant.

Overruled. I'd like Mr. McKenzie to answer.

Didn't you have a moral obligation

to tell Mr. Osgood's lawyer about this third witness?

Perhaps.

[crowd murmuring]


-That's good.
-We'll make it, all right.


-You son of a bitch.
-I'll catch you later.

You set me up. You never had any intention of giving me your endorsement.


-[elevator bell chimes]
-[doors open]

I considered supporting you.

But I decided the th District would be better served by Ellis.

Why?

Honestly?

You grew up in privilege
-
- UCLA, Harvard.

Now, what does the editor of theLaw Review

know about the streets of South Central.

Ellis fought his way up. He knows their problems firsthand.

He's someone I can work with, find practical solutions.

[doors open]

Just give us a minute, please.

I'd love to know what kind of deal you offered Ellis.

Oh, don't be so sanctimonious.

You were pretty quick to make a deal yourself.


-So you don't think I'm the best man.
-It's not about who's best.

It's about getting into office.

Frankly, I don't think you're going to win.

Excuse me.

In the matter of The People v. Douglas Brackman,

violation of Penal Code , disturbing the peace,

I find the defendant guilty as charged.

Yes!

Oh, Your Honor,

the people ask that Mr. Brackman receive the maximum sentence

of days in the county jail.

Over my dead body! Your Honor, I protest!

Protest all you want, Mr. Brackman.

Your conduct when placed under arrest was disgraceful.

As an officer of this court,

you're expected to set an example.

by showing respect for law enforcement.

And since you failed to do so, I'm making an example out of you.

Sentencing will be Monday. Bailiff, take Mr. Brackman into custody.

Hurry back to the office. Get Leland on top of this.

And Mullaney. For God's sakes, get Benny! Anyone!

Gwen. Gwen, come meet my folks.

[g*nf*re on TV]

[TV continues]

[volume increases]

[g*nf*re continues]

Hello?

[Native Americans whooping on TV]

Hello?

Hello?


-[phone receiver clatters]
-[grunts]

[dial tone sounds]

[TV continues]

[g*nf*re, whooping continue]


-[tone beeping]
-[receiver clatters]

[TV blaring]

Mom?

Mom?

Mom?


-[TV off]
-Stuart?

[tone beeping]


-Sweetheart?
-[receiver clatters]

Stuart?

[crying]

It's okay, Stuart.

Everything's gonna be all right.

I promise.

[crying continues]

BAILIFF: We will all come to order.

Be seated.

Although I'm unable to dismiss Mr. Tice's confession entirely,

it comes surrounded by doubts unsupported by physical proof,

so that it's impossible to believe with any degree of certainty.

Therefore, the petitioner's request for a new trial is denied.

[crowd murmuring]

He's innocent! Damn it!


-How can you do this?
-JUDGE: Mr. Tice, sit down.


-Phillip, don't do this.
-For God's sake, I k*lled her!


-Get control of your witness.
-I confessed!

What more do you want me to do?

JUDGE: Bailiff, remove him!

TICE: This isn't fair!

One innocent person has d*ed already!

Isn't that enough?

The man is innocent!

♪♪

I found this in your bottom drawer.

I hope you don't mind.

It's a gift from my ex.

Hmm.

So how bad do you think Cooke's hurting?

Latest polls say you and Ellis are in a dead heat.

Sorry about your losing the endorsement.

But how was my speech?

Did the Reaganomics joke
-
- Did it get a laugh?

I didn't use it.


-Why not?
-Jeff?

Don't let the door hit you in the ass.

Jonathan, just because you got sandbagged

doesn't mean you have to give up the good fight.

If you want, I can have Jeff do some opposition research.

Euphuism for digging up dirt.

Ellis has momentum. We have to drop him in his tracks.

That means change our tactics.

Go on the offense.

Mm
-mmm. No, no.

Do you wanna win, or do you wanna lose?

All right. Let's go after Ellis.

See what Geoff can come up with.

Hey there, Benny.

We got another postcard from Arnie.

Roxanne, another postcard from Arnie.

You know, going to find yourself is one thing,

but if Arnie doesn't get back, he's going to find himself unemployed.

[whispers] Jesus.

Close.


-Arnie?
-Hiya, Rox.


-[chuckles]
-Oh!

Benny. Beno.

[chuckling]


-It really is you.
-You've lost weight.

Yeah, I started a macro diet in the Western Antilles.

Five months, guys, traveling the globe, I saw it all.

The Brazilian rainforest,

the Himalaya mountains,

the Sahara desert.

I've always wanted to visit Egypt.

The pyramids, the Sphinx.


-What was it like?
-A little too much chlorine in the pool at the Cairo Hilton.

But, Rox, you would have loved the spa at the [indistinct].

You never left the hotels?

Didn't five months away teach you anything?

No.

[laughing] Of course I left the hotels.

This is a new dawn, a new day, a new me.


-I've heard this before.
-Oh, you wait and see, Rox.

I've changed.

By the way, have you been starting my car?

After two weeks, I disconnected the battery.

Rox, you know that screws up the alarm.

[moans]

[sighs]

So I am looking at this woman.

And I think she's telling me the truth.

But a sworn affidavit says

that she knew her son was selling cocaine in the house,

that she might even be selling coke herself.

Let the jury decide who's telling the truth.

She's living in her car, Tommy.

All I'm saying is that maybe

my time is better served going after serious criminals,

instead of single mothers or small
-time dealers.


-Talk to Ruby, convince her.
-Right.

And reaffirm her suspicions that I've gone soft?

That I can't handle this anymore? Ow. Ow!


-Yeah, you have gone soft.
-I don't know.

Maybe I've been avoiding going back because I don't wanna go back.

[sighs] I mean, why should I?

Upholding the law, remember? Getting the bad guys?

Thank you, corporate lawyer.

All your rah
-rahing moving into the D.A.'s office,

hop on over.

Next week soon enough?


-Are you serious?
-Yeah.

But I'm feeling kind of bad about jumping ship.

Looks like McKenzie Brackman is unraveling.


-It's not your problem.
-In that case, I feel great.

[laughing]


-I'm so happy for you.
-Yeah.

I'm happy for me too.

I'm getting happier.

Car won't start?


-I owe you an apology.
-Me first.

You heard the judge.

He found your non
-disclosure of a witness acceptable.

Given the code in .

To dismiss a possible witness

without even talking to him is arrogant.

A hotshot working in the D.A.'s office

about to make his career.

Leland, you believed in your case,

fought hard for a conviction.

At worst, you made an error in judgment.

This case launched my career,

put me in private practice.

And the thought that my error may have cost

a man a life of freedom

is almost too staggering to bear.

Good night, Daniel.

[engine starts]

♪♪

♪♪ [theme]
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