08x08 - Eli's Gumming
Posted: 12/20/23 12:42
Previously on "L.A. Law"...
I could do it.
Sidney and Charlie get along without me.
I could go back there, wrap up whatever I need to wrap up
in a matter of days.
Yeah, so?
Audrey and I are an on again, off again kind of thing.
That wouldn't prevent me from moving.
Well, it sounds like nothing's stopping ya.
And you're comfortable dealing with California law?
I dealt with it when I was handling divorces in New York.
Plus, I'll be taking the California bar exam soon,
so I'm boning up on it.
I'm sure people tell you all the time
how you don't look like a private investigator.
Yes, they do.
Figured they did.
Is that something you were planning on saying?
Me? No.
My God.
What kind of car is this?
It's a Ferrari.
You're not an overly fast driver by any chance, are you?
-Mr. Emmerich? -Yes.
I'm Leland McKenzie.
Oh, well, I had hoped to consult with Daniel Morales.
But I'm told he's in absentia.
That's correct, Daniel's in court this morning.
I assigned him to a trial that's consuming more time
than expected.
You may or may not be aware
that Mr. Morales is defending me in a lawsuit
which although frivolous nonetheless could prove
injurious to my reputation.
I'm very aware of your case, Mr. Emmerich.
In fact, I'd like to handle your depositions myself.
Assuming you're amenable.
I'm completely amenable.
Well, good. Good.
I have a brief staff meeting to go to,
after which we can consult as long as you like.
And then proceed from there.
Oh, uh, Denise?
Would you show Mr. Emmerich to my office, please.
Sure. Right this way.
A little hectic in here today.
Can I get you a cup of coffee or something to drink?
You're from Queens.
Yeah, how did you know?
-Your elongated diphthongs. -Excuse me?
Your accent, my dear.
Who are you, Henry Higgins?
Well, you might say that I'm his modern equivalent.
I help people develop their vocal instruments
to communicate more effectively
and accent elimination is one of my specialties.
So why you telling me?
I mean no offense,
but surely you must be aware of the social stigmas
that attach to certain proletarian dialects?
Such stigmas can inhibit ones
personal and career opportunities.
I can virtually promise you that after one quick lesson,
you will speak with more clarity and presence
than you ever dreamed possible.
Hmm.
Everett vs. Everett.
Another divorce. Mr. Everett is accusing Mrs. Everett
of cheating on him with his business partner.
How is that relevant?
It's my job to make it relevant.
Towards that ends I'll be using Jinx Baldisari.
One surveillance photo is worth a thousand words.
Eli, you're taking the bar exam tomorrow.
-That's right. -LELAND: Good luck, Eli.
Why are you even here?
Shouldn't you be locked away somewhere?
You're right, I should be. You're right.
I just thought I'd check in with all of you
before walling myself off for the final push.
Now that I've done that, I will see you when it's over.
Good luck.
Pencava vs. Emmerich.
That's mine.
I thought this was Daniel Morales's matter.
Daniel is in the middle of a trial.
Rather than let a client be short changed by
our oversight in delegation,
I decided to take the case myself.
Then let's hear.
We represent Arthur Emmerich, a voice therapist.
He's being sued by a former client.
The man claims that his voice did not improve
after taking Mr. Emmerich's speech course.
He's suing for fraud, breach of contract.
You'll forgive me, Leland, I wish you all the best of luck
representing this client, but I've seen his ads.
I think this guy's a con-man.
In what respect?
Well, I think he might oversell the importance of one's voice
just a tad.
I can't imagine that it really makes that much difference
how you sound.
[speaking without accent] Excuse me, Arnold,
Jinx Baldisari is waiting to see you in your office.
Are you available to see her now or shall I tell her you're detained?
[Queens accent] What?
♪♪ [theme]
♪♪
Miss Hagan, have you ever let someone tie you up for money?
Objection, there's no allegation
she was tied up in the present case.
Sustained.
Have you ever participated in sex
with more than one person at a time for money?
Objection, there's no allegation of group sex in the present case.
Sustained.
Have you ever participated in bestiality for--
-Mr. Di Stefano, come on. -Come on.
Your Honor, I think it's perfectly relevant to establish
to what lengths this woman will go for money.
I'm holding otherwise.
Next question.
Excuse me, I have a question.
Is it all right if I ask a question?
Certainly.
I still don't really understand this whole hearing thing.
I thought you couldn't ask a r*pe victim about her past.
Normally, that's true, Miss Hagan.
That's why we have these section hearings
away from the jury.
Mr. Di Stefano persuaded me that certain elements
of your past sexual behavior could be relevant.
He questions you here, then I decide what he can
and cannot ask you again in front of the jury.
And this is all because I'm a prost*tute, right?
In part, yes.
Sex is your profession.
The way in which you conduct that profession
could be relevant.
[sighs]
Okay.
Do you have any other questions, Mr. Di Stefano?
Just a few.
Miss Hagan, have you ever simulated r*pe for money?
Yes.
Did you enjoy simulating r*pe for money?
I'm not going to allow that one, Mr. Di Stefano. Move on.
Isn't enacting r*pe fantasies one of your specialties?
Not going to allow that one, either.
Have you ever participated in rough sex for money?
What do you mean by rough?
Have you ever let someone hit you for money?
I haven't let someone hit me, no.
But you have been hit during sex?
Once or twice, yeah.
Did you prosecute for r*pe?
No.
I think that's it, Your Honor.
Thank you for your cooperation, Miss Hagan.
I can give you my decision now.
With all due respect, Your Honor,
isn't the court going to take some time to deliberate?
No, Mr. Di Stefano, the court is not going to take some time to deliberate.
The court is ready to render a decision now.
I'll allow the question about simulated r*pe
and the questions about rough sex.
-That's it? -That's it.
Judge Walker, with all due respect,
I believe that the questions you permitted
won't make any sense to the jury without the questions you've excluded.
If I could just have some time to brief the issue...
I don't think that'll be very helpful, Mr. Di Stefano.
I made a decision.
I told you what it is.
Thank you.
So if I understand this procedure correctly,
you'll be asking me questions, is that right, Mr. McKenzie?
That's right, Mr. Pencava.
As soon as your lawyer gets here, we can begin.
Oh, he's not coming.
Why not?
I couldn't get him to answer my phone calls,
so I fired him.
Well, did you try employing the telephone voice that we worked on?
Why would I? It was just as ineffective
as all the other gibberish you taught me.
Do you understand your disadvantage here?
Proceeding without an attorney?
I don't view it as a disadvantage, Mr. McKenzie.
I believe I'm fully capable of representing myself competently.
And that's just what I intend to do.
Let the record reflect Mr. Pencava
opted to proceed pro se.
Mr. Pencava, what led you to enroll
in Mr. Emmerich's Vocal Academy?
Well, at the risk of stating the obvious,
I wanted to change my voice.
I take it you were dissatisfied with some aspect of your voice?
I was dissatisfied with every aspect of my voice.
Mr. McKenzie, all my life I've been mimicked,
ridiculed, and dismissed.
Well, I'm years old, and I'm sick of it.
I'm sick of calls going unreturned,
of being ignored by waitresses and taxi drivers.
And I'm sick of the smirks on people's faces
every time I open my mouth.
Mr. Pencava, when you first met Mr. Emmerich,
what prognosis did he offer?
He said that by the time I got through his vocal academy,
I wouldn't even recognize my voice.
Well, I took every class you offered, Mr. Emmerich,
some of them twice.
And my voice hasn't changed at all.
What more could I have done for you, Francis?
Didn't I spend time after class,
cajoling you to project from your diaphragm?
To feel the tonal currents rising from the abdomen
and through the nasal pharynx?
And where did it get me?
Did it improve my social life like you said it would?
Did my career advance?
I never made any promises.
You did. By implication, you certainly did.
No, Francis, what I said is those are the natural rewards
of improved vocal presence
which you unfortunately were unable to achieve.
And whose fault was that?
Perhaps yours, Mr. Pencava.
Mine?
Yes. Did you complete the required homework assignments.
For example, did you practice your basal glissandos
at home every night?
Yes, I did.
-Your deep throated yodeling? -I do that, too.
Your soft palate vibratos? Your facial calisthenics?
Your epiglottal tongue presses?
I did them all, every single night.
And you want to know why?
Because I believed in you, Mr. Emmerich.
I actually thought you could get me to sound like a regular guy.
But you cheated me.
And you thought you could get away with it.
Well, think again, Mr. Emmerich.
Francis Pencava will not roll over.
Francis Pencava will not go away.
Eli, how's it going?
Great. Just great.
sh**ting through the California civil code.
It's freezing in here.
It is cold, I realize that.
You, uh, want to take a break, get some dinner?
No, I don't think so, but thanks.
-You gotta eat. -Not necessarily.
The combination of hunger and air conditioning has me extremely focused.
Plus, I've been chewing this Japanese coffee gum,
and that's provided a significantly heightened energy level.
Japanese coffee gum,
It's call Kohipato. One stick is the equivalent of ten cups of coffee.
-Want some? -No, thanks.
Perfectly safe. Safe as a cup of coffee.
Safe as ten cups of coffee.
Yeah, I think I'll pass, anyway.
Look, Eli, I think you should definitely get something to eat.
I feel very strongly about this.
What's interesting is that coffee acts as an accelerant to coffee gum.
It's important to maintain a balance.
Coffee gum, gum coffee. Coffee gum, gum coffee.
The combined effect creates a whole that's greater than the sum of its parts.
If you monitor your intake you achieve the greatest level of stimulation.
I think you're pretty stimulated already.
I think maybe you should go home, get some rest.
I'll be leaving here at : A.M.,
I'll be in bed by :.
You've got it all worked out.
I think it's critical to be as precise as possible
in charting your routine while studying for the bar.
As long as I avoid distraction, stay focused,
and keep to the program, everything will be fine.
Well, I'm gonna let you get back to it.
I'll see you tomorrow.
Night, Stuart.
-Hey. -Hey, what are you doing here?
Putting together some surveillance photos for Arnie.
What are you doing here?
Studying for the bar.
Tomorrow's the first day of the exam.
You want some coffee?
I do.
Is there enough left is the problem.
Are you all right?
-What do you mean? -I mean, look at you.
You're sweating, you're shaking.
-I've had a fair amount of caffeine today. -Ah.
I have coffee, I have Kohipato gum.
The caffeine I think is probably acting as a diaphoretic
which is why I'm sweating.
My heart's b*ating pretty fast, too.
My God, this can't be healthy, can it?
Let me feel.
Oh, your heart is b*ating pretty fast.
Here, feel mine.
-Huh. -What?
Your heart's definitely not b*ating as fast as mine.
I think I know a way to catch up.
Are you involved with anyone?
No.
I mean, I came out here alone.
I'm alone, now.
Officially, I'm not involved with anyone.
Glad to hear that.
So, Mr. Emmerich, think you're prepared to withstand
the crucible of my interrogation?
Mr. Pencava, I'm not going to allow my client to answer
any questions that are extraneous to the issues at hand.
In that case, I'd like him to tell me
if he recognizes this.
Ah, yes, that is a print advertisement for my classes.
Exactly.
Read it, Mr. Emmerich.
"Vocal therapist Arthur Emmerich
announces another series of 'Express for Success' seminars."
Stop.
What does that mean, Mr. Emmerich,
"Express for Success"?
It refers to the fact that proper vocal expression
can help one achieve success.
I attended seminars where you taught proper vocal expression.
Did I achieve success?
-No. -Ah-ha!
Please continue reading the ad, Mr. Emmerich.
"The intermediate course teaches basic vocal skills
that will make you more effective in social situations."
Stop.
I took the intermediate course.
Was I more effective in social situations?
I don't see the word guarantee here anywhere.
Admit it, Mr. Emmerich, your classes don't work.
You are a charlatan, a fraud.
Mr. Pencava.
I'll have you know the vast majority of students
respond to my methods, but I'm not a miracle worker.
I can't be expected to fashion a Stradivarius from a kazoo.
That's not the impression you gave me.
Francis, the parameters of our covenant were
that you paid me to instruct you in the vocal sciences.
A service which I rendered in good faith.
But I cannot be held responsible for your inflated expectations.
Well, if you didn't think you could help me,
why did you let me come back again and again and again?
I thought I could help you, Francis.
I thought we were nearing a breakthrough.
I don't believe you.
I think all you were thinking about
is the thousands of dollars I was paying you!
Careful, Francis, I'm hearing that
pinched nasal sound you get when you're straining.
You're trying to intimidate me.
Something you've been rather successful at in the past.
In fact, I think I'll throw in for additional damages
based on emotional distress.
Mr. Pencava, that claim is a frivolous as all the others you've made,
and I must warn you, you could be liable
for court costs and legal fees if you insist on perusing this.
Ah, so that's your strategy, is it?
The big boys with the big voices g*ng up
on the little boys with the little voices.
That's it, I will not subject myself to this any longer.
You want the truth, Francis?
The truth is you have exactly the voice that you deserve.
The voice of a pusillanimous embittered man,
and I cannot bear to listen to it one second longer.
You are the complainant in this action,
is that right, Miss Hagan?
That's right.
And what is your occupation?
I'm a prost*tute.
Are you acquainted with the defendant Rick Turner?
He was a regular customer of mine for about a year.
We had a date at least once a week.
How much did Mr. Turner pay you for those dates?
$ a session.
Would you describe for the court
what happened during these sessions with Mr. Turner?
Rick got off on verbal abuse.
On our first date he told me exactly what he wanted,
and that's how we did it, every time.
What did Mr. Turner tell you he wanted?
I was supposed to fix him a drink, get undressed,
and tell him how much I wanted to have sex with him.
Once I was completely naked, he'd start to berate me.
He'd ask how a sweet, innocent little girl
got to be a prost*tute.
He'd ask me how I could face my family.
What my parents would think if they could see me.
And how were you supposed to respond?
I was supposed to cry.
He couldn't get an erection until I started crying.
So I pretended to cry.
Sometimes I didn't have to pretend.
Then... we'd have intercourse and he'd leave.
What happened on June the th, Miss Hagan?
He arrived at my apartment and
I told him I didn't want him as a client anymore.
I told him that after a date with him
I was depressed for days.
I said it wasn't worth it and I asked him to leave.
Did he?
No. He started yelling obscenities at me.
And getting all red in the face.
He slapped me, and then he grabbed me around the throat
and he slammed my against the wall.
Once I stopped struggling
he tore off my clothes and he r*ped me.
Thank you, Miss Hagan.
I have no further questions.
Miss Hagan, have you ever enacted
a r*pe fantasy for one of your clients?
Yes.
Would you ever do it for Mr. Turner?
No, that's not what he was into.
Did you ever discuss enacting a r*pe fantasy with Mr. Turner?
Yes.
Would you tell us under what circumstances you did so?
He wanted to know what I did with other clients.
He liked to use specific things when he rebuked me.
How would you describe the consensual sex you had with Mr. Turner?
Exactly what did you want to know, Mr. Di Stefano?
-Well, was he gentle? -No.
Rough?
The only time he got rough was the day he r*ped me.
Have you ever sustained any physical injuries
in your line of work, Miss Hagan?
I've had a few bruises.
Did you ever have to go to the hospital before?
Once.
What were the circumstances?
The guy broke my finger.
Did you charge him with r*pe?
He didn't r*pe me.
He wasn't forcing me to do something
I told him I didn't want to do.
Did he have pockets as deep as Rick Turner's?
-Objection. -Sustained.
Miss Hagan, did you or did you not file a civil suit
against my client claiming . million dollars in damages
on the same day that you went to the police and charged him with r*pe?
Yes, I did.
And did anyone advise you that winning
a criminal conviction against Mr. Turner
would greatly increase your chances of winning big in a civil suit?
Rick Turner treated me like I wasn't even human.
He hit me with his fist. He choked me.
He r*ped me. Like it was nothing.
But for a million and a half, you're even?
-Objection. -Sustained.
You think that's a good deal, Mr. Di Stefano?
Is it fair to say that if for some reason
you became tired of selling your body,
that . million dollar would pretty much let you retire?
I don't sell my body.
I sell sex.
I choose who I have sex with.
In that regard I'm like anyone else in this room.
♪♪
Hello.
Hello.
How was the first day?
I think it went pretty well.
I'm glad.
I was on my way to study.
I guess I better get back to it.
I'll see you later.
[sighs]
[vacuum running]
Eli?
Surprise.
Audrey.
My God.
What... what are you doing here?
Hello to you, too.
Did I know you were coming?
No.
How did you get here?
How do you think? I flew.
But you hate to fly.
I know.
I... I hated missing you more.
Actually, I was fine.
Except for take-off. And landing.
I have a meeting with Tom Chino
about supplying some of the produce for my restaurant.
And I thought I would surprise you.
Aren't you happy to see me?
Of course, I'm happy to see you.
I'm just surprised.
Is this a bad time?
No, no, it's not a bad...
Well, it's kind of a bad time.
I'm kind of in the middle of taking the bar.
Oh.
Well, we could see each other at night.
I have to study at night, Audrey. I have to prepare.
Well, I'm gonna be pretty busy myself
looking at little pink turnips all day
but...
I thought maybe we could still have a little time for each other.
Couldn't we?
Yes.
I still think about you, Eli.
Sometimes I just lie in bed
and I can't stop thinking about you.
♪♪
Oh, Mr. McKenzie? Just a minute.
What is it, Mr. Pencava?
I'd like to schedule another deposition for later today.
And who is it you want to depose now?
You, Mr. McKenzie.
Mr. Pencava, what possible relevance
could my testimony have to your case?
I think you've been taking vocal lessons
at Mr. Emmerich's academy.
[chuckles]
I assure you I have not.
But supposing I had, so what?
So, then I'm entitled to subpoena you.
Mr. Pencava...
I will not make myself available to be deposed by you
unless I am compelled to by proper notice
and proper subpoena. Good day.
Where can I get a proper subpoena?
Ask the court clerk.
Don't think I wont.
The surly sirs then flirted with the pert nurse last Thursday.
The harried aristocrat danced acrobatically
with the daughter of the Arab ambassador.
Oh, no.
Don't tell me he sunk his talons into you, too?
-Who? -Arthur Emmerich.
He hasn't sunken anything into me.
That man will prey on your insecurities.
He will build you up with a lot of false promises
and then he'll devour your soul.
I guess you take him a little more seriously than I do.
Well, why are you taking his course?
I don't know, maybe I'll do Shakespeare some day.
Why are you taking his course?
Isn't it obvious?
-What do you mean? -I mean my voice.
Isn't it obvious why I want to change my voice?
No.
Well, Mr. Emmerich would certainly think it was obvious.
He'd say my voice is the reason
why I never got anywhere in life.
And you believe that?
Well, yes, I do.
I was never successful in business and I certainly
was never successful with women.
I mean, women aren't drawn to me at all.
Mr. Emmerich said he would fix all that.
Look, I don't know about being successful in business
or what Mr. Emmerich has to say,
and as far as women being drawn to you,
you know, I've always based my decision on what men have to say
rather than on how they sound.
But you know, that's just me.
I was married to a woman who felt the same way.
-Oh, yeah? -Yeah, she passed away.
Oh. I'm sorry.
Thanks. She was my first and only girl.
Oh. Hey, you know, not for nothing,
but I don't think it's your voice that's the problem.
I mean, despite what Mr. Emmerich has to say.
I sense that you're a very kind and compassionate person.
Would you mind very much is I subpoenaed you?
-Not at all. -Thank you.
Could you tell us, Mr. Turner, why it is
that you frequent prostitutes?
Well, because I know myself.
Because as Amanda indicated I have some fairly exotic sexual needs.
I try not to pass judgment on those,
but I don't think it's right to indulge them with unwilling
or innocent partners.
Would you describe what your arrangement was with Amanda?
I was referred to her by a friend a little over a year ago.
I met with her and I liked her
and I told her very explicitly what I wanted from her.
And she agreed.
If she hadn't, I would have gone elsewhere.
And what about the night of June th, ?
According to Miss Hagan's testimony, on that night
she did tell you to go elsewhere and you refused.
She's lying.
I told her I wanted to break off the association.
Not the other way around.
And what happened when you told her that?
She got very upset.
She suggested before I terminate the relationship
that we try something different.
What was that something different?
She suggested I pretend to r*pe her.
And did you accommodate Miss Hagan's suggestion?
I told her I wasn't sure that's what I wanted to do.
What happened?
She slapped me. I grabbed her wrist,
and she started struggling against me.
Despite my ambivalence, the fantasy was engaged.
I was actually quite startled at how hard she fought against me.
Every time I would let go of her wrist,
she would slap me again.
Finally, I pulled her clothes off and we had sex.
I paid her and I left.
Did you at anytime hit Miss Hagan in the face
or knock her head into the wall?
I suppose that may have happened while we were struggling,
but never intentionally.
And I never forced her to have sexual intercourse.
Thank you.
Your witness.
Didn't it cross your mind, Mr. Turner,
that Miss Hagan might have been fighting as fiercely as she was
because you were hurting her and she wanted to get away?
I know prostitutes, Mr. Mullaney.
I know when they're pretending,
I know when they're sincere.
Amanda Hagan did not want to get away.
How many times have you been with Amanda Hagan
prior to June th?
I don't know.
, ?
A thousand dollars a throw?
That's a significant amount of money.
Well, we all have our vices, Mr. Mullaney.
I suppose that's mine.
Wouldn't the fact that she would say no to you
after you paid her that much money make you mad?
She didn't say no to me.
And I didn't get mad
You say you don't feel right indulging your
exotic sexual needs with an unwilling partner.
-Have you ever done that? -No.
-Never? -Never.
Not even once?
Objection, asked and answered, Your Honor.
Sustained.
You've really got nothing to lose by sitting up there
and lying, do you, Mr. Turner?
Neither does she, Mr. Mullaney.
Hello.
Hello, how are you?
The air in Romania remains redolent of persimmon.
The air in Romania remains...
Leland McKenzie for Mr. Emmerich?
I'll let him know you're here.
Roger and Reginald went river-rafting with Aurora.
Mr. McKenzie, thank you for coming.
I'd rather you handle this than involve the police.
We may have to involve the police. Where is he?
Well, I don't know, he's been passing these out to students.
He says he wants to depose everybody in the school.
Oh, Mr. Fujimoro, you are hereby summoned
to avail yourself for questioning
at the time and the place listed.
Mr. Pencava, you can't subpoena the entire student body.
Why not?
I want to see if anyone else has had an experience similar to mine.
We may be talking a class-action suit.
Are you aware that Mr. Emmerich could
have you arrested for trespassing?
How can I be trespassing?
I'm enrolled to the end of the semester.
Not for the purpose of serving subpoenas.
You're disturbing this man's business,
and you're doing so without any legal basis.
I strongly suggest that you desist, and desist immediately.
I don't think I'll do that.
I'd like to say something.
What is it exactly that accounts for us being here?
A sense of inferiority?
A fear of being judged and found wanting?
I know I carry that around with me.
I have a high-pitched voice, I'm short.
I don't have a full head of hair.
Well, there isn't much I can do about my height.
But as for the hair, I bought a toupee.
As for the voice, I take lessons from Mr. Emmerich.
But every once in a while,
I think of my dear, departed wife.
I think of how utterly unimportant those things were to her.
She loved me, and that was that.
So my question to all of you is
whose opinion are you afraid of?
I say if they judge you by the way you sound,
they matter not.
I say abandon all efforts
and speak with whatever voice you have.
Hello, how are you?
I left my Packard coat in Alberta.
Hello, how are you?
How are you?
Hi.
How was the bar exam?
Tomorrow's the last day.
What are you doing for supper?
I was going to order in a steak from Patrelli's.
Order two, and I'll go pick them up.
-I can't do that, Jinx. -Why not?
If we have dinner together, I'll have a wonderful time.
We'll laugh, we'll talk, and I wont want you to leave.
So?
I've got to focus on this test tonight.
I'm not drinking any coffee,
I'm not chewing any Kohipato gum.
I've got to just shore up my strength
and concentrate on getting through this.
Okay.
Good luck.
Audrey.
Hi, honey.
When did you get here?
Just a few minutes ago.
I spent all day at The Chinos.
The vegetables there are so incredible.
They have striped tomatoes, black cabbage,
like six kind of radishes, four kinds of turnips.
It was amazing.
Wow.
Can we have dinner tonight?
I can't, Audrey.
Why not?
If we had dinner together, I'd have a wonderful time.
We would laugh, we'd talk.
I wouldn't want you to leave.
So that would be a good thing?
I've got to focus on this test tonight.
I'm not drinking any coffee, I'm not chewing any Kohipato gum.
I've got to just shore up my strength
and concentrate on getting through this.
Okay.
What are you gonna do?
I'm gonna go visit my friend Helena.
I'm really sorry.
That's okay.
This test, you're done tomorrow, right?
Right.
Okay, I'll come and see you then.
Bye.
Is counsel ready to deliver closing arguments?
The prosecution would like to call one rebuttal witness, Your Honor,
Susan Davies.
Defense strongly objects to this witness, Your Honor.
Counsel, approach.
Your Honor, this witness is not a rebuttal witness.
She's just part of their case in chief
that they've held back hoping for a greater impact
on their miserably weak case.
This witness was not willing to step forward until now.
I think the jury's entitled to hear her.
Ask that if this witness testifies it be away from the jury
so Your Honor can determine whether the probative value
outweighs the prejudicial.
Mr. Di Stefano, if either a question
or an answer appears inadmissible according
to your interpretation of the rules of evidence,
make an objection and I'll rule on it.
Call your witness, Mr. Mullaney.
Ms. Davies, how do you know the defendant?
I was his secretary at Steeple Records
for about a year.
Would you describe that relationship to the court?
For the first few months, it was pretty standard stuff.
Answering the phones, typing letters,
taking dictation.
How did that change?
It was kind of gradual.
At first he'd tease me about my boyfriend,
ask me where we went.
How serious we were getting.
Then he wanted to know details about my sex like,
and he got very graphic about his sex life.
Objection, relevance.
Your Honor, I would respectfully submit
that the defendant's sexual history
is ay least as relevant as the victim's.
Agreed. Objection overruled.
Did he get physical with you?
He'd grab me.
He'd rub up against me.
He'd make this whole display of looking down my blouse or up my skirt.
One of the last things I remember him doing
was coming out of his office and masturbating on my desk.
Oh, like you had nothing to do with that?
Mr. Turner.
Like you didn't play the little coquette?
Mr. Turner, if you say one more word,
I'll hold you in contempt.
Proceed, Mr. Mullaney.
Why did you continue working for him, Miss Davies?
He kept promising to introduce me to important people
who could help my career.
Finally, that wasn't a good enough reason.
I went into his office and told him I didn't want to work for him anymore.
What happened when you did that?
He started yelling, telling me all the things he thought were wrong with me.
My clothes, my voice.
The way I smelled.
Then he shoved me onto the couch
and pinned my hands behind my back.
He started unzipping his pants and shoving...
putting... pushing his knee up under my skirt.
He tore my skirt...
What happened then, Miss Davies?
Someone knocked at the door.
It was almost like he came out of a trance.
He told the person to go away,
and then he just got up and went into this bathroom.
And...
And I just ran out.
If that person hadn't knocked, I'm sure he would have r*ped me.
Objection, speculation Your Honor.
Sustained. The jury will disregard the witnesses last comment.
I have no further questions.
Were there any witnesses to these alleged incidents, Miss Davies?
No.
Did you ever press as*ault or sexual harassment charges
against Mr. Turner?
Mr. Turner made it quite clear to me
that if I did, I could forget about a career
in the recording industry.
So you kept right on working for him even after all this?
I transferred to record promotions.
Been over a year since all these alleged incidents
took place, Miss Davies.
Why come forward now?
When I heard he actually r*ped someone,
I couldn't keep quiet.
Maybe if I had reported him
or brought charges against him before,
this wouldn't have happened.
So your coming here today wouldn't have anything to do
with the fact that Mr. Turner rejected your request
for a promotion to a better position at artist and repertoire?
No, it would not.
Thank you.
No further questions.
What we have here, ladies and gentlemen,
is a conflict in testimony.
Amanda Hagan says Rick Turner r*ped her.
Rick Turner says they had consensual sex.
Just like they had been having consensual sex for a year
proceeding the encounter in question.
So who you gonna believe?
Rick Turner is a respectable and very successful business man.
He readily admits to having unusual sexual habits.
He also admits he goes to prostitutes.
But if he wasn't getting what he wanted from one prost*tute,
he went on to the next.
He didn't b*at them up and r*pe them.
Now, Amanda Hagan, on the other hand, lies for a living.
She makes her money by faking pleasure,
by telling men whatever she has to in order
to make them come back for another session.
So today, she comes into this courtroom and decides
to lie a little more by accusing a wealthy client
of r*pe and going after a big payday in civil court.
Ladies and gentlemen, in order to convict Rick Turner,
you have to believe beyond a reasonable doubt
that what happened between he and Amanda Hagan
was not consensual.
You thus will be sending a man to prison
on this woman's word, and on her word alone.
I ask that you search your hearts fully
before you do such a thing.
Is it possible to r*pe a woman
who sells her body for sex?
Well, if you put your car up for sale,
and someone forcibly takes it from you,
that's theft
in the same way, that raping a prost*tute is r*pe.
The critical issue, the only issue
is consent.
Did Amanda Hagan consent to having sexual intercourse
with Rick Turner?
Did she consent to him hitting her?
To his ramming her head into a wall?
The answer is no.
She said no,
and she said it to a man
who wouldn't take no for an answer.
I suspect that in his heart of hearts,
Rick Turner doesn't believe that we he did was a crime.
Anymore than running over a small animal in the road is a crime
or kicking a dog.
It's your job, ladies and gentlemen, to let him know
that the r*pe of a prost*tute is indeed a crime.
That it's a crime of the same magnitude
as the r*pe of a school teacher
or a waitress or a nun.
The state of California asks you to recognize
what happened to Amanda Hagan
for what it was,
and that you punish the man responsible.
Well, what do we have here?
Good afternoon, gentlemen.
Good afternoon.
Leland McKenzie, this is Valerie Briggs.
She's joining me as co-plaintiff in my suit.
It's a pleasure to meet everybody.
You have a lovely office.
Thank you.
And of course, you know Mr. Emmerich.
Hello, Valerie.
Hi, Mr. Emmerich.
I'm sorry about suing you,
but Francis was very persuasive.
Mr. Pencava, before we go any further.
Mr. Emmerich has something he'd like to say to you.
Oh, afraid your deceitful empire is about to crumble, Mr. Emmerich?
No, Mr. McKenzie has assured me that your lawsuit will be dismissed shortly,
but I'm deeply concerned
about the level of anger you have towards me.
In an attempt to reconcile with you,
Mr. Emmerich would like to offer one year's worth of one-on-one training
absolutely free.
Oh, why would I put myself through that again?
The humiliation, the failure.
Because during your oratory yesterday,
I detected a distinct improvement in tonal quality, Francis.
You were actually resonating.
-I was? -Oh, yes, indeed.
I heard nuance, I heard color.
I believe we experienced our breakthrough.
Wow!
This isn't a trick, is it?
No, I don't engage in trickery when it comes to the voice.
Besides, Francis, how do you think
you were able to exert such a powerful influence
over Valerie?
All right, Gentlemen.
Let's talk turkey.
In addition to a year's free instruction for me,
I insist that Valerie get the same deal.
On one condition:
I get the right to use both of you as case studies in my next book.
What do you think, baby?
I think we should do it, Francis.
We'll be famous!
Deal.
-Good. -Good.
Has the jury reached a verdict?
We have, Your Honor.
What say you?
In the matter of the people vs. Rick Turner,
we find the defendant guilty of r*pe.
Sentencing hearing will be held in days.
The jury's dismissed with the thanks of the court.
Thank you.
I can't believe how exhilarated I feel right now.
Well, you're entitled, you did good, right?
I don't even care how I did.
All I care is that it's over.
The world with all its infinite glories
is once again open before me.
I can take a walk, eat in a restaurant.
Enjoy the company of a beautiful woman.
Which one were you referring to?
Jinx or Audrey?
It's amazing, isn't it?
I've always had enough difficulty getting one woman to go out with me.
All of a sudden I have a surfeit of riches.
Mmm.
Oh my God.
[sighs]
Hello, Eli.
Was I supposed to meet you here?
I knew you'd be done with the bar, so...
I came by.
I was waiting when she arrived.
Audrey explained that the two of you had made plans?
So we decided to wait for you together.
You decided to wait for me together.
So, now you're both mad at me?
You weren't honest, Eli.
You weren't honest with me and you weren't honest with her.
You told me that you weren't involved with anyone.
And you didn't tell me anything.
How about I didn't want to hurt anybody's feelings?
How about my life has been in a state of flux?
I changed homes, I changed jobs.
It's not unreasonable to think that significant relationships
will also change.
Does that mean you want them to?
I don't know. I don't know what I want.
What I do know is that I've been under a lot of pressure.
I just finished an incredibly grueling few days
which paid off in the fact that I believe I aced the California bar exam.
Which happens to be one of the most difficult in the entire country.
I think I deserve some congratulations for that.
I think that for about five minutes
I deserve to just be utterly relieved
and utterly happy.
Nice meeting you, Audrey.
You're leaving?
I think you have a few things to discuss between the two of you.
Is there anything I can say right now that will make everything okay?
I don't think so.
Everything isn't okay, Eli.
You moved to Los Angeles and a part of me
actually believed that really didn't mean anything.
But it means a lot.
I wasn't moving away from you.
I know.
But the fact is you are away from me.
We can talk on the phone, we can see each other once in a while,
but gradually, it just becomes about catching up.
About what's already happened.
I don't think that's what either of us want.
I still love you, Audrey.
I love you, too.
What are you gonna do now?
I'm going to go to the airport
and I'm going to get a flight back to New York.
Umm...
take care of yourself, okay?
[knocks]
Judge Walker?
Come in, Mr. Mullaney.
You wanted to see me?
Yes.
Is there some problem about the Turner trial?
No.
Oh, okay.
I, uh... I just wanted to let you know
that I'll be recusing myself from any cases in which you're the prosecutor.
Oh, why?
Because I find you extremely attractive.
You do?
Yes, I do.
And I don't want my persona feelings
to interfere with any ability to maintain judicial impartiality.
Are you involved with anyone?
No.
Do you find me attractive?
Yeah.
I'd like to make a date right now, but I think
we ought to let the dust settle on the Turner case, don't you?
Yeah... I do.
So...
I'll be in touch.
Okay.
This... attraction.
It doesn't have anything to do with the decisions
that you made in my favor, during the Turner trial, does it?
You didn't find my decisions questionable, did you, Mr. Mullaney?
No.
Well, there you are.
Right.
Phew...
♪♪ [theme]
I could do it.
Sidney and Charlie get along without me.
I could go back there, wrap up whatever I need to wrap up
in a matter of days.
Yeah, so?
Audrey and I are an on again, off again kind of thing.
That wouldn't prevent me from moving.
Well, it sounds like nothing's stopping ya.
And you're comfortable dealing with California law?
I dealt with it when I was handling divorces in New York.
Plus, I'll be taking the California bar exam soon,
so I'm boning up on it.
I'm sure people tell you all the time
how you don't look like a private investigator.
Yes, they do.
Figured they did.
Is that something you were planning on saying?
Me? No.
My God.
What kind of car is this?
It's a Ferrari.
You're not an overly fast driver by any chance, are you?
-Mr. Emmerich? -Yes.
I'm Leland McKenzie.
Oh, well, I had hoped to consult with Daniel Morales.
But I'm told he's in absentia.
That's correct, Daniel's in court this morning.
I assigned him to a trial that's consuming more time
than expected.
You may or may not be aware
that Mr. Morales is defending me in a lawsuit
which although frivolous nonetheless could prove
injurious to my reputation.
I'm very aware of your case, Mr. Emmerich.
In fact, I'd like to handle your depositions myself.
Assuming you're amenable.
I'm completely amenable.
Well, good. Good.
I have a brief staff meeting to go to,
after which we can consult as long as you like.
And then proceed from there.
Oh, uh, Denise?
Would you show Mr. Emmerich to my office, please.
Sure. Right this way.
A little hectic in here today.
Can I get you a cup of coffee or something to drink?
You're from Queens.
Yeah, how did you know?
-Your elongated diphthongs. -Excuse me?
Your accent, my dear.
Who are you, Henry Higgins?
Well, you might say that I'm his modern equivalent.
I help people develop their vocal instruments
to communicate more effectively
and accent elimination is one of my specialties.
So why you telling me?
I mean no offense,
but surely you must be aware of the social stigmas
that attach to certain proletarian dialects?
Such stigmas can inhibit ones
personal and career opportunities.
I can virtually promise you that after one quick lesson,
you will speak with more clarity and presence
than you ever dreamed possible.
Hmm.
Everett vs. Everett.
Another divorce. Mr. Everett is accusing Mrs. Everett
of cheating on him with his business partner.
How is that relevant?
It's my job to make it relevant.
Towards that ends I'll be using Jinx Baldisari.
One surveillance photo is worth a thousand words.
Eli, you're taking the bar exam tomorrow.
-That's right. -LELAND: Good luck, Eli.
Why are you even here?
Shouldn't you be locked away somewhere?
You're right, I should be. You're right.
I just thought I'd check in with all of you
before walling myself off for the final push.
Now that I've done that, I will see you when it's over.
Good luck.
Pencava vs. Emmerich.
That's mine.
I thought this was Daniel Morales's matter.
Daniel is in the middle of a trial.
Rather than let a client be short changed by
our oversight in delegation,
I decided to take the case myself.
Then let's hear.
We represent Arthur Emmerich, a voice therapist.
He's being sued by a former client.
The man claims that his voice did not improve
after taking Mr. Emmerich's speech course.
He's suing for fraud, breach of contract.
You'll forgive me, Leland, I wish you all the best of luck
representing this client, but I've seen his ads.
I think this guy's a con-man.
In what respect?
Well, I think he might oversell the importance of one's voice
just a tad.
I can't imagine that it really makes that much difference
how you sound.
[speaking without accent] Excuse me, Arnold,
Jinx Baldisari is waiting to see you in your office.
Are you available to see her now or shall I tell her you're detained?
[Queens accent] What?
♪♪ [theme]
♪♪
Miss Hagan, have you ever let someone tie you up for money?
Objection, there's no allegation
she was tied up in the present case.
Sustained.
Have you ever participated in sex
with more than one person at a time for money?
Objection, there's no allegation of group sex in the present case.
Sustained.
Have you ever participated in bestiality for--
-Mr. Di Stefano, come on. -Come on.
Your Honor, I think it's perfectly relevant to establish
to what lengths this woman will go for money.
I'm holding otherwise.
Next question.
Excuse me, I have a question.
Is it all right if I ask a question?
Certainly.
I still don't really understand this whole hearing thing.
I thought you couldn't ask a r*pe victim about her past.
Normally, that's true, Miss Hagan.
That's why we have these section hearings
away from the jury.
Mr. Di Stefano persuaded me that certain elements
of your past sexual behavior could be relevant.
He questions you here, then I decide what he can
and cannot ask you again in front of the jury.
And this is all because I'm a prost*tute, right?
In part, yes.
Sex is your profession.
The way in which you conduct that profession
could be relevant.
[sighs]
Okay.
Do you have any other questions, Mr. Di Stefano?
Just a few.
Miss Hagan, have you ever simulated r*pe for money?
Yes.
Did you enjoy simulating r*pe for money?
I'm not going to allow that one, Mr. Di Stefano. Move on.
Isn't enacting r*pe fantasies one of your specialties?
Not going to allow that one, either.
Have you ever participated in rough sex for money?
What do you mean by rough?
Have you ever let someone hit you for money?
I haven't let someone hit me, no.
But you have been hit during sex?
Once or twice, yeah.
Did you prosecute for r*pe?
No.
I think that's it, Your Honor.
Thank you for your cooperation, Miss Hagan.
I can give you my decision now.
With all due respect, Your Honor,
isn't the court going to take some time to deliberate?
No, Mr. Di Stefano, the court is not going to take some time to deliberate.
The court is ready to render a decision now.
I'll allow the question about simulated r*pe
and the questions about rough sex.
-That's it? -That's it.
Judge Walker, with all due respect,
I believe that the questions you permitted
won't make any sense to the jury without the questions you've excluded.
If I could just have some time to brief the issue...
I don't think that'll be very helpful, Mr. Di Stefano.
I made a decision.
I told you what it is.
Thank you.
So if I understand this procedure correctly,
you'll be asking me questions, is that right, Mr. McKenzie?
That's right, Mr. Pencava.
As soon as your lawyer gets here, we can begin.
Oh, he's not coming.
Why not?
I couldn't get him to answer my phone calls,
so I fired him.
Well, did you try employing the telephone voice that we worked on?
Why would I? It was just as ineffective
as all the other gibberish you taught me.
Do you understand your disadvantage here?
Proceeding without an attorney?
I don't view it as a disadvantage, Mr. McKenzie.
I believe I'm fully capable of representing myself competently.
And that's just what I intend to do.
Let the record reflect Mr. Pencava
opted to proceed pro se.
Mr. Pencava, what led you to enroll
in Mr. Emmerich's Vocal Academy?
Well, at the risk of stating the obvious,
I wanted to change my voice.
I take it you were dissatisfied with some aspect of your voice?
I was dissatisfied with every aspect of my voice.
Mr. McKenzie, all my life I've been mimicked,
ridiculed, and dismissed.
Well, I'm years old, and I'm sick of it.
I'm sick of calls going unreturned,
of being ignored by waitresses and taxi drivers.
And I'm sick of the smirks on people's faces
every time I open my mouth.
Mr. Pencava, when you first met Mr. Emmerich,
what prognosis did he offer?
He said that by the time I got through his vocal academy,
I wouldn't even recognize my voice.
Well, I took every class you offered, Mr. Emmerich,
some of them twice.
And my voice hasn't changed at all.
What more could I have done for you, Francis?
Didn't I spend time after class,
cajoling you to project from your diaphragm?
To feel the tonal currents rising from the abdomen
and through the nasal pharynx?
And where did it get me?
Did it improve my social life like you said it would?
Did my career advance?
I never made any promises.
You did. By implication, you certainly did.
No, Francis, what I said is those are the natural rewards
of improved vocal presence
which you unfortunately were unable to achieve.
And whose fault was that?
Perhaps yours, Mr. Pencava.
Mine?
Yes. Did you complete the required homework assignments.
For example, did you practice your basal glissandos
at home every night?
Yes, I did.
-Your deep throated yodeling? -I do that, too.
Your soft palate vibratos? Your facial calisthenics?
Your epiglottal tongue presses?
I did them all, every single night.
And you want to know why?
Because I believed in you, Mr. Emmerich.
I actually thought you could get me to sound like a regular guy.
But you cheated me.
And you thought you could get away with it.
Well, think again, Mr. Emmerich.
Francis Pencava will not roll over.
Francis Pencava will not go away.
Eli, how's it going?
Great. Just great.
sh**ting through the California civil code.
It's freezing in here.
It is cold, I realize that.
You, uh, want to take a break, get some dinner?
No, I don't think so, but thanks.
-You gotta eat. -Not necessarily.
The combination of hunger and air conditioning has me extremely focused.
Plus, I've been chewing this Japanese coffee gum,
and that's provided a significantly heightened energy level.
Japanese coffee gum,
It's call Kohipato. One stick is the equivalent of ten cups of coffee.
-Want some? -No, thanks.
Perfectly safe. Safe as a cup of coffee.
Safe as ten cups of coffee.
Yeah, I think I'll pass, anyway.
Look, Eli, I think you should definitely get something to eat.
I feel very strongly about this.
What's interesting is that coffee acts as an accelerant to coffee gum.
It's important to maintain a balance.
Coffee gum, gum coffee. Coffee gum, gum coffee.
The combined effect creates a whole that's greater than the sum of its parts.
If you monitor your intake you achieve the greatest level of stimulation.
I think you're pretty stimulated already.
I think maybe you should go home, get some rest.
I'll be leaving here at : A.M.,
I'll be in bed by :.
You've got it all worked out.
I think it's critical to be as precise as possible
in charting your routine while studying for the bar.
As long as I avoid distraction, stay focused,
and keep to the program, everything will be fine.
Well, I'm gonna let you get back to it.
I'll see you tomorrow.
Night, Stuart.
-Hey. -Hey, what are you doing here?
Putting together some surveillance photos for Arnie.
What are you doing here?
Studying for the bar.
Tomorrow's the first day of the exam.
You want some coffee?
I do.
Is there enough left is the problem.
Are you all right?
-What do you mean? -I mean, look at you.
You're sweating, you're shaking.
-I've had a fair amount of caffeine today. -Ah.
I have coffee, I have Kohipato gum.
The caffeine I think is probably acting as a diaphoretic
which is why I'm sweating.
My heart's b*ating pretty fast, too.
My God, this can't be healthy, can it?
Let me feel.
Oh, your heart is b*ating pretty fast.
Here, feel mine.
-Huh. -What?
Your heart's definitely not b*ating as fast as mine.
I think I know a way to catch up.
Are you involved with anyone?
No.
I mean, I came out here alone.
I'm alone, now.
Officially, I'm not involved with anyone.
Glad to hear that.
So, Mr. Emmerich, think you're prepared to withstand
the crucible of my interrogation?
Mr. Pencava, I'm not going to allow my client to answer
any questions that are extraneous to the issues at hand.
In that case, I'd like him to tell me
if he recognizes this.
Ah, yes, that is a print advertisement for my classes.
Exactly.
Read it, Mr. Emmerich.
"Vocal therapist Arthur Emmerich
announces another series of 'Express for Success' seminars."
Stop.
What does that mean, Mr. Emmerich,
"Express for Success"?
It refers to the fact that proper vocal expression
can help one achieve success.
I attended seminars where you taught proper vocal expression.
Did I achieve success?
-No. -Ah-ha!
Please continue reading the ad, Mr. Emmerich.
"The intermediate course teaches basic vocal skills
that will make you more effective in social situations."
Stop.
I took the intermediate course.
Was I more effective in social situations?
I don't see the word guarantee here anywhere.
Admit it, Mr. Emmerich, your classes don't work.
You are a charlatan, a fraud.
Mr. Pencava.
I'll have you know the vast majority of students
respond to my methods, but I'm not a miracle worker.
I can't be expected to fashion a Stradivarius from a kazoo.
That's not the impression you gave me.
Francis, the parameters of our covenant were
that you paid me to instruct you in the vocal sciences.
A service which I rendered in good faith.
But I cannot be held responsible for your inflated expectations.
Well, if you didn't think you could help me,
why did you let me come back again and again and again?
I thought I could help you, Francis.
I thought we were nearing a breakthrough.
I don't believe you.
I think all you were thinking about
is the thousands of dollars I was paying you!
Careful, Francis, I'm hearing that
pinched nasal sound you get when you're straining.
You're trying to intimidate me.
Something you've been rather successful at in the past.
In fact, I think I'll throw in for additional damages
based on emotional distress.
Mr. Pencava, that claim is a frivolous as all the others you've made,
and I must warn you, you could be liable
for court costs and legal fees if you insist on perusing this.
Ah, so that's your strategy, is it?
The big boys with the big voices g*ng up
on the little boys with the little voices.
That's it, I will not subject myself to this any longer.
You want the truth, Francis?
The truth is you have exactly the voice that you deserve.
The voice of a pusillanimous embittered man,
and I cannot bear to listen to it one second longer.
You are the complainant in this action,
is that right, Miss Hagan?
That's right.
And what is your occupation?
I'm a prost*tute.
Are you acquainted with the defendant Rick Turner?
He was a regular customer of mine for about a year.
We had a date at least once a week.
How much did Mr. Turner pay you for those dates?
$ a session.
Would you describe for the court
what happened during these sessions with Mr. Turner?
Rick got off on verbal abuse.
On our first date he told me exactly what he wanted,
and that's how we did it, every time.
What did Mr. Turner tell you he wanted?
I was supposed to fix him a drink, get undressed,
and tell him how much I wanted to have sex with him.
Once I was completely naked, he'd start to berate me.
He'd ask how a sweet, innocent little girl
got to be a prost*tute.
He'd ask me how I could face my family.
What my parents would think if they could see me.
And how were you supposed to respond?
I was supposed to cry.
He couldn't get an erection until I started crying.
So I pretended to cry.
Sometimes I didn't have to pretend.
Then... we'd have intercourse and he'd leave.
What happened on June the th, Miss Hagan?
He arrived at my apartment and
I told him I didn't want him as a client anymore.
I told him that after a date with him
I was depressed for days.
I said it wasn't worth it and I asked him to leave.
Did he?
No. He started yelling obscenities at me.
And getting all red in the face.
He slapped me, and then he grabbed me around the throat
and he slammed my against the wall.
Once I stopped struggling
he tore off my clothes and he r*ped me.
Thank you, Miss Hagan.
I have no further questions.
Miss Hagan, have you ever enacted
a r*pe fantasy for one of your clients?
Yes.
Would you ever do it for Mr. Turner?
No, that's not what he was into.
Did you ever discuss enacting a r*pe fantasy with Mr. Turner?
Yes.
Would you tell us under what circumstances you did so?
He wanted to know what I did with other clients.
He liked to use specific things when he rebuked me.
How would you describe the consensual sex you had with Mr. Turner?
Exactly what did you want to know, Mr. Di Stefano?
-Well, was he gentle? -No.
Rough?
The only time he got rough was the day he r*ped me.
Have you ever sustained any physical injuries
in your line of work, Miss Hagan?
I've had a few bruises.
Did you ever have to go to the hospital before?
Once.
What were the circumstances?
The guy broke my finger.
Did you charge him with r*pe?
He didn't r*pe me.
He wasn't forcing me to do something
I told him I didn't want to do.
Did he have pockets as deep as Rick Turner's?
-Objection. -Sustained.
Miss Hagan, did you or did you not file a civil suit
against my client claiming . million dollars in damages
on the same day that you went to the police and charged him with r*pe?
Yes, I did.
And did anyone advise you that winning
a criminal conviction against Mr. Turner
would greatly increase your chances of winning big in a civil suit?
Rick Turner treated me like I wasn't even human.
He hit me with his fist. He choked me.
He r*ped me. Like it was nothing.
But for a million and a half, you're even?
-Objection. -Sustained.
You think that's a good deal, Mr. Di Stefano?
Is it fair to say that if for some reason
you became tired of selling your body,
that . million dollar would pretty much let you retire?
I don't sell my body.
I sell sex.
I choose who I have sex with.
In that regard I'm like anyone else in this room.
♪♪
Hello.
Hello.
How was the first day?
I think it went pretty well.
I'm glad.
I was on my way to study.
I guess I better get back to it.
I'll see you later.
[sighs]
[vacuum running]
Eli?
Surprise.
Audrey.
My God.
What... what are you doing here?
Hello to you, too.
Did I know you were coming?
No.
How did you get here?
How do you think? I flew.
But you hate to fly.
I know.
I... I hated missing you more.
Actually, I was fine.
Except for take-off. And landing.
I have a meeting with Tom Chino
about supplying some of the produce for my restaurant.
And I thought I would surprise you.
Aren't you happy to see me?
Of course, I'm happy to see you.
I'm just surprised.
Is this a bad time?
No, no, it's not a bad...
Well, it's kind of a bad time.
I'm kind of in the middle of taking the bar.
Oh.
Well, we could see each other at night.
I have to study at night, Audrey. I have to prepare.
Well, I'm gonna be pretty busy myself
looking at little pink turnips all day
but...
I thought maybe we could still have a little time for each other.
Couldn't we?
Yes.
I still think about you, Eli.
Sometimes I just lie in bed
and I can't stop thinking about you.
♪♪
Oh, Mr. McKenzie? Just a minute.
What is it, Mr. Pencava?
I'd like to schedule another deposition for later today.
And who is it you want to depose now?
You, Mr. McKenzie.
Mr. Pencava, what possible relevance
could my testimony have to your case?
I think you've been taking vocal lessons
at Mr. Emmerich's academy.
[chuckles]
I assure you I have not.
But supposing I had, so what?
So, then I'm entitled to subpoena you.
Mr. Pencava...
I will not make myself available to be deposed by you
unless I am compelled to by proper notice
and proper subpoena. Good day.
Where can I get a proper subpoena?
Ask the court clerk.
Don't think I wont.
The surly sirs then flirted with the pert nurse last Thursday.
The harried aristocrat danced acrobatically
with the daughter of the Arab ambassador.
Oh, no.
Don't tell me he sunk his talons into you, too?
-Who? -Arthur Emmerich.
He hasn't sunken anything into me.
That man will prey on your insecurities.
He will build you up with a lot of false promises
and then he'll devour your soul.
I guess you take him a little more seriously than I do.
Well, why are you taking his course?
I don't know, maybe I'll do Shakespeare some day.
Why are you taking his course?
Isn't it obvious?
-What do you mean? -I mean my voice.
Isn't it obvious why I want to change my voice?
No.
Well, Mr. Emmerich would certainly think it was obvious.
He'd say my voice is the reason
why I never got anywhere in life.
And you believe that?
Well, yes, I do.
I was never successful in business and I certainly
was never successful with women.
I mean, women aren't drawn to me at all.
Mr. Emmerich said he would fix all that.
Look, I don't know about being successful in business
or what Mr. Emmerich has to say,
and as far as women being drawn to you,
you know, I've always based my decision on what men have to say
rather than on how they sound.
But you know, that's just me.
I was married to a woman who felt the same way.
-Oh, yeah? -Yeah, she passed away.
Oh. I'm sorry.
Thanks. She was my first and only girl.
Oh. Hey, you know, not for nothing,
but I don't think it's your voice that's the problem.
I mean, despite what Mr. Emmerich has to say.
I sense that you're a very kind and compassionate person.
Would you mind very much is I subpoenaed you?
-Not at all. -Thank you.
Could you tell us, Mr. Turner, why it is
that you frequent prostitutes?
Well, because I know myself.
Because as Amanda indicated I have some fairly exotic sexual needs.
I try not to pass judgment on those,
but I don't think it's right to indulge them with unwilling
or innocent partners.
Would you describe what your arrangement was with Amanda?
I was referred to her by a friend a little over a year ago.
I met with her and I liked her
and I told her very explicitly what I wanted from her.
And she agreed.
If she hadn't, I would have gone elsewhere.
And what about the night of June th, ?
According to Miss Hagan's testimony, on that night
she did tell you to go elsewhere and you refused.
She's lying.
I told her I wanted to break off the association.
Not the other way around.
And what happened when you told her that?
She got very upset.
She suggested before I terminate the relationship
that we try something different.
What was that something different?
She suggested I pretend to r*pe her.
And did you accommodate Miss Hagan's suggestion?
I told her I wasn't sure that's what I wanted to do.
What happened?
She slapped me. I grabbed her wrist,
and she started struggling against me.
Despite my ambivalence, the fantasy was engaged.
I was actually quite startled at how hard she fought against me.
Every time I would let go of her wrist,
she would slap me again.
Finally, I pulled her clothes off and we had sex.
I paid her and I left.
Did you at anytime hit Miss Hagan in the face
or knock her head into the wall?
I suppose that may have happened while we were struggling,
but never intentionally.
And I never forced her to have sexual intercourse.
Thank you.
Your witness.
Didn't it cross your mind, Mr. Turner,
that Miss Hagan might have been fighting as fiercely as she was
because you were hurting her and she wanted to get away?
I know prostitutes, Mr. Mullaney.
I know when they're pretending,
I know when they're sincere.
Amanda Hagan did not want to get away.
How many times have you been with Amanda Hagan
prior to June th?
I don't know.
, ?
A thousand dollars a throw?
That's a significant amount of money.
Well, we all have our vices, Mr. Mullaney.
I suppose that's mine.
Wouldn't the fact that she would say no to you
after you paid her that much money make you mad?
She didn't say no to me.
And I didn't get mad
You say you don't feel right indulging your
exotic sexual needs with an unwilling partner.
-Have you ever done that? -No.
-Never? -Never.
Not even once?
Objection, asked and answered, Your Honor.
Sustained.
You've really got nothing to lose by sitting up there
and lying, do you, Mr. Turner?
Neither does she, Mr. Mullaney.
Hello.
Hello, how are you?
The air in Romania remains redolent of persimmon.
The air in Romania remains...
Leland McKenzie for Mr. Emmerich?
I'll let him know you're here.
Roger and Reginald went river-rafting with Aurora.
Mr. McKenzie, thank you for coming.
I'd rather you handle this than involve the police.
We may have to involve the police. Where is he?
Well, I don't know, he's been passing these out to students.
He says he wants to depose everybody in the school.
Oh, Mr. Fujimoro, you are hereby summoned
to avail yourself for questioning
at the time and the place listed.
Mr. Pencava, you can't subpoena the entire student body.
Why not?
I want to see if anyone else has had an experience similar to mine.
We may be talking a class-action suit.
Are you aware that Mr. Emmerich could
have you arrested for trespassing?
How can I be trespassing?
I'm enrolled to the end of the semester.
Not for the purpose of serving subpoenas.
You're disturbing this man's business,
and you're doing so without any legal basis.
I strongly suggest that you desist, and desist immediately.
I don't think I'll do that.
I'd like to say something.
What is it exactly that accounts for us being here?
A sense of inferiority?
A fear of being judged and found wanting?
I know I carry that around with me.
I have a high-pitched voice, I'm short.
I don't have a full head of hair.
Well, there isn't much I can do about my height.
But as for the hair, I bought a toupee.
As for the voice, I take lessons from Mr. Emmerich.
But every once in a while,
I think of my dear, departed wife.
I think of how utterly unimportant those things were to her.
She loved me, and that was that.
So my question to all of you is
whose opinion are you afraid of?
I say if they judge you by the way you sound,
they matter not.
I say abandon all efforts
and speak with whatever voice you have.
Hello, how are you?
I left my Packard coat in Alberta.
Hello, how are you?
How are you?
Hi.
How was the bar exam?
Tomorrow's the last day.
What are you doing for supper?
I was going to order in a steak from Patrelli's.
Order two, and I'll go pick them up.
-I can't do that, Jinx. -Why not?
If we have dinner together, I'll have a wonderful time.
We'll laugh, we'll talk, and I wont want you to leave.
So?
I've got to focus on this test tonight.
I'm not drinking any coffee,
I'm not chewing any Kohipato gum.
I've got to just shore up my strength
and concentrate on getting through this.
Okay.
Good luck.
Audrey.
Hi, honey.
When did you get here?
Just a few minutes ago.
I spent all day at The Chinos.
The vegetables there are so incredible.
They have striped tomatoes, black cabbage,
like six kind of radishes, four kinds of turnips.
It was amazing.
Wow.
Can we have dinner tonight?
I can't, Audrey.
Why not?
If we had dinner together, I'd have a wonderful time.
We would laugh, we'd talk.
I wouldn't want you to leave.
So that would be a good thing?
I've got to focus on this test tonight.
I'm not drinking any coffee, I'm not chewing any Kohipato gum.
I've got to just shore up my strength
and concentrate on getting through this.
Okay.
What are you gonna do?
I'm gonna go visit my friend Helena.
I'm really sorry.
That's okay.
This test, you're done tomorrow, right?
Right.
Okay, I'll come and see you then.
Bye.
Is counsel ready to deliver closing arguments?
The prosecution would like to call one rebuttal witness, Your Honor,
Susan Davies.
Defense strongly objects to this witness, Your Honor.
Counsel, approach.
Your Honor, this witness is not a rebuttal witness.
She's just part of their case in chief
that they've held back hoping for a greater impact
on their miserably weak case.
This witness was not willing to step forward until now.
I think the jury's entitled to hear her.
Ask that if this witness testifies it be away from the jury
so Your Honor can determine whether the probative value
outweighs the prejudicial.
Mr. Di Stefano, if either a question
or an answer appears inadmissible according
to your interpretation of the rules of evidence,
make an objection and I'll rule on it.
Call your witness, Mr. Mullaney.
Ms. Davies, how do you know the defendant?
I was his secretary at Steeple Records
for about a year.
Would you describe that relationship to the court?
For the first few months, it was pretty standard stuff.
Answering the phones, typing letters,
taking dictation.
How did that change?
It was kind of gradual.
At first he'd tease me about my boyfriend,
ask me where we went.
How serious we were getting.
Then he wanted to know details about my sex like,
and he got very graphic about his sex life.
Objection, relevance.
Your Honor, I would respectfully submit
that the defendant's sexual history
is ay least as relevant as the victim's.
Agreed. Objection overruled.
Did he get physical with you?
He'd grab me.
He'd rub up against me.
He'd make this whole display of looking down my blouse or up my skirt.
One of the last things I remember him doing
was coming out of his office and masturbating on my desk.
Oh, like you had nothing to do with that?
Mr. Turner.
Like you didn't play the little coquette?
Mr. Turner, if you say one more word,
I'll hold you in contempt.
Proceed, Mr. Mullaney.
Why did you continue working for him, Miss Davies?
He kept promising to introduce me to important people
who could help my career.
Finally, that wasn't a good enough reason.
I went into his office and told him I didn't want to work for him anymore.
What happened when you did that?
He started yelling, telling me all the things he thought were wrong with me.
My clothes, my voice.
The way I smelled.
Then he shoved me onto the couch
and pinned my hands behind my back.
He started unzipping his pants and shoving...
putting... pushing his knee up under my skirt.
He tore my skirt...
What happened then, Miss Davies?
Someone knocked at the door.
It was almost like he came out of a trance.
He told the person to go away,
and then he just got up and went into this bathroom.
And...
And I just ran out.
If that person hadn't knocked, I'm sure he would have r*ped me.
Objection, speculation Your Honor.
Sustained. The jury will disregard the witnesses last comment.
I have no further questions.
Were there any witnesses to these alleged incidents, Miss Davies?
No.
Did you ever press as*ault or sexual harassment charges
against Mr. Turner?
Mr. Turner made it quite clear to me
that if I did, I could forget about a career
in the recording industry.
So you kept right on working for him even after all this?
I transferred to record promotions.
Been over a year since all these alleged incidents
took place, Miss Davies.
Why come forward now?
When I heard he actually r*ped someone,
I couldn't keep quiet.
Maybe if I had reported him
or brought charges against him before,
this wouldn't have happened.
So your coming here today wouldn't have anything to do
with the fact that Mr. Turner rejected your request
for a promotion to a better position at artist and repertoire?
No, it would not.
Thank you.
No further questions.
What we have here, ladies and gentlemen,
is a conflict in testimony.
Amanda Hagan says Rick Turner r*ped her.
Rick Turner says they had consensual sex.
Just like they had been having consensual sex for a year
proceeding the encounter in question.
So who you gonna believe?
Rick Turner is a respectable and very successful business man.
He readily admits to having unusual sexual habits.
He also admits he goes to prostitutes.
But if he wasn't getting what he wanted from one prost*tute,
he went on to the next.
He didn't b*at them up and r*pe them.
Now, Amanda Hagan, on the other hand, lies for a living.
She makes her money by faking pleasure,
by telling men whatever she has to in order
to make them come back for another session.
So today, she comes into this courtroom and decides
to lie a little more by accusing a wealthy client
of r*pe and going after a big payday in civil court.
Ladies and gentlemen, in order to convict Rick Turner,
you have to believe beyond a reasonable doubt
that what happened between he and Amanda Hagan
was not consensual.
You thus will be sending a man to prison
on this woman's word, and on her word alone.
I ask that you search your hearts fully
before you do such a thing.
Is it possible to r*pe a woman
who sells her body for sex?
Well, if you put your car up for sale,
and someone forcibly takes it from you,
that's theft
in the same way, that raping a prost*tute is r*pe.
The critical issue, the only issue
is consent.
Did Amanda Hagan consent to having sexual intercourse
with Rick Turner?
Did she consent to him hitting her?
To his ramming her head into a wall?
The answer is no.
She said no,
and she said it to a man
who wouldn't take no for an answer.
I suspect that in his heart of hearts,
Rick Turner doesn't believe that we he did was a crime.
Anymore than running over a small animal in the road is a crime
or kicking a dog.
It's your job, ladies and gentlemen, to let him know
that the r*pe of a prost*tute is indeed a crime.
That it's a crime of the same magnitude
as the r*pe of a school teacher
or a waitress or a nun.
The state of California asks you to recognize
what happened to Amanda Hagan
for what it was,
and that you punish the man responsible.
Well, what do we have here?
Good afternoon, gentlemen.
Good afternoon.
Leland McKenzie, this is Valerie Briggs.
She's joining me as co-plaintiff in my suit.
It's a pleasure to meet everybody.
You have a lovely office.
Thank you.
And of course, you know Mr. Emmerich.
Hello, Valerie.
Hi, Mr. Emmerich.
I'm sorry about suing you,
but Francis was very persuasive.
Mr. Pencava, before we go any further.
Mr. Emmerich has something he'd like to say to you.
Oh, afraid your deceitful empire is about to crumble, Mr. Emmerich?
No, Mr. McKenzie has assured me that your lawsuit will be dismissed shortly,
but I'm deeply concerned
about the level of anger you have towards me.
In an attempt to reconcile with you,
Mr. Emmerich would like to offer one year's worth of one-on-one training
absolutely free.
Oh, why would I put myself through that again?
The humiliation, the failure.
Because during your oratory yesterday,
I detected a distinct improvement in tonal quality, Francis.
You were actually resonating.
-I was? -Oh, yes, indeed.
I heard nuance, I heard color.
I believe we experienced our breakthrough.
Wow!
This isn't a trick, is it?
No, I don't engage in trickery when it comes to the voice.
Besides, Francis, how do you think
you were able to exert such a powerful influence
over Valerie?
All right, Gentlemen.
Let's talk turkey.
In addition to a year's free instruction for me,
I insist that Valerie get the same deal.
On one condition:
I get the right to use both of you as case studies in my next book.
What do you think, baby?
I think we should do it, Francis.
We'll be famous!
Deal.
-Good. -Good.
Has the jury reached a verdict?
We have, Your Honor.
What say you?
In the matter of the people vs. Rick Turner,
we find the defendant guilty of r*pe.
Sentencing hearing will be held in days.
The jury's dismissed with the thanks of the court.
Thank you.
I can't believe how exhilarated I feel right now.
Well, you're entitled, you did good, right?
I don't even care how I did.
All I care is that it's over.
The world with all its infinite glories
is once again open before me.
I can take a walk, eat in a restaurant.
Enjoy the company of a beautiful woman.
Which one were you referring to?
Jinx or Audrey?
It's amazing, isn't it?
I've always had enough difficulty getting one woman to go out with me.
All of a sudden I have a surfeit of riches.
Mmm.
Oh my God.
[sighs]
Hello, Eli.
Was I supposed to meet you here?
I knew you'd be done with the bar, so...
I came by.
I was waiting when she arrived.
Audrey explained that the two of you had made plans?
So we decided to wait for you together.
You decided to wait for me together.
So, now you're both mad at me?
You weren't honest, Eli.
You weren't honest with me and you weren't honest with her.
You told me that you weren't involved with anyone.
And you didn't tell me anything.
How about I didn't want to hurt anybody's feelings?
How about my life has been in a state of flux?
I changed homes, I changed jobs.
It's not unreasonable to think that significant relationships
will also change.
Does that mean you want them to?
I don't know. I don't know what I want.
What I do know is that I've been under a lot of pressure.
I just finished an incredibly grueling few days
which paid off in the fact that I believe I aced the California bar exam.
Which happens to be one of the most difficult in the entire country.
I think I deserve some congratulations for that.
I think that for about five minutes
I deserve to just be utterly relieved
and utterly happy.
Nice meeting you, Audrey.
You're leaving?
I think you have a few things to discuss between the two of you.
Is there anything I can say right now that will make everything okay?
I don't think so.
Everything isn't okay, Eli.
You moved to Los Angeles and a part of me
actually believed that really didn't mean anything.
But it means a lot.
I wasn't moving away from you.
I know.
But the fact is you are away from me.
We can talk on the phone, we can see each other once in a while,
but gradually, it just becomes about catching up.
About what's already happened.
I don't think that's what either of us want.
I still love you, Audrey.
I love you, too.
What are you gonna do now?
I'm going to go to the airport
and I'm going to get a flight back to New York.
Umm...
take care of yourself, okay?
[knocks]
Judge Walker?
Come in, Mr. Mullaney.
You wanted to see me?
Yes.
Is there some problem about the Turner trial?
No.
Oh, okay.
I, uh... I just wanted to let you know
that I'll be recusing myself from any cases in which you're the prosecutor.
Oh, why?
Because I find you extremely attractive.
You do?
Yes, I do.
And I don't want my persona feelings
to interfere with any ability to maintain judicial impartiality.
Are you involved with anyone?
No.
Do you find me attractive?
Yeah.
I'd like to make a date right now, but I think
we ought to let the dust settle on the Turner case, don't you?
Yeah... I do.
So...
I'll be in touch.
Okay.
This... attraction.
It doesn't have anything to do with the decisions
that you made in my favor, during the Turner trial, does it?
You didn't find my decisions questionable, did you, Mr. Mullaney?
No.
Well, there you are.
Right.
Phew...
♪♪ [theme]