Law & Order (1990) s11e09 Episode Script
Hubris
NARRATOR: In the criminal justice system the people are represented by two separate yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
Morning.
Adam? Corinne? Hello? Oh, my God! God! (SOBBING) Oh.
My God! They were herded in here, bound, gagged and shot.
Old man's got defense wounds on his hands and arm.
Put up a struggle.
Little girl got it in the back.
Others got shot in the head execution style.
.
45.
Yeah.
He didn't want to take a chance on anybody surviving.
Time of death? Tentatively, yesterday afternoon between 2:00 and 4:00.
You got any ID's? Yeah, Adam and Corinne Bennett, owners.
Gail Churchill, jewelry designer.
Her daughter, Ellie.
Get the tapes from the surveillance cameras.
Got it.
ED: Lennie, this is Rebecca Kent, she's the assistant manager.
Ellie just had a birthday.
She was six.
Uh, you weren't here yesterday? I would've been but my mother broke her foot and Adam told me to take the day off.
They always put family first.
So you gonna be okay getting us an inventory list, so we can see what's missing? We got two people outside for you to talk to.
BRISCOE: We'll be right with you.
We also need the names of ex-employees and delivery people.
This officer will go with you.
Okay.
I saw them around came in to show them new pictures of my grandson.
I'm two doors down, the bookstore.
You saw all four of them? Adam and Corinne.
I didn't see Gail or the little girl, they must've been in the back.
What were the Bennetts doing? Adam was buried in a stack of invoices, Corinne was polishing a bracelet.
But it doesn't make sense, I came by at 3:30 to have a ring resized, closed sign was on the door.
Did you have an appointment? No, they were always open till 6:00.
MAN: Yeah, that's the truth.
In 30 years Adam never closed early but once, when Corinne went into labor with their son.
Where is he? He teaches at the London School of Economics, hasn't been home in 18 months.
We got a problem.
What? Security tapes are gone.
Now what am I gonna watch tonight? It just keeps going through my head, over and over.
If I'd picked my daughter up from school yesterday, she'd still be here.
Why didn't you? I was at work.
Around lunch I started feeling a little off, like I was coming down with something.
So I called Gail and asked her to cover for me.
Then I went home and crawled into bed.
You and your ex-wife were on good terms? We had joint custody, we had to be.
What time did Ellie get out of school? And the school is located where? Upper East Side, 86th and 3rd.
So Gail couldn't have gotten to the Bennett's much before 4:00? Later than that.
Ellie had a dentist appointment after school.
Are you sure? ED: Your man on the scene put the time of death between 2:00 and 4:00 p.
m.
and two of the victims were at a dentist's office across town at that time.
Mmm-hmm.
Till after 5:00.
Can I get a word in here? Mr.
and Mrs.
Bennett were killed around 3:30.
Gail Churchill and her daughter died two or three hours later.
Two or three hours? VAN BUREN: So he slaughters the Bennetts and then hangs around the crime scene for more than two hours? What was he doing, trying on the goods? Well, more likely, he was waiting.
For Gail Churchill.
Killer had reason to believe Gail would be there.
There's no way he could know she was picking her daughter up.
She messed up his plan.
Murder one, staged to look like robbery.
Let's find out who wanted Gail Churchill dead.
WOMAN: Everybody loved Gail.
She was one of those people who lit up the room when she came in.
People gravitated towards her.
What about her ex-husband? He gravitated towards her checkbook.
David was always full of big dreams that never went anywhere.
Gail had finally had it with supporting him and filed for divorce.
She supported him? So, she was pulling in good money? Her jewelry line was really taking off.
She worked hard for her success.
Detective, I admit that we weren't particularly fond of David, but he just couldn't have done this monstrous thing.
If you'd have seen him with Ellie, you would've known that.
Does the name Jeff Barnes ring a bell? He was her dentist.
Hmm.
And Mary Fazekas? Maybe a school friend or a business acquaintance? Why? Cause there's an entry here the day before the murders.
Susan Prescott? Her attorney.
Okay.
All right.
What about this guy, Mark I.
? He's in here a lot.
Mark Landry.
Real estate broker.
They met when Gail was apartment hunting after the divorce.
He found this place for her.
They started dating after the closing.
They've been seeing each other for the past few months.
We were very happy about that.
BRISCOE: Mr.
Landry, we know this is a difficult time.
Yes.
I want to help in any way I can.
Do you know if Gail had any enemies? I thought it was a robbery.
We just need to cover all our bases.
Speaking of which, where were you? Carrington House.
I was showing a coop there.
I can't believe you think she was a target.
You can't think of anybody she might've had problems with? Her ex-husband.
But I can't think he would've done it, I mean, Ellie was their daughter.
Well, whoever did it got away with about 70 grand in merchandise.
We hear the ex was always a little short.
That's along way away from what you're suggesting.
I mean, I didn't like the guy, but I can't think that You didn't like the guy? Why? Gail was a wonderful woman and she deserved to be appreciated and loved.
David was just all about himself.
David Churchill was married to a jeweler for five years, I think he might know how to unload some hot rocks.
Byrne went to their bank.
Mr.
Churchill's checking account, $832 and some change, last deposit a week ago, just under $100.
All that proves is he's not stupid enough to put the proceeds in the bank.
VAN BUREN: He may not need the proceeds.
BRISCOE: What's that mean? Same bank, Gail Churchill set up a trust fund for her daughter.
In the event that both Gail and Ellie died, David is the beneficiary.
For how much? A quarter of a million.
Damn.
How do we get around the time discrepancy? I mean, killer went to the Bennett's at 3:00 thinking Gail would be there.
David Churchill knew she wasn't gonna be there, 'cause she went to pick up the daughter to take her to the dentist.
A bluff to throw suspicion off himself.
Well, why don't we move out of the realm of speculation, if we can, and bring him in for a chat.
The trust fund? I assumed Gail changed the beneficiary after we got divorced.
That is the exact position that I would take if I were in your shoes.
I buried my only child two days ago.
You have no idea what that does to you.
I did not kill her and I can't comprehend why anybody would! Look, we talked to a lot of Gail's friends, they said you didn't want the divorce, that you were constantly hitting her up for money and that you didn't like the fact that she was dating again.
I had no problem with her dating.
I just didn't want that Landry guy around my daughter.
Why's that? I don't like him.
Apparently the feeling's mutual.
So, where'd you go after you left work the day of the murders? I told you, I was sick.
I went home! (KNOCKING ON DOOR) Latent got a match on some prints.
We got a hit on prints that were found both in Gail Churchill's apartment and in the jewelry store.
Ex-con named Richard Morriston.
Who? Fraud arrest in Colorado two years ago, pled guilty to a misdemeanor.
Two domestic abuse arrests, one in Chicago, one here.
The local woman's name was Susan Kimball.
Guy gets around.
Got a mug shot? Sure.
(TYPING) Oh.
Mark Landry.
Gail Churchill's new boyfriend.
Not anymore.
SUSAN: Richard Morriston, huh? I knew him as Kevin Massey.
He had just gotten his real estate license.
He found me an apartment, which I was dumb enough to let him move into after he'd blinded me with charm.
What went wrong? I suspected he was accessing my corporate accounts and using insider information to make stock trades.
BRISCOE: You confronted him? He has sensitive antenna.
He knew something was wrong and asked me what it was.
So I told him.
Big mistake.
Ms.
Kimball, the police report says your injuries kept you in the hospital for two days.
Why'd you drop the charges? I was afraid of him.
What's he done? It's not clear yet, but he's left an unattractive trail from Denver to Chicago to here.
Denver? He told me he came here straight from Utah.
According to Salt Lake City PD, Morriston dropped out of University of Utah Law School in '94, right after the disappearance of his girlfriend, Beth Fazekas.
She was never found.
The Mary Fazekas in Gail Churchill's appointment book, that's Beth's mother.
We spoke to her this morning.
She said she never heard of Gail Churchill.
She's convinced Morriston murdered her daughter.
She's been waiting six years for a break in the case.
She's flying in.
So obviously Churchill found out about Morriston's past.
VAN BUREN: More than that.
She must've known something that put him in danger.
Nail it down and we've got a motive.
How does a con man bamboozle so many smart women? Practice, practice, practice.
You ever hear of an outfit called lntelli-mate? Yeah.
They run background checks for suspicious lovers.
How romantic.
You use them? (SCOFFS) What you got? MasterCard charge, two weeks ago.
Seven hundred bucks to lntelli-mate.
So most of your customers are women? Today's world, a woman's gotta be nuts to date someone without running a check.
Here we are.
Gail Churchill, gave me a name and social security number.
Said she wanted us to run a check on Richard Morriston.
We found three arrests, four known aliases.
Suspected in the unsolved disappearance of a girl in Utah.
Did Ms.
Churchill say how she came by the social security card? She was dating a guy named Landry.
Found Morriston's card in his wallet.
I guess it set off a red flag.
And you mailed this information to her apartment? We don't do that for security reasons.
I called her when it was ready, she picked it up.
Day before the murders.
We don't want to hold out any false hopes, Mrs.
Fazekas.
Don't apologize, Detective, I know you're not working on my daughter's case.
Yeah.
I just want to help.
This is Detective Green.
Hello.
Hi.
Can you help us with this? That's him.
My God.
ED: You recognize Ms.
Churchill? No, it's the necklace she's wearing.
It was my daughter's.
So this is it.
I've always known Beth was dead but seeing this necklace Are you sure it's the same? My husband and I gave it to her.
A heart-shaped diamond surrounded by rubies.
We had it made for her 18th birthday.
Did you find it? No, no ma'am.
Do you have any receipts or anything authenticating the necklace? My husband registered it with Gemprint.
It's a private appraisal and registration service.
We use a laser-based scanner that interfaces with a PC.
Fazekas, Carl, here's your stone.
Originally registered in Salt Lake City.
Originally? Uh, apparently it got sold somewhere along the line, 'cause we re-registered it a few weeks ago.
We're talking about a necklace, right? A heart-shaped diamond with rubies? (TYPING) Right here.
Who registered it the second time? Churchill, Gail.
Did you tell her she wasn't the first? She seemed puzzled, didn't say why.
So Landry/Morriston gives Gail Churchill the necklace and a story to go along with it.
Yeah, probably that he had it made especially for her.
She's a jeweler so she knows it's valuable, and she knows about Gemprint, so she takes it there to get it registered.
Yeah.
Surprise! Surprise! Now she's suspicious, so she goes to his wallet and finds Morriston's social security card.
And lntelli-mate puts it together for her.
Morriston know he's a suspect? Not from us.
So far he's just been a friendly witness.
All right.
Let's find him, keep him occupied until we get a search warrant.
Isn't it awful? That poor little girl.
Mark has been so upset.
Could you tell him we're here? Oh, I'm so sorry, he called in from the field after you called and he said he really wants to talk with you.
He's not here? No, he's not here at the moment.
He said something came up and he just has to swing by his apartment on the way in.
What time did you speak with him? About half an hour ago.
Something wrong? Hey look, man, that's what you said five minutes ago.
We need that warrant now.
Thank you.
There's been some kind of glitch.
They're trying to track it down.
Hey, why don't you guys wait outside until you get your warrant? I guess we won't have to.
Too late.
Thanks.
You forget something, Morriston? I don't see a warrant.
It'll be here in a minute.
It is my understanding that "in a minute" and "right now" are two entirely different things.
Excuse me.
COP: Lennie.
You got some tweezers, lover boy? What we'd love to have happen here, Morriston, just as a sideline, is you tell us where Beth Fazekas ended up.
Her mother's a nice lady, maybe you'd like to help her out.
I don't know where Beth is.
How did I know you were gonna say that? ED: Lennie, look what was in the crawlspace above the closet.
Labels say "Surefire Security.
" You one of those psychos who collects trophies? JACK: The only deal on the table is a plea of guilty to the top count of the indictment.
Your indignation is based on fuzzy tapes showing a man who could be anybody.
CARMICHAEL: Tapes that were recovered from his apartment.
The video shows Mr.
Morriston leading four people to their death.
And the police found the lntelli-mate report in his desk at his office.
A desk to which 40 people have unfettered access.
RICHARD: I don't blame you.
I know how this looks, but I didn't kill those people.
It's gonna take more than a smarmy imitation of sincerity to explain away those tapes.
LYMAN: Coincidentally, motion to suppress the tapes and anything else found in his apartment.
Your legal theory being? Your detectives seized Mr.
Morriston's apartment prior to the issuance of a valid search warrant.
A toothpick? What were they thinking? Jack, what were they supposed to do? Let Morriston into his apartment, burn the tapes, throw them out the window? In about an hour, they will be thrown out the window by Judge Bradley.
It's only because of those tapes that we know what really happened.
Too bad the jury won't.
At least we have the necklace.
And we know he's lying about his alibi.
Morriston claimed he was showing an apartment at Carrington House when the murders took place.
But now we know where he was.
Tapes put him at the crime scene.
But if Jack's right, we're the only ones who'll ever know.
If we can't prove where he was, we'd damn well better be able to prove where he wasn't.
You go over his alibi again.
Let's account for every minute of his day.
I'll go wrangle with Judge Bradley.
The insertion of the toothpick constituted an unlawful seizure of my client's apartment.
Mr.
Lyman's desperation is showing, Your Honor, because that videotape irrefutably shows his client's guilt.
The detectives were merely securing the premises while awaiting the warrant.
They had no right to secure the premises prior to its arrival.
If they hadn't, his client would have destroyed evidence.
Are you arguing there were exigent circumstances, Counselor? Certainly there was exigency.
The defendant has a history of wriggling out of damaging situations.
People v.
Calder.
Unless the police believed there was an imminent risk of bodily harm to another, they clearly violated procedure.
Your honor, the arrival of Mr.
Morriston and the arrival of the warrant were virtually simultaneous.
I understand the People have powerful evidence, Mr.
McCoy, but there's no way around the Fourth Amendment here.
The tapes are out.
For God's sake judge, did you watch them? I did not.
I knew I had to exclude them.
I didn't want them to taint my objectivity.
Landry, Morriston, whatever the hell his name is he certainly wasn't at Carrington House when we were there.
And what time was that? We got there a little after 5:00.
Your appointment with him was for 4:30? We're busy people, Ms.
Carmichael, I mean, he was working for us, he should've waited.
Okay.
So you talked to him later? Yes.
He said he waited for 30 minutes, then went to do something else and came back later.
Obviously, after we left.
When was that? It was 5:20.
We waited for 15 minutes.
CARMICHAEL: The doorman at the Carrington House said that Morriston showed up one late afternoon in November carrying a gym bag.
JACK: Can't pin down the date? CARMICHAEL: No but he said it's the only time he's ever seen Morriston carrying anything but a briefcase.
So Morriston made the appointment for 4:30, thinking he'd have an hour and a half to kill those people, grab some jewels and still make his appointment.
But Gail Churchill wasn't where she was supposed to be, he had to wait for her.
And then he put in an appearance at Carrington House just to cover himself, if that was the day he carried the gym bag.
Well, it had to be, Jack.
He had to have some way of carrying the gun and the jewels out of the store.
Is the apartment Morriston was supposed to show still empty? The new owners are doing some remodeling before they move in.
The workers start on Thursday.
Make sure Briscoe and Green have warrant in hand this time.
And no toothpicks.
My maintenance people say Mr.
Landry was in this apartment at least four times between November unavailable for further visits.
Did Landry have access to any other empty apartments? This is the only one he was showing at the time.
Power switched off? When the apartments are vacant, yes.
What if a realtor wants to show this place at night? Where'd you find it? They were hidden in a locked electrical room.
The manager says Morriston had a key.
Hey, guys, how much law school did Morriston have before he dropped out? JACK: Why? I have both a statutory and a constitutional right to represent myself, Judge.
I advise you against this course of action, Mr.
Morriston.
The standard is a knowing, voluntary and intelligent waiver of the right to counsel.
I'm exercising it.
I don't want his conviction overturned because of inadequate representation.
The defendant is within his rights, Mr.
McCoy.
I request you appoint Mr.
Lyman as his legal advisor.
Mr.
Morriston? It's fine with me, Your Honor.
Then, if there's nothing else RICHARD: I'd like to request bail.
Mr.
Lyman should've made application for bail after the tapes were excluded based on changed circumstances.
The man is a vicious predator and he's a flight risk.
Mr.
Morriston has lived in New York for three years, he has close ties with the community, he has a job to go back to after he is acquitted.
Your Honor There is no basis for denying bail.
Don't try to tell me my job, Mr.
Morriston.
You either, Mr.
McCoy.
Bail for this defendant is set in the amount of $1 million.
Your Honor, one more thing, I move to suppress the necklace and my prior arrest record.
The necklace has no bearing on this case.
That's absurd.
Gail Churchill's discovery of the circumstances of the necklace provides the defendant with motive.
I agree with the People on the necklace.
It is inextricably linked to this case.
As for the fraud conviction, I'll let the conviction come in, Mr.
McCoy, but not its underlying facts.
Your Honor That's enough, Mr.
Morriston.
You have atrial to prepare for.
JACK: This will be a difficult time for all of you.
You'll be asked to examine horrifying photographs of a savage crime.
You'll be asked to confront the fact that this well-dressed, soft-spoken defendant is capable of terrible barbarity.
The state of New York appreciates your putting your own lives on hold in order to seek justice for the four victims of Mr.
Morriston's butchery.
I agree with Mr.
McCoy.
These victims cry out for justice and I'm grateful that the state of New York has the resources to avenge these terrible killings.
My girlfriend and her sweet little daughter.
Mr.
and Mrs.
Bennett, a lovely couple, who never harmed a soul.
Justice demands condemnation of the guilty, not the sacrifice of the innocent.
And I stand here before you, an innocent man.
I ask you please, please pay close attention to Mr.
McCoy's case and decide whether you see one shred of evidence that proves my guilt.
The rest of my life is in your hands.
Thank you.
HERRICK: The spatter patterns were clear.
Mr.
Bennett was shot first, Mrs.
Bennett second, then Mrs.
Churchill and finally the little girl.
Could you describe the child's wounds? Objection, Your Honor, this is clearly Mr.
Morriston, it's customary to stand when addressing the court.
I think Yes, sir, I apologize.
I think Mr.
McCoy is attempting to prejudice the jury.
The jury can't render a verdict unless it's made aware of the nature of the crime.
These are intelligent, sensitive people.
You're forcing them to dwell on the horror of this carnage.
Mr.
Morriston, please address your remarks to the court, not to opposing counsel.
And keep your voice down.
I'm sorry, sir, I didn't know.
Now you do.
The witness may answer the question.
Ellie Churchill sustained a single gunshot wound to the back.
It perforated her heart.
Death was instantaneous.
Thank you.
Nothing further.
Mr.
Morriston? Your Honor, there's no debate that the victims are horribly dead.
I'm not sure what to ask.
Mr.
Lyman? In your examination of the bodies, did you find any forensic evidence that enabled you to determine the identity of the killer? HERRICK: I did not.
LYMAN: Thank you.
JUDGE: Mr.
Morriston, do you have any further questions? No, I'm through, Your Honor.
There is more flirting going on in there than at spring break on Padre Island.
That's how Mr.
Morriston's gotten through life, by turning on the charm.
Well, shouldn't we notify Judge Bradley? I need something more tangible.
See if Lieutenant Van Buren can spare the manpower to keep tabs on him when he's not in court.
Beth disappeared on October 3rd, 1994.
She'd asked me if she could use our house outside Provo for a few days.
The police told us she never made it there.
Did Beth say she'd be going by herself? Yes, she said she wanted to be alone to think some things through.
JACK: Did she say what things? She said she didn't want to talk about it yet.
I got the impression that things weren't going well with Richard.
Objection, speculative.
JUDGE: Sustained.
People's four, Your Honor.
This is the photograph of the defendant with Gail Churchill.
Have you seen this photograph before? Yes.
The New York police showed it to me.
I told them this necklace was my daughter's.
Do you know how it went from your daughter's possession to Ms.
Churchill's? LYMAN: Objection.
Calls for speculation.
Sustained.
I have nothing further.
Mary, you know me.
You know how I felt about Beth, you can't think I'd have harmed her.
Does Mr.
Morriston have a question for this witness he'd like to share with the rest of us? JUDGE: Mr.
Morriston, speak so the court can hear you.
When Beth disappeared, what was my reaction? You pretended to be frantic.
LYMAN: Your Honor JUDGE: Mrs.
Fazekas, your opinions and intuitions can form no part of these proceedings.
Please stick to the facts.
Mr.
Morriston? I can't do this.
JUDGE: Would you like Mr.
Lyman to take over? No, sir, I'd rather not put this lady through any more of this.
No further questions.
Do you recognize these items? Yes.
That's the murder weapon and that's the merchandise taken from Bennett jewelry.
Where did you recover them? They were hidden in an electrical room on the 10th floor of Carrington House.
The apartment Mr.
Morriston was supposed to show that day what floor was it on? Ten.
Thank you, Detective.
Nothing further.
Were my fingerprints on any of these items that you found? The evidence indicated the killer wore gloves.
RICHARD: I'm sorry, Detective.
I believe that that was a yes or no question.
JUDGE: Yes or no, Detective.
(SIGHS) No.
Did you try and link me with the gun? Yes or no? BRISCOE: Yes.
And were you successful? Yes or no? No.
Thank you.
RICHARD: Detective Briscoe, when you and your partner talked to me after the murders, did you ask me where I was on the afternoon of the 12th? Yes.
You said you were showing an apartment at Carrington House.
Thank you.
That's all.
Nothing further.
(WHISPERING INAUDIBLY) Approach, Your Honor? JUDGE: Mr.
Morriston.
My opinion, we have a serious problem with juror number one.
Send the jury out.
I will see the rest of you in my chambers in one hour.
Judge Bradley, he's flirting with the jury foreperson and she's flirting with him.
Your Honor, I was simply addressing the jury.
Is that wrong? So, what do you suggest, Mr.
McCoy? I can't order the jury to wear blindfolds.
The People request you remove juror number one and seat an alternate.
JUDGE: On what grounds? Do you have any evidence the defendant is improperly influencing members of this jury? He's contacting them outside of the court? That he's offering them inducements? I believe there's a considerable amount of unspoken communication going on between the two of them.
Mr.
McCoy, I'm afraid I'll need a lot more than that to remove a juror mid-trial.
People's request denied.
Mr.
Morriston, this court is not a singles bar.
You will conduct yourself with the proper decorum.
There is no margin of error in the process, Mr.
McCoy.
The Gemprint system is as accurate as DNA.
So your testimony is that the necklace registered by Mr.
Fazekas in Utah, is the same necklace Gail Churchill registered in New York? Yes, sir.
Thank you.
I have nothing further.
Is it your understanding that DNA is an infallible identification technique? Pretty close.
So, when you compare your technique to DNA you're saying that Gemprint comes "pretty close" to being accurate? That's not what I said.
That's what some of us heard.
Um No more questions.
Thank you.
Mr.
McCoy.
The People rest, Your Honor.
Is the defense ready to proceed with its case? Yes, sir, we call Annette Perry.
Your Honor There's no such name on the witness list.
Mr.
Lyman? Mr.
Morisston informed me only today, Your Honor.
Ms.
Perry is an alibi witness.
If the defendant has an alibi witness, the People have a right to statutory notice.
You have 48 hours to check out the witness.
(GAVEL BANGING) Annette Perry is the receptionist at the realty company where Morriston works.
According to several of her co-workers, she's had the hots for Morriston, who, up until now, has shown zero interest in her.
What kind of interest is he showing now? Well, according to the cops, he's had dinner at her apartment twice in the past couple of days, each time he stayed several hours.
Track down Judge Bradley and have the cops find out where Ms.
Perry really was that afternoon.
They're already on it.
Putting this woman on the stand amounts to suborning perjury.
Judge, there's nothing to say the witness is lying.
The tapes say it.
The tapes aren't part of the evidence.
Mr.
Morriston is with Ms.
Perry every night of the week, Your Honor.
How do you know that? I instructed the police to keep tabs on him.
We think he's a flight risk and his inappropriate behavior towards the jury may extend beyond the courtroom.
Since Mr.
Morriston is acting pro se, having him followed is tantamount to intimidating counsel, Mr.
McCoy.
Call off the dogs.
Mr.
Morriston, you do understand what suborning perjury means? Ms.
Perry can prove that I did not commit the crime, Your Honor, you can't refuse to let her testify.
JACK: She's on the stand, Mr.
Morriston, feeding her leading questions.
You think I'm some kind of Svengali? Fine.
Let Mr.
Lyman question her.
I'll sit in my seat and not say a word.
JUDGE: Mr.
McCoy? Still clearly perjury, Your Honor.
He has a right to an alibi witness, Mr.
McCoy.
Send in the jury.
Do you remember where you were the afternoon of November 12th of last year? I was with him.
He was showing me around Carrington House.
I told him how much I would love to see inside a famous building like that, and he was nice enough to show it to me.
What time did you and he arrive at Carrington House? We got there a little after Did the defendant ask you to come here and lie for him? He wouldn't do that.
Thank you, Ms.
Perry, that'll be all.
Are you in love with the defendant, Ms.
Perry? Objection, relevance.
It's obvious, Your Honor.
JUDGE: Overruled.
Go ahead, Mr.
McCoy.
Ms.
Perry? We have a strictly professional relationship.
Have you had dinner with Mr.
Morriston recently? Just the two of you? Yes, several times.
Where? In my apartment.
JACK: And these meetings were strictly professional? PERRY: Yes, sir, they were.
JACK: What was the business you and Mr.
Morriston had with each other on these occasions? He was helping me study for my real estate exam.
And he was doing this out of the goodness of his heart? Yes.
He's a very generous, thoughtful person.
I told him it could wait until after the trial, but he insisted.
JACK: Where were you on November the 12th, Ms.
Perry? Objection.
Asked and answered, Your Honor.
JUDGE: Sustained.
Are you aware of the penalty for perjury? LYMAN: Objection.
Mr.
McCoy? Nothing further.
LYMAN: Richard, I would like to take you through Mr.
McCoy's case, and I would like you to address the jury directly.
If you were already at Carrington House, why didn't you keep your 4:30 appointment? Annette was having such a good time I hated to cut it short and disappoint her.
I can reschedule an appointment at any time.
Did you ask Annette Perry to lie for you? No, I did not.
Now, about the gun and the jewels.
Do you have any explanation as to why they were found at Carrington House? Well, I don't know that they were, Mr.
Lyman.
I only know that the police say that they were.
Richard, did you kill any of these people? Adam and Corinne Bennett? No, I did not.
Gail Churchill? God, no.
Ellie Churchill? No.
Thank you, Richard.
I notice Mr.
Lyman didn't ask you about the report from Intelli-mate that was found in your office.
Is that because you're having trouble coming up with a lie that covers that circumstance? LYMAN: Objection.
JUDGE: Sustained.
Watch your step, Mr.
McCoy.
How did that report come into your possession? I don't know, Mr.
McCoy.
Perhaps the police planted that, too? That would explain it.
Did the Denver police plant the evidence that led to your fraud conviction there? Objection.
Overruled, the witness will answer.
I don't think they framed me, I think they just made a mistake.
You're asking this jury to believe that New York police framed you, the Denver police are incompetent and that Beth Fazekas's necklace wound up in your possession by coincidence.
I don't have any other explanations, Mr.
McCoy.
Twenty-four hours after Gail Churchill found out whose necklace you gave her, she was dead.
Are you asking this jury to believe that those two events are unrelated? You can pile up coincidences, Mr.
McCoy, you can slather on the sarcasm, but you will not get me to say that I killed anybody.
Because I did not.
Don't you think your lies amount to a confession? LYMAN: Objection.
JUDGE: Sustained.
Rephrase, Mr.
McCoy.
Withdrawn.
Based on your note, Madam Foreperson, I see you are still unable to reach a verdict.
Is that correct? Yes, Your Honor.
I also understand that further deliberation would be pointless.
Is that correct? Yes, Your Honor.
Thank you.
Thank you for seeing through the lies (GAVEL BANGING) Quiet, Mr.
Morriston.
Counselors, based on that record, I have no choice but to declare a mistrial.
Ladies and gentlemen, you're excused.
(GAVEL BANGING) How far are we from going to trial on the serial rapist? The defense just asked for their third continuance and Lewin wants me to give it to them.
Well, we're about to get buried on our car-jacking friend.
What can I do? (KNOCKING ON DOOR) Can I talk to you? Come in.
I think I made a terrible mistake.
He did it, didn't he? Yeah.
He did it.
Why exactly are you here, Ms.
Gibbons? I'm afraid I may have used undue influence as the foreperson.
HOW? I used my position to keep pushing for a not guilty verdict.
Why did you do that? I thought he was innocent.
I thought we had this magical connection.
That he was this once-in-a-lifetime soul mate.
You thought all that without ever actually speaking to him? Unless you did.
We went out to dinner.
When? During the trial.
(SIGHS) After the police stopped following him.
We didn't talk about the case at all.
We talked about ourselves.
He listened to me.
He was interested in whatever I had to say.
How long after the trial did he dump you? Two days.
Are you willing to say this under oath? Yeah.
He killed a child.
I'll do anything you want me to do.
So, we retry him for homicide and add jury tampering.
An A misdemeanor.
(CELL PHONE RINGING) His lawyer will maintain it's just the revenge of a woman scorned.
We're not gonna convict this guy of anything, are we? I don't think so.
I think this one walks.
We'll be right there.
Not this time.
BRISCOE: She's washing the dishes, she's got the water running, he comes up behind her, wraps this around her neck, she stabs him.
CARMICHAEL: So, is that what happened, Carol? CAROL: Yes.
So he snuck up behind you? Is that when you reached for the shears? Yes.
Okay.
Marks on her neck consistent with that? Looks like it.
Is she a collar? Wrap it up
These are their stories.
Morning.
Adam? Corinne? Hello? Oh, my God! God! (SOBBING) Oh.
My God! They were herded in here, bound, gagged and shot.
Old man's got defense wounds on his hands and arm.
Put up a struggle.
Little girl got it in the back.
Others got shot in the head execution style.
.
45.
Yeah.
He didn't want to take a chance on anybody surviving.
Time of death? Tentatively, yesterday afternoon between 2:00 and 4:00.
You got any ID's? Yeah, Adam and Corinne Bennett, owners.
Gail Churchill, jewelry designer.
Her daughter, Ellie.
Get the tapes from the surveillance cameras.
Got it.
ED: Lennie, this is Rebecca Kent, she's the assistant manager.
Ellie just had a birthday.
She was six.
Uh, you weren't here yesterday? I would've been but my mother broke her foot and Adam told me to take the day off.
They always put family first.
So you gonna be okay getting us an inventory list, so we can see what's missing? We got two people outside for you to talk to.
BRISCOE: We'll be right with you.
We also need the names of ex-employees and delivery people.
This officer will go with you.
Okay.
I saw them around came in to show them new pictures of my grandson.
I'm two doors down, the bookstore.
You saw all four of them? Adam and Corinne.
I didn't see Gail or the little girl, they must've been in the back.
What were the Bennetts doing? Adam was buried in a stack of invoices, Corinne was polishing a bracelet.
But it doesn't make sense, I came by at 3:30 to have a ring resized, closed sign was on the door.
Did you have an appointment? No, they were always open till 6:00.
MAN: Yeah, that's the truth.
In 30 years Adam never closed early but once, when Corinne went into labor with their son.
Where is he? He teaches at the London School of Economics, hasn't been home in 18 months.
We got a problem.
What? Security tapes are gone.
Now what am I gonna watch tonight? It just keeps going through my head, over and over.
If I'd picked my daughter up from school yesterday, she'd still be here.
Why didn't you? I was at work.
Around lunch I started feeling a little off, like I was coming down with something.
So I called Gail and asked her to cover for me.
Then I went home and crawled into bed.
You and your ex-wife were on good terms? We had joint custody, we had to be.
What time did Ellie get out of school? And the school is located where? Upper East Side, 86th and 3rd.
So Gail couldn't have gotten to the Bennett's much before 4:00? Later than that.
Ellie had a dentist appointment after school.
Are you sure? ED: Your man on the scene put the time of death between 2:00 and 4:00 p.
m.
and two of the victims were at a dentist's office across town at that time.
Mmm-hmm.
Till after 5:00.
Can I get a word in here? Mr.
and Mrs.
Bennett were killed around 3:30.
Gail Churchill and her daughter died two or three hours later.
Two or three hours? VAN BUREN: So he slaughters the Bennetts and then hangs around the crime scene for more than two hours? What was he doing, trying on the goods? Well, more likely, he was waiting.
For Gail Churchill.
Killer had reason to believe Gail would be there.
There's no way he could know she was picking her daughter up.
She messed up his plan.
Murder one, staged to look like robbery.
Let's find out who wanted Gail Churchill dead.
WOMAN: Everybody loved Gail.
She was one of those people who lit up the room when she came in.
People gravitated towards her.
What about her ex-husband? He gravitated towards her checkbook.
David was always full of big dreams that never went anywhere.
Gail had finally had it with supporting him and filed for divorce.
She supported him? So, she was pulling in good money? Her jewelry line was really taking off.
She worked hard for her success.
Detective, I admit that we weren't particularly fond of David, but he just couldn't have done this monstrous thing.
If you'd have seen him with Ellie, you would've known that.
Does the name Jeff Barnes ring a bell? He was her dentist.
Hmm.
And Mary Fazekas? Maybe a school friend or a business acquaintance? Why? Cause there's an entry here the day before the murders.
Susan Prescott? Her attorney.
Okay.
All right.
What about this guy, Mark I.
? He's in here a lot.
Mark Landry.
Real estate broker.
They met when Gail was apartment hunting after the divorce.
He found this place for her.
They started dating after the closing.
They've been seeing each other for the past few months.
We were very happy about that.
BRISCOE: Mr.
Landry, we know this is a difficult time.
Yes.
I want to help in any way I can.
Do you know if Gail had any enemies? I thought it was a robbery.
We just need to cover all our bases.
Speaking of which, where were you? Carrington House.
I was showing a coop there.
I can't believe you think she was a target.
You can't think of anybody she might've had problems with? Her ex-husband.
But I can't think he would've done it, I mean, Ellie was their daughter.
Well, whoever did it got away with about 70 grand in merchandise.
We hear the ex was always a little short.
That's along way away from what you're suggesting.
I mean, I didn't like the guy, but I can't think that You didn't like the guy? Why? Gail was a wonderful woman and she deserved to be appreciated and loved.
David was just all about himself.
David Churchill was married to a jeweler for five years, I think he might know how to unload some hot rocks.
Byrne went to their bank.
Mr.
Churchill's checking account, $832 and some change, last deposit a week ago, just under $100.
All that proves is he's not stupid enough to put the proceeds in the bank.
VAN BUREN: He may not need the proceeds.
BRISCOE: What's that mean? Same bank, Gail Churchill set up a trust fund for her daughter.
In the event that both Gail and Ellie died, David is the beneficiary.
For how much? A quarter of a million.
Damn.
How do we get around the time discrepancy? I mean, killer went to the Bennett's at 3:00 thinking Gail would be there.
David Churchill knew she wasn't gonna be there, 'cause she went to pick up the daughter to take her to the dentist.
A bluff to throw suspicion off himself.
Well, why don't we move out of the realm of speculation, if we can, and bring him in for a chat.
The trust fund? I assumed Gail changed the beneficiary after we got divorced.
That is the exact position that I would take if I were in your shoes.
I buried my only child two days ago.
You have no idea what that does to you.
I did not kill her and I can't comprehend why anybody would! Look, we talked to a lot of Gail's friends, they said you didn't want the divorce, that you were constantly hitting her up for money and that you didn't like the fact that she was dating again.
I had no problem with her dating.
I just didn't want that Landry guy around my daughter.
Why's that? I don't like him.
Apparently the feeling's mutual.
So, where'd you go after you left work the day of the murders? I told you, I was sick.
I went home! (KNOCKING ON DOOR) Latent got a match on some prints.
We got a hit on prints that were found both in Gail Churchill's apartment and in the jewelry store.
Ex-con named Richard Morriston.
Who? Fraud arrest in Colorado two years ago, pled guilty to a misdemeanor.
Two domestic abuse arrests, one in Chicago, one here.
The local woman's name was Susan Kimball.
Guy gets around.
Got a mug shot? Sure.
(TYPING) Oh.
Mark Landry.
Gail Churchill's new boyfriend.
Not anymore.
SUSAN: Richard Morriston, huh? I knew him as Kevin Massey.
He had just gotten his real estate license.
He found me an apartment, which I was dumb enough to let him move into after he'd blinded me with charm.
What went wrong? I suspected he was accessing my corporate accounts and using insider information to make stock trades.
BRISCOE: You confronted him? He has sensitive antenna.
He knew something was wrong and asked me what it was.
So I told him.
Big mistake.
Ms.
Kimball, the police report says your injuries kept you in the hospital for two days.
Why'd you drop the charges? I was afraid of him.
What's he done? It's not clear yet, but he's left an unattractive trail from Denver to Chicago to here.
Denver? He told me he came here straight from Utah.
According to Salt Lake City PD, Morriston dropped out of University of Utah Law School in '94, right after the disappearance of his girlfriend, Beth Fazekas.
She was never found.
The Mary Fazekas in Gail Churchill's appointment book, that's Beth's mother.
We spoke to her this morning.
She said she never heard of Gail Churchill.
She's convinced Morriston murdered her daughter.
She's been waiting six years for a break in the case.
She's flying in.
So obviously Churchill found out about Morriston's past.
VAN BUREN: More than that.
She must've known something that put him in danger.
Nail it down and we've got a motive.
How does a con man bamboozle so many smart women? Practice, practice, practice.
You ever hear of an outfit called lntelli-mate? Yeah.
They run background checks for suspicious lovers.
How romantic.
You use them? (SCOFFS) What you got? MasterCard charge, two weeks ago.
Seven hundred bucks to lntelli-mate.
So most of your customers are women? Today's world, a woman's gotta be nuts to date someone without running a check.
Here we are.
Gail Churchill, gave me a name and social security number.
Said she wanted us to run a check on Richard Morriston.
We found three arrests, four known aliases.
Suspected in the unsolved disappearance of a girl in Utah.
Did Ms.
Churchill say how she came by the social security card? She was dating a guy named Landry.
Found Morriston's card in his wallet.
I guess it set off a red flag.
And you mailed this information to her apartment? We don't do that for security reasons.
I called her when it was ready, she picked it up.
Day before the murders.
We don't want to hold out any false hopes, Mrs.
Fazekas.
Don't apologize, Detective, I know you're not working on my daughter's case.
Yeah.
I just want to help.
This is Detective Green.
Hello.
Hi.
Can you help us with this? That's him.
My God.
ED: You recognize Ms.
Churchill? No, it's the necklace she's wearing.
It was my daughter's.
So this is it.
I've always known Beth was dead but seeing this necklace Are you sure it's the same? My husband and I gave it to her.
A heart-shaped diamond surrounded by rubies.
We had it made for her 18th birthday.
Did you find it? No, no ma'am.
Do you have any receipts or anything authenticating the necklace? My husband registered it with Gemprint.
It's a private appraisal and registration service.
We use a laser-based scanner that interfaces with a PC.
Fazekas, Carl, here's your stone.
Originally registered in Salt Lake City.
Originally? Uh, apparently it got sold somewhere along the line, 'cause we re-registered it a few weeks ago.
We're talking about a necklace, right? A heart-shaped diamond with rubies? (TYPING) Right here.
Who registered it the second time? Churchill, Gail.
Did you tell her she wasn't the first? She seemed puzzled, didn't say why.
So Landry/Morriston gives Gail Churchill the necklace and a story to go along with it.
Yeah, probably that he had it made especially for her.
She's a jeweler so she knows it's valuable, and she knows about Gemprint, so she takes it there to get it registered.
Yeah.
Surprise! Surprise! Now she's suspicious, so she goes to his wallet and finds Morriston's social security card.
And lntelli-mate puts it together for her.
Morriston know he's a suspect? Not from us.
So far he's just been a friendly witness.
All right.
Let's find him, keep him occupied until we get a search warrant.
Isn't it awful? That poor little girl.
Mark has been so upset.
Could you tell him we're here? Oh, I'm so sorry, he called in from the field after you called and he said he really wants to talk with you.
He's not here? No, he's not here at the moment.
He said something came up and he just has to swing by his apartment on the way in.
What time did you speak with him? About half an hour ago.
Something wrong? Hey look, man, that's what you said five minutes ago.
We need that warrant now.
Thank you.
There's been some kind of glitch.
They're trying to track it down.
Hey, why don't you guys wait outside until you get your warrant? I guess we won't have to.
Too late.
Thanks.
You forget something, Morriston? I don't see a warrant.
It'll be here in a minute.
It is my understanding that "in a minute" and "right now" are two entirely different things.
Excuse me.
COP: Lennie.
You got some tweezers, lover boy? What we'd love to have happen here, Morriston, just as a sideline, is you tell us where Beth Fazekas ended up.
Her mother's a nice lady, maybe you'd like to help her out.
I don't know where Beth is.
How did I know you were gonna say that? ED: Lennie, look what was in the crawlspace above the closet.
Labels say "Surefire Security.
" You one of those psychos who collects trophies? JACK: The only deal on the table is a plea of guilty to the top count of the indictment.
Your indignation is based on fuzzy tapes showing a man who could be anybody.
CARMICHAEL: Tapes that were recovered from his apartment.
The video shows Mr.
Morriston leading four people to their death.
And the police found the lntelli-mate report in his desk at his office.
A desk to which 40 people have unfettered access.
RICHARD: I don't blame you.
I know how this looks, but I didn't kill those people.
It's gonna take more than a smarmy imitation of sincerity to explain away those tapes.
LYMAN: Coincidentally, motion to suppress the tapes and anything else found in his apartment.
Your legal theory being? Your detectives seized Mr.
Morriston's apartment prior to the issuance of a valid search warrant.
A toothpick? What were they thinking? Jack, what were they supposed to do? Let Morriston into his apartment, burn the tapes, throw them out the window? In about an hour, they will be thrown out the window by Judge Bradley.
It's only because of those tapes that we know what really happened.
Too bad the jury won't.
At least we have the necklace.
And we know he's lying about his alibi.
Morriston claimed he was showing an apartment at Carrington House when the murders took place.
But now we know where he was.
Tapes put him at the crime scene.
But if Jack's right, we're the only ones who'll ever know.
If we can't prove where he was, we'd damn well better be able to prove where he wasn't.
You go over his alibi again.
Let's account for every minute of his day.
I'll go wrangle with Judge Bradley.
The insertion of the toothpick constituted an unlawful seizure of my client's apartment.
Mr.
Lyman's desperation is showing, Your Honor, because that videotape irrefutably shows his client's guilt.
The detectives were merely securing the premises while awaiting the warrant.
They had no right to secure the premises prior to its arrival.
If they hadn't, his client would have destroyed evidence.
Are you arguing there were exigent circumstances, Counselor? Certainly there was exigency.
The defendant has a history of wriggling out of damaging situations.
People v.
Calder.
Unless the police believed there was an imminent risk of bodily harm to another, they clearly violated procedure.
Your honor, the arrival of Mr.
Morriston and the arrival of the warrant were virtually simultaneous.
I understand the People have powerful evidence, Mr.
McCoy, but there's no way around the Fourth Amendment here.
The tapes are out.
For God's sake judge, did you watch them? I did not.
I knew I had to exclude them.
I didn't want them to taint my objectivity.
Landry, Morriston, whatever the hell his name is he certainly wasn't at Carrington House when we were there.
And what time was that? We got there a little after 5:00.
Your appointment with him was for 4:30? We're busy people, Ms.
Carmichael, I mean, he was working for us, he should've waited.
Okay.
So you talked to him later? Yes.
He said he waited for 30 minutes, then went to do something else and came back later.
Obviously, after we left.
When was that? It was 5:20.
We waited for 15 minutes.
CARMICHAEL: The doorman at the Carrington House said that Morriston showed up one late afternoon in November carrying a gym bag.
JACK: Can't pin down the date? CARMICHAEL: No but he said it's the only time he's ever seen Morriston carrying anything but a briefcase.
So Morriston made the appointment for 4:30, thinking he'd have an hour and a half to kill those people, grab some jewels and still make his appointment.
But Gail Churchill wasn't where she was supposed to be, he had to wait for her.
And then he put in an appearance at Carrington House just to cover himself, if that was the day he carried the gym bag.
Well, it had to be, Jack.
He had to have some way of carrying the gun and the jewels out of the store.
Is the apartment Morriston was supposed to show still empty? The new owners are doing some remodeling before they move in.
The workers start on Thursday.
Make sure Briscoe and Green have warrant in hand this time.
And no toothpicks.
My maintenance people say Mr.
Landry was in this apartment at least four times between November unavailable for further visits.
Did Landry have access to any other empty apartments? This is the only one he was showing at the time.
Power switched off? When the apartments are vacant, yes.
What if a realtor wants to show this place at night? Where'd you find it? They were hidden in a locked electrical room.
The manager says Morriston had a key.
Hey, guys, how much law school did Morriston have before he dropped out? JACK: Why? I have both a statutory and a constitutional right to represent myself, Judge.
I advise you against this course of action, Mr.
Morriston.
The standard is a knowing, voluntary and intelligent waiver of the right to counsel.
I'm exercising it.
I don't want his conviction overturned because of inadequate representation.
The defendant is within his rights, Mr.
McCoy.
I request you appoint Mr.
Lyman as his legal advisor.
Mr.
Morriston? It's fine with me, Your Honor.
Then, if there's nothing else RICHARD: I'd like to request bail.
Mr.
Lyman should've made application for bail after the tapes were excluded based on changed circumstances.
The man is a vicious predator and he's a flight risk.
Mr.
Morriston has lived in New York for three years, he has close ties with the community, he has a job to go back to after he is acquitted.
Your Honor There is no basis for denying bail.
Don't try to tell me my job, Mr.
Morriston.
You either, Mr.
McCoy.
Bail for this defendant is set in the amount of $1 million.
Your Honor, one more thing, I move to suppress the necklace and my prior arrest record.
The necklace has no bearing on this case.
That's absurd.
Gail Churchill's discovery of the circumstances of the necklace provides the defendant with motive.
I agree with the People on the necklace.
It is inextricably linked to this case.
As for the fraud conviction, I'll let the conviction come in, Mr.
McCoy, but not its underlying facts.
Your Honor That's enough, Mr.
Morriston.
You have atrial to prepare for.
JACK: This will be a difficult time for all of you.
You'll be asked to examine horrifying photographs of a savage crime.
You'll be asked to confront the fact that this well-dressed, soft-spoken defendant is capable of terrible barbarity.
The state of New York appreciates your putting your own lives on hold in order to seek justice for the four victims of Mr.
Morriston's butchery.
I agree with Mr.
McCoy.
These victims cry out for justice and I'm grateful that the state of New York has the resources to avenge these terrible killings.
My girlfriend and her sweet little daughter.
Mr.
and Mrs.
Bennett, a lovely couple, who never harmed a soul.
Justice demands condemnation of the guilty, not the sacrifice of the innocent.
And I stand here before you, an innocent man.
I ask you please, please pay close attention to Mr.
McCoy's case and decide whether you see one shred of evidence that proves my guilt.
The rest of my life is in your hands.
Thank you.
HERRICK: The spatter patterns were clear.
Mr.
Bennett was shot first, Mrs.
Bennett second, then Mrs.
Churchill and finally the little girl.
Could you describe the child's wounds? Objection, Your Honor, this is clearly Mr.
Morriston, it's customary to stand when addressing the court.
I think Yes, sir, I apologize.
I think Mr.
McCoy is attempting to prejudice the jury.
The jury can't render a verdict unless it's made aware of the nature of the crime.
These are intelligent, sensitive people.
You're forcing them to dwell on the horror of this carnage.
Mr.
Morriston, please address your remarks to the court, not to opposing counsel.
And keep your voice down.
I'm sorry, sir, I didn't know.
Now you do.
The witness may answer the question.
Ellie Churchill sustained a single gunshot wound to the back.
It perforated her heart.
Death was instantaneous.
Thank you.
Nothing further.
Mr.
Morriston? Your Honor, there's no debate that the victims are horribly dead.
I'm not sure what to ask.
Mr.
Lyman? In your examination of the bodies, did you find any forensic evidence that enabled you to determine the identity of the killer? HERRICK: I did not.
LYMAN: Thank you.
JUDGE: Mr.
Morriston, do you have any further questions? No, I'm through, Your Honor.
There is more flirting going on in there than at spring break on Padre Island.
That's how Mr.
Morriston's gotten through life, by turning on the charm.
Well, shouldn't we notify Judge Bradley? I need something more tangible.
See if Lieutenant Van Buren can spare the manpower to keep tabs on him when he's not in court.
Beth disappeared on October 3rd, 1994.
She'd asked me if she could use our house outside Provo for a few days.
The police told us she never made it there.
Did Beth say she'd be going by herself? Yes, she said she wanted to be alone to think some things through.
JACK: Did she say what things? She said she didn't want to talk about it yet.
I got the impression that things weren't going well with Richard.
Objection, speculative.
JUDGE: Sustained.
People's four, Your Honor.
This is the photograph of the defendant with Gail Churchill.
Have you seen this photograph before? Yes.
The New York police showed it to me.
I told them this necklace was my daughter's.
Do you know how it went from your daughter's possession to Ms.
Churchill's? LYMAN: Objection.
Calls for speculation.
Sustained.
I have nothing further.
Mary, you know me.
You know how I felt about Beth, you can't think I'd have harmed her.
Does Mr.
Morriston have a question for this witness he'd like to share with the rest of us? JUDGE: Mr.
Morriston, speak so the court can hear you.
When Beth disappeared, what was my reaction? You pretended to be frantic.
LYMAN: Your Honor JUDGE: Mrs.
Fazekas, your opinions and intuitions can form no part of these proceedings.
Please stick to the facts.
Mr.
Morriston? I can't do this.
JUDGE: Would you like Mr.
Lyman to take over? No, sir, I'd rather not put this lady through any more of this.
No further questions.
Do you recognize these items? Yes.
That's the murder weapon and that's the merchandise taken from Bennett jewelry.
Where did you recover them? They were hidden in an electrical room on the 10th floor of Carrington House.
The apartment Mr.
Morriston was supposed to show that day what floor was it on? Ten.
Thank you, Detective.
Nothing further.
Were my fingerprints on any of these items that you found? The evidence indicated the killer wore gloves.
RICHARD: I'm sorry, Detective.
I believe that that was a yes or no question.
JUDGE: Yes or no, Detective.
(SIGHS) No.
Did you try and link me with the gun? Yes or no? BRISCOE: Yes.
And were you successful? Yes or no? No.
Thank you.
RICHARD: Detective Briscoe, when you and your partner talked to me after the murders, did you ask me where I was on the afternoon of the 12th? Yes.
You said you were showing an apartment at Carrington House.
Thank you.
That's all.
Nothing further.
(WHISPERING INAUDIBLY) Approach, Your Honor? JUDGE: Mr.
Morriston.
My opinion, we have a serious problem with juror number one.
Send the jury out.
I will see the rest of you in my chambers in one hour.
Judge Bradley, he's flirting with the jury foreperson and she's flirting with him.
Your Honor, I was simply addressing the jury.
Is that wrong? So, what do you suggest, Mr.
McCoy? I can't order the jury to wear blindfolds.
The People request you remove juror number one and seat an alternate.
JUDGE: On what grounds? Do you have any evidence the defendant is improperly influencing members of this jury? He's contacting them outside of the court? That he's offering them inducements? I believe there's a considerable amount of unspoken communication going on between the two of them.
Mr.
McCoy, I'm afraid I'll need a lot more than that to remove a juror mid-trial.
People's request denied.
Mr.
Morriston, this court is not a singles bar.
You will conduct yourself with the proper decorum.
There is no margin of error in the process, Mr.
McCoy.
The Gemprint system is as accurate as DNA.
So your testimony is that the necklace registered by Mr.
Fazekas in Utah, is the same necklace Gail Churchill registered in New York? Yes, sir.
Thank you.
I have nothing further.
Is it your understanding that DNA is an infallible identification technique? Pretty close.
So, when you compare your technique to DNA you're saying that Gemprint comes "pretty close" to being accurate? That's not what I said.
That's what some of us heard.
Um No more questions.
Thank you.
Mr.
McCoy.
The People rest, Your Honor.
Is the defense ready to proceed with its case? Yes, sir, we call Annette Perry.
Your Honor There's no such name on the witness list.
Mr.
Lyman? Mr.
Morisston informed me only today, Your Honor.
Ms.
Perry is an alibi witness.
If the defendant has an alibi witness, the People have a right to statutory notice.
You have 48 hours to check out the witness.
(GAVEL BANGING) Annette Perry is the receptionist at the realty company where Morriston works.
According to several of her co-workers, she's had the hots for Morriston, who, up until now, has shown zero interest in her.
What kind of interest is he showing now? Well, according to the cops, he's had dinner at her apartment twice in the past couple of days, each time he stayed several hours.
Track down Judge Bradley and have the cops find out where Ms.
Perry really was that afternoon.
They're already on it.
Putting this woman on the stand amounts to suborning perjury.
Judge, there's nothing to say the witness is lying.
The tapes say it.
The tapes aren't part of the evidence.
Mr.
Morriston is with Ms.
Perry every night of the week, Your Honor.
How do you know that? I instructed the police to keep tabs on him.
We think he's a flight risk and his inappropriate behavior towards the jury may extend beyond the courtroom.
Since Mr.
Morriston is acting pro se, having him followed is tantamount to intimidating counsel, Mr.
McCoy.
Call off the dogs.
Mr.
Morriston, you do understand what suborning perjury means? Ms.
Perry can prove that I did not commit the crime, Your Honor, you can't refuse to let her testify.
JACK: She's on the stand, Mr.
Morriston, feeding her leading questions.
You think I'm some kind of Svengali? Fine.
Let Mr.
Lyman question her.
I'll sit in my seat and not say a word.
JUDGE: Mr.
McCoy? Still clearly perjury, Your Honor.
He has a right to an alibi witness, Mr.
McCoy.
Send in the jury.
Do you remember where you were the afternoon of November 12th of last year? I was with him.
He was showing me around Carrington House.
I told him how much I would love to see inside a famous building like that, and he was nice enough to show it to me.
What time did you and he arrive at Carrington House? We got there a little after Did the defendant ask you to come here and lie for him? He wouldn't do that.
Thank you, Ms.
Perry, that'll be all.
Are you in love with the defendant, Ms.
Perry? Objection, relevance.
It's obvious, Your Honor.
JUDGE: Overruled.
Go ahead, Mr.
McCoy.
Ms.
Perry? We have a strictly professional relationship.
Have you had dinner with Mr.
Morriston recently? Just the two of you? Yes, several times.
Where? In my apartment.
JACK: And these meetings were strictly professional? PERRY: Yes, sir, they were.
JACK: What was the business you and Mr.
Morriston had with each other on these occasions? He was helping me study for my real estate exam.
And he was doing this out of the goodness of his heart? Yes.
He's a very generous, thoughtful person.
I told him it could wait until after the trial, but he insisted.
JACK: Where were you on November the 12th, Ms.
Perry? Objection.
Asked and answered, Your Honor.
JUDGE: Sustained.
Are you aware of the penalty for perjury? LYMAN: Objection.
Mr.
McCoy? Nothing further.
LYMAN: Richard, I would like to take you through Mr.
McCoy's case, and I would like you to address the jury directly.
If you were already at Carrington House, why didn't you keep your 4:30 appointment? Annette was having such a good time I hated to cut it short and disappoint her.
I can reschedule an appointment at any time.
Did you ask Annette Perry to lie for you? No, I did not.
Now, about the gun and the jewels.
Do you have any explanation as to why they were found at Carrington House? Well, I don't know that they were, Mr.
Lyman.
I only know that the police say that they were.
Richard, did you kill any of these people? Adam and Corinne Bennett? No, I did not.
Gail Churchill? God, no.
Ellie Churchill? No.
Thank you, Richard.
I notice Mr.
Lyman didn't ask you about the report from Intelli-mate that was found in your office.
Is that because you're having trouble coming up with a lie that covers that circumstance? LYMAN: Objection.
JUDGE: Sustained.
Watch your step, Mr.
McCoy.
How did that report come into your possession? I don't know, Mr.
McCoy.
Perhaps the police planted that, too? That would explain it.
Did the Denver police plant the evidence that led to your fraud conviction there? Objection.
Overruled, the witness will answer.
I don't think they framed me, I think they just made a mistake.
You're asking this jury to believe that New York police framed you, the Denver police are incompetent and that Beth Fazekas's necklace wound up in your possession by coincidence.
I don't have any other explanations, Mr.
McCoy.
Twenty-four hours after Gail Churchill found out whose necklace you gave her, she was dead.
Are you asking this jury to believe that those two events are unrelated? You can pile up coincidences, Mr.
McCoy, you can slather on the sarcasm, but you will not get me to say that I killed anybody.
Because I did not.
Don't you think your lies amount to a confession? LYMAN: Objection.
JUDGE: Sustained.
Rephrase, Mr.
McCoy.
Withdrawn.
Based on your note, Madam Foreperson, I see you are still unable to reach a verdict.
Is that correct? Yes, Your Honor.
I also understand that further deliberation would be pointless.
Is that correct? Yes, Your Honor.
Thank you.
Thank you for seeing through the lies (GAVEL BANGING) Quiet, Mr.
Morriston.
Counselors, based on that record, I have no choice but to declare a mistrial.
Ladies and gentlemen, you're excused.
(GAVEL BANGING) How far are we from going to trial on the serial rapist? The defense just asked for their third continuance and Lewin wants me to give it to them.
Well, we're about to get buried on our car-jacking friend.
What can I do? (KNOCKING ON DOOR) Can I talk to you? Come in.
I think I made a terrible mistake.
He did it, didn't he? Yeah.
He did it.
Why exactly are you here, Ms.
Gibbons? I'm afraid I may have used undue influence as the foreperson.
HOW? I used my position to keep pushing for a not guilty verdict.
Why did you do that? I thought he was innocent.
I thought we had this magical connection.
That he was this once-in-a-lifetime soul mate.
You thought all that without ever actually speaking to him? Unless you did.
We went out to dinner.
When? During the trial.
(SIGHS) After the police stopped following him.
We didn't talk about the case at all.
We talked about ourselves.
He listened to me.
He was interested in whatever I had to say.
How long after the trial did he dump you? Two days.
Are you willing to say this under oath? Yeah.
He killed a child.
I'll do anything you want me to do.
So, we retry him for homicide and add jury tampering.
An A misdemeanor.
(CELL PHONE RINGING) His lawyer will maintain it's just the revenge of a woman scorned.
We're not gonna convict this guy of anything, are we? I don't think so.
I think this one walks.
We'll be right there.
Not this time.
BRISCOE: She's washing the dishes, she's got the water running, he comes up behind her, wraps this around her neck, she stabs him.
CARMICHAEL: So, is that what happened, Carol? CAROL: Yes.
So he snuck up behind you? Is that when you reached for the shears? Yes.
Okay.
Marks on her neck consistent with that? Looks like it.
Is she a collar? Wrap it up