Law & Order (1990) s13e05 Episode Script
The Ring
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.
Oh, come on.
It's not like it's illegal or nothing.
Whatever law school you went to, I'd get my money back.
Come on, it's just a pack of smokes.
You know, Rodrigo, I don't really give a damn who or what you put in your body.
Hey, what's the big deal? The big deal is, your madre is gonna kick my Irish ass around the block a couple of times if she finds out it was me.
Who's gonna tell her? Nobody.
Well, look, I'll take the Ultra Lights.
McMANN: Come back in four years.
Yo, come on.
Let's just go across the street to the Greek's.
Yeah, he'd look good with your mama's foot up his butt.
Hey! Go! Sally! Get the register! Hey! Hey There! I catch you, I'll break your leg! You all right? Slide over, slide over.
Okay, man.
I know you're here.
Move over, man.
(GRUNTS) (EXCLAIMS IN SPANISH) Well, I'll put it this way.
I doubt Slim here showed up yesterday.
Always count on you, Nelson.
That's what I'm here for.
Looks like somebody tried to bury this guy, but you can't put anything past our furry friends.
BRISCOE: It looks like the chosen mode of transportation was a duffel bag.
Hey, what are you, Steven Spielberg? Christmas cards.
Just get it over to the M.
E.
's office, will you? It's like this place is some kind of al fresco crack house.
Mr.
McMann, have you ever reported it? These people, they're cockroaches.
No matter how much you spray, they scurry back when the lights go out.
And what brought you to this garden spot on such a lovely morning? He chased Butch and Sundance over there.
Asked for cigarettes, ran off with cake.
Throw in whiskey, you've got a three-course meal.
This reminds me of science class.
This reminds me of home.
Home? I grew up in the Meatpacking District.
Well, this one is definitely not bovine.
Female, I'd say, early to mid-twenties.
ED: How long she been like this? Best guess, a year, 15 months.
Any signs of homicide? I doubt it was an eating disorder.
She took a mighty wallop to the head.
Whoa! Did she have any help decomposing? Mother Nature, hungry rodents.
Lye? Too soon to tell.
Among her many problems Well, was it amputated? Not by anyone with a license.
The ulna was shattered.
Well, there's another one for the homicide theory.
Have you ever seen the rats on the West Side? They could rip the fender off a hummer.
I've sent bone marrow samples to the lab for DNA testing.
Did you happen to find any jewelry at the scene? No, but there's some lovely furniture if you're looking for a bedroom set.
There's discoloration here on the bone, which means a ring was probably there after she lost all the weight.
Missing Persons give you anything? There wasn't much on 20-year-old skeletons with one arm.
There were over 3,000 reported in that age group.
And that's assuming she went missing last year.
Hey, it's Hell's Kitchen.
The Westies used to cut off a hand to use for fingerprint plants.
Not with women.
Chivalry is still alive and doing well somewhere in the world.
What about the ring? CSU came up empty.
Well, we know it was on her finger.
Mmm-hmm.
Are you thinking what I'm thinking? Hey! Trinidad! Hey, yo, hold up.
Don't you two know that it's impolite to turn your back when somebody's trying to talk to you? Uh, they missed that day in charm school, Ed.
So you figured out who killed that lady? Lady? We should get this guy a job in the M.
E.
's office.
How'd you know it was a lady, Trinidad? One out of two.
ED: And you're just a lucky guesser? That's good, man, because if you two happened to have pulled a ring off that lady's finger, that would be theft, tampering with evidence, and trafficking in stolen goods.
What ring? The one McMann from the grocery store saw you put in your pocket.
Son-of-a-bitch.
How'd he see us? Yo, shut up.
You didn't talk to McMann, did you? ED: Give it here.
We'll be gone.
No harm done.
You guys are cops.
You ain't supposed to lie.
How many times I have to tell you that, Detective? Y'all be good.
Yes, it's a Harry Winston.
The Princess Grace, actually.
Semi-popular last year.
We no longer sell it.
The ring has a name? One has to distinguish it somehow, doesn't one? Did you sell a lot of these? Enough.
It went for only 40.
With a price tag like that, I bet you keep a record of the buyers? Computers, don't you love 'em? Okay, how about printing out a list of everybody that bought one of these? Anything to help the men in blue.
There is no jeweler-client confidentiality is there? Today, please.
Why do people waste that much money? This coming from Mr.
Rolex.
Hey, there's a big jump between my Rolex and that ring.
You just don't get it, do you? What? Spending that much on diamonds? No, I don't.
You are so single.
You know, jewelry isn't just something for a woman to look at.
It's a safety net.
Oh, here we go.
Safety net? Yeah, something they can fall back on when the man in their life decides he wants another life.
Or drowns his in a bottle of bourbon? Yeah, something like that.
Lennie, I know a whole lot of women that would kick you in your jewels for a theory like that.
After they got the rock.
All I'm saying is, these moneyed elitists are starting to bore me.
Hey, I voted for alphabetical.
You're the one who said you wanted to go geographical.
I apologize for eating and talking, but I've got a closing in 20 minutes.
It's not a problem.
You know, I voted for your Dad.
He appreciated it.
What can I do for you? Actually, we found this ring.
My wife has one just like it.
BRISCOE: Has or had? Did something happen to her? No, I'm sure she's fine.
It's just that we'd like to actually see her ring.
Someone's selling knock-offs, right? God bless American creativity.
Janie, where's Ashley this afternoon? JANIE ON INTERCOM: Hold on a second.
Let me check her schedule.
They call it Killer Chocolate Cake because the wife would kill me if she knew.
High blood sugar.
Want a bite? No, I'm driving.
(CHUCKLES) She's having lunch at Parioli.
Elie Tahari at 2:00.
Thanks.
There you go.
She's all yours.
Thanks for your time, sir.
This couldn't have waited? You know what they say, "Time is money.
" And I'm paying Sven more per hour than I pay my doctor.
People wait months for an appointment with Sven, you know.
You should see the earrings Bradley bought me last Christmas.
Yeah, disposable income's gotta be disposed, huh? "You got it, you go with it.
" That's what Bradley always says.
Yeah, right after he spit out that silver spoon.
Bradley made his own money, I'll have you know.
He's a financial genius.
We appreciate your time, Mrs.
Hagen.
ED: You wouldn't think that somebody that lived over here could pay 40 grand for a ring.
You know Watkins over in the 21? That's the tall guy with the thing, right? Yeah.
Six kids, two bedrooms in Queens, drives a Porsche to work every morning.
A Porsche I can understand, but a ring? You said 3D? Yeah, Kelly Sommers, 3D.
No.
It's Alphonso Ruggerio.
Well, maybe she got hitched.
Excuse me.
Hey, do you live here? Yes, I do.
And no, I won't let you in.
Uh, we're the good guys.
Oh, well.
You never know, you know? Actually, we're looking for the woman that lives in 3D.
Kelly? Is this a joke? Kelly Sommers? ED: That's right.
What, she get married, move? She died, September 11th.
She was on the 89th floor of the World Trade Center.
VAN BUREN: Is it possible the ring was stolen? It was never reported.
So, maybe this ring was a false lead from the get-go.
Do we have a DNA test on the skeleton yet? It's still at the lab.
Okay, the first thing I want to know, was it really Kelly Sommers at the bottom of that blast? Smiley, Sokol, Sommers That's it.
Kelly.
VIP gives us VIP? Victim Identification Profile.
Born August 12th, 1978, blond hair, green eyes.
Worked at an investment bank called Stewart Fells.
Eighty-ninth floor of Tower One.
His sister Caitlin reported her missing.
It doesn't sound like enough to issue a death certificate.
Does a hand help? They uncovered a hand.
A left hand? That's right.
Just one of 20,000 other pieces of human remains.
And a few feet away from the hand, a pocketbook, filled with all kinds of ID.
We matched DNA with hair from a brush found in her apartment.
CAITLIN: She was my baby sister.
We always thought Kelly was the one that might actually make it.
Here, sweetie.
ED: We? There were five of us, three boys, two girls.
Mom died right after Kel was born and Dad, well, he wasn't exactly what you would call parental.
Kelly was the only one of us to go to college.
She wanted to work on Wall Street.
She make a pretty good living? We didn't really talk about things like that.
She was so happy.
She was just engaged.
Donald, a sweeter guy you can't find.
Did Donald buy Kelly a ring like this? I never saw it.
Kelly never really wore jewelry.
You found this in the blast, didn't you? Something like that.
Well, I hope you find the family of the person it belonged to.
It looks expensive.
Well, thank you for your time, Mrs.
Birch.
One more thing.
Kelly's fiancé, Donald? What's his last name? Housman.
He's in computers.
Thanks.
I proposed August 11th at The Water Club.
She started to cry.
So did I.
So, yes, we were engaged for exactly a month.
I'm sorry.
The worst thing is, I never got to say goodbye.
KELLY ON RECORDING: I have to work late tonight, Boo-boo.
We'll talk tomorrow.
Love you, 'bye.
She called me "Boo-boo.
" Stupid, huh? Was that the night before I can't bring myself to erase it.
Did Kelly have a ring like this? We would have bought a house before we wasted money on something like that.
I should have gone to her place when she was done with work.
We could have had a glass of wine.
I would have spent the night.
(SIGHS) ED: Did you ever see Kelly wearing this ring? That I would notice.
What is it you do here exactly? We trade foreign currency.
Right.
I'll give you two drachmas for ten yen? Something like that.
Was Kelly really good at it? No, no.
Kelly wasn't a trader.
She was my assistant.
Assistant, as in secretary? This would have been her desk.
I wasn't in the office that morning.
Root canal.
How many people can say their dentist saved their life? BRISCOE: You don't think it's odd that not one of the survivors at the company can actually say she was there that morning? Nobody can say she wasn't, either.
Look, all I'm saying I know what you're saying.
There's nothing that proves that she died in the Twin Towers.
How about her left hand? Hey, how about a skeleton in Hell's Kitchen that's missing one? You're a betting man.
What kind of odds would you give me that, that hand doesn't belong to that skeleton? That's not the point.
Look, the point is, it's a lot easier to take a hand downtown than it is to drag a body uptown.
Call me Sydney the Cynic, but there've already been 30 arrests for 9 l 11 insurance fraud.
And how about that upstanding citizen who tried to rip off the stores in the promenade under Tower One? All right, you ask the sister.
I already told you.
I never saw that ring before.
We understand, but we're actually not here about the ring.
Uh, did your family get money from the city as reparation for your loss? Yes.
What is this about? There's a chance that Kelly didn't die in the Twin Towers.
I can't believe this.
Wait.
You think that we lied about the way she died to get the money? I didn't say that.
Do you know what we did with the money? We gave it to Donald.
And do you know what he did with it? He gave it to a fund for the families of the cops and the firemen.
Now please, just get out of here.
Weekly deposits of $673.
16.
That sounds like salary minus Uncle Sam's take.
I got monthly payments of 450.
I mean, I guess that's rent.
When did Kelly buy that ring? That was July 1st.
Yeah, which means it would show up on her August credit card bill.
Now does it seem coincidental to you that she happened to make four deposits of ten grand each on July 20th, Let me guess, cash.
She didn't buy the ring.
She just put it on her card.
Somebody else actually paid for it.
Somebody didn't want somebody else to know about the purchase.
Somebody who has a wife.
Look at this.
Credit card receipt, September 10th.
Kelly charged dinner at La Goulue.
Sounds expensive.
You actually expect me to remember who ate here over a year ago? Well, she may have been a regular.
I'm sorry.
Can we talk to your waitresses? Sure, but I would appreciate if you could wait until after the dinner hour.
We bake it all ourselves.
I'll bet that'll put a couple pounds on you.
We call it Killer Chocolate.
Really? You want to indict a guy because of a dessert? Well, it is killer chocolate cake.
For you.
Bradley Hagen's father ran for governor.
He has a brother in the State Senate, another on the City Council.
Kelly Sommers couldn't afford that ring or that restaurant.
It just so happens that Hagen dines at the restaurant regularly and purchased the same ring.
For his wife.
Hey, I knew a guy only dated women named Mary.
It kept things simple.
His LUDs? He never called her home or her office.
What about hers? The same.
That pretty much makes this a slam dunk.
They're having an affair, Lou.
She's engaged, he's married, they're both careful.
I should have been so careful.
But you didn't have e-mail.
Bingo.
Damn, this guy keeps busy.
The problem is, we need last year's e-mails.
Let me explain it to you.
There's all this information floating around out there.
Even if you erase it from your hard drive, it's still out there waiting for someone like me to pluck it down like it was an apple on a tree.
Keep on plucking.
You want e-mails sent or received? Both.
I'm glad she's on our side.
"I'm sorry I had to cancel last night.
I hope you'll forgive me.
"All I think about is our time together.
Love forever, Bradley.
" And she writes back, "I told you.
Things can't stay the same.
"We'll discuss it at dinner.
Kelly.
" She's getting ready for the "dump the wife or else I go public" speech.
She wrote it the day before she died.
That's right.
In the Trade Center courtesy of Osama bin Laden.
The perimeter wasn't established on 9 l 11 until 5:00 p.
m.
Before that, anyone could have gotten close enough to dump the evidence.
Do we have a DNA match? They're still working on it.
So, we're basing all of this on a ring? It's a hell of a ring.
Bring him in, for questioning only.
Come on, guys.
It's not like I'm the first man on the planet to step out on his wife.
And you ain't the first man whose mistress ended up dead, either.
What? The Trade Center's my fault, too? No.
But we don't think she died in the Trade Center.
You're saying what? We found a skeleton dumped in a lot in Hell's Kitchen that very well may be Kelly Sommers.
That's impossible.
It had a ring that you paid for.
I'm sure I'm not the only one who bought that ring.
No, you're not.
But it just so happens that everybody else has theirs.
What happened? Kelly start to put a little pressure on? I have a wife and three children.
I'm not going to announce my affair on the ticker in Times Square.
I loved Kelly.
What reason in the world would I have for wanting her dead? Maybe she wasn't opposed to that "Times Square ticker" thing? You were with her the night of September 10th? We had dinner.
I dropped her off at her apartment.
That's it.
They found her hand, for God's sake.
And you caught a break.
Kelly never got the chance to break the news to the missus.
He doesn't look like a murderer.
Why's that? Because his mother's in the DAR? No, because he hasn't once asked for his lawyer.
Without more, we can't indict.
Hell, we can't even prove there was a murder.
We can now.
DNA says the skeleton uptown and Kelly Sommers are one and the same.
Let him go.
I'll talk to McCoy.
The theory is that Bradley Hagen killed Kelly Sommers uptown on the night of September 10th, then awoke to find that the terrorists had given him the perfect out.
Because she threatened to expose their affair? Well, she implied it in her e-mail.
Arresting a Hagen in New York is like arresting a Kennedy in Cambridge.
We'll need more than implication.
Is that cigar smoke from the old boys' club I smell, Arthur? No, it's a healthy whiff of old-fashioned pragmatism.
But the press will run with cronyism.
It's no secret the Hagens supported your election.
The press doesn't know that some nitwit in a black robe might toss the e-mail as a violation of Bradley Hagen's privacy.
Don't you think I think interleague play disrupted the moral fiber of this nation.
I think Roe v.
Wade was wrongly decided.
And I think if you indict someone named Hagen on my watch, you damn well better convict them.
So we turn the other cheek because of who he is? As a matter of fact, yes.
Unless you come up with something more than a chunk of chocolate cake and an epistle from cyberspace.
CSU has been up and down that lot.
There's nothing there.
The duffel bag? Standard issue.
They sell it at every sporting goods store on the East Coast.
Hey, there's always slap the cuffs on and see if we can scare a confession out of him.
I don't think so.
What? Your new boss plays by the rules? (SCOFFS) Yeah, his own.
Kelly's personal items, the stuff in her apartment, what happened to it? The family's got it.
Wanna come? No, actually the sister is not too crazy about us.
I think you'd be better off alone.
Later.
See you.
Kelly was always one grade behind me in school.
When she was a junior, I gave her a copy of the chemistry exam my teacher gave me the year before.
You know, to help her study.
Well, it turned out, the teacher gave Kelly's class the exact same exam.
So she had all the answers.
She felt so guilty that she went to the teacher and she told her what happened.
A person like that does not have an affair with a married man.
A person like that does not cheat on her fiancé.
Maybe she was embarrassed, Caitlin.
I'm her sister.
Why would she keep secrets from me? Because you're her sister.
Sometimes the hardest people to expose your flaws to are the ones you love the most.
Well, I don't know what you expect to find.
Neither do I.
The left side is Kelly's.
She has good taste.
You ever wonder how she could afford clothes like this? She worked on Wall Street.
I didn't know.
Is this CAITLIN: No.
The FBI kept the one they found in the rubble.
Photos, things like that, I gave to Donald.
I've been through the 12 stages of grief, Ms.
Southerlyn.
Nobody told me I was gonna have to start all over again.
I know how you feel No, you don't.
I'm sorry.
It's just, when you mourn, you try to start your life over.
(SIGHS) The world goes round, right? Leah and I met in a group.
My brother was in Ladder 66.
I'm sorry.
The emptiness, it still hasn't gone away.
We try to tell ourselves it was fate.
I knew Kelly better than anyone.
I don't care what the e-mail says, there's no way she was having an affair.
If I could see her belongings? Sure.
I didn't know what to do with them.
I put them in storage.
I'll give you the key.
The people that knew her best seem to prefer that she was killed in a terrorist attack.
There's something to be said for closure.
That's a better theory than mine.
Which is? They saw something heroic in being killed in the Trade Center.
It's been a long day.
What exactly are we looking for? I wish I knew.
She liked to read.
She also liked to ski, go to the beach, the zoo Hey, Ed.
Hmm? Look at this.
Oh, that's the girl from Kelly's building.
This is the one that told us she died.
She was friendly with her neighbor.
So what? Well, I'm just guessing here, but I assume that there are things a woman will tell a girlfriend that she wouldn't tell her family or even her fiancé.
You should have seen her when Donald proposed.
It was like Cinderella or something.
You couldn't get her off the ceiling.
What about Bradley Hagen? Donald was like a rock, you know? Bradley, a thunderbolt.
I saw the ring.
Yeah, well, he bought her stuff, but She didn't love him? She could have if he didn't have a wife and kids.
Thought he'd never leave? No, just the opposite.
Bradley would have left his wife in a second.
Kelly wouldn't let him.
She didn't want to be responsible for breaking up a family.
She felt bad for the kids.
She told him she just wanted to be friends.
Bradley didn't like that idea? You don't say no to Bradley Hagen.
That night, the night before, she was gonna tell him at dinner that it was over once and for all.
Did you see her when she came home? Well, I saw her from my window in Bradley's Mercedes around 10:00.
She started to get out, but he must have convinced her to get back in because they drove off and I didn't see them come back.
It might have been late.
I know Kelly.
I knew she'd want to talk.
I told her to come by no matter how late she got home.
SERENA: Kelly wasn't threatening to expose their affair, Jack.
She wanted to call it off.
That's what the e-mail was referring to.
She was dumping him and he couldn't handle it.
This girl is credible? Yeah, she has no reason to lie.
Hagen said he dropped her off at home.
She saw them drive off.
It doesn't mean he didn't bring her home later.
She was dumping her lover, Jack.
Believe me, she'd want to talk to somebody about it.
And Molly was the only one who knew about the affair.
Hagen lied to the cops.
It doesn't prove he killed her.
Two years ago, he had an affair with his secretary and fired her when she tried to break it off.
She had to get a restraining order against him.
He can't stand to lose, Jack.
Call Van Buren.
What about Branch? There comes a time in every political life when a man has to risk getting a couple over easy right in the kisser.
Not again.
I got a game up in Westchester in 30 minutes.
Well, that's a two-stroke penalty for missing your tee time.
Bradley Hagen, you're under arrest for the murder of Kelly Sommers.
What? You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford one "Docket number 27465, People v.
Bradley Hagen.
"Charge is Murder in the Second Degree.
" How do you plead? HOBART: Not guilty.
Hagen? I voted against your father.
I move that you recuse yourself, Your Honor.
Don't pop a gasket, Counselor.
I voted for both his brothers.
People request the defendant be remanded without bail, Your Honor.
What are we having today? A special on chutzpah? Bail is set at $500,000.
Do you have that on you, Mr.
Hagen, or do you need a few minutes? HOBART: Your Honor.
I was joking, counselor.
Next! (BANGS GAVEL) CLERK: "Docket number 28571, People v.
Ryan Benson.
" You know I didn't do this.
Well, we'll have to see what a jury thinks.
Yes, we will.
And we'll also see how your new boss reacts when the long limb he just crawled out on cracks.
He throws a couple of bucks in the pot and expects me to fold like a blue-haired grandma in Atlantic City.
The problem is, if we lose, the press will say it's political.
And if we win What do you mean, "lf"? Well, this isn't by any means a sure thing.
First off, all of our evidence is derived from intercepted e-mail, which Hobart's already moved to exclude as a violation to Hagen's right to privacy.
That's nonsense.
Only there's case law that says it may not be.
Let me ask you something, Serena.
When I said what I did about Roe v.
Wade being wrong, what did you think? No holds barred? Pull no punches.
That you let your religious beliefs cloud your legal judgment.
The reason I disagree with Roe has nothing to do with going to church on Sunday.
And it's a bad decision because it's based on a legal fiction, better known as the right to privacy.
Now, you go ahead and show me where the framers mentioned the word "privacy.
" You can't because it's not in there.
The Burger Court said that Yeah, the penumbra of the Fourteenth Amendment.
Judicial hocus pocus, acting like politicians instead ofjustices.
The Constitution is what it says it is and nothing more.
And you can rewrite judicial history when you're appointed to the Supreme Court.
God willing.
HOBART: They logged on and swiped my client's personal letters without his knowledge, and more importantly, without a search warrant.
He had an expectation of privacy.
It is literally impossible that Mr.
Hagen had an expectation of privacy in letters sent by Ms.
Sommers.
What about the letters he sent to her? Those are analogous to an open letter found on the street.
Not in this country, it's not.
The Constitution provides every person with a fundamental right to privacy.
JACK: If counsel is referring to Griswold and Roe, the court limited fundamental rights to those of personal autonomy, such as abortion and birth control.
That's a far cry from love letters.
Is it? The fact that the Constitution explicitly protects some rights and not others necessarily suggests that the framers did not intend to protect those rights they chose to omit.
They chose to omit privacy, therefore it must be a legal fiction.
You've been reading your new boss' books, Mr.
McCoy.
So have I.
The letters are in.
Your Honor! JUDGE: Congratulations, Mr.
Hobart.
You've got grounds for appeal.
You won.
You should be celebrating.
I didn't believe a word I said in there.
I can't believe the judge bought it.
"The law should be stable but never stand still.
" That was written over the entrance to my Con Law class.
Today, I argued that the Constitution should not only stop dead in its tracks, it should revert back two centuries.
Well, that's the difference between school and real life.
Cards on the table.
Do you think the cops overstepped the constitutional bounds? I think a lot's changed since 9 l 11.
Yeah.
JACK: When was the last time you saw Kelly? September 11th was Tuesday.
We had coffee Monday morning.
How many times a week would you say you saw each other? It depended on work.
Hers or yours? Hers, mostly.
But however busy we were, we tried to have breakfast at a coffee shop that's near both our offices.
Actually, that's where we first met.
On the morning of September 11th, did you and Kelly have breakfast together? No.
Why not? She didn't show up.
So you don't know if she went to work that morning, do you? No.
Was that the first time Kelly didn't show up for breakfast, Mr.
Housman? No.
Sometimes her boss wanted her in early.
So you didn't think twice about it when she didn't show? No.
Not really.
I'll show you what I'll call Defendant's Exhibit Four.
Oh, my God.
Approach! Let me have that.
No way, Your Honor.
This is only meant to outrage the jury.
My client's defense is that the deceased died when the Towers came down.
This is evidence.
Evidence to make the jury throw up? Rule of thumb, in my court, that's inadmissible.
We'll call this Defendant's Five.
Do you recognize it, Mr.
Housman? DONALD: Yes.
It's Kelly's purse.
The one she has with her every morning when you have breakfast before work? Yes, that's right.
So, this would be Kelly's lipstick, then? Yes.
This would be Kelly's driver's license? JACK: Objection.
HOBART: Her compact? Your Honor.
Her keys? JUDGE: Enough, Counselor.
Go ahead, Mr.
Housman, take it.
Could you read what's printed on the yellow tag attached to the strap? "Found 112 yards northeast of Church and Vesey.
" Thank you, Mr.
Housman.
A terrible thing happened to this country on September 11th.
It affected some of us more than others.
You have my heartfelt sympathy.
RIVERTON: The basic structure of DNA is actually quite simple.
There are four basic molecules, adenine, thiamine, cytosine, and guanine.
The DNA in a single cell contains an individual's entire genetic blueprint.
And no two blueprints are identical? That is correct.
Did there come a time when you analyzed the DNA taken from the bone marrow of a Jane Doe, a skeleton previously marked "Exhibit A" at the behest of the medical examiner's office? Yes.
And what did you discover? That the skeletal Jane Doe was, in fact, Kelly Sommers.
Thank you, Doctor.
Are you aware, Doctor, that Jane Doe was discovered in a vacant lot in that area of town known as Hell's Kitchen? Yes.
I've read the complete file on Ms.
Sommers.
Let's just call her Jane Doe for the present, shall we? I show you Defendant's Exhibit Six.
Do you recognize it? Yes.
It's a DNA match performed by Dr.
Howard Fineburg.
And Dr.
Fineburg concluded that DNA taken from a hand found in the rubble of the Trade Center was identical to that of Kelly Sommers.
Isn't that correct? Yes.
You just testified that the same DNA was taken from a skeleton found several miles away.
Um, suppose, Doctor, just suppose, that the hand found at the Trade Center did not come from the body found in Hell's Kitchen.
What would that mean? That a hundred years of accepted science was wrong.
No more questions.
We had dinner together the night before she died.
We decided to end our relationship.
And whose decision was that? It was mutual.
I was married.
I loved my wife and children.
HOBART: And after dinner? At first I drove her home, but then we went to The Plaza for a drink, after which I took her home.
And what time was that? It was nearly midnight.
How did she end up dead in Hell's Kitchen? She didn't.
It's impossible.
All I know is, I saw her enter her building, then I drove off.
Now I know why Hobart put a biochemist on his witness list.
He's scrambling.
He can't possibly expect a jury to toss out well-established science.
The fact is, scientists start babbling on about the double helix and the jury starts thinking about lunch.
Hobart's going to put Mrs.
Hagen on the stand, and she'll say her husband's a bastard and she's divorcing him, but he was home in bed with her at 12:30 on the 10th.
That carries more weight with a jury than a thousand PhDs in biochemistry.
Actually, the Hagen women stand by their men.
It's part of their vows, "I promise to honor, respect, obey, "and let you run around with as many women as you want.
" Even if he kills them? Well, they're not that picky.
So, good news first or bad? Might as well get it over with.
Hobart called me.
He says he has a witness that definitely puts Kelly Sommers in the Trade Center on 9 l 11.
Only we have DNA that proves she was nowhere near Wall Street.
But if the jury buys his story, that casts doubt on all DNA evidence.
We could be in for an avalanche of appeals.
The call was a threat, drop the case or watch the system crumble.
There you have it.
The good news, I hung up on the S.
O.
B.
What happened to the old Southern hospitality? I may look like an poor country lawyer, but I've been in this town for over 20 years.
Surprise witnesses went out with the pillory, Your Honor.
The statute requires notice.
What can I do? The witness just came forward.
And how does your Mr.
Paulson enlighten this proceeding? He saw Kelly Sommers in the lobby of the Trade Center on the morning of the 11th.
The DNA evidence proves that's impossible.
Everyone in this room knows Mr.
Paulson must be mistaken.
Fortunately, everyone in this room doesn't count.
Unfortunately, he's right.
I'll give you a day to talk to this Mr.
Paulson.
I worked at the newsstand in the lobby of Tower One.
I was there over ten years.
That's a lot of people you saw there on a daily basis.
You don't know.
But Ms.
Sommers, that one I remember.
Always with the smile, always with the exact change.
And a "Hi, how are you, Arnold?" And you'd swear on your life you saw her on the morning of 9 l 11? On my life? But I'm pretty sure.
That's funny, Mr.
Paulson, because most people remember every little detail about that morning.
Jack, I think we can let Mr.
Paulson go now.
Thank you, Mr.
Paulson.
Serena I'm sure about this, Jack.
It's been a pleasure.
Kelly's purse, it had a compact, a lipstick, a driver's license.
It didn't have any change.
Maybe she did pay for a newspaper? I don't think so.
The bag they found at the Trade Center was an evening bag.
A bag a woman takes to work has a phone book, a date book, a pen.
The rescue workers found the bag she took to dinner the night before, not the one she usually took to work in the morning.
Which I saw in her sister's closet.
The thing is, her fiancé testified under oath that the evening bag is the one that she takes to work every day.
He's lying, Jack.
I don't suppose he has any more right to privacy than Hagen, but make my day, get a warrant.
CAMP: This guy's good.
He designs software for a living.
Well, he's got me stumped.
I'm into the company data bank, but because of his firewall I'm gonna need a password to hit his personal file.
Try "son-of-a-bitch.
" No.
Try "Boo-boo.
" Like in Yogi? Just try it.
It was her pet name for him.
CAMP: Oh, yeah, he's good.
Print them all out.
I hope I was okay on the stand.
You were fine.
I told you, honey.
No, I asked you to come down here because I wanted to ask you to search your memory for anything that might help prove Hagen's affair with Kelly.
I'd tell you if I remembered anything.
Even if it hurt? Of course.
JACK: Because your fiancée cheating on you, that would certainly hurt a lot.
I still don't believe she would.
That's interesting.
Because it appears you read all about it.
Where did you get that? The question should be, "Where did you get it?" I don't know what you're talking about.
We took this off your computer.
You knew all about Kelly's affair with Bradley Hagen.
This is my e-mail.
Donald loves to surf the net.
But somehow he keeps ending up in his lovers' e-mail.
JACK: Let me ask you, Mr.
Housman, the money you received as compensation for Kelly's death, what did you do with it? I gave it to the Police and Fireman's Relief Fund.
That's interesting, because they have no record of it.
I mean, don't you think that someone would record a $43,000 donation? JACK: That's a nice ring, Leah.
Mr.
Housman give it to you? Let me guess, he gave it to you in mid-March.
How did you know? It might have something to do with the timing of the check Mr.
Housman received as reparations for the loss of his fiancée.
Oh, my God! She cheated.
She said she'd marry me, but she cheated.
She tried to deny it, but no, I knew.
I knew.
He had money, but I loved her.
I'm sorry.
Leah, please.
Do you have an attorney, Mr.
Housman? Bradley Hagen sent me a case of champagne.
It doesn't matter what they say as long as they're talking about you.
I sent it back.
Housman's attorney has called three times for a sit-down.
Let him sweat a little.
I never knew men could be so insecure.
I once followed a girlfriend to a party, just to be sure.
In law school I ate at the undergrad cafeteria to keep an eye on a certain someone.
Until she spotted me, that is.
What did you do then? I gave her a ring.
These are their stories.
Oh, come on.
It's not like it's illegal or nothing.
Whatever law school you went to, I'd get my money back.
Come on, it's just a pack of smokes.
You know, Rodrigo, I don't really give a damn who or what you put in your body.
Hey, what's the big deal? The big deal is, your madre is gonna kick my Irish ass around the block a couple of times if she finds out it was me.
Who's gonna tell her? Nobody.
Well, look, I'll take the Ultra Lights.
McMANN: Come back in four years.
Yo, come on.
Let's just go across the street to the Greek's.
Yeah, he'd look good with your mama's foot up his butt.
Hey! Go! Sally! Get the register! Hey! Hey There! I catch you, I'll break your leg! You all right? Slide over, slide over.
Okay, man.
I know you're here.
Move over, man.
(GRUNTS) (EXCLAIMS IN SPANISH) Well, I'll put it this way.
I doubt Slim here showed up yesterday.
Always count on you, Nelson.
That's what I'm here for.
Looks like somebody tried to bury this guy, but you can't put anything past our furry friends.
BRISCOE: It looks like the chosen mode of transportation was a duffel bag.
Hey, what are you, Steven Spielberg? Christmas cards.
Just get it over to the M.
E.
's office, will you? It's like this place is some kind of al fresco crack house.
Mr.
McMann, have you ever reported it? These people, they're cockroaches.
No matter how much you spray, they scurry back when the lights go out.
And what brought you to this garden spot on such a lovely morning? He chased Butch and Sundance over there.
Asked for cigarettes, ran off with cake.
Throw in whiskey, you've got a three-course meal.
This reminds me of science class.
This reminds me of home.
Home? I grew up in the Meatpacking District.
Well, this one is definitely not bovine.
Female, I'd say, early to mid-twenties.
ED: How long she been like this? Best guess, a year, 15 months.
Any signs of homicide? I doubt it was an eating disorder.
She took a mighty wallop to the head.
Whoa! Did she have any help decomposing? Mother Nature, hungry rodents.
Lye? Too soon to tell.
Among her many problems Well, was it amputated? Not by anyone with a license.
The ulna was shattered.
Well, there's another one for the homicide theory.
Have you ever seen the rats on the West Side? They could rip the fender off a hummer.
I've sent bone marrow samples to the lab for DNA testing.
Did you happen to find any jewelry at the scene? No, but there's some lovely furniture if you're looking for a bedroom set.
There's discoloration here on the bone, which means a ring was probably there after she lost all the weight.
Missing Persons give you anything? There wasn't much on 20-year-old skeletons with one arm.
There were over 3,000 reported in that age group.
And that's assuming she went missing last year.
Hey, it's Hell's Kitchen.
The Westies used to cut off a hand to use for fingerprint plants.
Not with women.
Chivalry is still alive and doing well somewhere in the world.
What about the ring? CSU came up empty.
Well, we know it was on her finger.
Mmm-hmm.
Are you thinking what I'm thinking? Hey! Trinidad! Hey, yo, hold up.
Don't you two know that it's impolite to turn your back when somebody's trying to talk to you? Uh, they missed that day in charm school, Ed.
So you figured out who killed that lady? Lady? We should get this guy a job in the M.
E.
's office.
How'd you know it was a lady, Trinidad? One out of two.
ED: And you're just a lucky guesser? That's good, man, because if you two happened to have pulled a ring off that lady's finger, that would be theft, tampering with evidence, and trafficking in stolen goods.
What ring? The one McMann from the grocery store saw you put in your pocket.
Son-of-a-bitch.
How'd he see us? Yo, shut up.
You didn't talk to McMann, did you? ED: Give it here.
We'll be gone.
No harm done.
You guys are cops.
You ain't supposed to lie.
How many times I have to tell you that, Detective? Y'all be good.
Yes, it's a Harry Winston.
The Princess Grace, actually.
Semi-popular last year.
We no longer sell it.
The ring has a name? One has to distinguish it somehow, doesn't one? Did you sell a lot of these? Enough.
It went for only 40.
With a price tag like that, I bet you keep a record of the buyers? Computers, don't you love 'em? Okay, how about printing out a list of everybody that bought one of these? Anything to help the men in blue.
There is no jeweler-client confidentiality is there? Today, please.
Why do people waste that much money? This coming from Mr.
Rolex.
Hey, there's a big jump between my Rolex and that ring.
You just don't get it, do you? What? Spending that much on diamonds? No, I don't.
You are so single.
You know, jewelry isn't just something for a woman to look at.
It's a safety net.
Oh, here we go.
Safety net? Yeah, something they can fall back on when the man in their life decides he wants another life.
Or drowns his in a bottle of bourbon? Yeah, something like that.
Lennie, I know a whole lot of women that would kick you in your jewels for a theory like that.
After they got the rock.
All I'm saying is, these moneyed elitists are starting to bore me.
Hey, I voted for alphabetical.
You're the one who said you wanted to go geographical.
I apologize for eating and talking, but I've got a closing in 20 minutes.
It's not a problem.
You know, I voted for your Dad.
He appreciated it.
What can I do for you? Actually, we found this ring.
My wife has one just like it.
BRISCOE: Has or had? Did something happen to her? No, I'm sure she's fine.
It's just that we'd like to actually see her ring.
Someone's selling knock-offs, right? God bless American creativity.
Janie, where's Ashley this afternoon? JANIE ON INTERCOM: Hold on a second.
Let me check her schedule.
They call it Killer Chocolate Cake because the wife would kill me if she knew.
High blood sugar.
Want a bite? No, I'm driving.
(CHUCKLES) She's having lunch at Parioli.
Elie Tahari at 2:00.
Thanks.
There you go.
She's all yours.
Thanks for your time, sir.
This couldn't have waited? You know what they say, "Time is money.
" And I'm paying Sven more per hour than I pay my doctor.
People wait months for an appointment with Sven, you know.
You should see the earrings Bradley bought me last Christmas.
Yeah, disposable income's gotta be disposed, huh? "You got it, you go with it.
" That's what Bradley always says.
Yeah, right after he spit out that silver spoon.
Bradley made his own money, I'll have you know.
He's a financial genius.
We appreciate your time, Mrs.
Hagen.
ED: You wouldn't think that somebody that lived over here could pay 40 grand for a ring.
You know Watkins over in the 21? That's the tall guy with the thing, right? Yeah.
Six kids, two bedrooms in Queens, drives a Porsche to work every morning.
A Porsche I can understand, but a ring? You said 3D? Yeah, Kelly Sommers, 3D.
No.
It's Alphonso Ruggerio.
Well, maybe she got hitched.
Excuse me.
Hey, do you live here? Yes, I do.
And no, I won't let you in.
Uh, we're the good guys.
Oh, well.
You never know, you know? Actually, we're looking for the woman that lives in 3D.
Kelly? Is this a joke? Kelly Sommers? ED: That's right.
What, she get married, move? She died, September 11th.
She was on the 89th floor of the World Trade Center.
VAN BUREN: Is it possible the ring was stolen? It was never reported.
So, maybe this ring was a false lead from the get-go.
Do we have a DNA test on the skeleton yet? It's still at the lab.
Okay, the first thing I want to know, was it really Kelly Sommers at the bottom of that blast? Smiley, Sokol, Sommers That's it.
Kelly.
VIP gives us VIP? Victim Identification Profile.
Born August 12th, 1978, blond hair, green eyes.
Worked at an investment bank called Stewart Fells.
Eighty-ninth floor of Tower One.
His sister Caitlin reported her missing.
It doesn't sound like enough to issue a death certificate.
Does a hand help? They uncovered a hand.
A left hand? That's right.
Just one of 20,000 other pieces of human remains.
And a few feet away from the hand, a pocketbook, filled with all kinds of ID.
We matched DNA with hair from a brush found in her apartment.
CAITLIN: She was my baby sister.
We always thought Kelly was the one that might actually make it.
Here, sweetie.
ED: We? There were five of us, three boys, two girls.
Mom died right after Kel was born and Dad, well, he wasn't exactly what you would call parental.
Kelly was the only one of us to go to college.
She wanted to work on Wall Street.
She make a pretty good living? We didn't really talk about things like that.
She was so happy.
She was just engaged.
Donald, a sweeter guy you can't find.
Did Donald buy Kelly a ring like this? I never saw it.
Kelly never really wore jewelry.
You found this in the blast, didn't you? Something like that.
Well, I hope you find the family of the person it belonged to.
It looks expensive.
Well, thank you for your time, Mrs.
Birch.
One more thing.
Kelly's fiancé, Donald? What's his last name? Housman.
He's in computers.
Thanks.
I proposed August 11th at The Water Club.
She started to cry.
So did I.
So, yes, we were engaged for exactly a month.
I'm sorry.
The worst thing is, I never got to say goodbye.
KELLY ON RECORDING: I have to work late tonight, Boo-boo.
We'll talk tomorrow.
Love you, 'bye.
She called me "Boo-boo.
" Stupid, huh? Was that the night before I can't bring myself to erase it.
Did Kelly have a ring like this? We would have bought a house before we wasted money on something like that.
I should have gone to her place when she was done with work.
We could have had a glass of wine.
I would have spent the night.
(SIGHS) ED: Did you ever see Kelly wearing this ring? That I would notice.
What is it you do here exactly? We trade foreign currency.
Right.
I'll give you two drachmas for ten yen? Something like that.
Was Kelly really good at it? No, no.
Kelly wasn't a trader.
She was my assistant.
Assistant, as in secretary? This would have been her desk.
I wasn't in the office that morning.
Root canal.
How many people can say their dentist saved their life? BRISCOE: You don't think it's odd that not one of the survivors at the company can actually say she was there that morning? Nobody can say she wasn't, either.
Look, all I'm saying I know what you're saying.
There's nothing that proves that she died in the Twin Towers.
How about her left hand? Hey, how about a skeleton in Hell's Kitchen that's missing one? You're a betting man.
What kind of odds would you give me that, that hand doesn't belong to that skeleton? That's not the point.
Look, the point is, it's a lot easier to take a hand downtown than it is to drag a body uptown.
Call me Sydney the Cynic, but there've already been 30 arrests for 9 l 11 insurance fraud.
And how about that upstanding citizen who tried to rip off the stores in the promenade under Tower One? All right, you ask the sister.
I already told you.
I never saw that ring before.
We understand, but we're actually not here about the ring.
Uh, did your family get money from the city as reparation for your loss? Yes.
What is this about? There's a chance that Kelly didn't die in the Twin Towers.
I can't believe this.
Wait.
You think that we lied about the way she died to get the money? I didn't say that.
Do you know what we did with the money? We gave it to Donald.
And do you know what he did with it? He gave it to a fund for the families of the cops and the firemen.
Now please, just get out of here.
Weekly deposits of $673.
16.
That sounds like salary minus Uncle Sam's take.
I got monthly payments of 450.
I mean, I guess that's rent.
When did Kelly buy that ring? That was July 1st.
Yeah, which means it would show up on her August credit card bill.
Now does it seem coincidental to you that she happened to make four deposits of ten grand each on July 20th, Let me guess, cash.
She didn't buy the ring.
She just put it on her card.
Somebody else actually paid for it.
Somebody didn't want somebody else to know about the purchase.
Somebody who has a wife.
Look at this.
Credit card receipt, September 10th.
Kelly charged dinner at La Goulue.
Sounds expensive.
You actually expect me to remember who ate here over a year ago? Well, she may have been a regular.
I'm sorry.
Can we talk to your waitresses? Sure, but I would appreciate if you could wait until after the dinner hour.
We bake it all ourselves.
I'll bet that'll put a couple pounds on you.
We call it Killer Chocolate.
Really? You want to indict a guy because of a dessert? Well, it is killer chocolate cake.
For you.
Bradley Hagen's father ran for governor.
He has a brother in the State Senate, another on the City Council.
Kelly Sommers couldn't afford that ring or that restaurant.
It just so happens that Hagen dines at the restaurant regularly and purchased the same ring.
For his wife.
Hey, I knew a guy only dated women named Mary.
It kept things simple.
His LUDs? He never called her home or her office.
What about hers? The same.
That pretty much makes this a slam dunk.
They're having an affair, Lou.
She's engaged, he's married, they're both careful.
I should have been so careful.
But you didn't have e-mail.
Bingo.
Damn, this guy keeps busy.
The problem is, we need last year's e-mails.
Let me explain it to you.
There's all this information floating around out there.
Even if you erase it from your hard drive, it's still out there waiting for someone like me to pluck it down like it was an apple on a tree.
Keep on plucking.
You want e-mails sent or received? Both.
I'm glad she's on our side.
"I'm sorry I had to cancel last night.
I hope you'll forgive me.
"All I think about is our time together.
Love forever, Bradley.
" And she writes back, "I told you.
Things can't stay the same.
"We'll discuss it at dinner.
Kelly.
" She's getting ready for the "dump the wife or else I go public" speech.
She wrote it the day before she died.
That's right.
In the Trade Center courtesy of Osama bin Laden.
The perimeter wasn't established on 9 l 11 until 5:00 p.
m.
Before that, anyone could have gotten close enough to dump the evidence.
Do we have a DNA match? They're still working on it.
So, we're basing all of this on a ring? It's a hell of a ring.
Bring him in, for questioning only.
Come on, guys.
It's not like I'm the first man on the planet to step out on his wife.
And you ain't the first man whose mistress ended up dead, either.
What? The Trade Center's my fault, too? No.
But we don't think she died in the Trade Center.
You're saying what? We found a skeleton dumped in a lot in Hell's Kitchen that very well may be Kelly Sommers.
That's impossible.
It had a ring that you paid for.
I'm sure I'm not the only one who bought that ring.
No, you're not.
But it just so happens that everybody else has theirs.
What happened? Kelly start to put a little pressure on? I have a wife and three children.
I'm not going to announce my affair on the ticker in Times Square.
I loved Kelly.
What reason in the world would I have for wanting her dead? Maybe she wasn't opposed to that "Times Square ticker" thing? You were with her the night of September 10th? We had dinner.
I dropped her off at her apartment.
That's it.
They found her hand, for God's sake.
And you caught a break.
Kelly never got the chance to break the news to the missus.
He doesn't look like a murderer.
Why's that? Because his mother's in the DAR? No, because he hasn't once asked for his lawyer.
Without more, we can't indict.
Hell, we can't even prove there was a murder.
We can now.
DNA says the skeleton uptown and Kelly Sommers are one and the same.
Let him go.
I'll talk to McCoy.
The theory is that Bradley Hagen killed Kelly Sommers uptown on the night of September 10th, then awoke to find that the terrorists had given him the perfect out.
Because she threatened to expose their affair? Well, she implied it in her e-mail.
Arresting a Hagen in New York is like arresting a Kennedy in Cambridge.
We'll need more than implication.
Is that cigar smoke from the old boys' club I smell, Arthur? No, it's a healthy whiff of old-fashioned pragmatism.
But the press will run with cronyism.
It's no secret the Hagens supported your election.
The press doesn't know that some nitwit in a black robe might toss the e-mail as a violation of Bradley Hagen's privacy.
Don't you think I think interleague play disrupted the moral fiber of this nation.
I think Roe v.
Wade was wrongly decided.
And I think if you indict someone named Hagen on my watch, you damn well better convict them.
So we turn the other cheek because of who he is? As a matter of fact, yes.
Unless you come up with something more than a chunk of chocolate cake and an epistle from cyberspace.
CSU has been up and down that lot.
There's nothing there.
The duffel bag? Standard issue.
They sell it at every sporting goods store on the East Coast.
Hey, there's always slap the cuffs on and see if we can scare a confession out of him.
I don't think so.
What? Your new boss plays by the rules? (SCOFFS) Yeah, his own.
Kelly's personal items, the stuff in her apartment, what happened to it? The family's got it.
Wanna come? No, actually the sister is not too crazy about us.
I think you'd be better off alone.
Later.
See you.
Kelly was always one grade behind me in school.
When she was a junior, I gave her a copy of the chemistry exam my teacher gave me the year before.
You know, to help her study.
Well, it turned out, the teacher gave Kelly's class the exact same exam.
So she had all the answers.
She felt so guilty that she went to the teacher and she told her what happened.
A person like that does not have an affair with a married man.
A person like that does not cheat on her fiancé.
Maybe she was embarrassed, Caitlin.
I'm her sister.
Why would she keep secrets from me? Because you're her sister.
Sometimes the hardest people to expose your flaws to are the ones you love the most.
Well, I don't know what you expect to find.
Neither do I.
The left side is Kelly's.
She has good taste.
You ever wonder how she could afford clothes like this? She worked on Wall Street.
I didn't know.
Is this CAITLIN: No.
The FBI kept the one they found in the rubble.
Photos, things like that, I gave to Donald.
I've been through the 12 stages of grief, Ms.
Southerlyn.
Nobody told me I was gonna have to start all over again.
I know how you feel No, you don't.
I'm sorry.
It's just, when you mourn, you try to start your life over.
(SIGHS) The world goes round, right? Leah and I met in a group.
My brother was in Ladder 66.
I'm sorry.
The emptiness, it still hasn't gone away.
We try to tell ourselves it was fate.
I knew Kelly better than anyone.
I don't care what the e-mail says, there's no way she was having an affair.
If I could see her belongings? Sure.
I didn't know what to do with them.
I put them in storage.
I'll give you the key.
The people that knew her best seem to prefer that she was killed in a terrorist attack.
There's something to be said for closure.
That's a better theory than mine.
Which is? They saw something heroic in being killed in the Trade Center.
It's been a long day.
What exactly are we looking for? I wish I knew.
She liked to read.
She also liked to ski, go to the beach, the zoo Hey, Ed.
Hmm? Look at this.
Oh, that's the girl from Kelly's building.
This is the one that told us she died.
She was friendly with her neighbor.
So what? Well, I'm just guessing here, but I assume that there are things a woman will tell a girlfriend that she wouldn't tell her family or even her fiancé.
You should have seen her when Donald proposed.
It was like Cinderella or something.
You couldn't get her off the ceiling.
What about Bradley Hagen? Donald was like a rock, you know? Bradley, a thunderbolt.
I saw the ring.
Yeah, well, he bought her stuff, but She didn't love him? She could have if he didn't have a wife and kids.
Thought he'd never leave? No, just the opposite.
Bradley would have left his wife in a second.
Kelly wouldn't let him.
She didn't want to be responsible for breaking up a family.
She felt bad for the kids.
She told him she just wanted to be friends.
Bradley didn't like that idea? You don't say no to Bradley Hagen.
That night, the night before, she was gonna tell him at dinner that it was over once and for all.
Did you see her when she came home? Well, I saw her from my window in Bradley's Mercedes around 10:00.
She started to get out, but he must have convinced her to get back in because they drove off and I didn't see them come back.
It might have been late.
I know Kelly.
I knew she'd want to talk.
I told her to come by no matter how late she got home.
SERENA: Kelly wasn't threatening to expose their affair, Jack.
She wanted to call it off.
That's what the e-mail was referring to.
She was dumping him and he couldn't handle it.
This girl is credible? Yeah, she has no reason to lie.
Hagen said he dropped her off at home.
She saw them drive off.
It doesn't mean he didn't bring her home later.
She was dumping her lover, Jack.
Believe me, she'd want to talk to somebody about it.
And Molly was the only one who knew about the affair.
Hagen lied to the cops.
It doesn't prove he killed her.
Two years ago, he had an affair with his secretary and fired her when she tried to break it off.
She had to get a restraining order against him.
He can't stand to lose, Jack.
Call Van Buren.
What about Branch? There comes a time in every political life when a man has to risk getting a couple over easy right in the kisser.
Not again.
I got a game up in Westchester in 30 minutes.
Well, that's a two-stroke penalty for missing your tee time.
Bradley Hagen, you're under arrest for the murder of Kelly Sommers.
What? You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford one "Docket number 27465, People v.
Bradley Hagen.
"Charge is Murder in the Second Degree.
" How do you plead? HOBART: Not guilty.
Hagen? I voted against your father.
I move that you recuse yourself, Your Honor.
Don't pop a gasket, Counselor.
I voted for both his brothers.
People request the defendant be remanded without bail, Your Honor.
What are we having today? A special on chutzpah? Bail is set at $500,000.
Do you have that on you, Mr.
Hagen, or do you need a few minutes? HOBART: Your Honor.
I was joking, counselor.
Next! (BANGS GAVEL) CLERK: "Docket number 28571, People v.
Ryan Benson.
" You know I didn't do this.
Well, we'll have to see what a jury thinks.
Yes, we will.
And we'll also see how your new boss reacts when the long limb he just crawled out on cracks.
He throws a couple of bucks in the pot and expects me to fold like a blue-haired grandma in Atlantic City.
The problem is, if we lose, the press will say it's political.
And if we win What do you mean, "lf"? Well, this isn't by any means a sure thing.
First off, all of our evidence is derived from intercepted e-mail, which Hobart's already moved to exclude as a violation to Hagen's right to privacy.
That's nonsense.
Only there's case law that says it may not be.
Let me ask you something, Serena.
When I said what I did about Roe v.
Wade being wrong, what did you think? No holds barred? Pull no punches.
That you let your religious beliefs cloud your legal judgment.
The reason I disagree with Roe has nothing to do with going to church on Sunday.
And it's a bad decision because it's based on a legal fiction, better known as the right to privacy.
Now, you go ahead and show me where the framers mentioned the word "privacy.
" You can't because it's not in there.
The Burger Court said that Yeah, the penumbra of the Fourteenth Amendment.
Judicial hocus pocus, acting like politicians instead ofjustices.
The Constitution is what it says it is and nothing more.
And you can rewrite judicial history when you're appointed to the Supreme Court.
God willing.
HOBART: They logged on and swiped my client's personal letters without his knowledge, and more importantly, without a search warrant.
He had an expectation of privacy.
It is literally impossible that Mr.
Hagen had an expectation of privacy in letters sent by Ms.
Sommers.
What about the letters he sent to her? Those are analogous to an open letter found on the street.
Not in this country, it's not.
The Constitution provides every person with a fundamental right to privacy.
JACK: If counsel is referring to Griswold and Roe, the court limited fundamental rights to those of personal autonomy, such as abortion and birth control.
That's a far cry from love letters.
Is it? The fact that the Constitution explicitly protects some rights and not others necessarily suggests that the framers did not intend to protect those rights they chose to omit.
They chose to omit privacy, therefore it must be a legal fiction.
You've been reading your new boss' books, Mr.
McCoy.
So have I.
The letters are in.
Your Honor! JUDGE: Congratulations, Mr.
Hobart.
You've got grounds for appeal.
You won.
You should be celebrating.
I didn't believe a word I said in there.
I can't believe the judge bought it.
"The law should be stable but never stand still.
" That was written over the entrance to my Con Law class.
Today, I argued that the Constitution should not only stop dead in its tracks, it should revert back two centuries.
Well, that's the difference between school and real life.
Cards on the table.
Do you think the cops overstepped the constitutional bounds? I think a lot's changed since 9 l 11.
Yeah.
JACK: When was the last time you saw Kelly? September 11th was Tuesday.
We had coffee Monday morning.
How many times a week would you say you saw each other? It depended on work.
Hers or yours? Hers, mostly.
But however busy we were, we tried to have breakfast at a coffee shop that's near both our offices.
Actually, that's where we first met.
On the morning of September 11th, did you and Kelly have breakfast together? No.
Why not? She didn't show up.
So you don't know if she went to work that morning, do you? No.
Was that the first time Kelly didn't show up for breakfast, Mr.
Housman? No.
Sometimes her boss wanted her in early.
So you didn't think twice about it when she didn't show? No.
Not really.
I'll show you what I'll call Defendant's Exhibit Four.
Oh, my God.
Approach! Let me have that.
No way, Your Honor.
This is only meant to outrage the jury.
My client's defense is that the deceased died when the Towers came down.
This is evidence.
Evidence to make the jury throw up? Rule of thumb, in my court, that's inadmissible.
We'll call this Defendant's Five.
Do you recognize it, Mr.
Housman? DONALD: Yes.
It's Kelly's purse.
The one she has with her every morning when you have breakfast before work? Yes, that's right.
So, this would be Kelly's lipstick, then? Yes.
This would be Kelly's driver's license? JACK: Objection.
HOBART: Her compact? Your Honor.
Her keys? JUDGE: Enough, Counselor.
Go ahead, Mr.
Housman, take it.
Could you read what's printed on the yellow tag attached to the strap? "Found 112 yards northeast of Church and Vesey.
" Thank you, Mr.
Housman.
A terrible thing happened to this country on September 11th.
It affected some of us more than others.
You have my heartfelt sympathy.
RIVERTON: The basic structure of DNA is actually quite simple.
There are four basic molecules, adenine, thiamine, cytosine, and guanine.
The DNA in a single cell contains an individual's entire genetic blueprint.
And no two blueprints are identical? That is correct.
Did there come a time when you analyzed the DNA taken from the bone marrow of a Jane Doe, a skeleton previously marked "Exhibit A" at the behest of the medical examiner's office? Yes.
And what did you discover? That the skeletal Jane Doe was, in fact, Kelly Sommers.
Thank you, Doctor.
Are you aware, Doctor, that Jane Doe was discovered in a vacant lot in that area of town known as Hell's Kitchen? Yes.
I've read the complete file on Ms.
Sommers.
Let's just call her Jane Doe for the present, shall we? I show you Defendant's Exhibit Six.
Do you recognize it? Yes.
It's a DNA match performed by Dr.
Howard Fineburg.
And Dr.
Fineburg concluded that DNA taken from a hand found in the rubble of the Trade Center was identical to that of Kelly Sommers.
Isn't that correct? Yes.
You just testified that the same DNA was taken from a skeleton found several miles away.
Um, suppose, Doctor, just suppose, that the hand found at the Trade Center did not come from the body found in Hell's Kitchen.
What would that mean? That a hundred years of accepted science was wrong.
No more questions.
We had dinner together the night before she died.
We decided to end our relationship.
And whose decision was that? It was mutual.
I was married.
I loved my wife and children.
HOBART: And after dinner? At first I drove her home, but then we went to The Plaza for a drink, after which I took her home.
And what time was that? It was nearly midnight.
How did she end up dead in Hell's Kitchen? She didn't.
It's impossible.
All I know is, I saw her enter her building, then I drove off.
Now I know why Hobart put a biochemist on his witness list.
He's scrambling.
He can't possibly expect a jury to toss out well-established science.
The fact is, scientists start babbling on about the double helix and the jury starts thinking about lunch.
Hobart's going to put Mrs.
Hagen on the stand, and she'll say her husband's a bastard and she's divorcing him, but he was home in bed with her at 12:30 on the 10th.
That carries more weight with a jury than a thousand PhDs in biochemistry.
Actually, the Hagen women stand by their men.
It's part of their vows, "I promise to honor, respect, obey, "and let you run around with as many women as you want.
" Even if he kills them? Well, they're not that picky.
So, good news first or bad? Might as well get it over with.
Hobart called me.
He says he has a witness that definitely puts Kelly Sommers in the Trade Center on 9 l 11.
Only we have DNA that proves she was nowhere near Wall Street.
But if the jury buys his story, that casts doubt on all DNA evidence.
We could be in for an avalanche of appeals.
The call was a threat, drop the case or watch the system crumble.
There you have it.
The good news, I hung up on the S.
O.
B.
What happened to the old Southern hospitality? I may look like an poor country lawyer, but I've been in this town for over 20 years.
Surprise witnesses went out with the pillory, Your Honor.
The statute requires notice.
What can I do? The witness just came forward.
And how does your Mr.
Paulson enlighten this proceeding? He saw Kelly Sommers in the lobby of the Trade Center on the morning of the 11th.
The DNA evidence proves that's impossible.
Everyone in this room knows Mr.
Paulson must be mistaken.
Fortunately, everyone in this room doesn't count.
Unfortunately, he's right.
I'll give you a day to talk to this Mr.
Paulson.
I worked at the newsstand in the lobby of Tower One.
I was there over ten years.
That's a lot of people you saw there on a daily basis.
You don't know.
But Ms.
Sommers, that one I remember.
Always with the smile, always with the exact change.
And a "Hi, how are you, Arnold?" And you'd swear on your life you saw her on the morning of 9 l 11? On my life? But I'm pretty sure.
That's funny, Mr.
Paulson, because most people remember every little detail about that morning.
Jack, I think we can let Mr.
Paulson go now.
Thank you, Mr.
Paulson.
Serena I'm sure about this, Jack.
It's been a pleasure.
Kelly's purse, it had a compact, a lipstick, a driver's license.
It didn't have any change.
Maybe she did pay for a newspaper? I don't think so.
The bag they found at the Trade Center was an evening bag.
A bag a woman takes to work has a phone book, a date book, a pen.
The rescue workers found the bag she took to dinner the night before, not the one she usually took to work in the morning.
Which I saw in her sister's closet.
The thing is, her fiancé testified under oath that the evening bag is the one that she takes to work every day.
He's lying, Jack.
I don't suppose he has any more right to privacy than Hagen, but make my day, get a warrant.
CAMP: This guy's good.
He designs software for a living.
Well, he's got me stumped.
I'm into the company data bank, but because of his firewall I'm gonna need a password to hit his personal file.
Try "son-of-a-bitch.
" No.
Try "Boo-boo.
" Like in Yogi? Just try it.
It was her pet name for him.
CAMP: Oh, yeah, he's good.
Print them all out.
I hope I was okay on the stand.
You were fine.
I told you, honey.
No, I asked you to come down here because I wanted to ask you to search your memory for anything that might help prove Hagen's affair with Kelly.
I'd tell you if I remembered anything.
Even if it hurt? Of course.
JACK: Because your fiancée cheating on you, that would certainly hurt a lot.
I still don't believe she would.
That's interesting.
Because it appears you read all about it.
Where did you get that? The question should be, "Where did you get it?" I don't know what you're talking about.
We took this off your computer.
You knew all about Kelly's affair with Bradley Hagen.
This is my e-mail.
Donald loves to surf the net.
But somehow he keeps ending up in his lovers' e-mail.
JACK: Let me ask you, Mr.
Housman, the money you received as compensation for Kelly's death, what did you do with it? I gave it to the Police and Fireman's Relief Fund.
That's interesting, because they have no record of it.
I mean, don't you think that someone would record a $43,000 donation? JACK: That's a nice ring, Leah.
Mr.
Housman give it to you? Let me guess, he gave it to you in mid-March.
How did you know? It might have something to do with the timing of the check Mr.
Housman received as reparations for the loss of his fiancée.
Oh, my God! She cheated.
She said she'd marry me, but she cheated.
She tried to deny it, but no, I knew.
I knew.
He had money, but I loved her.
I'm sorry.
Leah, please.
Do you have an attorney, Mr.
Housman? Bradley Hagen sent me a case of champagne.
It doesn't matter what they say as long as they're talking about you.
I sent it back.
Housman's attorney has called three times for a sit-down.
Let him sweat a little.
I never knew men could be so insecure.
I once followed a girlfriend to a party, just to be sure.
In law school I ate at the undergrad cafeteria to keep an eye on a certain someone.
Until she spotted me, that is.
What did you do then? I gave her a ring.