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Body of Evidence (1993)
All right, easy.
Lousy morning for it. Mr. Andrew Marsh, bagged and tagged. Better him than us. So what did him in? Looks like cardiac arrest, but l'll call you later. -Mr. Garrett. -Morning, sir. l'll be outside. Sir. Lieutenant... -Nice quality. -Nice ass. That was the tape in the VCR. The power was still on. The sucker had a heart attack watching his home movies. What do you need me for? He was tied up. l've heard remote, but-- What the hell is this? That is a nipple clamp. -How would you know? -He's from L.A. l just happen to be a well-informed individual. How does this thing work? Who cares? Bag it. This is kinky shit. Harry, take a picture of these gouges for me. Looks like she had him chewing on the wood. No, it looks more like she had him handcuffed. Who found the body? Secretary came by to pick up some papers. Hell of a shock. Want to talk to her? She wouldn't leave. Thought we'd steal the silver. Can you blame her? Do you want me to identify her? lt's Rebecca Carlson. His girlfriend. They had a date last night according to Ms. Braslow. This is Bob Garrett from the District Attorney's office. Ms. Braslow was Mr. Marsh's secretary for six years. She killed him. You've got your first witness. The Resurrection and the Life will raise him up in glory. Then may he see the light of Your presence, Lord Jesus. ln the name of the Father, and of the Son... and of the Holy Spirit, amen. Bless this grave... and send your angel to watch over it. Forgive the sins of our brother, whose body we bury here. We ask this through Christ our Lord. Amen. Go in peace with Christ. Thanks be to God. Miss Carlson? -l'm sorry l'm late. -Frank Dulaney? l look that much like a lawyer? Who else would speak to me? His friends think l shouldn't even be here. Will you represent me? There haven't been any charges filed against you. But there will be. You know that. Do you think l killed him? That's a question l never ask my clients. What matters is whether the state can prove you killed him. l loved Andrew. Why is it so hard for everybody to believe? You know why. You're young and beautiful... and you were involved with a wealthy older man. He wasn't old to me. l'm sorry l said that. A big part of my life has been taken away from me... and people are saying it was my fault. They've taken something good between two people in love... and made it dirty. l didn't kill him. You believed her? Actually, l did. You're a romantic. Not at all. l just know bullshit when l hear it... and this wasn't bullshit. Sharon, how can you say she didn't love him... without having met either one of them? He was too old. He's right. That's a very narrow view of love. lt's what the jury will think. Did he have any family? Lots of wives, no kids. The register broke down again. lt's the register. Going to be here a while? No. We're going home. l have to lock up tonight. Why don't you hire a manager? Because at least l won't be stealing from myself. Last time this week? Want a kiss? lt's OK. Nobody noticed. Bye. Bye-bye. Jamie! How'd you sneak past me? l saw some friends. Those are your friends? These are my friends. Can you really screw someone to death? No. Besides, you don't have to worry about that stuff yet. Do you? No. Because you are a good-looking guy. Let's go. OK, let's go. The neighbors saw you go into Marsh's house at 8:30. She's not denying she was there. Did you have sex with him? Yes. Did you handcuff him to the bed? Don't tell me it's relevant, Bobby. You didn't have to answer that. No, but we appreciate her honesty and cooperation. -Bullshit. -When did you leave? Around midnight, l suppose. lf l had known it was going to matter... l would've paid more attention. Well, it's true, Frank. There's nothing wrong with saying that. Miss Carlson, do you use cocaine? Cocaine use is illegal in the state of Oregon. l've never used it in Oregon. Can we move on, please? Did Mr. Marsh use cocaine? Never. The toxicology tests came back positive for cocaine. Then it's false positive, because we never did drugs. Not even poppers? She just said they didn't use drugs. Amyl nitrate is often available to heart patients. Were you aware of Mr. Marsh's heart condition? He had arrhythmia. That's not a heart condition. Mr. Marsh had an advanced case of heart disease. He said it wasn't serious. Why would he lie to you about it? l never know why men lie. They just do. Men lie. Would you describe yourself as a dominatrix? Back off of this, Bob. -A sadomasochist? -That's it. lnterview's over. Let's go. You want to charge her? Go ahead. Otherwise, you can reach Miss Carlson through my office. Fine. But l don't think that'll be necessary. -Reese. -Right. Rebecca Carlson... you're under arrest for the murder of Andrew Marsh. You have the right to remain silent. Anything you say can and will be used against you... in a court of law. Rebecca, l'll have you out as fast as l can. ...one will be appointed to you by the state. Trying to get your name on the front page? You fucking sandbagged me! Jesus, Frank, don't take it personal. Spending too much time with criminals affects your judgment. -You don't have probable cause. -Sure, l do. Marsh's will leaves all $8 million to your client... which would've given even me motive... and she admits to being there the night of the murder. You don't know it was homicide. The method's self-explanatory. What are you going to do? Tag the body as the murder weapon? Exhibit ''A''? lt's not a crime to be a great lay. Sure. l'd have to have myself indicted. This case is ridiculous. Drop the charges, save the state some money. You can't convict. Cocaine slipped to a rich old man dying of heart disease? l think l can make that case. Not without intent. She'll get manslaughter. Tell your client 20 years. Seven, if she behaves. There they are. Did you do it, Miss Carlson? Get me out of here. Bobby Garrett's going to stage a big ugly trial. Does he really expect me to plead guilty... to spare myself the embarrassment? l'm not guilty. l'm not going to plead guilty. l'd feel better if you weren't in the will. Andrew put me in his will? Don't start jerking me around. You're the primary beneficiary. How much? Wouldn't you ask? Come on, how much? Eight million, give or take. That's a hell of a motive. l know how Bobby works. He's going to build his case on your sex life. He'll drag out every dirty little thing you did. lt wasn't dirty. Not to you. Not to Andrew. But people here have very conservative views about sex. No, they don't. They just don't talk about it. They're such hypocrites. Those hypocrites will be sitting in the jury box... listening to Garrett say how you led Andrew into perversion. l didn't have to lead him anywhere. Andrew knew exactly what he wanted. All we did was make love. ln handcuffs. lt was different, but it was still making love. Have you ever seen animals make love, Frank? lt's intense. lt's violent. But they never really hurt each other. We're not animals. Yes, we are. You're great when you get a big case. How about the rest of the time? You know what l mean. l have to take a shower. You don't get as rich as Marsh by being a nice guy. l want you to find out who he fucked over-- business, personal, social-- anyone who might want him dead. l'm hitting all the dealers... with a list of their nearest and dearest. Maybe we'll get lucky and come up with a user. Joanne Braslow is here. Garrett brought doughnuts. The man's considerate. But he always eats them all. lt wasn't normal. They didn't have normal sex. How do you know what kind of sex they had? l wasn't peeping through the keyhole... if that's what you're implying. l would go to the house to pick up and drop off papers... and l would find their little toys all over. Would you characterize... your feelings toward my client as negative? l don't have much sympathy for drug users. Do you have personal knowledge that she used drugs? l personally saw her shovel the stuff up her nose. ls that good enough? ln front of a secretary? l was at the house one morning. l thought she was still upstairs with him. l went into the powder room... and she was spooning coke from a little vial. What did she say when she saw you? She was too busy to notice. Did you tell your boss what you had seen? -No. -And why not? l wanted to keep my job. That didn't include telling him... his girlfriend was a cokehead slut. Frank... take the last doughnut. You fucking lied to me. You lied on tape. You were asked a direct question-- ''Do you use cocaine?'' And l said no. Now they've got an eyewitness... that can testify not only do you use cocaine... but you used cocaine in Marsh's house. Joanne's lying. l didn't say it was Joanne. Who else would have been in the house? Do you know the expression ''smoking gun''? She was in love with him. Don't you see that? Andrew Marsh must've been a goddamn lovable guy. Everybody loved him ! l haven't touched coke since l was 17. She makes a good witness. l want you to meet somebody. lt's right over here. Dr. Novaro? Ah, Miss Carlson. l've been waiting for you. Sorry l'm late. This is Frank Dulaney. He's my lawyer. -Could you give me my medicine? -Certainly. There you are. Go ahead. You got to be kidding. lnvestigate. What the hell is it? Chinese peony roots. What's it used for? -lt's an aspirin substitute. -Tell him why. She suffers from dysmenorrhea. Cramps. Miss Carlson, l'm ready whenever you are. Thank you. You're supposed to be on my side, Frank. Could've at least given me the benefit of the doubt. You're right. l'm sorry. Do you mind waiting 15 minutes? Not at all. Look around. Just a little pain in the lumbar. Here, pussy-puss. Hello, kitty. Such a beautiful kitty. ls it still raining? Can you drive me home? Sure. l'll give you a ride home. l've never been in one of these. Now's your chance. Come in. lt's a bad idea. Why? l'm your lawyer. lt doesn't look good. Nobody's looking. Good night, Rebecca. Are you scared? Not if you tell me l shouldn't be. We're going to kick their ass. All rise. Superior Court for the county of Multnomah... is now in session. The Honorable Judge Mabel Burnham presiding. l can't change the titillating nature of this trial... but if l had wanted to work in a circus... l would've learned how to ride a trapeze... so l will not put up with any performances... by counsel or by the gallery. Are the people ready to proceed, Mr. Garrett? Yes, Your Honor. Andrew Marsh made what turned out to be... a fatal mistake. He fell in love. He fell in love... with a ruthless, calculating woman... who went after an elderly man with a bad heart... and a big bank account. You all can see the defendant, Rebecca Carlson... but as this trial proceeds... you will see she's not only the defendant... she is the murder weapon itself. lf l hit you... and you die... l am the cause of your death... but can l be called a weapon? The answer is yes... and what a deadly weapon Rebecca Carlson made. The state will prove that she seduced Andrew Marsh... and manipulated his affections... until he rewrote his will, leaving her $8 million... that she insisted on increasingly strenuous sex... knowing he had a severe heart condition... and when that didn't work fast enough for her... she secretly doped him with cocaine. His heart couldn't take the combination... and she got what she wanted. She is a beautiful woman... but when this trial is over... you will see her no differently than a gun or a knife... or any other instrument used as a weapon. She's a killer... and the worst kind-- a killer who disguised herself as a loving partner. Mr. Dulaney. Ladies and gentlemen... you were told during jury selection... that the testimony in this trial... would be sexually explicit... and you may find it offensive. You may even be disgusted by what you hear. But l want you to remember that Rebecca Carlson... is not on trial for her sexual tastes. She is being tried for murder... and to charge her with murder is ludicrous. The state would like you to believe... that she somehow fornicated Andrew Marsh to death. But the state's case is built on fantasy, not fact. And the facts, as they are... are entirely circumstantial. lt's not a crime to be a beautiful woman. lt's not a crime to fall in love with an older man. This case should have never come to trial. But since it has... l know you'll listen to the testimony objectively. And when you hear the evidence objectively... you will acquit Rebecca Carlson of the charges against her. Dr. McCurdy, did you find any indication... that Mr. Marsh used cocaine on a regular basis? No. His nasal membranes were way too smooth... for even occasional use. Were you able to determine how he ingested this drug? A bottle of nasal spray found next to the bed... was filled with a solution of water and cocaine. The victim had a head cold at the time of his death. l believe he was drugged without his knowledge. Objection-- lack of foundation. The witness is speculating. Motion to strike the testimony. So ordered. The jury should disregard the witness' comment. Was this the spray you found, Doctor? Yes, that's it. Entered as People's Exhibit ''A.'' Now, Dr. McCurdy, what would cocaine do... to someone in Mr. Marsh's condition? lt would accelerate his heartbeat. And if he were having sex... while under the influence of such a stimulant? lt would be the same as shooting a loaded gun at him. Now, you said in your autopsy report... that Mr. Marsh was restrained at the time of his death. Can you explain that, please? From the marks on his wrists and the bedstead... l believe that the victim was handcuffed. At the time of his death? Yes. The bruising and friction was quite extensive. Thank you, Dr. McCurdy. Your witness. Dr. McCurdy, you testified that in your opinion... Mr. Marsh suffered his fatal heart attack... while he was restrained. Yes, sir. And your evidence for this... is the marks on his wrist, am l right? You are correct. Now, couldn't those same marks have been made... while he was flailing about in the throes of sexual ecstasy? l suppose. Did you find any older marks... indicating the use of restraints? Just on his ankles. Where they wouldn't show in public. Objection--counsel's drawing his own conclusion. Sustained. You know better, Counsel. Dr. McCurdy, can you medically say... that Mr. Marsh didn't decide to get high? lt seems very unlikely that a man in his circumstances-- Dr. McCurdy, are you a licensed psychiatrist? Objection--argumentative. Sustained. How did you reach your conclusion... about what Mr. Marsh would or wouldn't do? Common sense. Did you find any evidence of that in the autopsy? Do you know for a fact that Mr. Marsh had any common sense? You just testified he liked unpleasant things. Your Honor. No further questions. lt's going to be a long trial for you, Counselor... if l have to start warning you on the first day. Where do you work, Dr. Paley? l am an emergency room physician... at Memorial Hospital. Were you on duty the night of February 5th of this year? l was the admitting physician. -Did you admit Andrew Marsh? -Yes, l did. What was the reason? Cocaine poisoning. Did Mr. Marsh discuss the circumstances with you? Yes, he did. l read my notes again before l came to be accurate. According to my notes, the patient told me... that it was the first time he tried cocaine... and it was going to be the last. Would you describe his condition, please? He presented a galaxy of symptoms. Hyperpyrexia-- which is a high fever... associated with cocaine intoxication-- severely elevated blood pressure... arrhythmia, shortness of breath. And while l was examining the patient... he experienced status epilepticus. ls it common to have so many symptoms occur... in cases of cocaine poisoning? This patient was particularly sensitive. l thought he was lucky to go home alive. Did you tell him that, Dr. Paley? l told him if he ever tried cocaine again... he would be committing suicide. Your witness. No questions for this witness, Your Honor. Did you see Mr. Marsh the day before he died? How did he look? He was pale and sweating. Did you talk about Miss Carlson? And what did he say? That he was worried. l was worried. He said that if she kept it up... she was going to kill him... his heart couldn't take it. Thank you. No more questions. Miss Braslow, this strikes me as an intimate conversation... for a boss to have with his secretary. Did you often discuss his love life? We had a professional relationship... but l had been his secretary for six years. He liked to talk to me. Did he also mention to you... that Rebecca was thinking about moving back to Chicago? Yes, he mentioned it. So, the woman that he loved passionately... was thinking about leaving. Couldn't that have caused... the stress and anxiety you observed? Objection-- calls for rank speculation! Counsel for the prosecution has already used this witness... to establish the state of mind of the deceased. He opened the can, Your Honor. And l do see worms crawling all around you, Mr. Garrett. You can't have it both ways. Objection overruled. Answer the question, Miss Braslow. l suppose it's possible. Now, you testified that you saw Rebecca... inhaling cocaine in the bathroom. How do you know it was cocaine? lt was white powder. Were you ever a patient... at the Mount Hood Substance Abuse Center? Objection! Your Honor, Miss Braslow's medical history-- Your Honor, the prosecution has introduced cocaine... as one of the contributing causes of death. This is a reasonable line of questioning. l'll allow it. Weren't you a patient... at the Mount Hood Substance Abuse Center... from January 5th to February 5th two years ago? Yes. What were you being treated for? Substance and alcohol abuse. And was that substance cocaine? Was that substance cocaine? Yes. And didn't you supply your boss Mr. Marsh... with the cocaine that sent him to the hospital... with cocaine poisoning this year? Your Honor, l have in my hand... a copy of the admissions report. The square right here is designated... for the signature of the responsible party... the person who brought him into the hospital. Would you read that name out loud, please? Would you read the name out loud, please? Joanne Braslow. But l-- No further questions. Your Honor, l submit Defense Exhibit ''A.'' For your files. Did you always want to be a lawyer? lt was a fallback. l wanted to be a pro hockey player. What happened? l broke my ankle skating. l was showing off. How old were you? Seven. When l was a kid, l liked to steal strawberries. l'd sneak into the neighbor's yard. l remember they had a big fence. l'd always scrape my knees climbing over it. On the other side, they had these wild rose bushes. The thorns would dig into my legs... and cut my thighs when l slid down. But the strawberries always tasted so sweet. Because of how much it hurt to get them. When you first met Andrew... how did you know that he was like you? l was at a party... and there was a huge crowd of people... but we just saw each other, and we knew. Just like that? Look around. You want me to look around and tell you... if someone here has the same taste that l do? That's right. All right. Who? l'm not going to tell you. You're not going to tell me? No, l'm not going to tell you. Why not? Because he doesn't know it yet. Yes, it would be nice. What would? You and l making love. ls that what you think l was thinking? There's nothing wrong with admitting you want me. You take a lot for granted. Frank...go home. Thanks for dinner. Good night. My way. Are you scared? No. Would you see if Michael's up yet? The people would like to recall Dr. Alan Paley to the stand. Dr. Paley, you're still under oath here. Take it seriously. Do you know Rebecca Carlson? Yes. Did you, in fact, date Miss Carlson? Yes, we dated. Keep your rude mouths shut or get out of my courtroom. This is the only time l'll ask nicely. Proceed, Mr. Garrett. Did you ever discuss... anything about your patient, Mr. Marsh, with her? His picture was on the social page... and l mentioned that l'd treated him. What was her reaction? She was fascinated. Did she ask you anything in particular about him? She wanted to know... whether cocaine would kill him if he tried it again. And what did you say? l told her it would be a Russian roulette. Your witness. Dr. Paley, why didn't you mention... your relationship with Rebecca earlier? Nobody asked me. Did you have sexual relations with her? Objection--irrelevant. Your Honor, if you'll allow some latitude... l can establish the relevance. You'd better. Objection overruled. The witness is directed to answer the question. No. No, you did not have sexual relations? No, we didn't. Because she refused to have sex with you. Objection--Your Honor... the counsel is trying to manufacture-- Get up here, both of you! Mr. Dulaney, if you're just bottom-feeding... you're going to choke on the mud. l'm working toward a specific point, Your Honor. Work fast. l'm getting tired of seeing you this close to me. Objection overruled. Dr. Paley, do you remember your last date... with Rebecca at the Cat and Fiddle restaurant? lt wasn't that memorable. Well, do you remember... trying to force yourself on her in the parking lot? Objection! l can bring in the parking attendant... and two customers to refresh your memory if l have to. l didn't hear the reason for your objection, Mr. Garrett. Wasn't that the last time you saw Rebecca... until appearing in court, Dr. Paley? l don't remember the last time l saw her. ln fact, didn't you attempt... to blackmail her into seeing you again... by threatening to falsely testify against her? No. You're crazy. Your Honor, l have a tape... from Rebecca's answering machine l'd like to play. Objection--we don't know where this tape is from... or who made it, or under what circumstance. May l approach? l have reports from two independent audio labs... that Mr. Garrett himself has used to verify evidence... in other trials. They both conclude that the voice on the tape... was recorded over the phone, with no tampering. l'll allow it. l know you're there. Pick up the phone, god damn it. You think l won't do it? l can put you away, Rebecca, for the rest of your life. You'd better call me... or you're fucked one way or the other. What did you mean, Dr. Paley? You never told her about Andrew Marsh, did you? Yes, l did. She asked me, and l told her. Perjury is a criminal charge, Doctor! l am not lying. No further questions. You were brilliant. l didn't break him all the way. You burned him down. -Gabe, hit P3. -You got it. See you tomorrow. -OK. -Bye. Could somebody hit P4, please? Thank you. Let's go. Somebody's going to see us. Come on. The people call Jeffrey Roston. Do you know him? May l approach? Your Honor, this witness has never been mentioned... by the prosecution. Our investigators didn't contact Mr. Roston... until yesterday afternoon in New York. What took so long? He just came home from an extended vacation. All right. l'm going to allow the testimony. That's it, Counselor. Take a seat. Mr. Roston, what was your relationship... with Miss Carlson? We were lovers. How long were you together? For about a year. How would you describe your sex life with her? lt was...very intense. l know this is very personal... but l'm going to ask you to be more specific. She was always trying... to get me more and more worked up. By what means? l couldn't do everything she wanted in my condition. What condition is that? l had a bad heart. What happened next? l had bypass surgery. How are you now? l'm fine. My doctor says l can live to be a very old man. How did your relationship with the defendant... progress after the surgery? lt just ground to a sudden halt. She left me. Why did she say she was leaving? She didn't. She just left. Why do you think she left you? Objection--question calls for a conclusion... on the part of the witness. Objection sustained. When you say your sexual relations... with Miss Carlson were intense... in what way? lt was as if she were trying to push me... as far as she could. Can you give the court an example? Sex was a game to her. She got off on the control. She always used to tell me it had to be her way. A few nights before my bypass, l woke up... and she'd tied me to the bed. With handcuffs? No... with my own belt. And what did she say? Mr. Roston, l know this is difficult for you... but it is important. Please tell the court. She said she was going to fuck me... like l'd never been fucked before. Bailiff, clear the courtroom. Everyone except the reporters. After she tied you up, Mr. Roston... what did she do next? She started... masturbating... and telling me how much she wanted me inside her. lt drove me crazy. Did your heart start to bother you? Yeah. We were making love... and she was on top of me. And every time l got close... she'd stop. And l couldn't take it. l couldn't breathe. l was suffocating. l begged her. l really thought that l was about to die. Did you change your will... while you were involved with Miss Carlson? Yes. And who was the primary beneficiary? She was. l was very much in love with her. And l was a fool. Thank you, Mr. Roston. No further questions. Counsel. No questions. l can explain everything. You're a little late. l needed to know before he testified! Why the fuck didn't you warn me? You need to hear about every man l ever had sex with? Just the ones with bad hearts who put you in their wills! You think l killed Andrew? So does everyone in that courtroom ! You made me look like shit in there! You are not on trial! The hell l'm not! l must've been out of my mind to get involved with you. To make love to me? Yes. But l'm not going to compound my mistakes. You're my client. That's it. l don't want anything to do with you beyond that. Just like that? Like l don't have any feelings? Hey, l'm not your type. l'm too young and healthy. That's not fair, Frank. No...but it's accurate. Fuck you, too. Hi. Where's Michael? l took him over to Kevin's to spend the night. Why didn't you tell me? l could've stayed at the office. l got a shitload of work. You mean you could've screwed your client. That's paranoid. Oh, man. Fine. Go away! Talk to me. People see your car down by the river... in front of her goddamn houseboat. lt gets back to me, Frank! She's my client. l'm allowed to have conferences with my client. Why can't you have them in your office? l can't believe you listen to this bullshit gossip. l talked to her! What? She called here tonight looking for you. What did she say? She didn't have to say anything. l could hear it in her voice. ln the way that she said your name. You're making this up. What did she do to you, Frank? How did you get those marks on your chest? What are they? What are they, bites? What happened to your back? l thought we were happy. l thought we were a family. l trusted you. lt has nothing to do with you. You son of a bitch. How dare you stand there and say that to me? l love you. You're my wife. Go pack some things. l don't want to see you when l get home. Please, Sharon. l don't want to lose you. Then you shouldn't have fucked her. What the hell did you say to my wife? Nothing. l asked if you were there and you weren't. Why did you call? l wanted to know if l still had a lawyer. You're such a liar! What do you think, Frank... l called to tell her all the nasty details? Maybe l gave her some advice. Maybe l called to reassure her that it was over between us. Maybe that's what l said. Gets easier, doesn't it, Frank? Let's play another game. You fuck. Frank! Frank, get up! Conference room ! Come on, hurry! Now, this guy was really into filming this shit. He could open up his own video store. How does this help us? Wait. Just watch this. l would've missed this, too, but the phone rang. l let the tape play while l talked. Garrett thought the show was over. This isn't a blank tape. lt's been erased, just not quite all of it. This was during his artsy phase... before he went back to using the tripod. ''We had a professional relationship.'' You're embarrassing me. The court recalls Joanne Braslow. Miss Braslow, how much did you stand to inherit... before Mr. Marsh modified his will in Rebecca's favor? $250,000. And according to his final will? $10,000, which is still a large amount... and l'm very grateful to him for remembering me at all. After all your years of service... it doesn't seem like a lot. l'm not greedy. No. ln fact, you're a saint. He cut you out of his will... he dumped you for a younger woman... and you still say kind things about the man. Objection--counsel's arguing with the witness. Move to strike, Your Honor. l'll sustain it. Strike counsel's remarks. Joanne, you have to start telling the truth now. Weren't you a very personal friend of Andrew Marsh? What do you mean? -Weren't you lovers? -No. Do l have to enter into evidence a videotape... that Andrew made of you... that indicates how very close you were? We dated. Until he met Rebecca? Yes. Did you love him? Of course l did. Didn't you think it was cruel of him... to confide in you about Rebecca... after he'd broken up with you? Objection--the testimony has no relevance... to the issues in this trial. l'll withdraw the question. Were you hurt? What do you think? l was crushed. But l knew it wouldn't last. You expected him to come back to you after it was over? Men don't marry women like her. Didn't he tell you he asked Rebecca to marry him? She turned him down. She'd already gotten everything she wanted. But you didn't? Objection--counsel's putting the witness on trial. l loved him. l never would have hurt him. Even if he asked? Your Honor? That's enough, Mr. Dulaney. Objection sustained. Strike Mr. Dulaney's question. Was that your entire bag of tricks, Counselor... or do you have another line of questioning? You testified that you ran errands for Andrew Marsh. Such as going to the drugstore? Buying nasal spray for him because he had a cold? You signed a house charge for nasal spray on April 8th... the date of Andrew Marsh's death. l'd like to introduce... the receipt from Montclair Pharmacy... as exhibit ''H.'' That was the bottle used to kill him. There was no other nasal spray found in the house. ls it true that you put in the cocaine... because you were jealous? Because he cut you out of his will? Because you have a cocaine habit to feed? You're out of line, Counselor. Strike his remarks. l don't think l want to answer any more questions... without an attorney. She killed him. She set me up to take the fall... and she almost got away with it. You know what bothers me? Why did she charge a three buck bottle of nasal spray... that could be traced back to her... if she'd planned to kill him with it? l don't know. Let Garrett figure that out. Maybe it was a crime of opportunity. Maybe she's just stupid. You mean maybe l did it. Maybe you did. lf the evidence hasn't convinced you... how the hell is it supposed to convince the jury? They can't wait to convict me. All you need is a reasonable doubt. But l know how their minds work. The women hate me. They think l'm a whore. And the men see a cold, heartless bitch... they can pay back for every chick... that's ever blown them off in a bar. You have an inflated opinion of yourself. l have to testify. -No. -Frank! They're going to convict me... if l don't tell my side of the story. The only reason l'd ever let a client take the stand... is if the case was going so badly... there wasn't any other choice. The difference is your clients are usually guilty. You told me that. No. l said they usually did it... which is different than being guilty as charged. l'm not going to let you fuck up my case. You owe me the chance to explain, Frank. Wish me luck? The defense calls Rebecca Carlson to the stand. You swear to tell the truth, the whole truth... and nothing but the truth, so help you God? l do. l'd like you to recount, as you remember... the events on the night of April 8th. We came home from dinner early. And Andrew still had a cold... so l thought l'd put him to bed and go home. But you didn't go home, did you? No. He wanted to make love. And that made me want to. He was a very physical man. Would you say you loved him? Very much. Why didn't you marry him? Because his marriages never lasted. l want it to last. Rebecca, you heard the forensic testimony... about the use of handcuffs. What were they doing in the house? Andrew bought them for Valentine's Day. For you-- For you to use on him while you made love? Yes. He liked that. He was always in charge in his life and his work. ln bed, he liked to have somebody else in charge. lt was a game we played. Watch yourselves, or l'll clear this courtroom again. Rebecca, did Andrew indicate to you... that he was having any problems at all... like shortness of breath... while you were making love that night? No. He was fine. And after you finished making love... what did you do? l kissed him good night, and l went home. When did you find out he was dead? Not until the next day. And when did you find out... you were a beneficiary of Andrew's will? When you told me. Your witness. l'm less interested in your relationship... with Andrew Marsh, the nature of which... you've made abundantly clear... than l am in your relationships... with Jeffrey Roston and Dr. Alan Paley. How long after you stopped dating Dr. Paley... did you start dating his patient Mr. Marsh? lt must have been about four months. Four months in which you tried to meet your victim... at galleries and museum openings? Objection! Counsel's baiting the witness. Not at all. l'm establishing premeditation. By baiting the witness. Overruled. Answer the question. l never heard his name before l met him. You never saw his picture in the paper? l don't read the paper. ls it your sworn testimony, that by coincidence alone... you happened to date both Andrew Marsh... who died from a combination of sex and drugs... and the doctor who treated him for drug poisoning? Portland's a small city. l even dated a man who dated a woman you dated. Do you think you're capable... of just answering the questions put to you? l'm just trying to explain myself. The night of Mr. Marsh's death... were you watching a pornographic videotape... you'd made of yourselves? Objection as to the characterization! An explicit videotape? Andrew used to say... ''Why watch strangers when you can watch friends?'' lf you had finished having sex... and Mr. Marsh was asleep as you stated... why was the VCR still on when the police arrived? Because l forgot to turn it off before l left. Because Andrew Marsh was already dead... and you were in a hurry to make your exit? Objection! Argumentative isn't the word... for counsel's approach to cross. Sustained. Watch yourself, Mr. Garrett. Miss Carlson... you stated that you handcuffed Andrew Marsh... before having sex with him the night of his death. lt wasn't before. lt was during. l stand corrected. Thank you. Did you engage in any other forms... of dominance with the victim? Did you, for example, beat him? Objection! The specifics of the sexual relationship... between the victim and the defendant... have no bearing on the charges against her. The state has an obvious interest... in a pattern of abuse... that ended with the death of the victim. Answer the question, Miss Carlson. Succinctly, please. l never hurt him. Did you humiliate him? l never humiliated him, either. He picked the games. You have a weakness... for rich older men with bad hearts... don't you, Miss Carlson? l like confident men who aren't afraid to experiment. They tend to be older. And l own a gallery. People l meet tend to have money. l don't ask for profit-and-loss statements. Are we supposed to believe... Jeffrey Roston and Andrew Marsh are coincidences? They had nothing to do with each other. They both had bad hearts, didn't they? And they both wrote you into their wills. But l already testified... l didn't know anything about Andrew's heart. But you knew about Roston's. Yes. And when you couldn't induce a heart attack... before he had surgery to repair it... you bailed out. He wasn't any good to you. lsn't that right? l left him when l found him in bed with someone else. That was grounds for leaving... as sexually liberated as you are? l couldn't compete. You couldn't compete! What was she possibly doing? Using a razor blade? He was in bed with another man. l never knew that about him. l felt betrayed. l couldn't handle it, so l left. lt was easier for him to think l left because of the money... but l left because l couldn't stay. Mr. Roston isn't here to defend himself. You can say anything you want. Yes, he is. Ask him yourself. No further questions. Redirect, Mr. Dulaney? Your Honor, the defense rests. Ladies and gentlemen of the jury... in the case of the People vs. Rebecca Carlson... have you reached a verdict? We have, Your Honor. How do you find? The jury finds the defendant... not guilty. The defendant is released. This court is adjourned. -Thanks, Gabe. -Nice going. Thanks. You almost convinced me. Trial's over, Frank. Walk away. Stop whining. You knew you were going to blow your career. l'm doing you a favor. We will live happily ever after, but not together. lf you stick around me... you'll get indicted for perjury and murder. l'm home free. They can't try me twice... but you are a different story. Shit! He heard us. He's my lawyer. lt's privileged. l'd have given you the same goddamn defense. But you wouldn't have been as believable. lf l didn't fuck you? lt works. You slept with him? l don't think we ever slept, did we, Frank? Don't look so hurt, Alan. l fucked you. l fucked Andrew. l fucked Frank. That's what l do. l fuck. And it made me $8 million. So you're fucking Dr. Paley here... and he mentions a rich patient-- a rich, delicate patient-- and you figure you can fuck yourself into the will. You know how to do that. l'm hard to resist. The coke came from Dr. Paley, didn't it? Made it untraceable. Why are you telling him? He's telling us. Fuck if you didn't play me perfectly. Paley goes on the stand, makes you look guilty as hell. Then you set me up to destroy him... so l can make you look innocent. Sort of a reverse character witness. You're a real genius. Sorry l can't say the same thing about you. l always thought the message on the answering machine... was a little over the top, but you even bought that. What are you doing here anyway... ambulance chasing? Looking for a new client? Talk to Alan here. He thinks he's in trouble. You don't give a shit about me. You're right. l've forgotten you already. l threw my life away for you! Paley, what are you-- l'll kill you! Stop it! Paley! Bitch! Oh, God. You're going to be all right. Get me out of here, Frank. Do you believe in karma, Frank? No. Whatever you call it... people usually get what they deserve... except for lawyers. You should have won the case. l did. |
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