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.
"Just light it up here. No one will even notice."
How was I supposed to know there was a cop up the street?
Because you were supposed to be watching.
Look on the bright side. At least you won't have a record.
Yeah, not to mention the great workout I'm getting.
You know what your problem is?
You don't know how to look on the bright side.
You know what Lincoln said.
Leslie, call the supervisor.
"Most people are about as happy as they make their minds up to be."
Leslie, would you quit the damn psychobabble and get the supervisor?
What, why?
Oh, my God.
Wallet's gone. No ID.
You thinking it was a mugging?
Can't think of a more amenable spot.
One of my guys found a piece of paper with some scribble on it
in the DOA's jacket pocket.
I wanna get a look at that before it goes to the lab, all right?
You got it.
Neck was snapped like a stalk of celery.
I hate celery. It's good for you, man.
There you go.
Body temp tells me he's a relatively new arrival.
Dead maybe 12, 14 hours.
Twelve to 14 hours? You sure about that?
Give or take. No external wounds or obvious bruising.
Hey, maybe we're looking at a real act of God?
I doubt God needed his watch, cash and keys.
Have fun, this guy's handwriting's worse than mine.
That shouldn't be a problem. Lennie takes my messages sometimes.
I'm fluent in scribble. Looks like a to-do list.
"Pick up dry cleaning,
"photos, flowers for Suzy..."
Looks like Suzy will be the one sending flowers. Ripped By mstoll
No defensive wounds, no bruising around the neck,
which was snapped like a...
I know, like a stalk of celery.
I was going to say like a twig. But celery's good.
So he went without a struggle?
Yeah, I'm thinking it went down too quick to fight back.
Oh, and I'm betting that the bad guy was a lefty.
Oh, this is going to be good.
Now, I'm a righty. If I wanted to snap your neck, I'd go like this.
And just the opposite for a lefty.
The crack in his spinal column was at a downward angle like this.
Now if you can only tell us what he was doing in the park.
What makes you think I can't?
He was found face down, right? Yeah.
Blood pooled in the posterior cavities,
so unless this guy was able to defy gravity...
He was killed somewhere else and then dumped.
Damn litterbugs.
Any identifying marks?
You mean something like this?
(BUZZING)
So I'm a few days late renewing my license,
I still run a kosher shop.
Mr. Pina, that ain't why we're here.
If it's that parole thing...
Ralph, maybe you oughta keep your mouth shut
before you talk yourself into a felony.
Come on, we need your expertise.
Yeah? Always wanted to be an expert witness.
Oh, don't jump the gun, huh?
What about this guy?
Is he one of your clients?
Never seen him.
What about this tattoo?
Nice work.
Only one guy who does flames like that.
Name's Hades.
He got a real name?
I thought that was it.
Where can we find the artist known as Hades?
Try artist formerly known as Hades. He's dead.
Died in a motorcycle accident two months ago.
Okay, how about this?
This have any special meaning?
I don't do Japanese.
Nam. Two tours.
I know it's not the same, but I still get spooked.
And what's in it for me?
That cup of coffee's as good as it's gonna get.
Your partner, he only calls when he wants something cheap.
Yeah, but I have your number on speed dial, Detective.
"Ike." It means "Live."
Okay, that solves it.
Not so fast, sport.
Ike is also short for lkedo.
It's a last name. Ike's a nickname.
You know, like "Sully" for Sullivan or "Fitzy" for Fitzgerald.
Plus it has a double meaning.
Yeah, can I have the number for a Suzy lkedo?
In Manhattan.
S. L-K-E-D-O.
Smart guy, my partner, huh?
That's it.
Norman Pratt.
He proposed to me a month ago.
He was saving up to buy me a real ring.
He said he couldn't wait until he had the money to ask me.
He made me promise I'd wear this.
We're sorry, Miss lkedo.
Do you know of anyone that would want to hurt your fiancé?
I can't think of anyone.
Any friends of his he might have had a falling out with?
Norman was a recovering addict.
So, some of his acquaintances...
BRISCOE: Weren't exactly model citizens, huh?
But I don't think any of them would want to hurt him.
Is there a chance that Norman started using again?
He's been clean almost a year. He's got a really good program, a good job.
He put his life back together.
ED: What kind of work was he doing?
He's a limo driver. He was driving last night, too.
SUZY: At least that's what he told me.
So what if Norman was out of rehab?
I got an ex-con working as a mechanic.
If I don't give these kids jobs, who will?
Hey, no job, we all know what happens.
Hey, I'm just doing my part.
So can we assume that Norman Pratt was a good worker?
No complaints.
Aw, jeez.
I really liked this kid.
But you weren't concerned when he didn't show up for work this morning?
Why would I even notice?
He has one of your cars, right?
Yeah. It was an overnight to Atlantic City.
And?
Sorry, we guarantee confidentiality.
Mr. Bosford, Norman Pratt was murdered last night.
Do I really have to tell you?
All right, all right, of course. I'm sorry.
I don't know what I was thinking.
Good kid like that.
I'll get you the routing sheet.
Kevin Seleeby.
As in Kevin Seleeby the baseball player?
He uses us all the time. Norm always drove him.
I always gave him the plum assignments.
That's the one I hit my first dinger with.
Wow! I figured you have kept using it till it cracked.
I would have, but I struck out the next 10 times at bat.
There's something about me and a major league slider.
Well, you finally figured it out.
Yeah, you dance or you go home, right?
So, what can I do you gentlemen for?
We had some questions about Norman Pratt.
Good guy.
Past tense, Kevin.
He was murdered.
Wow.
I mean, he was just with us last night.
Us?
My agent, Martin Stanley, and my cousin, Davie.
We went down to Atlantic City.
What time did you get back?
Norman dropped me off around midnight.
I think. I couldn't be too sure.
I thought you booked an overnight.
We lost a little quicker than we expected.
I hear that.
Damn, poor Norman.
He had a girlfriend, a fiancée, somewhere.
Yeah, we spoke to her already.
So, you and Norman were pretty friendly?
He was cool.
Didn't hassle me for balls, autographs, stuff like that.
We got to know each other after a while, sure.
He say anything about any enemies?
No. Norman was the kind of guy who always wanted to help out.
He said if there's anything I want, just ask.
What did he mean by that?
Hey, I'm just a hick from North Dakota.
I didn't want to embarrass myself.
Hey, wasn't Maris from North Dakota?
I've got a signed picture on my wall.
VAN BUREN: What is it with the male of the species?
BRISCOE: You got a couple of months?
Well I'm referring to how you can just about melt in front of a guy
who can hit a ball with a bat.
All I said was, if the kid stays healthy he's a lock for Cooperstown.
Yeah, only it's how you said it. How did I say it?
Like a six year old talking about a banana split.
Oh, please, like you're any better?
"Maybe he'll sign his rookie card for me."
No, see, that was a business proposition.
That rookie card could put my grandchildren through medical school.
Moving right along.
Seleeby and friends were the last guys to see Pratt alive, right?
Oh, ain't no way.
M.E. Said the doer was a lefty.
What side of the plate does Seleeby bat from?
Thirty percent of the league bats lefty.
And that don't include switch hitters.
Okay, if not Seleeby, then who?
He did say Norman Pratt bragged he could get his hands on anything.
Like what?
Maybe his fiancée will know.
I told you, Norman was off the stuff.
We're not saying he was using,
but what if some of his passengers wanted some?
He wasn't a pusher if that's what you're hinting at.
No, not a pusher. An accommodator.
Look, that ring he was going to buy you,
a couple of extra bucks wouldn't hurt the cause.
He's dead. How can you slander him like this?
Because it might help us find out why he's dead, Suzy.
There was a guy he used to buy meth from.
Ellery. Roger Ellery. Norman called him Doc.
But they haven't seen each other since Norman got out of rehab.
I'm a doctor, that's why he called me Doc.
And this is your office? That's right.
Sort of a Marcus Welby thing, huh?
Make a lot of house calls?
I'm a PhD in chemistry.
Yeah, and I can guess what kind of chemicals you cook up.
You can go now.
Lennie, what do you think the good doctor's got brewing back here?
Beats me.
On my way to the can, I'll take a look.
ELLERY: You guys are funny.
I hear there's an opening at Caroline's.
Yeah, we'd check it out, but we're getting our laughs working a homicide.
We don't care what you're selling, Doc.
Sure, I knew Norman Pratt.
Yeah, I sold him crystal meth, crack sometimes.
But I'm not into that anymore.
What are you into?
Oxymetholone. It's an anabolic steroid.
You mean, like the kind that athletes ain't supposed to be using?
Athletes like Kevin Seleeby?
Norman might have mentioned his name.
Now they'll have to put an asterisk next to his name in the record books.
Just like his idol.
Makes it harder to believe the Babe hit 60 on hot dogs and beer
during a 154-game season.
In my book he deserves an asterisk, too.
Babe Ruth?
He never faced Satchel, did he?
Yeah, Green.
We're five minutes away.
Ah! They found Pratt's limo.
All right, we'll talk to you.
OFFICER: Vehicle was sticking out into the lane like three feet.
Like this was his own personal driveway.
ED: What time did you find it?
Wrote the ticket at 11:10.
Just got your APB.
I called CSU to pop the locks, dust for prints, whatnot.
Nice work, Officer.
Okay, tell me you found a signed confession.
Other than about a million prints, this baby's clean.
Hey, Lennie. It says here that when Norman took the car out,
odometer read 11,622 miles.
So?
Well, now it reads 11,629.
So either they moved Atlantic City a whole lot closer...
Or Saleeby and his posse never left Manhattan.
That asterisk is getting bigger as we speak.
Okay, it's not like it's a secret.
BRISCOE: Well it's not exactly public knowledge either.
The guys know.
Hell, most of them are on it, too.
Yeah, but most of them don't have a driver that ended up dead in the park.
Look, I told you what I knew.
BRISCOE: The trouble is, we like fact, not fiction.
Screw you.
Oh, that kind of attitude is not gonna get you on a Wheaties box, Kev.
We know you didn't go to Atlantic City, Kevin.
And that means I killed Norman?
No, but it means that you lied to us.
Yeah, and that kind of puts a dent in your credibility.
Look, I've got an image to protect, all right?
Martin, my agent, he was going to get us some girls, you know, pros?
Why the hell would you need a pro?
Because they don't want anything from me.
It's not like they're gonna accidentally get pregnant
or tell some judge that I promised
to take care of them the rest of their lives.
We were at a small hotel.
The Scott House.
Over in the sixties, East Side.
If you wanted to party, wouldn't it have been easier here?
Call girls have been known to become stalkers.
I prefer not to give out my address.
We're going to need the names of those girls.
I can't.
I mean, Martin never called them.
A photographer followed us into the hotel.
So we just stayed there, got drunk and watched the Knicks game.
And then we went home.
Look, talk to Martin.
I swear I don't know what happened to Norman.
You don't know the headaches these kids have to live with.
I guess 10, 20 million a year helps ease the pain.
Ninety percent of them would do it for free.
But like anything in this world,
there's a price.
Women throwing themselves at you non-stop,
not because of who you are
but because of what you do.
And what you've got in the bank.
Exactly.
Kev's from a place called Rugby.
There are more people in this building than in all of Rugby.
But he's got a head on his shoulders.
He saw what happened to guys like Shawn Kemp,
kids in every NBA port.
BRISCOE: So you keep his nose clean?
That's right. I mean, he's human. He has needs.
All right, how about you give us a rundown of Tuesday night's festivities?
Sure.
Kev picked me up about, I don't know, 7:30, no 7:45.
BRISCOE: And Norman was driving the limo?
Davie was also in the car.
That's Kevin's cousin?
David Arkuss, that's right.
Pretty good pitcher until his rotator cuff went on the permanent fritz.
He's finishing college over at Manhattan.
Good for him.
Right. Why would you care? You just want to know when we got to The Scott House.
There was a little traffic, so I'd say we got there about 8:20.
Did you go right up to the room?
Unfortunately, we saw someone Davie thought he recognized from the Daily News.
So we went to the bar.
He followed us in. About 9:10, I went upstairs.
Ten minutes later, Kev came up.
About 10 minutes after that Davie joined us.
We ordered a bottle of Jack and watched the game.
About 11:45 we decided to call it a night.
I was dropped off first, about 12:10.
That was our night.
So Kev told me about Norman. That's a real kick in the ass.
We wanted to ask you some questions about Tuesday night.
Sure. We arrived at the hotel about 8:20.
Then I saw some dude who hung around batting practice all the time.
A reporter? Photographer, more likely.
Kev couldn't take a chance so, then we went into the bar.
Oh sure, no image problem there, huh?
About 9:10 Martin went up to the room.
Ten minutes later Kevin pretended to take a leak and he snuck up.
Ten minutes after that I went up.
Then we ordered a bottle and we watched the game.
Sounds like fun. What were you drinking?
DAVIE: Jack Daniels.
We left the hotel at 11:45.
Kev dropped Martin off at home first.
Then he dropped me off about 12:30.
Then I went to bed.
That's some memory you've got there, Davie.
You know, back in Rugby,
Kev once found a buck with a broken leg when he was out hiking.
He carried it on his back to the vet for over two miles.
He wouldn't hurt anyone.
So I got psych in five.
BRISCOE: Thanks.
Well, they certainly have their stories straight.
A little too straight, don't you think?
Come on, last night I brushed my teeth at 11:47.
Let's go see what's going on with Seleeby's LUDs.
A buck? You're kidding.
I don't think he meant the spending kind.
Whatever happened to the good old cherry tree story?
That's better than "I told you so."
Okay, when was it you first showed up at Seleeby's apartment?
Yesterday. About 5:30.
Spent about 20 minutes, did you?
That's about right.
Well, at 5:57 Seleeby called his agent, talked for about 10 minutes,
hung up and dialed the cell phone of someone named Arkuss.
That's Seleeby's cousin, the memory expert.
And the night of the murder, your hero called the agent's cell at 8:36.
When he was supposed to be at the hotel bar.
We happen to be very discreet here.
Serve drinks to a lot of big shots, do you?
You see, I'm not going to answer that.
We're only interested in one big shot,
so if you don't want to talk about it here,
we can always drag you down to the squad room.
After making quite a scene out in the lobby,
so the boss doesn't miss a word.
Discretely, of course.
Well, of course, the big cheese might not understand
and you might wind up discretely pounding the pavement.
What?
Kevin Seleeby, the baseball player.
Yeah, I know who he is. What about him?
ED: What time did he get here Tuesday night?
I don't know, uh, maybe 8:30.
That's funny because he told us he didn't get here until almost 10:00.
Oh, now you expect me to change my story. Very clever.
Well, for cops.
I'm sticking with 8:30, thank you.
This guy got to everybody.
Or he was telling the truth and somebody else used the phone in his house.
(CELL PHONE RINGS) Oh!
ED: Yeah.
Excuse me, do you know Kevin Seleeby?
Who doesn't?
Tuesday night, when he showed up here with his buddies,
did you happen to get a good look at his driver?
Why would I look at a cabbie?
Okay, thanks, Loo, later.
That whole tell the truth thing? Forget about it.
Loo ran all the LUDs on the cell phones.
9:17, the night of the murder,
the agent made a phone call to 911 on his cell,
hung up before he said anything.
I wonder if that had anything to do with Kevin showing up here
in a cab without Norman.
Tails, I talk to the agent.
I made a mistake. I meant to dial 411.
ED: From the bar at the hotel?
That's right. Check the phone records.
I did.
So you saw I called information right after the slip-up.
I did. I also saw you didn't make another phone call
from your cell until the next day.
We were going to order some food. I called for the number at Bucci's.
What? Then you got full from the peanuts at the bar?
Well, I was the only one that was hungry, so I figured what the hell.
No. We never planned on going to Atlantic City.
Martin was just going to get the girls.
And bring them to the hotel? That's right.
Like I told you before, that reporter guy ruined our plans.
See, the thing is, Davie.
Last I heard they have girls in Atlantic City.
Yeah, they also have scum-sucking reporters.
When you're good, you're good.
I checked. You even called and made room reservations at the Taj.
Just to throw everybody off track, right?
I don't know about that.
Martin takes care of all that stuff.
If there's one thing that pisses me off to no end
is when the suspect confesses
and then some defense attorney comes at me
with all this Fifth Amendment crap.
I didn't hear me confess.
Yet.
I don't know what you're talking about.
BRISCOE: Oh, right. You were at the hotel bar.
Until we snuck up to the room.
You and Martin Stanley and your cousin, right?
That's right.
The thing is, if Kev was with you at the bar,
how could he call Martin's cell phone from his house?
Wrong answer, Davie.
You should have said it was the maid who called.
ED: Bucci's, huh?
Yeah, it's a three-star restaurant.
They must have one hell of a veal piccata.
As a matter of fact, they do.
I wouldn't figure a place like that would deliver.
I'm a good customer.
You must be to get them to deliver from Twenty-third and First
all the way up to Sixty-third and Third.
Like I said. It was moot anyway.
I was the only one that was hungry.
That's one explanation.
Another one is,
that you saw Norman with his neck snapped,
you freaked out. You dialed 911, Kevin made you hang up.
Now which story sounds more plausible to you?
I didn't kill anybody.
Well, that's up to the jury now, Davie.
Lucky for Kev he's a ballplayer, huh?
Juries love ballplayers.
I mean, you saw what happened with O.J.
So now it's just you, Davie.
A hick with a bad right arm.
You got the DP in North Dakota?
DP. That doesn't mean "Designated Player,"
it means Death Penalty.
Because we have it here.
Damn it, I just wanted to play some blackjack.
Kevin screwed it all up.
He killed Norman Pratt?
Me and Martin just helped him dump the body.
So, I guess blood isn't thicker than water.
Well, neither is 10% percent. Stanley said the same thing.
They got to Seleeby's and found Norman dead.
And you still want his rookie card? Arrest him.
Did you find out who killed Norman?
As a matter of fact, we did.
What the hell's going on?
Two outs, bottom of the ninth and you just struck out, pal.
Kevin Seleeby, you're under arrest for the murder of Norman Pratt.
You have the right to remain silent...
BAILIFF: "Docket number 39867.
"People v. Kevin Seleeby, Martin Stanley and David Arkuss.
"Charges are Murder in the First Degree
"and Conspiracy to Commit Murder in the First Degree."
Let's talk please.
Not guilty.
Ms. Southerlyn? The People request remand, Your Honor.
And I'm sure you have something to say on that matter, Mr. Fenwick.
Absolutely, Your Honor. Due to my client's celebrity, he's hardly a flight risk.
In addition... Which one's the hotshot?
Kevin Seleeby happens to be...
Indicted for murder, famous face or not.
Bail is set at a half million for all three.
Mr. Seleeby,
you should have dove for that ball against the Sox in '99.
So is this kid guilty?
His friends say he is.
Will they say it in court?
If we drop the charges to accessories after the fact, no time.
Done. That'll put this Seleeby thing to rest, no hustle or bustle.
You want me to deal with Seleeby?
The whole deck.
Oh, I see, if you can hit a ball you get special treatment?
That's right, Serena. By the jury.
I'll give you Marcia Clark's phone number if you want a second opinion.
JACK: How low?
How long are we on motive?
We think the victim was asking Seleeby for money
to keep his steroid use out of the papers.
Blackmail's good. Two witnesses...
Fenwick will grab Man One and run.
Now, this is all very generous of you, Jack,
but you've gotta know I can't accept it.
Actually, Alan, I thought you'd see Man One as manna from heaven.
FENWICK: Not considering my client's status.
When will people get off of O. J?
That verdict was jury nullification pure and simple.
The Juice never crossed my mind, Ms. Southerlyn.
I was thinking more about Ray Lewis,
All Pro linebacker for the Ravens who was knee-deep in a homicide.
Not only was he acquitted, he was voted MVP.
We have two witnesses.
FENWICK: They had about 50.
Do you realize that after Allen lverson was caught
running around Philly with a gun,
the sales of his jerseys and shoes increased ten-fold?
On the other hand Rae Carruth is in maximum security
for the rest of his life.
JACK: Athletes are not immune.
FENWICK: I agree. But you see, Kevin
has one thing that Carruth didn't have.
You?
That, too.
Kevin here is suffering from steroid induced psychosis.
That's like saying a drunk driver is not responsible for vehicular homicide
because he was drunk.
That's one argument. I'll send you my expert's report.
Have your guy spend some time with Kevin, then we'll talk.
SKODA: It must be something,
thousands of people screaming for you.
Or against you.
Yeah. How does that feel?
You don't hear it. You focus.
On a ball coming at you at close to 100 miles an hour?
That's all you see.
It's like you're in a tunnel. You, the pitcher and the ball.
Nothing else is there. Nothing else exists.
Too bad it can't be like that outside the ballpark.
I get by.
Actually, you don't, Kevin. That's why you're here.
The guy got in my face.
You're talking about Norman Pratt?
Kevin, are you always this tense?
No! Maybe, I don't know.
Why Norman?
Do you know what it's like to get to the Show, man?
Do you know how hard it is to stay there?
Would the world end if you couldn't? Yes.
You don't know. My old man, if I didn't...
He used to have to shovel horse manure on someone else's ranch,
12 hours a day for 40 years.
Now you tell me what man deserves...
That's his problem, Kevin. Not yours.
I got to the Show, man,
and he got to put down his shovel and hold his head up high.
And Norman Pratt was going to take that all away.
To be accurate, they're called anabolic- androgenic steroids.
They're synthetic derivatives of testosterone.
Which hardly makes you psychotic.
No comment.
Naturally occurring testosterone triggers male maturation
and helps retain proteins, which aid in muscle growth.
So far, I don't hear anything about insanity.
Okay, most normal men produce less than 10 milligrams a day.
Kevin Seleeby was taking over 10 times that.
And that affects his behavior?
Professional athletes are aggressive to begin with,
toss a little fuel on that fire...
He was being blackmailed. He knew exactly what he was doing.
Knowing what you're doing and not being able to prevent it
are two different things.
There's actually a clinical term for it, "'roid rage."
And he conveniently told you all about how he was suffering from it.
I don't think this kid's faking it, Jack.
Are you saying he was truly unable to control his actions?
SKODA: Look, there was a lot of pressure on him.
There's a lot of pressure on me.
You're not injecting yourself with chemicals twice a day.
Look, I'll testify that he was legally sane.
But was he what the masses would consider normal?
Not a chance.
Did you know that far and away the most common users of steroids are teenagers?
Kids have to get bigger to get on the team,
to get the scholarship, to get drafted.
So, the league just turns a blind eye?
More home runs means more tickets sold.
Yeah, even if the law is broken?
Special rules for special talents.
Well, the upside is that their testicles shrink.
It's Fenwick's expert's report, written by Dr. Sarah Hoffman.
The kid's got money. Might as well go with the best.
Let me guess, 100 pages.
Something's wrong here. This shouldn't...
Somebody from Fenwick's office screwed up and attached an interoffice memo.
Money doesn't always buy you competence.
"I spoke with Douglas Karell and he has no intention of testifying."
Who's he?
I don't know, but there's more.
"I believe this will allow us to pursue
"our original theory of the case."
Is there an address for Mr. Karell?
KARELL: It's about living life,
it's about having fun in the city, you know?
Out loud and proud.
New York Magazine for gay people, hmm?
People love to read about who's seeing whom and who's doing what.
And occasionally we have dish on celebrities.
As a matter of fact, that's exactly why I'm here, Mr. Karell.
Sorry. A.D.A.'s don't rate.
I'm here about Kevin Seleeby.
Am I supposed to know him?
The baseball player?
Oh, I'm sorry. Baseball bores me. Hoops on the other hand...
Kevin's on trial for murder.
That's too bad.
Your name came up in the course of our investigation.
My name?
Yeah, it seems that Seleeby's counsel
would like to keep you out of the courtroom.
You know what, it must be another Karell. There's a Marty over on...
Why don't you stop playing games with me?
Because I can get detectives here in less than 15 minutes.
You wanna know what I think?
I think you and Norman Pratt were blackmailing Kevin Seleeby.
I think... No, no, no.
I would never do anything to hurt Kevin or his precious little career.
The publisher of the magazine was his lover, Jack.
Was?
They had different views on freedom of expression.
Anyway, back when they were closer, they were in Norman's limo.
He recognized Mr. Karell.
And started blackmailing Seleeby.
Jack.
I'm glad I found you.
Change your mind on that deal, did you?
Hardly. The expert report I sent you, there might have been a memo attached.
A very interesting one.
You read it?
And we talked to Mr. Karell.
Shame on you.
I should say the same to you, Alan.
Well, I didn't read your confidential work product, Jack. That's a no-no.
You use it, I don't know how many Canons it violates.
Lucky for you, there isn't a judge
in this state who will let you make that mistake.
It's a clear-cut situation, Judge.
If Mr. McCoy would just go back to the notes he took
in Evidence, he'll see that attorney work-product is sacred.
Then why did you send it to me?
If you don't know already, Mr. McCoy,
I'm not big on sarcasm.
As the Supreme Court said in Hickman,
the work-product doctrine is critical
to a lawyer's ability to render professional services.
JACK: Practically, the rule protects one lawyer
from intruding upon opposing counsel's legal strategizing.
The People did not intrude in this case.
Mr. Fenwick delivered his strategy by messenger.
By attorney error.
My client shouldn't suffer because of my associate's negligence.
He's right, Mr. McCoy.
The Second Circuit held that the rule protects against
disclosure of mental impressions, conclusions, opinions, legal theories only.
Not facts.
The People do not plan on using counsel's theories,
only the fact that Mr. Karell exists.
Nice, Jack. My brother-in-law's a barber.
Tomorrow, I'll send you a whole bunch of hairs to split.
My judicial sarcasm rule applies to both sides of the aisle, Mr. Fenwick.
I apologize, Your Honor.
But the memo clearly expresses my associate's opinion
of how to try the case, to wit...
"In my opinion it is crucial to keep Douglas Karell from testifying."
Game, Set, Match.
Any reference to Mr. Karell and l or his particular relationship to the defendant
is inadmissible, Mr. McCoy.
Fenwick should have known better than to put something like that down on paper.
It wasn't Fenwick. It was his associate.
And if that one ever knocks on our door begging for work,
politely escort him to the elevator.
This has to be a first. A lawyer's negligence benefiting his case.
I don't see why.
We had a case before we knew Seleeby was gay. We still have a case now.
Since when do we need a motive?
Me and Martin were at the Scott House over on the East Side.
Kev was supposed to pick us up around 7:00.
JACK: That would be in his limo?
That's right. To take us to Atlantic City.
How did your plans change?
Kev never showed.
Why not?
He called Martin on his cell.
He was freaked.
Martin couldn't calm him down. So he gave the phone to me.
I've known Kevin my whole life,
but I never heard him like that. I mean, it scared me.
JACK: What did you do?
We took a cab down to Kev's place.
I have a key, so we just went in, and Kev...
He was just so jacked up he could hardly talk.
What else did you see, Mr. Arkuss?
I didn't know what to do so...
I went to get Kev a glass of water.
In the kitchen there was the driver.
JACK: You're referring to Norman Pratt.
That's right.
He was slumped over the table.
I could tell he was dead.
Did you call the police?
Martin started to. But I stopped him.
Why?
Kev's my cousin.
I know what we did was wrong, but...
When Kev finally calmed down,
we loaded the body into the limo and dumped it in the park.
And then we left the limo over on the West Side and went to the hotel.
JACK: To establish an alibi?
That's right.
Did your cousin tell you what happened in the kitchen?
Not really.
So he didn't tell you why he killed Mr. Pratt?
No.
No more questions.
Yes, it's possible that when placed in a threatening situation
an abuser of anabolic steroids can become exceptionally violent.
Would that be a psychotic reaction, Doctor?
Psychosis? No.
Psychotic disorders are characterized by an extreme
impairment of a person's ability to understand reality.
Typical symptoms are hallucinations and l or delusions.
Did Mr. Seleeby tell you, for example,
that he heard voices telling him to kill Norman Pratt?
No. He may have had an overly violent reaction
because of the abundance of synthetic chemicals in his body,
but in the end, he merely lost his temper.
So, in your analysis, there was an actual inciting event
as opposed to an imaginary one.
That's correct.
Thank you, Doctor.
Did my client tell you what that inciting event was?
Not specifically, no.
But you did ask him, didn't you?
Of course, but he refused to answer.
Isn't it true that a mark of a psychotic disorder
is an incorrect emotional response to ordinary situations?
Yes. But inappropriate responses are not necessarily psychotic.
Killing for no motive whatsoever, Doctor,
would you consider that psychotic?
In certain cases.
FENWICK: No more questions.
The People call Roger Ellery.
Objection, Your Honor.
JACK: On what grounds?
I get to ask that question, Mr. McCoy.
Chambers, Your Honor?
Ten minute recess.
Was Dr. Ellery on the People's witness list or not, Mr. McCoy?
Front and center, Your Honor.
But that's not the issue. What is then?
His testimony is inadmissible.
JUDGE: Who the hell is he?
Dr. Ellery sold steroids to Norman Pratt,
who sold them to Kevin Seleeby.
You better not be wasting my time here, Mr. Fenwick.
FENWICK: I wouldn't think of it.
Since an element of our defense is that Mr. Seleeby abused steroids,
it would be redundant to offer testimony
that he actually bought them from someone.
Redundant, yes. Inadmissible, no.
Come on, Jack. We both know what you're doing here.
Perhaps one of you would explain it to me?
Gladly. In order to counter our defense of steroid induced psychosis
Mr. McCoy is planning to offer evidence of motive.
And it's a very good plan, Mr. Fenwick.
Yes, it would be if the prosecution had some reasonable basis in fact
for offering it.
Clearly, Mr. McCoy is planning to argue
that Mr. Pratt was blackmailing my client.
He was.
That's right, about his being gay, not about his steroid use.
Ergo, offering evidence to the latter would in effect
be arguing something that Mr. McCoy knows is false.
And we all know that would be tantamount to suborning perjury.
I can present facts and the jury can draw their own conclusions.
Rules may be there to be broken, Mr. McCoy, but not in my courtroom.
Defense's objection to Mr. Ellery's testimony is sustained.
I think we split on the experts.
Yeah, well, with no motive, my money's on the jury's love
for apple pie, Mom and baseball.
We have two witnesses who said he did it.
For no reason at all. Which means he must be legally nuts.
Let's face it, Jack, Seleeby's not going to go to prison.
I did what I thought was necessary to put him there.
Which also includes arguing a false motive.
Implying is not arguing. And it certainly isn't subornation of perjury.
Well, it's not exactly ethical either.
There are rules, Jack. You were knowingly going to break them.
Look, I think that Seleeby should be convicted as much as you.
But I don't think we have the right to pick and choose
which laws we're gonna follow and which ones we're gonna ignore.
Rugby, North Dakota.
I'll bet most of you can't pick that out on a map.
But that's where Kevin Seleeby was born and raised,
and most probably would have lived and died,
if not for his special talent.
Unfortunately, in the universe that was Kevin's destiny,
talent wasn't enough.
Twenty-five players on a team. Thirty Major League teams.
That's 750 men in the entire world.
Kevin had to be bigger, he had to be stronger, he had to be quicker.
He heard whispers around the clubhouse of a magic potion,
a potion that would make him the best ballplayer he could possibly be,
that would keep him from shoveling horse manure like his old man back home.
So he took the potion.
And he became bigger, and he became stronger, and became quicker.
And he also became sick.
I'm not talking about the kind of sick
that would put him on the Disabled List.
I'm talking about a mental disease that would cause him to kill a friend
for no reason whatsoever.
Luckily, in this country we don't put men like that in prison.
Let's be clear that just because we
couldn't state with certainty in this courtroom here today
just what Mr. Seleeby's motive was, it doesn't mean that he didn't have one.
And just because the Defense Counsel has presented you with a touching story,
it doesn't mean that it's the whole story.
Mr. Fenwick omitted the part about his client admitting to killing Norman Pratt.
He left out the part about his client enlisting his friends
to help him cover up the crime.
He omitted the part about his client
trying to evade the consequences of his act.
Just in case anyone has forgotten,
taking steroids is illegal.
It's cheating.
Kevin Seleeby didn't care.
Why would he?
After all,
it isn't really cheating if you don't get caught.
But this time he did get caught.
He cheated at his chosen profession.
He cheated at life.
And now he's trying to cheat the justice system.
But you have to ask yourselves.
Is it really justice if it's obtained fraudulently?
Can cheating become its own defense for murder?
Has the jury reached a verdict?
We have, Your Honor.
JUDGE: On the sole count of the indictment, Murder in the First Degree.
How do you find?
We find the defendant, Kevin Seleeby, guilty.
JUDGE: With the defendant remanded, this case is adjourned
for three weeks while sentencing is decided.
(BANGS GAVEL)
So the rumor is Fenwick's going to appeal.
He's claiming the jury convicted against the weight of the evidence.
Well, if he manages to get a retrial, I'll bet he changes gears
and argues that Seleeby was being blackmailed
about his sexual preference.
Not a chance.
Why? Because being a cheater is more sympathetic than being gay?
I can see you've never been in a pro locker room.
Hell of a closing, Jack.
I've got nothing to apologize for.
That's right, special rules for special talents. Ripped By mstoll