Marshall Page #7

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Tomorrow?

Get out of my house.

No.

Not until I tell you

why I'm here.

Hear me out.

You were right.

I had it all wrong all along.

Spell was with her all night.

Spell lied.

This is your big epiphany?

Eleanor Strubing lied too.

Neither of them have

been telling us the truth.

Thurgood, you have just

broken this case wide open.

My God, you really

are a legal genius.

Men are men and women are women.

Men are men

and women are women, Sam.

You think it was consensual.

It's the only explanation

that makes sense.

How can we be certain?

We need to talk.

Talk about what?

Listen to me carefully now.

Did you have sexual intercourse

with Eleanor Strubing?

No. Why you

keep asking me that?

I never asked you that before.

Did you have sex with her?

Speak, goddamn it.

I told you I didn't.

She says she was in that car

when it got stopped.

You hear her say that in court?

I heard, but she's lying.

No, she's not lying.

- You're lying.

- Why are you taking her side?

The cop...

The cop never searched the car.

She was in the back seat,

wasn't she?

No. Look, I'm telling you...

Get this through your head.

She gave a statement to the

police early that morning.

She knew then the car

had been stopped.

Okay.

Okay, she was there.

And did you have sex

with her that night?

Answer me.

Answer me now!

Yes.

How many times?

Two times.

So, you're guilty.

- You've been lying all along.

- No!

It wasn't rape.

What about the skin under her nails?

The doctor lying too?

When we got to the reservoir,

I parked the car.

But she starts screaming,

opens the door to run out.

So I grabbed her

just to keep her there.

That's when she scratches me.

- You lying to me again?

- No.

It's the truth.

Why didn't you tell me the

truth in the first place?

Because I-I was confused.

That's not good enough, Joseph.

Willis is gonna ask you why you

lied, sure as you're standing here.

He's gonna ask you

in front of everyone.

The jury's gonna be studying

you with all 24 eyes.

And you're just gonna say you were

confused? I couldn't think straight.

That's not gonna swing it.

You lied in a sworn statement.

Why would you do that?

Because I was scared.

All right?

I was scared what they's gonna

do to me if they find out.

My father told me once,

"If anybody calls you n*gger,"

you not only got my

permission to fight him,

"you got my orders

to fight him."

Your father say anything

about being called a kike?

No.

Not to me anyway.

You look like

a real fighter now, Sam.

Like a Jewish Joe Louis.

Nah.

Barney Ross is my guy.

Barney Ross it is.

- Good morning.

- Good morning, Mr. Friedman.

Mrs. Strubing,

you're originally from

Philadelphia, is that correct?

Yes.

College grad?

Bryn Mawr,

Mr. Friedman.

And you were an athlete,

I understand?

Yes, I was on the swim team.

You and your husband moved

to your estate in Greenwich

last spring, is that correct?

I don't know

if I'd call it an estate.

I'm sorry. A mansion?

John and I moved here, to

Greenwich, rather, last May.

But your husband was away on the night

of this incident. Is that right?

Yes, as I said, on business.

You've testified that you went

out on the evening in question.

That is correct.

To the Moores'.

Did you, Did you drink

at the Moores' home?

As I recall, I drank some wine.

How many glasses, would you say?

I don't remember.

But it was more than one.

I didn't say that.

I said I didn't remember.

When you drove home,

were you tipsy?

I never drink enough

to get tipsy.

Okay. So you went straight up to your

room to shower. Is that correct?

Yes.

And when you came out

of the shower,

you say Joseph

was waiting for you.

I didn't see him at first.

I had no reason to believe

that I wasn't alone.

But then...

he was there.

You were attracted to Joseph,

weren't you, Mrs. Strubing?

Objection! That's an

absurd accusation! -What?

You invited him into your bed, didn't you?

Your Honor!

He attacked me! Strike the question

and answer from the record.

Mr. Friedman, no more of this.

You understand me?

Yes, Your Honor.

Yes, of course. I'm sorry.

Now, your bedroom is just below

the room where the maid slept?

Yes.

Did you scream for help?

I couldn't.

He had a knife.

Did he hold the knife

as he removed his clothing?

He must have.

So he removed his pants, belt,

zipper, whatever, with one hand?

Apparently so.

You told Mr. Willis

that you fought him,

but he overpowered you.

- Is that right?

- Yes.

There was a phone

right next to your bed.

- Did you attempt to use it?

- No. I was terrified.

Afraid to use the phone or scream for

help, but not afraid to fight back?

You have no idea what it

feels like to be so afraid.

But at no point...

at no point

during the hours and hours that

the two of you were together

did you ever attempt to make any calls,

to escape, to raise your voice for help?

- Object. This is argument.

- I was scared for my life!

Sustained. The jury will

disregard the question.

You knew you had been unfaithful

to your husband.

You were terrified of what he

would do to you if he found out.

And you wanted to get away.

He is badgering the witness!

That is not true! I was forced

to leave the house. He bound me!

He gagged me

and he dragged me to the car.

The police stopped the car?

Yes.

But still you did not scream?

- He had a knife!

- Right. Right. The knife.

As you testified, you were afraid

that he was gonna slash your throat

from the front seat

of the car, was it?

I couldn't make a sound.

- Because of the gag?

- Yes.

Mrs. Strubing,

this Exhibit "I" is identical

to the gag that he used?

Yes.

Let's just show the jury

what he did then.

Mrs. Strubing, please, please instruct Mr.

Marshall, if you would.

The gag was between your lips.

Is that correct, Mrs. Strubing?

Yes. That's correct.

Is this about right?

No, it was a bit tighter

than that.

How 'bout this, ma'am?

Yes, that's about it.

Now, you could have

done that, Mrs. Strubing.

He would have killed me.

Who would have killed you? Your husband?

-Objection!

Quiet, Mr. Marshall. -How

dare you speak to me that way.

There was a policeman

standing not three feet

away from you. You did

not call out for help.

Instead, Joseph drove

on to the reservoir.

I'm warning you. No speaking!

You bolted from the car because you

were ashamed of what you had done

with another man, with a colored man!

Objection!

One more word out of you and

I will hold you in contempt!

You were afraid of what your husband

would do to you if he found out.

Afraid that you were pregnant

with a colored child.

- Objection! This is argument!

- Sustained.

- Jury will disregard.

- You jumped into that water.

- You wanted to end it all.

- Jumped? I was thrown.

I was thrown. My hands were tied.

He tried to kill me!

Your hands were not tied,

Mrs. Strubing.

You were able

to remove your coat

and let it float in the water

as you swam to shore.

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