Presumed Innocent Page #6

from wasting time.

Clearly, they hope to win the case

on the strength of their physical evidence.

I'd like to look at that glass.

It could help me.

List a motion for production

of physical evidence.

I want an inventory of everything

in that apartment.

Where's the contraceptive jelly...

...the chemist is saying he finds present?

ln her medicine cabinet?

I don't know.

I'll hear worse in court.

I never asked her what she was doing.

One word of caution.

We do not want to lead Della Guardia...

...to evidence he has not thought to obtain.

Best we conduct a search ourselves

without disclosing our intentions.

Also, your mention of Carolyn's

personal habits leads to this thought.

We should subpoena her doctors.

Who knows what we might discover.

There's one big surprise, however.

Raymond Horgan's on their witness list.

Why?

It's a hell of a way to impress

my new partners.

I'm here three days

and I get a grand jury subpoena.

I was wondering what we might expect,

in terms of your testimony.

I'm going to testify about Rusty's conduct

of the Polhemus investigation.

-How he volunteered to handle it.

-Just a second.

You insisted I take it on.

I don't remember it that way.

What are you trying to do to me?

What am I trying to do to you?

What are you trying to do to me?

I thought I had your loyalty.

Why didn't you tell me

about you and Carolyn?

Under the circumstances,

I have to advise Rusty not to respond.

Clearly, he would like to.

Let me ask you something.

Why were his fingerprints

all over that goddamn glass?

That's what I'm going to testify.

That he wanted the case.

That I had to chew his ass

to get him to move on it.

He seemed more interested in if,

when and how...

...l was f***ing Carolyn Polhemus

than in his own investigation.

When push came to shove,

he stood in my office...

...he told us he'd been nowhere near

her apartment the night she was killed.

That's what I'm going to testify.

And I'll be goddamned pleased to do it.

How can you think

that I could do a thing like that?

You always had the cork in too tight.

We all saw that.

When you blew, you blew.

Come on, Rusty.

When did this relationship take place

between Raymond and Carolyn?

Just after she stopped seeing me.

Delay's got his motive.

What if I told you Raymond secretly

assigned a bribery case to Carolyn?

Some poor son of a b*tch

on a public-indecency charge...

...paid off a PA to have his case dismissed.

Turns out, the guy's probation officer

is Carolyn...

...and the deputy assigned to the case

is Tommy Molto.

Day after I find this out,

I'm charged with Carolyn's murder.

Before we venture down the road

into actual accusation...

...we must consider the matter

very carefully.

It can't be a coincidence

it lays out this way, Sandy.

I mean, I'm innocent.

God, I made a fool of myself today

with Sandy.

How?

I told him I was innocent.

I thought he would've asked you that

by now.

No, it's axiomatic.

Defendants rarely tell the truth.

Lie to the cops, lie to your lawyer,

lie to the jury that tries your case.

Leave the bastards out there

with a grain of doubt.

You never asked.

If you're innocent?

You want me to?

Please draw a name.

"Judge Larren Lyttle."

I have some motions from the defense.

Mr. Stern, you want to examine

the scene of the crime?

Yes, Your Honor.

To evaluate the physical evidence...

...to see if it actually proves

what the prosecution claims.

Mr. Della Guardia?

With proviso that nothing be removed,

nothing disturbed.

-No objection.

-Granted.

Mr. Stern, anything further?

We notice that Mr. Molto is listed

both as a prosecutor...

...and as a witness for the prosecution.

We object to that.

I take it you are speaking

of where Mr. Sabich...

...responds to Mr. Molto's accusation

of murder by saying: "You're right."

"Yeah, you're right."

Your Honor, the man admitted the crime.

Come on, Mr. Delay Guardia. Really.

Tell a man he's engaged in wrongdoing

and he says, "Yeah, you're right."

Everyone knows that's facetious.

We're all familiar with that.

Sh*t, if Mr. Sabich had come

from my neighborhood...

...he would've said, "Your momma."

But, in Mr. Sabich's part of town

I would think they would say:

"Yeah, you're right."

And what they mean is, "You are wrong."

Just to be polite.

Your Honor, isn't that a question

for the jury?

On the contrary, Mr. Delay Guardia,

it is first a question for the court.

If you use Mr. Sabich's statement

and risk my ruling it out of order...

...then I will bar Mr. Molto

from prosecuting.

But if he is the prosecutor...

...then Mr. Sabich's statement

may not be offered.

And I'll see you in court in three weeks.

Ernestine, show in the next bunch.

What the f*** are you doing with those?

We don't want Molto thinking fingerprints

we leave here today are from before.

We're not going to plant anything,

if that's what you're worried about.

The law's the law.

Yeah, I know, Glendenning.

Diaphragm?

I don't know. The bathroom?

Where?

Nothing.

F***ing cops always forget something.

What is it?

Her phone book.

Check with her doctors

on the contraceptive stuff.

Carolyn never seemed worried

about anything like that.

She's got them under "D."

Jesus, she's got a lot of doctors.

If the chemist says spermicide is present,

and it's not seized from here...

...then you tell me where it's at?

I don't know. Maybe I took it

when I took the diaphragm.

It doesn't make sense.

You got to remember,

I wasn't thinking very clearly.

If I had been, I wouldn't have left

my fingerprints on the glass.

You were a former chief deputy prosecutor.

How does it feel to be on the other side?

Think you might be a political scapegoat?

Sorry, we're not about to try this case

on the courthouse steps.

How do you feel about your husband, now?

All rise.

The Superior Court for the county

of Kindle is now in session.

The Honorable Larren L. Lyttle,

judge presiding.

Draw near and give your attention

and you shall be heard.

God save the United States

and this honorable court.

The People vs. Rozat K. Sabich, for trial.

May it please the court.

The State's evidence will show

that on or about April 1 ...

...Carolyn Polhemus, a deputy prosecutor

in Kindle County...

...was brutally murdered.

The proof will show that this murder

was perpetrated by her colleague...

...Rozat K. Sabich.

How are we to answer this,

Rusty Sabich and l?

Mr. Della Guardia's case involves no facts

but supposition upon supposition.

Guess upon guess.

When you listen to the evidence,

ask yourselves...

...why Rusty Sabich...

...the finest prosecutor of this county...

...a man who has devoted his life

to preventing...

...and punishing criminal behavior,

not to committing it...

...sits here as the accused.

Why?

The State calls Detective Harold Greer.

May we have a word with the bench?

This witness will testify about a bar glass.

They have no bar glass.

What about this?

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