Presumed Innocent Page #7

I learned the first time last night,

from Tommy....

Hold it right there. Inside, gentlemen.

I request that Mr. Sabich join us

in chambers.

He is an integral part of the defense.

Where is the f***ing glass?

Police Evidence Room was where it

was supposed to be, but they can't find it.

We won't be talking about evidence

that nobody can find. Not in my court.

We don't object to the photographs,

just to testimony about fingerprints.

I will reserve decision, gentlemen.

A stroke of luck. Their disorganization

will help us with the jury.

They'll find the glass. They always do.

Ladies and gentlemen,

these photos depict horrors...

...you may be expected to react to

with disgust.

But I am instructing you,

that in themselves...

...they are proof of nothing

except the nature of the crime.

How you doing?

-They making it tough on you?

- Those cupcakes? Come on.

Is there anything you need?

Yeah, I got to find this guy, Leon.

Leon Wells.

The guy who's supposed to have bribed

the PA at the North Branch.

I wouldn't ask, but it might really matter.

Think Molto's kinky on this?

Set you up to keep you from looking?

You want to hear me say

I think it might be possible? I do.

Okay, after I testify.

They got their eyes on me.

When I'm off the stand, they'll ease up.

I'll work on it then. Hard.

You're a pal.

Is he gonna help?

After he testifies.

Might be too late by then.

I think it's going well.

The jury's gonna remember pictures

of Carolyn tortured to death.

They'll want somebody to pay

for what they saw.

Tomorrow, Raymond...

...my friend and mentor,

will testify he thinks I'm guilty.

Then come the physical proofs:

Fingerprints. Fiber. Bodily fluids.

They all point to me.

You know the defendant, Rozat Sabich?

Sure, I know Rusty. I've known him

since he was a law student.

He was my second in command.

Would you identify him?

That's him.

You assigned Mr. Sabich to supervise

the investigation in this case?

He volunteered.

And I accepted.

He promised to pursue it vigorously.

Did he?

Not to my way of thinking, no.

I got the feeling he was stalling

on the investigation.

I let him know that I wasn't happy

about that.

He brought in his own detective

to replace Harold Greer.

Then he gave his new partner instructions

to ignore evidence...

...about telephone calls

between his house and Carolyn's.

He tried to limit the scope of

the fingerprint search to exclude his own.

He was more interested in whether I had

been intimate with Carolyn Polhemus...

...than in the facts surrounding her murder.

What did you tell him

about you and Ms. Polhemus?

I told him the truth.

That we'd been together

for about three months.

This, of course, was after I was divorced.

At that time, or any other time...

...did he inform you

of his personal relationship with her?

There is no proof in the record

of any relationship between them.

I'll let the question stand.

But Mr. Della Guardia is asking a question

based on his assumption...

...that something was going on

between Mr. Sabich and Ms. Polhemus.

Just because he thinks it's so...

...doesn't make it so.

Proceed.

I never would've let him handle

the investigation...

...if I thought he'd been intimate

with the victim.

Nothing further.

Have you any...

...personal knowledge...

...that there was ever a relationship

between Mr. Sabich and Ms. Polhemus?

That's the point. He didn't tell me.

Please answer the question I asked you.

Do you remember the question?

I do.

But you chose not to answer it.

I apologize, Mr. Stern.

I have no personal knowledge

that such a relationship ever existed.

Assuming there was something

to disclose...

...you believe he should have informed

anyone in a responsible position?

I do.

Certainly you would give any information

you had on a case...

...to your investigating staff?

Certainly.

Mr. Horgan...

...you removed a file, a so-called B file...

...from Ms. Polhemus's office after

the investigation of her murder began?

What's the relevance of this?

The witness has testified

on direct examination...

...that Mr. Sabich did not bring

to his attention information...

...that he regarded as pertinent.

The defense is entitled to explore

Mr. Horgan's standards in this regard.

Subject to a later connection, I'll allow it.

Continue, Counselor.

And you gave that B file to Mr. Sabich...

...only after he informed you it was missing

from Ms. Polhemus's office?

That's true.

You've told us that you

and Carolyn were lovers.

For a short time, yes.

B-file cases...

...cases involving bribery

and official misconduct...

...are normally assigned

to the assistant deputy.

At the time, Mr. Sabich. Is that not true?

That was the usual practice, yes.

You gave this highly sensitive matter

in this B file...

...to Carolyn Polhemus

while you were sleeping with her?

That appears to be the time frame.

The answer to the question is yes.

Weren't you concerned, in the midst

of a nip-and-tuck election campaign...

...about word leaking out

that you had secretly given a file...

...that was in Mr. Sabich's area

of authority...

...to an assistant with no experience

in such matters...

...with whom you were sleeping

at the time?

It may have crossed my mind.

Who knows? It was not an ideal situation.

Far from it.

And, sir...

...you come to this courtroom...

...where the life of a man...

...who served you faithfully for 1 2 years

now hangs in the balance...

...and you tell us

you withheld evidence from him...

...that might have assisted

in his investigation?

All right.

Is it fair to say...

...that the chief deputy is the person

in the office...

...in whose judgement you place

the greatest confidence?

I regarded him as the best lawyer

for the job, yes.

And you gave Mr. Sabich the authority...

...to decide when and where

to fire Mr. Della Guardia?

Gentlemen...

...let's stop right there.

What is the relevance of who fired who?

Judge, it's our theory that Mr. Sabich

is being framed in this case.

-I don't believe it.

-Your response has been noted.

If Mr. Stern is truly going to endeavor

to prove...

...that the case against Mr. Sabich

has been manufactured...

...then this history of antagonism

is relevant for those purposes.

What about this missing B file?

We believe it's being withheld

because it contains evidence...

...that is necessary to the defense.

So, we intend to pursue this matter...

...until we have a full understanding

on how it bears on the truth.

I don't know where this will lead us,

but I'll tell you two things:

You'd better be prepared

for the prosecution's response...

...because he is going to be entitled

to a great deal of latitude in answering.

'Cause I am going to give him that.

Do you recall we spoke about a B file

that you assigned to Ms. Polhemus?

I'll remember it for quite some time.

-Was Mr. Molto involved in this case?

-Objection!

Objection sustained.

Mr. Stern, you're playing with fire.

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