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Inadmissible   10/03/03

David and DA Ben Fisher at the courthouse.

David:, what's your interest in the Red Sox, so suddenly?
Fisher:  Well, the guys have had a boatload of wins in the last couple of weeks.
Okay, let's cut the BS.  What's the skinny?
Fisher:  Thomas is off Fithian.
What happened?
I don't know, some sort of family emergency.
David:   Wow.  I hope everything's okay.
Fisher:  He didn't get into it.  Look, I thought about it and I don't want you to have to take a back seat again, after all the work you've done.
David:  Am I first chair?
Fisher:   That's right.  Prelim and trial.
  Ben, twenty-eight days of group hugs may have stripped me of my pride, but not my brain.  Thomas' only emergency is his ass is puckered up because Sally Jacobson outclassed him in court. And the only reason you're giving me this case is to protect yourself.  You know if I blow the prelim, 'Well, the drunk just wasn't ready, yet'.  But, if by some miracle, I win the prelim and lose at trial, it's a final blow to a career that you stopped believing in months ago.
Fisher:  David?

David looks up:  Uh, thanks for the vote of confidence, Ben. 
I won't let you down.
Fisher:  I know.

In an interview room, David meets with Detectives Smith, Stevens and Pierce, and Officers Hechler and Turcotte.
David:  I'm going to put you all on the stand.
Ray:  Even me?
David:  Yes.  The witness list wasn't my idea yesterday.  It is now.
Ray:  And you don't think the Barracuda is going to bring up Vista Heights?
David:  No, cause I'm going to bring it up first.  Ever since Rampart, police corruption has replaced racism as the new get-out-of-jail card.  We're going to meet that head-on.  Now, the more of you I put on the stand, the more difficult it will be for the judge to believe that there's some kind of vast police theft conspiracy.  I need you all to be on your toes and, hey - no more surprises.

Katherine is on the stand being questioned by Sally .
Good morning, Detective Pierce.
Katherine:  So far.
I just have a few left-over questions from yesterday.  Why are you tracking my client?
Katherine:  I was granted permission to create a task force for the purpose of breaking a high-end robbery ring.  Ms. Fithian was and still remains our prime suspect.
On what basis?
Katherine:  The robberies all occured on or near the property serviced by a construction company owned by Mr. John Donadoni.  Ms. Fithian was employed by Mr. Donadoni as a security engineering consultant for 10 years.
Sally: client is your main target because she held an engineering job?
David:  Your Honor, we have entered, for the record, a detailed petition that resulted in Judge Barogas(?) granting Detective Pierce a surveillance warrant on Ms. Fithian.
Sally:  I have a different theory on why Ms. Fithian became your focus, Detective.
Great.  I so enjoyed your last one.
Sally:  Do you believe my client killed two police officers during a robbery last year?
Yes, I do.  Although, I didn't know those officers.
Sally:  So, you don't have a personal stake in this case?
That's correct.  I don't.
Sally:  Exactly, when was your task force assembled, Detective Pierce?
Two weeks ago, October 2nd.
Sally walks over to the defense table and brings back a photo to show Katherine:  And when was this picture taken?
It's a photo of Katherine and Sabrina Fithian kissing.

Where did that come from?
Sally:  Just answer the question, please.
Umm...October 1st.
Sally:  I'd say, this looks very personal.
  I object.  I've never seen this picture and I have no context for it... (His voice trails off as Sally turns and shows him the picture.)

David follows Katherine down the stairs and into an elevator.
David:  Hey.  Hey!  What the hell was that?
She set me up.
David:  Set you up?  I told you to tell me everything.
A man tries to get on the elevator.
No!  Next elevator.  Thank you very much.
Katherine:  I told you she approached me.

Flashback to Sabrina walking up behind Katherine. 
Sabrina says, 'Katherine, is that you?'  Katherine turns and Sabrina kisses her.
David:  She approached you.  Yeah, okay.  You didn't tell me you guys were making out.
Katherine:  We weren't.  She bribed me!
Bribed?  That looked like free will to me!
Katherine:  Counselor!

David:  What...what did you do?  Did you kill Durrell out of some jealous fit?  Is that what this is all about?
Katherine:  Would you listen to me?
I am listening.  What do you want?
Katherine:  Fithian took me by surprise. Durrell probably shot that picture just before I told her to get lost.

Flashback to Durrell snapping a picture.  Katherine pushes Sabrina away, then flips her onto the ground.

David:  You know what?  I think Sally Jacobson is right.  This is looking a little personal to me.
Katherine:  It's a set-up, nothing more.  And just because I didn't remember your award-winning smile at some fundraiser doesn't me I'm gay!

Ray is on the stand.
David:  After three months of exhaustive investigation by the DA's office, Internal Affairs and the Los Angeles Tribune, is there anything linking you to the Vista Heights police corruption scandal?
Ray:  Not one thing.
Not one thing.  And who was the prosecuting attorney in the investigation?
Ray:  The fair-haired boy, David McNorris.
Am I correct in believing that I have a reputation for being thorough?
Ray:  Relentless to a fault.
Thank you.
Sally:  Officer Hechler, that was a very thorough account of the scrutiny you endured.
There'll be another show at eight.
Sally:  Such unwarranted attention must make you angry at the system.

Frustrated would be more accurate.
Sally:  So, you stated that you and Officer Turcotte relieved Officers Lillian(?) and Marter(?) and secured the crime scene containing Ms. Durrell's lifeless body.
Sally:  And you were there when the CSU unit took this picture? (She shows Ray a picture of the crime scene.)
Uh, yes, I believe that's my boot in the photograph, there.
Sally:  And this one, taken two minutes later? (She hands him another photograph.)
If that's what it says.
Sally:  Look at them both, side by side, and tell me what's the difference between the first picture and the second.
Well, let's see.  His bow tie is missing, the cat's tail is longer and the table has three legs.
Judge:  Officer Hechler.
Sorrry, Your Honor.  Ah, I don't see any difference.
Sally:   Well, I do.  The pattern of the spilled diamonds in the first picture has an arc.  But, in the second picture, the arc has been disturbed indicating that there is a diamond missing.  It must be difficult, Officer Hechler, to always find yourself in situations where other people are stealing money.  No more questions.

David and Ray are alone in another room of the courthouse.
David: You son of a bitch!  I go on the record to clear your name, against my better judgment, and you screwed me!
What are you - new, here?  There's no missing diamond.  That song and dance was classic Jacobson.
David:  Was it?
I oughta knock you back to the desert.
David:  Go ahead.  Give me a reason.
Ray stands up, takes his gun out of the holster and lays it on the table. 

He and David square off.
Hunh.  There's nothing I'd like better.  That's a nice try.  (He holsters his gun.)
David:  What are you talking about?
Well, you're looking for a reason, all right.  Everybody's watching this one.  You need to win.  I'd be the perfect excuse for you, later.
David:  You know what?  You're an ass, Ray!  Enjoy the pictures.
Ray laughs as David leaves the room.

David hurries to his car, gets in and grabs the bottle of Scotch out of the glove compartment.  He unscrews the lid and sits there, staring at the bottle for a minute.  Then, he shakes his head, says:  'Son of a bitch'  before putting the bottle back in the glove compartment.


David is waiting outside the resturant when a man approaches, carring a bag.  It's Carl Barnes.
Mr. McNorris.
David:  Yeah.  (He turns, sees it's Barnes and starts backing away.)  Hey.  Look, the police know you've been following me around.  So, just...
I wasn't.  I mean, I didn't mean to be.
David:  Really?  Really?  That's why you stopped by my office and said you were my friend?
I couldn't tell them you put me away.
David:  What do you want?
Prison meant white-knuckle detox.  I had to fight those animals just to keep my teeth.  My wife quit coming.  The only thing that kept me alive was thinking about what I'd do to you when I got out.
David:  Really...even though you were the one who ran over that six-year-old girl.
  I'm just getting to that.  Prison sucked, but it helped me see some things.  Eventually, I realized the guy I wanted dead all along, was me.  Even before the accident.  Six years sober.  Thank you.  Okay?
He holds out his hand and David shakes it.

David walks into the restaurant and joins his father at the table.
David:  Hey, Pop.
David:  You know, there are other restaurants in Los Angeles.
Well, consistency is highly under-rated.  I've had the same barber, bookie and wife for the past 40 years.  Besides, I like this place.  They show the Celtics.
David:  All right.
Can I get you guys something to drink?
Mack:  Jameson, neat.
Make that two, please.
Waitress:  Coming right up.
Your cops didn't look too good, today.
David:  Yeah, I got shredded.
The first case you lose, it won't kill your career.
David:  Who says I'm going to lose?
Did you call Marian today?
David:  Pop, please, come on, I asked you to just...
Do you remember that summer house we had in New Hampshire years ago?
David:  Yep.
Do you remember when you caught that big bass?
David:  No, Dad, you caught that big bass.  You handed me the pole and then you bent down to tie your shoe and then I felt this big tug.
Naw, naw, caught that monster, not me.
David:  Whatever you say, Pop.
And here's the proof.  (He pulls a photo out of his jacket and hands it to David.)
David:  Oh, my God.  Kevin Flanagan.  What's he doing now?
Firefighter on disability.
The waitress brings their drinks:  Here you are, gentlemen.
Mack:  Thank you.
You remember those two characters?
David:  Yeah, Big Tommy and Little Tommy O'Brien.
You remember Big Tommy's uncle?
David:  Oh, what was his name?  Uh, Jerry O.
Jerry O.  That's it.  He wasn't with us that year.  Married an Italian girl and moved to San Diego.  Came back to Boston to see me last week.
David:  What does he have to say?
He was worried about a friend.
David:  You and your gang...always taking care of some friend.
That what you do with friends, David Francis.  You take care of them.
David:  What's wrong with his friend?
His friend is very worried.  His friend is John Donadoni.
David:  You're asking me to take a dive!
I just want you to know that there's a connection here.
David:  There's always some connection with you, Dad.
You got something to say?  Let me hear it.
David:  Yeah, I've got something to say.  You're a crook, a liar and a drunk and you haunt me.  You haunt me!  A father's supposed to tell his son right from wrong, but you - you teach me how to cut corners.  You teach me that fists are for anger and the bottle is for fear.  And here I am, afraid out of my mind, and I can't use the one tool I know how to use.  But, just when I decide that I hate you, I remember the hours you spent hitting me ground balls before baseball tryouts or dropping me off at the rink at 4:30 in the morning.  I think, maybe, I've been in California too long.  One trip to the looney bin and - whooh - I'm blaming everything on my father.
Someone says: 
Hey, buddy.

David:  Shut up!  I am talking to my Dad!  And then you show up and like a fool, I think that, maybe - maybe, you might give me one little drop of support because, unlike you, I don't have one friend.  Not one!  But, instead of offering me support, what do you do?  You take the one little piece of my soul that I didn't sell.  Here's to you, Pop!  (He picks up the glass of Scotch and drains it before slamming it back down on the table.)
What is it?
David stares down at the full glass of Scotch:  What do you need?
Don't fight so hard.  This case is a loser.  You said so, yourself.  Son, there's an opportunity here.
David:  Opportunity.  You're talking about money, right?
I am.
David:  We'll talk about this later, okay?  (He gets up and leaves the restaurant.

Fearless, Ray, Tom, Katherine and Joel at the police station.
Ray:  So, what's the rundown?
Right now, the murderer of Wyzneiki and Chandler is behind bars where she belongs.  Whether or not she stays there, is up to us.  What's up with those crime scene photos?
Ray:  Aw, it's totally bogus.
Joel:  What?
More or less.

Flashback to Ray and Tom in the tunnels as the CSU takes photos of the crime scene.  Ray leans over and picks up a diamond.
You know what this is?

Tom:  A diamond.

Ray:  No.  This is a symbol of the injustice in the world.  That some poor bugger works in a mine for pennies to dig this out to make some diamond merchant rich.  Cut to us, civil servants, down here, risking our lives.  Why?  So, we can prevent this from being diverted on its way to becoming J Lo's toe ring.
He puts the diamond back on the ground.

Joel:  Why would you mess with evidence at a crime scene?
Maybe the irony of a sewer full of diamonds is lost on you.
Joel, yelling:  Yeah, it is lost on me!
Fearless:  Guys, come on!  That's enough.
So, what do we do now?
Fearless:  We have to get rid of any suspicion Pierce here shot Durrell.
Tom:  Okay.  How do we do that?
We go over everything we have - again!

With a guy from the CSU, they look at photographs of the bullets and Katherine's weapon, pinned on a bulletin board.
  Okay.  So, this is the bullet that killed Durrell.  This is the bullet that the lab fired from Detective Pierce's weapon.
Tech Guy: 
See how the striations are identical.
Fearless:  So, what's that?

Tech Guy:
  It's a marking, which is also identical.  Striations come from the barrel.  Markings come from the muzzle.
Fearless notices Joel's intense scrutiny:  What?  What is it?
Joel walks over to the bulletin board:  This...ah...nick here.  You dropped your gun in the fall, right?
Katherine:  Yes.
Joel:  Could this nick in the muzzle have happened when you fell?
Katherine:  Possibly.  I always run with the barrel facing down.
Joel:  All right.  Could this nick have caused a marking that appeared on both bullets.
Tech Guy:  Absolutely.
Katherine:  That means the bullet that I fired into Durrell's leg is different.
Joel:  Exactly.
Fearless:  So, where is it?
Tech Guy:  Well, it was a through and through.  They didn't find it.
Fearless:  Okay, you contact your guys who are on the tunnel search.  You tell them that this bullet is the new priority.  You got that?
Tech Guy:  Yeah.
Fearless:  Great.

At the courthouse, Fearless hurries up the stairs, trying to catch up with David McNorris.
Excuse me.  Excuse me.  McNorris!
David:  Yeah!  Oh, hey.
I've got good news.
David:  What's that?  Did Donadoni turn himself in?
Well, not quite.  But, the bullet that Pierce fired into Durrell - it's different.  It's different than the one Fithian put in Durrell's head.  We're looking for the first bullet, now.
David is obviously distracted by his father's approach:  Different...different...that's good...
Mack McNorris: 
Go get 'em, kid!

Fearless is on the stand.
So, Detective Smith, you're saying that there's proof that the second bullet discharged from Detective Pierce's firearm - the execution shot - was done so after Detective Pierce was rendered unconscious?
Fearless:  Yes.
to judge:  This day, we'll be entering into evidence, both bullets discharged from Detective Pierce's firearm.  Thank you.
Fearless looks a little confused.

Outside the courtroom.
Fearless:  What the hell are you doing?
David:  What are you talking about?
Fearless:  I never said we had the first bullet.  I said, we were looking for it.
David:  Wait a minute.  You said you had evidence.
Fearless:  But, if we don't find it, you just handed the Barracuda means for a mistrial.
David:  You weren't clear!
Fearless:  Come on!  What are you, trying to blow the prelim so that you won't lose at trial?
David:  You know what?  Why don't you get off of your moral high horse for one second and realize that I worked my ass off on this case?!
Fearless:  Look, this case may mean a lot to you.  It means a hell of a lot more to us.
David:  Oh, really?
Fearless:  Yeah!  We're working around the clock, off the clock, bringing you every shred of evidence we can.  We're trying to help you.  We're doing everything we can, man!
David looks at his father, who is leaving the courthouse:  You're not the only one working hard.
Fearless starts to walk away, but David reaches out and stops him.
David:  Look.  Hey, listen.
Fearless:  What?
David:  I said, you're not the only one working hard.
Fearless:  Yeah, I heard you.
David:  So is Donadoni.  The diamonds - the diamonds are still in play.

David, Joel, Fearless, Ray, Tom and Katherine at the police station.
David:  Donadoni doesn't have the diamonds.  He's going to way too much trouble to clear Fithian.
Joel:  What trouble?
David:  Jacobson, for one.  Do you know how expensive she is?  Clearly, she has enough resources.
Tom:  Well, maybe, he's just making sure that Fithian doesn't flip.
Joel:  Naw, he's right.  It would be more his style to just kill her.
Tom:  Well, say she handed the diamonds off to somebody - you know, not a Donadoni guy.  What does it matter?
David:  Well, Donadoni could find the guy.  Fithian knows that.
Katherine:  That means that the diamonds didn't get to the subway.
Ray:  Well, I don't know.  I don't think the diamonds are in those tunnels.  I mean, we covered those things twenty times.
Katherine:  What if they didn't get to the tunnel?  I mean, she set me up with that picture.  I think she's setting us all up.
Ray:  So, what are you saying?  The diamonds disappeared?
Katherine:  Well, she had to have scouted that vault beforehand.  The only way to get inside a safe deposit vault...
Fearless:  You have to rent a safe deposit box, yourself.
Katherine:  Exactly.
David:  That's it!

Sally Jacobson is sitting by a fountain, smoking.
David walks up:'s bad for your health, you know that?
Sally:  Please.  I get enough about these from my husband.
David:  I'm talking about working for Donadoni.
Sally:  What's your point?
David:  Tell your client I'd like to speak to her alone, about Jill Foster.
Sally laughs:  Ohhh, you've got a set of stones, McNorris!
David:  Just relay the message.
Sally:  What?  You think I just got my law degree?  No client of mine is going to talk to anyone, alone.
David:  Jill....Foster.  (He takes the cigarette away from her, drops it on the ground and steps on it before walking away.)

In Sabrina Fithian's cell.
Sally:  I was hoping we'd win at trial.  But, I think this will be dismissed after the prelim.
Sabrina:  Good.

Sally:  McNorris is so desperate that he tried to get me to pass on a threat.  I may have him disbarred.
Sabrina:  What kind of threat?
Sally:  Is Jill Foster a family member?
Sabrina:  What did he say?
Sally:  Who's Jill Foster?
Sabrina:  Sally, what did he say?
Sally:  He said he wanted to talk to you alone.
Sabrina: him.
Sally:  Uh-uh.  I strongly advise against this.
Sabrina:  Call him.

In an interview room.
David:  You know, it's funny.  You don't look like a 'Jill'.
Sabrina/Jill:  You said you wanted to talk.
David:  We found the diamonds.  How's that for a conversation starter?
Sabrina/Jill:  I don't know anything about that.
David:  Really?  Well, I got some great news for you.  You know that little safe deposit box that you rented under your real name, Jill Foster?  Well, the police found 18 million dollars worth of stolen property in there.

Flashback to Sabrina and Rachel robbing the vault.  As Rachel enters the tunnel, Sabrina opens a safety deposit box and places the diamonds in it.

David:  Did you hear that...Jill?  Sounds like tables are turning.
Sabrina/Jill:  Don't call me Jill.
David:  Oh, no, no, no, it's nothing to be embarrassed by.  Los Angeles is the city of dreams.  This is where we all come to remake ourselves.  But, you know the one thing that I realized?  You can never really leave that mess behind.  Sally's going to have a very difficult time with the latest developments, huh?
Sabrina/Jill:  What do you want?
David:  Everything you've got on Donadoni.
Sabrina/Jill:  Yeah, and I'll be dead within an hour.
David:  You will, anyway.  Once he finds out that we have the diamonds, you become a liability.  Kinda like Durrell became for you.  I left Sally out of this one, so we can get a head-start on security.  If you co-operate, we'll give you yet another false identity and you can spend the rest of your life in prison, safe from your boss.
Sabrina/Jill:  I want parole on the table.
David:   Umm, sorry.  Fresh out of parole for cop killers.
Sabrina/Jill:  Well, then, forget it.
David:  Really?  Once you no longer have your own cell to yourself, it'll be 'shanks' for the memories.
Sabrina/Jill:  I know how much you want Donadoni.
David:  And I know how much you want to live.  Let's see who feels stronger.
Sabrina/Jill:  I can tell you where you can find the gold coins.

David:  Nnnnh.  Thanks for playing.  (He heads for the door.)
Sabrina/Jill:  All right, David.  Start your tape.  Let's see what comes out.
David walks back and slams the tape recorder down on the table:  Fire away.
Sabrina/Jill:  I started pulling jobs for Donadoni when I was 32...

David walks into an office where Katherine, Joel and Fearless are waiting.
David:  Hey.  I'm on my way to Judge Clark to get a warrant for Donadoni's arrest.  Considering what Fithian told me, there's no way he'll get bail.
Katherine:  Gives us a taste.
David:  Two bodies buried in his Trans Metro Building, a direct line to the gold coins he liquidated.
Joel:  We're going to have to put Fithian in isolation.  I'll arrange security. 
David:  Done.  But, until Donadoni's in custody, you can't breathe a word of this to anyone.  The man has a helicopter and two private planes.  He'll be gone in minutes.

Fearless:   Cool, no problem.  The three of us will pick him up alone.
David:  I'll have the warrant within the hour.
Fearless:  One hour, baby.  Get going!

David pulls into the driveway and hurries inside his home.
David:  How much would I get?  To sabotage the trial - how much would I get?
Mack:  50 grand.
David:  50 grand.  Wow!  50 grand.  And where would get that from, Pop?  Your retirement fund?  Refinance the house?
Mack:  What?!
David:  Guys like Donadoni - they don't bribe.  They threaten and they kill.  And Jerry O...what kind of a friend relays a death threat?
Mack:  That's my business, boy.  It's not yours.
David:  You, you and your twisted sense of honor.  You'd rather bribe your son than ask him for help.  They found the diamonds, Pop.  Fithian's already talking.
Mack:  So, there's nothing you can do.
David hands his father a piece of paper:  Look, this is Donadoni's office number.  I'm on my way to see the judge.  In 40 minutes, the police are going to have a warrant for his arrest.  Call him from an outside line.  Tell him we have the diamonds.  Tell him to leave the country.
Mack:  What are you going to do?
David:  I'll settle for a cop killer who never sees sunshine.  Look, he'll know it's the best you could do.  He'll know you got to me.

David is in his office.  He pulls a bottle of Scotch out of the desk drawer and pours himself a drink.
David:   Well, look's like you got the last laugh, lady, huh?
There's a knock on the door.  David hides the glass as Joel enters the room.
Joel:  McNorris?
David:  Hey.
Joel:  I wanted to come tell you what happened.
David:  Donadoni got away?
Joel:  No.  We hooked him up right in his office.  Walked him right through and down the block.  Wish you could have seen it.
David:  Wait a got him in custody?
Joel:  Yeah, the arraignment's tomorrow.
David:  Good.  That's very good.
Joel:  Yeah.
David:  Congratulations.
Joel:  Yeah, thanks.  It was a good day for all of us.  Look, the cops at the station are toasting Wyznicki and Chandler.  Why don't you come?  We'll have 'em give you some ginger ale in a dirty glass.
David:  Uh...look, I'm going to have to pass on this one...Joel.
Joel:  You've got something else planned?
David:  Yeah, a family thing.
Joel:  Okay.

David arrives home and sees his father putting his suitcases in the trunk of a car.
David:  Pop!
Mack:  I got to get back.  Your mother's beside herself with all the free time.
David:  You didn't call him.
Mack:  No.
David:  Why?
Mack:  Because you needed to catch another big fish.
David:  You're in danger now.
Mack:  You want to see danger?  Look in your refrigerator.
David:  Pop...look...
Mack:  Look, by the time I was your age, I had four kids and a wife who cooked for me every night.  You're living like some college kid.
David:  I'm separated.
Mack:  Well, therein lies the problem.  You know, do yourself a favor.  Call Marian.
David:  Dad!...Be careful, okay?
Mack:  You, too.
Mack gets in the car and drives away as David stands in the yard and watches him leave.