L.A. Law (TV Series)
Whistle Stop (1994)
John Spencer: A.D.A. Tommy Mullaney
Quotes
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A.D.A. Tommy Mullaney : Oh, Stan, I been looking for you.
Stan Holzman : What's up?
A.D.A. Tommy Mullaney : I wanna talk to you about John Rosten.
Stan Holzman : Oh, come on, Tommy.
A.D.A. Tommy Mullaney : It's gotta be another way to do this.
Stan Holzman : I thought we already had this discussion. Whether we like it or not, three strikes is the law.
A.D.A. Tommy Mullaney : What if you reduce the charge to a misdemeanor? One-year County Jail?
Stan Holzman : The guy receives $6,000 worth of stolen goods. How do you make that into a misdemeanor?
A.D.A. Tommy Mullaney : I think we can figure some special circumstances. I get the conviction, John Rosten does life.
Stan Holzman : That's right.
A.D.A. Tommy Mullaney : Stan, he got caught with stolen doping supplies.
Stan Holzman : Before that, he committed two armed robberies. Go for the felony, Tommy. And go for the conviction.
A.D.A. Tommy Mullaney : He did those robberies and serve time for 15 years ago. What happened to a little prosecutorial discretion?
Stan Holzman : The three-strikes laws what happened.
[Heads in the elevator]
Stan Holzman : My job is not to redefine it, but to enforce it. As is across-the-board. No exceptions. Go for the felony, Tommy.
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[In the chambers, Judge Carolyn Walker looking up law books. Knocking the door is the A.D.A. Tommy Mullaney]
A.D.A. Tommy Mullaney : It's me.
Judge Carolyn Walker : Hi, I just called you. Pull some strings and I got us a suite at the Ventana for Friday, Saturday and Sunday night.
A.D.A. Tommy Mullaney : Great.
Judge Carolyn Walker : That was convincing.
A.D.A. Tommy Mullaney : Oh, I just talked to Holzman.
Judge Carolyn Walker : Anyone agree to reducing the charge against John Rosten?
A.D.A. Tommy Mullaney : Nope.
[Closed the book]
Judge Carolyn Walker : Are you surprised?
A.D.A. Tommy Mullaney : I don't think I've ever gone into a trial before where I've actually wanted to lose.
[Judge Walker looking up the case file]
Judge Carolyn Walker : Well, I'm sure that once you're in there, whatever ambivalent you have will soon give way to that well-worn killer instinct of yours.
A.D.A. Tommy Mullaney : And Morse the pity, I win. And this guy goes away for life?
[Tommy and Judge Walker take a seat]
Judge Carolyn Walker : Look the guy is committed to violent felonies in the past that we know about. God knows how many we don't know about and having committed a third...
A.D.A. Tommy Mullaney : Non-violent felony.
Judge Carolyn Walker : A felony nevertheless, he's got to pay the consequences.
A.D.A. Tommy Mullaney : I hate it.
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Judge Carolyn Walker : [Nodded] Who's the judge?
A.D.A. Tommy Mullaney : Uh, Arthur Bryson.
[Judge Walker sits next to Tommy and talk]
Judge Carolyn Walker : You're not going to be too crazy about this either.
A.D.A. Tommy Mullaney : Why?
Judge Carolyn Walker : Remember what I told you I live with the man for a couple of years?
A.D.A. Tommy Mullaney : Mm-hmm.
Judge Carolyn Walker : Well, that man was Arthur Bryson.
A.D.A. Tommy Mullaney : Does he know about us?
Judge Carolyn Walker : Tommy, we've been seen each other for 3 months, uh, the courthouse parking attendant knows about us.
A.D.A. Tommy Mullaney : Or should I ask him to recuse himself?
Judge Carolyn Walker : Well, see how it goes, I really don't think it's necessary the relationships been over for a while and we're very cordial one another and... as a rule, Arthur's pretty fair-minded.
A.D.A. Tommy Mullaney : Who else have you slept with around this courthouse?
Judge Carolyn Walker : I don't think you really wanna know the answer to that, do you?
A.D.A. Tommy Mullaney : Ho-ho. You slut.
Judge Carolyn Walker : You slut, Your Honor.
A.D.A. Tommy Mullaney : Forgive me.
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A.D.A. Tommy Mullaney : Mr. Dorsett, on or around March 10, 1994, did you have a conversation with the defendant John Rosten regarding the copper pipe?
Hortense Krieger : Objection. Calls for hearsay.
A.D.A. Tommy Mullaney : Admission against interest.
Judge Arthur Bryson : Overrule. The witness will answer.
Albert Dorsett : I told John that Myatt brothers were planning on stealing a load of copper pipe from Stroh Snider's building supply. I also told him that if he held it in his yard until a buyer was found, could make himself 500 bucks.
A.D.A. Tommy Mullaney : What was his response?
Albert Dorsett : Said it was OK.
A.D.A. Tommy Mullaney : Did you actually see the pipe after it was stolen in Mr. Rosten's possession?
Albert Dorsett : Yes, I did. I saw it in his garage.
A.D.A. Tommy Mullaney : I have no further questions.
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Hortense Krieger : Mr. Dorsett, when you asked Mr. Rosten to hold on to the copper piping, you made no mention of the fact that it was stolen, isn't that true?
Albert Dorsett : Uh, no, that's not true.
Hortense Krieger : Do you have any reason to lie here today, sir?
Albert Dorsett : No.
Hortense Krieger : Isn't it true that at the time of your arrest, you offered to testify against Mr. Rosten and the Myatt brothers in return for leniency?
Albert Dorsett : I offered to tell the truth.
Hortense Krieger : What, if anything, did the district attorney's office offer you in exchange for testifying?
Albert Dorsett : They would charge me with a misdemeanor.
Hortense Krieger : Are you familiar with California's three-strikes law?
A.D.A. Tommy Mullaney : Objection. Sidebar, Your Honor.
Judge Arthur Bryson : Approach.
[A.D.A. Tommy Mullaney and Hortense Krieger approached the sidebar of Judge Arthur Bryson]
A.D.A. Tommy Mullaney : Your Honor, the three-strikes law is irrelevant. We all know that the jury is not supposed to consider punishment when deciding guilt or innocence. Ms. Krieger is only making reference to get sympathy for her client.
Hortense Krieger : Your Honor, this law is entirely relevant. It goes to impeach Mr. Mullaney's star witness, who was facing his third strike when he cut his deal with the DA.
Judge Arthur Bryson : That true?
A.D.A. Tommy Mullaney : Yes.
Judge Arthur Bryson : It goes to the credibility of the witness. The objection is overruled. Stand back.
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Hortense Krieger : Mr. Dorsett, at the time of your arrest, you had two felony convictions, one for burglary and one for armed robbery, correct?
Albert Dorsett : Yeah, that's correct.
Hortense Krieger : Are you aware of the fact that had you been charged with a third felony, you'd be facing a mandatory sentence of 25 to life?
Albert Dorsett : Yes.
Hortense Krieger : Would it be fair to say then that you were extremely anxious to reduce your charge to a misdemeanor and willing to turn on people that you'd known most of your life?
Albert Dorsett : Oh, like they wouldn't do it to me?
John Rosten : I wouldn't do it to you, Albert.
Judge Arthur Bryson : That's enough, Mr. Rosten.
Hortense Krieger : What sentence did you receive as a result of your deal?
Albert Dorsett : I got 3 years probation.
Hortense Krieger : I have nothing further.
Judge Arthur Bryson : Witness may step down.
[Albert Dorsett is finished and steps down]
Judge Arthur Bryson : This court is adjourned for lunch until 2:00 PM.
[Mr. Mullaney looks at the time to leave. Pull over by John Rosten]
John Rosten : Mr. Mullaney, would you please give me 5 minutes in the room so I can explain to you how this all happened?
A.D.A. Tommy Mullaney : Ms. Krieger, would you please advise your client that this constitutes an inappropriate communication?
John Rosten : [But John begs] I just want to see who I am. I'm not the type of person you should be doing this to.
Hortense Krieger : All right, come on, John.
Bailiff : Sir.
John Rosten : Mr. Mullaney, please, 5 minutes. That's all I ask.
[But the court officer instructed John Rosten to do so. An officer takes the defendant back into custody and now leaves. Mr. Mullaney and Ms. Krieger are going take a break for lunch]
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Judge Carolyn Walker : So what's the problem?
A.D.A. Tommy Mullaney : There's no problem. It's just I'm not sure the for the weekend go away.
Judge Carolyn Walker : I need I get to it.
A.D.A. Tommy Mullaney : So what's out there exactly?
Judge Carolyn Walker : What do you need a big surround you ever been in sewer hole?
Maitre D' : Oh, clearing table right now, judge.
Judge Carolyn Walker : Thanks, Rudy.
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A.D.A. Tommy Mullaney : It's far, isn't it?
Judge Carolyn Walker : That only takes 2 hours together.
A.D.A. Tommy Mullaney : You don't think it would be more relaxing to just stay in bed salt?
Judge Carolyn Walker : No, I don't.
A.D.A. Tommy Mullaney : All right.
Judge Carolyn Walker : [laughing] Look, I have a suite reserved, the hot tub and a fireplace. Plus massage is scheduled for both days. I think we should take advantage of it, don't you?
Judge Arthur Bryson : I heartily concur.
[Judge Carolyn Walker turned behind her is Judge Arthur Bryson]
Judge Carolyn Walker : Hi, Arthur.
Judge Arthur Bryson : Hi, Carolyn.
A.D.A. Tommy Mullaney : Judge Bryson.
[Tommy shaking hands with Judge Bryson]
Judge Arthur Bryson : Counselor.
Judge Carolyn Walker : Arthur.
Judge Culbert : Hi, Carolyn.
A.D.A. Tommy Mullaney : Good to meet you, Tommy Mullaney.
Judge Culbert : Judge Culbert, it's a pleasure.
Judge Arthur Bryson : What's it look like?
Maitre D' : Give me 5 minutes.
Judge Culbert : I'll see you at 2:00.
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Hortense Krieger : Mr. Rosten, how did you come to have $6,000 worth of stolen copper pipe in your garage?
John Rosten : He said he bought the pipe for a plumbing job and needed some place the story.
Hortense Krieger : Is it your testimony that he made no mention of the fact that the pipe was stolen?
John Rosten : Yes.
Hortense Krieger : Following your arrest, did you sign this confession stating that you did have knowledge that the pipe was stolen?
John Rosten : Yes.
Hortense Krieger : Why did you sign it if it wasn't true?
John Rosten : Because the cops told me they had me dead to rights, but that they could go easy on me if I was cooperative.
Hortense Krieger : Have you ever been convicted of a felony before this?
A.D.A. Tommy Mullaney : Sidebar, Your Honor.
Judge Arthur Bryson : Approach.
[A.D.A. Tommy Mullaney and Hortense Krieger approached the sidebar of Judge Bryson]
A.D.A. Tommy Mullaney : Counsel's China's slip into these face and strike three, Your Honor. I believe that to be both irrelevant and prejudicial.
Hortense Krieger : The fact that he was facing his third strike, meant that he is only chance of winning fee was having to reduce to a misdemeanor. That's what the cops promised him. That's what they liked him about.
A.D.A. Tommy Mullaney : I've been advised it that no promises were made.
Judge Arthur Bryson : Counsel, whether or not your client was misled. There's no evidence that the confession was coerced. As such I find testimony as to these so-called three strikes law or the type of sentence Mr. Rosten is likely to receive a found guilty to be prejudicial rather than probative. You to make no mention either one. Stand back.
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Hortense Krieger : Mr. Rosten, how long has it been since you were convicted of a crime?
John Rosten : More than 15 years.
Hortense Krieger : You gainfully employed?
John Rosten : Yes. I've been working at a hardware store for the past 12 years.
Hortense Krieger : Do you permitted to operate the register, handle cash?
John Rosten : Yes.
Hortense Krieger : You ever been accuse of stealing anything while you're working there?
A.D.A. Tommy Mullaney : Objection.
Judge Arthur Bryson : Sustained.
Hortense Krieger : Okay. I have nothing further.
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A.D.A. Tommy Mullaney : According to police records, you and Albert Dorsett were arrested for burglary together back in 1975?
Hortense Krieger : Objection, half-bad answer inadmissible. I moved for an immediate mistrial.
A.D.A. Tommy Mullaney : Defense counsel brought up his record on direction from the door.
Judge Arthur Bryson : So she did. The objections overruled.
A.D.A. Tommy Mullaney : Is your testimony that knowing Mr. Dorsett's history, you had no suspicion, no in clinking at all that the copper pipe he was asking you to look after was stolen?
John Rosten : I didn't think about it.
A.D.A. Tommy Mullaney : Were you lying when you confessed to the police?
John Rosten : Yes, they told me I was the only way they could knock it down to a misdemeanor.
A.D.A. Tommy Mullaney : Wouldn't you agree that you have a far greater incentive to lie today than you did on the day you were arrested?
John Rosten : I don't deserve to get life imprisonment over this, sir!
A.D.A. Tommy Mullaney : Move to strike.
John Rosten : I got 2 children!
Judge Arthur Bryson : Mr. Rosten.
John Rosten : A girl who's 7 and a boy who's 9!
Judge Arthur Bryson : Mr. Rosten, that's enough. The jury's instructed to disregard the defendant's outburst. Mr. Mullaney?
A.D.A. Tommy Mullaney : No more questions.
[A.D.A. Mullaney is done]
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Hortense Krieger : In a reasonable person, look at the prosecution's evidence and not has doubts as to Mr. Rosten's guilt. I think a reasonable person could have strong doubts, Mr. Rosten was in custody for 5 hours before he confessed. He was scared. And the police we're telling him over and over again, that he was as good as convicted, and that it was to his advantage to confess, and he believed them. The only other evidence comes from a man with two violent felony convictions, who under the three strikes law is looking at a possible life sentence if convicted. A man who would do or say anything to get out of that. Thanks to the DA, that man is a free man. While the defendant, a man who has led an exemplary life for more than 15 years, a man who also has two felony convictions, but stop being a criminal long ago is sitting here facing life imprisonment.
A.D.A. Tommy Mullaney : Objection, move to strike.
Judge Arthur Bryson : Objection is sustained. Defense Counsel's last remark is stricken. The jury instructed to disregard. Ms. Krieger, you are treading dangerously close to a mistrial.
[Ms. Krieger will be careful and continue the closing. Ms. Krieger comforts John Rosten]
Hortense Krieger : John Rosten says he did not know the pipe was stolen. I ask you as reasonable men and women to give him the benefit of the doubt.
A.D.A. Tommy Mullaney : All I ask is that you look at the facts. $6,000 of stolen pipe was found in Mr. Rosten's yard. By Mr. Rosten's own testimony, the man who last in the store the pipe Albert Dorsett had been his partner in crime, Mr. Rosten knew Dorsett was a thief, not a plumber. He knew the pipe was stolen, he admitted so himself.
[Mr. Mullaney look up the writing in paper]
A.D.A. Tommy Mullaney : In writing. Now that's something innocent people don't usually do, and despite Ms. Krieger's suggestion, there's no evidence of any kind that Mr. Rosten's confession was coerced. As jurors, your job is not to consider what penalty lies ahead for Mr. Rosten if he's convicted. My job is to present you with those facts which I believe prove John Rosten's guilt. Your job is to examine those facts and make a decision. I'm confident that having done so, you will find John Rosten guilty.
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A.D.A. Tommy Mullaney : Oh, oh.
Judge Carolyn Walker : Be careful.
[A.D.A. Tommy Mullaney and Judge Carolyn Walker packing their bags]
A.D.A. Tommy Mullaney : So what kind of massage did you schedule?
Judge Carolyn Walker : Basics she has to.
A.D.A. Tommy Mullaney : Which is what?
Judge Carolyn Walker : You never had her ask her to massage.
A.D.A. Tommy Mullaney : I've never had any massage.
Judge Carolyn Walker : You're kidding.
A.D.A. Tommy Mullaney : Well, not everybody has massages, Carolyn.
Judge Carolyn Walker : [sighs] Stood it and stood through it tough, aren't you?
A.D.A. Tommy Mullaney : Oh, yeah.
Judge Carolyn Walker : Yeah, good.
[Ringing the doorbell]
Judge Carolyn Walker : I can't believe never have massage.
[Turn on the light is Judge Arthur Bryson]
Judge Carolyn Walker : Arthur? Hey, Arthur.
Judge Arthur Bryson : I want to talk to you.
Judge Carolyn Walker : Okay.
Judge Arthur Bryson : I want to go somewhere else. I don't want to talk here.
Judge Carolyn Walker : It was really isn't a good time, whatever it is, can we talk about it tomorrow?
Judge Arthur Bryson : No, I don't want to talk tomorrow. I want to talk right now.
A.D.A. Tommy Mullaney : Uh, why don't I step out for a minute, huh?
Judge Carolyn Walker : No. We'll talk tomorrow.
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Judge Arthur Bryson : Everyday for the past week, this son of a bitch has been standing in my courtroom. I have had to look at him, I have had to listen to him. Up until today, I can handle it. I think Mr. Mullaney will bear me out when I say that I think I've been fair my rulings, and judicial, and my temperament. When however I heard, you're going way too big surrogate together for the weekend, something in me just... gave out.
Judge Carolyn Walker : Arthur, pull yourself together and go home. If you don't do that, I'm gonna have to call the police.
Judge Arthur Bryson : Oh, is he capable of throwing me out?
A.D.A. Tommy Mullaney : Why are you challenging me, sir?
Judge Arthur Bryson : Yes, sir! Right here and now, I'm challenging you. I - I want you to demonstrate how much you're willing to risk for this late.
Judge Carolyn Walker : Stop it.
A.D.A. Tommy Mullaney : Carolyn. Look, why don't we go outside and talk this...
Judge Arthur Bryson : Take your hand off me! You have no idea how much I love you.
A.D.A. Tommy Mullaney : I think it's time to leave, Your Honor.
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Judge Carolyn Walker : You pack?
A.D.A. Tommy Mullaney : Yeah.
Judge Carolyn Walker : Are you miserable?
A.D.A. Tommy Mullaney : Your friend the judge came over here last night. I thought he was kind of a sad guy. You didn't look sad today.
Judge Carolyn Walker : You admire him for what he did?
A.D.A. Tommy Mullaney : Yeah.
[Tommy stop smoking]
Judge Carolyn Walker : Place his own gratification over the doing of his job, I find that contemptible.
A.D.A. Tommy Mullaney : His job is to administer justice.
Judge Carolyn Walker : His job was to administer the law. "Three strikes, You're out" is the law.
A.D.A. Tommy Mullaney : It just stinking law.
Judge Carolyn Walker : I happened to disagree with you, but even if I didn't. He did today what he did last night, he took over, he anointed himself King.
A.D.A. Tommy Mullaney : All I can say is that I wish I had had the courage act on my convictions to the extend he did. I wish I had had courage to anoint myself King.
Judge Carolyn Walker : Well, I'll tell you what, more away this weekend? I'll let you protect.
[Tommy would like that]