Transcripts from 259-263 episodes

Great Thanks to Clarisse McClellan!

The family council
Mason, CC and Sophia sit at Mason's table. They talk about Ted's trial. Steve Bassett approaches them.

Mason: Oh, here comes the missing link.
Steve: Excuse me. My sister left her purse.
Sophia: Oh, we're going back to the table, Mason. Are you coming?
Mason: I think that the pre-trial exhibition is over.

CC and Sophia leave.

Steve: Next time I demolish you, Mason, it'll be in court. We should be into jury selection tomorrow. Unless you... bug us down with useless preliminary motions.
Mason: Only one... to dismiss the indictment.
Steve: Well, that'll gain you about two minutes delay before the judge throws it out. However... I don't expect much difficulty getting a motion banning against you.
Mason: Oh... and what motion is that? May I ask?
Steve: A protective order. To enjoin you from harassing Mary.

Mason laughs.

Mason: Me? Harassing Mary?
Steve: For following her around and moling her the way you did it awhile ago.
Mason: I am the one who will be getting a protective order, Bassett. To keep your sister from making improper advances to me.
Steve: Give me a break!
Mason: Don't pretend you didn't put her up to it and get her to come onto me so that you could learn my defence secrets.
Steve (smirks): Try another one, will you, Capwell? It'd be tough making them buy a nun as a seductress...
Mason: Oh, hm. You haven't heard, have you? I guess a stepbrother is always the last to know.
Steve: Know what?
Mason (laughs): - I'd love to see that granite jaw of yours drop, Steve... But I think I'll let Mary be the one who tell you. Now I hate to cut this short but I have other fish to fry. Excuse me.

Mason's Call
Mary's alone in her room, her cross in her hands. She contemplates something.

Mary (talking to herself): I know I made the right decision. So why am I so scared?

Her phone rings. It's Mason.

Mary: Hello.
Mason: Mary?
Mary: Ahm... Who... Who's this?
Mason: It's Mason. Don't... Don't hang up. Please, I am... I'm calling to apologise... But thank you. I aaa... I just wanted to tell you that your brother had a right to throw a punch at me. I was behaving very badly toward you. Not only on the dance floor but all time. I aaa... I forced my company on you and then I was insensitive to your feelings. You just cut your ties with the place that's been your home for several years, giving up the entire way of life. All I could do was badger your and make fun of you. Acted like a total clod and I am thoroughly ashamed of myself for it. My only defence is that I am wound up because of this trial. A lot... A lot of people are counting on me. Why... I won't get into all that. Are you still... are you still there?

Mary doesn't reply.

Mason: M... Mary?..
Mary: Mghugh...
Mason: Good. Aghm... What... what I... what I really wanna say most of all, Mary, is that I'm... I know you must be kind of scared now. Anyone would be... Even someone as strong as you are. And you are strong, Mary. Even though you may not feel like it right now... Loyal, and loving, and I don't think Christie could have a better friend. She needs you now. I know that's one reason you left the convent. I aaa... I can't tell you how much I admire you, Mary. Ghm... Well, I've... I've taken up too much of your time. Thanks for listening, not hanging up on me. Night, Mary.

Mary's Dream
Mary is sleeping on her couch. In her dream she hears Mason's voice.

Mason: Here it is, Miss Duval. The Good Book as it is sometimes called. You are familiar with this book, are you not? You of all people...

Mary sees Mason dressed in white holding the Bible in front of her.

Mary: It's the Bible.
Mason: Very good. Very good. I see you haven't forgotten everything since you left the Order. Now, if you would be so good as to place your left hand upon this sacred tome. Raise your right as you repeat after me: "I swear to tell the truth. The whole truth. And nothing but the truth."

Mary follows Mason's orders.

Mary: The whole truth. And nothing but the truth. So help me God.
Mason: Sing Hallelujah. Brothers and sisters, Sister Mary is trying to tell us that she knows how to play this game we are playing. The game of Truth. (the last word echoes) And the stakes are high, aren't they, brothers and sisters? The stakes are very high, but Mary understands that. Don't you, Mary? Isn't that why you are here?
Mary: I'm here to testify on behalf of my sister. I'm here for Christie.
Mason: For Christie or against Ted Capwell? The Truth (the word "Truth" echoes again) , Mary. (Mary hears a loud thump.)
Mary: My sister was attacked. She was savagely abused and the person who did it cannot go unpunished.
Mason: And the savage attack must be counterattacked. An eye for an eye and a tooth for a tooth. Brothers and sisters, we have before us a woman whose hatred for the accused goes far beyond any hatred that the victim herself might have.
Mary: Stop it! I am not the one on trial here!
Mason: We're all on trial here, my child. Every day of our lives. And you agreed to tell the Truth (the word echoes again) . You swore (the last word echoes) .
Mary: I'm leaving.
Mason: Sit down, Miss Duval. Apparently I'm not asking the right questions. Do we still have a deal about the Truth (echoes) ?

Mary affirmatively nods her head in response.

Mason: Good. Good. Now I want you to be very honest with me. About one very important thing.

Mason touches Mary's neck and pulls her towards him.

Mason (in a softer voice): - How do you feel about me?
Mary: Let go of me.
Mason: The Truth, Mary! But don't you dare to tell the truth about that. About how you wanted me.

Mason is about to kiss her lips, but then kisses her neck instead.

Mary: No... no... stop...

The trial's beginning
Mason is in the courtroom. He thinks about Mary and their last dinner. He's seeing flashbacks.

Mason: This isn't your bedroom mirror. People don't dance alone in restaurants... not this kind of restaurant anyway.
Mary (shrugs her shoulders): - Another rule broken.

Mason laughs.

Mason: I like you when you're breaking rules.

Mason is back to reality.

Mason: Still the key to this whole thing. Got to see her.

Mary, Steve, Christie are in the Courthouse. Steve wanted to talk to Mary in private. Having had their conversation they are in the corridor.

Steve: Mary. I have a few calls to make. You go talk to Christie. I'll be right back.
Mary: All right.

Mary wants to go to Christie but suddenly she is approached by Mason.

Mason: Hello, Mary!
Mary: Hello!

Mary tries to get past Mason, but he doesn't let her.

Mary: Oh... Excuse me. I... I... Can I get by?
Mason: Oh, why? We're still on recess.
Mary: Well, I know but I left Christie in there alone and then I told her I'd be right back.
Mason: Christie will be fine. She's probably glad to have a moment alone to catch her breath.
Mary: I doubt it. But I don't expect you to enter into Christie's feelings.
Mason: Well, give me a little credit, Mary. Just because I'm defending somebody you think is guilty, doesn't mean I don't have any compassion.
Mary: Fine. I don't wanna argue with you. I don't think I should be talking to you.
Mason: Why not?
Mary: Well, don't they have aaa... rules about witnesses talking to opposing counselor.
Mason: As long as we are not talking about the case, everything else is fair game. So tell me... How do you feel about your decision in the clear light of day? And... any second thoughts about... What was it they used to call it? "Going over the wall"?
Mary: I think convent walls were a little higher in the old days.
Mason (smiles): - It doesn't answer my question. Are you having any second thoughts?
Mary: Well, if I were I would hardly confide them to you. But no, no, I am very confident about my decision.
Mason: How about your family? Are they supporting you?
Mary: Oh, they are... they need a little time to get used to it.
Mason: Ohhh... they're not supporting you. They were shocked, hah?
Mary: That isn't what I said.
Mason: I ammm... I expected that Christie would take it the hardest. She is at that age when she expects her elders be perfect and unchangeable. Did she treat you like a fallen idol when you told her?
Mary: Oh, she'll deal with it... when she's had time to think about it. And she's had other things on her mind.
Mason: Well, just remember that you are the only one that counts in this case. The only person that has to come to terms with this decision is you. As long as you have no doubts, that's all that matters.
Mary: I have... no doubts.
Mason (nods his head): Good. So what are you gonna do next? Have you thought what job you're going to get?
Mary: Oh, I have... a lot of options. I am a... I am trained as a nurse and I have a background in sociology, psychology... I don't... I'm not gonna do just anything until the trial is over.
Mason: And then who knows? Even, you might find a nice man with a good job, you won't have to work at all. Just settle down... buy a house... raise some kids.
Mary: Yeah. Who knows... I am... I might even do that.

Recess at the Courthouse. Mason and Cruz discuss Ted's case. During their conversation Mason refers to Mary as "The best shot is sitting right over there. Just a matter of finding a key to get through to her."

The camera then moves onto Mary, who is seating nearby reading a book. Mason makes a phone call, then approaches her.

Mason: Good book?

He takes a book from Mary's hands and leafs through it.

Mary: It was until you lost my place.
Mason: You didn't come here to read, Mary.
Mary: I didn't?
Mason: No. You came here to talk to me.
Mary (stands up): Ple-ea-ase...
Mason: You could've gone home during the recess with your sister but you didn't. You stayed because you're having some doubts. Something's troubling you about Christie and about yourself. It's driving you crazy, so why don't you just tell me about it?

Mary: ...assumptions?
Mason: If you didn't wanna see me why didn't you go home during the recess? Why didn't you go back to your nice air-conditioned apartment with Christie?
Mary: May be I thought Christie needed to be alone. May be... aaa... not everybody finds you as fascinating as you do?
Mason: Is the idea to let me badger you into admitting the obvious? Because it's written all over your face, Mary. Your conviction is slipping. You're not sure who's innocent and who's not anymore.
Mary: I believe in my sister!
Mason: Let me give you a profile of a typical rape offender, Mary.
Mary (agitated): Oh, don't lecture me on psychology! OK?! I've said it myself: they come from broken homes, they have neglectful, sometimes abusive parents. Well, so do I! So does Steve! So what?! So anyone can commit rape. It doesn't take some special upbringing.
Mason: I'm talking about the kind of violent attack that happened to Christie. "Anger rapes" we call them, when the beating, the punishment seems to be the main intent, the sex almost secondary. In fact most of these men have other sexual outlets: wives, girlfriends, what have you. I have yet to hear of a rapist who was a virgin like Ted. That's right. Not with Laken, not with anyone, even when it was offered. Tact prevents me from mentioning who offered it...
Mary: Look, if you think by insulting my sister...
Mason: It's not the only difference, Mary. These men have histories of violence, consorting with prostitutes, harassing other women until they zero win on the victim. Granted, these profiles may be general simplifications, but don't you think that somebody who knew Ted would have noticed something amiss? Christie was brutally raped. There's no question about that. Then may be she blotted out the entire inc... incident. May be she knows who did it but she's terrified to say. Terrified enough to let an innocent boy go to prison. But if that's the case, Mary, then God help her. 'Cause that means that a man with a profile like the one you just heard is still out there... Watching her... She listens to you. She trusts you. If anybody can find out what she is not telling us, you can, Mary. So why don't you swallow your pride and do it?
Mary: If I wanted to, Mason, I wouldn't know how. I mean what am I gonna say? "Christie, are you lying?"
Mason: I thought you believed in her.
Mary: Wait a minute. I thought you didn't.
Mason: No. Mary, if you'd come down a moral peg or two you might realise that she's not gonna tell you the truth if she thinks the lie she told to begin with is going to win your undying disapproval.
Mary: She knows me better than that.
Mason: Does she? How much has she told you about her life since she left home?
Mary: A... some... a... ph... a lot... She's... written. She... She called.
Mason: Mghuh. Did she tell you that she's been picked up twice for soliciting? (Mary looks shocked.) She got off, but she was picked up.
Mary: If you are telling me this about my sister because you are thinking...
Mason: Mary, I'm telling you this because it's true. Now I don't think any less of her for it, why should you?
Mary: I don't. Because I don't believe it.
Mason: Mary... Mary, are you gonna... insist on being protective from the real world... from real people? Even though you now suspect you might be one yourself? Well, I guess you can take the nun out of the convent, you can't take the convent...
Mary (angrily): Oh, stop it!!!
Mason: Just forget it, Mary...

Mason turns around and wants to walk away.

Mary: Mason. Wait! What else?
Mason (shows her the contents of his file): These are... this pawn ticket. She hocked two of the Lockridges' candle sticks. She brought them back eventually. She also stole a locket, but she brought that back too. This is an application to a massage parlour, evil repute. They turned her down. She was underage at the time. These are depositions from six of her man-friends in four different states. All of them saying
approximately the same thing that she was "a modern willing partner".
Mary: Are you going to use all these?
Mason: Not unless I have to. You're shocked?
Mary: Yes. That I... That I didn't know. That she obviously didn't want me to know.
Mason: But then do you think you might have the inner way to change all that? To stop being Good Sister Mary and start being a real sister to Christie.
Mary: The trial starts today.
Mason: Well, they'll be keep... keeping the witnesses in the conference room outside of the courtroom until you're called in. You could... talk to her in there, if you think it's important enough.
Mary: Am I going to be a witness?
Mason: Yes. If the DA doesn't call you I will.
Mary: Why? What will you ask me?
Mason: I don't know yet. But... I have to do what I can for Ted, so... don't take that personally. Do you understand that?
Mary: Yes.
Mason: The way I think of you, what I think about you as a person... that's not going to change no matter what happens in there. Will you remember that?
Mary: Yes.

Mary's examination
Courtroom. Mary comes to the witness stand.

Courtroom attendant: You swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God.
Mary: I do.
Courtroom attendant: Please be seated.

Prosecution Counselor: Miss Duval, you are Christie Duval's sister, is that true?
Mary: Yes, I am.
Counselor: And you're a licensed nurse in Ventura?
Mary: Yes.
Counselor: Is that right?
Mary: Yes.
Counselor: Miss Duval, would you tell the court please how you and Jade Perkins found your sister on the morning of July18th.
Mary: I went to the beach snack bar to... aaa... to find Christie. I've... heard that she left her job at the Capwells' and thought Jade might know where she was. Oh... I saw my sister first... She was lying behind the bar... a... juke-box and there were boxes and chairs hiding her.
Counselor: Would you... describe please her condition when you found her.
Mason: Objection. Witness is only a nurse. Expert medical testimony has already been offered.
Counselor: Your Honour, witness was the first to examine Miss Duval.
Judge: Overruled.
Mason: Your Honour, Counselor is only trying to wring an emotional response from the witness.
Judge: Overruled. Witness may answer the question.
Mary: She was unconscious, in shock. A... there was evidence of concussion from a severe blow to her head. She had this one... (points to her forehead) large gush on her forehead and a... along with the... other cuts on her face... And her... She had... bruises... around her... her eyes... and her a... mouth where she'd been...
Counselor: Miss Duval, we can't... we can't hear you.
Mary (speaks up): Where she'd been beaten. Her... arms and her shoulders were bruised and... the most severe contusions were... on her lower body.
Counselor: Miss Duval, were you present at the hospital when your sister regained consciousness?
Mary: Yes, I was.
Counselor: What were her first words?
Mary: She named... a... Ted... just his first name, over and over, even before she came through...
Counselor: And after that?
Mary: Well, Inspector Castillo was there and he asked her who'd done this to her.
Counselor: And did she name anyone?
Mary: Yes. She said it was Ted.
Counselor: Thank you, Miss Duval. Now you... may have questions...
Judge: Mr Capwell.
Mason: Miss Duval, you were until recently a nun in the Catholic Church in the Order of Saint...
Counselor: Oh! Objection! Entirely irrelevant.
Mason: Your Honour, if I may, the... a... witness's decision to leave the Church has a significant bearing on the case.
Judge: You'd better be right, Mr Capwell. This entire question may be stricken from the record. Jury, take notice.
Mason: Thank you, Your Honour. Mary, could you describe to us briefly why you left the Order.
Mary: I decided that I had been impulsive. That my reasons for going into the convent were not entirely religious.
Mason: I see. And did certain factors relating to this case influence you in that decision?
Mary: In a way.
Mason: What factors?
Mary: I found that I was feeling an... an intense resentment toward the defendant. And it wasn't compatible with my religious teachings.
Mason: Intense enough to be called hatred?
Mary: Yes.
Mason: And was this also an impulsive feeling?
Mary: I... I don't know what you mean...
Mason: I mean, wasn't it not only incompatible with your religion but incompatible with the evidence at hand as well?
Mary: No! I believed my sister.
Mason: Mary, has... a... your sister ever lied to you or withheld information that might adversely affect you opinion of her?
Counselor: Objection! Off base, irrelevant, inviting speculation.
Mason: To your knowledge...
Judge: Overruled. But you're on a shaky ground, Mr Capwell.
Mason: Thank you. Has she?
Mary: Yes.
Mason: How often? More than once or twice?
Mary: Yes.
Mason: I see. Then isn't it possible she may have lied to you about who raped her?
Counselor: Objection! Mr Capwell's question calls for speculation and is deliberately inflammatory.
Judge: Sustained. Please proceed, Mr Capwell.
Mason: Thank you, Your Honour. Now, weren't you impulsive on another occasion, Mary? In the hospital you overheard Christie repeating the defendant's name over and over. Then a short time later when she regained consciousness she named Ted Capwell. You recall what was said in between?
Mary: Yes. Inspector Castillo asked her who had done it.
Mason: A-ha. And did she answer him?
Mary: Ahm... No, not right away.
Mason: Well, who spoke first?
Mary: I think I did. I think I asked her again.
Mason: Did you, Mary? Or did you ask her something different? In fact after Christie regained consciousness wasn't it you and not Christie who named Ted Capwell?
Mary: No. I just asked her a question.
Mason: But you didn't ask her "who"? Mary, were not your exact words: "Was it Ted Capwell?"
Mary (pensively): I remember now. Yes, that's what I said.
Counselor: Now, wait a minute!
Mason: And didn't Inspector Castillo...

Judge bangs with his hammer in order to reinstall silence.

Mason: ...didn't Inspector Castillo admonish you at the time for that?

Mary nods her head.

Mason: You recall what he said?
Mary: Yeah, he said I was putting words in her mouth.
Mason: Thank you. No further questions.

The audiotape
Mary is alone in her apartment. She's just been brought a package.

Mary (to the messenger): Thank you! (Then reads a note) Mary, for your ears only. Illegally recorded by yours truly because you weren't there to hear it live. I hope it will help you forgive me for budging you on the stand. Mason.

Mary opens a package. There is a tape inside. She plays the tape in her tape-recorder.

Mason's voice: Your Honour, Ladies and Gentlemen of the Jury, my remarks will be brief. You've heard the charge read. You've heard an outline of the people's case against the accused Ted Capwell.

Someone knocks on Mary's door. She hears Steve's voice calling her name. Mary pauses the record and rushes to the door.

Mary: Oh, Steve, a... Christie and mom aren't here. I don't know where they went.
Steve: May I come in or... or you're avoiding me?
Mary: Of course, I'm not. Common in.

Steve enters the room.

Mary: Although after today in court I didn't think you'd wanna see me.
Steve: Mason got to you. That's water over the dam.
Mary: He didn't get to me. He just asked me certain questions in a certain way that made me sound like... Look, did... did I damage the case?
Steve: Not beyond repair. We still have Christie taking the stand tomorrow. I'm glad she wasn't in court though... to hear you say you doubted her word.
Mary (indignantly): I didn't say that!
Steve: But you didn't sound too sure.
Mary: Look! What was I supposed to do? He was asking the questions and... Look, I admit there are certain aspects of this case that I don't understand but I don't think Christie's lying.
Steve: What don't you understand?
Mary: Well, for instance, the police have these personality profiles they do on rapists. And I know they are not infallible, Steve, but Ted Capwell just doesn't seem to fit.
Steve: Those profiles can be very deceiving. Most people live double lives, don't you think? Inner... and outer lives?..
Mary: Huh... I suppose so...
Steve: Those profiles are about a person inside. You only know Ted Capwell from the outside. For example, did you know that Ted had an affair with one of his high-school teachers?
Mary: No...
Steve: You'll hear it in court tomorrow. Of course, it can't be proven but... they were both reprimanded and there was talk of suspending the teacher. On one occasion, she and Ted were even arrested and brought in with a group of prostitutes.
Mary: I had no idea.
Steve: I've got all the documentation next door if you wanna see it. Listen, tell Christie that I wanna see her, when she gets back, OK?
Mary: Yeah.

Steve leaves. Mary looks confused and annoyed. She switches on the recorder and plays the tape further.

Mason's voice on the tape: ... is to some degree on all of your minds. Ted Capwell is my brother. But he is a better man than I am. He is not only innocent of this crime, he's innocent entirely of any malice or guile whatsoever.

Mary (hits the stop button in anger): Liar!!!

* * *

Mason is talking to Cruz. Mary approaches them.

Mary: Mason!
Mason: Would you excuse me for a moment, Cruz?
Cruz: Certainly.
Mary (gives Mason back his tape): You can have this back now.
Mason: Did you listen to the tape?
Mary: Yes, I listened to some of it, I am ashamed to say. And I want you to know I'm more than ever convinced of Ted's guilt.
Mason: I don't believe you. I can tell by the look on your face that it had some effect on you.
Mary: No. The only thing that tape told me is you have a real gift for bending the truth to your own purposes. I suspected that already.
Mason: We all bend the truth, Mary. Otherwise we'd be constantly at war.
Mary: No. We don't all bend the truth. To some people Truth is sacred. Did you think that I would be persuaded to change my mind and then influence Christie on the basis of that tape? I mean, is that what you had in mind?
Mason: It occurred to me. Yes.
Mary: Oh, well, you're out of luck, Mason. 'Cause no one is gonna fight you harder than I am. And I hope that jury in there, and the people of Santa Barbara can see through the lies that you and your brother are telling.
Mason: You know, Mary, you are smug, hypocritical and close-minded. That's the worst combination I can think of.
Mary: I'm going to hope that my testimony yesterday didn't hurt Christie's case. In fact I am gonna pray about it.

Mary leaves.

* * *

Courtroom. Mary approaches Mason.

Mary: I wanna talk to you.
Mason: Well, sure. You needn't sound so peremptory about it though.
Mary: I saw what you were trying to do to Christie. You thought once you got her on the stand you could trick her. Well, it didn't work, did it? Because she was telling the truth.
Mason: Apparently you didn't see the same thing I did.
Mary: Oh, what was that?
Mason: She was getting pretty shaky there toward the end. If I've been able to keep her there a little bit longer, may be we would have gotten at the truth. It's a shame things had happened the way they did.
Mary: A man had a heart attack and you're upset because it interfered with your cross examination?
Mason: I am upset because it interfered with us finding out the truth, Mary. That's what this trial is about. Not railroading the innocent boy. Finding out who's really responsible for what happened to Christie. All right, I'll get another chance at it.
Mary: Another chance to browbeat and frighten her. I should think you'd be ashamed.
Mason: You know I could say the same thing about Christie, but that wouldn't get us anywhere, would it? Look, if you really wanna be useful why don't you go comfort Christie, because she is a very frightened little girl right now. But you be sure and tell her that things will get worse before they get better. We give no quarter in cross-examination. Excuse me.

Mason leaves.


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