Y&R Transcript Friday 5/18/01 -- Canada;  Monday 5/21/01 -- U.S. 

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Judge: Counsel, the witness already invoked his Fifth Amendment rights.

Larry: That had nothing to do with me.

John: Who did it have to do with, Mr. Warton?

Larry: Forget it. I'm not answering that.

John: Did Matt Clark discuss using a laptop computer with you?

Judge: Hold on. Do you intend on answering these questions?

Larry: I'm not talking about Matt Clark or drugs or any apartments in Milwaukee and I'm not talking about the death of some kid. All of that stuff is off-limits.

Judge: I think it's best if you moved on.

John: That's all, Mr. Warton.

Raul: We can be the four musketeers like before. You, me, Mac, Rianna.

Rianna: Hey, look at the man in street clothes.

Mackenzie; Have you seen Raul Gutierrez?

Rianna: You're finally going home. Are you okay?

Raul: I'm a little nervous actually. Hey, Mac.

Mackenzie: Hey. You're nervous? About what?

Olivia: Good, you're all here. You can help.

Billy: With what?

Olivia: Well, your friend is going to learn how to inject himself.

Christine: That's the reason why you're pressing me so hard to come home. You're worried about this client of Paul's.

Lynne: There's nothing going on.

Christine: Yet you called. You're concerned something might happen, aren't you? Lip Lynne you've been gone a long time.

Christine: You're not answering me.

Lynne: You have a week off and willing to come home. I'm saying come back.

Christine: I offered to come home. Paul turned me down.

Lynne: Nicholas is on trial right now. There's a chance they need him.

Christine: If Paul wanted to find time for me, he would.

Lynne: Paul wants you to come home. Did you hear me, Chris?

Christine: I have to go, somebody just came into my office.

Paul: I will tell him, thank you. The phone company got the subpoena and are moving as fast as they can.

Isabela: Hello, there.

Paul: Miss Brogna, what are you doing here?

Isabela: I made a salad and I wanted you to try it first, see if it passes muster.

Paul: I'm waiting for court so dinner's still up in the air but I'm willing to play your food critic.

Isabela: Great. Marissa, you want some?

Marissa: No thanks.

Isabela: What's your verdict?

Paul: Delicious. Is there no end to the lady's talent?

Chantal: I'm sure Christine was delighted when you told her about the resort in Fiji.

Michael: I haven't told her. That was next on my agenda.

Chantal: You wanted to surprise her.

Michael: Timing is everything. I know Christine has not made plans for her time off yet. She's probably talked herself staying in her room all week. But I sense that just about now it should be hitting her how much she needs a break.

Chantal: You're very lucky having a -- she's very lucky, having a partner that knows her so well.

Phyllis: You're right, Chantal, in more ways than one.

Judge: Mr. Richards?

Mr. Richards: There is no testimony to cross-examine.

Judge: You may step down.

Larry: Look, Nick, I'm sorry.

Nicholas: Whatever, man. Thanks for nothing.

John: Your Honor, we may have some more questions for Mr. Warton. Would it be possible for him to remain in the courtroom?

Judge: Officer, show Mr. Warton to the seat next to you. You realize Mr. Warton hears other evidence, he won't be able to testify to anything he hears about.

John: We'll take that risk, Your Honor.

Judge: So be it. What's next?

Brad: You almost finished?

Ashley: I am finished.

Brad: Let me help you with that. Are we still on for dinner with your dad?

Ashley: It's been such a crazy day and I haven't told him about it.

Brad: I know you were thinking about it. I called a caterer and ordered dinner. If you want to do it another time, we can cancel it.

Ashley: Maybe that would be best. I'm still dealing with ramifications of Phyllis moving in with Jack. I want to see Dad in a more relaxed situation; see if there are any more indications of memory problems.

Olivia: It will take some time to learn how to use insulin, Raul. Your diet and amount of physical activity determines how much sugar your body needs to break down.

Billy: How will he know how much is enough?

Olivia: I have given him some guidelines. He knows the low blood sugar and insulin shock.

Mackenzie: Insulin shock? That sounds serious.

Olivia: It is. I can tell Raul is a disciplined guy. He's already learned how to test his blood sugar level. If he does that frequently and tailors his dosage to fit his lifestyle and stays on top of it, he can have a normal, healthy, long life.

John: What you're saying, Dr. Walker, is during the final moments of Jordan Spencer's life, the heartbeats on this EKG printout are not Jordan Spencer's heart.

Reese: That's correct.

John: Did you do a comparison with Matt Clark's EKG records?

Reese: Yes, I did.

John: Are these second set of heartbeats Matt Clark's?

Reese: His heartbeat was affected by the severity of the accident. I can tell you there was another heartbeat recorded before Jordan Spencer died.

John: There is no doubt this is someone else's heart.

Reese: Yes.

John: Someone came in the room, put the leads on his own chest, turned off the ventilator thus causing his death without alerting anyone on the medical staff.

Reese: Quite consistent.

John: Dr. Walker, there must be other scenarios consistent with that EKG readout.

Reese: Other scenarios. Well, I'm not sure what they would be. I suppose it could have happened some other way.

John: The telephone record you brought us shows a call was made from 555-0102 to number 800-555-0189, the remote access number of the Newman computer system.

Reese: Yes, sir.

John: Ma'am, do your records show what if any information was transmitted at the time that phone call was made?

Ma’am: No, it doesn't.

John: Does it show if that call was another modem, maybe somebody dialing another number.

Ma’am: No, it doesn't.

John: You saw Nicholas holding that breathing tube but you didn't see him remove it from Matt Clark's throat.

Officer: That's right.

John: Officer you did not see Mr. Clark put this breathing tube in Mr. Newman's hands?

Officer: No, sir. This theory of -- theory of Mr. Silva's is just that, a theory.

John: Objection, Your Honor.

Larry: Your honor, you have to put me back up on the stand. I have something to say that's very important.

John: Hello there, stranger.

Gina: Do you have any idea how long it's been since I've seen you? I haven't lost my touch.

John: Your cooking is legendary as is your personality.

Gina: John, you sweet-talking devil, you. No wonder I missed you so much.

John: You talked about renovating. What's going on?

Gina: Especially next door is renting.

John: Are you expanding?

Gina: Would you like to hear about my plans?

John: Let's have dinner. And you can tell me all about it. [Cell phone ringing] Hello.

Ashley: I know it's short notice but Brad and I wanted to have you for dinner. Can you make it?

John: I'm just having dinner with Gina.

Ashley: Bring her along.

John: Would you like to go?

Gina: I'd love to.

John: All right. We'll be there shortly.

Gina: Just let me find someone to fill in for me, and we'll be on our way.

Michael: You know, Phyllis, I'm getting tired of you sneaking up on me.

Phyllis: You just didn't get your way. I'm talking about your rendezvous with Chrissy-poo.

Michael: It's a quasi business trip. We will relax a bit, do some business, that's all.

Phyllis: Okay. Sure, Michael. Looks like you're all set up. Look at this. You have everything except massage oil.

Michael: I checked with the resort. They supply their own. So why are you here? I trust everything is going well for you and Jack?

Phyllis: I'd say so. We moved in together.

Michael: That is progress.

Phyllis: I’ve never have been happier.

Michael: It shows. Where are you two lovebirds living? Condo?

Phyllis: Try the Abbott house.

Michael: Not exactly neutral territory.

Phyllis: I'm not intimidated. Jack and I are closer than ever. If my only problem is family opposition, I'll face it head on.

Michael: That's my gal. When can I expect an invitation to dinner at the Abbott's summer residence?

Phyllis: We'll talk about that when you return from your little jaunt. That way I'll know whether to put out one table setting or two. All right. I'm out of here. Have a wonderful time in Fiji. Hey, why don't you send me a postcard if you can, and spend time rubbing suntan lotion on your partner's delicate skin and business.

Judge: Let it be noted the witness waived to his Fifth Amendment rights and is agreeing to more questions.

John: Mr. Warton, I'm not going to ask you why you changed your mind. I'm just going to thank you for doing so. Now let's start back with that apartment in Milwaukee. Do you know who rented that place?

Larry: Yeah. Like you said, Matt Clark and I, we rented it.

John: Why did you rent it?

Larry: It was all part of Clark's plan to frame Nick Newman.

John: To frame him? In what way?

Larry: Make it look like he was dealing drugs.

John: Did you ever see Matt Clark using a laptop computer?

Larry: I never saw it. He told me he used Tricia McNeil's husband's computer to tap into Newman Enterprises.

John: That was all part of the plan then.

Larry: Yeah. Yeah, he wanted the money to come from there for the drugs.

John: What about the shipping label?

Larry: Them too.

John: Did Matt Clark talk a lot about Nicholas and Sharon Newman?

Larry: Oh, yeah, all the time.

John: What did he say?

Larry: How he was going to get even with them for the stuff they did. The guy was nuts.

Lynne: Something wrong --

Isabela: Something wrong, Paul?

Paul: No, why do you ask?

Isabela: Newman case twisting your arm?

Paul: No. That kind of stress I can handle.

Isabela: Something personal?

Paul: Lynne found out something and she won't get off my case about it.

Isabela: Does this have to do with your wife?

Paul: Yeah. Chris phoned the other day. You were there. You left the room but she asked me to meet her in Hawaii for a week. I told her I couldn't.

Isabela: She wanted you to make it happen.

Paul: I was irritated with Lynne for meddling. Maybe I should have given the idea more thought.

John: I assumed this would be a quiet little dinner. You've gone all out here.

Brad: Actually, John, the caterer is my idea.

Ashley: My husband doesn't trust me not to bush a meal.

Brad: That's not true. Your daughter is a wonderful cook. Everything your daughter does is wonderful.

Ashley: See why I love him so much?

Brad: We can eat.

John: I'm starving especially since I forgot to eat lunch again.

John: That's how Matt Clark intended to get his revenge, right?

Larry: It wasn't just about Nick being behind bars. He wanted to mess with Sharon Newman in a bad way.

John: I think that statement is consistent with everything we know about Matt Clark's actions.

Mr. Richards: Your Honor, Mr. Silva is making a good point. The witness is giving hearsay evidence, evidence purporting to be the words and even the thoughts of someone who will not and never will be here to refute these statements.

Judge: Mr. Silva, the court would very much like to hear some evidence that the witness can attest to having seen with his own eyes.

John: What about the glass that was found in the Milwaukee room, the one with Nick's fingerprints on it?

Larry: Clark got that from the coffee house in Genoa City. He put it in a plastic bag and left it for the cops to find. I saw him plant the glass.

John: There were controlled substances in the room as well, chemically identical to those sold at the rave.

Larry: It was ecstasy.

John: How did that ecstasy get into the apartment?

Larry: It was bought from a dealer out of Chicago.

John: Mr. Warton, who bought it?

Judge: Mr. Warton, you realize you're still free to invoke your right to self-incrimination at any time.

Larry: Yeah, yeah. I bought the drugs. I used the check that Clark gave me from Newman Enterprises to score the X. Then I brought it to the room and he brought it back down to Genoa City with him. I didn't know the X was bad. I swear to God, I didn't know it was poison.

John: Here's another question I'm sure Mr. Richards will ask if I don't. Did anybody promise you anything in return for your testimony here today?

Larry: Yeah, Nick Newman said he could get me the best lawyer money could buy if I took the stand and told the truth. That's all he was asking for, Your Honor, is the truth. And that's what I gave him. The truth and nothing but the truth. And now -- now, Larry Warton's head is on the chopping block.

Olivia: Ready?

Raul: No.

Olivia: Everyone has their own reaction to needles.

Raul: Mine isn't good.

Olivia: This is saline solution. See? I want you to inject this once. I want you to get a feel of steadying the syringe while you push the plunger. Don't prick yourself more than once. I told Raul he should always carry fruit juices and little candy with him in case his blood sugar falls. High blood sugar people don't notice. Low blood sugar is very noticeable. Now one clean movement up and out. That's good. Are you ready for the real thing?

Isabela: Can the Newmans spare you?

Paul: At this point I wouldn't feel right about asking.

Isabela: You're both so committed to your work. Your wife can understand. Can you work it out for another time? Maybe when your schedule clears up.

Paul: Chris only has one week off.

Isabela: Too bad she can't be more flexible.

Paul: That's what she said. Maybe that's not fair. I shouldn't be talking about this. This is my problem.

Isabela: I don't mind listening.

Paul: You're sweet. I'll figure it out.

Isabela: I hope so.

Paul: What do you mean? You sound like --

Isabela: No, never mind.

Paul: No, please. What are you thinking?

Isabela: It's just you and your wife have been apart for so long. I would assume you would jump at the chance to spend time with her. But you're not reacting that way.

Paul: That's because it's complicated.

Isabela: Yes, I know.

Paul: You know?

Isabela: Not really. It's just that --

Paul: What? Who have you been talking to?

Isabela: Well, nobody.

Paul: Well then why did you say you know?

Isabela: Speaking to your mother, as discreet as she's been, I just got the impression she assumes your marriage is over. I mean, could she be right?

Paul: My mother should keep her mouth shut.

John: I have one final problem, Mr. Warton, but here's my -- I have one final question but the problem is I don't legally have the right to ask this. Maybe Mr. Richards will let this question stand because he wants to know the answer, too. The question is this: In your opinion knowing how obsessed Matt Clark was with revenge, is it possible when he realized he probably wasn't going to survive, is it possible he hastened his death if he did it in a way that would incriminate Nick Newman?

Larry: Let me put it this way, when I first heard what happened I first thought to myself, ‘God, you crazy bastard, Clark’. That's just his style to go out with a bang. So in my mind, I have no doubt at all he could have done it just like that.

John: Nothing further, Mr. Warton. Mr. Richards?

Mr. Richards: Mr. Warton, can you tell me anything about a phone call, an anonymous phone call I received last winter?

Larry: Your Honor, may I have one of those pencils, please? Maybe this will sound familiar to you. This isn't easy for me, I mean, people are dealing with drugs. I mean, they're dangerous. I just want to say it's terrible.

Mr. Richards: No more questions, your honor. The State rests.

John: The defense rests, your honor.

Judge: We'll take a brief recess while I go over my notes and exhibits. Please don't stray far from the courtroom. You may step down.

Cassie: Mr. Warton? You're a really nice man. Thank you for helping my daddy.

Larry: I hope I did, Cassie. I really hope that I helped.

Cassie: You know, if you come to the coffee house sometime soon, I'm sure me and my dad will make you a special smoothie.

Larry: I'd like that, I really would and I'd take you up on your offer one day when I can.

Nicholas: Larry. Thank you so much.

Larry: Remember what you said last time we talked about making a fresh start? You were right, man. I feel better already.

Nicholas: You have my word, I'm going to do everything I can to help you out.

Clerk: Let's go, Warton.

Larry: I'd appreciate that.

John: I'm thinking about going into chamber and telling his Honor I'm dropping all the charges.

Victor: I don't want the charges dropped. I want my son's name cleared and I want a verdict.

John: That's risky.

Victor: I'm not worried about that. The truth has come out. I'm certain the judge will see it that way.

Gina: Oh, Ashley, thank you for such an elegant dinner. Thank you for inviting me.

John: And for letting me talk my head off.

Ashley: I was amazed at the facts and figures on the teen line.

Brad: Me too. I can never keep that data straight.

John: I have always been blessed with really a terrific memory, except when I can't I can't -- when I can't remember my reading glasses. I don't need them anymore so why worry about that.

Ashley: How about coffee or after dinner brandy?

Gina: I would love coffee.

Ashley: Want to help me, sweetie?

Brad: Mm-hmm. Old guy seems sharp as a tack.

Ashley: I'm thrilled and so relieved. I think we are.

Brad: Maybe.

Olivia: You know, Raul, you can teach your friends to give you the injection. It's not uncommon for people to teach their friends and people they're with to give them the shot.

Raul: I should learn it myself.

Rianna: I don't mind.

Billy: Just say the word and I'll do it.

Raul: No, I'll do it.

Olivia: Grab a little piece of skin. That's where he's going to inject himself. Good. Now he's going to swab himself. Good, you remembered that. A little alcohol. And now.

Raul: Now?

Mackenzie: Come on, Raul, you can do it. Keep a steady hand.

Billy: I'm going to tell your grandkids my brave, buddy Raul stuck himself with a needle.

Raul: Geez, William, the grandkids? I didn't feel a thing. What are you guys all excited about? It was a piece of cake.

[Phone ringing)]

Christine: Christine Williams.

Michael: Hey. Please don't tell me you're working around the clock these days.

Christine: Michael, why are you calling?

Michael: You don't sound like yourself. Something wrong?

Christine: Why the third degree?

Michael: I'm concerned about you. You're exhausted. You need a vacation?

Christine: That's not it.

Michael: Then what? Don't tell me Paul called again.

Christine: No. Lynne.

Michael: Lynne? Your husband's secretary? What does she want?

Christine: She urged me to come home during my break.

Michael: Oh, I see. Is that what you're going to do?

Christine: A big part of me wants to, yeah.

Michael: Is Paul encouraging it?

Christine: No, he's not. I feel I should force the issue, take the risk. The way things are going, it could be the last chance for my marriage. I really think I should do this, Michael. Don't you?

Isabela: Paul, I could have misunderstood her.

Paul: You did not misunderstand.

Isabela: Sorry I mentioned it. I didn't want to create tension.

Paul: I won't say anything to my mother. It irritates me the way she insists interfering with my life.

Isabela: She worries about you.

Paul: I wish she would let me worry about myself for a change.

Isabela: Paul, I want to say something, and I don't want you to be upset. The way you're reacting, I'm assuming she's hit a nerve. Am I right?

Lynne: Sorry to interrupt. This just came by messenger and I'm sure you would want to see it immediately.

Paul: Thank you, Lynne.

Isabela: Should I wait outside?

Paul: No. This is about you.

Isabela: Me?

Paul: This is the report on your husband.

Isabela: What is it? What does it say?

Ashley: Hey, more coffee?

Gina: No, no. Thanks. I couldn't help but notice how closely you and Brad have been watching your father all evening. Am I missing something? There's nothing wrong with him, is there?

Ashley: Of course not. I can't remember when I've seen him in such high spirits. You have a very positive effect on him.

Gina: I like to think so. You didn't answer my question.

John: What question is that?

Ashley: You know, Daddy, if I haven't mentioned it before, you look especially handsome tonight.

John: Thank you.

Ashley: I like that tie. Where'd you get it? What, you don't remember?

John: Of course I remember. And so should you. You gave it to me for Father's Day a couple of years ago.

Ashley: No wonder I like it. I'm getting forgetful.

John: Well, there's not many people that have a memory like your old Dad.

Clerk: Take your seats, everyone. Court is back in session.

Judge: I have seen a trail of circumstantial evidence indicating that the defendant bought and processed the drugs in question. Evidence that he sold them to the deceased, Jordan Spencer; evidence that the drugs were tainted causing serious injury to Spencer and to others. And finally, evidence that the defendant was present at the death of Matt Clark, and had the opportunity to kill him. That, plus the obvious bad blood between these two men gave the defendant a motive to want Clark dead. And if Clark did, in fact, not frame him as he claims, then the defendant had an overabundance of motive to want Clark dead so he wouldn't be available to contradict the testimony of Larry Warton and Tricia McNeil. Now that having been said, however, I must assess the evidence in the light of the presumption of innocence and the State's obligation to prove its case beyond a reasonable doubt. And there is Mr. Larry Warton. He came forward, at enormous risk to himself and revealed facts that caused me to suspect that Matt Clark was behind this whole thing. I can think of no reason why Mr. Warton would lie. If his story is a lie, it is a lie that will very likely place him in the penitentiary for many years to come. Based on the foregoing, on the charges of selling drugs and causing the death of Jordan Spencer, I have not only reasonable but substantial doubt of Nicholas Newman's guilt. And there will be a finding of not guilty on those charges. Now the charge that he murdered Matt Clark also troubles me. The evidence supporting this claim is wholly circumstantial, capable of the interpretation given it by Mr. Richards as well as the interpretation given it by Mr. Silva. Now there is a legal maxim that states where circumstantial evidence is capable of two reasonable interpretations, it is the duty of the court to accept the innocent interpretation. Mr. Warton's testimony about Matt Clark's obsessive desire to injure both Mr. Newman and Mrs. Newman makes Mr. Silva's interpretation reasonable. Therefore, there will be a finding of not guilty on the charge of murdering Carter Mills otherwise known as Matt Clark. We're adjourned.

Cassie: Thank you, God. Thank you for giving our dad back to us.