REVERSAL OF FORTUNE based on the book of Alan J. Dershowitz.

Director: Barbet Schroeder

Writer: Nicolas Kazan

CHARACTERS:
 Jeremy Irons as Claus von Bulow
 Glen Close as Sunny von Bulow- The victim, in coma
 Ron Silver as Alan J. Dershowitz – famous Harvard Professor, was hired by Claus on appeal
 Christine Baranski as Andrea Reynolds – mistress(2); Claus met her two days after the trial
 Stephen Mailer as Elon Dershowitz – Prof. Alan’s son
 Robert Brillhoffer- Former Manhattan District Attorney.

 Children of Sunny von Bulow:

(first marriage)- Jad Mager as Alexander von Auersberg and Sarah Fearon as Ala von
Auersberg
(2nd marriage)- Cosima von Bulow.

 Associates:
*Annabella Sciorra as Sarah
*Jack Gilpin as Peter MacIntosh- Rhode Island counsel, he will analyze the state
supreme court.
*Johann Carlo as Nancy and Keith Reddin as Dobbs- They're going to attack
the medical testimony.
*Felicity Huffman as Minnie
*Mitchell Whitfield as Curly
*Tom Wright as Jack
*Michael Lord as Ed
*Alan Pottinger as Chuck
*Etc.

 Witnnesses:
*Fisher Stevens as David Marriott - a source with shaky evidence concerning Sunny’s alleged
drug use
*Uta Hagen as Maria – personal maid of Sunny
*Julie Hagerty as Alexandra Isles – the mistress (1)

Reversal of Fortune is a 1990 film adapted from the 1985 book Reversal of Fortune: Inside
the von Bülow Case, written by a Harvard law professor . It narrates the true story of the
unexplained coma of a socialite Sunny von Bülow; her admission that she “took up to
24 laxatives daily, popped aspirin like M&M's, smoked three packs of cigarettes a day, had
a problem with alcohol, took Valium and Seconal frequently and consumed large quantities of
sweets, despite a medical condition, hypoglycemia, which made them hazardous.” She also
admits that she preferred to stay in bed most of the day (although this information does not
help the case because Sunny is in a coma and the narrator of the film);it also narrates the
subsequent attempted murder trial; and the eventual acquittal of her husband, Claus von
Bülow, who had Alan Dershowitz acting as his defense.

The story is narrated by Sunny von Bülow from her sickbed. Sunny von Bülow had her final
coma after falling into diabetic shock after a Christmas party. Her husband, Claus von Bülow,
is charged with attempting to murder the hypoglycemic Sunny by giving her an overdose of
insulin. Claus's strained relationship with his wife and his cold and arrogant attitude led most
people (including Maria, Alex, and Ala) to conclude that he is guilty.

As Sunny narrates:
“The first coma aroused suspicion and fear in the minds of my personal maid Maria, my son Alex, and
my elder daughter Ala. From this time on, though they never voiced their suspicions to me, they kept
a vigilant eye on Claus.”

“A year later, just before Christmas, their darkest fears seemed justified. Second coma. My pulse was 38,
my temperature 81.6 degrees. I never woke from this coma, and I never will. I am what doctors call ‘persistent
vegetative’, a vegetable. According to medical experts, I could stay like this for a very long time, brain-dead,
body better than ever.”

Alex and Ala von Auersberg, hired Robert Brillhoffer, former district attorney, to investigate the
case. He put a "do not resuscitate" order on her hospital chart. They sent Alex and
a private investigator back to the Newport cottage, Clarendon Court, where the family resides,
to search for drugs and they found plenty in Claus's closet. An encrusted needle that was also
found tested positive for insulin. On top of that, the hospital lab reported that Sunny’s blood
insulin on admission was 14 times normal, a level almost surely caused by injection. Insulin
injection could readily cause coma or death.

Now they felt they had the murder weapon. All they lacked was the motive. At that moment,
Claus was in a vacation with his mistress, the very beautiful soap-opera actress, Alexandra
Isles. Brillhoffer also discovered that, at Sunny’s death, Claus, whose own net worth was only
a million dollars, stood to inherit 14 million from her. Alexandra Isles later testified that Claus
showed her a legal analysis of Sunny’s will.

On the evidence collected by
trying to murder his wife with
both counts:
 Count 1: Dec. 27, 1979
 Count 2: Dec. 21, 1980
Alex, Ala and their lawyer Brillhoffer, Claus accused of twice
injections of insulin. On March 16, 1982 he was found guilty on
(Crime of assault with attempted murder)
(Crime of assault with attempted murder)
In need of an innovative defense, Claus turns to a Harvard law professor Alan Dershowitz.
Alan is initially convinced of Claus's guilt, but takes the case because he said he was pissed
off-

Allan: “I was pissed off here. The family hired a private prosecutor. Unacceptable! They conducted a
private search! Now, we let 'em get away with that, rich people won't go to the cops any more. You know what
they'll do? Get their own lawyers to collect evidence. And then they are going to choose which evidence they feel
like passing on to the DA. And the next victim isn't gonna be rich like von Bulow, but is gonna be some
poor schnook who can't afford or can't find a decent lawyer. “

-That is what he said as he tries to explain from his former students/ associates why a lawyer
like him with a record who defends the poor and oppressed would take such case. Another
reason for taking the case is because Von Bülow agrees, if Alan takes the case, He will fund
Alan’s defense of two poor black teenagers (Johnson brothers) accused of capital murder and
he will pay for the law students Alan employed to help on his case since Alan only have less
than 45 days to get it done. So, Alan Dershowitz proceeds to defend Claus, wrestling with his
client's unnerving personal style and his questions of von Bülow's guilt or innocence.

Finding grounds for reversal won't be enough here. To get them to do that, they have to
obliterate every aspect of the state's case. Destroy the medical case and their witnesses, so
the judges have no possible way to affirm.

So, The team gathered affidavits:

(1) That Sunny had problems with pills and alcohols.

Claus: “Sunny and I gave ourselves B12 injections in the late '60s. It was quite the fad.”
----------

Minnie: “…Has anybody read this? It's an interview with Truman Capote. He says, when she was
19, Sunny von Bulow taught him how to inject drugs. “
-An affidavit was given to them, corroborating Truman Capote.
(…)
Claus: “I have affidavits, too. Newport people. They describe Sunny taking pills, getting drunk and falling
down, thumping into doorways, smearing lipstick all over her face. Not a very pretty picture.”

(2) That Sunny take drugs (Valium) prescribed to Claus.

Alan: Right. OK. OK, who's got what?

Associate:“Maria's testimony. She says Sunny did take Valium prescribed for Claus.”
 (3) From various people including a priest.

They found a rather unsavory character witness called David Marriott in Wakefield, who
contacted Claus, claiming to have information about a drug delivery at Clarendon Court. He
tells Alan that they were delivering packages to Alex six times before he grew suspicion and
opened one. He says that he found the pills, powder, and syringes and also states that Alex
admitted that it was for his mother.

Alan: “You traffic with drug dealers and drag queens, you have a part-time job, you ride in rented limos. All
in all, I'd say you're probably the least impressive witness I've ever seen.”

Marriott apparently confided in a priest, Father Capello from Providence, who's consented to
talk.

Alan: “A priest? A priest is the ideal witness. It's like getting the word of God. (…) If
the priest comes through, and we can get documentation on Sunny's drug use, self-injection may be
a plausible theory.”

**************************************************

Conviction by Circumstantial evidence.

-Conviction can be had if the established circumstances constitute an unbroken chain,
consistent with each other and to the hypotheses that the accused is guilty, to the exclusion of
all other hypothesis that he is not.
-Circumstantial evidence must be proved not presumed.

Here, Claus von Bulow was convicted based on the following:

(1) Alex with a private investigator found drugs in a black bag inside Claus’s closet.
-Including a bottle of insulin, a syringe and an encrusted needle that tested positive for insulin.

(2) Maria’s testimony:

First coma
Q: After you realized that Mrs. von Bulow had not gotten up, what did you do?
A: I came downstairs, and Mr. von Bulow said that Madame had a very sore throat, and I
didn't have to do any work, and she was in bed all day-
Claus: What are you doing? Did we ring for you?
 Maria: She's ice-cold. Madame. Mrs. von Bulow!
Claus: Leave her alone. She's sleeping. She drank last night. We didn't get any rest.
Maria: She's not sleeping. She's unconscious. You must call a doctor.
Claus: Maria! Go on.

: A half-hour later, she had not moved. I went back and forth all morning. Finally, mid-
afternoon, Mr. von Bulow spoke to Dr. Paultees. But he lied to doctor.
Claus (talking to Dr. Paultees on the telephone): She's sleeping now, but earlier she was up to the
bathroom and had a soft drink, so there's no cause for alarm...

: But she never moved. Never got up. She was lying in the same position all day. Later
her heart stops, and Dr. Paultees, he comes and saves her.
After they go to the hospital, I change the sheets. I find a puddle of urine.
If Madame went to the bathroom, she would not have peed in her bed.

Second coma
Maria testifies that she saw the bag with a bottle of insulin, syringe and needles shortly before
the final coma.
: “I'm cleaning up their room when I find Mr. von Bulow's canvas bag packed for Newport. Inside, there's
a little black bag. A bottle of insulin, a syringe and needles. Alexander! Alexander, come here! Insulin? For what,
insulin? My lady's not diabetic.”

(3) Brillhoffer’s notes

(4) Alexandra’s testimony

--------------------------------------

Alan Dershowitz tells his team that appeals aren’t won on the basis of a defendant’s
guilt or innocence but on constitutional issues or procedural faults in the trial. Were some lab
reports improperly admitted as evidence? Did the prosecution withhold notes made
by an attorney hired by Sunny’s children to investigate von Bülow?

Fruit of the poisonous tree/ But for test/ Taint Doctrine.

 Evidence: Black bag containing drugs and syringe with an insulin-encrusted needle.
 Crusted needle: This becomes the chief reason that discredits the original case.
 It comes down from the Brillhoffer notes and the illegal search and seizure which are
overturned and Claus is found not guilty.

(1) BRILLHOFFER NOTES.

Brillhoffer wrote back to the letter sent by Alan’s team for request of his notes, to which he
replied:
"I am satisfied that there is not a scrap of paper in my files that might even arguably be viewed as
exculpatory."

Minnie: “He says he has nothing that'd help them…”

Alan: “If he didn't have anything, he'd give it to us. But there's something there, and he'll fight to hold on to it. I
will bet my fee that no one remembered seeing insulin until after the lab report came back.
Assoc : So you're suggesting...
Alan : Memory enhancement.
Sarah: It might be more than that.
Assoc : Possibly.
Assoc : A frame-up.
Assoc : You mean, by the kids?...”
---------------------

??Best Evidence Rule:

Brillhoffer’s notes. This lawyer, Brillhoffer, interviewed Alex, Maria, everybody. He was
the first to hear their stories. He took notes and used them at trial against a defense witness.
But the defense never saw the notes. The judge wouldn't let them have it.

??Impeachment of adverse Party’s Witness

Alan: “She (Maria) could have said it like this- “Insulin? For what, insulin? My lady is not diabetic. You
see? "My lady is not diabetic." She is assuming that the bag is Sunny's. Her first reaction, not part of
a legal strategy devised later, is that the stuff in the black bag belonged to Sunny, not Claus. Who'd
know better than she?”

It was found later that no one mentioned insulin when they first talked to
Brillhoffer. Plus, Maria told him that, when she supposedly first saw insulin, she
couldn't even read any of the labels. They were all scraped off.
-----------------------------------------------------

(2) AS THE CASE PROGRESSES, ALAN DECIDES TO SEND NEEDLES WITH DIFFERENT
DRUGS TO CHECK THEIR ACCURACY.

Allan: “Get a doctor to prepare five needles, (1) one with nothing, (2) two with Valium, amobarbital and
insulin, (3) two with just Valium and amobarbital. We send them to the lab that our famous needle went to.
See if we get a false-positive result.
Nancy: If we don't?
Alan: If we don't, I clean the latrines.”
--------------------------------

Their team even tested needles themselves in order to see why there is a crusty tip…

Sarah: “Their investigator said the needle had an encrustation near the tip. Doctors tell us this is inconsistent
with injection.”
Allan: So how did it get there? Oh.
Minne: If I inject this needle, the skin acts as a kind of a swab. It cleans the needle off, leaving the
tip completely free of liquid.
Assoc: But if I just dip the needle into the liquid, what do you see? Dry this out, you have an encrustation.
Assoc: So it's a frame-up?”
-----------------------------------
Nancy: Alan! We've got something.
Nancy: We've hit the jackpot. Our needles that had amobarbital and Valium...
Dobbs: But no insulin.
Nancy: Both came back with false-positive readings for insulin. One was 93, the other 282.
We've knocked out every piece of their medical case.
Alan: OK, now all they've got left is my neck. Anybody know anything about editing audio tapes?
****

(3) DAVID MARRIOTT, AS THEIR FIRST WITNESS, CLAIMING TO

HAVE INFORMATION ABOUT A DRUG DELIVERY AT CLARENDON COURT.

Marriott tells Alan that they were delivering packages to Alex six times before he grew
suspicion and opened one. He says that he found the pills, powder, and syringes and also
states that Alex admitted that it was for his mother. David Mariot made few strange
statements while having conversations with Alan.

Throughout the film the defense lawyers continue to speak how they have heard that the state
had an “ace in the hole”, but they do not know what it was. They come to find out that the
first witness, David Marriott, was recording (using an audio tape) all of his conversations with
Alan and manipulated the content. Marriott gave it to the authorities. They are now worried
that if Alan wins the case, he will go to jail.

** A witness may be considered as unwilling or hostile only if so declared by the

court upon adequate showing of his adverse interest, unjustified reluctance to
testify or his having misled the party into calling him to the witness stand. (Sec.
12)

??**Tape-recorded evidence, If it is properly authenticated, it is admissible, but

may not be properly admitted without the proper foundation first being
established. This would most likely be the best reason to hold the tape
inadmissible

News Report: “Some startling developments in the von Bulow case. Professor Alan Dershowitz had
been accused of paying for falsified testimony, but those accusations were discredited today by
the attorney general, who announced that David Marriott's tape was doctored and that Marriott is
not a reliable witness.”

**********************

Peter MacIntosh: We're gonna lose. Why do you think this case fascinates people?

Alan: Cos one time or other, every man is driven crazy by his wife, and in his heart, he wants to do exactly
what Claus is accused of. Kill her in some sly, silent way that can't be detected. Claus is a scapegoat. Someone
has to suffer for the sin that we all wanna commit.

Peter MacIntosh: Alan, that's ridiculous. It's ridiculous. You're right.

Alan: What have you got?

Peter MacIntosh: Prosecution's case is based on a theory. The needle in the bag, insulin on the
needle, insulin in her blood.

In Derek, this Rhode Island Supreme Court, these same judges, said that, in a case based
on circumstantial theory, the case falls apart if any part of the theory is weak.

Alan: If there's a weak link, then you throw the whole chain out?

Peter MacIntosh: Exactly.

------------------------------------------------

Alan: I now believe Claus is innocent, so we've decided: no tricks, no technicalities. We are going to base
our appeal directly and explicitly on Claus's innocence.
Assoc:Appeals must be based on judicial error.
Assoc:The judge should've thrown out the case.
Assoc: You can't say there wasn't sufficient evidence. He was convicted.
Peter: Good point.
Alan: That's what we are saying. If the rules don't work, you change them.
(…)
Assoc: Wait. State supreme court shouldn't even look at an appeal based on new evidence.
Alan:Hey, guys. I'll take care of that, OK? You just leave it to me. Look, I know you're all exhausted. We got four
days left. What we do now will decide this thing. Do you wanna win or not?
-------------------------------------------

ON APPEAL: (Alan J. Dershowitz as the counsel)

Alan: “Your Honors, you may not like Claus von Bulow. You may think he is guilty of something. But I am here
to tell you he is innocent. Our new evidence...”

Judge: Professor. You know there is no case which allows you to introduce new evidence on appeal.

Alan: “There is one, Your Honor. And you wrote it: Derek. In Derek, you yourself said that a case based on
circumstantial theory rather than fact only stands up if no other theory makes sense. The only way
to show a better theory is to present it.”

Judge: Get on with it, counselor.

Alan: “The first issue is the encrusted needle. I hope you will have the courage to free an innocent man
and remedy a grave injustice.”—

Andrea: This will never work. Too smart for his own good.
Claus: Alan says it will work. If the prosecutor takes the bait.
Andrea: What do you mean, "bait"?
Claus: Argues the evidence.

Prosecutor: “Your Honors, introduction of new evidence on appeal violates every principle of jurisprudence,
every statute, every precedent, every rule of ethics. He's nailing us. I am not going to stand before you
and argue Mr. von Bulow's guilt. However, I have no choice but to address Mr. Dershowitz's arguments one by
one.”…

Sarah: Bingo.

Prosecutor: “First, the encrusted needle….”

---------------
Sarah: So, now it's up to the judges.
*****

Claus von Bulow was given a second trial and acquitted on both counts.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Claus von Bulow is still married to Sunny von Bulow. He is presently living and working in London.
The Johnson brothers remain on death row.
Sunny von Bulow has not spoken since she fell into her final coma.

------------------------- END---------------