Chicago Justice (2017) s01e12 Episode Script
Fool Me Twice
1 [indistinct chatter.]
Lizzie Oh, I didn't I didn't know who else to call.
Why would someone shoot him, Laura? I don't know.
The surgeon said he's gonna make it.
Make it? What does that mean? Eric's strong, Lizzie.
He'll be fine.
- What if he - We will deal with it then.
He was a good brother, Laura.
And he's gonna be a good brother for a long time.
I'm sorry, but I could use a cup of coffee.
Let's let him rest.
- Eric wasn't - No.
He gave all that up after He's working at Gerringer's.
He's doing good, Laura.
- He really is.
- I was sure he was clean.
We had dinner a couple of weeks ago.
He told me.
Yeah, he liked that.
I don't think he ever got over you.
[chuckles.]
Benny Damn Fishbein wouldn't let me out of work.
Thank you, Laura, for being here for her.
Mm.
- Your brother? - We don't we don't know.
He was shot at least three times.
I'm sorry.
This is Laura Gibbs.
- It's Nagel now.
- We grew up together.
- Benny Martinez.
- You work together? - Uh, boyfriend.
- Can you stay with her? Yeah, I won't leave her sight.
You call me as soon as he wakes up.
[indistinct radio chatter.]
[sighs.]
Just passing by.
Had to look.
State's Attorney Investigator Nagel.
I know the victim.
- What do you got? - Well, CSU found shell casings, seven of them, all from a 45 caliber.
This is Eric Cates's vehicle.
[exhales slowly.]
Serious stuff.
Sure gets the job done.
Detective Ken Banks.
Steve Kim, Narcotics.
Why are you guys here? Walk with me.
Did I hear you say you knew the victim? Eric Cates.
His sister called me from the hospital.
- Tough.
- Yeah.
We found a key of heroin.
It was on the floor on the passenger side.
That's his blood, I'm guessing.
We figure the guy was doing a deal, probably keeping this one for himself.
Eric Cates.
Uh, I don't remember him.
You never met.
He was my confidential informant.
He was shot last night.
- Dead? - No, lucky.
He helped us out with an old friend of yours.
Jayson Creary.
Eric gave us the Death Kings' stash house.
You wouldn't have convicted Jayson without it.
You think Jayson put out a hit from Stateville? Jayson's kid brother, Jerome.
He runs the Death Kings now.
He cleans their cash through a fancy car dealership.
I'm thinking he somehow found out that Eric was my CI.
But you're not sure? Eric is a good guy, Peter.
He's been out of the life since you nailed Creary.
- I wanna work it.
- This is CPD's case.
Guys like Eric Cates, they risk their lives for us.
And in return, they get to stay out of prison.
So that means we turn our backs on them? [exhales slowly.]
Fine.
Find out what you can, but stay out of the cops' way.
[chuckles.]
Well, look who decided to show up for work.
- You look like crap.
- We got an attempted murder.
A key of heroin on the floor.
What's that gotta do with us? - Stone said we could work it.
- Could? He was also my CI before you got here.
- You know you're not supposed - You coming? Where to? We're gonna talk to Jerome Creary.
Least you can do is pretend you're looking to buy.
I don't want you scaring off the real customers.
[chuckles.]
Yeah, these things are flying off the shelf.
You'd be surprised.
Peoples got a need for speed, and to look hot when they do it.
We're here about your other business.
Don't do that no more, since you sent big bro to Stateville.
We can look through your books, Jerome, see how much cash you got running through this place, or you can answer a few simple questions.
- What questions? - Eric Cates.
- What about him? - He used to work for you in the business we can't mention, selling the stuff you'd prefer we didn't talk about.
Yeah, I haven't seen him since.
Since you shot him and took his stash last night? Hey, I ain't seen him a couple of years at least.
[sighs.]
So where do you keep these books? Okay, okay.
He worked for my bro, dude.
I got nothing to do with his ass.
If it was a hijack, I'd be looking at Ricky Marscak's crew.
They like taking what ain't theirs.
Your boys in Narcotics got him.
Civilian walks in.
How often do you see an actual Good Samaritan? Tells us he's seen the shooting.
He ID'd Marscak? No, but he saw a hopped-up red Chevy.
We put two and two together, hopped-up red Chevy and a drug heist, and our compass points right to Ricky Marscak.
Thinks he's some kind of Robin of the Hood.
Steals from rich dealers, sells to poor junkies.
There you go.
Minute, Stevie? I got nothing.
Says he was banging some babe whose name he forgot till 3:00 a.
m.
- Mind if I talk to him? - Help yourself.
Maybe I can take a look at that witness statement.
Yeah, right this way.
I'ma tell you the same thing I told your friend.
- Eat me.
- Sorry, I'm on duty.
I'm sure Detective Kim informed you that there is a witness who saw you.
He saw a car that looked like mine.
Lot of Chevys in Chicago.
Driven by guys who are known for hijacking H? You see, that's the problem.
People believe what they hear.
Facebook, Twitter, anybody can say any damn thing.
They can say that Eric Cates is still alive.
It's good if he is, 'cause I didn't shot the S.
O.
B.
Ask him.
He'll tell ya.
Three bullets.
What the hell do you have to live for that's so important? I wanna see the Cubbies repeat.
Oh, that's a good reason as any.
Did you ever tell your partner what happened at prom? Mm, he embarrasses too easy.
Eric the heroin in your car It wasn't mine.
I already told the cops.
And I didn't see Marscak.
I couldn't see diddly.
The lights were in my eyes.
Tell us what you remember.
- I was going home.
- From where? I had a couple beers at McGavins.
Then what? Um, I'm driving down West Lex.
It's one way, right? A car comes towards me.
- A Chevy? - Could be.
Brights were on.
Two guys get out.
I couldn't see their faces.
- They say anything? - I didn't wait around.
I started backing up.
That's all I know.
Witness says he saw a hopped-up red Chevy.
- That's what Marscak drives.
- Red? I couldn't see a lot, but if the car was red, I'd know.
An eyewitness? We don't get that too often.
There may be a discrepancy in Jerry Burrows' statement.
He specifically said that Marscak was driving a red Chevy, only Eric Cates never saw red.
He also saw two shooters.
Burrows said there was only one.
This Burrows guy, he was a good citizen.
Not even a parking ticket.
Then he just became a better witness.
I've got 24 hours to put Marscak in front of a judge.
The crime scene's a good place to start.
That's where Cates was shot.
Jerry Burrows said he left the strip club and was walking home when he heard the shots.
- Where does he live? - LeLand Street.
- It's a few blocks North of here.
- So if it were me, to get from the strip club to Leland at night? I'd walk up Broadway.
It's got a lot more light.
Maybe he just wanted a beef sandwich or a slice of pizza.
Even more reason to walk up Broadway.
We're in the neighborhood.
Why don't we talk to Burrows? Sure.
Damn, I thought we were done with this.
- Done with what? - You're cops, right? We're with the State's Attorney's office.
- You're Jerry Burrows? - Bobby Burrows.
Dad ain't here.
He's working.
Where? All over.
He's a cabbie.
- Look, I'm busy.
- Doing what? Uh, calling my lawyer.
[scoffs.]
If you saw a shooting, and you wanted to be a good citizen, you'd go to the closest District, right? 19's just a few blocks away.
Instead, Burrows walks a mile and a half to Narcotics to make a statement to Banks and Kim.
You want my opinion? No.
I don't think you're approaching this with clear eyes.
- Forget about it.
- Hey, look, I'm just saying.
Everybody looks bad to you, except for the guy shot with a key of H in his car.
Eric and I grew up together, okay? When Dad had too much, his mom took me in.
Jerry Burrows may be clean, but his kid, Bobby, was picked up twice for possession with intent.
Probation both times.
Whoa.
Six months ago, he was arrested for statutory rape.
He had sex with a 15-year-old girl.
Why isn't he making license plates somewhere? Same day the sex charges were dropped, cocaine charges were filed.
Arresting officers in the drug case Detectives Banks and Kim.
Vice sent Bobby Burrows to us.
- He was a harmless junkie.
- Who raped a minor.
Old saying: No victim, no crime.
Girl's parents didn't want the neighbors to think ill of them.
Why didn't the drug charge stick? What would be the point? Bobby Burrows was a minor leaguer.
We felt he'd be more help to us out on the street.
You were Narcotics.
You know the drill.
Let the little fish go to get the big fish, yeah? Bobby Burrows was your CI? He was after we let him scoot.
See, this is where it all gets confusing.
Um, you gotta admit, it's a hell of a coincidence that your CI's father is also a witness in a shooting that you're investigating.
If you're accusing us of something, spit it out.
Cool it, Stevie, they're just doing their jobs.
We did good by Jerry's kid.
He trusted us.
And you believe him? Of course he does.
He gets Ricky Marscak, another medal for his collection.
Hey, you're implying Burrows is lying to make our case.
You did do his kid a solid.
Hey, we're good.
Thanks.
Sorry to bother you.
- You believed that crap? - Not for a second.
- Got a minute, Mr.
Burrows? - Aw, jeez.
Bobby told me you were bothering him.
Just wanna follow up on that shooting you witnessed.
Look, I told the other guys what I saw.
- An orange olds? - It was a Chevy.
- And you said it was red.
- Look, Mr.
Burrows, we know about the problem you have with your son.
Look, it was a mistake with that girl.
Bobby didn't know she was 15.
We also know Detectives Banks and Kim helped Bobby out of that jam.
Now the truth is you don't owe them anything.
- You don't have a kid, do you? - Two, actually.
If Banks and Kim pushed you to say that you saw a red Chevy you didn't really see, an innocent man could do a lot of time.
I saw it, okay? Look, I I don't know what the hell you want from me.
I gotta go.
You want me to say the car was red, the car was red.
You know I don't work like that.
- Look, I'm sorry.
- Forget it.
Somebody's gotta catch the bad guys, right? I was talking about something else.
Do you remember those storage units back in Ravenswood? We used to jump from one rooftop to the other.
You would jump.
I would watch.
Except for that one time.
One more inch, and you would've made it.
- You saved my butt.
- [chuckles.]
I don't think I ever thanked you.
We were seven.
I'm sorry for getting you into all this.
You didn't get me into anything, Laura.
Hell, you kept me out of jail.
And I put a target on your back.
What, you think that this was payback for Creary's brother? You know you can tell me anything, Eric.
- It won't leave this room.
- The heroin wasn't mine.
I don't know how it got into my car.
Either you believe me, or you don't.
Hey, what kind of person would I be if I didn't believe the guy who saved me - from falling off a roof? - [chuckles.]
Do you ever wonder how things might've turned out if you didn't go away to college? Sorry.
- Your partner's been busy.
- Yeah? Okay, what do we know? We know there was heroin in Eric Cates's car.
He swears wasn't his.
Yeah, listen and learn, the lab says it was 10% pure.
That's next to worthless.
Exactly, which got me curious, so I went through case files and found three other incidents of cut heroin being picked up as evidence, all involving murders.
Now first, you have Pedro Garcia.
He was found in his bedroom with three bullets in his chest, two keys of cheap heroin under his bed.
Dead, no arrest.
Miguel Ortega.
He was found behind a bowling alley, - bullet in his head.
- An assassination? One key in his backpack, no arrest.
Luis Vargas.
He was shot in his Taurus.
Bullet through an eye, and just to be sure, one through his heart.
Two keys in his trunk, dead, no arrest.
Now all three were killed within the last 24 months.
What else did they have in common? - Mm, same gang? - Bingo.
23rd Street Jokers.
The Jokers have been in a turf war with the Death Kings for quite some time.
The Death Kings.
That's Jayson Creary's gang.
Which is now run by his little brother, Jerome.
When he's not selling Lamborghinis.
So you're saying all four were shot by Creary? Or on his orders.
But here's the thing, all four shootings were or are currently being investigated by the same Narcotics officers.
Banks and Kim.
Stephen Kim was the lead detective in all of them.
Banks and Kim are covering up murders for the Death Kings? Or they were doing the killings themselves.
Hey, let's not get ahead of ourselves.
For now, let's focus on the Cates shooting.
We need to prove that Jerome Creary knew that Eric Cates informed on his brother.
Do you think that I'm stupid? Why would I tell anybody that I snitched? It had to be somebody on your end.
I checked the PD database.
Nobody accessed your file.
Maybe you mentioned it to someone in passing.
- Lizzie, maybe.
- You know the last thing I'd do is get my kid sister involved in my crap.
Can we get someone to guard him? Our people? I'll stay with him till they show.
I want you to think very hard, Lizzie.
Did you ever tell anyone that I work at the State's Attorney? - Why would I do that? - Just think.
I don't know, like who? A boyfriend? Benny? He knew me, Lizzie.
When he showed up at the hospital, he called me Laura.
Oh, my God.
Was Eric shot because of me? - What did you tell him? - I don't know.
We talked about when When we were kids, how it was funny that you used to talk Eric into cutting school to smoke pot in the park, but now you work for the State's Attorney.
But I don't think I used your name.
- Did Benny - I don't know.
Oh, my God.
[whimpers.]
She talks about you a lot.
You know, she and Eric are really proud.
- They they - Can we cut the crap? [chuckles.]
Is there a problem? Did you ever hear of conspiracy to commit murder? If you happen to tell someone about my relationship with Eric, and that person tries to kill him because of it I didn't know that he would do anything.
Jerome Creary? I owed him 10 grand.
And I may have mentioned that I had a buddy of mine who had a good thing going at the State's Attorney's office, and if he let me slide for a couple of months, maybe I could hook him up with a favor when he needed it.
I want you to think really hard now, Benny.
Did you mention my name? No, why would I do that? It doesn't matter if Eric died or not.
It was conspiracy to murder the moment you agreed No, I didn't agree to anything, okay? - I didn't know, I swear.
- Did you tell Creary my name? Check it out.
Back to buy this time? - Just have one question first.
- Yeah? You have a lawyer? Jerome Creary, you're under arrest for the attempted murder or Eric Cates.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
And why would he confess to anything? Because he has a lot to lose if he doesn't.
[scoffs.]
Like what? Like the next 20 years of your life.
You're forgetting Pedro Garcia, Miguel Ortega, and Luis Vargas.
You gave the order.
They all ended up dead.
Did I say 20? Your great-great-grandchildren will be visiting you in prison.
Okay.
So far, I haven't heard anything that resembles evidence.
We've got the guys who pulled the triggers on his orders.
Oh, really.
And you believe them? Why wouldn't we? They're cops.
- They turned on me? - Shut up, Jerome.
It's still dubious evidence.
But your client's cut heroin isn't.
It was left at every scene.
- I want a deal.
- They can't cut a deal.
You're the one who put Jason away.
As you know, Jerome, I can cut you a deal.
One murder, 1/3 of your sentence.
That's as low as I go.
It's your word against a couple cops.
Killer cops.
They're screwing with you, Jerome.
They need you.
One of them's got how many medals? - Thirteen.
- Yeah.
Your choice, Jerome.
Look, they wouldn't be coming to you with a deal unless they You get to go home and bang that skinny ass wife.
None of this make no difference to you.
We got a deal.
The big dog.
Dawson, right? Grab a seat.
Butchie, get Investigator Dawson a beer, will ya? What brings you here? Memories.
Push to shove, that's all we got.
Hm.
I sat right at that booth with Lyle, Bosco, and Kelly.
You had just brought down Cutler.
And with him, 4 million bucks of cocaine.
You were putting down shots of Jameson faster than I could count.
I said to myself, "Man, that's the cop I wanna be.
" Nothing to be ashamed of, kid.
I looked up to an old copper the same way.
Gerhardt.
You ever hear of him? Yeah.
Well, let me tell you a story or three.
Jesus, what? I'm eating pizza with my family.
Who is it, Stephen? I don't wanna hurt your family, Kim.
Good, get lost then.
I can't do that.
It's work, babe.
Don't wait up.
Put your hands behind your back.
[indistinct radio chatter.]
Okay, let's go.
[phone buzzing.]
Excuse me.
Got it.
Okay.
What you're gonna do is you're gonna stand up, and we're gonna walk out of here like we're high school buddies on our way to a whore house.
- Or what? - Or I'm gonna cuff you right here in front of your fan club.
Docket Number 16CR2876.
People of the State of Illinois versus Kenneth J.
Banks and Stephen T.
Kim.
Charges are first-degree murder, three counts, attempted murder, one count.
You boys have been busy.
What are the People looking for? The People request no bail.
In addition to working for the CPD for the past 11 years, my client is a family man and a solid member of his community.
Defense asks that he be released on an I Bond.
Your Honor, my client is the third most decorated detective in the history of the Chicago Police Department.
If that doesn't get him an I Bond, what will? Their résumés notwithstanding, they're each charged with four violent felonies, Your Honor.
They were paid assassins.
D-Bond set at $250,000 each.
I had hoped we could do this one on one, considering the possible divergent interests.
You can step out if you like, Mr.
Fetzer.
So picture this, two detectives, both solid citizens, heroes even, working afterhours.
They spot a car careening wildly up a one-way street, so they circle the block in an attempt to head him off at the pass.
- This is all hypothetical.
- Oh, purely.
[clears throat.]
So our heroes head towards the culprit's car.
Thank God, he stops.
They get out of their vehicle.
They offer assistance.
They identify themselves.
But the son of a bitch stomps on the gas, hurdling straight towards them.
They shoot in order to preserve their lives.
They drove off, leaving Cates for dead.
They're human.
They panicked.
For that single act of simple malfeasance, they'll plead to leaving the scene.
Jerome Creary will testify that he hired them.
This would be the infamous gangster who's trying to save his own ass.
Forty years.
They do it all.
We'll see you in court.
Talk with Forensics.
See how much of O'Boyle's hypothesis we can disprove.
[sighs.]
Seven bullets entered the car from two weapons.
Can you tell if the car was moving towards or away - from the shooters? - Sorry, we're not that good.
I know what you're thinking, but he might have already been shot when he put the car in reverse.
There was gunshot residue in the front seat of the detective's car, if that helps.
It probably rubbed off their hands.
Here and here.
- This is Banks and Kim's car? - They're the defendants.
Weird, huh? Since when do detective cars have dash cams? They're not supposed to.
Leave it to the bureaucrats.
That puppy has never been turned on.
- You're sure? - Yeah.
Shame too, because the system's activated when the siren's turned on.
It starts recording a minute before the sirens hit.
How does that work? Got me.
I was never a tech guy.
- You sure that's Cates? - That's him.
Let's do this so we can get some sleep.
[car doors open and close.]
[gunshots, glass shattering.]
[tires screeching.]
I can't believe they were that stupid.
They didn't know.
The recorder turns on automatically when the siren is hit.
- I didn't hear a siren.
- Because they didn't use one.
I'm lost.
Virgil in Forensics told me that not only does the siren activate the device, but it starts recording a minute before the siren is turned on.
I can't believe I'm saying this, but how does it know? Been there, believe me, but then I thought about it.
The only way it could start recording before the siren is turned on is if it was always recording, in a continuous loop, erasing older stuff as it goes.
All anyone's usually interested in is the minute before the siren goes off, but it's all there, waiting for a savvy tech guy to dig it out of the hard drive.
I'm very impressed, Anna.
Make copies, and send them to defense counsel.
- Are you sure that's Cates? - That's him.
Let's do this so we can get some sleep.
[car doors open and close.]
[gunshots, glass shattering.]
[tires screeching.]
Well, I'm not one to offer gratuitous advice, but someone should start talking deal.
Well, we would, Your Honor, if it weren't for that pesky Fourth Amendment.
Under Katz v.
U.
S.
, an unauthorized electronic eavesdropping is deemed to be an illegal search and seizure.
You're arguing that the cops needed a search warrant - to bug their own car? - Why not? The issue is not whether or not the car is constitutionally protected.
As we all know, the Fourth Amendment protects people, not places.
And the people in question were CPD officers.
So Your Honor, Mr.
Stone is arguing that on the night that the defendants allegedly shot Mr.
Cates, they were not acting as law enforcement officers, but rather as common criminals, so why shouldn't they be afforded the same protections and rights as the common pimp, cat burglar, or stock swindler? Because when they shot Mr.
Cates, they were acting under color of law.
Good try, Mr.
O'Boyle, but the recordings are admissible.
I was surprised to get your phone call, Mr.
Fetzer.
You were very quiet in the chambers this morning.
I know a losing battle when I see one.
My client wants to put an end to this.
Uh, a few years back, Banks said there's money to be made, and no real people would get hurt.
Real people? You know, at first, all Creary wanted was information.
Is anyone gonna raid one of his joints? Anybody from his crew tipping off the cops? - Stuff like that.
- And you never thought about what Creary was gonna do with that information? What's to think about? I mean, these people don't have any Later, we'd carry drug money, sometimes guns.
I mean, who's gonna rob us, right? And the killing? Just happened.
I mean, these guys are killing each other on a daily basis.
What difference does it make? Okay.
I can't help you.
I'll go to jail for as long as you want.
And what do you want from me? My family, all right? I want them relocated, some place they'll be safe.
He'll testify to anything you want.
[clears throat.]
Life.
Whatever.
Who were the victims? They were the members of the Jokers.
- That's a gang? - Mexicans, yeah.
They were moving product on our turf.
I needed to teach them a lesson.
That's why I squashed Garcia, then Ortega, then Vargas.
You mean you killed them? Me? Nah.
- I paid for that.
- Who did you pay, Mr.
Creary? The defendant, Banks, and his partner, Kim.
- How much did you pay them? - Twenty grand.
- For each murder? - That's right.
That sounds like a lot of money.
You get the cops to do the killing for you, you don't get caught.
Was Eric Cates a member of the 23rd Street Jokers? Nah.
That was personal.
He ratted out my brother.
You're testifying here today as part of a plea deal.
- Isn't that right? - Yeah.
When the State's Attorney's investigators first questioned you about the shooting of Eric Cates, you pointed the finger at somebody else, didn't ya? - A man named Ricky Marscak.
- That's right.
But he had nothing to do with the attempted murder.
I just said it was me.
So then the jury can assume that you're the sort of fella who'd just say anything to save his own behind.
- Objection.
- Withdrawn.
I had a couple drinks with friends from work.
What did you do when you left the bar? I was going home, and that's when I got shot.
- Is that your car? - Yes.
And that? Looks like the dope they found in my car.
What were you going to do with it? Nothing, 'cause it's not mine.
They must've planted it after they shot me.
Did you ever have any dealings with a Jerome Creary? More with his brother, Jayson.
It was a bad time in my life.
I was doing drugs.
I bought from Jayson.
But I've been clean for over a year.
Oh, well, that's good.
And, uh, what instigated your change in life? I was arrested for burglary.
Really? 'Cause I checked your records, and I didn't see any sign of that.
I made a deal.
What sort of deal? I would give State Attorney's Investigators information on Jayson Creary.
- So you're a rat.
- Objection.
Sustained.
You're a confidential informant.
Yes.
In other words, you wash away your own guilt by pointing the finger at someone you conducted regular business with.
No, it wasn't like that.
He sold, you bought.
That's business.
- You sure that's Cates? - That's him.
Let's do this so we can get some sleep.
[car doors open and close.]
[gunshots, glass shattering.]
[tires screeching.]
Do you recognize the voices on that recording? It's me and Detective Banks.
And both of you fired the shots? Yes.
What did you do then? We planted the dope to make the shooting look like part of a drug deal.
- Where did you get the drugs? - From Jerome Creary.
It didn't concern you that another detective would see a pattern in the shootings? Well, there wouldn't be another detective.
We made sure we were always assigned the case.
So you committed the crimes, and then investigated them yourselves? You have to understand, Detective Banks suckered me into all of it.
He tells me my disabled boy deserves better medical treatment, my girl needs the best ballet instructors.
I mean, I know it sounds bad, but killing a gang banger? I mean, what's What's the difference? They would've killed each other anyway.
Eric Cates wasn't a gang banger.
It got out of hand.
What can I say? I'm sorry.
So you're saying that if your boy wasn't disabled, and your daughter wanted to be, say, just a housewife, then none of this would've ever happened? I don't know.
Well, I got a pretty good idea.
- What's that? - It's my house.
- That's in Edgebrook, right? - Yeah.
Damn, I can't afford to live there.
- Objection.
- Eh, withdrawn.
My point is you got a sob story.
We all do.
You get a little greedy.
We all are.
But the thing is, the rest of us? We don't kill for what we want, and we don't blame our partner and our best friend for our own faults and failures! I'm done, Judge.
[indistinct murmuring.]
Well, this one sure gives you a lot to think about.
No, it doesn't.
Your client is the worst kinda guilty.
Whatever he may seem to us, he is a servant of the law, and therefore beyond human judgment.
It's from my kid, Mr.
Smarty-Ass college boy.
He left his portable Kafka behind the toilet.
I figured I'd give it a whirl.
That thinking may work in absurdist novels, - but not in real life.
- I don't know, Peter.
That Kafka, he's one smart dude.
When you think about it, you and me We do our dances in the courtroom.
But that's all it is.
We dance around the law.
But Banks, he puts on a badge and a gun out on the street, and he lives, maybe dies by it.
So he can kill with impunity? No, of course not.
But this this broken system that we dance around with, I'm not so sure that it's prepared to judge him.
That's why I'm putting him on the stand tomorrow.
I gotta get home.
I heard how Stevie Detective Kim testified.
The fact is he's colored the picture to his benefit.
Oh, please, explain.
I've lived in the same apartment on the South Side since I joined the force.
I drive a Corolla.
Stephen's got a BMW.
He's the one who wanted the money.
He was the lead detective in every case.
I just went along for the ride.
And why did you do that? I've been doing this job for almost 30 years.
I've learned who's who and what's what.
I look at a guy for a second, I know he's garbage.
And these people we kill, they shoot you as soon as look at you.
City's been paying me for 30 years to protect its citizens.
And the people we shot [chuckles.]
Drug dealers, junkies, killers themselves.
Sooner or later, we'd have to deal with them anyway.
Understood.
So this was all for the greater good? It's my job to do things other people won't or can't do for the greater good.
It's interesting that you say it was your job, Detective Banks.
- Did the city pay you to do it? - In a way, yes.
It's my job to get the bad guys off the street.
The junkies, the dealers, and the killers? Look, I know where you're going, Mr.
Stone.
Were these shootings related to ongoing investigations? No, they were not.
But the thing is a good cop never stops being a cop.
Right.
You see bad, you stop it.
- It's your job.
- That's right.
Right.
You can't help it.
So the $80,000 that you and your partner took from Jerome Creary? What was that? Was that a tip? - Objection.
- Withdrawn.
What was Eric Cates? Was he a dealer, a junkie, or a murderer? He did business with Creary, a gang leader.
So you just assumed he was a What did you call it? - Garbage.
- That's right.
So the kid who mows Mr.
Creary's lawn, he's garbage.
- Course not.
- Why not? He did business with a gang leader.
Or what about the plumber that fixes his pipes? Or what about you? And Detective Kim? Under your theory, you're garbage too, right? I read a story the other day about an off-duty cop, who saw a suspicious looking person approaching a 70-year-old lady.
Now this copper, on his day off, having no duty to do so, he decides to stop this guy, and damned if he doesn't find a gun in his pocket.
Well, that guy was gonna mug that sweet old lady right there on Wacker Drive.
The Mayor himself handed the cop a commendation, and called him a hero.
Detective Banks, he's caught a lot of bad guys in his career.
He's got a closet full of medals to prove it.
Now he doesn't do what he does for a paycheck.
No, he does it, because that's who he is.
To him, the right thing to do is to protect and serve the people of Chicago, and that is what he did here.
He protected all of us from a cancer that is slowly killing this city.
What he did was a public service.
Detective Banks killed Garcia, Vargas, and Ortega, because they were bad guys.
He tried to kill Eric Cates, because he bought drugs from a gangster.
Still, he claims he's not a cold-blooded murderer.
Why? Because he works for the government that's supposed to take care of us.
I read the newspaper too, Mr.
O'Boyle, and a lot of what I read is about someone with a gripe, complaining their constitutional rights have been violated, and demanding that the government use its authority to do something to make it better.
I mean, this is America, right? Now I feel for those people.
I do.
But what they're forgetting is that first and foremost, the constitution was written to limit the government's authority.
Let me ask you this.
Who has more authority than a man with a badge and a gun? When he uses that authority to kill without legal justification, he violates the rights of all of us, and he should go to jail, and he should not get out.
On the first count, first-degree murder, the jury finds the defendant not guilty.
On the second count, first-degree murder, the jury finds the defendant not guilty.
On the third count, first-degree murder, the jury find the defendant not guilty.
On the fourth count, attempted first-degree murder, the jury finds the defendant not guilty.
[indistinct murmuring.]
If I had gone to jail for burglary, I would've been out six months ago.
We will protect you.
- Yeah.
- [elevator dings.]
Lizzie Oh, I didn't I didn't know who else to call.
Why would someone shoot him, Laura? I don't know.
The surgeon said he's gonna make it.
Make it? What does that mean? Eric's strong, Lizzie.
He'll be fine.
- What if he - We will deal with it then.
He was a good brother, Laura.
And he's gonna be a good brother for a long time.
I'm sorry, but I could use a cup of coffee.
Let's let him rest.
- Eric wasn't - No.
He gave all that up after He's working at Gerringer's.
He's doing good, Laura.
- He really is.
- I was sure he was clean.
We had dinner a couple of weeks ago.
He told me.
Yeah, he liked that.
I don't think he ever got over you.
[chuckles.]
Benny Damn Fishbein wouldn't let me out of work.
Thank you, Laura, for being here for her.
Mm.
- Your brother? - We don't we don't know.
He was shot at least three times.
I'm sorry.
This is Laura Gibbs.
- It's Nagel now.
- We grew up together.
- Benny Martinez.
- You work together? - Uh, boyfriend.
- Can you stay with her? Yeah, I won't leave her sight.
You call me as soon as he wakes up.
[indistinct radio chatter.]
[sighs.]
Just passing by.
Had to look.
State's Attorney Investigator Nagel.
I know the victim.
- What do you got? - Well, CSU found shell casings, seven of them, all from a 45 caliber.
This is Eric Cates's vehicle.
[exhales slowly.]
Serious stuff.
Sure gets the job done.
Detective Ken Banks.
Steve Kim, Narcotics.
Why are you guys here? Walk with me.
Did I hear you say you knew the victim? Eric Cates.
His sister called me from the hospital.
- Tough.
- Yeah.
We found a key of heroin.
It was on the floor on the passenger side.
That's his blood, I'm guessing.
We figure the guy was doing a deal, probably keeping this one for himself.
Eric Cates.
Uh, I don't remember him.
You never met.
He was my confidential informant.
He was shot last night.
- Dead? - No, lucky.
He helped us out with an old friend of yours.
Jayson Creary.
Eric gave us the Death Kings' stash house.
You wouldn't have convicted Jayson without it.
You think Jayson put out a hit from Stateville? Jayson's kid brother, Jerome.
He runs the Death Kings now.
He cleans their cash through a fancy car dealership.
I'm thinking he somehow found out that Eric was my CI.
But you're not sure? Eric is a good guy, Peter.
He's been out of the life since you nailed Creary.
- I wanna work it.
- This is CPD's case.
Guys like Eric Cates, they risk their lives for us.
And in return, they get to stay out of prison.
So that means we turn our backs on them? [exhales slowly.]
Fine.
Find out what you can, but stay out of the cops' way.
[chuckles.]
Well, look who decided to show up for work.
- You look like crap.
- We got an attempted murder.
A key of heroin on the floor.
What's that gotta do with us? - Stone said we could work it.
- Could? He was also my CI before you got here.
- You know you're not supposed - You coming? Where to? We're gonna talk to Jerome Creary.
Least you can do is pretend you're looking to buy.
I don't want you scaring off the real customers.
[chuckles.]
Yeah, these things are flying off the shelf.
You'd be surprised.
Peoples got a need for speed, and to look hot when they do it.
We're here about your other business.
Don't do that no more, since you sent big bro to Stateville.
We can look through your books, Jerome, see how much cash you got running through this place, or you can answer a few simple questions.
- What questions? - Eric Cates.
- What about him? - He used to work for you in the business we can't mention, selling the stuff you'd prefer we didn't talk about.
Yeah, I haven't seen him since.
Since you shot him and took his stash last night? Hey, I ain't seen him a couple of years at least.
[sighs.]
So where do you keep these books? Okay, okay.
He worked for my bro, dude.
I got nothing to do with his ass.
If it was a hijack, I'd be looking at Ricky Marscak's crew.
They like taking what ain't theirs.
Your boys in Narcotics got him.
Civilian walks in.
How often do you see an actual Good Samaritan? Tells us he's seen the shooting.
He ID'd Marscak? No, but he saw a hopped-up red Chevy.
We put two and two together, hopped-up red Chevy and a drug heist, and our compass points right to Ricky Marscak.
Thinks he's some kind of Robin of the Hood.
Steals from rich dealers, sells to poor junkies.
There you go.
Minute, Stevie? I got nothing.
Says he was banging some babe whose name he forgot till 3:00 a.
m.
- Mind if I talk to him? - Help yourself.
Maybe I can take a look at that witness statement.
Yeah, right this way.
I'ma tell you the same thing I told your friend.
- Eat me.
- Sorry, I'm on duty.
I'm sure Detective Kim informed you that there is a witness who saw you.
He saw a car that looked like mine.
Lot of Chevys in Chicago.
Driven by guys who are known for hijacking H? You see, that's the problem.
People believe what they hear.
Facebook, Twitter, anybody can say any damn thing.
They can say that Eric Cates is still alive.
It's good if he is, 'cause I didn't shot the S.
O.
B.
Ask him.
He'll tell ya.
Three bullets.
What the hell do you have to live for that's so important? I wanna see the Cubbies repeat.
Oh, that's a good reason as any.
Did you ever tell your partner what happened at prom? Mm, he embarrasses too easy.
Eric the heroin in your car It wasn't mine.
I already told the cops.
And I didn't see Marscak.
I couldn't see diddly.
The lights were in my eyes.
Tell us what you remember.
- I was going home.
- From where? I had a couple beers at McGavins.
Then what? Um, I'm driving down West Lex.
It's one way, right? A car comes towards me.
- A Chevy? - Could be.
Brights were on.
Two guys get out.
I couldn't see their faces.
- They say anything? - I didn't wait around.
I started backing up.
That's all I know.
Witness says he saw a hopped-up red Chevy.
- That's what Marscak drives.
- Red? I couldn't see a lot, but if the car was red, I'd know.
An eyewitness? We don't get that too often.
There may be a discrepancy in Jerry Burrows' statement.
He specifically said that Marscak was driving a red Chevy, only Eric Cates never saw red.
He also saw two shooters.
Burrows said there was only one.
This Burrows guy, he was a good citizen.
Not even a parking ticket.
Then he just became a better witness.
I've got 24 hours to put Marscak in front of a judge.
The crime scene's a good place to start.
That's where Cates was shot.
Jerry Burrows said he left the strip club and was walking home when he heard the shots.
- Where does he live? - LeLand Street.
- It's a few blocks North of here.
- So if it were me, to get from the strip club to Leland at night? I'd walk up Broadway.
It's got a lot more light.
Maybe he just wanted a beef sandwich or a slice of pizza.
Even more reason to walk up Broadway.
We're in the neighborhood.
Why don't we talk to Burrows? Sure.
Damn, I thought we were done with this.
- Done with what? - You're cops, right? We're with the State's Attorney's office.
- You're Jerry Burrows? - Bobby Burrows.
Dad ain't here.
He's working.
Where? All over.
He's a cabbie.
- Look, I'm busy.
- Doing what? Uh, calling my lawyer.
[scoffs.]
If you saw a shooting, and you wanted to be a good citizen, you'd go to the closest District, right? 19's just a few blocks away.
Instead, Burrows walks a mile and a half to Narcotics to make a statement to Banks and Kim.
You want my opinion? No.
I don't think you're approaching this with clear eyes.
- Forget about it.
- Hey, look, I'm just saying.
Everybody looks bad to you, except for the guy shot with a key of H in his car.
Eric and I grew up together, okay? When Dad had too much, his mom took me in.
Jerry Burrows may be clean, but his kid, Bobby, was picked up twice for possession with intent.
Probation both times.
Whoa.
Six months ago, he was arrested for statutory rape.
He had sex with a 15-year-old girl.
Why isn't he making license plates somewhere? Same day the sex charges were dropped, cocaine charges were filed.
Arresting officers in the drug case Detectives Banks and Kim.
Vice sent Bobby Burrows to us.
- He was a harmless junkie.
- Who raped a minor.
Old saying: No victim, no crime.
Girl's parents didn't want the neighbors to think ill of them.
Why didn't the drug charge stick? What would be the point? Bobby Burrows was a minor leaguer.
We felt he'd be more help to us out on the street.
You were Narcotics.
You know the drill.
Let the little fish go to get the big fish, yeah? Bobby Burrows was your CI? He was after we let him scoot.
See, this is where it all gets confusing.
Um, you gotta admit, it's a hell of a coincidence that your CI's father is also a witness in a shooting that you're investigating.
If you're accusing us of something, spit it out.
Cool it, Stevie, they're just doing their jobs.
We did good by Jerry's kid.
He trusted us.
And you believe him? Of course he does.
He gets Ricky Marscak, another medal for his collection.
Hey, you're implying Burrows is lying to make our case.
You did do his kid a solid.
Hey, we're good.
Thanks.
Sorry to bother you.
- You believed that crap? - Not for a second.
- Got a minute, Mr.
Burrows? - Aw, jeez.
Bobby told me you were bothering him.
Just wanna follow up on that shooting you witnessed.
Look, I told the other guys what I saw.
- An orange olds? - It was a Chevy.
- And you said it was red.
- Look, Mr.
Burrows, we know about the problem you have with your son.
Look, it was a mistake with that girl.
Bobby didn't know she was 15.
We also know Detectives Banks and Kim helped Bobby out of that jam.
Now the truth is you don't owe them anything.
- You don't have a kid, do you? - Two, actually.
If Banks and Kim pushed you to say that you saw a red Chevy you didn't really see, an innocent man could do a lot of time.
I saw it, okay? Look, I I don't know what the hell you want from me.
I gotta go.
You want me to say the car was red, the car was red.
You know I don't work like that.
- Look, I'm sorry.
- Forget it.
Somebody's gotta catch the bad guys, right? I was talking about something else.
Do you remember those storage units back in Ravenswood? We used to jump from one rooftop to the other.
You would jump.
I would watch.
Except for that one time.
One more inch, and you would've made it.
- You saved my butt.
- [chuckles.]
I don't think I ever thanked you.
We were seven.
I'm sorry for getting you into all this.
You didn't get me into anything, Laura.
Hell, you kept me out of jail.
And I put a target on your back.
What, you think that this was payback for Creary's brother? You know you can tell me anything, Eric.
- It won't leave this room.
- The heroin wasn't mine.
I don't know how it got into my car.
Either you believe me, or you don't.
Hey, what kind of person would I be if I didn't believe the guy who saved me - from falling off a roof? - [chuckles.]
Do you ever wonder how things might've turned out if you didn't go away to college? Sorry.
- Your partner's been busy.
- Yeah? Okay, what do we know? We know there was heroin in Eric Cates's car.
He swears wasn't his.
Yeah, listen and learn, the lab says it was 10% pure.
That's next to worthless.
Exactly, which got me curious, so I went through case files and found three other incidents of cut heroin being picked up as evidence, all involving murders.
Now first, you have Pedro Garcia.
He was found in his bedroom with three bullets in his chest, two keys of cheap heroin under his bed.
Dead, no arrest.
Miguel Ortega.
He was found behind a bowling alley, - bullet in his head.
- An assassination? One key in his backpack, no arrest.
Luis Vargas.
He was shot in his Taurus.
Bullet through an eye, and just to be sure, one through his heart.
Two keys in his trunk, dead, no arrest.
Now all three were killed within the last 24 months.
What else did they have in common? - Mm, same gang? - Bingo.
23rd Street Jokers.
The Jokers have been in a turf war with the Death Kings for quite some time.
The Death Kings.
That's Jayson Creary's gang.
Which is now run by his little brother, Jerome.
When he's not selling Lamborghinis.
So you're saying all four were shot by Creary? Or on his orders.
But here's the thing, all four shootings were or are currently being investigated by the same Narcotics officers.
Banks and Kim.
Stephen Kim was the lead detective in all of them.
Banks and Kim are covering up murders for the Death Kings? Or they were doing the killings themselves.
Hey, let's not get ahead of ourselves.
For now, let's focus on the Cates shooting.
We need to prove that Jerome Creary knew that Eric Cates informed on his brother.
Do you think that I'm stupid? Why would I tell anybody that I snitched? It had to be somebody on your end.
I checked the PD database.
Nobody accessed your file.
Maybe you mentioned it to someone in passing.
- Lizzie, maybe.
- You know the last thing I'd do is get my kid sister involved in my crap.
Can we get someone to guard him? Our people? I'll stay with him till they show.
I want you to think very hard, Lizzie.
Did you ever tell anyone that I work at the State's Attorney? - Why would I do that? - Just think.
I don't know, like who? A boyfriend? Benny? He knew me, Lizzie.
When he showed up at the hospital, he called me Laura.
Oh, my God.
Was Eric shot because of me? - What did you tell him? - I don't know.
We talked about when When we were kids, how it was funny that you used to talk Eric into cutting school to smoke pot in the park, but now you work for the State's Attorney.
But I don't think I used your name.
- Did Benny - I don't know.
Oh, my God.
[whimpers.]
She talks about you a lot.
You know, she and Eric are really proud.
- They they - Can we cut the crap? [chuckles.]
Is there a problem? Did you ever hear of conspiracy to commit murder? If you happen to tell someone about my relationship with Eric, and that person tries to kill him because of it I didn't know that he would do anything.
Jerome Creary? I owed him 10 grand.
And I may have mentioned that I had a buddy of mine who had a good thing going at the State's Attorney's office, and if he let me slide for a couple of months, maybe I could hook him up with a favor when he needed it.
I want you to think really hard now, Benny.
Did you mention my name? No, why would I do that? It doesn't matter if Eric died or not.
It was conspiracy to murder the moment you agreed No, I didn't agree to anything, okay? - I didn't know, I swear.
- Did you tell Creary my name? Check it out.
Back to buy this time? - Just have one question first.
- Yeah? You have a lawyer? Jerome Creary, you're under arrest for the attempted murder or Eric Cates.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
And why would he confess to anything? Because he has a lot to lose if he doesn't.
[scoffs.]
Like what? Like the next 20 years of your life.
You're forgetting Pedro Garcia, Miguel Ortega, and Luis Vargas.
You gave the order.
They all ended up dead.
Did I say 20? Your great-great-grandchildren will be visiting you in prison.
Okay.
So far, I haven't heard anything that resembles evidence.
We've got the guys who pulled the triggers on his orders.
Oh, really.
And you believe them? Why wouldn't we? They're cops.
- They turned on me? - Shut up, Jerome.
It's still dubious evidence.
But your client's cut heroin isn't.
It was left at every scene.
- I want a deal.
- They can't cut a deal.
You're the one who put Jason away.
As you know, Jerome, I can cut you a deal.
One murder, 1/3 of your sentence.
That's as low as I go.
It's your word against a couple cops.
Killer cops.
They're screwing with you, Jerome.
They need you.
One of them's got how many medals? - Thirteen.
- Yeah.
Your choice, Jerome.
Look, they wouldn't be coming to you with a deal unless they You get to go home and bang that skinny ass wife.
None of this make no difference to you.
We got a deal.
The big dog.
Dawson, right? Grab a seat.
Butchie, get Investigator Dawson a beer, will ya? What brings you here? Memories.
Push to shove, that's all we got.
Hm.
I sat right at that booth with Lyle, Bosco, and Kelly.
You had just brought down Cutler.
And with him, 4 million bucks of cocaine.
You were putting down shots of Jameson faster than I could count.
I said to myself, "Man, that's the cop I wanna be.
" Nothing to be ashamed of, kid.
I looked up to an old copper the same way.
Gerhardt.
You ever hear of him? Yeah.
Well, let me tell you a story or three.
Jesus, what? I'm eating pizza with my family.
Who is it, Stephen? I don't wanna hurt your family, Kim.
Good, get lost then.
I can't do that.
It's work, babe.
Don't wait up.
Put your hands behind your back.
[indistinct radio chatter.]
Okay, let's go.
[phone buzzing.]
Excuse me.
Got it.
Okay.
What you're gonna do is you're gonna stand up, and we're gonna walk out of here like we're high school buddies on our way to a whore house.
- Or what? - Or I'm gonna cuff you right here in front of your fan club.
Docket Number 16CR2876.
People of the State of Illinois versus Kenneth J.
Banks and Stephen T.
Kim.
Charges are first-degree murder, three counts, attempted murder, one count.
You boys have been busy.
What are the People looking for? The People request no bail.
In addition to working for the CPD for the past 11 years, my client is a family man and a solid member of his community.
Defense asks that he be released on an I Bond.
Your Honor, my client is the third most decorated detective in the history of the Chicago Police Department.
If that doesn't get him an I Bond, what will? Their résumés notwithstanding, they're each charged with four violent felonies, Your Honor.
They were paid assassins.
D-Bond set at $250,000 each.
I had hoped we could do this one on one, considering the possible divergent interests.
You can step out if you like, Mr.
Fetzer.
So picture this, two detectives, both solid citizens, heroes even, working afterhours.
They spot a car careening wildly up a one-way street, so they circle the block in an attempt to head him off at the pass.
- This is all hypothetical.
- Oh, purely.
[clears throat.]
So our heroes head towards the culprit's car.
Thank God, he stops.
They get out of their vehicle.
They offer assistance.
They identify themselves.
But the son of a bitch stomps on the gas, hurdling straight towards them.
They shoot in order to preserve their lives.
They drove off, leaving Cates for dead.
They're human.
They panicked.
For that single act of simple malfeasance, they'll plead to leaving the scene.
Jerome Creary will testify that he hired them.
This would be the infamous gangster who's trying to save his own ass.
Forty years.
They do it all.
We'll see you in court.
Talk with Forensics.
See how much of O'Boyle's hypothesis we can disprove.
[sighs.]
Seven bullets entered the car from two weapons.
Can you tell if the car was moving towards or away - from the shooters? - Sorry, we're not that good.
I know what you're thinking, but he might have already been shot when he put the car in reverse.
There was gunshot residue in the front seat of the detective's car, if that helps.
It probably rubbed off their hands.
Here and here.
- This is Banks and Kim's car? - They're the defendants.
Weird, huh? Since when do detective cars have dash cams? They're not supposed to.
Leave it to the bureaucrats.
That puppy has never been turned on.
- You're sure? - Yeah.
Shame too, because the system's activated when the siren's turned on.
It starts recording a minute before the sirens hit.
How does that work? Got me.
I was never a tech guy.
- You sure that's Cates? - That's him.
Let's do this so we can get some sleep.
[car doors open and close.]
[gunshots, glass shattering.]
[tires screeching.]
I can't believe they were that stupid.
They didn't know.
The recorder turns on automatically when the siren is hit.
- I didn't hear a siren.
- Because they didn't use one.
I'm lost.
Virgil in Forensics told me that not only does the siren activate the device, but it starts recording a minute before the siren is turned on.
I can't believe I'm saying this, but how does it know? Been there, believe me, but then I thought about it.
The only way it could start recording before the siren is turned on is if it was always recording, in a continuous loop, erasing older stuff as it goes.
All anyone's usually interested in is the minute before the siren goes off, but it's all there, waiting for a savvy tech guy to dig it out of the hard drive.
I'm very impressed, Anna.
Make copies, and send them to defense counsel.
- Are you sure that's Cates? - That's him.
Let's do this so we can get some sleep.
[car doors open and close.]
[gunshots, glass shattering.]
[tires screeching.]
Well, I'm not one to offer gratuitous advice, but someone should start talking deal.
Well, we would, Your Honor, if it weren't for that pesky Fourth Amendment.
Under Katz v.
U.
S.
, an unauthorized electronic eavesdropping is deemed to be an illegal search and seizure.
You're arguing that the cops needed a search warrant - to bug their own car? - Why not? The issue is not whether or not the car is constitutionally protected.
As we all know, the Fourth Amendment protects people, not places.
And the people in question were CPD officers.
So Your Honor, Mr.
Stone is arguing that on the night that the defendants allegedly shot Mr.
Cates, they were not acting as law enforcement officers, but rather as common criminals, so why shouldn't they be afforded the same protections and rights as the common pimp, cat burglar, or stock swindler? Because when they shot Mr.
Cates, they were acting under color of law.
Good try, Mr.
O'Boyle, but the recordings are admissible.
I was surprised to get your phone call, Mr.
Fetzer.
You were very quiet in the chambers this morning.
I know a losing battle when I see one.
My client wants to put an end to this.
Uh, a few years back, Banks said there's money to be made, and no real people would get hurt.
Real people? You know, at first, all Creary wanted was information.
Is anyone gonna raid one of his joints? Anybody from his crew tipping off the cops? - Stuff like that.
- And you never thought about what Creary was gonna do with that information? What's to think about? I mean, these people don't have any Later, we'd carry drug money, sometimes guns.
I mean, who's gonna rob us, right? And the killing? Just happened.
I mean, these guys are killing each other on a daily basis.
What difference does it make? Okay.
I can't help you.
I'll go to jail for as long as you want.
And what do you want from me? My family, all right? I want them relocated, some place they'll be safe.
He'll testify to anything you want.
[clears throat.]
Life.
Whatever.
Who were the victims? They were the members of the Jokers.
- That's a gang? - Mexicans, yeah.
They were moving product on our turf.
I needed to teach them a lesson.
That's why I squashed Garcia, then Ortega, then Vargas.
You mean you killed them? Me? Nah.
- I paid for that.
- Who did you pay, Mr.
Creary? The defendant, Banks, and his partner, Kim.
- How much did you pay them? - Twenty grand.
- For each murder? - That's right.
That sounds like a lot of money.
You get the cops to do the killing for you, you don't get caught.
Was Eric Cates a member of the 23rd Street Jokers? Nah.
That was personal.
He ratted out my brother.
You're testifying here today as part of a plea deal.
- Isn't that right? - Yeah.
When the State's Attorney's investigators first questioned you about the shooting of Eric Cates, you pointed the finger at somebody else, didn't ya? - A man named Ricky Marscak.
- That's right.
But he had nothing to do with the attempted murder.
I just said it was me.
So then the jury can assume that you're the sort of fella who'd just say anything to save his own behind.
- Objection.
- Withdrawn.
I had a couple drinks with friends from work.
What did you do when you left the bar? I was going home, and that's when I got shot.
- Is that your car? - Yes.
And that? Looks like the dope they found in my car.
What were you going to do with it? Nothing, 'cause it's not mine.
They must've planted it after they shot me.
Did you ever have any dealings with a Jerome Creary? More with his brother, Jayson.
It was a bad time in my life.
I was doing drugs.
I bought from Jayson.
But I've been clean for over a year.
Oh, well, that's good.
And, uh, what instigated your change in life? I was arrested for burglary.
Really? 'Cause I checked your records, and I didn't see any sign of that.
I made a deal.
What sort of deal? I would give State Attorney's Investigators information on Jayson Creary.
- So you're a rat.
- Objection.
Sustained.
You're a confidential informant.
Yes.
In other words, you wash away your own guilt by pointing the finger at someone you conducted regular business with.
No, it wasn't like that.
He sold, you bought.
That's business.
- You sure that's Cates? - That's him.
Let's do this so we can get some sleep.
[car doors open and close.]
[gunshots, glass shattering.]
[tires screeching.]
Do you recognize the voices on that recording? It's me and Detective Banks.
And both of you fired the shots? Yes.
What did you do then? We planted the dope to make the shooting look like part of a drug deal.
- Where did you get the drugs? - From Jerome Creary.
It didn't concern you that another detective would see a pattern in the shootings? Well, there wouldn't be another detective.
We made sure we were always assigned the case.
So you committed the crimes, and then investigated them yourselves? You have to understand, Detective Banks suckered me into all of it.
He tells me my disabled boy deserves better medical treatment, my girl needs the best ballet instructors.
I mean, I know it sounds bad, but killing a gang banger? I mean, what's What's the difference? They would've killed each other anyway.
Eric Cates wasn't a gang banger.
It got out of hand.
What can I say? I'm sorry.
So you're saying that if your boy wasn't disabled, and your daughter wanted to be, say, just a housewife, then none of this would've ever happened? I don't know.
Well, I got a pretty good idea.
- What's that? - It's my house.
- That's in Edgebrook, right? - Yeah.
Damn, I can't afford to live there.
- Objection.
- Eh, withdrawn.
My point is you got a sob story.
We all do.
You get a little greedy.
We all are.
But the thing is, the rest of us? We don't kill for what we want, and we don't blame our partner and our best friend for our own faults and failures! I'm done, Judge.
[indistinct murmuring.]
Well, this one sure gives you a lot to think about.
No, it doesn't.
Your client is the worst kinda guilty.
Whatever he may seem to us, he is a servant of the law, and therefore beyond human judgment.
It's from my kid, Mr.
Smarty-Ass college boy.
He left his portable Kafka behind the toilet.
I figured I'd give it a whirl.
That thinking may work in absurdist novels, - but not in real life.
- I don't know, Peter.
That Kafka, he's one smart dude.
When you think about it, you and me We do our dances in the courtroom.
But that's all it is.
We dance around the law.
But Banks, he puts on a badge and a gun out on the street, and he lives, maybe dies by it.
So he can kill with impunity? No, of course not.
But this this broken system that we dance around with, I'm not so sure that it's prepared to judge him.
That's why I'm putting him on the stand tomorrow.
I gotta get home.
I heard how Stevie Detective Kim testified.
The fact is he's colored the picture to his benefit.
Oh, please, explain.
I've lived in the same apartment on the South Side since I joined the force.
I drive a Corolla.
Stephen's got a BMW.
He's the one who wanted the money.
He was the lead detective in every case.
I just went along for the ride.
And why did you do that? I've been doing this job for almost 30 years.
I've learned who's who and what's what.
I look at a guy for a second, I know he's garbage.
And these people we kill, they shoot you as soon as look at you.
City's been paying me for 30 years to protect its citizens.
And the people we shot [chuckles.]
Drug dealers, junkies, killers themselves.
Sooner or later, we'd have to deal with them anyway.
Understood.
So this was all for the greater good? It's my job to do things other people won't or can't do for the greater good.
It's interesting that you say it was your job, Detective Banks.
- Did the city pay you to do it? - In a way, yes.
It's my job to get the bad guys off the street.
The junkies, the dealers, and the killers? Look, I know where you're going, Mr.
Stone.
Were these shootings related to ongoing investigations? No, they were not.
But the thing is a good cop never stops being a cop.
Right.
You see bad, you stop it.
- It's your job.
- That's right.
Right.
You can't help it.
So the $80,000 that you and your partner took from Jerome Creary? What was that? Was that a tip? - Objection.
- Withdrawn.
What was Eric Cates? Was he a dealer, a junkie, or a murderer? He did business with Creary, a gang leader.
So you just assumed he was a What did you call it? - Garbage.
- That's right.
So the kid who mows Mr.
Creary's lawn, he's garbage.
- Course not.
- Why not? He did business with a gang leader.
Or what about the plumber that fixes his pipes? Or what about you? And Detective Kim? Under your theory, you're garbage too, right? I read a story the other day about an off-duty cop, who saw a suspicious looking person approaching a 70-year-old lady.
Now this copper, on his day off, having no duty to do so, he decides to stop this guy, and damned if he doesn't find a gun in his pocket.
Well, that guy was gonna mug that sweet old lady right there on Wacker Drive.
The Mayor himself handed the cop a commendation, and called him a hero.
Detective Banks, he's caught a lot of bad guys in his career.
He's got a closet full of medals to prove it.
Now he doesn't do what he does for a paycheck.
No, he does it, because that's who he is.
To him, the right thing to do is to protect and serve the people of Chicago, and that is what he did here.
He protected all of us from a cancer that is slowly killing this city.
What he did was a public service.
Detective Banks killed Garcia, Vargas, and Ortega, because they were bad guys.
He tried to kill Eric Cates, because he bought drugs from a gangster.
Still, he claims he's not a cold-blooded murderer.
Why? Because he works for the government that's supposed to take care of us.
I read the newspaper too, Mr.
O'Boyle, and a lot of what I read is about someone with a gripe, complaining their constitutional rights have been violated, and demanding that the government use its authority to do something to make it better.
I mean, this is America, right? Now I feel for those people.
I do.
But what they're forgetting is that first and foremost, the constitution was written to limit the government's authority.
Let me ask you this.
Who has more authority than a man with a badge and a gun? When he uses that authority to kill without legal justification, he violates the rights of all of us, and he should go to jail, and he should not get out.
On the first count, first-degree murder, the jury finds the defendant not guilty.
On the second count, first-degree murder, the jury finds the defendant not guilty.
On the third count, first-degree murder, the jury find the defendant not guilty.
On the fourth count, attempted first-degree murder, the jury finds the defendant not guilty.
[indistinct murmuring.]
If I had gone to jail for burglary, I would've been out six months ago.
We will protect you.
- Yeah.
- [elevator dings.]