Law & Order (1990) s10e05 Episode Script
Justice
NARRATOR: In the criminal justice system the people are represented by two separate yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
A little variety? Would that be a bad thing? The Cohens got a strawberry patch.
You know strawberries give me the hives.
So forget about strawberries.
Why always asparagus, huh? Why not potatoes? Potatoes? Sure.
There are lots of ways to cook potatoes.
Baked, mashed, scalloped, cottage fries.
Cottage fries? All that grease.
A man of your age? Are you looking for a heart attack? Lou? I think we better call 911.
White male.
Mid- to late-30s.
When did he cash in? Way it rained last night, hard to tell.
Eight, 10 hours ago.
So around midnight.
Looks like blunt force upside the head.
With this.
Found it near the entrance.
Blood on the tip over here.
What's their story? Oh, grapes of wrath.
Co-op garden.
The gate's always open.
And nobody saw or heard anything.
You're amazing.
What's with his hands? All scraped up.
Wingtips scratched on the uppers.
Well, he probably landed on the pavement and got dragged in here sometime last night.
Nice selection of tens and twenties.
Probably not a mugging.
Martin Felder, New York Bar Association.
The guy's a lawyer.
Hmm.
I'll be in mourning for the next five minutes.
East Side Athletic Club.
Friends of Lincoln Center.
Metropolitan Museum.
Should have joined the Horticultural Society.
He was working at the office.
He called say that he was going to be very late, so I just went to bed.
He do that often? Work late? Yes.
He's hardly had a day off since the spring.
We didn't even take our vacation.
What was he working on? I don't know.
Look in his briefcase.
We didn't find a briefcase.
Well, he always had it with him.
Did he, uh, have any enemies? Any money problems? Anything of that nature? No.
Martin was a very sweet man.
Anything job-related, like an unhappy client? No.
The only unhappy person at work was Martin.
ED: How's that? It was all corporate work.
He hated it.
But he couldn't afford to quit.
He wanted so much to make a difference.
Marty ran our due diligence team.
He was indispensable.
No one could collate contracts like him.
Do you know what he was collating on West 31st? I wish I knew.
This could all be very embarrassing for the firm.
Not to mention his family.
Was Felder the type to get himself in embarrassing situations? If he was, he wouldn't have been working here.
Right.
Uh, Mr.
Curry, if you don't mind, we'd like to see every piece of business he was working on.
Besides the fact it's all privileged, we do mergers and acquisitions.
Far as I know, no one's ever been killed because of an IPO.
Well, not literally.
I'm sorry, I have to make a conference call.
He had the briefcase with him when he left.
When was that? He said he had a business meeting.
He didn't tell me what it was in regards to.
Would it be in his daytimer? He usually carried that in his briefcase.
I didn't schedule the meeting, so I don't have a record of it.
But you're sure it was business.
Yes.
Mr.
Felder was about work.
It was always about work.
He billed 80, 90 hours a week.
More than anyone else at the firm.
We're going to need whatever personal papers are in here.
I'll get you a box.
I'm starting to think Felder whacked himself over the head.
If I had his life, I might kill myself.
Or find some very creative hobbies.
I don't see how he paid for any hobbies.
Barely any cash in his own account, his wife wrote all the checks.
Guy was on a short leash.
I write all the checks in my house.
Felder charged a rental car to his personal credit card five, six, seven times in the last two months.
Always on a weekday.
On a weekday? Guess he found some time to stretch that leash.
Mr.
Felder always took a mid-size, same-day return.
Eight rentals in two months.
Last one on Monday.
Day before he was killed.
Did Felder happen to say where he was going? No.
Oh, here's something.
Two weeks ago he had a breakdown on the road and had to switch out to another car.
Where? Uh, he dealt with our branch in Clinton.
Doesn't the Department of Corrections also have a branch in Clinton? Felder had a client at the Clinton Correctional Facility.
Death row inmate, Stephen Dupree.
He was his handling his appeal pro bono.
Dupree.
Sounds familiar.
He beat a woman to death during a home robbery four years ago.
Her name was Dana Hagen.
Right.
I remember the husband ran a software company.
He wanted the guy crucified, and he was not shy about it.
Well, the crucifixion's been delayed for the umpteenth time.
Dupree got a stay and filed for a new trial.
His bad luck his lawyer's dead.
Might not be luck.
This Dupree's a piece work.
When the verdict came down he attacked his attorney in the courtroom.
Then he got a new lawyer who quit after Dupree threatened him.
He doesn't handle bad news very well.
Well, if his appeal wasn't going his way, getting rid of Felder could stall the needle a few more years.
He put out a hit? What do you mean, he's dead? He was murdered in the city three days ago.
No.
This can't be happening to me.
It's not.
It happened to Felder.
No, I mean, Felder said he was getting new evidence.
He said he had a shot of getting me out of here.
What new evidence? I don't know.
Just check his files.
The police didn't find any files pertaining to you.
Oh, man, what am I gonna do? You're gonna get yourself another lawyer, another stay, another year or two will go by, which was the whole point of having Felder killed.
What are you talking about? You have a bad track record with lawyers who don't tell you what you want to hear.
No way.
Felder knew I'm innocent.
He said he was on a mission to save my life.
Why would I want him dead? New evidence, Abbie? Favorite fantasy of the appellate advocate.
What was Felder doing exactly? Being a pain in the ass.
He subpoenaed any police files on a Michael Gordon as they related to the Hagen murder.
Who's Michael Gordon? According to Felder, some kind of bad number who could clear his client.
And according to you? Pure smoke.
There's no mention of any Michael Gordon in the murder file.
The appeal was a loser, Abbie.
Same as Dupree.
The husband saw him walking away from the townhouse, even picked him out of a line-up.
Now, I'm sorry about Felder.
I'm even sorrier Dupree is going to be breathing our air a couple of more years because of this.
In New York State alone there are over 100 Michael Gordons with a criminal record.
Felder's subpoena didn't give any more information about Gordon? Just that he's an ex-con.
You didn't find Felder's files on Dupree? No.
Could be in the missing briefcase.
Could be why he was killed in the first place.
If he had information that implicated Gordon in a woman's murder How did a corporate lawyer like Felder find a lowlife like Gordon? P.
I.
Paid by who? We went over Felder's financials, and sure as hell Dupree didn't foot the bill.
Well, maybe Felder's law firm did.
Felder stuck his law firm for my bill, huh? I love it! Gotta give him an "atta boy" for that.
Yeah, well it'll have to be in the next life.
Felder was murdered Tuesday.
No kidding.
Geez, you spend a week in Pompano and everything turns to hell.
Oh! What kind of work did you do for Felder? He had an appeal on a robbery-homicide.
I know some people in that world, so I made some inquiries.
What'd you turn up? A name.
Michael Gordon.
He unloaded some swag from a robbery at the time.
Where can we find him? If I knew that, I would have told Felder.
Well, where'd you hear about Gordon? From the widow of Max Bronstein.
Max ran a fence in the West Forties till the cancer got him a year ago.
You know about the, uh, phone calls that Felder got? No, we don't.
Last week, Felder got a call on his cell phone threatening him if he didn't back off the appeal.
You check into it? Oh, yeah, yeah, yeah, I got the LUDs from the phone company, with no joy.
Call came from a pay phone, Midtown.
Thanks.
Hey.
We don't give out our subscribers' numbers to anybody.
They pay for every call they get, so naturally they don't want unsolicited ones.
So the junk mail I get for special offers for cell phone users, who gave them my name? Well, we do sell our subscriber list to companies.
It's standard practice.
Those lists include the phone numbers? Yes, but they're contractually precluded from calling.
Who'd you sell the list to lately? Let's see.
Two marketing firms and a software company.
What software company? Hagen Software.
As in the husband of the late Dana Hagen.
We design smart cards for cell phones, so of course we buy mailing lists.
It's not illegal.
One of the names you bought was Martin Felder.
Ever hear of him? No.
Why? Who is he? He's a lawyer.
He was filing an appeal for Steven Dupree before he was killed last Tuesday.
Name ring a bell now? Not his name.
No.
He got Dupree a stay of execution.
Did you know that? I didn't know.
You don't remember Victims' Assistance calling you to tell you that Felder filed a new appeal for the son of a bitch who killed your wife? ED: You don't remember calling Felder from a phone booth around the corner from your office? You've been waiting four years to see this dirtbag put down.
We can imagine how that feels.
No, you can't.
Somebody you love gets killed.
The only way you can stay sane is to think about what's gonna happen to the bastard who did it.
Anybody who gets in the way, like some smart lawyer All right! All right, I called him.
I was angry.
That animal, Dupree, killed my wife.
I passed him on the street.
He was coming from our home.
He killed my Dana.
Four years I've waited.
Mr.
Hagen, what you did to Felder, we can I didn't do anything to that man.
I called him.
That's all I did.
What were you doing Monday night? I was in my office with two of my colleagues talking to my supplier in Manila.
BRISCOE: We're gonna check on that.
Dupree? I would kill that man with my bare hands.
But Felder? Please.
What would be the point? Hagen was on an online conference call to the Philippines.
The whole thing was recorded by webcam.
Back to the mysterious Michael Gordon.
If he killed Dana Hagen, he has motive to kill Felder.
Whoa, whoa.
Dana Hagen was killed by Steven Dupree.
Why don't we start by finding Gordon? Gordon's a ghost.
I know you know who prosecuted Dupree.
Andy Wolinsky.
Judge Wolinsky.
The cops go after suspects that don't exist, Dupree's next lawyer is gonna talk the Appellate Court into giving him a new trial.
And then, my friends, there will be enough brownie sandwiches to go around.
We'll handle this on the QT for now.
Just Abbie and Lieutenant Van Buren.
You're the Executive A.
D.
A.
, Jack.
It's entirely your call.
(DOOR OPENING) So, what's the first step? (DOOR CLOSING) There's the widow of the fence who saw Gordon with the stolen goods, but she left for Arizona the day after Felder was found dead.
She won't return our calls.
So we convene a grand jury and issue a subpoena.
I never heard of this Michael Gordon.
Those people, Max knew them.
I didn't.
That's not what you told the private detective.
(LAUGHS) When I was drinking! Whatever I talked about, I didn't know what I was talking about.
Are you afraid of Gordon? Please, I just want to get back to my grandkids in Tucson.
How long do you think it's going to take Gordon to figure out who told Felder about him? We're the only people who can protect you.
After that woman was killed, Max saw it the paper that this kid, Dupree, was arrested for the job.
He said the kid didn't do it.
Max never discussed his work.
But this, this he told me.
He said it was this other guy.
This Mike Gordon.
How did your husband know? He met Gordon at the Blarney Stone, over on 42nd.
That's where he did business.
And Gordon sold him some jewelry from this woman's house.
I told Max, I told him, he should have told the cops when they come by.
But Max said that Gordon would kill us.
What cops came by? The ones that were investigating that woman's murder.
Somebody gave them a tip that Max knew something.
The Hagen file has a notation the investigators talked to Max Bronstein, but there is no report on the interview, no follow-up, no mention of a tip.
Because Ms.
Carmichael, there was no tip.
Judge Wolinsky, the widow was there when Detective Simpson questioned her husband.
One of the first things I learned as an A.
D.
A.
, right after I figured out where to order my pastrami on rye, was that witnesses make mistakes.
Especially about events that occurred four years ago.
And Michael Gordon? I don't know if he killed Martin Felder.
I do know who killed Dana Hagen.
I prosecuted that gentleman, and he's sitting on death row.
I talked to Max.
He absolutely had nothing to do with a tip.
I hit every fence I could find.
None of them knew squat.
Did Michael Gordon's name ever come up? Look, it's Abbie, right? We got the guy who killed Hagen, no question.
Dupree even offered to confess if we took the death penalty off the table.
Then I don't understand, Detective Simpson.
Why is he sitting on death row? Wolinsky turned him down.
With what we had on him, we didn't need his confession.
If the lead A.
D.
A.
And the primary detective say there was no tip This was a big case, wasn't it? A woman beaten to death by a stranger in her Upper East Side home.
Those guys must have had their hands full.
Michael Gordon just fell through the cracks? Well, I'm not saying someone goofed.
For all we know, Gordon just fenced the goods for Dupree.
But until we find him Go with God.
I have sheets on every Michael Gordon in the Tri-State area with a burglary-related conviction in last 10 years.
Twenty-three names.
But six of them were doing time when Dana Hagen was killed, and two more are dead.
Oh, well, that narrows it down.
Max Bronstein worked out of a Blarney Stone on 42nd.
Maybe there are some bartenders there with a good memory for faces.
Yeah, I remember Max.
Uh, club soda when he was working.
Seven-and-seven when he wasn't.
Good tipper.
Bookie right? A fence.
Really? Five years the guy sat at my bar, I never knew that.
He in trouble? Not with us.
He died of cancer last year.
Oh.
I need you to look at a few pictures.
You ever see any of these guys with Max? No face that jumps out at me.
Gordon.
Michael Gordon.
Lot of Mikes.
Him I know.
You sure? Yeah.
He and Maxie did business a couple times.
How long ago? Ooh.
Around the time the Rangers got Gretzky.
Yeah.
Four years ago? Nice set of lock picks, Mike.
Honed by years of use.
And this little pry bar, this is nice.
I've been looking for one just like it.
Where'd you buy it? I'm gonna wait on my lawyer.
What's he gonna tell you you don't already know? This is a parole violation.
You're going back upstate to finish your stretch.
And that's just for openers.
We're putting together a murder case against you.
Maybe two.
You recognize these people? You should.
You killed him to cover up the fact that you killed her.
I didn't kill anybody.
ED: This is from the burglary at the lady's house.
Dana Hagen, if you don't remember.
The twist of the alarm wires, three turns, bent on the side.
That's your signature, Mike.
The same with all your other burglaries.
I know four guys do it the same way.
I said, I'm gonna wait on my lawyer.
Forensics went through Gordon's shoes and clothes.
No blood splatters, no mud from the tomato patch.
Okay.
Start pulling in Gordon's associates.
Maybe he told them about Hagen and Felder.
Hey, Abbie, we might be able to put both bodies on Gordon.
His usual M.
O.
Matches the Hagen burglary.
He show any signs he might want to talk? Not yet, but Jamie.
Hi.
Hey, look at you.
Hey, Lieutenant.
How are you? Never better.
Uh, this is Abbie Carmichael.
Yes, I've heard of you.
Jamie Ross.
I've heard of you, too.
So, what brings you here? Work.
(KNOCKING ON DOOR) Hey, you.
Hello, Detective.
What, are you back with the D.
A.
S? No, Ms.
Ross is Mr.
Gordon's lawyer.
ROSS: You've been talking to my client? Talking at him.
Hadn't he invoked his right to counsel? ROSS: Aside from the parole violation, are there any other charges on the table? Not at this time.
Well, then I'd like a word with my client, and you can book him for arraignment.
I don't understand.
I did this four years ago.
We realize it's upsetting.
Upsetting? It's incomprehensible.
Everyone already knows who killed my wife.
Please, Mr.
Hagen, we need your cooperation.
You recognize someone? Ms.
Carmichael.
I don't recognize anybody.
It's not any of them.
Can I go now? Yes, thank you.
Don't be shy.
Next time, just point to my client.
(SIGHING) CARMICHAEL: He reacted when he saw Gordon.
It might have dawned on him he made a mistake four years ago.
Doesn't matter.
Jamie won't give him another bite at the apple.
How'd she end up representing Gordon anyhow? I thought she was teaching.
Well, he's a holdover from before she joined the D.
A.
's office.
He called her, and I guess she felt some obligation.
She would.
What's the rest of the case against Gordon? The similar M.
O.
, the bartender's I.
D.
, and Max Bronstein's widow.
Coincidence, circumstance and hearsay.
Enough for an indictment.
Get it.
I'll talk to Jamie about a plea.
Life without parole, both counts.
The needle stays in the bag.
If you had convincing evidence on either count, you wouldn't hesitate to put an upstanding citizen like Michael Gordon on death row.
Is that a no? It's an "I'll discuss it with my client, but I won't recommend it.
" The offer won't hold forever.
Once it's gone, you know better than anybody I'll do everything I can to strap Gordon to a gurney.
I know what "everything I can" means.
Then you can impress on your client that he's dealing with a junkyard dog.
This isn't a team effort, Jack.
I'm not an A.
D.
A.
Anymore.
Uh-huh.
Kosovo? Yes, this little girl's father and three brothers were found in a mass grave outside Prestina.
We just turned in our final report to the War Crimes Tribunal last week.
Tough work.
Well, Adam used to say, you clean up the world one lousy brick at a time.
Michael Gordon's what you find hiding under the bricks.
You could have fobbed him off on somebody else.
Some 18-B panel hack? Not on a capital case.
Well, you'll have something to talk about with your students.
Let me know about the plea offer.
End of business day tomorrow.
Have you told Steven Dupree you have another suspect? Not yet.
No sense getting his hopes up.
Especially since you might have to kill him anyway.
Jamie called me back.
Her guy won't deal.
You talk to Eric Hagen? Yeah, he won't budge from his original I.
D.
It's Dupree all the way.
Better safe than sorry.
What's all this? I pulled the complete Hagen file out of storage.
It was worth the allergy attack.
Memo from the Bronx, Property Recovery Unit, Detective Wesley Simpson.
"Please advise regarding disposition of one white platinum bracelet "engraved, 'Love forever'.
" List of property stolen from the Hagen home.
Line 12.
One platinum bracelet, inscription, "Love forever.
" Where was the bracelet found? During a vice squad sweep of Hunts Point four years ago.
It's been in the Bronx in a property room ever since.
Anybody find out how it ended up in Hunts Point? No indications Detective Simpson or anyone else followed up on that memo.
Time somebody did.
Yeah, I used to work the Point, about two lifetimes before this.
You remember being arrested there four years ago? You seen my sheet, right? Think you could keep track of all those busts? I sure as hell can't.
Jasmine, you're on a waiting list for a methadone program.
I can get you moved to the front of that line.
You were arrested with this bracelet.
Yeah, Mack named Bernard gave it to me.
Some silver-plated crap.
Actually, it was solid platinum.
No kidding.
Do you know where he got it? Yeah, from Fat Maxie at a bar over on Forty-Deuce.
The Blarney Stone.
That one.
The cops who arrested you, did they ask where you got it? Yeah, Fat Maxie what I told 'em.
The bracelet was recovered from the girl three weeks into Dupree's trial.
You'd already rested your case.
We didn't know about the bracelet.
The memo about it was in the file.
The bracelet corroborated the tip.
Again with this tip.
Andy, we're not alleging any malfeasance here.
I should hope not.
JACK: This was a high-profile case.
Death penalty, long hours.
You were invested in getting Dupree convicted.
My God, Jack, the guy was arrested in a bar three blocks from the scene.
He was ready to confess.
There was no mistake here, no dereliction.
Whatever happened, now's the time to undo it.
There's nothing to undo.
Forget that an innocent mean might be sitting on death row.
Michael Gordon could get away with two murders.
We need you to confirm the prostitute's story and to confirm you had the tip about Max Bronstein.
These allegations are crap.
Dana Hagen was killed by Steven Dupree, period.
Now, get out.
I put that creep up for office.
This tip, maybe you ought to find out where it came from? After four years? Four years, four days.
Find the tipster, find a witness against Mr.
Gordon.
From the Department of Correction.
Gordon's cellmates, four years ago.
He was at Rikers awaiting trial on a larceny charge.
What I can't figure out is if someone wanted to rat out Gordon, why tip the police about Max Bronstein? Maybe they didn't know about Gordon.
Maybe they just knew Bronstein was fencing goods from the Hagen murder.
I don't think it's something Bronstein would have bragged about.
Everyone said he was discrete.
Maybe Gordon wasn't.
Then back to my original question.
Why not drop the dime on Gordon? Maybe they had no choice.
Here you go.
The complete works of Dupree, Steven, from arraignment to appeals.
Gonna take a little longer to get the trial transcripts.
All I need is the sign-out sheet.
It was last signed out two weeks ago.
This go back four years? It should.
Jamie, can I have a word? Hey, Katie, you remember Mommy's friend, Jack? Hi, Katie.
Just go on up the steps, and I'll meet you in a second.
Jack, you look terrible.
What, you sleep in that suit? You tipped off Andy Wolinsky.
What are you talking about? Four years ago, you were Gordon's lawyer on a larceny case.
Somehow, you found out he killed Dana Hagen.
You had an ethical problem.
You couldn't turn him in.
Jack You did the next best thing.
You pointed the police at his fence, which should have led them straight to Gordon.
I cannot discuss You know the wrong man's on death row.
Two weeks after you joined the D.
A.
's office you signed out Dupree's file.
What were you doing, checking the status of his appeal? I can't have this conversation with you.
You know Gordon did it, don't you? You know it for a fact.
You're gonna stand by and watch Steven Dupree die for a murder he didn't commit? Goodbye, Jack.
Jamie, for God's sake, you cared then, don't you care now? We found the source of the tip.
That'd be quite a feat, since I never got a tip.
I can't reveal the name, but suffice it to say it's a woman.
Another junkie prostitute? Her credibility's above reproach.
Andy, I'm giving you a chance.
You come after me, you make sure you don't leave me standing.
I will use the full power of my office to bury you.
We can't turn this corner unless Jamie tells us what she knows.
We assume she can't because of attorney-client privilege.
Her hands are tied.
Are they? I want you to call her.
Set up a meeting with Gordon.
Where's my client? In the conference room.
I think we should talk first.
I'm going to make Gordon a final offer.
murder counts.
I'll discuss it.
I want you to recommend it.
Based on what? On the fact that we have an ironclad case against him.
Do you? Cards on the table, okay? Wolinsky refuses to concede that he put an innocent man on death row.
He won't even acknowledge that they got the tip about the fence.
Maybe that's because the tip was a dead end.
It wasn't.
There's independent confirmation.
Max Bronstein fenced some jewelry from the Hagens.
The bracelet was found during Dupree's trial.
Wolinsky ignored it.
Of course, in itself it's not enough to prove Dupree's innocence or your client's guilt.
Only the person who called in the tip could do that.
Sorry, I can't help you.
I'm not asking you to break the attorney-client privilege.
But I don't think it would stretch your ethics too much to recommend your client take this deal.
Even if I don't think it's in his best interest? Your job is to achieve the best result for your client.
You know me.
From here on in, it won't get any better for him.
You make the offer.
I'll call it the way I see it.
Steven Dupree.
Don't talk to me about Steven Dupree.
Your office put him in jail.
You get him out.
You know as well as I do that without proof of his innocence or an admission of guilt by your client, the chances of a court overturning a jury verdict are next to nil.
That can't be my problem, Jack.
Let's just make it right, Jamie.
Because, uh, if we're going to play by the rules, you already violated attorney-client privilege when you tipped off Wolinsky, and I, as an officer of the court, I have a duty to inform the Disciplinary Committee and your client.
Is that a threat? Jamie, please.
Just get Gordon to take the plea.
About time.
I'm gonna be late for cookies and milk at Rikers.
I have a one-time offer, Mr.
Gordon.
Your plea of guilty for the murders of Martin Felder and Dana Hagen in return for concurrent sentences of 25-to-life.
You have an hour to make up your mind.
No way.
I want a trial.
Didn't you tell 'em I want a trial? I'm sure Ms.
Ross will agree, a trial's not in your best interest.
(SIGHING) Mr.
Gordon, I'm resigning as your counsel, effective immediately.
While representing you, I violated the code of conduct and breached our attorney-client privilege.
I'll be making a full disclosure to Disciplinary Committee of the New York Bar.
I'll help you find a new attorney.
In the meantime, keep your mouth shut.
Anything she tells the Disciplinary Committee will be kept under seal.
We won't be able to use it against Gordon.
It's brilliant.
I knew there was a reason I hired that young lady.
You're both enjoying this, aren't you? You tried to coerce her into selling out her client.
Lit your own petard, my boy.
A judge can still compel her to testify about what Gordon told her.
How? Her conversations with him are privileged.
Not the ones she divulged to third parties.
Says you.
Whatever I said during an anonymous call four years ago resulted from information I received from Mr.
Gordon.
It's privileged.
She broke the privilege herself when she called Wolinsky.
She can't assert it now.
The privilege belongs to Mr.
Gordon.
Unless he waives it.
Your Honor, her anonymous call contains information crucial to the prosecution of a capital crime committed by Gordon.
Just a minute, Mr.
McCoy.
Ms.
Ross, this tip concerned your client? Yes.
JUDGE: Ms.
Ross I've already informed the Disciplinary Committee.
What did you tell Judge Wolinsky? That he had charged the wrong man in the murder of Dana Hagen, and that a fence named Max Bronstein had received goods stolen from the Hagen home.
And you had gotten this information directly from your client? Yes, among other details relating to the Hagen murder.
When I called Wolinsky the second time, I essentially repeated the same information.
You called Wolinsky again? When? During Steven Dupree's trial, just before the case went to jury.
Mr.
McCoy, it is obvious anything Ms.
Ross might say in court would only further breach Mr.
Gordon's attorney-client privilege.
You cannot use her testimony against him.
Your motion is denied.
Your Honor, I want to use her testimony against a third party.
JUDGE: Who? Andrew Wolinsky.
The People plan to bring charges of attempted murder.
Against Judge Wolinsky? Yes.
Ms.
Ross testifies against him.
Nothing she says can be used against Gordon.
Your Honor JUDGE: Ms.
Ross.
On that limited basis, I don't see a problem.
I'm issuing an order for your testimony.
And I sure hope you know what you're doing, Mr.
McCoy.
BRISCOE: Judge Wolinsky, you mind coming with us? What? What for? You're under arrest for the attempted murder of Steven Dupree.
What is this, a joke? No, Your Honor.
We'll have to ask you to remove the robe.
Call Helen Brolin.
Her number's in my Rolodex.
You have the right to remain silent.
Anything you do say can, and will be used against you ADAM: What in the world were you thinking? What was Wolinsky thinking? Jamie called him twice.
The second time after they found the Hagen bracelet.
It'll be her word against Wolinsky's.
Just because the grand jury believed her I haven't indicted him yet.
I'm hoping Wolinsky will spare himself the embarrassment and fold.
And then? And then give me what I need to convict Gordon.
Oh.
So you don't think that Wolinsky committed attempted murder? Yes, he ignored evidence.
He had reason to believe Dupree was innocent, and he still sent him to death row.
A jury might see that as attempted murder.
They might never see it at all.
Wolinsky just filed for a preliminary hearing.
He just has to convince a judge there isn't sufficient evidence to sustain the charge.
So a fellow judge will decide Judge Wolinsky's fate.
Is that what you meant by folding? JAMIE: During one of our meetings four years ago, Mr.
Gordon boasted that he'd killed Dana Hagen.
The case was in the papers at the time.
Mr.
Gordon provided details.
He even named the person he used to fence jewelry stolen from the Hagen home.
I confirmed enough of his information to know he was telling the truth.
What did you do then? I tried persuading him to come forward, but he refused.
I wasn't sure what to do next.
I I knew I had an obligation to Mr.
Gordon, but I felt what I can only describe as a higher duty to prevent a miscarriage ofjustice.
I called the Bar Association's ethics hotline for guidance.
JACK: What did they tell you? JAMIE: That my safest course of action was to do nothing.
But I couldn't accept that.
That's when I placed an anonymous call to Andrew Wolinsky.
JACK: What did you tell him? (SIGHING) I didn't want to implicate my client, but I wanted to give just enough information to clear Mr.
Dupree.
So, I told Mr.
Wolinsky that Steven Dupree was innocent.
I told him about the fence, Max Bronstein, about the stolen jewelry.
JACK: How did Mr.
Wolinsky respond? He took down Max Bronstein's name, thanked me, and hung up.
Did you follow up? Yes.
A few weeks later, after Mr.
Dupree's case had proceeded to trial, I called Mr.
Wolinsky again.
I remember it was the day just before the summations.
August 20th.
Did you know that by that time Dana Hagen's bracelet had been recovered and traced to Max Bronstein? No.
What did you tell Mr.
Wolinsky on August 20th? I repeated what I told him the first time.
I offered to give him more information.
I was ready to go out on a limb.
What did Mr.
Wolinsky say? He said that he was a very busy man.
That it was a crime to provide false information to the police.
And then, he hung up on me.
Thank you.
Did you tape these calls? Keep any phone records? No.
So all we have is your word.
Why would I admit violating the code of conduct? Good question.
Since you left the District Attorney's Office, you've done pro bono work for the Southern Poverty Law Center.
Yes, some work.
They're an anti-death penalty advocacy group, aren't they? JAMIE: That's only one aspect of their work.
Are you opposed to the death penalty? Objection.
Relevance.
Goes to credibility.
Overruled.
Answer her question, Ms.
Ross.
Yes, I'm opposed to the death penalty.
Did you always feel this way? No.
What changed your mind? When I worked at the D.
A's office, I saw the death penalty applied.
A.
D.
A's are overworked.
They're competitive.
They often act out of their own prejudices or personal hurts.
What they think the politics demands.
They make mistakes.
Errors ofjudgment.
The death penalty is final.
It eliminates any chance of correcting those mistakes.
How moving.
And how fortunate you stumbled across a perfect example of your thesis.
I didn't make up what Michael Gordon told me.
I wouldn't lie.
You're St.
Joan of Hogan Place.
You are moved by a call to a higher duty.
It allows you to violate Mr.
Gordon's confidence.
That's not what I meant.
Why wouldn't it allow you to lie? I didn't lie.
You lied to Michael Gordon.
You told him you'd keep his confidences, didn't you? Yes.
You lie when it suits you.
You change opinions the way I change blouses.
You flit from one cause to another.
Objection.
Why should we believe anything you tell this court? Ms.
Brolin, you made your point.
Then no more questions, Your Honor.
(SIGHING) I worked on the Hagen case for nearly 18 months.
I spoke with dozens of witnesses, read over 100 police reports, and received I don't know how many phone calls.
But I don't remember getting any calls like the ones Ms.
Ross described.
Did you receive any tips at all? Not personally, no.
But the police did.
Cases like these always generate a lot of tips, most of them false.
If there had been any that led anywhere, I'm sure the police would have told me.
Now, Judge, as you sit here today under oath, are you still convinced you put the right man on death row for the murder of Dana Hagen? Yes.
Without a doubt, absolutely.
Thank you.
So I guess you don't make mistakes.
(SCOFFS) Not in this case, no.
What about the bracelet that sat on a shelf in the Bronx for four years? I was unaware of that until you brought it to my attention.
If you weren't aware, whose fault is that? The police? I suppose so.
If that lead wasn't followed, again, that's the fault of the police? If it was a legitimate lead, yes.
It's up to them to investigate it.
But my guess is Mr.
Dupree disposed of the bracelet before he was arrested.
But since the investigating detectives didn't do their job, we'll never know.
It's moot.
Dupree was identified by the victim's husband.
As a former prosecutor, you're aware of the studies documenting the unreliability of eyewitnesses? Yes.
JACK: Mr.
Hagen got a quick glimpse of the suspect on a dark street.
He might have been mistaken, yes? It's possible.
But you're forgetting the fact that Mr.
Dupree offered to confess.
On the advice of his attorney, and only if you took the death penalty off the table.
Yes.
If it turns out that he is innocent, his lawyer gave him bad advice.
I'd say so.
In the unlikely event he's innocent.
If he is, his conviction is the result of terrible mistakes by the police, by Mr.
Hagen, by Dupree's attorney, by Dupree himself.
By everyone except you, because you don't mistakes.
Isn't that what you're saying? No, no, no, no, no.
If the evidence had been there, I would have looked into it.
You were afraid to.
You were to about deliver your summation.
Dupree had to be your guy.
That's not true.
Three days after Dupree was sentenced to death, didn't you ask Adam Schiff to put your name up for a judgeship? Yes or no? Yes.
Dupree's conviction was your ticket to the bench.
No.
Isn't that why you turned down his offer of a confession? No.
Isn't that why you ignored Ms.
Ross's phone calls? ANDREW: No, I didn't JACK: Because it wasn't a mistake? You placed your ambition above a man's life.
I know down to my bones that Steven Dupree is guilty.
You'll never convince me otherwise.
We start second guessing ourselves, pretty soon the public starts second guessing the process.
And society won't tolerate that.
It needs the certainty ofjustice.
JACK: Your Honor You look at the facts, you decide on a course of action, and then you stick to it.
That is how I work, Mr.
McCoy! That is how we all work.
JUDGE: Given the record before me, I see no credible reason to reject Ms.
Ross's testimony.
That being said, let me add, in the heat of a trial, details can be overlooked.
We all wish the administration ofjustice could have been more diligent.
However, I see no evidence of a crucial element of a crime of attempted murder.
I see no evidence of intent.
If Judge Wolinsky committed any wrong, it was a crime of arrogance, not design.
Therefore, I find insufficient evidence to allow this matter to proceed.
The charge is dismissed.
(BANGS GAVEL) Mr.
McCoy, anywhere we can talk? What is it you wanted to tell us? Bronx vice sent over the hooker's bracelet in the middle of Dupree's trial.
I had it tested for prints.
We found Max Bronstein and Michael Gordon's.
Did Wolinsky know? Uh-huh.
I showed him the report.
He asked me if I still thought Dupree did it.
I I told him I'd have a hard time finding him guilty.
Wolinsky said he wouldn't.
CARMICHAEL: What did you do? Wolinsky told me to wipe off the bracelet and send it back to the Bronx.
He wanted all copies of the fingerprint report.
And that's how the police screwed up and let old Andy Wolinsky down.
Did you keep a copy of the report? No.
But there was one I couldn't get rid of.
This report was in Latent's files.
Now it's in ours.
You still want a trial, Mr.
Gordon? It's your right.
Well, defense's exhibit one is Steven Dupree's conviction.
Which I guarantee will be voided by the time your client comes to trial.
The offer is still and Martin Felder.
I want to remind you you'll be facing the death penalty for Martin Felder.
I'll take it.
I'll do the quarter.
Gordon pleaded out.
I heard.
We re-filed against Wolinsky.
Let's see what happens.
The committee ask you to testify? No.
(SIGHING) Last time I was here, it wasn't by choice.
I hated the It's okay.
Whatever you told them, it softened the blow.
Life's a funny old dog, isn't it? (CHUCKLES) I'm scared, Jack.
I love the law.
These are their stories.
A little variety? Would that be a bad thing? The Cohens got a strawberry patch.
You know strawberries give me the hives.
So forget about strawberries.
Why always asparagus, huh? Why not potatoes? Potatoes? Sure.
There are lots of ways to cook potatoes.
Baked, mashed, scalloped, cottage fries.
Cottage fries? All that grease.
A man of your age? Are you looking for a heart attack? Lou? I think we better call 911.
White male.
Mid- to late-30s.
When did he cash in? Way it rained last night, hard to tell.
Eight, 10 hours ago.
So around midnight.
Looks like blunt force upside the head.
With this.
Found it near the entrance.
Blood on the tip over here.
What's their story? Oh, grapes of wrath.
Co-op garden.
The gate's always open.
And nobody saw or heard anything.
You're amazing.
What's with his hands? All scraped up.
Wingtips scratched on the uppers.
Well, he probably landed on the pavement and got dragged in here sometime last night.
Nice selection of tens and twenties.
Probably not a mugging.
Martin Felder, New York Bar Association.
The guy's a lawyer.
Hmm.
I'll be in mourning for the next five minutes.
East Side Athletic Club.
Friends of Lincoln Center.
Metropolitan Museum.
Should have joined the Horticultural Society.
He was working at the office.
He called say that he was going to be very late, so I just went to bed.
He do that often? Work late? Yes.
He's hardly had a day off since the spring.
We didn't even take our vacation.
What was he working on? I don't know.
Look in his briefcase.
We didn't find a briefcase.
Well, he always had it with him.
Did he, uh, have any enemies? Any money problems? Anything of that nature? No.
Martin was a very sweet man.
Anything job-related, like an unhappy client? No.
The only unhappy person at work was Martin.
ED: How's that? It was all corporate work.
He hated it.
But he couldn't afford to quit.
He wanted so much to make a difference.
Marty ran our due diligence team.
He was indispensable.
No one could collate contracts like him.
Do you know what he was collating on West 31st? I wish I knew.
This could all be very embarrassing for the firm.
Not to mention his family.
Was Felder the type to get himself in embarrassing situations? If he was, he wouldn't have been working here.
Right.
Uh, Mr.
Curry, if you don't mind, we'd like to see every piece of business he was working on.
Besides the fact it's all privileged, we do mergers and acquisitions.
Far as I know, no one's ever been killed because of an IPO.
Well, not literally.
I'm sorry, I have to make a conference call.
He had the briefcase with him when he left.
When was that? He said he had a business meeting.
He didn't tell me what it was in regards to.
Would it be in his daytimer? He usually carried that in his briefcase.
I didn't schedule the meeting, so I don't have a record of it.
But you're sure it was business.
Yes.
Mr.
Felder was about work.
It was always about work.
He billed 80, 90 hours a week.
More than anyone else at the firm.
We're going to need whatever personal papers are in here.
I'll get you a box.
I'm starting to think Felder whacked himself over the head.
If I had his life, I might kill myself.
Or find some very creative hobbies.
I don't see how he paid for any hobbies.
Barely any cash in his own account, his wife wrote all the checks.
Guy was on a short leash.
I write all the checks in my house.
Felder charged a rental car to his personal credit card five, six, seven times in the last two months.
Always on a weekday.
On a weekday? Guess he found some time to stretch that leash.
Mr.
Felder always took a mid-size, same-day return.
Eight rentals in two months.
Last one on Monday.
Day before he was killed.
Did Felder happen to say where he was going? No.
Oh, here's something.
Two weeks ago he had a breakdown on the road and had to switch out to another car.
Where? Uh, he dealt with our branch in Clinton.
Doesn't the Department of Corrections also have a branch in Clinton? Felder had a client at the Clinton Correctional Facility.
Death row inmate, Stephen Dupree.
He was his handling his appeal pro bono.
Dupree.
Sounds familiar.
He beat a woman to death during a home robbery four years ago.
Her name was Dana Hagen.
Right.
I remember the husband ran a software company.
He wanted the guy crucified, and he was not shy about it.
Well, the crucifixion's been delayed for the umpteenth time.
Dupree got a stay and filed for a new trial.
His bad luck his lawyer's dead.
Might not be luck.
This Dupree's a piece work.
When the verdict came down he attacked his attorney in the courtroom.
Then he got a new lawyer who quit after Dupree threatened him.
He doesn't handle bad news very well.
Well, if his appeal wasn't going his way, getting rid of Felder could stall the needle a few more years.
He put out a hit? What do you mean, he's dead? He was murdered in the city three days ago.
No.
This can't be happening to me.
It's not.
It happened to Felder.
No, I mean, Felder said he was getting new evidence.
He said he had a shot of getting me out of here.
What new evidence? I don't know.
Just check his files.
The police didn't find any files pertaining to you.
Oh, man, what am I gonna do? You're gonna get yourself another lawyer, another stay, another year or two will go by, which was the whole point of having Felder killed.
What are you talking about? You have a bad track record with lawyers who don't tell you what you want to hear.
No way.
Felder knew I'm innocent.
He said he was on a mission to save my life.
Why would I want him dead? New evidence, Abbie? Favorite fantasy of the appellate advocate.
What was Felder doing exactly? Being a pain in the ass.
He subpoenaed any police files on a Michael Gordon as they related to the Hagen murder.
Who's Michael Gordon? According to Felder, some kind of bad number who could clear his client.
And according to you? Pure smoke.
There's no mention of any Michael Gordon in the murder file.
The appeal was a loser, Abbie.
Same as Dupree.
The husband saw him walking away from the townhouse, even picked him out of a line-up.
Now, I'm sorry about Felder.
I'm even sorrier Dupree is going to be breathing our air a couple of more years because of this.
In New York State alone there are over 100 Michael Gordons with a criminal record.
Felder's subpoena didn't give any more information about Gordon? Just that he's an ex-con.
You didn't find Felder's files on Dupree? No.
Could be in the missing briefcase.
Could be why he was killed in the first place.
If he had information that implicated Gordon in a woman's murder How did a corporate lawyer like Felder find a lowlife like Gordon? P.
I.
Paid by who? We went over Felder's financials, and sure as hell Dupree didn't foot the bill.
Well, maybe Felder's law firm did.
Felder stuck his law firm for my bill, huh? I love it! Gotta give him an "atta boy" for that.
Yeah, well it'll have to be in the next life.
Felder was murdered Tuesday.
No kidding.
Geez, you spend a week in Pompano and everything turns to hell.
Oh! What kind of work did you do for Felder? He had an appeal on a robbery-homicide.
I know some people in that world, so I made some inquiries.
What'd you turn up? A name.
Michael Gordon.
He unloaded some swag from a robbery at the time.
Where can we find him? If I knew that, I would have told Felder.
Well, where'd you hear about Gordon? From the widow of Max Bronstein.
Max ran a fence in the West Forties till the cancer got him a year ago.
You know about the, uh, phone calls that Felder got? No, we don't.
Last week, Felder got a call on his cell phone threatening him if he didn't back off the appeal.
You check into it? Oh, yeah, yeah, yeah, I got the LUDs from the phone company, with no joy.
Call came from a pay phone, Midtown.
Thanks.
Hey.
We don't give out our subscribers' numbers to anybody.
They pay for every call they get, so naturally they don't want unsolicited ones.
So the junk mail I get for special offers for cell phone users, who gave them my name? Well, we do sell our subscriber list to companies.
It's standard practice.
Those lists include the phone numbers? Yes, but they're contractually precluded from calling.
Who'd you sell the list to lately? Let's see.
Two marketing firms and a software company.
What software company? Hagen Software.
As in the husband of the late Dana Hagen.
We design smart cards for cell phones, so of course we buy mailing lists.
It's not illegal.
One of the names you bought was Martin Felder.
Ever hear of him? No.
Why? Who is he? He's a lawyer.
He was filing an appeal for Steven Dupree before he was killed last Tuesday.
Name ring a bell now? Not his name.
No.
He got Dupree a stay of execution.
Did you know that? I didn't know.
You don't remember Victims' Assistance calling you to tell you that Felder filed a new appeal for the son of a bitch who killed your wife? ED: You don't remember calling Felder from a phone booth around the corner from your office? You've been waiting four years to see this dirtbag put down.
We can imagine how that feels.
No, you can't.
Somebody you love gets killed.
The only way you can stay sane is to think about what's gonna happen to the bastard who did it.
Anybody who gets in the way, like some smart lawyer All right! All right, I called him.
I was angry.
That animal, Dupree, killed my wife.
I passed him on the street.
He was coming from our home.
He killed my Dana.
Four years I've waited.
Mr.
Hagen, what you did to Felder, we can I didn't do anything to that man.
I called him.
That's all I did.
What were you doing Monday night? I was in my office with two of my colleagues talking to my supplier in Manila.
BRISCOE: We're gonna check on that.
Dupree? I would kill that man with my bare hands.
But Felder? Please.
What would be the point? Hagen was on an online conference call to the Philippines.
The whole thing was recorded by webcam.
Back to the mysterious Michael Gordon.
If he killed Dana Hagen, he has motive to kill Felder.
Whoa, whoa.
Dana Hagen was killed by Steven Dupree.
Why don't we start by finding Gordon? Gordon's a ghost.
I know you know who prosecuted Dupree.
Andy Wolinsky.
Judge Wolinsky.
The cops go after suspects that don't exist, Dupree's next lawyer is gonna talk the Appellate Court into giving him a new trial.
And then, my friends, there will be enough brownie sandwiches to go around.
We'll handle this on the QT for now.
Just Abbie and Lieutenant Van Buren.
You're the Executive A.
D.
A.
, Jack.
It's entirely your call.
(DOOR OPENING) So, what's the first step? (DOOR CLOSING) There's the widow of the fence who saw Gordon with the stolen goods, but she left for Arizona the day after Felder was found dead.
She won't return our calls.
So we convene a grand jury and issue a subpoena.
I never heard of this Michael Gordon.
Those people, Max knew them.
I didn't.
That's not what you told the private detective.
(LAUGHS) When I was drinking! Whatever I talked about, I didn't know what I was talking about.
Are you afraid of Gordon? Please, I just want to get back to my grandkids in Tucson.
How long do you think it's going to take Gordon to figure out who told Felder about him? We're the only people who can protect you.
After that woman was killed, Max saw it the paper that this kid, Dupree, was arrested for the job.
He said the kid didn't do it.
Max never discussed his work.
But this, this he told me.
He said it was this other guy.
This Mike Gordon.
How did your husband know? He met Gordon at the Blarney Stone, over on 42nd.
That's where he did business.
And Gordon sold him some jewelry from this woman's house.
I told Max, I told him, he should have told the cops when they come by.
But Max said that Gordon would kill us.
What cops came by? The ones that were investigating that woman's murder.
Somebody gave them a tip that Max knew something.
The Hagen file has a notation the investigators talked to Max Bronstein, but there is no report on the interview, no follow-up, no mention of a tip.
Because Ms.
Carmichael, there was no tip.
Judge Wolinsky, the widow was there when Detective Simpson questioned her husband.
One of the first things I learned as an A.
D.
A.
, right after I figured out where to order my pastrami on rye, was that witnesses make mistakes.
Especially about events that occurred four years ago.
And Michael Gordon? I don't know if he killed Martin Felder.
I do know who killed Dana Hagen.
I prosecuted that gentleman, and he's sitting on death row.
I talked to Max.
He absolutely had nothing to do with a tip.
I hit every fence I could find.
None of them knew squat.
Did Michael Gordon's name ever come up? Look, it's Abbie, right? We got the guy who killed Hagen, no question.
Dupree even offered to confess if we took the death penalty off the table.
Then I don't understand, Detective Simpson.
Why is he sitting on death row? Wolinsky turned him down.
With what we had on him, we didn't need his confession.
If the lead A.
D.
A.
And the primary detective say there was no tip This was a big case, wasn't it? A woman beaten to death by a stranger in her Upper East Side home.
Those guys must have had their hands full.
Michael Gordon just fell through the cracks? Well, I'm not saying someone goofed.
For all we know, Gordon just fenced the goods for Dupree.
But until we find him Go with God.
I have sheets on every Michael Gordon in the Tri-State area with a burglary-related conviction in last 10 years.
Twenty-three names.
But six of them were doing time when Dana Hagen was killed, and two more are dead.
Oh, well, that narrows it down.
Max Bronstein worked out of a Blarney Stone on 42nd.
Maybe there are some bartenders there with a good memory for faces.
Yeah, I remember Max.
Uh, club soda when he was working.
Seven-and-seven when he wasn't.
Good tipper.
Bookie right? A fence.
Really? Five years the guy sat at my bar, I never knew that.
He in trouble? Not with us.
He died of cancer last year.
Oh.
I need you to look at a few pictures.
You ever see any of these guys with Max? No face that jumps out at me.
Gordon.
Michael Gordon.
Lot of Mikes.
Him I know.
You sure? Yeah.
He and Maxie did business a couple times.
How long ago? Ooh.
Around the time the Rangers got Gretzky.
Yeah.
Four years ago? Nice set of lock picks, Mike.
Honed by years of use.
And this little pry bar, this is nice.
I've been looking for one just like it.
Where'd you buy it? I'm gonna wait on my lawyer.
What's he gonna tell you you don't already know? This is a parole violation.
You're going back upstate to finish your stretch.
And that's just for openers.
We're putting together a murder case against you.
Maybe two.
You recognize these people? You should.
You killed him to cover up the fact that you killed her.
I didn't kill anybody.
ED: This is from the burglary at the lady's house.
Dana Hagen, if you don't remember.
The twist of the alarm wires, three turns, bent on the side.
That's your signature, Mike.
The same with all your other burglaries.
I know four guys do it the same way.
I said, I'm gonna wait on my lawyer.
Forensics went through Gordon's shoes and clothes.
No blood splatters, no mud from the tomato patch.
Okay.
Start pulling in Gordon's associates.
Maybe he told them about Hagen and Felder.
Hey, Abbie, we might be able to put both bodies on Gordon.
His usual M.
O.
Matches the Hagen burglary.
He show any signs he might want to talk? Not yet, but Jamie.
Hi.
Hey, look at you.
Hey, Lieutenant.
How are you? Never better.
Uh, this is Abbie Carmichael.
Yes, I've heard of you.
Jamie Ross.
I've heard of you, too.
So, what brings you here? Work.
(KNOCKING ON DOOR) Hey, you.
Hello, Detective.
What, are you back with the D.
A.
S? No, Ms.
Ross is Mr.
Gordon's lawyer.
ROSS: You've been talking to my client? Talking at him.
Hadn't he invoked his right to counsel? ROSS: Aside from the parole violation, are there any other charges on the table? Not at this time.
Well, then I'd like a word with my client, and you can book him for arraignment.
I don't understand.
I did this four years ago.
We realize it's upsetting.
Upsetting? It's incomprehensible.
Everyone already knows who killed my wife.
Please, Mr.
Hagen, we need your cooperation.
You recognize someone? Ms.
Carmichael.
I don't recognize anybody.
It's not any of them.
Can I go now? Yes, thank you.
Don't be shy.
Next time, just point to my client.
(SIGHING) CARMICHAEL: He reacted when he saw Gordon.
It might have dawned on him he made a mistake four years ago.
Doesn't matter.
Jamie won't give him another bite at the apple.
How'd she end up representing Gordon anyhow? I thought she was teaching.
Well, he's a holdover from before she joined the D.
A.
's office.
He called her, and I guess she felt some obligation.
She would.
What's the rest of the case against Gordon? The similar M.
O.
, the bartender's I.
D.
, and Max Bronstein's widow.
Coincidence, circumstance and hearsay.
Enough for an indictment.
Get it.
I'll talk to Jamie about a plea.
Life without parole, both counts.
The needle stays in the bag.
If you had convincing evidence on either count, you wouldn't hesitate to put an upstanding citizen like Michael Gordon on death row.
Is that a no? It's an "I'll discuss it with my client, but I won't recommend it.
" The offer won't hold forever.
Once it's gone, you know better than anybody I'll do everything I can to strap Gordon to a gurney.
I know what "everything I can" means.
Then you can impress on your client that he's dealing with a junkyard dog.
This isn't a team effort, Jack.
I'm not an A.
D.
A.
Anymore.
Uh-huh.
Kosovo? Yes, this little girl's father and three brothers were found in a mass grave outside Prestina.
We just turned in our final report to the War Crimes Tribunal last week.
Tough work.
Well, Adam used to say, you clean up the world one lousy brick at a time.
Michael Gordon's what you find hiding under the bricks.
You could have fobbed him off on somebody else.
Some 18-B panel hack? Not on a capital case.
Well, you'll have something to talk about with your students.
Let me know about the plea offer.
End of business day tomorrow.
Have you told Steven Dupree you have another suspect? Not yet.
No sense getting his hopes up.
Especially since you might have to kill him anyway.
Jamie called me back.
Her guy won't deal.
You talk to Eric Hagen? Yeah, he won't budge from his original I.
D.
It's Dupree all the way.
Better safe than sorry.
What's all this? I pulled the complete Hagen file out of storage.
It was worth the allergy attack.
Memo from the Bronx, Property Recovery Unit, Detective Wesley Simpson.
"Please advise regarding disposition of one white platinum bracelet "engraved, 'Love forever'.
" List of property stolen from the Hagen home.
Line 12.
One platinum bracelet, inscription, "Love forever.
" Where was the bracelet found? During a vice squad sweep of Hunts Point four years ago.
It's been in the Bronx in a property room ever since.
Anybody find out how it ended up in Hunts Point? No indications Detective Simpson or anyone else followed up on that memo.
Time somebody did.
Yeah, I used to work the Point, about two lifetimes before this.
You remember being arrested there four years ago? You seen my sheet, right? Think you could keep track of all those busts? I sure as hell can't.
Jasmine, you're on a waiting list for a methadone program.
I can get you moved to the front of that line.
You were arrested with this bracelet.
Yeah, Mack named Bernard gave it to me.
Some silver-plated crap.
Actually, it was solid platinum.
No kidding.
Do you know where he got it? Yeah, from Fat Maxie at a bar over on Forty-Deuce.
The Blarney Stone.
That one.
The cops who arrested you, did they ask where you got it? Yeah, Fat Maxie what I told 'em.
The bracelet was recovered from the girl three weeks into Dupree's trial.
You'd already rested your case.
We didn't know about the bracelet.
The memo about it was in the file.
The bracelet corroborated the tip.
Again with this tip.
Andy, we're not alleging any malfeasance here.
I should hope not.
JACK: This was a high-profile case.
Death penalty, long hours.
You were invested in getting Dupree convicted.
My God, Jack, the guy was arrested in a bar three blocks from the scene.
He was ready to confess.
There was no mistake here, no dereliction.
Whatever happened, now's the time to undo it.
There's nothing to undo.
Forget that an innocent mean might be sitting on death row.
Michael Gordon could get away with two murders.
We need you to confirm the prostitute's story and to confirm you had the tip about Max Bronstein.
These allegations are crap.
Dana Hagen was killed by Steven Dupree, period.
Now, get out.
I put that creep up for office.
This tip, maybe you ought to find out where it came from? After four years? Four years, four days.
Find the tipster, find a witness against Mr.
Gordon.
From the Department of Correction.
Gordon's cellmates, four years ago.
He was at Rikers awaiting trial on a larceny charge.
What I can't figure out is if someone wanted to rat out Gordon, why tip the police about Max Bronstein? Maybe they didn't know about Gordon.
Maybe they just knew Bronstein was fencing goods from the Hagen murder.
I don't think it's something Bronstein would have bragged about.
Everyone said he was discrete.
Maybe Gordon wasn't.
Then back to my original question.
Why not drop the dime on Gordon? Maybe they had no choice.
Here you go.
The complete works of Dupree, Steven, from arraignment to appeals.
Gonna take a little longer to get the trial transcripts.
All I need is the sign-out sheet.
It was last signed out two weeks ago.
This go back four years? It should.
Jamie, can I have a word? Hey, Katie, you remember Mommy's friend, Jack? Hi, Katie.
Just go on up the steps, and I'll meet you in a second.
Jack, you look terrible.
What, you sleep in that suit? You tipped off Andy Wolinsky.
What are you talking about? Four years ago, you were Gordon's lawyer on a larceny case.
Somehow, you found out he killed Dana Hagen.
You had an ethical problem.
You couldn't turn him in.
Jack You did the next best thing.
You pointed the police at his fence, which should have led them straight to Gordon.
I cannot discuss You know the wrong man's on death row.
Two weeks after you joined the D.
A.
's office you signed out Dupree's file.
What were you doing, checking the status of his appeal? I can't have this conversation with you.
You know Gordon did it, don't you? You know it for a fact.
You're gonna stand by and watch Steven Dupree die for a murder he didn't commit? Goodbye, Jack.
Jamie, for God's sake, you cared then, don't you care now? We found the source of the tip.
That'd be quite a feat, since I never got a tip.
I can't reveal the name, but suffice it to say it's a woman.
Another junkie prostitute? Her credibility's above reproach.
Andy, I'm giving you a chance.
You come after me, you make sure you don't leave me standing.
I will use the full power of my office to bury you.
We can't turn this corner unless Jamie tells us what she knows.
We assume she can't because of attorney-client privilege.
Her hands are tied.
Are they? I want you to call her.
Set up a meeting with Gordon.
Where's my client? In the conference room.
I think we should talk first.
I'm going to make Gordon a final offer.
murder counts.
I'll discuss it.
I want you to recommend it.
Based on what? On the fact that we have an ironclad case against him.
Do you? Cards on the table, okay? Wolinsky refuses to concede that he put an innocent man on death row.
He won't even acknowledge that they got the tip about the fence.
Maybe that's because the tip was a dead end.
It wasn't.
There's independent confirmation.
Max Bronstein fenced some jewelry from the Hagens.
The bracelet was found during Dupree's trial.
Wolinsky ignored it.
Of course, in itself it's not enough to prove Dupree's innocence or your client's guilt.
Only the person who called in the tip could do that.
Sorry, I can't help you.
I'm not asking you to break the attorney-client privilege.
But I don't think it would stretch your ethics too much to recommend your client take this deal.
Even if I don't think it's in his best interest? Your job is to achieve the best result for your client.
You know me.
From here on in, it won't get any better for him.
You make the offer.
I'll call it the way I see it.
Steven Dupree.
Don't talk to me about Steven Dupree.
Your office put him in jail.
You get him out.
You know as well as I do that without proof of his innocence or an admission of guilt by your client, the chances of a court overturning a jury verdict are next to nil.
That can't be my problem, Jack.
Let's just make it right, Jamie.
Because, uh, if we're going to play by the rules, you already violated attorney-client privilege when you tipped off Wolinsky, and I, as an officer of the court, I have a duty to inform the Disciplinary Committee and your client.
Is that a threat? Jamie, please.
Just get Gordon to take the plea.
About time.
I'm gonna be late for cookies and milk at Rikers.
I have a one-time offer, Mr.
Gordon.
Your plea of guilty for the murders of Martin Felder and Dana Hagen in return for concurrent sentences of 25-to-life.
You have an hour to make up your mind.
No way.
I want a trial.
Didn't you tell 'em I want a trial? I'm sure Ms.
Ross will agree, a trial's not in your best interest.
(SIGHING) Mr.
Gordon, I'm resigning as your counsel, effective immediately.
While representing you, I violated the code of conduct and breached our attorney-client privilege.
I'll be making a full disclosure to Disciplinary Committee of the New York Bar.
I'll help you find a new attorney.
In the meantime, keep your mouth shut.
Anything she tells the Disciplinary Committee will be kept under seal.
We won't be able to use it against Gordon.
It's brilliant.
I knew there was a reason I hired that young lady.
You're both enjoying this, aren't you? You tried to coerce her into selling out her client.
Lit your own petard, my boy.
A judge can still compel her to testify about what Gordon told her.
How? Her conversations with him are privileged.
Not the ones she divulged to third parties.
Says you.
Whatever I said during an anonymous call four years ago resulted from information I received from Mr.
Gordon.
It's privileged.
She broke the privilege herself when she called Wolinsky.
She can't assert it now.
The privilege belongs to Mr.
Gordon.
Unless he waives it.
Your Honor, her anonymous call contains information crucial to the prosecution of a capital crime committed by Gordon.
Just a minute, Mr.
McCoy.
Ms.
Ross, this tip concerned your client? Yes.
JUDGE: Ms.
Ross I've already informed the Disciplinary Committee.
What did you tell Judge Wolinsky? That he had charged the wrong man in the murder of Dana Hagen, and that a fence named Max Bronstein had received goods stolen from the Hagen home.
And you had gotten this information directly from your client? Yes, among other details relating to the Hagen murder.
When I called Wolinsky the second time, I essentially repeated the same information.
You called Wolinsky again? When? During Steven Dupree's trial, just before the case went to jury.
Mr.
McCoy, it is obvious anything Ms.
Ross might say in court would only further breach Mr.
Gordon's attorney-client privilege.
You cannot use her testimony against him.
Your motion is denied.
Your Honor, I want to use her testimony against a third party.
JUDGE: Who? Andrew Wolinsky.
The People plan to bring charges of attempted murder.
Against Judge Wolinsky? Yes.
Ms.
Ross testifies against him.
Nothing she says can be used against Gordon.
Your Honor JUDGE: Ms.
Ross.
On that limited basis, I don't see a problem.
I'm issuing an order for your testimony.
And I sure hope you know what you're doing, Mr.
McCoy.
BRISCOE: Judge Wolinsky, you mind coming with us? What? What for? You're under arrest for the attempted murder of Steven Dupree.
What is this, a joke? No, Your Honor.
We'll have to ask you to remove the robe.
Call Helen Brolin.
Her number's in my Rolodex.
You have the right to remain silent.
Anything you do say can, and will be used against you ADAM: What in the world were you thinking? What was Wolinsky thinking? Jamie called him twice.
The second time after they found the Hagen bracelet.
It'll be her word against Wolinsky's.
Just because the grand jury believed her I haven't indicted him yet.
I'm hoping Wolinsky will spare himself the embarrassment and fold.
And then? And then give me what I need to convict Gordon.
Oh.
So you don't think that Wolinsky committed attempted murder? Yes, he ignored evidence.
He had reason to believe Dupree was innocent, and he still sent him to death row.
A jury might see that as attempted murder.
They might never see it at all.
Wolinsky just filed for a preliminary hearing.
He just has to convince a judge there isn't sufficient evidence to sustain the charge.
So a fellow judge will decide Judge Wolinsky's fate.
Is that what you meant by folding? JAMIE: During one of our meetings four years ago, Mr.
Gordon boasted that he'd killed Dana Hagen.
The case was in the papers at the time.
Mr.
Gordon provided details.
He even named the person he used to fence jewelry stolen from the Hagen home.
I confirmed enough of his information to know he was telling the truth.
What did you do then? I tried persuading him to come forward, but he refused.
I wasn't sure what to do next.
I I knew I had an obligation to Mr.
Gordon, but I felt what I can only describe as a higher duty to prevent a miscarriage ofjustice.
I called the Bar Association's ethics hotline for guidance.
JACK: What did they tell you? JAMIE: That my safest course of action was to do nothing.
But I couldn't accept that.
That's when I placed an anonymous call to Andrew Wolinsky.
JACK: What did you tell him? (SIGHING) I didn't want to implicate my client, but I wanted to give just enough information to clear Mr.
Dupree.
So, I told Mr.
Wolinsky that Steven Dupree was innocent.
I told him about the fence, Max Bronstein, about the stolen jewelry.
JACK: How did Mr.
Wolinsky respond? He took down Max Bronstein's name, thanked me, and hung up.
Did you follow up? Yes.
A few weeks later, after Mr.
Dupree's case had proceeded to trial, I called Mr.
Wolinsky again.
I remember it was the day just before the summations.
August 20th.
Did you know that by that time Dana Hagen's bracelet had been recovered and traced to Max Bronstein? No.
What did you tell Mr.
Wolinsky on August 20th? I repeated what I told him the first time.
I offered to give him more information.
I was ready to go out on a limb.
What did Mr.
Wolinsky say? He said that he was a very busy man.
That it was a crime to provide false information to the police.
And then, he hung up on me.
Thank you.
Did you tape these calls? Keep any phone records? No.
So all we have is your word.
Why would I admit violating the code of conduct? Good question.
Since you left the District Attorney's Office, you've done pro bono work for the Southern Poverty Law Center.
Yes, some work.
They're an anti-death penalty advocacy group, aren't they? JAMIE: That's only one aspect of their work.
Are you opposed to the death penalty? Objection.
Relevance.
Goes to credibility.
Overruled.
Answer her question, Ms.
Ross.
Yes, I'm opposed to the death penalty.
Did you always feel this way? No.
What changed your mind? When I worked at the D.
A's office, I saw the death penalty applied.
A.
D.
A's are overworked.
They're competitive.
They often act out of their own prejudices or personal hurts.
What they think the politics demands.
They make mistakes.
Errors ofjudgment.
The death penalty is final.
It eliminates any chance of correcting those mistakes.
How moving.
And how fortunate you stumbled across a perfect example of your thesis.
I didn't make up what Michael Gordon told me.
I wouldn't lie.
You're St.
Joan of Hogan Place.
You are moved by a call to a higher duty.
It allows you to violate Mr.
Gordon's confidence.
That's not what I meant.
Why wouldn't it allow you to lie? I didn't lie.
You lied to Michael Gordon.
You told him you'd keep his confidences, didn't you? Yes.
You lie when it suits you.
You change opinions the way I change blouses.
You flit from one cause to another.
Objection.
Why should we believe anything you tell this court? Ms.
Brolin, you made your point.
Then no more questions, Your Honor.
(SIGHING) I worked on the Hagen case for nearly 18 months.
I spoke with dozens of witnesses, read over 100 police reports, and received I don't know how many phone calls.
But I don't remember getting any calls like the ones Ms.
Ross described.
Did you receive any tips at all? Not personally, no.
But the police did.
Cases like these always generate a lot of tips, most of them false.
If there had been any that led anywhere, I'm sure the police would have told me.
Now, Judge, as you sit here today under oath, are you still convinced you put the right man on death row for the murder of Dana Hagen? Yes.
Without a doubt, absolutely.
Thank you.
So I guess you don't make mistakes.
(SCOFFS) Not in this case, no.
What about the bracelet that sat on a shelf in the Bronx for four years? I was unaware of that until you brought it to my attention.
If you weren't aware, whose fault is that? The police? I suppose so.
If that lead wasn't followed, again, that's the fault of the police? If it was a legitimate lead, yes.
It's up to them to investigate it.
But my guess is Mr.
Dupree disposed of the bracelet before he was arrested.
But since the investigating detectives didn't do their job, we'll never know.
It's moot.
Dupree was identified by the victim's husband.
As a former prosecutor, you're aware of the studies documenting the unreliability of eyewitnesses? Yes.
JACK: Mr.
Hagen got a quick glimpse of the suspect on a dark street.
He might have been mistaken, yes? It's possible.
But you're forgetting the fact that Mr.
Dupree offered to confess.
On the advice of his attorney, and only if you took the death penalty off the table.
Yes.
If it turns out that he is innocent, his lawyer gave him bad advice.
I'd say so.
In the unlikely event he's innocent.
If he is, his conviction is the result of terrible mistakes by the police, by Mr.
Hagen, by Dupree's attorney, by Dupree himself.
By everyone except you, because you don't mistakes.
Isn't that what you're saying? No, no, no, no, no.
If the evidence had been there, I would have looked into it.
You were afraid to.
You were to about deliver your summation.
Dupree had to be your guy.
That's not true.
Three days after Dupree was sentenced to death, didn't you ask Adam Schiff to put your name up for a judgeship? Yes or no? Yes.
Dupree's conviction was your ticket to the bench.
No.
Isn't that why you turned down his offer of a confession? No.
Isn't that why you ignored Ms.
Ross's phone calls? ANDREW: No, I didn't JACK: Because it wasn't a mistake? You placed your ambition above a man's life.
I know down to my bones that Steven Dupree is guilty.
You'll never convince me otherwise.
We start second guessing ourselves, pretty soon the public starts second guessing the process.
And society won't tolerate that.
It needs the certainty ofjustice.
JACK: Your Honor You look at the facts, you decide on a course of action, and then you stick to it.
That is how I work, Mr.
McCoy! That is how we all work.
JUDGE: Given the record before me, I see no credible reason to reject Ms.
Ross's testimony.
That being said, let me add, in the heat of a trial, details can be overlooked.
We all wish the administration ofjustice could have been more diligent.
However, I see no evidence of a crucial element of a crime of attempted murder.
I see no evidence of intent.
If Judge Wolinsky committed any wrong, it was a crime of arrogance, not design.
Therefore, I find insufficient evidence to allow this matter to proceed.
The charge is dismissed.
(BANGS GAVEL) Mr.
McCoy, anywhere we can talk? What is it you wanted to tell us? Bronx vice sent over the hooker's bracelet in the middle of Dupree's trial.
I had it tested for prints.
We found Max Bronstein and Michael Gordon's.
Did Wolinsky know? Uh-huh.
I showed him the report.
He asked me if I still thought Dupree did it.
I I told him I'd have a hard time finding him guilty.
Wolinsky said he wouldn't.
CARMICHAEL: What did you do? Wolinsky told me to wipe off the bracelet and send it back to the Bronx.
He wanted all copies of the fingerprint report.
And that's how the police screwed up and let old Andy Wolinsky down.
Did you keep a copy of the report? No.
But there was one I couldn't get rid of.
This report was in Latent's files.
Now it's in ours.
You still want a trial, Mr.
Gordon? It's your right.
Well, defense's exhibit one is Steven Dupree's conviction.
Which I guarantee will be voided by the time your client comes to trial.
The offer is still and Martin Felder.
I want to remind you you'll be facing the death penalty for Martin Felder.
I'll take it.
I'll do the quarter.
Gordon pleaded out.
I heard.
We re-filed against Wolinsky.
Let's see what happens.
The committee ask you to testify? No.
(SIGHING) Last time I was here, it wasn't by choice.
I hated the It's okay.
Whatever you told them, it softened the blow.
Life's a funny old dog, isn't it? (CHUCKLES) I'm scared, Jack.
I love the law.