Law & Order (1990) s16e18 Episode Script
Thinking Makes It So
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.
Lips to God's ears, I'm telling you, I don't know how I got by without it.
You with me here? Howie? What? I'm fine.
Hey, pal, that's why you divorced her.
Now, there you go.
There's nothing a good sweat won't cure.
It's that time.
I don't want you to fire me.
And you should look into that TiVo thing.
It'll change your life.
We've been robbed.
You freeze! No! Better back off, Mr.
Grant.
I'm going to have to detain you, sir.
Yep, we're definitely talking Deer Hunter.
One shot.
Dead.
Like that.
I'm impressed.
He shot first.
I told him to freeze.
The guy pulled a gun in a bank.
I have no problem with that.
I did my 20, over at the 24.
This is the first time I had to That's all right.
Take it easy.
Listen did you see him with anyone else? No.
Mr.
Farber screamed.
I locked the doors by remote.
Okay.
Thanks.
Is he a customer? I never saw him before.
This is nuts.
I mean, Howard said he never got hit that bad in his divorce.
He makes a good living.
Half of one anyway.
Listen, don't go anywhere.
All right? Yeah.
Bonnie's got no ID.
How we doing on Clyde? His name's on the door.
Howard Grant.
Bank Manager.
Now you know why I keep my money in my mattress.
I said I did it.
What else do you want from me? You can give us the name of your friend, that would be nice.
He's dead, Howard.
The guy's not going to mind.
See, you know what that tells us? That tells us that you're protecting somebody.
It's not easy for two guys to rob a bank nowadays with trained security and cameras.
And the getaway? Who's gonna let a guy with Fort Knox in a gym bag walk outside and hail a cab? Our guys are going through the bank's video cameras, inside and out.
Our D.
A.
has a soft spot in his heart for guys who give up their partners.
But if you dummy up, you're not helping him, you're hurting yourself.
I mean you don't look like the kind of dude that wakes up in the morning and decides to go out and commit a Class A felony.
Why is she here? Imagine my surprise when Mrs.
Fogarty knocks on my door and tells me that the man I married, father of my only child, is being lead away from his place of employment in handcuffs.
I want to be there when you explain to Julie why it is you won't be around for the next eight-to-20.
Who's Julie? Our six year old.
I can't believe I let you talk me into joint custody.
Damn it, Cheryl.
I did it for Julie.
You think I want them to "Them"? Who you talking about, Howard? No.
Nothing.
Howard, Julie is at school, right? If anything happens to her, Howard, I swear to God.
Who's got her, Howard? If these guys have Julie, they're not going to be messing around.
If they have your daughter and they don't have the money.
You do the math.
It was so fast.
I was on my way to work.
I walked up from the subway and that man in the bank The dead one? He came up to me.
I swear, I never saw him before.
He told me to call home.
So I did, on my cell.
A man answered.
He was there with Julie.
Oh my God.
He said he was going to kill her if I didn't do what they wanted.
The other one handed me the gym bag.
Did you recognize the voice? I didn't know either of them, I swear.
I didn't know what to do.
You left a six-year-old at home by herself? You have no idea how many times I have begged him not to do that.
It was for 15 minutes.
Somebody's got to earn a living! When Julie stays over, Joan Cathcart, the mother of one of her classmates picks her up and takes her to school.
What do you mean missing? She's home in bed.
That's what Howard told me.
When was that? This morning at 8:45.
I buzzed and he was there.
He said she was running a fever and he was keeping her home today.
Are you sure it was Mr.
Grant on the other end of the intercom? I said, "Howard?" And he said, "Yeah.
" CSU is working on the apartment.
Bank Robbery Task Force says there aren't any jobs with similar MOs in the city.
Well, everyone has to start somewhere.
There was one in Trenton, one in Philly.
And both of them were unsolved.
Is the AMBER Alert still in place? Well, the Task Force says that the kid in Jersey was killed after the locals went public.
What about Philly? That kid was never found.
But we're not sure that these are the same guys.
So, all we have is an unknown DOA in the morgue.
Task Force is running his prints through national database now.
Talk to Mrs.
Grant, maybe she has a better memory than Howard.
Bastard.
Did you ever Don't you think I would tell you? All right.
We're gonna have Officer Randall take you home, all right? If youâ.
'You'lbe the first person I'll call.
All right? Fontana.
Please tell me this boy has his name tattooed on his ass.
I wish.
All I can tell you is his last meal was escargot.
You soak anything in butter, it slows the digestion.
Hey.
This guy's prints were in the system.
He got pinched three years ago in a fight in some swanky bar.
His name is Cyrus Lowell.
Cy with a six year old? I would have noticed.
Sorry.
Was he with anyone when he left this morning? No one came into the lobby.
He's got a whole lot of friends.
I'll tell you that.
Any regular visitors? He's a player, you know, a member of the Broad-a-Night Club.
He's got pretty good taste too.
Chéteau Gironde.
It's about three quarters done.
Hey.
It was bottled exclusively for the wine cellar at the Perry Street Restaurant.
You are thinking he is a customer? That is funny.
No.
Cyrus est un gargon, awaken C'est trés amusant.
Was he working last night? Oui.
We're interested in any of his acquaintances that you might know about.
Oh, I doubt they could afford to eat here.
What about the other employees, was he close to anybody? There's Mademoiselle Faye.
The sommelier.
Trésjofie.
Cy, a man with a plan.
What plan is that? A house in Cannes, a Gulfstream V, you name it.
L told him he'd better start working lunch.
Did he ever talk about any of his friends? You mean other than Donald Trump? Did you spend more time at your place or his? I can't believe Marcel told you.
Okay, a couple of times a month I'd have my morning coffee at his place.
No big deal.
You were never curious about that fancy apartment? I just figured his daddy took care of him.
Why, is his daddy well off? Cy says he lives at the Winslet Hotel, which makes him definitely not poor.
You'll have to forgive me for meeting you down here.
The housekeepers are in my apartment.
I was transferred from London six months ago.
What kind of work do you do, Mr.
Lowell? Mergers and Acquisitions, at Condell Hemmings.
What's that got to do with Cy? Mr.
Lowell, I'm afraid we have some, uh Sad news for you.
Dead? Trying to rob a bank.
That seem strange? He was always Ever since he could talk it's been a struggle, in school, fights with friends.
I tried, but when he started with the drugs We were hoping that you knew some of the people that he hung out with.
I'm sorry.
When I caught him forging my signature on checks, the counselor said that I had to cut him loose.
I haven't talked to him in over two years.
Do I have to ID the body or something? The Task Force has about as much as we do.
Major Case Squad is running down all the names in Cy's address book.
You know, I'm gonna go talk to Howard again.
See if his memory got any better.
Don't you think this guy told us everything? I rather be pressing him than waiting around to find a dead six-year-old girl.
All right.
Okay.
The computer geeks came up empty.
And the only Lowell to make the papers was his old man.
He was involved in some nasty divorce from a high society dame in Sag Harbor last year.
When last year? Ah, June.
Yeah, Manhattan, business.
Condell Hemmings, please.
That's where the old man works.
He said he moved here six months ago.
Yeah.
I'm looking for a Mitch Lowell.
Mmm-hmm.
How about your London office? Okay.
Thank you.
Condell Hemmings doesn't have a Mitch Lowell.
Never did.
You guys think that this could be a father son thing? How much you want to bet the maid cleaning Mitchell Lowell's room is a six-year-old named Julie Grant? Are you sure this is kosher? Do you know what exigent circumstances means? No, not really.
It means don't ask any questions.
Hey, did Mr.
Lowell have a six-year-old girl with him earlier today? Not that I know of, but I'm in my office most of the day.
I don't really see much.
How do we get a hold of the maid? I'll page her.
What about the phones? Do his calls come through the switchboard? Certainly.
The only girl I've seen with Mitch is a lot older than six, physically, anyway.
Would you happen to know her name? Who doesn't? Sara Essex.
Life's a bitch when Daddy owns casinos all over the world.
Have you ever seen this guy? All the time.
Did Mitch Excuse me, ma'am.
Joe check this out.
He gave Cyrus a wakeup call yesterday at 7:16 a.
m.
Yeah.
The kid shouldn't miss his own funeral.
Funeral? What's And the last call he made yesterday was 11:03 a.
m.
And it must have been somebody he was close to, because he made the same phone call every day this week.
That was right after the news showed his arrest.
And I have a pretty good idea who this phone number belongs to.
Why would I know where Mitch is? Look, girl, we know he called you yesterday around 11:00.
That's right, to stand me up.
We were supposed to go to that new club, Sweat.
I went with Colin Farrell instead.
You just missed him.
Did he say why he cancelled? After "I can't go," who listens? What's the big deal? You know what? I've had enough of this crap.
Come on.
Get up.
You're under arrest.
What the hell? Accessory to bank robbery and kidnapping.
What? Michelle, call my father.
Oh yeah, I'm sure your daddy gonna be real proud of you.
Okay.
Okay.
Forget it, Michelle.
I don't know why Mitch bailed and I certainly don't know where he is.
Keep talking.
I let him borrow my SL.
You gave him a $100,000 car and you didn't ask him where he was going? Why would I? It's not like it's the first time.
Mitch hates trains.
I let him take a car to go out to one of his houses.
Houses? How many does he have? Two that I know of.
One in Sag Harbor and one in Westport.
He likes to get out of the city to chill.
Let me give you the short course on Mr.
Lowell.
Please, sit down.
I met him about a month after Frank, my first husband, died.
I was in Bergdorf's, knee-deep in shopping therapy when the clerk refused all my credit cards.
Is that because they were in your late husband's name? Mmm.
I actually burst into tears.
That's when the great Mitchell Lowell rode up on his white stallion and bailed me out.
Thank you, Rosa.
Six weeks later, we walked down the aisle.
So how'd you find out he was a crook? Thank you.
My financial people.
They told me Mitch was slowly emptying my stock portfolio.
Why didn't you have him locked up? Who needs the publicity? I did, however, use the threat of arrest as leverage in the divorce settlement.
Would you let him use your house when you weren't here? L wouldn't let that S.
O.
B.
use my trash basket.
He's a bum.
Well, I kinda figured that out on my own.
No, I haven't seen him since last summer when we signed the divorce papers.
And I've been in Paris the past three months.
Well, how nice.
Thank you.
Oh, how do you like that car? What's better than a Bentley? But I mean the other one.
The SL.
Where is he? I don't even know what he did.
He threatened me.
We'll talk.
Where is she? Who? The little girl.
Where is she? What little girl? I don't know what you're talking about.
You know what I'm talking about now? You won't shoot.
Oh, won't I? Where is she? Screw you.
Before we leave this house, you're going to tell me where that girl is.
You understand? Where's that little girl? Get down.
Get down.
Where's that girl? Where's that little girl? Where is she? Stop! Where's that little girl? Where's that little girl, you cheap con artist? Where is she? Where is she? I can do this all day, Mitch.
How 'bout you, huh? Where is she? Where is she? You gonna tell me where she is? You gonna tell me? Where is she? Where is that little girl? Where is she? All right, I'll tell you! She's on the boat.
Get up.
Get up, you crook.
That's her.
Bring her up on the port side.
Julie? It's okay, honey.
I'm not going to hurt you.
My name is Joe.
I'm a policeman.
I'm going to take you home to your mother and dad.
âDocket Number 0837.
38.
People v.
Mitchell Lowell.
"Charge is Robbery in the First Degree," "and Kidnapping in the First Degree.
" Randolph Dworkin for the defense.
Pleasure's mine.
Not bad, huh? I beg your pardon? "Squirt" Dworkin? Oh, come on.
It's me, Miss Kurtzman.
Camp Wei-Met.
I was in the bunk with "Bugger," I mean, Benny.
The defendant held a six-year-old girl hostage while his partner That thing with the latrine? Me and Benny, we got booted? Do you mind? How do you plead? Excuse me, Your Honor.
I don't mean to be rude but because of our past social connection, don't you think we're tiptoeing ever so slightly into the grey area here? The People waive any conflicts.
All due respect, but these people don't.
You actually want me to recuse myself from an arraignment? Who knows? Someday you might be sitting in a senate hearing room across from Messrs.
Kennedy, Biden, and Leahy.
I'm just trying Fine.
Judge Melon is down the hall.
I gotta ask, Judge, does Benny still play with matches? Next.
So, after all this, I ask Judge Melon for remand without bail and this clown lets it go without objection.
Does this clown have a name? "Squirt.
" You're kidding.
Dworkin, Andy, or something.
He's definitely not a clown, Alex.
You didn't see him.
I did on two prior occasions.
Randy Dworkin is very, very smart.
And cute as a button.
Ms.
Borgia.
So, I come in for a nosh and imagine my surprise Okay, I'm lying.
Jack, you're such a creature of habit.
From what I hear about your show this morning, so are you.
Everyone in a courtroom is always so gloomy.
Why not have some fun, is what I say.
Because it's not moot court.
Res ipsa loquiter.
What Jack and I know quite well and what you will soon discover is that whatever happens in court by day, by night, we get to go home and sleep in our own beds.
Speaking of which, how are you on sushi? I know this little place.
No, thank you.
Don't even think about a deal, Randy.
Did I mention how predictable you are? Okay, enough shop talk.
Let me ask you, Jack, what is your thinking about this Iraq thing? I see it as a learning experience.
Before we started spreading democracy to the four corners, who ever heard of lEDs or Tikrit or waterboarding for that matter? I think your soup's getting cold.
Detective Fontana's little trick wasn't exactly waterboarding but really, what's in a name? No one can ever say his version doesn't work.
You sure about dinner? Enjoy.
Bye.
It's a motion to dismiss.
Lowell claims he only told the cops where they could find Julie Grant after he was tortured.
Find out what the hell is going on.
Hi.
What a surprise.
Do you have a minute? Yeah.
Do you mind if we walk and talk? Not at all.
What can I do for you? Well, I wanted to say that I thought you did a helluva of a job with Lowell.
Uh-huh.
Well, thank you very much.
We got the girl.
Yes you did.
My question is how? Well, maybe your question should be, "What would've happened if we didn't get her?" So you did threaten to shoot him and shove his head in a toilet? I'll make this very easy for you.
Whatever Lowell says I did, I say just the opposite.
Is that all you're going to say? Peanut? So, is Dworkin making coffee or just boiling water? Fontana's a good cop.
Right now, he's filled to the brim with moral indignation.
Sure he is.
We're supposed to be on the same team.
You know, I know that when the dust settles, that this Lowell character is just gonna be the latest in a long line of defendants claiming to be a victim of an overzealous officer.
What? Don't tell me you believe him.
Dworkin may be irreverent, Arthur, but he's not unethical.
I doubt he'd present an argument if he didn't believe it, which probably means he's got proof.
Who's the judge? Bradley.
Good fellah.
He thinks jaywalkers ought to get life.
Okay.
Mr.
Dworkin, tell me just what kind of medal your client wants pinned on his chest.
Let's see, he's already an Eagle Scout.
What do you get for holding your breath? Okay, now if we take the Fourth and Fifth Amendments seriously, a show of hands by those who don't.
Great.
All that's left is for Your Honor to exclude all the evidence, both physical and testimonial, obtained by said Detective after locating my client.
Which means the whole kit and caboodle.
Ergo my motion to dismiss.
It comes down to he said, he said, Your Honor.
You heard Detective Fontana and the defendant.
Credibility is a question for the finder of fact.
Far be it for me to be contrary, but as you can see from his Sag Harbor booking photo, Mr.
Lowell was either on the sideline when the Gatorade went flying or he forgot to blow-dry after bobbing for evidence.
This could just as easily have been caused by water spraying when Mr.
Lowell was transported out to the yacht.
A for effort, Jack.
I'll have my office draft the dismissal papers.
Not so fast, Mr.
Dworkin.
Th is Detective Fontana, is this sort of roughhousing his usual MO? There's no evidence of it.
In that case, I find Mr.
McCoy's explanation perfectly valid.
What about shoving the gun in his eye? Without other proof, admissibility still depends on the credibility of Mr.
Lowell versus that of Detective Fontana.
And I don't believe a word out of your client's mouth, Mr.
Dworkin.
Therefore I am denying the motion to dismiss.
Anything interesting? There are a couple of cases justifying the use of extreme physical force to obtain a confession.
They're from Alabama in 1954.
I don't think you'll find anything in those books to ease a guilty conscience, Alex.
If I knew for sure that Fontana did what Lowell said he did Spray from the motorboat, Jack? Give me a break.
Fine.
What if he did do it? Even Alan Dershowitz, the Babe Ruth of Civil Rights, said that under some circumstances, torture is not only justifiable it's obligatory.
That's right.
To find a ticking nuclear device hidden somewhere in New York City.
So it's okay to torture someone to save a million lives? There's at least an argument for it.
What if the bomb wasn't in New York City? What if it was in Rugby, North Dakota where only a couple of thousand people would be at risk? That's a bogus argument.
I don't think the Grants would agree.
Let's not forget that Mitchell Lowell kidnapped their little girl.
Let's also not forget that we have a constitution.
Call me a stickler, but I think we should at least pretend to follow it.
And I think that the constitution should be used less as a shield for the guilty and more as a sword for their innocent victims.
Did Fontana do what they claim he did? He said he didn't.
But you're not 100%? Well whatever happened, by judicial fiat, it's no longer your problem.
Torture is morally wrong, at least according to the petition I signed condemning the fun and games at Guantanamo Bay.
Well, that's true, but your morality is not at issue here.
That won't help me sleep at night, Arthur.
You know I was about, six the first time I went fishing with my old man.
Hell, if I didn't catch one about like that.
Just getting ready to plop him down into the bucket when I started wondering some grown up things.
You know about right and wrong, good and bad.
That fish had never done anything to me, why should I kill him? Well, I was getting ready to toss him back and then it hit me.
If I do the right thing by the fish, I'm left with nothing but a can of string beans and a stale biscuit for dinner.
Well, there I stood, frozen as a popsicle, until my dad looked me in the eye and he said, "Son, there's nothing either good or bad, but thinking makes it so.
" And I want to tell you, no fish ever tasted better.
I hate to burst your bubble.
But your father borrowed that tidbit from Hamlet.
Say, isn't he that fellah who sat around thinking and talking to himself while other people were going to hell in a hand basket? So, you're telling me to go ahead and use the evidence most judges would have tossed? I'm telling you to make a deal with the S.
O.
B.
I knew you were the best, Jack.
Show me one other D.
A.
this generous.
Good.
Alex will contact Judge Bradley.
Here's the thing, my nana set me straight a long time ago when I was about to take that first step down the road to the rest of my life.
"Kid," she said.
"One day a man'll tell you that for a mere hundred bucks, "he'll sell you a diamond as big as the Ritz.
" "Now as sure as I ate my first bowl of borscht in Minsk," she said.
"That diamond is gonna come on the back of a baseball card" "and the Ritz will taste great with a shmear.
" Do we have a deal or not, Mr.
Dworkin? So cute, but so serious.
After Judge Bradley's ruling you should be too.
Ten years is a gift.
Why are you putting on the white beard, red coat and funny hat this time of year? Hell, I'll talk to my guy but, considering His Honor handed me an appeal on a platinum platter, I'm going to have to recommend he pass.
I thought if I did what they wanted, maybe they'd leave Julie alone.
How much did he ask you to steal? He just said to fill up the bag.
I fit in a little over $700,000.
Why didn't you call the police? Do you have any idea what it's like? Having your daughter's life rest on the whim of men without conscience, men who will do anything for money.
I'm not a hero.
I'm just a father trying to do what's best for his daughter.
I was scared.
When you left your apartment that morning, did you lock the door? Of course.
And when Julie's there I check it twice.
Good for you.
I'm just suggesting with Dworkin across the aisle, that it's best to watch your back.
Thanks to the Honorable Judge Bradley, his clowning may all be for naught.
And when Fontana takes the stand? Dworkin didn't object to Green's hearsay testimony, so I have no reason to call him.
That doesn't mean that Squirt won't invite him to testify.
Strange.
Dworkin didn't submit an affidavit for Lowell's ex-wife.
She was there when he confessed to Fontana.
She was downstairs.
Sure, but she would have noticed if his head was wet when Fontana dragged him down the stairs and out the door.
And if she did see it, why didn't Dworkin use it in his motion to dismiss? It could mean that Fontana didn't violate procedure after all.
After Dworkin's motion was denied, it doesn't make any difference one way or the other.
It does to me.
I should have called the cops the minute the Harbor Master told me he was on the yacht.
Why didn't you? 'Cause I'm a jerk.
Hey, the man forged my signature, mortgaged my house and still, jerk that I am, I stayed married to him.
He's a con man.
He's good at what he does.
But? I don't think that I would have tried to protect him when the cops showed up.
Why did you want to see me? I just want to know if you noticed anything unusual when Detective Fontana brought Mitch downstairs? Like his head-dripping wet? Don't worry.
If you want me to lie for you, I am ready, willing, and very credible.
You've been thinking about that offer? Every second of every day.
Too bad the Canons won't let me accept it.
I don't want to hear about Nazis or plantation owners, Randy.
The truth is, I'm in no mood for your games at all.
So, I spent my day listing appropriate four letter epithets for Judge Bradley.
Off the record so did I.
If you haven't noticed, I only bring out the rack on special occasions.
Bradley's ruling gives society's imprimatur to barbaric behavior.
Which will just lead to more brutal behavior by the cops.
It'll force the innocent to lie and guaranty punishment whether a suspect is guilty or not.
It's globally rejected.
Morally deplorable.
Amen.
On the other hand, I wouldn't be totally pissed if Lowell spent the rest of his life in Attica.
Just like your rack, Jack, I only dust off my high horse in dire circumstances.
Off the record? Man to man.
Whatever he did, Fontana found the girl.
The slippery slope argument is a bunch of crap.
We sanction the death penalty.
If killing's okay, how can a little physical persuasion be wrong? It all comes down to weighing the life of an innocent girl against the momentary discomfort of a felon.
Three cheers for Fontana, is what I say.
So why do we both feel like taking a hot shower? Because deep down I'm thrilled to have won the motion to dismiss even though it's morally wrong.
And, in my heart of hearts, I'm ecstatic about losing even though I know that's a legal taboo.
He knocked on the door.
I said, "Who is it?" He said he was Daddy's friend.
So I unlocked the door and let him in.
Did he scare you? No.
He gave me candy and asked me if I wanted to go on a boat ride.
I said yes.
Of course you did.
Did he ever touch you? He held my hand.
Did that hurt? No.
He was nice.
On the boat he gave me pizza and let me watch movies.
Tell me, Julie, how'd you get so damn cute? Did you hear what Mr.
Lowell said to your father on the phone? He said he was going to kill me.
And that didn't scare you? At first it did, but then he winked at me and said it was just a joke on Daddy.
Thank you.
Nothing further.
The defense calls Detective Joseph Fontana.
I found the defendant hiding in a corner.
The door to the room in which Mr.
Lowell was hiding, was it open? No.
Was it unlocked? No.
So how'd you get in? I forced it open.
- You kicked it in? - That's right.
And then once you were in, what? You shook his hand? I detained him.
Did you grab him by the neck? I detained him.
Nothing like a good old juicy euphemism.
- Objection.
- Withdrawn.
Did you get physical with Mr.
Lowell? I don't know what you mean by physical, but he told me where he hid the little girl and then agreed to take me there.
Did you ever give him an old fashioned kick in the rump? A smack in the kisser maybe? No.
- Did you shove your gun into his eye? - Objection! Did you shove his head into the toilet bowl? - Approach, Your Honor.
Your Honor has already ruled that the defendant's claims weren't credible.
And the witness is merely confirming Your Honor's finding of fact.
No harm, no foul.
You can proceed.
Mr.
Dworkin.
But no mention of the fact that I already ruled on this.
Did you shove your gun in Mr.
Lowell's eye? I was in hot pursuit of a felon so, naturally, I had my weapon drawn.
So, that's a yes? Objection.
Withdrawn.
Did you shove his head into the toilet not once, not twice, but three times? I was trying to save a little girl's life.
Please, direct the witness to answer the question! Objection! Your Honor this is prejudicial.
You're damn straight it is.
Your Honor, I move for immediate dismissal.
My chambers, now! That was a clear admission.
I didn't hear him admit anything.
Okay, it was a tacit admission of an illegally obtained confession, making, as Your Honor opined earlier, the whole kit and caboodle inadmissible.
It's irrelevant.
We've got the girl's testimony connecting the defendant Only you wouldn't have the girl if Fontana didn't get medieval on him.
Plums of the poisonous tree, Your Honor.
Without Fontana's abuse, my client wouldn't have told him that the girl was on the boat, Fontana wouldn't have located her and she certainly wouldn't have been in the courtroom to connect him to anything.
Please tell me you've got something to link him to the robbery, Mr.
McCoy.
In that case, Your Honor, I move for a complete dismissal of all charges.
Wait.
If we can establish that the police would have discovered Julie Grant's location, separate and apart from the defendant's coerced confession.
You'd make my day, Ms.
Borgia.
The Harbor Master informed Mrs.
Lowell that the defendant was on her boat before he showed up at her house.
I'm sure she'll sign an affidavit to that effect.
Once the defendant refused to cooperate, Detective Fontana surely would have interrogated Mrs.
Lowell about everything concerning his visit.
She certainly would have mentioned the Harbor Master's phone call.
Detective Fontana would have followed up and he would have found the kidnapped child.
This establishes inevitable discovery and makes all of the evidence admissible.
Thank you, Ms.
Borgia.
Motion denied.
Very good, Alex.
I don't want to talk about it.
Detective Fontana extracted from my client what we in the legal biz call a coerced confession.
How do we know this? He told us so himself, that's how.
What, you don't remember that? No.
No.
No.
You didn't doze off during his testimony.
Let me, as they say, refresh your recollections.
Detective Fontana was sitting right there and I asked him directly if he used certain specific abusive acts to encourage Mr.
Lowell to talk.
Of course you remember.
That's when Mr.
McCoy got all red in the face and screamed something about prejudicial testimony.
My question is, do you remember Detective Fontana ever saying, "No, I did not commit those brutal acts?" I sure don't.
Where I come from if someone accuses you of something barbaric and you don't deny it, well Do we, as good citizens of this great state, really want to give our stamp of approval to such conduct by our cops? When you talk about it amongst yourselves, what I want you to do is weigh on the one hand, Detective Fontana kicking in a door and on the other, Mr.
Lowell knocking politely on Julie Grant's door and asking if he could come in.
On the one hand, grabbing Mitchell Lowell's neck.
On the other, giving Julie a piece of candy.
Shoving a gun in his eye.
Taking her on a boat ride.
Dragging him across the room by his neck.
Holding her hand so she wouldn't be scared.
Shoving his head in a toilet three times.
Giving her pizza and letting her watch movies.
Legal.
Illegal.
How can that be? Like it or not, in evaluating the case against Mitchell Lowell, Detective Fontana's actions are irrelevant and must be ignored.
Like it or not, the law says that you must focus only on what the defendant did.
I'm realistic.
I know you're good people and, as such, it's next to impossible that you could ignore what you heard or didn't hear in this courtroom.
And I also know that by asking you to weigh the defendant's actions against the police officer's, Mr.
Dworkin is, in effect, appealing to your fundamental sense of fair play.
Is that a bad thing? Heck, what's good for the goose is good for the gander.
We all know that.
Fairness is all.
Or is it? Does Mr.
Dworkin's fairness leave any room for justice? That fairness exists in a vacuum while justice, on the other hand, cannot.
In Mr.
Dworkin's vacuum world, we'd have to treat a rapist the same as we treat a man who made love to his wife.
After all, they've both performed the same physical act.
It's only fair.
In Mr.
Dworkin's vacuum world, the terrorist must be treated the same as the soldier who tracks him down and kills him.
Of course he does.
Each of them has taken a human life and what's fair is only fair.
In Mr.
Dworkin's vacuum world, the man who takes a little girl hostage while attempting to rob a bank, as long as he feeds her well, must be treated better than a cop who used excessive force in trying to save the life of that innocent child.
It's only fair.
But is it just? The benchmark of a civilized society is the quality of its justice.
In this society, we put kidnappers and bank robbers behind bars.
Have you reached a verdict? We have.
On the count of Robbery in the First Degree, how do you find? We find the defendant, Mitchell Lowell, guilty.
On the charge of Kidnapping in the First Degree, how do you find? We find the defendant guilty.
Moral righteousness be damned.
I'm fine with the result.
Hey, me and you, Jack, same page.
Not to worry.
Secrets are my specialty.
Are you ever serious? Dead serious.
Suppose Lowell wasn't the one who was tortured.
Suppose Fontana got Lowell to talk by dunking his mother or his daughter, or his poodle in the toilet.
Are we fine with that one too? Yeah, I don't know either.
These are their stories.
Lips to God's ears, I'm telling you, I don't know how I got by without it.
You with me here? Howie? What? I'm fine.
Hey, pal, that's why you divorced her.
Now, there you go.
There's nothing a good sweat won't cure.
It's that time.
I don't want you to fire me.
And you should look into that TiVo thing.
It'll change your life.
We've been robbed.
You freeze! No! Better back off, Mr.
Grant.
I'm going to have to detain you, sir.
Yep, we're definitely talking Deer Hunter.
One shot.
Dead.
Like that.
I'm impressed.
He shot first.
I told him to freeze.
The guy pulled a gun in a bank.
I have no problem with that.
I did my 20, over at the 24.
This is the first time I had to That's all right.
Take it easy.
Listen did you see him with anyone else? No.
Mr.
Farber screamed.
I locked the doors by remote.
Okay.
Thanks.
Is he a customer? I never saw him before.
This is nuts.
I mean, Howard said he never got hit that bad in his divorce.
He makes a good living.
Half of one anyway.
Listen, don't go anywhere.
All right? Yeah.
Bonnie's got no ID.
How we doing on Clyde? His name's on the door.
Howard Grant.
Bank Manager.
Now you know why I keep my money in my mattress.
I said I did it.
What else do you want from me? You can give us the name of your friend, that would be nice.
He's dead, Howard.
The guy's not going to mind.
See, you know what that tells us? That tells us that you're protecting somebody.
It's not easy for two guys to rob a bank nowadays with trained security and cameras.
And the getaway? Who's gonna let a guy with Fort Knox in a gym bag walk outside and hail a cab? Our guys are going through the bank's video cameras, inside and out.
Our D.
A.
has a soft spot in his heart for guys who give up their partners.
But if you dummy up, you're not helping him, you're hurting yourself.
I mean you don't look like the kind of dude that wakes up in the morning and decides to go out and commit a Class A felony.
Why is she here? Imagine my surprise when Mrs.
Fogarty knocks on my door and tells me that the man I married, father of my only child, is being lead away from his place of employment in handcuffs.
I want to be there when you explain to Julie why it is you won't be around for the next eight-to-20.
Who's Julie? Our six year old.
I can't believe I let you talk me into joint custody.
Damn it, Cheryl.
I did it for Julie.
You think I want them to "Them"? Who you talking about, Howard? No.
Nothing.
Howard, Julie is at school, right? If anything happens to her, Howard, I swear to God.
Who's got her, Howard? If these guys have Julie, they're not going to be messing around.
If they have your daughter and they don't have the money.
You do the math.
It was so fast.
I was on my way to work.
I walked up from the subway and that man in the bank The dead one? He came up to me.
I swear, I never saw him before.
He told me to call home.
So I did, on my cell.
A man answered.
He was there with Julie.
Oh my God.
He said he was going to kill her if I didn't do what they wanted.
The other one handed me the gym bag.
Did you recognize the voice? I didn't know either of them, I swear.
I didn't know what to do.
You left a six-year-old at home by herself? You have no idea how many times I have begged him not to do that.
It was for 15 minutes.
Somebody's got to earn a living! When Julie stays over, Joan Cathcart, the mother of one of her classmates picks her up and takes her to school.
What do you mean missing? She's home in bed.
That's what Howard told me.
When was that? This morning at 8:45.
I buzzed and he was there.
He said she was running a fever and he was keeping her home today.
Are you sure it was Mr.
Grant on the other end of the intercom? I said, "Howard?" And he said, "Yeah.
" CSU is working on the apartment.
Bank Robbery Task Force says there aren't any jobs with similar MOs in the city.
Well, everyone has to start somewhere.
There was one in Trenton, one in Philly.
And both of them were unsolved.
Is the AMBER Alert still in place? Well, the Task Force says that the kid in Jersey was killed after the locals went public.
What about Philly? That kid was never found.
But we're not sure that these are the same guys.
So, all we have is an unknown DOA in the morgue.
Task Force is running his prints through national database now.
Talk to Mrs.
Grant, maybe she has a better memory than Howard.
Bastard.
Did you ever Don't you think I would tell you? All right.
We're gonna have Officer Randall take you home, all right? If youâ.
'You'lbe the first person I'll call.
All right? Fontana.
Please tell me this boy has his name tattooed on his ass.
I wish.
All I can tell you is his last meal was escargot.
You soak anything in butter, it slows the digestion.
Hey.
This guy's prints were in the system.
He got pinched three years ago in a fight in some swanky bar.
His name is Cyrus Lowell.
Cy with a six year old? I would have noticed.
Sorry.
Was he with anyone when he left this morning? No one came into the lobby.
He's got a whole lot of friends.
I'll tell you that.
Any regular visitors? He's a player, you know, a member of the Broad-a-Night Club.
He's got pretty good taste too.
Chéteau Gironde.
It's about three quarters done.
Hey.
It was bottled exclusively for the wine cellar at the Perry Street Restaurant.
You are thinking he is a customer? That is funny.
No.
Cyrus est un gargon, awaken C'est trés amusant.
Was he working last night? Oui.
We're interested in any of his acquaintances that you might know about.
Oh, I doubt they could afford to eat here.
What about the other employees, was he close to anybody? There's Mademoiselle Faye.
The sommelier.
Trésjofie.
Cy, a man with a plan.
What plan is that? A house in Cannes, a Gulfstream V, you name it.
L told him he'd better start working lunch.
Did he ever talk about any of his friends? You mean other than Donald Trump? Did you spend more time at your place or his? I can't believe Marcel told you.
Okay, a couple of times a month I'd have my morning coffee at his place.
No big deal.
You were never curious about that fancy apartment? I just figured his daddy took care of him.
Why, is his daddy well off? Cy says he lives at the Winslet Hotel, which makes him definitely not poor.
You'll have to forgive me for meeting you down here.
The housekeepers are in my apartment.
I was transferred from London six months ago.
What kind of work do you do, Mr.
Lowell? Mergers and Acquisitions, at Condell Hemmings.
What's that got to do with Cy? Mr.
Lowell, I'm afraid we have some, uh Sad news for you.
Dead? Trying to rob a bank.
That seem strange? He was always Ever since he could talk it's been a struggle, in school, fights with friends.
I tried, but when he started with the drugs We were hoping that you knew some of the people that he hung out with.
I'm sorry.
When I caught him forging my signature on checks, the counselor said that I had to cut him loose.
I haven't talked to him in over two years.
Do I have to ID the body or something? The Task Force has about as much as we do.
Major Case Squad is running down all the names in Cy's address book.
You know, I'm gonna go talk to Howard again.
See if his memory got any better.
Don't you think this guy told us everything? I rather be pressing him than waiting around to find a dead six-year-old girl.
All right.
Okay.
The computer geeks came up empty.
And the only Lowell to make the papers was his old man.
He was involved in some nasty divorce from a high society dame in Sag Harbor last year.
When last year? Ah, June.
Yeah, Manhattan, business.
Condell Hemmings, please.
That's where the old man works.
He said he moved here six months ago.
Yeah.
I'm looking for a Mitch Lowell.
Mmm-hmm.
How about your London office? Okay.
Thank you.
Condell Hemmings doesn't have a Mitch Lowell.
Never did.
You guys think that this could be a father son thing? How much you want to bet the maid cleaning Mitchell Lowell's room is a six-year-old named Julie Grant? Are you sure this is kosher? Do you know what exigent circumstances means? No, not really.
It means don't ask any questions.
Hey, did Mr.
Lowell have a six-year-old girl with him earlier today? Not that I know of, but I'm in my office most of the day.
I don't really see much.
How do we get a hold of the maid? I'll page her.
What about the phones? Do his calls come through the switchboard? Certainly.
The only girl I've seen with Mitch is a lot older than six, physically, anyway.
Would you happen to know her name? Who doesn't? Sara Essex.
Life's a bitch when Daddy owns casinos all over the world.
Have you ever seen this guy? All the time.
Did Mitch Excuse me, ma'am.
Joe check this out.
He gave Cyrus a wakeup call yesterday at 7:16 a.
m.
Yeah.
The kid shouldn't miss his own funeral.
Funeral? What's And the last call he made yesterday was 11:03 a.
m.
And it must have been somebody he was close to, because he made the same phone call every day this week.
That was right after the news showed his arrest.
And I have a pretty good idea who this phone number belongs to.
Why would I know where Mitch is? Look, girl, we know he called you yesterday around 11:00.
That's right, to stand me up.
We were supposed to go to that new club, Sweat.
I went with Colin Farrell instead.
You just missed him.
Did he say why he cancelled? After "I can't go," who listens? What's the big deal? You know what? I've had enough of this crap.
Come on.
Get up.
You're under arrest.
What the hell? Accessory to bank robbery and kidnapping.
What? Michelle, call my father.
Oh yeah, I'm sure your daddy gonna be real proud of you.
Okay.
Okay.
Forget it, Michelle.
I don't know why Mitch bailed and I certainly don't know where he is.
Keep talking.
I let him borrow my SL.
You gave him a $100,000 car and you didn't ask him where he was going? Why would I? It's not like it's the first time.
Mitch hates trains.
I let him take a car to go out to one of his houses.
Houses? How many does he have? Two that I know of.
One in Sag Harbor and one in Westport.
He likes to get out of the city to chill.
Let me give you the short course on Mr.
Lowell.
Please, sit down.
I met him about a month after Frank, my first husband, died.
I was in Bergdorf's, knee-deep in shopping therapy when the clerk refused all my credit cards.
Is that because they were in your late husband's name? Mmm.
I actually burst into tears.
That's when the great Mitchell Lowell rode up on his white stallion and bailed me out.
Thank you, Rosa.
Six weeks later, we walked down the aisle.
So how'd you find out he was a crook? Thank you.
My financial people.
They told me Mitch was slowly emptying my stock portfolio.
Why didn't you have him locked up? Who needs the publicity? I did, however, use the threat of arrest as leverage in the divorce settlement.
Would you let him use your house when you weren't here? L wouldn't let that S.
O.
B.
use my trash basket.
He's a bum.
Well, I kinda figured that out on my own.
No, I haven't seen him since last summer when we signed the divorce papers.
And I've been in Paris the past three months.
Well, how nice.
Thank you.
Oh, how do you like that car? What's better than a Bentley? But I mean the other one.
The SL.
Where is he? I don't even know what he did.
He threatened me.
We'll talk.
Where is she? Who? The little girl.
Where is she? What little girl? I don't know what you're talking about.
You know what I'm talking about now? You won't shoot.
Oh, won't I? Where is she? Screw you.
Before we leave this house, you're going to tell me where that girl is.
You understand? Where's that little girl? Get down.
Get down.
Where's that girl? Where's that little girl? Where is she? Stop! Where's that little girl? Where's that little girl, you cheap con artist? Where is she? Where is she? I can do this all day, Mitch.
How 'bout you, huh? Where is she? Where is she? You gonna tell me where she is? You gonna tell me? Where is she? Where is that little girl? Where is she? All right, I'll tell you! She's on the boat.
Get up.
Get up, you crook.
That's her.
Bring her up on the port side.
Julie? It's okay, honey.
I'm not going to hurt you.
My name is Joe.
I'm a policeman.
I'm going to take you home to your mother and dad.
âDocket Number 0837.
38.
People v.
Mitchell Lowell.
"Charge is Robbery in the First Degree," "and Kidnapping in the First Degree.
" Randolph Dworkin for the defense.
Pleasure's mine.
Not bad, huh? I beg your pardon? "Squirt" Dworkin? Oh, come on.
It's me, Miss Kurtzman.
Camp Wei-Met.
I was in the bunk with "Bugger," I mean, Benny.
The defendant held a six-year-old girl hostage while his partner That thing with the latrine? Me and Benny, we got booted? Do you mind? How do you plead? Excuse me, Your Honor.
I don't mean to be rude but because of our past social connection, don't you think we're tiptoeing ever so slightly into the grey area here? The People waive any conflicts.
All due respect, but these people don't.
You actually want me to recuse myself from an arraignment? Who knows? Someday you might be sitting in a senate hearing room across from Messrs.
Kennedy, Biden, and Leahy.
I'm just trying Fine.
Judge Melon is down the hall.
I gotta ask, Judge, does Benny still play with matches? Next.
So, after all this, I ask Judge Melon for remand without bail and this clown lets it go without objection.
Does this clown have a name? "Squirt.
" You're kidding.
Dworkin, Andy, or something.
He's definitely not a clown, Alex.
You didn't see him.
I did on two prior occasions.
Randy Dworkin is very, very smart.
And cute as a button.
Ms.
Borgia.
So, I come in for a nosh and imagine my surprise Okay, I'm lying.
Jack, you're such a creature of habit.
From what I hear about your show this morning, so are you.
Everyone in a courtroom is always so gloomy.
Why not have some fun, is what I say.
Because it's not moot court.
Res ipsa loquiter.
What Jack and I know quite well and what you will soon discover is that whatever happens in court by day, by night, we get to go home and sleep in our own beds.
Speaking of which, how are you on sushi? I know this little place.
No, thank you.
Don't even think about a deal, Randy.
Did I mention how predictable you are? Okay, enough shop talk.
Let me ask you, Jack, what is your thinking about this Iraq thing? I see it as a learning experience.
Before we started spreading democracy to the four corners, who ever heard of lEDs or Tikrit or waterboarding for that matter? I think your soup's getting cold.
Detective Fontana's little trick wasn't exactly waterboarding but really, what's in a name? No one can ever say his version doesn't work.
You sure about dinner? Enjoy.
Bye.
It's a motion to dismiss.
Lowell claims he only told the cops where they could find Julie Grant after he was tortured.
Find out what the hell is going on.
Hi.
What a surprise.
Do you have a minute? Yeah.
Do you mind if we walk and talk? Not at all.
What can I do for you? Well, I wanted to say that I thought you did a helluva of a job with Lowell.
Uh-huh.
Well, thank you very much.
We got the girl.
Yes you did.
My question is how? Well, maybe your question should be, "What would've happened if we didn't get her?" So you did threaten to shoot him and shove his head in a toilet? I'll make this very easy for you.
Whatever Lowell says I did, I say just the opposite.
Is that all you're going to say? Peanut? So, is Dworkin making coffee or just boiling water? Fontana's a good cop.
Right now, he's filled to the brim with moral indignation.
Sure he is.
We're supposed to be on the same team.
You know, I know that when the dust settles, that this Lowell character is just gonna be the latest in a long line of defendants claiming to be a victim of an overzealous officer.
What? Don't tell me you believe him.
Dworkin may be irreverent, Arthur, but he's not unethical.
I doubt he'd present an argument if he didn't believe it, which probably means he's got proof.
Who's the judge? Bradley.
Good fellah.
He thinks jaywalkers ought to get life.
Okay.
Mr.
Dworkin, tell me just what kind of medal your client wants pinned on his chest.
Let's see, he's already an Eagle Scout.
What do you get for holding your breath? Okay, now if we take the Fourth and Fifth Amendments seriously, a show of hands by those who don't.
Great.
All that's left is for Your Honor to exclude all the evidence, both physical and testimonial, obtained by said Detective after locating my client.
Which means the whole kit and caboodle.
Ergo my motion to dismiss.
It comes down to he said, he said, Your Honor.
You heard Detective Fontana and the defendant.
Credibility is a question for the finder of fact.
Far be it for me to be contrary, but as you can see from his Sag Harbor booking photo, Mr.
Lowell was either on the sideline when the Gatorade went flying or he forgot to blow-dry after bobbing for evidence.
This could just as easily have been caused by water spraying when Mr.
Lowell was transported out to the yacht.
A for effort, Jack.
I'll have my office draft the dismissal papers.
Not so fast, Mr.
Dworkin.
Th is Detective Fontana, is this sort of roughhousing his usual MO? There's no evidence of it.
In that case, I find Mr.
McCoy's explanation perfectly valid.
What about shoving the gun in his eye? Without other proof, admissibility still depends on the credibility of Mr.
Lowell versus that of Detective Fontana.
And I don't believe a word out of your client's mouth, Mr.
Dworkin.
Therefore I am denying the motion to dismiss.
Anything interesting? There are a couple of cases justifying the use of extreme physical force to obtain a confession.
They're from Alabama in 1954.
I don't think you'll find anything in those books to ease a guilty conscience, Alex.
If I knew for sure that Fontana did what Lowell said he did Spray from the motorboat, Jack? Give me a break.
Fine.
What if he did do it? Even Alan Dershowitz, the Babe Ruth of Civil Rights, said that under some circumstances, torture is not only justifiable it's obligatory.
That's right.
To find a ticking nuclear device hidden somewhere in New York City.
So it's okay to torture someone to save a million lives? There's at least an argument for it.
What if the bomb wasn't in New York City? What if it was in Rugby, North Dakota where only a couple of thousand people would be at risk? That's a bogus argument.
I don't think the Grants would agree.
Let's not forget that Mitchell Lowell kidnapped their little girl.
Let's also not forget that we have a constitution.
Call me a stickler, but I think we should at least pretend to follow it.
And I think that the constitution should be used less as a shield for the guilty and more as a sword for their innocent victims.
Did Fontana do what they claim he did? He said he didn't.
But you're not 100%? Well whatever happened, by judicial fiat, it's no longer your problem.
Torture is morally wrong, at least according to the petition I signed condemning the fun and games at Guantanamo Bay.
Well, that's true, but your morality is not at issue here.
That won't help me sleep at night, Arthur.
You know I was about, six the first time I went fishing with my old man.
Hell, if I didn't catch one about like that.
Just getting ready to plop him down into the bucket when I started wondering some grown up things.
You know about right and wrong, good and bad.
That fish had never done anything to me, why should I kill him? Well, I was getting ready to toss him back and then it hit me.
If I do the right thing by the fish, I'm left with nothing but a can of string beans and a stale biscuit for dinner.
Well, there I stood, frozen as a popsicle, until my dad looked me in the eye and he said, "Son, there's nothing either good or bad, but thinking makes it so.
" And I want to tell you, no fish ever tasted better.
I hate to burst your bubble.
But your father borrowed that tidbit from Hamlet.
Say, isn't he that fellah who sat around thinking and talking to himself while other people were going to hell in a hand basket? So, you're telling me to go ahead and use the evidence most judges would have tossed? I'm telling you to make a deal with the S.
O.
B.
I knew you were the best, Jack.
Show me one other D.
A.
this generous.
Good.
Alex will contact Judge Bradley.
Here's the thing, my nana set me straight a long time ago when I was about to take that first step down the road to the rest of my life.
"Kid," she said.
"One day a man'll tell you that for a mere hundred bucks, "he'll sell you a diamond as big as the Ritz.
" "Now as sure as I ate my first bowl of borscht in Minsk," she said.
"That diamond is gonna come on the back of a baseball card" "and the Ritz will taste great with a shmear.
" Do we have a deal or not, Mr.
Dworkin? So cute, but so serious.
After Judge Bradley's ruling you should be too.
Ten years is a gift.
Why are you putting on the white beard, red coat and funny hat this time of year? Hell, I'll talk to my guy but, considering His Honor handed me an appeal on a platinum platter, I'm going to have to recommend he pass.
I thought if I did what they wanted, maybe they'd leave Julie alone.
How much did he ask you to steal? He just said to fill up the bag.
I fit in a little over $700,000.
Why didn't you call the police? Do you have any idea what it's like? Having your daughter's life rest on the whim of men without conscience, men who will do anything for money.
I'm not a hero.
I'm just a father trying to do what's best for his daughter.
I was scared.
When you left your apartment that morning, did you lock the door? Of course.
And when Julie's there I check it twice.
Good for you.
I'm just suggesting with Dworkin across the aisle, that it's best to watch your back.
Thanks to the Honorable Judge Bradley, his clowning may all be for naught.
And when Fontana takes the stand? Dworkin didn't object to Green's hearsay testimony, so I have no reason to call him.
That doesn't mean that Squirt won't invite him to testify.
Strange.
Dworkin didn't submit an affidavit for Lowell's ex-wife.
She was there when he confessed to Fontana.
She was downstairs.
Sure, but she would have noticed if his head was wet when Fontana dragged him down the stairs and out the door.
And if she did see it, why didn't Dworkin use it in his motion to dismiss? It could mean that Fontana didn't violate procedure after all.
After Dworkin's motion was denied, it doesn't make any difference one way or the other.
It does to me.
I should have called the cops the minute the Harbor Master told me he was on the yacht.
Why didn't you? 'Cause I'm a jerk.
Hey, the man forged my signature, mortgaged my house and still, jerk that I am, I stayed married to him.
He's a con man.
He's good at what he does.
But? I don't think that I would have tried to protect him when the cops showed up.
Why did you want to see me? I just want to know if you noticed anything unusual when Detective Fontana brought Mitch downstairs? Like his head-dripping wet? Don't worry.
If you want me to lie for you, I am ready, willing, and very credible.
You've been thinking about that offer? Every second of every day.
Too bad the Canons won't let me accept it.
I don't want to hear about Nazis or plantation owners, Randy.
The truth is, I'm in no mood for your games at all.
So, I spent my day listing appropriate four letter epithets for Judge Bradley.
Off the record so did I.
If you haven't noticed, I only bring out the rack on special occasions.
Bradley's ruling gives society's imprimatur to barbaric behavior.
Which will just lead to more brutal behavior by the cops.
It'll force the innocent to lie and guaranty punishment whether a suspect is guilty or not.
It's globally rejected.
Morally deplorable.
Amen.
On the other hand, I wouldn't be totally pissed if Lowell spent the rest of his life in Attica.
Just like your rack, Jack, I only dust off my high horse in dire circumstances.
Off the record? Man to man.
Whatever he did, Fontana found the girl.
The slippery slope argument is a bunch of crap.
We sanction the death penalty.
If killing's okay, how can a little physical persuasion be wrong? It all comes down to weighing the life of an innocent girl against the momentary discomfort of a felon.
Three cheers for Fontana, is what I say.
So why do we both feel like taking a hot shower? Because deep down I'm thrilled to have won the motion to dismiss even though it's morally wrong.
And, in my heart of hearts, I'm ecstatic about losing even though I know that's a legal taboo.
He knocked on the door.
I said, "Who is it?" He said he was Daddy's friend.
So I unlocked the door and let him in.
Did he scare you? No.
He gave me candy and asked me if I wanted to go on a boat ride.
I said yes.
Of course you did.
Did he ever touch you? He held my hand.
Did that hurt? No.
He was nice.
On the boat he gave me pizza and let me watch movies.
Tell me, Julie, how'd you get so damn cute? Did you hear what Mr.
Lowell said to your father on the phone? He said he was going to kill me.
And that didn't scare you? At first it did, but then he winked at me and said it was just a joke on Daddy.
Thank you.
Nothing further.
The defense calls Detective Joseph Fontana.
I found the defendant hiding in a corner.
The door to the room in which Mr.
Lowell was hiding, was it open? No.
Was it unlocked? No.
So how'd you get in? I forced it open.
- You kicked it in? - That's right.
And then once you were in, what? You shook his hand? I detained him.
Did you grab him by the neck? I detained him.
Nothing like a good old juicy euphemism.
- Objection.
- Withdrawn.
Did you get physical with Mr.
Lowell? I don't know what you mean by physical, but he told me where he hid the little girl and then agreed to take me there.
Did you ever give him an old fashioned kick in the rump? A smack in the kisser maybe? No.
- Did you shove your gun into his eye? - Objection! Did you shove his head into the toilet bowl? - Approach, Your Honor.
Your Honor has already ruled that the defendant's claims weren't credible.
And the witness is merely confirming Your Honor's finding of fact.
No harm, no foul.
You can proceed.
Mr.
Dworkin.
But no mention of the fact that I already ruled on this.
Did you shove your gun in Mr.
Lowell's eye? I was in hot pursuit of a felon so, naturally, I had my weapon drawn.
So, that's a yes? Objection.
Withdrawn.
Did you shove his head into the toilet not once, not twice, but three times? I was trying to save a little girl's life.
Please, direct the witness to answer the question! Objection! Your Honor this is prejudicial.
You're damn straight it is.
Your Honor, I move for immediate dismissal.
My chambers, now! That was a clear admission.
I didn't hear him admit anything.
Okay, it was a tacit admission of an illegally obtained confession, making, as Your Honor opined earlier, the whole kit and caboodle inadmissible.
It's irrelevant.
We've got the girl's testimony connecting the defendant Only you wouldn't have the girl if Fontana didn't get medieval on him.
Plums of the poisonous tree, Your Honor.
Without Fontana's abuse, my client wouldn't have told him that the girl was on the boat, Fontana wouldn't have located her and she certainly wouldn't have been in the courtroom to connect him to anything.
Please tell me you've got something to link him to the robbery, Mr.
McCoy.
In that case, Your Honor, I move for a complete dismissal of all charges.
Wait.
If we can establish that the police would have discovered Julie Grant's location, separate and apart from the defendant's coerced confession.
You'd make my day, Ms.
Borgia.
The Harbor Master informed Mrs.
Lowell that the defendant was on her boat before he showed up at her house.
I'm sure she'll sign an affidavit to that effect.
Once the defendant refused to cooperate, Detective Fontana surely would have interrogated Mrs.
Lowell about everything concerning his visit.
She certainly would have mentioned the Harbor Master's phone call.
Detective Fontana would have followed up and he would have found the kidnapped child.
This establishes inevitable discovery and makes all of the evidence admissible.
Thank you, Ms.
Borgia.
Motion denied.
Very good, Alex.
I don't want to talk about it.
Detective Fontana extracted from my client what we in the legal biz call a coerced confession.
How do we know this? He told us so himself, that's how.
What, you don't remember that? No.
No.
No.
You didn't doze off during his testimony.
Let me, as they say, refresh your recollections.
Detective Fontana was sitting right there and I asked him directly if he used certain specific abusive acts to encourage Mr.
Lowell to talk.
Of course you remember.
That's when Mr.
McCoy got all red in the face and screamed something about prejudicial testimony.
My question is, do you remember Detective Fontana ever saying, "No, I did not commit those brutal acts?" I sure don't.
Where I come from if someone accuses you of something barbaric and you don't deny it, well Do we, as good citizens of this great state, really want to give our stamp of approval to such conduct by our cops? When you talk about it amongst yourselves, what I want you to do is weigh on the one hand, Detective Fontana kicking in a door and on the other, Mr.
Lowell knocking politely on Julie Grant's door and asking if he could come in.
On the one hand, grabbing Mitchell Lowell's neck.
On the other, giving Julie a piece of candy.
Shoving a gun in his eye.
Taking her on a boat ride.
Dragging him across the room by his neck.
Holding her hand so she wouldn't be scared.
Shoving his head in a toilet three times.
Giving her pizza and letting her watch movies.
Legal.
Illegal.
How can that be? Like it or not, in evaluating the case against Mitchell Lowell, Detective Fontana's actions are irrelevant and must be ignored.
Like it or not, the law says that you must focus only on what the defendant did.
I'm realistic.
I know you're good people and, as such, it's next to impossible that you could ignore what you heard or didn't hear in this courtroom.
And I also know that by asking you to weigh the defendant's actions against the police officer's, Mr.
Dworkin is, in effect, appealing to your fundamental sense of fair play.
Is that a bad thing? Heck, what's good for the goose is good for the gander.
We all know that.
Fairness is all.
Or is it? Does Mr.
Dworkin's fairness leave any room for justice? That fairness exists in a vacuum while justice, on the other hand, cannot.
In Mr.
Dworkin's vacuum world, we'd have to treat a rapist the same as we treat a man who made love to his wife.
After all, they've both performed the same physical act.
It's only fair.
In Mr.
Dworkin's vacuum world, the terrorist must be treated the same as the soldier who tracks him down and kills him.
Of course he does.
Each of them has taken a human life and what's fair is only fair.
In Mr.
Dworkin's vacuum world, the man who takes a little girl hostage while attempting to rob a bank, as long as he feeds her well, must be treated better than a cop who used excessive force in trying to save the life of that innocent child.
It's only fair.
But is it just? The benchmark of a civilized society is the quality of its justice.
In this society, we put kidnappers and bank robbers behind bars.
Have you reached a verdict? We have.
On the count of Robbery in the First Degree, how do you find? We find the defendant, Mitchell Lowell, guilty.
On the charge of Kidnapping in the First Degree, how do you find? We find the defendant guilty.
Moral righteousness be damned.
I'm fine with the result.
Hey, me and you, Jack, same page.
Not to worry.
Secrets are my specialty.
Are you ever serious? Dead serious.
Suppose Lowell wasn't the one who was tortured.
Suppose Fontana got Lowell to talk by dunking his mother or his daughter, or his poodle in the toilet.
Are we fine with that one too? Yeah, I don't know either.