Law & Order (1990) s25e21 Episode Script
Liberty
1
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.
[LIVELY CHATTER]
[UP-TEMPO PIANO MUSIC PLAYING]
[SIGHS] 24.
Tough luck.
Son of a bitch!
You're killing me.
What are you doing,
hitting the 16 against a 5?
It's suicide.
I do it my way.
Hey.
Take it easy, okay?
Your marker to cover this
last shoe didn't go through.
That's impossible, bro.
I need you two to come with me.
♪
Leave the chips.
Your guy's late.
[TENSE MUSIC]
He's coming.
I promise.
See, when you hand over
a credit card to pay for cards,
that's a promise, too, right?
So your word doesn't mean
a whole lot around here
right now, you understand?
What are you two doing here anyway?
You're out there for months at a time.
You have 48 hours in the city.
You wind up in here,
playing cards you suck at
and can't afford.
I don't know.
[DOOR CLICKS]
Oh, good.
Daddy's here.
♪
Let's get this done.
Four grand.
Make it six.
It's a little motto
I learned in business school.
Where there's four, there is six.
♪
Then we have two choices.
Educate me, please.
I give you the four grand
that they owe you,
or you're gonna ask me for six again,
and when you do,
make sure you got those guys
by your side.
♪
[CAMERA SHUTTER SNAPPING]
[SIRENS WHOOPING]
Okay, Officer, what do we got?
It happened up there.
No way he's surviving that.
We're sure he didn't fall?
Or jump?
'Cause that's a different department.
No, he was pushed.
That lady called 911.
At 10:35, she was walking down here,
heard arguing between two men.
Next thing she knew,
this guy went over the side,
screaming, grabbing at the air.
Cracked his head open.
Hey.
Hey, what are you doing here, Lou?
Victim's name is Wally Kane.
He's a vice admiral in the U.S. Navy,
commander of a strike group
visiting for Fleet Week.
Everybody's watching this one
- [PHONE BUZZES]
- Including the DA.
Damn.
[DRAMATIC MUSIC]
♪
Why was Wally Kane in New York, huh?
For Fleet Week, a celebration
of America's maritime power.
That's who New York City
managed to fail this time,
our very best.
Why? Look right to the top,
to the weak, soft-on-crime DA.
This city is overrun
No worse enemy than a former friend.
- They can't even protect
- [TV SWITCHES OFF]
Well, I already contributed
to your campaign, so
Thanks for stopping by.
The death of Vice Admiral Kane
has already gotten political.
It's only been 12 hours.
Political how?
Well, it turns out
that the soft-on-crime DA
is to blame for all this.
- Okay, so you need answers.
- As soon as possible.
We're on it.
Nick, doors open in five minutes.
Just stay on message
to the extent possible,
and just be charming.
It's what I do.
Gotta go. Keep me updated, OK?
Good luck.
[INDISTINCT SPEECH]
Wally Kane carried out
airstrikes in Bosnia,
flew sorties in Kosovo,
coordinated strikes
against the Taliban.
We've become generous
with the word "hero."
But out there,
character reveals itself
in ways land rats can't understand.
If there was risk, he faced it.
Consequence he absorbed it.
Recognition or praise
well, he passed that on to you.
Honor him by obeying his wishes.
Take care of your shipmates.
We have the watch.
ALL: Aye, aye, sir!
Wally Kane and I were friends
for 30 years.
Sounds like he meant
a lot to this crew.
We understand he spent
most of his time on this ship.
Uh-huh.
He he loved the job, the mission.
Right. Were you with him last night?
No.
When we're here for Fleet Week,
I'm slammed.
Part of the routine is we open
up the fleet to the public,
show off what we do.
So I was stuck here on the ship.
Did Vice Admiral Kane
seem like he was under
any strain lately?
Anything seem off?
No. If anything, he was on a high.
You may have read that
I've been nominated
to be the next Secretary of Defense,
which meant that Wally
was in line to take my job,
getting his fourth star.
We got access to Vice Admiral
Kane's credit cards,
and it looks like he took out
a $4,000 cash advance
last night downtown on Orchard Street.
Any idea why he might have
been in that part of town?
No. Sorry.
- Excuse me, sir.
- Yeah.
Admiral, Seaman Harris
and Seaman Nicholls
request permission
to speak with the officers.
Detectives.
Carry on.
We have something we need to confess.
Wally Kane paid their tab?
Yeah, apparently,
these two dopey sailors
got way in over their head
playing blackjack.
Kane shows up with four grand
to bail them out.
That's a hell of a boss.
You'd do the same thing for me, right?
No, I definitely would not.
We're putting together
a timeline here.
Looks like Kane left
the card room around 9:30 p.m.,
assuming he was going back
to the ship.
An elevated walkway would
have been a good way to go.
Until it wasn't.
Hey, check this out.
Just got footage of the incident
from this little bodega
across the street.
- Of the actual crime?
- Mm-hmm.
I mean, the quality's not great,
but if you step through it,
it tells the story.
There's Kane.
Here comes another guy.
I can't quite make out his features.
They argue.
It gets nasty quick.
And then
- [EXHALES]
- Man, what a way to go.
Yeah, we lose the perp after that.
The warrant landed.
We just got access
to Kane's text messages.
And?
"You owe me. Alternative bad for all."
9:40 p.m. last night.
9:40 p.m.
Kane was dead an hour later.
- Who sent that?
- I don't know yet.
The contact name
on the phone is just FM.
Okay.
Let's figure it out and find him.
"Alternative bad for all."
I'm no genius, Mr. Mazzeo,
but it feels like
the alternative
in this case was murder.
No, it was I was
Wally and I have known
each other forever.
It was a little dispute.
Dispute about what?
Business.
Wally Kane was in the Navy.
We were talking about
investing in a new venture.
I own and lease ports
all over the country.
So his skill set was useful to me.
Well, when was the last time
you saw Vice Admiral Kane?
I don't know.
A few months?
Hmm.
Frank, we tracked his Fitbit.
We know you were with him last night
at Bub O'Malley's bar, 8:30 p.m.
It's really not a good look.
- It's not what you think.
- No?
'Cause it seems pretty simple to me.
Wally owed you money.
You tried to resolve it at the bar.
It didn't work out,
so you hunted him down
on the elevated walkway,
and then you pushed him overboard.
- No.
- No?
That's not we met up
to talk about business,
and then I went home, I swear,
and I can prove it to you.
- [KNOCK AT DOOR]
- [DOOR OPENS]
Hey, Lou, I need you
out here a minute.
Now?
ADIC's here.
Who is here?
Assistant Director
In Charge of the FBI.
[SUSPENSEFUL MUSIC]
♪
You need to release Frank Mazzeo.
Why is that?
I can't get into the details
at the moment.
Well, we're investigating
him for the murder
of a vice admiral
in the United States Navy.
He didn't do it. I assure you.
Okay. Well, then, forget it.
I can explain more later,
but right now, I
What's his alibi?
I mean, do you have any proof
for us that he's not involved?
Like I said, we can talk
about all this down the road,
but right now,
we need to pull him out.
I'm not releasing him.
Then that would be a bad career move.
Are you seriously threatening me?
All right, Jess, come on.
We just need to know that
Mr. Mazzeo is not
gonna be leaving town anytime soon.
He's not.
♪
Fine, he's all yours.
♪
Time to go.
♪
What the hell is going on?
♪
Thank you.
Frank Mazzeo's alibi holds up.
He was home at the time of the murder.
But he admits talking
business with Wally Kane
and then sending him
a nasty text afterward.
And apparently, he's so important
that the FBI can just
rip him out of the middle
of an interrogation.
Well, just because Mazzeo
didn't commit the murder
doesn't mean
he's not involved somehow.
Let's track his movements
from the time he left the bar
at 8:30 until the 911 call.
Mr. Campisi,
is that your vehicle, sir?
- That's my vehicle.
- So you know Frank Mazzeo.
- I do.
- How?
We work together.
You own and lease ports too?
No.
I work for the FBI.
So Mazzeo was working undercover?
No. He's an informant.
And you're his handler?
That's why I was over
at Bub O'Malley's that night.
Was Wally Kane involved in this?
Look, we're on the same team.
I get it.
But this needs to stay off the record.
You got it.
Wally Kane was our target.
Can you be more specific?
Look, we don't need
chapter and verse here.
We just wanna know if
your operation has anything
to do with our murder.
I don't know.
- Sorry.
- What kind of case is it?
Bribery.
Mazzeo controls a big chunk
of the waterfront around here.
And he was paying people off
so they would dock
their boats in his ports.
And Wally Kane was
one of those people?
So he's taking bribes
to dock Navy vessels
with this Mazzeo guy, huh?
Yes.
Anyone else involved?
[SUSPENSEFUL MUSIC]
What is your business
with the admiral?
Well, we need to
discuss that with him.
Flag officer on deck!
As you were.
Detectives. And
This is Lieutenant Brady.
Have you made an arrest?
No, but we think we might be close.
Could we have a word
with you in private?
Anything you need to say to me,
you can say in front of them.
We don't keep secrets on this ship.
Okay.
We think you were taking bribes.
We think you met with Wally Kane
to talk about Frank Mazzeo
because you knew the Feds would
Get the hell out of here.
Sorry, that's not how this works.
Now!
What is this?
This is a United States Navy vessel,
a protected federal enclave
under maritime and territorial
jurisdiction law.
No one comes aboard
without my express permission.
[TENSE MUSIC]
♪
Where's my evidence?
We've got 17 cash deposits
made to Admiral Garvey's
account over four months.
All just less than $10,000
to avoid detection.
Okay, but we need more.
I got some video.
Haven Avenue, a quarter mile
from the murder scene,
six minutes after the 911 call.
And it looks like Garvey.
Yeah, that's that scarf
from the walkway video.
Now, I couldn't get
a hit on facial rec,
but he stops and talks to this
guy who's in uniform, a sailor.
And we can see his face clear as day.
And every member of the military
is in facial rec.
Great. Track him down.
You bet. That's me.
You're positive you were
talking to Admiral Garvey?
Are you kidding?
To guys like us,
Admiral Garvey is a celebrity.
I never even talked to him before.
I wasn't gonna miss my chance.
How did he seem
when you talked to him?
A little shaken up, to be honest.
Wasn't interested in a long
conversation, that's for sure.
[SUSPENSEFUL MUSIC]
♪
State your business.
Don't bother.
Pursuant to MRE 315,
NCIS has determined
that probable cause exists
for these authorities
to conduct a search of this vessel.
This is a legal order.
All hands will cooperate
and will not interfere.
♪
Shoot me.
You wanna tell me
just what the hell it is
you're trying to accomplish?
I can read. This is goddamn outrageous.
The law?
Yeah, it's wild stuff.
Lou.
So?
So
this is you
wearing that scarf and pushing
your friend to his death.
Can you turn around, Admiral?
Place your hands behind
your back, please, sir.
Rusten Garvey, you're under arrest
for the murder
of Vice Admiral Wally Kane.
♪
[SOLDIERS SHOUTING]
Take off my handcuffs
so I can return their salute.
Enough theatrics. Let's go.
I will be back on this deck!
And you are gonna regret this.
Okay, we'll talk soon.
Are you really doing this?
How's it going, Jack?
I can't believe you're out and about,
seeing how dangerous
this city is and all.
Admiral Garvey
is a legend, a war hero,
and you're gonna put him
on trial for murder?
The evidence against him
is significant.
It doesn't look like that to me,
or the people I work with.
He's set to be the next
Secretary of Defense,
for God's sake.
Irrelevant.
To charge Garvey with murder
is a slap in the face to a lot
of very important people, Nick.
Not if he actually did it.
[CAMERA SHUTTERS CLICKING]
The People's case
is strong, Your Honor.
We have video of the admiral
at the crime scene.
And we believe the defendant presents
a significant flight risk.
He is an admiral in the
U.S. Navy, and if released,
he will retake the helm
of his naval fleet
and set sail for the Middle East.
Mr. Banks.
We plead not guilty and look forward
to clearing
Admiral Garvey's reputation.
As for bail,
this man has served our nation
for three decades.
We request reasonable bail.
This is a murder case.
Defendant is hereby remanded.
Your Honor, this is
a political witch hunt.
You can't penalize the defendant
for the DA's office
Watch it, Mr. Banks.
- Next case.
- [GAVEL BANGS]
We're challenging your video evidence.
Judge Sullivan,
the video the People claim
places my client at the crime scene
was obtained from a bodega.
It employed
extremely dated technology.
This is an analog DVR-based system,
first generation
of black box recorders.
Back then, storage was at a premium.
They saved space by using compression.
When the storage is nearly full,
which it always is
at this little shop,
the frames per second rate
drops to 10 per minute.
This is not reliable evidence.
What say you?
Your Honor, the law does not
require perfect technology.
It requires reliable
authentication and relevance,
and we have both.
Now, yes, the system is older,
but it doesn't mean that
these images are unreliable.
I'm worried that the jury
might give undue weight
to what appears to be
visual confirmation.
But it is visual confirmation.
Clearly with
demonstrable deficiencies.
The video is out.
Your Honor, this is
And that's the end of
the conversation, Mr. Price.
Can we win without the video?
Yes, the evidence is strong.
Motive?
Admiral Garvey was trying
to cover his own ass.
What does that mean?
Wally Kane knew that
Mazzeo was coming for him,
that he was wearing a wire.
So he called Garvey,
told him what was going on.
They met up, presumably to talk
about the bind they were in.
And Garvey got upset
and pushed Kane to his death.
Something like that.
Do the phone records and
cell data support all that?
Yes.
Okay, good.
So we're still on solid ground.
We are, yeah.
But this whole video thing,
it was a pretty routine matter.
I mean, we're talking
about surveillance video.
It's the foundation
of modern police work.
And as a result,
the foundation
of most criminal trials.
So for Sullivan
to flat-out suppress it,
based on the simplistic argument that
Attorney Banks put forth, it
it's hard to fathom.
Well, judges have a lot of discretion.
And like you said, the
surveillance system's outdated,
so let it go and move on
to jury selection.
Build a case with what you have,
not with what you wish you had.
Just make sure you
put together a solid jury,
and they're not paying
too much attention
to all that fake news out there.
Yeah.
I came across this little gem
a few hours ago.
Thought you might appreciate it.
Oh, God.
Doesn't stop, does it?
In our system of justice, a
defendant is presumed innocent.
And that doesn't change
unless and until the People
that is myself and Ms. Maroun
prove our case
beyond a reasonable doubt.
If we don't do that,
the law requires you
to return a verdict of not guilty.
So is there anybody here
who feels that if a person
has been charged with a crime,
they probably did something wrong?
Very good.
A-plus so far in civics.
Another issue that we run into
is media coverage.
Information is everywhere,
in the newspapers,
our phones, social media.
This case has garnered some publicity.
Has anyone here read or heard
anything about this case?
It's perfectly understandable.
Juror 211, could you describe
what you've read or heard?
This thing's been all over
the talk shows and stuff.
My understanding is that the cops
might have arrested the wrong guy.
Goodness.
Anyone else heard anything like that?
Yeah, juror 214.
Yeah, I heard the same stuff.
Like, this whole thing is political.
- A witch hunt.
- Right.
- That's the word they used.
- Thank you.
Your Honor, the People move to
excuse jurors 211, 214, and 216
and thank them for their service.
Approach.
[SUSPENSEFUL MUSIC]
♪
Mr. Price, Admiral Garvey
is a Southern white male.
Uh, yes, correct.
Well, you moved to excuse
three white men from this jury.
I'm sorry, Your Honor.
I'm not following.
As a matter of integrity, it's my job
to guard against any impression
that we might be stacking the jury.
Batson tells us that these
strikes could be viewed
as eliminating white men
in favor of minorities
less inclined to sympathize
with the defendant.
Your Honor, I am not moving to strike
because they are white men.
I'm moving to strike
because they acknowledged
suggesting literal fake news
about this case.
Help us out here, fellas.
Could you still be objective
about this case,
despite what you might
have heard on the news?
Yeah, sure.
You didn't walk in here today
with your mind made up
regarding this man's
guilt or innocence?
I don't guess so.
There you have it.
Your Honor, we're not
impugning the character
of these jurors,
but there's no question
that they've been exposed to material
that would never be admissible
in this courtroom.
This creates an unacceptable
risk of prejudice.
Trial by jury does not require us
to seek jurors who have lived
in isolation in this world.
Motion to strike these men is denied.
♪
These are two of the most aggressive
pro-defense rulings I've ever seen.
Video compression? Nonsense.
And this Batson ruling it's absurd.
Batson was designed
to protect Black defendants
who used to get railroaded
by all-white juries,
not powerful white men.
It makes no sense
unless, of course,
that is the whole point.
- Meaning what?
- Meaning,
unless Sullivan knows
what he's doing makes no sense.
Wait, are you suggesting
I can't prove that
he is in Garvey's pocket,
but it definitely feels that way.
Are you seriously accusing
Sullivan of being corrupt?
He's been on the bench for 20 years.
He was a prosecutor for 15.
He started out right here
in this office.
He held your job for, like, five.
Exactly.
That is why this is so concerning,
because he knows better.
I think he should recuse himself.
On what grounds?
Does he know the defendant,
his family members?
Not to my knowledge.
Does he have any special relationship
with Attorney Banks, with the Navy?
Not to my knowledge.
So what, are you gonna
ask him to step aside
'cause you think he's a prick?
For starters, he's gonna
tell you to go to hell.
And then he's really gonna jam you.
Going to war with a judge
is bad business, Nolan.
[LAUGHS] So you want me to
pretend this isn't happening?
I want you to pretend
that he doesn't matter
as much as you think he does.
The jury makes the decision, not him.
[TENSE MUSIC]
♪
Kenneth.
- Nick.
- Hey.
You know, as you might expect,
I've been following
this Garvey case pretty closely.
Is that right?
Yeah, a lot of eyes on this one.
I'm guessing you're pleased with that.
Is that what this is all about?
Me getting the nod for the
DA position instead of you?
I know you wanted it.
Your people weren't
very subtle about it.
I have no idea
what you're talking about.
Well, let me be a little more direct.
You've made two
questionable legal rulings,
and I'm trying to understand why.
Every decision I make
is based on the law.
I sure hope so.
That's the whole point
of this, isn't it?
To follow the law?
To get justice?
I'm gonna give you the benefit
of the doubt on this one,
Kenneth, for the time being.
Is that a threat?
No, it's a compliment.
I have too much respect
for you and your career
to ask for a recusal.
Ask me, you're the one
acting unethically.
Excuse me?
Reaching out to me
on an ex parte basis,
trying to influence a case.
No!
We're just two people
trying to do the right thing
who happened to bump into each other
outside the courthouse.
Have a nice evening.
Vice Admiral Wallace Kane was a hero.
But like all of us,
he was far from perfect.
Two years ago, the FBI discovered
that a man named Frank Mazzeo
was bribing naval officers
to dock their vessels at his slips.
The FBI asked Mr. Mazzeo to cooperate
to implicate the men
that he was paying off.
Vice Admiral Kane
was one of those men.
On the night of the murder,
Mr. Mazzeo met with Kane,
wearing a wire,
hoping to incriminate him.
But Wally Kane was nobody's fool.
He clammed up, he rushed out,
and the first thing he did
was to call his partner
in crime, the defendant.
It was clear to Admiral Garvey
that their secrets
might be exposed, that this whole mess
had to be put to bed,
loose ends tied up.
So he pushed Wally Kane
off the side of a walkway
and watched him fall to his death.
This is the story of two good men,
two brave men doing bad things.
One of those men is now dead,
and the other is the killer.
As Mr. Price just stated,
Admiral Garvey is a brave man,
a hero of several wars.
Admiral Garvey
did not kill Wally Kane.
He loved Wally Kane.
They were roommates at Annapolis.
They worked together for 20 years.
The sad truth here is
the NYPD and the
District Attorney's Office
knew they were under
a political scrutiny,
that the world was watching
and judging them
for allowing something like this
to happen in the first place.
- Objection.
- Overruled.
And the cherry on top, of course,
was the chance to embarrass the
federal government, the Navy.
As this trial moves forward,
please pay attention
to the lack of specific evidence
and the far-fetched narrative
the prosecution
is attempting to craft.
If you do that, you will
come to two conclusions
one, that Admiral Garvey
did not kill Wally Kane,
and two, the DA's office
cares more about politics
than the law.
Thank you for your time,
for your service,
and your fairness.
We will break for lunch.
All parties back here in 90 minutes.
[GAVEL BANGS]
[HANDCUFFS CLICKING]
- Call Mazzeo.
- Now?
Yeah, we're gonna
kick this thing off in style,
make it clear right from the start
that despite the fancy title
and uniform,
Garvey is not
a knight in shining armor.
Navy ships are big.
They need a lot of dock space,
especially during Fleet Week,
when a bunch need to park
at the same time.
So you know, I would incentivize
certain people to use my ports
here in New York,
New Orleans, San Diego.
And by "incentivize,"
you mean paying them cash?
Yeah.
And Wally Kane was
one of those people?
Yes.
When was the last time you saw him?
The night he was killed.
We met for a drink
at a bar on 18th Street.
What was your agenda that evening?
To get Wally to say something stupid.
Can you elaborate?
I was wearing a wire,
a listening device.
I was trying to get him to acknowledge
that we were doing business together,
and he was being paid.
He didn't he didn't bite.
You ever do business
with the defendant?
No, not directly, but Wally said
he shared the bribes with his boss.
- Objection hearsay.
- Sustained.
Nothing further.
This this bribery scheme
was your idea?
Correct.
And you obviously knew what
you were doing was illegal.
Correct.
So breaking the law
doesn't bother you?
No, it bothered me.
It bothered me.
Just not enough, I suppose.
[CHUCKLES] Was that meant to be funny?
No, just honest.
So you're honest
about being a criminal,
about your willingness to
deceive people, skirt the law.
That's one way to put it.
Isn't it also true
that you were arrested
nine years ago for domestic assault?
Objection.
It goes to the witness's
credibility, Your Honor.
Your Honor, this is outrageous.
Relax.
No need for hyperbole.
Let's discuss this in chambers.
[GAVEL BANGS]
Court is adjourned.
[TENSE MUSIC]
Yeah, Mazzeo was arrested
but never convicted.
Hell, he wasn't even charged.
But even if he had been
and was then convicted,
it still isn't admissible.
It has absolutely nothing to do
with his propensity for truthfulness.
- I don't know about that.
- Excuse me?
People who commit crimes
are inherently
less believable than people who don't.
That's not
All right, okay.
All right, let's let's say
that you're right.
But the defense has
already made that point.
And they already established
that the FBI
was investigating Mazzeo for bribery
and that they gave him immunity
in exchange for his cooperation.
And that all makes sense.
That is directly related to this case
and to the defendant's motive.
But this alleged domestic
assault from nine years ago
has absolutely nothing to do
with whether or not
Admiral Garvey killed Wally Kane.
Sure, it does.
It speaks to who this man is in full.
I agree.
The jury has a right to know
that the man accusing
a war hero of fraud,
and, by implication, murder,
is not only a career hustler,
but a wife beater.
You may proceed.
[PENSIVE MUSIC]
♪
I don't know what to say,
other than this is
a highly unusual decision.
No, it's more than that, Nick.
He is jamming us at every turn.
Can't be a coincidence.
It is not a coincidence.
I know you don't wanna hear this
right now or accept it,
but he is in Garvey's pocket.
There is no other explanation.
The question is, can we prove it?
♪
I'm not sure I understand
where you're coming from.
I'm just trying to
this case has been unusual
in many ways.
Oh, how so?
There have been a series
of questionable rulings
that I'd prefer not to bring
into the weeds on this.
I appreciate that, I think.
To put my paranoia to bed,
I need to know how Sullivan
caught this case.
You're the chief administrative judge.
The docket flows through your office.
Was this case assigned to
Sullivan, or did he ask for it?
[SIGHS] Are you really saying
what I think you're saying?
I don't know
what to tell you, Charles,
other than I wouldn't be here
if this weren't a serious matter.
[SUSPENSEFUL MUSIC]
♪
Off the record?
Of course.
Yeah, Sullivan asked for it
claimed he had some expertise
handling cases involving the military.
♪
I kept hoping I was wrong,
that I was overthinking it,
but you bastards
are really doing this.
You're really trying
to fix this damn thing.
That's that's a hell
of an accusation.
Sullivan requested this case.
He's now on the short list for
the Federal Court of Appeals.
He's made pro-defense
ruling after ruling
that made no sense, unless, of course,
you look at them through
a different lens,
and then they make
a whole lot of sense.
Why are we really here, Nick?
I guess I just wanted a chance
to look you in the face
and say, I know,
and that I'm coming for you
and Sullivan
and everyone else involved
in this damn thing.
That would be unwise.
But I don't care.
I am done with this nonsense.
Does everything have to be
so damn political?
Us vs. You?
Can't it just be about the law?
[SIGHS]
Garvey was taking bribes.
He was afraid he was gonna
get caught and he killed a guy.
That's what happened.
Does it really matter?
What the hell does that mean?
[SCOFFS]
It means we want what we want.
And if I were you, I would
find a brilliant legal reason
to give it to us, to dismiss the case.
Win, win.
We get the Secretary of Defense
we want,
and you get to wrap yourself
in the Constitution
and reassure the voters
that you are a noble prosecutor
who would never convict someone
without sufficient evidence.
Not gonna happen.
Our case is still strong,
despite your attempts to undermine it.
[TENSE MUSIC]
Oh.
♪
You were right, Nolan.
You were right all along.
I wish that weren't true.
I'm gonna demand a mistrial.
Really?
And then I'm gonna
file criminal charges
against Sullivan and everyone else
involved in this damn conspiracy.
I'm not so sure that's
What's the alternative?
To stand by and let them make a
mockery of the judicial system?
No, but you're the one who told me
not to get emotional,
that attacking judges
- is bad business
- Stop.
Just stop.
I'm not here for conversation
or a lecture.
Just send me the file.
I'll handle it from here.
♪
[DOORBELL CHIMES]
Ah.
Is this what I think it is?
Well, I'm happy to talk,
but we're feeling pretty good
about where we stand.
Good enough to toss a coin?
Heads, Garvey walks.
Tails, he spends the rest
of his life in prison.
Criminally negligent homicide?
You really cut a deal
with Admiral Garvey
without my consent?
Yes, I did, given the facts.
He'll be out in a year.
Hell, they might even
suspend his sentence.
Yeah, maybe,
but at least we got something.
'Cause we didn't have the cards,
Nick, we just didn't.
That is my decision, not yours.
[SIGHS]
I just couldn't stand there
and watch you destroy your career.
[SOLEMN MUSIC]
You should worry about you,
about your career.
Well, that's what I'm doing, Nick.
And how's that?
You go after Sullivan,
you will get blown up,
you'll lose the election,
and I will lose my job.
And I like what I do,
and I'm good at it.
So if it makes you feel any better,
I did this for me, not you.
It doesn't.
♪
Someone needs to hold the line.
Why not us?
Why not now?
♪
This morning, Admiral Rusten Garvey
pleaded guilty to one count of
criminally negligent homicide.
Based on the evidence
and the specific facts
and circumstances of this case,
we believe this is
a just result for all parties.
In this country, we do not
prosecute to please a crowd,
and we do not neglect
to prosecute to appease one.
The courtroom is a place
where facts still matter,
where evidence still matters,
where the law quietly
and deliberately does its work.
And we must fight as hard as we can
to protect the sanctity
of this hallowed institution
because if we don't, this whole thing,
this grand experiment will crumble.
When we feel ill [SIGHS]
When we feel that lies and injustice
are beginning to invade
our collective well-being,
law is the medicine
that can help us heal.
♪
sync & corrections awaqeded
[DRAMATIC MUSIC]
♪
[WOLF HOWLS]
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.
[LIVELY CHATTER]
[UP-TEMPO PIANO MUSIC PLAYING]
[SIGHS] 24.
Tough luck.
Son of a bitch!
You're killing me.
What are you doing,
hitting the 16 against a 5?
It's suicide.
I do it my way.
Hey.
Take it easy, okay?
Your marker to cover this
last shoe didn't go through.
That's impossible, bro.
I need you two to come with me.
♪
Leave the chips.
Your guy's late.
[TENSE MUSIC]
He's coming.
I promise.
See, when you hand over
a credit card to pay for cards,
that's a promise, too, right?
So your word doesn't mean
a whole lot around here
right now, you understand?
What are you two doing here anyway?
You're out there for months at a time.
You have 48 hours in the city.
You wind up in here,
playing cards you suck at
and can't afford.
I don't know.
[DOOR CLICKS]
Oh, good.
Daddy's here.
♪
Let's get this done.
Four grand.
Make it six.
It's a little motto
I learned in business school.
Where there's four, there is six.
♪
Then we have two choices.
Educate me, please.
I give you the four grand
that they owe you,
or you're gonna ask me for six again,
and when you do,
make sure you got those guys
by your side.
♪
[CAMERA SHUTTER SNAPPING]
[SIRENS WHOOPING]
Okay, Officer, what do we got?
It happened up there.
No way he's surviving that.
We're sure he didn't fall?
Or jump?
'Cause that's a different department.
No, he was pushed.
That lady called 911.
At 10:35, she was walking down here,
heard arguing between two men.
Next thing she knew,
this guy went over the side,
screaming, grabbing at the air.
Cracked his head open.
Hey.
Hey, what are you doing here, Lou?
Victim's name is Wally Kane.
He's a vice admiral in the U.S. Navy,
commander of a strike group
visiting for Fleet Week.
Everybody's watching this one
- [PHONE BUZZES]
- Including the DA.
Damn.
[DRAMATIC MUSIC]
♪
Why was Wally Kane in New York, huh?
For Fleet Week, a celebration
of America's maritime power.
That's who New York City
managed to fail this time,
our very best.
Why? Look right to the top,
to the weak, soft-on-crime DA.
This city is overrun
No worse enemy than a former friend.
- They can't even protect
- [TV SWITCHES OFF]
Well, I already contributed
to your campaign, so
Thanks for stopping by.
The death of Vice Admiral Kane
has already gotten political.
It's only been 12 hours.
Political how?
Well, it turns out
that the soft-on-crime DA
is to blame for all this.
- Okay, so you need answers.
- As soon as possible.
We're on it.
Nick, doors open in five minutes.
Just stay on message
to the extent possible,
and just be charming.
It's what I do.
Gotta go. Keep me updated, OK?
Good luck.
[INDISTINCT SPEECH]
Wally Kane carried out
airstrikes in Bosnia,
flew sorties in Kosovo,
coordinated strikes
against the Taliban.
We've become generous
with the word "hero."
But out there,
character reveals itself
in ways land rats can't understand.
If there was risk, he faced it.
Consequence he absorbed it.
Recognition or praise
well, he passed that on to you.
Honor him by obeying his wishes.
Take care of your shipmates.
We have the watch.
ALL: Aye, aye, sir!
Wally Kane and I were friends
for 30 years.
Sounds like he meant
a lot to this crew.
We understand he spent
most of his time on this ship.
Uh-huh.
He he loved the job, the mission.
Right. Were you with him last night?
No.
When we're here for Fleet Week,
I'm slammed.
Part of the routine is we open
up the fleet to the public,
show off what we do.
So I was stuck here on the ship.
Did Vice Admiral Kane
seem like he was under
any strain lately?
Anything seem off?
No. If anything, he was on a high.
You may have read that
I've been nominated
to be the next Secretary of Defense,
which meant that Wally
was in line to take my job,
getting his fourth star.
We got access to Vice Admiral
Kane's credit cards,
and it looks like he took out
a $4,000 cash advance
last night downtown on Orchard Street.
Any idea why he might have
been in that part of town?
No. Sorry.
- Excuse me, sir.
- Yeah.
Admiral, Seaman Harris
and Seaman Nicholls
request permission
to speak with the officers.
Detectives.
Carry on.
We have something we need to confess.
Wally Kane paid their tab?
Yeah, apparently,
these two dopey sailors
got way in over their head
playing blackjack.
Kane shows up with four grand
to bail them out.
That's a hell of a boss.
You'd do the same thing for me, right?
No, I definitely would not.
We're putting together
a timeline here.
Looks like Kane left
the card room around 9:30 p.m.,
assuming he was going back
to the ship.
An elevated walkway would
have been a good way to go.
Until it wasn't.
Hey, check this out.
Just got footage of the incident
from this little bodega
across the street.
- Of the actual crime?
- Mm-hmm.
I mean, the quality's not great,
but if you step through it,
it tells the story.
There's Kane.
Here comes another guy.
I can't quite make out his features.
They argue.
It gets nasty quick.
And then
- [EXHALES]
- Man, what a way to go.
Yeah, we lose the perp after that.
The warrant landed.
We just got access
to Kane's text messages.
And?
"You owe me. Alternative bad for all."
9:40 p.m. last night.
9:40 p.m.
Kane was dead an hour later.
- Who sent that?
- I don't know yet.
The contact name
on the phone is just FM.
Okay.
Let's figure it out and find him.
"Alternative bad for all."
I'm no genius, Mr. Mazzeo,
but it feels like
the alternative
in this case was murder.
No, it was I was
Wally and I have known
each other forever.
It was a little dispute.
Dispute about what?
Business.
Wally Kane was in the Navy.
We were talking about
investing in a new venture.
I own and lease ports
all over the country.
So his skill set was useful to me.
Well, when was the last time
you saw Vice Admiral Kane?
I don't know.
A few months?
Hmm.
Frank, we tracked his Fitbit.
We know you were with him last night
at Bub O'Malley's bar, 8:30 p.m.
It's really not a good look.
- It's not what you think.
- No?
'Cause it seems pretty simple to me.
Wally owed you money.
You tried to resolve it at the bar.
It didn't work out,
so you hunted him down
on the elevated walkway,
and then you pushed him overboard.
- No.
- No?
That's not we met up
to talk about business,
and then I went home, I swear,
and I can prove it to you.
- [KNOCK AT DOOR]
- [DOOR OPENS]
Hey, Lou, I need you
out here a minute.
Now?
ADIC's here.
Who is here?
Assistant Director
In Charge of the FBI.
[SUSPENSEFUL MUSIC]
♪
You need to release Frank Mazzeo.
Why is that?
I can't get into the details
at the moment.
Well, we're investigating
him for the murder
of a vice admiral
in the United States Navy.
He didn't do it. I assure you.
Okay. Well, then, forget it.
I can explain more later,
but right now, I
What's his alibi?
I mean, do you have any proof
for us that he's not involved?
Like I said, we can talk
about all this down the road,
but right now,
we need to pull him out.
I'm not releasing him.
Then that would be a bad career move.
Are you seriously threatening me?
All right, Jess, come on.
We just need to know that
Mr. Mazzeo is not
gonna be leaving town anytime soon.
He's not.
♪
Fine, he's all yours.
♪
Time to go.
♪
What the hell is going on?
♪
Thank you.
Frank Mazzeo's alibi holds up.
He was home at the time of the murder.
But he admits talking
business with Wally Kane
and then sending him
a nasty text afterward.
And apparently, he's so important
that the FBI can just
rip him out of the middle
of an interrogation.
Well, just because Mazzeo
didn't commit the murder
doesn't mean
he's not involved somehow.
Let's track his movements
from the time he left the bar
at 8:30 until the 911 call.
Mr. Campisi,
is that your vehicle, sir?
- That's my vehicle.
- So you know Frank Mazzeo.
- I do.
- How?
We work together.
You own and lease ports too?
No.
I work for the FBI.
So Mazzeo was working undercover?
No. He's an informant.
And you're his handler?
That's why I was over
at Bub O'Malley's that night.
Was Wally Kane involved in this?
Look, we're on the same team.
I get it.
But this needs to stay off the record.
You got it.
Wally Kane was our target.
Can you be more specific?
Look, we don't need
chapter and verse here.
We just wanna know if
your operation has anything
to do with our murder.
I don't know.
- Sorry.
- What kind of case is it?
Bribery.
Mazzeo controls a big chunk
of the waterfront around here.
And he was paying people off
so they would dock
their boats in his ports.
And Wally Kane was
one of those people?
So he's taking bribes
to dock Navy vessels
with this Mazzeo guy, huh?
Yes.
Anyone else involved?
[SUSPENSEFUL MUSIC]
What is your business
with the admiral?
Well, we need to
discuss that with him.
Flag officer on deck!
As you were.
Detectives. And
This is Lieutenant Brady.
Have you made an arrest?
No, but we think we might be close.
Could we have a word
with you in private?
Anything you need to say to me,
you can say in front of them.
We don't keep secrets on this ship.
Okay.
We think you were taking bribes.
We think you met with Wally Kane
to talk about Frank Mazzeo
because you knew the Feds would
Get the hell out of here.
Sorry, that's not how this works.
Now!
What is this?
This is a United States Navy vessel,
a protected federal enclave
under maritime and territorial
jurisdiction law.
No one comes aboard
without my express permission.
[TENSE MUSIC]
♪
Where's my evidence?
We've got 17 cash deposits
made to Admiral Garvey's
account over four months.
All just less than $10,000
to avoid detection.
Okay, but we need more.
I got some video.
Haven Avenue, a quarter mile
from the murder scene,
six minutes after the 911 call.
And it looks like Garvey.
Yeah, that's that scarf
from the walkway video.
Now, I couldn't get
a hit on facial rec,
but he stops and talks to this
guy who's in uniform, a sailor.
And we can see his face clear as day.
And every member of the military
is in facial rec.
Great. Track him down.
You bet. That's me.
You're positive you were
talking to Admiral Garvey?
Are you kidding?
To guys like us,
Admiral Garvey is a celebrity.
I never even talked to him before.
I wasn't gonna miss my chance.
How did he seem
when you talked to him?
A little shaken up, to be honest.
Wasn't interested in a long
conversation, that's for sure.
[SUSPENSEFUL MUSIC]
♪
State your business.
Don't bother.
Pursuant to MRE 315,
NCIS has determined
that probable cause exists
for these authorities
to conduct a search of this vessel.
This is a legal order.
All hands will cooperate
and will not interfere.
♪
Shoot me.
You wanna tell me
just what the hell it is
you're trying to accomplish?
I can read. This is goddamn outrageous.
The law?
Yeah, it's wild stuff.
Lou.
So?
So
this is you
wearing that scarf and pushing
your friend to his death.
Can you turn around, Admiral?
Place your hands behind
your back, please, sir.
Rusten Garvey, you're under arrest
for the murder
of Vice Admiral Wally Kane.
♪
[SOLDIERS SHOUTING]
Take off my handcuffs
so I can return their salute.
Enough theatrics. Let's go.
I will be back on this deck!
And you are gonna regret this.
Okay, we'll talk soon.
Are you really doing this?
How's it going, Jack?
I can't believe you're out and about,
seeing how dangerous
this city is and all.
Admiral Garvey
is a legend, a war hero,
and you're gonna put him
on trial for murder?
The evidence against him
is significant.
It doesn't look like that to me,
or the people I work with.
He's set to be the next
Secretary of Defense,
for God's sake.
Irrelevant.
To charge Garvey with murder
is a slap in the face to a lot
of very important people, Nick.
Not if he actually did it.
[CAMERA SHUTTERS CLICKING]
The People's case
is strong, Your Honor.
We have video of the admiral
at the crime scene.
And we believe the defendant presents
a significant flight risk.
He is an admiral in the
U.S. Navy, and if released,
he will retake the helm
of his naval fleet
and set sail for the Middle East.
Mr. Banks.
We plead not guilty and look forward
to clearing
Admiral Garvey's reputation.
As for bail,
this man has served our nation
for three decades.
We request reasonable bail.
This is a murder case.
Defendant is hereby remanded.
Your Honor, this is
a political witch hunt.
You can't penalize the defendant
for the DA's office
Watch it, Mr. Banks.
- Next case.
- [GAVEL BANGS]
We're challenging your video evidence.
Judge Sullivan,
the video the People claim
places my client at the crime scene
was obtained from a bodega.
It employed
extremely dated technology.
This is an analog DVR-based system,
first generation
of black box recorders.
Back then, storage was at a premium.
They saved space by using compression.
When the storage is nearly full,
which it always is
at this little shop,
the frames per second rate
drops to 10 per minute.
This is not reliable evidence.
What say you?
Your Honor, the law does not
require perfect technology.
It requires reliable
authentication and relevance,
and we have both.
Now, yes, the system is older,
but it doesn't mean that
these images are unreliable.
I'm worried that the jury
might give undue weight
to what appears to be
visual confirmation.
But it is visual confirmation.
Clearly with
demonstrable deficiencies.
The video is out.
Your Honor, this is
And that's the end of
the conversation, Mr. Price.
Can we win without the video?
Yes, the evidence is strong.
Motive?
Admiral Garvey was trying
to cover his own ass.
What does that mean?
Wally Kane knew that
Mazzeo was coming for him,
that he was wearing a wire.
So he called Garvey,
told him what was going on.
They met up, presumably to talk
about the bind they were in.
And Garvey got upset
and pushed Kane to his death.
Something like that.
Do the phone records and
cell data support all that?
Yes.
Okay, good.
So we're still on solid ground.
We are, yeah.
But this whole video thing,
it was a pretty routine matter.
I mean, we're talking
about surveillance video.
It's the foundation
of modern police work.
And as a result,
the foundation
of most criminal trials.
So for Sullivan
to flat-out suppress it,
based on the simplistic argument that
Attorney Banks put forth, it
it's hard to fathom.
Well, judges have a lot of discretion.
And like you said, the
surveillance system's outdated,
so let it go and move on
to jury selection.
Build a case with what you have,
not with what you wish you had.
Just make sure you
put together a solid jury,
and they're not paying
too much attention
to all that fake news out there.
Yeah.
I came across this little gem
a few hours ago.
Thought you might appreciate it.
Oh, God.
Doesn't stop, does it?
In our system of justice, a
defendant is presumed innocent.
And that doesn't change
unless and until the People
that is myself and Ms. Maroun
prove our case
beyond a reasonable doubt.
If we don't do that,
the law requires you
to return a verdict of not guilty.
So is there anybody here
who feels that if a person
has been charged with a crime,
they probably did something wrong?
Very good.
A-plus so far in civics.
Another issue that we run into
is media coverage.
Information is everywhere,
in the newspapers,
our phones, social media.
This case has garnered some publicity.
Has anyone here read or heard
anything about this case?
It's perfectly understandable.
Juror 211, could you describe
what you've read or heard?
This thing's been all over
the talk shows and stuff.
My understanding is that the cops
might have arrested the wrong guy.
Goodness.
Anyone else heard anything like that?
Yeah, juror 214.
Yeah, I heard the same stuff.
Like, this whole thing is political.
- A witch hunt.
- Right.
- That's the word they used.
- Thank you.
Your Honor, the People move to
excuse jurors 211, 214, and 216
and thank them for their service.
Approach.
[SUSPENSEFUL MUSIC]
♪
Mr. Price, Admiral Garvey
is a Southern white male.
Uh, yes, correct.
Well, you moved to excuse
three white men from this jury.
I'm sorry, Your Honor.
I'm not following.
As a matter of integrity, it's my job
to guard against any impression
that we might be stacking the jury.
Batson tells us that these
strikes could be viewed
as eliminating white men
in favor of minorities
less inclined to sympathize
with the defendant.
Your Honor, I am not moving to strike
because they are white men.
I'm moving to strike
because they acknowledged
suggesting literal fake news
about this case.
Help us out here, fellas.
Could you still be objective
about this case,
despite what you might
have heard on the news?
Yeah, sure.
You didn't walk in here today
with your mind made up
regarding this man's
guilt or innocence?
I don't guess so.
There you have it.
Your Honor, we're not
impugning the character
of these jurors,
but there's no question
that they've been exposed to material
that would never be admissible
in this courtroom.
This creates an unacceptable
risk of prejudice.
Trial by jury does not require us
to seek jurors who have lived
in isolation in this world.
Motion to strike these men is denied.
♪
These are two of the most aggressive
pro-defense rulings I've ever seen.
Video compression? Nonsense.
And this Batson ruling it's absurd.
Batson was designed
to protect Black defendants
who used to get railroaded
by all-white juries,
not powerful white men.
It makes no sense
unless, of course,
that is the whole point.
- Meaning what?
- Meaning,
unless Sullivan knows
what he's doing makes no sense.
Wait, are you suggesting
I can't prove that
he is in Garvey's pocket,
but it definitely feels that way.
Are you seriously accusing
Sullivan of being corrupt?
He's been on the bench for 20 years.
He was a prosecutor for 15.
He started out right here
in this office.
He held your job for, like, five.
Exactly.
That is why this is so concerning,
because he knows better.
I think he should recuse himself.
On what grounds?
Does he know the defendant,
his family members?
Not to my knowledge.
Does he have any special relationship
with Attorney Banks, with the Navy?
Not to my knowledge.
So what, are you gonna
ask him to step aside
'cause you think he's a prick?
For starters, he's gonna
tell you to go to hell.
And then he's really gonna jam you.
Going to war with a judge
is bad business, Nolan.
[LAUGHS] So you want me to
pretend this isn't happening?
I want you to pretend
that he doesn't matter
as much as you think he does.
The jury makes the decision, not him.
[TENSE MUSIC]
♪
Kenneth.
- Nick.
- Hey.
You know, as you might expect,
I've been following
this Garvey case pretty closely.
Is that right?
Yeah, a lot of eyes on this one.
I'm guessing you're pleased with that.
Is that what this is all about?
Me getting the nod for the
DA position instead of you?
I know you wanted it.
Your people weren't
very subtle about it.
I have no idea
what you're talking about.
Well, let me be a little more direct.
You've made two
questionable legal rulings,
and I'm trying to understand why.
Every decision I make
is based on the law.
I sure hope so.
That's the whole point
of this, isn't it?
To follow the law?
To get justice?
I'm gonna give you the benefit
of the doubt on this one,
Kenneth, for the time being.
Is that a threat?
No, it's a compliment.
I have too much respect
for you and your career
to ask for a recusal.
Ask me, you're the one
acting unethically.
Excuse me?
Reaching out to me
on an ex parte basis,
trying to influence a case.
No!
We're just two people
trying to do the right thing
who happened to bump into each other
outside the courthouse.
Have a nice evening.
Vice Admiral Wallace Kane was a hero.
But like all of us,
he was far from perfect.
Two years ago, the FBI discovered
that a man named Frank Mazzeo
was bribing naval officers
to dock their vessels at his slips.
The FBI asked Mr. Mazzeo to cooperate
to implicate the men
that he was paying off.
Vice Admiral Kane
was one of those men.
On the night of the murder,
Mr. Mazzeo met with Kane,
wearing a wire,
hoping to incriminate him.
But Wally Kane was nobody's fool.
He clammed up, he rushed out,
and the first thing he did
was to call his partner
in crime, the defendant.
It was clear to Admiral Garvey
that their secrets
might be exposed, that this whole mess
had to be put to bed,
loose ends tied up.
So he pushed Wally Kane
off the side of a walkway
and watched him fall to his death.
This is the story of two good men,
two brave men doing bad things.
One of those men is now dead,
and the other is the killer.
As Mr. Price just stated,
Admiral Garvey is a brave man,
a hero of several wars.
Admiral Garvey
did not kill Wally Kane.
He loved Wally Kane.
They were roommates at Annapolis.
They worked together for 20 years.
The sad truth here is
the NYPD and the
District Attorney's Office
knew they were under
a political scrutiny,
that the world was watching
and judging them
for allowing something like this
to happen in the first place.
- Objection.
- Overruled.
And the cherry on top, of course,
was the chance to embarrass the
federal government, the Navy.
As this trial moves forward,
please pay attention
to the lack of specific evidence
and the far-fetched narrative
the prosecution
is attempting to craft.
If you do that, you will
come to two conclusions
one, that Admiral Garvey
did not kill Wally Kane,
and two, the DA's office
cares more about politics
than the law.
Thank you for your time,
for your service,
and your fairness.
We will break for lunch.
All parties back here in 90 minutes.
[GAVEL BANGS]
[HANDCUFFS CLICKING]
- Call Mazzeo.
- Now?
Yeah, we're gonna
kick this thing off in style,
make it clear right from the start
that despite the fancy title
and uniform,
Garvey is not
a knight in shining armor.
Navy ships are big.
They need a lot of dock space,
especially during Fleet Week,
when a bunch need to park
at the same time.
So you know, I would incentivize
certain people to use my ports
here in New York,
New Orleans, San Diego.
And by "incentivize,"
you mean paying them cash?
Yeah.
And Wally Kane was
one of those people?
Yes.
When was the last time you saw him?
The night he was killed.
We met for a drink
at a bar on 18th Street.
What was your agenda that evening?
To get Wally to say something stupid.
Can you elaborate?
I was wearing a wire,
a listening device.
I was trying to get him to acknowledge
that we were doing business together,
and he was being paid.
He didn't he didn't bite.
You ever do business
with the defendant?
No, not directly, but Wally said
he shared the bribes with his boss.
- Objection hearsay.
- Sustained.
Nothing further.
This this bribery scheme
was your idea?
Correct.
And you obviously knew what
you were doing was illegal.
Correct.
So breaking the law
doesn't bother you?
No, it bothered me.
It bothered me.
Just not enough, I suppose.
[CHUCKLES] Was that meant to be funny?
No, just honest.
So you're honest
about being a criminal,
about your willingness to
deceive people, skirt the law.
That's one way to put it.
Isn't it also true
that you were arrested
nine years ago for domestic assault?
Objection.
It goes to the witness's
credibility, Your Honor.
Your Honor, this is outrageous.
Relax.
No need for hyperbole.
Let's discuss this in chambers.
[GAVEL BANGS]
Court is adjourned.
[TENSE MUSIC]
Yeah, Mazzeo was arrested
but never convicted.
Hell, he wasn't even charged.
But even if he had been
and was then convicted,
it still isn't admissible.
It has absolutely nothing to do
with his propensity for truthfulness.
- I don't know about that.
- Excuse me?
People who commit crimes
are inherently
less believable than people who don't.
That's not
All right, okay.
All right, let's let's say
that you're right.
But the defense has
already made that point.
And they already established
that the FBI
was investigating Mazzeo for bribery
and that they gave him immunity
in exchange for his cooperation.
And that all makes sense.
That is directly related to this case
and to the defendant's motive.
But this alleged domestic
assault from nine years ago
has absolutely nothing to do
with whether or not
Admiral Garvey killed Wally Kane.
Sure, it does.
It speaks to who this man is in full.
I agree.
The jury has a right to know
that the man accusing
a war hero of fraud,
and, by implication, murder,
is not only a career hustler,
but a wife beater.
You may proceed.
[PENSIVE MUSIC]
♪
I don't know what to say,
other than this is
a highly unusual decision.
No, it's more than that, Nick.
He is jamming us at every turn.
Can't be a coincidence.
It is not a coincidence.
I know you don't wanna hear this
right now or accept it,
but he is in Garvey's pocket.
There is no other explanation.
The question is, can we prove it?
♪
I'm not sure I understand
where you're coming from.
I'm just trying to
this case has been unusual
in many ways.
Oh, how so?
There have been a series
of questionable rulings
that I'd prefer not to bring
into the weeds on this.
I appreciate that, I think.
To put my paranoia to bed,
I need to know how Sullivan
caught this case.
You're the chief administrative judge.
The docket flows through your office.
Was this case assigned to
Sullivan, or did he ask for it?
[SIGHS] Are you really saying
what I think you're saying?
I don't know
what to tell you, Charles,
other than I wouldn't be here
if this weren't a serious matter.
[SUSPENSEFUL MUSIC]
♪
Off the record?
Of course.
Yeah, Sullivan asked for it
claimed he had some expertise
handling cases involving the military.
♪
I kept hoping I was wrong,
that I was overthinking it,
but you bastards
are really doing this.
You're really trying
to fix this damn thing.
That's that's a hell
of an accusation.
Sullivan requested this case.
He's now on the short list for
the Federal Court of Appeals.
He's made pro-defense
ruling after ruling
that made no sense, unless, of course,
you look at them through
a different lens,
and then they make
a whole lot of sense.
Why are we really here, Nick?
I guess I just wanted a chance
to look you in the face
and say, I know,
and that I'm coming for you
and Sullivan
and everyone else involved
in this damn thing.
That would be unwise.
But I don't care.
I am done with this nonsense.
Does everything have to be
so damn political?
Us vs. You?
Can't it just be about the law?
[SIGHS]
Garvey was taking bribes.
He was afraid he was gonna
get caught and he killed a guy.
That's what happened.
Does it really matter?
What the hell does that mean?
[SCOFFS]
It means we want what we want.
And if I were you, I would
find a brilliant legal reason
to give it to us, to dismiss the case.
Win, win.
We get the Secretary of Defense
we want,
and you get to wrap yourself
in the Constitution
and reassure the voters
that you are a noble prosecutor
who would never convict someone
without sufficient evidence.
Not gonna happen.
Our case is still strong,
despite your attempts to undermine it.
[TENSE MUSIC]
Oh.
♪
You were right, Nolan.
You were right all along.
I wish that weren't true.
I'm gonna demand a mistrial.
Really?
And then I'm gonna
file criminal charges
against Sullivan and everyone else
involved in this damn conspiracy.
I'm not so sure that's
What's the alternative?
To stand by and let them make a
mockery of the judicial system?
No, but you're the one who told me
not to get emotional,
that attacking judges
- is bad business
- Stop.
Just stop.
I'm not here for conversation
or a lecture.
Just send me the file.
I'll handle it from here.
♪
[DOORBELL CHIMES]
Ah.
Is this what I think it is?
Well, I'm happy to talk,
but we're feeling pretty good
about where we stand.
Good enough to toss a coin?
Heads, Garvey walks.
Tails, he spends the rest
of his life in prison.
Criminally negligent homicide?
You really cut a deal
with Admiral Garvey
without my consent?
Yes, I did, given the facts.
He'll be out in a year.
Hell, they might even
suspend his sentence.
Yeah, maybe,
but at least we got something.
'Cause we didn't have the cards,
Nick, we just didn't.
That is my decision, not yours.
[SIGHS]
I just couldn't stand there
and watch you destroy your career.
[SOLEMN MUSIC]
You should worry about you,
about your career.
Well, that's what I'm doing, Nick.
And how's that?
You go after Sullivan,
you will get blown up,
you'll lose the election,
and I will lose my job.
And I like what I do,
and I'm good at it.
So if it makes you feel any better,
I did this for me, not you.
It doesn't.
♪
Someone needs to hold the line.
Why not us?
Why not now?
♪
This morning, Admiral Rusten Garvey
pleaded guilty to one count of
criminally negligent homicide.
Based on the evidence
and the specific facts
and circumstances of this case,
we believe this is
a just result for all parties.
In this country, we do not
prosecute to please a crowd,
and we do not neglect
to prosecute to appease one.
The courtroom is a place
where facts still matter,
where evidence still matters,
where the law quietly
and deliberately does its work.
And we must fight as hard as we can
to protect the sanctity
of this hallowed institution
because if we don't, this whole thing,
this grand experiment will crumble.
When we feel ill [SIGHS]
When we feel that lies and injustice
are beginning to invade
our collective well-being,
law is the medicine
that can help us heal.
♪
sync & corrections awaqeded
[DRAMATIC MUSIC]
♪
[WOLF HOWLS]