For Life (2020) s01e03 Episode Script
Brother's Keeper
1 I am Wallace, am under the permanent custody of the state of New York, serving a life sentence for something I didn't do.
Being a prison paralegal, representing fellow inmates that's my only commodity.
Being a lawyer, proving my innocence that's how I'm gonna get myself out of here.
I was hoping maybe you could do something for me.
You're the only one I can trust.
What is this all about? I told you, it's best you don't know.
- What do you need? - My police file.
I'm gonna sue the NYPD to release it.
I see no reason to grant access.
[ BANGS GAVEL .]
MAN: The police refused to give Mr.
Wallace the records from his case.
They're afraid.
How would you even fight your case? I'd find another way.
HASSAN: Of course, it's about self-respect and hope and recognizing there's more going on than just yourself.
But the thing I've learned more than anything in my time here, through my sobriety, through this program, and now through the work that I do in the treatment center, is how to take personal responsibility.
- [ CELL DOOR SLAMS .]
- See, if you don't take responsibility for yourself, for your choices, for where you are you're never gonna be ready when you get out.
Like my man Hamlet said, "The readiness is all.
" Who's next? Frankie.
What about you? I'm just real nervous about going back into gen pop.
I mean, I got my thirty days, but it's a lot easier here, all this support, no temptation.
But just out there, it's so easy to I-I'm sorry to interject here, but I just need to assure you, all of you, that we are cracking down on any kind of drug trade.
But if you do feel tempted, you find a shift commander, and we will get you the support you need.
Thank you, ma'am.
- [ DRILL WHIRRING .]
- You should know, relapses are down, and we've had twice as many applicants this month as last.
Wouldn't be possible without your leadership, Hassan.
You know I appreciate the opportunity.
This is gonna be the transitional wing for newly sober inmates, so they don't have to be released immediately into gen pop.
Excuse me, Ms.
Masry.
Aaron Wallace is at Security down on three, looking for Newcombe.
Says he's representing him.
We don't have a court date yet, but we are meeting so that we can go over our strategy.
And it's Nawaz now.
Not Newcombe.
Not in your paperwork.
[ SCOFFS .]
I think we can afford to lend him the courtesy of addressing him by his preferred name.
- Take him down, then? - Yes, please.
Thank you, ma'am.
As ever.
AARON: I told you nobody looks better on a witness stand than a cop.
So, what'd your brother say? You reach out to him? Nah, not yet.
What's taking so long? You know, I'm not so sure about that, man.
We talked about this.
Why not? I wrote him a 28-page letter when I first got clean.
And? He never wrote me back.
That was three years ago, right? It's not like you did something violent.
Look, man's made it perfectly clear he wants nothing to do with me.
I've been a weight on him his whole life.
The last thing I want to do now is is call him and ask for something.
Alright, look, what if I reach out to him and tell him that you didn't even know I was doing it? We play it like that, if he doesn't want to help, then it's me he's telling to screw off, not you.
Oh, come on, Hassan.
Just let me try.
I'm telling you.
He's the best chance you got.
[ LAUGHS .]
That's what I'm talking about! - That's too good, man.
Too good.
- Oh, man.
[ CELLPHONE RINGS .]
Hello? You are receiving a monitored and recorded call from Inmate 10-B-316 at Bellmore Correctional.
To accept this call, press one.
[ SIGHS .]
MONTE: Aaron.
Yo, Aaron.
You review my charges yet? I'm on it, Monte.
Hearing's not 'til next week.
I'm tellin' you, Nineball's lyin'.
Fork was nowhere near his eye.
Try a spoon next time.
- I can't lose my yard time.
- Monte, Monte, Monte.
- I need my yard time.
- Alright, alright, alright.
- Let him do his thing, alright? - He's lyin'.
[ CHUCKLES .]
Thank you.
[ CHUCKLES .]
So, this is all for Hassan? Yeah.
I'm tracking down some case law.
You reach out to his brother yet? Yeah, he's coming here today.
So, you gonna hit him up right away? I don't even know if he's gonna help Hassan.
I gotta slow-play it, you know what I mean? If he's barely willing to help his brother out, why the hell you think he gonna bend over backwards for you? Haven't figured that out yet.
Well, listen, all I'm saying is, you know, your rep's still a little shaky after the whole Joey Knox thing.
I got 42 guys in here who want me to rep them.
Hassan's the only one with a family member who's a cop.
Now, I need a cop to access my police file.
You got to at least tell Hassan - what your game plan's gonna be.
- No way.
No, I come clean now, he'll pull out.
Yeah, but if you ambush him later I need to know what's in that file, Jamal.
- Without that, I got nothing.
- Alright.
- Alright? End of conversation.
- Alright.
Pass me that.
Here you go, boss man.
[ INDISTINCT CONVERSATIONS .]
You look angrier on TV.
[ CHUCKLES .]
I appreciate you coming all this way.
- Mm-hmm.
- So will Hassan.
Is that what he's calling himself now? It's part of his new deal.
Changed his name, converted to Islam.
He some kind of Malcolm X now? More like Dr.
King.
Okay, I-I'll give you ten minutes, so make it quick.
Alright.
So, here's the deal.
At the time he accepted the plea for the burglary, he was detoxing and out of his mind, which means he was too impaired to make a proper decision.
All I want is for you to testify how bad his addiction was.
That wouldn't be difficult.
- Then you'll do it.
- Mm, I didn't say that.
They put him away for 15 years for stealing copper wire out of a building he thought was abandoned.
He had two other felonies under his belt, and he knew what he was doing.
And if he didn't get caught for that, it would've just been for something else.
I was in here when Hassan first came in.
I know what he was then, what you got in your mind.
But he's a different man now.
He used to steal from our mother.
Took her dialysis equipment one time.
I came home, had to rush her to the hospital.
She nearly died because he needed his vial of crack.
Then when she did die, he wasn't at the funeral because he was locked up.
[ SIGHS .]
I get that he did a lot of things to you and your family.
- I get it because he told me.
- [ SIGHS .]
I get it 'cause I know a lot of people like that.
I'm in here because of someone like that.
But you see that man over there? The one with the do-rag? The only reason he's alive is because Hassan helped him get clean.
And that one there he tried to hang himself last summer.
Hassan helped him turn it all around.
Yeah? You see that punk right there? Table in the corner.
I put him away on attempted murder - and for carjacking.
- [ SIGHS .]
He's here for a reason, just like everybody else.
[ EXHALES SHARPLY .]
And I'm assuming the reason you drove all the way up here is because you've still got some feeling for your brother.
I'm not asking you to forgive him, but what I am asking for is one afternoon to help him get out of here.
I never knew your mother, but I'm sure that's what she would have wanted.
You gonna use my mother on me? I'm a lawyer.
I'll do whatever I can for my client.
Yeah, the clerk tipped me off.
I'm down here now.
Wallace filed a 440, arguing state of mind at the time of the plea.
I guess he thinks 'cause the perp's brother's a cop, that's gonna have some sway, but it'll never fly.
Burg 2 in Queens doesn't sound like much of an angle.
It doesn't even touch his case tangentially.
I don't get what he's doing.
I want to check and see if this cop ever worked the Bronx.
Bottom line is Wallace isn't stopping.
Now we need to cut him off at the knees.
I was so wasted, I didn't know what borough I was in, let alone if anybody was in the building.
So, you went inside.
Then what? I remember going up the stairs, stealing the copper wire from the walls, and then heading back down.
And did you see anybody inside? No.
Hear anybody? I just I just remember it kind of smelled, like like some old garbage or something.
And when the police arrested you and told you somebody was living there? I said I didn't know.
That I was sorry.
I had no idea.
And did you know the person living there was actually a homeless man with a sleeping bag who himself was trespassing? The prosecution will probably object here, and I'll change the word to "squatting," and then we'll move on.
- So, what - Hey, you good at this, man.
I'm still trying to figure that out.
- I'm one for one so far.
- Hey.
How you even get your law degree? From in here? Desperation.
Needing to focus on something to survive.
I managed to get myself clean, but it was the warden who gave me a sense of purpose.
It's amazing what she's done with this place in such a short amount of time.
Against all doubters.
Yeah.
She's almost as stubborn as me.
She just trying to do what's right.
And Lord knows, that's a hard thing a hard thing.
[ WAYNEWOOD'S "DEMON ON MY CHEST" PLAYS .]
Oh No, no Be honest, be honest You look good.
No, no, be honest, be honest Thank you.
For doing this.
Be honest I lost my soul They sold my soul Let's go.
I stumble, fell Fell hot like Hell The demons crawl All on my wall I see them stare - But I don't care - You don't know what this is about? All I know is they have a subpoena.
No The devil's watching over me Yeah And I'm scared to sleep at night - Yeah, yeah - Safiya Masry, Superintendent.
Dez O'Reilly, Assistant District Attorney, the Bronx.
We'll need to look through your security camera footage from last week.
What the hell is this about? "Forgery and filing a false instrument.
" Who are you investigating? Well, it says right there Aaron Wallace.
Do you remember the day your brother - was arrested on this charge? - I do.
Like it was yesterday.
Can you describe that, please? I was on patrol and got the call, went down to the precinct.
He was I barely even recognized him.
It's like he was somewhere else.
Like he was never coming back.
And four days later, when the plea was offered? He was detoxing so bad, I don't think he heard anything the lawyers said.
So, you would say he was incapacitated? Incapacitated? He was incapable of tying his own shoes.
WOMAN OVER PA SYSTEM: Dr.
Carter to Radiology.
Dr.
Carter to Radiology.
- Hey, lady.
- Hey.
- Read something about Aaron.
- Mm? - See you did, too.
- Yeah.
I was, uh I was there, actually, when he won.
- At court? - Mm-hmm.
Last week.
What? I just don't want you getting caught up in all of that again.
I know.
Darius is the best thing that ever happened to you.
Remember that.
Paging Dr.
Roberts.
Paging Dr.
Roberts.
He forged some note on pink stationary and then presented it as evidence in court? We don't know anything yet.
Let's just see what's on the surveillance footage.
MAN: Here we see him take the stationary from her and head back inside? Oh, you allow objects to change hands during visitation.
We do thorough security checks on both sides.
So, does Wallace come back after this or what? Fast forward 39 minutes.
[ MOUSE CLICKS .]
You see him come back in here, as my guards are trying to clear the space.
Then you see Wallace defy them and come forward.
Freeze it there.
Ah.
Geez.
Look at that.
- There it is.
- Now hang on a minute.
You can't even tell from this what that is.
I-I get you're in CYA mode, but what do you think's actually going on here? We'll need to interview the guards who were working the security checks on either side of visitation that day.
Actually, that's something you'd need an additional subpoena for.
This one's only for the security cameras.
We'll come back with that.
Meantime, we'll take a flash drive with this footage, please.
Come on, Tramell.
Do you remember what color it was? Color? No.
Just that he said it was for his daughter.
What about you, Officer Gutierrez? I checked the wife when she came in.
She had this box of stationary.
It was blank pieces of paper, some envelopes.
But the color? No.
Officer Anderson? He came out of the visiting area with the box, went back to gen pop for I don't know.
I couldn't tell you how long, and came back with an envelope.
I checked it, of course.
It had one piece of paper inside.
Had handwriting on it, but I couldn't tell you what it said or anything.
I've got no idea about the color.
Well, they won't be able to bust him, - but obviously, he did it.
- Officer Garrett.
I told you, you couldn't trust Wallace.
I mean, how could he do this? I know, Tom.
- Expose you to all of this.
- I know.
I get it.
You gotta call him in.
The second he gets back from court, read him the riot act.
I'm not doing anything 'til we find out exactly - what happened with that note.
- [ KEYS JINGLE .]
Thank you.
Hey, what's the judge doing back there, anyway? Probably reading cases.
Lots of conflicting precedents.
Well, how long do you think? Hard to say.
Gimme a minute.
MICELLI: Wallace.
[ SIGHS .]
I want to talk to my witness.
Now, I know you must've heard about me, what I'm up against in my own case.
See, they've been denying me my police file for nine years.
They keep saying there's an ongoing investigation, but they've got no indictments, no other charges.
I don't understand why you're telling me this.
I know you got no skin in the game, but I also know you're part of that police group, the 100 Blacks, - the work you do - You want me to do something for you? I thought you could have a look at my file.
They're claiming they got a new witness, but I know it's not true.
So, there's got to be so much more there that's off.
- You know how to read the file.
- Mm-hmm.
You'll know if anything stinks.
All I'm asking is to be pointed in the right direction.
Because I'm in 100 Blacks? You think I'm gonna risk my job for you? [ SCOFFS .]
I got a wife and kids.
Yeah, I got a wife and a daughter who's about to have a baby.
And that's my problem why? Because you took my brother's case? Is that why you took it? - To get to me? - I lost my life.
You should have thought about that before Before what? Before I decided to be black in America? COURT OFFICER: Court is back in session! All rise! Look, all I'm asking is for two hours.
Look it over.
You think it's all clean, fine.
But you see anything that's off, just give me a heads up.
Simply put, Mr.
Wallace, while you did a fine job of showing your client's depravity, you did nothing to prove that his impairment invalidated the voluntary waivers that he gave at the time of his plea.
We have only the testimony of his brother, who, while being a police officer, has a very clear potential bias here.
You offered no testimony from his attorney.
I spoke to his attorney, Your Honor.
Even with a waiver from my client, he still wouldn't talk.
Or from a doctor who could have testified to his condition.
He never saw a doctor until he was admitted.
You brought one witness, and a biased witness at that.
Well, then allow me to subpoena someone else.
This isn't a teaching facility, Mr.
Wallace.
Your opportunity to call witnesses was before you rested your case.
I don't know if any of that would have swayed me, but you certainly did not give your client the best opportunity to win today.
Motion denied.
[ GAVEL BANGS .]
Hey, I'm sorry, man.
I really thought Calvin's testimony was What were you saying to my brother back there? When the judge was in chambers, what were you two arguing about? I asked him to look at my police file.
And do what? To find something that could help.
That was really the best you could do back there? What, you think I'd tank your case when I need your brother's help? Why would I do that? You represent like you some kind of man of the people.
You're just a man that's out for yourself.
- No, that's not what - Just save it, alright? All you're worried about now is your rep, what I'm gonna dish.
Come on, man.
Look, this ain't over.
We can take another shot.
I really thought you were better than this.
My friend said I might get a really horrible metallic taste in my mouth.
Some people experience that.
If you do, ice, lemonade, and hard candies will help.
Okay.
I mean, it's only chemo, right? How bad can it be? [ SIGHS .]
I'm gonna give you my personal number.
You can call me any time.
Even just to say you're scared.
MAN: Ms.
Wallace.
We're here from the District Attorney's office.
We'd like you to come with us.
It's okay, Marie.
I can take over.
You're in good hands.
VANESSA: I don't understand.
I need to get my bag.
- It's in the changing area.
- Of course.
I want to know what's going on here.
Ma'am, this is none of your concern.
- If you please - Vanessa, it's okay.
- Are you arresting her? - I'm fine.
It's okay.
Really? Three? Open Cell Four.
So, how'd it go? You were right, man.
Okay? You were right.
You lost? Gotta find another angle.
Must have missed something.
So, what happened with the brother, then? Oh, forget that, man.
Forget that.
MASKINS: As you can see, it's pretty clear you provided him with the stationary.
He went back to one of his criminal friends, had the letter forged, brought it back to you, and you managed to execute this brilliant hand-off under duress.
Then I'm imagining you took the letter, threw a stamp on it, and mailed it back to your husband at the prison.
We're in the process of getting our hands on the security camera footage around the mailbox where the letter was postmarked.
Will we see you on it? I don't know.
I live in the Bronx.
I mail letters all the time.
Not sure what that would prove.
[ BREATHES DEEPLY .]
Can I get you something to drink? - Some water? Coffee? - No, I'm just fine.
Thank you.
I get that you don't like me.
You think I took your life away.
[ LIQUID POURS .]
But you got to remember, your husband was a drug dealer.
And he didn't leave you in very good shape back then.
The bind he put you in.
And now you're back on your feet.
You got yourself a career as a nurse, a new man.
From my point of view, you are so much better off without him.
Even if you thought he was innocent, which he isn't, I just can't fathom why you would be helping him now.
- You got kids? - Two boys.
- Wife? - Yes.
So, what would you do if someone came along one day and tried to blow everything up, everything you cared about? I guess I'd make sure I never put myself in that position.
[ KNOCK ON DOOR .]
- [ DOOR OPENS .]
- WOMAN: Ms.
Wallace's lawyer's here.
Your husband is poison, Mrs.
Wallace.
I suggest you stay as far away from him as you can, before it starts to affect you and the rest of your family.
- What the hell is it you were doing? - Nothing.
- I just mailed a letter for him.
- Then how'd you end up here? It was a piece of evidence he used in court, alright? They were just trying to scare me.
You got a 17-year-old daughter about to have a baby.
You planning on helping her from behind bars? - Come on, Darius.
- I don't understand - where the hell your head is.
- Enough, alright? I get it.
No, no.
I don't think you do.
I don't think you get it at all.
This man has the power of the government behind him.
They can do whatever they want.
You seen it once, and now you're signing up for it again.
- I'm not signing up for anything.
- You really think Aaron's gonna find some way out of this now that he's a lawyer? Seriously? No.
He's gonna suck you back in, and you're gonna take your eye off of everything else that matters.
I'm not gonna do that, Darius.
You already have.
It's already started.
Look, we're just trying to figure out his angle.
Why? 'Cause he's a hustler with a law degree, a convicted kingpin who's got nothing better to do than file some frivolous lawsuits.
Frivolous lawsuits? Like the one he filed on behalf of my brother? - I'm I'm not saying that.
- So, you get this invested in everybody you put away? Driving around the city, playing P.
I.
? - He embarrassed us, frankly.
- Mm.
We want to make sure that doesn't happen again.
[ CELLPHONE RINGS .]
Well, like you said, he can't embarrass you on some case he's trying in Queens.
So, I guess you're good.
Hello? You are receiving a monitored and recorded call from Inmate 10-B-316.
To accept this call, press one.
[ SIGHS .]
Hey, listen.
I know you're hating on me, but remember the homeless guy who was supposedly living in the tenement your brother broke into? I need you to look up something for me.
You You can't be serious.
The case law's a little sketchy, but if we can show he only slept there a few nights, - we might have a chance.
- What are you talking about? We can maybe argue the building wasn't his home.
We do that, the charge drops to Burg 3 and he gets out on time served.
Wrap it up now.
One minute, and back to your cells for the night.
The guy's name's Arthur Gingrich.
Date of birth 9-17-64.
Check the logs of nearby homeless shelters, see if he has any type of record.
Alright, Wallace, that's it.
Listen, I don't care what you do for me, but maybe you should try and do this for your broth Your call is now disconnected.
[ SIGHS .]
You make me wanna not ever see the day And lock my heart inside a safe But you make me wanna get out of my old ways Even if he's guilty, I still want him out.
For Jazz or for you? Don't do that.
Why not? Because you know I want to be with you.
Say what I mean Simple words You know I love him, as much as anybody.
But he made his choices.
If we follow him down this path, I I just don't see how he doesn't drag us all down with him.
- SAFIYA: Thank you.
- Aaron Wallace is here.
Uh, send him in.
What can I do for you? I'd like a character reference for Hassan.
Oh, I-I thought you'd already lost.
I'm filing a new motion.
I got a different way into it.
You know, I've been trying to figure out why you took his case to begin with.
Seeing how he was prosecuted in Queens, his crime has nothing to do with yours, not even a hint of a connection to Maskins, O'Reilly, the Bronx I gotta clear my legal strategy with you? I know that you're using these inmates to further your own agenda, but I don't see how Hassan fits the bill.
And that troubles me because I care about him.
[ SIGHS .]
I don't know what he told you, but I'm doing everything I can for him.
And if I win, a letter of support from you will be a big help in resentencing.
Fine.
Maybe bring someone from the treatment center, like Frankie.
Someone Hassan has helped.
I'd have to file an order to produce for that.
Well, I would support that.
Clearly.
I appreciate that.
It's a good idea.
Anything you need from me right now? Oh.
No.
I'm good.
[ DOOR CLOSES .]
Hey.
Forget about what happened before.
Where you are now that's all that matters.
Your brother changed my life.
He saved me.
I know it means a lot to him that you're here.
[ DOOR OPENS .]
[ DOOR CLOSES .]
So, you believe Mr.
Newcombe had ineffective assistance of counsel when his plea was made? - Yes, Your Honor.
- I'll admit, I'm curious to hear the argument, particularly coming from you, Mr.
Wallace.
I appreciate the opportunity, Your Honor.
Then show me what you've got.
This is the crime scene photograph taken at the time of the supposed burglary.
It shows a sleeping bag on the third floor.
Now, the police report indicates the name of a man living there after they found a-an expired driver's license left on the ground somewhere.
I'm not clear what the point is here, Your Honor, but the statute clearly states that a property will be considered a dwelling if it is usually occupied by a person therein at night.
And that may be so, and it may even have been occupied by Mr.
Gingrich at some point, but no one, including previous counsel or police, bothered to check to see if Mr.
Gingrich was actually living there when the crime was committed.
That can't be the case.
They saw his sleeping bag, his ID, a few possessions, and made a whole bunch of assumptions.
The case never went to trial.
The plea deal was made four days after the arrest.
There was no reason for the police to return to the scene of the crime and find Mr.
Gingrich.
No reason except to spare my client doing more years than he should have, had they bothered to check.
And certainly, previous counsel had a duty to investigate it.
If they had, they would have found this.
And here, Your Honor, is the death certificate of Mr.
Gingrich.
He was found in an alley around the corner from his dwelling and buried in Potter's Field, six days before my client entered that abandoned building and stole a few hundred dollars' worth of copper wire.
The police didn't do their job, prosecution dropped the ball, and previous counsel was derelict in his ethical and legal obligations.
Because of that, the wrong charge was brought.
The proper charge would have carried a sentence of three to five years, and my client would be walking around a free man as we speak.
Everyone failed him the first time around, Your Honor.
Please, let's not do that to him again.
Hey, what do you think about that judge? You mean, if he's a "Clarence"? [ BOTH LAUGH .]
I guess we'll find out, huh? [ LAUGHS .]
Oh, man.
I'm sorry I never wrote back to you when you sent me that letter.
I meant to.
But I didn't know what to say.
A day became a week became a month, and then I just I just thought that it was too late.
It's never too late.
[ FOOTSTEPS APPROACHING .]
MICELLI: Judge is ready.
[ EXHALES DEEPLY .]
CUMMINGS: So, here we are for round two.
This case presents some close issues of fact and law, and two things are clear.
First, the prosecution did not, let us say, do an admirable job of investigating the facts and circumstances.
And second, that Mr.
Wallace has presented a clever argument.
It would seem logical to submit that a dwelling is no longer a dwelling when the person residing there has died.
However, we have the inconvenient matter of case law.
Perhaps, Mr.
Wallace, this is a concept that you didn't quite fully grasp from your correspondence courses at Bellmore.
The New York State Court of Appeals dealt with this issue directly in People v.
Barney.
I did research that case, Your Honor.
The domicile in question in Barney is a private residence with an owner, and you can't equate a residence of that kind to that of an abandoned building.
Do you have a precedent to cite for me that distinguishes the two? N-No, Your Honor.
I couldn't find one.
That's because it doesn't exist.
Well, then you have discretion here.
Some judges think it's their job to make law in a courtroom.
I am not one of those.
Will you allow me to find a precedent from another state, under the idea of persuasive authority? If you had wanted to take a crack at that, the time to do it would have been before you stepped foot in here today.
You're fortunate that I even gave you a second bite of the apple to begin with.
Valiant effort.
Next time, do better.
[ GAVEL BANGS .]
That's it for today.
Let's get to the bus.
I'm sorry, Hassan.
You did what you could.
I'll come see you next week.
[ CELL DOOR SLAMS .]
JAMAL: You gotta look at it like this, man at least you saved your cred.
You know, Hassan tried to let me off, but, man Everybody in here's out for themselves.
No other way.
Just got to be smart about it.
Maybe slow down.
Hey, Wallace.
That ADA you were up against? He was here asking about some letter - changed hands with your wife.
- When? - Couple days ago.
- What happened? Warden's grilling us about it.
That's all I can say, but I thought you should know.
[ EXHALES SHARPLY .]
- [ CELLPHONE BUZZING .]
- Excuse me.
Oh, I'm sorry.
I'll be right back.
Okay, I got I got two minutes.
I'm with patients right now.
They came to the prison about the letter for Jose.
Yeah, I know.
I was in Maskins' office.
I wanted to text you, but I was afraid they tossed your cell and found your burner.
Wait, Maskins had you in his office? - For what? - He was just being a bully.
Darius came by with a lawyer, and they haven't done anything since.
Well, are you alright? - I'm fine.
- [ SIGHS .]
Geez, Marie, I'm sorry.
I didn't think it would get this far.
I said I'm fine.
You should be worried about yourself.
They have footage off the cameras.
You're gonna have a problem with that warden, but I gotta go.
- I can't do this right now.
- [ EXHALES SHARPLY .]
[ CELLPHONE CLOSES .]
[ CELL DOOR SLAMS .]
[ RADIO CHATTER .]
We got some legal business.
The case.
[ INDISTINCT CONVERSATIONS .]
Hey, you alright, man? Yo, give us a minute? What that judge did, man system's broken.
Nah.
It's working exactly the way they want it to.
That's dark.
It comes with the territory.
Hey, listen.
[ CHAIR SCRAPES .]
I need to ask you something.
It would really help Hassan, the treatment center, the whole population here, if the warden could figure out where the drugs are coming from.
I'm not asking you to snitch.
Not on another prisoner.
But if some C.
O.
is betraying the warden and dirtying up this place, man, that could get her in a whole lot of trouble.
The day Wallace's wife came to see him, he was in Block D, third tier.
You know whose cell happens to be there? Vic Daugherty.
Wild Bill's counterfeiter and forger extraordinaire.
I think you pretty much hit him in every corner his family, the warden.
Plus, he lost his case in Queens.
He did.
Though I still can't figure out what he was going for there.
Cop gave you nothing? I don't even know if it had anything to do with him.
Well, we'll know when we know.
Everybody, go home to your families.
[ CAR ALARM CHIRPS .]
Can I go in? She's waiting for you.
Heard about Hassan.
[ DOOR CLOSES .]
Yeah.
Did you get what you needed from him? Listen, I, uh I know O'Reilly was here with a subpoena.
Mm, quite a stunt you pulled.
Even brought your wife into it? 'Course, you needed somebody to forge that letter, and, oh, who happens to have a world-class forger in his gang? Wild Bill.
Now, I know he didn't just do that for nothing, which means last week, when you horse-traded repping Joey Knox to get something out of me, that was already a debt you owed the Aryans.
You don't like that I killed two birds with one stone? I don't like that you lied to me.
I don't like that you took advantage of my generosity.
And I don't like that you seem to have no radar - for where the line is.
- The line? The thing that keeps us from having problems.
So, you dragged me all the way up here to tell me I need to change the way I'm operating.
Is that it? With respect, I can't do that.
I had a judge keep Hassan in here for no real reason except he wanted to teach me a lesson.
I got a DA running for highest office in the state who thinks he can use taxpayer's dollars to pull my wife out of a chemotherapy session with a dying woman to harass and intimidate her to get at me.
And you want me to figure out where the line is? That line is where I feel it needs to be on any given day.
Now, I know you're gonna threaten to revoke my privileges, but you do that, you are not gonna get the Intel I have on the guards and the drug trade.
Okay, stop.
You got something real? Look, I can't tell you where I got it, but it's real.
Oh, oh Oh, oh, oh Oh, no My hands are sore Carrying promises Another war That I've lost My time is yours [ DOOR OPENS, CLOSES .]
Waste it carefully - AARON: [ SIGHS .]
- You hit and run Extra security checks on the other side.
Both sides.
I'm sorry, Marie.
I will never put you in that position again.
You're the one I'm doing this for.
You and Jazz.
Y - You're all I care about.
- [ SIGHS .]
If it's legal, we're all good.
- Anything else, I'm out.
- I get it.
What's in the envelope? Some cop rings my doorbell and hands me this.
Photocopy of your entire police file.
Oh, oh He says you might want to start on page 74.
It's marked.
I have no idea how that even happened, - and I don't want to.
- [ EXHALES SHARPLY .]
But I know how much you said you needed it, so I hope whatever you did to get it [ EXHALES SHARPLY .]
Thank you.
For bringing this.
Be good to me Jasmine's gotta study for her biology midterm and she's gonna need my help, so I gotta go.
This is a start, Marie.
This is the story of how they got me.
With this [ SIGHS .]
This is gonna get me home.
Ooh, ooh, ooh Be good to me Unh Be good to me Be good to me Be good to me Be good to me Be good to me Good Be good to me
Being a prison paralegal, representing fellow inmates that's my only commodity.
Being a lawyer, proving my innocence that's how I'm gonna get myself out of here.
I was hoping maybe you could do something for me.
You're the only one I can trust.
What is this all about? I told you, it's best you don't know.
- What do you need? - My police file.
I'm gonna sue the NYPD to release it.
I see no reason to grant access.
[ BANGS GAVEL .]
MAN: The police refused to give Mr.
Wallace the records from his case.
They're afraid.
How would you even fight your case? I'd find another way.
HASSAN: Of course, it's about self-respect and hope and recognizing there's more going on than just yourself.
But the thing I've learned more than anything in my time here, through my sobriety, through this program, and now through the work that I do in the treatment center, is how to take personal responsibility.
- [ CELL DOOR SLAMS .]
- See, if you don't take responsibility for yourself, for your choices, for where you are you're never gonna be ready when you get out.
Like my man Hamlet said, "The readiness is all.
" Who's next? Frankie.
What about you? I'm just real nervous about going back into gen pop.
I mean, I got my thirty days, but it's a lot easier here, all this support, no temptation.
But just out there, it's so easy to I-I'm sorry to interject here, but I just need to assure you, all of you, that we are cracking down on any kind of drug trade.
But if you do feel tempted, you find a shift commander, and we will get you the support you need.
Thank you, ma'am.
- [ DRILL WHIRRING .]
- You should know, relapses are down, and we've had twice as many applicants this month as last.
Wouldn't be possible without your leadership, Hassan.
You know I appreciate the opportunity.
This is gonna be the transitional wing for newly sober inmates, so they don't have to be released immediately into gen pop.
Excuse me, Ms.
Masry.
Aaron Wallace is at Security down on three, looking for Newcombe.
Says he's representing him.
We don't have a court date yet, but we are meeting so that we can go over our strategy.
And it's Nawaz now.
Not Newcombe.
Not in your paperwork.
[ SCOFFS .]
I think we can afford to lend him the courtesy of addressing him by his preferred name.
- Take him down, then? - Yes, please.
Thank you, ma'am.
As ever.
AARON: I told you nobody looks better on a witness stand than a cop.
So, what'd your brother say? You reach out to him? Nah, not yet.
What's taking so long? You know, I'm not so sure about that, man.
We talked about this.
Why not? I wrote him a 28-page letter when I first got clean.
And? He never wrote me back.
That was three years ago, right? It's not like you did something violent.
Look, man's made it perfectly clear he wants nothing to do with me.
I've been a weight on him his whole life.
The last thing I want to do now is is call him and ask for something.
Alright, look, what if I reach out to him and tell him that you didn't even know I was doing it? We play it like that, if he doesn't want to help, then it's me he's telling to screw off, not you.
Oh, come on, Hassan.
Just let me try.
I'm telling you.
He's the best chance you got.
[ LAUGHS .]
That's what I'm talking about! - That's too good, man.
Too good.
- Oh, man.
[ CELLPHONE RINGS .]
Hello? You are receiving a monitored and recorded call from Inmate 10-B-316 at Bellmore Correctional.
To accept this call, press one.
[ SIGHS .]
MONTE: Aaron.
Yo, Aaron.
You review my charges yet? I'm on it, Monte.
Hearing's not 'til next week.
I'm tellin' you, Nineball's lyin'.
Fork was nowhere near his eye.
Try a spoon next time.
- I can't lose my yard time.
- Monte, Monte, Monte.
- I need my yard time.
- Alright, alright, alright.
- Let him do his thing, alright? - He's lyin'.
[ CHUCKLES .]
Thank you.
[ CHUCKLES .]
So, this is all for Hassan? Yeah.
I'm tracking down some case law.
You reach out to his brother yet? Yeah, he's coming here today.
So, you gonna hit him up right away? I don't even know if he's gonna help Hassan.
I gotta slow-play it, you know what I mean? If he's barely willing to help his brother out, why the hell you think he gonna bend over backwards for you? Haven't figured that out yet.
Well, listen, all I'm saying is, you know, your rep's still a little shaky after the whole Joey Knox thing.
I got 42 guys in here who want me to rep them.
Hassan's the only one with a family member who's a cop.
Now, I need a cop to access my police file.
You got to at least tell Hassan - what your game plan's gonna be.
- No way.
No, I come clean now, he'll pull out.
Yeah, but if you ambush him later I need to know what's in that file, Jamal.
- Without that, I got nothing.
- Alright.
- Alright? End of conversation.
- Alright.
Pass me that.
Here you go, boss man.
[ INDISTINCT CONVERSATIONS .]
You look angrier on TV.
[ CHUCKLES .]
I appreciate you coming all this way.
- Mm-hmm.
- So will Hassan.
Is that what he's calling himself now? It's part of his new deal.
Changed his name, converted to Islam.
He some kind of Malcolm X now? More like Dr.
King.
Okay, I-I'll give you ten minutes, so make it quick.
Alright.
So, here's the deal.
At the time he accepted the plea for the burglary, he was detoxing and out of his mind, which means he was too impaired to make a proper decision.
All I want is for you to testify how bad his addiction was.
That wouldn't be difficult.
- Then you'll do it.
- Mm, I didn't say that.
They put him away for 15 years for stealing copper wire out of a building he thought was abandoned.
He had two other felonies under his belt, and he knew what he was doing.
And if he didn't get caught for that, it would've just been for something else.
I was in here when Hassan first came in.
I know what he was then, what you got in your mind.
But he's a different man now.
He used to steal from our mother.
Took her dialysis equipment one time.
I came home, had to rush her to the hospital.
She nearly died because he needed his vial of crack.
Then when she did die, he wasn't at the funeral because he was locked up.
[ SIGHS .]
I get that he did a lot of things to you and your family.
- I get it because he told me.
- [ SIGHS .]
I get it 'cause I know a lot of people like that.
I'm in here because of someone like that.
But you see that man over there? The one with the do-rag? The only reason he's alive is because Hassan helped him get clean.
And that one there he tried to hang himself last summer.
Hassan helped him turn it all around.
Yeah? You see that punk right there? Table in the corner.
I put him away on attempted murder - and for carjacking.
- [ SIGHS .]
He's here for a reason, just like everybody else.
[ EXHALES SHARPLY .]
And I'm assuming the reason you drove all the way up here is because you've still got some feeling for your brother.
I'm not asking you to forgive him, but what I am asking for is one afternoon to help him get out of here.
I never knew your mother, but I'm sure that's what she would have wanted.
You gonna use my mother on me? I'm a lawyer.
I'll do whatever I can for my client.
Yeah, the clerk tipped me off.
I'm down here now.
Wallace filed a 440, arguing state of mind at the time of the plea.
I guess he thinks 'cause the perp's brother's a cop, that's gonna have some sway, but it'll never fly.
Burg 2 in Queens doesn't sound like much of an angle.
It doesn't even touch his case tangentially.
I don't get what he's doing.
I want to check and see if this cop ever worked the Bronx.
Bottom line is Wallace isn't stopping.
Now we need to cut him off at the knees.
I was so wasted, I didn't know what borough I was in, let alone if anybody was in the building.
So, you went inside.
Then what? I remember going up the stairs, stealing the copper wire from the walls, and then heading back down.
And did you see anybody inside? No.
Hear anybody? I just I just remember it kind of smelled, like like some old garbage or something.
And when the police arrested you and told you somebody was living there? I said I didn't know.
That I was sorry.
I had no idea.
And did you know the person living there was actually a homeless man with a sleeping bag who himself was trespassing? The prosecution will probably object here, and I'll change the word to "squatting," and then we'll move on.
- So, what - Hey, you good at this, man.
I'm still trying to figure that out.
- I'm one for one so far.
- Hey.
How you even get your law degree? From in here? Desperation.
Needing to focus on something to survive.
I managed to get myself clean, but it was the warden who gave me a sense of purpose.
It's amazing what she's done with this place in such a short amount of time.
Against all doubters.
Yeah.
She's almost as stubborn as me.
She just trying to do what's right.
And Lord knows, that's a hard thing a hard thing.
[ WAYNEWOOD'S "DEMON ON MY CHEST" PLAYS .]
Oh No, no Be honest, be honest You look good.
No, no, be honest, be honest Thank you.
For doing this.
Be honest I lost my soul They sold my soul Let's go.
I stumble, fell Fell hot like Hell The demons crawl All on my wall I see them stare - But I don't care - You don't know what this is about? All I know is they have a subpoena.
No The devil's watching over me Yeah And I'm scared to sleep at night - Yeah, yeah - Safiya Masry, Superintendent.
Dez O'Reilly, Assistant District Attorney, the Bronx.
We'll need to look through your security camera footage from last week.
What the hell is this about? "Forgery and filing a false instrument.
" Who are you investigating? Well, it says right there Aaron Wallace.
Do you remember the day your brother - was arrested on this charge? - I do.
Like it was yesterday.
Can you describe that, please? I was on patrol and got the call, went down to the precinct.
He was I barely even recognized him.
It's like he was somewhere else.
Like he was never coming back.
And four days later, when the plea was offered? He was detoxing so bad, I don't think he heard anything the lawyers said.
So, you would say he was incapacitated? Incapacitated? He was incapable of tying his own shoes.
WOMAN OVER PA SYSTEM: Dr.
Carter to Radiology.
Dr.
Carter to Radiology.
- Hey, lady.
- Hey.
- Read something about Aaron.
- Mm? - See you did, too.
- Yeah.
I was, uh I was there, actually, when he won.
- At court? - Mm-hmm.
Last week.
What? I just don't want you getting caught up in all of that again.
I know.
Darius is the best thing that ever happened to you.
Remember that.
Paging Dr.
Roberts.
Paging Dr.
Roberts.
He forged some note on pink stationary and then presented it as evidence in court? We don't know anything yet.
Let's just see what's on the surveillance footage.
MAN: Here we see him take the stationary from her and head back inside? Oh, you allow objects to change hands during visitation.
We do thorough security checks on both sides.
So, does Wallace come back after this or what? Fast forward 39 minutes.
[ MOUSE CLICKS .]
You see him come back in here, as my guards are trying to clear the space.
Then you see Wallace defy them and come forward.
Freeze it there.
Ah.
Geez.
Look at that.
- There it is.
- Now hang on a minute.
You can't even tell from this what that is.
I-I get you're in CYA mode, but what do you think's actually going on here? We'll need to interview the guards who were working the security checks on either side of visitation that day.
Actually, that's something you'd need an additional subpoena for.
This one's only for the security cameras.
We'll come back with that.
Meantime, we'll take a flash drive with this footage, please.
Come on, Tramell.
Do you remember what color it was? Color? No.
Just that he said it was for his daughter.
What about you, Officer Gutierrez? I checked the wife when she came in.
She had this box of stationary.
It was blank pieces of paper, some envelopes.
But the color? No.
Officer Anderson? He came out of the visiting area with the box, went back to gen pop for I don't know.
I couldn't tell you how long, and came back with an envelope.
I checked it, of course.
It had one piece of paper inside.
Had handwriting on it, but I couldn't tell you what it said or anything.
I've got no idea about the color.
Well, they won't be able to bust him, - but obviously, he did it.
- Officer Garrett.
I told you, you couldn't trust Wallace.
I mean, how could he do this? I know, Tom.
- Expose you to all of this.
- I know.
I get it.
You gotta call him in.
The second he gets back from court, read him the riot act.
I'm not doing anything 'til we find out exactly - what happened with that note.
- [ KEYS JINGLE .]
Thank you.
Hey, what's the judge doing back there, anyway? Probably reading cases.
Lots of conflicting precedents.
Well, how long do you think? Hard to say.
Gimme a minute.
MICELLI: Wallace.
[ SIGHS .]
I want to talk to my witness.
Now, I know you must've heard about me, what I'm up against in my own case.
See, they've been denying me my police file for nine years.
They keep saying there's an ongoing investigation, but they've got no indictments, no other charges.
I don't understand why you're telling me this.
I know you got no skin in the game, but I also know you're part of that police group, the 100 Blacks, - the work you do - You want me to do something for you? I thought you could have a look at my file.
They're claiming they got a new witness, but I know it's not true.
So, there's got to be so much more there that's off.
- You know how to read the file.
- Mm-hmm.
You'll know if anything stinks.
All I'm asking is to be pointed in the right direction.
Because I'm in 100 Blacks? You think I'm gonna risk my job for you? [ SCOFFS .]
I got a wife and kids.
Yeah, I got a wife and a daughter who's about to have a baby.
And that's my problem why? Because you took my brother's case? Is that why you took it? - To get to me? - I lost my life.
You should have thought about that before Before what? Before I decided to be black in America? COURT OFFICER: Court is back in session! All rise! Look, all I'm asking is for two hours.
Look it over.
You think it's all clean, fine.
But you see anything that's off, just give me a heads up.
Simply put, Mr.
Wallace, while you did a fine job of showing your client's depravity, you did nothing to prove that his impairment invalidated the voluntary waivers that he gave at the time of his plea.
We have only the testimony of his brother, who, while being a police officer, has a very clear potential bias here.
You offered no testimony from his attorney.
I spoke to his attorney, Your Honor.
Even with a waiver from my client, he still wouldn't talk.
Or from a doctor who could have testified to his condition.
He never saw a doctor until he was admitted.
You brought one witness, and a biased witness at that.
Well, then allow me to subpoena someone else.
This isn't a teaching facility, Mr.
Wallace.
Your opportunity to call witnesses was before you rested your case.
I don't know if any of that would have swayed me, but you certainly did not give your client the best opportunity to win today.
Motion denied.
[ GAVEL BANGS .]
Hey, I'm sorry, man.
I really thought Calvin's testimony was What were you saying to my brother back there? When the judge was in chambers, what were you two arguing about? I asked him to look at my police file.
And do what? To find something that could help.
That was really the best you could do back there? What, you think I'd tank your case when I need your brother's help? Why would I do that? You represent like you some kind of man of the people.
You're just a man that's out for yourself.
- No, that's not what - Just save it, alright? All you're worried about now is your rep, what I'm gonna dish.
Come on, man.
Look, this ain't over.
We can take another shot.
I really thought you were better than this.
My friend said I might get a really horrible metallic taste in my mouth.
Some people experience that.
If you do, ice, lemonade, and hard candies will help.
Okay.
I mean, it's only chemo, right? How bad can it be? [ SIGHS .]
I'm gonna give you my personal number.
You can call me any time.
Even just to say you're scared.
MAN: Ms.
Wallace.
We're here from the District Attorney's office.
We'd like you to come with us.
It's okay, Marie.
I can take over.
You're in good hands.
VANESSA: I don't understand.
I need to get my bag.
- It's in the changing area.
- Of course.
I want to know what's going on here.
Ma'am, this is none of your concern.
- If you please - Vanessa, it's okay.
- Are you arresting her? - I'm fine.
It's okay.
Really? Three? Open Cell Four.
So, how'd it go? You were right, man.
Okay? You were right.
You lost? Gotta find another angle.
Must have missed something.
So, what happened with the brother, then? Oh, forget that, man.
Forget that.
MASKINS: As you can see, it's pretty clear you provided him with the stationary.
He went back to one of his criminal friends, had the letter forged, brought it back to you, and you managed to execute this brilliant hand-off under duress.
Then I'm imagining you took the letter, threw a stamp on it, and mailed it back to your husband at the prison.
We're in the process of getting our hands on the security camera footage around the mailbox where the letter was postmarked.
Will we see you on it? I don't know.
I live in the Bronx.
I mail letters all the time.
Not sure what that would prove.
[ BREATHES DEEPLY .]
Can I get you something to drink? - Some water? Coffee? - No, I'm just fine.
Thank you.
I get that you don't like me.
You think I took your life away.
[ LIQUID POURS .]
But you got to remember, your husband was a drug dealer.
And he didn't leave you in very good shape back then.
The bind he put you in.
And now you're back on your feet.
You got yourself a career as a nurse, a new man.
From my point of view, you are so much better off without him.
Even if you thought he was innocent, which he isn't, I just can't fathom why you would be helping him now.
- You got kids? - Two boys.
- Wife? - Yes.
So, what would you do if someone came along one day and tried to blow everything up, everything you cared about? I guess I'd make sure I never put myself in that position.
[ KNOCK ON DOOR .]
- [ DOOR OPENS .]
- WOMAN: Ms.
Wallace's lawyer's here.
Your husband is poison, Mrs.
Wallace.
I suggest you stay as far away from him as you can, before it starts to affect you and the rest of your family.
- What the hell is it you were doing? - Nothing.
- I just mailed a letter for him.
- Then how'd you end up here? It was a piece of evidence he used in court, alright? They were just trying to scare me.
You got a 17-year-old daughter about to have a baby.
You planning on helping her from behind bars? - Come on, Darius.
- I don't understand - where the hell your head is.
- Enough, alright? I get it.
No, no.
I don't think you do.
I don't think you get it at all.
This man has the power of the government behind him.
They can do whatever they want.
You seen it once, and now you're signing up for it again.
- I'm not signing up for anything.
- You really think Aaron's gonna find some way out of this now that he's a lawyer? Seriously? No.
He's gonna suck you back in, and you're gonna take your eye off of everything else that matters.
I'm not gonna do that, Darius.
You already have.
It's already started.
Look, we're just trying to figure out his angle.
Why? 'Cause he's a hustler with a law degree, a convicted kingpin who's got nothing better to do than file some frivolous lawsuits.
Frivolous lawsuits? Like the one he filed on behalf of my brother? - I'm I'm not saying that.
- So, you get this invested in everybody you put away? Driving around the city, playing P.
I.
? - He embarrassed us, frankly.
- Mm.
We want to make sure that doesn't happen again.
[ CELLPHONE RINGS .]
Well, like you said, he can't embarrass you on some case he's trying in Queens.
So, I guess you're good.
Hello? You are receiving a monitored and recorded call from Inmate 10-B-316.
To accept this call, press one.
[ SIGHS .]
Hey, listen.
I know you're hating on me, but remember the homeless guy who was supposedly living in the tenement your brother broke into? I need you to look up something for me.
You You can't be serious.
The case law's a little sketchy, but if we can show he only slept there a few nights, - we might have a chance.
- What are you talking about? We can maybe argue the building wasn't his home.
We do that, the charge drops to Burg 3 and he gets out on time served.
Wrap it up now.
One minute, and back to your cells for the night.
The guy's name's Arthur Gingrich.
Date of birth 9-17-64.
Check the logs of nearby homeless shelters, see if he has any type of record.
Alright, Wallace, that's it.
Listen, I don't care what you do for me, but maybe you should try and do this for your broth Your call is now disconnected.
[ SIGHS .]
You make me wanna not ever see the day And lock my heart inside a safe But you make me wanna get out of my old ways Even if he's guilty, I still want him out.
For Jazz or for you? Don't do that.
Why not? Because you know I want to be with you.
Say what I mean Simple words You know I love him, as much as anybody.
But he made his choices.
If we follow him down this path, I I just don't see how he doesn't drag us all down with him.
- SAFIYA: Thank you.
- Aaron Wallace is here.
Uh, send him in.
What can I do for you? I'd like a character reference for Hassan.
Oh, I-I thought you'd already lost.
I'm filing a new motion.
I got a different way into it.
You know, I've been trying to figure out why you took his case to begin with.
Seeing how he was prosecuted in Queens, his crime has nothing to do with yours, not even a hint of a connection to Maskins, O'Reilly, the Bronx I gotta clear my legal strategy with you? I know that you're using these inmates to further your own agenda, but I don't see how Hassan fits the bill.
And that troubles me because I care about him.
[ SIGHS .]
I don't know what he told you, but I'm doing everything I can for him.
And if I win, a letter of support from you will be a big help in resentencing.
Fine.
Maybe bring someone from the treatment center, like Frankie.
Someone Hassan has helped.
I'd have to file an order to produce for that.
Well, I would support that.
Clearly.
I appreciate that.
It's a good idea.
Anything you need from me right now? Oh.
No.
I'm good.
[ DOOR CLOSES .]
Hey.
Forget about what happened before.
Where you are now that's all that matters.
Your brother changed my life.
He saved me.
I know it means a lot to him that you're here.
[ DOOR OPENS .]
[ DOOR CLOSES .]
So, you believe Mr.
Newcombe had ineffective assistance of counsel when his plea was made? - Yes, Your Honor.
- I'll admit, I'm curious to hear the argument, particularly coming from you, Mr.
Wallace.
I appreciate the opportunity, Your Honor.
Then show me what you've got.
This is the crime scene photograph taken at the time of the supposed burglary.
It shows a sleeping bag on the third floor.
Now, the police report indicates the name of a man living there after they found a-an expired driver's license left on the ground somewhere.
I'm not clear what the point is here, Your Honor, but the statute clearly states that a property will be considered a dwelling if it is usually occupied by a person therein at night.
And that may be so, and it may even have been occupied by Mr.
Gingrich at some point, but no one, including previous counsel or police, bothered to check to see if Mr.
Gingrich was actually living there when the crime was committed.
That can't be the case.
They saw his sleeping bag, his ID, a few possessions, and made a whole bunch of assumptions.
The case never went to trial.
The plea deal was made four days after the arrest.
There was no reason for the police to return to the scene of the crime and find Mr.
Gingrich.
No reason except to spare my client doing more years than he should have, had they bothered to check.
And certainly, previous counsel had a duty to investigate it.
If they had, they would have found this.
And here, Your Honor, is the death certificate of Mr.
Gingrich.
He was found in an alley around the corner from his dwelling and buried in Potter's Field, six days before my client entered that abandoned building and stole a few hundred dollars' worth of copper wire.
The police didn't do their job, prosecution dropped the ball, and previous counsel was derelict in his ethical and legal obligations.
Because of that, the wrong charge was brought.
The proper charge would have carried a sentence of three to five years, and my client would be walking around a free man as we speak.
Everyone failed him the first time around, Your Honor.
Please, let's not do that to him again.
Hey, what do you think about that judge? You mean, if he's a "Clarence"? [ BOTH LAUGH .]
I guess we'll find out, huh? [ LAUGHS .]
Oh, man.
I'm sorry I never wrote back to you when you sent me that letter.
I meant to.
But I didn't know what to say.
A day became a week became a month, and then I just I just thought that it was too late.
It's never too late.
[ FOOTSTEPS APPROACHING .]
MICELLI: Judge is ready.
[ EXHALES DEEPLY .]
CUMMINGS: So, here we are for round two.
This case presents some close issues of fact and law, and two things are clear.
First, the prosecution did not, let us say, do an admirable job of investigating the facts and circumstances.
And second, that Mr.
Wallace has presented a clever argument.
It would seem logical to submit that a dwelling is no longer a dwelling when the person residing there has died.
However, we have the inconvenient matter of case law.
Perhaps, Mr.
Wallace, this is a concept that you didn't quite fully grasp from your correspondence courses at Bellmore.
The New York State Court of Appeals dealt with this issue directly in People v.
Barney.
I did research that case, Your Honor.
The domicile in question in Barney is a private residence with an owner, and you can't equate a residence of that kind to that of an abandoned building.
Do you have a precedent to cite for me that distinguishes the two? N-No, Your Honor.
I couldn't find one.
That's because it doesn't exist.
Well, then you have discretion here.
Some judges think it's their job to make law in a courtroom.
I am not one of those.
Will you allow me to find a precedent from another state, under the idea of persuasive authority? If you had wanted to take a crack at that, the time to do it would have been before you stepped foot in here today.
You're fortunate that I even gave you a second bite of the apple to begin with.
Valiant effort.
Next time, do better.
[ GAVEL BANGS .]
That's it for today.
Let's get to the bus.
I'm sorry, Hassan.
You did what you could.
I'll come see you next week.
[ CELL DOOR SLAMS .]
JAMAL: You gotta look at it like this, man at least you saved your cred.
You know, Hassan tried to let me off, but, man Everybody in here's out for themselves.
No other way.
Just got to be smart about it.
Maybe slow down.
Hey, Wallace.
That ADA you were up against? He was here asking about some letter - changed hands with your wife.
- When? - Couple days ago.
- What happened? Warden's grilling us about it.
That's all I can say, but I thought you should know.
[ EXHALES SHARPLY .]
- [ CELLPHONE BUZZING .]
- Excuse me.
Oh, I'm sorry.
I'll be right back.
Okay, I got I got two minutes.
I'm with patients right now.
They came to the prison about the letter for Jose.
Yeah, I know.
I was in Maskins' office.
I wanted to text you, but I was afraid they tossed your cell and found your burner.
Wait, Maskins had you in his office? - For what? - He was just being a bully.
Darius came by with a lawyer, and they haven't done anything since.
Well, are you alright? - I'm fine.
- [ SIGHS .]
Geez, Marie, I'm sorry.
I didn't think it would get this far.
I said I'm fine.
You should be worried about yourself.
They have footage off the cameras.
You're gonna have a problem with that warden, but I gotta go.
- I can't do this right now.
- [ EXHALES SHARPLY .]
[ CELLPHONE CLOSES .]
[ CELL DOOR SLAMS .]
[ RADIO CHATTER .]
We got some legal business.
The case.
[ INDISTINCT CONVERSATIONS .]
Hey, you alright, man? Yo, give us a minute? What that judge did, man system's broken.
Nah.
It's working exactly the way they want it to.
That's dark.
It comes with the territory.
Hey, listen.
[ CHAIR SCRAPES .]
I need to ask you something.
It would really help Hassan, the treatment center, the whole population here, if the warden could figure out where the drugs are coming from.
I'm not asking you to snitch.
Not on another prisoner.
But if some C.
O.
is betraying the warden and dirtying up this place, man, that could get her in a whole lot of trouble.
The day Wallace's wife came to see him, he was in Block D, third tier.
You know whose cell happens to be there? Vic Daugherty.
Wild Bill's counterfeiter and forger extraordinaire.
I think you pretty much hit him in every corner his family, the warden.
Plus, he lost his case in Queens.
He did.
Though I still can't figure out what he was going for there.
Cop gave you nothing? I don't even know if it had anything to do with him.
Well, we'll know when we know.
Everybody, go home to your families.
[ CAR ALARM CHIRPS .]
Can I go in? She's waiting for you.
Heard about Hassan.
[ DOOR CLOSES .]
Yeah.
Did you get what you needed from him? Listen, I, uh I know O'Reilly was here with a subpoena.
Mm, quite a stunt you pulled.
Even brought your wife into it? 'Course, you needed somebody to forge that letter, and, oh, who happens to have a world-class forger in his gang? Wild Bill.
Now, I know he didn't just do that for nothing, which means last week, when you horse-traded repping Joey Knox to get something out of me, that was already a debt you owed the Aryans.
You don't like that I killed two birds with one stone? I don't like that you lied to me.
I don't like that you took advantage of my generosity.
And I don't like that you seem to have no radar - for where the line is.
- The line? The thing that keeps us from having problems.
So, you dragged me all the way up here to tell me I need to change the way I'm operating.
Is that it? With respect, I can't do that.
I had a judge keep Hassan in here for no real reason except he wanted to teach me a lesson.
I got a DA running for highest office in the state who thinks he can use taxpayer's dollars to pull my wife out of a chemotherapy session with a dying woman to harass and intimidate her to get at me.
And you want me to figure out where the line is? That line is where I feel it needs to be on any given day.
Now, I know you're gonna threaten to revoke my privileges, but you do that, you are not gonna get the Intel I have on the guards and the drug trade.
Okay, stop.
You got something real? Look, I can't tell you where I got it, but it's real.
Oh, oh Oh, oh, oh Oh, no My hands are sore Carrying promises Another war That I've lost My time is yours [ DOOR OPENS, CLOSES .]
Waste it carefully - AARON: [ SIGHS .]
- You hit and run Extra security checks on the other side.
Both sides.
I'm sorry, Marie.
I will never put you in that position again.
You're the one I'm doing this for.
You and Jazz.
Y - You're all I care about.
- [ SIGHS .]
If it's legal, we're all good.
- Anything else, I'm out.
- I get it.
What's in the envelope? Some cop rings my doorbell and hands me this.
Photocopy of your entire police file.
Oh, oh He says you might want to start on page 74.
It's marked.
I have no idea how that even happened, - and I don't want to.
- [ EXHALES SHARPLY .]
But I know how much you said you needed it, so I hope whatever you did to get it [ EXHALES SHARPLY .]
Thank you.
For bringing this.
Be good to me Jasmine's gotta study for her biology midterm and she's gonna need my help, so I gotta go.
This is a start, Marie.
This is the story of how they got me.
With this [ SIGHS .]
This is gonna get me home.
Ooh, ooh, ooh Be good to me Unh Be good to me Be good to me Be good to me Be good to me Be good to me Good Be good to me