Homicide: Life on the Street s03e19 Episode Script

Nothing is real.
What? There's no reality.
Really? Take the colour green.
You see green, I see green.
We call it green because this society has decided this thing, this colour, will be green.
We think we have this shared experience of green.
But who knows? Maybe my green is greener than your green.
Take colour blind people, for instance.
They have to live with a stigma because what they see is not what we see as green.
But maybe, just maybe, their perception is correct, they're seeing pure green, they see true green.
Stan, this is just my luck.
I get a call, my partner's out.
I look around the squad room.
I see Howard - no.
Munch - no.
Felton - no.
Lewis - no.
I think, "Bolander.
He won't drive me crazy.
" - I'm driving you crazy? - You're not known as philosophical.
You get shot in the head, it makes you think.
Er Cosculi, what do we have? The deceased's name is Hikmet Gersel.
G-E-R-S-E-L.
Exchange student from Turkey.
Do Turks wear white make-up? Some kind of religious thing? The owner of the house thought he was a burglar.
Shot him.
- Where is this home owner? - Inside.
Him and his wife.
Kid's friend says they were going to a party, got the wrong address.
Hmm OK, let's take a peek.
The guy's name is Jim Bayliss.
This guy, Bayliss.
This is Tim's cousin.
'You have the right to remain silent.
'Anything you say can or will be used against you in a court of law.
- 'Need I explain further? ' - 'No.
I'm a lawyer.
' 'You have the right to an attorney.
- 'Lf you want to speak to an attorney ' - Jim? 'lf you want to speak to us, 'you may stop at any time.
Understand? ' - 'Yes.
' - 'lf you wish an attorney ' - You OK, man? - You're not allowed in here.
- He's my cousin.
- That's why.
Frank, this is me here.
Don't give me regulations.
Don't tell me to calm down! It's OK! I'm all right, it's OK.
- Don't screw with him.
- Goodbye.
OK.
If you wish an attorney, one will be afforded to you.
Do you understand? Shannon? Shannon? Oh, Tim Hi.
Hey.
- It's a nightmare.
- Yeah.
I called my parents to come for the kids.
The detective says I have to go down to headquarters to tell what happened.
- He was very nice about it.
- Was it Pembleton? - Er the white one.
- Bolander.
You want some coffee or something? No, no.
It's going to be all right.
Just a minute.
OK, Jim, this officer will transport you down to headquarters.
I've already told the first officer who arrived everything.
Sure.
I'd like to hear for myself.
- It's standard procedure.
- I know.
I've just never been handcuffed before.
The restaurant is losing money? No, we're losing money.
All our money.
- How? The bar's full every night.
- But the restaurant is empty.
We gotta get people to eat.
You know how? It's simple - we serve good food.
- We serve good food! - Our chef, Henri, he stinks! - I don't think he's really French! - You don't like our food? Truth? Since you hired that frog, man, I ate there one time.
I had a croque-monsieur and spent the night in the bathroom.
I say we hand him his toque and show him the door, the little foreigner.
- Hey, Tim - Later! I'm really sorry about my behaviour at my cousin's house.
- OK.
- You have to understand.
Jim and me We grew up next door to each other.
He and his brother, Kurt, they were like my brothers.
- Jim's father died when he was 13.
- Tim No! Listen to me, Frank! I am trying to tell you this so you will understand and know the type of person you are dealing with.
He's not a smoke hound.
He's a fine man.
- He's a fine human being.
- Tim, I don't doubt that.
I won't let you hurt my family, Frank.
I know all your little tricks.
So don't take one little baby step out of line, partner.
This is me you're Hey, I got it.
Hi.
OK, Jim, have a seat right over here.
We're gonna test you for barium residue.
That's the powder from a gun that's been discharged.
I know, but you know I fired the gun.
No offence, Jim, but you say you fired it.
I believe you, but I don't know.
- You might be protecting someone else.
- I fired the gun! After the test, we'll have proof that what you say is true.
Have a seat, Jim.
Believe me, it's important in a case like this to be absolutely sure of every single element.
Understand? - I understand.
- OK.
Can I ask where you got the gun? I just bought it about a month ago.
There's been a couple of burglaries in the neighbourhood.
A couple got tied up, wife was raped.
So I figured I ought to be prepared.
I never owned one before, never shot it before tonight.
Tees picked it out for me.
He knows guns.
I bought it so my family would feel safe.
Funny.
When I was a kid, we never even locked the front door.
Yeah.
I remember that time, too.
This won't take much longer.
Gee, I want to be in the box when Pembleton interrogates my cousin.
I know when a relative is involved we have to stay out, but I need some leeway, Gee.
OK? He's going to be in the box with Pembleton.
You know what he can do! So I'm asking you, Gee, give me a break.
Let me be with my cousin.
We have to do this by the book so there's no questions later.
- Are you saying no? - I'm saying no.
- Why do you call Tim Tees? - Family nickname.
Tim and Jim, T and J.
- Tees.
It's stupid.
- No, my brother used to call me Bucky.
I can't imagine Tim at gym class.
I wonder what his locker would be like.
- Tees, huh? - Tees.
You and Tees were like big basketball stars, huh? We were the two tallest guys in school.
We grew up together playing hoops.
So we knew each other's moves.
Ever think about turning pro? Uh-uh.
No, we were OK for a couple of white guys.
I had to keep my grades up.
I had to study to get into a good law school.
So, Jim, you told the uniforms at your house what happened, but sometimes, so close to the event, people get caught up and they leave out things.
So now you have a chance to relax, take as much time as you need to and tell us exactly, step by step, what transpired.
Sure.
How far back should I start? Wherever.
You tell us.
All right.
I, uh I was in the den.
I was playing with my kids.
'The doorbell rang.
'Shannon called out from the living room and said she'd get it.
'I've been working a lot lately, 'so it was the first chance I'd had in a while to play with my kids.
'All of a sudden, Shannon screamed, so I went running.
'Shannon is yelling about this weirdo at the front door.
'He's pounding at the door.
'He's acting crazy, talking gibberish.
'He could have been on drugs.
' Rock and roll! 'So I told him, "Get away from here.
" 'He kept making these jerking movements and babbling.
'And laughing.
This high-pitched laugh.
'And then he tries to move past me into the house.
'So I gave him a shove and I told him again, "Get away from my house.
" 'And I shut the door.
He kept at it, slamming, pounding.
'So I got the gun.
'I'm going by pure guts, with the burglaries in the neighbourhood.
'I don't know if he's going to rob the house, hurt my wife, hurt my kids.
'So I told him, "Get away!" He leans into me, I raise the gun.
'He leans in closer.
I put it to his chest.
'And he went for it.
The bastard ' grabbed for the gun.
I didn't know until that moment if I could actually pull the trigger.
Sweet Lord.
I killed a man.
Shannon, we need for you to tell us exactly what you remember happened.
Don't leave out anything, no matter how trivial.
Jim is is a good man.
He's a good husband and a great father.
Shannon, it's OK.
It's OK.
We need to know what happened.
I'm not sure what I remember happened.
Just tell me where were you when the doorbell rang? I was in the kitchen, cleaning up.
'Where was your husband? ' 'He was in the den, working.
' 'Where were your children? ' 'I'd put the baby down for the night.
'And I don't know where the other two were.
- 'No, wait, maybe they were with Jim.
' - 'It's not important, Go on.
' 'Um, I heard the bell.
'Lt rang a couple of times.
'I figured Jim wasn't going to get it, so I went.
'At first I was a little startled.
'And this young man was standing there.
He was dancing and laughing.
'And singing some song, but in a foreign language.
'And so I said, "Wait a moment.
I'll get my husband.
" 'And I shut the door.
But he kept knocking and yelling, and singing.
' 'Did he seem to be on drugs? ' 'Yes.
Yes.
Maybe.
'Um I told Jim what was going on.
'And we went back to the living room.
' 'You went back to the door with your husband? ' 'Yes.
He went to the front door and I stayed back a ways.
'Jim tried to figure out what the young man wanted, 'but he was being so silly and loud, and aggressive 'that Jim finally lost his patience.
'But the young man kept yelling and knocking, and yelling and singing, 'and that's when I thought I'd better go check on the kids.
I suddenly got worried 'because we'd been having some problems in our area.
'And I was walking down the hall This isn't anything, 'but I remember the floorboards squeaked.
'I remember thinking about the floor squeaking.
That's when I heard ' 'I'll never forget it.
' It echoed through our house.
It shook the house like an earthquake.
Shannon, from what you're telling me, the situation on the porch was tense, but not explosive.
What happened? How did things escalate so far so fast? Jim can get very frustrated by people who don't speak English very well.
He always says the taxi cab drivers in Baltimore only know their way around Beirut.
Well Thank you.
- I'm done? - Yeah.
An officer will drive you home.
Uh, if you don't mind, I'd rather wait for my husband.
That'd be fine.
It's gonna be fine.
- I thought you could use this.
- Thanks.
- That's black.
- I didn't know how you take it.
Yeah, well, I usually take it with some cream.
- Oh, I'm sorry - No, no, it's Thank you.
Mmm.
You were friends with Hikmet Gersel? Yes.
He was at my high school.
He came in this past September.
- You two were heading to a party? - A KISS party.
KISS? What's that? Some kind of make out party? No, KISS.
The rock group? This is the way they used to dress.
A bunch of us are hardcore KISS fans.
Hikmet thought Gene Simmons was the coolest.
A girl at school decided to throw a costume party.
Hey, do you think I can get a towel? - This make-up's starting to cake.
- Sure.
Anybody got a towel? Go on.
You were headed to this party.
And we got lost.
We thought we were on Hickory Lane not Hickory Avenue.
Hikmet was really excited about going to this party.
'We were so psyched when we finally found it 'that Hikmet couldn't wait, so he jumped out.
'And I drove around the corner to park.
'Hikmet and I had both been drinking.
A lot.
'I was coming down the street when I saw Hikmet at the front door 'and a guy in the doorway holding a gun.
Both were yelling.
'The guy aimed the gun at Hikmet's chest.
Hikmet put his hands up ' Whoa, whoa! Hikmet had his hands raised? Yes, sir.
- He had his hands up.
- Aw, says who? That little freak? He was across the street, in the dark and drunk.
You believe his word over my cousin's? A home owner is justified in using lethal force when he or his family is threatened.
If the kid had his hands up, it's more than justifiable homicide.
Are you saying my cousin murdered him? I've got three different versions of the same story.
I understand how Jim's version differs from Scholtz's, but not from his wife's.
Shannon's a great girl, but flaky.
- I want back in the box with him.
- Gee, let me take him home.
It's almost midnight.
He'll get rest.
Anything you want, you can get from him in the morning.
Gee, if we let this guy walk out, we lose the last chance at the truth.
We already know the truth, Gee! Go on with the interview, Frank.
I know exactly what this is all about.
You and he have this brother brother thing.
- What are you talking about? - You know, Gee.
- Because you're white? - Bingo! - That's wrong.
- No, no, it is right! Listen to me! When the sun comes up on this shooting tomorrow, I'll have the bosses and media on my ass, Washington, the Turkish Embassy! - It could be an international incident! - It's about saving your ass.
- Be careful, Bayliss.
- Eat me, Chief! I'll let that pass, but you get out of here now.
Let's get those handcuffs off.
- Everybody treating you all right? - Sure, fine.
- Want something to eat or drink? - No, thanks.
Probably wise.
Usually this time of night, I'm ready to attack a bag of Utz.
Do you wanna have a seat? - Do you have more questions? - No, I don't.
Frank does.
You think you've asked every question and then you go, "What an idiot! - "I forgot about this" - Like what? Hikmet Gersel, the boy you shot Since last fall he's been an exchange student at the high school near you.
- Ever seen him? - No.
- At the supermarket, the mall? - No.
You thought Hikmet was a burglar, right? That's right.
Do burglars usually ring the door bell? These days? Who knows? Just when I think I've heard the most twisted crime possible, the morning paper delivers a more twisted one.
My law firm has dockets full of crimes that make no sense.
You said, "Get away from here.
Get away from my house.
" Then, "Get away.
" - Were these the only words you said? - No, I'm sure I said a lot more.
- Like, "What do you want?" - You got the gun and said something? I think I said something like, "Back up or I'll shoot.
" And Hikmet, did he respond to that? He was muttering away.
I couldn't understand him.
Did you know it was a foreign language? For all I know, the guy was on PCP.
He was talking in a sing-song kind of voice.
Real crazy.
You had no idea it was a foreign language? He said words in English that didn't make sense.
Like what? Uh Something like "That's the kind of sugar poppa likes.
" You pointed the gun.
What did he do? He laughed.
This bizarre laugh.
Then he tried to grab for it.
He Laughed? He thought you were joking? - You'd have to ask him.
- Unfortunately, I can't.
What the hell is that supposed to mean? Look, I've been straight with you guys.
If you're accusing me, say it.
Quit the games.
Jim we're not here to judge you.
We just want a picture of what went on.
We don't decide right or wrong.
Only you know whether or not you did something right or something wrong.
Now if there's anything you left out anything you're holding back, or you'd like to get off your chest Your youngest brother, Kurt, was in Kuwait, the Gulf War? - He got shot and killed.
- Yes.
- How do you feel about that? - How do you think I feel? You said you'd never been in handcuffs, but here's a prior - aggravated assault.
I have never been arrested, per se.
Tees was there.
What happened? I was drinking in those days.
We were in a bar Some punk said something I didn't like and I let him have it.
This punk's name is Parvez Nejad.
He's Iranian.
- What's your point? - My point is why, after closing the door in Gersel's face, why didn't you just call the cops? Why is your first impulse to get your gun? Huh? Why was your only impulse to shoot that boy? Cool it.
The bullet that killed Gersel was definitely fired from that gun.
We already knew that.
Or are you thinking that Jim shot the kid and then switched guns? Surrendered a different gun? What case are you trying to build? Why not go bust up some more glass? Does he have to be here? I don't think we're compromising anything by his presence.
Go on.
OK, theoretically, a woman could lead a man on, go to his place, take off her clothes, jump in bed, but it's rape the moment she says, "Stop.
" Jim might have feared for his life at some point, but he wasn't afraid at the moment he fired.
He just made a bad call and judgment.
Are you gonna crucify him for a mistake? I think he killed Gersel for some other reason.
- What? - Racially motivated.
Oh, man! Why doesn't that surprise me? Why am I not stunned that you have uncovered yet another racial-motivated killing? Perhaps you know me only too well, Tim.
Put an end to this nonsense.
Huh? I could deem the incident accidental, a misunderstanding of circumstances.
I could decide the suspect not be charged, but I'm not sure I should take on the burden of determination.
I'm going to recommend a grand jury.
- No! On what charge? - Manslaughter.
- Why? - Because you're a cop.
Because your cousin's white.
I don't want to show any favouritism.
I see.
In order not to show favouritism, Jim's being overly prosecuted? I see.
- Hey.
- Oh, man, I'm glad this is all over.
Step out, please.
It's a bunch of crap, but there are unanswered questions.
- What? - The case is going to a grand jury.
You've got to be kidding me? - I thought the creep would hurt my wife.
- Everyone's trying to cover themselves.
We'll talk about it on the ride home.
I just got to sign you out, right? No, no! You'll not put those things on me again.
No, Tees, look, man.
You don't know what it's like having those things on.
It's like you've got no control, they can do whatever they want to you.
- Listen, can we just lose these? - You know the rules.
I'm gonna be with him.
My responsibility.
You'll be responsible if I lose my job? - This is the only way out of here.
- Right, right I'm sorry.
OK.
Well, I did it.
I fired Henri.
I never fired anybody before.
I hate being the boss.
He took it badly, huh? He looked at me with those sweet, sad, Gaulish eyes, so eager to please But I cut right to the chase.
I said right out, "Bon ami, vous êtes" - fired.
And what did he do? That's the thing, he held out his colander, handed it to me and walked out.
What dignity, what grace.
Well, the good news is I have hired us a cook.
Not a chef.
- A cook.
She starts tomorrow.
- How did you get somebody so fast? In my own back yard.
Literally.
She's my grandma's.
- You hired your grandmother? - Mm-hm.
Great.
We go from employing Henri, educated at the Cordon Bleu, to Granny Lewis! Who has for 12 years been hash queen at Down Home Soul Cooking.
- She has what we call a following.
- I love her already.
- Hey, Frank, how's it going? - I'm going home.
- Danvers is taking it to the grand jury.
- Lovely.
How's Tim about that? Never mind.
- What's the matter, big man? - Am I the only one who thinks we are having an incredibly tough year? Am I the only one who thinks God or fate, or whoever is dealing the cards here is taking them off the bottom of the deck? First off, you lose your partner.
I get shot in the brain, Kay takes one in the heart.
And you, you have the unbelievably dumb-ass idea of buying the restaurant! - That wasn't a dumb-ass idea! - Oh, please, come on! Wait a second! Wait a minute.
You see, we argue.
We argue.
We do it all the time.
But we don't argue about the big stuff.
This thing that's going on between Pembleton and Bayliss OK? It's big.
You hear me? This is ugly.
I don't see how two partners can ever work together after this.
I'm talking about something that would keep two partners from ever being able to look each other in the face again.
Ow! Oh, no, sweetie! - I'm sorry.
- I thought it was a burglar.
- Oh, no - Are you all right? Yeah, I'm OK.
- What would you have done if it was? - Was what? - A burglar.
- I don't know.
I'd wake you up.
I'm not always here.
Especially when I'm working night shift, you know.
- What would you have done? - Scream! Hide.
- Pray.
- Maybe I should get you one of these.
Oh, no.
One gun in the house is plenty.
- Yeah.
- Good night.
- I want you to protect yourself.
- Oh, honey You'd get me a gun? I'm more likely to shoot myself in the foot.
- Aren't you ever afraid? - Sure.
I have a healthy amount of fear.
But, you know, we choose to live in this city, so there's a certain amount of risk.
I lie here all safe and sound and the ceiling could fall on my head.
- Good night, sweetie.
- Oh, no, you don't.
I don't what? You don't come in here and wake me out of a sound sleep unless you've got a whole lot more in mind than catching some sleep.
Oh, sweetie I'm tired.
- You're tired? - Mmm.
I'd have thought you cops would clean up after yourselves.
It's probably still a mess inside.
You could start a company, a cleaning company.
After the cops leave the scene of the crime, they clean up everything.
- In Baltimore you'd make a fortune.
- Uh, I'm going to check on the kids.
Send my folks home.
Hey And you You should go to bed.
- All right.
- Hey.
- Like Shannon said, get some sleep.
- Yeah.
In a minute.
Who'd have thought their guts would be the same colour as ours? 'The case of James Bayliss, the man who shot a Turkish teenager, 'goes before the grand jury today.
' 'Bayliss fired as the Middle Eastern intruder tried to force his way in.
' 'The father of three's action has become a maelstrom of controversy.
' 'Responding to the Turkish government, 'the President sent a letter of condolence to the victim's family.
' 'Umet Gersel, mother of the slain teen, arrived in the US today.
'She would not comment as to whether she intends to sue Bayliss in civil court.
' 'Ls this a tragic story of one man trying to defend his family 'or a searing indictment of the violence all too common in American society? ' - 'I'm Grant Besser ' - 'Maria Delgado ' 'Live from the steps of the Clarence Mitchell courthouse, I'm Rhonda Overby.
' Your job, as a member of the grand jury, is not to judge guilt or innocence.
Your sole purpose is to determine whether James Bayliss had criminal intent when he shot Hikmet Gersel.
If you believe he did, the case will go to trial.
With due process of law in an open court, evidence will be weighed to establish guilt or innocence.
If you decide that James Bayliss was placed in fear and, therefore, not criminally responsible the charges will be dropped.
'Where do they find jurors, anyway? ' Who wants to be judged by idiots who are too dumb to beat the system? Mostly it's people with time on their hands.
Retired or unemployed.
You know, only if they're strongly, strongly anti-gun or racially sensitive, then they might indict.
But, as a rule, the grand jury usually tilts in favour of the home owner.
I was the first to arrive at the scene.
Mr Bayliss was genuinely upset.
Very, very emotional.
The victim received a rapidly fatal gunshot wound to the chest puncturing the left ventricle of the heart.
Stippling indicates the weapon was fired at close range.
- I'm thinking we should move.
- What? Buy a new house in another neighbourhood.
Maybe even leave Baltimore.
Hikmet was such a happy person.
I don't know how anyone could believe he was threatening them.
I'll be glad when this is over, one way or the other.
- Even if I have to go to jail - Hey, hey, Jim.
You're not going to jail.
It is my opinion that Mr Gersel thought that the gun was a toy, part of the heavy metal party he thought he was attending.
In the spirit of play, he raised his hands in mock surrender.
I've been thinking a lot about Kurt.
Yeah, so have I.
I keep seeing the look in that kid's eyes right after I fired.
And I'm wondering did Kurt have the same look in his eyes? - May I ask a question? - Yes.
Does Mr Bayliss have a history of prejudice or bigotry? I'm sorry.
You can't ask that question.
Even though Mr Bayliss's motivation may or may not have been racist, you must concern yourselves only with the facts of the event, not the cause.
There's a tried, but true proverb - a man's home is his castle.
It's the place where we sleep.
Or eat.
The place where we read or watch TV.
It's where we play with our kids or make love.
If we're lucky enough to have a home, we have the right to defend it.
We have the right to make sure that our kids are safe.
That our husbands or wives or or our long-time companions are safe.
No one should be forced to flee from their home.
It is our ultimate sanctuary.
Do I feel good about what I did? No.
No, I'll have to live with the horror of that split second for the rest of my life.
Do I believe I did the right thing? Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
And I know that you know given the same circumstances you'd behave exactly as I did.
I can't understand why it's taking them so long to decide.
Well, get 23 people in a room, you know what happens.
Probably still arguing about ordering take out! Why the hell did he have to pick my door? We have a decision.
OK.
Come on, Shannon.
Here's your coat.
The grand jury finds that James Bayliss had reason to fear for his safety and safety of his family.
Therefore, they refuse to indict.
They recommend that all charges against him be dropped.
Hallelujah! It's lunchtime! Let's go to that fabulous restaurant and get some lip-smacking eats.
- Excellent idea.
They have a new cook.
- They do? Wow.
Say, Stan, you want to join us for a little noontime repast? - No thanks.
- Frank, what about you? Uh, no.
I've got other plans.
- Kay? - Been there, done that.
- Gee, you hungry? - Join us at the fabulous Waterfront.
- Your place? - Today's special, Polynesian.
- 8.
99.
All you can eat.
- I'm in the mood for soul.
- Have a smothered pork chop to die for.
- Or die from? I've already had poisoning once this year.
You're not going to say anything, are you? What would you like me to say? Well, for starters, "I'm sorry".
I'm not sorry.
I did my job.
You still actually think that my cousin killed that boy because he was an Arab? Hikmet is not an Arab.
Turks are not Arabs.
Frank, my cousin would never consciously kill anyone.
I don't think it was premeditated, Tim.
I think it was inherent.
Your cousin's racism is so deep, that he didn't get a chance to think about what he was doing.
Jim is worse than a Klansman because at least they're recognisable, but your cousin's bigotry is more frightening.
Like still waters, it runs deep.
He doesn't even see it himself.
- You're wrong.
You're dead wrong.
- The only one dead wrong is Hikmet.
Did you see what happened after the verdict was announced? - Yeah.
- They applauded.
Those law-abiding citizens, those good-hearted people applauded the death of a child.
Let me ask you a question.
And you tell me if it was racially motivated.
If that kid had been American, white do you think anyone would have cheered? Cos he gets up in the morning And he goes to work at nine And he comes back home at 5:30 Gets the same train every time Cos his world is built round punctuality It never fails And he's oh so good And he's oh so fine And he's oh so healthy In his body and his mind He's a well-respected man about town Doing the best things so conservatively Hit it! Hit it! Oh, man! That's big! Oh, Webber, Webber, what a trade.
They're like a new team.
Jim Hey.
What's going on? I don't know.
I'm I'm, uh I'm looking at little Kurt here and I'm wondering about all the babies all over Baltimore.
All across this country, all over the world.
- What about them? - I loved my dad so much.
When he died, all I wanted was to live my life the way he would have wanted me to.
Be responsible, be honest take care of my mother and Kurt.
I know what you're saying.
You shot Gersel because even as a kid you had to be the man of the house.
You had to protect your home.
Or maybe I shot him cos the first time I heard the words "kike" and "nigger" was from Dad.
And I'm not blaming my dad.
It's just that It's just that I am wondering no matter what I do for this baby will he some day grow up and shoot somebody else's baby? - Do me a favour, would you? - Yeah, anything.
Adjust the colour.
The green looks a little off.
Oh, that's big.
Good shot.