Law & Order (1990) s04e19 Episode Script


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.
Yo, Charlene is just too fine, you know what I'm saying, man? What you been smoking, jack? Charlene is a fine canine, that's what.
Don't be going dissing my lady, you know what I'm saying? I'm dissing your mother for making you blind like a hydrant.
What's up, 'lil Luther? What's up? Where's Fred been hanging out? He took Queen Mary to Paris, you know what I'm saying? When you see him, tell him Eve's been waiting on him, all right? The Heat, man.
Harold Miner, number 32.
That ain't no basketball that they be playing there in Miami.
Man, I'm talking about some Jordan, that's what I'm talking about.
You're a moron, you know that, Luther.
Damn, Jerome! Damn, man.
What did you throw it over his head for? You almost hit a window.
Damon Fox, 12 years old.
Gone before we got here.
Hit-and-run? All right, have someone stay with the body.
We're going to need the clothes for Forensics.
This is the headlight.
Probably domestic, looks General Motors.
Judging from the body, hit on the right side.
Well, at least he buys American.
A car with a dent in Harlem.
Piece of cake.
Mike this is the victim's friend.
His name is Luther Heywood.
How are you doing, Luther? So, did you see anything? Yeah, a white guy in a blue Caddy.
You didn't happen to get a license plate number? He just hit Damon and tore ass, man.
Now we know it's a he.
It was a Jew, man.
What, was he wearing a little hat? You don't think I know a Jew when I see one? Thanks a lot, Luther.
Peace on earth and brotherhood to all men.
Yeah, the brothers haven't heard the news yet.
I was taking tomorrow off from work.
It's Parent-Teachers Day at school.
I guess there's no need.
I told him to stay inside until I got back from the store.
It's that Luther Heywood.
His mother doesn't I'm very sorry, Mrs.
Have you found the man? A hit-and-run case, it's not always that simple.
Problem is we only have a vague description of the driver.
What's a white man doing up there, anyway? Lieutenant, there's a Reverend Ott here.
He says he's with Mrs.
They haven't found him yet.
Things like this take time, Reverend.
May I ask, how many men do you have assigned to this case? Detectives Briscoe and Logan are running point on the investigation.
Two men? I can see this isn't a high priority.
We're doing the best with what we have, sir.
Well, maybe it's not quite good enough, if I'm bringing in eyewitnesses.
He drove right by me.
It was a blue Cadillac.
Did you see the license plate? Part of it.
It was 2XQR.
Thank you.
Evelyn, Mary.
Can I assume that you'll get to this before lunch? Sure, right after we have a couple of doughnuts.
Van Buren.
You'll keep us informed.
There's a Mr.
Joshua Berger and his attorney in Interview One.
Let's talk to him.
Before the doughnuts.
I don't know.
I've been driving in this city for 40 years.
I've never had anything like this.
Why don't you just tell us what happened, Mr.
Berger? I was at our warehouse, up in the Bronx.
I was supposed to meet my wife at The Palm for lunch.
It was our anniversary.
Well, The Palm is on 44th Street so what were you doing in Harlem? Traffic on the FDR is bad enough at that hour of the day.
Then a water main breaks.
I got off at 125th.
I swear the kid came out of nowhere.
How fast were you going? I don't know, 30, maybe 35.
I was not speeding.
Is he all right? Oh, my God.
Berger called my office immediately.
I was in court all day.
He wanted to turn himself in.
He just wanted to speak with me first.
If your client is such an upstanding citizen, why did he leave the scene? Let me ask you.
You just ran over a black boy in Harlem.
Are you going to hang around? Well, I understand what you're saying but obviously you can't hit somebody and just ride off.
I know that! That was wrong.
I was scared.
That's why I'm here now.
We're willing to plead nolo contendre to leaving the scene.
But that is the extent of Mr.
Berger's wrongdoing.
We don't do pleas here.
What, am I under arrest? Make yourself comfortable until the DA gets here.
Two people, wrong place, wrong time.
Look at this.
Your driver may have hit the brakes sooner but this is where he locks them up.
By this point, the car is in a full-blown skid.
Well, if I read the skid marks right he hit the breaks way before he made contact.
Nice to know he wasn't gunning for the kid.
So, how fast was he going, Marks? By comparing the coefficient of friction to the gross vehicular weight he's doing 20, maybe 25.
Any give in these numbers? Well, nothing's perfect.
Change the tire pressure a few pounds either way you get a whole new set of equations.
So, in your expert opinion? Berger did nothing wrong.
I'll talk to his lawyer about a plea.
What do you think? Suspended license.
100 hours of community service.
What do you mean you found the man, but you didn't arrest him? Mr.
Berger has pled to leaving the scene.
Berger? I see.
A fine, upstanding Jewish citizen would never lie to the police.
The fact that Mr.
Berger is Jewish has nothing to do with it.
Our accident reconstruction technician concluded that Mr.
Berger wasn't speeding.
And of what religious persuasion is he, may I ask? Yeah, that's right, Reverend.
There's this great Jewish conspiracy to knock off the black man one by one.
That's why they all drive big Cadillacs, so they can't miss.
Well, that's it.
Another 12-year-old black boy is dead.
Close the file.
Living up in Harlem, he probably wouldn't have lasted till his 13th birthday anyway.
The Jew did him a favor.
Why don't we give him the key to the city? Look, Reverend.
Nobody, and I'm talking man of God or garbage man, walks in my office and accuses my officers of giving anybody special treatment.
Now, I think you'd better go.
You know what gets me? Jesse Jackson talking about "Hymietown" Farrakhan yelling about how the Jews are keeping his people down.
They forget who was marching with Martin Luther King back in the '60s.
Yeah, I remember when Lindsay tried to get low-cost housing for blacks in Forest Hills.
All those liberals put their civil rights banners in the closet real fast.
Hate to ruin your dinner, but your buddy Reverend Ott is down in Interrogation One.
He says he's got another eyewitness.
You mind if I We didn't even discuss the Italians.
Go crazy, Profaci.
I was looking out of my window when it happened.
Just tell us what you saw, Bobby.
I saw the little brothers, they was playing some ball.
You're talking about Damon Fox and Luther Heywood? That's right.
And the ball goes flying over Damon's head.
And Damon flies after it into the street.
It wasn't like that.
I mean, he wasn't in no hurry or anything.
And there were no cars coming.
Then, boom! The Jew in the blue Caddy comes flying out of nowhere.
Must've been going 50.
He's going 50 on a New York City street in the middle of the day? You know what I think? I think you're full of crap, Bobby.
Ain't that for the jury to decide, man? Look, I know what I saw.
That should be sufficient for an indictment.
If you believe him.
Oh, so you'd rather believe the word of two white detectives.
No, I believe the scientists in our Forensics lab.
So, you're just going to ignore eyewitness testimony? You really think the only way to get justice is through lying and cheating? If it does produce justice, yes, I do.
It's happened before.
The forensic evidence contradicts an eyewitness account.
How credible is this eyewitness? It depends on what part of town you live in.
You suspect he fabricated his story? I suspect he had a little coaching.
Let me guess, the Reverend Ott.
He's called six times since yesterday.
Not your biggest fan, Lieutenant.
Look, maybe another expert looks at the evidence, draws a different conclusion.
I don't want to tell you what to do, but like they say, every action- Thank you, Lieutenant.
I want to book a large block of time with the grand jury.
You want a grand jury for a witness that the police don't even believe? Even if we get an indictment, the defense would call our forensics expert at trial.
We'd never get a conviction.
This could turn into the city's worst nightmare.
I want us to be cleaner here than Caesar's wife.
Yes, I was in a hurry.
I was meeting my wife.
But speeding on a city street? I have more sense than that.
Sir, an eyewitness already testified that he saw your car moving south on Lenox at 50 miles an hour.
I lived in this city all my life.
I seen cars go through red lights, come out of driveways without any warning.
I've seen little children run out into the street without looking.
I know better than to drive 50 miles an hour.
Why did you leave the scene of an accident, sir? I have three children of my own.
Five grandchildren.
I can't even imagine the pain that that woman is going through.
You haven't answered the question, sir.
I was alone.
I was in Harlem.
I was scared.
I've never seen a grand jury refuse to indict that quickly.
As long as we dotted the i's and crossed the t's.
What are you talking about - The new white mayor wants it clear that this office treats everyone equally under the law.
He pled to leaving the scene.
He'll be punished.
A suspended license and 100 hours picking up cigar butts in Central Park isn't exactly what His Honor had in mind.
Wait until you see what's going on.
Reports of injury are unavailable.
Following the Reverend Ott's address lambasting the DA's office for not bringing charges against the man accused of killing 12-year-old Damon Fox the city has erupted in violence.
Excuse me, fellows.
Excuse me.
Barnes, what do you got? Guy's name is John De Santis.
By the time the ambulance got through the crowd, he was history.
Any arrests? Did you see what it was like down here? Means no witnesses.
Well, the guy's wife was in the car but I'm not sure how much help she's gonna be.
They just loaded her into an ambulance.
I think she's in shock.
It would have been much worse if that guy hadn't pulled her from the car.
His name is Graves.
John De Santis.
Blame it on the Jews, sometimes you get an Italian by mistake.
Graves? I'm Det.
This is Det.
Now, can you tell us what you saw? They were screaming, "Get the Jew! Get the Jew!" We hear they would have gotten his wife, too, if it wasn't for you.
Did you know any of those people? Yeah, right, it's a secret club.
We all know each other.
That's not what I meant.
A black boy at the scene of a riot.
Must be up to no good.
I was on my way to Sam Goody's to pick up a couple of CDs for my daughter's birthday.
They was beating the crap out of that man.
The guy from the news was filming the damn thing.
Somebody had to help her.
Would you be able to recognize any faces? Yeah.
A white lady who just saw her husband's skull bashed in.
I saw Johnny at his office.
I met him there.
He's a lawyer at landlord-tenant court.
We were going home early.
We're trying to have a baby.
They took my purse.
How am I going to get into the apartment? Mrs.
De Santis.
Did you get a look at the man who They were all over the car.
We thought they were going to flip us over.
He was young, maybe 20 years old.
Do you think there's any chance? Maybe if you could look at some pictures.
Haven't shot stuff this good since Nam.
Any idea how hard it is to get this kind of quality? Hello, Pulitzer.
You want to slow it down a little? Yeah.
There's your man.
Great, now all we need is the mug book with all the back-of-the-neck shots.
Sorry, that's as good as it gets.
Your boy is camera shy.
Yeah, but this one has got a bird's-eye view.
Can you push it up a few frames? There.
What's that on his cap, Lennie? You see it? S-Y-D? Some kind of a logo.
I can't make it out.
Maybe he works in a candy store, a butcher shop, a hardware store No, it looks like a gas station cap.
Can we get a blowup of that? Take 15 minutes.
Yeah, we'll wait.
One of the kids from the picture looks like he was wearing a hat from a gas station.
Yeah, we checked every station above 106th Street.
Nothing? Well, sometimes fliers pan out.
The problem is no one up there is sorry this guy got killed.
I mean, we're not getting much cooperation.
Maybe I should give this to a couple of black cops.
You know what I meant.
Anyway, we got all the computer geeks pulling yellows on everybody named Syd.
You know the kid's name? No, it was on his hat.
Let me see the picture.
Tell the geeks to kill the power on the PC.
Well, do you want to give us a hint? Black cops would have known.
Syd's Sneaker World.
Air-Jordans, 50% off.
You recognize this kid? Don't bother to lie.
Hey, you! Mike.
Get those cuffs.
You're under arrest.
You have the right to remain silent.
Anything you do say Give me your arm! can and will be used against you.
Johnson, Daryl.
Couple of misdemeanors.
Here we go, assault one, robbery one.
Kid's smart, he'll cop a plea before Clinton passes his three strikes and you're out.
Well, since Mike already kicked his butt, this one's yours, Lennie.
Be gentle.
Ain't I always? Well, hiya, Daryl.
Here, let me get those.
There you go.
I get popcorn with this show? Now, the law says you have the right to an attorney, Daryl.
Yeah, right.
How many years they go to school to learn to say, "Keep your mouth shut, Daryl"? Well, the law says you have that right.
I got the ticket, man.
I call the lawyer, then you and me, we can't talk.
Then the DA fries my butt for something I didn't do.
Except we know you were there, Daryl.
They caught you on TV.
Don't you watch the news? That don't even look like me, man.
Oh, yeah, they tried that one in LA.
Worked, didn't it? Daryl, we're the good guys here.
See, we don't really give a damn about these people looting and busting up people's cars.
That's not our department.
We're in homicide.
So? So, your friend there is "homiciding" somebody.
He ain't my friend.
Yeah, well that's too bad.
Because if you could have told us who he is we wouldn't have to charge you with murder.
I told you, I didn't kill nobody.
Yeah, but the jury has to blame somebody, Daryl.
And you're standing right there.
The smart move would be to trade up.
Now, in case you lost your sense of direction, he's up.
You don't tell Isaac it was me, all right? You know where he lives? With his grandma.
On 128th and Lenox.
Upstairs from the Lotto.
Maybe I better call my lawyer now.
Police officers! Open up! Open it up! Do it now! What in the world is going on? We have a warrant for the arrest of Isaac Roberts.
He isn't here.
You know where he is? Your grandson, ma'am, is wanted for murder.
No, you don't know him.
My Isaac would never do anything like that.
I know my grandchild.
Ma'am! We're going to have to ask you to come down to the precinct, okay? Let me get my coat.
Damn! Why don't you arrest us all while you're at it? A little dramatic, isn't it, Counselor? Dragging a 54-year-old grandmother down here in a patrol car? Your client may have committed a felony.
Okay, we confess.
Muldrue at the corner store charged Mrs.
Roberts for a dozen tomatoes and she had 13 in her bag.
Corina, I knew we should've grabbed that picture of you out of the post office while we could.
Green, I just can't afford to be in a laughing mood today.
I'm sorry, next time I'll bring Richard Pryor with me.
Roberts, we have reason to believe that your grandson murdered an innocent man.
Now, if you are concealing him, we could charge you with conspiracy and harboring a fugitive.
If you know where Isaac is, Mrs.
Roberts, you'd be doing yourself and your grandson a favor by telling us now.
The rest of his life in a white man's jail? I've had better offers.
Roberts, where is your grandson? She told you she has nothing to say.
Then you give me no choice.
Roberts, you are under arrest.
And please read her, her rights.
Well, this is wonderful.
Joshua Berger gets off with a suspended license and Corina Roberts is on her way to Rikers.
Now, what is wrong with this picture? Mr.
Berger did not commit a felony.
I have no problem with the law, Counselor.
It's the application thereof, now that's another story.
Green, I assume you have no knowledge of his whereabouts? Always room for one more in that cell, right, Counselor? Thirty years ago, the blacks and the Jews and everyone else lived in this city together.
We didn't see riots in our neighborhoods.
In those days, we had Adam Clayton Powell working the system not Reverend Ott destroying it.
Well, there's a reason for the Reverend Otts of the world.
To promote anti-Semitism? To remind us that there's a long way to go.
That does not justify violence in the streets, sir.
I want you to release the Roberts woman.
By releasing her, we condone a felony.
And by putting her in jail we draw a line in the sand.
So you're guilty until a percentage of the population threatens violence? The grandson is out there.
Keep her in jail a week, and then we'll let her go.
And if she's back in her apartment, he'll contact her sooner than that.
Get a warrant for a wiretap.
Twenty-four hour surveillance.
They've been on her for What about the phones? Two calls.
One to her dentist and one to her sister in Detroit.
This may be something.
Isaac's homeboy Daryl from the sneaker store.
His one phone call wasn't to a shyster.
It was to a church on 112th.
Reverend Ott.
Call the DA's office.
I don't want any screwups.
A little late for morning prayer.
Or perhaps you just want to confess your sins.
We have a warrant to search the premises, sir.
Mike! Isaac Roberts, you're under arrest.
You can hold your breath, Detective.
I've given Mr.
Roberts sanctuary.
What the hell are you talking about? My attorney tells us as long as he's in a house of God you can't touch him.
And while you're here, will you please watch your mouth? Counselor? Keep him under surveillance until we can sort it out.
Sanctuary? What is this, medieval England? You really plan to argue this in front of a judge? And the Appellate Division and the Court of Appeals and the Supreme Court, if necessary.
So your client is going to stay in this church until your exercise in futility is completed? Considering the alternative, you bet.
That is, of course unless you'd like to save us all a lot of time and energy.
Well, what does that mean? Man two, he serves the minimum.
Your client savagely killed Mr.
John De Santis on the local news.
We call that murder two.
Then clear your calendar, Counselor you're going to be busy for the next decade or so.
You've got to admire her creativity.
Shambala Green's? Queen of the specious motion.
She's representing her client with the zealousness required by the canons.
And I'm sure she thinks we should have exhibited a little more of it in prosecuting Joshua Berger.
You can't compare what Joshua Berger did with what Isaac Roberts did.
Of course not.
But, suppose this crazy motion actually works? A judge buys Green's argument? Would you drag an innocent man out of a car and bash his brains in? You know, I don't know how I would react if I'd been screwed by the system my whole life.
The concept of sanctuary since ancient and medieval times is founded on the idea of a religious place of refuge for those who have offended civil authorities.
I want to emphasis the importance of a church in a black community.
If Counselor could please cite one post-medieval case? How's 1991, Counselor? A church right here in Manhattan was willing to provide refuge to military personnel in danger of deployment to the Middle East- Pending the determination of their status as conscientious objectors.
Murder is a far cry from moral opposition to a war.
In this case, it's not.
We are talking about civil disobedience.
My client violently opposed the inequitable treatment of his race under the law.
So he killed somebody? It's a nice try, Ms.
Green, but being that your client is not a hunchback ringing a bell in a Paris cathedral I'm denying your motion.
If I lose at trial, you've just given me grounds for appeal.
And lucky for me, I'll be in Palm Beach collecting social security if and when this nonsense should ever return to this courtroom.
What are they doing in there? Final confession.
I hope you know you have violated the sanctity of our church.
That'll be 10 Hail Marys, Mike.
Excuse me, Reverend.
Isaac Roberts, you're under arrest for the murder of John De Santis.
You have the right to remain silent The Reverend says, if we convict the Roberts kid this city, and I quote: "Ain't seen nothin' yet.
" He thinks he can hold this entire city hostage? No, only the jury.
I think the system deserves a little more credit than that.
Remind me what happened to those kids who beat up that truck driver in LA.
Offer her man one with a recommendation.
And that's in the interests of justice, sir? No.
It's in the interests of finality.
Put an end to this, quick.
Shambala Green will only take man two.
Well, there just might be someone else who has more influence over this boy.
How many times, Mr.
Stone? How many times does a black man have to roll over and play dead? Mrs.
Roberts, I am not suggesting that he roll over- Please.
My son, Isaac's father was a night janitor in a midtown office building.
There was a robbery during his shift.
His lawyer said, "If we go to trial, you don't have a chance.
" Rickie took the deal.
That was three years ago.
This family has bartered enough lives already.
Roberts, I am not trying your son.
I'm trying your grandson and there is no doubt in my mind what he did.
In the future, you want to talk to Mrs.
Roberts, you talk to me first.
Shambala, do you really think that you're doing a client a service by refusing to plea? Why don't you let me determine what's in the best interest of my client? Thanks for coming.
You saved me the price of a messenger.
It's my notice to call Dr.
Myron Jansen as an expert to testify as to my client's mental capacity.
If we learned nothing from the riots in Los Angeles, we learned that peace-loving individuals can be pushed to a point of extreme violence.
The law requires a modicum of self-control.
Nobody is arguing with that, in the normal course of events.
But when one's normal powers of judgment are suspended- Let me get this right.
You're claiming your client was legally insane? Your Honor, Dr.
Jansen will testify that individuals swept up in a riot, can succumb to a collective frenzy that can minimize their ability to distinguish right from wrong.
So, the mob is guilty, and no individual is? Exactly.
The scientists call it group contagion.
I'll listen to your expert, Ms.
But I'm going to reserve my decision on admissibility until after you present your entire case.
Don't blame me for murdering them, they were horrible parents.
And don't blame me for mutilating my husband in his sleep, he abused me.
It's called diminished capacity.
It's called fabricating jury sympathy.
And sympathy is part and parcel of justice.
Right, and my sympathy is definitely with Mrs.
De Santis.
Of course it does, because you can empathize with her.
You have no idea what it's like to be Isaac Roberts.
To feel exploited, to be unemployed to feel like you have no opportunities in this life.
You pump enough air into a balloon, eventually it goes pop.
So, the have-nots can take their frustrations out on the haves without recrimination? That's a hate crime.
It's been happening the other way for centuries.
Look, maybe you did march with Martin in the '60s, but you know what? Hanging a picture of Bobby on your wall just isn't going to cut it anymore.
We were just hanging out.
You and Mr.
Roberts? That's right.
And then we saw people jumping all over the car.
And you joined them? Sure.
I didn't think anyone was going to get hurt.
What happened next? Isaac.
He started pounding the guy.
Did he say why? Uh-uh.
He wasn't talking much.
Thank you.
Was there ever a time when you heard Isaac say: "Let's go beat up a Jew?" No.
Was there ever a time that you saw Isaac beat up anyone else before this? No.
So would you say that he wasn't acting like himself? Yeah, I guess.
Man, you got to understand.
We heard what the Reverend said, and it got us going.
Thank you.
I screamed at John, "Just step on the gas, they'll get out of the way.
" But he didn't do that? They were all around us.
We couldn't do anything.
So what happened next? He broke Johnny's window with a brick.
Are you referring to the defendant? Yes.
Then he opened the door and he dragged Johnny onto the ground and he just hit him and hit him.
De Santis, are you absolutely sure that it was the defendant that hit your husband? It was him.
Thank you.
There was a lot of commotion on the street that day, isn't that correct? Yes.
There were people screaming? Yes.
When my client broke the car window did your husband try to talk to him? Are you kidding? He was like an animal.
You mean he was out of control? We aren't even Jewish.
My husband is dead because he had black hair.
Is that right? No more questions.
It's basically a matter of the whole being greater than the sum of its parts.
A crowd acts very differently than an individual.
In other words, because of the circumstances a good person will do bad things? Well, look at the fans at a soccer match in England.
Hysteria invades the crowd.
Because of the collective frenzy the individual has no power to resist.
Thank you, Doctor.
Doctor, did you ever hear the defendant say that he heard voices telling him to kill Mr.
De Santis? As a matter of fact, he did.
He heard Reverend Ott telling him about the substandard treatment of his people.
He heard hundreds of voices in the crowd screaming: "Get the Jew!" So, in your opinion the defendant is not legally responsible for killing Mr.
De Santis.
That is correct.
So I assume you'd have to have the same feeling about a crowd of good old boys a tree, a noose and a dead black man in Mississippi.
Nothing like invoking a good old-fashioned lynching to blind a jury.
Nothing like confusing them with a bellyful of self-pity.
Why don't we just take the gloves off, all right? And stop behaving like advocates.
He killed a man.
That's a crime.
Hell, maybe it's even a sin.
But he was provoked.
Do you really believe that? That he was provoked by a couple of hundred hooligans? By a couple of centuries of hate.
Between you and me, Ben as a black woman, I am ashamed of what happened on that street.
Are you? You have a hell of a way of showing it.
You don't get it, do you? I don't want that to happen again.
No, you don't get it.
By infantilizing your own people you are guaranteeing that it will happen again.
After all these years, you really had me fooled.
I had no idea that your suit of liberalism only came out of the closet when it was fashionable.
Just once I want someone to stand up in this country and say "I did it.
"I'm responsible for my actions.
"Not my television set, and not the color of my skin.
" And if it makes you feel good to call me a racist.
But if you're really looking for who is responsible for racism these days take a good look in a mirror.
The Reverend finished talking, and I don't know, people were like crazy or something.
Tell us what happened when you saw Mr.
De Santis.
Well, there was a lot of pushing and shoving and screaming.
I didn't know what was going on.
People were screaming: "The Jew killed Damon.
" Do you remember breaking the car window? No.
How about dragging Mr.
De Santis from the car? No.
Hitting him? No.
I just remember the screaming.
Thank you.
Do you regret killing Mr.
De Santis? Sure, I don't want to see anybody dead.
What about Mr.
Berger the man who killed Damon Fox? A little kid gets run down in the street and nothing happens to the guy who did it.
What if it was some white kid on Park Avenue and the car was driven by a brother? But it wasn't.
It was a Jewish businessman up in Harlem.
He's walking the streets and you could go to prison for the rest of your life.
What else is new? They own the banks, the buildings.
A Jew snaps his finger and everybody comes running.
Now, is that what you were thinking about when you saw Mr.
De Santis? I don't know.
Come on.
You wanted revenge, right? You're damn straight, I did.
So I guess there is something you remember about the attack after all.
No more questions.
The defense calls Joshua Berger.
About what? He was not a witness.
He can, however, testify as to the defendant's state of mind.
I don't know where you're going, Ms.
Green but you'd better get there fast.
I'll give you time to prepare cross, Mr.
Sir, after your grand jury appearance you left the courthouse through the rear door.
Isn't that true? The police thought it would be better.
And you agreed with them? They said there was a lot of people out front, they might cause trouble.
Who might cause trouble? Are you talking about blacks, sir? I said "people," Ms.
Sir, isn't it true that your excuse for leaving the scene of the accident was that you were scared? I panicked.
Because you were in Harlem.
You're scared of blacks, isn't that right, Mr.
Berger? I am not a racist.
You're not only scared of them, you hate them, isn't that true? Look.
Any middle-aged white person Jew, Baptist, atheist, whatever who says that he's not frightened no, make that terrified to find himself alone on a city street being followed by two or three black teenagers is a liar.
Oh, I see.
So you only hate some blacks.
One-on-one, you don't mind blacks but more than two of them together scare you.
Do you read about Jewish teenagers carrying guns and selling crack on street corners? So, Bugsy Siegel and Meyer Lansky didn't do anything wrong until they were in their 20s? I'm sorry to disillusion you, Mr.
Berger but you are a racist.
Can you blame my client for being angry? In my chambers.
As soon as this is over, Ms.
Green you can expect a briefcase full of sanctions to hit your desk.
I was only trying to- To offer irrelevant evidence in order to inflame and prejudice a jury.
Now we'll be lucky if this jury doesn't throw Berger in jail.
I assume, Your Honor, that you will instruct the jury to disregard Mr.
Berger's testimony entirely.
I'll do you one better, Mr.
Berger's testimony is out and so is everything having to do with this mob psychology crap.
Then I have no defense.
Tell that to the jury, Counselor.
This should have been over in a couple of hours.
What could they be talking about for eight days? There are 12 people in that room, not 12 computers.
Roberts admitted he killed De Santis.
The judge's instructions eliminate any possible justification.
Juries always listen to judges.
Yes? You're kidding.
Is there any reason to believe that further deliberation would lead to a unanimous verdict? No, Your Honor.
Then I have no alternative but to declare a mistrial.
Three were for murder two.
Four for man one.
That leaves five for acquittal.
On retrial we exclude their expert testimony and the jury only hears our witnesses.
Not going to be a retrial.
Isaac Roberts killed an innocent man.
You're going to let him walk? If I thought we could impanel a jury that would give us a chance of convicting I'd try the case myself.
Now, you'd think that 20 years in this office you'd have a sense of reality.
Reality? The reality is that no one is willing to stand up and draw a line in the sand.
Nobody is willing to say that the law is the law and if you break it, you'll be prosecuted win, lose, or draw.
Nobody except you, of course.
Adam, better to light a match than to curse the darkness.
Even if it lights a fuse that could blow up the city.
What do you want? Peace without justice? I'm willing to straddle a fence so this city can heal.
Can you understand that? I understand that.
And that cure is worse than the disease.
And it's a solution that I just can't be part of.