Law & Order (1990) s13e04 Episode Script
Tragedy on Rye
NARRATOR: 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.
Sure I know her.
Through there, buzz 4D.
Up the stairs, second apartment in the back.
Arnie, Mr.
K.
Could use a refill.
This is my third stop here today.
She's not answering.
I'd leave them by the door, but No, no.
Like leaving a pound of brisket in front of a schnauzer.
Maybe you can hold them and keep some poor guy's heart from breaking? Uh, I'll do you one better.
Ooh, she give you her keys? I got everybody's.
I own the building.
Mind the register, boychick.
Mind it.
Don't help yourself.
Putz! Ganef.
She has a cat.
Mmm, yeah? Smells like about five cats.
Oy vey.
She was in that movie where all the kids are dancing.
Fame? The other one.
Turns out today's her birthday.
The flowers were from her folks.
I read the card.
Nice people.
All right.
Thank you.
The doc says a single .
357 round to the chest did the trick.
BROCK: Went right through her.
Right in the middle of lunch, too.
Looks like kung pao chicken.
Yeah.
Be sure to get back to us on that.
There's a back alley entrance, but the door was locked and alarmed and there's no sign of forced entry.
When will people learn that a good friend can be your worst enemy? She was some kind of actress.
Yeah, slash musician.
Small neck.
It's made for a woman's hands.
I always wanted to learn guitar.
It's actually a bass.
A Rickenbacker.
Is that good? It was good enough for Elvis.
Oh, now you're in my neck of the woods.
I'm actually talking about Elvis Costello.
Who's on first? Anyway, it fits with the rest of her gear.
Pricey.
Her neighbor said this used to be home to one of those plasma screen TVs.
Those things go for, like, six grand.
For six grand, it ought to make coffee and do the dishes.
Lucy Dolan, 32, single, unemployed actress.
In that business if it said "employed" I'd be shocked.
The M.
E.
Says that Miss Dolan had food in her upper GI.
The Chinese take-out receipt was date and time stamped, so the possible time of death is somewhere between noon and 1:00 three days ago.
So, a girl gets shot over a busy restaurant and no one hears anything? Her apartment was soundproofed.
When she wasn't "not acting," she was not earning a buck as a musician.
Whatever her calling, the audio and video equipment in her apartment was worth at least 50 grand.
Someone must love this girl.
Today is her birthday.
You know, we sent her flowers.
Lucy was lost.
With the music, acting.
Stop it.
She was good.
Remember, we saw her in Something off-off Broadway.
How did she actually earn a living, Mr.
Dolan? A job here, a job there.
Lately she was doing comedy.
Stand up.
I guess it was going well.
Why do you say it like that? Lucy was no spoiled brat.
She really worked hard.
But sometimes we helped her with, uh, her rent or bills We didn't mind.
What else is it for? She hasn't asked for help in quite a while.
So, the stereo equipment You mean the CD player? What's that got to do with this? Oh, nothing, really.
Uh, so where did Lucy do her stand up? She never wanted us to see her.
I assumed it wasn't the most respectable club around.
Her agent would know.
Lucy had a killer body.
If only she was a couple of inches taller.
ED: Her folks said her comedy act was taking off.
Yeah, my mom thinks I'm Swifty Lazar.
Lucy emceed late-late night at the Laff Riot out on Staten Island.
We're not exactly talking Leno material.
Did she have any close friends? A boyfriend? There are two types of clients, Detective.
One consults me before they buy a tube of toothpaste.
The other, I'm lucky if I get their cell number.
And Lucy was the latter? I never heard from the girl.
Half the time I didn't know what color her hair was.
You think she might have been using that "killer body" to make some money the old-fashioned way? I hope not.
But it's a tough business.
What can I say? She wouldn't be the first.
Ask me what the key to comedy is.
Timing.
You can say that again.
We were talking about Lucy Dolan.
She could have used a new watch, if you get my drift.
Oh, so you gave her a regular gig out of the kindness of your heart? Guys here at 2:00 in the morning aren't here to laugh.
They're here to look.
And Lucy Dolan was nice to look at.
A five in Manhattan is a ten in Staten Island.
Anyway, she gave me notice.
Friday was gonna be her last day.
We're just wondering why a barely-employed comic would suddenly bolt from her one paying gig? Are you hinting at something here? We were wondering if maybe that late-night crowd offered her a little more than you did? That sort of stuff does not go on in my club.
I don't need this.
Hey, man, look.
My partner didn't realize that you were so sensitive.
Let me ask you something.
It gets late, performers run out of gas, maybe they use a little something-something to lift the spirits? First she's a hooker, now she's a junkie.
Let the girl rest in peace, why don't you? He's right, Ed.
So, Mr.
Helprin, your cabaret license.
Everything in order? What do you guys want from me? I'm just trying to run a club here.
And one of your acts was murdered.
A little concern would be nice.
Lucy kept a locker in the back.
Does that help? It's a start.
Headshots, makeup, speeding tickets.
There's gotta be a dozen of them.
HELPRIN: She was in a rush.
Lucy had a car? Green beemer.
Is that a crime? Unless bad jokes pay better than I thought.
Figured it was family money.
Hey, look at this.
One of those photo citations.
Machines, right? They're gonna put you guys outta work.
(CHUCKLES) Sorry.
You recognize this location? That's the street light on 54th.
Right next to our favorite deli.
STEINER: Looking for a moment frozen in time.
That's almost poetic.
Yeah.
So what am I doing in DMV, right? Just find us something snapped between that corner, with that camera.
Okay, 16 pics in that time span.
Wow, at a hundred bucks a pop? We should get a raise.
STEINER: Tell me about it.
You can blow that up, right? Already in the works.
That's as good as it's gonna get.
Next.
Next.
Next.
Wait a minute, what's that? Zoom in.
They gotta be tourists.
Who else would want a souvenir of a triple-decker? More likely looking for celebrities.
That place caters to the rich and famous.
Now all we have to do is put out an APB for two badly-dressed out-of-towners.
Ford Focus.
My guess it's a rental.
And a rental company would have their local address.
New York's just too big for us.
Too much of a hullabaloo.
We just got a couple of questions for you, Mrs.
Platt.
Oh, we have one for you.
Why do they call it "the Big Apple"? We have apple trees back on the farm.
MR.
PLATT: In New Vienna.
Ohio.
Go figure.
All we need is to take a look at the video you shot in front of the deli.
Look, I hate to be rude, but we got a plane to catch.
There's only one connecting flight out of Cincinnati.
Mr.
Platt, you may have unknowingly filmed evidence of a crime.
Well, we'd love to help you, but we're in a rush.
Let me tell you something.
Besides all the hullabaloo here, we also have something called "material witness warrants.
" That means we can keep you here until all those apples grow back.
We don't have the tape.
Ed, why don't you call Judge Finkel? No.
You don't understand.
We really don't have it.
We sold it.
ED: To who? Television people.
WEXR.
Now you are gonna miss that flight.
ED: They see the murder on the cover of the Daily News, they figure, "What the hell? Let's make a buck.
" It is the American way.
They said they got a shot of three suspicious-looking characters.
Well, if WEXR airs that tape, those characters will know we're onto them and hit the road.
Mmm-hmm.
There's no way the network is going to turn over that tape.
Well, they might if we show up with a restraining order.
Well, what about Ma and Pa Kettle? Well, the next plane's in four hours.
Cut 'em loose in three and a half.
Pentagon Papers case says it all.
No prior restraint on publication or broadcast.
You can't issue a restraining order, Judge.
Your Honor, WEXR paid $10,000 for the tape.
Clearly, they think it has probative value.
If the Platts were in possession of the tape, I'd concede the People's right to subpoena it.
But they're not.
My client is, and my client is a legitimate source of news in the community.
In the alternative, Your Honor, we're asking that the People be given a first look.
Pardon me? We want to view the tape before they go public with it.
We'll assure counsel that nobody from our office or the police department will reveal the existence of the tape before it airs.
Well, Mr.
Willet, is 24 hours gonna put an overly-large kink in your colon? That's not the point, Judge.
Of course, there's always the chance that I linger over the People's application, my clerk gets lost in Westlaw for a couple of days, and your tape becomes yesterday's news, literally.
Thank you, Your Honor.
JUDGE: People to be provided with a duplicate tape forthwith.
MR.
PLATT: Hey, shove over! You're blocking the window.
I got Woody Allen in the crosshairs.
You hayseed, that's just some other Jew.
The silent majority.
It should stay that way.
Now, that looks like a plasma TV to me.
BRISCOE: I thought he was looking for celebrities.
Oh! Larry, Moe, and Curly makes three.
Looks like Curly's sporting a piece.
BRISCOE: There go our killers.
And we've got less than 23 hours to find them.
I'm sorry, guys, I can't get the plate or the registration sticker.
DMV's got 2,700 beige Explorers in the five boroughs alone.
Yeah, assuming your bad guys are even local.
(TYPING) Wait.
What's there? Right on the front window.
What? Uh Looks like it could be a parking permit, something like that.
"FDR.
" Freemont Downs Racetrack.
I can't make out the numbers, but it is a parking permit.
I love the ponies.
Guys would kill for a pass like that.
Funny you should put it that way.
VIP parking.
The guy's a box owner.
That goes along with a clubhouse pass.
If I could make out these numbers, I could tell you who it belongs to.
Can you get us a list of the box owners? All 300 of them? Wait.
Today's the Five Borough Handicap, right? Attaboy Bob's running.
I wouldn't wanna miss that.
BRISCOE: Third race, I gotta go with Ed's Pepper.
ED: (CHUCKLES) You gotta be kidding.
She's a gray.
I always bet the gray.
And you wonder why you always lose.
She's got the inside post.
Yeah, man, and the first rule of racing is "from the rail to the jail.
" Hey.
Beige Explorer.
They look familiar? That's Moe and Larry.
Two out of three ain't bad.
Hey, bro, who you got in the first? Sigfried's Pal, man.
What the hell? (GUN COCKS) You just got scratched, my friend.
You know what this is, Matt? This is what we call your yellows.
CARTON: Yeah, I'm happy for you, man.
It says here you got a disorderly conduct from back in '96.
What was that? One too many brews, and you watered a hydrant? What's the difference? The difference is you stepped up into a whole other league now.
And what league is that? Why would I want to kill somebody, man? You're out of your skull.
That's beside the point.
That don't even look like me.
I checked your sheet, Harold.
The worst thing you ever got caught for was turnstile jumping.
I don't think you're all that tough.
Then why you wasting my time? Your other friend, what's his name? CARTON: I got a lot of friends.
Yeah, you got a lot of balls, too.
Robbery, murder, add obstruction, and you looking at a hat trick, Matt.
Whoa, ain't nobody rob nobody.
Ain't nobody murdered nobody.
So Lucy Dolan just gave you that TV? That's right.
She liked us.
So why'd you shoot her? I didn't.
That's why.
BRISCOE: I hope Ed's doing better than I did.
Hear no evil.
The SUV belongs to this one.
I guess selling swag is recession-proof.
Well, the box seats at the track belong to his cousin, and he owns a shoe store on the Upper East Side.
He's out of town for a week.
The only thing my cousin ever gave me was the mumps.
(DOOR OPENING) Knock, knock.
Andrew Maynard.
Pleasure.
Now if you can just call off the dogs while I talk to my client, Mr.
Johnson.
That's Mr.
Carton.
Heads, I win.
As it turns out, I represent both of these fine gentlemen.
Ed.
Send in the cavalry.
I don't care.
I still ain't killed nobody.
This is your lawyer, Einstein.
You know who that is? That's Andrew Maynard.
BRISCOE: Defender of the undefendable, the falsely accused.
And the biggest narcotics dealers in the city.
I doubt these two knuckleheads can pay his tab.
At 800 bucks an hour, who can? I'm guessing the guy these mopes work for.
The name of the guy who pays the legal fees isn't privileged.
My second divorce.
Yeah, and maybe Maynard will give us the name and a guilty plea on a silver platter.
Well, if we hit him with a subpoena, it's gonna take 30 days for some judge to decide if we get a name.
There are other ways.
Hey, I look like a cop? You look fine.
Have a nice time at the prom.
You got your cell phone? You're damn right.
Don't worry.
I'll call you if he gets too frisky.
Here he comes.
All right, seriously, if Maynard comes back, get your ass outta there.
If you could tell me what this is in reference to, Mr I'd rather not give my name.
Well, is there a number at which Mr.
Maynard can reach you? See, that's a problem.
You see, phones are a little bit awkward at the moment.
Well, I really don't know when Mr.
Maynard is returning to the office.
You can call him, can't you? And say what? A guy who won't give me his name wants to see him? All right, maybe this will help.
There's two brothers enjoying the hospitality of a certain city agency.
There are a lot more than two.
Yeah, but Mr.
Maynard's representing these two.
Matter of fact, he went by and visited them today at the behest of one of my colleagues.
Please, have a seat.
Hi, Mr.
Maynard.
No, no, they didn't call.
There's a gentleman here referred by Danny Otum.
He won't give it to me.
Says you understand.
Can you be here tomorrow morning at 8:00 a.
M? Not a problem.
Police! We have a warrant! Open up, Mr.
Otum.
It's the police! Oh, the hell with it.
Use the super's key.
NYPD.
Last time we ask.
Hey.
Police business.
Get back inside.
What's going on? Now! Danny's got good taste.
Yeah.
He got Lucy Dolan's TV, too.
Hey! What are you doing in my Police! Don't move! (GRUNTS) (EXCLAIMS) BRISCOE: I said police! It's a cell phone.
You okay, partner? Yeah.
I'm great.
(HANDCUFFS CLICKING) "Docket number 3395, People v.
Carton, Johnson, and Otum.
" Steve Hanft substituting for defendant Johnson.
Yoriko Fujitsa for defendant Carton, Your Honor.
Welcome to one and all.
Mr.
Maynard, I assume you're here in some official capacity? Andrew Maynard for Daniel Otum, sir.
Lead on, Macduff.
"Charges are, one count each, Murder in the First Degree, Robbery in the First Degree.
" Pleas, gentlemen.
Not guilty.
Not guilty.
Not guilty, Your Honor.
Who says consistency is the hobgoblin of little minds? People on bail? The defendants are seen on a videotape outside of the victim's building holding her property at the time of her murder.
Judge, the tape is fuzzy at best.
Fuzzy or not, the deceased's property was recovered from defendant Otum's apartment.
Nice try, Counselor.
Judge, if I may? No, you may not.
Mr.
Maynard, your client has multiple priors.
He's not going anywhere.
Uh, remand all three defendants.
Next? COURT CLERK: "Docket number 37926" Off the record? Why not? We all have a good idea what my client does for a living.
On the record, that's why we're not considering a deal.
Sure, one drug dealer kills another.
Hold on.
There's no evidence that Lucy Dolan sold drugs.
(CHUCKLES) Her car.
Her possessions.
Her lack of any other source of income.
Well, maybe she had a boyfriend.
Or, perhaps Danny Otum served as wholesaler and Miss Dolan was one of his retailers.
Is this a confession to possession with intent? Theory.
Lucy's marketing skills were falling a little short of expectation.
She owed Danny what was quickly becoming a lot of money.
So he killed her? No.
Lucy Dolan was shot with a.
357, Mr.
Maynard.
Your client did three years for assault with a.
357.
And you know why you can't find a murder weapon? Because Danny never had it.
This was strictly business.
And like any other transaction, after some negotiation, she offered collateral to secure her loan.
The plasma screen TV? There you go.
(SCOFFS) And the murder? It happened after my client and his colleagues went their merry way.
You should write fiction, Mr.
Maynard.
First off, your client has multiple violent felonies.
Second, he should thank his lucky stars he didn't get shot resisting arrest.
In which case, I would be initiating a wrongful death suit instead of merely a Federal civil rights action.
Detective Green thought Mr.
Otum was reaching for a weapon.
He was reaching for his cell to dial 911.
He thought he was being robbed.
Oh, come on.
A jury can be a strange and empathetic beast, Ms.
Southerlyn.
Now, taking all of the relevant facts and putting them into perspective, I have the distinct feeling that we could make this Federal case go away I'm busy, Mr.
Maynard.
Damn cell phone.
Hey, Otum is a known dealer.
I got a history, man.
You two, in my office.
Shut the door.
You're on desk.
Hey, a week or so, tops.
It'll all be straightened out.
Excuse me.
Both of you.
You were the only witness.
Otum names the City, the Department, and you individually in his suit.
He claims you profiled him.
Right.
He's a drug dealer and a murderer.
And he's black! Have you looked at me recently? He also claims that you never identified yourselves as cops.
Come on! I said, "Police.
" And the icing on the cake is the pounding he took, with snapshots to prove it.
Tell me.
Did I wake up on the wrong side of the looking glass this morning? A black cop under investigation by a white U.
S.
Attorney for beating a black suspect.
Times they are a-changin'.
Yup.
And this Detective Green certainly adds another layer to the cake.
True or false, the sole purpose of a government and all its agents is to protect the citizenry? Sole purpose, no.
Okay, the primary purpose, then.
Once we establish that Detective Green's actions were not racially motivated, then we must conclude that they were just another desperate example of our government failing in its most basic function.
Or they were an example of a man resorting to a primal instinct.
Self-preservation.
Detective Green thought Otum was reaching for a gun.
It was a hell of an argument though, don't you think? Actually, Maynard is reaching back to Trial Tricks 101.
He's using the Federal civil rights action as leverage to try to make us back off the criminal case.
BRANCH: Which you're not going to do.
Murder one? I don't think so.
Well, as it turns out, I took a more advanced version of that very same class.
We'll see who has the leverage when the day is done.
The arrests of Carton, Johnson, and Otum, repeat offenders all, followed an investigation by Detectives Briscoe and Green, whose lieutenant, Anita Van Buren, supervised the inquiry.
The people of this city owe these officers a debt of gratitude.
It is the conclusion of this office, based on the particular circumstances of this crime, and the overwhelming evidence of guilt, that the death penalty, although very rarely sought in this county, is appropriate.
Lucy Dolan's murder was brutal, intentional, and pointless.
Our hearts go out to her loved ones.
Now I'll take your questions.
(REPORTERS CLAMORING) Mr.
Branch, I was just coming to see you.
You go on ahead.
What can I do for you, Lieutenant? I saw your news conference.
Yes.
I thought it went well.
Well, I understand all about PR, sir, but I think you may have gone just a bit overboard on this one.
To quote a great legal scholar, "So what?" The two nice ones carry the TV while the surly one does the shooting.
Any way you deal the cards, Lieutenant, it's your garden-variety felony murder, punishable by death in this state.
Besides, I'd think you'd favor this course of action.
You know what my problem is? If we fry Carton and Johnson, the next time my officers find themselves in a similar situation, the bad guys may just shoot to kill.
What the hell? They'd be facing the death penalty anyway.
You want to talk next time? What about the next time three punks hit a 7-Eleven? Do you want the two without the gun to get a pass, when their buddy blows the cashier's face off? That's not the message I wanna send for all the next times.
And in case you missed the obvious, I'm trying to save the career of one of your officers.
Maybe his isn't the only career being saved.
The Federal case could sway the jury in your murder trial, and we both know a D.
A.
Can't get re-elected in this city if he can't convict three men caught on tape leaving the scene with the victim's property in their arms.
You know, Lieutenant, in the end, a man's motives are secondary to his accomplishments.
That same great legal scholar? That's right.
Me.
I take it you don't care for the new D.
A.
's tactics on this one.
Do you? I think he's just flexing.
If it works, we'll be able to put Otum and his crew behind bars and keep Green on the street.
Anyway, the Commissioner, with no ifs, ands, or buts, said no one from my precinct could look into Green's case.
That's the drill, isn't it? See, the thing is, Briscoe said Otum had a neighbor across the hall who was kind of nosey when they first showed up.
And no one's talked to him? No one got the right answers.
SERENA: Why play games, Mr.
Franks? We both know you heard them announce themselves as police officers when they first arrived.
Maybe I did and maybe I didn't.
Who can say for sure? If you're afraid of Otum, we'll take care of you.
You think I don't read the papers? I know what happens to people who testify against gangsters.
Somehow their houses burn down, their kids disappear.
What the papers leave out is that I can be equally dangerous, Mr.
Franks.
I'll take my chances.
I used to date a CPA.
How nice for you.
Now, if you don't mind.
Sure.
Why talk now when we can finish this discussion in front of a Grand Jury? Look, I know enough law to know that you can't force me to testify.
That's right.
But I can cite you for contempt, and a contempt conviction in New York is a felony.
Did you know that? And with a felony on your record, I'm afraid you'll lose that accounting license, this nice office Mr.
Franks gave one hell of a deposition.
Turns out he heard Briscoe yell, "Police, don't move.
" Did the U.
S.
Attorney find him credible? He found, and I quote, "There were no grounds for charges against "the arresting officers.
" Which destroys Maynard's leverage.
I'll wait till morning to call him.
Let him try to sleep thinking his client is facing a lethal injection.
The sun coming up changes things? How? I thought we threatened capital punishment just to get some leverage of our own? We did.
Although, thanks to Serena, we didn't need it.
You should know, Arthur, I don't like being sandbagged by anyone.
Well, that's good.
For a minute I thought I was going to get an earful of morality.
Two of our defendants are being accused of their first felony.
For all we know, they didn't even realize Otum had a weapon.
Your point being? Putting somebody to death for stealing a television is reprehensible.
Ah, vox clamantis from the moral left.
With all due respect, I'm talking about constitutionality, or rather, the lack of it.
A death sentence for Carton or Johnson would be cruel and unusual punishment.
We threaten the death penalty every day to get one defendant to roll over on another.
Now, those threats become meaningless if we never actually use it.
Maybe the Governor of Illinois was right imposing a moratorium on capital punishment.
People do make mistakes.
Only it seems to me we've got enough evidence for two cases on this one.
The only thing we don't have is a busload of nuns as eyewitnesses.
I mean, am I wrong? Do we know these punks are guilty or don't we? They're guilty, but, Arthur, are you sure this is the best case for you to prove a point? You don't like to be sandbagged.
I don't like the race card thrown in my face.
Hey.
Well, you've got to admit, you're not the typical New York City District Attorney.
Twenty years here and still the carpetbagger.
My point is this decision may not sit that well with a large portion of the state.
You worry about the law.
I'll worry about the politics.
Is there anything else? It's political suicide, but it is his choice.
So we just go on our trigger-happy way until the next election? The man is a District Attorney, not Attila The Hun.
Every case will be judged on its own merits.
And this case? How often do we have the defendants on video, Serena? Or find a crime scene covered in fingerprints? Or the stolen goods in the defendant's apartment? How often is someone killed for a television set? To me, that pretty much defines "heinous.
" And if Maynard was right and Lucy Dolan was really a drug dealer? Maynard can't put any of her hypothetical clients on the stand, and there's no way he lets any of his defendants testify.
All in all, I don't think we have to worry about that.
Miss Dolan's apartment was dusted for fingerprints by the Crime Scene Unit.
JACK: The result? Mr.
Carton and Mr.
Johnson's prints were found on the coffee table, here.
Mr.
Otum's palm print on a surface behind the entertainment center.
Could you demonstrate how a palm print could come to be in that location? Uh, well, if you were removing a unit, uh, say, here.
JACK: That would be the plasma TV already marked as People's Three? That's correct, yeah.
Uh, anyway, from the center, you have to lean here to detach the cables, and so on.
Yes.
Thank you.
All of this to prove that the defendants were actually in Miss Dolan's apartment? Hell, we would have stipulated to that fact.
Mr.
Beck, does any of this prove that the television set was stolen? It was taken off the wall.
That wasn't my question.
No.
MAYNARD: That's all.
JUDGE: Anything else? Nothing, Judge.
Nothing on behalf of Mr.
Carton, Your Honor.
My daughter never gave me a moment's grief and she never harmed anyone in her life.
She was a kind, decent person.
She didn't deserve to die like that.
JACK: Nobody does.
Objection.
JUDGE: Sustained.
This is a courtroom, Mr.
McCoy, not an op-ed column.
Mrs.
Dolan, how often did you speak with Lucy? Oh, several times a week.
Did she ever mention a friend named Danny Otum? No.
Matt Carton? No.
Harry Johnson? No.
So, as far as you know, these men I just mentioned had no legitimate reason to be in her apartment? None that I know of.
Thank you.
Your daughter was hardworking? She tried, sir.
Very hard, yes.
But honestly, ma'am, she wasn't successful, as an actress, or singer, or comedian? It takes time.
Yes, it does.
Did you know that at the time of your daughter's death, Lucy owned approximately $50,000 worth of stereo equipment? Yes.
The police told me.
And did they tell you that she also owned a late-model BMW worth in the neighborhood of $60,000? Do you know what it's like to inherit from your daughter? I truly have sympathy for you, Mrs.
Dolan.
But could you please answer my question? Yes.
The police told me about the car.
MAYNARD: In her tax returns filed for the last three years, she shows no significant income.
She had no credit card, no bank account.
Do you have any idea how she bought those items? No.
People loved her.
Maybe someone Or maybe she was selling drugs.
Objection.
No foundation.
Withdrawn.
JACK: Your Honor.
Jury will disregard.
MAYNARD: Thank you for your honesty, Mrs.
Dolan.
I appreciate how difficult this has been.
JUDGE: Counselors? No questions for this witness.
Uh, not me, Your Honor.
Specifically, my field is forensic accounting.
I determine the worth of businesses, usually for purposes of litigation or matrimonial matters.
At my request, Mr.
Vavoulis, did you evaluate the worth of Lucy Dolan's enterprise? Again, no foundation.
Actually, I can help with that.
Let's hear what you've got.
This chart helps establish what we call a PBA, a "Pattern of Business Activity.
" The enormous volume of phone calls over the past five months is a clear indication of business activity.
And the underlying data was derived from Lucy Dolan's home phone? No.
It's a cellular phone.
But the same principles apply.
Go on.
When this phone activity is viewed in light of Miss Dolan's net worth, as determined by her tangible assets, such as automobiles, home furnishings, personal property I see not just a going concern, but a thriving one.
And could you determine what kind of business Miss Dolan was involved in? No.
But if I had to guess, based on the voluminous cell phone use and the hours of the incoming calls, I'd say it was something, perhaps, not legal.
MAYNARD: Drugs? Perhaps.
And have you ever analyzed a narcotics business before, Mr.
Vavoulis? Yes.
I've been hired by the FBI on several occasions.
And this fits the profile.
Could this pattern also apply to some other home business, such as, say, selling Tupperware? Yes.
JACK: Thank you.
Come on.
I'll buy you a drink.
Sure, why not start the celebration early? Why not relax after a long day in court? Fine.
You know, every Christmas, my father used to drag us to St.
Bartholomew's for midnight mass.
It was literally filled to the brim.
There's a lot of guilt that time of year.
But the thing that I remember most was the walk home after the service.
Rain or snow, it didn't matter, we still walked, and all the way home, the only thing I could think about was, "What's wrong with me? Why aren't I like all of those people who actually believe "the words that they're singing?" Maybe it was the eggnog your uncle Harry slipped you.
I'm being serious, Jack.
My point is, right now I'm more convinced than ever that this job would be a lot easier if I was one of those people from St.
Bart's.
At least then, making a decision about taking a man's life wouldn't be so excruciating.
Because there'd be a rule that the death penalty is always wrong.
A lot of people believe that.
Leaving only us heathens to struggle through the muck and mire of a world that's doused in gray.
What if we're wrong? Do Matt Carton and Harry Johnson deserve to die just because we can squeeze what they did into some statute? Yeah, mistakes.
I try not to make them.
But like they say at St.
Bart's, we're all sinners, so we all make mistakes.
That's why they have a judge and a defense attorney.
It ain't pretty, but I can live with it.
It's a copout.
Three black men caught on tape loading a plasma screen TV into an SUV.
They must be killers.
Three black men in the victim's apartment.
They must have been there to kill her.
That's the People's case.
They don't have a murder weapon.
They say they have a motive.
But do they? A room full of expensive equipment, and all that was taken was a television set.
The People's case is laughable.
They want you to ignore the fact that Lucy Dolan herself may have been dealing drugs.
They want you to forget the fact that no motive and no weapon should always leave us with no conviction.
The defense admits the defendants were at the scene of the crime.
They had to.
They had their fingerprints all over Lucy Dolan's walls.
The defense admits that the defendants carried Miss Dolan's television from her apartment at or near the time of her murder.
They had to.
We had them on video.
They can slander the victim as much as they like, with charts and graphs and assumptions, but where I come from, one plus one does not equal three.
Thank you for coming.
Why wouldn't we? The fact that you asked us here leads me to believe you're not all that confident.
Quite the opposite, Mr.
Hanft.
We're very confident.
We're trying to keep your clients alive.
JACK: The fact is, Danny Otum's ship is sinking.
Considering the time and the place in history, if your clients stay on board, they're looking at a lethal injection.
It's not worth rolling the dice.
We're just following our client's directions.
And what law schools did they go to? The ones that tell them innocent people don't get convicted.
You actually believe them? No.
But it's not my decision to make.
That's right.
Mr.
Maynard is running the show.
We're done.
Has the jury reached a verdict? FOREPERSON: We have, Your Honor.
As to defendant Harry Johnson, we find him guilty of murder in the first degree.
As to defendant Matthew Carton, guilty of murder in the first degree.
As to defendant Daniel Otum, guilty of murder in the first degree.
JUDGE: So say you all? Yes, Judge.
JUDGE: The jury is temporarily excused.
The sentencing phase of the proceedings to commence a week from today.
(GAVEL BANGS) MRS.
CARTON: Matthew! (MRS.
CARTON SOBBING) Congratulations.
Matthew.
You're the one who said that this case was a slam dunk.
Why are you working overtime on sentencing? What did that forensic accountant say about Dolan's incoming phone activity? That it was an enormous volume.
Why? Common sense says it should have stayed roughly the same at first, tapering off as word got out that Lucy was no longer in business.
Look at this here in her phone records.
Whoever this is called once every couple of days for months.
But he never once called after she was murdered.
He knew she was dead.
Call Van Buren.
BORGES: It's open, Frankie.
Ernest Borges? I don't like surprises.
Well, you're gonna hate this one.
Get up.
Ernest Borges, you're under arrest for, among other things, the murder of Lucy Dolan.
You have the right to remain silent.
Anything you say can and will be held against you in a court of law.
Ballistics came back on the gun from Borges' apartment.
It's the murder weapon.
His lawyer's already itching for a sit-down.
And we can't find a connection between Borges and Otum, Carton, or Johnson.
You've filed the appropriate papers for their release? In the works.
Maynard was so busy slandering Lucy Dolan, he forgot to do his homework.
Truth is, I always thought either Carton or Johnson would roll on Otum.
Are you saying that all of this was part of Trial Tricks 102? That, or a big, juicy mea culpa.
All three of them should put Serena on their Christmas card lists.
I just wish that there was a way to prevent all of this from happening again.
There is.
Move to Illinois.
I think he's pulling your leg, Serena.
You know, this whole affair makes you think twice.
About the death penalty? About where to buy you a steak.
Come on.
We'll split a cab.
No, I'll walk.
These are their stories.
Sure I know her.
Through there, buzz 4D.
Up the stairs, second apartment in the back.
Arnie, Mr.
K.
Could use a refill.
This is my third stop here today.
She's not answering.
I'd leave them by the door, but No, no.
Like leaving a pound of brisket in front of a schnauzer.
Maybe you can hold them and keep some poor guy's heart from breaking? Uh, I'll do you one better.
Ooh, she give you her keys? I got everybody's.
I own the building.
Mind the register, boychick.
Mind it.
Don't help yourself.
Putz! Ganef.
She has a cat.
Mmm, yeah? Smells like about five cats.
Oy vey.
She was in that movie where all the kids are dancing.
Fame? The other one.
Turns out today's her birthday.
The flowers were from her folks.
I read the card.
Nice people.
All right.
Thank you.
The doc says a single .
357 round to the chest did the trick.
BROCK: Went right through her.
Right in the middle of lunch, too.
Looks like kung pao chicken.
Yeah.
Be sure to get back to us on that.
There's a back alley entrance, but the door was locked and alarmed and there's no sign of forced entry.
When will people learn that a good friend can be your worst enemy? She was some kind of actress.
Yeah, slash musician.
Small neck.
It's made for a woman's hands.
I always wanted to learn guitar.
It's actually a bass.
A Rickenbacker.
Is that good? It was good enough for Elvis.
Oh, now you're in my neck of the woods.
I'm actually talking about Elvis Costello.
Who's on first? Anyway, it fits with the rest of her gear.
Pricey.
Her neighbor said this used to be home to one of those plasma screen TVs.
Those things go for, like, six grand.
For six grand, it ought to make coffee and do the dishes.
Lucy Dolan, 32, single, unemployed actress.
In that business if it said "employed" I'd be shocked.
The M.
E.
Says that Miss Dolan had food in her upper GI.
The Chinese take-out receipt was date and time stamped, so the possible time of death is somewhere between noon and 1:00 three days ago.
So, a girl gets shot over a busy restaurant and no one hears anything? Her apartment was soundproofed.
When she wasn't "not acting," she was not earning a buck as a musician.
Whatever her calling, the audio and video equipment in her apartment was worth at least 50 grand.
Someone must love this girl.
Today is her birthday.
You know, we sent her flowers.
Lucy was lost.
With the music, acting.
Stop it.
She was good.
Remember, we saw her in Something off-off Broadway.
How did she actually earn a living, Mr.
Dolan? A job here, a job there.
Lately she was doing comedy.
Stand up.
I guess it was going well.
Why do you say it like that? Lucy was no spoiled brat.
She really worked hard.
But sometimes we helped her with, uh, her rent or bills We didn't mind.
What else is it for? She hasn't asked for help in quite a while.
So, the stereo equipment You mean the CD player? What's that got to do with this? Oh, nothing, really.
Uh, so where did Lucy do her stand up? She never wanted us to see her.
I assumed it wasn't the most respectable club around.
Her agent would know.
Lucy had a killer body.
If only she was a couple of inches taller.
ED: Her folks said her comedy act was taking off.
Yeah, my mom thinks I'm Swifty Lazar.
Lucy emceed late-late night at the Laff Riot out on Staten Island.
We're not exactly talking Leno material.
Did she have any close friends? A boyfriend? There are two types of clients, Detective.
One consults me before they buy a tube of toothpaste.
The other, I'm lucky if I get their cell number.
And Lucy was the latter? I never heard from the girl.
Half the time I didn't know what color her hair was.
You think she might have been using that "killer body" to make some money the old-fashioned way? I hope not.
But it's a tough business.
What can I say? She wouldn't be the first.
Ask me what the key to comedy is.
Timing.
You can say that again.
We were talking about Lucy Dolan.
She could have used a new watch, if you get my drift.
Oh, so you gave her a regular gig out of the kindness of your heart? Guys here at 2:00 in the morning aren't here to laugh.
They're here to look.
And Lucy Dolan was nice to look at.
A five in Manhattan is a ten in Staten Island.
Anyway, she gave me notice.
Friday was gonna be her last day.
We're just wondering why a barely-employed comic would suddenly bolt from her one paying gig? Are you hinting at something here? We were wondering if maybe that late-night crowd offered her a little more than you did? That sort of stuff does not go on in my club.
I don't need this.
Hey, man, look.
My partner didn't realize that you were so sensitive.
Let me ask you something.
It gets late, performers run out of gas, maybe they use a little something-something to lift the spirits? First she's a hooker, now she's a junkie.
Let the girl rest in peace, why don't you? He's right, Ed.
So, Mr.
Helprin, your cabaret license.
Everything in order? What do you guys want from me? I'm just trying to run a club here.
And one of your acts was murdered.
A little concern would be nice.
Lucy kept a locker in the back.
Does that help? It's a start.
Headshots, makeup, speeding tickets.
There's gotta be a dozen of them.
HELPRIN: She was in a rush.
Lucy had a car? Green beemer.
Is that a crime? Unless bad jokes pay better than I thought.
Figured it was family money.
Hey, look at this.
One of those photo citations.
Machines, right? They're gonna put you guys outta work.
(CHUCKLES) Sorry.
You recognize this location? That's the street light on 54th.
Right next to our favorite deli.
STEINER: Looking for a moment frozen in time.
That's almost poetic.
Yeah.
So what am I doing in DMV, right? Just find us something snapped between that corner, with that camera.
Okay, 16 pics in that time span.
Wow, at a hundred bucks a pop? We should get a raise.
STEINER: Tell me about it.
You can blow that up, right? Already in the works.
That's as good as it's gonna get.
Next.
Next.
Next.
Wait a minute, what's that? Zoom in.
They gotta be tourists.
Who else would want a souvenir of a triple-decker? More likely looking for celebrities.
That place caters to the rich and famous.
Now all we have to do is put out an APB for two badly-dressed out-of-towners.
Ford Focus.
My guess it's a rental.
And a rental company would have their local address.
New York's just too big for us.
Too much of a hullabaloo.
We just got a couple of questions for you, Mrs.
Platt.
Oh, we have one for you.
Why do they call it "the Big Apple"? We have apple trees back on the farm.
MR.
PLATT: In New Vienna.
Ohio.
Go figure.
All we need is to take a look at the video you shot in front of the deli.
Look, I hate to be rude, but we got a plane to catch.
There's only one connecting flight out of Cincinnati.
Mr.
Platt, you may have unknowingly filmed evidence of a crime.
Well, we'd love to help you, but we're in a rush.
Let me tell you something.
Besides all the hullabaloo here, we also have something called "material witness warrants.
" That means we can keep you here until all those apples grow back.
We don't have the tape.
Ed, why don't you call Judge Finkel? No.
You don't understand.
We really don't have it.
We sold it.
ED: To who? Television people.
WEXR.
Now you are gonna miss that flight.
ED: They see the murder on the cover of the Daily News, they figure, "What the hell? Let's make a buck.
" It is the American way.
They said they got a shot of three suspicious-looking characters.
Well, if WEXR airs that tape, those characters will know we're onto them and hit the road.
Mmm-hmm.
There's no way the network is going to turn over that tape.
Well, they might if we show up with a restraining order.
Well, what about Ma and Pa Kettle? Well, the next plane's in four hours.
Cut 'em loose in three and a half.
Pentagon Papers case says it all.
No prior restraint on publication or broadcast.
You can't issue a restraining order, Judge.
Your Honor, WEXR paid $10,000 for the tape.
Clearly, they think it has probative value.
If the Platts were in possession of the tape, I'd concede the People's right to subpoena it.
But they're not.
My client is, and my client is a legitimate source of news in the community.
In the alternative, Your Honor, we're asking that the People be given a first look.
Pardon me? We want to view the tape before they go public with it.
We'll assure counsel that nobody from our office or the police department will reveal the existence of the tape before it airs.
Well, Mr.
Willet, is 24 hours gonna put an overly-large kink in your colon? That's not the point, Judge.
Of course, there's always the chance that I linger over the People's application, my clerk gets lost in Westlaw for a couple of days, and your tape becomes yesterday's news, literally.
Thank you, Your Honor.
JUDGE: People to be provided with a duplicate tape forthwith.
MR.
PLATT: Hey, shove over! You're blocking the window.
I got Woody Allen in the crosshairs.
You hayseed, that's just some other Jew.
The silent majority.
It should stay that way.
Now, that looks like a plasma TV to me.
BRISCOE: I thought he was looking for celebrities.
Oh! Larry, Moe, and Curly makes three.
Looks like Curly's sporting a piece.
BRISCOE: There go our killers.
And we've got less than 23 hours to find them.
I'm sorry, guys, I can't get the plate or the registration sticker.
DMV's got 2,700 beige Explorers in the five boroughs alone.
Yeah, assuming your bad guys are even local.
(TYPING) Wait.
What's there? Right on the front window.
What? Uh Looks like it could be a parking permit, something like that.
"FDR.
" Freemont Downs Racetrack.
I can't make out the numbers, but it is a parking permit.
I love the ponies.
Guys would kill for a pass like that.
Funny you should put it that way.
VIP parking.
The guy's a box owner.
That goes along with a clubhouse pass.
If I could make out these numbers, I could tell you who it belongs to.
Can you get us a list of the box owners? All 300 of them? Wait.
Today's the Five Borough Handicap, right? Attaboy Bob's running.
I wouldn't wanna miss that.
BRISCOE: Third race, I gotta go with Ed's Pepper.
ED: (CHUCKLES) You gotta be kidding.
She's a gray.
I always bet the gray.
And you wonder why you always lose.
She's got the inside post.
Yeah, man, and the first rule of racing is "from the rail to the jail.
" Hey.
Beige Explorer.
They look familiar? That's Moe and Larry.
Two out of three ain't bad.
Hey, bro, who you got in the first? Sigfried's Pal, man.
What the hell? (GUN COCKS) You just got scratched, my friend.
You know what this is, Matt? This is what we call your yellows.
CARTON: Yeah, I'm happy for you, man.
It says here you got a disorderly conduct from back in '96.
What was that? One too many brews, and you watered a hydrant? What's the difference? The difference is you stepped up into a whole other league now.
And what league is that? Why would I want to kill somebody, man? You're out of your skull.
That's beside the point.
That don't even look like me.
I checked your sheet, Harold.
The worst thing you ever got caught for was turnstile jumping.
I don't think you're all that tough.
Then why you wasting my time? Your other friend, what's his name? CARTON: I got a lot of friends.
Yeah, you got a lot of balls, too.
Robbery, murder, add obstruction, and you looking at a hat trick, Matt.
Whoa, ain't nobody rob nobody.
Ain't nobody murdered nobody.
So Lucy Dolan just gave you that TV? That's right.
She liked us.
So why'd you shoot her? I didn't.
That's why.
BRISCOE: I hope Ed's doing better than I did.
Hear no evil.
The SUV belongs to this one.
I guess selling swag is recession-proof.
Well, the box seats at the track belong to his cousin, and he owns a shoe store on the Upper East Side.
He's out of town for a week.
The only thing my cousin ever gave me was the mumps.
(DOOR OPENING) Knock, knock.
Andrew Maynard.
Pleasure.
Now if you can just call off the dogs while I talk to my client, Mr.
Johnson.
That's Mr.
Carton.
Heads, I win.
As it turns out, I represent both of these fine gentlemen.
Ed.
Send in the cavalry.
I don't care.
I still ain't killed nobody.
This is your lawyer, Einstein.
You know who that is? That's Andrew Maynard.
BRISCOE: Defender of the undefendable, the falsely accused.
And the biggest narcotics dealers in the city.
I doubt these two knuckleheads can pay his tab.
At 800 bucks an hour, who can? I'm guessing the guy these mopes work for.
The name of the guy who pays the legal fees isn't privileged.
My second divorce.
Yeah, and maybe Maynard will give us the name and a guilty plea on a silver platter.
Well, if we hit him with a subpoena, it's gonna take 30 days for some judge to decide if we get a name.
There are other ways.
Hey, I look like a cop? You look fine.
Have a nice time at the prom.
You got your cell phone? You're damn right.
Don't worry.
I'll call you if he gets too frisky.
Here he comes.
All right, seriously, if Maynard comes back, get your ass outta there.
If you could tell me what this is in reference to, Mr I'd rather not give my name.
Well, is there a number at which Mr.
Maynard can reach you? See, that's a problem.
You see, phones are a little bit awkward at the moment.
Well, I really don't know when Mr.
Maynard is returning to the office.
You can call him, can't you? And say what? A guy who won't give me his name wants to see him? All right, maybe this will help.
There's two brothers enjoying the hospitality of a certain city agency.
There are a lot more than two.
Yeah, but Mr.
Maynard's representing these two.
Matter of fact, he went by and visited them today at the behest of one of my colleagues.
Please, have a seat.
Hi, Mr.
Maynard.
No, no, they didn't call.
There's a gentleman here referred by Danny Otum.
He won't give it to me.
Says you understand.
Can you be here tomorrow morning at 8:00 a.
M? Not a problem.
Police! We have a warrant! Open up, Mr.
Otum.
It's the police! Oh, the hell with it.
Use the super's key.
NYPD.
Last time we ask.
Hey.
Police business.
Get back inside.
What's going on? Now! Danny's got good taste.
Yeah.
He got Lucy Dolan's TV, too.
Hey! What are you doing in my Police! Don't move! (GRUNTS) (EXCLAIMS) BRISCOE: I said police! It's a cell phone.
You okay, partner? Yeah.
I'm great.
(HANDCUFFS CLICKING) "Docket number 3395, People v.
Carton, Johnson, and Otum.
" Steve Hanft substituting for defendant Johnson.
Yoriko Fujitsa for defendant Carton, Your Honor.
Welcome to one and all.
Mr.
Maynard, I assume you're here in some official capacity? Andrew Maynard for Daniel Otum, sir.
Lead on, Macduff.
"Charges are, one count each, Murder in the First Degree, Robbery in the First Degree.
" Pleas, gentlemen.
Not guilty.
Not guilty.
Not guilty, Your Honor.
Who says consistency is the hobgoblin of little minds? People on bail? The defendants are seen on a videotape outside of the victim's building holding her property at the time of her murder.
Judge, the tape is fuzzy at best.
Fuzzy or not, the deceased's property was recovered from defendant Otum's apartment.
Nice try, Counselor.
Judge, if I may? No, you may not.
Mr.
Maynard, your client has multiple priors.
He's not going anywhere.
Uh, remand all three defendants.
Next? COURT CLERK: "Docket number 37926" Off the record? Why not? We all have a good idea what my client does for a living.
On the record, that's why we're not considering a deal.
Sure, one drug dealer kills another.
Hold on.
There's no evidence that Lucy Dolan sold drugs.
(CHUCKLES) Her car.
Her possessions.
Her lack of any other source of income.
Well, maybe she had a boyfriend.
Or, perhaps Danny Otum served as wholesaler and Miss Dolan was one of his retailers.
Is this a confession to possession with intent? Theory.
Lucy's marketing skills were falling a little short of expectation.
She owed Danny what was quickly becoming a lot of money.
So he killed her? No.
Lucy Dolan was shot with a.
357, Mr.
Maynard.
Your client did three years for assault with a.
357.
And you know why you can't find a murder weapon? Because Danny never had it.
This was strictly business.
And like any other transaction, after some negotiation, she offered collateral to secure her loan.
The plasma screen TV? There you go.
(SCOFFS) And the murder? It happened after my client and his colleagues went their merry way.
You should write fiction, Mr.
Maynard.
First off, your client has multiple violent felonies.
Second, he should thank his lucky stars he didn't get shot resisting arrest.
In which case, I would be initiating a wrongful death suit instead of merely a Federal civil rights action.
Detective Green thought Mr.
Otum was reaching for a weapon.
He was reaching for his cell to dial 911.
He thought he was being robbed.
Oh, come on.
A jury can be a strange and empathetic beast, Ms.
Southerlyn.
Now, taking all of the relevant facts and putting them into perspective, I have the distinct feeling that we could make this Federal case go away I'm busy, Mr.
Maynard.
Damn cell phone.
Hey, Otum is a known dealer.
I got a history, man.
You two, in my office.
Shut the door.
You're on desk.
Hey, a week or so, tops.
It'll all be straightened out.
Excuse me.
Both of you.
You were the only witness.
Otum names the City, the Department, and you individually in his suit.
He claims you profiled him.
Right.
He's a drug dealer and a murderer.
And he's black! Have you looked at me recently? He also claims that you never identified yourselves as cops.
Come on! I said, "Police.
" And the icing on the cake is the pounding he took, with snapshots to prove it.
Tell me.
Did I wake up on the wrong side of the looking glass this morning? A black cop under investigation by a white U.
S.
Attorney for beating a black suspect.
Times they are a-changin'.
Yup.
And this Detective Green certainly adds another layer to the cake.
True or false, the sole purpose of a government and all its agents is to protect the citizenry? Sole purpose, no.
Okay, the primary purpose, then.
Once we establish that Detective Green's actions were not racially motivated, then we must conclude that they were just another desperate example of our government failing in its most basic function.
Or they were an example of a man resorting to a primal instinct.
Self-preservation.
Detective Green thought Otum was reaching for a gun.
It was a hell of an argument though, don't you think? Actually, Maynard is reaching back to Trial Tricks 101.
He's using the Federal civil rights action as leverage to try to make us back off the criminal case.
BRANCH: Which you're not going to do.
Murder one? I don't think so.
Well, as it turns out, I took a more advanced version of that very same class.
We'll see who has the leverage when the day is done.
The arrests of Carton, Johnson, and Otum, repeat offenders all, followed an investigation by Detectives Briscoe and Green, whose lieutenant, Anita Van Buren, supervised the inquiry.
The people of this city owe these officers a debt of gratitude.
It is the conclusion of this office, based on the particular circumstances of this crime, and the overwhelming evidence of guilt, that the death penalty, although very rarely sought in this county, is appropriate.
Lucy Dolan's murder was brutal, intentional, and pointless.
Our hearts go out to her loved ones.
Now I'll take your questions.
(REPORTERS CLAMORING) Mr.
Branch, I was just coming to see you.
You go on ahead.
What can I do for you, Lieutenant? I saw your news conference.
Yes.
I thought it went well.
Well, I understand all about PR, sir, but I think you may have gone just a bit overboard on this one.
To quote a great legal scholar, "So what?" The two nice ones carry the TV while the surly one does the shooting.
Any way you deal the cards, Lieutenant, it's your garden-variety felony murder, punishable by death in this state.
Besides, I'd think you'd favor this course of action.
You know what my problem is? If we fry Carton and Johnson, the next time my officers find themselves in a similar situation, the bad guys may just shoot to kill.
What the hell? They'd be facing the death penalty anyway.
You want to talk next time? What about the next time three punks hit a 7-Eleven? Do you want the two without the gun to get a pass, when their buddy blows the cashier's face off? That's not the message I wanna send for all the next times.
And in case you missed the obvious, I'm trying to save the career of one of your officers.
Maybe his isn't the only career being saved.
The Federal case could sway the jury in your murder trial, and we both know a D.
A.
Can't get re-elected in this city if he can't convict three men caught on tape leaving the scene with the victim's property in their arms.
You know, Lieutenant, in the end, a man's motives are secondary to his accomplishments.
That same great legal scholar? That's right.
Me.
I take it you don't care for the new D.
A.
's tactics on this one.
Do you? I think he's just flexing.
If it works, we'll be able to put Otum and his crew behind bars and keep Green on the street.
Anyway, the Commissioner, with no ifs, ands, or buts, said no one from my precinct could look into Green's case.
That's the drill, isn't it? See, the thing is, Briscoe said Otum had a neighbor across the hall who was kind of nosey when they first showed up.
And no one's talked to him? No one got the right answers.
SERENA: Why play games, Mr.
Franks? We both know you heard them announce themselves as police officers when they first arrived.
Maybe I did and maybe I didn't.
Who can say for sure? If you're afraid of Otum, we'll take care of you.
You think I don't read the papers? I know what happens to people who testify against gangsters.
Somehow their houses burn down, their kids disappear.
What the papers leave out is that I can be equally dangerous, Mr.
Franks.
I'll take my chances.
I used to date a CPA.
How nice for you.
Now, if you don't mind.
Sure.
Why talk now when we can finish this discussion in front of a Grand Jury? Look, I know enough law to know that you can't force me to testify.
That's right.
But I can cite you for contempt, and a contempt conviction in New York is a felony.
Did you know that? And with a felony on your record, I'm afraid you'll lose that accounting license, this nice office Mr.
Franks gave one hell of a deposition.
Turns out he heard Briscoe yell, "Police, don't move.
" Did the U.
S.
Attorney find him credible? He found, and I quote, "There were no grounds for charges against "the arresting officers.
" Which destroys Maynard's leverage.
I'll wait till morning to call him.
Let him try to sleep thinking his client is facing a lethal injection.
The sun coming up changes things? How? I thought we threatened capital punishment just to get some leverage of our own? We did.
Although, thanks to Serena, we didn't need it.
You should know, Arthur, I don't like being sandbagged by anyone.
Well, that's good.
For a minute I thought I was going to get an earful of morality.
Two of our defendants are being accused of their first felony.
For all we know, they didn't even realize Otum had a weapon.
Your point being? Putting somebody to death for stealing a television is reprehensible.
Ah, vox clamantis from the moral left.
With all due respect, I'm talking about constitutionality, or rather, the lack of it.
A death sentence for Carton or Johnson would be cruel and unusual punishment.
We threaten the death penalty every day to get one defendant to roll over on another.
Now, those threats become meaningless if we never actually use it.
Maybe the Governor of Illinois was right imposing a moratorium on capital punishment.
People do make mistakes.
Only it seems to me we've got enough evidence for two cases on this one.
The only thing we don't have is a busload of nuns as eyewitnesses.
I mean, am I wrong? Do we know these punks are guilty or don't we? They're guilty, but, Arthur, are you sure this is the best case for you to prove a point? You don't like to be sandbagged.
I don't like the race card thrown in my face.
Hey.
Well, you've got to admit, you're not the typical New York City District Attorney.
Twenty years here and still the carpetbagger.
My point is this decision may not sit that well with a large portion of the state.
You worry about the law.
I'll worry about the politics.
Is there anything else? It's political suicide, but it is his choice.
So we just go on our trigger-happy way until the next election? The man is a District Attorney, not Attila The Hun.
Every case will be judged on its own merits.
And this case? How often do we have the defendants on video, Serena? Or find a crime scene covered in fingerprints? Or the stolen goods in the defendant's apartment? How often is someone killed for a television set? To me, that pretty much defines "heinous.
" And if Maynard was right and Lucy Dolan was really a drug dealer? Maynard can't put any of her hypothetical clients on the stand, and there's no way he lets any of his defendants testify.
All in all, I don't think we have to worry about that.
Miss Dolan's apartment was dusted for fingerprints by the Crime Scene Unit.
JACK: The result? Mr.
Carton and Mr.
Johnson's prints were found on the coffee table, here.
Mr.
Otum's palm print on a surface behind the entertainment center.
Could you demonstrate how a palm print could come to be in that location? Uh, well, if you were removing a unit, uh, say, here.
JACK: That would be the plasma TV already marked as People's Three? That's correct, yeah.
Uh, anyway, from the center, you have to lean here to detach the cables, and so on.
Yes.
Thank you.
All of this to prove that the defendants were actually in Miss Dolan's apartment? Hell, we would have stipulated to that fact.
Mr.
Beck, does any of this prove that the television set was stolen? It was taken off the wall.
That wasn't my question.
No.
MAYNARD: That's all.
JUDGE: Anything else? Nothing, Judge.
Nothing on behalf of Mr.
Carton, Your Honor.
My daughter never gave me a moment's grief and she never harmed anyone in her life.
She was a kind, decent person.
She didn't deserve to die like that.
JACK: Nobody does.
Objection.
JUDGE: Sustained.
This is a courtroom, Mr.
McCoy, not an op-ed column.
Mrs.
Dolan, how often did you speak with Lucy? Oh, several times a week.
Did she ever mention a friend named Danny Otum? No.
Matt Carton? No.
Harry Johnson? No.
So, as far as you know, these men I just mentioned had no legitimate reason to be in her apartment? None that I know of.
Thank you.
Your daughter was hardworking? She tried, sir.
Very hard, yes.
But honestly, ma'am, she wasn't successful, as an actress, or singer, or comedian? It takes time.
Yes, it does.
Did you know that at the time of your daughter's death, Lucy owned approximately $50,000 worth of stereo equipment? Yes.
The police told me.
And did they tell you that she also owned a late-model BMW worth in the neighborhood of $60,000? Do you know what it's like to inherit from your daughter? I truly have sympathy for you, Mrs.
Dolan.
But could you please answer my question? Yes.
The police told me about the car.
MAYNARD: In her tax returns filed for the last three years, she shows no significant income.
She had no credit card, no bank account.
Do you have any idea how she bought those items? No.
People loved her.
Maybe someone Or maybe she was selling drugs.
Objection.
No foundation.
Withdrawn.
JACK: Your Honor.
Jury will disregard.
MAYNARD: Thank you for your honesty, Mrs.
Dolan.
I appreciate how difficult this has been.
JUDGE: Counselors? No questions for this witness.
Uh, not me, Your Honor.
Specifically, my field is forensic accounting.
I determine the worth of businesses, usually for purposes of litigation or matrimonial matters.
At my request, Mr.
Vavoulis, did you evaluate the worth of Lucy Dolan's enterprise? Again, no foundation.
Actually, I can help with that.
Let's hear what you've got.
This chart helps establish what we call a PBA, a "Pattern of Business Activity.
" The enormous volume of phone calls over the past five months is a clear indication of business activity.
And the underlying data was derived from Lucy Dolan's home phone? No.
It's a cellular phone.
But the same principles apply.
Go on.
When this phone activity is viewed in light of Miss Dolan's net worth, as determined by her tangible assets, such as automobiles, home furnishings, personal property I see not just a going concern, but a thriving one.
And could you determine what kind of business Miss Dolan was involved in? No.
But if I had to guess, based on the voluminous cell phone use and the hours of the incoming calls, I'd say it was something, perhaps, not legal.
MAYNARD: Drugs? Perhaps.
And have you ever analyzed a narcotics business before, Mr.
Vavoulis? Yes.
I've been hired by the FBI on several occasions.
And this fits the profile.
Could this pattern also apply to some other home business, such as, say, selling Tupperware? Yes.
JACK: Thank you.
Come on.
I'll buy you a drink.
Sure, why not start the celebration early? Why not relax after a long day in court? Fine.
You know, every Christmas, my father used to drag us to St.
Bartholomew's for midnight mass.
It was literally filled to the brim.
There's a lot of guilt that time of year.
But the thing that I remember most was the walk home after the service.
Rain or snow, it didn't matter, we still walked, and all the way home, the only thing I could think about was, "What's wrong with me? Why aren't I like all of those people who actually believe "the words that they're singing?" Maybe it was the eggnog your uncle Harry slipped you.
I'm being serious, Jack.
My point is, right now I'm more convinced than ever that this job would be a lot easier if I was one of those people from St.
Bart's.
At least then, making a decision about taking a man's life wouldn't be so excruciating.
Because there'd be a rule that the death penalty is always wrong.
A lot of people believe that.
Leaving only us heathens to struggle through the muck and mire of a world that's doused in gray.
What if we're wrong? Do Matt Carton and Harry Johnson deserve to die just because we can squeeze what they did into some statute? Yeah, mistakes.
I try not to make them.
But like they say at St.
Bart's, we're all sinners, so we all make mistakes.
That's why they have a judge and a defense attorney.
It ain't pretty, but I can live with it.
It's a copout.
Three black men caught on tape loading a plasma screen TV into an SUV.
They must be killers.
Three black men in the victim's apartment.
They must have been there to kill her.
That's the People's case.
They don't have a murder weapon.
They say they have a motive.
But do they? A room full of expensive equipment, and all that was taken was a television set.
The People's case is laughable.
They want you to ignore the fact that Lucy Dolan herself may have been dealing drugs.
They want you to forget the fact that no motive and no weapon should always leave us with no conviction.
The defense admits the defendants were at the scene of the crime.
They had to.
They had their fingerprints all over Lucy Dolan's walls.
The defense admits that the defendants carried Miss Dolan's television from her apartment at or near the time of her murder.
They had to.
We had them on video.
They can slander the victim as much as they like, with charts and graphs and assumptions, but where I come from, one plus one does not equal three.
Thank you for coming.
Why wouldn't we? The fact that you asked us here leads me to believe you're not all that confident.
Quite the opposite, Mr.
Hanft.
We're very confident.
We're trying to keep your clients alive.
JACK: The fact is, Danny Otum's ship is sinking.
Considering the time and the place in history, if your clients stay on board, they're looking at a lethal injection.
It's not worth rolling the dice.
We're just following our client's directions.
And what law schools did they go to? The ones that tell them innocent people don't get convicted.
You actually believe them? No.
But it's not my decision to make.
That's right.
Mr.
Maynard is running the show.
We're done.
Has the jury reached a verdict? FOREPERSON: We have, Your Honor.
As to defendant Harry Johnson, we find him guilty of murder in the first degree.
As to defendant Matthew Carton, guilty of murder in the first degree.
As to defendant Daniel Otum, guilty of murder in the first degree.
JUDGE: So say you all? Yes, Judge.
JUDGE: The jury is temporarily excused.
The sentencing phase of the proceedings to commence a week from today.
(GAVEL BANGS) MRS.
CARTON: Matthew! (MRS.
CARTON SOBBING) Congratulations.
Matthew.
You're the one who said that this case was a slam dunk.
Why are you working overtime on sentencing? What did that forensic accountant say about Dolan's incoming phone activity? That it was an enormous volume.
Why? Common sense says it should have stayed roughly the same at first, tapering off as word got out that Lucy was no longer in business.
Look at this here in her phone records.
Whoever this is called once every couple of days for months.
But he never once called after she was murdered.
He knew she was dead.
Call Van Buren.
BORGES: It's open, Frankie.
Ernest Borges? I don't like surprises.
Well, you're gonna hate this one.
Get up.
Ernest Borges, you're under arrest for, among other things, the murder of Lucy Dolan.
You have the right to remain silent.
Anything you say can and will be held against you in a court of law.
Ballistics came back on the gun from Borges' apartment.
It's the murder weapon.
His lawyer's already itching for a sit-down.
And we can't find a connection between Borges and Otum, Carton, or Johnson.
You've filed the appropriate papers for their release? In the works.
Maynard was so busy slandering Lucy Dolan, he forgot to do his homework.
Truth is, I always thought either Carton or Johnson would roll on Otum.
Are you saying that all of this was part of Trial Tricks 102? That, or a big, juicy mea culpa.
All three of them should put Serena on their Christmas card lists.
I just wish that there was a way to prevent all of this from happening again.
There is.
Move to Illinois.
I think he's pulling your leg, Serena.
You know, this whole affair makes you think twice.
About the death penalty? About where to buy you a steak.
Come on.
We'll split a cab.
No, I'll walk.