Law & Order: Criminal Intent (2001) s02e04 Episode Script

Best Defense

In New York City's war on crime, the worst criminal offenders are pursued by the detectives of the Major Case Squad.
These are their stories.
Sir, everything all right? Yes, sure, Officer, I'm fine.
Peter Bonham.
New York District Attorney's office.
We're here to interview a witness.
Where's your witness? He's a no-show.
You gentlemen be careful.
Yes, sir.
Now can we go? - Too bad he didn't show up.
- Hmm.
He was probably scared off.
I should've gone by myself.
I could've put three more burglary raps on Walters.
Peter, do you need a feather in your cap that badly? Excuse me.
Hello? Yes, who's this? What? Oh, my God.
Well, where How is Yes, yes, yes, I'm writing it down.
I will.
Did you call 911? I'll be there.
Just, please, call 911.
It's Linda.
- They said she passed out.
- Where? Some tenement uptown, she was meeting a pro bono client, they can't wake her.
They found my number in her wallet.
They called you before they called 911? It doesn't sound right.
You should try calling her on your cell phone.
Linda? Oh, thank God.
Where are you? I'll explain later.
I'll see you at home.
She was having lunch at Chanterelle.
That is really weird.
Maybe not.
What are you talking about? The phantom witness.
Now this phone call.
No.
No.
It's just probably some stupid prank.
Who do you think is doing this? Someone you prosecuted? Maybe it was one of your old clients, maybe they feel you didn't argue their case with enough zeal? Mommy? Mommy, I made you a drawing.
Oh, sweetie, that is beautiful! It's your office, Mommy.
And that's me.
Can you draw a picture with you in Daddy's office? No.
Your office is yucky.
Well, Sara, if you draw me a nice picture, I'll put it in my office and then it won't be so yucky.
Okay.
Mommy, come help me.
Okay.
The seats are right behind the dugout.
Linda's at a trial attorney's convention in San Francisco that week.
I have to be with Sara.
Ah, just bring her.
You know, you could stuff her full of hot dogs.
I'll see you tomorrow.
Shut up, you do.
Mr.
Bonham, what happened? Are you okay? Yeah, yeah.
The brakes, I couldn't stop.
You said the brakes? Yeah.
I kept pressing down but nothing happened.
What are you doing? I know something about cars.
No wonder your brakes didn't work.
Somebody punched a hole in your brake line.
Law & Order CI The lines had been perforated so the brakes would go out on your way home.
I take the FDR home.
I could've been killed.
Do you drive your car to work every day? Oh, just Wednesdays.
I pick up my daughter at her swimming lessons.
I take her out for Chinese food.
Did you trace the address of that tenement uptown? It was an abandoned building.
I can't believe Ron, if you hadn't told me to call Linda on her cell phone, I The no-show witness, who did he have information on? Eric Walters.
Walters is looking at two-to-four on a simple burglary.
Until we know what's what, I'd like to post a patrol car in front of your home.
No.
I don't want to alarm my family.
Anyway, Linda's out of town this week in San Francisco.
I'll send Sara to stay with her grandmother.
That still leaves you.
I have a carry permit for it.
I do not intend to be a sitting duck.
His list of cases, larcenies, fraud, possession.
All low-profile nonviolent crimes.
I take it he's not one of your starters.
Peter may not be the most brilliant prosecutor in our office, but right now he's the one in the most danger.
Let me know what you find out.
Rikers Island Correctional Facility Thursday, April 18 I got no beef with Mr.
Bonham.
He's got his job and I got mine.
What's that, burglary, accessory to murder? I don't get with no murder.
Someone used your name to lure Bonham to a phony meeting at Hunts Point.
That's like saying somebody picked his name out of a phone book.
Hey, man, Mr.
Bonham gets killed, I don't see it helps my case.
Does it? Eric, be quiet.
It was nice talking to you.
I wonder how many other inmates have asked the same question.
If a prosecutor dies during a case? No inmate's asked for information on that specific question.
What about the legal issues it would raise? Most likely the right to a speedy trial.
A Sixth Amendment issue.
Everybody here wants to know about the Sixth Amendment.
Big caseload, Counselor? I'm just working on my own case.
Really? You were charged with rape? You're researching People v.
Williams.
That's all about a defendant's access to a victim's sexual history.
What do you want, Detective? Have any inmates asked you about the legal impact of a prosecutor's untimely death? That would be privileged information.
There's no privilege for jailhouse lawyers.
I can make the argument there is if the client had an expectation his communications with me would remain confidential.
Oh, brother.
No, actually, Eames, he has a very good point.
But in this case, rule 1.
6 of the ABA Code of Conduct would apply.
Even if the client told me of an impending crime, the code doesn't impose any affirmative obligation on me.
It's my call.
And the code also says a lawyer must refrain from morally reprehensible conduct.
Since you have discretion to breach the privilege, not doing so when a life is at stake is morally reprehensible.
Artie Kahn.
He made bail last week.
You called my lawyer, right? We talked to your other lawyer.
Other lawyer? The one in Rikers.
The one you told you were going to whack your prosecutor, Peter Bonham.
I never told him that.
I just asked what would happen if Bonham up and died.
And you said it just like that, out of intellectual curiosity? Yeah, out of that.
It just so happens, somebody's been trying to kill Bonham.
They cut the brakes on his car.
- No way.
- Yeah.
Whoever did this would've gotten brake fluid on their hands.
Brake fluid leaves a residue.
No matter how much you wash, - you can't get it off.
- You can't see it either.
You know what this is? It's a towelette thing.
It's a special towelette thing.
It has a liquid on it that reacts with brake fluid residue.
If you have any brake fluid residue on your hands, it shows up.
Go ahead, Artie.
Wipe your hands.
I didn't cut no brake line.
Then why the questions about Bonham dropping dead? Because two weeks ago I was at Rikers, on the phone, and there was a guy on the phone next to me, talking about Bonham having an accident.
Is it this guy? I didn't really look, you know.
I had my back to the guy.
You were listening.
What did he say, his exact words? He was gonna pay good money for Bonham to have an accident.
A permanent accident.
Did you know that they're shooting chicken eggs through a shower head, boiling it, mixing it with sea brine and calling it caviar? Hello, everybody? Ah, our dedicated civil servant.
Honey, the play starts in 45 minutes.
I'll just change shirts.
Oh, a Detective Goren called you.
He said he tried you at the office, but you had already left.
I'll call him tomorrow.
Something wrong? Well, I can't find the Pomerol.
I asked you to bring it up this morning.
I thought you said any old Merlot.
Could you be a sweetheart and get it from the cellar? - Sure.
- Okay.
We found the best place to buy caviar.
In Istanbul.
Have you been? No.
We're always wanting to travel, but with Peter's busy schedule I came down to get a bottle of wine.
I was about to turn the corner when I heard a noise.
He shot at me.
I I shot back.
He was trying to kill me.
There's one round missing.
Serial number's been filed off.
I got burglary tools in here.
Lock-pick set, diamond chisels, cordless drill, the guy was trying to make it look like a burglary gone bad.
This is what we're supposed to think he was after.
Gary Burke.
Work ID.
Bartender downtown.
He's gonna be late.
Burke was feeling lucky.
Stopped by the OTB this afternoon.
Must be a couple grand's worth of bets here.
Check the locks for lubricant.
Both sides of the door.
Yes, sir.
Just covering all the bases.
Do you use the basement door often? No.
I think the lock's rusted.
Oh, well, it's working fine now.
Well, of course it's working.
This man's a burglar.
He knows how to open locks.
Why assume he's a burglar? Well, he came for the safe.
Didn't you see it? We did.
What do you keep in there? Nothing.
It came with the house.
We only lock it because of Sara.
Well, how would a burglar know about it? Oh, we've had workers down there.
They always ask about it.
But you don't think it was a burglary.
No, but he brought burglary tools with him, maybe to help with the cover story.
Cover story? What do you mean? We have an ID on the intruder.
Gary Burke.
Either of you ever seen him before? No.
/ You ever prosecute him? He has a long rap sheet, muggings, drug possession.
No burglary.
No, I don't recognize him.
You didn't answer my question.
What's going on here? Someone's put a contract out on your husband's life.
You can't be serious! The phone call, the car, it's all It's all part of it.
Oh, my God, Peter.
But he's okay now, right? I mean, he's safe.
It depends on how determined this person is.
And we have no way of knowing that.
Home of Gary Burke Queens, New York Friday, April 19 Mr.
Sanchez, what are they doing here? They're cops.
Lori lives here with Gary.
Where's Gary? He's gotten himself into trouble.
What trouble? The trouble somebody gave him a lot of money to get into.
I don't know about any money.
The two grand he spent at the OTB? The three grand you spent on new dresses, new shoes, new handbags.
Gary saved up his bar tips.
You're really good at keeping secrets.
Me, I just run off at the mouth.
For example, I'll probably tell Gary that you were out all evening.
Gary knows I was with my friends.
Look at your hair.
It looks like you just walked out of the shower.
I know I'm gonna say something to Gary about your hair.
I went to the gym.
I took a shower there.
Really? They let you smoke cigars at the gym? Because you smell like cigar smoke! I know I'll just blurt that out to Gary.
Gee, Lori, thanks to my partner's big mouth, Gary might get the impression you're fooling around with some guy who smokes cigars and lets you use his shower.
Please, don't tell him that.
He'll hit me.
Okay.
Let's go from the top.
Where did the money come from? I don't know.
Gary got a lot of calls from this buddy of his in prison.
JoJo Martinez.
Please, you can't tell Gary I said anything.
I don't think you have to worry about Gary anymore.
Gary Burke was apprehended while trying to shoot one of my colleagues, Peter Bonham.
Mr.
Burke hasn't yet decided to cooperate with us, but we'd like to give your client first crack at a plea.
A plea? Why? You think he's involved? Yes, we do.
Of course, if he'd rather wait for Mr.
Burke to implicate him Give me a minute to talk to my client Vince, shut up.
They're playing you.
Gary Burke is dead.
How do you know that? PNN, Prison News Network.
That's the same place we get our news from.
Yeah.
One of their reporters heard you on the phone a couple of weeks ago putting out a contract on Bonham.
Screw that.
Why would I want to hurt that man? Because he's about to put you away for life? You're facing your third felony drug conviction.
Bonham told us he turned you down for a plea bargain.
That's hardly a motive for murder.
I don't need to kill this DA to beat this rap.
JoJo, let me handle Don't "JoJo" me.
- The hell with all of you.
- That's a nice What you're wearing.
I mean, where'd you get that from? Is that from Peru? What do they call that? A serap A serape.
No, it's a S-s-s- Sweater.
It's a sweater.
Right.
Somebody make that for you? I was reviewing Mr.
Martinez's case file, and I noticed you missed a filing deadline on a motion to suppress drug evidence.
He specifically asked me not to file it.
- And why would he do that? - I don't know.
I tried to talk to his mother about it.
What does she have to do with it? She's paying his legal bills.
Or I should say, she was.
She stopped three weeks ago.
But I still have to do what Martinez says.
It sounds like JoJo's getting ready to cut him loose.
That only makes sense if he's trading up for a better lawyer.
Better lawyers cost more than $200 a week.
It begs the question where is Mr.
Martinez getting the money to pay for better representation? Same place Gary Burke got his money? JoJo's mom might know.
I don't know anything about a new lawyer.
I just do what my son tells me.
He asked you to stop paying Mr.
Quitoriano? I just got behind, that's all.
You made JoJo's sweater.
He was wearing it when we were talking to him.
It's a nice-looking sweater.
This one's even more stunning.
Eames, look at the sleeve.
This raglan sleeve is laid in so effortlessly.
Under the seam, at the armpit, it's like a little pouch? I see it.
You can hide something in there.
Hmm, and there's another one in this sleeve.
Just big enough for messages, money, drugs.
You don't tell us the truth, you could have your visiting privileges revoked.
Please, it was just messages.
What was in those messages? Were they about the new lawyer? I don't look.
But JoJo did get a new lawyer.
How is he paying for it? He said it wouldn't cost anything.
That the lawyer would work for free.
He said she's the best.
The new lawyer's a woman.
What's her name? I don't know.
JoJo said she can fix everything when she gets back from California.
All right, Mrs.
Martinez.
Thank you.
And no more sweaters, okay? Bonham's wife was supposed to be in San Francisco next week.
JoJo's new lawyer.
JoJo's payback for having her husband killed.
Talk about pro bono.
Oh, hi, sweetheart.
I didn't know you knew Alfonzo.
John? Just from court.
He was just asking me about the shooting, so Oh.
I have a hearing in an hour.
Do you wanna get lunch? Peter, can I talk to you? The police suspect Martinez is connected to this attempt on your life.
Their suspicions are completely without merit, of course, but, regardless, I want you to recuse yourself from Martinez's drug case.
That's not necessary.
I can remain objective.
Who are you kidding? They think he tried to have you killed.
Linda, could you explain to your husband why he should Don't talk to her! You wanna have me relieved, make an application.
Unless a judge tells me, I am not stepping down.
Peter, I don't think that he was being unreasonable.
Can we just get lunch? I can't, actually, I have a deposition at 1:00.
So, I'll see you tonight.
Linda Bonham's involvement would explain how Gary Burke got into their house using a door with a rusted lock.
Not to mention, she was working hard to sell the burglary cover story.
She's one of the most respected trial attorneys in the city.
She is married to a second-rate prosecutor.
She may be ready to trade up to something better.
That's what divorces are for.
She's the bread-winner, she'd end up paying him alimony.
Until you present me with incontrovertible proof that she's involved, I will not be applying for warrants, issuing subpoenas nor presenting evidence to a grand jury.
I will not embarrass Peter Bonham.
Home of Jerry & Allison Selwyn Wednesday, April 24 So, Linda sent poor Peter down to the cellar to fetch the Pomerol and that's when the bullets started flying.
It was her idea to send him down there? Yes.
How well did you know the Bonhams? Oh, not well.
I met Linda at a brunch.
We had common interests.
Linda Bonham's interest is in the fact that Allison's sister is on the board of the Canterbury School.
She's trying to get her daughter admitted.
I already told her they live far too east of Park Avenue to stand a chance of being admitted.
Being partner in her law firm doesn't count for anything? Well, some law partnerships are forged in the courtroom, some in the boardroom And the bedroom? Oh, Jerry, knock it off.
Oh, no, please, my partner loves rumor and innuendo.
Don't take my word for it.
Ask Rodney Brooks.
He's a litigator at Linda's old law firm, and I'm told that he was one of her stepping stones two years ago.
I was a jerk, okay? Linda had just moved to a new firm and made partner.
People were envious, they were taking shots at her She slept her way to the top, that sort of thing? Right.
So, one night at the cigar club, I don't know, I had one Gibson too many, I made up a story.
You know, like I said, I was a jerk.
Linda's successful because she is smart and ambitious.
Okay? You handle civil lawsuits, right? Ms.
Bonham ever work with you? Sometimes.
She's good at prepping witnesses.
I work mostly with expert witnesses.
But ordinary citizens who've never been on the stand before, Linda was the best.
You ever work with a witness named JoJo Martinez? I wouldn't remember.
He stuttered.
That rings a bell.
Sure, about four years ago, a landlord-tenant suit.
I don't remember the guy's name, but Linda helped him get over his stutter.
Could you dig up a file on him by tomorrow? - We could send someone over.
- Oh, sure.
Martinez's hesitation before words starting with the letter "S"? It's the mark of a former stutterer.
That's his name on the witness list for the lawsuit.
That's how he knows Ms.
Bonham.
That's how she came to hire him to kill her husband in return for money and future legal representation.
The floor is yours, Mr.
Quitoriano.
You send me an offer in writing, my client will make a statement.
I'm sure it's just routine.
You know how the police They questioned our friends, my colleagues, they're trading in gossip, it's humiliating.
If you weren't one of the best defense attorneys in the city, they wouldn't be doing this to you.
They're doing it to you, too, Peter.
Your own people! I doubt the DA's office is even aware that Is Ms.
Bonham home? What do you want? Linda Bonham, we have a warrant for your arrest.
What? What possible grounds could you have? I wanna see the warrant.
Put your hands behind your back, please.
For God's sake, is that necessary? It's for her own protection.
Peter, it doesn't matter.
Just call Bill Stanton, tell him what's happening, and tell Sara that I am at work.
She'll be at the Major Case Squad.
You're insane to think that I would ever hurt Peter.
The insanity is you thinking you'd get away with it.
But I have no motive! I'm sure we'll find it, maybe in one of these.
All your electronic gizmos.
Maybe we'll find a boyfriend's number or a message that you forgot to delete.
You know what confounds me? With all these gizmos, people still think they can get away with murder.
What's more confounding is sometimes they do.
Your phone has a display for caller ID? Yes.
When you get a call, you check the display before answering it? Yes.
I don't understand what You screen your calls.
Excuse us a minute.
Peter Bonham got a call that his wife had passed out, the call to lure him to the abandoned building.
He called her to see if she was all right.
He called her on her cell phone.
His number would've been displayed on her phone.
She would've seen it was him calling.
If she was really involved in a scheme to lure him to his death She wouldn't have answered her phone.
That's right, she wouldn't.
But she did.
Because she didn't know about any scheme.
It's him.
He's framing her.
He wants to get rid of her.
Divorce is out of the question, he wouldn't get a dime.
And he can't have her killed, he'd be the obvious suspect.
But he can send her to jail for life.
So far it's working, all the evidence points to her.
It won't be easy to get him.
He can't know we're on to him.
Martinez said he got $20,000 to arrange the hit on Peter Bonham.
We just wanna trace it to Linda Bonham.
Just dotting all the "I's.
" Let me know what you come up with.
How long are we keeping him in the dark? Until we have an incontrovertible case against Peter Bonham.
Starting with tracing the 20,000 back to him.
I'm just finding the usual checks, groceries, mortgage, doctor.
Which doctor? A Dr.
David Kipper on Park Avenue.
He was writing him checks every month.
Yeah.
I've got 11 charges on Bonham's credit card to Kipper in the last year.
Look at the deposits made to the Bonham's account.
Just the same amount every couple of weeks.
Probably paychecks.
Bonham's covered under the same city medical plan we are.
He pays the doctor, the insurance company sends him a reimbursement check.
Well, there's no record he deposited those checks.
She's finally asleep.
Maybe we should have her stay up at my mother's.
I'm worried that she'll hear things at her school.
It's pre-school, Linda.
They talk about Sponge Bob, not stuff like this.
Peter, if you want me to sleep in the guest room, I'll understand.
No, no.
Don't be silly.
Sweetheart, I need to tell you this.
I have never cheated on you.
Never.
You know that, don't you? Sure, of course.
And the police said that I was ashamed of you.
I mean, that's just not true.
I have always admired you for what you do.
You don't have to say anything.
And when I made partner, I was happy for us, it just meant that our life would be better.
And Sara's.
The insurance company says two years ago Bonham stopped depositing the reimbursement checks and started just cashing them.
He's been hoarding the money.
- How much are we talking about? - About $25,000.
All from routine doctor's visits, check-ups, little aches and pains.
He's used his insurance money to build a war chest to frame his wife.
Two years ago Bonham won a conviction over George Kolinsky for a drug case.
Kolinsky got 20 years.
Hired a new lawyer and appealed.
The conviction was overturned, most of the charges were set aside.
Kolinsky ended up serving a year.
- All thanks to his new lawyer.
- Linda Bonham.
The guy's a prosecutor.
He knows losing a case is part of the game.
There's losing.
And then there's losing to your wife.
And then there's getting your balls handed to you on a platter.
His wife had just made partner, there were rumors of infidelities.
The guy stayed with her for two years, sleeping in the same bed, just waiting for payback? This guy's a poster boy for passive-aggressive personality disorder.
He doesn't confront his wife, he doesn't argue with her, he doesn't contradict her.
Instead he uses us, the police, the DA's office to nail her.
It's time we let Mr.
Carver know he's prosecuting the wrong person.
We can't tell him without Bonham finding out.
You want me to keep Carver out of the loop? Okay.
We'll tell him when we're ready.
Any idea when that will be? Bonham's done a great job of burying his wife.
There is someone who might be able to help us dig her out.
JoJo Martinez.
My client laid everything out in his statement.
He called Miss Bonham twice.
That's when she told him what she wanted.
She sent the money to his mother, and Gary Burke collected his share from Mrs.
Martinez.
How did you know when to call Miss Bonham? She s-s-sent the notes to my mother with the phone number and when to call.
The notes your mother sewed into the sweaters? My mother didn't know what was going down.
The number you called, you still have it? No.
It was different numbers both times.
C-c-cell phone numbers.
How did you know it was Ms.
Bonham that you were talking to? I mean, did you recognize her voice? No.
She just s-s-said who she was.
And it was the same lady both times? I guess.
I don't know.
The s-s-second time she called she said she had a cold.
Was there any chit-chat or just business? Just business.
She told me what she wanted me to do and that was that.
The numbers he called were probably prepaid cell phones.
Untraceable.
And the woman he talked to? Most likely two different women.
Most likely prostitutes Bonham hired for the occasion.
The times the calls were made corresponded to times when Linda Bonham was home alone.
With no verifiable alibi.
Bonham thought of everything.
What's that? It's Martinez's statement.
I'm improving it.
Three calls? Didn't you just tell me Martinez made two calls? Well, now he's made three.
I need to get this re-typed.
Don't expect me to beg for a plea bargain for something that I didn't do! Miss Bonham, I'm offering this out of consideration I'm innocent.
I know you hear it from defendants all the time, but I am innocent.
We have Mr.
Martinez's statement.
He says he talked to you.
It's just not true.
Let's show her the statement.
It's on the second page when he talks about the phone calls.
He lists the calls, date and time.
If there's anyone who can verify you didn't get the calls, tell us.
Well, these first two, I might have been alone.
But this third one, I remember this Sunday, I was with Peter.
We went to Connecticut for a drive.
- You sure? - Yes, yes.
We talked about getting a summer rental.
We even got lobster rolls at a food stand.
Ask Peter.
I did not get a phone call.
This whole thing is a pack of lies.
Well, we'll certainly look into it, Ms.
Bonham.
Why not ask Peter right now? Yes, ask him! Please, just ask him.
It's Ron.
Could you come down to the office? Yeah, thank you.
This date here.
It's a Sunday.
That's one of the times Martinez said he talked to your wife.
Do you remember where you were that afternoon? I was with Sara in Central Park.
With Linda? No.
She stayed home.
So, you weren't in Connecticut? Peter, don't you remember? We stopped to eat right outside of Guilford.
Ms.
Bonham, I'm sorry.
Peter, what's the matter? You have to remember.
- Linda, let's go.
- No.
- Peter.
- Linda, please.
We dug for clams with Sara.
Oh, my God, no, you You son of a bitch, you That's enough, Linda.
Oh, my God! How could you? I need to Now she knows.
She knows it was you.
What's he talking about? What are you talking about, Detective? Well, you just couldn't resist.
Resist what? Letting his wife know that he's the one who framed her.
What? That's not true.
Martinez never said that he called your wife that Sunday.
That was me.
I revised the statement.
The truth is, is Linda was in Connecticut with you.
Not only did you stop for food, you stopped for gas.
$12 worth.
It's right here on his credit card bill.
Maybe you forgot.
Maybe you didn't.
But you could either confirm your wife's alibi or confirm Martinez's statement.
It's a tough choice.
Oh, I see.
It was brilliant, Peter.
You put that little wife of yours in her place.
Her and her big salary, her successful law practice.
All the things that she accomplished with no regard for you, for your Your feelings.
When she took the Kolinsky appeal, how did she rationalize it? Did she tell you that there were important constitutional issues at stake? And when she beat you, did she go "Aw, shucks, honey, it's not personal.
" Who was she kidding? It was personal.
She crushed you.
And not in the privacy of your own home but in a courtroom.
In front of your colleagues, in front of the whole legal community.
Not only that, it's on the damn record.
There.
Where law students, lawyers, judges, your friends and neighbors can read about it from now until eternity.
Everyone knew.
Everyone.
They would look at her and then they look at me.
My own daughter looks at me like I'm some kind of a joke.
Well, you showed her, didn't you? Peter Bonham, you're under arrest for murder.
How long had you suspected? Only a few days.
We couldn't take the risk of him finding out.
Please, no explanations.
I've got to first deal with Peter Bonham.
But I will get back to you, Detective.
He'll get over it.
Just like Peter Bonham.

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