Mr. Good: Cop or Crook? (2022) s01e04 Episode Script

The Fall

1 A NETFLIX DOCUMENTARY SERIES An Oslo police commander has been arrested in connection with a large drug case. I was pretty happy when I saw Jensen get arrested, actually. Because it was a little like, "I told you so." I've been inside for a while because of Eirik Jensen. DRUG DROP I fell for it, didn't I? TEN ARRESTED LAST NIGH Hook, line and sinker. It's just that what they're doing is so goddamn illegal. JENSEN GOT ME FALSELY CONVICTED To try to get rid of me. So what do I think about Jensen? No, I don't know what I think of him. He's never been free. He's always been a slave to his bosses. They boosted the little confidence he had. In the end he, thought he was a tough guy, with a ponytail and his own Harley. But it was all a bluff. Right? He was a bandit. Easy for me to see a bandit. I've been a goddamn criminal my whole life. The only way I can possibly contribute to making our society a little better is to reveal the truth of what actually happened. I'm not saying that what we did was that great, but it was fucking nothing in comparison to them. EIRIK JENSEN, THE ENIGMA It's time for soul-searching for the Norwegian police after today's historic verdict in the Oslo District Court. The court barely believed a word the former police commander Eirik Jensen said, and he was sentenced to the harshest penalty under the law, 21 years in prison. EIRIK JENSEN'S GIRLFRIEND RAGNA LISE VIKRE For me, after we had finished in the district court and he had got this verdict, we descended into a kind of apathy. We were both so sad, and we just sat there holding hands. And Eirik cried a bit, and I remember he said, "I feel like I've dragged you and Mum and Nina into the mud." It was total chaos, and then he called me, and he cried and was completely beside himself, and, oh my God, that conversation was horrible. It's unbelievable. Of course. Of course it upsets you, but you can't think about it all the time. You'd it's impossible. And we, of course, thought how will this turn out going forward for him? Because something could easily happen, because he has been really down before. That he would choose to take his own life. I was mentally exhausted after the court's verdict. Because it doesn't just affect me. It affects the entire family and those close to me. So it was a really shitty experience. It was, of course, decided that we were going to appeal, and we understood that there would be another round in court. Then I thought that we can't just sit back. I remember deciding to ask Eirik to get the documents. So that I could at least read them and try to get up to speed. He was a little sceptical. "It's too complex" and this and that. I felt sick when I saw the time lines, and I went to bed. Then my girlfriend got out the reading glasses and a magnifying glass. It was an unbelievably complex case. How am I supposed to be able to understand this material? I don't have an investigational background. I'm just a painter. But I sort of became like a detective. And I eventually found the time lines to be of interest. Then one night, all of a sudden, I see that something is simply not right. The messages from Eirik to Gjermund Cappelen, that allegedly were supposed to reassure Cappelen do not match the times of when the hash came in. IMPORT FROM THE NETHERLANDS 440 LBS. HASHISH IT'S SAFE WITH THE RIGHT SPF. BACK AT WORK MONDAY TWO DAYS AFTER THE IMPOR Then I thought, "What function do these messages serve?" Or even Eirik's role in this, when he was sending reassuring messages maybe a week after the hash arrived? When I discover this, I go upstairs and wake up Eirik. Completely euphoric. Yes, and then she says, "You have to look. Look here, Eirik." "This isn't correct. It's not correct!" And that's what I've been saying this entire time. That it's a damn lie! And that's when I went from a defensive, down, tired person to one that's, "Okay." "I'll bring back my old self and start fighting." THE APPEAL It'll be exciting. We are well-prepared. What will it take for you to be satisfied? A good result. - Full acquittal? - Yes, of course. Eirik will go in and fight for his life. Eirik wasn't in bad shape in the district court. I see that he's considerably better now. I see a very different Eirik Jensen now. What's it like seeing Eirik Jensen again today? I'm sure you can imagine. Yes. Attorney Elden will now address the court. Please. When the trial starts and you hear Jensen's statement, please remember that everyone is innocent until proven guilty. That is the only starting point you should have when the first evidence in the trial is presented. Eirik Jensen, with the help of his partner Ragna, had gone through all the documents. Jensen and his defence attorneys had therefore created their own time lines at the start of the appeal trial. SWEDEN NORWAY There is almost nothing in the court documents that show anything about where the hash came from, when it was smuggled, how it was smuggled. And that should make you think twice. That he's supposed to have smuggled such a large amount of drugs over such a long period of time with Jensen's help, without a trace of evidence. It became pretty clear that there was no connection between the smuggling that Cappelen claims happened and Jensen's phone messages. May 11, 2010, at 7:33 a.m., Jensen messages Cappelen, "Yes, sunshine." If you then look at the time line for these days, you'll see that nothing risky is happening in the network. The sunshine messages were an "all-clear" to Cappelen, in regard to his informant activities, of course. Cappelen is not to be exposed by the person under surveillance or by anyone being wiretapped. It's my job to make sure that the informant is never exposed. Not on film, not on tape. What's risky about this is that he could get caught up in the aftermath. And then you can't save him. And that doesn't benefit anyone. He has had one bad experience, which means he's done being an informant. It's my job to make sure that the coast is clear. That's when I can send "the sun is shining." What's not in the message is what they are regarding. That is something only Cappelen and I know. Eirik Jensen doesn't need to fully convince the judges of his story. The aim of the new time lines is to sow doubt. And if the court has any doubt, then they must acquit. We had prepared for the court of appeal. Now they would hear my version of the truth. So we were very optimistic at that point that we would achieve a better result than in the district court. But then Elden tells me, "What you have to be prepared for is to get slammed in your face." "They'll try to say that you gave Cappelen the impression that you had his back." "That's the prosecution's escape strategy." The central question in our case is whether Jensen is guilty of complicity of smuggling. Complicity can be physical or psychological, as we usually put it. But in our case, it's psychological complicity that applies. Cappelen is mainly concerned with ensuring that it was safe when the goods arrived. "Yes, could Jensen even do all the things he said he could?" "Or did he actually do them?" That's not necessarily conclusive. What is conclusive is that Cappelen believed he could. He believed everything was safe and in order. That he could bring in the hash. It's not a requirement that Jensen should be available from when the load is approaching the border to when it's received. And it's also not a requirement that he sends a reassuring message before or right after the drugs cross the border. To name a few examples Attorney Katralen mentioned in her proceedings. The first round, it was almost like Eirik was working the border with Cappelen. Following the transport and running in and out of customs and police stations, that he was very much actively involved. Now it's that Cappelen knew that Eirik had his back if anything should happen. What is he actually psychologically complicit in? That Cappelen knew him? Had access to him? Was able to call him? How are you supposed to defend yourself as an informant handler, when your informant possibly feels like you're protecting him? When he had enforcers after him, I took care of it. When he was spaced out on on drugs, I took care of it. Threats against his family, I took care of it. So of course Cappelen felt safe, and and I had his back. But that I am complicit in Cappelen's drug smuggling to Norway? That's a lie. GJERMUND CAPPELEN'S FRIEND We did talk a little about the operation, and I told him, "You will get caught." But then he answered, "I can't get caught." Then he explained that he knew a cop, one of those "cool cops," he said. And then he started referring to this "cool cop" by name, and he repeated the name multiple times, and it was Eirik. POLICE The chief of the narcotics division was working with Gjermund. And that was too much for a regular hardworking guy like me. "This surpasses what you see in the movies," I remember thinking. NORWEGIAN LAW Cappelen and Jensen got along quite easily. Cappelen had been a street kid for a while. Jensen had too. Wandered the streets. Knew the criminals. They were pretty similar, which means they could benefit a lot from each other. And I think their attitude towards money and things of that nature were also pretty similar. The way he was portrayed in court was really far removed from the person I'd come to know. Eirik has never been "Let's buy the most expensive wine. Let's get champagne." Never. Never any nightclubs and living the high life or expensive suits or Often the same clothes for many years. He lives a very simple life, in a way. Maybe someone in the police with the simplest of lifestyles, in relation to his position. Throughout the trial, Cappelen has been consistent in his story about paying Jensen 500 kroner per kilo of hash. And that Jensen did the books and had full insight, and that he received all the money he was supposed to. And Cappelen estimates this to be several tens of millions of kroner. 2 PER 13.90 KR/PER What they managed to come up with after re-examining that 20-year period when he knew Cappelen was a theory by Internal Affairs that Jensen had approximately one and a half million kroner too much. That's such a small amount that not even the tax authorities would find it interesting. It does not form a basis for criminal activity. These enormous amounts Gjermund Cappelen claims to have given Eirik Jensen have yet to be found by the police. It's completely possible that Eirik Jensen has a secret gambling problem or that 12 million kroner is buried in a Swedish forest. But the police never found any money, and that's not for a lack of trying. JANUARY 2019 At one p.m. today, the jury in the Eirik Jensen case started deliberations to reach a verdict. Will they answer yes or no to whether Eirik Jensen is guilty of complicity in the smuggling of drugs, and has he been a corrupt policeman? How many times did Jensen assist in the smuggling? None. How much money did he receive from Cappelen? None. They need to use common sense and draw the conclusion they think is right. IMPORT OF APPROX. 880 LBS. OF HASHISH VERY EARLY BREAKFAS 6 DAYS LATER Good afternoon, welcome to the twelve o'clock news. In just one hour, the jury will deliver their verdict in the case against Eirik Jensen. Received word that Eirik Jensen is much closer Thanks, thank you. We're done now. Okay? The jury took an unusually long time to reach a verdict. They were tough days. The jury took three times longer than any other jury in Norwegian history. But we have no idea what they will decide. I had a positive feeling because I studied the members of the jury to see who was engaged or not. During my statement, I explained how this fits together from my point of view. Then I see a few positive signals from some of them. And then you get hope that some of them did understand something. The jury will now answer yes or no to the written questions listed. The list includes two main questions. The first question is in regard to complicity in the smuggling of narcotics. The second question is in regard to corruption. FOREMAN OF THE JURY ANNSTEIN GARNES Firstly I'd like to say we, the jury, on our honour and conscience, have given the following answers to the listed questions. Question one, no. Question three. Yes, with more than six votes. The verdict is valid. And the court will now retire to consider the jury's ruling. The first thing he answered was no to complicity in smuggling drugs. I was so happy that I, uh, can't even describe it. This is definitely a huge victory for Eirik Jensen. To only be convicted of gross corruption suggests a sentence of maybe eight years in prison, release after two-thirds and enjoying his retirement after that. You could say that the defence's new strategy was successful by aggressively attacking the time lines. And if Jensen is to be believed, all of this started with him and his partner sitting at the kitchen table, looking for mistakes in the time lines. Everyone was, of course, relieved that one charge had gone. The lawyers were pretty sure that we had it. The judges have to approve the verdict. It's usually just a formality. They deliberated for about an hour. Then we're called back in to hear their final decision. And That's when things got a bit dramatic in court. The jury has answered no to question one. The court of appeal finds the accused undoubtedly guilty of the charges in point one, and unanimously decides that a new trial will be held with other judges. It's like a bomb dropped when the judges came back. Eirik Jensen, what are your thoughts now? Let's leave. Let's go. Drama ensued in court today. First, Eirik Jensen was partly acquitted by the jury, then the judges rejected the verdict. It was a dramatic decision, because it's the people of the jury who are supposed to decide if someone is guilty or not guilty. Disregarding a verdict is a safety valve, primarily used when the law has been applied incorrectly. There is nothing in this case to indicate that the jury applied the law incorrectly. They just simply didn't agree with Internal Affairs nor the three judges. Make room. Make room. Anything to say, Eirik? I'm disappointed, of course. I think that in a way it's To put it plainly, it's like spitting in the jury's faces what the court did. How I'm going to mentally prepare for another round in court, I don't know. It came as a shock. It was like like Eirik also said, like spitting at the jury. Like it wasn't, um, worth their time. I am completely convinced that that the judges couldn't make any sense out of the two contradicting answers. It's either all or nothing. We were hoping that the verdict would stand, but it didn't. And that and that Yes, that was a bad day. 10 MONTHS LATER THE SECOND APPEAL How does this being the last round affect you? No, of course it's something in the back of my mind. That the consequences are pretty dire if we fail. After the first appeal, I thought "I have to be realistic." I was quite prepared for this to go wrong in round three. Eirik was very down after the first appeal. Because the verdict was disregarded. Then he said loud and clear that, um, "I'm already convicted, in a way. Nothing works. Nothing." "What are my chances with new judges when they've already literally chopped off my head twice?" AUTHOR TORGRIM EGGEN THE CONNECTION Neither Eirik Jensen nor any of the legal professionals or the public were particularly thrilled that this trial would be heard a third time. With the same witnesses, the same statements, the same arguments. But as an author, I thought, "Here I have a chance to see what the Eirik Jensen case says about police secrecy." "What is the downside in using covert police methods?" When such a highly trusted policeman is supposedly guilty of gross corruption and cooperation with one of the country's worst criminals for several decades, without being revealed, then there are a lot of cases that can be looked at again in very a different light. My name is Gunnar Evertsen, and we ran the so-called "Mob of the North" in the early '90s. Eventually the cops got keener on getting rid of us. So they initiated what would later be known as the "Plane Drop Case." FORMER DIVISION HEAD OF NARCOTICS ØYVIND OLSEN Cappelen brought information about the Mob of the North, that they were going to import amphetamine from Holland. What happened in Holland between the Norwegians, Cappelen, Eirik Jensen, I have no idea. But we were assured that it was all done by the book. So the Plane Drop Case has been reviewed by several district attorneys. And it's also been through the courts, and it was found to be reliable. The thing is there are allegations made by one key figure in the Plane Drop Case, who claims that this was an illegal provocation. Provocation is one of the non-traditional methods that can be, uh, utilized. But there are some clear boundaries for when it can be used. You cannot provoke people to commit crimes they otherwise wouldn't have committed. The big question is, "Who was the one who took the initiative to smuggle the drugs into Norway?" And for me, it's obvious who did it. It was individuals who were part of the so-called Mob of the North. Well, Øyvind Olsen and Eirik Jensen's versions of the Plane Drop Case is, to put it mildly, incorrect. Cappelen showed up at my door. I didn't know him at all. He offered to get me ten kilos of amphetamine or more. Here is a group of policemen planning to hire another criminal to sell me amphetamine so they can arrest me. The Norwegian police have no fucking right to go to Holland to sell amphetamine, just like I have no right to buy it. But that they're the police really makes it worse, right? Because they're the ones planning this crime, not me. I have no doubt that Gunnar Evertsen was not a model citizen at that time. But it's about, uh, the method, and when the method is so obviously wrong, then you need to put your foot down. It's about doing the the right thing. My name is Hilmar Bertheussen, and I was involved in the Plane Drop Case. I got eight and a half years. I served five years and 11 months. When I got out of prison, my kids were eight and ten years old. I missed all the best years with my kids, and I have myself to blame, to to a great extent. But I got a lot of fucking help on the way. Yeah, and when I found out just how much they helped me, it didn't sit right with me, right? Norway is a country of laws that we all have to follow, especially public servants, like the police. Looking at the bigger picture, the Jensen trial could be seen as the police cleaning house. Did Eirik Jensen take the fall for them all? Are there others who should be investigated? There are a series of things that have not been addressed in this case. In a way, it's perhaps more interesting than what we learned in court, and in connection with Jensen and Cappelen's relationship. We have barely touched on the leadership. What did the leadership do? What did the leadership know? How was this handled at the time? And they are the questions we would like to know the answer to. If everyone has been held accountable, that's another question. I don't believe so. That Eirik Jensen has to face the consequences for his actions is on the up and up. But I'm still looking for someone who had prior knowledge of this. If his bosses would have had the courage or the ability to stop him earlier, then a lot of this could have been avoided. He should have been stopped a long time ago. I think part of the reason things went as far as they did was Eirik Jensen's position in the police. It's a pity that attempts to reveal and to point out these issues were simply swept under the carpet. So, someone had heard something, but it never progressed further. They didn't want to know. We had a meeting with Kripos in 2011. And this was three years before they were arrested. We told them everything. RECORDING KRIPOS INTERVIEW What about Gjermund? What kind of person is he? Norway's biggest importer of hashish. Mm-hmm. As far as we understand, Gjermund Cappelen has one of those carte blanche deals with the Oslo police department. With certain individuals that I have certain knowledge of. And he can import whatever the hell he wants. And police officers have told me this. He can import whatever he wants, as long as he sets people up for the police. And he didn't just set us up, but several others too. There is no doubt whatsoever. One thing is certain. Everything is not okay within the Norwegian police. Hmm. This tape proves that we told them about Gjermund and everything three years before Cappelen was arrested. And they didn't give a fuck. JENSEN'S FORMER BOSS ØYVIND NORDGARDEN I was proud of Eirik. Because I felt very secure in his work. So I was very proud of him at that time. No warning lights were flashing for us in the leadership that something was was wrong. I didn't get any signals that anything was wrong. At the time, there was no one warning me that Eirik Jensen wasn't following the rules, or that informants were handled incorrectly. No one. So it has been a horrible case in many ways. That you really never see the end of. The verdict in this case is of huge significance. A case like this has the potential to weaken the public's trust in not only the police, but the entire Norwegian system. How can we as regular people trust that the police serve us honestly? OSLO COURTHOUSE One thing this case has taught us is that transparency creates trust, and secrecy creates suspicion. JUNE 2020 Tomorrow, the verdict will be read in the appeal of Eirik Jensen. He will either leave the Oslo Courthouse a free man or serve years in prison, in the double digits. We might have to water today, tonight. - Huh? - Might need to water. - Yes. - Terribly dry. I'm thinking of the petunias. They haven't had water in a while. Not since it rained. No. Should I pack a bag? Yes, it really hits me when you talk about bags and that. I can feel that knot in my stomach more and more. It's like Yeah. So the verdict is almost here. Uh It's obvious that we've lived with this case for six years. So I can really feel in my bones that the day is coming. So we are obviously both very tense. I can't avoid the consequences. And I'm not so young anymore. So it's obvious that such a serious conviction would be incredibly tough. This case has two different stories. In one of the stories, I'm a drug lord who's made a lot of money. The other, uh, version, I'm innocent. INTERVIEWS There are many elements to this case. Communication, financial and of course, a relationship that went too far. But handling informants is a complex business. You often have to go very close up to the line practically. And sometimes you actually have to cross it. I worked against drugs for 26, 27 years. So to be accused of drug smuggling and corruption is hell. If you look on Wikipedia, it says "drug smuggler and policeman." And if it were to stay like that, it would be a catastrophe. How will you handle a verdict up to 21 years if convicted? That's impossible to say. If convicted, is it a miscarriage of justice, or have you done things that deserve punishment? I think most police officers have done things that deserve punishment. What's it like now? Honestly, it's horrible right now. It's indescribable. When I was in the scene, Eirik was in a way, the enemy, and I was the bad guy. FORMER MEMBER, YOUNG GUNS MIKAEL ALI You can't forget the great work he did. When the top brass needed someone to clean up, they used Eirik. The verdict will be read first. Then the court will read the reasons for the verdict. The verdict will now be read, and I ask that everyone stand when the verdict is read. The verdict. Eirik Jensen, born July 30, 1957 is convicted and sentenced to imprisonment for 21 years. The appeals court also completely disregard the claims that Jensen's motive for maintaining contact with Cappelen was of a professional police nature. The same applies to the claim that Jensen never received money or favours from Cappelen. Only once did Cappelen bring forward information which led to a specific police action. The court believes that in hindsight, it is strange that there were not better control procedures in the Oslo police district, which could expose the many breaches of standards by Jensen in his contact with Cappelen. Any comments, Eirik? No. - Yes. Eirik. - Do you have any comments? No. I'm from Internal Affairs. I'm here to arrest you. You are under arrest, so OFFICIALLY THE BIGGEST POLICE SCANDAL IN PEACETIME THE END OF EIRIK JENSEN EIRIK JENSEN WAS NOT A COP. HE WAS A CROOK. Twenty-one years. I can't describe how much those words hurt. And and I lost my boyfriend, um, right there and then, in a way. That's essentially what happened. His conviction is a major blow for the Norwegian police. If the police, in special cases like this, can't trust each other and become part of criminal networks, then we can start comparing ourselves with countries we absolutely don't want to be compared to. He was a policeman. He was supposed to protect society. I think that he just took advantage of his situation and thought that nobody could touch him. As a member of society, I feel like I owe him a thank you. Thank you for working against criminals like I used to be. This is a man who deserves a medal for his efforts. And instead, society decides to throw him in jail for 21 years. It's just crazy. I think young officers today, they don't think they see themselves in Eirik. I think they see him like a part of history and the old guard, and they were like cowboys. But it's possible that more Eirik Jensens will appear within the police. I think that would be a good thing for the Norwegian police. You always need someone to push the boundaries and challenge the system for the better. I'm happy they believed me. That's my only comment. It has always been important for Cappelen to be believed. He was believed in the court of appeal. He was also believed in the district court. Jensen's appeal to the Supreme Court has been denied. The verdict is final and should have been the end. I hope I live to see Eirik acquitted. What will you do then? Give him a big hug. KONGSVINGER PRISON Here is my motivation wall. Lots of nice cards. Here's another picture of when things were still pretty good. Something like, what should I say, gives almost like endorphins. It gives me something positive. So we've been so lucky to get an office section. That's what keeps me going. That I'm busy reading through documents all the time. I'm innocent. I've been convicted on a false statement. And now I've discovered that the police used illegal provocations to establish a criminal case against Cappelen and myself. To make it crystal clear, I won't give up until all the cards are on the table. I see that my mother, she's 88, that she's struggling with this. I know that my sister is struggling with this. I know that Ragna is struggling with it. You do feel guilty. Because of the hell they have to go through. But they want me to stay the course and show that I'm right. All my life, I've fought against what I think is wrong. And this is wrong. So obviously, the odds of succeeding are not in your favour, but that's not a reason to give up. EIRIK JENSEN SUBMITTED AN APPEAL TO THE EUROPEAN COUR OF HUMAN RIGHTS IN 2021 THE APPEAL WAS DISMISSED HIS LAWYERS HAVE SIGNALLED THAT THEY WILL FILE A MOTION TO REOPEN THE CASE Roll scene, take one. RAGNA AND EIRIK ARE STILL TOGETHER AND SHE FREQUENTLY VISITS HIM IN PRISON GJERMUND CAPPELEN DID NOT WISH TO BE INTERVIEWED BUT HAS RELEASED HIS DEFENCE ATTORNEYS FROM THEIR CONFIDENTIALITY AGREEMEN HE CAN APPLY FOR PAROLE IN 2022 THE INTERNAL AFFAIRS BUREAU DID NOT WISH TO BE INTERVIEWED ABOUT THE CASE THEY REFER TO EIRIK JENSEN'S SIGNALS THAT HE WISHES TO FILE A MOTION TO REOPEN THE CASE THE DISTRICT ATTORNEY, ATTORNEY GENERAL AND CURRENT LEADERSHIP IN THE OSLO POLICE DID NOT WISH TO COMMEN FOR THE SAME REASON IN MAY 2021 AN INDEPENDENT INQUIRY INTO THE OSLO POLICE WAS MADE PUBLIC The Oslo police leadership failed. That was the conclusion of a committee looking into the Eirik Jensen case. How could this have happened? And how could it have carried on for so long? Now the Oslo police are facing devastating criticism. For years they neglected to follow up on warnings that the policeman didn't follow informant protocol. EIRIK JENSEN HAS BEEN IN PRISON SINCE 2020 CONTAINS RE-ENACTMENTS OF AUDIO AND EVENTS
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