Raising the Bar (2008) s02e03 Episode Script
The Curious Case of Kellerman's Button
Jerry, I already gave you an A.
C.
D.
For that tagger.
Excuse me -- graffiti artist.
What more do you want -- Free paint? You hear me laughing? He has a job, Michelle.
It's a good job.
He just has to pass a background check, so I need his record sealed right now.
What, and skip the statutory waiting period? Yeah.
Good luck convincing Farnsworth.
But I won't oppose.
Are you on your way? Yeah, via a couple other courtrooms.
Friendly reminder -- Farnsworth's rule one -- 9:30 appearances.
"Promises to keep, and miles to go before I sleep.
" He isn't the only judge in the building.
No chewing gum, no food, no drink, no phones, no texting, no iPod, no reading, no napping -- you with me? - High-school detention -- I get it, Jerry.
- No worries.
Just take a seat not in the front row.
I'll be back.
I'm not feeling any love here for your guy.
I'm sure he had a miserable childhood.
A lot of folks do, and they don't grow up to commit hate crimes.
Play the violins at sentencing if you like, but -- - You're assuming a win.
- I like my case, Rich.
So take the win on the assault the hate-crime enhancement.
Making him eligible for probation? Forget it.
If we agree on a plea, you know both co-defendants will fold.
With or without a plea.
Well, then why did you meet with us, Marcus -- Just for the company? I actually thought your client might have gotten practical and decided to accept my offer of 31/2 instead of rolling the dice for 15.
31/2 is a long time when you've never been inside.
- Even when you have.
- Look, did he try to stop his homies? Did he get between them and the victim? Did he call 911? Did he shout for help? Because if he had, I think you would have told me already.
The assault had nothing to do with your complainant's sexual orientation.
- That's where we disagree.
- There was an accidental shoulder bump.
- There was some trash talk.
- "Faggot"? - "Homeboy"? - Oh, Roz, now you've hurt me -- Language like that.
Coming from a white man, you know it's racial.
But not racist.
Your complainant pepper-sprayed these kids.
And they beat him down to the ground in, what, self-defense? How about anger? Listen.
No, listen -- if hate didn't motivate the crime, then it wasn't a hate crime.
So, we pick a jury.
RAISING THE BAR -- Season 2 Episode 3 "The Curious Case Of Kellerman's Button" The people request that the motion be denied, Your Honor.
- There were certain - Ah, the late, not-so-great Jerry Kellerman.
- You missed roll call, counselor.
- I had another appearance, Your Honor.
Which took priority over my calendar? - It was a felony, judge.
- Well, call me selfish, but here in my house, I come first.
You just went to the back of the line.
Sit down and enjoy yourself, counselor.
Go ahead, ms.
Ernhardt.
Certainly, Your Honor.
The arrest occurred on 11/21/08.
I can't wait here all day.
Can you give me like a 10-minute warning when he's ready? - You better be ready to run when I call.
- Thank you, dear.
I'll be back.
Where are you going? Hey! You wanted to see me, Nick? Sit down.
Oh, that's never a good sign.
- People vs.
King.
- We're locked and loaded.
Make the best deal you can.
Shut it down.
What? W why? - I can win this.
- No Actually, you can't.
Either you piss off the black community by over-reaching or the gay community by under-reaching.
Those are both powerful lobbies at city hall.
So we lose no matter what.
You're not saying anything new, Nick.
What's really going on? You should have pled it already.
I let you play out the clock.
Without even bothering to tell me that was the plan? You're up against Roz.
She's tough.
I didn't want her female intuition sensing any weakness.
- Don't make this personal.
- It's very personal.
- My trial prep? - Good practice.
- You can't change how the world spins.
- We have an obligation to the victim, Nick.
I agree.
So go forth and punish the wicked, but do it without a trial.
I'm not dropping the hate-crime enhancement.
I love your zeal.
Just don't let it backfire on you.
Either you close the deal orido.
Don't make me make you look bad.
- Balco's shortsighted.
- But he's not wrong about the fallout.
Political expediency is a lousy organizing principle for a D.
A.
's office.
A trial sends the message that this city will not tolerate hate crimes, no matter by whom, no matter against whom.
Sounds like a closing argument.
Yeah, well, you're the only one who's ever gonna get to hear it.
You know the black community is watching this case.
And I know they've expressed their views long and loud to you, but they are rolling behind the times.
I mean, who's the face of the community in the courtroom when the prosecutor's black and the defense attorney? When there's a black president? I mean, we're showing up everywhere.
There is even a black chief of staff for the Manhattan borough president.
I see what you mean.
Infiltrating.
The real color problem is green.
All these minority caucuses need to put their muscle into economics, where it belongs.
- You know, you say you hate politics - I didn't say that.
but you have a voice.
As in loudmouth Yeah, I've been monopolizing.
- You could get votes.
- Thank you.
Only votes I care about are 12 in the box.
Jerry.
What happened? They called the case like right after lunch, man.
I waited for you.
Now, don't put your mad face on me.
- You were supposed to call me.
- And I tried.
He wouldn't let me.
Rule number whatever No courtesy calls.
He issued an administrative adjournment.
Okay.
- What time we on tomorrow? - Not tomorrow.
- July 16.
- July next month?! Mr.
Kellerman.
Thought I recognized that voice.
Interrupting me again.
I'm sorry, Your Honor.
I I you know, I I just could not spend the day here, as much as I would like to.
But we can't wait an entire month to dispo this case.
My client will lose his job.
Something you probably should have considered when you failed to appear on time.
That's two times in one day.
You're a slow learner, Mr.
Kellerman.
I meant no disrespect, Your Honor, but I I just need 90 seconds on the calendar tomorrow.
Newton's third law.
What? "for every action, there is an equal and opposite reaction.
" My reaction July 16th.
Yeah, well, t that that's, uh, an overreaction,judge.
Possibly, but I couldn't put you on the calendar tomorrow even if I wanted to which, parenthetically, I don't Because I'm in arraignment court tomorrow.
Please, judge.
Stop arguing with me, counselor.
Hold on.
No July 16th.
- Jerry, what did you do to me, man? - Don't worry.
- You keep saying that.
- I can fix this.
How?! You just buried any chance of hope from that guy! He hates us, man.
Thanks.
A little faith here.
Sure, man.
Whatever you say.
How'd you think this was gonna play out, McGrath? You sneak around behind my back, and you think I wouldn't notice? - What are you talking about? - First you betray my trust, then you insult my intelligence.
- At least show me the respect of being honest.
- What happened? The phone rang, with a message from on high You, Marcus McGrath, get to pick a jury for the gay-bashing case.
Surprised yet? I thought the message from on high was "deal it out.
" Usedto be, before the Manhattan borough president decided to take an interest.
What a coincidence.
You didn't ask your girlfriend, his chief of staff, - to see what she could do? - No, I didn't.
And she's not my girlfriend.
Well, she must think so, to start stirring the pot for you.
The most dangerous creature on the planet - is a helpful woman, Marcus.
- I'm sorry.
Not half as sorry as I'll make you if you lose this thing.
I told you I was ready for trial.
Yeah, now you better get the top count.
There's no margin for error.
- So win or die? - Close enough.
I can't protect you on the downside.
We have a solid case, Nick.
With the potential to embarrass everybody all the way up the food chain.
Except, of course, the lovely Miss Amelia, who has no exposure whatsoever.
We done? I thought that's what you wanted.
- You were wrong.
- You said a trial would send a message of tolerance.
The point is, you didn't ask me.
- You'd have said no.
- Exactly! I was trying to help! By doing an end run around my boss? You -- you humiliated me! It was supposed to be discreet.
Is that your version of an apology? I'm sorry you were embarrassed.
That's it? You got the right outcome.
Shouldn't that override your personal feelings? - So now we're talking about the greater good? - Yes! The greatest good would be for you to mind your own business! You're welcome.
Amelia, we got to be able to trust each other.
I didn't ask you to sit down, Marcus.
You want an apology, and I want a thank-you.
Looks like we're both getting disappointed.
You really don't understand.
Yes, I do.
You're upset about the process, but you can't tell me you're not happy with the results.
We could hear what they were shouting even before we got out of the car.
- What were they shouting? - "Faggot," "pussy," worse things than that.
Just about anything you can think of was coming out of their mouths.
Specifically about Mr.
Gradin's homosexuality? Yes, sir.
The two suspects were taunting him while they, uh, were working him over.
Judge kessler: let me remind the spectators again -- You are guests at these proceedings.
If you can't be silent, I'll kick you out of this courtroom! What did you and your partner do then? We grabbed ahold of whatever parts we could get our hands on, and we hauled the suspects off the victim while they were still kicking him and yelling their comments.
Was one of those suspects the defendant, Mr.
King? Yes, it was.
Agent Dunn, ??, not determing the cause, correct? That's right.
You have no personal knowledge of how the fight began, do you? No, I don't.
As a police officer, you're aware that the person who wins a fight isn't necessarily the person who starts it.
True.
In the melee, on a dark street, you can't be surewhowas shouting the slurs you heard.
Well, I know it wasn't the victim.
I know that much.
But you didn't actually see Mr.
King shout anything at all, did you? I didn't see the words coming out of his mouth like a cartoon balloon, if that's what you mean.
So "no"? No.
You did not see Mr.
King shout anything whatsoever at Mr.
Gradin? No.
Docket ending 8693-- People of the state of New York vs.
Enrique Moraga, charged with unlicensed vending.
Jerry Kellerman for the office of the public defender.
Waive the readings, not the rights, counselor? No, Your Honor.
The defense does not waive the readings.
The rules specifically give Mr.
Moraga the right to hear the entire charge against him.
It's an unlicensed icee cart.
With all due respect, Your Honor, you may consider that a minor offense, but it's very serious to Mr.
Moraga.
- Read the charges, please.
- Thank you, judge.
"Deponent states at the time and place of occurrence "he observed approximately four un-apprehended individuals "surrounding defendant and said cart "and further observed one un-apprehended individual hand defendant a sum of United States currency.
" - Your Honor? - Satisfied, Mr.
Kellerman? I'm sorry, Your Honor.
Would you instruct Officer Watkins to read slowly enough for us to understand her? Ms.
Watkins, could you read more slowly, please, for our slow listeners? "In exchange, "defendant handed to said un-apprehended individual an icee.
" Slow enough for you, Mr.
Kellerman? Almost, Your Honor.
I'm sorry, Ms.
Watkins.
Could you even read it slower? "Deponent further states that he approached defendant and asked defendant, in sum and substance, if he had a vendor's license and/or a tax certificate.
" Docket ending 4635 People of the state of New York vs.
Fabrizio Pisello, charged with disorderly conduct.
Jerry Kellerman for the office of the public defender.
Oh, gosh, let me guess.
I'm sorry, Your Honor, if the rules are inconveniencing the court.
Really? But the rules entitle every defendant Yes, so you have been saying all day long.
Mr.
Pisello has the right to hear the entire text of the charge.
Read the charge.
"deponent states that at the time and place of occurrence, he observed the defendant, Fabrizio Pisello, standing on a crate in the middle of a public sidewalk and shouting.
When asked to leave, defendant Pisello continuously shouted, I am the smiter, the lord of all things.
all who stand before me must bow, thereby creating a public nuisance and obstructing pedestrian traffic.
" Satisfied, Mr.
Kellerman? I believe there's quite a bit more on the page, Your Honor.
All right! You've made your point, counselor.
Advance people vs.
Clark to 9:15 tomorrow morning.
- Before court starts, judge? - We will be starting early tomorrow.
Waive the readings, not the rights, Your Honor.
It had been, uh, snowing, and only part of the sidewalk had been cleared, so there wasn't a lot of room to walk.
I had my head down in my coat collar, so I didn't see the three men coming toward me until they were pretty close.
The, um the defendant, uh, Mr.
King, threw me up a hard shoulder as he walked past, trying to bump me off the sidewalk.
Objection, Your Honor There's no way this witness could know what was going on in Mr.
King's mind.
Sustained.
Now, after Mr.
King and the other two men walked toward you, what happened next? Well, I I kept walking, but, uh, I was upset that he'd hit me, so I turned around.
And what did you see when you turned around? The three of them had stopped and were staring at me.
Did they say anything? Mr.
King said, uh, "what are you looking at, faggot?" How did you respond? I said, "excuse me?" and he said, uh, "don't think so, bitch.
" What did you do? Well, the three of them started walking toward me, and, uh And I was afraid to turn around in case they would jump me, so I pulled out my pepper spray and, uh, shouted, "don't come near me.
" But that didn't stop them, did it? No.
No, they, uh, they thought it was funny.
Mr.
King said, uh, "what are you gonna do, faggot Spray my hair?" Please! Thank you, Your Honor.
Then what happened, Sean? I blasted the guy closest to me and ran like hell.
I was hoping the other two would stop and help their friend and I could get away.
- How far did you get? - About half a block before they, uh, knocked me to the ground, started kicking me, beating me.
I thought I was gonna die right there on the sidewalk with the frozen dog crap.
And, uh And they were laughing.
Was Mr.
King one of the two men beating you? - Yes.
- Did Mr.
King say anything during the assault? "How do you like that, faggot?" "Does that feel good, homo, you mother-f'ing queer?" and on and on.
He did not use the, uh, the euphemisms I just did.
Why do you carry pepper spray, Mr.
Gradin? Because I've gotten mugged before.
What happened? - A couple of black guys jumped me when I was coming out - So, when you saw three young African- American men walking toward you, you felt threatened.
Yes.
I did.
I wish that weren't true, but that's the reality.
And when you and Mr.
King bumped shoulders It was not an accident.
He was baiting me.
- So you turned around.
- Yes.
To confront them.
- To show them I wasn't going to be a victim.
- Again.
Yes.
And you were angry at the disrespect you perceived.
There's no other way to perceive having someone call you a faggot on the street, like Mr.
King did.
I was offended.
I was hurt.
I was scared.
But you weren't scared enough to avoid confrontation, were you? You don't run from a predator.
You stand your ground, or they take you down which, by the way, is exactly what happened.
After you pepper-sprayed one of those boys and he was on his hands and knees.
I was protecting myself.
You were the only one with a weapon, weren't you? They had their fists and their feet.
- I was outnumbered.
- But not one of them raised a fist or a foot at you until after you used your pepper spray.
They were coming toward me.
They wanted to hurt me because they thought they could.
And you were angry enough to want to hurt them first.
- No.
- When you took out a chemical weapon and you started blasting that was your word, Mr.
Gradin That wasn't about defense.
That was about offense Payback for insulting you.
I was just trying to keep myself safe.
Obviously, it wasn't good enough.
Ah, Mr.
Kellerman.
An entire minute early? That must be a first for you.
- Thank you, Your Honor.
- Could have used the extra sleep, Jerry.
Yeah, try cutting back on your extracurriculars.
Ready when you are, my dear.
Court is now in session.
The honorable Albert Farnsworth presiding.
Docket ending 9863 People of the state of New York vs.
Owen Clark, formerly ACD'd.
Uh, the defense requests Uh, Mr.
Kellerman Button.
Rule 8.
What? Appropriate courtroom attire That means ties and buttoned collars for male court personnel.
Thank you.
Button your collar, please.
I I can't, Your Honor.
The button's missing.
Chambers.
Not you, Ms.
Ernhardt.
This has nothing to do with the case before the court.
Have a seat.
Take off your shirt.
You're going to sew a button on for me? I assumed if you knew how, you'd have done it already.
Don't you have anyone domestic in your life? No, uh No, nobody I'd call domestic.
Sit down.
You think I'm demented.
Oh, be polite.
How about "eccentric"? Okay.
Is it the gun or the rules? - Both, I guess.
- You know what they have in common? Iron clad.
Hey.
That's pretty good.
No.
They both demand respect.
Please, uh, don't shoot me, judge, but your rules don't make any sense.
Rules, Mr.
Kellerman, are meant to impose order on chaos.
That's the very purpose of the justice system.
An unbuttoned collar? A sign of contempt for the authority of the state, which I personify.
- Or just a missing button.
- Well Not anymore.
Voila.
Structure works.
Rules work.
Order works.
No matter how dysfunctional the rest of the system is, I fully intend to make my courtroom a model of efficiency and decorum.
Is that understood, counselor? - Yes, Your Honor.
- Good.
- I'll hear your motion tomorrow morning.
- J judge, please 90 seconds.
You got me in here early, and you wasted my time.
Now my real day starts, and I've got a full calendar.
See you at 9:30.
With your collar buttoned.
I've been doing door security at the out house fortwo years now.
What kind of establishment is the out house? It's a gay cruising bar.
What does that mean? Men come to meet other men for sex.
On the night we're talking about, was Mr.
Gradin a customer? Yes, he was.
- Did you have an altercation with him? - Yes, I did.
What happened? I heard shouting near the pool table, which is always a bad sign.
So I hustled over in time to see Mr.
Gradin toss his cocktail in another customer's face.
Did Mr.
Gradin appear Drunk to you? I wouldn't say he was drunk.
He'd certainly been drinking.
So I escorted him to the door.
Did he go peaceably? He did not.
I had to physically put my hands on the man, which I hate doing because of the risk of liability.
And how did Mr.
Gradin react? He told me if I didn't take my hands off him, he'd pepper-spray me.
Did you see any part of the initial encounter between Mr.
Gradin - and the defendant? - No, I didn't.
Did you see any part of the assault on Mr.
Gradin? No, I didn't.
So, you have no personal knowledge whatsoever about what actually happened between Mr.
Gradin and the defendant.
Not really.
Not at all.
We was just headed for the subway me, Andre, and Jomo Just chilling.
And we see this guy rolling toward us like he owns the sidewalk.
- Sean Gradin.
- Yeah, him.
Like we need to move out of his way.
But, okay, I gave him a little space.
Not enough, I guess, 'cause bam! Smacks me with his shoulder.
So Mr.
Gradin bumped into you? Yeah, like we was supposed to be all single-file or something.
Man, we got the same right to the sidewalk as him.
And then what happened, Darell? I turned around, like, "what was that?" and he giving us the evil eye, like we done something.
So, I said, "what you looking at?" did you say, "what are you looking at, faggot?" Okay, I know I shouldn't have said that.
I was just trying to, you know, get in his head for slamming up against me.
Darell, did you think that Mr.
Gradin was a homosexual? It wasn't like that.
"faggot" ain't the same as "homosexual.
" Well, what's the difference? "faggot" means like "pussy," "bitch.
" It's just something guys say to each other.
And how did Mr.
Gradin respond? He yelled, "excuse me, homeboy?" like, of course, we got to be thugs All that black skin he was seeing.
But black don't make us gangstas.
And what happened next, Darell? We just wanted to back him down, like, "what?" that's when he whipped out his little can.
Did you know it was pepper spray? Not till he squirted it in Jomo's face.
We just thought the guy was fooling around, but no, he wasn't.
Jomo dropped.
The guy ran.
Andre took off after him.
And what did you do, Darell? I tried to stop the beatdown.
No, Andre was all over the guy.
I couldn't pull him off.
That's when the cops showed.
- Did you hit him? - No.
- Did you kick him? - No.
Did you shout anything else at him? No.
That was Andre.
No, I I just wanted us all gone.
Darell, let's be real.
You and your friends knew Mr.
Gradin was gay 'cause he's proud of it and he shows it.
- I wasn't paying attention to none of that.
- You called him a faggot.
- It's just a word, man.
- Like "homeboy" is just a word? Yeah.
But Mr.
Gradin had already disrespected you, hadn't he? When he didn't get out of your way, when he wasn't afraid of you.
That's why you gave him the shoulder bump - You weren't gonna let a gay man dis you.
- No, wait up.
He did that to me.
He's the one who started it.
He was alone.
There were three of you.
Well, maybe he's into that pain thing.
nah, I'm justsaying That Mr.
Gradin wanted you to break his jaw, crack his rib, and bruise his spleen and sprain his wrist That's what you're saying? Nothing would have happened without him using his damn spray on us.
- That wasn't right.
- You had to settle it.
N not me.
- You chased him down.
- No, no, t that wasn't me.
The police officers had to pull you off him while you were still kicking and beating him.
No, I was trying to help the guy.
Anybody ever call you a faggot, Darell? Not twice.
Because you're not a homosexual.
That's what the word means, doesn't it? - Powerful insult.
- Yeah.
Why? Don't look there.
Look here.
Because they're weak, that's all.
They're not men.
- Like you and your friends.
- Yeah.
Who decided to prove your manliness by attacking a homosexual - because he didn't act weak enough.
- No, that's not how it happened, man! - Because a gay man had the nerve to defend himself! - No, I'm trying to explain myself! - Done, Your Honor.
- No, wait a minute! I'm not! Yes, you are, Mr.
King.
- Are you ready? - More than.
Ooh.
And that'll help.
Thank you.
Kellerman! I know.
I know.
You're right.
This is not part of a healthy meal plan.
Yeah, well, that's your problem.
My problem is the stunt you pulled in arraignments yesterday.
- It worked.
- For one guy.
My guy.
What about everybody else on the calendar who just maybe could have slept in their own beds last night instead of a jail cell if they'd actually been arraigned when they should have been? And did you even think about all of our other clients waiting their turn? - Not exactly like that, no.
- No.
Now, I don't need you making life more complicated for people whose lives are already complicated, and that includes your colleagues.
Farnsworth was screwing my client just for the exercise.
No, he needed to learn he can't push me, because i'll push him back.
I'll escalate him right off this planet.
And it wasn't just this client, Roz.
I was protecting all our clients.
You know.
You know I'm right.
At least your courtroom shirt's still on the hanger.
Put it on, button up the collar, get to court on time, and show some respect.
How much? Be cool.
Good luck.
I don't see much wiggle room here.
Y Your Honor, the people have joined the defense's request.
What Ms.
Ernhardt actually said was that the people don't oppose the motion to seal the defendant's records.
But her solidarity with you doesn't change what the statute says.
It specifies very clearly that there shall be a six-month waiting period Not "can," not "may be.
" "shall" means "will.
" The court has no choice.
Mr.
Kellerman, what are you doing? Rules are intended to impose order on chaos, Your Honor, but if they're written too narrowly, they can fail to accommodate unforeseen circumstances.
They can cause unintended consequences, like derailing my client's future over a single word "shall," which, incidentally, is more ambiguous than the word "must.
" If you'll allow me to give you another example, Your Honor I'm standing here in complete compliance with the court's rule 8 Ties and a buttoned collar for all male courtroom personnel.
I haven't broken the rule, but I've obviously evaded it using a technicality.
I am dying to see where you're going with this, but you can button your shirt before you give the ladies palpitations.
The statute that's causing the problem does not prevent the court from restoring the A.
C.
D.
and dismissing the case today.
No, it doesn't.
Very good.
Very inventive.
Thank you, Your Honor.
I it's more like desperate.
Do the people agree? The people offer no objection.
Well, well, well.
Lucky you, Mr.
Clark.
The A.
C.
D.
is hereby restored, and this case is dismissed.
You can go back to work.
Don't come back.
You can call the next case, Ms.
Watkins.
Nice abs, Mr.
Kellerman.
Just so we're clear If Darell King and his friends were white, there would never have been a fight that evening.
Sean Gradin made a racist assumption about three young black men who were walking home.
He picked a fight at the bar.
Then he picked a fight on the street.
When Sean Gradin blasted his pepper spray in a first strike, that was assault.
And if Darell's friend Andre hadn't reacted in anger, Sean Gradin would be the one sitting at that defense table right now, not Darell King.
Yes, Darell used an ugly word.
He called Mr.
Gradin a faggot in the heat of the moment.
It was cruel.
It was stupid.
But it was not a crime.
Darell didn't run after Mr.
Gradin to hurt him.
He was trying to help him.
He was trying to pull his angry friend off of the man who had just attacked them.
Despicable things were said, but not by Darell.
Now, you may hate the words as much as I do, but you must distinguish between angry words shouted in a fight and a specific intent to target a man because he is gay.
Don't let the words goad you into convicting an innocent young man of a crime he never intended.
Darell King is a thug.
He and his buddy beat down a gay man not for anything he had done, but simply for what he was a homosexual.
The defense has tried to argue that Mr.
King was not committing a hate crime when he initiated the assault by taunting Mr.
Gradin as a "faggot," nor when police officers had to pull Mr.
King and his friend off of their victim while they were still beating him and kicking him and screaming homophobic slurs at him.
But you know what was going on.
And you know why.
It's called gay-bashing.
We can show We must show that here in New York City, we will not tolerate hate crimes, no matter by whom, no matter against whom.
Look at what Darell King said.
Look at what he did.
Ask yourself why.
Then convict him for assault for the beating he inflicted.
Convict him of hate for the bigotry that caused it.
God, I am sweating.
And, no, it's not a hot flash.
It's the gallery.
You know, the presence of the public never improves a trial.
- I just wanted to lock the door.
- The fishbowl effect.
Although, I got to say, it brings out the best in McGrath.
His summation almost convinced me.
Almost? I thought you were rooting for him.
Why? Because I'm gay? No, I thought they overcharged the case.
It's not a hate crime.
It was an altercation that escalated to assault.
Yeah, and it would have turned into a murder if the police had acted any slower.
Geez, Charlie, I just I kept thinking that it could have been you.
Gradin was not targeted because he was a gay man.
Not that my opinion matters.
Or yours.
God! I need a lunchtime yoga class.
- If I was on the bench - You'd need yoga, too.
and the verdict came back "guilty," I wouldn't impose the max just because the people got aggressive.
Same facts, no politics, no hate-crime enhancements, the guy would have been offered probation Maybe six months and probation.
Why are we speculating? Would you hit him with the full 15? I would honor the people's request.
The guideline say that you can start at 3 1/2.
Let's just wait for the verdict.
Me, I'd start somewhere closer to the bottom of that range maybe five.
And very possibly, you would be overcompensating.
Has that occurred to you? Well, I wouldn't be looking for a headline.
Tell you what, Charlie Let's revisit this discussion if you make it to the bench.
It takes more than merit, Charlie.
You need friends.
You need allies.
You need backers.
And if you can't handle that, you're never gonna get a chance to hang up your own robe.
Will the defendant please rise? In the matter of the people of the state of New York vs.
Darell King, on the count of assault in the second degree, how does the jury find? Guilty.
And as to the special interrogatory, asking, "did the defendant intentionally commit the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the sexual orientation of the complaining witness?" How do you find? We, the jury, find that he did.
Yes! Thank you, ladies and gentlemen of the jury, for your service.
You are dismissed.
- You will do anything for a client.
- You are amazing.
- You do know that Farnsworth is gay? - Crossed my mind.
Stripping for a gay judge That's smart.
That's effective.
No.
It's not like that.
- Hoping this isn't a coincidence.
- I'd be lying.
- Buy you a drink? - My treat.
- Congratulations.
- Could have gone either way.
Now you're just being modest.
I can't just do small talk with you, Amelia.
Doesn't work.
Okay.
Well, I Came looking for you to tell you I'm sorry.
There's no defense.
I overstepped.
Have you had dinner? Day's over, rich.
Got to let it go.
You were there, Charlie.
Did we miss something? Did we make a mistake? For what it's worth, if I were on that jury, we'd still be fighting.
Thanks, Charlie.
Come on.
Come sit down.
Bring it with you.
I'm just gonna stand here.
Okay.
C.
D.
For that tagger.
Excuse me -- graffiti artist.
What more do you want -- Free paint? You hear me laughing? He has a job, Michelle.
It's a good job.
He just has to pass a background check, so I need his record sealed right now.
What, and skip the statutory waiting period? Yeah.
Good luck convincing Farnsworth.
But I won't oppose.
Are you on your way? Yeah, via a couple other courtrooms.
Friendly reminder -- Farnsworth's rule one -- 9:30 appearances.
"Promises to keep, and miles to go before I sleep.
" He isn't the only judge in the building.
No chewing gum, no food, no drink, no phones, no texting, no iPod, no reading, no napping -- you with me? - High-school detention -- I get it, Jerry.
- No worries.
Just take a seat not in the front row.
I'll be back.
I'm not feeling any love here for your guy.
I'm sure he had a miserable childhood.
A lot of folks do, and they don't grow up to commit hate crimes.
Play the violins at sentencing if you like, but -- - You're assuming a win.
- I like my case, Rich.
So take the win on the assault the hate-crime enhancement.
Making him eligible for probation? Forget it.
If we agree on a plea, you know both co-defendants will fold.
With or without a plea.
Well, then why did you meet with us, Marcus -- Just for the company? I actually thought your client might have gotten practical and decided to accept my offer of 31/2 instead of rolling the dice for 15.
31/2 is a long time when you've never been inside.
- Even when you have.
- Look, did he try to stop his homies? Did he get between them and the victim? Did he call 911? Did he shout for help? Because if he had, I think you would have told me already.
The assault had nothing to do with your complainant's sexual orientation.
- That's where we disagree.
- There was an accidental shoulder bump.
- There was some trash talk.
- "Faggot"? - "Homeboy"? - Oh, Roz, now you've hurt me -- Language like that.
Coming from a white man, you know it's racial.
But not racist.
Your complainant pepper-sprayed these kids.
And they beat him down to the ground in, what, self-defense? How about anger? Listen.
No, listen -- if hate didn't motivate the crime, then it wasn't a hate crime.
So, we pick a jury.
RAISING THE BAR -- Season 2 Episode 3 "The Curious Case Of Kellerman's Button" The people request that the motion be denied, Your Honor.
- There were certain - Ah, the late, not-so-great Jerry Kellerman.
- You missed roll call, counselor.
- I had another appearance, Your Honor.
Which took priority over my calendar? - It was a felony, judge.
- Well, call me selfish, but here in my house, I come first.
You just went to the back of the line.
Sit down and enjoy yourself, counselor.
Go ahead, ms.
Ernhardt.
Certainly, Your Honor.
The arrest occurred on 11/21/08.
I can't wait here all day.
Can you give me like a 10-minute warning when he's ready? - You better be ready to run when I call.
- Thank you, dear.
I'll be back.
Where are you going? Hey! You wanted to see me, Nick? Sit down.
Oh, that's never a good sign.
- People vs.
King.
- We're locked and loaded.
Make the best deal you can.
Shut it down.
What? W why? - I can win this.
- No Actually, you can't.
Either you piss off the black community by over-reaching or the gay community by under-reaching.
Those are both powerful lobbies at city hall.
So we lose no matter what.
You're not saying anything new, Nick.
What's really going on? You should have pled it already.
I let you play out the clock.
Without even bothering to tell me that was the plan? You're up against Roz.
She's tough.
I didn't want her female intuition sensing any weakness.
- Don't make this personal.
- It's very personal.
- My trial prep? - Good practice.
- You can't change how the world spins.
- We have an obligation to the victim, Nick.
I agree.
So go forth and punish the wicked, but do it without a trial.
I'm not dropping the hate-crime enhancement.
I love your zeal.
Just don't let it backfire on you.
Either you close the deal orido.
Don't make me make you look bad.
- Balco's shortsighted.
- But he's not wrong about the fallout.
Political expediency is a lousy organizing principle for a D.
A.
's office.
A trial sends the message that this city will not tolerate hate crimes, no matter by whom, no matter against whom.
Sounds like a closing argument.
Yeah, well, you're the only one who's ever gonna get to hear it.
You know the black community is watching this case.
And I know they've expressed their views long and loud to you, but they are rolling behind the times.
I mean, who's the face of the community in the courtroom when the prosecutor's black and the defense attorney? When there's a black president? I mean, we're showing up everywhere.
There is even a black chief of staff for the Manhattan borough president.
I see what you mean.
Infiltrating.
The real color problem is green.
All these minority caucuses need to put their muscle into economics, where it belongs.
- You know, you say you hate politics - I didn't say that.
but you have a voice.
As in loudmouth Yeah, I've been monopolizing.
- You could get votes.
- Thank you.
Only votes I care about are 12 in the box.
Jerry.
What happened? They called the case like right after lunch, man.
I waited for you.
Now, don't put your mad face on me.
- You were supposed to call me.
- And I tried.
He wouldn't let me.
Rule number whatever No courtesy calls.
He issued an administrative adjournment.
Okay.
- What time we on tomorrow? - Not tomorrow.
- July 16.
- July next month?! Mr.
Kellerman.
Thought I recognized that voice.
Interrupting me again.
I'm sorry, Your Honor.
I I you know, I I just could not spend the day here, as much as I would like to.
But we can't wait an entire month to dispo this case.
My client will lose his job.
Something you probably should have considered when you failed to appear on time.
That's two times in one day.
You're a slow learner, Mr.
Kellerman.
I meant no disrespect, Your Honor, but I I just need 90 seconds on the calendar tomorrow.
Newton's third law.
What? "for every action, there is an equal and opposite reaction.
" My reaction July 16th.
Yeah, well, t that that's, uh, an overreaction,judge.
Possibly, but I couldn't put you on the calendar tomorrow even if I wanted to which, parenthetically, I don't Because I'm in arraignment court tomorrow.
Please, judge.
Stop arguing with me, counselor.
Hold on.
No July 16th.
- Jerry, what did you do to me, man? - Don't worry.
- You keep saying that.
- I can fix this.
How?! You just buried any chance of hope from that guy! He hates us, man.
Thanks.
A little faith here.
Sure, man.
Whatever you say.
How'd you think this was gonna play out, McGrath? You sneak around behind my back, and you think I wouldn't notice? - What are you talking about? - First you betray my trust, then you insult my intelligence.
- At least show me the respect of being honest.
- What happened? The phone rang, with a message from on high You, Marcus McGrath, get to pick a jury for the gay-bashing case.
Surprised yet? I thought the message from on high was "deal it out.
" Usedto be, before the Manhattan borough president decided to take an interest.
What a coincidence.
You didn't ask your girlfriend, his chief of staff, - to see what she could do? - No, I didn't.
And she's not my girlfriend.
Well, she must think so, to start stirring the pot for you.
The most dangerous creature on the planet - is a helpful woman, Marcus.
- I'm sorry.
Not half as sorry as I'll make you if you lose this thing.
I told you I was ready for trial.
Yeah, now you better get the top count.
There's no margin for error.
- So win or die? - Close enough.
I can't protect you on the downside.
We have a solid case, Nick.
With the potential to embarrass everybody all the way up the food chain.
Except, of course, the lovely Miss Amelia, who has no exposure whatsoever.
We done? I thought that's what you wanted.
- You were wrong.
- You said a trial would send a message of tolerance.
The point is, you didn't ask me.
- You'd have said no.
- Exactly! I was trying to help! By doing an end run around my boss? You -- you humiliated me! It was supposed to be discreet.
Is that your version of an apology? I'm sorry you were embarrassed.
That's it? You got the right outcome.
Shouldn't that override your personal feelings? - So now we're talking about the greater good? - Yes! The greatest good would be for you to mind your own business! You're welcome.
Amelia, we got to be able to trust each other.
I didn't ask you to sit down, Marcus.
You want an apology, and I want a thank-you.
Looks like we're both getting disappointed.
You really don't understand.
Yes, I do.
You're upset about the process, but you can't tell me you're not happy with the results.
We could hear what they were shouting even before we got out of the car.
- What were they shouting? - "Faggot," "pussy," worse things than that.
Just about anything you can think of was coming out of their mouths.
Specifically about Mr.
Gradin's homosexuality? Yes, sir.
The two suspects were taunting him while they, uh, were working him over.
Judge kessler: let me remind the spectators again -- You are guests at these proceedings.
If you can't be silent, I'll kick you out of this courtroom! What did you and your partner do then? We grabbed ahold of whatever parts we could get our hands on, and we hauled the suspects off the victim while they were still kicking him and yelling their comments.
Was one of those suspects the defendant, Mr.
King? Yes, it was.
Agent Dunn, ??, not determing the cause, correct? That's right.
You have no personal knowledge of how the fight began, do you? No, I don't.
As a police officer, you're aware that the person who wins a fight isn't necessarily the person who starts it.
True.
In the melee, on a dark street, you can't be surewhowas shouting the slurs you heard.
Well, I know it wasn't the victim.
I know that much.
But you didn't actually see Mr.
King shout anything at all, did you? I didn't see the words coming out of his mouth like a cartoon balloon, if that's what you mean.
So "no"? No.
You did not see Mr.
King shout anything whatsoever at Mr.
Gradin? No.
Docket ending 8693-- People of the state of New York vs.
Enrique Moraga, charged with unlicensed vending.
Jerry Kellerman for the office of the public defender.
Waive the readings, not the rights, counselor? No, Your Honor.
The defense does not waive the readings.
The rules specifically give Mr.
Moraga the right to hear the entire charge against him.
It's an unlicensed icee cart.
With all due respect, Your Honor, you may consider that a minor offense, but it's very serious to Mr.
Moraga.
- Read the charges, please.
- Thank you, judge.
"Deponent states at the time and place of occurrence "he observed approximately four un-apprehended individuals "surrounding defendant and said cart "and further observed one un-apprehended individual hand defendant a sum of United States currency.
" - Your Honor? - Satisfied, Mr.
Kellerman? I'm sorry, Your Honor.
Would you instruct Officer Watkins to read slowly enough for us to understand her? Ms.
Watkins, could you read more slowly, please, for our slow listeners? "In exchange, "defendant handed to said un-apprehended individual an icee.
" Slow enough for you, Mr.
Kellerman? Almost, Your Honor.
I'm sorry, Ms.
Watkins.
Could you even read it slower? "Deponent further states that he approached defendant and asked defendant, in sum and substance, if he had a vendor's license and/or a tax certificate.
" Docket ending 4635 People of the state of New York vs.
Fabrizio Pisello, charged with disorderly conduct.
Jerry Kellerman for the office of the public defender.
Oh, gosh, let me guess.
I'm sorry, Your Honor, if the rules are inconveniencing the court.
Really? But the rules entitle every defendant Yes, so you have been saying all day long.
Mr.
Pisello has the right to hear the entire text of the charge.
Read the charge.
"deponent states that at the time and place of occurrence, he observed the defendant, Fabrizio Pisello, standing on a crate in the middle of a public sidewalk and shouting.
When asked to leave, defendant Pisello continuously shouted, I am the smiter, the lord of all things.
all who stand before me must bow, thereby creating a public nuisance and obstructing pedestrian traffic.
" Satisfied, Mr.
Kellerman? I believe there's quite a bit more on the page, Your Honor.
All right! You've made your point, counselor.
Advance people vs.
Clark to 9:15 tomorrow morning.
- Before court starts, judge? - We will be starting early tomorrow.
Waive the readings, not the rights, Your Honor.
It had been, uh, snowing, and only part of the sidewalk had been cleared, so there wasn't a lot of room to walk.
I had my head down in my coat collar, so I didn't see the three men coming toward me until they were pretty close.
The, um the defendant, uh, Mr.
King, threw me up a hard shoulder as he walked past, trying to bump me off the sidewalk.
Objection, Your Honor There's no way this witness could know what was going on in Mr.
King's mind.
Sustained.
Now, after Mr.
King and the other two men walked toward you, what happened next? Well, I I kept walking, but, uh, I was upset that he'd hit me, so I turned around.
And what did you see when you turned around? The three of them had stopped and were staring at me.
Did they say anything? Mr.
King said, uh, "what are you looking at, faggot?" How did you respond? I said, "excuse me?" and he said, uh, "don't think so, bitch.
" What did you do? Well, the three of them started walking toward me, and, uh And I was afraid to turn around in case they would jump me, so I pulled out my pepper spray and, uh, shouted, "don't come near me.
" But that didn't stop them, did it? No.
No, they, uh, they thought it was funny.
Mr.
King said, uh, "what are you gonna do, faggot Spray my hair?" Please! Thank you, Your Honor.
Then what happened, Sean? I blasted the guy closest to me and ran like hell.
I was hoping the other two would stop and help their friend and I could get away.
- How far did you get? - About half a block before they, uh, knocked me to the ground, started kicking me, beating me.
I thought I was gonna die right there on the sidewalk with the frozen dog crap.
And, uh And they were laughing.
Was Mr.
King one of the two men beating you? - Yes.
- Did Mr.
King say anything during the assault? "How do you like that, faggot?" "Does that feel good, homo, you mother-f'ing queer?" and on and on.
He did not use the, uh, the euphemisms I just did.
Why do you carry pepper spray, Mr.
Gradin? Because I've gotten mugged before.
What happened? - A couple of black guys jumped me when I was coming out - So, when you saw three young African- American men walking toward you, you felt threatened.
Yes.
I did.
I wish that weren't true, but that's the reality.
And when you and Mr.
King bumped shoulders It was not an accident.
He was baiting me.
- So you turned around.
- Yes.
To confront them.
- To show them I wasn't going to be a victim.
- Again.
Yes.
And you were angry at the disrespect you perceived.
There's no other way to perceive having someone call you a faggot on the street, like Mr.
King did.
I was offended.
I was hurt.
I was scared.
But you weren't scared enough to avoid confrontation, were you? You don't run from a predator.
You stand your ground, or they take you down which, by the way, is exactly what happened.
After you pepper-sprayed one of those boys and he was on his hands and knees.
I was protecting myself.
You were the only one with a weapon, weren't you? They had their fists and their feet.
- I was outnumbered.
- But not one of them raised a fist or a foot at you until after you used your pepper spray.
They were coming toward me.
They wanted to hurt me because they thought they could.
And you were angry enough to want to hurt them first.
- No.
- When you took out a chemical weapon and you started blasting that was your word, Mr.
Gradin That wasn't about defense.
That was about offense Payback for insulting you.
I was just trying to keep myself safe.
Obviously, it wasn't good enough.
Ah, Mr.
Kellerman.
An entire minute early? That must be a first for you.
- Thank you, Your Honor.
- Could have used the extra sleep, Jerry.
Yeah, try cutting back on your extracurriculars.
Ready when you are, my dear.
Court is now in session.
The honorable Albert Farnsworth presiding.
Docket ending 9863 People of the state of New York vs.
Owen Clark, formerly ACD'd.
Uh, the defense requests Uh, Mr.
Kellerman Button.
Rule 8.
What? Appropriate courtroom attire That means ties and buttoned collars for male court personnel.
Thank you.
Button your collar, please.
I I can't, Your Honor.
The button's missing.
Chambers.
Not you, Ms.
Ernhardt.
This has nothing to do with the case before the court.
Have a seat.
Take off your shirt.
You're going to sew a button on for me? I assumed if you knew how, you'd have done it already.
Don't you have anyone domestic in your life? No, uh No, nobody I'd call domestic.
Sit down.
You think I'm demented.
Oh, be polite.
How about "eccentric"? Okay.
Is it the gun or the rules? - Both, I guess.
- You know what they have in common? Iron clad.
Hey.
That's pretty good.
No.
They both demand respect.
Please, uh, don't shoot me, judge, but your rules don't make any sense.
Rules, Mr.
Kellerman, are meant to impose order on chaos.
That's the very purpose of the justice system.
An unbuttoned collar? A sign of contempt for the authority of the state, which I personify.
- Or just a missing button.
- Well Not anymore.
Voila.
Structure works.
Rules work.
Order works.
No matter how dysfunctional the rest of the system is, I fully intend to make my courtroom a model of efficiency and decorum.
Is that understood, counselor? - Yes, Your Honor.
- Good.
- I'll hear your motion tomorrow morning.
- J judge, please 90 seconds.
You got me in here early, and you wasted my time.
Now my real day starts, and I've got a full calendar.
See you at 9:30.
With your collar buttoned.
I've been doing door security at the out house fortwo years now.
What kind of establishment is the out house? It's a gay cruising bar.
What does that mean? Men come to meet other men for sex.
On the night we're talking about, was Mr.
Gradin a customer? Yes, he was.
- Did you have an altercation with him? - Yes, I did.
What happened? I heard shouting near the pool table, which is always a bad sign.
So I hustled over in time to see Mr.
Gradin toss his cocktail in another customer's face.
Did Mr.
Gradin appear Drunk to you? I wouldn't say he was drunk.
He'd certainly been drinking.
So I escorted him to the door.
Did he go peaceably? He did not.
I had to physically put my hands on the man, which I hate doing because of the risk of liability.
And how did Mr.
Gradin react? He told me if I didn't take my hands off him, he'd pepper-spray me.
Did you see any part of the initial encounter between Mr.
Gradin - and the defendant? - No, I didn't.
Did you see any part of the assault on Mr.
Gradin? No, I didn't.
So, you have no personal knowledge whatsoever about what actually happened between Mr.
Gradin and the defendant.
Not really.
Not at all.
We was just headed for the subway me, Andre, and Jomo Just chilling.
And we see this guy rolling toward us like he owns the sidewalk.
- Sean Gradin.
- Yeah, him.
Like we need to move out of his way.
But, okay, I gave him a little space.
Not enough, I guess, 'cause bam! Smacks me with his shoulder.
So Mr.
Gradin bumped into you? Yeah, like we was supposed to be all single-file or something.
Man, we got the same right to the sidewalk as him.
And then what happened, Darell? I turned around, like, "what was that?" and he giving us the evil eye, like we done something.
So, I said, "what you looking at?" did you say, "what are you looking at, faggot?" Okay, I know I shouldn't have said that.
I was just trying to, you know, get in his head for slamming up against me.
Darell, did you think that Mr.
Gradin was a homosexual? It wasn't like that.
"faggot" ain't the same as "homosexual.
" Well, what's the difference? "faggot" means like "pussy," "bitch.
" It's just something guys say to each other.
And how did Mr.
Gradin respond? He yelled, "excuse me, homeboy?" like, of course, we got to be thugs All that black skin he was seeing.
But black don't make us gangstas.
And what happened next, Darell? We just wanted to back him down, like, "what?" that's when he whipped out his little can.
Did you know it was pepper spray? Not till he squirted it in Jomo's face.
We just thought the guy was fooling around, but no, he wasn't.
Jomo dropped.
The guy ran.
Andre took off after him.
And what did you do, Darell? I tried to stop the beatdown.
No, Andre was all over the guy.
I couldn't pull him off.
That's when the cops showed.
- Did you hit him? - No.
- Did you kick him? - No.
Did you shout anything else at him? No.
That was Andre.
No, I I just wanted us all gone.
Darell, let's be real.
You and your friends knew Mr.
Gradin was gay 'cause he's proud of it and he shows it.
- I wasn't paying attention to none of that.
- You called him a faggot.
- It's just a word, man.
- Like "homeboy" is just a word? Yeah.
But Mr.
Gradin had already disrespected you, hadn't he? When he didn't get out of your way, when he wasn't afraid of you.
That's why you gave him the shoulder bump - You weren't gonna let a gay man dis you.
- No, wait up.
He did that to me.
He's the one who started it.
He was alone.
There were three of you.
Well, maybe he's into that pain thing.
nah, I'm justsaying That Mr.
Gradin wanted you to break his jaw, crack his rib, and bruise his spleen and sprain his wrist That's what you're saying? Nothing would have happened without him using his damn spray on us.
- That wasn't right.
- You had to settle it.
N not me.
- You chased him down.
- No, no, t that wasn't me.
The police officers had to pull you off him while you were still kicking and beating him.
No, I was trying to help the guy.
Anybody ever call you a faggot, Darell? Not twice.
Because you're not a homosexual.
That's what the word means, doesn't it? - Powerful insult.
- Yeah.
Why? Don't look there.
Look here.
Because they're weak, that's all.
They're not men.
- Like you and your friends.
- Yeah.
Who decided to prove your manliness by attacking a homosexual - because he didn't act weak enough.
- No, that's not how it happened, man! - Because a gay man had the nerve to defend himself! - No, I'm trying to explain myself! - Done, Your Honor.
- No, wait a minute! I'm not! Yes, you are, Mr.
King.
- Are you ready? - More than.
Ooh.
And that'll help.
Thank you.
Kellerman! I know.
I know.
You're right.
This is not part of a healthy meal plan.
Yeah, well, that's your problem.
My problem is the stunt you pulled in arraignments yesterday.
- It worked.
- For one guy.
My guy.
What about everybody else on the calendar who just maybe could have slept in their own beds last night instead of a jail cell if they'd actually been arraigned when they should have been? And did you even think about all of our other clients waiting their turn? - Not exactly like that, no.
- No.
Now, I don't need you making life more complicated for people whose lives are already complicated, and that includes your colleagues.
Farnsworth was screwing my client just for the exercise.
No, he needed to learn he can't push me, because i'll push him back.
I'll escalate him right off this planet.
And it wasn't just this client, Roz.
I was protecting all our clients.
You know.
You know I'm right.
At least your courtroom shirt's still on the hanger.
Put it on, button up the collar, get to court on time, and show some respect.
How much? Be cool.
Good luck.
I don't see much wiggle room here.
Y Your Honor, the people have joined the defense's request.
What Ms.
Ernhardt actually said was that the people don't oppose the motion to seal the defendant's records.
But her solidarity with you doesn't change what the statute says.
It specifies very clearly that there shall be a six-month waiting period Not "can," not "may be.
" "shall" means "will.
" The court has no choice.
Mr.
Kellerman, what are you doing? Rules are intended to impose order on chaos, Your Honor, but if they're written too narrowly, they can fail to accommodate unforeseen circumstances.
They can cause unintended consequences, like derailing my client's future over a single word "shall," which, incidentally, is more ambiguous than the word "must.
" If you'll allow me to give you another example, Your Honor I'm standing here in complete compliance with the court's rule 8 Ties and a buttoned collar for all male courtroom personnel.
I haven't broken the rule, but I've obviously evaded it using a technicality.
I am dying to see where you're going with this, but you can button your shirt before you give the ladies palpitations.
The statute that's causing the problem does not prevent the court from restoring the A.
C.
D.
and dismissing the case today.
No, it doesn't.
Very good.
Very inventive.
Thank you, Your Honor.
I it's more like desperate.
Do the people agree? The people offer no objection.
Well, well, well.
Lucky you, Mr.
Clark.
The A.
C.
D.
is hereby restored, and this case is dismissed.
You can go back to work.
Don't come back.
You can call the next case, Ms.
Watkins.
Nice abs, Mr.
Kellerman.
Just so we're clear If Darell King and his friends were white, there would never have been a fight that evening.
Sean Gradin made a racist assumption about three young black men who were walking home.
He picked a fight at the bar.
Then he picked a fight on the street.
When Sean Gradin blasted his pepper spray in a first strike, that was assault.
And if Darell's friend Andre hadn't reacted in anger, Sean Gradin would be the one sitting at that defense table right now, not Darell King.
Yes, Darell used an ugly word.
He called Mr.
Gradin a faggot in the heat of the moment.
It was cruel.
It was stupid.
But it was not a crime.
Darell didn't run after Mr.
Gradin to hurt him.
He was trying to help him.
He was trying to pull his angry friend off of the man who had just attacked them.
Despicable things were said, but not by Darell.
Now, you may hate the words as much as I do, but you must distinguish between angry words shouted in a fight and a specific intent to target a man because he is gay.
Don't let the words goad you into convicting an innocent young man of a crime he never intended.
Darell King is a thug.
He and his buddy beat down a gay man not for anything he had done, but simply for what he was a homosexual.
The defense has tried to argue that Mr.
King was not committing a hate crime when he initiated the assault by taunting Mr.
Gradin as a "faggot," nor when police officers had to pull Mr.
King and his friend off of their victim while they were still beating him and kicking him and screaming homophobic slurs at him.
But you know what was going on.
And you know why.
It's called gay-bashing.
We can show We must show that here in New York City, we will not tolerate hate crimes, no matter by whom, no matter against whom.
Look at what Darell King said.
Look at what he did.
Ask yourself why.
Then convict him for assault for the beating he inflicted.
Convict him of hate for the bigotry that caused it.
God, I am sweating.
And, no, it's not a hot flash.
It's the gallery.
You know, the presence of the public never improves a trial.
- I just wanted to lock the door.
- The fishbowl effect.
Although, I got to say, it brings out the best in McGrath.
His summation almost convinced me.
Almost? I thought you were rooting for him.
Why? Because I'm gay? No, I thought they overcharged the case.
It's not a hate crime.
It was an altercation that escalated to assault.
Yeah, and it would have turned into a murder if the police had acted any slower.
Geez, Charlie, I just I kept thinking that it could have been you.
Gradin was not targeted because he was a gay man.
Not that my opinion matters.
Or yours.
God! I need a lunchtime yoga class.
- If I was on the bench - You'd need yoga, too.
and the verdict came back "guilty," I wouldn't impose the max just because the people got aggressive.
Same facts, no politics, no hate-crime enhancements, the guy would have been offered probation Maybe six months and probation.
Why are we speculating? Would you hit him with the full 15? I would honor the people's request.
The guideline say that you can start at 3 1/2.
Let's just wait for the verdict.
Me, I'd start somewhere closer to the bottom of that range maybe five.
And very possibly, you would be overcompensating.
Has that occurred to you? Well, I wouldn't be looking for a headline.
Tell you what, Charlie Let's revisit this discussion if you make it to the bench.
It takes more than merit, Charlie.
You need friends.
You need allies.
You need backers.
And if you can't handle that, you're never gonna get a chance to hang up your own robe.
Will the defendant please rise? In the matter of the people of the state of New York vs.
Darell King, on the count of assault in the second degree, how does the jury find? Guilty.
And as to the special interrogatory, asking, "did the defendant intentionally commit the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the sexual orientation of the complaining witness?" How do you find? We, the jury, find that he did.
Yes! Thank you, ladies and gentlemen of the jury, for your service.
You are dismissed.
- You will do anything for a client.
- You are amazing.
- You do know that Farnsworth is gay? - Crossed my mind.
Stripping for a gay judge That's smart.
That's effective.
No.
It's not like that.
- Hoping this isn't a coincidence.
- I'd be lying.
- Buy you a drink? - My treat.
- Congratulations.
- Could have gone either way.
Now you're just being modest.
I can't just do small talk with you, Amelia.
Doesn't work.
Okay.
Well, I Came looking for you to tell you I'm sorry.
There's no defense.
I overstepped.
Have you had dinner? Day's over, rich.
Got to let it go.
You were there, Charlie.
Did we miss something? Did we make a mistake? For what it's worth, if I were on that jury, we'd still be fighting.
Thanks, Charlie.
Come on.
Come sit down.
Bring it with you.
I'm just gonna stand here.
Okay.