Raising the Bar (2008) s02e07 Episode Script
Fine and Dandy
i'm at my parents' place in brooklyn for the week.
So, y-yeah, text or use the cell.
Thanks.
I will.
welcome home.
hey.
hey.
I, uh -- I was gonna call you.
Oh, I-I know you were busy.
So, toledo, right? Funeral was thursday.
I'm sorry.
Kicker is he hadn't even told them about the divorce.
The whole funeral was a charade -- His family consoling the grieving widow.
Ouch.
Yeah, well, at least there's work.
You never know how many clients you're juggling until you Miss a week.
Uh, speaking of which, I pled jenkins that year you wanted.
Oh, yeah.
The motions on chamberlin, I knew they were due, so I-I took care of that, as well.
Thank you.
Want to get a coffee or something? no.
Thank you for -- For all of this.
Um, I just -- I have a million things left to do and, you know, only one office day, so Well, I can get you an extra day if you need it.
What I need is to be alone so that I can get back to even.
Of course.
Yeah, sure.
Glad you're back.
On an august night on a harlem corner, darnell taylor, a 43-year-old air-conditioning repairman saw two kids arguing.
He saw one of them pull a gun.
Darnell could have kept walking, made the safe choice, but he asked the good samaritan's question "if I do not stop, what will happen to him?" so he intervened.
Like a sleight-of-hand magician, mr.
Kellerman wants you to ignore what's right in front of your eyes, ignore the testimony of police officer tommy boozang, who told you everything you need to know in this case.
He got a radio run of a man with a gun.
He responded to the corner of 155th and bradhurst, where he saw -- What do you know? A man with a gun.
And, in an astonishing display of courage, disarmed the man, took the gun, thwarted a shooting.
Whose dna was recovered from the grip and whose fingerprints were found on the slide.
His thumbprint is on the slide facing toward the grip.
What he did is known as temporary, lawful possession.
Darnell had the gun when the police arrived because he'd temporarily taken it from someone else.
And what did Mr.
Taylor, a convicted felon, do when he saw officer boozang? Did he run up to him and say, "thank god you're here.
I just disarmed a kid"? no.
He chucked a 9-millimeter taurus semiautomatic under a parked car and ran away.
He is innocent Because the law allows us to do what he, and he alone, had the courage to do.
He merits our thanks.
And he deserves an acquittal.
Simple.
Easy.
Guilty.
will the defendant please rise? In the matter of the people of the state of new york vs.
Darnell taylor on first count of the indictment charging criminal possession of a weapon in the second degree, how does the jury find? Not guilty.
ohh! Uh, Mr.
Taylor, you are acquitted.
That means you are free to leave.
Ladies and gentlemen, always a pleasure.
Court is adjourned.
Let's go.
Baby, baby, baby, baby! ohh! Thank you.
You're welcome.
Thank you for bringing my baby home.
You know what I'm looking forward to? A full slab of donaldson's ribs.
You ever had them before? no.
I'm telling you, jerry, they're the best.
Darnell taylor? What the Step aside, please.
Up against the wall.
What's going on? I'm his lawyer.
I'm his parole officer.
Mr.
Taylor here violated the terms of his parole.
No! What are you talking about? I've been in jail for two years.
You can't do this! We'll serve him with charges tonight.
You want to talk to him, do it in lockup.
What's going on, jerry? I don't know.
I don't know.
But we'll figure it out.
Don't say anything.
And don't waive your hearing.
I'll see you tomorrow.
Punctuality is critical.
I can't stand waiting.
And competence -- Basic, simple competence.
And hair -- Hair is nonnegotiable.
That may limit me slightly.
There is a wonderful man -- Co-founder of a well-known accounting firm.
Oh, that sounds awful.
Trudy, let me give you my two cents before you give me your 10 grand.
You want a handsome bachelor to tootle about with, i'm not your best choice.
So successful and attractive is too much to ask for? Successful and attractive is easy.
Successful, attractive, andfaithful-- less so.
Add in self-respect, a desire to commit, and we're fishing in a very small pool.
Thus your hefty fee.
I get paid not only because I know these waters intimately, but because I help my clients see themselves honestly.
That's why I'm here.
You are an accomplished, attractive woman.
What you need is someone bright and secure enough not to be intimidated by you who can appreciate who you are and what you have to offer.
At this point, I would settle for straight.
Now, that we can do.
Hey, counselor, excuse me.
Vince, what's up? Sorry to bother you, mr.
Woolsley, but I got someone brought in on an old warrant.
Judge asked me to find someone to represent him.
Who was the original attorney? Some guy named miller.
The judge said he'd just left your office.
Told me to find a warm body to stand up on it, no offense.
Consider it a favor.
Yes, sir.
Front of the line when you need it.
Deal.
Got the papers? So, last night, i'm in the park with a friend and we're having a beer and this -- you know, this cop walks up and he writes me a ticket for the beer.
I mean, no big deal.
I start to walk away, but then he say I got a warrant.
Yeah, it looks like a guilty plea -- Turnstile jumping from About three years ago? Yeah.
I'm flying around town, king of the bike messengers, man.
I come out of this place, and my bike is gone.
U- shaped lock -- It turns out, they can pick it with a pen cap.
You didn't report it? I had deliveries to make.
I didn't have an hour to wait for Mr.
Doughnut to tell me that nypd ain't getting my bike back.
You didn't have money for the train? Hey, I-I figured it was only gonna be four rides.
All I had was keys and a few dollars for a bottle of water.
I felt if I could just make it through the day, man, everything would be okay, and I wouldn't be going through this.
But they caught you.
Yeah, second-to-last envelope, man.
out come the cuffs.
I went through the system.
My boss -- he fires me.
It's all downhill from there.
But I-I thought this case was dead.
I mean, like you said, I already pled guilty to this.
Except that you still owe the $75 fine plus 160 bucks in court costs.
Think you can pay it? Not today.
man, I just started a part-time job, but -- but I got to make my rent, and I still owe back support to my ex.
I me-- can't you get me, like -- like -- Like community service instead? fine.
45 days in jail.
from the audience, angel gutierrez, involuntary return on a warrant.
Defendant pled guilty to 165.
15.
Sentenced $75 or 30 days.
Richard patrick woolsley, office of the public defender.
Mr.
Gutierrez has been unable to pay the fine.
He lost his job.
What's the total here? With court costs, $235.
Any prior extensions? Yes, judge.
One.
Any payments? No, ma'am.
Okay, execute sentence.
Judge, would you consider resentencing him to community service? He'll work it off.
Two years of nonpayment? That would be a no.
Officer, take charge.
Judge, you can't incarcerate mr.
Gutierrez because he's poor.
He's incarcerated because he violated a promise to this court.
Isn't that right, mr.
Mcgrath? Uh, yes, judge.
Actually twice.
Twice? Wow.
yes, It seems that Mr.
Gutierrez has already been given an extension.
I tried.
I- I lost my job.
Either way, your honor, if he'll be released upon payment, the only thing holding him is nonpayment.
People v.
Mackey says you can't hold him.
That's a nice try, Mr.
Woolsley.
But there's nothing here in the record to indicate that he's indigent.
Then I want a hearing.
The law says I get one.
And I say you don't waste valuable court time with frivolous hearings.
Deny me and I'll bring a writ.
Consider very carefully, mr.
Woolsley, whether you want to pick this fight.
Fine.
I've considered.
I want the hearing.
Four damn steps as a free man and I am right back in here.
What the hell is going on? All right, parole is bringing charges -- What charges? Did I change my address? Yeah, to rikers.
Did I consort with other parolees in my cellblock? I've been locked up for two damn years just waiting for this bogus-ass case to get kicked.
What could they possibly have on me, man? Criminal possession of a weapon.
It's the same case.
I was acquitted.
You're still on parole for the manslaughter.
That old sentence was 7 to 21, right? Yeah, and I did my nine, come out, spent the next eight years building my life back up, and then this.
But you still owed four years when you got arrested.
Commit a crime during your parole, they can revoke it.
But I didn't do the crime.
Jury just said I didn't.
Technically,the jury said you're not guilty beyond a reasonable doubt.
Parole board has a different standard.
So they charged me again.
Ain't that like double jeopardy? It doesn't apply.
Not to a parole-revocation hearing.
So we got to try the whole case over for them.
Pretty much.
The only thing is, this time, we don't get a jury.
I thought that if we could talk about the situation Maybe we could, uh come to some kind of understanding.
An understanding? Yeah.
What is it exactly that you don't think I understand? How about eight years without so much as a traffic ticket? Oh, and you think that makes him a model citizen? More than five years as an air-conditioning repairman, a stable relationship with chante.
And possession of a fire arm.
Yes, for which he served two years just waiting for an acquittal.
Isn't that enough punishment? Look, my job is to keep people on the straight and narrow.
I do that by being tough and clear.
They know I cut them no slack ever.
'Cause if I get loose, they get loose.
And if they get loose, bad things happen.
Just just lift the warrant.
Let him go.
Impose whatever condition you want.
Watch him like a hawk.
You want me to give him the benefit of the doubt? yes.
If I do that for him, then all these guys out here They're gonna think i'd do it for them.
So no.
You got the wrong guy, counselor.
I called my job.
I told them I was sick.
But if I'm not out by friday, there's no more job.
What about family, friends? I can make the calls.
I owe my ex.
And my other daughter -- She don't even talk to me.
I mean, I got friends, but not like that.
So there's no way.
And I was so close, too.
I just got my apartment back like seven months ago.
Just when things seemed to be turning around, some old fine is gonna put me right back out on the street.
Moo shu veggie, extra pancake.
Charlie.
aah! I'm sorry.
Ahh!Don't be ridiculous.
Turn around.
I need your advice.
What do you think? Either one of these right? For what? The opening of the donatello exhibit tomorrow night.
I'm going with phillip harfleur.
You have a date.
Really? Is it that shocking? No, I just Charlie, I'm an attractive, accomplished woman.
Why shouldn't I spend time with someone who appreciates me for who I am and what I have to offer? Let's see the other one again.
Salt-and-pepper shrimp in the shell, moo shu pork, extra pancakes, and kung pao chicken.
What's the occasion? Richie's birthday.
oh.
You know anything about, uh, parole hearings? I did one in brooklyn once.
And? It was hell.
Well, thanks for that.
You're not staying for lunch? no, I've got to get to it.
Hey.
Ladies and gentlemen, the birthday boy.
Yeah! Hop yee? Awesome! You guys are the best.
What do we got? There you go.
Where's the sweet-and-sour? Dude, just eat it.
Speaking of eating it, your pal kessler put a guy in for 30 days this morning over a $75 fine.
She seriously needs to get laid.
hey.
Sorry.
Even if it's true Are you volunteering? I'd rather do the guy's time.
I'm administrative law judge edward leiden, and this is the final revocation hearing for, uh, darnell taylor, uh, 95a8201.
Officer garcia, are you ready to proceed? Uh, yeah, we, uh, call officer tommy boozang.
Officer boozang, did you catch mr.
Taylor there with a gun? that's correct.
Want to give us the details? About 15:20, my partner and I got a radio run of a man with a gun at 155th and bradhurst.
We hit the lights and sirens, roll over there, and see Mr.
Taylor there with a 9 in his hand.
Then what? He gives us a tough-guy look like, Then what? He gives us a tough-guy look like, "what are you gonna do about that?" objection.
Rules of evidence are relaxed here, counselor.
Go ahead, officer.
Anyhow, he takes off running.
I give chase.
My partner calls it in, and your guy there dumps the gun under a parked car.
You get him? Sure.
An officer and another rmp cut him off at the corner.
I grabbed him.
We got the gun Loaded taurus 9-millimeter.
Game over.
When you saw the gun for the first time, it was in Mr.
Taylor's right hand, correct? Correct.
And obviously, he was holding it with his hand around the grip.
He was.
And he was running northbound on the west side of the street.
Right.
Ditched the gun under a parked car, which was just to the right as he ran? Yeah.
Like that? Tossed it away, releasing his hand from the butt of the gun? Just like that.
And obviously, since he was running, you never saw him shift his grip in any way? Nope.
And there were other people standing around, weren't there? Not with a gun.
But there were other young men standing around.
Yeah.
Now that I think about it, one of them yelled, "ditch the gun, d.
" Objection.
Hearsay, and I'd ask that be stricken and you instruct officer boozang to answer my questions.
No, actually, uh, hearsay's admissible in this proceeding.
You have no idea what happened before you arrived there.
Nope.
Just saw what I saw, heard what I heard.
how about a car? I walk or I take the bus if I got carfare.
Computer, cellphone? Got anything like that? No, sir.
Ever had a bank account.
.
savings, checking, anything? When I was working, I opened up a savings account.
Still have it? It's had a zero balance for about a year now, and with the fees, I- I owe them money.
How about a credit card, debit card, anything like that? No When you were working, how much money did you take home in a day? Well, I was making minimum wage, so after they hold the taxes, it's about $40, $41 a day.
But then there's, um, 4 bucks for the train fare to work and back, another 3 or 4 bucks for lunch, and at the end of the day, I come home with maybe $32.
And what did $32 a day have to cover? Rent, food for me and the kids, clothes, school stuff -- Basically everything.
I mean, I got paid every two weeks, but we never had a cushion.
So, you know, towards the end, we just did whatever we could.
What do you mean? Potato surprise.
Sometimes not even that.
You went hungry.
I tried to feed the kids.
Whatever was left, I ate.
So, when you were working, how much was $235 to you? It's like two weeks of work.
After you were arrested for hopping the train, What happened to you? I lost my job.
What did that mean to you and your finances? We had to go on public assistance.
We lost our apartment.
We we were homeless for a while.
My wife -- she left and, um, t-took my daughter.
Mr.
Gutierrez, do you need a minute? no.
I'm sorry, judge.
After you lost the job, what did you do for money? I applied for food stamps, went on welfare, tried to send whatever else I had left to my ex and my daughter.
tried to send whatever else I had left From the time you lost your job, right after pleading guilty in this case to hopping the train, did you ever have savings of $235? No, sir.
We could agree to community service.
Two years ago, this guy made a deal to avoid incarceration by agreeing to pay a fine.
He didn't pay! Johnson! What, the day's almost done, and your cop's still here! Let's go! And he's spending the night in jail because of it.
Why not let him work it off? hey.
What? Your knee -- is it okay? Yeah, fine.
Why? 'cause I swear I just saw it jerk.
What? Everyone's got an excuse.
You accept them all, the system falls apart.
Did this guy even try to renegotiate his deal before he was arrested on the warrant? Well, no, but he -- Does he have a job? He does now.
Then it's not poverty, marcus.
It's contempt for the system.
Guy's just trying to get over.
So you think he's sleeping at rikers tonight over some fine he just doesn't feel like paying? You win the hearing, altar boy, and watch how fast he or some pal coughs up the cash.
No, I'm just saying it shouldn't be about wealth.
This is really how you want to spend your birthday? Personally, I think that they should fine you a percentage of your net worth.
Okay, karl marx.
I'm serious.
Make a traffic ticket like 2/10 of 1%.
You make $40,000 a year, no other assets, you pay 40 bucks.
You make a million and have 10 in the bank, you pay $22,000.
I mean, why should it hurt the working guy so much? So a speeding ticket costs bill gates 12 million dollars? Sweet! You know, I promise you'll hear a lot more complaints from the rich if those fines meant as much to them as they do to our clients.
I hope you put that on my tab.
Guys, birthday drinks on me all night.
Next one.
Thanks, rich.
I'm dry.
Who needs? me.
I'll give you a hand.
So, how you holding up? Still boxes everywhere, but the house is mostly packed.
It's amazing how much stuff we can accumulate, isn't it? Looking at all of it, I was like, "wow, I'm really a material girl.
" Whenever I move, my brother-in-law, he just swoops in.
Like vultures.
"you taking that couch? I love that rug.
" My cousin scoped out the whole apartment looking to furnish her dorm room.
Well, at least you're almost done.
Appraiser comes next week.
That's good.
so, you talking to anyone? You've been through a lot.
Suicide is a traumatic thing.
I'll be fine, roz, really, just as soon as I find a place.
Okay, just make sure it's a place you want to wake up in.
Safe, secure, and comforting go a long way.
Yeah.
Yeah, I guess they do.
So, he pull out a 9, and I'm like, "chill, yo.
" But then "d" -- I mean, darnell -- step in real cool, tells the kid to give up the gun.
And did he? Yeah.
"d" just reach out all smooth and took it out of his hand.
Then we all hearing the sirens and cops coming, and everybody runs.
And how long before the police got there did Mr.
Taylor have possession of that gun? Like a few seconds.
A minute, maybe.
thank you, christopher.
Mr.
Garcia.
You got a felony record, right? Yeah.
You know the name of the kid you say had the gun? Nah, he just some little roly-poly kid.
Can you tell us anything else about him? Not really.
I don't know him like that.
but after Mr.
Taylor took the gun, what happened? The cops rolled up right away.
I split.
You know the name of the kid you say had the gun? Nah, I see him around the neighborhood, but that's it.
You got a felony conviction for assault, right? Yeah.
Fight at school.
So, how exactly did he take the gun? Like, you want me to show you? Yeah, sure.
Okay.
Like this.
Thank you.
You know the name of the kid you say had the gun? nah.
I think he go to a different school.
You got a juvenile record for robbery in the second degree? Me and some kids took another kid's jacket.
Thought that was sealed.
Not in here, it isn't.
My god, how many times can you listen to the same old excuse? Well, you are in criminal court.
I understand not being able to pay the fine, but just ignoring the problem? I mean, there's a warrant out for your arrest.
Can you imagine? I can't imagine going through life without an atm card.
Well, let's hope we never have to try.
Okay.
Okay, quiz me.
You're studying for your date? Phillip harfleur has a degree in art history.
He also has an mphil from oxford.
And you are a respected jurist with a J.
D from columbia.
So I'm just freshening up.
Come on.
Come on.
Hit me.
Okay.
Um What year did Donatello sculpt St.
Rossore? aah! I knew that.
Mnh-mnh.
1425.
1425.
1425.
1425 10 years after the Siege of Harfleur.
Can you imagine having a town named after your family? Okay, let's go.
Back to court time.
Come on.
A couple more.
Mr.
Gutierrez, you pled guilty knowing you didn't have the money to pay the fine.
My lawyer said it was the best thing.
I mean, I was working.
I thought I could pay it off.
But then you lost your job.
Yes, sir.
Did you call your lawyer to tell him you couldn't pay? No, sir.
Did you come to court to explain why you couldn't pay? I didn't know I could do that.
I was afraid they would lock me up.
You said you are no longer homeless.
No, I applied for section 8 housing, and I found me a place.
You smoke? At $9.
50 a pack? No.
I got to keep the money for the food.
Do you own a couch? yes.
How about a bed? yes.
Lamps, dishes, glassware? Yes.
Television? Yes, sir.
Do you get cable? No, sir.
How about a house phone? Do you have a phone in your house? Yes, sir, but it's so my job can call me and I can call my ex.
So you do pay a phone bill each month.
Yes, sir, but the basic minimum local plan.
It's like $14.
99 a month.
No further questions.
Angel, where did you get that bed, the couch, all the other furnishings? They were donated by nycha.
And if you hadn't gotten them donated, what would your apartment look like? Empty.
Thank you.
Mr.
Woolsley, do you wish to be heard on the motion? A $75 fine sounds like a pittance A steak dinner for Mr.
Mcgrath, half of what your honor probably pays for a haircut, six minutes of a law-firm partner's time.
But add in those mandatory court costs, fees, and for angel gutierrez, that $75 becomes $235 The difference between a full belly or going hungry, between walking four miles each way to work or being able to take the bus.
The difference between a home and homelessness.
Our constitution says, cuote: "excessive fines shall not be imposed, nor cruel and unusual punishments inflicted.
" I know it's hard to find a $75 fine unconstitutional, but spend a day with someone just squeaking by, feel for a single minute how tenuous poverty can make life feel, and I promise you will understand.
And that understanding is all I'm asking.
Mr.
Gutierrez had options.
He didn't have to plead guilty, agree to a fine, or squander the extension the court had already given him.
But he did.
Instead of taking advantage of his options, he ignored his responsibilities, shirked his obligations, and didn't keep his promises.
He deserves the benefit of exactly the bargain he struck $75 or 30 days.
By not paying, he's already made his choice.
It's not good, darnell.
You toasted them, jerry, and I ain't even testified yet.
Which is why I wanted to talk to you now.
The man's got to do the right thing.
No, he doesn't.
He a judge, jerry.
Have some faith.
In a kangaroo court? The administrative law judge might as well work for parole.
Look, we got all the witnesses.
We got the fingerprints.
Listen to me.
Listen to me.
The witnesses mean nothing to this guy.
The minute garcia asked them about their records, they might as well have been invisible.
And your fingerprints He just thinks that puts a gun in your hands.
So you saying we still gonna lose? If we had something Some detail about that kid you took that gun from A name.
I can't give you what I don't know.
Okay.
Then you testify tomorrow.
you've, uh seen the pulpits? At the church of san lorenzo? Wonderful.
And you know florence? A little bit.
Actually, my favorite part of tuscany is maremma.
mm.
College, uh, eurorailing? No, actually, it was a state department rule-of-law conference.
What about you? My first wife and i, we had a villa near Panzano.
It was about an hour from there.
Mmm.
Trudy, I consider myself a direct person.
I.
.
I have to be honest with you.
Well, I wouldn't have it any other way.
You know what they say: "Honesty is the best policy".
Then, honestly, you're a lovely person and clearly accomplished.
But I don't think that there's any chemistry here.
Do you? You know, phil, you are a very nice man, and I feel exactly the same way.
I can't tell you how relieved I am to hear you say that.
Dating is a process, isn't it? Yes, it is.
And you get to meet such lovely people.
Umdo you want dessert? No, I couldn't eat another thing.
all rise.
I accept that Mr.
Gutierrez currently possesses neither bank accounts nor assets from which to pay his outstanding fine.
However, the fact that payment is difficult does not mean that it is impossible.
Mr.
Gutierrez has already been granted an extension from this court, and he has still failed to pay what he owes.
He has paid his phone bill and not his court bill.
He has elected to invest in himself rather than discharge his obligations to this court.
Therefore, I find that he is not, in fact, indigent.
Sentence is executed.
Defendant remanded.
I'll disconnect the phoneAnything.
Justask her to give me another chance.
I'll try, buti don't think it's gonna work.
So there's nothing else we can do? On 30 days, you'll do 20 with good time.
You knock off yesterday, the day you were arrested That's 17 more days.
Do me a favor.
Of course.
Ask my neighbor to let you in and grab my bible, the picture of my daughter, and my benefits card.
It's all by my bed.
Just hold them for me.
I'm gonna need them when I get out.
I'll make sure you get them.
I promise.
Hi, could you pull a file warrant for me Docket ending 2615, angel gutierrez? Already executed sentence.
Okay, what's the total, with the mandatory surcharge? $235.
Should I have just walked up to the officers and explained? Sure.
But I didn't.
Instead, you tossed it and ran.
yes.
Tell us, darnell, what's the name of the kid you took the gun from? I don't know.
Well, where does he live? I don't know.
So some guy, whose name you don't even know, pulls a gun as you happen to be walking by, and you just miraculously managed to talk him into handing it over to you? That's what happened, sir.
Mr.
Kellerman.
In the eight years you were on parole, you ever been in any other trouble? No, sir.
Had a good job, good woman, stable life.
Never missed an appointment with my P.
O.
I was no trouble at all.
Hey.
How did the indigency hearing go? Uh, wasn't Stalingrad, but not much better.
So your guy got the jail time.
Yeah.
Not exactly.
You want to go for a birthday walk? Birthday walk? Yeah, it's a new thing.
Birthday walk.
Yeah.
I couldn't just Watch it happen.
I know it's hard.
It can be heartbreaking.
But there are lines you just can't cross.
But I can.
I did.
The money's meaningless to me.
What about tomorrow when the next warrant rolls in? How do you explain we paid for that guy but not for him? What if I do? Do what? Give to each client? I can afford it.
But your colleagues can't.
What do I say to jerry's client? "sorry, but you got the lawyer who can't pay for his clients' fines or post their bail"? Not being able to do everything isn't a good argument for doing nothing.
You didn't do nothing.
You fought as hard as you could.
Yeah, a lot of good that did for Mr.
Gutierrez.
Richieyou give your heart and your soul to this job, but you can't give your money.
It's office policyNo paying fines for clients.
Understand? After hearing all the testimony and in consideration of the evidence presented, I find, by a preponderance of the evidence, that the defendant violated parole in an important respect in that he unlawfully possessed a firearm in violation of the laws of New York and the conditions of his release.
I recommend a 24-month revocation.
24 months.
Time I already been in, shouldn't be more than, what, three, four months to go? Doesn't count.
What? The timethetheThe time you already did Itit doesn't count.
But I've been in.
I've been inside all this time.
How can it not count? Your jail-time credit only counts for the time you were held on the parole warrant itself.
And since he waited until you walked out to file, none of the time you were waiting for trial on your first charge counts.
So I did two years just to get acquitted, and now I got to do two more? So, uhthat's it? Finally fresh out of moves? Do me a solid? Yeah, of course.
Leroy Simmons.
Smart, little roly-poly kid.
The kid with the gun.
He was standing thereholding that borrowed burner, thinking if he just pulled out, then, older boys would leave him alone.
You should have seen him, shaking like a lost puppy.
One week in here, and that kidhe's done.
They'll shank him if he's lucky, turn him out if he ain't.
Time would just make him something he shouldn't be.
But out there, might make college.
It's been two years, he's still doing good.
Graduating in like six months.
So it's like you said at my trial If I don't do somthing What would happen to him? MeI already made my choices.
We we can take this to them.
We cWe could still make a deal.
For what? So they can charge him? I'm worried about you.
Talk to him.
You tell him, i'm paying this bill.
Tell him to keep straight, do what he's supposed to do.
What I did was right.
What I'm doing only make it righter.
Now, if I got to do some more time behind that I'll do it.
Decisions issued Calls returned Next week's cases Organized.
Thank you, charlie.
SoIf there's nothing else, I guess I'll call it a weekend.
Call it a weekend.
Nothing else.
Seriously.
We're not gonna talk about it? Talk about what? Is it awkward? Should I not ask? Fire away.
What? How was your date?! Oh.
Oh.
Oh, it was great.
It was really wonderful.
You know, I'd forgotten how nice it is to -- to be desired.
He asked me out again.
Wow.
Yeah, you know, it seems there's a whole world of possibilities out there.
Who knew? All you have to do is put yourself out there.
You could take a lesson, Charlie.
I'm happy for you.
Thank you.
I really am.
Well, make good use of your weekend, then I can be happy for you, too.
Hmm.
I just might do that.
See you monday.
See you monday.
Don't ever wind up on parole.
I will take it off my bucket list.
You can't get a fair hearing when parole division owns the judges.
Wait, you think the judge owes his job to parole? Did it ever occur to you that maybe he made a decision based on the evidence? Please, if he cared about evidence, i'd be having a slab of ribs with darnell right now, right? Yeah.
Yeah, definitely.
Excuse me.
Um, hello? Freak.
You're avoiding me.
I'm not.
The other morning, lunch, tonight.
Every time I walk into a room, you leave.
I got a lot on my mind, okay? Bobbi, I know that.
Please, justjust let me be.
Okay, just tell me what you want.
What do I want?! How about a time when I didn't have a drug addict for a husband? How about a single night where I didn't think about kissing you while he was hanging from the steam pipe in the house that we shared? I mean, can you give me that? This isn't your fault.
I can't even look at you without seeing him damning me.
Which is exactly what he wanted To control you, like he always did! Like he's still doing! I didn't ask for your analysis, and I don't want it.
You know, he was the drug addict, not you.
He was the cheater, not you.
Don't put yourself on trial for a crime you didn't even commit.
He was right.
I wantedyou.
I left our marriage for that.
Shame on me.
Look, you you're in the wrong bathroom.
So, y-yeah, text or use the cell.
Thanks.
I will.
welcome home.
hey.
hey.
I, uh -- I was gonna call you.
Oh, I-I know you were busy.
So, toledo, right? Funeral was thursday.
I'm sorry.
Kicker is he hadn't even told them about the divorce.
The whole funeral was a charade -- His family consoling the grieving widow.
Ouch.
Yeah, well, at least there's work.
You never know how many clients you're juggling until you Miss a week.
Uh, speaking of which, I pled jenkins that year you wanted.
Oh, yeah.
The motions on chamberlin, I knew they were due, so I-I took care of that, as well.
Thank you.
Want to get a coffee or something? no.
Thank you for -- For all of this.
Um, I just -- I have a million things left to do and, you know, only one office day, so Well, I can get you an extra day if you need it.
What I need is to be alone so that I can get back to even.
Of course.
Yeah, sure.
Glad you're back.
On an august night on a harlem corner, darnell taylor, a 43-year-old air-conditioning repairman saw two kids arguing.
He saw one of them pull a gun.
Darnell could have kept walking, made the safe choice, but he asked the good samaritan's question "if I do not stop, what will happen to him?" so he intervened.
Like a sleight-of-hand magician, mr.
Kellerman wants you to ignore what's right in front of your eyes, ignore the testimony of police officer tommy boozang, who told you everything you need to know in this case.
He got a radio run of a man with a gun.
He responded to the corner of 155th and bradhurst, where he saw -- What do you know? A man with a gun.
And, in an astonishing display of courage, disarmed the man, took the gun, thwarted a shooting.
Whose dna was recovered from the grip and whose fingerprints were found on the slide.
His thumbprint is on the slide facing toward the grip.
What he did is known as temporary, lawful possession.
Darnell had the gun when the police arrived because he'd temporarily taken it from someone else.
And what did Mr.
Taylor, a convicted felon, do when he saw officer boozang? Did he run up to him and say, "thank god you're here.
I just disarmed a kid"? no.
He chucked a 9-millimeter taurus semiautomatic under a parked car and ran away.
He is innocent Because the law allows us to do what he, and he alone, had the courage to do.
He merits our thanks.
And he deserves an acquittal.
Simple.
Easy.
Guilty.
will the defendant please rise? In the matter of the people of the state of new york vs.
Darnell taylor on first count of the indictment charging criminal possession of a weapon in the second degree, how does the jury find? Not guilty.
ohh! Uh, Mr.
Taylor, you are acquitted.
That means you are free to leave.
Ladies and gentlemen, always a pleasure.
Court is adjourned.
Let's go.
Baby, baby, baby, baby! ohh! Thank you.
You're welcome.
Thank you for bringing my baby home.
You know what I'm looking forward to? A full slab of donaldson's ribs.
You ever had them before? no.
I'm telling you, jerry, they're the best.
Darnell taylor? What the Step aside, please.
Up against the wall.
What's going on? I'm his lawyer.
I'm his parole officer.
Mr.
Taylor here violated the terms of his parole.
No! What are you talking about? I've been in jail for two years.
You can't do this! We'll serve him with charges tonight.
You want to talk to him, do it in lockup.
What's going on, jerry? I don't know.
I don't know.
But we'll figure it out.
Don't say anything.
And don't waive your hearing.
I'll see you tomorrow.
Punctuality is critical.
I can't stand waiting.
And competence -- Basic, simple competence.
And hair -- Hair is nonnegotiable.
That may limit me slightly.
There is a wonderful man -- Co-founder of a well-known accounting firm.
Oh, that sounds awful.
Trudy, let me give you my two cents before you give me your 10 grand.
You want a handsome bachelor to tootle about with, i'm not your best choice.
So successful and attractive is too much to ask for? Successful and attractive is easy.
Successful, attractive, andfaithful-- less so.
Add in self-respect, a desire to commit, and we're fishing in a very small pool.
Thus your hefty fee.
I get paid not only because I know these waters intimately, but because I help my clients see themselves honestly.
That's why I'm here.
You are an accomplished, attractive woman.
What you need is someone bright and secure enough not to be intimidated by you who can appreciate who you are and what you have to offer.
At this point, I would settle for straight.
Now, that we can do.
Hey, counselor, excuse me.
Vince, what's up? Sorry to bother you, mr.
Woolsley, but I got someone brought in on an old warrant.
Judge asked me to find someone to represent him.
Who was the original attorney? Some guy named miller.
The judge said he'd just left your office.
Told me to find a warm body to stand up on it, no offense.
Consider it a favor.
Yes, sir.
Front of the line when you need it.
Deal.
Got the papers? So, last night, i'm in the park with a friend and we're having a beer and this -- you know, this cop walks up and he writes me a ticket for the beer.
I mean, no big deal.
I start to walk away, but then he say I got a warrant.
Yeah, it looks like a guilty plea -- Turnstile jumping from About three years ago? Yeah.
I'm flying around town, king of the bike messengers, man.
I come out of this place, and my bike is gone.
U- shaped lock -- It turns out, they can pick it with a pen cap.
You didn't report it? I had deliveries to make.
I didn't have an hour to wait for Mr.
Doughnut to tell me that nypd ain't getting my bike back.
You didn't have money for the train? Hey, I-I figured it was only gonna be four rides.
All I had was keys and a few dollars for a bottle of water.
I felt if I could just make it through the day, man, everything would be okay, and I wouldn't be going through this.
But they caught you.
Yeah, second-to-last envelope, man.
out come the cuffs.
I went through the system.
My boss -- he fires me.
It's all downhill from there.
But I-I thought this case was dead.
I mean, like you said, I already pled guilty to this.
Except that you still owe the $75 fine plus 160 bucks in court costs.
Think you can pay it? Not today.
man, I just started a part-time job, but -- but I got to make my rent, and I still owe back support to my ex.
I me-- can't you get me, like -- like -- Like community service instead? fine.
45 days in jail.
from the audience, angel gutierrez, involuntary return on a warrant.
Defendant pled guilty to 165.
15.
Sentenced $75 or 30 days.
Richard patrick woolsley, office of the public defender.
Mr.
Gutierrez has been unable to pay the fine.
He lost his job.
What's the total here? With court costs, $235.
Any prior extensions? Yes, judge.
One.
Any payments? No, ma'am.
Okay, execute sentence.
Judge, would you consider resentencing him to community service? He'll work it off.
Two years of nonpayment? That would be a no.
Officer, take charge.
Judge, you can't incarcerate mr.
Gutierrez because he's poor.
He's incarcerated because he violated a promise to this court.
Isn't that right, mr.
Mcgrath? Uh, yes, judge.
Actually twice.
Twice? Wow.
yes, It seems that Mr.
Gutierrez has already been given an extension.
I tried.
I- I lost my job.
Either way, your honor, if he'll be released upon payment, the only thing holding him is nonpayment.
People v.
Mackey says you can't hold him.
That's a nice try, Mr.
Woolsley.
But there's nothing here in the record to indicate that he's indigent.
Then I want a hearing.
The law says I get one.
And I say you don't waste valuable court time with frivolous hearings.
Deny me and I'll bring a writ.
Consider very carefully, mr.
Woolsley, whether you want to pick this fight.
Fine.
I've considered.
I want the hearing.
Four damn steps as a free man and I am right back in here.
What the hell is going on? All right, parole is bringing charges -- What charges? Did I change my address? Yeah, to rikers.
Did I consort with other parolees in my cellblock? I've been locked up for two damn years just waiting for this bogus-ass case to get kicked.
What could they possibly have on me, man? Criminal possession of a weapon.
It's the same case.
I was acquitted.
You're still on parole for the manslaughter.
That old sentence was 7 to 21, right? Yeah, and I did my nine, come out, spent the next eight years building my life back up, and then this.
But you still owed four years when you got arrested.
Commit a crime during your parole, they can revoke it.
But I didn't do the crime.
Jury just said I didn't.
Technically,the jury said you're not guilty beyond a reasonable doubt.
Parole board has a different standard.
So they charged me again.
Ain't that like double jeopardy? It doesn't apply.
Not to a parole-revocation hearing.
So we got to try the whole case over for them.
Pretty much.
The only thing is, this time, we don't get a jury.
I thought that if we could talk about the situation Maybe we could, uh come to some kind of understanding.
An understanding? Yeah.
What is it exactly that you don't think I understand? How about eight years without so much as a traffic ticket? Oh, and you think that makes him a model citizen? More than five years as an air-conditioning repairman, a stable relationship with chante.
And possession of a fire arm.
Yes, for which he served two years just waiting for an acquittal.
Isn't that enough punishment? Look, my job is to keep people on the straight and narrow.
I do that by being tough and clear.
They know I cut them no slack ever.
'Cause if I get loose, they get loose.
And if they get loose, bad things happen.
Just just lift the warrant.
Let him go.
Impose whatever condition you want.
Watch him like a hawk.
You want me to give him the benefit of the doubt? yes.
If I do that for him, then all these guys out here They're gonna think i'd do it for them.
So no.
You got the wrong guy, counselor.
I called my job.
I told them I was sick.
But if I'm not out by friday, there's no more job.
What about family, friends? I can make the calls.
I owe my ex.
And my other daughter -- She don't even talk to me.
I mean, I got friends, but not like that.
So there's no way.
And I was so close, too.
I just got my apartment back like seven months ago.
Just when things seemed to be turning around, some old fine is gonna put me right back out on the street.
Moo shu veggie, extra pancake.
Charlie.
aah! I'm sorry.
Ahh!Don't be ridiculous.
Turn around.
I need your advice.
What do you think? Either one of these right? For what? The opening of the donatello exhibit tomorrow night.
I'm going with phillip harfleur.
You have a date.
Really? Is it that shocking? No, I just Charlie, I'm an attractive, accomplished woman.
Why shouldn't I spend time with someone who appreciates me for who I am and what I have to offer? Let's see the other one again.
Salt-and-pepper shrimp in the shell, moo shu pork, extra pancakes, and kung pao chicken.
What's the occasion? Richie's birthday.
oh.
You know anything about, uh, parole hearings? I did one in brooklyn once.
And? It was hell.
Well, thanks for that.
You're not staying for lunch? no, I've got to get to it.
Hey.
Ladies and gentlemen, the birthday boy.
Yeah! Hop yee? Awesome! You guys are the best.
What do we got? There you go.
Where's the sweet-and-sour? Dude, just eat it.
Speaking of eating it, your pal kessler put a guy in for 30 days this morning over a $75 fine.
She seriously needs to get laid.
hey.
Sorry.
Even if it's true Are you volunteering? I'd rather do the guy's time.
I'm administrative law judge edward leiden, and this is the final revocation hearing for, uh, darnell taylor, uh, 95a8201.
Officer garcia, are you ready to proceed? Uh, yeah, we, uh, call officer tommy boozang.
Officer boozang, did you catch mr.
Taylor there with a gun? that's correct.
Want to give us the details? About 15:20, my partner and I got a radio run of a man with a gun at 155th and bradhurst.
We hit the lights and sirens, roll over there, and see Mr.
Taylor there with a 9 in his hand.
Then what? He gives us a tough-guy look like, Then what? He gives us a tough-guy look like, "what are you gonna do about that?" objection.
Rules of evidence are relaxed here, counselor.
Go ahead, officer.
Anyhow, he takes off running.
I give chase.
My partner calls it in, and your guy there dumps the gun under a parked car.
You get him? Sure.
An officer and another rmp cut him off at the corner.
I grabbed him.
We got the gun Loaded taurus 9-millimeter.
Game over.
When you saw the gun for the first time, it was in Mr.
Taylor's right hand, correct? Correct.
And obviously, he was holding it with his hand around the grip.
He was.
And he was running northbound on the west side of the street.
Right.
Ditched the gun under a parked car, which was just to the right as he ran? Yeah.
Like that? Tossed it away, releasing his hand from the butt of the gun? Just like that.
And obviously, since he was running, you never saw him shift his grip in any way? Nope.
And there were other people standing around, weren't there? Not with a gun.
But there were other young men standing around.
Yeah.
Now that I think about it, one of them yelled, "ditch the gun, d.
" Objection.
Hearsay, and I'd ask that be stricken and you instruct officer boozang to answer my questions.
No, actually, uh, hearsay's admissible in this proceeding.
You have no idea what happened before you arrived there.
Nope.
Just saw what I saw, heard what I heard.
how about a car? I walk or I take the bus if I got carfare.
Computer, cellphone? Got anything like that? No, sir.
Ever had a bank account.
.
savings, checking, anything? When I was working, I opened up a savings account.
Still have it? It's had a zero balance for about a year now, and with the fees, I- I owe them money.
How about a credit card, debit card, anything like that? No When you were working, how much money did you take home in a day? Well, I was making minimum wage, so after they hold the taxes, it's about $40, $41 a day.
But then there's, um, 4 bucks for the train fare to work and back, another 3 or 4 bucks for lunch, and at the end of the day, I come home with maybe $32.
And what did $32 a day have to cover? Rent, food for me and the kids, clothes, school stuff -- Basically everything.
I mean, I got paid every two weeks, but we never had a cushion.
So, you know, towards the end, we just did whatever we could.
What do you mean? Potato surprise.
Sometimes not even that.
You went hungry.
I tried to feed the kids.
Whatever was left, I ate.
So, when you were working, how much was $235 to you? It's like two weeks of work.
After you were arrested for hopping the train, What happened to you? I lost my job.
What did that mean to you and your finances? We had to go on public assistance.
We lost our apartment.
We we were homeless for a while.
My wife -- she left and, um, t-took my daughter.
Mr.
Gutierrez, do you need a minute? no.
I'm sorry, judge.
After you lost the job, what did you do for money? I applied for food stamps, went on welfare, tried to send whatever else I had left to my ex and my daughter.
tried to send whatever else I had left From the time you lost your job, right after pleading guilty in this case to hopping the train, did you ever have savings of $235? No, sir.
We could agree to community service.
Two years ago, this guy made a deal to avoid incarceration by agreeing to pay a fine.
He didn't pay! Johnson! What, the day's almost done, and your cop's still here! Let's go! And he's spending the night in jail because of it.
Why not let him work it off? hey.
What? Your knee -- is it okay? Yeah, fine.
Why? 'cause I swear I just saw it jerk.
What? Everyone's got an excuse.
You accept them all, the system falls apart.
Did this guy even try to renegotiate his deal before he was arrested on the warrant? Well, no, but he -- Does he have a job? He does now.
Then it's not poverty, marcus.
It's contempt for the system.
Guy's just trying to get over.
So you think he's sleeping at rikers tonight over some fine he just doesn't feel like paying? You win the hearing, altar boy, and watch how fast he or some pal coughs up the cash.
No, I'm just saying it shouldn't be about wealth.
This is really how you want to spend your birthday? Personally, I think that they should fine you a percentage of your net worth.
Okay, karl marx.
I'm serious.
Make a traffic ticket like 2/10 of 1%.
You make $40,000 a year, no other assets, you pay 40 bucks.
You make a million and have 10 in the bank, you pay $22,000.
I mean, why should it hurt the working guy so much? So a speeding ticket costs bill gates 12 million dollars? Sweet! You know, I promise you'll hear a lot more complaints from the rich if those fines meant as much to them as they do to our clients.
I hope you put that on my tab.
Guys, birthday drinks on me all night.
Next one.
Thanks, rich.
I'm dry.
Who needs? me.
I'll give you a hand.
So, how you holding up? Still boxes everywhere, but the house is mostly packed.
It's amazing how much stuff we can accumulate, isn't it? Looking at all of it, I was like, "wow, I'm really a material girl.
" Whenever I move, my brother-in-law, he just swoops in.
Like vultures.
"you taking that couch? I love that rug.
" My cousin scoped out the whole apartment looking to furnish her dorm room.
Well, at least you're almost done.
Appraiser comes next week.
That's good.
so, you talking to anyone? You've been through a lot.
Suicide is a traumatic thing.
I'll be fine, roz, really, just as soon as I find a place.
Okay, just make sure it's a place you want to wake up in.
Safe, secure, and comforting go a long way.
Yeah.
Yeah, I guess they do.
So, he pull out a 9, and I'm like, "chill, yo.
" But then "d" -- I mean, darnell -- step in real cool, tells the kid to give up the gun.
And did he? Yeah.
"d" just reach out all smooth and took it out of his hand.
Then we all hearing the sirens and cops coming, and everybody runs.
And how long before the police got there did Mr.
Taylor have possession of that gun? Like a few seconds.
A minute, maybe.
thank you, christopher.
Mr.
Garcia.
You got a felony record, right? Yeah.
You know the name of the kid you say had the gun? Nah, he just some little roly-poly kid.
Can you tell us anything else about him? Not really.
I don't know him like that.
but after Mr.
Taylor took the gun, what happened? The cops rolled up right away.
I split.
You know the name of the kid you say had the gun? Nah, I see him around the neighborhood, but that's it.
You got a felony conviction for assault, right? Yeah.
Fight at school.
So, how exactly did he take the gun? Like, you want me to show you? Yeah, sure.
Okay.
Like this.
Thank you.
You know the name of the kid you say had the gun? nah.
I think he go to a different school.
You got a juvenile record for robbery in the second degree? Me and some kids took another kid's jacket.
Thought that was sealed.
Not in here, it isn't.
My god, how many times can you listen to the same old excuse? Well, you are in criminal court.
I understand not being able to pay the fine, but just ignoring the problem? I mean, there's a warrant out for your arrest.
Can you imagine? I can't imagine going through life without an atm card.
Well, let's hope we never have to try.
Okay.
Okay, quiz me.
You're studying for your date? Phillip harfleur has a degree in art history.
He also has an mphil from oxford.
And you are a respected jurist with a J.
D from columbia.
So I'm just freshening up.
Come on.
Come on.
Hit me.
Okay.
Um What year did Donatello sculpt St.
Rossore? aah! I knew that.
Mnh-mnh.
1425.
1425.
1425.
1425 10 years after the Siege of Harfleur.
Can you imagine having a town named after your family? Okay, let's go.
Back to court time.
Come on.
A couple more.
Mr.
Gutierrez, you pled guilty knowing you didn't have the money to pay the fine.
My lawyer said it was the best thing.
I mean, I was working.
I thought I could pay it off.
But then you lost your job.
Yes, sir.
Did you call your lawyer to tell him you couldn't pay? No, sir.
Did you come to court to explain why you couldn't pay? I didn't know I could do that.
I was afraid they would lock me up.
You said you are no longer homeless.
No, I applied for section 8 housing, and I found me a place.
You smoke? At $9.
50 a pack? No.
I got to keep the money for the food.
Do you own a couch? yes.
How about a bed? yes.
Lamps, dishes, glassware? Yes.
Television? Yes, sir.
Do you get cable? No, sir.
How about a house phone? Do you have a phone in your house? Yes, sir, but it's so my job can call me and I can call my ex.
So you do pay a phone bill each month.
Yes, sir, but the basic minimum local plan.
It's like $14.
99 a month.
No further questions.
Angel, where did you get that bed, the couch, all the other furnishings? They were donated by nycha.
And if you hadn't gotten them donated, what would your apartment look like? Empty.
Thank you.
Mr.
Woolsley, do you wish to be heard on the motion? A $75 fine sounds like a pittance A steak dinner for Mr.
Mcgrath, half of what your honor probably pays for a haircut, six minutes of a law-firm partner's time.
But add in those mandatory court costs, fees, and for angel gutierrez, that $75 becomes $235 The difference between a full belly or going hungry, between walking four miles each way to work or being able to take the bus.
The difference between a home and homelessness.
Our constitution says, cuote: "excessive fines shall not be imposed, nor cruel and unusual punishments inflicted.
" I know it's hard to find a $75 fine unconstitutional, but spend a day with someone just squeaking by, feel for a single minute how tenuous poverty can make life feel, and I promise you will understand.
And that understanding is all I'm asking.
Mr.
Gutierrez had options.
He didn't have to plead guilty, agree to a fine, or squander the extension the court had already given him.
But he did.
Instead of taking advantage of his options, he ignored his responsibilities, shirked his obligations, and didn't keep his promises.
He deserves the benefit of exactly the bargain he struck $75 or 30 days.
By not paying, he's already made his choice.
It's not good, darnell.
You toasted them, jerry, and I ain't even testified yet.
Which is why I wanted to talk to you now.
The man's got to do the right thing.
No, he doesn't.
He a judge, jerry.
Have some faith.
In a kangaroo court? The administrative law judge might as well work for parole.
Look, we got all the witnesses.
We got the fingerprints.
Listen to me.
Listen to me.
The witnesses mean nothing to this guy.
The minute garcia asked them about their records, they might as well have been invisible.
And your fingerprints He just thinks that puts a gun in your hands.
So you saying we still gonna lose? If we had something Some detail about that kid you took that gun from A name.
I can't give you what I don't know.
Okay.
Then you testify tomorrow.
you've, uh seen the pulpits? At the church of san lorenzo? Wonderful.
And you know florence? A little bit.
Actually, my favorite part of tuscany is maremma.
mm.
College, uh, eurorailing? No, actually, it was a state department rule-of-law conference.
What about you? My first wife and i, we had a villa near Panzano.
It was about an hour from there.
Mmm.
Trudy, I consider myself a direct person.
I.
.
I have to be honest with you.
Well, I wouldn't have it any other way.
You know what they say: "Honesty is the best policy".
Then, honestly, you're a lovely person and clearly accomplished.
But I don't think that there's any chemistry here.
Do you? You know, phil, you are a very nice man, and I feel exactly the same way.
I can't tell you how relieved I am to hear you say that.
Dating is a process, isn't it? Yes, it is.
And you get to meet such lovely people.
Umdo you want dessert? No, I couldn't eat another thing.
all rise.
I accept that Mr.
Gutierrez currently possesses neither bank accounts nor assets from which to pay his outstanding fine.
However, the fact that payment is difficult does not mean that it is impossible.
Mr.
Gutierrez has already been granted an extension from this court, and he has still failed to pay what he owes.
He has paid his phone bill and not his court bill.
He has elected to invest in himself rather than discharge his obligations to this court.
Therefore, I find that he is not, in fact, indigent.
Sentence is executed.
Defendant remanded.
I'll disconnect the phoneAnything.
Justask her to give me another chance.
I'll try, buti don't think it's gonna work.
So there's nothing else we can do? On 30 days, you'll do 20 with good time.
You knock off yesterday, the day you were arrested That's 17 more days.
Do me a favor.
Of course.
Ask my neighbor to let you in and grab my bible, the picture of my daughter, and my benefits card.
It's all by my bed.
Just hold them for me.
I'm gonna need them when I get out.
I'll make sure you get them.
I promise.
Hi, could you pull a file warrant for me Docket ending 2615, angel gutierrez? Already executed sentence.
Okay, what's the total, with the mandatory surcharge? $235.
Should I have just walked up to the officers and explained? Sure.
But I didn't.
Instead, you tossed it and ran.
yes.
Tell us, darnell, what's the name of the kid you took the gun from? I don't know.
Well, where does he live? I don't know.
So some guy, whose name you don't even know, pulls a gun as you happen to be walking by, and you just miraculously managed to talk him into handing it over to you? That's what happened, sir.
Mr.
Kellerman.
In the eight years you were on parole, you ever been in any other trouble? No, sir.
Had a good job, good woman, stable life.
Never missed an appointment with my P.
O.
I was no trouble at all.
Hey.
How did the indigency hearing go? Uh, wasn't Stalingrad, but not much better.
So your guy got the jail time.
Yeah.
Not exactly.
You want to go for a birthday walk? Birthday walk? Yeah, it's a new thing.
Birthday walk.
Yeah.
I couldn't just Watch it happen.
I know it's hard.
It can be heartbreaking.
But there are lines you just can't cross.
But I can.
I did.
The money's meaningless to me.
What about tomorrow when the next warrant rolls in? How do you explain we paid for that guy but not for him? What if I do? Do what? Give to each client? I can afford it.
But your colleagues can't.
What do I say to jerry's client? "sorry, but you got the lawyer who can't pay for his clients' fines or post their bail"? Not being able to do everything isn't a good argument for doing nothing.
You didn't do nothing.
You fought as hard as you could.
Yeah, a lot of good that did for Mr.
Gutierrez.
Richieyou give your heart and your soul to this job, but you can't give your money.
It's office policyNo paying fines for clients.
Understand? After hearing all the testimony and in consideration of the evidence presented, I find, by a preponderance of the evidence, that the defendant violated parole in an important respect in that he unlawfully possessed a firearm in violation of the laws of New York and the conditions of his release.
I recommend a 24-month revocation.
24 months.
Time I already been in, shouldn't be more than, what, three, four months to go? Doesn't count.
What? The timethetheThe time you already did Itit doesn't count.
But I've been in.
I've been inside all this time.
How can it not count? Your jail-time credit only counts for the time you were held on the parole warrant itself.
And since he waited until you walked out to file, none of the time you were waiting for trial on your first charge counts.
So I did two years just to get acquitted, and now I got to do two more? So, uhthat's it? Finally fresh out of moves? Do me a solid? Yeah, of course.
Leroy Simmons.
Smart, little roly-poly kid.
The kid with the gun.
He was standing thereholding that borrowed burner, thinking if he just pulled out, then, older boys would leave him alone.
You should have seen him, shaking like a lost puppy.
One week in here, and that kidhe's done.
They'll shank him if he's lucky, turn him out if he ain't.
Time would just make him something he shouldn't be.
But out there, might make college.
It's been two years, he's still doing good.
Graduating in like six months.
So it's like you said at my trial If I don't do somthing What would happen to him? MeI already made my choices.
We we can take this to them.
We cWe could still make a deal.
For what? So they can charge him? I'm worried about you.
Talk to him.
You tell him, i'm paying this bill.
Tell him to keep straight, do what he's supposed to do.
What I did was right.
What I'm doing only make it righter.
Now, if I got to do some more time behind that I'll do it.
Decisions issued Calls returned Next week's cases Organized.
Thank you, charlie.
SoIf there's nothing else, I guess I'll call it a weekend.
Call it a weekend.
Nothing else.
Seriously.
We're not gonna talk about it? Talk about what? Is it awkward? Should I not ask? Fire away.
What? How was your date?! Oh.
Oh.
Oh, it was great.
It was really wonderful.
You know, I'd forgotten how nice it is to -- to be desired.
He asked me out again.
Wow.
Yeah, you know, it seems there's a whole world of possibilities out there.
Who knew? All you have to do is put yourself out there.
You could take a lesson, Charlie.
I'm happy for you.
Thank you.
I really am.
Well, make good use of your weekend, then I can be happy for you, too.
Hmm.
I just might do that.
See you monday.
See you monday.
Don't ever wind up on parole.
I will take it off my bucket list.
You can't get a fair hearing when parole division owns the judges.
Wait, you think the judge owes his job to parole? Did it ever occur to you that maybe he made a decision based on the evidence? Please, if he cared about evidence, i'd be having a slab of ribs with darnell right now, right? Yeah.
Yeah, definitely.
Excuse me.
Um, hello? Freak.
You're avoiding me.
I'm not.
The other morning, lunch, tonight.
Every time I walk into a room, you leave.
I got a lot on my mind, okay? Bobbi, I know that.
Please, justjust let me be.
Okay, just tell me what you want.
What do I want?! How about a time when I didn't have a drug addict for a husband? How about a single night where I didn't think about kissing you while he was hanging from the steam pipe in the house that we shared? I mean, can you give me that? This isn't your fault.
I can't even look at you without seeing him damning me.
Which is exactly what he wanted To control you, like he always did! Like he's still doing! I didn't ask for your analysis, and I don't want it.
You know, he was the drug addict, not you.
He was the cheater, not you.
Don't put yourself on trial for a crime you didn't even commit.
He was right.
I wantedyou.
I left our marriage for that.
Shame on me.
Look, you you're in the wrong bathroom.