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00:01:31,400 --> 00:01:37,680
My dear parents, I pray that by the time
you receive this letter, I shall have

2
00:01:37,680 --> 00:01:39,120
attained my last dream.

3
00:01:39,560 --> 00:01:46,040
To cross beyond the watchtower and wall
outside my window to the life enjoyed by

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00:01:46,040 --> 00:01:48,240
the majority of people in the world.

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00:01:48,560 --> 00:01:52,340
A life in which one can choose where and
how to live.

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00:01:55,300 --> 00:02:00,000
And though it hurts me to know that I
may never see you again,

7
00:02:00,970 --> 00:02:03,930
A faith that I know you share.

8
00:02:06,170 --> 00:02:12,050
I ask you to forgive me and understand
that I must be with my children in the

9
00:02:12,050 --> 00:02:13,050
West.

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00:03:07,730 --> 00:03:09,730
Poland. Why Poland?

11
00:03:10,190 --> 00:03:11,630
Because you can go there legally.

12
00:03:11,830 --> 00:03:15,070
No one will recognize you. You go with
your own IDs.

13
00:03:15,510 --> 00:03:19,770
You go on vacation, you want to visit
the museum, whatever, no problem.

14
00:03:21,470 --> 00:03:22,730
And then you join them.

15
00:03:25,890 --> 00:03:30,050
In two days, as the rest of Germany can
travel as I please, I decide to take a

16
00:03:30,050 --> 00:03:35,610
vacation. I meet you in Gdansk, give you
the false papers and IDs, and you...

17
00:03:36,200 --> 00:03:41,280
Bought the ship that takes you to
Hamburg the brain What is it?

18
00:03:42,080 --> 00:03:47,620
It seems not so possible

19
00:03:47,620 --> 00:03:53,040
I'm frightened if Marina goes no, sorry

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00:03:53,040 --> 00:03:55,480
Think positive.

21
00:03:55,760 --> 00:04:02,680
Yeah positive When Hans asked me to go
with you I jumped at a chance It's a

22
00:04:02,680 --> 00:04:03,680
plan

23
00:04:04,820 --> 00:04:07,800
Hans, you and Marina have a life to
live, a free life.

24
00:04:08,480 --> 00:04:09,480
And I?

25
00:04:09,940 --> 00:04:11,640
My boys are there and I'm here.

26
00:04:12,220 --> 00:04:13,220
My God.

27
00:04:13,720 --> 00:04:16,079
I'll never see them again unless we try
this.

28
00:04:19,339 --> 00:04:20,620
It's our only chance.

29
00:04:50,290 --> 00:04:51,710
Oh, yeah.

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00:05:30,030 --> 00:05:31,030
like a turkey.

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00:06:33,770 --> 00:06:34,770
See you tomorrow in Poland.

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00:07:32,430 --> 00:07:33,030
let me go

33
00:07:33,030 --> 00:07:48,850
look

34
00:08:00,250 --> 00:08:01,510
foreign foreign

35
00:08:33,669 --> 00:08:34,950
Hello. Hi.

36
00:09:21,000 --> 00:09:26,460
Ladies and gentlemen, Captain Wisniewski
informs you that we have started our

37
00:09:26,460 --> 00:09:29,840
descent towards... Remember, you have
nothing to do with...

38
00:09:31,470 --> 00:09:33,450
And say nothing about us. Nothing.

39
00:09:34,630 --> 00:09:38,750
The temperature imbalance is... Thank
you.

40
00:09:42,630 --> 00:09:44,770
Can I help you, sir?

41
00:09:45,090 --> 00:09:46,090
No, thank you.

42
00:10:29,360 --> 00:10:32,200
What? Quiet. I don't need that audio.

43
00:11:21,800 --> 00:11:23,520
This is Berlin U .S. Military Airport.

44
00:11:25,420 --> 00:11:29,820
Flight 165, we have been advised by
Universal Airport in Berlin of your

45
00:11:29,820 --> 00:11:31,040
emergency. Do you confirm?

46
00:11:31,800 --> 00:11:32,800
That's confirmed.

47
00:11:32,840 --> 00:11:36,500
Ring up the crash control. We have a
radar on a possible hijack. We call for

48
00:11:36,500 --> 00:11:37,500
emergency diversion.

49
00:11:54,700 --> 00:11:57,320
Lot 165, check wheels down, wind 250.

50
00:11:57,620 --> 00:11:58,980
0F5, cleared to land, rolling.

51
00:12:24,170 --> 00:12:25,170
Feel free.

52
00:12:26,050 --> 00:12:28,450
On 165, this is transit control.

53
00:12:28,870 --> 00:12:30,830
Hold your position. Shut down your
engine.

54
00:12:31,850 --> 00:12:32,850
Open the hatch.

55
00:13:06,450 --> 00:13:07,710
Ask him again.

56
00:13:08,290 --> 00:13:10,430
Did he hear anything or did he see
anything?

57
00:13:31,730 --> 00:13:34,330
What about the woman?

58
00:13:35,190 --> 00:13:37,490
Sigrid Radke and her daughter were
traveling with her. You mean to tell me

59
00:13:37,490 --> 00:13:38,490
didn't know what was going on?

60
00:13:39,030 --> 00:13:41,390
She has nothing to do with it. I told
you before.

61
00:13:41,610 --> 00:13:43,870
I did it by myself. I did it for myself.

62
00:13:45,190 --> 00:13:46,650
Don't be a fool, Gunther.

63
00:13:47,550 --> 00:13:49,810
This is what I always wanted for you.

64
00:13:50,730 --> 00:13:53,030
Mama, how can I stay here?

65
00:13:53,630 --> 00:13:55,070
When you was here for Jake.

66
00:13:55,730 --> 00:13:56,730
Oh, no, no.

67
00:13:56,890 --> 00:13:58,450
You don't worry about me.

68
00:13:59,870 --> 00:14:01,170
Take care of your family.

69
00:14:03,430 --> 00:14:04,850
I can't talk, Ma.

70
00:14:25,100 --> 00:14:28,580
West Berlin, Saturday, with 63
passengers and eight crew members

71
00:14:28,580 --> 00:14:32,520
peacefully when the armed air pirate
Helmut Thiel, an East German waiter,

72
00:14:32,660 --> 00:14:35,740
surrendered to American authorities at
Temple House, the United States military

73
00:14:35,740 --> 00:14:36,740
airfield here.

74
00:14:38,960 --> 00:14:42,920
The hijacker, who was disarmed by U .S.
Air Force personnel, was taken into

75
00:14:42,920 --> 00:14:45,820
American custody along with a woman and
a child in his company.

76
00:14:46,100 --> 00:14:50,060
U .S. officials said eight other
passengers, all East Germans, asked for

77
00:14:50,060 --> 00:14:51,960
and were turned over to West Berlin
refugees.

78
00:14:52,280 --> 00:14:53,420
We are so lucky.

79
00:14:54,250 --> 00:15:00,530
I am able to express

80
00:15:00,530 --> 00:15:03,910
my feelings now without fear.

81
00:15:05,170 --> 00:15:06,590
First me was happiness.

82
00:15:07,910 --> 00:15:12,250
I pray that you will see this letter and
smile for me.

83
00:15:43,400 --> 00:15:46,320
I'm sorry to interrupt you. It just
looks like you're having so much fun.

84
00:15:46,340 --> 00:15:49,980
we enjoyed the new present very much.
Thank you for coming out. I thought it

85
00:15:49,980 --> 00:15:52,120
might be kind of a pain this way if you
learned some English.

86
00:15:52,460 --> 00:15:53,480
How are you today, Marina?

87
00:15:53,840 --> 00:15:54,840
Good morning. Good morning.

88
00:15:55,400 --> 00:15:56,399
More books?

89
00:15:56,400 --> 00:16:01,000
No, no books today, but I did bring you
some chocolate.

90
00:16:01,700 --> 00:16:02,579
Thank you.

91
00:16:02,580 --> 00:16:03,580
You're welcome.

92
00:16:08,100 --> 00:16:10,240
It's all right, dear. I have something
for you, too.

93
00:16:10,600 --> 00:16:12,120
Oh, you brought me some books.

94
00:16:14,739 --> 00:16:16,600
A short statement when prepared.

95
00:16:16,840 --> 00:16:19,040
A formality. A release.

96
00:16:19,480 --> 00:16:20,580
I can't believe it.

97
00:16:21,160 --> 00:16:22,680
Why now, after so long?

98
00:16:22,980 --> 00:16:24,920
Sigrid, we trust you. We believe you.

99
00:16:25,180 --> 00:16:28,260
Mr. Leufer will be taking you to a West
Berlin refugee center.

100
00:16:28,460 --> 00:16:30,580
They'll give you identification papers,
money.

101
00:16:31,160 --> 00:16:33,340
They'll help you find a job, a place to
live.

102
00:16:33,560 --> 00:16:34,560
What's about Helmut?

103
00:16:35,380 --> 00:16:36,600
Well, not yet.

104
00:16:37,320 --> 00:16:39,040
With Helmut, it's a little bit more
complicated.

105
00:16:39,480 --> 00:16:41,700
On behalf of my daughter, Marina
Ratzke...

106
00:16:42,010 --> 00:16:46,130
I hereby release and forever discharge
the United States government.

107
00:16:46,510 --> 00:16:51,090
We are all signatories to the
international accord against hijacking,

108
00:16:51,090 --> 00:16:55,330
West Germany, for God's sake. And that
agreement requires prosecution or

109
00:16:55,330 --> 00:16:59,050
extradition back to the East to face
prosecution there. And it's political

110
00:16:59,050 --> 00:17:01,150
suicide for the West Germans to do
either.

111
00:17:01,610 --> 00:17:03,790
What the hell are they putting their
coffee around here?

112
00:17:04,069 --> 00:17:05,270
So Bonn wants out.

113
00:17:05,530 --> 00:17:08,569
You bet they want out. We are in one
hell of a bind.

114
00:17:09,069 --> 00:17:10,550
We have to prosecute.

115
00:17:11,690 --> 00:17:14,530
State has a mess, and justice must clean
it up.

116
00:17:22,089 --> 00:17:23,550
Courtroom. Yes.

117
00:17:23,890 --> 00:17:26,130
And Bond is paying for every nail.

118
00:17:26,450 --> 00:17:30,270
I mean, they're paying us to prosecute
the case for them.

119
00:17:31,430 --> 00:17:35,150
But, uh, what we need is a reliable
judge.

120
00:17:36,330 --> 00:17:39,950
As, uh, director of foreign litigation,
maybe you could help us find one.

121
00:17:40,650 --> 00:17:42,490
According to this report, there was a
judge.

122
00:17:42,810 --> 00:17:44,150
Yeah, well, he bailed out.

123
00:17:44,810 --> 00:17:48,830
Left us holding the bag with three
defendants in the bag.

124
00:17:49,070 --> 00:17:53,310
They've been in custody for months. Now
the East is demanding either their heads

125
00:17:53,310 --> 00:17:57,290
or their bodies. And we have to deliver
something if we want them to protect our

126
00:17:57,290 --> 00:18:02,070
civil aviation from other such
excursions. To Cuba, for instance. Yeah,

127
00:18:02,090 --> 00:18:03,790
yeah. You said reliable.

128
00:18:05,230 --> 00:18:10,190
You know what I mean, Bruno, huh? A
tough, no -nonsense judge, possibly a

129
00:18:10,190 --> 00:18:13,590
prosecutor. Look, we need this thing
over with, one, two, three.

130
00:18:14,570 --> 00:18:16,270
Does anybody spring to mind?

131
00:18:52,720 --> 00:18:53,720
Morning, Jack.

132
00:18:54,420 --> 00:18:55,980
Bruno, welcome aboard.

133
00:18:56,340 --> 00:18:57,400
Can you take your shoes off?

134
00:18:57,860 --> 00:18:58,860
I remembered.

135
00:18:59,460 --> 00:19:00,680
I'll be right with you.

136
00:19:01,360 --> 00:19:04,000
Born on the 4th of July.

137
00:19:04,800 --> 00:19:08,700
I've got a Yankee Doodle sleeper.

138
00:19:09,080 --> 00:19:11,720
She is my Yankee Doodle pal.

139
00:19:12,620 --> 00:19:18,640
Yankee Doodle went to London just to
ride the pony. I am that Yankee Doodle

140
00:19:19,880 --> 00:19:21,800
I'm a Yankee Doodle man.

141
00:19:35,629 --> 00:19:36,629
Oh,

142
00:19:38,770 --> 00:19:42,850
my. Marshall would love this. I didn't
realize the Justice Department had a

143
00:19:42,850 --> 00:19:43,850
service. Thank you, Bruno.

144
00:19:44,190 --> 00:19:47,930
It would appear, esteemed judge, that
you're the one who's been cleaning up

145
00:19:47,930 --> 00:19:49,550
mayors and... Eight.

146
00:19:49,790 --> 00:19:50,790
Well, who's counting?

147
00:19:52,030 --> 00:19:55,110
What is it, a couple of state
secretaries, two state treasurers?

148
00:19:56,750 --> 00:19:59,070
Extortion, bribery, fraud.

149
00:19:59,930 --> 00:20:03,330
You should have had a sign over your
door. Abandon hope, all who litigate

150
00:20:05,590 --> 00:20:07,830
You're not such a bad prosecutor. Do you
miss it?

151
00:20:08,330 --> 00:20:09,330
What do you think?

152
00:20:16,830 --> 00:20:20,470
They've been in the custody of the
United States that long without a trial

153
00:20:20,470 --> 00:20:24,360
hearing? The man still is. The woman and
the child were released due to lack of

154
00:20:24,360 --> 00:20:26,300
evidence to find the city of West
Berlin.

155
00:20:26,520 --> 00:20:27,199
The city of what?

156
00:20:27,200 --> 00:20:28,200
History.

157
00:20:28,700 --> 00:20:32,320
You know, since the Iron Curtain, no one
has ever stood trial for escaping from

158
00:20:32,320 --> 00:20:33,019
the East.

159
00:20:33,020 --> 00:20:34,320
But hijacking is different.

160
00:20:34,900 --> 00:20:38,380
Now we're talking about international
treaty agreements, which, by the way, we

161
00:20:38,380 --> 00:20:42,000
have just signed, and all of the
international attention, so no one wants

162
00:20:42,000 --> 00:20:42,979
day in court.

163
00:20:42,980 --> 00:20:45,240
We certainly don't, and we occupy West
Berlin.

164
00:20:45,520 --> 00:20:47,040
The West Germans don't want it.

165
00:20:47,380 --> 00:20:49,800
So it's heads we lose, tails you win.

166
00:20:50,410 --> 00:20:52,270
So why don't they do that? Just toss a
coin?

167
00:20:52,510 --> 00:20:53,890
They did. We won. We did?

168
00:20:54,590 --> 00:20:58,190
The Chancellery has had a very
persuasive influence on the White House.

169
00:20:58,990 --> 00:21:02,930
This will be the first such United
States court for Berlin. All the

170
00:21:02,930 --> 00:21:03,930
will be American.

171
00:21:04,490 --> 00:21:07,070
That's for the lawyers and the judge.

172
00:21:08,170 --> 00:21:09,830
And you call that winning the toss?

173
00:21:10,050 --> 00:21:11,910
Of course, esteemed judge. We have you.

174
00:21:12,670 --> 00:21:15,910
You've become an Article II judge with
full diplomatic passport.

175
00:21:16,850 --> 00:21:19,030
This could mean a better shot at the
Supreme Court.

176
00:21:21,580 --> 00:21:22,760
How much time, you figure?

177
00:21:23,880 --> 00:21:24,880
No time at all.

178
00:21:25,420 --> 00:21:28,880
Case is open and shut. This man, Helmut
Thielez, his name, confessed to

179
00:21:28,880 --> 00:21:32,400
everything. He's quite candid in his
statement, held back nothing. He's proud

180
00:21:32,400 --> 00:21:33,940
it. Glad to be locked up.

181
00:21:35,140 --> 00:21:37,600
Are our prisons so much better than
their street?

182
00:21:38,380 --> 00:21:41,560
I want to discuss it with Marsha before
I agree, but there'll be no plea

183
00:21:41,560 --> 00:21:43,100
bargaining. You know how I feel about
that.

184
00:21:43,340 --> 00:21:47,000
Do I know how you stand on that? Wait,
you'll fall. This is all we've heard in

185
00:21:47,000 --> 00:21:47,879
law school.

186
00:21:47,880 --> 00:21:48,880
How does it go?

187
00:21:49,020 --> 00:21:50,020
Accept plea.

188
00:21:50,889 --> 00:21:55,330
Only if the scope of the punishment
afforded under the plea is adequate to

189
00:21:55,330 --> 00:21:56,330
the nature of the crime.

190
00:21:56,610 --> 00:21:59,070
Never mind a drug and an event.

191
00:22:01,430 --> 00:22:02,650
What did Bruno say?

192
00:22:02,970 --> 00:22:04,190
He said he sorry he missed you.

193
00:22:04,810 --> 00:22:05,970
That's very sweet.

194
00:22:06,210 --> 00:22:07,550
What did the man say?

195
00:22:07,910 --> 00:22:10,990
It's an open and shut case. Shouldn't
take any time at all. Could be like a

196
00:22:10,990 --> 00:22:14,410
second honeymoon for us, love. He said
the weather in Berlin is beautiful this

197
00:22:14,410 --> 00:22:17,870
time of the year. I think it's very
beautiful right here in New Jersey. Ah,

198
00:22:17,870 --> 00:22:18,870
do you know?

199
00:22:19,440 --> 00:22:21,440
You've already made your mind up,
haven't you?

200
00:22:22,160 --> 00:22:23,160
Yes, I have.

201
00:22:24,640 --> 00:22:25,640
Why?

202
00:22:26,360 --> 00:22:28,840
If it's an open and shut case, where's
the challenge?

203
00:22:29,360 --> 00:22:33,780
This could mean a lot to me, Marsha. Oh,
Herbert, Herbert, your ambition is

204
00:22:33,780 --> 00:22:34,780
shown.

205
00:22:35,680 --> 00:22:39,780
Good God, you're 42 years old and a
federal judge. What more do you want?

206
00:22:40,060 --> 00:22:41,160
It's good enough for me.

207
00:22:41,440 --> 00:22:42,720
You think I don't know that?

208
00:22:43,040 --> 00:22:44,040
Well, I don't believe it.

209
00:22:45,050 --> 00:22:46,470
A Jewish judge in Berlin.

210
00:22:46,770 --> 00:22:50,550
Oh, what's that got to do with it? God,
Herbert, we don't have a single relative

211
00:22:50,550 --> 00:22:53,110
left alive in Europe. We don't even have
a grave to visit.

212
00:22:53,350 --> 00:22:57,450
How can you be impartial? Maybe that's
the challenge, Marsha.

213
00:22:57,650 --> 00:23:02,350
Can I be a fair judge anywhere, under
any circumstances, here, on the moon, or

214
00:23:02,350 --> 00:23:03,350
in Germany?

215
00:23:14,350 --> 00:23:15,910
There's no other way.

216
00:25:06,960 --> 00:25:07,960
drive a taxi?

217
00:25:08,440 --> 00:25:10,400
Yeah, a taxi.

218
00:25:15,260 --> 00:25:22,220
I don't understand why

219
00:25:22,220 --> 00:25:23,460
you bring me here in such a way.

220
00:25:24,060 --> 00:25:27,660
See, I brought you here because I have
to share some information with you.

221
00:25:28,680 --> 00:25:29,680
I'm sorry.

222
00:25:29,980 --> 00:25:33,320
I had a very interesting visit this
morning from a Maria Schuster.

223
00:25:34,400 --> 00:25:36,360
Ex -wife of a certain Hans Schuster.

224
00:25:36,970 --> 00:25:40,150
She says her husband is being held
captive in East Germany because of

225
00:25:40,150 --> 00:25:41,150
woman.

226
00:25:41,550 --> 00:25:42,550
You.

227
00:25:44,050 --> 00:25:45,490
Now I understand it all.

228
00:25:45,690 --> 00:25:49,030
You've kept silent these last three
months so as not to jeopardize Hans

229
00:25:49,030 --> 00:25:50,030
Schuster's position.

230
00:25:50,970 --> 00:25:52,410
Siegfried, you cannot protect him.

231
00:25:52,810 --> 00:25:54,490
Nor can your silence help him.

232
00:25:55,070 --> 00:25:59,350
He is in jail in East Germany and
there's nothing we can do about it.

233
00:26:35,070 --> 00:26:36,470
Cigarette? Russian?

234
00:26:37,350 --> 00:26:38,810
No, French.

235
00:26:39,370 --> 00:26:40,550
Foreign ministry.

236
00:26:42,010 --> 00:26:43,830
Yuri Davidovich Andreev.

237
00:26:44,550 --> 00:26:46,930
Assistant to the First Secretary for
Security.

238
00:26:47,890 --> 00:26:51,190
International Department of the Party
Central Committee.

239
00:26:51,610 --> 00:26:52,630
I'm flattered.

240
00:26:54,790 --> 00:26:56,190
Ladies, gentlemen, comrades.

241
00:26:56,930 --> 00:27:01,150
Must think me very important to run to
the long apron strings of Mother Russia.

242
00:27:05,070 --> 00:27:07,550
These forgeries are remarkable.

243
00:27:07,830 --> 00:27:10,070
Are you in the business of arranging
defections?

244
00:27:10,390 --> 00:27:15,230
My name is Hans Schuster.

245
00:27:15,550 --> 00:27:19,890
I'm an electrical engineer employed by a
construction firm that does business on

246
00:27:19,890 --> 00:27:21,070
both sides of the wall.

247
00:27:21,490 --> 00:27:25,050
I met Sigrid Radke in February of 1977.

248
00:27:25,550 --> 00:27:26,770
We fell in love.

249
00:27:27,150 --> 00:27:31,170
The fact that we lived in two different
worlds was an inconvenience I thought to

250
00:27:31,170 --> 00:27:34,170
overcome. I was the secure for Sigrid
and her daughter.

251
00:27:35,030 --> 00:27:40,070
counterfeit West German ID passes,
rendezvous with them in Poland, where,

252
00:27:40,070 --> 00:27:44,090
to the false IDs, we would all board a
ship bound for Rome and the free world.

253
00:27:45,770 --> 00:27:47,310
Obviously, my plan failed.

254
00:27:48,890 --> 00:27:49,950
And Helmut Thiele?

255
00:27:51,330 --> 00:27:52,330
A waiter.

256
00:27:52,550 --> 00:27:53,910
A friend of Siegfried's.

257
00:27:54,390 --> 00:27:56,430
He has children in the West, I believe.

258
00:27:57,690 --> 00:27:59,050
You do that very well.

259
00:28:00,870 --> 00:28:02,810
This week, I've practiced the payoff.

260
00:28:04,879 --> 00:28:11,800
Mother Russia believes you. Then I don't
understand.

261
00:28:13,200 --> 00:28:14,200
Why the waiting?

262
00:28:15,720 --> 00:28:16,720
Try me.

263
00:28:16,880 --> 00:28:18,760
Try me for the crimes to which I
confess.

264
00:28:19,100 --> 00:28:21,200
Get it over with. I would like that.

265
00:28:22,220 --> 00:28:24,940
I believe you had nothing to do with the
hijacking.

266
00:28:25,820 --> 00:28:29,940
What hijacking? The Polish airliner. The
one they forced to take them to West

267
00:28:29,940 --> 00:28:31,020
Berlin. My God.

268
00:28:32,100 --> 00:28:33,100
They are free?

269
00:28:33,390 --> 00:28:34,710
Your friends are not free.

270
00:28:34,930 --> 00:28:38,030
At this moment, they are in prison like
you, waiting to go on trial.

271
00:28:38,350 --> 00:28:39,350
That can't be true.

272
00:28:39,690 --> 00:28:42,770
No one has ever been tried in the West
for escaping from the East.

273
00:28:43,030 --> 00:28:47,270
Correct. The Americans will do it for
us. The Americans? They will be the

274
00:28:48,090 --> 00:28:49,090
That's impossible.

275
00:28:49,710 --> 00:28:50,710
Oh, no.

276
00:28:51,010 --> 00:28:55,050
In all fairness to the free world, we
shall let the American court establish

277
00:28:55,050 --> 00:28:56,610
your sentence and their trial.

278
00:28:57,730 --> 00:28:59,690
We shall be watching very carefully.

279
00:29:00,750 --> 00:29:01,990
The war, Herr Schuster.

280
00:29:02,990 --> 00:29:05,970
It's four meters high and 160 kilometers
long.

281
00:29:06,330 --> 00:29:12,930
You are in the construction business.
You know how... You know how expensive

282
00:29:12,930 --> 00:29:13,930
that can be.

283
00:29:14,510 --> 00:29:18,030
Now, one of my duties is to make sure
all that money doesn't go to waste.

284
00:29:18,750 --> 00:29:22,430
In that sense, I too am in the
construction business.

285
00:29:23,250 --> 00:29:28,710
But if you are, in fact, in the
profession of engineering escapes, then

286
00:29:28,710 --> 00:29:30,350
stay here will be indefinite.

287
00:29:37,840 --> 00:29:40,280
Please believe, there's nothing personal
in what I tell you.

288
00:29:40,820 --> 00:29:43,060
And I know what a man will do for love.

289
00:29:45,760 --> 00:29:46,880
But the laws belong.

290
00:30:30,700 --> 00:30:31,700
I think Marsha was right.

291
00:30:32,300 --> 00:30:33,279
About what?

292
00:30:33,280 --> 00:30:34,680
A Jewish judge in Berlin.

293
00:30:35,840 --> 00:30:38,160
Somehow it doesn't sit well. The
legacy's all wrong.

294
00:30:39,900 --> 00:30:41,000
Legacy, shmagacy.

295
00:30:41,880 --> 00:30:43,760
Judges are judges and judge, Poe Berlin.

296
00:30:44,500 --> 00:30:45,500
That's it.

297
00:30:45,840 --> 00:30:51,220
I don't envy the defense here.

298
00:30:52,020 --> 00:30:54,300
How can any lawyer defend a skyjacking?

299
00:30:55,160 --> 00:30:56,520
Do you have a list of the players?

300
00:30:59,400 --> 00:31:00,740
Do the best for the man.

301
00:31:01,360 --> 00:31:04,480
Well, you'd be especially interested in
the choice of the woman's counselor.

302
00:31:05,040 --> 00:31:06,040
Bernie Hillary?

303
00:31:06,360 --> 00:31:08,460
Six weeks they had Rotke and the girl.

304
00:31:08,660 --> 00:31:14,440
Six weeks with Heller working on them
day in and day out every day. And he got

305
00:31:14,440 --> 00:31:20,360
nothing. Yet the moment Rotke is
released, she comes bouncing back, eager

306
00:31:20,360 --> 00:31:24,160
turn herself in with a carbon copy of
Cheely's Confession on her lips, right?

307
00:31:24,740 --> 00:31:26,680
Right. And we're supposed to believe it,
right?

308
00:31:27,560 --> 00:31:29,660
Why? Because she confessed.

309
00:31:30,040 --> 00:31:31,160
Oh, shit.

310
00:31:32,040 --> 00:31:35,780
This is not a free -flowing confession.
It's too hard. It's too constructive.

311
00:31:36,140 --> 00:31:38,360
There's got to have been more said.

312
00:31:38,740 --> 00:31:42,120
Questions, answers, comments, small
talk, something, anything.

313
00:31:42,860 --> 00:31:46,540
Now, what about the other passengers?
Did they say anything? Hear anything?

314
00:31:46,860 --> 00:31:47,960
No, nothing.

315
00:31:48,380 --> 00:31:52,780
And even if they had, they wouldn't say
anything to help us. I mean, they only

316
00:31:52,780 --> 00:31:53,920
have relatives in the East.

317
00:31:58,990 --> 00:32:05,270
Frau Becker, do you think you could get
hold of a copy of the full

318
00:32:05,270 --> 00:32:07,950
transcript of Sigurd's interview with
Heller?

319
00:32:10,630 --> 00:32:11,970
I'll see what I can do.

320
00:32:12,790 --> 00:32:14,090
Good girl. Thank you.

321
00:32:16,550 --> 00:32:17,550
All rise.

322
00:32:17,930 --> 00:32:23,190
God save the United States and this
honorable court.

323
00:32:24,410 --> 00:32:25,450
You may be seated.

324
00:32:26,879 --> 00:32:30,900
May I, Your Honor, for the record,
introduce the counsellors for both

325
00:32:31,260 --> 00:32:34,640
Representing the prosecution is the
United States Attorney for Berlin, Mr.

326
00:32:34,640 --> 00:32:39,280
Palmer, Mr. Alan Sherman, the Special
Prosecutor for the United States Court

327
00:32:39,280 --> 00:32:40,280
Berlin.

328
00:32:40,620 --> 00:32:41,620
Representing the defendant, Mr.

329
00:32:41,820 --> 00:32:42,820
Elmer Thiele, Mr.

330
00:32:42,900 --> 00:32:43,900
Judah Best.

331
00:32:44,560 --> 00:32:48,460
Representing Ms. Sigrid Radke, Mr.
Bernard Hellring, and German counsel for

332
00:32:48,460 --> 00:32:49,500
defendants, Ms. Kim Beckett.

333
00:32:51,720 --> 00:32:52,820
Thank you, Mr. Ristow.

334
00:32:53,600 --> 00:32:56,800
I want to emphasize that the purpose of
this preliminary hearing is not to

335
00:32:56,800 --> 00:33:00,000
determine the guilt or innocence of
either accused, but solely to determine

336
00:33:00,000 --> 00:33:03,540
the United States, which has been called
upon to exercise jurisdiction in

337
00:33:03,540 --> 00:33:07,700
connection with this matter, can find
probable cause to believe that one or

338
00:33:07,700 --> 00:33:11,480
of the defendants has committed a crime,
in which case the accused will be held

339
00:33:11,480 --> 00:33:13,280
over for a full trial. Is that clear?

340
00:33:13,760 --> 00:33:18,220
Now then, Mr. Sherman, I understand a
complaint has been filed against each of

341
00:33:18,220 --> 00:33:21,100
these defendants. That is correct, Your
Honor. Would you please inform the court

342
00:33:21,100 --> 00:33:22,100
of the charges?

343
00:33:22,490 --> 00:33:27,170
Your Honor, the defendants Helmut Thiele
and Sigrid Radke have been charged with

344
00:33:27,170 --> 00:33:29,870
the following four counts in violation
of the West German Penal Code.

345
00:33:30,210 --> 00:33:32,190
First, hijacking an airplane.

346
00:33:32,890 --> 00:33:37,790
Second, taking a hostage to wit the lot
stewardess. Third, depriving the

347
00:33:37,790 --> 00:33:41,590
passengers of that plane of their
liberty. And fourth, doing bodily harm

348
00:33:41,590 --> 00:33:43,170
another to wit the stewardess.

349
00:33:43,650 --> 00:33:47,190
Besides that, Your Honor, defendant
Thiele has been charged with the fifth

350
00:33:47,190 --> 00:33:49,710
count, possession of a firearm without a
license.

351
00:33:50,280 --> 00:33:53,680
Are you prepared to demonstrate there is
probable cause to hold the defendants

352
00:33:53,680 --> 00:33:56,540
on these charges? I am, Your Honor. Very
well. You may call your first witness.

353
00:33:57,100 --> 00:33:58,620
Colonel Patrick Heller.

354
00:33:59,020 --> 00:34:03,020
Colonel Heller, can you tell us what
your investigation has shown regarding

355
00:34:03,020 --> 00:34:06,520
happened on the plane before it landed?
The airplane was located approximately

356
00:34:06,520 --> 00:34:11,040
15 minutes from Schoenerville Airport in
East Berlin, when, according to his

357
00:34:11,040 --> 00:34:15,880
confession, Helmut Thiel made his way to
the galley, grasped the hair of the

358
00:34:15,880 --> 00:34:20,770
stewardess, Beata Lavendowska, placed
the pistol to her head, and forced her

359
00:34:20,770 --> 00:34:21,770
the floor of the aircraft.

360
00:34:22,650 --> 00:34:26,750
He then told the crew that if they did
not land in Temple of Airport, he would

361
00:34:26,750 --> 00:34:27,750
shoot the stewardess.

362
00:34:30,050 --> 00:34:36,130
Colonel Heller, isn't it true that from
August the 30th to September the 10th,

363
00:34:36,150 --> 00:34:42,489
1978, Sigrid Rottke was held against her
will and without benefit of counsel...

364
00:34:42,489 --> 00:34:46,250
Object, Your Honor. That is the material
to the statement made on November 28th,

365
00:34:46,250 --> 00:34:49,070
when she came in voluntarily to set the
record straight.

366
00:34:49,469 --> 00:34:53,030
Sustained. Mr. Hellring, you will please
confine your questioning to the

367
00:34:53,030 --> 00:34:54,330
statement of November 28th.

368
00:34:56,469 --> 00:35:01,230
Now, isn't it true, Colonel, that the
only shred of evidence you have against

369
00:35:01,230 --> 00:35:06,150
Mrs. Rottke is her own statement, since
none of the passengers on the airplane

370
00:35:06,150 --> 00:35:08,390
actually saw her doing it? Object, Your
Honor.

371
00:35:08,670 --> 00:35:13,470
Mr. Hellring is leading the witness.
Your Honor, every single passenger on

372
00:35:13,470 --> 00:35:17,690
plane was interrogated. I think the
question demands an answer. I agree.

373
00:35:18,170 --> 00:35:20,760
Overruled. Please continue, Mr. Hover.
Thank you, sir.

374
00:35:21,280 --> 00:35:22,440
I'll repeat the question.

375
00:35:23,280 --> 00:35:28,600
Isn't it true that the only evidence you
have against Mrs. Rotke is her own

376
00:35:28,600 --> 00:35:29,600
statement?

377
00:35:29,980 --> 00:35:35,260
Yes, I would say that. And isn't it also
true that Mrs. Rotke told you that she

378
00:35:35,260 --> 00:35:39,560
had begged Mr. Teeley not to go through
with the hijacking and that actually she

379
00:35:39,560 --> 00:35:41,020
attempted to prevent it?

380
00:35:41,240 --> 00:35:42,240
Objection, Your Honor.

381
00:35:42,460 --> 00:35:45,480
Overruled. The witness will please
answer that question.

382
00:35:45,840 --> 00:35:46,920
She did say that.

383
00:35:47,210 --> 00:35:51,290
Your Honor, what Sigrid Radke may or may
not have said to Thiele on that plane

384
00:35:51,290 --> 00:35:52,269
doesn't matter.

385
00:35:52,270 --> 00:35:56,310
The point is she did use her own
daughter to smuggle a gun on board, and

386
00:35:56,310 --> 00:36:00,570
hand that gun to Thiele. And then she
did nothing whatsoever to warn the

387
00:36:00,570 --> 00:36:06,370
captain, the crew, or the passengers
that a hijacking, a hijacking was about

388
00:36:06,370 --> 00:36:07,209
take place.

389
00:36:07,210 --> 00:36:10,710
I'm inclined to agree with you, Mr.
Sherman, but whether or not Mrs. Radke

390
00:36:10,710 --> 00:36:15,190
attempted to withdraw from the scheme is
a matter to be decided at a trial, not

391
00:36:15,190 --> 00:36:16,490
at this preliminary hearing.

392
00:36:17,070 --> 00:36:18,170
Anything further, Mr. Elring?

393
00:36:18,930 --> 00:36:19,930
No, Your Honor.

394
00:36:20,390 --> 00:36:21,388
Nothing further.

395
00:36:21,390 --> 00:36:23,250
Does the government wish to re -examine?

396
00:36:23,490 --> 00:36:26,030
Not at this time, Your Honor. Very well.
The witness may step down.

397
00:36:29,970 --> 00:36:36,530
Ladies and gentlemen, at this time, the
court rules that there is probable

398
00:36:36,530 --> 00:36:37,830
cause... Excuse me, Your Honor.

399
00:36:39,330 --> 00:36:40,330
Mr. Best?

400
00:36:40,950 --> 00:36:41,950
Yes, Your Honor.

401
00:36:42,650 --> 00:36:47,050
I've been advised by my colleague, Frau
Becker, that... There is here in Berlin

402
00:36:47,050 --> 00:36:51,790
a perfectly valid constitution, very
similar to our own, similar in its

403
00:36:51,790 --> 00:36:55,930
protection of individual rights, but it
doesn't provide for the specific

404
00:36:55,930 --> 00:37:00,230
elements of due process as we understand
them, in particular the right to a

405
00:37:00,230 --> 00:37:01,270
trial by jury.

406
00:37:02,410 --> 00:37:06,150
My client would like to know at this
time if he will have a trial before his

407
00:37:06,150 --> 00:37:11,010
peers, citizens of Berlin, as guaranteed
by the American Constitution.

408
00:37:16,680 --> 00:37:21,700
Mr. Best, I can only assure you as a
federal judge that your alarm... Your

409
00:37:21,700 --> 00:37:23,840
Honor, excuse me. I believe Mr.

410
00:37:24,420 --> 00:37:26,680
Palmer would like to respond to that
now. Mr. Palmer.

411
00:37:27,900 --> 00:37:29,840
May I approach the bench, Your Honor?
You may.

412
00:37:30,400 --> 00:37:31,400
Mr. Best.

413
00:37:35,640 --> 00:37:41,400
I'm sure Your Honor will appreciate the
reluctance with which we approach this

414
00:37:41,400 --> 00:37:46,660
complex. question at this time but i do
not believe that we are actually bound

415
00:37:46,660 --> 00:37:53,380
by law to extend those rights mr

416
00:37:53,380 --> 00:37:57,700
united states attorney it is the
farthest thing from my mind to embarrass

417
00:37:57,700 --> 00:38:02,080
your client but all of us not just in
defense but all of us the council the

418
00:38:02,080 --> 00:38:05,820
court the people are entitled to know
the limits of this court's authority

419
00:38:05,820 --> 00:38:09,870
honor excuse me mr palmer Is it the
government's position that the

420
00:38:09,870 --> 00:38:12,910
of the United States applies here fully
or something less?

421
00:38:14,050 --> 00:38:18,550
We are not prepared to give a definitive
position on that issue, sir. And we

422
00:38:18,550 --> 00:38:22,790
would argue in American court...
Gentlemen, we are not having argument on

423
00:38:22,790 --> 00:38:24,210
today. Be seated, please.

424
00:38:32,050 --> 00:38:33,230
We will next...

425
00:38:33,630 --> 00:38:37,730
Proceed to arraign the defendants and
reconvene here next Monday morning to

426
00:38:37,730 --> 00:38:38,750
a firm date for trial.

427
00:38:39,230 --> 00:38:40,230
Adjourned.

428
00:38:47,510 --> 00:38:48,750
Open and shut gates.

429
00:38:49,090 --> 00:38:50,090
It's a cake.

430
00:38:50,450 --> 00:38:51,930
Shouldn't take any time at all.

431
00:38:52,250 --> 00:38:53,250
Right, Bruno?

432
00:39:57,230 --> 00:39:58,810
I'll provide the entertainment from here
on.

433
00:39:59,790 --> 00:40:01,110
Hey, that's my thing.

434
00:40:01,670 --> 00:40:02,549
Greatest legs.

435
00:40:02,550 --> 00:40:04,170
Second greatest legs in the world.

436
00:40:08,830 --> 00:40:09,970
I don't hear anything.

437
00:40:10,230 --> 00:40:13,010
Oh, from continent to continent, some
things never change.

438
00:40:14,490 --> 00:40:15,490
Hello.

439
00:40:15,670 --> 00:40:16,830
Yeah, Bruno, what's up?

440
00:40:19,090 --> 00:40:21,170
What the hell do you mean, no jury
trial?

441
00:40:24,560 --> 00:40:28,300
The United States authority in Berlin is
derived from rights of conquest, not

442
00:40:28,300 --> 00:40:31,300
the consent of the governed. So, in
other words, the citizens of West Berlin

443
00:40:31,300 --> 00:40:32,600
have no rights at all.

444
00:40:33,140 --> 00:40:37,080
The United States court for Berlin is an
instrument of the occupation policy of

445
00:40:37,080 --> 00:40:41,900
the United States. The decision whether
to grant a jury trial is a political and

446
00:40:41,900 --> 00:40:43,380
not a judicial question.

447
00:40:44,900 --> 00:40:48,420
Don't look at me, Judge. I didn't write
it. So who did write it? Adolf Hitler?

448
00:40:48,800 --> 00:40:53,200
The decision whether to grant a jury
trial is a political...

449
00:40:53,900 --> 00:40:56,200
and not a judicial question.

450
00:40:57,560 --> 00:41:03,740
This, as I understand it, Your Honor, is
the position of these prosecutors for

451
00:41:03,740 --> 00:41:05,620
the United States of America.

452
00:41:06,420 --> 00:41:12,080
I have been able to find only one legal
precedent for their position, Your

453
00:41:12,080 --> 00:41:15,420
Honor. It is the case called Cat vs.

454
00:41:15,880 --> 00:41:21,740
Mouse from a foreign jurisdiction from
the casebook.

455
00:41:21,980 --> 00:41:24,660
called Alice's Adventures in Wonderland.

456
00:41:25,260 --> 00:41:30,700
A cat named Fury said to a mouse that he
met in the house, let us both go to

457
00:41:30,700 --> 00:41:33,260
law. I will prosecute you.

458
00:41:33,760 --> 00:41:37,540
Come, I'll take no denial. We must have
the trial, for really this morning I

459
00:41:37,540 --> 00:41:38,540
have nothing to do.

460
00:41:38,600 --> 00:41:45,580
Said the mouse to the cur, such a trial,
dear sir, with no jury or judge would

461
00:41:45,580 --> 00:41:48,740
be wasting our breath. I'll be the
judge.

462
00:41:49,320 --> 00:41:54,080
I'll be the jury, said the cunning old
fury. I'll try the whole cause and

463
00:41:54,080 --> 00:41:55,240
condemn you to death.

464
00:41:56,360 --> 00:42:03,020
What a shame that I should even have to
rise to

465
00:42:03,020 --> 00:42:06,500
respond to such a position on behalf of
our country.

466
00:42:06,900 --> 00:42:13,200
A position written by people somewhere
in some foggy bottom with some pretty

467
00:42:13,200 --> 00:42:14,200
foggy heads.

468
00:42:16,270 --> 00:42:19,950
I ask the court to rule, Your Honor, not
just for our clients, but for the honor

469
00:42:19,950 --> 00:42:24,670
of our country, that these fugitives
from another social system be at least

470
00:42:24,670 --> 00:42:28,730
entitled to due process of the law in
this American court.

471
00:42:31,950 --> 00:42:36,170
We do not understand the confusion on
the part of the defense over this

472
00:42:36,250 --> 00:42:39,530
Your Honor. Well, this court is a little
confused, too, Mr. Palmer.

473
00:42:39,750 --> 00:42:45,440
This court... This court... sits in
conquered territory.

474
00:42:45,680 --> 00:42:47,080
It is an occupational court.

475
00:42:47,360 --> 00:42:51,340
Therefore, it stands to reason that it
is an instrument of American foreign

476
00:42:51,340 --> 00:42:54,960
policy. It cannot, by definition,
independently decide anything.

477
00:42:55,720 --> 00:43:01,660
So, in other words, this court must
follow the directives of the U .S.

478
00:43:01,660 --> 00:43:05,640
of State. In other words, my job here is
to simply obey. I have nothing to

479
00:43:05,640 --> 00:43:07,840
decide. Not on the question of the jury
trial, no.

480
00:43:15,400 --> 00:43:19,440
Are you telling me that the Constitution
of the United States does not apply in

481
00:43:19,440 --> 00:43:20,379
this court?

482
00:43:20,380 --> 00:43:25,040
It is our position that we're not
restricted by the United States

483
00:43:25,040 --> 00:43:26,940
in these proceedings. That is correct.

484
00:43:30,440 --> 00:43:33,860
Have you ever heard anyone say that to
any judge in an American courtroom

485
00:43:33,860 --> 00:43:35,160
anywhere? I have not.

486
00:43:35,380 --> 00:43:38,160
Two U .S. government prosecutors, one a
black and the other a Jew, and they

487
00:43:38,160 --> 00:43:39,760
sound like a couple of goddamn Nazis.

488
00:44:08,270 --> 00:44:12,010
Do they really expect me to do the same
thing that Nuremberg prosecuted all

489
00:44:12,010 --> 00:44:15,150
those German judges for doing here 45
years ago? You heard him, Bruno.

490
00:44:15,490 --> 00:44:19,150
They want me to be a good little boy and
follow the Führer's orders and rule

491
00:44:19,150 --> 00:44:23,130
that defendants in my court are no more
than a mere extension of foreign policy.

492
00:44:23,230 --> 00:44:25,410
They want me to become a goddamn Nazi
judge.

493
00:44:29,090 --> 00:44:31,110
Well, they can go to hell first. You
know what I'm going to do?

494
00:44:31,970 --> 00:44:34,830
I'm going to do what those German judges
should have done in 1934.

495
00:44:35,070 --> 00:44:37,590
I'm going to resign. They can get
somebody else to do their dirty work.

496
00:44:38,029 --> 00:44:39,029
Herb, listen.

497
00:44:40,550 --> 00:44:45,030
If a jury of Berliners has brought in a
judge case in which the United States is

498
00:44:45,030 --> 00:44:48,850
a litigant, then the conquered are
judging the conquerors.

499
00:44:49,370 --> 00:44:52,050
And our status as an occupying power is
at an end.

500
00:44:52,730 --> 00:44:54,050
And Berlin is a free city.

501
00:44:54,610 --> 00:44:56,150
And then the yogurt hits the fan.

502
00:44:56,830 --> 00:44:58,710
Because the Russians will be here the
next day.

503
00:44:59,950 --> 00:45:03,890
Now, all I am saying is that this is not
good guys and bad guys. This is the

504
00:45:03,890 --> 00:45:04,890
state.

505
00:45:05,230 --> 00:45:08,850
And Mrs. Palmer and Sherman are in the
very unenviable position of representing

506
00:45:08,850 --> 00:45:11,290
the state in what seems to be an
inhumane policy.

507
00:45:12,970 --> 00:45:15,530
You work for the state, Bruno. How do
you stand?

508
00:45:18,390 --> 00:45:22,870
In this instance, I support the decision
of the court.

509
00:45:25,890 --> 00:45:27,710
And that decision is mine alone.

510
00:46:02,800 --> 00:46:03,800
Some honeymoon.

511
00:46:05,220 --> 00:46:07,840
Weather in Berlin is beautiful this time
of year.

512
00:46:08,080 --> 00:46:10,740
I'm sorry. I'm just trying to understand
what drives me.

513
00:46:12,000 --> 00:46:13,360
What the hell is it?

514
00:46:14,620 --> 00:46:15,620
Look at this.

515
00:46:17,620 --> 00:46:19,840
My God, that actually happened.

516
00:46:23,560 --> 00:46:27,960
You know, 70 people have been killed and
more than 3 ,000 arrested trying to

517
00:46:27,960 --> 00:46:29,700
cross that God -forsaken wall.

518
00:46:30,570 --> 00:46:33,230
And now I have to sit and judge around
two that made it.

519
00:46:34,530 --> 00:46:36,010
How the hell can I do that?

520
00:46:36,530 --> 00:46:39,770
Especially with the State Department
breathing down my neck, telling me

521
00:46:39,770 --> 00:46:41,050
no right to a jury trial.

522
00:46:41,370 --> 00:46:43,030
Herbert, you have made your point.

523
00:46:43,830 --> 00:46:48,050
This case isn't just a challenge
anymore. It has gone so far beyond that,

524
00:46:48,050 --> 00:46:49,090
I'm getting scared now.

525
00:46:50,050 --> 00:46:52,710
Why don't you let somebody else finish
it and resign?

526
00:46:53,010 --> 00:46:56,250
Don't think I'm not seriously
considering resigning, but I have to

527
00:46:56,910 --> 00:47:00,070
What would have happened if Earl Warren
had stopped defending the Constitution

528
00:47:00,070 --> 00:47:02,070
before schools in the South were
integrated?

529
00:47:02,710 --> 00:47:06,650
And what if judges like Frank Johnson of
Alabama and Bob Mirage of Virginia

530
00:47:06,650 --> 00:47:10,090
hadn't fought for equal rights? They
even firebombed Mirage's house, and he's

531
00:47:10,090 --> 00:47:11,009
still held firm.

532
00:47:11,010 --> 00:47:14,710
Who the hell am I to walk away when the
Constitution's in jeopardy? Oh, come off

533
00:47:14,710 --> 00:47:17,390
it, Don Quixote. Those guys were
fighting for civil rights.

534
00:47:17,590 --> 00:47:20,970
You're risking our entire future here
for a couple of Germans.

535
00:47:22,170 --> 00:47:23,170
So that's it.

536
00:47:24,200 --> 00:47:27,500
You want me to take out the Holocaust on
them? Bullshit. That is not the point

537
00:47:27,500 --> 00:47:32,020
at all. Yes, ma 'am. That is not the
point. Yes, that is the point, Marsha.

538
00:47:32,260 --> 00:47:35,440
You want me to bury these people to make
up for all our graveless relatives.

539
00:47:35,680 --> 00:47:36,680
Well, let me tell you something.

540
00:47:36,960 --> 00:47:41,680
My sole responsibility here is to uphold
my oath to the Constitution and not to

541
00:47:41,680 --> 00:47:44,180
any government policies or personal
causes.

542
00:48:04,520 --> 00:48:05,520
Please approach the bench.

543
00:48:13,960 --> 00:48:19,560
Sir, this court rejects out of hand any
notion that these defendants have no

544
00:48:19,560 --> 00:48:24,380
rights here, and unless and until a
different United States judge for Berlin

545
00:48:24,380 --> 00:48:28,160
presides here, the Constitution will
remain in full force in effect.

546
00:48:28,500 --> 00:48:30,180
I'm calling your bluff, Mr. Palmer.

547
00:48:30,760 --> 00:48:34,580
If the occupational authorities do not
bring a jury of Berliners into this

548
00:48:34,580 --> 00:48:37,560
courtroom, I'm going to be forced to set
these people free.

549
00:48:41,740 --> 00:48:48,540
You know, I always thought it would be
different here in the West, but Hans was

550
00:48:48,540 --> 00:48:49,540
always optimistic.

551
00:48:50,680 --> 00:48:52,000
It is different here.

552
00:48:53,020 --> 00:48:58,240
It's not perfect, but at least we can
try to make our system work.

553
00:48:58,920 --> 00:49:00,500
Countries don't care who they're hurt.

554
00:49:02,500 --> 00:49:05,560
What is the difference between one
system and the other when we have

555
00:49:12,120 --> 00:49:13,120
I'm sorry.

556
00:49:16,720 --> 00:49:18,080
I'm sorry. I know you.

557
00:49:19,320 --> 00:49:23,040
You're really... Very good, Manny.
You're trying to do everything for

558
00:49:23,040 --> 00:49:27,660
me. Please, Sigrid, let me do it. Let me
show how you were tricked into making

559
00:49:27,660 --> 00:49:28,660
your confession.

560
00:49:29,080 --> 00:49:30,080
No.

561
00:49:31,460 --> 00:49:36,220
Don't you see that these Russians are
here? They're in court. They see

562
00:49:36,220 --> 00:49:37,880
everything. They listen, they watch,
they see.

563
00:49:38,540 --> 00:49:42,360
There's no hope for Hans if they know
how he helped us. Look, it's bound to

564
00:49:42,360 --> 00:49:43,520
out sooner or later.

565
00:49:44,000 --> 00:49:45,240
Okay, but not through me.

566
00:49:45,460 --> 00:49:47,580
It's our only defense, Sigrid.

567
00:49:48,720 --> 00:49:49,780
Then I have no defense.

568
00:49:52,880 --> 00:49:56,580
Don't you see that I'd rather go to jail
for four or five or some more years

569
00:49:56,580 --> 00:50:01,240
than to hurt him? I please you, respect
that. Don't know that it's four or five

570
00:50:01,240 --> 00:50:04,300
years. We could be looking at a sentence
of 15 years.

571
00:50:04,520 --> 00:50:06,380
It doesn't matter. Oh, for God's sake.

572
00:50:07,220 --> 00:50:10,300
Save me from stupid self -sacrifice.

573
00:50:11,180 --> 00:50:12,320
Tell me something secret.

574
00:50:12,880 --> 00:50:16,900
Will your sense of honor and virtue feed
your daughter? Will it put a roof over

575
00:50:16,900 --> 00:50:19,500
her head? Will it keep her company for
15 years?

576
00:50:20,880 --> 00:50:23,040
Will Hans want you to do that?

577
00:50:57,020 --> 00:50:58,340
How accurate are they?

578
00:51:00,060 --> 00:51:01,340
Surprisingly accurate, I'd say.

579
00:51:02,660 --> 00:51:04,900
Especially regarding this particular
trial.

580
00:51:05,260 --> 00:51:08,700
So I can believe that Ikrit has not so
far brought up my name.

581
00:51:10,220 --> 00:51:12,560
That silence may be an attempt to
protect me.

582
00:51:13,180 --> 00:51:14,760
That's an act of love I can't accept.

583
00:51:15,320 --> 00:51:17,740
She must tell them. And you think that
set you free?

584
00:51:18,160 --> 00:51:19,940
No. I'm worried for her.

585
00:51:20,960 --> 00:51:22,060
I'm worried for the child.

586
00:51:23,060 --> 00:51:24,740
But you wouldn't understand that, I
think.

587
00:51:25,750 --> 00:51:28,190
Really? You are too pragmatic, you
people.

588
00:51:29,150 --> 00:51:32,710
From each according to his ability to
each according to his need.

589
00:51:33,270 --> 00:51:34,570
Sounds so simple.

590
00:51:35,130 --> 00:51:36,130
Beautiful.

591
00:51:36,790 --> 00:51:39,130
But where in that capital does it speak
of love?

592
00:51:39,910 --> 00:51:43,570
I'm not sure what Karl Marx had in mind,
but I know this isn't what God

593
00:51:43,570 --> 00:51:44,570
intended.

594
00:51:44,610 --> 00:51:45,610
God talks to you?

595
00:51:45,910 --> 00:51:46,910
No.

596
00:51:47,390 --> 00:51:48,750
I just feel with him.

597
00:51:50,310 --> 00:51:52,750
Perhaps we have more in common than you
know.

598
00:51:53,550 --> 00:51:54,550
Then help me.

599
00:52:00,200 --> 00:52:01,200
I have written a letter for her.

600
00:52:02,240 --> 00:52:03,620
You can read it if you wish.

601
00:52:04,840 --> 00:52:06,700
It asked her to tell the truth.

602
00:52:07,080 --> 00:52:08,080
To save herself.

603
00:52:08,640 --> 00:52:09,640
Nothing more.

604
00:52:09,820 --> 00:52:11,680
I cannot do that, Herr Schuster.

605
00:52:13,060 --> 00:52:14,520
I'll tell you who supplied me.

606
00:52:14,800 --> 00:52:17,300
With the passport, the papers, the
forgeries, everything.

607
00:52:18,280 --> 00:52:20,340
Herr Schuster, how do you think we found
you?

608
00:52:25,620 --> 00:52:27,520
Now, Mr. Hellring.

609
00:52:28,650 --> 00:52:32,230
I understand that you wish to have the
statement of November 28th suppressed.

610
00:52:32,470 --> 00:52:33,288
Is this true?

611
00:52:33,290 --> 00:52:36,790
Yes, it is, Your Honor. Very well. I
will hear your argument, sir, but I hope

612
00:52:36,790 --> 00:52:40,190
is possible for you to accommodate the
sensibilities of this court, or perhaps

613
00:52:40,190 --> 00:52:41,490
more accurately, this judge.

614
00:52:43,010 --> 00:52:48,010
Your Honor, you will forgive me if I
don't quite comprehend your meaning?

615
00:52:48,010 --> 00:52:52,110
shall be even and direct, sir. I hope
there will be no more long and flowery

616
00:52:52,110 --> 00:52:55,430
speeches, Mr. Elring, just simple
declarative sentences, okay?

617
00:52:59,590 --> 00:53:06,130
Your Honor, I will attempt, with the
greatest difficulty, to control my use

618
00:53:06,130 --> 00:53:11,210
the language that I love. A language
that embellishes the law with great

619
00:53:11,410 --> 00:53:13,130
Let us get on with it, please.

620
00:53:13,930 --> 00:53:17,690
I'll try, Your Honor. Thank you, Mr.
Helring. Now then, why do you wish to

621
00:53:17,690 --> 00:53:18,690
the statement suppressed?

622
00:53:18,890 --> 00:53:22,830
Your Honor, I have in this hand a
statement, a confession.

623
00:53:23,230 --> 00:53:26,170
And in the other hand... And in the
other hand...

624
00:53:26,380 --> 00:53:32,860
I have a transcript of that same
confession, but including the leading

625
00:53:32,860 --> 00:53:37,440
coercive questions concocted by the
interrogators. Please remember your

626
00:53:37,440 --> 00:53:38,660
to the court, Mr. Hellring.

627
00:53:39,300 --> 00:53:43,680
Now then, are you telling me that that
statement was not freely given, that

628
00:53:43,800 --> 00:53:47,780
Radka did not come in voluntarily to
clear the air, as Mr. Sherman assured

629
00:53:47,780 --> 00:53:52,660
court? Take note, Your Honor, of how
simple and declarative I can be.

630
00:53:53,760 --> 00:53:54,760
Yes.

631
00:53:55,440 --> 00:53:56,440
Objection, Your Honor.

632
00:53:56,980 --> 00:54:00,980
Overruled, Mr. Sherman. How dare Mr.
Hellring... Mr. Sherman, you are

633
00:54:00,980 --> 00:54:01,980
Please sit down.

634
00:54:08,720 --> 00:54:13,060
Who presided over this interrogation?
Colonel Patrick J. Heller, Your Honor.

635
00:54:13,200 --> 00:54:16,220
Hellring, that transcript must be
produced and marked into evidence.

636
00:54:17,660 --> 00:54:19,860
Oh, but... Your Honor, I'm afraid I
cannot.

637
00:54:20,080 --> 00:54:23,880
My client... Mr. Hellring. No, Your
Honor, I think it would be

638
00:54:23,880 --> 00:54:27,020
Mr. Hellring, I order you to show me
that transcript now.

639
00:54:27,480 --> 00:54:32,760
No, but... Excuse me for a moment, Your
Honor.

640
00:54:34,700 --> 00:54:38,820
Secret. I'm sorry, but there's nothing I
can do. The judge has ordered me.

641
00:54:57,240 --> 00:55:01,460
Madam, I'm compelled to inform you,
regretfully, of course, that even if you

642
00:55:01,460 --> 00:55:04,920
continue to sacrifice yourself, there
can be no guarantee that the information

643
00:55:04,920 --> 00:55:09,600
contained in this transcript will not be
revealed during Mr. Tila's part of the

644
00:55:09,600 --> 00:55:11,720
trial. Do you clearly understand this?

645
00:55:12,800 --> 00:55:13,800
Yes.

646
00:55:14,340 --> 00:55:15,340
Very well.

647
00:55:16,100 --> 00:55:18,620
Mr. Hellring, you may re -examine the
witness.

648
00:55:21,320 --> 00:55:25,800
Now, when Mrs. Votke was in custody, did
she correspond with the outside world?

649
00:55:26,660 --> 00:55:28,160
Yes, I believe she wrote some letters.

650
00:55:28,440 --> 00:55:29,440
You believe?

651
00:55:29,820 --> 00:55:33,520
In fact, you had copies made of each and
every one of them. Isn't that true?

652
00:55:33,900 --> 00:55:36,880
Objection, Your Honor. If your objection
is valid, Mr. Palmer, you have nothing

653
00:55:36,880 --> 00:55:40,040
to fear from this question. Please
answer it, Colonel. Yes, I did. You had

654
00:55:40,040 --> 00:55:41,280
copies made of her letters?

655
00:55:41,520 --> 00:55:42,520
Yes, sir. With her approval?

656
00:55:42,980 --> 00:55:45,400
She knew I was going to be reading her
mail. She didn't know I'd be making

657
00:55:45,400 --> 00:55:47,040
copies. On whose orders?

658
00:55:47,300 --> 00:55:49,760
I was instructed by Mr. Palmer to review
all her mail.

659
00:55:49,980 --> 00:55:53,110
Why? We were afraid she would reveal her
location.

660
00:55:53,390 --> 00:55:57,630
You mean she was not permitted to tell
anybody where she was being kept? We

661
00:55:57,630 --> 00:56:01,010
her location a secret for her own
security, sir. You mean you felt she was

662
00:56:01,010 --> 00:56:03,490
danger here in Tempelhof, a U .S.
military base?

663
00:56:03,690 --> 00:56:06,130
Yes, sir. Danger from whom? From the
East Germans, sir.

664
00:56:08,870 --> 00:56:13,570
Please continue, Mr. Hellring. I have
here a page from the transcript of your

665
00:56:13,570 --> 00:56:18,490
November the 28th interrogation of Mrs.
Rotke. What page is that, Mr. Hellring?

666
00:56:18,490 --> 00:56:20,030
Page 13, Your Honor. Thank you.

667
00:56:20,430 --> 00:56:21,490
This is you speaking.

668
00:56:21,790 --> 00:56:26,490
We understand what you went through when
the papers did not come. You thought

669
00:56:26,490 --> 00:56:28,970
that Hans had been arrested and the
hijacking.

670
00:56:29,530 --> 00:56:33,530
The hijacking is not such a bad thing.

671
00:56:35,030 --> 00:56:40,490
Now, when you said this, were you trying
to persuade her or induce her to

672
00:56:40,490 --> 00:56:44,170
confess? My motive was to instruct her
as to what information we had about Mr.

673
00:56:44,270 --> 00:56:45,490
Schuster. Excuse me, Colonel.

674
00:56:46,010 --> 00:56:49,910
Mrs. Bauer, I want that last question
repeated, please. Now, Colonel, I want

675
00:56:49,910 --> 00:56:52,670
to listen very carefully to that
question before you answer again.

676
00:56:53,530 --> 00:56:57,170
When you made this statement, were you
trying to persuade her or induce her to

677
00:56:57,170 --> 00:57:03,530
confess? Colonel, do you now, under
oath, read those words as an inducement?

678
00:57:04,950 --> 00:57:08,150
I'm afraid I can't hear you, Colonel.
Would you mind speaking up? I said yes.

679
00:57:08,350 --> 00:57:09,350
Yes, I do.

680
00:57:10,930 --> 00:57:15,290
I shouldn't have used those words. It
was a poor choice of words on my part.

681
00:57:16,140 --> 00:57:19,740
And do you now find this sort of
inducement consistent with the duties of

682
00:57:19,740 --> 00:57:21,320
officer of the U .S. Department of
Defense?

683
00:57:22,300 --> 00:57:23,300
No.

684
00:57:24,560 --> 00:57:25,800
No more questions, Your Honor.

685
00:57:26,080 --> 00:57:27,420
Thank you, Colonel. You may step down.

686
00:57:31,440 --> 00:57:35,320
I find it to be a fact that the United
States held a defendant, Mrs. Radko,

687
00:57:35,420 --> 00:57:38,940
because they suspected that she was in
league with a defendant, Mr. Tila.

688
00:57:39,550 --> 00:57:43,190
And I find that without enough evidence
to formally charge her, they nonetheless

689
00:57:43,190 --> 00:57:46,610
continue to hold her and her child in
illegal custody.

690
00:57:47,130 --> 00:57:49,430
This court also finds that defendant
Mrs.

691
00:57:49,630 --> 00:57:55,590
Radka was unlawfully and
unconstitutionally induced by Colonel

692
00:57:55,590 --> 00:57:58,670
give statements that she explicitly did
not wish to give.

693
00:57:59,090 --> 00:58:04,550
Accordingly, the court rules that the
statement given on November 28, 1973 may

694
00:58:04,550 --> 00:58:06,310
not be used in evidence against the
defendant.

695
00:58:08,930 --> 00:58:10,810
and that it must be suppressed.

696
00:58:11,350 --> 00:58:14,970
If the prosecution can make a case
against Mrs. Radka without her

697
00:58:14,970 --> 00:58:15,848
it do so.

698
00:58:15,850 --> 00:58:19,310
If not, the case against her will be
dismissed and all restraints upon her

699
00:58:19,310 --> 00:58:20,310
freedom will be discharged.

700
00:58:24,070 --> 00:58:25,070
Your Honor.

701
00:58:25,450 --> 00:58:27,030
Yes, Mr. Palmer, what is your pleasure?

702
00:58:30,250 --> 00:58:34,030
While the United States occupation
authorities believe that the court's

703
00:58:34,030 --> 00:58:37,670
and opinion regarding the defendant's
constitutional right to a trial by jury

704
00:58:37,670 --> 00:58:41,330
are not correct as a matter of law, they
nevertheless want to move these

705
00:58:41,330 --> 00:58:45,550
proceedings to a resolution, and they
will therefore endeavor to give effect

706
00:58:45,550 --> 00:58:46,550
the court's order.

707
00:58:46,710 --> 00:58:51,110
Responding with one simple word, Mr.
Palmer, do these defendants get a trial

708
00:58:51,110 --> 00:58:52,110
jury?

709
00:59:16,400 --> 00:59:18,280
pretty self -satisfied, aren't you?

710
00:59:19,120 --> 00:59:20,120
Yep.

711
00:59:21,480 --> 00:59:23,740
A little smug, maybe?

712
00:59:24,720 --> 00:59:25,720
Yep.

713
00:59:26,700 --> 00:59:29,680
You went all along, didn't you?

714
00:59:30,040 --> 00:59:31,040
Nope.

715
00:59:31,580 --> 00:59:35,000
Can you say anything but yep or nope?

716
00:59:35,340 --> 00:59:36,960
Nope. Yep.

717
00:59:38,380 --> 00:59:40,720
Terrific. I married to Gary Cooper.

718
00:59:41,060 --> 00:59:42,060
Nope.

719
00:59:42,320 --> 00:59:43,480
Spencer Tracy.

720
00:59:46,730 --> 00:59:50,970
We are reconvened to hear a pretrial
motion to dismiss the case against Mrs.

721
00:59:51,110 --> 00:59:52,110
Radka.

722
00:59:53,030 --> 00:59:57,810
Your Honor, at this time, the United
States wishes to dismiss its case

723
00:59:57,810 --> 00:59:58,810
Sigrid Radka.

724
01:00:00,030 --> 01:00:03,870
Mr. Palmer, I think she needs much more
than that, sir.

725
01:00:04,190 --> 01:00:08,150
Are you prepared to use your
occupational authority to forbid the

726
01:00:08,150 --> 01:00:09,950
from pressing any further charges
against her?

727
01:00:11,230 --> 01:00:13,730
Yes. Then the motion is granted.

728
01:00:14,570 --> 01:00:15,970
Mr. Hellring. Yes.

729
01:00:16,640 --> 01:00:18,200
Case against your client is dismissed.

730
01:00:18,520 --> 01:00:19,520
Thank you, sir.

731
01:00:27,480 --> 01:00:30,700
An update on the Kempelhoff hijack
trial.

732
01:00:31,200 --> 01:00:35,000
Following the acquittal of Sigrid Radka,
her attorney, Bernard Hellring, has

733
01:00:35,000 --> 01:00:36,560
announced he'll stay on his T -list
defense.

734
01:00:38,800 --> 01:00:44,020
We Russians have no heritage of common
law with its hapist corpus, nor

735
01:00:44,020 --> 01:00:45,200
historical traditions of.

736
01:00:45,560 --> 01:00:46,700
Public political debate.

737
01:00:47,280 --> 01:00:48,900
Power is power, quite simply.

738
01:00:50,100 --> 01:00:52,280
And a trial is nothing more than
anarchy.

739
01:00:52,980 --> 01:00:58,260
This judge, this man Stern, why is he so
ungovernable?

740
01:00:58,480 --> 01:01:02,440
This judge has a distorted sense of what
serves the best interests of the United

741
01:01:02,440 --> 01:01:06,520
States, sir. Not just the United States.
My government is worried, Mr. Wilde.

742
01:01:06,980 --> 01:01:11,280
Worried enough to have put me on a
plane. And before I embark once again, I

743
01:01:11,280 --> 01:01:14,880
expect to have found a solution that
will dissuade others from hijacking

744
01:01:15,720 --> 01:01:17,000
or other subjects of terrorism.

745
01:01:17,280 --> 01:01:20,580
Thiele must be sentenced to a time in
jail. That's very important. The record

746
01:01:20,580 --> 01:01:24,980
must show his crime was indeed a crime.
Even if I were to agree with you, Mr.

747
01:01:25,020 --> 01:01:28,140
Andreev, there is nothing I can do to
force the decision of a jury.

748
01:01:38,500 --> 01:01:40,760
What in the name of God is happening
here?

749
01:01:41,160 --> 01:01:44,040
You said you wanted 500 prospective
jurors, Judge.

750
01:01:44,990 --> 01:01:45,990
Yes, this is them.

751
01:01:46,150 --> 01:01:49,390
These are Russian soldiers, I think.
They sure are. What are they doing here?

752
01:01:50,050 --> 01:01:54,250
Waiting for us to strangle in our own
contradictions. Steve, what the hell are

753
01:01:54,250 --> 01:01:55,490
these Russian soldiers doing here?

754
01:01:55,810 --> 01:01:58,370
They're here to intimidate the jurists,
I imagine. Well, can't you do anything

755
01:01:58,370 --> 01:01:59,890
about that? No, sir. Why not?

756
01:02:00,110 --> 01:02:02,750
Because if we continue to believe that
we have the right to cross into East

757
01:02:02,750 --> 01:02:05,350
Berlin any time we want, then I can't
stop them from coming.

758
01:02:05,810 --> 01:02:09,030
Now, you want more cops here? No, for
God's sakes, no more bodies. Just get

759
01:02:09,030 --> 01:02:09,948
everybody inside.

760
01:02:09,950 --> 01:02:11,250
All right, everyone in. Let's go.

761
01:02:12,990 --> 01:02:14,090
Is this working? Yeah.

762
01:02:14,460 --> 01:02:18,120
Ladies and gentlemen, welcome to the
United States Court for Berlin.

763
01:02:18,400 --> 01:02:21,760
Meine Damen und Herren, herzlich
willkommen im Gerichtshof der

764
01:02:21,760 --> 01:02:23,160
Staaten von Amerika in Berlin.

765
01:02:23,460 --> 01:02:29,080
Under our system of justice, a jury and
a jury alone has the power to decide

766
01:02:29,080 --> 01:02:33,360
what has been proven and what has not
been proven in a court of law. Only

767
01:02:33,360 --> 01:02:37,900
people who are chosen jurors, the 12 men
and women randomly selected from the

768
01:02:37,900 --> 01:02:41,060
community, will have the right to decide
the facts of this case.

769
01:02:41,580 --> 01:02:44,860
And based upon those facts, determine
the guilt or innocence of the accused.

770
01:02:45,280 --> 01:02:51,260
Ladies and gentlemen of the jury, we are
here so that you can determine the

771
01:02:51,260 --> 01:02:53,340
guilt or innocence of a man.

772
01:02:54,620 --> 01:02:57,860
Now, is this a man with criminal intent?

773
01:02:58,860 --> 01:03:01,220
Is this a man who could steal?

774
01:03:02,140 --> 01:03:03,520
Who would kill?

775
01:03:04,660 --> 01:03:09,980
Now, what kind of a man is Helmut
Alexander Thiele?

776
01:03:10,510 --> 01:03:15,690
You realize the Polish crew, the pilots,
stewardess, they'll all testify.

777
01:03:16,130 --> 01:03:17,150
Yes, it's good.

778
01:03:17,450 --> 01:03:18,650
They will tell the truth.

779
01:03:20,050 --> 01:03:24,830
I didn't come to West Berlin to give the
kind of false confession they take in

780
01:03:24,830 --> 01:03:25,408
the East.

781
01:03:25,410 --> 01:03:27,970
I want to try the judge that I could
have.

782
01:03:28,210 --> 01:03:30,290
I want to be judged by my own people.

783
01:03:31,270 --> 01:03:33,450
He was standing over her.

784
01:03:33,690 --> 01:03:34,690
The stewardess, you mean?

785
01:03:34,950 --> 01:03:36,630
Yes, Beata Lewandowska.

786
01:03:37,420 --> 01:03:42,540
He was holding her by the hair with one
hand, and in his other hand he was

787
01:03:42,540 --> 01:03:44,300
holding a pistol at her head.

788
01:03:44,540 --> 01:03:48,880
And what did he do then? He demanded
that we land in West Berlin. If his

789
01:03:48,880 --> 01:03:53,980
are not fulfilled, he will shoot Beata
Lewandowska. Captain, can you in this

790
01:03:53,980 --> 01:03:57,760
courtroom see the man who held the
pistol to Beata Lewandowska's head?

791
01:03:59,040 --> 01:04:00,040
He is there.

792
01:04:00,420 --> 01:04:05,500
Let the record show, Your Honor, that
the witness has identified Helmut

793
01:04:05,880 --> 01:04:06,880
Very well.

794
01:04:06,960 --> 01:04:08,500
Go on, Captain. What did you do then?

795
01:04:08,760 --> 01:04:11,620
First, I began to analyze the situation.

796
01:04:12,260 --> 01:04:15,780
Then I decided to fulfill the request.

797
01:04:16,580 --> 01:04:18,440
The demand to land at Tempelhof.

798
01:04:18,760 --> 01:04:23,280
And, Captain, why didn't you land at
Schönefeld anyway, as you were scheduled

799
01:04:23,280 --> 01:04:24,280
do?

800
01:04:24,360 --> 01:04:30,620
Nobody gave me, nor can give me, neither
a moral right nor a written law.

801
01:04:31,540 --> 01:04:36,600
authorizing me to risk the health and
life of passengers entrusted to me. Of

802
01:04:36,600 --> 01:04:37,600
course, Captain.

803
01:04:37,920 --> 01:04:40,060
At the moment, I felt a sharp jerk.

804
01:04:40,480 --> 01:04:42,140
Somebody pulled me by the hair.

805
01:04:42,640 --> 01:04:47,040
I felt something, some hard object being
pressed very firmly to the back of my

806
01:04:47,040 --> 01:04:48,740
head, so I couldn't move.

807
01:04:48,980 --> 01:04:49,979
And what did you hear?

808
01:04:49,980 --> 01:04:52,380
I heard the man demand that we fly to
West Berlin.

809
01:04:53,819 --> 01:04:57,560
He said also that I shouldn't move. If I
move, he will kill me. And unless the

810
01:04:57,560 --> 01:05:00,440
crew does as he says, he will kill me
too. And where was the gun?

811
01:05:00,680 --> 01:05:04,080
Pointed at the back of my head the whole
time until we landed.

812
01:05:04,380 --> 01:05:08,100
And this gun that was pointed at the
back of your head for those interminable

813
01:05:08,100 --> 01:05:12,900
moments, do you know what gun it was?
What sort of gun it was?

814
01:05:13,620 --> 01:05:14,620
I don't know.

815
01:05:15,180 --> 01:05:18,420
I couldn't see the gun. He was holding
it to the back of my head.

816
01:05:18,680 --> 01:05:21,820
And tell me, how did that make you feel?

817
01:05:24,750 --> 01:05:27,190
I was... I was terrified.

818
01:05:28,130 --> 01:05:33,570
Miss Lewandowsky, you said that Mr.
Thiele held you by the hair while he

819
01:05:33,570 --> 01:05:35,410
gun pressed against your head.

820
01:05:35,630 --> 01:05:36,910
Now, was this the whole time?

821
01:05:37,830 --> 01:05:40,830
Yes, it was the whole time. Until you
landed at Tempelhof, right?

822
01:05:41,090 --> 01:05:44,430
Yes, that is right. And where was Mr.
Thiele standing?

823
01:05:45,670 --> 01:05:47,730
He was standing behind me.

824
01:05:48,490 --> 01:05:49,990
Behind you? Behind me.

825
01:05:50,700 --> 01:05:53,980
Mr. Best, would you mind, please? Thank
you very much. Your Honor, if it would

826
01:05:53,980 --> 01:05:57,960
not offend the court, may I... Yes, of
course, Mr. Allen. Thank you, sir.

827
01:05:59,800 --> 01:06:00,800
Like this?

828
01:06:01,840 --> 01:06:03,420
Is this the way he held you?

829
01:06:04,140 --> 01:06:07,620
Yes, it was like this. Yes, and during
this time, were you smoking a cigarette?

830
01:06:08,060 --> 01:06:08,999
Yes, I did.

831
01:06:09,000 --> 01:06:10,000
Yes, whose cigarette?

832
01:06:11,500 --> 01:06:15,180
Mr. Thiele's cigarette. He didn't allow
us to smoke our own. Yes, and was

833
01:06:15,180 --> 01:06:16,180
anybody else smoking?

834
01:06:16,580 --> 01:06:17,580
Yes, Mr. Stewart.

835
01:06:18,090 --> 01:06:20,710
Mr. Gavlik and Mr. Thiele, he smoked
too. He did?

836
01:06:21,470 --> 01:06:22,470
Yes, he did.

837
01:06:23,510 --> 01:06:27,110
Oh, and his cigarettes, where did he
keep them?

838
01:06:28,970 --> 01:06:30,150
In the pocket.

839
01:06:31,030 --> 01:06:32,230
In his coat pocket.

840
01:06:35,030 --> 01:06:38,430
Did somebody else take them out for him?

841
01:06:39,430 --> 01:06:41,690
Yes, it was a steward, Mr. Gavlik.

842
01:06:42,150 --> 01:06:44,170
He took the cigarettes out of the
pocket.

843
01:06:44,430 --> 01:06:45,650
And who lit Mr.

844
01:06:45,870 --> 01:06:46,870
Thiele's cigarette?

845
01:06:47,299 --> 01:06:48,299
I did.

846
01:06:48,700 --> 01:06:53,160
Mr. Thiele was still behind you, holding
your hair in one hand and the gun in

847
01:06:53,160 --> 01:06:54,440
the other, and you lit his cigarette?

848
01:06:54,880 --> 01:06:55,880
That's right.

849
01:06:57,320 --> 01:07:03,340
Is it true that when Mr. Thiele was
asked why he was hijacking the plane, he

850
01:07:03,340 --> 01:07:06,060
said he was doing it for his family? Is
that true? Did he say that?

851
01:07:06,300 --> 01:07:07,300
Yes, that is true.

852
01:07:07,320 --> 01:07:11,640
Now, when he said this, did he also show
any pictures of his family?

853
01:07:16,330 --> 01:07:18,990
Would you like the question repeated?

854
01:07:20,750 --> 01:07:21,750
No.

855
01:07:22,430 --> 01:07:28,470
He couldn't show us the picture because
he was holding me the whole time.

856
01:07:28,930 --> 01:07:33,210
He asked Mr. Gavlik to look for the
pictures in his wallet. Excuse me, Mr.

857
01:07:33,310 --> 01:07:35,830
Hellring. Madam, maybe I'm not hearing
this correctly.

858
01:07:36,030 --> 01:07:40,810
You say he was standing behind you,
holding your hair in one hand, and he

859
01:07:40,810 --> 01:07:41,950
gun in the other. Is that correct?

860
01:07:42,770 --> 01:07:44,010
Yes, that's correct.

861
01:07:44,570 --> 01:07:49,450
Then can you explain how he managed to
pass the cigarettes around and give this

862
01:07:49,450 --> 01:07:52,310
other man his wallet? Did he have more
than two hands at the time?

863
01:07:55,850 --> 01:07:58,010
I do not know how he did it.

864
01:07:59,010 --> 01:08:00,170
I have my back to him.

865
01:08:11,560 --> 01:08:14,800
The one who seemed to make the police
crew so full of discomfort.

866
01:08:15,220 --> 01:08:16,760
Yes. A lifetime's of snooping.

867
01:08:17,000 --> 01:08:22,840
Mr. Gavlik, you testified that Mr.
Thiele entered the galley of the

868
01:08:22,840 --> 01:08:27,720
brandishing a gun and yelling that he
was going to shoot Miss Beata

869
01:08:27,800 --> 01:08:28,599
Is that right?

870
01:08:28,600 --> 01:08:31,600
Yes, that's correct. And where were you
at the time?

871
01:08:33,160 --> 01:08:36,680
In the galley. And where was Miss
Lewandowska?

872
01:08:38,000 --> 01:08:39,700
She was in the galley, too.

873
01:08:42,800 --> 01:08:45,020
You seem a little nervous, Mr.

874
01:08:45,300 --> 01:08:48,700
Gavlik. Is there somebody in the public
gallery that you know?

875
01:08:49,000 --> 01:08:50,580
No. You sure?

876
01:08:51,040 --> 01:08:52,040
Yes.

877
01:08:52,520 --> 01:08:53,520
Uh -huh.

878
01:08:56,060 --> 01:09:00,920
Do you know a man by the name of Roland
Alexandrovich?

879
01:09:02,300 --> 01:09:03,620
I know him only by name.

880
01:09:03,859 --> 01:09:07,720
Uh -huh. And do you know him to be the
prosecutor general from Warsaw?

881
01:09:08,960 --> 01:09:09,960
Yes.

882
01:09:10,580 --> 01:09:11,800
Well, is he in this court?

883
01:09:12,939 --> 01:09:13,939
I don't know.

884
01:09:14,359 --> 01:09:15,359
You don't know.

885
01:09:15,660 --> 01:09:16,660
Right.

886
01:09:17,160 --> 01:09:20,920
Will Mr. Roland Alexandrovich please
rise?

887
01:09:21,200 --> 01:09:24,300
Objection, Your Honor. Who may or may
not be in the gallery has little bearing

888
01:09:24,300 --> 01:09:25,238
on these proceedings.

889
01:09:25,240 --> 01:09:26,460
Overruled. Go on, Mr. Elroy.

890
01:09:26,819 --> 01:09:27,819
Will Mr.

891
01:09:28,560 --> 01:09:30,220
Alexandrovich stand, please?

892
01:09:33,300 --> 01:09:37,359
Now, is this the man you know to be
Roland Alexandrovich?

893
01:09:38,000 --> 01:09:39,560
Yes. Well, just a moment, sir.

894
01:09:40,840 --> 01:09:43,560
Have you ever discussed your testimony
with him?

895
01:09:43,840 --> 01:09:44,859
No. Never?

896
01:09:45,080 --> 01:09:46,120
No. Anywhere?

897
01:09:46,359 --> 01:09:47,359
No, sir.

898
01:09:48,939 --> 01:09:51,859
You claim to know him only by name.

899
01:09:52,460 --> 01:09:56,680
Do you deny coming to the court with him
today? Do you deny that he brought you

900
01:09:56,680 --> 01:09:58,820
here from Poland and will take you back
again?

901
01:09:59,040 --> 01:10:02,620
Object. I have no more use for this
witness, Your Honor. His credibility

902
01:10:02,620 --> 01:10:03,620
for itself.

903
01:10:05,600 --> 01:10:08,500
You gotta hand it to Barney and Judah.
They're kicking the government's ass.

904
01:10:08,990 --> 01:10:11,030
You've booted some butt yourself, Your
Honor.

905
01:10:11,310 --> 01:10:12,370
I only mean a choice.

906
01:10:12,610 --> 01:10:13,790
Oh, they make it hard to resist.

907
01:10:14,110 --> 01:10:15,210
Can you blame me?

908
01:10:16,290 --> 01:10:17,290
What's the defense?

909
01:10:17,750 --> 01:10:18,750
It's good to be.

910
01:10:19,470 --> 01:10:24,350
That Tila was justified in the hijacking
because he was going to be illegally

911
01:10:24,350 --> 01:10:26,050
arrested and landed in the East?

912
01:10:26,410 --> 01:10:29,330
That's a good question, Bruno, but the
real problem for the defense is whether

913
01:10:29,330 --> 01:10:30,910
or not to put Helmut Tila on the stand.

914
01:10:31,370 --> 01:10:35,010
Don't they have to? How can they have a
defense if he doesn't testify? Keep your

915
01:10:35,010 --> 01:10:36,010
eye on that woman.

916
01:10:36,130 --> 01:10:37,790
I have known him for many years.

917
01:10:38,410 --> 01:10:42,530
And I also knew that he desperately
wanted to go to West Berlin to see his

918
01:10:42,530 --> 01:10:43,530
little boys.

919
01:10:43,750 --> 01:10:48,470
His wife Maria, she was Polish, and she
had left him two years before and had

920
01:10:48,470 --> 01:10:50,390
taken the two boys with her to West
Berlin.

921
01:10:50,990 --> 01:10:53,590
So Helmut felt miserable without them.

922
01:10:53,910 --> 01:10:57,890
And Mrs. Thiele never brought the boys
back to see their father?

923
01:10:58,170 --> 01:10:59,170
No, never.

924
01:11:02,170 --> 01:11:07,110
Will you now tell the court and the jury
exactly how Helmut Thiele...

925
01:11:07,500 --> 01:11:08,740
became involved with the escape?

926
01:11:10,160 --> 01:11:15,160
My friend from Hamburg had the plan that
first I would go alone.

927
01:11:16,660 --> 01:11:21,220
But I was terrified. I had my child with
me, and it's so dangerous.

928
01:11:21,720 --> 01:11:23,700
So with a friend, I would feel safer.

929
01:11:24,120 --> 01:11:26,000
I asked Helmut, and he said yes.

930
01:11:26,420 --> 01:11:32,300
So you both went to Gdansk together, and
that is where your friend with the

931
01:11:32,300 --> 01:11:34,640
forged papers failed to show up. Yes.

932
01:11:35,280 --> 01:11:38,510
We... knew something terrible must have
happened.

933
01:11:39,210 --> 01:11:41,750
He said, he's been in prison, he's
arrested.

934
01:11:42,710 --> 01:11:47,550
They caught him, now we are finished.
The same thing will happen to us, too.

935
01:11:47,550 --> 01:11:51,010
that's when the plan was hatched? I'm
sorry, I don't know what hatch means.

936
01:11:51,370 --> 01:11:54,330
And that's when you made the hijacking
plan?

937
01:11:54,630 --> 01:11:55,630
Yes.

938
01:11:55,770 --> 01:11:57,010
We are very frightened.

939
01:11:57,510 --> 01:11:58,790
We don't know what to do.

940
01:11:59,310 --> 01:12:00,550
We walk, we argue.

941
01:12:00,910 --> 01:12:04,590
We are at the flea market when I
recognized that my...

942
01:12:05,200 --> 01:12:10,800
Daughter has left, so I see her staring
onto something, and the sand is behind

943
01:12:10,800 --> 01:12:16,080
us. Then she says, Mama, and I went back
to her, and I see a gun.

944
01:12:16,960 --> 01:12:19,440
She points at it. I see a gun, a toy
gun.

945
01:12:21,200 --> 01:12:26,420
Suddenly, Helmut had the plan that we
should buy the gun, sneak it on the

946
01:12:26,580 --> 01:12:29,460
and use it then to divert the plane to
West Berlin.

947
01:12:30,340 --> 01:12:34,160
I say, it's crazy. We don't have any
money, so how can we buy the gun?

948
01:12:34,760 --> 01:12:38,660
If we have the money, how can we get the
gun on the plane? And if we have it on

949
01:12:38,660 --> 01:12:41,280
the plane, how to hijack a plane with a
toy? That's crazy.

950
01:12:42,200 --> 01:12:48,620
But he says, for money, we shall sell
all the clothes we don't need at the

951
01:12:48,620 --> 01:12:49,620
market.

952
01:12:52,200 --> 01:12:53,540
So soon we have enough.

953
01:12:54,800 --> 01:13:00,380
And he buys a bear for Marina, and I see
the gun closed up for the first time.

954
01:13:01,460 --> 01:13:02,960
It's so small, it was...

955
01:13:03,500 --> 01:13:04,560
It was absolutely crazy.

956
01:13:05,040 --> 01:13:09,080
I tell him we can't do it, but he says
not to worry, it will work.

957
01:13:09,440 --> 01:13:11,800
How did you expect to get the gun
through the customs?

958
01:13:12,460 --> 01:13:13,480
Oh, that's my fear.

959
01:13:16,220 --> 01:13:20,160
The cruelty card brought us to the
private rooms where we are searched.

960
01:13:20,900 --> 01:13:22,460
And that's when the gun was found?

961
01:13:23,080 --> 01:13:24,080
Yes.

962
01:13:24,460 --> 01:13:25,680
The woman found it.

963
01:13:26,620 --> 01:13:30,520
My heart was ready to burst, but she
gave it back to Marina and...

964
01:13:31,180 --> 01:13:33,160
Tell her to be careful with her toy.

965
01:13:34,320 --> 01:13:38,640
Faradke, you've stated this gun doesn't
look real to you.

966
01:13:39,160 --> 01:13:40,160
Is that correct?

967
01:13:40,260 --> 01:13:44,220
Yes. Then why did it look real, the same
gun, to Beate Lewandowska when Tila

968
01:13:44,220 --> 01:13:47,680
held it to her head? I don't know. Why
did this same gun look real to the pilot

969
01:13:47,680 --> 01:13:53,380
as he tried to land a plane on a runway
he'd never seen before? Your Honor, it

970
01:13:53,380 --> 01:13:56,080
doesn't matter, in fact, whether this
gun looked real or not.

971
01:13:56,320 --> 01:13:57,320
Gentlemen,

972
01:13:57,900 --> 01:13:58,900
please.

973
01:13:59,690 --> 01:14:04,110
There's been an objection that I've not
had a chance to rule on, Mr. Elring. It

974
01:14:04,110 --> 01:14:08,130
has already been well established, Your
Honor, that Mrs.

975
01:14:08,350 --> 01:14:12,930
Radke did not set foot in the cockpit,
so how could she know what anyone was

976
01:14:12,930 --> 01:14:13,930
thinking?

977
01:14:14,290 --> 01:14:15,290
Objection sustained.

978
01:14:15,570 --> 01:14:18,830
The witness will not answer the
question. The jury were disregarded.

979
01:14:19,130 --> 01:14:20,550
Please continue, Mr. Sherman.

980
01:14:20,870 --> 01:14:25,290
Mrs. Radke, in whose clothing was the
gun hidden?

981
01:14:26,570 --> 01:14:28,130
In my daughter Marina's coat.

982
01:14:28,370 --> 01:14:29,370
Why?

983
01:14:29,580 --> 01:14:32,480
Why, Mrs. Rodkey, why did you use your
own child?

984
01:14:33,540 --> 01:14:38,180
I didn't use my own child. I had to go
through the customs to fool the customs

985
01:14:38,180 --> 01:14:42,080
people. Besides that, it was just a
little toy. It doesn't look real.

986
01:14:42,580 --> 01:14:44,380
What is wrong with a child with a toy?

987
01:14:44,860 --> 01:14:48,840
Whose idea was it to use the seven -year
-old child?

988
01:14:54,200 --> 01:14:55,480
It was Helmut's idea.

989
01:14:56,520 --> 01:14:57,740
And one last question.

990
01:14:58,080 --> 01:15:01,680
The defense is... established in the
court as ruled that you had nothing to

991
01:15:01,680 --> 01:15:05,060
with his hijacking, that in fact you
never even set foot in the cockpit.

992
01:15:06,080 --> 01:15:10,520
Yet you did hand Teela the gun, and you
did know what he was going to do.

993
01:15:11,120 --> 01:15:13,500
The desperate act of a desperate man.

994
01:15:14,140 --> 01:15:17,880
And you knew there was danger for the
passengers, for the crew, for your own

995
01:15:17,880 --> 01:15:18,880
daughter.

996
01:15:18,960 --> 01:15:21,480
Why did you do nothing to stop him?

997
01:15:21,860 --> 01:15:23,220
Because it was not possible.

998
01:15:29,800 --> 01:15:33,200
At the courtroom, when you have to
believe me, I didn't want to put you

999
01:15:33,200 --> 01:15:37,000
Please, you had to say the truth. This
is okay. This is good.

1000
01:15:37,300 --> 01:15:38,380
But I was so confused.

1001
01:15:40,440 --> 01:15:44,960
They all told different stories, the
pilot, the stewardess. At the end, I

1002
01:15:44,960 --> 01:15:50,700
know what's true and what's not true. As
you say, you couldn't leave.

1003
01:15:51,200 --> 01:15:52,200
Oh, my boy.

1004
01:15:52,900 --> 01:15:56,240
You remember on the plane when I told
you to give me a run?

1005
01:15:56,660 --> 01:16:01,560
Yeah. This was the moment I said to
myself, He says, he says, now go to the

1006
01:16:01,560 --> 01:16:02,560
front of the plane.

1007
01:16:03,960 --> 01:16:05,800
They better ride it to land at
Schönefeld.

1008
01:16:07,080 --> 01:16:11,440
So I point the gun at the girl and say,
take me to West Berlin or I will shoot

1009
01:16:11,440 --> 01:16:13,580
her. So it's true he put it?

1010
01:16:13,800 --> 01:16:19,860
No, no. I didn't hurt her. I didn't hurt
anybody. I can't. I was totally

1011
01:16:19,860 --> 01:16:20,860
nervous.

1012
01:16:21,820 --> 01:16:22,820
Believe me.

1013
01:16:33,070 --> 01:16:34,110
You must do something.

1014
01:16:34,870 --> 01:16:35,870
Good, Gunther.

1015
01:16:36,410 --> 01:16:40,290
Do what you must do, but try to keep our
name out of it.

1016
01:16:46,250 --> 01:16:47,250
Mr. Kelley?

1017
01:16:48,350 --> 01:16:50,450
Yes? Who are you?

1018
01:16:53,230 --> 01:16:55,450
I was on the airplane with Herr
Mathilde.

1019
01:16:55,730 --> 01:16:59,690
Our last witness, Your Honor, is a
refugee from East Germany.

1020
01:17:00,030 --> 01:17:01,030
You may proceed.

1021
01:17:01,350 --> 01:17:02,350
Now, sir.

1022
01:17:02,560 --> 01:17:09,460
On August the 31st, 1978, you and your
wife and child were passengers

1023
01:17:09,460 --> 01:17:11,960
on lot flight 165. Is that correct?

1024
01:17:12,620 --> 01:17:19,020
Yeah. Yeah. And when the plane landed at
Tempelhof, you both took advantage of

1025
01:17:19,020 --> 01:17:20,640
the moment to defect.

1026
01:17:21,220 --> 01:17:26,680
Yeah. But you were leaving your family,
everything behind you, your family, your

1027
01:17:26,680 --> 01:17:29,020
friends, possessions, your work.

1028
01:17:29,360 --> 01:17:30,900
And how were you employed?

1029
01:17:34,210 --> 01:17:40,150
I worked as a typesetter in the day, and
at

1030
01:17:40,150 --> 01:17:44,450
night I was a student, but I was
expelled.

1031
01:17:44,730 --> 01:17:45,730
Why?

1032
01:17:46,470 --> 01:17:53,290
I studied the German romanticists,
Heine, Schiller, and then the

1033
01:17:53,290 --> 01:17:56,870
French existentialists, Camus and
Sartre.

1034
01:17:57,290 --> 01:18:02,970
And then I write a term paper was
critical of the party line.

1035
01:18:03,630 --> 01:18:07,050
Had you ever before had the impulse to
defect?

1036
01:18:07,470 --> 01:18:08,470
Oh, yeah.

1037
01:18:09,070 --> 01:18:11,790
I was one of two children.

1038
01:18:13,630 --> 01:18:20,570
Myself, my older brother Peter, and we
grew up in East Berlin, very close to

1039
01:18:20,570 --> 01:18:21,570
the war.

1040
01:18:22,650 --> 01:18:24,630
We always hated the war.

1041
01:18:29,110 --> 01:18:35,150
dream of going over and one night

1042
01:18:35,150 --> 01:18:41,890
about eight years ago we decide

1043
01:18:41,890 --> 01:18:48,710
to escape and we say goodbye to our
mother we are praying that

1044
01:18:48,710 --> 01:18:53,790
we will be together again our family
again and at night

1045
01:18:56,490 --> 01:18:58,710
The blood was pounding in my head.

1046
01:18:59,330 --> 01:19:05,670
And on one yacht we ran, yeah? And we
were running, and my brother was

1047
01:19:05,670 --> 01:19:12,650
faster than I, and he got to the wall,
and I fall

1048
01:19:12,650 --> 01:19:19,430
very hard, and I twisted my ankle, and
then I

1049
01:19:19,430 --> 01:19:23,630
hear shots, and I look up.

1050
01:19:25,610 --> 01:19:31,670
And there is a bang, bang, bang, and a

1051
01:19:31,670 --> 01:19:34,110
long, tortured scream.

1052
01:19:34,770 --> 01:19:39,930
It's my brother screaming and falling.

1053
01:19:44,530 --> 01:19:51,490
And then the dogs, I hear these dogs,
and they're

1054
01:19:51,490 --> 01:19:53,670
growling, making horrible noises.

1055
01:19:57,260 --> 01:19:58,260
It's nothing.

1056
01:20:00,400 --> 01:20:01,400
Silence.

1057
01:20:02,000 --> 01:20:04,960
What can I do? Nothing.

1058
01:20:10,260 --> 01:20:12,060
For this, I was arrested.

1059
01:20:13,180 --> 01:20:14,460
How old were you?

1060
01:20:14,700 --> 01:20:15,700
17.

1061
01:20:16,320 --> 01:20:19,120
And you were imprisoned for how long?

1062
01:20:20,440 --> 01:20:23,480
Oh, one year and three months.

1063
01:20:24,680 --> 01:20:30,100
You told me that if you had been
successful in escaping to the West, you

1064
01:20:30,100 --> 01:20:32,640
your brother would have bought your
mother's freedom.

1065
01:20:33,180 --> 01:20:34,420
Have you done that?

1066
01:20:35,060 --> 01:20:42,000
No. I said that she would possibly be
allowed to join

1067
01:20:42,000 --> 01:20:45,880
us when she became 65.

1068
01:20:46,360 --> 01:20:47,880
Yes. Objection, Your Honor.

1069
01:20:48,520 --> 01:20:52,780
Would Mr. Hellring please get to the
point? Your Honor, I am merely trying to

1070
01:20:52,780 --> 01:20:57,580
define the character and credibility of
this witness. Objection sustained. Will

1071
01:20:57,580 --> 01:20:59,000
you please get to the point, Mr.
Hellring?

1072
01:21:01,160 --> 01:21:06,960
Will you tell us now, please, to the
best of your recollection, exactly what

1073
01:21:06,960 --> 01:21:08,260
happened on that airplane?

1074
01:21:11,880 --> 01:21:14,240
Uh... Okay.

1075
01:21:15,220 --> 01:21:22,160
Uh... When we are about to land in
Schoenfeld, I'm in the restroom and I

1076
01:21:22,160 --> 01:21:28,840
come out. So I am very close to the
cockpit and I can hear inside

1077
01:21:28,840 --> 01:21:31,040
a very strange conversation.

1078
01:21:33,300 --> 01:21:40,260
A man's voice says, this is

1079
01:21:40,260 --> 01:21:41,580
a toy, this gun.

1080
01:21:41,920 --> 01:21:44,480
Why do you do something crazy like this?

1081
01:21:45,450 --> 01:21:51,590
And another man's voice says, my
children are in the bed and such is

1082
01:21:51,590 --> 01:21:52,590
must be.

1083
01:21:53,170 --> 01:21:58,090
And then he says, I have of my children
pictures.

1084
01:21:59,470 --> 01:22:05,710
Would they like to see them? And I think
they say yes. And then,

1085
01:22:05,830 --> 01:22:12,610
oh yes, someone says, do

1086
01:22:12,610 --> 01:22:14,150
you have a light?

1087
01:22:14,750 --> 01:22:17,470
And I think they are smoking cigarettes
together.

1088
01:22:18,010 --> 01:22:23,910
I sense that they are in sympathy with
this man and are

1089
01:22:23,910 --> 01:22:30,870
considering to play act with him

1090
01:22:30,870 --> 01:22:32,130
in this hijacking.

1091
01:22:32,390 --> 01:22:36,930
And that we are on the ground here at
Temple House. And this man comes out. He

1092
01:22:36,930 --> 01:22:38,850
says, you are free.

1093
01:22:40,010 --> 01:22:43,850
And I look at my wife.

1094
01:22:45,599 --> 01:22:51,720
I'm thinking all these things that I
have told you

1095
01:22:51,720 --> 01:22:58,320
and of my brother and my mother and my
wife. She is thinking the same.

1096
01:23:00,580 --> 01:23:02,020
So we are decided.

1097
01:23:09,220 --> 01:23:12,580
Is there anything else you wish to add?

1098
01:23:20,020 --> 01:23:23,680
Don't know how to say all that should be
said.

1099
01:23:25,080 --> 01:23:31,840
I want to thank so much Mr. Thier for
what he has done for us.

1100
01:23:32,380 --> 01:23:39,260
He was able, he had the courage to do
what we all have sought to

1101
01:23:39,260 --> 01:23:40,260
do.

1102
01:23:46,640 --> 01:23:48,280
This is all I have to say.

1103
01:23:50,960 --> 01:23:57,940
Ladies and gentlemen of the jury, you
have obviously realized that this is

1104
01:23:57,940 --> 01:23:58,940
a unique trial.

1105
01:24:00,900 --> 01:24:06,640
The court is American, yet we are here
in Germany, in Berlin,

1106
01:24:06,760 --> 01:24:11,480
and the defendant, Helmut Tieder, is a
German.

1107
01:24:13,280 --> 01:24:16,420
Now you are Germans, I'm a German.

1108
01:24:17,710 --> 01:24:22,910
And we Germans do not need any
additional evidence as of how many

1109
01:24:22,910 --> 01:24:26,570
leave the East or why those people want
to leave.

1110
01:24:28,430 --> 01:24:30,130
I don't have to tell you why.

1111
01:24:30,610 --> 01:24:34,690
They want to be free. But what is
freedom? What does it mean?

1112
01:24:35,770 --> 01:24:37,030
Can you see freedom?

1113
01:24:37,670 --> 01:24:39,110
Can you hear freedom?

1114
01:24:40,190 --> 01:24:41,490
I say yes.

1115
01:24:42,310 --> 01:24:43,310
Yes!

1116
01:24:43,950 --> 01:24:49,350
I say that each and every one of us has
the right, the duty, to reach out and

1117
01:24:49,350 --> 01:24:50,650
grab it if we can.

1118
01:24:50,950 --> 01:24:53,810
Does it really matter what motives Mr.
Teeler might have had?

1119
01:24:54,310 --> 01:24:59,230
We are told from the defense about Mr.
Teeler's sons in the West. Yes, we all

1120
01:24:59,230 --> 01:25:00,950
have sons. We all have families.

1121
01:25:01,830 --> 01:25:08,530
Yet did Mr. Teeler for one moment think
about the 68 innocent people whose lives

1122
01:25:08,530 --> 01:25:12,390
he was putting in jeopardy? Did he think
about their children?

1123
01:25:13,680 --> 01:25:19,120
The fact of the matter is that as human
beings, we care what happens to another

1124
01:25:19,120 --> 01:25:20,120
human being.

1125
01:25:21,160 --> 01:25:28,060
And we care above and beyond our moral
beliefs because we're

1126
01:25:28,060 --> 01:25:29,019
required to care.

1127
01:25:29,020 --> 01:25:30,220
Let us feel sympathy.

1128
01:25:30,440 --> 01:25:31,700
Let us feel compassion.

1129
01:25:31,960 --> 01:25:33,640
Let us show understanding for all of
this.

1130
01:25:33,900 --> 01:25:37,980
But in the midst of all our sympathy,
compassion, and understanding, let's not

1131
01:25:37,980 --> 01:25:41,480
forget that Helmut Thiele hijacked an
airplane.

1132
01:25:42,470 --> 01:25:46,350
And if the defense weren't brandishing
the word freedom whenever possible,

1133
01:25:46,590 --> 01:25:48,090
another word might come to mind.

1134
01:25:49,010 --> 01:25:52,830
Terrorism. A deliberate attack on the
safety of civil aviation.

1135
01:25:53,190 --> 01:25:58,330
And nowhere in the world, nowhere, is
the protection of civil aviation as

1136
01:25:58,330 --> 01:26:02,270
important as it is here in West Berlin,
especially after the airlift.

1137
01:26:02,890 --> 01:26:06,670
So for that reason and all the other
reasons we've shown, you can have but

1138
01:26:06,670 --> 01:26:07,670
verdict.

1139
01:26:08,430 --> 01:26:09,790
Hijacking. Guilty.

1140
01:26:10,110 --> 01:26:11,110
Taking a hostage.

1141
01:26:11,690 --> 01:26:13,590
Guilty. Deprivation of liberty.

1142
01:26:14,010 --> 01:26:15,570
Guilty. Assault.

1143
01:26:16,050 --> 01:26:18,410
Guilty. Illegal possession of a firearm.

1144
01:26:18,930 --> 01:26:19,930
Guilty.

1145
01:26:31,690 --> 01:26:32,690
Foreman, please rise.

1146
01:26:33,550 --> 01:26:34,930
Will the defendant please rise?

1147
01:26:36,810 --> 01:26:39,030
Madam Foreman, has the jury agreed upon
a verdict?

1148
01:26:39,890 --> 01:26:40,890
Yes, we have.

1149
01:26:42,220 --> 01:26:45,880
What is the verdict of the jury with
respect to count one, hijacking, guilty

1150
01:26:45,880 --> 01:26:46,880
not guilty?

1151
01:26:47,280 --> 01:26:48,280
Not guilty.

1152
01:26:50,820 --> 01:26:53,920
Count two, depriving persons of liberty,
guilty or not guilty?

1153
01:26:54,740 --> 01:26:55,740
Not guilty.

1154
01:26:57,200 --> 01:27:00,000
Count three, doing bodily injury, guilty
or not guilty?

1155
01:27:00,680 --> 01:27:01,680
Not guilty.

1156
01:27:02,460 --> 01:27:06,720
Count four, illegal possession of a
firearm, guilty or not guilty?

1157
01:27:07,340 --> 01:27:08,340
Not guilty.

1158
01:27:08,960 --> 01:27:11,020
Count five, taking a hostage.

1159
01:27:11,500 --> 01:27:12,500
Guilty or not guilty?

1160
01:27:14,880 --> 01:27:15,880
Guilty.

1161
01:27:18,920 --> 01:27:19,920
Schuldig.

1162
01:27:20,520 --> 01:27:21,780
Ja, schuldig.

1163
01:27:24,780 --> 01:27:25,780
Thank you,

1164
01:27:31,140 --> 01:27:32,140
Mr. Bristow.

1165
01:27:32,860 --> 01:27:36,780
Madam Foreman, ladies and gentlemen of
the jury, you have done all that's been

1166
01:27:36,780 --> 01:27:39,780
asked of you, and your work is now
completed.

1167
01:27:40,380 --> 01:27:44,740
I appreciate the sacrifice, the personal
sacrifice that each one of you has had

1168
01:27:44,740 --> 01:27:45,900
to make in order to serve here.

1169
01:27:46,620 --> 01:27:50,340
You are dismissed now with the gratitude
of the court and with my own personal

1170
01:27:50,340 --> 01:27:51,340
gratitude as well.

1171
01:27:52,480 --> 01:27:53,880
Sentencing will be Monday morning.

1172
01:27:54,980 --> 01:27:55,980
All rise.

1173
01:28:52,719 --> 01:28:54,080
Herb? Yeah, it's me.

1174
01:28:58,120 --> 01:29:01,640
Sorry if I woke you. I wasn't asleep.

1175
01:29:02,600 --> 01:29:04,040
Are you okay? Yeah.

1176
01:29:05,680 --> 01:29:06,860
Our daughter called.

1177
01:29:07,440 --> 01:29:08,520
Everything all right at home?

1178
01:29:08,800 --> 01:29:09,800
Mm -hmm.

1179
01:29:10,540 --> 01:29:12,600
She just wanted to know when we're
getting back.

1180
01:29:13,200 --> 01:29:14,200
What did you tell her?

1181
01:29:14,660 --> 01:29:17,800
I said a few days, I hope.

1182
01:29:19,220 --> 01:29:20,220
Guess what else?

1183
01:29:20,440 --> 01:29:21,440
What?

1184
01:29:22,120 --> 01:29:26,220
She said they discussed you in the
Adnesio case in her government class the

1185
01:29:26,220 --> 01:29:27,460
other day. Really?

1186
01:29:28,360 --> 01:29:30,000
And she was very proud.

1187
01:29:32,340 --> 01:29:36,320
Well, I hope she'll be as proud when I
sentence this poor son of a bitch next

1188
01:29:36,320 --> 01:29:37,320
Monday morning.

1189
01:29:38,380 --> 01:29:40,360
The court, please. Your Honor,

1190
01:29:41,560 --> 01:29:46,600
the prosecution would find that a term
of four years is more than acceptable,

1191
01:29:46,820 --> 01:29:48,440
and that is our recommendation.

1192
01:29:50,090 --> 01:29:53,610
You're asking me to give you this man
for four years? Well, not to me, Your

1193
01:29:53,610 --> 01:29:54,610
Honor. To your client?

1194
01:29:54,990 --> 01:29:56,670
Yes, Your Honor, to the United States
government.

1195
01:29:56,990 --> 01:29:57,990
I see.

1196
01:29:58,710 --> 01:29:59,750
Thank you, Mr. Sherman.

1197
01:30:05,730 --> 01:30:08,990
This has been the most extraordinary
case I've ever been involved in.

1198
01:30:09,690 --> 01:30:14,710
Not only have we had to balance the
safety of civil aviation against

1199
01:30:14,710 --> 01:30:17,750
human rights, not to mention complex
international treaties.

1200
01:30:18,620 --> 01:30:23,040
But most extraordinary because we have
had the judgment of the people closest

1201
01:30:23,040 --> 01:30:25,580
the situation, the free citizens of West
Berlin.

1202
01:30:26,280 --> 01:30:29,660
And now it is my duty to honor and
enforce their judgment.

1203
01:30:30,100 --> 01:30:35,300
Immediately after I was appointed here,
the prosecution filed a brief arguing

1204
01:30:35,300 --> 01:30:39,780
that basic constitutional rights did not
apply in this court, specifically the

1205
01:30:39,780 --> 01:30:41,440
guaranteed right of due process.

1206
01:30:42,040 --> 01:30:45,200
They tried to tell this judge how he
must rule.

1207
01:30:45,440 --> 01:30:47,600
They placed themselves above the law.

1208
01:30:48,000 --> 01:30:49,800
and tried to turn this court into a
charade.

1209
01:30:50,760 --> 01:30:55,420
I ruled that such a thing was not
possible in any court where that flag

1210
01:30:57,160 --> 01:31:02,380
And now, Mr. Sherman, Mr. Palmer, I'm
left to wonder who would be here to

1211
01:31:02,380 --> 01:31:05,800
protect Mr. Tila's rights if I did give
him to you for four years, because I

1212
01:31:05,800 --> 01:31:09,040
believe you really mean it when you say
he has no rights and there is no limit

1213
01:31:09,040 --> 01:31:10,040
to your power.

1214
01:31:10,860 --> 01:31:14,840
I am also left to wonder if this city
needs another judge who follows orders.

1215
01:31:15,840 --> 01:31:16,860
Therefore, gentlemen, no.

1216
01:31:17,530 --> 01:31:20,290
I will not give this man to you under
these circumstances.

1217
01:31:20,530 --> 01:31:21,890
Will the defendant please rise?

1218
01:31:24,450 --> 01:31:27,970
Mr. Tila, I sentence you to time served.

1219
01:31:28,190 --> 01:31:29,630
You are a free man, sir.

1220
01:31:38,670 --> 01:31:41,170
Ladies and gentlemen, these proceedings
are concluded.