All language subtitles for law.and.order.s05e06.1080p.bluray.x264-segment

NARRATOR:
In the criminal justice system

the people are represented by two separate
yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

(RAP MUSIC PLAYING
ON CAR STEREO)

He's no Dr. Dre.
You're such a jerk.

You like this stuff,
you're both jerks.

She likes Michael.
No. She likes Sly.

You mean Rocky?
No, | mean like,

"Boom laka-laka-laka,
boom laka-laka-laka."

What's that?
What's that?

You're such a kid.

Sit tight. When you get home,
you ask your dad all about it.

STEFAN: Leave the radio.
Oh, all right, all right.

| hope Dad got the tickets.

Patrick's the best.

What about Shaquille?

He makes
too many commercials.

(RIC LAUGHING)

Ric, who's that?

(GUN FIRES)

First time in 12 years
| fire my gun.

Hey, if you hadn't, we'd be outlining you
in chalk.

Lennie, they couldn't have been
more than 16.

No ID, no gun.
The other one had it.

You shot the one
without the gun?

They tried to rob me.
Look, it happened fast.

LOGAN: | don't know.
What?

The dead kid. The entrance wound
was in his back.

Hey, no problem.
We got two eyewitnesses.

You guys saw
the other kid, right?

Yeah.
Did you see his gun?

Ask me again,
I'll give you the same answer.

JACK: You know it's part of the drill,
Lieutenant.

(SIGHING)

He pointed a gun at me.
A Raven .25.

The one who ran away?

No, the dead one. Then the gun
spontaneously combusted.

Attitude will get you
indicted, Lieutenant.

Three hours of this crap and no sleep,
what do you expect?

Don't you think it might be
more advantageous

to look for the kid
with the gun?

| should have gone
to law school.

Maybe | could come up
with a plan like that.

JACK: Captain Burnett's men are canvassing the
neighborhood with the sketch.

lf there's anything else
you remember?

Has the body been identified?
JACK: They're working on it.

We should check Missing Persons,
his parents may miss him.

Damn.
Why didn't | think of that?

Now | see
why she made lieutenant.

| could do without the attitude, too,
Captain.

Yeah, | got an attitude.

It usually shows up when a cop shoots
anh unarmed kid in the back.

We've had enough. My client's due for her
psychiatric evaluation.

Part of the drill, too.
Right, Captain?

BURNETT: She shot an unarmed kid
in the back, Lennie.

Until | learn different,
she's like any other suspect.

BRISCOE: Except she's been
wearing a badge for 12 years.

That's what | want to know about.
Oh, what?

How, just the other day
over coffee, she said,

"There's too many punks
on the street,

| think I'll pop a couple
in front of my kids"?

Get off it.

You've been on the job, what,
25 years, right?

How many kids
you shoot in the back?

I'm just saying maybe she got
3 little nervous.

| don't know,
lost control, panicked.

She's a good cop.

Look, Lennie,
we both know what's what here.

They get out of the academy,
street's too dangerous,

so they're assigned
a desk job.

All that free time
between dog bites,

they get to study
for the sergeant's exam.

She put in three years
undercover narcotics.

She's a good cop, all right?

She said the kid had a piece.

| buy it.

I'm sure your lieutenant's
a nice lady, Logan,

but that doesn't mean
she should be running a squad.

Well, what is it
that bothers you, Burnett?

That she's wearing a skirt
or that she's black?

For your information, | got A-plus
in politically correct.

| love Afro-Americans.

| love Gyno-Americans.

But if one of them happens to shoot a kid
for no reason,

that cop's gonna get nailed.

| can't help you.

Don't be a hero, Logan.
You know procedure.

You and everybody else
in your precinct

better keep their butts
out of this.

| Know we gotta do this,

but I'm okay
with what happened. Really.

A dead boy?
You must feel some remorse.

Please,
that's not what | meant.

I'm just saying | did what | had to do
under the circumstances.

Nobody doubts that.

Well, nobody in this room,
anyway.

They'll find the boy, they'll find the gun.
This'll all go away.

Not all of it.

What? I'm gonna have nightmares? I'm gonna wake up
with cold sweats?

Tell me something
| don't know, Doctor.

Anita,

it doesn't worry me
if you're feeling guilt.

It worries me
if you go into denial.

You know what | worry about?

| worry about what could have happened
if | didn't have a gun.

| worry about
the kind of world we live in

when kids would kill
for a couple of dollars.

Here we go.

Last six months, three ATM jobs,
same neighborhood.

Hey, you wanna get us
a reprimand from downtown?

That's not our business,
Mike.

This has nothing to do
with Van Buren.

These kids were white.

Oh, yeah, right.

And while
we're looking into it,

we just happen
to run across the kid

who waved the gun
at Van Buren.

Well, then that would be
a coincidence.

(PHONE RINGING)

Logan. Yeah, all right.

You got an address?

Shoot.

Uh-huh.

Good. Thanks.

The dead kid's description matched a 14-year-old
named James Gordon.

His mom ID'd him this morning.

Mike, | got a pension coming.

So does Van Buren.

MARJORIE: 1 already talked
to you people.

Can't you leave us in peace?

There were other robberies, Mrs. Gordon.
We're just doing our job.

Like | told those other cops, my son
was not a criminal.

That woman just shot him dead
because he was big and black.

I'm sorry, but your son
was at the scene of a crime.

My son could barely
dress himself.

He was mentally retarded,
okay?

Now please, go.

Did you ever see this boy with your son,
Mrs. Gordon?

| didn't this morning
and | still don't.

He wasn't a friend of James'?
No.

Who's Guinevere?

She was James' friend.

Did James paint that?

He can't write a sentence,
but he can draw real nice.

Mrs. Gordon, about Guinevere?

She was just some white girl
he was sweet on at school.

She's retarded, too.

James made this for me.

He did? It's pretty.

Gwen, | got a picture
of one of James' friends.

| was just hoping maybe
you could tell me who he is.

Think hard, sweetie.

| don't know him.

Honey, could you look at him
7 little closer?

Maybe tell me
if you've seen him around?

It's okay. Go ahead.

BRISCOE:
You sure you don't remember?

James isn't coming back
to school.

I'm sorry.

Yeah. Well, if she remembers anything...
Sure.

Come on, sweetie.

Goodbye.
Bye.

When | was 14, my mom knew everybody
| hung with.

How many friends packing metal did you
invite over for brunch?

Look, all I'm saying is, if | had a kid
that was retarded,

I'd be all over her
like a rug.

No, what you're saying is maybe Van Buren
made this face up?

If some people step in it
bad enough,

they'll say anything
to get rid of the stink.

She's not stupid, Lennie.

Having brains doesn't keep you
from panicking.

What is this?
Do you think she's lying?

It happened fast, right?
So maybe she's exaggerating.

Her boys saw the other kid.
But they didn't see a gun.

Hey, this isn't
a popularity contest, Mike.

All I'm saying is there's a lot of sides
to look at in this thing.

And one side says
if there wasn't any gun,

it would really make Van Buren's day
if we didn't find the kid.

VAN BUREN:
Burnett's trying to bury me.

He's a pimp.

He wants to make deputy inspector
on your back.

(SIREN WAILING)

(SIGHING)

No one can find that kid
you saw run away.

| saw him, Mike.

You know, from now on, you better knock three times
on my office door.

You don't, | may get antsy,
blow you away.

Nobody's saying that. Nobody's giving me any medals,
either.

Look, you gotta know, no kid, no gun, it's not gonna be
an easy ride.

I'm the one who had a gun shoved in my face.
I'm the victim here.

And still everybody wants me to say | did something wrong.
Uh-uh.

I'm sorry.
| didn't do anything wrong.

| tell you what. 14-year-old kid with a size 18 collar.
He ate well.

Well, an ATM a day
buys you a lot of ice cream.

See these blood stains here?
That's a type AB negative.

Oh, good.
| got dibs on his liver.

Not if you want to live past tomorrow. Your dead kid
was a type O positive,

as evidenced by the blood adjacent
to the entrance wound.

You're telling me there's two types of blood
on the shirt?

Yeah.
Son of a gun had a busy day.

| don't Know. It doesn't really
prove anything.

| mean, could be Mom didn't
wash his shirt for a week.

Or it could be confirmation
of Van Buren's story.

Think about it for a minute.
VENDOR: Here you are.

Put some stuff on there,
will you?

Van Buren shoots the other kid in the arm or leg,
someplace not fatal.

It's a through-and-through
and it kills James Gordon.

VENDOR: Here's your change.
The old magic bullet theory?

Hey, it worked
for the Warren Commission.

If I'm right and this kid got hit,
maybe he went to an ER.

And if we're lucky,

somebody followed procedure
and reported it.

Yeah.

Hospitals reported 12 gunshot wounds between
5:00 p.m. and midnight.

BRISCOE: Any of them who don't have
their driver's license yet?

There's one
who's still in diapers.

How about teenagers
in the West 90s?

Two. There's a Dorothy Jones
and a Craig Singleton.

Said he was shot
in a drive-by.

Left the emergency room
at Our Lady

before our guys got there
to take his statement.

Five-to-two
he's got a sheet.

Save your money, Logan.

Craig Singleton
AKA Hammerhead.

Priors for assault, armed robbery,
disorderly conduct.

He's a gangbanger with the Blue Deuces
in Harlem.

It gets better. Keep reading.

Deceased, March 6, 1993.

Our boy used an alias.

Somebody he knew
and respected.

Thanks, Ana.
If anybody asks...

Briscoe who?

Blue Deuces. One of your more popular
social clubs.

You know a member named
Craig Singleton?

You mean Hammerhead.

| busted him maybe six times.

Favorite song, Cop Killer.
Favorite color, green.

Favorite pastime, beating 65-year-old widows
with a bat

to get their welfare checks.

But one of the grannies fought back?
Somebody did.

Found him in a vacant lot,
12 bullets in the back.

No suspects, no arrests.

He must still have a fan club because somebody
copped his ID.

Wouldn't surprise me, the kid is a regular hero
among the masses.

Where do these masses
hang out?

Try the block,
125th and Broadway.

Easy.

Ten years from now,
one of those kids will sign

a $60 million deal
with the NBA.

Hey, in 10 years, half those kids
will be dead or in the can.

Hey, didn't you hear?
We got a new crime bill.

Then make that five.

Hey, Lennie.

Look at that,
that kid's been to a doctor.

He didn't get that
on a fast break.

Why couldn't he
have been shot in the leg?

Hey, come here. Where you going?
Hey, man!

Hey, | ain't done nothing,
man!

You get that arm playing
cowboys and Indians?

No, | took a bullet.

"Took a bullet."

You can't keep me here, man.

Look, my son
said he didn't do anything.

And I'm sure he won't do it again, right?
Real funny.

Eddie Murphy
better watch his ass.

Now why do you wanna go and use language like that
in front of your mom?

MRS. ROWLAND: | heard it all before,
mister

Hey, speaking of funny, Zack,
wanna know who cracks me up?

Zack Rowland, 14.

BURNETT:
The judge, that's who.

The one who's gonna send you
away for armed robbery.

| hope someone
read him his rights.

Signed the waiver in triplicate
in front of his mom.

You can do me a real favor,
Zack.

You can send me a postcard
from Attica, okay?

| was always curious about what it's like playing
choo-choo with a real man.

You see, to me personally,
it's no big deal.

But all those guys up there in the joint,
they can't all be wrong.

You know what | mean?

You can't prove nothing, man.

That's right.

| can't prove a damn thing.

But there's a Lieutenant Van Buren who's got
your dimples stuck right here.

| never heard of him.
It's a she.

And that hole in your arm,

she was instrumental
in putting it there.

She picks you
out of a lineup, Zack,

it's all over.

Tell the man what you know,
boy.

You got it all wrong, man.

Me and James, we see this lady
at the cash machine.

We figure maybe she could spare
a couple of bucks.

And just to emphasize the charitable nature
of her donation,

you stick a piece in her face.

We ain't had no steel, man.

All | know was the bitch freaked,
started shooting.

| just tore ass.

Yeah, right. Straight to Little League
practice.

The kid's full of crap.

Well, somebody is.

MRS. ROWLAND:
My son didn't do anything.

BURNETT: Maybe you're right.

You had to be there
fo see the humor.

Don't you think we owe Van Buren
the benefit of the doubt?

Discretion
doesn't play a part.

Cop shoots citizen, it goes to the grand jury.
Period.

Yeah. Well, it doesn't have to go
tomorrow.

The kid's gun will turn up.

The longer we wait, the more it looks like we're covering
something up.

A retarded, unarmed, black kid
gets killed by a cop?

The fuse is lit.

| don't want to wait around
for the explosion.

Look, I've worked
oh dozens of cases with her.

She's a good cop.

| can't see ruining her career
for a little good PR.

We're doing what the law requires.
No more, no less.

RIC: Dad had to work,

so Mom said she would take me and my brother to the city
for a movie and dinner.

Is that what happened?

You have to answer
out loud, Ric.

We never got to dinner.

Could you tell us why?

Mom said she needed
to get money from the bank.

She told me and Stefan
to stay in the car.

JACK: And what happened then?

We were listening
to the radio.

We saw the two kids
come up to Mom.

We were scared.

Then we heard it.

What was that, Ric?

Ric?

She didn't mean anything.

Why do you want to
put her in jail?

What did you hear, son?

A gun.

We saw the big kid fall,

and the other one run away.

Your mom shot the big kid?

Yes.

Could you see if either one of the boys
was carrying a gun?

No.

ZACK: Me and James, we was just hanging,
you know.

JACK: And what time was that?

| don't know, maybe 7:00.

We went to see
James' old lady,

and on our way home
he says he wants a Coke,

but neither one of us
got a coin.

So what did you do?

James has this thing,
you know,

‘cause he kind of
big and dumb,

so people get scared of him.

So he walks up to people
and they give him money.

You're saying he panhandles.

No.

He asks and they give him.

Like that night
at the cash machine.

He asked that lady for a dollar or something,
he says to get back home.

But she just turns around
and starts shooting at us.

| don't even know
what's with her.

Were you carrying a gun,
Mr. Rowland?

No way.

What about Mr. Gordon?
Him neither.

All right. Thank you.

VAN BUREN: | withdrew $300.

| don't usually carry
that much cash,

but | put the money
in my purse

and | saw their reflection
in the glass.

One of them, the smaller one, said,
"I'll take it all, bitch."

| reached in my purse
as if to get the money

and grabbed my weapon instead.

| turned to them,

identified myself
as a police officer.

The shorter one had a gun.

He pointed it at me.
| fired my weapon.

The bullet went through
the arm of one perpetrator

and into the back
of the other.

That's all.

You aimed at one of the boys
and you Killed the other.

Yes. That wasn't my intent.

What was your intent?
To apprehend the perpetrator.

And to save yourself?

Yes.

Were you thinking
about your kids in the car,

what, 10 yards away
from the cash machine?

Of course.

You feared for your life,

you feared for the life
of your kids,

you were thinking about apprehending
Mr. Rowland.

That's a lot to be thinking about in maybe
two or three seconds.

| saw a gun, Mr. McCoy.

How long have you been on the force,
Lieutenant?

Going on 12 years.

Would you say
over those 12 years

that the majority of people
arrested for violent felonies

were African-American?

What are you implying?

Please answer the question.

| don't know.

What about your personal experience,
Lieutenant?

In your own precinct?

The majority of the arrests

were of non-Caucasians.

Was that thought bouncing around in your head,
too,

that night in front of the cash machine?
No.

So if it was two white kids
that came up behind you,

you wouldn't have
acted any differently?

Mr. McCoy,
someone points a gun at me,

the last thing | think about
is what color he is.

Are you having fun in there?

What do you mean?
Give me a break.

You're going out of your way
to give her a hard time.

There was no reason
to bring up race.

Wrong. There was
a 14-year-old kid

lying on the sidewalk
with a bullet in his back.

Lieutenant Van Buren
put it there.

She thought she was being attacked.
She thought.

There's a chance that the color
of the kid's skin

had something to do
with that.

So you don't think
she was justified?

| think that's up to
the grand jury to determine.

| took away any chance
that kid had.

| Know better than anybody what's going on
in the streets.

They pulled a gun on you, Anita. You did what any cop
would have done.

| busted my butt
for 12 years.

I'm a black woman lieutenant

in the New York City
Police Department.

Do you have any idea
what that means?

I'm not any cop, Doctor.

If | was, I'd still be
writing parking tickets.

And now you're afraid of losing all
you've accomplished?

No.

I'm angry that everything
I've accomplished

is being ighored
because of a mistake.

Do you feel it was a mistake?

The mistake
is that a kid died.

And the entire city
is trying to crucify me.

That's the mistake.

KIRK: There's really no point in waiting.
DONALD: She can call us at home.

VAN BUREN: Staring at four walls?
No, thank you.

Even if they return an indictment, it's a long way
from a conviction.

She's right, Anita.
My God, that was quick.

| guess they didn't
have much to discuss.

They no-billed you,
Lieutenant.

Congratulations.

Mrs. Gordon,

I'm sorry about what happened.

JACK: You did what you had to do,
| did what | had to do.

I'm not looking for a kiss and make up,
Counselor.

But | would like to know
what you're going to do now.

And you have some suggestions.

If I'm telling the truth, that means
Zack Rowland's lying.

The grand jury
failed to indict.

That's not the same as establishing that you
were telling the truth.

What's that supposed to mean?

The grand jury no-billed you
because they need you.

Like most citizens,
they're sick and tired

of what's going on
in the streets.

Are you saying they thought | shot
that kid intentionally

and let me go anyway?

I'm saying
that they don't care.

They're just happy that he won't be showing up
at any of their ATMs.

Look,

as far as I'm concerned,
this case is over.

As far as the Chief of Detectives is concerned,
this case is over.

I'd say
you had a pretty good day.

| want to see
the grand jury transcript.

LOGAN: Someone should remind him that
we're public servants,

not public enemies.

BRISCOE
He's just being realistic.

He needs more than our say-so
to go into a courtroom.

Maybe we can give it to him.

Zack Rowland on the stand.

"We went to see James’ lady and on the way home,
he says he wants a Coke."

Is there something
between the lines?

James' lady?

The retarded girl.

Gwen Sheffield.

She says she never even
saw Zack Rowland.

Looks like she's telling a little white one,
doesn't it?

(SCHOOL BELL RINGING)

| told you | don't know him.

| Know you did, honey,

but maybe you didn't recognize him
from this picture.

We really need your help.

His name's Zack.

BRISCOE: Zack Rowland.
| don't know him.

He said that he and James
were at your house.

LOGAN: He also says
you have a crush on him.

| do not. | hate him.

So you do know Zack?
| hate him.

He said he would shoot me

if | told about him and James.

Why would he do that?

He has a gun.

It's my fault James is dead.

My friend Debbie Green
has a bracelet | like.

James said he would
get me one for my birthday.

James said that to you?

No, but that's why he's dead.

It's not your fault.

Honey, how do you know
Zack has a gun?

He showed it to me.

It's on his roof.

It's on the roof?

Shall we all go to the roof
and look for it?

BRISCOE: Take your time, Gwen.
It was here.

Do you remember
where he hid it?

Me and James and Zack,
we were here.

| was scared.

Well, don't be.
We won't let anybody hurt you.

Zack's bad.

Now, just try to think back, Gwen.
When did you see the gun?

After school.

You were standing here?

Where was Zack?

| think you're getting warm,
Mike.

There's something caught
in the pipe here.

Smoking.

Mr. McCoy, | Know you've been
out of school a long time,

but you do need an arm
for armed robbery.

Read the complaint.

Your client is charged with using
a Raven model A-25,

which is presently
in the evidence room.

Hell, that ain't mine.

Gwen Sheffield says it is.

Yeah, and Bonnie never testified
against Clyde.

The dead boy's girlfriend
gives you a gun,

and you expect a jury to believe that it belongs
to my client?

| guarantee she's got a lot more credibility than
this fine upstanding citizen.

Oh, yeah, and who's not gonna believe
the pretty white girl?

Your client is a felon,
Mr. Osborn.

The fact that he's black
is not relevant.

Maybe to you.

It is relevant to a whole lot of people
| Know in this city.

That sounds like a threat.
You bet.

| scream, "Burn, baby, burn,"

and something somewhere
goes up in smoke.

But, because by nature
lam a nonviolent man,

I'm willing to make you
this one-time offer.

We can talk deal,

but nothing
that includes jail time.

Then you'll be talking to yourself.
Fine.

Let's go, Zack.

We put Gwen on the stand
to prove it's Zack's gun,

Osborn will cross her
about the bracelet.

It adds to Zack's credibility.

Maybe we don't have to
put her on the stand.

They traced the gun
to Jeffrey Crockett.

He owns a candy store
on 96th St.

Don't ask me. That gun was stolen
six months ago.

You're obliged to report it,
Mr. Crockett.

Hey, come on. I'm just trying to run
7 little business here.

Yeah. And I'm just trying
to put this kid in jail.

Why don't you just make this easier
for both of us?

He used to work for me
part-time.

He was a screw-up,
so | fired him.

He took a going-away present.

Let me guess,
his name was Zack Rowland.

Close. Tony Rowland.
His buddies called him G-Dog.

You want to mess
with these animals? Have fun.

BRISCOE: Yeah. Looks like Tony here knows his way around
a courtroom pretty good.

Five arrests.

Yeah, that's right,
and only one conviction.

And nine months
left on your parole.

I'm a model citizen.

(LOGAN SHUSHING)

You hear that sound?

That's the sound
of your parole being revoked.

Says who?
Says the man,

says gun possession.

| don't see no gun.

Maybe you need
a new prescription.

Your former employer says you took it
without asking his permission.

And guess what?

That very same weapon was used to hold up
a police lieutenant.

What?

You guys is pulling my crank,
right?

We are gonna bury you

and we're gonna
enjoy doing it.

Maybe | took the gun,

but | ain't used it.

Who did?
| sold it.

Half a yard.

You'd take 50 bucks
from your little brother?

| didn't know he was stupid enough
to pull it out on cops.

Tony Rowland testifies
that he sold a gun to Zack.

Van Buren ID's it as the gun
that Zack pointed at her.

Doesn't leave much doubt.

ADAM: We go through a two-week trial,
we get a conviction,

and at sentencing his lawyer cries
about the hardships

of being an urban youth.

Who committed armed robbery.

Juvenile, first-time offender.

The judge'll give this boy
two years at Spofford.

Save yourself a migraine
and offer rob three.

| was thinking murder two
would be more appropriate.

No good.

The Gordon boy died

while Zack Rowland was committing one
of the proscribed felonies.

That makes it felony murder.

Felony murder doesn't apply
to accomplices.

James Gordon was retarded.

If his mental age was such that he couldn't
form the intent

to commit a crime,

he couldn't have been an accomplice
as a matter of law.

Adam,

| think we ought to re-arraign
young Mr. Rowland for murder.

Before we get charged
with abusing our discretion,

see how incompetent
this kid was.

James Gordon was classified
as severely retarded.

Could you quantify that?

His 1Q was
right around 40.

He was functional, but required a lot
of supervision.

What does an 1Q of 40 translate to
in intellectual age?

It doesn't. We don't make those
kinds of assessments.

Most of the training | did
with James was remedial.

Basically, kindergarten level.

But you put a paintbrush
in his hand, he was special.

Could he read and write?
Barely.

| had to stay
after school with him

to help him learn to spell
his girlfriend's name.

Gwen?
Guinevere.

It took him two weeks.

He was a sweet boy.

If he was involved, | guarantee he thought
it was some kind of game.

(BELL RINGING) I'm sorry.
Is there anything else?

No. Thank you.

"Docket number 98472, People v. Zachary
Michael Rowland."

Did someone
press a rewind button?

| think
| heard this last week.

The People are adding a count of murder
in the second degree.

Mr. Osborn,

does your client understand
the charges against him?

Well, Your Honor, I'm not even sure
| understand the charges.

You see, the boys in blue have got a little egg
on their faces,

and they go after the first black boy
they can find.

I'm sure you'll tell all that
to the jury, Mr. Osborn.

Do we have a plea?

Not guilty.

You'll want some bail
this time, Ms. Kincaid.

75,000, Your Honor.

$75,000. Cash or bond.

Van Buren's original
statement to the police

and her grand jury testimony.

This should make good bedtime reading
for Osborn.

Forensics reports
including blood-typing,

police reports
with witnhesses' statements,

Tony Rowland's statement to Briscoe and Logan
about Zack's gun.

| don't think the defense needs to see
Gwen Sheffield's statement.

The CPL says we have to
turn over statements.

Of witnesses. We're not putting her
onh the stand.

Gwen said James needed money
to buy her a bracelet.

It's potentially exculpatory. Under Brady we're obliged
to turn it over.

If it were exculpatory.

Wait a minute.

Osborn could argue it proves James Gordon
had intent to commit robbery.

And he'd be wrong.
First year law school, Claire.

X murders Y to get his wallet.

X's intent is to kill, his motive
is to get the bucks.

The former is an element of the crime.
The latter is not.

A jury might think James' reason for being
at the scene is relevant.

And they'd be wrong, too.

Maybe James Gordon had a reason to be
on that street corner.

The bottom line is that fact
has absolutely nothing to do

with whether or not he was competent to form
the intent to commit a crime.

And I'm supposed to risk
my license for this?

No, and neither am I.

Nowhere do the canons
of ethics say

that we have to turn over irrelevant and potentially
misleading evidence.

| want to convict this kid,
too, Jack,

but we're walking
a very fine line here.

The law says | don't have to
give it to them, Claire.

And besides, | don't want to.

| saw the gun and then | identified myself
as a police officer.

This was previously marked
as People's three.

Is this the gun you saw
in the defendant's hand?

It's the same make
and model, yes.

But People's three

was not the same gun that killed James Gordon,
was it?

No.

Please, could you tell us what kind of gun
actually killed him?

It was a .38 caliber
Smith and Wesson.

And who owns it?

| do.

And who fired it?
| did.

So, in your mind,

James Gordon must have appeared competent enough
to commit a crime.

Objection. Competence.
Sustained.

No more questions.

OLIVET: | never
examined him personally,

but | reviewed
his complete medical history

and interviewed people
who knew him.

And what were your findings?

James Gordon had a form
of mental retardation

known as microencephaly.

The frontal lobes of his brain
never developed.

And what is the significance
of that, Doctor?

He lacked the ability to perform
higher order activities,

such as logical reasoning
and planning.

So, in your opinion,

was he capable of forming
the requisite criminal intent

to perform a criminal act
as defined by the penal law?

No.

Now, James Gordon attended school every day,
is that correct?

In a special program, yes.

Yes. That's right.

Now his school

was oh 103rd St.

He lived with his mother
on 138th.

Do you know
how he got to his class?

His mother said
that he rode the bus.

Oh, yes, the Broadway line,
| believe it was.

Now, do you know if he traveled alone?
Yes, he did.

So every morning,

he was capable
of making exact change.

He knew where to get on the bus
and where to get off,

and he repeated the same process in reverse
at the end of the day.

Only the frontal lobes
were underdeveloped.

This never affected
his memory.

He was fully able
to perform rote activities.

Like pulling a stickup job?
Objection.

Sustained.

Thank you very much.
You've been helpful.

Olivet was convincing.

Tomorrow we put on
the teacher.

(PHONE BUZZING)

Yes, right away.

Adam wants to see us.

Okay.

OSBORN: Can a cop shoot
an unarmed black kid

in the back
and walk away unscathed?

1 say, only in America
can they then charge

his black friend
with that murder.

Only in America
can the white justice system

withhold evidence that would indeed
prove that he is innocent.

Can anyone explain to me
what that's about?

He must have found out that James Gordon
needed money

to buy his girlfriend
a bracelet.

Oh, that's the message.

What Gordon wanted to do
with the money is irrelevant.

| made a judgment call.

When a decision can have an effect on the perceived
integrity of this office,

nobody's judgment counts
but mine.

Do you really think
| would cheat to win a case?

Whatever | think,

you're gonna have to do your dance in front of
Judge Larkin tomorrow morning.

And if she finds against you,

you'll be lucky if you're closing up
the office before lunch.

OSBORN: Your Honor,
| personally know

that the DA's office
is withholding evidence.

This is ludicrous!

Calm down, Mr. Osborn. We don't need you
to pop a blood vessel.

| take it personally when opposing counsel forgets
that we have a constitution.

Nothing in the Constitution
says

that the state has to make the defendant's
case for him.

OSBORN: Oh, is that right?

| seem to recall something
about a fair trial,

and a criminal defendant's
right thereto.

Or does this only apply
to white defendants?

You don't score any points
with sarcasm, Counselor.

We don't have to score points,
Your Honor.

We're the defense.
We're presumed innocent.

And it seems the only way the prosecution
can rebut that presumption

is to intentionally withhold... Irrelevant
and misleading evidence.

I'm sorry, Counselor,
but in judge school

they taught me it was my job to decide what is
or isn't relevant.

That's exactly my point,
Your Honor.

I'm entitled to a dismissal and sanctions
against both of them.

Everybody wants to do
my job for me.

You pushed
the envelope here, Jack.

Thank you.
You're welcome.

But | can't say that what the state did
is per se unethical.

You can put the girl
on the stand, Mr. Osborn.

No harm done.

| saw James every day
at school.

We ate lunch together.
He was my friend.

Did he ever
give you presents?

He painted a picture
and gave it to me.

He bought me ice cream.

He was always
giving me things.

Now, you just had a birthday,
didn't you?

Yes.
Happy birthday.

Did James ever say
he'd buy you a gift?

Yes.

A bracelet?

| told him he didn't have to.

It was too expensive.

| just wanted him
to come to the party.

But he said he was gonna buy it anyway.
Yes.

How was James going to get the money
to buy that bracelet, Gwen?

He said he had a way.

Now, this is very important.

Does James have a job?

No.

Thank you, Gwen.

Did James ever tell you

that he was going to steal the money
to get you a present?

No, he's not like that.

He wouldn't steal.

| don't need
an ID bracelet that much.

Now all we have to do is hope the jury understands
the difference

between motive and intent.

ADAM: Good luck.

That's beyond most members
of the bar.

The girl's testimony
killed you.

JACK: On the other hand, Adam,
maybe it helped.

James Gordon's teacher
told Claire

he wanted her to teach him how to spell
his girlfriend's name.

Gwen testified that James wanted to buy her
an ID bracelet.

Which would have her name
printed on it.

You think he already
bought the bracelet?

If he did, he didn't have
motive or intent.

Call Van Buren.

I've got to talk to you.

| told you on the phone
to stay away from me.

You want absolution, lady,
go to church.

You can help us convict
Zack Rowland.

What makes you think | want to? You killed my son,
he didn't.

It was an accident.

Well, doesn't that make me feel
a whole llot better?

Look, woman,
you may be black,

but you are a cop, and to me,
you are nothing but a killer.

No better than anybody else who shoots at kids
and kills them.

| Know you're suffering, Mrs. Gordon...
Suffering?

What do you know
about suffering?

You lost a week's pay.
| lost my baby!

And | know
you'll never get over it.

| killed him, Mrs. Gordon,

and | will never live a day
without that tearing me up.

| work very hard
to be a good cop.

| work very hard
to be a good mother.

And what keeps me up at night, what scares
the hell out of me,

is that none of it
may make any difference.

| don't want to see any more of our kids dying
on the street, please.

| need your help.

If you know anything
about that bracelet,

please...

MARJORIE: | gave him
a dollar a week.

He spent it on baseball cards.

My brother tells me
he's got some valuable ones.

He must've sold them
to get the money.

"Guinevere."

| heard Zack Rowland
cut a deal.

Lieutenant, it's 9:00,

I'm in a bar, I've got a glass of eight-year-old
scotch in front of me.

| don't talk business.

Tell me something, Counselor,

were you born a wiseass,

or did it just come
with the job?

I'm a pussycat. You should have seen
my old man.

Your old man?

He was a cop.

You knew that.

If it had been him who was unlucky enough to be in front
of that ATM instead of you,

there probably would have been two dead kids
lying on the sidewalk.

And you would've dragged him
in front of the grand jury?

Damn right.

| would have
got an indictment, too.