All language subtitles for Law.and.Order.S11E16.Bronx.Cheer.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

In the criminal justice system,
the people are represented

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.

Okay, I got seven bags sourdough
and 13 baguettes.

It's supposed to be
14 baguettes.

Hey, I counted them twice.

Look, just take three loaves
out of each bag.

Oh, then they complain
to me that it's light.

Get out of here before
they complain you're late.

Oh, man.

The bakery workers found her

when they opened up
this morning about 5:30.

Any ID?

Nothing. I got some guys out looking

in the trash cans
for a purse.

She's got bruises
on her neck, Lennie.

And her heel's
practically broken off.

Kind of tough
to run from somebody

in those things.

Sarge! I found this
handbag two blocks over.

Let me see that.

Matches her outfit.

Huh. Just cigarettes
and a lipstick.

She could've been
out late

at one of these bar/restaurants around
here.

Or a party.

Whoa!

That looks like Ecstasy.

The party's over.

[Captioning sponsored by
STUDIOS USA TELEVISION

and NBC]

you have a good,
old-fashioned strangling.

From the front
or the back?

Missionary position.
His thumbs crushed her larynx.

I make time of death
between 1:00 and 2:00 a.m.

So, he's choking her
face-to-face.

She must've tried
to pry his hands loose.

Any skin under her nails?

No. My guess is the perp
had gloves on.

What about sexual assault?

Everything's ship-shape
down there.

Did you find MDMA
in her tox screen?

No Ecstasy, but her blood
alcohol was up there.

Did you get a read
on stomach contents?

No. She hadn't eaten food
in a while.

Her last meal was
a sour-apple martini.

Straight up
or on the rocks?

Do we have an ID on her?

We're canvassing
the neighborhood with a photo.

Nothing so far.

Too early for a
missing persons report.

Well, how about prints?

She's not in the system.

It was only a
matter of time.

The lab confirmed the 25 hits of Ecstasy
in her purse

and they couldn't have all
been for recreational use.

Well, this type of martini
she was drinking...

Sour-apple.

It's going to be tough to
figure out who serves them

until the bars open up.

Hope you guys have some
basic black to change into.

The bartender said you were working the
lounge last night.

Yeah, 9:00 to 4:00.

Did you serve
any sour-apple martinis?

Are they illegal now?

Guys, where's your
sense of humor?

We lost it
about seven bars ago.

Yeah. I served about
a hundred of those things.

Did you serve any
to her?

What happened to her?

She was killed
a few blocks from here.

Yeah, um, I served
two or three to her

and a few to the guy
who was hitting on her.

Either one of them a regular?

I didn't recognize them.

Did you see the two of them
leave together?

Yeah, maybe.

How'd they settle up?

Uh, credit or cash?

His American Express
Platinum.

I'll get the charge slip
from the manager.

What is this about?

You were at the Zircon Lounge
two nights ago?

Uh, yeah.

Uh, maybe you'd be more
comfortable talking

down at the precinct?

What do you want
to know?

Who was the woman you were
with that night, Mr. Gibson?

A girl named Angela.

I met her at the bar
around 11:30.

I bought her a few drinks.

You buy anything else
besides a few drinks?

Like what?

Like, uh, Ecstasy,
maybe?

I get tested here, all right?

I got her cell phone number,
took a taxi home--

alone.

She had a cell phone
with her?

Yeah. She went out
a few times to take calls.

Uh, I actually thought
things were going pretty well

until she noticed some guy
come into the bar.

She gets up, she goes to the
bathroom, she never comes back.

I figured it was
an old boyfriend.

What did he look like?

Uh, about six-one, six-two,
my age...

light hair, black jacket.

Think he might've had
a friend with him.

What time did you get home?

About 1:00-1:15.

You could check with my doorman.

We will.

And, uh, we're going to need
that cell phone number.

Lennie... here she is.

"Angela Jarrell."

Nicer than the one we got.

Here's her wallet.

Well, if the perp robbed her,
all he got was her cell phone.

Have you had
any problems here?

Nothing unusual.

Complaints about
her music.

She's behind on her
rent a few months.

How much does she owe?

About three grand.

Her father used
to send me a check

from Minnesota
or someplace.

Then, about six months ago,
she started giving me cash.

That's when she
fell behind.

You know how we can get in touch
with her parents?

I'm sure it's
on her rental application.

My parents couldn't
make the trip.

They're in shock.

My father says he'll never
set foot in this place.

Well, maybe he'll
feel differently

when we have your sister's
killer on trial.

Angela's dreamed of coming here
since she was ten years old.

I just can't believe
this is how it ended.

Did your sister
ever mention

what she was doing
here, Miss Jarrell?

Well, she called about
the auditions she went on

the parts she never got,
some of the guys she met.

Did she ever talk about having
any trouble with any of them?

No.

Was she working at all?

Well, my Dad couldn't
make ends meet

and still pay her rent

so she took a job
at a copy place.

Where was that?

She said it was
on the same block

as her apartment, so Dad
wouldn't have to worry

about her on the
subway at night.

Ms. Jarrell, there isn't
any copy place

near where
your sister lived.

What are you saying?

Did your sister
ever mention anything

about Ecstasy?

What is it,
Miss Jarrell?

Well, Angela wanted me
to try some with her

when she came home
last Christmas.

Some guy she knew
turned her on to it.

She said it was
an unbelievable high--

that it would really...
open me up.

She liked it so much

she may have been selling it.

Can you think of anybody

she might have been
in business with?

We're sorry to lay
this on you, but we...

It might help us figure out
who killed her.

I wish I could tell you,
but I... I really don't know.

I'm just glad my father
didn't come here.

Hey, Lieu...

Yeah?

Looks like Angela Jarrell's
day job was dealing E.

And you think that's
what got her killed?

Spot where she was strangled
wasn't on her way home

and we figure she went there
with somebody she knew.

And that Wall Street guy's
alibi checks out.

Well, here are the LUDs
from her cell phone.

Four calls from the same number
while she was at the bar.

Let me see.

Yeah, I called Angela.

I was supposed to meet her
for a drink.

She never called me back.

So did you go
meet her?

I was here with
my girlfriend all night.

Let me get
this straight.

You're here with your girlfriend, and at
the same time

you're trying to get with Angela at 12:30
in the morning?

Four phone calls.

Sounds like
you were, uh

kind of obsessed
with meeting her.

Maybe you were trying to get
your hands on some Ecstasy.

So you know
what she was doing.

She had 25 hits on her
when she died.

Look, Angela wasn't
like you think.

I mean, she was

the most incompetent drug dealer
you ever saw.

She was supposed to come
over here on her way home

and roll with us,
but she never showed up.

Do you have any idea

who might have gotten her
into this, Mr. Daltrey?

Look, this might be
something.

I once asked Angela
if she could, you know

find me something
more serious.

She gave me
a guy's phone number.

Do you still have
the number?

I threw it away,
but I remember his name was Taz.

We could try running it
as an AKA.

Thanks.

Thursday?

Um, no.
I was home all night. Why?

We heard you were

at the Zircon Lounge
in Tribeca.

We're investigating
an incident there.

No, I'm not getting around
too well

since I busted my foot,
so...

You know a woman named
Angela Jarrell?

That doesn't ring
a bell, no.

How'd you hurt yourself,
Mr. Partell?

You wouldn't believe it.

I dropped a hammer on it.

Broke one of those
little bones.

At work?

No, no. I'm between jobs.

I was, uh, putting shelves up

in the closet.

Mmm, when was that?

Last weekend.

What, you don't believe me?

We ran your sheet.

How'd you get
your cleaning?

They deliver.

Now, look, if there's
nothing else... okay?

How about somebody
that can account

for your whereabouts
Thursday night?

Like I said,
I was here alone, all right?

Now, if you guys got nothing
else to ask me... good-bye.

She's got a broken right heel;
he's got a broken left foot.

She got two hands
around her neck--

that's probably all
she could do.

Gibson told us the guy in the bar was
wearing a black jacket.

Did you notice the jacket
in the dry cleaner's bag?

Yeah, I noticed
the receipt, too--

Parisian Dry Cleaners.

Let's find out if Partell
took that jacket in

to clean up after
a night on the town.

Uh, no deliveries this week.

Um, he picked up
his dry cleaning on the 26th.

That's two days before
the murder, Lennie.

He picked it up?

Um, a leather jacket,
two pair of pants, three shirts.

And how'd he manage all that
on his crutches?

He didn't have crutches.

You sure?

I... I couldn't find
his cleaning.

He saw it on the rack,
and he walked around the counter

and took it down for me.

Thanks.

You lied about when
you hurt your foot, Partell.

I think possibly you may
have misunderstood me.

Yeah, right.

So what happened?

Somebody break off a
high heel on your toe?

Hey, guys,
what's the point

of dragging me down here,
really, you know?

Criminal Sale of a
Controlled Substance in '95

gun possession in '97--
you fit the profile.

My lawyer?

You know, once we connect you

to Angela Jarrell,
it's over.

Yeah, you go right ahead,
connect me, okay?

We got witnesses coming down.

If they put you in that bar...

This is Mr. Hauser,
Mr. Partell's attorney.

No more questions,
gentlemen.

Aw, you sure you don't want
to join us

for a few minutes
counselor?

Is my client
under arrest?

We'll let you know
after the lineup.

Do you recognize anyone,
Mr. Gibson?

Uh, can you ask Number Two
to come closer?

Number Two

please step forward.

He might've been

one of the guys I saw
at the bar.

I don't know.

I'm not sure.

Thanks, Mr. Gibson.

I'm sorry.

I take it Mr. Partell will be
released.

For now.

How about the waitress
in the bar?

She says she don't remember
seeing Partell.

But the other guy

Gibson mentioned--

were there any codefendants

on Partell's
old drug cases?

We can run the arrest numbers
off his rap sheet

and see what turns up.

Good.

Yeah, me and Taz
got arrested together.

I did my nine months.

You two
still hang out?

Not for about a year.

We don't get along too good.

Business dispute?

I'm out of that.

I got my 9:00-to-5:00 now.

So what's up with this?

You're too old
to be from Narcotics.

We're Homicide.

From the Bronx?

Manhattan.

Why'd you say the Bronx?

No reason.

Just popped in your head? Yeah.

Then you're coming
with us to explain

where you were
Thursday night.

I was working here.

You could ask my boss.

If you want
to save yourself

a ride downtown, Mr. Quintana,
I suggest you tell us

why you thought
we were Bronx Homicide.

Taz should've caught a body

a couple years ago,
except he skated.

There's no homicide arrest
on his rap sheet.

I got a break coming.

You want to buy me a coffee?

So me and Taz are in this spot

up in the Bronx, right?
The Grand Slam.

That's a dance club
up by Yankee Stadium, right?

Yeah.

So I'm in my truck smoking
a bone, right?

Taz comes out and tells me
to drive back to the club.

Then he goes under my seat
and grabs a .25

he had stashed there
before we went in.

So, I figured he's going
to show it to some girl, right?

I'm waiting
across the street...

and I see Taz step up
on the bouncer-- bam-bam.

Then his gun jams.

So he kicks him as he
goes down, you know

and I'm, like, bugging
out on this, right?

Then, Taz jumps back in my truck

and I don't want him
in my truck, right?

So I drop him off
in the subway.

Why are you
telling us this now?

A) Taz screwed me.

B) The cops picked up
the wrong guy behind this.

Somebody else
was arrested?

Two days later.

I read it in the paper.

Bouncer at the Grand Slam.

Sure, I remember it.

About two years ago.

You make a collar?

Yeah, a kid
named Tony Shaeffer.

He's upstate
doing 25-to-life.

We came across a
witness who says

that you guys picked
up the wrong guy.

Who's this witness?

Ah, he's a former associate
of our suspect.

They used to deal
drugs together.

He's got a sheet?

Yeah, and he's got a
grudge against the shooter.

Let's go right out
and pick him up, Bobby.

This witness
knew details

about the shooting--

The fact that
the gun jammed

after the second round...

that the shooter kicked
the victim as he fell.

Anybody who sat
through Shaeffer's trial

would know all
these details.

Bobby, get the jacket.

We had two I.D.s,
plus the kid

shot his mouth off
to his girlfriend.

We found
the murder weapon

on the tracks where
he got in the subway.

Were there any prints
on the gun?

Sounds to me like your guy's

looking to screw over
his old running buddy.

Shaeffer didn't
plead out?

He had priors.

An assault pled down

to a dis-con.

And he had an
alibi witness.

And if I recall,
the DA tore her apart.

What the matter, fellas?

You don't got enough
to do in Manhattan?

Shaeffer's alibi witness
is on our way downtown.

It's a closed case--
in the Bronx.

Yeah, we'll we don't
have anything

on Partell in Manhattan

so let's just go see
what shakes out, please.

Tony was right here
in this kitchen

when that man was shot.

I swear on my
husband's grave

but just because
I'm his mother

they wouldn't
believe me.

The jury's going to be skeptical

about an alibi
from a family member.

They made it seem
like I was lying

and that DA kept asking every
little thing to trip me up--

what I had for supper,
what program I was watching

when Tony came home
from the bar.

I was so nervous
up there.

You can't blame
yourself, Mrs. Shaeffer.

It's all just...
a horrible dream.

When Tony went away...

I took some pills.

They had to pump my stomach.

Mrs. Shaeffer, I don't want
to get your hopes up

but we talked to somebody

that says your
son is innocent.

Oh, please,
whoever this person is

you have to believe it.

I'm begging you.

Please.

What?
Are you following me?

We struck out on Partell's former
codefendants

but one of them turned
us on to a murder

that Partell may have committed in the
Bronx.

Only trouble is, there's another guy doing
time for it.

And you think
that's a mistake?

Well, it's possible.

Lennie?

Well, I've seen the crying
mother routine before

but, I don't know--
there's something about this.

Well, will this
help you close

the Angela Jarrell case?

Well, right now, Partell knows we don't
have squat.

So, if we keep digging
into this Bronx thing

we might get a
little leverage.

Well, keep digging.

I want to hear more than,
"It's possible."

I'm in the club with my two buddies.

This guy, Shaeffer,
gets kicked out by the bouncer.

Everybody hears him say

he's going to come back
and mess him up.

Then as we're leaving,
we hear a couple of shots.

We look back, and the bouncer's
dead on the sidewalk

and this Shaeffer
kicks him and runs.

A couple days later,
I picked him out of a lineup.

All three of you guys?

Pete didn't
come down.

Why not?

I guess
they didn't need him.

This detective came
to my house

and showed me six pictures
in a plastic holder.

A photo array.

Yeah, but the guy who shot
the bouncer wasn't in there.

This is Tony Shaeffer

the guy your two
friends identified.

Now, see,
this looks like the guy

who was kicked out of the club--

not the guy
with the gun.

And you remember
all that two years later?

All I know is, the guy he tossed
out of the club

wasn't the one who shot him.

Well, why didn't you tell this
to the Detective?

I did, but once I didn't
pick out the right picture

he didn't
seem interested.

He told me
he'd be in touch

and that's the last
I heard from him.

Did you tell
your friends

that you thought they
identified the wrong guy?

You know, it all
happened so fast

I guess they saw what theysaw.

Is it possible
your friends

had it in
for this guy?

They didn't even know him

but, uh, I remember Dave did
say something about a reward.

Here's how it works.

An anonymous informant calls
Crime Stoppers with a tip.

If the detective working the
case thinks it might pan out

we assign the informant
a code number.

If it leads to a
conviction, cha-ching.

What's the going rate?

$2,000.

Sometimes the families
want to pump it up

but we discourage it.

Too much incentive
for bad information.

Did you pay a tip
on People v. Anthony Shaeffer

Bronx County,
'99 indictment?

Nope.

So much for
the greedy-informant theory.

Let's take a look
at the tip sheets for the week

following the murder.

Well, here's one, four days
after the shooting.

That's two days after
Shaeffer was arrested.

Uh, the caller identifies the shooter at
the Grand Slam

as "Taz"-- white male

light hair,
30 to 35 years old.

And that's a notation
that a message was left

for a Detective Boyle

of the Five-Six
regarding the tip.

Did the informant
ever receive a code number?

Mmm, looks like the detective
never called back.

Well, what's this 7-1-8
number in the margin?

Some of our newer
phones have caller I.D.

Don't say where you got it.

We're not supposed
to write it down.

We appreciate
your coming down, Ms. Pistone.

I still can't figure out
how you got my name.

Well, we're
re-interviewing

everybody who was at the club
the night of the murder

and, uh, your name
just happened to come up.

Ms. Pistone, this
is Tony Shaeffer.

Have you seen
him before?

Not that I remember.

Do you recognize
any of these men

from the night
of the shooting?

Taz. He's the one who shot
Vincent, the bouncer.

Are you sure?

Yeah, I'm sure.

My girlfriend used
to work in that club.

Taz used to sell drugs there.

Look, my lawyer told you I got
nothing else to say, all right?

Good. You're
under arrest.

For what?

Murder.

Oh, you got nothing
on me with that bitch.

The correct response
would be, "Which murder?"

What are you talking about?

We're arresting you for the
murder of Vincent Jackson.

Careful with the
foot, will you?

Oh, don't worry.

We're not wearing high heels.

for the murder
of Vincent Jackson

in the Bronx in 1998.

That's a murder
from two years ago.

What about
Angela Jarrell?

Partell did it, but we can't
put him at the scene.

Do we have a motive?

Well, she was
selling Ecstasy.

He's got a conviction
for dealing.

We're guessing there was

some business relationship
between them that went sour.

I take it there's
no forensics evidence.

Well, our case against him
on the Bronx murder

is a lot better.

Looks like those guys up there
steamrolled the wrong guy.

That's a serious allegation.

Look, the last thing
I want to do

is sling mud
at my own people.

Are you sure
you don't want

to handle
this internally?

You folks
have to decide

what to do about Partell.

Thanks.

Hey, Abbie, you know
I wouldn't lay this on you

if we weren't pretty sure
about the Bronx.

Well, assuming
you're right

we've got
two major problems.

A jury's convicted
another defendant

and we don't have jurisdiction.

Our cops are convinced
there was a screw-up.

Has anybody talked to the Bronx?

Yeah. The detective
assigned to the case

has washed
his hands of it.

And what does this
have to do with

the case
we can prosecute?

Well, if we can't nail
Partell on one murder

we'll nail him
with another one.

Since when do we second-guess
another D.A.'s office?

Jack, the evidence
is pretty solid.

And I found a way around
the jurisdictional problem.

Do you remember
our office prosecuted

that ticket scalping ring
at Yankee Stadium?

Because there's
a 500-yard exception

for an adjoining county.

Well, the club where
Partell shot Jackson

falls within the exception.

This could blow up
in our faces.

Before we get into a turf war with the
Bronx

be damn sure they convicted the wrong man.

You know what a defense lawyer's worst
nightmare is?

An innocent client?

A mother as
an alibi witness.

No, thanks.

So, you did think
Tony Shaeffer was innocent?

From the day I was

assigned to the case.

So why'd you put
him on the stand?

I didn't have
much of a choice.

Tony had words with
the victim that night.

Then he told his girlfriend
he did it to impress her.

I had to put him
on the stand

to explain away the hole
he dug for himself.

Did you ever consider a plea?

Did you ever see an innocent man
take Manslaughter?

Neither have I.

So, uh, what's going on here?

We found two witnesses
who I.D.'d

a local drug dealer
as the shooter.

I had a feeling we got hosed.

Well, it's hardly enough to challenge a
jury verdict.

I still have the mother.

And there's Peter Verona.

Who?

He was at the bar.

He told the police that Shaeffer
wasn't the shooter

and he also couldn't

I.D. Shaeffer
in the photo array.

Nobody told me about it.

What kind of problems

were you referring to,
Ms. Carmichael?

Well, there was a witness
Detective Boyle interviewed

that said Shaeffer
didn't do it.

All that happened was

he didn't pick him
out of the six-pack.

I had two guys who did.

It wasn't in any
of your reports.

I told the ADA who prepped me.

Did you tell him about the anonymous tip
you got?

What tip?

There was a message left
for you from Crime Stoppers

two days after
you arrested Shaeffer.

Well, I never got it.

You never got it

or you ignored it?

Now just a minute,
Ms. Carmichael.

I have to take
exception to you

coming up here
and making insinuations

about the way my people
do their jobs.

Look, Lieutenant,
I'm just trying

to give you
a heads-up here.

There are three witnesses
who have raised

doubts about
this arrest.

Two years later.

As far as we're concerned,
the case is closed.

Well, I'm sure the man who
killed Vincent Jackson must be

very pleased
about that.

Correct me if I'm wrong,
Ms. Carmichael--

didn't the guy we put away
confess to his girlfriend?

Look, I think it's too bad
what happened to Tony

but he should never
have shot that guy.

Well, maybe if you could
just take me through it.

Do I really have to?

Because I'm trying
to put all that behind me.

Please, Ms. Mankowitz.

Oh, all right.

That night, I went
to a club with Tony.

We were there,
like, 20 minutes

when this guy gets
all up in Tony's face

and he starts screaming
and cursing.

Then a bouncer came over

grabbed Tony
and threw him out.

And you stayed
in the club?

No. I went somewhere else.

I wasn't going to let that
ruin my evening.

So, when did Tony tell you
about what happened?

The next day.

He came over,
we were watching the news

and the story comes on
about the bouncer at the club

and I'm like, "Oh, my God."

And Tony goes, "Well, that's
what he gets for dissin' me"

and he makes two popping sounds,
like he's got a gun.

No. And you went to the police?

Do I look like I'd rat him out?

I told my sister.

She went to the police

and then they came to me
for a statement.

And you had no problem giving him up?

I was breaking up
with him anyway.

Tony wasn't
really my type.

What do you mean?

Tony was a nice guy

and everything, but...

he was kind of a wimp.

Did it ever occur to you

that he might have been
bragging about

something he didn't do
in order to impress you?

What kind of idiot would
do something like that?

My mother tells me the police
are reopening the case.

It's not that simple,
Mr. Shaeffer.

A jury's already convicted you.

The hardest thing
to accept

is the fact you have confessed.

I was just trying
to get Valerie to like me.

It was the stupidest thing
I ever did.

It sure was.

Up where they got me now

everybody's got a story about

how they were framed
or something.

But I did not kill that man,
Mr. McCoy.

How did the dispute get started
in the first place?

This other guy was trying
to sell me some coke.

I tell him to take a walk

and then we started
yelling at each other.

What did this man look like?

Like me.

Same height, same weight,
blond hair.

After the bouncer
took me outside, I said

"Hey, how come you're
not throwing out

that drug dealer
I had a fight with?"

What did he say?

He said, don't worry,
he'd take care of him, too.

There's Partell's motive.

Before we take this any further

we'll need you
to take a polygraph.

I'll take ten polygraphs
if I have to.

I'll take ten polygraphs
if I have to.

I'm sorry-- the fact
that Mr. Shaeffer

passed your polygraph exam
is not very compelling.

Especially since he had
two years to practice up.

Three witnesses dispute
the version of events

put forward
at the trial.

Now, that may be true.

But Mr. Einstadt
tried this case.

He assures me that the credibility of
these people is suspect.

Have you seen
Partell's record?

Mm-hmm.

I'm still not convinced.

Are you going
to ignore

the exculpatory evidence?

That's not nearly enough
to outweigh the verdict.

Both men fit
the same general description.

Will you at least

interview
the witnesses?

We're not going to undermine

a legitimate conviction because

a few doubts
have surfaced.

How many people does
Mr. Partell have to kill

before you'll look into it?

You don't have to get sarcastic,
Mr. McCoy.

I'm asking you to investigate

the possibility
that a mistake was made.

The jury has spoken.

The system needs finality.

The system needs credibility.

I'm sorry, Mr. Robertson.

I don't understand
your position.

The fancy credentials you have
on your wall downtown

don't give you the right
to come up here

and question my judgment.

If you won't do something,
Mr. Robertson

we will-- we'll be indicting

Francis Partell for committing
a murder in your jurisdiction.

Indictment number 4520.

People v. Francis Partell.

Charge is Murder
in the Second Degree.

How does he plead,
Mr. Hauser?

This doesn't even merit
a plea, Your Honor.

I'll take that
as a Not Guilty.

The murder my client
is charged with

occurred in the Bronx.

The murder occurred
488 yards

from the Bronx River.

And according to CPL
20-40, 4

both counties
have jurisdiction.

But someone's already
been convicted

and sentenced for this
crime in the Bronx.

What's going on,
Ms. Carmichael?

The People have
exculpatory evidence

as to the Bronx defendant

which strongly incriminates
Mr. Partell.

So, let me get this straight.

The State of New York
has two men in jail

for a crime that only
one of them committed?

It's straight out
of Kafka, Judge.

Doesn't res judicata
bar you from

proceeding against
a second defendant?

Well, Your Honor

Mr. Partell wasn't a party
to the Bronx case

so he can't use it to shield
himself from prosecution.

It's the same
with double jeopardy.

It's a vendetta.

They can't pin
a Manhattan murder on him

and this is
the best they've got.

Here's what
I'm going to do.

I'm reserving
my ruling on bail

till after an evidentiary hearing.

But if your case looks shaky,
Ms. Carmichael

I'm going to dismiss it.

The Bronx D.A. just called me.

He's furious
with you two.

Well, he might want
to direct his anger

at the cops up there

who screwed up
the initial investigation.

Is there misconduct involved? Nothing
willful.

Inertia, maybe.

Water running
to the lowest level.

Well, why are they
so reluctant to address this?

Beats the hell
out of me.

You know,
you can't do this job

and second-guess yourself.

You'd never get any sleep.

When I make
a mistake

I lose sleep.

What lets Robertson
off the hook?

I'm sure
it's not easy

living in Manhattan's shadow
all the time.

He's probably not very happy
that it's us

dropping this
on his doorstep.

I have to work with this man,
you know.

He's not working
with us, Nora.

He forced our hand.

Partell's a drug dealer

who kills people
for nickels and dimes.

We're convinced
he got away with murder.

I'll breathe a little easier
when you convince Judge Taylor.

After we left the club

my friends and I were
walking to our car.

Then we heard shots.

We saw the bouncer from the club
on the sidewalk

and a man with a gun
running across the street.

Was the man with the gun

the same man you
testified you saw

being thrown out of the
club earlier that night?

No, he was not.

Thank you.

Isn't it a fact that
the two friends you were with

identified someone else
as the shooter?

Yes.

But I think they were wrong.

How much did you have to drink
that night, Mr. Verona?

Well, I don't remember exactly.

But you were
intoxicated?

Somewhat intoxicated, yeah.

Can you say
with absolute certainty

that my client
shot Mr. Jackson?

No, I can't.

I was outside the club
smoking a cigarette.

I saw Taz come up to Vincent
and start shooting.

What else did you observe?

After he shot him twice

he, uh, kept trying
to shoot more

but it looked like he ran out
of bullets, or something.

So, he started kicking Vincent on the
ground.

What happened next?

After he kicked him a few times

he ran down the street
and got into an SUV.

Were you in the club
when the police responded

after the shooting,
Miss Pistone?

Yes.

Did you tell them that the man
you knew as "Taz"

was the one who
shot the bouncer?

I didn't want to get involved.

And for the
next four days

you didn't contact the police?

I was kind of scared at first
because he's a drug dealer.

But I-I... felt guilty about it,
so I called Crime Stoppers.

Let's see-- you didn't go
to the local precinct

you didn't leave your name

so the police could use you as a witness

but you did call

to collect the reward
that was offered?

That's not why.

Nothing further.

Why did it take you two years

to come forward with this
information, Mr. Quintana?

Taz used to be
a friend of mine.

I didn't want to jam him up.

Did that change?

We had a little
disagreement

about some drugs
we bought.

Is that why you're
accusing him now?

I'm accusing him
because it's true.

You have a
felony conviction

for selling drugs,
Mr. Quintana?

Yeah.

And I'm sure you've made
hundreds of sales

for which you
weren't arrested?

I got a regular
job now.

At the time you allegedly
saw this happen

you had just smoked
marijuana?

Yeah.

I'm sure you had a few drinks on top of
that?

Right.

Was there a deejay at Grand Slam

the night you say you were there

with my client?

It was bands that night.

Which ones?

I don't remember.

Can you remember any
of the songs they played?

How am I supposed
to remember that, huh?

I go out dancing
almost every weekend.

Maybe you were just
too high to remember.

This is nothing more than
payback for you, isn't it?

If I wanted to snitch on Taz

I would've done it
on my own a long time ago.

Cops came to me.

I just told them what I saw.

It's certainly not

the most compelling case
I've ever heard

but I find the evidence adduced
at this hearing to be sufficient

as a matter of law
to sustain the indictment.

Mr. Partell
is remanded.

You're going to lock up

a second man for this one crime,
Judge?

Do you have any precedent
that says I can't, Mr. Hauser?

That's what I thought.

And let me tell you something,
Mr. McCoy.

I want your boss
and the Bronx DA

in my chambers tomorrow
at 9:30 sharp.

You know, Jack

I found your case
to be legally sufficient

but if you think
those witnesses

are going to convince a jury

you've been doing this
for too long.

Whether they do or not, we have an
obligation to prosecute the case.

You also have an obligation
not to make a mockery

of the criminal justice system.

In my opinion, there's only one
party who's doing that.

Mr. Robertson refused

to look at
polygraph results

or re-interview
witnesses.

Where do you get off
telling me how to run my office?

I didn't come up here to be lectured at by
an assistant.

Then talk to me, John.

Mr. Shaeffer received
a fair trial.

He was convicted
by a jury

in two hours.

Based on incomplete evidence.

We're not here just
to amass convictions.

With all due respect, John

she's got a point.

I mean, what's the harm

in taking one out
of the win column?

The harm is letting Ms. Lewin
thumb her nose

at a legitimate verdict rendered
by the people of my county.

So, how do we get past
this territorial pissing match?

This isn't about territory,
Harrison.

One of you is going to walk away

from this with egg on your face.

You know, right now

I could care less
about my approval rating.

Let's all keep our eye
on the ball here.

There's an innocent man
who's serving a life sentence.

You haven't produced a
scintilla of proof that the Bronx trial

was tainted by perjury
or jury misconduct

or any illegality
that the law recognizes.

Now, if Ms. Lewin thinks she can
convict her defendant

in the face
of a contrary verdict

let her go right on ahead.

Can we get him
to plead guilty?

You can get anything
for the right price.

Make him an offer.

We started this war between
the boroughs to get the guy.

The whole point of the exercise was to
make him pay

for murder.

The whole point
of the exercise

is Tony Shaeffer.

He's doing
another man's time, Jack.

If we get Partell to admit
he killed the bouncer

Robertson will have
to come around.

Two murders, Nora--
and we let him off easy.

I said
make a deal.

I didn't say pony up
the courthouse.

We're here to offer you
a deal, Mr. Partell.

Why would I want
to make a deal

if he says
I can't lose?

Is he going to do
the time for you?

You barely won
the hearing.

Wait till I put on the witnesses who
testified in the Bronx.

I think I can
convince a jury

that was a miscarriage of justice.

Please.

These people are not
unsophisticated, Mr. Hauser.

They watch the news.

They've seen convictions
dropping like flies

all over the country.

My boss needs
his guilty plea

to free an innocent man.

That puts him in a very
advantageous position.

How advantageous?

Man One.

Six to 12?

I was thinking
along the lines

of ten to 20.

You want a plea
or not, Mr. McCoy?

Personally, I'd rather
he go to trial.

That way we can max him out

when he's convicted.

Six to 12...

and then you throw in
the Manhattan case for nothing.

Six to 12 concurrent
for two murders?

Look, I cop to this

I don't want you coming back
on me with that.

Not a chance, Mr. Partell.

Seven-and-a-half

to 15 or you get
your wish, Mr. McCoy.

You have a deal.

Now tell us about
Angela Jarrell.

There's nothing to tell.

I hired her to deal drugs for me
and she didn't do it.

Instead, she's in
a bar with some guy.

Was anybody with you?

Just some guy
that I was talking to

while I waited
for her to leave.

I followed her out

to get the money
that she owed me

and, uh, she only had
about 70 bucks.

So you strangled her?

Maybe I would've
just scared her

had she not broken my foot.

Either way,
she just wasn't working out.

Hi.

Francis Partell pled guilty
this morning.

He gave a detailed
admission

about the Vincent Jackson
killing.

I hope you're happy.

I'll be very happy

when you dismiss
against Tony Shaeffer.

It says here that Partell pled guilty

to the other murder.

How much time did he get?

Seven-and-a-half to 15.

Concurrent?

I'm not thrilled
about it either.

How can I treat this
as a serious admission?

He said what he had to say
to get his seven-and-a-half.

You're not going to continue
to incarcerate an innocent man.

I didn't convict that man.

A jury did.

Now we know they made a mistake.

We don't
know anything.

We weren't there.

As far as I'm concerned

this does nothing
to impugn

the jury verdict.

Robertson won't budge.

So, that's the end
of the line for us.

And Tony Shaeffer stays in jail.

He can hire an attorney--

petition for a writ
of habeas corpus.

With what?

His mother's
public assistance?

He can file pro se,
like every other prisoner...

or I can do his writ.

What about the precedent
it sets?

I can file it
as a private citizen

if you think that would
be more prudent.

I think the public would be
hard-pressed

to see the distinction.

I think the only distinction
people see

is between right and wrong.

Make sure my name is
on your brief.

One man shot and killed
Vincent Jackson in 1999.

Two men have been
convicted of that crime.

This is a situation
that can't be tolerated

under
the Constitution.

But Mr. McCoy,
how can we pick and choose

between two legally
rendered convictions?

Only one of those defendants
is asserting

his claim of innocence.

What about those 12 people

up in the Bronx?

Isn't one of the hallmarks
of our jurisprudence

the sanctity
of a jury's verdict?

Sanctity should not be confused
with infallibility.

The case books are legion
with instances

where juries reached
erroneous conclusions.

If Mr. Shaeffer were to be
retried in the Bronx today

with all the evidence now
available for consideration

I submit he could not be found
guilty beyond a reasonable doubt

as a matter of law.

His writ should be granted.

Good afternoon, Your Honors.

Justice Scalia writes
in Hererra v. Collins

that there is no
constitutional protection

for prisoners whose sole claim
of error is actual innocence.

That is precisely the case here.

The petitioner has alleged no legal error
in his conviction.

So, Mr. Robertson, if in fact
the petitioner is innocent

what relief does he have?

Let me say first
that I don't believe that.

But according
to the Supreme Court

if all he's saying is
a jury made a mistake

he can ask the Governor
for a pardon.

That is his fail-safe
in this kind of situation.

So, you're saying
that this court lacks the power

to void Mr. Shaeffer's
conviction?

If this court chooses to follow
Herrera v. Collins

which is the law
in the federal courts

it should not entertain
the petition.

Not every problem was meant to be solved
by the judiciary.

The court
should exercise restraint

and respect the jury verdict.

Any rebuttal, Mr. McCoy?

Tony Shaeffer should not
have to argue his cause

to an elected official whose
political allegiances

and ambitions might
color his judgment.

That is why
the Founding Fathers

saw fit to establish
an independent judiciary.

And judicial restraint does
not mean judicial cowardice.

This is a copy of Mr. Shaeffer's daily
schedule

in the general population

at the Clinton
Correctional Facility:

"6:00 a.m., mandatory wake-up

"6:30, inmate count,
6:45, mandatory meal

"7:15, mandatory

"vocational training

"11:00, inmate count

11:15, mandatory meal..."

What's your point, Mr. McCoy?

He's had this same day now

for the last two years.

Guilty of nothing more
than stupidity

he'll have this same day
for the next five years.

Ten years.

This same day for
the next 23 years

at least, unless this
court has the courage

to admit the system failed.

It is the opinion of this court
with one dissent

that a writ of habeas corpus

for Anthony Shaeffer
is hereby granted.

He is hereby released
from custody

and his conviction for
murder in the second degree

is dismissed

in the interest
of justice.

I heard it was all smiles
in the Shaeffer family.

I have to admit,
it was nice

to get somebody out
of jail for a change.

Well, I hope that's out of your
system.

And I hope I don't catch a case
near the Bronx.

That's, uh,
Angela Jarrell's father.

He heard an arrest
had been made

and drove in
from Minnesota.

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