All language subtitles for Law.and.Order.S06E12.Trophy.1080p.AMZN.WEB-DL.DDP2.0.H.264-playWEB_track3_[eng]

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.

Final out,
'69 World Series.
Who made the catch?

Tommie Agee.
Yeah, right.
What'd he do?

Take a subway over
from center field?

Maybe he ran.

Then he would've ran
into Cleon Jones,
who made the catch.

Cleon?
Yeah. I saw it.

My dad loved the Mets.
He took me
to all the games.

Okay, Einstein,
who on the Orioles
hit that ball?

Davey Johnson.
You think I didn't
know that?

I guess not.
You're the man
who knows it all.

Hey, Garrity!
What?

Look.

Oh, man.

Check it out.

What do we got?

A kid, he's dead 12,
14 hours. I'd say
1800 hours yesterday.

A nice out-of-the-way
place to kill somebody.

You mean
dump somebody.

His sneakers are clean
and there's no blood
on the ground.

You could've
carried this kid
any place.

Look at the size
of that crack.

Yeah,
it's a blunt object
to the head.

There's no other obvious
marks or bruises on him.

He can't be older
than 12, maybe 13.

Yeah, that's about right.
Algebra 1,
Lord of the Flies.

Let's see,
"Derrick Walters.

"In case of accident
or emergency contact
Estelle Walters." Great.

Here.

You done with this side?
Yes, sir. I am.

All right.
Let's roll him.

Three dollars.

Here's a pin
for blowing up balls.

Nobody on my block
ever had one
when we needed it.

"They must be destroyed."

Let me see that.

Damn!

What is that?
The school fight song?

Andrew Dillard.

What, the psycho?
The one who killed
four black kids?

Five. And every one of them
had this note in his pocket.

Lennie,
he's in prison.

Yeah, but somebody got
a hold of his playbook.

The warden at Sing Sing
did a headcount personally.

Andrew Dillard's present
and accounted for.

A copy cat, five years later?
Where's he been?

At home, watching
the Justice Network?

They just did a special
on serial killers.

Educational TV.

But Dillard
was a psycho racist.

Is that what's
driving this guy?

There's no sign
of sexual molestation.

Well, that doesn't mean
the killer didn't try.

There's no sign
of a struggle either.

Except
a fractured skull.

Take a walk in the
dead boy's high-tops.

He still had
his school books
with him.

He left school
a little after 3:00 and
never made it home.

That's a lot
of ground to cover.

The boy's mother's here.
She just made the ID.

Thanks, Gia.

I'll take it.

I went to the police station
last night,

and I took Derrick's picture
so they could go look for him.

What time was that,
Mrs. Walters?

8:15.

I got home at 7:00.

Derrick's always there
waiting for me.

The sergeant
wouldn't do anything.

He said that Derrick
was probably out
with some friends.

I called his friends
before I even went
to the police station.

Boys, they're not
always good at
getting home on time.

We go to the market
for our dinner groceries
every night.

It's our time together.

What does Derrick
usually do
when school lets out?

Basketball.

He's on the team
at Saint Justin's Church.

It's right across
the street from our house.

And then he comes right home.

Can this wait?
I got to close to a jury
in six minutes.

You prosecuted
Andrew Dillard, right?
Right.

We found a boy dead
this morning with
a note in his pocket.

Black?
"They must be destroyed."

It's not Dillard.
He's serving five
consecutive life sentences.

He's copying Dillard.
Can you tell us
what we're looking for?

Dillard had a rage
against young black males.

He was mugged. The police
caught the mugger,
but he was acquitted.

So he thought the scales
of justice needed
a little adjustment?

It wasn't logical.
He killed good kids,
bad kids, whoever he met.

How'd he meet them?

Drove a delivery truck
for a bakery.

He'd see kids outside
grocery stores,
hand out freebies.

Candy from a stranger.

He was in here
every night with his mom.

He was a nice kid.

I was teaching him Spanish,
one word a day.

Did he stop in
for a lesson yesterday?

Yeah. "Peligroso."
He could pronounce it, too.

Do you remember
what time that was, Rhonda?

That was about 4:30,
just after my break.

Did you see Derrick talking
to anybody on his way
over to the register,

or on his way out?

No, just our security guard.

Is that him?

No, it was one
of the other guys.

The company rotates me around,
you know, stores,
bank machines,

sometimes block patrol
for a neighborhood
association.

And, yesterday,
the Gotham market?

Yes.

I feel terrible about
that boy. I had to
chase him out of there.

You chased him out?

Well, told him
to move along.

He was looking at those
girlie magazines.

You know what's
in some of those?

You give him the standard
"You'll go blind" speech, too?

Store policy,
you got to be 21.

Did you see him talk
to anybody after
he talked to you?

He just walked away, alone.

You saw him leave?
Which way did he go?

Out the door and...

It must have been right.

North.

Well, he couldn't look
at those nudies when
his mother was with him.

This guy has Derrick
heading north,
away from his apartment.

He still had two hours
before mom showed up.

Maybe he was going
to go visit a friend.

His mother called
his friends.

Hey, did your mother
always know
all of your friends?

Derrick and me,
we wasn't really
in it together.

Well, your coach says
you hung out together.

Only here.

It sucks that he got killed,
he was our best forward.

Carlos, you live a couple
of blocks uptown from here.

That's the way
Derrick was heading
before he got killed.

I didn't do it.
I didn't even see him.

Hey, nobody said
you did anything wrong.

We just want to know
where he was going.

I don't know,

unless maybe to see Ernie.
He lives near me.

There's no Ernie
on the team.

Ernie's a scout
for high schools.

He comes to
some of our games.

Derrick said he was going
to get him a scholarship.

A kid you were scouting,
Mr. Bigelow. Derrick Walters.

Great hook shot
and a great kid.

If he did anything,
I'm sure it's a mistake.

I'll vouch for him
down the line.

Yeah, well, when did
you see him last?

Monday afternoon.
I was packing
on my way to Rochester.

My sister had a baby girl.
I'm an uncle.

Congratulations.

So you say you were packing
at your apartment?

Yeah, what's this about?

Derrick was killed
on Monday afternoon.

Oh, man!

What happened?

Well, that's what
we're trying to find out.
What time was Derrick there?

About 5:00. He just sort
of popped in to
watch highlight reels.

Northern Prep,
that's the school
I was scouting him for.

Was that normal for Derrick
to just sort of pop in
on you like that?

Once in a while.
He liked to talk basketball.
I had to throw him out.

I was catching the train.
What time was that?

About 5:30.

He walked me to the subway
and then he said
he was going home.

The athletic director
at Northern Prep says

that Ernie Bigelow
isn't even on the payroll.

Not a bad scam,
pretending to be a scout.

He freelances.

If he finds a kid the school
likes, they toss him
a couple of bucks.

From that,
he makes a living?

Well, he used to be
a high school coach
full-time.

I just got off the phone
with his former employer.

You find out why
he's not there anymore?

Yeah, "I don't know."
"I don't remember." And,
"I can't talk about it."

Sounds like maybe boys
and locker rooms.

Derrick Walters
wasn't abused.

Not the day
he was killed.

Well, what about
the note?

Would get us looking
for a white man.

I don't know
how else to say it.

I didn't kill Derrick.

You want me to try it
hanging from the chandelier?

Trust me, if you killed
this kid, you're going
to hang, all right.

You already told us,
you were the last person
to see him alive.

Except for the guy
who killed him.

You told us
you kicked him out
of your place at 5:30

so you could catch
a train to Rochester?

Right.

Right. Well, we may be dumb
cops, Ernie, but we know
how to read a timetable.

That train didn't
leave till 8:00.

I stopped and had dinner
first, the food on
the train is terrible.

I don't remember you
telling us anything about
dinner. You, Lennie?

I don't remember you
asking my full life story.

You asked when
I last saw Derrick.

Look, why am I supposed
to have done this?

I make my living
recruiting kids like
Derrick, not killing them.

Well, we'll get
to that, Ernie.

See, the people at
your old school
are being very discreet,

but we're going
to get the story.

That has nothing
to do with this.

You like little boys.

That's ridiculous.
We'll see about that.

Look, what happened
at my old school
was about gambling.

That's why I had to leave.

And you can prove that?

Look, to clear myself of this
I have to give you the name
of a guy who'll break my legs.

So you can't prove it?

Save my seat.

So, what do you think?

Harbor Unit just
found another kid.

We found him
just offshore.

How long ago?

Not very, he's fresh.

Do me a favor,
shine your light
over here, all right?

Hey, he's got marks
on his neck.

Strangled.

That doesn't rule out
our guy though.

Dillard strangled,
stabbed and bludgeoned.

Bus pass.

Sean Monroe.
Twelve, going on nothing.

Hey, Lennie.

"They must be destroyed."

Yeah, yeah, we got the
message the first time.

He...

He was my baby.

His sister, she's off
on her own now.

But Sean...

I did the Scouts
with him.

I took him to church.

Sundays and Saturdays.

He'd run off
on his momma.

Boy thought
he knew better.

Just high spirits.

We should have
locked him up.

Keep him out
of those movies.

Keep him off the streets.

You know
how hard it is to get
a boy to study geometry

when some idiot friend
of his has a gun?

Had Sean been in trouble?

This close.

I took a second job last
year so we could put him
in private school,

the Cheever Academy.

Yeah. I've heard of it,
good sports teams,
did Sean play?

It was required.
Sean played basketball.

Did he ever say anything
about being scouted by
a guy named Ernie Bigelow?

Nobody'd be
scouting Sean.

He sat on the bench.

Do you have any idea
where Sean might have gone
after school yesterday?

Anywhere.

When can I...

Sean wore a crucifix that
he got on his first communion.

When can I get that?

Same age, same color,
approximately
same time of day.

Sean Monroe was
a troublemaker,
Derrick Walters an angel.

Yeah, for a 12-year-old.

I don't know, there might
be something in the
basketball connection.

No, I talked to the principal
at Ernie Bigelow's old school.

He was fired
for gambling.

Plus, he was in Rochester
the same day
Sean Monroe was killed.

I just confirmed it
with his sister and
two of her neighbors.

Which leaves us...

Same age, same color.

I also talked to the M.E.
about Sean's crucifix.
He wasn't wearing it.

Well, it might have broken
off if he was strangled
with the chain.

There were finger
marks on his neck.

Serial killers
sometimes take trophies.

Well, there could be
a religious angle.

Derrick played on
a church basketball team,
now the missing cross.

So we look for vampires
and members of the clergy?

Oh, now that's good thinking.
Get out of here, jeez!

Unfortunately,
Sean didn't have
a lot of friends here.

Well, it looks like
maybe he didn't
quite fit in, huh?

He didn't.
But it wasn't race.
Class counts for more.

You explain that
to Sean's parents before
you took their money?

They sent him here
to keep him away
from bad influences.

We did everything we could
to provide that environment.

We'll need to talk to your
bus driver. Want to
find out where Sean got off.

He wasn't on the bus.
Since this morning,
I've talked to his teachers.

Sean cut his
afternoon classes.

Alone?

We'll take that as a no.
Who else played hooky?

Vanessa Carey.

So Sean had
at least one friend?

What the boys didn't like,
a girl found interesting?

It was nothing.
These are children.

Well, the principal
must have been wrong.
Vanessa doesn't cut classes.

Is that right, Vanessa?

Well, usually.
Vanessa.

Where did you
and Sean go yesterday?

Who's Sean?

A classmate of your daughters.
He was murdered last night.

Murdered?
Well, what's this got to do
with Vanessa?

Mrs. Carey.
If you could just...

Just nothing.
I have a right to know
what's going on.

Then why don't
you let us find out, okay?

Vanessa?

We cut class, Sean and me.

We were going
to see a movie.

Then what happened?

We got to Broadway,

Sean met up with a couple of
friends from his old school.
Felix and Damien.

I don't like them.
They do all kinds of stuff.

You knew them, too?

What kind of stuff
do they do, Vanessa?

I don't know.
They talk about
stealing.

Sean said we could
all hang together.

I said he could go with them
or he could go with me.

And he went with them?

I went to the Museum
of Natural History.

Well, both of your parents
are on their way down,
and you know what?

They weren't too thrilled
to be hearing
from the police.

Look, I don't know
what you think you got.

You're wasting your time.

Well, what do you
want us to tell them?

That you're helping us out
or that you're under arrest?

You can't even talk to us
without them anyway,

or without a lawyer.

Well, Damien,
that's if you're a suspect.

You're here as witnesses.
Witnesses to what?

When's the last time
you saw Sean Monroe?

Long time before
he got killed.

Look, why aren't
you out trying to
solve who did it?

Good idea, why don't
you help us out

by telling us what
you were doing with him
yesterday afternoon?

We wasn't doing nothing.

Really?

And where wasn't
you doing it?

Around.

You know what, Rey? I think
these punks are going to
need lawyers after all.

I'm sure your parents
won't mind paying for them.

We were at Broadway and 96th,
where the stores are at.

Felix!
What's it matter?

They don't care
about the small stuff.

What were you doing?

Picking up things.

From the stores?

No, off coconut trees.

Let's try it without
the cracks, all right?

Now, was Sean
picking up things, too?

Till he got caught.

Where was that,
what store?

I don't know.
We split up.

I came out of Goody's
and saw this cop
had him by the neck.

And I just broke out.

They call it
community-based policing.

I call it walking in circles
with 20 pounds on my waist.

I guess I'm lucky.
All I have to carry
around is junior here.

Ever seen this kid?

Yeah. Wise guy.
What did he do?

Got killed.

I thought he was
a little young for that.

Him and his buddies
are still stealing
water guns.

You see him stealing
anything yesterday afternoon,
a little after 2:00?

A little after 2:00, I was
resolving a parking-space
dispute on Riverside.

Well, his friends say they
saw him getting nabbed
by a cop on this block.

It wasn't me.

And if it was a uniform,
it wasn't anybody else.

'Cause I am the
community-based policeman.

You still have
radio cars around.

Those guys don't stop here
unless they hear gunfire,
or to make fun of me.

Well, thanks.
Okay.

I don't think Sean's friends
were making this up.

Well, from right here,
Lennie, I can see
three security guards.

Maybe it was one of them.

I don't know,
these kids know
the difference

between a rent-a-cop
and the real thing.

From a hundred yards,
running scared, with
six hot CDs in their pants?

So where do you
want to start?

Derrick Walters was chased
out of a store by
a security guard, right?

That guy who
rotates around town.

I don't have to go with you
if I am not under arrest.

Well, there's
no problem, Simon.

You can help us out
right here.

Help you how?
This is Sean Monroe.

Did you see him
yesterday?

Your dispatcher
said you were working
near Broadway.

I don't know that boy.

Well, there's a little
coincidence that's kind of
bothering us, Simon.

See, two days ago,
Derrick Walters had a run-in
with you at the Gotham market,

and a couple hours later
he was dead.

Now, yesterday, this boy
had a run-in with
a security guard on Broadway,

and he turned up dead.

You're not being logical.

I'm not?
Why is that, Simon?

There's a lot of security
guards on Broadway.
I see them all the time.

Yeah, but only one of them
was with that first boy
before he was killed.

You see what I mean?
It's circular reasoning.

Hey, I see you keep
a Bible here, Simon.

Well, I like to read it.

What? No TV?

There's nothing
worth watching.

See, I don't think
it's circular reasoning.

I mean, you can see
why we're suspicious,
can't you?

Just give me
an alternate explanation.

How do I even know
you're telling me the truth?

I'll tell you what, Simon.

You swear on the Bible
you never
touched those boys

and we'll walk
right out of here.

The Bible is not
for playing games.

This is no game.
This is serious.

This is a crime.
But I didn't do it.

And I'll believe you.
Just swear to God.
Put your hand right there.

Go ahead, swear to God.

Go ahead, put your hand
down on that
and swear to God.

You don't know
what you're asking.

You got a problem
with that, Simon?

They were sinners.

Derrick Walters
and Sean Monroe?

Both of them.

Well, there are a lot
of sinners in town, Simon,
why'd you pick these two?

You wouldn't understand.

Help us.

I'm telling you what I did,
isn't that
all you care about?

That's not the way
it works.

This one

looked at filthy magazines.

A lot of people looked
at that rack, didn't they?

He was wearing an image
of Saint Justin.

It wasn't just lust.
It was sacrilege.

What image?

On his head.

A hat from
his basketball team.

Justin was a martyr
to our Lord.

And the other boy,
he was wearing a cross.

Mmm-hmm.

And he stole,

defiling our Lord.

He had to be destroyed.

The same notes
Andrew Dillard left.

Did you get the idea
from reading about him?

It wasn't an idea.

God put them in my path.

But you wrote
those notes, why?

So people
would understand.

You thought Dillard
hadn't made the point?

He had nothing
to do with it.

Not with Derrick and Sean.

Not with any of it.

I killed those boys.

I killed all those boys.

You just gave
Dillard the credit.

I guess you
checked this out?

Brooks knows places,
times of death, methods,
and he kept souvenirs,

religious medals or crosses,
off of every one of the kids

that Dillard was
blamed for killing.

And the parents
ID'd them.

But after Dillard went
to prison, the killings
stopped for five years.

Well, when Dillard got
arrested, Brooks told
his mother what he'd done.

Now, she didn't give him up,
but she put him
on phenothiazine,

some kind of sanity juice.

It and she kept him in check,
but she died two months ago,

and he started missing
his appointments at Bellevue.

Hey, the system's not perfect.
It's one in a million.

My one.

Everybody's calling,
from The Times
to The Enquirer.

What do I say about
Andrew Dillard?

Oops.

Tell them your staff
is so good, they can even
convict an innocent man.

How did this happen?
You and Diana Hawthorne,
two of my best people.

Had a very strong case.

Dillard was a racist
and a nut.

Fibers on the victims
were the same type as
his delivery man's uniform.

His handwriting matched
the notes on the victims.

He was seen arguing with
one of the victims the
same day he was murdered.

And no one saw him
murder anybody.

Most killers aren't
thoughtful enough
to provide witnesses.

Yes. Right.

We do circumstantial cases
all the time.

I hope Mr. Dillard
is understanding.

Meanwhile,
I moved him downstate,
pending release.

He wants to meet.

If we're lucky,
he may just ask
for a pound of your flesh.

Five years of my life.

You know what I learned?

How to make a shiv
out of a toothbrush.

I am sorry, Mr. Dillard.

I spent most of my time
in a cell about
the size of this table,

to protect me
from the brothers.

You said
I killed black boys.

That's the way
the evidence pointed.

My ass.

Go on. Tell him.

What he did.

My client is referring
to our claim

that you intentionally
engaged in a malicious
and wrongful prosecution.

Intentionally?
I don't like what happened,
but my conscience is clear.

What about your memory?

This statement was taken
by a detective, two months
before Mr. Dillard's trial.

It was never turned
over to the Defense.

"Regarding Jaleel Franklin"?

He was victim number three.
The one Mr. Dillard
was seen arguing with.

A witness told the detective
she saw the boy an hour later

walking into Central Park
with a black man,

Simon Brooks.

She called me
when she saw his face
on the news.

I've never seen this before.

Isn't that what prosecutors
say when they bury
exculpatory evidence?

He specializes
in this kind of case.
Can you believe it?

Keep it.

It's the basis
of our suit
for $50 million.

I've made copies.

Malicious prosecution,
false imprisonment,
tortious interference.

Do you want to order?
No.

We'll just be a minute.

Isn't there a rule about
not making it personal?

Haven't you heard?
I personally, deliberately,
suppressed evidence.

It's ridiculous.

Right.

"Right?" That's a ringing
endorsement.

Jack, you have made
some pretty close calls.

You want to co-sign
the complaint?

Does it occur to you
that the detective
who took that statement

might not have
given it to me?

What would his motive be?

What's mine supposed to be?

I'll look into it.

Thank you.

The Dillard case?

Two hundred cops were
tearing the city apart.

I got called in off
of public morals
to canvass 110th Street.

And you found this witness?

Laverne Chalmers.

Third-floor apartment,
walks with a limp,
offered me Ovaltine.

You remember all that?

It's part of the job,
Ms. Kincaid.

Well, didn't you think it was
strange that what she said
never came up at the trial?

I turn the statement over
to the D.A., the witness
never shows up.

I mean, that's not unusual.

Maybe somebody investigated
and found out
she hears voices.

Maybe she dropped dead.

But you're sure,
you did hand over
the statement?

Put it in the D.A.'s
hand personally.

My partner was there.
You don't
believe me, ask him.

Personally?
To Jack McCoy?

No, the other one.

A good-looking woman,
like you.

I love you too, Donald,

but I don't think the judge
is going to care about
your plastic surgery.

That's right, 9:00 a.m.
See you there.

The part of
private practice
I hate, clients.

It was filling out
time sheets
that kept me away.

I was served
with the Dillard
lawsuit yesterday.

Jack's got you on the case?
He doesn't trust
the city attorney?

Call it
an internal investigation.

I'm just trying to
find out what happened.

Jack must be frantic,

trying to figure out
how to pound out all the dents
in his integrity.

Maybe you can help.

The detective who took
the missing witness statement

said that he never
met with Jack.

Only with you.

I've met
a lot of detectives.

If he gave me that statement,
I turned it over to Jack.

He was the lead prosecutor.
You know what that's like.

He says he never saw it.

What do you
expect him to say?

Well, I expect him
to tell me the truth.

Oh, my!

Look, Claire?

You know how Jack operates.

Yes.

But if he never even
saw the statement...

Fine. It got lost.

It happens.

You don't believe that?

I know Jack McCoy.

I worked with him
for four years.

I know.

And I slept with him
for three.

I know.

And maybe that's
affecting your judgment.

And it's not
affecting yours?

You are sleeping
with him, aren't you?

The cop says he gave
the evidence to Diana.
Diana said she gave it to you.

Actually, she says
if she got it
she gave it to Jack.

"If, if, if."
That makes us look
so much better.

We'll get to
the bottom of this.

The damage has been done.

We've got cops all over
the country
manufacturing evidence.

Criminal justice system
held in contempt.

And now this gangrene creeps
into the prosecutor's office.

This prosecutor's office!

So we just board up
the windows
and go out of business?

No, we suspend you.

Until I know what happened.

Am I permitted to participate
in my own defense?

I am not banning you
from the building.

Correspondence,
pleadings, forensics.

No statement.

Does it matter?

If it's there, I concealed it.
If it's not, I destroyed it.

I got a notice
from Dillard's lawyer.

He wants to depose me.

I was in law school
when this case happened.

Pattern.

"Ms. Kincaid,
do you believe

"the defendant McCoy
concealed or destroyed
the statement?"

Objection. I wasn't there.
What I think is irrelevant.

You can't object.
It's a deposition.

"No."

"Have you ever seen
the defendant McCoy withhold
exculpatory material?"

Jack.

The Rowland case.
The statement of
the retarded girl.

That went to motive.

It's not an element
of the crime.

The judge disagreed.

"So, Ms. Kincaid,

"have you ever seen
the defendant McCoy withhold
exculpatory material?"

"Yes."

You're going to
say that?

I have to say that.

I didn't believe
I had a duty to disclose.

"He didn't believe
he had a duty to disclose."

Does that help?

Not if
you say it like that.

Jack, what did
the handwriting expert
testify at the trial?

That Dillard's writing
conclusively matched
the notes found on the bodies.

Experts make mistakes.

Do they?
Here's his initial report.

He was unable
to come to a conclusion.

What changed his mind?

He was Diana's witness.

What can I say?

The notes found in the dead
boys' pockets were
block printed, not scripted.

That makes it hard
to judge letter formation,

whether the writing
is halted or tremulous.

You told the jury
the tremors

definitely came from
an attempt by Dillard
to avoid identification.

And that's not what you said
in your initial report.

Mr. McCoy,
you were the prosecutor,
you know what happened.

What happened?

I spoke at length
with Ms. Hawthorne,
your associate.

The other evidence.

What did she say?

That you had incontrovertible
physical evidence that
Mr. Dillard was the killer,

and that it was thrown out
on some technicality.

She told me to make
my evidence
as strong as possible.

She asked you to lie?

Well, she said it wouldn't
be a lie, because Dillard
did write the notes.

He was the murderer.

You didn't think to talk
to me about this?

Well, I wanted to,
but Ms. Hawthorne said
that you were too busy.

That it wouldn't
be necessary.

So you just said the writing
matched, even though
you couldn't really tell?

A serial killer of children
was about to go free.

I was told I was the only one
who could prevent
that from happening.

Jack.

Diana.

I begged you to get rid
of that coat eight years ago.

You suborned perjury.

You never showed me
the witness statement.

I've been suspended.

Two boys are dead.

Wonderful opening statement.
Concise, but strong.

I'm sure Claire is learning
a great deal from you.

For the past three hours,
I've been
trying to figure out

what the hell
you were thinking.

What you were thinking.

Win the case.
Like that?

How many times
have I seen you reject
unreliable witnesses?

How many times have
I seen you give experts
a little pep talk?

How many times have I seen
you use a footnote to
the fine print of the CPL

to avoid giving something
to the defense?

You crossed a line
I never came near.

Get off it, Jack.
You know what I did.

Exactly what
you wanted me to.

The city needs this over.

Dillard is getting $3,000,000
to settle his suit.

Thank you, sir,
and I'm very glad
to be back.

Make yourself at home.

Diana Hawthorne was
a very expensive employee.

She's as good
as disbarred.

The ethics committee
has already
taken statements

from the detective
and the handwriting expert.

It's not enough.

I'm sure they'll be
talking to you, too.

Disbarment's not enough.

It's over.
Get back to work.

Derrick Walters
and Sean Monroe
were murdered

because we put
the wrong man in jail.

Diana Hawthorne
is responsible.

Not criminally.
There's no law against
prosecutorial misconduct.

What kind of message
does that send?

How can we expect people
to have confidence in us

if we don't go after
bad prosecutors?

But how? You want to charge
Diana Hawthorne with murder?
The law doesn't fit.

Turn the page.

Criminal facilitation.
She engaged in conduct

which provided a person
with the means or opportunity
to commit a Class A felony.

You want to step into a pit
of snakes and scorpions?

Right now, you're cleared,
you're out of it.

You want to try to put Diana
in jail for 15 years,

she'll do anything,
say anything.

I'll take that chance.

Diana Hawthorne, please?
She's tied up right now.

We'll untie her.Wait.

Just take it easy.

Who are you?
Police. Stand up, please.

Diana Hawthorne,
you're under arrest

for criminal facilitation
in the second degree.

You have the right
to remain silent.

Anything you do say can be
used against you in a court
of law, you understand?

Jack.

It's absurd, Your Honor,
Ms. Hawthorne
cannot be held responsible

for the actions of
an insane serial killer
she never met.

Look at the statute.

She provided Simon Brooks
the opportunity
to commit these crimes.

If the police hadn't
stopped looking for him,
he would have been in jail.

If they had caught him.

They seemed to think
Andrew Dillard was guilty.
So did you.

We all would have changed
our minds if Ms. Hawthorne
had acted properly.

And the massive manhunt
for the real killer
would have resumed.

How could I believe
I was aiding a man
I didn't know existed?

You didn't know his name.

You knew somebody was killing
young boys and
it wasn't Andrew Dillard.

No, I thought it was
Andrew Dillard.

And how could
you possibly prove what
I was thinking, anyway?

It can be inferred from
the existence of the witness
statement you were concealing.

Who says she concealed
anything? Her embarrassed
former colleagues?

I suggest we find out,
Mr. Fox, at a trial.

Your motion to dismiss
is denied.

It's a cover-up.
Mr. McCoy is worried

about saving
his own reputation and
so he's scapegoating me.

I was following his orders.

The Nuremberg defense?
Who does that make me?

All right.
That's enough.

We'll hear the rest of this
when Ms. Hawthorne's attorney
cross-examines you, Mr. McCoy.

I assume that you'll be
prosecuting, Ms. Kincaid?

Have your clerk contact mine
about a trial date.

I had no knowledge of
Ms. Hawthorne's conversation
with the expert witness,

and if I had known,
I never would have
condoned it.

What she did
was not standard practice
in your office?

Absolutely not.
I followed

and I expected
all of my associates

to follow the rules
that apply to all lawyers,

as well as their
responsibilities
as prosecutors.

Would you tell the jury
what that
responsibility is?

We represent the people
in a search for justice,

which necessarily
means the truth.

It's not a competition
and we're not paid to win.

Thank you.
No further questions.

Mr. McCoy,

did you convict a man
named Hank Chappell
of murder last year?

Yes.
Was he guilty?

No, the real murderers
conspired to frame him.

When I learned that,
his conviction was voided.

But you did manage to convict
an innocent man without
any help from Diana Hawthorne?

Yes.

And as you were
preparing to try that case,

conducting your search
for justice and truth,

you found no indications
the man was innocent?

No.
Isn't that odd,

considering he was innocent?

He appeared to be guilty.
Amazing.

Not a single hint
of the truth to be found.

Or maybe you did find one
or two and overlooked them.

Objection. No foundation.

Sustained.

In the matter
of Andrew Dillard,

you testified

you never saw
the witness statement
pointing to the real killer,

and you never had
a conversation with
your key expert witness.

Nothing substantive.

Aren't those odd omissions
for the lead prosecutor?

I believed
I was ably assisted
by the defendant.

Whom you trusted
because you'd trained her.

In part.

You were her supervisor.

Yes.
And her lover.

Objection. Relevance.

Overruled.

Yes, we were lovers.

Do you recognize
the handwriting
on this note, Mr. McCoy?

I don't think
you'll need the expert.

It's mine.

Would you read it?

"Diana, thanks for
an amazing night. I had to
get to the office early.

"It's time to nail
Andrew Dillard."

What'd you mean,
"Nail Andrew Dillard?"

Prosecute him vigorously.

How decorous.
You sure you didn't mean
nail Andrew Dillard?

It was facetious
between two people
who were close.

You certainly were.

What Ms. Hawthorne
is accused of doing,

wouldn't that consist
of "Nailing
Andrew Dillard?"

It's not what I intended.

So she didn't
read your mind.

To convict Andrew Dillard,
didn't Diana Hawthorne,
your subordinate, your lover,

merely do
what you told her?

I never told her
to break the law.

Why would I?

There's no value in
incarcerating the wrong man.

Really? Weren't you promoted
to your current position

three weeks after
Dillard was convicted?

I was told I'd be getting
that position
a month before the trial.

It wasn't final.
You could have lost it.

Didn't that give you
extra incentive to win?

No, that was not a factor.

Oh. Did you celebrate
your promotion alone?

No.

With Ms. Hawthorne?

Yes.

How?

I took her to Ireland.

Everything I knew
about being a prosecutor,
I learned from Jack.

And that included
the handling of potentially
exculpatory evidence?

In my judgment that
witness was unreliable.

Jack always said,
"You have prosecutorial
discretion. Use it."

And the handwriting expert?

Jack said
an expert is useless
unless he's sure.

I took great pride
in my work.

What happened in this case
is a prosecutor's
worst nightmare.

I never intended to
convict an innocent man.

Thank you.

Ms. Hawthorne,

you took a solemn oath
as an attorney to uphold
the law, didn't you?

Jack took that same oath.
I saw how he followed it.

Really? He never told you
to conceal evidence
or suborn perjury, did he?

I never did either
of those things.

Come on.

We've heard from the detective
who gave you the statement.

We've heard from the expert
who you told to lie.

Did Jack McCoy ask you
to conceal evidence
or suborn perjury?

Not in those words,
but he was driven to win,

and he taught me
to be the same.

Forget him.
I mean, you're the one
who was so eager to win,

you betrayed the principles
of your own profession.

Objection. Argumentative.

Sustained.

You got a lucrative job
in private practice after
the Dillard case, didn't you?

It was
a year later.

It was a lucrative job.

Well, I never looked
for that job.

I wanted to spend
my entire career in the
district attorney's office.

You left voluntarily,
didn't you?

I left because I no longer
felt comfortable
working with Jack,

after our
relationship changed.

You mean after you
stopped being lovers?

Yes.

Your boss and your lover,
that's a pretty strong
influence.

Yes.

So I did what
he wanted me to do.

But why would he want you
to do something that
could jeopardize his career?

Jeopardize?

It got him his promotion.

Was that on your mind?

Was it,
Ms. Hawthorne?

At the time, no.

But you knew
he wanted that promotion.

Well, it wasn't a secret.
He's very ambitious.

And you wanted
his admiration?

Yes, he was my boss.

And your lover.

You wanted his affection.

Yes.

And what better way
than to make him a gift
of that promotion?

That's not what
this was about.

Of course it was.

He never asked you
to do anything.

You decided to get him
what he wanted.

And like all good gifts,

it was a surprise.

The smell of this place.

We worked a lot of nights.

You shouldn't be
talking to me, Diana.

Yeah.

Well, I think
we broke a lot of rules.

She's a smart girl, Jack.

I don't think until today
I even admitted it to myself.

That you committed
a heinous crime?

No.

That I did it for you.

For my man.

I didn't know women like me
did things like that.

I never asked you.

No.

But I thought
you'd be grateful.

You didn't
need my gratitude.

Yes, I did, Jack.

And here we are.

I took her plea,
facilitation
in the fourth degree.

She does six months
and gives up
her license.

I've got habeas motions
on my desk

from every defendant
she ever came near.

I'll go through them.

You bet you will.

You didn't have to
take the deal, Claire.

You could have
won the case.

I know.

But I thought
that's what you wanted.