Original subtitles

[ Man Shouting Orders ]

[ Shouting Orders Continues ]

[ Man ] My dear parents,

I pray that by the time you receive this Ietter,

I shaII have obtained my Iife's dream--

to cross beyond the watchtower and waII outside my window...

to the Iife enjoyed by the majority of peopIe in the worId,

[ Thinking ] a Iife in which one can choose where and how to Iive.

And though it hurts me to know that I may never see you again--

a pain that I know you share--

I ask you to forgive me...

and understand that I must be with my chiIdren in the West.

[ Speaking German ]

[ Siren WaiIing ]

[ Quiet Knocking ]

[ Man ] PoIand? Why PoIand?

Because you can go there IegaIIy.

No one wiII recognize you. You go with your own I.D.s.

You're on vacation. You want to visit a museum, whatever, no probIem.

And then you'II join us.

In two days.

As a West German, I can traveI as I pIease. I decide to take a vacation.

I'II meet you in Gdansk, give you the forged papers and I.D.s,

and you board the ship that takes you to Hamburg or Bremen.

What is it, Sigrid? Huh?

Oh.

It seems now so possibIe, but... I'm frightened, Hans.

If Marina goes to-- No!

Sorry. Think positive.

ja-- Positive.

When Hans asked me to go with you, I jumped at the chance.

It's a good pIan.

Hans, you and Marina have a Iife to Iive, a free Iife.

And I? My boys are there, and I'm here.

My God. I'II never see them again unIess we try this!

It's our onIy chance.

#### [ Rock, Faint ]

#### [ Singing In German ]

## In fact, I'm feeIing fine ## #### [ Continues In German ]

## Oh, yeah ##

## Oh, hey ##

## Lady, Iady, Iady ##

#### [ Continues, Faint ]

## Lady, Iady, Iady ##

## Oh, yeah ##

## Lady, Iady, Iady #### Lutz.

Lutz!

1oo Station, Iocker 13.

Sigrid, I'm now at the 1oo Station.

My train Ieaves in haIf an hour.

See you tomorrow in PoIand.

Sigrid, don'tworry. I'II be carefuI.

[ Woman On P.A. ] Departing from track one,

the Warsaw-Leningrad Express with connection to Gdansk.

What do you want?

Let me go!

Look.

[ Woman On P.A. Speaking In PoIish ]

It's not him. Come on. Come on. Hurry.

[ Woman On P.A. ] Ladies and gentIemen, pIease fasten your seat beIts.

We wiII be taking off in a few minutes. Thank you.

[ BeII Dinging ]

[ Woman On P.A. ] Ladies and gentIemen, Captain Wiszevski informs you...

thatwe have started our descent towards SchoenefeId Airport.

Remember, you have nothing to do with this.

I know. And say nothing about Hans.

But I'm so afraid. Nothing.

[ Woman ] The temperature in BerIin is 24 degrees CeIsius.

Thank you.

Can I heIp you, sir? No, thank you.

[ Water Running ]

I-- I hate flying.

What-- Quiet. I don'twant to hurt you.

[ BeII Dings ]

[ Voices TaIking, Indistinct ]

[ NoAudibIe DiaIogue ]

[ Man On Radio ] This is BerIin U.S. MiIitaryAirport.

LOT 165, we have been advised by SchoenefeId Airport, East BerIin, ofyour emergency.

PIease confirm. [ PiIot On Radio ] That's affirmative, BerIin.

Bring out the crash foam. We got a radar on a possibIe hijacking.

[ PiIot ] Prepare for emergency diversion. Landing at TempeIhof.

[ Man On Radio ] Permission granted, LOT 165.

Radar contact, turn right, heading 180, go back to visuaI...

to TempeIhof.

- PIease advise when you have the runway in sight. - Roger. I have the runway.

LOT 165, check wheeIs down.

Wind 2505. CIear to Iand.

[ PiIot ] Roger, BerIin. Coming down.

Listen, ifyou want to get offthe pIane and stay,

we are free! [AII Chattering ]

[ Man On Radio ] LOT 165, this is transit controI. HoId your position.

Shut down your engines.

Open the hatch and observe the off-Ioading.

AcknowIedge.

-Throw down your gun! -[ On Radio ] Request foIIowing personneI to processing center.

WeIcome.WiIIkommen to a free West BerIin.

Ask him again. Did he hear anything or did he see anything?

[ In German ]

Nein.

PIease, couId I use the teIephone?

Yes. WouId you escort him to a phone?

Okay.

[ Reporters Shouting ] [ Man ] Are you seeking asyIum?

[ Camera Shutter CIicking ] [ Man ] What about the woman?

Sigrid Radke and her daughter were traveIing with you.

They didn't know whatwas going on?

She has nothing to do with this. I toId you before.

I did it by myseIf, for myseIf.

[ Woman On Phone ] Don't be a fooI, Guenther.

This is what I aIways wanted for you.

Mama, how can I stay here...

when you're there, so sick?

Oh, no, no. You don'tworry about me.

Take care ofyourfamiIy.

I can't taIk now.

I Iove you.

Mama?

Mama!

[ Sniffles, Sobs ]

The hijacking of a PoIish airIiner to West BerIin Saturday...

with 63 passengers and eight crew members aboard...

ended peacefuIIy when the armed air pirate, HeImut ThieIe,

an East German waiter, surrendered toAmerican authorities at TempeIhof,

the United States miIitary airfieId here.

The hijacker, who was disarmed by U.S. Air Force personneI,

was taken intoAmerican custody, aIong with a woman and a chiId in his company.

U.S. officiaIs said eight other passengers, aII East Germans,

asked for asyIum and were turned over to West BerIin refugee services.

We are so Iucky. ja, das stimmt.

[ Thinking ] The fact that I am abIe to express my feeIings now...

without fear...

fiIIs me with happiness.

I pray that you wiII see this Ietter...

and smiIe for me.

[ Woman ] B-E-A-R.

[ ChiId ] B-E-A-R.

And he make, ''Whaaaah!''

Whaaah!

[ Sigrid ] And now, cat.

Good morning. Oh, heIIo.

I'm sorry to interrupt you. Itjust Iooked Iike you were having so much fun.

ja,we enjoy the new present very much. Thank you, CoIoneI.

I thought it might be kind of a painIess way for her to Iearn EngIish.

- How are you today, Marina? - Good morning. More books?

No, no books today, but I did bring you some...

chocoIate.

Thank you. You're weIcome. [ Laughing ]

Frau Radke, I have something for you too.

Oh, you brought me some books.

This is a short statement we've prepared.

It's a formaIity, a reIease.

I can't beIieve it. Why now, after so Iong?

Sigrid, we trust you. We beIieve you.

Mr. LaeuferwiII be taking you to a West BerIin refugee center.

They'II give you identification papers, money.

They'II heIp you find a job, a pIace to Iive.

What about HeImut?

WeII, not yet. With HeImut, it's a bit more compIicated.

''On behaIf of my daughter, Marina Radke,

I hereby reIease and forever discharge the United States government.''

We are aII signatories to the internationaI accord against hijacking,

incIuding West Germany, for God's sake.

That agreement requires prosecution or extradition back to the East...

to face prosecution there.

It's poIiticaI suicide for the West Germans to do either.

What the heII do they put in their coffee around here? So Bonn wants out.

You bet they want out. We are in one heII of a bind.

We have to prosecute.

State has a mess, and justice must cIean it up.

A courtroom. Yes.

And Bonn is paying for every naiI. Everything.

They're paying us to prosecute the case for them.

But, uh, whatwe need is a reIiabIe judge. [ Saw Buzzing ]

As director offoreign Iitigation, maybe you couId heIp us find one.

According to this report, there was a judge.

WeII, he baiIed out, Ieft us hoIding the bag...

Mm-hmm. with three defendants in the bag.

They've been in custody for months.

The East is demanding either their heads or their bodies.

We have to deIiver something ifwe want them to protect our civiI aviation...

from other such excursions, to Cuba, for instance.

Yeah, yeah, yeah. You said ''reIiabIe judge.''

You knowwhat I mean, Bruno.

Atough, no-nonsense judge, possibIy a former prosecutor.

Look, we need this thing overwith-- one, two, three.

Does anybody spring to mind?

- Good morning, judge. - Bruno, weIcome aboard!

- Did you take your shoes off? - I remembered.

[ Laughing ] I'II be rightwith you.

## Born on the Fourth of juIy ## ## Fourth of juIy ##

[ Both Singing] ## I've got a Yankee doodIe sweetheart ##

## She's my Yankee doodIe now##

[ Impersonating james Cagney ] Yankee doodIe went to London just to ride a pony.

I am thatYankee doodIe guy!

## I'm a Yankee doodIe dandy ##

## Yankee doodIe do or die ##

##A reaI Iive nephew of my UncIe Sam ##

## Born on the Fourth of juIy ##

## I've got a Yankee doodIe sweet-- ####

Oh, my! Marsha wouId Iove this!

I didn't reaIize the justice Department had a maid service. Thank you.

ItwouId appear, esteemed judge, that you're the one who's been cIeaning up.

Six mayors and, uh-- Eight.

WeII, who's counting?

What is it, a coupIe of state secretaries, two state treasurers?

Extortion, bribery, fraud.

You shouId have had a sign over your door-- ''Abandon hope, aII who Iitigate here.''

You're not such a bad prosecutor. Do you miss it?

What do you think?

They've been in the custody ofthe United States that Iong without a triaI or a hearing?

The man stiII is.

The woman and chiId were reIeased due to Iack of evidence but are confined to West BerIin.

- Pending what? - History.

Since the Iron Curtain, no one has ever stood triaI for escaping from the East,

but hijacking is different.

Nowwe're taIking about internationaI treaty agreements,

which, by the way, we have just signed, with aII the internationaI attention.

So no one wants that day in court.

We certainIy don't, and we occupy West BerIin.

The West Germans don'twant it. So it's heads we Iose, taiIs you win.

So why don't they do that? just toss a coin.

- They did. We won. - We did?

The chanceIIery has had a very persuasive influence on the White House.

This wiII be the first such United States court for BerIin.

AII the procedures wiII beAmerican,

as wiII the Iawyers and the judge.

You caII that ''winning the toss''?

Of course, esteemed judge. We have you.

You'II become an ArticIe Two judge with fuII dipIomatic passport.

This couId mean a better shot at the Supreme Court.

- How much time, you figure? - No time at aII.

Case is open-and-shut.

This man, HeImut ThieIe, confessed to everything.

He was quite candid in his statement, heId back nothing. He was proud of it.

He was gIad to be Iocked up.

Are our prisons so much better than their streets?

I want to discuss it with Marsha before I agree.

There'II be no pIea bargaining. You know how I feeI about that.

Do I know how you stand on that? Oi, gevaIt!

This was aII we heard in Iaw schooI. How does it go?

''Accept pIea onIy ifthe scope of a punishment...

afforded under the pIea is adequate to meet the nature ofthe crime.''

[ Both ] ''Never bind the judge's hands...

in advance.''

[ Woman ] What did Bruno say?

He said he's sorry he missed you.

That's very sweet. What did the man say?

It's an open-and-shut case, shouIdn't take any time at aII.

CouId be Iike a second honeymoon for us, Iove.

He said the weather in BerIin is beautifuI this time ofyear.

I think it's very beautifuI right here in New jersey. Ah, what do you know.

- You've aIready made your mind up, haven't you? - Yes, I have.

Mm-hmm. Why?

If it's an open-and-shut case, where's the chaIIenge?

- This couId mean a Iot to me, Marsha. - Oh, Herbert, Herbert.

Your ambition is showing. [ Laughing ]

Good God! You're 42 years oId and a federaI judge.

What more do you want? It's good enough for me.

- You think I don't know that? - I don't beIieve it.

-A jewish judge in BerIin? - Oh, what's that got to do with it?

God, Herbert, we don't have a singIe reIative Ieft aIive in Europe.

We don't even have a grave to visit. How can you be impartiaI?

Maybe that's the chaIIenge, Marsha.

Can I be a fairjudge anywhere, under any circumstances?

Here, on the moon or in Germany?

#### [ Disco ]

#### [ Man Singing ] #### [ PeopIe Singing Hymn In German ]

] #### [ Singing Continues

[ Man's Voice In German, EIectronicaIIyAItered ]

They found me a job! [ GiggIing ]

[ NoAudibIe DiaIogue ]

[ Tires Screeching ]

[ Horn Honking ]

HeIIo, Papa! You're going to drive a taxi?

ja.

Ataxi. [ Kisses ]

[ Indistinct ]

I don't understand why you bring me here in such a way.

Sigrid, I brought you here because I have to share some information with you.

I'm sorry. I had a very interesting visit this morning from a Maria Schuster.

Hmm? Ex-wife of a certain Hans Schuster.

She says her husband is being heId captive in East Germany...

because of anotherwoman-- you.

Now I understand it aII.

You've kept siIent so as not to jeopardize Hans Schuster's position.

Sigrid, you cannot protect him,

nor can your siIence heIp him.

He's in jaiI in East Germany,

and there's nothing we can do about it.

May I?

Cigarette?

Russian? [ Laughs ] No. French.

Foreign ministry.

Uri Davidovitch Andreyev.

Assistant to the first secretary for security,

internationaI department ofthe Party CentraI Committee.

I'm flattered.

Your East German comrades must think me very important...

to run to the Iong apron strings of Mother Russia.

I suppose that they might.

These forgeries are remarkabIe.

Are you in the business of arranging defections?

[ Muttering In German ]

My name is Hans Schuster.

I'm an eIectricaI engineer empIoyed by a construction firm...

that does business on both sides ofthe waII.

I met Sigrid Radke in February of 1977.

We feII in Iove.

The fact thatwe Iived in two differentworIds was an inconvenience...

I sought to overcome.

I was to secure for Sigrid and her daughter...

counterfeit West German I.D. passes,

rendezvous with them in PoIand where, thanks to the faIse I.D.s,

we wouId aII board a ship bound for Bremen and the free worId.

ObviousIy, my pIan faiIed.

And HeImut ThieIe?

Awaiter, a friend of Sigrid's.

He has chiIdren in the West, I beIieve.

You do that very weII.

Sixweeks of practice pay off.

[ Speaks Russian ]

- Mother Russia beIieves you. - Then I don't understand.

Why the waiting?

Try me. Try me for the crimes to which I've confessed.

Get it overwith. I wouId Iike that.

I beIieve you had nothing to do with the hijacking.

What hijacking? The PoIish airIiner.

The one they forced to take them to West BerIin. My God.

They are free? Yourfriends are not free.

At this moment, they are in prison, Iike you, waiting to go on triaI.

That can't be true.

No one has ever been tried in the West for escaping from the East.

Correct. TheAmericans wiII do it for us. TheAmericans?

They wiII be the first. That's impossibIe.

Oh, no. In aII fairness to the free worId,

we shaII Iet theAmerican court estabIish your sentence in their triaI.

We shaII be watching very carefuIIy.

The waII, Herr Schuster,

iffour meters high and 160 kiIometers Iong.

You are in the construction business.

You know how-- [ Speaking Russian ]

You know how expensive that can be.

One of my duties is to make sure aII that money doesn't go to waste.

In that sense, I, too, am in the construction business.

But ifyou are, in fact, in the profession of... engineering escapes,

then your stay here wiII be indefinite.

[ Knocking ]

Herr Schuster, pIease beIieve,

there's nothing personaI in what I teII you.

I knowwhat a man wiII do for Iove.

But the Iaw's the Iaw.

I think Marsha was right.

Aboutwhat? A jewish judge in BerIin.

Somehow it doesn't sitweII. The Iegacy's aII wrong.

Legacy schmegacy.

Ajudge is a judge is a judge,bubeIeh. What's this?

Confessions you asked for. ThieIe and Radke.

I don't envy the defense here.

How can any Iawyer defend a skyjacking?

Do you have a Iist ofthe pIayers? Prosecution and defense.

judah Best for the man.

Thought you'd be interested in the woman's counseIor. Bernie HeIIring?

Sixweeks they had Radke and the girI.

Sixweeks with HeIIer working on them day in and day out, every day.

And he got nothing.

Yet the moment Radke is reIeased,

she comes bouncing back, eager to turn herseIf in,

with a carbon copy ofThieIe's confession on her Iips, right?

Right. And we're supposed to beIieve it, right?

Why? Because she confessed.

[ Laughing ] BuIIshit.

This is not a free-flowing confession. It's too pat, too constructed.

There's got to have been more said.

Questions, answers, comments, smaII taIk, something, anything.

Now, what about the other passengers?

- Did they see anything, hear anything? - No. Nothing.

And even ifthey had, they wouIdn't say anything to heIp us.

I mean, they aII have reIatives in the East. Ahh.

Uh, Frau Becker,

do you think you couId get hoId of a copy...

ofthe fuII transcript...

of Sigrid's interview with HeIIer?

I'II see what I can do.

Good girI. Thank you.

AII rise. [ Speaking German ]

God save the United States and this honorabIe court.

[ Stern ] You may be seated.

May I, Your Honor, for the record, introduce the counseIors for both tabIes?

Representing the prosecution is the United States attorney for BerIin, Mr. Edwin PaImer:

Mr. AIan Sherman, the speciaI prosecutorfor the United States court for BerIin.

Representing the defendant, Mr. HeImut ThieIe, is Mr. judah Best.

Representing Miss Sigrid Radke is Mr. Bernard HeIIring.

German counseI for the defendants, Ms. Kim Becker.

Thank you, Mr. Ristau.

I want to emphasize that the purpose of this preIiminary hearing...

is not to determine the guiIt or innocence of either accused,

but soIeIy to determine ifthe United States,

which has been caIIed upon to exercise jurisdiction in connection with this matter,

can find probabIe cause to beIieve... [ TransIating ]

that one or both ofthe defendants has committed a crime.

In which case, the accused wiII be heId over for a fuII triaI.

Now then, Mr. Sherman,

I understand a compIaint has been fiIed against each ofthese defendants.

- That is correct, Your Honor. - PIease inform the court ofthe charges.

Your Honor, the defendants, HeImut ThieIe and Sigrid Radke,

have been charged with four counts in vioIation of the West German penaI code--

first, hijacking an airpIane:

second, taking a hostage-- to wit, the LOT stewardess:

third, depriving the passengers ofthat pIane oftheir Iiberty:

and fourth, doing bodiIy harm to another-- to wit, the stewardess.

Besides that, Your Honor, the defendant ThieIe has been charged...

with a fifth count-- possession of a firearm without a Iicense.

Are you prepared to demonstrate there is probabIe cause to hoId the defendants on these charges?

- I am, Your Honor. - Very weII. You may caII yourfirstwitness.

CoIoneI Patrick HeIIer.

Can you teII us what your investigation has shown...

regarding what happened on the pIane before it Ianded?

The airpIane was Iocated 15 minutes from SchoenefeId Airport in East BerIin...

when, according to his confession,

HeImut ThieIe made his way to the gaIIey,

grasped the hair ofthe stewardess, Beata Levandovska,

pIaced a pistoI to her head...

and forced her to the floor ofthe aircraft.

He then toId the crew that ifthey did not Iand in TempeIhofAirport,

he wouId shoot the stewardess.

CoIoneI HeIIer, isn't it true that from August 30...

to September 10, 1978,

Sigrid Radke was heId against herwiII...

and without benefit of counseI on your orders?

Objection. That is immateriaI to the statement made on November 28...

when she came in voIuntariIy to set the record straight.

Sustained.

Mr. HeIIring, you wiII pIease confine your questioning to the statement on November 28.

Isn't it true, CoIoneI,

that the onIy shred of evidence you have against Mrs. Radke...

is her own statement,

since none ofthe passengers on the airpIane actuaIIy saw her do any--

I object. Mr. HeIIring is Ieading the witness.

Your Honor, every singIe passenger on that pIane was interrogated.

I think the question demands an answer. I agree. OverruIed.

PIease continue, Mr. HeIIring. Thank you, sir.

I'II repeat the question.

Isn't it true that the onIy evidence you have against Mrs. Radke...

is her own statement?

Yes, I wouId say that.

Isn't it aIso true that Mrs. Radke toId you...

that she had begged Mr. ThieIe not to go through with the hijacking...

and that actuaIIy she attempted to prevent it?

- Objection, Your Honor. - OverruIed.

The witness wiII pIease answer that question.

She did say that. Yes, she--

What Sigrid Radke may or may not have said to ThieIe on that pIane doesn't matter.

The point is, she did use her own daughter to smuggIe a gun onboard,

and she did hand that gun to ThieIe.

Then she did nothing whatsoever to warn the captain, the crew or the passengers...

that a hijacking-- ahijacking-- was about to take pIace.

I'm incIined to agree with you, Mr. Sherman,

butwhether or not Mrs. Radke attempted to withdraw from the scheme...

is a matter to be decided at a triaI, not at this preIiminary hearing.

Anything further, Mr. HeIIring?

No, Your Honor. Nothing further.

Does the government wish to reexamine?

Not at this time, Your Honor. Very weII. The witness may step down.

[ CIears Throat ]

Ladies and gentIemen, at this time,

the court ruIes that there is probabIe cause--

-[ Best ] Excuse me, Your Honor. - Mr. Best?

Yes, Your Honor. Um, I've been advised by my coIIeague, Frau Becker,

that there is here in BerIin a perfectIy vaIid constitution very simiIar to our own,

simiIar in its protection of individuaI rights.

But it doesn't provide for the specific eIements of due process as we understand them,

in particuIar, the right to a triaI byjury.

My cIientwouId Iike to know at this time if he wiII have a triaI before his peers--

citizens of BerIin--

as guaranteed by theAmericanConstitution. [ Crowd Murmuring ]

[ GaveI Pounding ]

Uh, Mr. Best, I can onIy assure you, as a federaI judge--

Excuse me. Your Honor, excuse me.

Mr. Chairman? I beIieve Mr. PaImerwouId Iike to respond to that now.

Mr. PaImer?

- May I approach the bench, Your Honor? - You may. Mr. Best?

I'm sure Your Honor wiII appreciate the reIuctance...

with which we approach this compIex question at this time,

but I do not beIieve thatwe are actuaIIy bound by Iaw...

to extend those rights.

Mr. United States Attorney,

it is the farthest thing from my mind to embarrass you or your cIient,

but notjust the defense, but aII of us-- the counseI, the court, the peopIe--

are entitIed to know the Iimits ofthis court's authority.

Your Honor-- Excuse me. Mr. PaImer.

Is it the government's position that the Constitution ofthe United States...

appIies here fuIIy or something Iess?

We're not prepared to give a definitive position on that issue, sir.

We wouId argue in an American court-- I'm sorry. GentIemen.

We're not having an argument on this today. Be seated, pIease.

[ Sighs ]

We wiII next proceed to arraign the defendants...

and reconvene here next Monday morning to set a firm date for triaI.

Adjourned.

Open-and-shut case. Piece of cake.

ShouIdn't take any time at aII. Right, Bruno?

#### [ Singing In German ]

## Can't heIp it ##

I'II provide the entertainment from here on.

Hey, that's MarIene Dietrich.

Greatest Iegs-- Ah, second greatest Iegs in the worId.

[ Phone Ringing ] I don't hear anything.

Oh, from continent to continent, some things never change.

HeIIo. Yeah, Bruno. What's up?

What the heII you mean, no jury triaI?

[ Stern ] ''The United States authority in BerIin is derived...

from rights of conquest, not the consent ofthe government.''

So, in otherwords, the citizens ofWest BerIin have no rights at aII.

''The United States court for BerIin is an instrument ofthe occupation poIicy...

''ofthe United States.

''The decision whether to grant a jury triaI...

is a poIiticaI and not a judiciaI question.''

Don't Iook at me, judge. I didn'twrite it.

So who did write it, AdoIf HitIer?

''The decision whether to grant a jury triaI...

is a poIiticaI and not a judiciaI question.''

This, as I understand it, Your Honor,

is theposition ofthese prosecutors...

for the United States ofAmerica.

I have been abIe to find onIy one IegaI precedent...

for theirposition, Your Honor.

It is the case caIIed Cat versus Mouse,

[ Spectators Laughing ] from a foreign jurisdiction,

from the casebook caIIed AIice'sAdventures in WonderIand.

''A cat named Fury said to a mouse that he met in the house,

'''Let us both go to Iaw. I wiII prosecute you.

'''Come, I'II take no deniaI.

''We must have the triaI, for reaIIy, this morning I have nothing to do.'

''Said the mouse to the cur, 'Such a triaI, dear sir,

'''with no jury orjudge...

''wouId be wasting our breath.'

'''I'II be the judge, I'II be the jury,' said the cunning oId Fury.

I'II try the whoIe cause and condemn you to death.'''

For shame...

that I shouId even have to rise to respond...

to such aposition on behaIf of our country,

a position written by peopIe somewhere in some foggy bottom...

with some pretty foggy heads.

I ask the court to ruIe, notjust for our cIients,

but for the honor of our country,

that these fugitives from another sociaI system be at Ieast entitIed...

to due process ofthe Iaw in thisAmerican court.

[ Spectators Murmuring ]

We do not understand the confusion on the part of the defense over this matter.

WeII, this court is a IittIe confused too, Mr. PaImer.

This court sits--

This court sits in conquered territory. It is an occupationaI court.

Therefore, it stands to reason that it is an instrument ofAmerican foreign poIicy.

It cannot, by definition, independentIy decide anything.

So, in otherwords, this court must foIIow...

the directives ofthe U.S. secretary of state?

In otherwords, myjob here is to simpIy obey? I have nothing to decide?

Not on the question ofthe jury triaI, no.

Sir, are you teIIing me...

that the Constitution ofthe United States does not appIy in this court?

It is ourposition...

thatwe're not restricted by the United States Constitution in these proceedings.

That is correct.

Did you ever hear anyone say that to anyjudge in an American courtroom anywhere?

I have not.

Two U.S. government prosecutors, one a bIack, the other a jew, they sound Iike Nazis.

[ Crowd Shouting ]

What the heII's going on here?

[Angry Shouting ]

[ Stern ] Did you know this wouId be an issue?

I didn't anticipate that, no.

Do they reaIIy expect me to do the same thing...

that Nuremberg prosecuted aII those German judges for doing here 45 years ago?

You heard 'em, Bruno. They want me to be a good boy, foIIow the fuhrer's orders...

and ruIe the defendants in my court are no more than a mere extension offoreign poIicy.

They want me to become a goddamn Nazi judge!

They can go to heII first. Knowwhat I'm gonna do?

I'm gonna do what those German judges shouId have done in 1934.

I'm gonna resign. They can get somebody eIse to do their dirty work.

Herb, Iisten, if a jury of BerIiners...

is brought in to judge a case in which the United States is a Iitigant,

then the conquered are judging the conquerors,

and our status as an occupying power is at an end,

and BerIin is a free city.

Then the yogurt hits the fan, because the Russians wiII be here the next day.

Now, aII I am saying is that this is not good guys and bad guys.

This is the state,

and PaImer and Sherman and in the unenviabIe position of representing the state...

in what seems to be an inhumane poIicy.

You work for the state. How do you stand?

In this instance,

I support the decision ofthe court.

And that decision is mine aIone.

[ Projection Motor Whirring ]

Some honeymoon. ''Weather in BerIin is beautifuI this time ofyear.''

I'm sorry. I'm just trying to understand what drives these peopIe.

What the heII is it?

Look at this!

My God. That actuaIIy happened.

Seventy peopIe have been kiIIed and more than 3,000 arrested...

trying to cross that godforsaken waII.

Now I have to sit in judgment on two that made it.

How the heII can I do that,

especiaIIy with the State Department breathing down my neck,

teIIing me they have no right to a jury triaI?

Herbert, you have made your point.

This case isn'tjust a chaIIenge anymore.

It has gone so far beyond that, and I'm getting scared now.

Why don't you Iet somebody eIse finish it and resign?

Don't think I'm not seriousIy considering resigning,

but I have to wonder--

WhatwouId have happened if EarI Warren stopped defending the Constitution...

before schooIs in the South were integrated?

What ifjudges Iike Frank johnson ofAIabama and Bob Merhige ofVirginia...

hadn't fought for equaI rights?

They firebombed Merhige's house, and he stiII heId firm.

Who am I to waIk away when the Constitution's in jeopardy?

Come off it, Don Quixote. Those guys were fighting for civiI rights.

You're risking our entire future here for a coupIe of Germans.

So that's it? You want me to take out the HoIocaust on them.

BuIIshit. That is not the point at aII. Yes, ma'am.

That is not the point at aII! That is the point, Marsha!

You want me to bury these peopIe to make up for aII our graveIess reIatives.

Let me teII you something.

My soIe responsibiIity here is to uphoId my oath to the Constitution...

and not to any government poIicies or personaI causes!

[ Sighs ]

[ Spectators Murmuring ]

Mr. PaImer, wiII you pIease approach the bench?

Sir, this court rejects out of hand...

any notion that these defendants have no rights here,

and unIess and untiI a different United States judge for BerIin presides here,

the Constitution wiII remain in fuII force and effect. Your Honor--

I'm caIIing your bIuff, Mr. PaImer.

Ifthe occupationaI authorities do not bring a jury of BerIiners into this courtroom,

I'm going to be forced to set these peopIe free.

You know, I--

I aIways thought itwouId be different here in the West.

Hans was aIways so optimistic.

It is different here.

Not perfect,

but at Ieastwe can try to make our system work.

Countries don't care who they hurt.

What is the difference between one system and the other...

when you have nothing?

I'm sorry.

I know you--

you're reaIIy a very good man and you're trying to do everything for Marina and me--

PIease, Sigrid, Iet me do it. Let me show how you were tricked into making your confession.

No.

Don't you see that these Russians are here?

They're in court. They see everything. They Iisten, they watch.

There's no hope for Hans ifthey know how he heIped us.

- It's bound to come out sooner or Iater. - Okay, but not through me.

It's our onIy defense, Sigrid.

Then I have no defense.

I wouId rather go to jaiI forfour orfive years than to hurt him.

Butwe... PIease, you respect that!

don't know that it's four orfive years.

We couId be Iooking at a sentence of 15 years. Doesn't matter.

Oh, for God's sake!

Save me from stupid seIf-sacrifice!

TeII me something, Sigrid.

WiII your sense of honor and virtue feed your daughter, put a roof over her head?

WiII it keep her company for 15 years?

WiII Hans want you to do that?

I don't know.

I just don't know!

You wanted to see me?

Yes. Thank you.

Your newspapers here-- how accurate are they?

SurprisingIy accurate, I'd say,

especiaIIy regarding this particuIar triaI.

So I can beIieve that Sigrid has not so far brought up my name?

Her siIence may be an attempt to protect me.

That's an act of Iove I can't accept. She must teII them.

And you think that'II set you free? No.

I'm worried for her. I'm worried for the chiId.

- But you wouIdn't understand that. - ReaIIy?

You are too pragmatic, you peopIe.

''From each, according to his abiIity.

To each, according to his need.''

Sounds so simpIe, beautifuI.

Butwhere inDas KapitaI does it speak of Iove?

I'm not sure what KarI Marx had in mind, but I know this isn'twhat God intended.

- God taIks to you? - No. I just feeI with him.

Perhaps we have more in common than you know.

Then heIp me.

I have written a Ietter to her.

You can read it ifyou wish.

It asks her to teII the truth, to save herseIf.

Nothing more. I cannot do that, Herr Schuster.

I'II teII you who suppIied me with the passports, papers,

the forgeries-- everything!

- Herr Schuster, how do you thinkwe found you? -[ Knocking ]

[ Keys jangIing ]

Now, Mr. HeIIring.

I understand that you wish to have the statement of November 28 suppressed.

Is this true? [ HeIIring ] Yes, it is, Your Honor.

Very weII. I wiII hear your arguments, sir,

but I hope it is possibIe for you to accommodate the sensibiIities ofthis court,

or perhaps, more accurateIy, this judge.

Your Honor, you'II forgive me...

if I don't, uh, quite comprehend your meaning.

Then I shaII be even and direct, sir.

I hope there wiII be no more Iong and flowery speeches, Mr. HeIIring.

- just simpIe, decIarative sentences, okay? - [ ChuckIes ]

Your Honor, I wiII attempt,

with the greatest difficuIty,

to controI my use ofthe Ianguage that I Iove,

a Ianguage that embeIIishes the Iawwith grace notes.

Let us get on with it, pIease.

I'II try, Your Honor. Thank you, Mr. HeIIring.

Why do you wish to have the statement suppressed?

Your Honor, I have in this hand a statement, a confession.

And in the other hand-- [ ChuckIing ]

And in the other hand, I have a transcript...

ofthat same confession,

but incIuding the Ieading and coercive questions concocted by the interrogators.

PIease remember your promise to the court, Mr. HeIIring.

Now, are you teIIing me that that statement was not freeIy given,

that Mrs. Radke did not come in voIuntariIy...

to cIear the air, as Mr. Sherman assured the court?

Take note, Your Honor, of how simpIe and decIarative I can be.

Yes.

- Objection, Your Honor. - OverruIed, Mr. Sherman.

- How dare Mr. HeIIring-- -Mr. Sherman, you are overruIed.

PIease sit down.

- Who presided over this interrogation? - CoIoneI Patrick j. HeIIer.

Mr. HeIIring, that transcript must be produced and marked into evidence.

But, Your Honor, I'm afraid I cannot.

- Mr. HeIIring? - My cIient-- I think itwouId be appropriate.

Mr. HeIIring, I order you to show me that transcriptnow.

- No, but-- - [ Spectators Murmuring ]

Excuse me for a moment, Your Honor.

[ Whispering ] Sigrid, I'm sorry, but there's nothing I can do.

The judge has ordered me.

Madam, I'm compeIIed to inform you,

regretfuIIy, of course,

that even ifyou continue to sacrifice yourseIf, there can be no guarantee...

that the information contained in this transcript...

wiII not be reveaIed during Mr. ThieIe's part ofthe triaI.

Do you cIearIy understand this? Yes.

Very weII. Mr. HeIIring, you may reexamine the witness.

When Mrs. Radke was in custody, did she correspond with the outside worId?

Yes, I beIieve she wrote some Ietters.

You beIieve? You had copies made of every one ofthem. Isn't that true?

[ PaImer ] Objection, Your Honor.

Ifyour objection is vaIid, Mr. PaImer, you have nothing to fearfrom this question.

PIease answer it, CoIoneI. Yes, I did.

You had copies made of her Ietters. With her approvaI?

She knew I was gonna be reading her maiI. She didn't know I'd be making copies.

On whose orders? I was instructed by Mr. PaImer to review aII her maiI.

Why? We were afraid she wouId reveaI her Iocation.

You mean she was not permitted to teII anybody where she was being kept?

We kept her Iocation a secret for her own security, sir.

You feIt she was in danger here in TempeIhof?

A U.S. miIitary base? Yes, sir.

- Dangerfrom whom? - From the East Germans, sir.

PIease continue, Mr. HeIIring.

I have here a page from the transcript...

ofyour November 28 interrogation of Mrs. Radke.

What page is that, Mr. HeIIring? Page 13, Your Honor.

Thank you. This is you speaking.

''We understand what you went through when the papers did not come.

''You thought that Hans had been arrested and the hijacking--

the hijacking is not such a bad thing.''

When you said this, were you trying to persuade her...

or induce her to confess?

My motive was to instruct her as to what information we had about Mr. Schuster.

Excuse me, CoIoneI. Mrs. Bauer,

I want that Iast question repeated, pIease.

I want you to Iisten very carefuIIy to that question before you answer again.

[ Bauer ] ''When you made this statement,

were you trying to persuade her or induce her to confess?''

CoIoneI, do you now, under oath,

read those words as an inducement?

- I can't hear you. WouId you mind speaking up? - I said yes. Yes, I do.

I shouIdn't have used those words.

Itwas a poor choice ofwords on my part.

And do you nowfind this sort of inducement consistent...

with the duties of an officer of the U.S. Department of Defense?

No.

- No more questions, Your Honor. - Thank you, CoIoneI. You may step down.

I find it to be a fact that the United States heId a defendant,

Mrs. Radke, because they suspected that she was in Ieague with the defendant, Mr. ThieIe.

And I find that without enough evidence to formaIIy charge her,

they nonetheIess continued to hoId her and her chiId in iIIegaI custody.

This court aIso finds that the defendant, Mrs. Radke,

was unIawfuIIy and unconstitutionaIIy induced by CoIoneI Patrick HeIIer...

to give statements that she expIicitIy did notwish to give.

AccordingIy, the court ruIes that the statement given...

on November 28, 1973,

may not be used in evidence against the defendant.

[ GaveI Pounding ]

And that it must be suppressed.

Ifthe prosecution can make a case against Mrs. Radke without her statement,

Iet it do so.

If not, the case against her wiII be dismissed...

and aII restraints upon herfreedom wiII be discharged.

[ Excited Chattering ]

Your Honor? Yes, Mr. PaImer? What is your pIeasure?

WhiIe the United States occupation authorities beIieve that the court's order...

regarding the defendant's constitutionaI right to a triaI byjury...

are not correct as a matter of Iaw,

they nevertheIess want to move these proceedings to a resoIution...

and they wiII, therefore, endeavor to give effect to the court's order.

Responding with one simpIe word, Mr. PaImer,

do these defendants get a triaI byjury?

Yes. [ Cheering, AppIause ]

[ Marsha ] FeeIing pretty seIf-satisfied, aren't you?

[ Stern ] Yup.

A IittIe smug, maybe?

Yup.

You knew you'd win aII aIong, didn't you?

Nope.

Can you say anything but ''yup'' or ''nope''?

Nope. Yup.

Terrific. I'm married to Gary Cooper.

Nope. SpencerTracy.

[ Marsha ChuckIing ]

We are reconvened to hear a pretriaI motion to dismiss the case...

against Mrs. Radke.

Your Honor, at this time the United States wishes...

- to dismiss its case against Sigrid Radke. - [ GaveI Pounding ]

Mr. PaImer, I think she needs much more than that, sir.

Are you prepared to use your occupationaI authority...

to forbid the German courts from pressing any further charges against her?

Yes. Then the motion is granted.

- Mr. HeIIring. - Sir.

- The case against your cIient is dismissed. - Thank you, sir.

[ SqueaIs, Laughs ]

[ Chattering ]

[ Man On Radio ] An update on the TempeIhof hijack triaI.

FoIIowing the acquittaI of Sigrid Radke, her attorney, Bernard HeIIring,

has announced he'II stay on as ThieIe's defense.

We Russians have no heritage of common Iaw...

with its habeas corpus:

no historicaI traditions of pubIic poIiticaI debates.

Power is power, quite simpIy,

and a triaI is nothing more than anarchy.

This judge, this man Stern,

why is he so ungovernabIe?

This judge has a distorted sense ofwhat serves the best interests ofthe United States.

Notjust the United States. My government is worried, Mr. WiIde.

Worried enough to have put me on a pIane.

And before I embark once again, I expect us...

to have found a soIution thatwiII dissuade others from hijacking pIanes...

or other such acts ofterrorism.

ThieIe must be sentenced to a term in jaiI.

The record must show his crime was indeed a crime--

Even if I were to agree with you, Mr. Andreyev,

there is nothing I can do to force the decision of a jury.

What in the name of God is happening here?

You said you wanted 500 prospective jurors, judge.

I guess this is them.

These are Russian soIdiers, aren't they? Sure are.

What are they doing here? Waiting for us to strangIe in our own contradictions.

Steve, what the heII are these Russian soIdiers doing here?

They're here to intimidate the jurors.

Can't you do anything about that? No, sir.

Why not? 'Cause ifwe continue to cross into East BerIin,

then I can't stop them from coming.

You want more cops? No, for God's sake. No more bodies.

just get everybody inside. AII right. Everyone in. Let's go.

[ Stern ] Is this working? [ Man ] Yeah.

Ladies and gentIemen, weIcome to the United States court for BerIin.

[ TransIating In German ]

Under our system ofjustice, a jury, and a jury aIone,

has the power to decide what has been proven...

and what has not been proven in a court of Iaw.

OnIy those peopIe who are chosen jurists,

the 12 men and women randomIy seIected from the community,

wiII have the right to decide the facts ofthis case...

and, based upon those facts, determine the guiIt or innocence ofthe accused.

[ HeIIring ] Ladies and gentIemen ofthe jury,

we are here so that you can determine...

the guiIt or innocence of a man.

Now, is this a man with criminaI intent?

Is this a man who couId steaI,

who wouId kiII?

Now, what kind of a man is HeImutAIexanderThieIe?

[ Best ] You reaIize the PoIish crew-- the piIot and the stewardess--

they'II aII testify.

Yes. It's good. They wiII teII the truth.

I didn't come to West BerIin to give the kind offaIse confession...

they take in the East.

I want the triaI the judge said I couId have.

I want to be judged by my own peopIe.

[ Wiszevski ] He was standing over her.

[ Sherman ] The stewardess, you mean? Yes. Beata Levandovska.

He was hoIding her by the hairwith one hand,

and in his other hand he was hoIding a pistoI at her head.

And what did he do then? He demanded thatwe Iand in West BerIin.

If his demands are not fuIfiIIed,

he wiII shoot Beata Levandovska.

Captain, can you in this courtroom see the man who heId the pistoI to Beata's head?

He is there.

Let the record show, Your Honor,

that the witness has identified HeImut ThieIe. Very weII.

Go on, Captain. What did you do then?

First I began to anaIyze the situation,

then I decided to fuIfiII the request.

The demand to Iand at TempeIhof.

And, Captain, why didn't you Iand at SchoenefeId anyway, as you were scheduIed to do?

Nobody gave me nor can give me...

neither a moraI right nor a written Iaw...

authorizing me to risk the heaIth and Iife...

of passengers entrusted to me.

Of course, Captain.

At the moment I feIt a sharp jerk.

Somebody puIIed me by the hair.

I feIt something-- some hard object being pressed firmIy to the back of my head.

- So I couIdn't move. -And what did you hear?

I heard the man demand thatwe fly to West BerIin.

He said, aIso, that I shouIdn't move.

If I move, he wiII kiII me.

And unIess the crew does as he says, he wiII kiII me too.

Where was the gun? Pointed at the back of my head, the whoIe time untiI we Ianded.

And this gun thatwas pointed at the back ofyour head...

for those interminabIe moments,

do you knowwhat gun itwas,

what sort of gun itwas?

I don't know. I couIdn't see the gun.

He was hoIding it to the back of my head.

TeII me, how did that make you feeI?

I was-- I was terrified.

[ HeIIring ] Miss Levandovska, you said that Mr. ThieIe...

heId you by the hair whiIe he kept a gun pressed against your head.

Now, was this the whoIe time?

Yes, itwas the whoIe time. UntiI you Ianded at TempeIhof, right?

Yes. That's right. And where was Mr. ThieIe standing?

Uh, he was standing behind me. Behind you?

Behind me. Uh, Mr. Best, wouId you mind, pIease?

Thank you very much. Your Honor, if itwouId not offend the court,

may I, uh-- Yes, of course, Mr. HeIIring.

Thank you, sir.

Like this? Uh, is this the way he heId you?

Yes, itwas Iike that. Yes. And during this time, were you smoking a cigarette?

Yes, I did. Yes. Whose cigarette?

Mr. ThieIe's cigarette. He didn't aIIow us to smoke our own.

Yes. And was anybody eIse smoking?

Yes, the steward, Mr. GavIik and Mr. ThieIe.

He smoked too. He did?

Yes, he did.

And, uh, these cigarettes-- Where did he keep them?

Uh, in the pocket. In his coat pocket.

Uh, did, uh-- did somebody eIse take them out for him?

Yes, itwas the steward, Mr. GavIik.

He took the cigarettes out ofthe pocket.

And who Iit Mr. ThieIe's cigarette?

I did. Uh, Mr. ThieIe was stiII behind you,

hoIding your hair in one hand and the gun in the other, and you Iit his cigarette?

That is right.

Uh, is it true that when Mr. ThieIe was asked...

why he was hijacking the pIane,

he said he was doing it for his famiIy?

- Is that true? - Yes, that is true.

Now, when he said this, did he aIso show any pictures of his famiIy?

WouId you, uh, Iike the question repeated?

[ Nervous ChuckIe ] No. He couIdn't show us the picture...

because, uh-- because he was hoIding me the whoIe time.

He asked Mr. GavIik to Iook for the pictures in his waIIet.

Uh, excuse me, Mr. HeIIring. Madam, maybe I'm not hearing this correctIy.

You say he was standing behind you,

hoIding your hair in one hand and he had a gun in the other?

Is that correct? Yeah, that's correct.

Then can you expIain how he managed to pass the cigarettes around...

and give this other man his waIIet?

Did he have more than two hands at the time?

I do not know how he did it. I had my back to him.

So sorry I missed. Oh, that's aII right. What's so urgent?

Remember those three gentIemen in court today?

The one who seemed to make the PoIish crew so fuII of discomfort?

Yes. I've done some snooping.

Mr. GavIik, you testified that Mr. ThieIe...

entered the, uh, gaIIey ofthe airpIane brandishing a gun...

and yeIIing that he was gonna shoot Miss Beata Levandovska.

Is that right? Yes, sir. That's correct.

And where were you at the time? Um, in the gaIIey.

Uh-huh. And where was Miss, uh, Levandovska?

Um, she was in the gaIIey too.

You seem a IittIe nervous, Mr. GavIik.

Is there somebody in the pubIic gaIIery that you know?

No. You sure?

Yes. Uh-huh.

Uh, do you know a man by the name of RoIand AIeksandrovitch?

I know him onIy by name.

Uh-huh. And do you know him to be the prosecutor generaI from Warsaw?

Yes.

WeII, is he in this court?

I don't know.

You don't know? Right.

WiII Mr. RoIand AIeksandrovitch pIease rise?

Objection, Your Honor. Who may or may not be in the gaIIery has IittIe bearing.

OverruIed. Go on, Mr. HeIIring.

WiII Mr. AIeksandrovitch stand, pIease?

Now, is this the man you know to be...

RoIand AIeksandrovitch?

Yes. just a moment, sir.

Have you ever discussed your testimony with him? No.

Never? No.

Anywhere? No, sir.

You cIaim to know him onIy by name.

Do you deny coming to the courtwith him today?

Do you deny that he brought you from PoIand and wiII take you back again?

Objection. I have no more use for this witness, Your Honor.

His credibiIity speaks for itseIf.

You gotta hand it to Bernie and judah. They're kicking the government's ass.

You've booted some butt yourseIf, Your Honor.

They didn't Ieave me any choice.

Oh, they make it hard to resist. Can you bIame me?

[ Laughing ] What's the defense gonna be?

That ThieIe was justified in the hijacking...

because he was going to be iIIegaIIy arrested if he Ianded in the East?

That's a good question, Bruno, but the reaI probIem for the defense...

is whether or not to put HeImut ThieIe on the stand.

How can they have a defense if he doesn't testify? Keep your eye on thatwoman.

I had known him for many years,

and I aIso knew that he desperateIy wanted to go to West BerIin...

to see his IittIe boys.

His wife Maria, she was PoIish.

She had Ieft him two years before and had taken the two boys with her to West BerIin.

So HeImut feIt miserabIe without them.

And Mrs. ThieIe never brought the boys back to see theirfather?

No, never.

[ Sighs ]

WiII you now teII the court and the jury...

exactIy how HeImut ThieIe became invoIved with the escape?

My friend from Hamburg had the pIan...

that first I wouId go aIone.

But I was terrified. I had my chiId with me, and it's so dangerous.

So with a friend I wouId feeI safer.

I asked HeImut, and he said yes.

So you both went to Gdansk together,

and that is where yourfriend with the forged papers faiIed to show up?

Yes.

We knew something terribIe must have happened.

He said he's been imprisoned, he's arrested.

They caught him. Nowwe are finished.

And the same thing wiII happen to us too.

And that's when the pIan was hatched?

I'm sorry. I don't know what ''hatch'' means.

[ ChuckIes ] And that's when you made the hijacking pIan?

Yes. We are very frightened.

We don't knowwhat to do. We waIk. We argue.

We are at the flea market when I recognize that my daughter has Ieft.

So I see her staring onto something in the stand behind us.

Marina! Then she says, ''Mama,'' and I went back to her.

I see a gun. She points at it.

I see a gun, a toy gun.

SuddenIy HeImut had the pIan thatwe shouId buy the gun,

sneak it on the pIane and use it then...

to divert the pIane to West BerIin.

I say, ''It's crazy. We don't have any money, so how can we buy the gun?

''And ifwe have the money, how can we get the gun on the pIane?

And ifwe have it on the pIane, how to hijack a pIane with a toy? That's crazy.''

But he says, ''For money,

we shaII seII aII the cIothes we don't need at the flea market.''

[ Chattering In German ] So soon we have enough.

He buys a bearfor Marina,

and I see the gun cIose up for the first time.

It's so smaII. Itwas absoIuteIy crazy.

I teII him we can't do it, but he says not to worry: itwiII work.

WeII, how did you expect to get the gun through the customs?

-Oh, that's my fear. - [ Buzzer Beeping ]

Security guards brought us to the private rooms where we are searched.

[ HeIIring ] And that's when the gun was found?

[ Sigrid ] Yes. The woman found it.

My heartwas ready to burst, but she gave it back to Marina...

and teIIs her to be carefuI with her toy.

Frau Radke, you've stated this gun doesn't Iook reaI to you.

Is that correct? Yes.

Then why did it Iook reaI-- the same gun-- to Beata when ThieIe heId it to her head?

I don't know-- Why did this same gun Iook reaI to the piIot...

WeII, I just toId you-- as he tried to Iand a pIane fuII of innocent passengers--

The prosecution is harassing the witness.

Your Honor, it doesn't matterwhether this gun Iooked reaI or not--

GentIemen, pIease.

There's been an objection that I've not had a chance to ruIe on.

Mr. HeIIring. It has aIready been weII estabIished,

Your Honor, that Mrs. Radke did not set foot in the cockpit.

So how couId she know what anyone was thinking?

Objection sustained. Thank you.

The witness wiII not answer the question. The jury wiII disregard it.

PIease continue, Mr. Sherman.

Mrs. Radke, in whose cIothing was the gun hidden?

In my daughter Marina's coat.

Why? Why, Mrs. Radke? Why did you use your own chiId?

I didn't use my own chiId.

I had to go through the customs to fooI the customs peopIe.

Beside ofthat, itwas just a IittIe toy. It doesn't Iook reaI.

What is wrong with a chiId with a toy?

Whose idea was it to use the seven-year-oId chiId?

Itwas HeImut's idea.

One Iast question. The defense has estabIished and the court has ruIed...

that you had nothing to do with this hijacking,

that, in fact, you never even set foot in the cockpit.

Yet you did hand ThieIe the gun,

and you did know what he was going to do.

The desperate act of a desperate man.

And you knew there was danger--

for the passengers for the crew, for your own daughter.

Why did you do nothing to stop him?

Because itwas not possibIe.

Thank you.

HeImut, at-- at the courtroom,

you reaIIy have to beIieve me, I didn'twant to--

PIease, you have to say the truth. This is okay. This is good.

But I was so confused.

They aII toId different stories-- the piIot, the stewardess.

At the end, I didn't know what's true and what's not true.

As you say, you couIdn't see.

HeImut, pIease--

You remember on the pIane when I toId you to give me the gun?

Yeah. This was a moment I say to myseIf, ''This is it,''

and I go to the front ofthe pIane.

They were ready to Iand at SchoenefeId.

So I point the gun at the girI and say--

Take me to West BerIin, or I wiII shoot her.

So it's true? You pointed it?

No, no. I didn't hurt her. I didn't hurt anybody.

I can't. I was totaIIy nervous.

BeIieve me.

[ Duck Quacks ]

[ Speaks German ] Good, Guenther.

Do what you must do, but try to keep our name out of it.

Mr. HeIIring.

Yes? PIease, I must taIkwith you.

WeII, who are you?

I was on the airpIane with HeImut ThieIe.

[ HeIIring ] Our Iastwitness, Your Honor, is a refugee from East Germany.

[ Stern ] You may proceed.

Now, sir, on August 31 , 1978,

you and yourwife and chiId were passengers on LOT flight 165.

Is that correct? ja.

Yeah. And when the pIane Ianded at TempeIhof,

you both took advantage ofthe moment to defect? ja.

But you were Ieaving yourfamiIy, everything behind you--

yourfamiIy, yourfriends, possessions, yourwork.

And howwere you empIoyed?

Uh, I-I worked as a typesetter in the day,

and at night I was a student.

But I was expeIIed.

Why? I studied the German romanticists--

Heine, SchiIIer--

and then the French existentiaIists-- Camus and Sartre.

Then I write a term paper. Itwas criticaI ofthe party Iine.

Had you ever before had the impuIse to defect?

Oh, yeah. I was one oftwo chiIdren--

myseIf, my oIder brother Peter--

and we grew up in East BerIin, very cIose to the waII.

Uh, we aIways hated the waII.

We wouId aIways, uh,

dream of going over.

And one night about eight years ago,

uh, we decide to escape.

And we say good-bye to our mother.

We are praying that we wiII be together again, a famiIy again.

And at night, uh,

the bIood was pounding in my head.

Oh,mein Gott,howwe ran.

And we were running, and my brotherwas faster than I.

And he got to the waII,

and I, uh, I faII very hard...

and I twisted my ankIe.

And, uh, then...

I hear shots,

and I Iook up...

and there is a--

bang, bang, bang--

and a Iong, tortured scream.

It's my brother screaming...

and faIIing.

And then, uh, the dogs--

I hear these dogs.

They are growIing, making the horribIe noises.

Then nothing.

SiIence,ja?

And what couId I do? Nothing.

- For this I was arrested. - How oId were you?

Seventeen.

And you were imprisoned for how Iong?

Oh, uh, one years and three months.

You toId me that ifyou had been successfuI in escaping to the West,

you and your brotherwouId've bought your mother's freedom.

Have you done that? No.

They said that she wouId possibIy...

be aIIowed to join us, uh, when she became 65.

Yes. Objection, Your Honor. WouId Mr. HeIIring pIease--

[ Sherman Continues ] Your Honor, I am mereIy trying...

to define the character and credibiIity ofthis witness.

Objection sustained. WiII you pIease get to the point, Mr. HeIIring?

WiII you teII us now, pIease, to the best ofyour recoIIection,

exactIy what happened on that airpIane?

Uh, okay.

Uh, when we are about to Iand in SchoenefeId,

I'm in the restroom, and I come out...

so I am very cIose to the cockpit.

And I can hear inside a very strange--

is, uh-- a conversation.

Uh, a man's voice says, uh, uh,

''This is a toy, this gun.

Why do you do something crazy Iike this?''

And another man's voice says,

''My chiIdren are in the West, and that is where I must be.''

And then he says,

''I have of my chiIdren pictures.''

WouId they Iike to see them? And I think they say yes.

And, uh, then, uh-- Oh, yes.

Uh, someone says, um,

''Do you have a Iight?''

And I think they are smoking cigarettes together.

I sense that they are in sympathy with this man...

and are considering schauspieIern--

uh, uh, to pIayact...

with him in this hijacking, and thatwe are on the ground here at TempeIhof.

And this man comes out. He says, ''You are free.''

And... I Iook at my wife.

I'm thinking aII these things,

um, that I have toId you,

and of my brother and my mother.

And my wife, she's thinking the same.

So we are decided.

[ CIears Throat ] Is there anything eIse you wish to add?

I... don't know how to say...

aII that shouId be said.

I want to thank so much...

Mr. ThieIe forwhat he has done for us.

He was abIe-- He had the courage...

to do whatwe aII have thought to do.

This is aII I have to say.

Ladies and gentIemen ofthe jury,

you have obviousIy reaIized that this is a unique triaI.

The court isAmerican, yetwe are here in Germany,

in BerIin, and the defendant, HeImut ThieIe,

is a German.

Now, you are Germans. I'm a German.

And we Germans do not need any additionaI evidence...

as of how many peopIe want to Ieave the East...

orwhy those peopIe want to Ieave.

I don't have to teII you why. They want to be free.

Butwhat is freedom? What does it mean?

Can you see freedom? Can you hearfreedom?

I say yes. Yes!

I say that each and every one of us has the right,

the duty to reach out and grab it, ifwe can.

Does it reaIIy matter what motives Mr. ThieIe might have had?

We are toId from the defense about Mr. ThieIe's sons in the West.

Yes, we aII have sons. We aII have famiIies.

Yet did Mr. ThieIe for one moment...

think about the 68 innocent peopIe...

whose Iives he was putting in jeopardy?

Did he think abouttheirchiIdren?

The fact ofthe matter is that as human beings...

we care what happens to another human being.

And we care above and beyond our moraI beIiefs...

because-- because we're required to care.

Let us feeI sympathy. Let us feeI compassion.

Let us show understanding for aII ofthis.

But in the midst of aII our sympathy, compassion and understanding,

Iet's not forget that HeImut ThieIe...

hijacked an airpIane.

And ifthe defense weren't brandishing the word ''freedom'' whenever possibIe,

anotherword might come to mind: ''terrorism.''

A deIiberate attack on the safety of civiI aviation.

And nowhere in the worId-- nowhere-- is the protection of civiI aviation...

as important as it is here in West BerIin,

especiaIIy after the airIift.

So for that reason and aII ofthe other reasons we've shown,

you can have but one verdict.

Hijacking: guiIty. Taking a hostage: guiIty.

Depravation of Iiberty: guiIty. AssauIt: guiIty.

[ Spectators Murmuring ] IIIegaI possession of a firearm: guiIty.

WiII the foreman pIease rise?

WiII the defendant pIease rise?

Madam Foreman, has the jury agreed upon a verdict?

Yes, we have.

What is the verdict ofthe jury with respect to count one: hijacking?

- GuiIty or not guiIty? - Not guiIty.

[ Murmuring ]

Count two: depriving persons of Iiberty. GuiIty or not guiIty?

Not guiIty.

Count three: doing bodiIy injury. GuiIty or not guiIty?

Not guiIty.

Count four: iIIegaI possession of a firearm.

- GuiIty or not guiIty? - Not guiIty.

Count five: taking a hostage. GuiIty or not guiIty?

- GuiIty. -[ Spectators Murmuring ]

-SchuIdig? -ja, schuIdig.

[ Murmuring Continues ]

Thank you.

Madam Foreman, Iadies and gentIemen ofthe jury,

you have done aII that's been asked ofyou...

and yourwork is now compIeted.

I appreciate the sacrifice-- the personaI sacrifice--

that each one ofyou has had to make in order to serve here.

You are dismissed nowwith the gratitude ofthe court...

and with my own personaI gratitude as weII.

Sentencing wiII be Monday morning.

[ BaiIiff] AII rise.

[ Chattering ]

[ jet Taking Off]

[ BeIIs ToIIing ]

[ Door Opens ]

Herb? Yeah, it's me.

just out for a waIk. Sorry if I woke you.

I wasn't asIeep. Are you okay?

Yeah, I'm fine.

Our daughter caIIed.

Everything aII right at home? Mm-hmm.

She justwanted to know when we're getting back.

What'd you teII her?

I said a few days, I hope.

Guess what eIse. What?

She said they discussed you and theAdnesio case...

in her government cIass the other day.

ReaIIy?

And she was very proud.

WeII, I hope she'II be as proud...

when I sentence this poor son of a bitch next Monday morning.

The court, pIease. [ Stern ] Mr. Sherman.

[ Sherman ] Your Honor, the prosecution wouId find...

that a term offour years is more than acceptabIe,

and that is our recommendation.

You're asking me to give you this man forfour years?

Not to me, Your Honor. To your cIient.

Yes, Your Honor. To the United States government.

I see. Thank you, Mr. Sherman.

[ Sighs ]

This has been the most extraordinary case I've ever been invoIved in.

Not onIy have we had to baIance the safety of civiI aviation...

against fundamentaI human rights, not to mention compIex internationaI treaties,

but most extraordinary because we have had the judgment...

ofthe peopIe cIosest to the situation--

the free citizens ofWest BerIin.

And now it is my duty to honor and enforce theirjudgment.

ImmediateIy after I was appointed here,

the prosecution fiIed a brief arguing...

that basic constitutionaI rights did not appIy in this court,

specificaIIy the guaranteed right of due process.

They tried to teII this judge how he must ruIe.

They pIaced themseIves above the Iaw and tried to turn this court into a charade.

I ruIed that such a thing was not possibIe...

in any court where that flag stands.

And now, Mr. Sherman, Mr. PaImer, I'm Ieft to wonder,

who wouId be here to protect Mr. ThieIe's rights if I did give him to you forfour years?

Because I beIieve you reaIIy mean itwhen you say...

he has no rights and there is no Iimit to your power.

I am aIso Ieft to wonder ifthis city needs another judge who foIIows orders.

Therefore, gentIemen, no, I wiII not give this man to you under these circumstances.

WiII the defendant pIease rise?

Mr. ThieIe, I sentence you to time served.

You are a free man, sir.

[ Cheering, AppIause ]

Ladies and gentIemen, these proceedings are concIuded.

[AppIause Continues ]

Thank you. Whoo!

[ Dog Barking ]

CIosed-Captioned By Captions, Inc. LosAngeIes