All language subtitles for Raising the Bar s02e12 Beating a Dead Horse.eng

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They said you were under the
bridge at 125th and the FDR,

- a bunch of people doing heroin.
- They ain't get me with nothin'.

Looks like they got some other
people with drugs on them.

Not me.

I ain't new.

They charged you with appearing in a public
place under the influence of narcotics.

- It's just a violation.
- They arrested me and my friends,

keep us sitting in here two days
before we even see a judge on that?

Citywide crackdown on drugs. They're
putting everyone through the system

- It backs things up.
- Yeah, but they gonna just let us all go anyway, right?

Even with your record,
they won't hold you.

Should be time served. Maybe a couple
afternoons of substance-abuse...

blah blah blah.

In, out. In, out.

Whole thing's just a waste of my time.

So, we see that judge, get out today?

Yeah.

Good.

"Beating a Dead Horse"

They're really gonna take me to
trial? I was trying to save my horse.

You struck a policeman with your whip.
He had to have seven stitches

- They don't drop those charges.
- Now, that cop,

he was trying to pull me off Ophelia.

Ophelia. Right, the
horse you were beating,

hence the animal-cruelty and
resisting-arrest charges.

Ophelia had colic.

You got to get a horse with colic
back on its feet, or it could die.

That cop wouldn't listen.

Conviction of assaulting a police officer
can mean up to seven years in prison.

He goes in front of a
jury. He shows his scars...

I did hit him.

I did do that.

Look, all I care about

is my hack license.

I'll plead to hitting the cop,

to resisting.

I'll even do some time.
But my life is horses.

I'm a cabbie. That's what
we do in my family.

Help me get a plea that'll let me
get a new horse for my carriage.

Please. That's all I need.

Did you tell anyone about the colic?

That night, I tried to tell
everyone, but nobody would listen.

No, I know. After your arrest.

Only you. You said don't
tell anyone, so I didn't.

Good. Good.

Let's see what we can do.

He'll take misdemeanor assault?
That's supposed to stop a trial?

The guy horsewhipped a police officer
in front of a street full of witnesses.

- The "d" felony's a lock.
- Hey, I'm trying to be creative.

He'll even do a little time.
Just keep the number reasonable.

Did I mention the
street full of witnesses?

He is not gonna look like
the bad guy in a trial.

Trust me. Come on. The felony
will cost him his hack license.

Just make it the misdemeanor.
You get your conviction.

You get a sentence. He gets to keep his
license, which is what really matters to him.

Wait, wait, wait, wait.
Let me get this straight.

You want me to knock down felony
assault on a police officer,

resisting arrest, animal-cruelty charges

so that a guy who beat his horse
to death in the middle of Manhattan

can get his hack license
back and get a new horse?

Well, when you put it that way, it
doesn't sound like you're gonna say yes.

I don't think so.

Okay. See you in court.

Time served. Surcharges waived. Next case.

Docket ending 672. People of the
state of New York vs. Cynthia Lazarre.

Charged with 240.40 appearance in public
under the influence of narcotics.

Waive the reading, not the rights.

Same raid, judge. Same charge. Same offer
as the last five defendants... time served.

- Defendant pleads guilty?
- Yes, judge.

Time served. Surcharges waived. Next case.

Docket ending 674. People of the
state of New York vs. Eden R'mante.

Charged with 240.40 appearance in public
under the influence of narcotics.

Roberta Gilardi. Waive the
reading, not the rights.

Same raid, judge. Same charge.

Same offer as the other defendants?

Actually, your honor. We're not prepared
to make an offer at this time.

We need to investigate this case further.

Investigate what? The facts are
the same as all the other cases.

Your honor, there are additional
circumstances we need to look into here.

Judge, this is a violation. Will
the court offer time served?

If the people say there
are additional circumstances

to investigate, let them do so.

Then ROR her so she'll be out
pending this investigation.

Your Honor, Miss R'mante
has 9 prior arrests

and 3 drug convictions in
the last 18 months.

We ask for bail to ensure she doesn't
take off while we're looking into things.

- Your Honor...
- Bail is set at $1,000 cash.

What does that mean? They're keeping
me in? I ain't got no $1,000!

They let everybody go but
me. They can't do that.

- Eden...
- I need you!

Get your hands off me!

- Officer, take charge.
- Don't touch me!

Mark her card for medical attention.

Your Honor, I am begging
you! Please! Get off me!

Waive the reading, not the rights.

You can't treat a defendant differently
just because she happens to be pregnant.

I'm not treating her differently
because she's pregnant.

I'm simply choosing to investigate
a case prior to disposition.

Oh, bullshit. Come on.

No, you come on. Look, just say
hypothetically we have a drug addict

with a long list of priors and no
indication she can clean up,

and she's exposing her
unborn child to heroin.

I mean, if she winds up behind bars off
drugs for the rest of her pregnancy,

is that really such a bad thing?

You can't lock someone away
because of what she might do

to an unborn child.

She was under a bridge shooting
up with a dozen other junkies.

She is doing it. She can get medical
treatment in jail for her and her baby.

Look, just...

Take off your PD hat for one second
and think. As a human being

what's the best thing for everyone here?

The best thing is probably a
good treatment program outside.

Yeah, well, I'm sure that
worked great for her in the past.

She'll get a program inside.

You have no right to hold her, okay?
You can investigate all you want,

but we'll be back with the judge in
a day or two, and the law is the law.

She's not walking.

That what you sayin'?

Yeah, look, have some candy. It helps.

But that almost never happens.

It could get sorted tomorrow.
It could take longer.

I got to get out now!

You got anyone that can
raise $1,000 cash for bail?

Called my cousin.

She trying to get family to pitch
in, but $1,000? That's a lot of cash.

She's saying maybe a
week, but I can't wait.

- I know. I know it's hard.
- You don't know!

You don't.

I'm getting sick.

I got to get out. I can't
be dope sick in here.

Please. You got to get me out.

Transcripted by chamallow35 and honeybunny

www.Addic7ed.com

We still on for dinner?

Oh, what time is it?

Uh... almost 11:00. Come on.
Edward's is open till midnight.

- Can I ask a favor?
- Always.

I got Merton and Boyd both going
to trial. Roz says I'm too overloaded.

- We're all too overloaded.
- I know, right?

But, apparently, there's some rule you can't
have more than 115 cases pending at a time.

Ohh. Right. That rule.

I have to off-load a bunch of
cases before the trials kick in.

Can I give you the important ones?

- What do you got?
- Yes. Okay.

- Easy pleas. Tough clients.
- Check.

This is a trial, but there's about six
months worth of motions before it pops.

The only front burner is this.

Eden R'mante?

Wait, wait. You're dumping a violation?

Should have been out at arraignment,
but Ernhardt saw that she was pregnant

and decided to keep her in.

- She said that?
- She's too smart to say it, but...

There's no reason to hold her.

And she's hitting major withdrawal.
She needs to get out now.

She's got a cousin trying to
make the bail, but it's iffy.

And it's in front of Kessler,
so she's not exactly reasonable.

But Charlie is, and he's got her ear.

All right, so we need a great program,

something that Kessler can't turn down
without really embarrassing herself,

something bulletproof.

It's 11:00 at night.

Right. First thing tomorrow, I'm on it.

- Dinner?
- Thanks.

Dessert?

Absolutely.

Ernhardt.

- You spend the night here?
- Actually, yes.

I thought I recognized that outfit.

Hey, McGrath, check it out.

Ernhardt pulled an all-nighter. Someone
actually cares about the work.

Yeah, boss. The rest of us
are phoning it in at 8:00 a.m.

I'm just saying. All-nighter.

- Hey. What's the case?
- In public under influence of narcotics.

- You stayed up all night on a violation?
- Dedication, see?

She's 7 months pregnant and 9 priors.

Arrested shooting heroin
with a baby in her belly.

And you want to keep her
in to protect the baby.

Yes. But I cannot find
one case to support it.

- Can you charge her for the drugs?
- They're all tagged to other people.

I was thinking of charging assault
or attempted assault on the fetus,

- but the laws aren't there.
- What about endangerment?

There are no laws against
endangering a fetus.

- Well, there you go.
- It gets worse.

There's actually case law that
says detaing a pregnant woman

solely because of her drug
use is unconstitutional.

What would you do, McGrath, if
you cared to say up all night?

Well, the law's clear.

It isn't pretty, but it's clear.
Got to cut her loose.

Which basically means letting this
mother destroy her unborn baby.

I'm not saying it feels good, but we
don't make the law. We just enforce it.

Well, we're not allowed to keep her inside
'cause she pregnant and using drugs,

so we can't do that.

But there are plenty of
other enforcement options.

No, the law is a tool,
McGrath, not a ruler.

Forget all this.

Let me show you a totally different
idea. I think you're gonna like it.

Me and my girlfriend, we
come around the corner.

And I see this cabbie jumping
off his carriage.

The horse is laying on
the ground, collapsed.

And the guy's shouting at her. He's
screaming at the top of his lungs.

- What was he screaming?
- You know, "get up! Get on your feet!"

That sort of thing.

And he starts whipping it
right there on the ground,

over and over, cursing, calling it names.

Do you rember what names he was
calling the horse as he whipped her?

- Yeah. "Old mare. Lazy belgian."
- He called a belgian "lazy"?

Yeah, he used "lazy" a lot.

- While he was whipping her?
- Yes, sir.

- How long did this go on?
- I don't know. It wasn't like one hit.

It was a lot. I mean, he went on and on.

You said you heard the defendant screaming
at the horse while he was beating her.

- Yeah.
- Was the horse making any noises?

Oh, yeah.

I mean, you could hear that whip hitting.

And horse was making the most awful
sounds when that whip came down,

like a horse sound. Like "whinny"
you call it. You know? But

it was worse.

It was like screaming.

Yeah, it, uh...

It was horrible.

Thank you.

I arrived on the scene, and people
were screaming for the police.

So I pushed through the
crowd, and I saw this guy

whipping his horse on the ground.

And he was really whaling
on her. He wouldn't stop.

It was brutal. I'd never
seen anything like it.

What did you do?

I was in uniform, but I identified
myself as a police officer in a clear,

loud voice, and I ordered him to stop.

No. He continued, at which
point I approached him.

What did you do next?

I, once again, ordered him to stop.

And I placed an arm on his shoulder,
and with my right hand,

I reached out for his
wrist to stop the whip.

What did he do?

Well, he whirled around,
and he tried to whip me.

He's going for my face, too.

- I'm lucky I got my arm up in time.
- What happened?

Well, his whip hit my arm full force

and knocked my arm right into my face.

And at that time, the other officers
arrived, tackled, and subdued the suspect.

What happened to your arm
where he hit you with his whip?

It was bleeding, and I got seven
stitches. I still have a scar.

What happened to the horse?

Well, we called animal control

and NYPD horse patrol unit,

but the poor animal died before they got
there. It just died right in the street.

Thank you.

When you identified yourself as a police
officer, did Mr. Capulet say anything to you?

Oh, he was screaming a lot of things.

Among those things, do you recall him
telling you that the horse had colic

and he had to get her on her feet?

He wasn't telling me anything.
He was yelling like a madman.

So he didn't say,

"this horse has colic. We
need to get it on its feet"?

I told him to stop beating the horse,
and he was screaming like a crazy man.

I don't recall what he was screaming.

You don't recall him saying,
"she could die.

We need to get her up"?

No, I do not.

Are you a mounted officer, or do you
have traing in the field of horses?

- No.
- No.

So you wouldn't know the proper steps
to take to save a horse with colic.

And you wouldn't even know what a horse
looks like in that specific distress?

Well, I know what a horse looks like
when it's on the ground, getting whipped.

But you don't know horses.

And you didn't listen to this
horse's owner when he told you

what he need to do to save
his animal's life.

If anyone was an animal here, it
was the perpetrator, all right.

He was out of control and would not respond
to a direct request from a police officer.

He beat the horse. He
attacked me. That's that.

Michelle.

Eden R'mante?

- Isn't that Bobbi's case?
- Yeah, she's got two trials coming at her.

Punted to me.

- Oh, joy.
- All right, check this out.

I spoke to a friend at the
sandler center, pulled strings.

They agreed to put her in their
outpatient recovery program.

- Uh, I don't think so.
- You don't think so?

This is as good a program
as you could get.

I'm not convinced.

Look, Michelle, from a legal standpoint,
I didn't have to do any of this.

- She should have been out yesterday.
- You really think

a voluntary outpatient program
in the bronx and a halfway house in queens

mean anything to someone with her
history of drug addiction?

Look, Michelle, I'm trying to make this
easy. But I've got a great package here.

Kessler will have to go for it.
I don't need you to sign off.

- We'll see, won't we?
- Yes, we will.

With due respect, treatment is also
available at rikers.

This is a great program.

She's never stuck with a program before.
And while we investigate the case,

- we fear she's a flight risk.
- What is it exactly that you're investigating?

It's ongoing. We'll inform the court
when we've completed...

oh, come on! Your honor, we all know
what's going on here.

All I know, counselor, is the people
feel she's a flight concern.

And I'm disinclined to reduce bail
while there's an ongoing investigation.

All right, if you won't reduce bail,
your honor, my client will plead to the docket.

Release her to the treatment program.

Verify with them that she's complying
with every term and condition.

And if she's not, you can put her back
in jail.

Well, your client is entitled to plead
guilty.

Your honor, the people at this time
will be serving a 170-20 notice

that we will be pursuing this case
as a felony.

What?! What felony?

Details will be in the indictment
when we hand it down.

Well, that certainly changes things.

And because this case is now a felony, your
honor, the people ask that you increase bail.

Oh, come on. She can't make the $1,000
bail as it is.

Then it won't matter that in light
of more serious charges,

the court's increasing bail to $2,500
cash.

We'll hear more after the people file.
Next case.

- You got to get me out of here.
- I'll be back there in a second.

A 170-20?

Are you out of your mind?

I don't feel out of my mind.
Do I seem like I'm out of my mind?

You're manipulating the system to keep
a woman behind bars

because you don't like
that she's pregnant and using.

Oh, my God. I sound horrible.
How will I live with myself?

Look, I'm not trying to destroy this woman's
life. I'll deal this out at three months.

Deal what out at three months?!
What is the supposed felony charge here?

Not that we're obligated to say
until we file,

but it'll probably be conspiracy.

Oh. All right, yeah. Conspiracy?

We'll charge her along with the other
dealers who were selling under the bridge.

All right, Michelle, you have any
evidence at all for this?

We're investigating, aren't we?

Okay. Come on.

You know you have no case here.
You'll never get a conviction.

Maybe so. But your client will sit in
jail for 12 to 18 months waiting for trial,

or she can plead to 3 months
and be out in 2.

Until she has the baby.

I didn't say that, did i?

Come on, Jerry.
Don't make me take the hard line here.

Michelle, come on. If she has the baby
in jail, they'll take it away from her.

You know. You know that
the conspiracy charge is bogus.

If your client doesn't want
to take the deal,

we can settle the matter at trial
in 12 to 16 months.

Or I can take it to the grand jury and have
them kick it for the obvious crap that it is.

You want to take your pregnant, drug-addicted
client to the grand jury, be my guest.

Say Wednesday, 10:30?

Just talk to her.

Let her get methadone inside,

medical supervision till she has the baby.

I know she won't like it, but this is
the best path open to her right now.

Thanks to you.

Thanks to her!

My 21st birthday,

papi said it was time to get my own horse.

The whole family saved up.

We went to the stables, and there
was plenty of horses. But Ophelia...

...we just looked at each other, and
it was like we could communicate,

you know?

I said, "she's the one."

We worked together from that moment on.

Most cabbies have gimmicks. They sing
or they have patter for their tourists.

For me, it was always Ophelia.

She would just

look at a couple or a child,

and they would want to ride with her.

And how was her health
leading up to the incident?

She'd been a bit sick the week before,

nipping at her hindquarters,

eating a bit less.

Did you check her feed?

That was the first thing I did.

It was her usual, but I threw
it out, just to be safe.

Got her a new bag.

I kept her in the stable,
didn't let her work.

And then a few days later, she seemed
better, so I took her back out.

And she was better?

We worked three nights, and she was fine.

- And then that night...
- The night of the incident.

That night, she started
breathing real heavy,

nipping at her backside again.

I pulled over to the side
of the street. She...

She just collapsed.

And with those symptoms, what did you
think was going on with Ophelia?

Well, that's colic.

There's only one thing
you can do for that.

You got to get the horse back on its feet.

So you hit her with your whip?

A horse's hide is thick. And if they're
sick, they're not gonna want to get up.

You can't reason with them.

You got to get them up,

clear the blockage. That was
the only way to save her life.

So you were trying to save Ophelia's life.

Yes.

- And what happened next?
- A crowd starts to form.

I'm trying to save Ophelia,
and then, suddenly,

all these people are yelling, "stop
beating that horse. You're gonna kill it!"

One guy threatens to punch me.

And what happened when
the police officer arrived?

By then, I'm pretty frantic.

All these people are screaming.

The cop gets there, and
I'm like, "thank God.

Keep this crowd back. We
got to get my horse up."

And did the officer help
you keep the crowd back?

No. He says,

"put the whip down and step
away from the animal."

"Animal."

I'm trying to save her life,

and he just says, "step
away from the animal."

- Did you step away?
- I told him.

I said, "my horse has colic.

We got to get her to her
feet, or she'll die."

- Did he help you get Ophelia to her feet?
- No.

He grabbed me,

tries to pull the whip out of my hand.

This is the only thing that
I have to save my horse's life.

I push back.

I didn't mean to hurt him. I just...

I didn't want to let her die!

- You didn't mean to
hurt Officer Gafferty. - No.

- But you did hit him.
- I guess so.

You guess so?

Well, you heard his testimony.
You saw his scar. You were there.

- I was focused on saving my horse.
- With your whip.

Yes.

Could you please tell the
court, what is this whip made of?

- Leather.
- It's actually steel and leather,

isn't that right?

The handle and the top of the crop
have steel under the leather, yes.

And how long is this
steel-and-leather whip?

5 feet.

So, when Officer Gafferty told you to
stop beating your horse and step away,

you responded by hitting him with a
5-foot, steel-and-leather whip.

I didn't mean to. I just wanted
them all to let me get my horse up.

Thank you.

Do you have a particular
specialty in your practice?

I specialize in large
animals, specifically horses.

And as a specialist, if you saw a
horse nipping at her hindquarters,

breathing heavily, and then collapsing,

would there be a particular
diagnosis that might jump out?

Anyone experienced with horses
would suspect colic right away.

And as a veterinary doctor,

could you tell us what one would do
to help a horse in that circumstance?

If a horse is collapsed, the immediate
danger is a blockage that can't clear.

- You have to get the horse on its feet.
- How would one do that?

isn't gonna want to get up,
so you use your whip.

But doesn't whipping hurt the horse?

So does slicing open a person's throat,
but that doesn't stop a doctor

from performing an emergency tracheotomy.

Medicine can be invasive and painful, but
we do what we have to do to save lives.

So, in your medical opinion,

Mr. Capulet was doing everything
he could to save Ophelia.

Absolutely.

And the crowd and police
officer who tried to stop him?

I'm sure that they thought
they were doing good.

But when they stopped an experienced
horseman from treating his animal, well,

those do-gooders are probably
the reason that horse died.

Isn't it right to protect an unborn child?

Yeah, but how far do we go with that? Do
we put women in jail if they drink wine?

- What if they smoke?
- Or don't take prenatal vitamins?

I'm okay with drawing the
line at shooting heroin.

What about constitutional rights, subverting
the system to keep someone in jail?

We all know that if the baby's born in
custody, it's gonna get taken away from her.

Oh, have you seen this woman's sheet?
I mean, it's not just drugs.

It's prostitution, assault. I mean,
what will this kid's life be like

- being born to a drug addict prostitute?
- That's social engineering!

We're not supposed to do that.

The system takes kids out of
bad situations all the time.

Yeah, Charlie, when there
are legitimate charges.

If family services takes the baby away,

it's because they determined
she isn't a fit parent.

And if she ever cleans herself up,
she can petion for custody.

It's not some grand
civil-liberties case, Jerry.

It's a woman being put on
bail set legally by a judge.

You're right. It is just a bail case.

- Thank you.
- So I'll be appealing her bail.

- What?!
- See you in the appellate division.

You could have jumped in back at the bar.
I wouldn't have minded the support.

I jumped in.

Not really.

I'm tired, Jerry.

I have two cases going to trial.

I mean, are you not with me on this?

If I were representing her,
I'd be right in there fighting.

But since I'm not and it's just us,

- I can't say it's an easy call.
- Not easy,

but her fundamental
rights are being violated.

Honestly, for me, it's not as black and
white. There's another life involved.

So you think that the child is better off
in the system than it is with its mother?

We're not having this conversation.

You dumped this case because
you don't believe in it.

I off-loaded a bunch of cases

because Roz said I needed to
clear my plate before trial.

No, no, no. You dumped this
case. You chose to dump this case

because you feel more for the
unborn child than for the...

I have defended pedophiles,
murders, and rapists.

I fight my heart out for every client.
You do not question my integrity.

Bobbi, Bobbi, I'm sorry.
I... I didn't mean that.

- Bobbi, you can't believe...
- No "buts," Jerry.

We may not agree on this
case. Can you live with that?

- I don't know.
- Well, figure it out.

Because if there is no room
for disagreement between us...

this... this is a defining issue.

The only thing it defines
is our relationship.

Either we're free to disagree and we can
be honest with each other, or we're not.

And what if we disagree about that? What if we
disagree about something important like this?

What do we do?

You know, I'm not someone who
just cools down about things.

I... I like that about you.

Come on.

- Take your pants off.
- What?

Well, since you're hot...

- I'm... I'm really pissed off about this.
- I know. We'll use it. Trust me.

Come on. Pants off.

Jerry Kellerman's actually gonna take
a bail writ to the appellate division?

Now, that sounds fun.

He's accusing us of colluding with
Judge Kessler to pervert the law.

That's why it'll be so much fun to go
to the appellate court and kick his ass.

I might even let you watch.

I actually pulled another all-nighter
getting ready for the arguments.

What arguments?

You didn't think I'd actually let you just go
argue a case at the appellate division, did you?

You'll come. You'll watch. You'll learn.

How dare he appeal my bail decision,

question my judicial integrity.

Did you see this?

I did.

He is saying that we manipulated
the system to keep someone in jail.

That is the most offensive
thing you can say about a judge.

- Well, isn't that what you're doing?
- Excuse me?

We all want what we want in this case.

But in here, between us, behind closed
doors, can we not just call it like it is?

Oh. Charlie, how is it?

You're doing what you're
doing to keep her in.

I'm not saying I totally disagree.

- Not totally disagree.
- All I'm saying is don't get all angry

at some defense lawyer just because he's
had the temerity to call a spade a spade,

- even if it may make us look bad.
- Doesn't make us look bad.

It makes me look bad.

I acted within the letter of the law.

I exercised my discretion in
a perfectly judicial fashion.

A pregnant drug abuser is behind bars.

Her unborn child is safer. I'm
not gonna apologize for that.

I'm not asking you to.

I'm sorry.

You know the problem with you and all
your friends is you're idealists.

You have no concept of how
idealism hurts real people.

Our founders were idealists, weren't they?

You want to be a judge?
It's about hard choices.

I thought you'd been around
here long enough to see that.

We make tough choices about real people.

This was my call!

Screw Jerry Kellerman for messing with me.

And screw you for questioning me about it.

There's a doctrine in
our law called "necessity."

It means that sometimes
in extreme circumstances,

you are allowed to violate a law

in order to prevent an even greater harm.

It's exactly what alberto
was trying to do...

prevent the horse that he
cherished and nurtured

and worked with for almost 20 years

from dying on a city street.

Alberto didn't want to
hurt a police officer.

He didn't aim to hurt a police officer.

He was solely trying to save a life,

a life he knew that only he could save.

By pulling Alberto away from Ophelia,

Officer Gafferty was
killing her as certainly

as if he was aiming his
service revolver at her head.

All that Alberto was trying to do

was to get him to drop the gun.

In a city of millions, survival depends

on certain inalterable rules.

Pull over when you hear a siren.

Listen when an officer
tells you to drop a weapon.

You don't get to ask
who's in the ambulance,

and you don't get to horsewhip
a New York city police officer

and blame horse colic after the fact.

Miss Whitman would like you

to acquit on the grounds of necessity,

to weigh the fate of a horse

against the scarred arm
of a police officer.

But that is a fool's comparison

because there was another way,

one that didn't involve scars or
horsewhips or arrests or death.

Mr. Capulet could have
simply taken 10 seconds

to explain what he was doing and why.

But he didn't.

And whether or not he
was right about his horse,

he was wrong to resist arrest

and criminal for turning a whip

against a New York city police officer.

The D.A.'s office and court
are using excessive bail

to do something the statutes won't allow.

They're keeping a woman
in jail to protect a fetus.

That's quite a charge, counselor.

What evidence is there that the
bail is pretextual or excessive

rather than reasonable?

Of the six people arrested
that night on identical charges,

all got time served but her.

- Perhaps their backgrounds
weren't comparable. - Well, actually, Your

Four of the other six have
records worse than Miss R'mante.

How about other factors that

justify the disparate treatment?

Miss R'mante has family
in the jurisdiction.

She's returned to court in the past.

She was originally charged
only with a violation,

and the prosecution has refused
to even consider a disposition.

Moreover, despite this
supposed felony investigation,

the prosecutor on the case
has made an offer of 90 days.

Miss R'mante is 7 months pregnant.

The offer is designed to
do only one thing...

to make sure that miss R'mante
has her baby at rikers Island.

Still,

you're asking me to find

that a judge knowingly acquiesced

in a overt lie by the D.A.'s
office and set bail

on an unsupported charge.

Your Honor, there's no other logical way
to look at it. The point of a pretext

is to subvert the law

and advance a personal or political agenda

and make it seem as if a prosecutor or
court is merely following that law.

I'm urging you to dig deeper,

to recognize a power play
for what it is...

...to see the truth behind the excuses.

Mr. Balco.

Mr. Kellerman speaks of a world he can't
imagine and has no business questioning.

Prosecutors are endowed with enormous
power and tremendous discretion.

We wield that power and exercise that
discretion every minute of every day.

We decide who to prosecute
and when to dismiss.

We and we alone decide
what kind of plea to offer.

A plea bargain is a gift, not a right.

To allow second-guessing on evidence this
flimsy is to undermine our critical role.

Charges like this, if sustained, would
invite every defendant unhappy with their bail

or disappointed with their
lea offer to cry, "pretext."

And it would open the floodgates
to a deluge of litigation.

Even entertaing the motion is an insult
to the professionalism of prosecutors

and the integrity of the courts.

We did what we did because we believe
it to be right and know it to be legal.

Nothing more, nothing less.

Will the defendant please rise?

In the matter of the people of the
state of New York vs. Alberto Capulet,

on the first count of the indictment
charging aggravated cruelty to animals

in violation of section 353-a of
the agriculture and markets law,

how does the jury find?

We find the defendant not
guilty, Your Honor.

And as for the second count of the indictment
charging assault in the second degree,

how does the jury find?

Guilty, Your Honor.

And as to the final count of the
indictment charging resisting arrest,

how does the jury find?

Guilty, Your Honor.

I presume you'll be bringing in
the usual sea of blue uniforms

to remind me how egregious
assaulting a police officer is.

- Well, that was kind of my plan.
- And you will give me the usual weepy story

of a struggling man supporting
his wife and five children.

- Actually four, Your Honor.
- Have a seat.

Mr. McGrath will demand the maximum.
Miss Whitman will cry for mercy.

I think we can save us all a little bit of time
if I just try to manage expectations.

Society demands that we respect the
authority of our peace officers.

If we do not, well, then
there's no order at all.

- Exactly, Your Honor.
- That said...

I grew up with horses.

My family could not afford its own,
but our neighbors, the Dawsons,

had a mare named Opal.

They would let me ride her
if I cleaned the stable.

I'm not ashamed to say that I cried
the night that she passed away.

I know what it's like to love your horse.

I cannot excuse anyone for
assaulting a police officer,

neither can I ignore the unique
circumstances of this crime.

So, while I will consider all of
counsels' sentencing memoranda,

I expect to impose a sentence of 5 years,

90 days to be served as incarceration
and the balance to be done on probation.

- Your Honor...
- I brought you in here for a preview,

not a debate.

When your client is released from
custody, he may return to my courtroom,

and I will consider granting him a certificate of relief

- from civil disabilities.
- Thank you, Your Honor.

Certificate of relief.
What does that mean?

It means you can get your hack
license back when you get out.

I can get another horse.

Thank you.

Thank you.

Eden, I got your message. What is it?

What is it, sweetheart?

- The message said, "urgent."
- You got to get me out of here, Jerry.

The appeals court will come back
in a matter of days.

You got to get me out of here now!
Listen to me. Listen to me.

If you need help getting into the jail
hospital, I can ask someone.

My baby's coming.
What?

My baby's coming.
You're in labor now?!

The baby coming! Don't let them
take my baby!

Please, Jerry! Don't let them take
my baby! - Guard!

Don't let them take it!

baby's coming!

how is she?

You heard?

She had a baby right in front
of the courthouse. Word spreads.

She okay?

They're taking her back
to the hospital at rikers.

Look, she can have time served.

You already had family services
file papers to take the kid.

Family services is doing what they do,

which is find the best course
for the child.

And if she had had her baby on the
outside, they'd be nowhere near her.

She'd be holding her baby
in her arms right now.

The woman is not ready to become
a mother.

I don't like it, but it's the best of
all the bad possible outcomes here.

I don't think so.

Well, if we agreed on things,
what would we have to do all day?

- This isn't a joke.
- I didn't say it was.

The addict gets time served, the baby gets
Foster care, and the bail writ is moot.

It's over.

It's tough to lose.

I know you didn't feel the same
about the case as I did,

but I'm glad you fought as hard
as you did.

I knew you would.

That's why I gave it to you.

Thanks.

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