All language subtitles for Law & Order s18e16 Strike.g

NARRATOR:
In the criminal justice system

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

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

(PEOPLE YELLING)

I'll call you
after my shift.

I might have to go
to a strategy meeting.

You sound like
you enjoy all this.

Just trying to make
the best of it.

Hey, I'll see you later,
okay, kiddo?

All right, ladies.
Let's make some noise.

Come on! One day longer,
one day stronger!

One day longer,
one day stronger!

Hey, you're crossing
a picket line.

You know what
that makes you? Huh?

(CROWD CHANTING)

One day longer,
one day stronger!

One day longer,
one day stronger!

Two weeks ago, I loved his enthusiasm.
Today, I want to shoot him.

If you need a lawyer, don't call me.
I'm on strike.

(CAR HORN HONKING)

They call this
the Teamster Crawl.

Frank, we talked about
blocking traffic.

Well, you think we're going to get
a fair contract singing Kumbaya?

You're right.

Listen, administrators started
using the delivery gate in back.

We need somebody to go over
there to hold down the fort.

Now you're talking.

Picketer versus car.
Guess who won?

His union brothers say it's Frank Dresner.
He's a paralegal.

Anybody see it happen?

Nah. He was working
this gate alone.

It's City Legal Aid
on strike.

We're lawyers,
not coal miners,

it's not supposed
to be like this.

Was there anyone that
gave you guys grief?

There was this guy
in a black Beemer,

flipped us off
every time he drove by.

Frank got into it with
him a couple times.

I have his picture
on my phone.

Find me that picture.
Don't leave.

What do you have?

Skid marks here.

Hey, what's up with that
security camera right there?

Oh, those Legal Aid bozos
probably screwed with it.

Bunch of jerks.

LUPO: This is why
I don't like strikes.

Safer to stay
on the job.

BERNARD: Here we go.

Ooh!

Looks like someone skipped
their anger management class.

What's he doing?

Great. Nice to
have the victim

pooch the investigation
of his own murder.

I'm a process server.
I'm on the clock non-stop.

And these lazy bums...

Anyway, I just bumped him.
I had no intent to hit him.

Why. he Saying I did?

He's not saying
much of anything.

I told you,
I barely tapped him.

Yup?

This is what he looked like 10
minutes after you tapped him.

I didn't do that!

Hey!

This front tire's brand new.
What happened to the old one?

I drove over
some nails yesterday,

going into
the courthouse.

The tire's in the trunk.
I'll show you.

Okay, I make out three in the
tread and one in the sidewall.

The guards told me
some of the picketers

put down a bunch
of nails yesterday.

See?
You believe that crap?

We still have to impound
your car, Mr. Matthews.

But how am I
going to do my job?

Get a bike,
and don't hit anybody.

If Mr. Dresner had
been hit by a Beemer,

he would've gone over the hood
and through the windshield.

He ran into
something bigger.

Judging from the height
of the bruises on his thighs,

it was probably an SUV
or pick-up.

What is this crud
in his wounds?

Automotive grease
and sand.

Sand?
What kind of sand?

Sand sand.

I'll find out.

I learned in
the Middle East

there are more than
31 flavors of sand.

Mmm.

(CELL PHONE RINGING)

Dresner's wife is here.

(SNIFFLING)

He was so
into this strike,

organizing, calling
people on the phone.

Yeah, everybody said
he was fired up.

Well, Frank didn't
want to go on strike

but the City wants
to cut healthcare,

and the cost of living
adjustment?

It's just not right.

You'll get
no argument here.

Did you talk to him this morning
while he was picketing?

Yeah, he called me.

He said he was
having a good day.

He even sent me a picture
he took of himself.

Can we see?

Frank worked hard
to become a paralegal.

It was a big
step up for him.

Here.

LUPO: "I'm a one-man
picket line, baby!"

Turns out these skid
marks are yaw marks,

left when the vehicle
swerved after impact.

Well, I don't see
any other marks.

It doesn't look like
the driver braked at all.

You print out that
picture of Dresner?

Yeah, what's up?

The sand
in his wounds?

It's cleaned hard-quartz
angular sand.

Golf course.

Right, the lab says it's the kind
of sand they use for golf courses.

Angular sand, so it grips the
ball when it lands in the trap.

Bunker,
it's called a bunker.

So the vehicle that
hit Dresner

may have spent some
time on a golf course.

Like a groundskeeper's
truck?

Yeah, something like that.
Sticking out of the back.

Those could be shovels,
rakes, gardening tools.

BERNARD: Can't make out
the license plate.

Check the security cameras
in the area.

Okay.

LUPO: Picketing's pretty
rough on these lawyers.

They're spending most
of their time snacking

and taking pictures
of each other.

(SCOFFS)

I'm getting you don't
like unions much.

What's not to like?

You got union dues, strikes,
corrupt union bosses.

The alternative's
a lot worse.

I don't know about that.

Let's take this crumb
for instance, right?

Let's say that's you.

And this soda can?
That's management.

Say you got a beef.
What happens?

But if you put
all us crumbs together,

we got something.

(CHUCKLES)

Union didn't do squat for my
partner when he got jammed up.

Ex-partner.

Right there.

Yeah, I see it.

(TYPING)

Suffolk County
Parks Golf.

Hmm, could be one of mine.
Huh, they all look alike.

Are all your
trucks here?

A couple are
out in the field,

some are at the county
garage for maintenance.

So what kind of accident
was this guy involved in?

He hit a parked car,

so he's going to have some
front end damage on his truck.

I didn't see any damage
on any of my trucks.

Any of your groundskeepers
take the trucks home at night?

It depends,
if they have to

pick up supplies in the
morning on the way in.

Mind if
we look around?

Free country.
Thanks.

Just so you know that in golf they're
called greensmen, not groundskeepers.

All right.
Thank you, Tiger Woods.

Be right back.

(EXCLAIMS)

Sure is hot out here
today, huh, fellows?

How you fellows doing?

My, my, my, look at these antiques.
May I?

You guys ever play a round,
after hours?

We sneak one in
every now and then.

I bet you're real good, huh?

Come on. Don't be modest, man.
What's your handicap?

My swing?

(LAUGHING)

I guess I should have saw that one coming.
Hey, thanks, guys.

Let's get back
to the house.

I got something
I wanna show you.

Ted Sanderson, he did nine
years for killing his wife,

until DNA evidence
cleared him last year.

The D.A. said
he bashed her head in.

He said he came home
and found her that way.

Turns out, DNA under her
fingernails didn't match his.

Sanderson was tried in the same
courthouse where Dresner was killed.

Did Dresner have anything
to do with the trial?

LUPO: No.

But Sanderson does drive
a white Suffolk County truck.

Hmm.

Okay, take a closer
look at him.

But... But go easy.

I don't want this looking like
harassment over his exoneration.

Mr. Sanderson.

Yeah?

It's okay, we just wanna
take a look at your truck.

Why mine?

Well, we're looking at all
the trucks, Mr. Sanderson.

Should I stay here or do
you want me to step back?

No, there's fine. We know
all about the bad break.

What happened? Looks like somebody
tried to hammer out a dent.

I don't know. It was like that
when they gave me the truck.

And the undercarriage.
It's been steam-cleaned.

The boss likes us
to keep them clean.

This is the best job I've had since I
got out. I don't wanna screw this up.

I hear that.
Day before yesterday,

where were you around
8:30 in the morning?

Heading to work.

They said you
showed up at 9:45.

I got a late start.

You weren't downtown in the city,
were you, around the courthouse?

No. I never wanna go
near that place again.

You have a nail
in your tire.

It didn't puncture, it's
just stuck in the tread.

See, the thing about this nail
is it's the exact kind of nail

that the picketers tossed on the
street around the courthouse.

Well, what do you have to
say to that, Mr. Sanderson?

Yeah,okay. You mean
Tuesday, right?

Mmm.

I took a wrong turn
off the Gowanus

and ended up on the
bridge into the city.

I got mixed up.

Let's do this. We have a nice,
big map back at the precinct.

Why don't we all
go take a look at it?

Yeah, I'll call atow
truck for its pick-up.

Hey, it's Bernard.
We need a tow.

1533, a white
Suffolk County truck.

Maybe they didn't cover
this in IAB,

but you should have left that nail
in the tire where you found it.

Who said
I found it there?

This is from the Beemer.

And it makes
one handy lie detector.

Coming off the Brooklyn
Bridge, that first left

would've put you on to Park
Row, not Centre Street. See?

I was just trying
to get on the bridge.

(sums)

Can I go home now?

You don't wanna
help us anymore?

I didn't say that. I just...
I don't like being in here.

People usually don't.

I spent nine years of my life in a room
like this for something I didn't do.

BERNARD: Matter of opinion.

I didn't kill my wife. The DNA proved it.
I loved my wife.

Wasn't your wife
having an affair?

Julie ended it.
We were reconciling.

You lost nine years of your
life for awrongful conviction.

If it were me,
I'd look for payback.

Isn't that why you went
to the courthouse?

I didn't mean
to go there.

That's right, you got lost, driving
around with your rakes and your shovels,

and the .38
we found in your toolbox.

That's just
for protection.

I had to watch my back
every day I was in prison.

That's why I need that.

Yeah, but you know what I think?
I think you went

to that courthouse
to shoot the place up.

No! I do, and I think Dresner
recognized your face

from the TV
or the newspapers,

or he recognized that look in
your eye and he tried to stop you

and you ran him over.

You didn't mean to,
but you did.

No! I didn't kill anybody. I was
innocent and you guys put me in jail

and now you're trying
to do it again!

I'm not talking
to you anymore!

Just leave me alone!

Hmm.

Looks like Dresner prevented a
bloodbath at the courthouse.

Well, let's not hand out
any medals just yet.

Book Sanderson
on the gun charge,

and get a search warrant
for his house.

And talk to the people who
tried him 10 years ago.

See if they've received
any threats.

BERNARD: Nine years ago, Judge, you
gave him the maximum sentence.

Yes. And now the Governor is considering
a full pardon on my recommendation.

Maybe Sanderson was angry
at somebody else,

the prosecutor or the lab that
messed up the original DNA test?

The prosecutor passed away three
years ago, and for the record,

the scientific evidence
admitted in my court

was the best available given
the technology at the time.

So, maybe, they did get
it right the first time.

The new test conclusively found a
genetic marker for cystic fibrosis

in the sample under Mrs.
Sanderson's fingernails.

Neither Mr. Sanderson nor his
late wife had the disease.

Where's Mr. Sanderson now?

He's awaiting arraignment. We
found a pistol in his toolbox.

With Legal Aid on strike, arraignments
are running days behind schedule.

That doesn't seem fair
to Mr. Sanderson.

After nine years,
he can probably handle

a few more days
in Central Booking.

Detective, I don't
like your attitude.

It leads me to believe there's
harassment going on here.

I'm recommending that Mr. Sanderson
is released ROR immediately.

No weapons, no extra ammo, no screeds
avenging the injustices he suffered.

Doesn't look he was planning to
go Columbine in the courthouse.

All right.
Thanks, Cormack.

Sanderson's not out for revenge because
he knows his conviction was righteous.

You got a real special place
in your heart for this guy.

You know, Bernard, sometimes,
the system doesn't work.

Right. Sometimes people
get away with murder.

Can I go in?

Yeah, sure.
We're done.

Maybe his target was outside
the courthouse, after all.

LILA: I never heard Frank
talk about him.

And Frank
liked to brag.

If he knew somebody in the
news, like this Sanderson guy,

he'd have said so.

Okay if we check
Frank's address book?

Help yourself.
It's in that pile.

Out with the old, huh?

I'm not one to mope.

Was everything okay
between you and Frank?

He liked things
done his way.

Frank have asthma?

No. The doctors weren't
sure what he had.

But he had problems
with his breathing?

It was too bad. He used to
swim and scuba dive a lot.

He had to cut back.

BERNARD: He have
any other problems?

His digestion. All started
about a year ago.

He was supposed to get
more tests done next month.

Pulmonary and intestinal problems
often indicate cystic fibrosis.

Dresner could've had
a form of the disease

that doesn't manifest
until adulthood.

At the Sanderson's trial, there
was evidence that Julie Sanderson

was a regular at their pool
at the local Y.

Guess who else
was a member there?

Frank Dresner.
Mmm-hmm.

Sanderson said
his wife had an affair.

Maybe it was
with Dresner.

We need to compare
Dresner's DNA

to the DNA under Mrs.
Sanderson's fingernails.

I'll get the
tissue samples ready.

Positive match.
It's Dresner's DNA.

Sanderson's wife must've scratched him
when she was struggling with him.

If Sanderson thought
Dresner killed his wife,

why didn't he just call the police?
Why kill him?

Unless he only suspected Dresner
of having been his wife's lover.

Either way,
we now have motive.

I'll prepare
the arrest warrant.

I better tell the Governor
to hold off.

Wouldn't look right to arrest
a man hejust pardoned.

SANDERSON:
I can't believe this.

It's happening all over again.
I can't believe it.

Believe it, my brother.

But I'm innocent. I'm innocent!
I'm innocent!

They heard you
the first time, Ted.

�Docket 33850, People v. Sanderson,
Murder 'm the Second Degree.�

Mr. Sanderson,
do you have a lawyer?

No sir, Legal Aid
handled my appeal,

and I can't afford
a regular lawyer.

Sorry, Judge. I'll send
him back in the pens.

The Court Officers are telling me
they're stacked up 10 deep back there.

This has gotta stop.

Ms. Rubirosa, since Legal
Aid is still on strike,

would you be so kind as
to step across the aisle?

You want me to represent
Mr. Sanderson?

For his arraignment,
if you would.

Judge, I'm not sure
that's permissible.

If Mr. Sanderson
doesn't object.

Mr. Sanderson,

it's this or I have to send you
back to the holding cells.

I don't wanna go back.

You have yourself a client, Counselor.
Let's get a plea.

(WHISPERING)

Not guilty, Your Honor.

People on bail?

Defendant has weak
community ties.

Your Honor, 10 years ago, Mr. Sanderson
appeared every day at a trial

for a crime he was
later exonerated of.

If he didn't run then,
he's not gonna run now.

Good. Bail set
at 100,000.

I want you to know from the
start, I didn't do it.

It's just like 10 years ago.
It looked bad, but...

Mr. Sanderson,
I'm not your lawyer.

I only stood up for you to get
you processed, that's all.

But I thought... An attorney will be
assigned to you. Just hang tight.

JACK: A hundred thousand for Murder Two?
I'm impressed.

The judge was in a hurry.

Sore loser.

Count yourself lucky she didn't
file a motion to dismiss.

I'm not that cocky.

Actually, our case against
Sanderson's in pretty good shape.

Yep. Motive,
damage to his truck,

and a security tape of
his truck at the scene.

I thought you said you couldn't
identify his truck from the tape.

CONNIE: Well, we have his own admission
that he was at the courthouse that morning.

Sanderson filed
some sort of motion.

It involves you.

You're my lawyer,
Ms. Rubirosa.

No, I'm not.

Address yourselves to me.

Your Honor, there's a case,
People v. Richardson.

Yes. Richardson says that a defense attorney
can't resign without the client's consent.

But that doesn't apply here because Ms.
Rubirosa isn't his attorney.

She was. So, legally, she
still is, unless I fire her.

Right, Judge?

Your Honor, I was appointed
as Mr. Sanderson's counsel

only for the purposes of his
arraignment, to satisfy due process.

Well, I'm thinking
of due process, now.

Thanks to the strike,
the Appellate Division

calculates a six-week wait
time for assigned counsel.

Your Honor, Ms. Rubirosa
has been the riding A.D.A.

on this case
since its inception.

Assigning her to the defense now gives
the defendant an unfair advantage.

Why? ls Ms. Rubirosa
privy to information

that she otherwise wouldn't have
access to as a defense attorney?

Your Honor, as a matter of fact, we
do have... Your Honor, in truth, no.

Everything I know
about this case

would be discoverable
to any defense attorney.

Fine. Mr. Sanderson,
your motion is granted.

Ms. Rubirosa will remain
as your attorney.

(GAVEL POUNDS)

Thanks, I just... I don't want you
perjuring yourself on my account.

I hope you won't live to regret this, Mr.
Sanderson.

I know you think
I killed Dresner.

When I was on trial for Julie's murder,
my lawyer didn't believe me either.

But he was wrong, everybody
was, and they're all wrong now.

You don't have to convince me
of anything, Mr. Sanderson.

Just don't lie to me.

Okay.

But please call me Ted.

I need some
information from you.

What do you know
about Frank Dresner?

Lying includes
withholding information.

(sums)

I know he had an affair
with Julie.

How long had you known?

Julie never told me
who she had her affair with.

It ate at me the whole time
I was in prison.

Then when I got out, I found
some of her old papers.

I figured out
it was Dresner.

What else did you
find out about him?

Where he lived, his job.

He had a family.

Did you know he had
cystic fibrosis?

No.

The skin under
your wife's fingernails?

The police matched it
to Dresner.

He killed her?

If you didn't know, why did
you go to the courthouse?

I was following Dresner.

I needed to see the man
Julie was with.

I can't tell you why, I just did.
But I didn't kill him.

It's going to be very hard
to convince a jury of that,

considering you admitted to being at the
courthouse the morning he was killed.

But I wasn't there then.

What I told the police,
I was confused,

they said they found
a nail in my tire.

Mr. Sanderson.
Listen to me, please.

Yes, I followed Dresner,
but not that morning.

It was three days before.
I got mixed up.

The fact is, you made that statement.
It's a problem.

Then there's the repairs
to your truck.

But I can explain that.

I hit a dog.

In Staten Island, I stopped at a bar
after work, I had a few drinks,

then on the way home,

I hit this dog on Manor Road, on the
turn just before Richmond Road.

Did you report it?
(SCOFFS) Report what?

That I was drinking and
driving in the company truck?

I like my job,
Ms. Rubirosa.

All right, Mr. Sanderson.

Ted.

I'm gonna get to
work on this.

Thank you. I know you're
gonna do all you can for me.

(KEYS JANGLING)

(DOOR BUZZING)

(WHISPERING) A dog.

The police pretended to find a nail from
the crime scene in the tire of his truck.

On that basis, Mr. Sanderson's
statement should be suppressed.

People v. Cordova, in
pursuit of a confession,

the police can tell a suspect
they have his prints,

his blood or any evidence
whether it's true or not.

Ms. Rubirosa knows this, she's made
the same argument herself many times.

Detective Bernard didn't just tell my
client he found a nail in the tire,

he actually
planted one there.

It was a prop,
a part of the deception.

That's not what Detective
Bernard's report says.

In fact, there's no
mention of a nail at all.

The police are not required to say
how the statement was obtained

other than
it was voluntary.

I'll go further,
Your Honor,

there is nothing
in the record,

that prevents Detective Bernard
from submitting that nail

as evidence
against my client.

If Ms. Rubirosa is actually implying the
police would use the nail as evidence

that her client was at the crime
scene, that is outrageous.

The conduct is outrageous. It was
tantamount with planting evidence.

It's the kind
of egregious conduct

that shocks the conscience
and demands punitive action,

in this case, the suppression
of Mr. Sanderson's statement.

Your Honor...
Enough, I'm convinced.

Sanderson's
statement is out.

You pretty much accused me
of planting evidence.

Hey, don't sweat it,
Bernard.

She's just doing herjob which, these
days, includes defending murderers.

You're gonna have to work
with those guys again.

I'll talk to 'em.

And don't for a minute, imagine
winning that motion gutted my case.

Yeah, I know it didn't
but this will.

Animal control recovered a dead
dog off a road in Staten Island,

a dog that
Sanderson ran over.

That's how he damaged
his truck.

Doesn't change the
underlying facts, Connie.

You know he killed Dresner.

Well, as Jack always says, I only
know what I can prove in court.

You're sure this is
absolutely everything?

All the video
from every camera

from three days before
that guy was run over, right?

Down the street, is there still
that bank across from the park?

Uh-huh.

Ms. Rubirosa?

I'm Mr. Caldwell,
the branch manager.

I understand you wanna see tapes
from our security cameras?

Yes, just from your outside
camera for this date and time.

And you're some
kind of lawyer?

I'm from the District Attorney's office.
Let me show you my badge.

You know, not that I'd ever admit it
to her, but she eviscerated my case.

It's to be expected.

Connie was trained
by the best.

(CHUCKLES)

Well, if she ever decides to switch sides
permanently, we're in big trouble.

You know, this is odd. There's an
item in Connie's discovery index,

evidence she gathered two days
before she got the subpoena for it.

Neat trick.

Ms. Rubirosa obtained
a security tape from a bank.

It's the sole copy
and we demand access to it.

The tape is protected by
attorney-client pflvflege.

Even if it was, the fact it was
obtained without a proper subpoena

renders the issue moot.

How did you get this tape,
Ms. Rubirosa?

You wanna tell him
or should I?

I identified myself to the bank manager
as an Assistant District Attorney.

But you were functioning as a defense
counsel at the time, weren't you?

Yes, Your Honor. According
to this affidavit,

once Ms. Rubirosa
flashed her badge,

the branch manager believed she was
working for the District Attorney

and felt obligated
to fulfill her request.

Her egregious conduct
so shocks the conscience

as to negate
any claim of privilege.

Your Honor,
the tape was obtained

as a result of a privileged
conversation with my client.

Sanction me
if you have to,

but don't penalize
my client.

I don't like your deception any
more than I liked the police's.

The tape will be
turned over to Mr. Cutter.

Seems the paddle
spanks both ways.

You'll have the tape
this afternoon.

This is three days before
Dresner was run over,

looking down the block from
the bank to the courthouse.

There are the picketers.
There's Sanderson's truck.

This is what Rubirosa didn't want us
to see. Sanderson stalking Dresner.

Can you zoom in on Dresner,
fast forward, see what he does?

CUTTER:
Okay, regular speed.

Dresner using his inhaler.
Sanderson saw it.

Maybe he figured out Dresner
had cystic fibrosis.

And that Dresner
killed his wife.

No wonder Connie
tried to bury this.

Well, she didn't try
hard enough.

We're back in business.

Vehicular Homicide, eight
and a third to 25 years.

That's the offer, and only because
he's already banked nine years

for a crime he didn't do.

The tape doesn't
prove anything.

It proves your client
saw Dresner use an inhaler.

He had reason to suspect he had
cystic fibrosis and killed his wife.

Even if he could read
the label on the inhaler,

the tape doesn't prove that he
knew Dresner's medical condition,

andiflhearyou suggest
as much to the jury,

I will move for a mistrial faster
than you could say "Johnnie Cochran."

I don't have to
suggest anything.

The jury can infer it
from the tape.

You can't bully us.

Ted...

Can you give us
a minute?

(DOOR BUZZING)

So when were you
gonna tell me?

I knew from the minute I saw
that tape that you lied to me.

No, no, no.
Please, don't go.

I can't take a plea.
I can't go back to jail.

I can't defend you
if you keep lying to me.

Okay.

Okay.

After my appeal, when they said
Julie's killer had cystic fibrosis,

I read all I could
about the disease.

When I saw Dresner using an
inhaler, I knew it had to be him.

I couldn't stop thinking,
he stole Julie from me.

He stole nine years from my
life, he ruined everything.

When I saw him, behind the
courthouse by himself,

so cocky and arrogant,

I couldn't take it.

I just...

I just smashed him.

And your story
about the dog?

I found a dead dog
near the golf course.

I took it
to Staten Island.

I didn't kill a dog, I'm not that
kind of person, Ms. Rubirosa.

I won't make it
if I go back to prison.

No deal.

You're being unrealistic.

The system owes him
a defense, Mike.

I'm making sure this
time, he gets one.

How is it working for
the dark side, Connie?

JACK: Is that
how you see it?

Us versus them?

Ms. Rubirosa is conducting herself within
the bounds of the canon of ethics,

and zealously representing
her client

to the best of
her abilities.

That's what she's
expected to do.

Whether that client
is a criminal defendant

or the People of
the State of New York.

And if I hear anymore
crap from any of you,

you'll all be working Traffic
Court for the next five years.

BERNARD: Detective Lupo and I assisted
the Photographic Unit in taking pictures

from where Mr. Sanderson's
truck was parked

so we could recreate Mr.
Sanderson's point-of-view.

CUTTER: And what, if
anything, did you observe?

BERNARD: Well, from
Sanderson's poi nt-of-view,

we had an unobstructed view of the
pedestrians in front of the courthouse.

And with the naked eye, I could clearly
identify the objects in their hands.

What kind of objects?

Well, as the pictures indicate, a set
of keys, a cell phone, an inhaler.

And what, if any,
conclusion did you draw?

I concluded that if someone was sitting
in a vehicle at that location,

they would have seen
the victim, Mr. Dresner,

and recognized an inhaler when he
put it up to his mouth to use it.

Thank you.

Your witness.

Detective Bernard, what kind of lenses
were used to take those photos?

Objection. Detective Bernard is not
an expert on photographic equipment.

He just testified that he
assisted the Photographic Unit.

I can certainly ask him what he knows
about the making of these photos.

Overruled.
Answer her question.

I don't know what kind
of lenses.

Do you know what
a telephoto lens is?

Yes.

It's a lens that makes far-away objects
appear closer, isn't that right?

Yes.

Did the Photographic Unit use a telephoto
lens when they took that photo?

No.

You just testified you didn't know what kind
of lenses were used to take those photos.

So which is it?
Do you or do you not know?

I don't know.

Then it is possible
that a telephoto lens

was used to make the object
in that person's hand

more easily identifiable,
isn't that right?

They wouldn't do that.

Even if you asked them to,
when you were assisting them?

I wouldn't ask.

I don't tamper
with evidence.

No? Didn't you plant evidence on my client's
truck, a nail from the crime scene?

That wasn't evidence.

What was it then,
atrick?

Objection.

Overruled.
Answer her, Detective.

Sure, it was a trick.

You use tricks when it suits
you, don't you, Detective?

BERNARD:
That's not true.

Maybe it suited you to fabricate these
photographs to mislead the jury.

Let's forget about the photos
and look at the videotape.

Sanderson saw Dresner
use the inhaler.

He knew he had
the disease!

Your Honor, I move
for a mistrial.

In my chambers.

Detective Bernard voiced his
opinion about what my client knew.

It's tantamount to
calling him guilty,

and coming from
a police officer,

it's both damning and improper and it
violates the basic rules of evidence.

CUTTER: Your Honor,
she posed a question,

she's bound by Detective
Bernard's response.

I asked him
if he fabricated evidence

and he spouted off his opinion
about my client's guilt.

How can I cross-examine
an opinion?

I agree, Ms. Rubirosa, but I'm not
inclined to grant a mistrial.

I'll strike Detective
Bernard's testimony

and instruct the jury
to disregard it.

It's not enough.

The tape is tainted by
Detective Bernard's opinion

that it proves
my client's guilt.

YourHonon a jury
instruction will suffice.

Every time the jury
sees that tape,

they'll take it to mean exactly
what he told them it meant.

It must be excluded.

You make a very compelling
argument, Ms. Rubirosa.

I'll render my decision when
court reconvenes tomorrow.

If he throws out the tape,
what does that mean?

It means Mr. Cutter won't
have much of a case left.

He's pragmatic. He'll
wanna cut his losses.

You mean a plea bargain. I'd
still go back to prison?

Mr. Cutter's
also reasonable.

The nine years that you've
lost will mean something.

Don't get your hopes up, but
he might agree to probation.

Probation.

(sums)

It just doesn't
seem possible.

I could get away from here,
go sit on a beach.

Yeah, a beach
would be nice.

I know this place, off
Belize, Turneffe Island.

They got this amazing
fan coral.

(sums)

You said
you'd fight for me.

You kept your word.

Thank you.

(DOOR BUZZING)

Dive buddies.

You gave Mike
a good whooping today.

You had the benefit of Detective
Bernard's inexpefience

as an expert witness.

I'm sorry, I don't mean to
interrupt your train of thought.

Anyway,
good luck tomorrow.

Jack,

what do you do if you know something, a
terrible thing that you don't wanna know,

because there's nothing that you can do
about it, you can't even talk about it.

Because this terrible thing, it's
protected by attorney-client privilege?

One question,

when this case is over, the governor
will sign Sanderson's pardon

for his wife's murder.

Is that a problem
for you?

I think that
was an answer.

I don't know
what to do.

Connie, every lawyer goes to his or her
grave with the most horrible secrets.

It comes with the job.

What do I do?

Follow the law.

Upon review,
I've concluded that,

although this was
a very close issue,

on balance,

suppression of the tape
is unwarranted.

Your motion's denied,
Ms. Rubirosa.

And we'll reconvene
this afternoon.

CUTTER:
Thank you, Your Honor.

Even with the tape back in, your
cross-examination of Detective Bernard

really hurt my case
with the jury.

My offer's back
on the table.

Vehicular Homicide, eight
and a third to 25 years.

I'll talk to my client.

Talk fast. The offer's only
good till this afternoon.

I told you not to get
your hopes up.

What do we do now?

We fight it, we go
back to trial, right?

Or we take the D.A.'s
plea offer.

Eight more years
in prison?

Counting the nine you served, 17
years isn't bad for two murders.

Two murders?

I have a theory.

Your wife had an affair,

but not with Dresner,
with somebody else.

You thought she might leave you.
You got angry.

So you called
your old buddy, Frank.

What? What are you
talking about?

Your old
diving buddy, Frank.

Frank you met
in a diving class.

He killed
your wife for you.

But in one of
life's little ironies,

you were convicted
on faulty evidence.

Once that conviction
was overturned,

you got in touch
with Frank.

You're wrong.

You found out he was about to
get tested for cystic fibrosis,

a genetic test that might t bring
him to the attention of the police

who were still looking for an unknown
murder suspect with a special disease.

Ms. Rubirosa,
it's not true.

If Frank got caught, you
would go back to prison.

So you killed him.

Like I said, it's a theory, one that
will remain between you and me,

protected by the attorney-cl
ient pflvflege.

But you believe it?

That's why you want me to take
a deal and go back to jail?

I gave you my opinion.
It's a good deal.

And if I don't take it?

Then we will
go back to trial.

And you tank the case.

You're gonna sell me out
because you think that...

I know how
you people work.

You don't know anything
about the way I work.

I am your lawyer,
now same as then,

and I will defend you to the
fullest extent of the law.

I will argue your case to the
jury without reservation.

That is what
I'm sworn to do.

Now, you can take this plea or you
can take your chances with the jury.

You know how that can go.
It's up to you.

Sanderson took the plea.

It couldn't have been easy for him
to choose to go back to prison.

I'm sure Connie told him that
a plea was his best option.

Kudos to her for
winning his trust.

I recommended to Sanderson
he take the deal.

If you hadn't known this
terrible thing about Sanderson,

would your recommendation
have been any different?

I'd like to think not.

I'd like to think, either way, I'd
zealously represented his interests.

I know you did.

I gotta go. I'm taking
Detective Bernard for a beer.

Good.

Oh, look.

And not a moment too soon.

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