All language subtitles for Law and order S09E08 - Punk

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.

Fourth and seventeen
Kordell Stewart from
the shotgun. Hike!

Play action!

Keshawn Johnson
going long!

Stewart rolls right,

looks downfield.

Come on, man!

Thought you could jet.

Whooped your ass.

Yo, Kev!

DOA's a white male, 50's.

Any ID?

No wallet, no cash.
Looks like
a straight-up robbery.

Wrong place,
wrong time.

Big guy.
What put him down?

Hollow point.
Nine mil or 40 caliber.

We recovered some
bullet fragments
by the fence.

How many rounds?

First one was
a through-and-through
to the gut.

Exit wound
in his back.

Slug grazed
his left ankle.

Second one
to the chest
finished him off.

Rey, see the dirt
on his pants?

Shooter made him
get down on his knees.

Beg for his life.

There was a corrections
officer from Pine Hills.
Charles Tyner.

M.E. makes
the time of death
around midnight.

They recovered
one intact slug.

Ballistics says it's
from a nine millimeter.
Probably a Glock.

Where'd he live?

Coxsackie, upstate.

We called there about
a half a dozen times.
No answer.

But, uh, local PD's
gonna ring his bell.

Well, he could have been
visiting someone in the city.
Anyone report him missing?

Nothing. But whoever he
was with, they were having
a hell of a time.

M.E. logged in
his stomach contents.

Peanuts, popcorn, nachos,
beer, and about
a half a dozen hotdogs.

No Crackerjacks?

I'm guessing he was
at a ballgame.

Yeah, him and about
50,000 other people.

Well, call the prison.
I'm sure they'll have
the next of kin.

That's my father.

I never called him.
I thought...
I thought he made it home.

I'm sorry. Uh...

When did he
get into town?

Saturday morning.

Are you okay to talk?

He, uh, he checked into
the Barrington Hotel,

and then he came up
to see the game.

I play football
for Columbia.

And after the game?

Uh, we went out
for a few beers,

and then he went home.
He went...
He went back to his room.

He had to get back
the next day for his shift.

At Pine Hills?

He transferred there
about five months ago
from Greene Correctional.

He said it would be
easier for him there.

Why?
Women instead of men?

I guess.

Why would somebody
shoot him?

I mean,
he gave up his money.

A uniform.
He was a cop?

Corrections officer.

Nothing.
A change of clothes
and some toiletries.

You remember
this guy going anyplace?

Yeah. Came out late,
asked me for cigarettes.

I sent him to
the all-night market
at the corner of 42nd.

Opposite direction
from the playground.

You see him come back?

No.

You mind if we have
a look around?

Just drop off the key.

Thanks.

Guy goes out for smokes,

winds up six blocks
in the opposite direction.

A mugger would've
taken him on the spot.
Tyner was hijacked.

Maybe he ran into
an old friend.

A con from upstate?

I don't figure it was
one of the gals
from Pine Hills.

So why'd Charlie transfer?
Problems at work?

No, change of scenery.
Charlie was a hero
around here.

A few years back,
there was a multiple man fight
in one of the classrooms.

Two teachers
got trapped off.

Charlie talked his way in,
got 'em out. Nobody hurt.

I'm sure
the guards loved him.

What about
the inmates?

Never had
any complaints.

Hey, 18 years in here,
he must have made
some enemies.

Look, nobody
who works here is
warm and fuzzy.

You can't remember
a single con
he ever pissed off?

Oh, Charlie was by the book.
Had trouble with an inmate,
he'd write him up.

You keep those write-ups?

Sure.
Parole looks at 'em.

Gimme a name.

Uh, Johnnie Fry.
Tyner wrote him up
five times.

Paroled last year.

He violated.
He's in Fishkill now.

Okay. Ricky Crimmins,
paroled last month.

Eight write-ups.
Insubordination, verbal
harassment, tardiness.

Write-ups stop
in January.

Probably cleaned up his act
for the parole board.

What was he in for?

Let's see.

Two prior
buy-and-busts.

He was here
on a plea to Assault One.

Deadly weapon.

Any more details?

Knee-capped
a drug associate.

Arrested with
a Beretta, 92.

Nine millimeter.
His weapon of choice.

He was here
a couple of days ago.

He's not due back
for another month.

The guy just got paroled
for a violent felony.

Hey, if I had time,
I'd tuck 'em in
by 9:30.

Make sure they
brush their teeth.

Does Crimmins have a job,
in case you bothered to ask?

You might try his wife.

She waits tables uptown.
Big Mike's Cozy Corner.

You hope.

Parole.

Gotta give these guys
a reason to behave in jail.

How about
guards, solitary.

Privileges you
can revoke?

So in Rey's world,
nobody gets
a second chance?

They blew their chance.
I'm with Pataki.
No minimum-maximum crap.

A guy gets 10 years,
he does 10 years.

And hits the streets
with no supervision.

Crimmins checks in
once a month.

His P.O. doesn't even know
where the hell he is.

They ought to put
a collar on these guys.

The name
ain't Trina Crimmins,
it's Trina Fleming.

So you still
with Ricky?

No. He's a negative influence.

He in trouble already?

Depends on
what he has to say.

You know where he is?

I seen Ricky once
since he got out.

He hit me up
for $50.

For a gun?

That's what I was thinking,
but he promised me it wasn't.

Said he wanted to buy
some kind of timer.

Like for
chess or something.

Did he ever mention
a guy named Charlie Tyner?

Never.

Order up!
That's mine.

A chess timer?

Putting a hurting on you, man.
Gonna hurt you bad.

Ricky Crimmins?

Yo-yo-yo-yo.
You're fragmenting
my concentration.

I'm trying to
open this chump up.
Open him up a little.

Yeah, maybe I ought to
fragment this, huh?

We need to talk.

Yeah, well,
let me finish
my game, man.

I got him in
a tough position.

Ain't no Vaseline
for this position, baby.

Time to go.

Hey, brother, you know
I was about to mate your butt.
You owe me $5.

Hey, you messing up
my game.

There's plenty
of time for chess
where you're going.

Where am I going?

Saturday night,
I was sleeping
on the F-train.

Anybody see you?

If they did,
they looked the other way.
You know how it is.

Brother like me,
late at night.

You happen to
run into Charlie Tyner
that evening?

Who?
Charlie Tyner
from upstate.

You spent eight years
with him on the
wrong side of a cell.

That Charlie?

Yeah, that Charlie.
Let's cut the crap, Ricky.

We know you
bumped into him.

Down here? Uh-uh.
Ain't had nothing to do
with old Charlie.

Just like you had
nothing to do with the guy
you capped in '89.

Man didn't
give me my props.

Charlie didn't give you
your props either.

All those tickets
he wrote you upstate must've
really pissed you off, huh?

You saying I did
something to Charlie?

You put him on his knees
and executed him.

I need to get
with a lawyer.

That's the way you
want to play it.

We're violating you
on the fake address.

Why you doing me
like this?

Hey, you kill
a hero like Charlie,
it's only gonna get worse.

Hero, my ass.
He's a lying,
thieving peckerwood.

Was a thousand inmates
want to put Charlie in a box.

You're lying.
Hell I am.

All American Charlie was
the biggest drug dealer
in the whole damn joint.

Crimmins is blowing
smoke up our ass.

He could've just
kept his mouth shut.
Why would he make it up?

Well, it shouldn't be
too hard to find out
if Charlie was dealing.

Local PD
searched his house.
It was clean.

Well, he wouldn't score
in Coxsackie.

Someone might
recognize him.

Look for trips to the city.

I don't see any charges
in New York.

Looks like Tyner never
left Coxsackie.

Well, you know
there's all kinds
of hot spots there.

There's Kmart,
J.C. Penney...

And the Starlight Motel,
back in January.

Maybe for an
out of town guest?

Never seen him.

His name's Charlie Tyner.
He stayed here January 3rd.

I still never seen him.

Do all your guests
sign that book?

House policy.

Charlie sign it?

No. But Trina Fleming did.

Mrs. Ricky Crimmins.

Charlie Tyner shacked up
with your wife
at the Starlight Motel.

As soon as
you got the chance,
you made him pay.

Yo, hold up a second.

How'd you
find out about it?

Trina rub
your face in it?

She comes upstate
to visit you,

winds up in
your C.O.'s bed?

Piss the hell out of me.

It's justified homicide.

You tell that story,
maybe you walk away.

I wanted him
to do Trina.

Hell, I set
the whole thing up.

Every time I turn around,
Charlie's hitting me
with tickets

for some
half-assed nonsense.

I spent half last year
in the hole.

So where does
your wife come in?

I told her
to use her female
charms on him.

Then I punked him out.

What do you mean,
you punked him out?

I got to old Charlie,
I say, "I got proof
you sexed my old lady.

"I will tell administration
you threatened to plant
a shank in my bunk

"unless I gave you
my wife. "

Should've seen that
cracker's face.

See, he didn't know Trina
was my old lady.

Had his ass in my pocket.

So he brought in
drugs for you?

Drugs, cigarettes,
whatever.

Charlie was my bitch.

Why am I gonna smoke him?

Ricky told us about your
scam on Charlie Tyner.
He turned up dead.

Yo, it wasn't me.
I was here.
I got 50 witnesses.

You still
committed extortion.

Any way I can
take care of that?

You can start by
telling us how it went
down with Charlie.

All right.
I was still with Ricky then.

He pointed Charlie out
to me in the visiting room.

He told me that guard
was abusing him.

Ricky told me where
the C.O. bar was up there.

The man was easy.

So you and Ricky worked
your magic, and now
you're Charlie's connection.

Yo, I ain't doing
that kind of stuff
no more.

You think I would be
on my feet 12 hours a day,

if I was making easy money?

Charlie called me last month
to hook him up with some coke.
Told him no.

He tell you what
he wanted it for?

We didn't have
a long conversation.

Look, if you're busting me,
let's get it over with.

We know where
to find you.

Charlie's tox screen
was clean.

He wasn't scoring
for personal use.

Maybe when he went up
to Pine Hills he took
his bad habits with him.

I can't get too worked up
about Charlie.

He's here a few months.

I'm here 14 years.

Were any drugs
coming into your block
before he got killed?

Not that I know of.

You sure about that?

I got a daughter wants
to be a policewoman.

Maybe she could
give you a call?

She's gonna have to
take the exam.

Last week, three of the girls
got pulled in for a drug test.

They check us by random.

I heard one of the girls
wasn't too happy about it.

Alice Simonelli.

Came in first thing
Thursday morning.

Her block rep said
she put up a fight.

They hauled her in here
for a urine sample,

screaming she wanted
to come back later.

Did you get
the sample?

Her choice.

The cup or
60 days solitary.

She chose the hole.

What are
these initials for,
next to the date?

One of the C.O.s
came by later.

Signed for Alice's file.
Figured there was
an investigation.

C.T.

Charlie Tyner.

I didn't know Tyner.
He was new.

And now he's dead.

Easy come, easy go.

They already got
somebody new
doing his shift.

That's a nice tattoo
you got there.

That's a Paganos gang sign.

Since when do Paganos
take white girls?

I just joined them in here
for protection, that's all.

Yeah?
And to party with?

Yeah. This place is
a barrel of fun.

So what was
Charlie bringing in?
Pills? Coke? What?

Eh.

Too bad
you can't ask him.

You know, if you
lose the attitude
and help us out,

we can get you
out of solitary.

Yeah, cool.

All right,
maybe he was selling.
I'm not sure.

Come on, why else
would he be interested
in your drug test?

These C.O.s,
they're all snoops.

We're not buying it, Alice.
We know you were using.

Maybe you know
who Tyner's supplier
was in the city.

Whatever.

Have a nice ride
back to New York.

The girl won't talk.

She's either scared
or protecting somebody.

Or both.
What's she
doing time for?

Cocaine rap.
Two to six.

That's a tough hit
for a first- timer.

I'll talk
to the A.D.A.
who prosecuted her.

See who her dope friends
are in town.

Maybe one of them
was Tyner's connection.

Alice Simonelli?

Yeah, it was
a '95 indictment.

One of 1,000.

Got it.

Okay.

Right, Simonelli was
driving some guy
to a drug deal.

The cops
stopped her car,
found the stash.

Major weight?

Little over an ounce.

And you sent her upstate?

The guy she was
riding with took off.

She wouldn't name him.

Whole thing turned out
to be my fault.

Are there any other partners
we should be looking at?

She could be
protecting them now.

No, we never found
any of her drug pals.

Legal Aid was supposed to
assign her to a work camp.

She should've been out
in less than a year.

I read her
Corrections file.

Her first month in,
she got busted for
smoking marijuana.

Explains why
she didn't go
to the work camp.

And about a year ago
she got into a fight.

Stabbed an inmate with
a sharpened broomstick.

Blew her parole, too.

She screwed her life up,
big time.

She had a baby
and a teaching career
ahead of her.

Well, now she's
with the Paganos.

We traced some of her
telephone calls to one of
their drug corners.

I know her lawyer.
I'll put a call in to him.

Maybe if we toss her
a big enough carrot.

You tell her what
this was about?

She's in solitary
No phone privileges.

All she knows is she's
getting a legal visit.

Take me back
to the hole.

Why don't you hear
what I have to say?

Why?

She's talking about
a time cut.

Sit down, Alice.

I'm in Major Felonies now.

The Charlie Tyner case.

You put away enough
innocent people,
they give you a promotion?

You had cash
with cocaine residue
in your pocket.

The guy gave me
gas money.

I never knew his last name.
I was just giving him a ride.

Don't insult
my intelligence.

Let's talk about
Charlie Tyner.

I already talked to
the cops you sent up here.

You want to
play games?

You make deals
with people's lives.

Your whole life
is a game.

I came here
to help you.

Don't feed me
that garbage!

You're here
to help yourself.

You destroyed
my whole life

because I wouldn't tell you
what you wanted to hear.

For an ounce of coke,
you took away my little girl!

You sent me to this hellhole!
You make me sick!

That went well.

Two days before
Tyner came to New York,

Alice called a pay phone
in Spanish Harlem.

It's a narcotics spot.

Alice Simonelli doesn't
sound Hispanic.

Bay Ridge Italian.

She joined the Paganos
in jail.

They're an
equal opportunity
street gang.

She's come a long way
from Hunter College.

I tried to cut her a deal
three years ago.

What happened?

She wouldn't
give up her partner,

so I wouldn't
plea bargain.

Her parents weren't too happy.
They wrote a letter
to my supervisor.

Any chance
she might have been
telling the truth?

What, that she was just
an innocent bystander?

Look at her record
since her arrest.

If I had any doubts
about coming down on her,
she dispelled them.

Her parents still
live in Brooklyn?

As far as I know.

You need Alice to cooperate.
Maybe she'll listen to them.

You think she's still
involved in drugs?

You never noticed
the gang tattoo
on her arm?

I don't understand
what happened to her.

She never mentioned
any problems to you,
or one of the guards?

A man named
Charlie Tyner?

No.

She never tells us
what goes on in there.

She just likes to talk
about her little girl, Jenny.

What's this Tyner
got to do with Alice?

He was murdered
in the City.

We think your daughter can
help us find the killer.

We might be able to
get her early parole.

Parole?
What about her appeal?

I'm sorry, uh,
Alice's appeal was
denied a year ago.

No. She called us
last week about it.

We gave $500
to a paralegal.

Five hundred cash?

Yes.
Yeah.

Did he give you
his name?

Luis. A young
Puerto Rican kid.

Had a big scar.

Is there a problem?

Why did you
give him the money?

Alice told us to.

He gave us a card.
The lawyer he works for.

Ah, that's my card.
But, uh, I don't have any
Puerto Ricans working for me.

Puerto Rican clients?

Lots of those.
It's a growth industry.

Any of them named Luis?

Yeah.

About half of them.

Okay, uh, mid-twenties.
Scar on his neck.

Oh, Luis Pacheco.

What, you gonna, uh,
charge him with something?

It's possible.

You have his address?

Have you ever heard
of the, uh, Paganos?

I'll give you heads-up
if we arrest him, you save me
a trip to the clerk's office.

I don't need the fee
that bad.

I can always
get his address
from court records.

Do that.

There's no way
it gets back to Pacheco
I gave him up.

Luis Pacheco?

He ain't here.

That's funny.
His mother told us
we'd find his ugly,

lazy butt working on
his piece of crap car.

Your buddy here seems
to fit the description.

These maricóns they got
on the police now.

What is this city
coming to?

You sound mighty cheerful
for a guy who's about to
go down for armed robbery.

- What robbery?
- Oh, you forgot already?

Last Thursday,
4:00 p. m.

A McDonalds
in Riverdale.

We got three witnesses
ID'd your mug shot.

And a red Camaro
hauling out of there.

Last Thursday I was
hanging on the corner
all day.

Straight up.
We was lamping
outside the bodega.

Oh, where?
Right next to
the phone booth?

Yeah.

Well, why don't we
talk downtown?

Just wasting your time.

Tools, man.
Tools?

Come on, get on the car.

Assume the position.

Oh, man.
What's going on, man?

Lennie, gun.

On the floor!

I'm telling you, man.
I'm telling you, man,
I was nowhere near Riverdale!

Right. You were on
the street corner
with your nine mil,

waiting on a phone call
from Alice.

Who'd I cap?

Charlie Tyner.
A C.O. at Pine Hills.

Never heard of him.

Then how did a bullet
from your gun wind up
in his corpse?

That's bull, man.

Read the ballistics report.

Plus, we can
put you on the phone with
your girlfriend at Pine Hills.

What did you and Alice
talk about?

She have a beef
with Tyner?

She ask you to cap him
for 500 bucks?

No, I asked her
for a date.

You're pretty funny
for a guy facing
25 to life.

Yeah, well,
I've skated on worse
beefs than this.

You're not skating anywhere
unless I make it happen.

Tell me about Charlie Tyner,
maybe I write this up
as manslaughter.

Well, maybe I
talk to you

after I talk to my lawyer.

The gun's not enough?

It's enough for Pacheco.

I want to know what Alice
has to do with this.

Student teacher
to drug dealer,
to murderer?

Why not?

Man, you've really
got it in for her.

Pacheco has a sister
in Alice's cell block.

She's also a Paganos.

Great. Maybe we can
double-team her.

Thanks.

I'm not gonna talk against
Alice and my brother.

You have a parole hearing
in a month.

We could tell the board
you're a suspect
in a prison drug ring.

You can't do that.

We will,
unless you cooperate.

What do you want?

How does Alice know
your brother?

I introduced them
in the visiting room.

Alice called him at
a pay phone last week.

Know why?

All I know is
she needed a favor.

Something about drugs?

She wasn't using.

Then why'd she refuse
a drug test?

Hell if I know.

Was Charlie Tyner
selling drugs in here?

Possible.

With Alice's help?

No. She wouldn't go behind
my back. She's my friend,

and my sister.

What about Charlie Tyner?
What's her relationship
with him?

He was helping her out.

Pulled her
out of lock-downs,

brought her some socks,
gave her a nice job
in the commissary.

Was he that nice
to all the inmates?

I don't know.

So you helping me out,
or what?

Unless we find out
you lied to us.

I'm missing a meal.

She puts Alice
on the phone
to Pacheco.

Ties her into Tyner.

Yeah, but we're
still not sure
what it's about.

It's about a $500 killing.
That's good enough for me.

Let's indict her
for Murder One.

You're charged with Murder
in the First Degree.

How do you plead?

Not guilty.

The defendant
is serving state time,
so bail is moot.

She's remanded.
Any other business?

No, you agreed...

What is it, Mr. Pinsky?

My client is asking me to
make an application I feel
is clearly inappropriate.

Spit it out, please.

Well, she wants to
disqualify Ms. Carmichael.

Aren't you going
to say anything?

Judge, I am not going to
waste the court's time
with this...

Could I represent myself?
'Cause this lawyer is
worthless.

Talk to me, Ms. Simonelli.

She should not be
prosecuting this case.

She's prejudiced
against me.

That's ridiculous.

Let her finish.

She locked me up
three years ago just 'cause
I couldn't help her.

She's got
a grudge against me.

Your Honor,
this woman has some kind of
persecution complex.

Save your breath,
Ms. Carmichael.

I'm sorry, I can't
disqualify an A.D.A. from
a case simply because...

All I want is a fair trial.
This bitch is out to get me!

Enough.

Take her out.

Anything to what
the girl said about
Ms. Carmichael?

I read the file.

Her prior drug case
was routine.

Abbie tried to flip her
on her accomplice.
She balked.

She fired her counsel.

And hired Danielle Melnick.

Melnick's taking
a gang case?

A deputy warden at Rikers
just called to give me
the heads-up.

They were processing
Alice Simonelli.

Something turned up
in their cavity search.

Drugs?

Heavy vaginal bleeding.

She claimed it was
just her period.

They sent her
to the hospital.

A miscarriage.

She was eight to ten
weeks pregnant.

Might explain why
she refused the urinalysis.

And why Charlie Tyner was
interested in her file.

Rape?

For the last three months.

Why didn't she report it?

Report it to whom?

Charlie Tyner's colleagues?

Or maybe she didn't
report it because it
was consensual.

Oh, please, Carmichael,
read your Penal Code.

A prisoner can't consent
to sex with a guard.

It's rape by definition.

Legal definition.

Yes.

For all we know,
she traded sex
with Tyner

for drugs and
special treatment.

I don't take this
crap from her.

I still don't see you
making out justification.

Jury's not gonna have
a problem.

She was defending herself
and her daughter.

Her daughter?
Yes.

He approached her daughter
in Prospect Park,

gave her a condom,
and told her to
show it to Mommy.

Four years old.

Anybody see
Tyner do this?

No. Grandparents thought
it was just some pervert
in the park,

until Tyner mentions
it to Alice.

When did this happen?

A week before
that piece of garbage
got what he deserved.

Charlie Tyner drives
to Brooklyn to give
the child a condom?

I don't know, Jack.

"Have sex with me
or I can get to
your daughter. "

It dials up their
justification defense
for a nine or ten.

Unless Alice made
the whole thing up.

I wouldn't put it past her.

You make me look like
an old softie.

Charlie Tyner
was working the day this
supposedly happened.

So much for justification.

A last minute fill-in
for a guard
named Atwood?

Before we make book on this,
let's make sure Charlie Tyner
didn't have help.

The little girl identified
your photograph, Mr. Atwood.

She made a mistake.

The day the girl got
the condom,

you got gas off the BQE
a couple of miles
from Prospect Park.

That don't prove anything.

The next step
is a line-up.

We're bringing in
the child's grandparents.

If they put you in the park,
that's extortion.

Witness tampering.

Child molesting.

Think of what
a fascinating life
you'll have in prison.

Ex-guard,
child sex offender.

Look,
you don't understand.

I had to do it.

Charlie asked me to.

You were just
following orders?

You know how easy it is to
wind up trapped off in a room
with a dozen prisoners,

nobody coming to help?

For refusing to
intimidate a prisoner
for Charlie Tyner?

This girl, Alice,

she saved some
of Charlie's semen.

She was gonna
rat everybody out
to the Superintendent.

Charlie said if we didn't
keep her quiet,
we'd all get fired.

Everybody?

You've got no idea what
goes on in that place.

Half the C.O.s got
girlfriends. Some of them
got two or three.

There's more sex in there
than a whorehouse.

Convince us
your client was
coerced into sex,

we'll come down
to Murder Two.

Keep dreaming, McCoy.

Maybe,
maybe a jury will
give you Man One.

We give you Manslaughter,
Pacheco can argue that he
was a Good Samaritan.

Maybe he rides your client's
coattails to an acquittal.

Not my problem.
You want to try this case,

I will put the entire
state prison system
on trial.

You will have everybody
from Amnesty International

to Dateline
beating down your door.

Good day.

Okay.
We can handle
a little heat.

Pacheco's lawyer is moving
to suppress the gun.

Without the gun,
he walks.

Two long faces.

Judge Denham suppressed
Pacheco's gun and dismissed
the charges against him.

The shooter walks,

and we have Murder One
against the girl who was
raped.

We can make a deal with Alice
to testify against Pacheco.

And give her Man One?

She was leeching
favors off Tyner.

Extra socks?

I know this girl

She's manipulative.

She's playing the system.

You think guards
should be having sex
with prisoners?

No.

But for all we know,
she flashed her thong
underwear at the guy.

Instead of
blaming everyone else,

she should take
some responsibility.

She's responsible for
the threat to her daughter?

A condom verses a bullet?

It's not justification
by any legal standard.

The girl is just
violent, Jack.

One drug conviction.

She stabbed a woman
with a sharpened broomstick.

She put the victim
on his knees and made him
beg for his life.

Pacheco did.

And we can find a way
to nail 'em both.

My neck is
starting to hurt.

If we try her for Murder One,
Adam, the pain will get worse.

Melnick's got her teeth
in this one.

Don't worry about Melnick.
Your call.

Her daughter
was threatened.

We need her
to get Pacheco.

I'm cutting a deal.

Man One?

With a sentencing
recommendation.

The minimum.

Four and a half
to nine.

No.

Alice?

No, I'm not pleading
to anything.

You go to trial,
you're facing
life without parole.

I don't care.
I did what I had to.

You've got an excuse
for everything, don't you?

The only reason this happened
is because you put me
in that place.

Alice.

Can't force it down
her throat.

Well, you got your wish.

Alice joined the Paganos
because one of the girls
was giving her a problem.

Did the problem go away?

Hell, yeah.
We put a beat down
on the girl.

During the week
that Charlie Tyner
was murdered,

did Alice talk to you
about another problem?

Yeah. She asked how she
could reach my brother
to ask him a favor.

Did she say anything
about Charlie Tyner?

Not then. But...

a couple of days before,
said, um,

"I wish somebody
would ice that bitch. "

Ms. Pacheco,

you're testifying against
your gang sister?

Got no choice.

Otherwise,
I'm sitting down there.

The D.A. gave me immunity.

You've been at Pine Hills,
what, nearly five years?

Not a nice place
to live, is it?

Hard.

The guards have sex
with the prisoners there?

It goes on.

Did any of the guards
ever approach you?

I don't feel comfortable
talking about it.

You afraid of retaliation
by the guards?

I know what's up.

Punishments I
don't deserve.

They screw up my parole,
I wind up serving to my
max-out date.

The guards have
that much power?

If they
really want you.

Day to day
stuff's bad enough.

Like what?

Like they watch you
use the toilet.

Pat down your privates
just 'cause
they feel like it.

Strip searches.

Guards say they're
looking for dope,

but they're looking
for your pride.

Charlie told me
exactly what to do.

Buy a condom,

go down to Brooklyn,

give it to the kid,
and tell her to show it
to her mother.

Why, Mr. Atwood?

To keep a lid
on the abuse?

Abuse, I can't say.
But sex, it's everywhere.

Guys swap shifts,
work overtime to be
with their girls.

I see.

How about you?

I was only there
a couple of years.

I see how it gets to you.

Some of these women,
they way they act,

they don't
respect themselves,
why should you?

You start thinking of them
like caged animals.

Thank you.

You weren't the only guard
who refused to participate
in this?

No. The rest of us,
we just looked
the other way.

Did you ever think that
Charlie was raping Alice?

I knew that
they were doing it.

But I thought
Alice was okay with it.

If Alice had come
to you for help,

would you have
looked the other way?

No, sir, no.

C.O.s may stick together,
but we're still human beings.

What would you
have done?

Well, I would have
told Charlie
to lay off of her.

And if he didn't,
I would have
gone to a Captain.

What's the procedure
from there?

Well, the Captain sends
the complaint
to a hearing officer,

then it goes up the chain.

Superintendent,
Department of Corrections
in Albany.

And the investigation takes,
what, weeks? Months?

By the next day
we'd have people from the
Inspector General's Office,

from the Bureau of Criminal
Investigations swarming
all over the place.

Mr. Atwood,

if you reported
the rape to your Captain,

wouldn't you be afraid
of retaliation
by your colleagues?

Sure.
The administration would
transfer me someplace else.

Right.
Where you'd be
branded as a rat.

If they found out.

Takes a pretty strong person
to face up to that,
doesn't it, Mr. Atwood?

Yes, I guess so.

And how would somebody
like Alice Simonelli know

that such a person was
there for her?

Well, I...
I guess she wouldn't.

Make sure you ask her
about her felony conviction.

It could backfire.

She claims she was
wrongfully convicted

by one of the A.D.A.s
now prosecuting her
for murder.

And she'll look like
she's making excuses.

And the two incidents
in jail.

The sharpened broomstick
and the marijuana.

Marijuana?

She violated prison rules.

Abbie, I'm not suggesting we
water down the cross,
but you heard what I heard.

Is it really that hard
for you to put yourself
in Alice's shoes?

Why should I?

Because she blames me
for what happened to her?

Jack, whatever
hellhole she's in,
she put herself there.

She didn't ask
to be guarded
by Charlie Tyner.

No, but she's
still responsible
for her own conduct,

in or out ofjail.

You know,
maybe you should
handle the cross.

It started after Charlie
transferred in.

He'd stand outside my cell,
telling me I had a nice ass.

Did you encourage
him at all?

No way.

At first, I'd try to
make a joke of it.
You know.

Slough him off.

One day,
he came into
the shower.

Tried to give me
some perfumed soap.

And what did you do
with his present?

I told him I
didn't want it.

And when he saw that
you were not interested,

did that stop his advances?

He started writing me up.

Taking away
my privileges.

I got a four-year-old
daughter, Jenny.

I couldn't see her
for a whole month.

He told me
if I screwed up again,
he'd send me to Albion.

Albion State Prison?

Up near Rochester.

Ten hours from Brooklyn.

Maybe I'd see Jenny
at Christmas.

I just couldn't
fight him anymore.

One day,
he took me in a closet,

and I let him.

I just closed my eyes,
and I let him do it.

And was this
the only time
he raped you?

It went on
for a few months.

Once or twice a week.

And then I
missed my period.

I told Charlie.

He said he didn't care,
it wasn't going to
change anything.

He told me
to get rid of it
any way I had to.

And what did you do?

Right after that,
he took me into
the prison chapel,

and I saved some semen
on a Kleenex.

I told him that if he
touched me again,

I'd turn him in.

And did he
touch you again?

Not for a few days.

Then I happened
to call home,

and my mom said

somebody had given
a condom to Jenny
in the park.

That night, Charlie asked me
what my daughter brought home
for show and tell.

Then he said it's time
for his back rub.

That's when I decided.

Decided what, Alice?

To stop Charlie.

I called Luis Pacheco.

He said he needed
$500 for a clean gun.

I told him Charlie
was gonna be staying
at the Barrington Hotel.

I told him
to kill Charlie.

Right.

Thank you.

You're a convicted felon,
aren't you?

That's why you're in prison
in the first place?

You should know
You prosecuted me.

I suppose
you were innocent.

I made a mistake.

Didn't you get in trouble
in the first prison
you went to?

Some girls had
some marijuana.

They told me it was
no big deal.

I was smoking with them.

We all got busted.
It was stupid of me.

They were supposed to
send me to a work camp.

Instead, they sent me
to Pine Hills.

Where you stabbed
another inmate
with a broomstick.

Was that just another
stupid mistake?

No. She came at me with it.

After Charlie Tyner
allegedly raped you,

he assigned you
a cushy job
in the commissary?

I didn't ask
to work there.

This so-called rapist
also gave you some socks,
isn't that right?

My parents sent me
five pair of wool socks.

Three days later,
somebody stole 'em.

What Charlie was
doing to me...

Yeah, he gave me
some socks.

So this relationship
had some perks for you.

It wasn't
a relationship.

It was rape.

But you never
complained about it.

The last girl
who complained,

they planted drugs
in her cell.

You never even told
your Paganos friend, Candy?

Or Luis Pacheco?

No.

Didn't you
trust them?

I was ashamed.

Why would you feel ashamed
if it wasn't your fault?

Have you ever been raped,
Ms. Carmichael?

Don't you think I felt stupid
for being where Charlie Tyner
could rape me?

So now you blame yourself.

Yes.

But instead of
punishing yourself,

you punished Charlie Tyner.

No. No.

You had Luis Pacheco
force him to his knees...

He was killing me.

...and beg for his life.

I just wanted to go home
to my daughter.

Charlie knew that.

He was using that.

He was never gonna stop.

I was just scared
all the time.

Can't you
understand that?

He had all the power!

I was nothing!

Isn't your jury
still out?

Just looking for
a little solace, Adam.

One or two holdouts?

Split down the middle.

Three days.

Why doesn't that
judge hang 'em?

Probably give 'em
a day or two more.

How do you stand
with Melnick?

Man One's been
on the table.

I haven't heard from her
since the jury went out.

Why don't we
give her a call?

I'm sending my file
to the Westchester
County D.A.

We're breaking up
the party at Pine Hills.

That's great.

But you still can't erase
the past.

My offer
is still Man One,

or we get ready
for a retrial.

It's a wash, Jack.
It'll always be a wash.

Does your client
want to take that chance?

Plea down
to Attempted Man One.

Five to ten.
Three to six.

Concurrent with
her drug sentence.

If she testifies
against Pacheco.

She put you up to that.

That's a death sentence.

She's the reason
that I'm talking to you.

Alice...

Okay, look,

she knows where Pacheco
got the gun.

She'll give you
a name and address,
but no testimony.

I'm eligible for parole
in three years?

Yes.
But no guarantees.

And they don't send me
up to Albion.

Okay?

Need a lift?

You go ahead.
I'll call a cab.

I need to decompress.

Want to talk
about it?

Or not.

Whatever you feel
comfortable with.

I was a freshman.

He was a third year
law student.

We were on a date.

I never told anybody.

I blamed myself.

But not anymore.