All language subtitles for Law and order S10E05 - Justice

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.

A little variety? Would
that be a bad thing?

The Cohens got
a strawberry patch.

You know strawberries
give me the hives.

So forget about strawberries.
Why always asparagus, huh?

Why not potatoes?

Potatoes? Sure. There are lots
of ways to cook potatoes.

Baked, mashed, scalloped,
cottage fries.

Cottage fries?
All that grease.

A man of your age? Are you
looking for a heart attack?

LOU?

I think we better call 911.

White male.
Mid- to late-30s.

When did he cash in?

Way it rained last night, hard to tell.
Eight, 10 hours ago.

So around midnight.

Looks like blunt force
upside the head.

With this. Found it
near the entrance.

Blood on the tip over here.

What's their story?

Oh, grapes of wrath. Co-op garden.
The gate's always open.

And nobody saw
or heard anything.

You're amazing.

What's with his hands?

All scraped up. Wingtips
scratched on the uppers.

Well, he probably landed on the pavement and
got dragged in here sometime last night.

Nice selection of tens and twenties.
Probably not a mugging.

Martin Felder,
13 East 82nd Street.

New York Bar Association.

The guy's a lawyer.
Hmm.

I'll be in mourning
for the next five minutes.

East Side Athletic Club. Friends of Lincoln Center.
Metropolitan Museum.

Should have joined the
Horticultural Society.

He was working at the office.

He called say that he was
going to be very late,

so I just went to bed.

He do that often?
Work late?

Yes. He's hardly had
a day off since the spring.

We didn't even
take our vacation.

What was he working on?
I don't know.

Look in his briefcase.

We didn't find a briefcase.

Well, he always
had it with him.

Did he, uh, have any enemies?

Any money problems?
Anything of that nature?

No. Martin was
a very sweet man.

Anything job-related,
like an unhappy client?

No. The only unhappy
person at work was Martin.

ED: How's that?

It was all corporate
work. He hated it.

But he couldn't afford to quit.

He wanted so much
to make a difference.

Marty ran our due diligence
team. He was indispensable.

No one could collate
contracts like him.

Do you know what he was
collating on West 31st?

I wish I knew. This could all be
very embarrassing for the firm.

Not to mention his family.

Was Felder the type to get himself
in embarrassing situations?

If he was, he wouldn't
have been working here.

Right. Uh, Mr. Curry,

if you don't mind,

we'd like to see every piece
of business he was working on.

Besides the fact it's all privileged,
we do mergers and acquisitions.

Far as I know, no one's ever
been killed because of an IPO.

Well, not literally. I'm sorry, I
have to make a conference call.

He had the briefcase
with him when he left.

When was that?

8:30, thereabouts.

He said he had
a business meeting.

He didn't tell me
what it was in regards to.

Would it be in his daytimer?

He usually carried
that in his briefcase.

I didn't schedule the meeting,
so I don't have a record of it.

But you're sure
it was business.

Yes. Mr. Felder was about work.
It was always about work.

He billed 80,90 hours a week. More
than anyone else at the firm.

We're going to need whatever
personal papers are in here.

I'll get you a box.

I'm starting to think Felder
whacked himself over the head.

If I had his life,
I might kill myself.

Or find some very
creative hobbies.

I don't see how he paid
for any hobbies.

Barely any cash
in his own account,

his wife wrote all the checks.
Guy was on a short leash.

I write all the checks
in my house.

Felder charged a rental car to his personal
credit card five, six, seven times

in the last two months.
Always on a weekday.

On a weekday?

Guess he found some
time to stretch that leash.

Mr. Felder always took a
mid-size, same-day return.

Eight rentals in two months.
Last one on Monday.

Day before he was killed. Did Felder
happen to say where he was going?

No.

Oh, here's something.

Two weeks ago he had a breakdown on the
road and had to switch out to another car.

Where? Uh, he dealt with
our branch in Clinton.

Doesn't the Department of Corrections
also have a branch in Clinton?

Felder had a client at the
Clinton Correctional Facility.

Death row inmate,
Stephen Dupree.

He was his handling
his appeal pro bono.

Dupree. Sounds familiar.

He beat a woman to death during
a home robbery four years ago.

Her name was Dana Hagen.

Right. I remember the husband
ran a software company.

He wanted the guy crucified,
and he was not shy about it.

Well, the crucifixion's been
delayed for the umpteenth time.

Dupree got a stay
and filed for a new trial.

His bad luck his lawyer's dead.

Might not be luck.
This Dupree's a piece work.

When the verdict came down he attacked
his attorney in the courtroom.

Then he got a new lawyer who quit
after Dupree threatened him.

He doesn't handle
bad news very well.

Well, if his appeal
wasn't going his way,

getting rid of Felder could stall
the needle a few more years.

He put out a hit?

What do you mean, he's dead?

He was murdered in
the city three days ago.

No.

This can't be happening to me.

It's not.
It happened to Felder.

No, I mean, Felder said
he was getting new evidence.

He said he had a shot
of getting me out of here.

What new evidence? I don't know.
Just check his files.

The police didn't find any
files pertaining to you.

Oh, man, what am I gonna do?

You're gonna get yourself
another lawyer, another stay,

another year or two will go by,

which was the whole point
of having Felder killed.

What are you talking about?

You have a bad track record with lawyers
who don't tell you what you want to hear.

No way.
Felder knew I'm innocent.

He said he was on
a mission to save my life.

Why would I want him dead?

New evidence, Abbie? Favorite
fantasy of the appellate advocate.

What was Felder doing exactly?

Being a pain in the ass.

He subpoenaed any police
files on a Michael Gordon

as they related
to the Hagen murder.

Who's Michael Gordon?
According to Felder,

some kind of bad number
who could clear his client.

And according to you?
Pure smoke.

There's no mention of any Michael
Gordon in the murder file.

The appeal was a loser, Abbie.
Same as Dupree.

The husband saw him walking
away from the townhouse,

even picked him
out of a line-up.

Now, I'm sorry about Felder.

I'm even sorrier Dupree is
going to be breathing our air

a couple of more years
because of this.

In New York State alone there are over 100
Michael Gordons with a criminal record.

Felder's subpoena didn't give any
more information about Gordon?

Just that
he's an ex-con.

You didn't find Felder's
files on Dupree?

No. Could be in
the missing briefcase.

Could be why he was killed
in the first place.

If he had information that implicated
Gordon in a woman's murder...

How did a corporate lawyer like
Felder find a lowlife like Gordon?

P.I.
Paid by who?

We went over Felder's financials, and
sure as hell Dupree didn't foot the bill.

Well, maybe Felder's
law firm did.

Felder stuck his law firm
for my bill, huh?

I love it! Gotta give him
an "atta boy" for that.

Yeah, well it'll have
to be in the next life.

Felder was murdered Tuesday.

No kidding.

Geez, you spend a week in Pompano
and everything turns to hell.

Oh!

What kind of work
did you do for Felder?

He had an appeal on
a robbery-homicide.

I know some people in that
world, so I made some inquiries.

What'd you turn up?
A name.

Michael Gordon.

He unloaded some swag from
a robbery at the time.

Where can we find him?

If I knew that, I would
have told Felder.

Well, where'd you
hear about Gordon?

From the widow
of Max Bronstein.

Max ran a fence
in the West Forties

till the cancer
got him a year ago.

You know about the, uh, phone
calls that Felder got?

No, we don't.

Last week, Felder got a
call on his cell phone

threatening him if he didn't
back off the appeal.

You check into it?

Oh, yeah, yeah, yeah, I got the IUDs
from the phone company, with no joy.

Call came from
a pay phone, Midtown.

Thanks.
Hey.

We don't give out our
subscribers' numbers to anybody.

They pay for every call they get, so
naturally they don't want unsolicited ones.

So the junk mail I get for special
offers for cell phone users,

who gave them my name?

Well, we do sell our subscriber list to companies.
It's standard practice.

Those lists include
the phone numbers?

Yes, but they're contractually
precluded from calling.

Who'd you sell the list to lately?
Let's see.

Two marketing firms
and a software company.

What software company?

Hagen Software.

As in the husband
of the late Dana Hagen.

We design smart cards
for cell phones,

so of course we buy mailing lists.
It's not illegal.

One of the names you bought was Martin Felder.
Ever hear of him?

No. Why? Who is he?

He's a lawyer. He was filing
an appeal for Steven Dupree

before he was killed last Tuesday.
Name ring a bell now?

Not his name. No.

He got Dupree
a stay of execution.

Did you know that?
I didn't know.

You don't remember Victims'
Assistance calling you to tell you

that Felder filed a new appeal for the
son of a bitch who killed your wife?

ED: You don't remember calling
Felder from a phone booth

around the corner
from your office?

You've been waiting four years
to see this dirtbag put down.

We can imagine how that feels.
No, you can't.

Somebody you love gets killed.
The only way you can stay sane

is to think about what's gonna
happen to the bastard who did it.

Anybody who gets in the way,
like some smart lawyer...

All right! All
right, I called him.

I was angry.

That animal, Dupree,
killed my wife.

I passed him on the street.

He was coming from our home.

He killed my Dana.

Four years I've waited.

Mr. Hagen, what you did
to Felder, we can...

I didn't do anything
to that man.

I called him.
That's all I did.

What were you doing
Monday night?

I was in my office
with two of my colleagues

talking to my supplier
in Manila.

BRISCOE:
We're gonna check on that.

Dupree?

I would kill that man
with my bare hands.

But Felder?
Please.

What would be the point?

Hagen was on an online conference
call to the Philippines.

The whole thing was
recorded by webcam.

Back to the mysterious
Michael Gordon.

If he killed Dana Hagen,

he has motive to kill Felder.

Whoa, whoa. Dana Hagen was
killed by Steven Dupree.

Why don't we start
by finding Gordon?

Gordon's a ghost.

I know you know
who prosecuted Dupree.

Andy Wolinsky.

Judge Wolinsky.

The cops go after suspects that don't
exist, Dupree's next lawyer is gonna talk

the Appellate Court into
giving him a new trial.

And then, my friends, there will be
enough brownie sandwiches to go around.

We'll handle this
on the QT for now.

Just Abbie and
Lieutenant Van Buren.

You're the Executive
A.D.A., Jack.

It's entirely your call.

(DOOR OPENING)

So, what's the first step?
(DOOR CLOSING)

There's the widow of the fence who
saw Gordon with the stolen goods,

but she left for Arizona the day
after Felder was found dead.

She won't return our calls.

So we convene a grand jury
and issue a subpoena.

I never heard
of this Michael Gordon.

Those people,
Max knew them. I didn't.

That's not what you told
the private detective.

(LAUGHS) When I was drinking!
Whatever I talked about,

I didn't know what
I was talking about.

Are you afraid of Gordon?

Please, I just want to get back
to my grandkids in Tucson.

How long do you think it's going
to take Gordon to figure out

who told Felder about him?

We're the only people
who can protect you.

After that woman was killed,

Max saw it the paper
that this kid, Dupree,

was arrested for the job.

He said the kid didn't do it.

Max never discussed his work.
But this, this he told me.

He said it was this other guy.

This Mike Gordon.

How did your husband know?

He met Gordon at the Blarney
Stone, over on 42nd.

That's where he did business.

And Gordon sold him some jewelry
from this woman's house.

I told Max, I told him, he should
have told the cops when they come by.

But Max said that
Gordon would kill us.

What cops came by?

The ones that were investigating
that woman's murder.

Somebody gave them a tip
that Max knew something.

The Hagen file has a notation the
investigators talked to Max Bronstein,

but there is no report
on the interview,

no follow-up,
no mention of a tip.

Because Ms. Carmichael,
there was no tip.

Judge Wolinsky, the widow was there when
Detective Simpson questioned her husband.

One of the first things
I learned as an A.D.A.,

right after I figured out where
to order my pastrami on rye,

was that witnesses
make mistakes.

Especially about events that
occurred four years ago.

And Michael Gordon?

I don't know if
he killed Martin Felder.

I do know who
killed Dana Hagen.

I prosecuted that gentleman,

and he's sitting on death row.

I talked to Max. He absolutely
had nothing to do with a tip.

I hit every fence I could find.

None of them knew squat.

Did Michael Gordon's
name ever come up?

Look, it's Abbie, right? We got the
guy who killed Hagen, no question.

Dupree even offered to confess if we
took the death penalty off the table.

Then I don't understand,
Detective Simpson.

Why is he sitting on death row?

Wolinsky turned him down. With what we had
on him, we didn't need his confession.

If the lead A.D.A. and the primary
detective say there was no tip...

This was a big case, wasn't it?

A woman beaten to death by a stranger
in her Upper East Side home.

Those guys must have
had their hands full.

Michael Gordon just
fell through the cracks?

Well, I'm not saying
someone goofed.

For all we know, Gordon just
fenced the goods for Dupree.

But until we find him...

Go with God.

I have sheets on every Michael
Gordon in the Tri-State area

with a burglary-related
conviction in last 10 years.

Twenty-three names.

But six of them were doing time
when Dana Hagen was killed,

and two more are dead.

Oh, well, that narrows it down.

Max Bronstein worked out
of a Blarney Stone on 42nd.

Maybe there are some bartenders
there with a good memory for faces.

Yeah, I remember Max. Uh, club
soda when he was working.

Seven-and-seven when
he wasn't. Good tipper.

Bookie right?
A fence.

Really? Five years the guy sat
at my bar, I never knew that.

He in trouble?

Not with us. He died
of cancer last year.

Oh.

I need you to look
at a few pictures.

You ever see any of
these guys with Max?

No face that jumps out at me.

Gordon. Michael Gordon.

Lot of Mikes.

Him I know.

You sure?

Yeah. He and Maxie did
business a couple times.

How long ago?

Ooh. Around the time
the Rangers got Gretzky.

Yeah. Four years ago?

Nice set of lock picks, Mike.
Honed by years of use.

And this little pry bar,
this is nice.

I've been looking
for one just like it.

Where'd you buy it?

I'm gonna wait on my lawyer.

What's he gonna tell you
you don't already know?

This is a parole violation. You're going
back upstate to finish your stretch.

And that's just for openers.

We're putting together
a murder case against you.

Maybe two.

You recognize these people?
You should.

You killed him to cover up
the fact that you killed her.

I didn't kill anybody.

ED: This is from the burglary
at the lady's house.

Dana Hagen,
if you don't remember.

The twist of the alarm wires, three turns,
bent on the side. That's your signature, Mike.

The same with all
your other burglaries.

I know four guys
do it the same way.

I said, I'm gonna
wait on my lawyer.

Forensics went through
Gordon's shoes and clothes.

No blood splatters, no mud
from the tomato patch.

Okay. Start pulling in
Gordon's associates.

Maybe he told them
about Hagen and Felder.

Hey, Abbie, we might be able
to put both bodies on Gordon.

His usual M.O. matches
the Hagen burglary.

He show any signs he might want to talk?
Not yet, but...

Jamie.

Hi.
Hey, look at you.

Hey, Lieutenant. How are you?
Never better.

Uh, this is Abbie Carmichael.

Yes, I've heard of you. Jamie Ross.
I've heard of you, too.

So, what brings you here?

Work.

(KNOCKING ON DOOR)

Hey, you.
Hello, Detective.

What, are you back
with the D.A.s?

No, Ms. Ross is
Mr. Gordon's lawyer.

ROSS: You've been
talking to my client?

Talking at him.

Hadn't he invoked
his right to counsel?

ROSS: Aside from the parole violation, are
there any other charges on the table?

Not at this time.

Well, then I'd like a word with my client,
and you can book him for arraignment.

I don't understand.
I did this four years ago.

We realize it's upsetting.

Upsetting?

It's incomprehensible.

Everyone already knows
who killed my wife.

Please, Mr. Hagen,
we need your cooperation.

You recognize someone?

Ms. Carmichael.

I don't recognize anybody.
It's not any of them.

Can I go now?

Yes, thank you.

Don't be shy. Next time,
just point to my client.

(SIGHING)

CARMICHAEL: He reacted
when he saw Gordon.

It might have dawned on him he
made a mistake four years ago.

Doesn't matter.

Jamie won't give him
another bite at the apple.

How'd she end up
representing Gordon anyhow?

I thought she was teaching.

Well, he's a holdover from before
she joined the D.A.'s office.

He called her, and I guess
she felt some obligation.

She would.

What's the rest
of the case against Gordon?

The similar M.O., the bartender's
I.D., and Max Bronstein's widow.

Coincidence,
circumstance and hearsay.

Enough for an indictment.

Get it. I'll talk
to Jamie about a plea.

Life without parole,
both counts.

The needle stays in the bag.

If you had convincing
evidence on either count,

you wouldn't hesitate to put an upstanding
citizen like Michael Gordon on death row.

Is that a no?

It's an "I'll discuss it with my
client, but I won't recommend it."

The offer won't hold forever.

Once it's gone, you know better than
anybody I'll do everything I can

to strap Gordon to a gurney.

I know what
"everything I can" means.

Then you can impress on your client
that he's dealing with a junkyard dog.

This isn't a team effort, Jack.

I'm not an A.D.A.
anymore.

Uh-huh.

Kosovo?

Yes, this little girl's
father and three brothers

were found in a mass grave
outside Prestina.

We just turned in our final report to
the War Crimes Tribunal last week.

Tough work.

Well, Adam used to say, you clean up
the world one lousy brick at a time.

Michael Gordon's what you
find hiding under the bricks.

You could have fobbed him
off on somebody else.

Some 18-B panel hack?
Not on a capital case.

Well, you'll have something to
talk about with your students.

Let me know
about the plea offer.

End of business day tomorrow.

Have you told Steven Dupree
you have another suspect?

Not yet.

No sense getting his hopes up.

Especially since you might
have to kill him anyway.

Jamie called me back. Her guy won't deal.
You talk to Eric Hagen?

Yeah, he won't budge from his original I.D.
It's Dupree all the way.

Better safe than sorry.
What's all this?

I pulled the complete
Hagen file out of storage.

It was worth
the allergy attack.

Memo from the Bronx, Property Recovery
Unit, Detective Wesley Simpson.

"Please advise regarding disposition
of one white platinum bracelet"

"engraved, 'Love forever'."

List of property stolen from
the Hagen home. Line 12.

One platinum bracelet,
inscription, "Love forever."

Where was the bracelet found?

During a vice squad sweep of
Hunts Point four years ago.

It's been in the Bronx in a
property room ever since.

Anybody find out how
it ended up in Hunts Point?

No indications Detective Simpson or
anyone else followed up on that memo.

Time somebody did.

Yeah, I used to work the Point,
about two lifetimes before this.

You remember being arrested
there four years ago?

You seen my sheet, right? Think you
could keep track of all those busts?

I sure as hell can't.

Jasmine, you're on awaiting
list for a methadone program.

I can get you moved to
the front of that line.

You were arrested
with this bracelet.

Yeah, Mack named Bernard gave it to me.
Some silver-plated crap.

Actually, it was
solid platinum.

No kidding.

Do you know where he got it?

Yeah, from Fat Maxie at a
bar over on Forty-Deuce.

The Blarney Stone.
That one.

The cops who arrested you,
did they ask where you got it?

Yeah, Fat Maxie
what I told 'em.

The bracelet was recovered from the
girl three weeks into Dupree's trial.

You'd already rested your case.

We didn't know
about the bracelet.

The memo about it
was in the file.

The bracelet
corroborated the tip.

Again with this tip.

Andy, we're not alleging
any malfeasance here.

I should hope not.

JACK: This was
a high-profile case.

Death penalty, long hours.

You were invested in
getting Dupree convicted.

My God, Jack, the guy was arrested in
a bar three blocks from the scene.

He was ready to confess. There was
no mistake here, no dereliction.

Whatever happened,
now's the time to undo it.

There's nothing to undo.

Forget that an innocent mean
might be sitting on death row.

Michael Gordon could get
away with two murders.

We need you to confirm
the prostitute's story

and to confirm you had
the tip about Max Bronstein.

These allegations are crap. Dana Hagen
was killed by Steven Dupree, period.

Now, get out.

I put that creep up for office.

This tip,

maybe you ought to find
out where it came from?

After four years?

Four years, four days.

Find the tipster, find a
witness against Mr. Gordon.

From the Department
of Correction.

Gordon's cellmates,
four years ago.

He was at Rikers awaiting
trial on a larceny charge.

What I can't figure out is if
someone wanted to rat out Gordon,

why tip the police
about Max Bronstein?

Maybe they didn't know about Gordon. Maybe
they just knew Bronstein was fencing goods

from the Hagen murder.

I don't think it's something
Bronstein would have bragged about.

Everyone said he was discrete.

Maybe Gordon wasn't.

Then back to my original question.
Why not drop the dime on Gordon?

Maybe they had no choice.

Here you go. The complete
works of Dupree, Steven,

from arraignment to appeals.

Gonna take a little longer
to get the trial transcripts.

All I need is
the sign-out sheet.

It was last signed out
two weeks ago.

It should This go
back four years?

Jamie,

can I have a word?

Hey, Katie, you remember
Mommy's friend, Jack?

Hi, Katie.

Just go on up the steps, and
I'll meet you in a second.

Jack, you look terrible.
What, you sleep in that suit?

You tipped off Andy Wolinsky.

What are you talking about?

Four years ago, you were Gordon's
lawyer on a larceny case.

Somehow, you found out
he killed Dana Hagen.

You had an ethical problem.
You couldn't turn him in.

Jack... You did the
next best thing.

You pointed the police
at his fence,

which should have led
them straight to Gordon.

I cannot discuss... You know
the wrong man's on death row.

Two weeks after you joined the D.A.'s
office you signed out Dupree's file.

What were you doing, checking
the status of his appeal?

I can't have this
conversation with you.

You know Gordon did it,
don't you?

You know it for a fact.

You're gonna stand by and watch Steven
Dupree die for a murder he didn't commit?

Goodbye, Jack.

Jamie, for God's sake, you cared
then, don't you care now?

We found the source of the tip.

That'd be quite a feat,
since I never got a tip.

I can't reveal the name, but
suffice it to say it's a woman.

Another junkie prostitute?

Her credibility's above reproach.
Andy, I'm giving you a chance.

You come after me, you make sure
you don't leave me standing.

I will use the full power
of my office to bury you.

We can't turn this corner unless
Jamie tells us what she knows.

We assume she can't because of attorney-client
privilege. Her hands are tied.

Are they?

I want you to call her.

Set up a meeting with Gordon.

Where's my client?

In the conference room.
I think we should talk first.

I'm going to make
Gordon a final offer.

25-to-life on both
murder counts.

I'll discuss it.

I want you to recommend it.
Based on what?

On the fact that we have
an ironclad case against him.

Do you?
Cards on the table, okay?

Wolinsky refuses to concede that he
put an innocent man on death row.

He won't even acknowledge that
they got the tip about the fence.

Maybe that's because
the tip was a dead end.

It wasn't. There's
independent confirmation.

Max Bronstein fenced some
jewelry from the Hagens.

The bracelet was found during Dupree's trial.
Wolinsky ignored it.

Of course, in itself it's not
enough to prove Dupree's innocence

or your client's guilt.

Only the person who called
in the tip could do that.

Sorry, I can't help you.

I'm not asking you to break the
attorney-client privilege.

But I don't think it would stretch
your ethics too much to recommend

your client take this deal.

Even if I don't think
it's in his best interest?

Your job is to achieve the best
result for your client. You know me.

From here on in, it won't
get any better for him.

You make the offer.
I'll call it the way I see it.

Steven Dupree.

Don't talk to me
about Steven Dupree.

Your office put him in jail.
You get him out.

You know as well as I do that
without proof of his innocence

or an admission of guilt
by your client,

the chances of a court overturning
a jury verdict are next to nil.

That can't be my problem, Jack.

Let's just make
it right, Jamie.

Because, uh, if we're going
to play by the rules,

you already violated
attorney-client privilege

when you tipped off
Wolinsky, and I,

as an officer of the court, I have a duty
to inform the Disciplinary Committee

and your client.

Is that a threat?

Jamie, please.

Just get Gordon
to take the plea.

About time.

I'm gonna be late for
cookies and milk at Rikers.

I have a one-time offer,
Mr. Gordon.

Your plea of guilty for the murders
of Martin Felder and Dana Hagen

in return for concurrent
sentences of 25-to-life.

You have an hour
to make up your mind.

No way.
I want a trial.

Didn't you tell 'em
I want a trial?

I'm sure Ms. Ross will agree, a
trial's not in your best interest.

(SIGHING) Mr. Gordon, I'm resigning as
your counsel, effective immediately.

While representing you,
I violated the code of conduct

and breached our
attorney-client privilege.

I'll be making a full disclosure to
Disciplinary Committee of the New York Bar.

I'll help you
find a new attorney.

In the meantime,
keep your mouth shut.

Anything she tells the Disciplinary
Committee will be kept under seal.

We won't be able to use it against Gordon.
It's brilliant.

I knew there was a reason
I hired that young lady.

You're both enjoying
this, aren't you?

You tried to coerce her
into selling out her client.

Lit your own petard, my boy.

A judge can still compel her to
testify about what Gordon told her.

How? Her conversations
with him are privileged.

Not the ones she divulged
to third parties.

Says you.

Whatever I said during an
anonymous call four years ago

resulted from information I received
from Mr. Gordon. It's privileged.

She broke the privilege herself
when she called Wolinsky.

She can't assert it now.

The privilege belongs to Mr. Gordon.
Unless he waives it.

Your Honor, her anonymous call

contains information crucial to the
prosecution of a capital crime

committed by Gordon.

Just a minute,
Mr. McCoy.

Ms. Ross, this tip
concerned your client?

Yes.
JUDGE: Ms. Ross...

I've already informed
the Disciplinary Committee.

What did you tell
Judge Wolinsky?

That he had charged the wrong man
in the murder of Dana Hagen,

and that a fence named Max
Bronstein had received goods

stolen from the Hagen home.

And you had gotten this information
directly from your client?

Yes, among other details
relating to the Hagen murder.

When I called Wolinsky
the second time,

I essentially repeated
the same information.

You called Wolinsky
again? When?

During Steven Dupree's trial, just
before the case went to jury.

Mr. McCoy, it is obvious anything
Ms. Ross might say in court

would only further breach Mr. Gordon's
attorney-client privilege.

You cannot use her testimony against him.
Your motion is denied.

Your Honor, I want to use her
testimony against a third party.

JUDGE: Who?

Andrew Wolinsky.

The People plan to bring
charges of attempted murder.

Against Judge Wolinsky?

Yes.

Ms. Ross testifies
against him.

Nothing she says can be
used against Gordon.

Your Honor...
JUDGE: Ms. Ross.

On that limited basis,

I don't see a problem.

I'm issuing an order
for your testimony.

And I sure hope you know what
you're doing, Mr. McCoy.

BRISCOE: Judge Wolinsky,
you mind coming with us?

What? What for?

You're under arrest for the
attempted murder of Steven Dupree.

What is this, a joke?
No, Your Honor.

We'll have to ask you
to remove the robe.

Call Helen Brolin.
Her number's in my Rolodex.

You have the right
to remain silent.

Anything you do say can, and
will be used against you...

ADAM: What in the world
were you thinking?

What was Wolinsky thinking?

Jamie called him twice. The second time
after they found the Hagen bracelet.

It'll be her word
against Wolinsky's.

Just because the grand
jury believed her...

I haven't indicted him yet. I'm
hoping Wolinsky will spare himself

the embarrassment and fold.

And then?

And then give me what I
need to convict Gordon.

Oh.

So you don't think that Wolinsky
committed attempted murder?

Yes, he ignored evidence.

He had reason to believe
Dupree was innocent,

and he still sent
him to death row.

A jury might see that
as attempted murder.

They might never see it at all.

Wolinsky just filed
for a preliminary hearing.

He just has to convince a judge

there isn't sufficient evidence
to sustain the charge.

So a fellow judge

will decide
Judge Wolinsky's fate.

Is that what you
meant by folding?

JAMIE: During one of our
meetings four years ago,

Mr. Gordon boasted that
he'd killed Dana Hagen.

The case was in the
papers at the time.

Mr. Gordon provided details.

He even named the person he used to fence
jewelry stolen from the Hagen home.

I confirmed enough of his information
to know he was telling the truth.

What did you do then?

I tried persuading him
to come forward,

but he refused.

I wasn't sure
what to do next. I...

I knew I had an
obligation to Mr. Gordon,

but I felt what I can only
describe as a higher duty

to prevent a miscarriage
of justice.

I called the Bar Association's
ethics hotline for guidance.

JACK: What did
they tell you?

JAMIE: That my safest course
of action was to do nothing.

But I couldn't accept that.

That's when I placed an anonymous
call to Andrew Wolinsky.

JACK: What did
you tell him?

(SIGHING) I didn't want
to implicate my client,

but I wanted to give just enough
information to clear Mr. Dupree.

So, I told Mr. Wolinsky that
Steven Dupree was innocent.

I told him about the fence, Max
Bronstein, about the stolen jewelry.

JACK: How did
Mr. Wolinsky respond?

He took down Max Bronstein's
name, thanked me, and hung up.

Did you follow up?

Yes. A few weeks later, after
Mr. Dupree's case had proceeded to trial,

I called
Mr. Wolinsky again.

I remember it was the day just
before the summations. August 20th.

Did you know that by that time Dana
Hagen's bracelet had been recovered

and traced to Max Bronstein?

No.

What did you tell
Mr. Wolinsky on August 20th?

I repeated what I told
him the first time.

I offered to give
him more information.

I was ready
to go out on a limb.

What did Mr. Wolinsky say?

He said that he
was a very busy man.

That it was a crime to provide
false information to the police.

And then, he hung up on me.

Thank you.

Did you tape these calls?
Keep any phone records?

No.

So all we have is your word.

Why would I admit violating
the code of conduct?

Good question.

Since you left the District
Attorney's Office,

you've done pro bono work for the
Southern Poverty Law Center.

Yes, some work.

They're an anti-death penalty
advocacy group, aren't they?

JAMIE: That's only one
aspect of their work.

Are you opposed
to the death penalty?

Objection. Relevance.

Goes to credibility.

Overruled. Answer her
question, Ms. Ross.

Yes, I'm opposed
to the death penalty.

Did you always feel this way?

No.

What changed your mind?

When I worked at the D.A's office,
I saw the death penalty applied.

A.D.A's are overworked.

They're competitive.

They often act out of their own
prejudices or personal hurts.

What they think the politics
demands They make mistakes.

Errors of judgment.

The death penalty is final.

It eliminates any chance
of correcting those mistakes.

How moving.

And how fortunate you stumbled across
a perfect example of your thesis.

I didn't make up what Michael Gordon told me.
I wouldn't lie.

You're St. Joan
of Hogan Place.

You are moved by a
call to a higher duty.

It allows you to violate
Mr. Gordon's confidence.

That's not what I meant.

Why wouldn't it
allow you to lie?

I didn't lie. You lied
to Michael Gordon.

You told him you'd keep his
confidences, didn't you?

Yes.

You lie when it suits you.

You change opinions
the way I change blouses.

You flit from one
cause to another.

Objection.
Why should we

believe anything
you tell this court?

Ms. Brolin, you
made your point.

Then no more
questions, Your Honor.

(SIGHING)

I worked on the Hagen case
for nearly 18 months.

I spoke with
dozens of witnesses,

read over 100 police reports,

and received I don't know
how many phone calls.

But I don't remember getting any calls
like the ones Ms. Ross described.

Did you receive
any tips at all?

Not personally, no.

But the police did.

Cases like these always generate a
lot of tips, most of them false.

If there had been any that led anywhere,
I'm sure the police would have told me.

Now, Judge,

as you sit here
today under oath,

are you still convinced you put
the right man on death row

for the murder of Dana Hagen?

Yes. Without a doubt,
absolutely.

Thank you.

So I guess you
don't make mistakes.

(SCOFFS) Not in this case, no.

What about the bracelet that sat on a
shelf in the Bronx for four years?

I was unaware of that until you
brought it to my attention.

If you weren't aware, whose fault is that?
The police?

I suppose so.

If that lead wasn't followed,

again, that's the fault
of the police?

If it was a
legitimate lead, yes.

It's up to them
to investigate it.

But my guess is Mr. Dupree disposed of
the bracelet before he was arrested.

But since the investigating detectives
didn't do their job, we'll never know.

It's moot.

Dupree was identified
by the victim's husband.

As a former prosecutor,
you're aware of the studies

documenting the unreliability
of eyewitnesses?

Yes.

JACK: Mr. Hagen got a quick glimpse
of the suspect on a dark street.

He might have
been mistaken, yes?

It's possible.

But you're forgetting the fact that
Mr. Dupree offered to confess.

On the advice of his attorney,
and only if you took

the death penalty
off the table.

Yes.

If it turns out
that he is innocent,

his lawyer gave him bad advice.

I'd say so.

In the unlikely event
he's innocent.

If he is, his conviction is the
result of terrible mistakes

by the police,
by Mr. Hagen,

by Dupree's attorney,
by Dupree himself.

By everyone except you,
because you don't mistakes.

Isn't that what you're saying?
No, no, no, no, no.

If the evidence had been there,
I would have looked into it.

You were afraid to. You were to
about deliver your summation.

Dupree had to be your guy.

That's not true.
Three days

after Dupree was
sentenced to death,

didn't you ask Adam Schiff to put
your name up for a judgeship?

Yes or no?

Yes.

Dupree's conviction was
your ticket to the bench.

No.

Isn't that why you turned down
his offer of a confession?

No.
Isn't that why

you ignored
Ms. Rose's phone calls?

ANDREW: No, I didn't... JACK:
Because it wasn't a mistake?

You placed your ambition
above a man's life.

I know down to my bones
that Steven Dupree is guilty.

You'll never convince
me otherwise.

We start second
guessing ourselves,

pretty soon the public starts
second guessing the process.

And society won't tolerate that.
It needs the certainty of justice.

JACK: Your Honor...
You look at the facts,

you decide on a course of action,
and then you stick to it.

That is how
I work, Mr. McCoy!

That is how we all work.

JUDGE:
Given the record before me,

I see no credible reason to
reject Ms. Rose's testimony.

That being said, let me add,

in the heat of atrial,
details can be overlooked.

We all wish the
administration of justice

could have been
more diligent. However,

I see no evidence

of a crucial element of a
crime of attempted murder.

I see no evidence of intent.

If Judge Wolinsky

committed any wrong, it was a
crime of arrogance, not design.

Therefore, I find insufficient evidence
to allow this matter to proceed.

The charge is dismissed.
(BANGS GAVEL)

Mr. McCoy, anywhere we can talk?

What is it you
wanted to tell us?

Bronx vice sent over
the hooker's bracelet

in the middle
of Dupree's trial.

I had it tested for prints.

We found Max Bronstein
and Michael Gordon's.

Did Wolinsky know?
Uh-huh.

I showed him the report.

He asked me if I still
thought Dupree did it.

I... I told him I'd have a
hard time finding him guilty.

Wolinsky said he wouldn't.

CARMICHAEL:
What did you do?

Wolinsky told me to wipe off the
bracelet and send it back to the Bronx.

He wanted all copies
of the fingerprint report.

And that's how the police screwed
up and let old Andy Wolinsky down.

Did you keep
a copy of the report?

No. But there was one
I couldn't get rid of.

This report was
in Latent's files.

Now it's in ours.

You still want atrial, Mr. Gordon?
It's your right.

Well, defense's exhibit one is
Steven Dupree's conviction.

Which I guarantee will be voided by
the time your client comes to trial.

The offer is still 25-to-life for
Dana Hagen and Martin Felder.

I want to remind you you'll be facing
the death penalty for Martin Felder.

I'll take it.

I'll do the quarter.

Gordon pleaded out.

I heard.

We re-filed against Wolinsky.
Let's see what happens.

The committee
ask you to testify?

No.

(SIGHING) Last time I was
here, it wasn't by choice.

I hated the...
It's okay.

Whatever you told them,
it softened the blow.

Life's a funny old dog, isn't it?
(CHUCKLES)

I'm scared, Jack.

I love the law.