All language subtitles for Law and orer S12E07 - Myth of Fingerprints

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.

Can't you hook up
with a guy who lives in
an elevator building?

Quit bitchin',
we're here.

Thank God, these
heels are killing me.

Jimmy, you in there?

Jimmy!

He's with
that Connie Ditchko,
I'm gonna kill him.

That Ukrainian girl?

Oh, relax, he'll call
you tomorrow. Come on.

Wait.

What, Jimmy gave you
the keys to his crib?

You only been
with him a month.

He didn't give it
to me. I took it.

Oh, you go, girl.
(SNICKERS)

Jimmy!

Jimmy!

(GASPS) Oh, my God.

(CRYING) Jimmy!

Oh. my God!

And the dead guy is
James Foley, 36.

Girlfriend was supposed
to meet him at some club,

he didn't show,
she came looking for him.

I guess it was
the maid's week off.

ED: Hmm. I'm no M.E.,
but it looks like
this guy

got his head bashed in.

Maybe they were fighting over
which TV show to watch.

It's a lot of blood.

Head wounds.
Bleed like crazy.

Tell me about it.

When I was a kid,
I fell off my bike,

split my scalp
wide open.

My mother thought
I was gonna die.

How many stitches?

Twenty-six.

Beats me.
Most I ever got
was eight.

Bobby Delillo split my lip
open playing stickball.

(CHUCKLES) Stickball?

Hey, Willie Mays
was a three sewer
stickball player.

Guess he was
in the middle
of shaving.

Mmm. Looks like
he missed a spot.

Blunt force trauma,
skull fracture.

Cause of death,
epidural bleeding.

That never happened
playing stickball.

CSU found blood splatters
on the television set,

mixed with hair fibers
and skull particulate.

Any chance
this was an accident?

I did blood alcohol
and ran a tox screen.

He'd had
a couple of drinks.

But was he inebriated enough
to stagger around

and pull the TV down
on top of himself?
I don't think so.

So it was a homicide.

I found fresh bruises
on his torso,

consistent with
punches or blows.

So what,
they waltz around,

the perp picks up the TV set
and bashes his skull in?

Or they tussle,
the perp shoves him,
he falls down.

Irresistible force meets
immovable object.

I also found some
blue synthetic fibers
on Foley's pants,

which matched fibers
CSU pulled from
the window sill.

That's a long shot.

Well, lab says
these type of fibers

are used to
make work clothes,
uniforms, jackets.

Maybe the cable guy.

Yeah right.
Like they ever show up.

What about
the girlfriend?

Witnesses put her
at the club at
the time of the murder.

And these blue fibers?

Maybe Foley was
a sucker for a uniform.

There's no sign of a break-in.
According to the girlfriend,

she had to use
her key to get in.

So Foley's shaving,
gettin' ready
to go out.

He buzzes the guy up,
lets him in.

They fight,
Foley gets his head
smashed in,

the perp either closes
the door behind him

or he goes out the window
and down the fire escape.

And leaves
a few fibers behind.
What about prints?

Latent lifted
53 partials.

Popular fella.
How about the canvass?

A neighbor heard
two men arguing,

and then aloud bang,
sometime around 10:45.

Yeah. That would've
been the TV set,
imploding on Foley's skull.

Another neighbor
said she saw Foley arguing
with a heavyset white guy

in front of his building
a few weeks ago.

She know
what that was about?

Only that it got
pretty heated.

Yeah, unfortunately,

there's no
"heavyset white guy"
listed in the phone book.

What else do we know
about Foley?

Well, he had a record.

Uh, couple of assaults,
drug possession.

That explains
the visitors.

Last bust was
for four grams of coke.

He got probation.

With that record?

Maybe his lawyer
was Clarence Darrow.

ED:
Girlfriend seemed to think
he'd cleaned up his act.

Girlfriends are always
the last to know.

Them and
probation officers.

Well, he's been passing
his urine tests.

As far as I know
he was clean.

What about
this last bust?

Well, the cops raided
some dance club
he was working at.

They found some coke
behind the bar.

So how'd
he get probation?

What I heard,
they screwed up
the search.

Our Fourth Amendment
at work.

Well, except for this
family court thing,

I thought that Foley
was doin' pretty good.

ED: What family
court thing?

Some custody fight
or something.

BRISCOE:
He had a kid?

Yeah. With
an ex-girlfriend.

Apparently, she's been
ridin' his ass
about child support.

Only Foley never
shows up in court.

Finally,
this family court
judge calls me,

tells me,
if Foley doesn't show up
for the next date,

I should violate
his probation.

When was this?
Few weeks ago.

But I checked.
Foley showed.

Laura Rodriguez
filed a V petition
against James Foley

for custody and support
on January 8th of '98.

That's over
three years ago.

Guy ignored the summons.
A lot of 'em do.

So what happened
when Foley finally
did show?

It was one of those real
knockdown drag out
type of things.

ED: Which ended how?

Mother got full custody

plus an order
from the court,
for support

dating back to
when the kid was born.

BRISCOE:
Foley make a payment?

Uh, not on that day.

I'd have to check
another file to see
if he's made one since.

Dead beat dad
Don't waste your time.

Mother couldn't have been
too happy about that.

Well, if you ask me,
I think the real fight

was about the fact
that mom brought

a new boyfriend
with her to court.

Who's that?
Never got a name.

But he and Foley got
into it pretty good
in the hallway.

Couple of court officers
had to break it up.

Look, I'm sorry
Jimmy got himself killed,

but I got nothin'
to do with him anymore.

I been tryin' to put
all that behind me.

That's hard to do
when you got
a kid together.

Jimmy wasn't part
of Billy's life.

Never has been.

There's another man
in the picture.

What's that got to do
with anything?

Miss Rodriguez,
we know about the fight
outside the courtroom.

Go in and play
in the other room, okay?

Mommy'll be right in.

Three years, three years
and I don't get a cent.

Billy never gets so much
as a birthday card
from Jimmy.

It finally takes a judge
to make him show up.

And then he thinks
he's got the right to
tell me how to live my life.

He objected
to your relationship?

Yeah.
I think callin' me a slut
would qualify, don't you?

BRISCOE: What's your
boyfriend's name?

Terry.

Terry Fullmer.

What was the fight about?

I guess Jimmy didn't like
the way Terry was lookin'
at him or something,

'cause he said something
to Terry

and then Terry
said something back
and Jimmy swung on him.

This Terry?
Yeah.

Heavyset white guy.

Terry's been
the only man
in Billy's life.

He buys him things,
babysits.

He's a good person.

I met the guy
a couple times.

I take it you two
didn't get along.

He treated
Laura like crap,
and Billy.

So, no, he wasn't
my favorite person
on God's green Earth.

Laura says you've been
helping out, huh?

That's what a grown man does.
Takes care of his family.

Not like Foley.

Deadbeat wouldn't even
fork over a couple bucks

for diapers
when money was tight.

That must've really
pissed you off,

paying for a kid
who wasn't yours.

Wasn't the way I saw it,
but what's your point?

A witness ID'd you
arguing with Foley

in front of
his apartment building
a few weeks ago.

We had some words.

I was just tryin'
to get him
to come to court.

You wanna tell us
where you were
last night?

With Laura at home.

That's not much
of an alibi.

You think
I killed Foley?

Much as I hated the hump,
I wouldn't do that to Billy.

Guy was still his father.

Look, I was just
tryin' to do right
by Laura and the kid.

Then, uh, you won't mind
if we borrow your shirt.

For what?

Hey, man, if you don't
want to cooperate, we'll
come back with a warrant.

I got nothin' to hide.

Foley hardly even knew
his own kid's name.

Whoever did this to him,
he had it coming.

No fiber match
on Fullmer's shirt.

Even if there were,
you'd still have to
put him at the scene.

We re-canvassed
the building
with Fullmer's photo,

to see if anybody saw him
the night of the murder.

No luck.
Excuse me, Lieutenant.

Prints from Foley's
apartment came back.

Thanks, Cordova.

Any matches for Fullmer?

I don't see his name.

But AFIS hit on
eight partials,

generated a list
of possibles.

Wow.

So much
for not consorting
with known felons.

Most of these
are drug charges.

Another successful
probationer.

Here's one guy with
a manslaughter rap.

Maybe Foley shorted
the wrong customer.

I ain't seen Foley
in almost a year.

That's funny. The neighbor
says she remembers
your face pretty good.

Says you used to come up
to see him all the time.

Social visits,
Mr. Lynch?

Hey, look,
just 'cause a guy goes
to see another guy,

doesn't mean
anything illegal
happened.

It does if
they're both felons.

Or if one of them got
his skull smashed in.

Well, what are
you talking about?

Your friend Foley
got himself killed.

Now, your prints
being there,

plus your previously
demonstrated willingness

to take a man's life,

maybe you might wanna
help us out on this.

When did this happen?

ED: We're not gonna
help you out with
an alibi, Mr. Lynch.

Yeah. I work every night.
I get on at 6:00,
I'm here 'till midnight.

If it happened between then,
it couldn't have been me.

But you have seen him more
recently than a year ago,
haven't you?

BRISCOE:
When was the last time
you saw him?

Hey, man,
don't make us go
to your PO.

Maybe three,
four months ago.

I heard he was movin'
a lot of product

out of that club
he worked at.

And you weren't too happy
just being a busboy?

Only nothin' happened.

Foley got busted himself
a few days before I saw him.

Said it was a lot of coke
and he had to lay low
for awhile.

We heard it was
just a few grams.

I guess some of it
got lost on the way
to the station house.

Look, all I know is Foley
said he wasn't going to jail.

Why do you want to
know about Foley?

We were just wondering
how he got off with
a jaywalking ticket

on a half pound of coke.

Problems with the search.

You had
a valid search warrant.
We pulled your jacket.

Where do you get off
pulling one of
my case files?

The case came in
A1 weight,
it went out C weight.

I don't think I like
your implication,
Detective.

And I don't think
we like being told
the same story

you supplied
the probation officer.

Why all this interest
in a maggot like Foley?

ED: Because this maggot
got himself murdered
the other day.

I hadn't heard.

So now you want
to tell us

how Foley got himself
a "get out of jail free" card?

We flipped him.

Foley was
a confidential informant.

A Cl?
Yeah.

Narcotics said
that they'd been sitting
on Foley for months,

got a tip that he'd been
moving some real quantity
out of this club.

How much did they find?

A half a pound
of uncut cocaine.

So they
get their information
and Foley gets probation.

And the PO gets
some bogus story about
a search gone bad.

Yeah. Give me
a nice clean
homicide any day.

How much information
did Foley provide?

Well, according to the cops
who handle him,

in three months,
Foley's dropped a dime

on about half
a dozen bad guys.

Do they think anyone
found out about it?

BRISCOE:
There's one for sure.

"Glenn Edwards."

Foley testified
against him
at the trial.

He got transferred
to Sing Sing a month ago.

Whose turn is it
to put in for gas money?

You wasted a trip.
I got nothing
against Foley.

BRISCOE:
That's funny, we heard
he sent you here.

Guess he did
what he had to do.

That's a pretty
enlightened attitude

you got there,
Mr. Edwards.

Now if I found out
some guy ratted me out...

What comes around,
goes around,
why sweat it.

Then you knew
Foley was dead?

My people thought the news
might cheer me up.

Yeah,
we were thinking
the same thing.

Yeah?

Well, I got
a pretty good alibi.

BRISCOE: Well, doesn't
mean you couldn't have
had one of your people

arrange it though,
does it?

Just 'cause I fanned
a few flames doesn't
mean I set the fire.

Meaning what?

Look into a dude
Foley capped about
10 years ago.

What? He came back from
the dead for revenge?

Foley skated on the murder
but it turns out

the guy who's actually
convicted for it is
right here in this prison.

ED: And you
know this how?

Told you.
What goes around,
comes around.

When I got
transferred here,

I found myself
on the same cell block
with an innocent man.

I just thought
he might like to know

who he's doin
his time for,
that's all.

Edwards never told me
anything about anybody
named Foley.

Now why would he make
something like that up.

How do I know?

He's the one
who had the beef
with this guy.

And he just happens
to point the finger
at you?

Things like that
happen in here
all the time.

Look, I don't know
why he would tell you

that he talked to me
about Foley. He didn't.

So you never heard
of James Foley?

ED: Look, Mr. Campbell,
the warden says

that you've been
proclaiming your innocence
since you set foot in here.

Doesn't seem
to have done me
much good, does it?

Well, who knows,
maybe today's
your lucky day.

I been up here for 12 years
for a crime I didn't commit.

The guy who was sent
here with me already
died in this place.

If my lucky day includes
two detectives accusing me
of another murder,

I think I'll just pass.

Edwards' phone log
from Sing Sing doesn't
have any outgoing calls

within a week of
Foley's murder.

Maybe he sent
a postcard.

Victim in the Campbell
murder was a gang banger
named David Gale.

There was an eyewitness,
fingerprints on
the murder weapon.

Another innocent man
falsely convicted.

This witness had
a pretty good sheet.

Possession,
prostitution.

Hey, like we always say,
if only all our witnesses
could be choir boys.

But the forensics
were good you said?

Set of partials
on the gun.

Moving on.

Hmm. Maybe not.

Lead detective
on the case was...

Of course,
I remember the case.

I made grade
because of it.

You got grade money
in Narcotics?

Well, city was in the midst
of a crack epidemic.

The victim was
a Lower East Side dealer.

One more dead crack dealer.
Practically a public service.

Only this one was shot
in a park across
from City Hall.

The mayor went ballistic,
wanted it solved fast.

Which you did.

Well, I had a little
luck, you know.

Eyewitness was a prostitute.
Said she heard shots,

saw the co-defendants,
Campbell and a guy
named Larry Martin,

running from the car
where the victim was,

and then we found
the murder weapon
in a dumpster.

With Campbell's
prints on it.

Detective,
those visitor logs
you asked for.

Thank you.

Those Campbell's
or Edward's?

Both. He's nothing
if not thorough.

Hey, check this out,
Campbell and Edwards
both had the same visitor

a week before
Foley's murder.

Then again
two days later.

Who?
Luke Campbell.

I'm supposed to notify
corporate before I talk
to law enforcement.

This isn't about work,
Mr. Campbell.

What's it about then?
Your brother?

I got nothing
to say about him.

What about, uh,
Glenn Edwards?

ED: He's an inmate
at Sing Sing.

The visiting log there says
you met him October 10th,

and then again
on October 12th.

Same days as you
saw your brother.

ED: What's going on,
Mr. Campbell?

This guy Edwards
said he knew something
about Bobby's case.

ED: Bobby knew
about the meetings?

No. I went to see
this guy on my own.

BRISCOE:
So what'd he tell you?

Nothing. It was a scam.
He said he knew something,
but he wanted money first.

He didn't tell you
that your brother
was innocent?

That he knew who
the real killer was?

No. He didn't.

He didn't mention a guy
named Jimmy Foley?

No.

So where you were
last Tuesday night,
Mr. Campbell?

I was working
the night shift
at my other job.

Tuesday, the 18th,
Mr. Campbell was working
a building in Midtown.

8:00 p.m. to 2:00 a.m.

ED: What kind of
job is that?

Sit at a desk, bring a book,
try not to fall asleep
kinda job.

Is he alone
all that time?

Well,
there's a supervisor.

What about a break?

Half hour for dinner.
Supervisor's gotta come
by and relieve him.

BRISCOE:
So, the boss isn't
on the premises?

He roves,
he checks each building
once an hour.

We want to talk to him.

I can page him for you.

Uh, excuse me,
are your guards bonded?

We do extensive
background checks.

Criminal history,
references, the works.

ED: Fingerprints?

Absolutely.

What else you got
in the bag?

How's it going,
Mr. Campbell?

I'll be with you
fellas in a minute.
You got a receipt?

No, I think you're gonna
come with us now.

Come with you where?

Look, I told you guys
everything I know.

Well, we think
there's a few details
you left out.

How does it feel?

Put this T-shirt back
and consider yourself lucky.

LUKE: I told you before,
I've never met anyone
named Foley.

Then maybe you can
explain why your prints
were in his apartment?

Prints don't lie,
Mr. Campbell.
You were there.

Look, you seem
like a decent,
hardworking guy.

You got no
criminal record.

Why don't you
just tell us
what happened.

Help yourself out, man.

You say that fingerprints
don't lie,

but that is not true,
not all the time.

Are you talking
about your brother?

They said his fingerprints
were on that gun,
but they weren't.

And you know this how?

'Cause Bobby was innocent.

An eyewitness
identified him.

And his co-defendant.

That witness was lying.

Oh, so now
everybody's lied right?

Look, I know
how it sounds.

But I didn't know
what else to do.

So you went there
to even the score.

No. It wasn't like that.

Then what was it like?

(SIGHS)

Bobby said to let
the lawyers handle it,

but they've been
handling it
almost 12 years,

and nothing's happened.

When Foley came to the door,
he knew right away who I was.

HOW?

I don't know,
he just did.

I bet he was
real glad to see you.

I told him what he was
doing was wrong.

That my brother
shouldn't be serving time
for a crime he didn't commit.

And what?

Did you think he was
just gonna confess?

I don't know what I thought,
but when I told him,

he just laughed,
tried to close
the door on me.

BRISCOE: And you wouldn't
take "no" for an answer.

I got past him,
then I just started

looking around for,
I don't know,

proof or something.

That's when
he grabbed me,
around my neck.

I told him to let go
but he wouldn't.

And so I just
pushed back and

we fell,
he must have
hit his head.

You got that right.
Half his brains
were on the floor.

I go up to see Bobby
twice a month

ever since I was
old enough to drive.

For the last six months

I've seen him giving up,
giving up hope.

You don't know
what it's like seeing
your older brother

give up on his life.

He's been rotting away
in that prison
for 12 years,

for a crime
he didn't commit.

And this was my one chance
to prove his innocence.

And now the guy's dead.

(SNIFFLING)

Self-defense.

His lawyer served notice
at arraignments.

Awfully difficult claim
to make out
in another man's apartment.

There was also a PS,
no plea.

Was this lawyer
just over confident

or does he know
something we don't?

Lieutenant Van Buren
was the lead detective
in the original case.

Back when I was
in Narcotics.

Is there anyway
they can make it seem

like there's any truth
to what he's saying?

That his brother's innocent?

I don't see how.

There was also a witness.
Brenda Warren.

JACK:
How reliable was she?

Reliable enough
to convince a jury.

Bobby Campbell's prints
were also found on
the murder weapon

and his co-defendant's
blood type matched
the blood at the scene.

Doesn't matter.

Defense counsel's
still gonna try your case
all over again anyway.

Can they do that?

Propensity
for violence.

If Luke Campbell can suggest
Foley was the killer
in his brother's case,

he might get a jury
to believe Foley was
the aggressor in this one.

How many bites
do these guys get?

JACK:
We need to re-interview
your witness.

Brenda Warren had
a drug problem.

Was there any connection
between her and Campbell?

Any motive
for her to lie?

I never found one.
Neither did
Campbell's lawyer.

We had the guy's
fingerprints.

Well, it's been 10 years,
maybe they won't be able
to find her.

But if they do,
I don't want to take
any chances,

the defense finds
some way to shake her
original trial testimony.

We'll make sure
all our I's are dotted
and our T's are crossed.

They were 12 years ago.

I don't understand,
I testified at the trial.
They were both convicted.

SERENA:
And we're very grateful
to you for that.

It's just, some things
have come up

that might make
some people ask you
about what happened again.

What are
you talking about?
What things?

Honey, could you just
give us a minute.

Sure.

What things?

Another man
has been killed.

I don't understand.

Well, the person
who's been arrested

was the brother of
one of the men
you testified against.

He's after me?

No, no.
It's nothing like that.

Then what?
SERENA:
Well, this man claims

his brother was innocent.

That the man he killed
a few days ago

was the real murderer
in the case
you testified in.

How...
How could this happen?

Some lawyers
may come by here
and try to speak with you.

No. No more lawyers.
I'm not talking
to any more lawyers.

All you have to do,
Miss Warren, is confirm
what you said at trial.

No. I am not going
through this again.

Listen, I pulled
my life together
after this trial.

I got straight.
I got my GED.

You can't just walk
in here and start
accusing me of lying.

We're not accusing you
of anything, Miss Warren.

I think you should
both just leave.

SERENA:
They can subpoena you.

I want you to go.

We can
subpoena you too.

Well, then I'll just say
I don't remember.

Miss Warren, please.

No. I said
get out of my house!

Hope she was
a little more cooperative
than that at the trial.

Well, she testified
over 12 years ago

and now we show up
at her door
and ask her to go

through it
all over again.

It doesn't surprise me.

Oh, come on,
you're not gonna
really tell me

something else
wasn't going on
back there

other than
a little reluctance?

I don't know
what was going on, Serena,
and neither do you.

Well, what about
the reward money?

She was a crack addict,
right?

She didn't know
about the reward
before she came forward.

Look, she was a junkie.

Maybe her new husband
doesn't know anything
about that.

Who knows what
she's afraid of now.

Well, whatever it is,
we better find it
before defense counsel does.

Well, even if she does
change her story,

we still have
Campbell's prints
on the murder weapon.

You're joking, right?
You're talking about a case
that's over 12 years old.

Well, you keep your records
somewhere, don't you?

Why do you need them?
Campbell's kid brother
is makin' noise

about him being innocent.

Apple doesn't fall far,
does it?

SERENA: Look, I know
it's a little inconvenient

but we have a situation now
that we need to deal with.

What kind of situation?

The eyewitness,
we tracked her down
just to cover all the bases.

She acted
a little skittish.

We're not sure
we're gonna be able

to count on her
this time around.

Oh, well, you may
have more of a situation
than you thought.

VAN BUREN: What do you mean?
Well, we archive
all the physical reports

once the guy's
last appeal's denied.

Tell me who to contact
and I'll have the file
requisitioned.

Remember that
water main that burst
about five years ago?

Don't tell us.

Yeah.

Flooded our record room
downtown.

Campbell's prints
are probably in
the Gulf Stream by now.

Whoever said
that justice delayed
was justice denied,

obviously never worked
in the system.

This witness recants,
it's a whole new ball game
for both the Campbells.

Well, with any luck,
it won't come down
to this witness.

The fingerprint lift
is definitely gone,

but the CSU techs take
photos of the dusted prints
before they lift them.

The police department
still has those.

They're in
an evidence locker
in Brooklyn.

JACK: We're sure
they're still there?

I sent Briscoe and Green
over there this afternoon

to walk them
to the lab themselves.

Well, call them back
and tell them
to pick them up.

I'm not having
the same lab
do the test,

that lost the results
in the first place.

I know this
fingerprint examiner.

She's been
with the department
19 years.

I'm not questioning
her professionalism,
Lieutenant.

I'd just rather
not give defense counsel
any ammunition to argue

that the lab that couldn't
even keep their evidence dry
shouldn't be trusted.

Who do you want
to do the analysis?

Send the photos over
to the FBI.

In the meantime,
let's see if we can't get
a DNA comparison

on the blood that was linked
to Campbell's co-defendant.

Yeah. Anita,
your detectives

dropped them off
a few hours ago.

I was just about
to take a look at 'em.

You know,
it's gonna be fun
working with you again.

Well, there's been
a little change
in plans, Lisa.

What happened?
The kid took a plea?

Actually, the D.A.'s
gonna have the FBI lab
do the fingerprint analysis.

The FBI?
Why, for God sake?

Well, there's just
a feeling that the loss

of the original file
could be used

by some lawyer
as a smokescreen.

Oh, so now
a broken water main
is my fault.

It's no one's fault.
They just don't want
to create a problem

if they don't have to.

Well, it's ridiculous.

I'm the lab supervisor.

You know, no one's
gonna embarrass me,

especially some
defense lawyer.

That's exactly
what I told them.

I mean,
how many hours
did you and I

put into this case
in the first place?

Too many to count.

Look, this conviction
helped me get off
the lieutenant's list

after I took the exam.

I am not gonna
let this guy
slip away now.

Well, it's not right, Anita,
and you know it.

Take 'em.

What are we looking at?

They're called
ridge characteristics,

areas where the ridges
at the end of the fingertips

abruptly end or split.

If two prints share
enough of these,
they match.

I always thought
you just laid prints

on top of one another
like tracing paper.

It's common
misperception.

Latent prints are often
smudged, or overlap.

Plus, the pressure
you press down with

changes how
a print looks.

We're actually comparing
very different things

and trying to say
they're similar enough.

How similar
do they have to be?

Well, different labs have
different minimum numbers
of matching detail.

There's no
universal standard?

Some require
10 for a match,
others 15.

New York City has
no minimum number.

Each individual examiner
has his own standard.

So what about
our print?

Well, according to
the trial transcript,

your original
examiner testified

that she observed
six matching points,

which is her
minimum number.

Isn't that enough?

First of all,
six is an extremely
low number.

But more importantly,
I couldn't even figure
out how she'd found six.

I mean,
they just aren't there.

And all this means what?
It's not Campbell's print?

I can't really say
whose it is.

What I can say,
is that your examiner

never should have testified
that this print was a match

with Campbell's
to begin with.

It's that subjective?

JACK: It's bound to be.
They're trying to
judge similarities.

What about
the eyewitness?

Lieutenant Van Buren and I
re-interviewed her.

She was extremely
uncooperative.

So then there is
a reasonable chance

that Campbell has been
wrongfully convicted.

We should know more
once the DNA
on the blood comes back.

Either way it means
his brother's

going to be able to
raise questions about Foley
in his case as well.

You know, Russo's been
in that lab for 19 years.

What if she's had her finger
on the scale all along?

No telling how many cases
get reversed if that's true.

But I'd rather
not open the floodgates
based on speculation.

Randomly test 20
of her cases.

Let's find out
if we got a cop
in a lab coat.

I found seven false positives
out of the 20 that I tested.

It's almost a third.
Statistically,
it's impossible

that she just kept making
that many mistakes.

And it gets worse.
How?

The original
forensics team
recovered

over a dozen partial prints
from inside the car

where the victim
had been shot.

Now, fortunately,
those prints were kept
in a file at another location.

At the time,
this examiner declared them
all unidentifiable.

That wasn't true.

FBI agent found
a print in the vehicle

with an eight point
comparison.

AFIS spit out a possible,
belongs to a guy
named Ray Gifford.

Who's he?

He and Foley
were arrested together
over a half dozen times.

Where's Gifford now?

In a state prison in Florida
doing life without parole
on a drug sale.

An eight point comparison.

So you never looked
into Gifford?

I never even heard
of him or Foley
until a few weeks ago.

I had an eyewitness
who had already ID'd
Campbell and Martin,

and then the print
came back.

SERENA:
The only theory of the case
had two assailants.

Foley's prints
are as good a match
to the print on the gun

as Campbell's,
and he admitted
the killing

to our friend Edwards
up in Sing Sing.

And Brenda Warren
ran drugs for Gifford.

So if Gifford and Foley
committed the murder,

it means Campbell
and Martin were innocent.

I don't understand.

Does this Russo
just make stuff up
out of whole cloth?

Jack, I have known
Lisa Russo a long time.

She has always been
good people

and the best in the lab.

The FBI found seven other
false positives
that weren't even close.

JACK:
Get the paperwork started
to get Campbell released.

SERENA:
What do you want to do
about Brenda Warren?

Pick her up
for perjury.

Bobby Campbell
was just released.

And I made arrangements
for Luke Campbell
to be there when he was.

We dismissed
Luke Campbell's case,
right?

His older brother
just spent more than
12 years in jail

for a crime
he didn't commit.

There isn't a jury
in the world

that would reject
self-defense
and convict him.

I'm not sure I'd want
to ask them to anyway.

What are our chances
if we go after Russo
for manslaughter?

We'd have to show
she knowingly lied

and that her lie led
to Martin's death.

But, for all we know,
she was using her judgment.

The system can't be based
just on judgment calls.

There has to be
a set of standards.

Standards might not
take into account

the complexity of
fingerprint analysis.

Everything in the system
relies on
people's judgment, Nora.

But when people
cross the line,

they need to be
held accountable.

We have no proof
that Russo
knowingly lied.

Every one of her
so called mistakes

was made in favor
of the prosecution.

To me, that means,
she was neither mistaken
nor is she incompetent.

We'd also have to prove
that Martin's death was
a foreseeable consequence.

In Sing Sing?
Yeah.

Prison officials
won't like us
airing their laundry.

Then they should
clean up their act.

What now?

I need you to come down
to the precinct.

I've got a lab to run.

Get somebody to cover.

I'm giving you
a heads up here, Lisa.

You know what, Anita,

I'm done being polite
because we're friends.

I even watched
while you people let
a convicted murderer

walk out the door.

I'm not gonna be
quiet anymore.

Well, if you
do start talking,
I have to warn you

you have the right
to remain silent.

What the hell is this?
Lisa Russo,
you're under arrest

for manslaughter
in the death of
Larry Martin.

You have the right
to an attorney.

If you cannot afford one,
one will be provided for you.

You understand
these rights...

She's a civil servant
what are you
arraigning her on?

JACK: Man two.

SERENA:
And there's no offer.

Oh, come on.
You don't have a chance
at trial and you know it.

She'll take an unpaid leave
for six months,

go through
rigorous retraining.

This isn't a negotiation.

You're right.

Without proof that she acted
with any criminal intent,
it's a witch-hunt.

Your client got up
in a court of law
and lied,

knowing these juries
would rely
on her testimony.

Innocent men
were sent to prison.

One of them's dead
because of it.

Any way you cut it,
it's manslaughter.

(SIGHS DEEPLY)

I can't believe this.

You would send me to jail
for doing my job?

Not a word, Lisa.
Not another word.

We're done.

Larry and I were
doing construction
back in '90.

JACK: What, if anything,
happened on June 8th
of that year?

Two detectives came
and arrested us
for murder.

They said
they had a witness
that saw me and Larry

kill some guy
near the job site.

What did you think
at the time?

Well, at first
I wasn't scared.

I mean, I was innocent.

I didn't know
who this guy was,

or how he got killed,
or anything like that.

Then this
one female detective
came to see me in jail.

Said they'd matched
my fingerprints
with the gun.

After that it was
like a nightmare.

What happened?

The jury convicted me.

Judge gave me 25-to-life.

How did that
affect you?

My wife and I tried
to hold it together,

but finally got divorced.

She thought
it would be better
for our baby

if he didn't have
to deal with a father
that was in prison.

She was right, but,

my kid had to
grow up without me.

And Larry Martin?

Three years ago,
Larry got shanked
by another inmate.

He died
in the infirmary.

Larry just wasn't
cut out for prison life.

Nothing further.

You testified
at your trial

that you were home
with your wife on
the day of the shooting?

Yes.

But a witness
identified you
and Mr. Martin

as the two men
who were running
from the victim's auto

after the shots,
isn't that right?

All I know is
I spent 12 years in prison
for a crime I didn't commit.

So you say,

but the witness never
changed her story,
did she?

Even after she was
arrested for perjury.

Objection.

JUDGE: Sustained.

Nothing further.

JACK: Mr. Foster, did you
examine a latent print
in this case,

and compare it
to the prints
of Bobby Campbell?

Yes, I did.
What were your findings?

Well, the print
on the firearm
was of no value.

I could not determine
that it belonged
to Mr. Campbell.

Did you also examine
20 other sets
of latent prints

that had previously
been examined

and identified
by the defendant?

Yes. And in seven
out of the 20,

I found she'd made
false positives.

What conclusions
did you draw from that?

The comparisons
that she was making

were so far below
any standard that,
in my opinion,

her testimony
in those cases
was knowingly false.

How many points
does the FBI use
comparing prints?

We don't rely on
any minimum number
at all.

We rely on the expertise
and the overall impression
of the examiner.

So, examiners are allowed
to make matches based on,
say, six points?

Theoretically,
but other factors...

In fact, fingerprint analysis
has never been
scientifically tested, has it?

Objection.

The technique's
not on trial here,
Your Honor,

Miss Russo is.

Your Honor,
my client is being accused
of intentional inaccuracy.

I think we should be
allowed to establish
that the technique itself

may be inaccurate
and therefore to blame.

I agree.

But don't go too far
astray, Mr. Rowan.

The objection's overruled.

The methodology is
based on the premise

that no two sets
of fingerprints
are alike.

Yes, but no one
really knows

what the error rates are,
do they?

No.
Which means you can't
sit here today

and tell us that print
is not Campbell's?

Well, I don't
think it is...

But you cannot
absolutely exclude him,
can you?

No, I can't.

I observed
six matching points
between the latent print

and the prints that
were provided to me.

Agent Foster testified
that he couldn't find six.

In my opinion he's being
overly conservative.

So two examiners can
disagree in good faith.

A good examiner uses
his or her best judgment.

The lab standard is 12,
but that's a guideline only.

And in the Campbell case,
I used my judgment

and relied on
my expertise
and experience.

I've been doing that
for over 19 years.

Have you ever
made a mistake?

Well, I hope not.

That would be
a fingerprint examiner's
worst nightmare.

All I can say is

that I performed my job
the way I was
trained to do it,

and I did the very best
that I could do.

You said you thought

that Agent Foster
was being
too conservative.

That's right.

And you're comfortable

with a minimum number
of six matching points?

Yes.

Are there other examiners
in your lab who require more?

Yes. It's a matter of
professional judgment.

But no one who
relies on less.

I suppose not.

Does the name
Simon Garrison

mean anything to you,
Miss Russo?

Not off hand.

How about the face?

No.

1998.

Your testimony
was the key piece of
evidence against him.

If you say so.

Isn't it the case,

that after
four other examiners
in your office

had examined the prints

and refused to
declare a match,

that you had the case
reassigned to yourself?

In my opinion,
the prints were a match.

How about John Quilty?

Three other
examiners refused,
you declared a match.

I don't remember.

Danny Meyer.

Again, three
other examiners.

Your Honor...
I looked at the prints
in those cases.

They could be matched,
so I reassigned them
to myself.

I don't see anything
wrong with that.

JACK: You don't?

Case after case,

you got on
a witness stand,

cloaked in the aura
of an expert,

and declared
a scientific certainty,

when in fact,
numerous other examiners,

had said that they
were not a match.

I have 19 years experience.

I use my best judgment.

And your best judgment

sent Bobby Campbell
and Larry Martin to prison.

Two innocent men!

A jury did that.

Relying on evidence
testified to by you.

There was also
an eye witness,
the same blood type.

And you knew that,
when you looked

at those fingerprints
didn't you?

Oh, they were guilty.
Everybody knew that.

Not until you decided to
declare the prints a match.

Madam Foreperson,
have the members of
the jury reached a verdict?

Yes, we have,
Your Honor.

In the matter of the people
of the state of New York

against Lisa Russo,
how do you find?

On the charge of Manslaughter
in the Second Degree,

we the jury,
find the defendant

sunny,

(PEOPLE MURMURING)

(BREATHES DEEPLY)

(KNOCKS ON DOOR)

I finished those
fives you wanted.

Oh, thanks.

(SIGHING)

I'm fine, Lennie.

I just wanted
to make sure.

You know, you nudge
a witness in the right
direction at a line up,

the gun was
in plain view,

not under the seat.

We do that
all the time.

You wouldn't have
passed off those
prints to the D.A.

unless she told you
there was a match.

Closing that case
got me noticed, Lennie.

And I used to hear
the whispers

and the chatter
behind my back.

"She got it
'cause she's black."

"She got it
'cause she's a woman."

And I never listened
to that crap

because I knew
I had earned it.

You made lieutenant
because you're a great cop.

All the drug collars
you made,

all the killers
you put behind bars.

This one case
isn't gonna undo
all of that.

I'm not so sure, Lennie.

(SIGHS)

I'm not so sure.

(DOOR BUZZING)

Thank you.

If you came here
to apologize,
do us both a favor,

don't.
You know, I have been

racking my brain
trying to figure out

if I gave you any signals
that I wanted you to do this.

Oh, so you came by
to make yourself
feel better.

To confirm your
moral superiority.

I want to know
why you did it.

Those were people's lives
you were playing with.

You know, I don't recall
you crying so hard

when you made
first grade
off this case.

I never knew you lied!

Oh, please!

You people come in,
you give me the evidence.

You tell me,
"See what you can
come up with, Lisa."

And I gave you
exactly what you wanted.

(PANTING)

And you know what?
You are the worst
kind of hypocrite.

And are you really
gonna sit there

and tell me that
you don't blur
the boundaries?

Go home

and look in
the mirror, Anita.

And when you do,

you ask yourself
is it right
that I'm in here

(SHOUTING)
and you're not?

Guard!